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

Vol. 163 WASHINGTON, TUESDAY, OCTOBER 31, 2017 No. 176 Senate The Senate met at 10 a.m. and was As I said last week, no single bill or As government officials review this called to order by the President pro program is going to solve this crisis on morning’s report and as agencies de- tempore (Mr. HATCH). its own. Only a sustained, committed velop new plans to fulfill its objectives, f effort can do that. That has been my I will continue to work with partners view over the many years that I have in Washington and Kentucky to ad- PRAYER been involved in this issue, from the dress this important crisis. The goal, of The Chaplain, Dr. Barry C. Black, of- first time I invited the White House course, is that one day we can finally fered the following prayer: drug czar down to Eastern Kentucky to put the pain of opioid abuse behind us Let us pray. see the challenges posed by prescrip- once and for all. Sovereign Lord of the Universe, we tion drug abuse firsthand to my work f pray today for all who govern. Use our on other initiatives, such as helping JUDICIAL NOMINATIONS Senators for Your glory, providing pass a law to help address the tragedy them with wisdom to live with the in- of babies born addicted to drugs. Mr. MCCONNELL. Mr. President, yes- tegrity that brings stability to nations. It is also what I believed as the Re- terday the Senate advanced the nomi- Because of their labors, enable us to publican-led Senate worked hard to nation of Professor Amy Barrett, live peaceful, quiet, godly, and dig- pass important legislation such as President Trump’s impressive nominee nified lives, growing in grace and in a Jessie’s Law, the 21st Century Cures to be a judge on the Seventh Circuit knowledge of You. Act, and the Comprehensive Addiction Court of Appeals. She is the first of Lord, inspire our lawmakers in every and Recovery Act in the last Congress. four strong nominees to our Nation’s situation to seek to glorify You, doing I believe President Trump took the circuit courts that the Senate will con- justly, loving mercy, and walking hum- same view as he announced another im- firm this week. bly on the path You have chosen. May portant step last week by declaring a Professor Barrett’s experience as a they speak for those who cannot speak public health emergency for opioids. I distinguished law professor at the Uni- for themselves, ensuring justice for would like to, once again, thank the versity of Notre Dame shows her quali- those who are perishing. Lord, keep our President for his commitment to con- fications to serve our Nation on the Senators ever in the circle of Your un- fronting this crisis. Federal bench. She is going to be an folding providence as they find delight We all know there is much further to asset to our judiciary. in doing Your will. go, and as we move forward, Repub- Of course, some on the left have tried We pray in Your Holy Name. Amen. licans and Democrats, the House and to invent any reason to prevent this f the Senate, the States and the White President’s nominees from advancing. House, we should remain committed to For an outstanding nominee such as PLEDGE OF ALLEGIANCE working together on policies and pro- Professor Barrett, their task was not The President pro tempore led the grams that actually deliver results. easy. They can’t attack her creden- Pledge of Allegiance, as follows: About an hour ago, the Government tials, which are truly impressive; they I pledge allegiance to the Flag of the Accountability Office released a report can’t attack her belief in the rule of United States of America, and to the Repub- I requested about the Federal Govern- law—Professor Barrett’s writings and lic for which it stands, one nation under God, ment’s response to opioid use disorders. her testimony clearly show a nominee indivisible, with liberty and justice for all. The Government’s chief watchdog rec- who will uphold our Constitution and f ommends that as the Department of our Nation’s laws as they are written— Health and Human Services expands as they are written—not as she wishes RECOGNITION OF THE MAJORITY access to medication-assisted treat- they were. LEADER ment, it should also develop clear Unbelievably, some on the political The PRESIDING OFFICER (Mr. measures to gauge performance. This left, including some of our Democratic SASSE). The majority leader is recog- GAO study will help to ensure that dol- colleagues, are actually criticizing nized. lars are spent wisely to fight the crisis Professor Barrett for a law review arti- f of opioid abuse taking lives in commu- cle she cowrote back in law school by nities all across our country. The an- saying it says the opposite of what it OPIOID CRISIS nouncement of GAO’s conclusions will actually says. Mr. MCCONNELL. Mr. President, the help us as we continue to build a com- They claim Professor Barrett wrote opioid crisis is hurting communities prehensive approach to combating her- that a judge should put her personal across our country. Its challenges are oin and prescription drug abuse. It is beliefs ahead of the rule of law, when, complex and its causes are many. another step in the right direction. in fact, she said a judge should not do

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

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VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.000 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6886 CONGRESSIONAL RECORD — SENATE October 31, 2017 that—exactly the opposite. She wrote EXECUTIVE SESSION preme court justices who were not ap- that if a judge’s personal views were to proved by Republican Senators to move impede that judge’s ability to impar- to the Federal bench: Lisabeth Tabor tially apply the law, then the judge EXECUTIVE CALENDAR Hughes from Kentucky, Myra Selby should recuse herself from the case. The PRESIDING OFFICER. Under from Indiana, Don Beatty from South As the coauthor of that article and the previous order, the Senate will pro- Carolina, Louis Butler from Wisconsin, current president of Catholic Univer- ceed to executive session and resume Patricia Timmons-Goodson from North sity recently put it, ‘‘The case against consideration of the Barrett nomina- Carolina. Prof. Barrett is so flimsy, that you tion, which the clerk will report. Senate Republicans turned obstruc- have to wonder whether there isn’t The senior assistant legislative clerk tion of judicial nominees into an art some other, unspoken, cause for their read the nomination of Amy Coney form under President Obama. Yet Sen- objection.’’ Barrett, of Indiana, to be United States ator MCCONNELL, day after day, has It does make you wonder. Circuit Judge for the Seventh Circuit. said: ‘‘I think President Obama has To those using this matter as cover The PRESIDING OFFICER. The as- been treated very fairly by any objec- to oppose Professor Barrett because of sistant Democratic leader. tive standard.’’ her personally held religious beliefs, Mr. DURBIN. Mr. President, Senator He comes to the floor now regularly let me remind you, there are no reli- MCCONNELL has come to the floor to to complain about ‘‘obstruction’’ of gious tests—none—for public office in complain about what he calls obstruc- Trump nominees. Senator MCCONNELL this country. That is not how we do tion of President Trump’s judicial and the Senate Republicans set the things here. Our government and our nominees. The majority leader must standard for obstruction. If Leader Nation are made better through the feel that many of us suffer from amne- MCCONNELL thinks President Obama service of qualified people of faith. sia. was treated fairly with these facts, it is That will surely be true of Professor It was just last year Senate Repub- hard to understand why he is com- Amy Barrett. licans, under the leadership of the plaining about the treatment of Presi- I look forward to voting to confirm same Senator MCCONNELL, set a new dent Trump’s judicial nominees. this accomplished law professor and de- standard of obstruction. The most So far this year, the Senate has con- voted mother of seven later today, and prominent victim of Republican ob- firmed four of President Trump’s cir- I would urge our colleagues to join me. struction, Chief Judge Merrick Gar- cuit court nominees and four of his dis- Once we do, the Senate will advance land, was President Obama’s nominee trict court nominees. At the same another of President Trump’s well- for the Supreme Court. Never, never in point in his first year, President qualified circuit court nominees, the history of the U.S. Senate has the Obama had one circuit court nominee Michigan Supreme Court Justice Joan Senate denied a Supreme Court nomi- and three district court nominees con- Larsen, to serve on the U.S. Court of nee a hearing and a vote. Senator firmed. Twice the number have been Appeals for the Sixth Circuit. MCCONNELL led the Republicans last confirmed under President Trump as Justice Larsen is the second of three year in doing that. were confirmed under President Obama accomplished women whom the Senate Then, Senator MCCONNELL refused to in each of their first years. President will consider this week for appoint- even meet with Judge Garland, refused Trump’s nominees are moving twice as ment to our circuit courts. I assume to give him the courtesy of a meeting, fast as President Obama’s. that all three of these impressive even though the judge’s qualifications Senator MCCONNELL controls the women will receive strong support were unquestioned and even though he floor schedule. If he wants to schedule from our Democratic colleagues who had been confirmed to the DC Circuit more votes on judges, I suppose he has never seem to miss an opportunity to with broad bipartisan support. the power to do so. He is exercising talk about the war on women. The way Senate Republicans treated that power by doing something that Here is what nominees such as Lar- Merrick Garland was disgraceful, but has never happened in the history of sen and Barrett and the others we will Judge Garland was far from the only the Senate. Four circuit court judge consider this week represent for our victim of Republican systematic ob- nominees will be considered this week Federal judiciary: equal justice under struction during the Obama Presi- in the Senate. the law for all and a fair shake for dency. In 2016, there were 30 non- Since the Republicans in the Senate every litigant. What a refreshing de- controversial judicial nominees—17 are dedicating this week to judicial parture from President Obama and his women and 13 men—who were denied a nominations, it gives us a good oppor- so-called empathy standard for select- floor vote by Senate Republicans. All tunity to look at the nominees Presi- ing judicial nominees—really just an- but two of these nominees were re- dent Trump has put forward for life- other of the left’s ideological purity ported out of the Judiciary Committee time appointments to the second high- tests and one that was anything but with a unanimous vote of Democrats est courts in the Federal system. empathetic for individuals on the other and Republicans. Some of these nomi- Time and again, we have seen Presi- side of the case. If you are the litigant nees—like Edward Stanton of Ten- dent Trump nominate people who are for whom the judge does not have em- nessee and Julien Neals of New Jer- far outside of the judicial mainstream. pathy, you are in a tough position be- sey—sat on the Senate calendar for For example, there is John Bush, now a fore such a judge. more than a year, waiting for a vote judge on the Sixth Circuit, who blogged Finally, I would like to express my which the Republican majority leader about the false claim that President gratitude, once again, to Chairman and his Members refused to give them. Obama wasn’t born in the United During the last 2 years of President CHUCK GRASSLEY for his continued States, compared abortion to slavery, work to bring these outstanding nomi- Obama’s administration, the Repub- and said in his hearing that he thinks nees to the Senate floor. lican-controlled Senate confirmed only impartiality is an aspiration for a 22 judges in 2 years. That is the lowest judge, not an expectation. f number of confirmations in a Congress There is Damien Schiff, nominee for since 1952. By comparison, in the last 2 the Court of Federal Claims under RESERVATION OF LEADER TIME years of George W. Bush’s Presidency, President Trump, who called Supreme The PRESIDING OFFICER. Under the Democratic-controlled Senate con- Court Justice Anthony Kennedy ‘‘a ju- the previous order, the leadership time firmed 68 judicial nominees—22 under dicial prostitute.’’ is reserved. Republicans and Obama and 68 under There is Jeff Mateer, a Trump nomi- Democrats for President Bush. nee for the district court in Texas, who f That is not all. Republicans also ob- described transgender children as part structed 18 Obama nominees by deny- of ‘‘Satan’s plan’’ and who lamented CONCLUSION OF MORNING ing them blue slips. That is the permis- that States were banning so-called BUSINESS sion slip from a Senator from the State ‘‘conversion therapy,’’ the pseudo- The PRESIDING OFFICER. Morning of the judicial nominee. That included science of attempting to ‘‘convert’’ business is closed. five nominees who had been State su- LGBT Americans into heterosexuals.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.002 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6887 There is Thomas Farr, Trump nomi- Given her lack of judicial record and should have any impact on the dis- nee for the district court in North her minimal record as a practicing law- charge of judicial duties of a Catholic Carolina, whom the Congressional yer, the Judiciary Committee looked judge. Black Caucus describes as ‘‘the pre- at Professor Barrett’s academic So was it any surprise that at least eminent attorney for North Carolina writings to try to understand who she five different Senators—three Repub- Republicans seeking to curtail the vot- is and what she believes. Basically, licans and two Democrats—asked her ing rights of people of color.’’ that is all we had to go on. about the article that she coauthored? There is Greg Katsas, nominee for Much of Professor Barrett’s writings It is no surprise that the gravity of this the DC Circuit, who refused to say at deal with when she believes it is ac- publication and the issue it raised led his hearing whether the torture tech- ceptable for judges to deviate from committee members on both sides of nique known as waterboarding is ille- precedent. For example, in a 2003 law the aisle to ask questions about the gal. journal article, she called for ‘‘federal nominee’s religious beliefs, the con- There is Brett Talley, a nominee by courts to restore flexibility to stare de- tents of her writings, and how it would President Trump to be Federal trial cisis doctrine.’’ In a 2013 article, she impact the discharge of her duties if judge in Alabama, who has never tried said that it is ‘‘more legitimate for [a she was approved by the Senate. a single case and he wrote in a blog: ‘‘I justice] to enforce her best under- Who asked the first question about pledge my support to the National standing of the Constitution rather the religious beliefs of Amy Coney Bar- Rifle Association, financially, politi- than a precedent she thinks clearly in rett? It was the Republican chairman cally, and intellectually.’’ conflict with it.’’ These are extraor- of the Committee, CHARLES GRASSLEY. There is Alabama district court and dinary—some would say even ex- He noted that Professor Barrett had Trump nominee Liles Burke, who hung treme—views of the obligation of a been outspoken about her Catholic a portrait of Confederate President Jef- Federal judge to follow established faith and asked her when it was proper ferson Davis in his office and defended precedent from someone who is seeking for a judge to put religious views above it at his hearing, saying it had ‘‘histor- a lifetime appointment to the second applying the law. Chairman GRASSLEY ical significance.’’ highest court in the land. also asked, in his second question, how There is Oklahoma district court I would like to address Barrett’s Law she would decide when she needs to nominee Charles Goodwin, who re- Review article. She co-wrote an article recuse herself on grounds of con- ceived a very rare rating of ‘‘not quali- in 1998 with John Garvey in the Mar- science. fied’’ to be a Federal judge from the quette Law Review entitled ‘‘Catholic Senator MCCONNELL comes to the American Bar Association. floor and suggests that any reference The list of Trump nominees goes on. Judges in Capital Cases.’’ This article was about what she perceived then as to that article somehow raises ques- Routinely, we see judicial nominees tions of religious bias. Let me say for under President Trump who have a his- the recusal obligations of ‘‘orthodox Catholic’’ judges. The article said some the record that I do not believe Chair- tory of taking ideologically driven po- man GRASSLEY is guilty of religious sitions that are out of the mainstream. provocative things. Here are some ex- amples: bias, nor have I ever seen any evidence Nearly all of these nominees are mem- of it. It was hard to imagine how he bers of the rightwing Federalist Soci- ‘‘A judge will often entertain an ideo- logical bias that makes him lean one could avoid the obvious. She had writ- ety, which President Trump uses as his ten a lengthy article—coauthored an gatekeeper for the Federal bench. way or another. In fact, we might safe- ly say that every judge has such an in- article on a subject, and he felt duty- Do you remember Neil Gorsuch, the bound, as chairman of the Judiciary Supreme Court Justice? Do you know clination.’’ Committee, to ask her questions about how he was notified that he had been ‘‘Litigants and the general public are her beliefs on the subject. I don’t be- chosen to be a candidate for the Su- entitled to impartial justice, and that lieve that Chairman GRASSLEY would preme Court? You would expect a call may be something that a judge who is ever apply a religious test to any nomi- from the White House, right—maybe heedful of ecclesiastical pronounce- nee, but he and many of us felt it im- even a call from the President? No. The ments cannot dispense.’’ portant to ask Professor Barrett to White House decided to delegate to the She wrote, when discussing the ‘‘be- state her position clearly on the con- Federalist Society to notify him. They havior of orthodox Catholics in capital vergence of her faith, her conscience, called Mr. Leo, their director, and said: cases,’’ that ‘‘the judge’s cooperation and her duties as a Federal judge. Why don’t you call Mr. Gorsuch and with evil passes acceptable limits when Similarly, Republican Senator ORRIN give him the good news? Well, it is no he conducts a sentencing hearing.’’ HATCH felt it necessary to ask Pro- surprise to those of us who know that This is an article written by the fessor Barrett to make clear a judge’s the Federalist Society, this conserv- nominee. This is an issue raised by the duty when the laws or Constitution ative group, is now the gatekeeper of nominee. It was such a profound state- conflicts with the judge’s personal reli- all the Federal judges under President ment about the relationship between gious beliefs. Again, I do not believe Trump. conviction, conscience, and religious Many of these nominees have given belief, that it was the subject of many Senator ORRIN HATCH, Republican of no reassurance that they will be inde- questions from many Senators on the Utah, would apply a religious test to pendent as judges. And the question ob- Judiciary Committee. any nominee, but the nominee’s viously is, What impact will the Presi- For the last 2 days, Senator MCCON- writings and the questions those dent—who has unfortunately deni- NELL has come to the floor and talked writings raised led him to ask the grated and pressured Federal judges in about the left asking questions about nominee that question. Later in the hearing, Senator TED the past—have on them? Amy Coney Barrett’s religious beliefs. Let’s consider the nominees before Obviously Senator MCCONNELL has not CRUZ, Republican of Texas, raised the the Senate this week. read the transcript from the Senate Ju- same issue. I will quote what he said to Professor Amy Coney Barrett, who diciary Committee. Professor Barrett: has been nominated to sit on the Sev- Some have suggested it was inappro- I’ve read some of what you’ve written on enth Circuit Court of Appeals, is a dis- priate for the Judiciary Committee to Catholic judges and in capital cases, and in tinguished professor at Notre Dame even question the nominee about the particular, as I understand it, you argued that Catholic judges are morally precluded Law School. She has strong academic impact of religious belief on the dis- from enforcing the death penalty. I was credentials. She clerked for Justice charge of her duties. Some of my col- going to ask you to just please explain your Scalia on the Supreme Court. But she leagues have questioned the propriety views on that because that obviously is of has no judicial experience. And she told of such questions in light of the Con- relevance to the job for which you have been the Judiciary Committee that she stitution’s clear, unequivocal prohibi- nominated. could only recall three litigation mat- tion on religious tests. But I would re- That was from Republican Senator ters that she worked on in her entire mind the Senate that it was the nomi- TED CRUZ. I do not suggest that he was career—three. She has never served as nee herself, in this 47-page Law Review guilty of any religious bias in asking a counsel of record in an appellate case article, who raised this issue on wheth- the question about an article written or ever argued an appeal. er the teachings of the Catholic Church by the nominee.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.004 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6888 CONGRESSIONAL RECORD — SENATE October 31, 2017 I take our Constitution seriously applying a religious test in rejecting lic. She responded that this was a po- when it says there should be no reli- his nomination. litical debate on which she could not gious test for public office, but many When judicial nominees have put for- opine. I think that is an absurd posi- Senators on the Judiciary Committee— ward their views on issues like the tion, given that the debate here is over three Republicans and two Democrats, intersection of law and faith as part of her own nomination and getting infor- including myself—felt the writings of the academic legal debate, I think it is mation for her own recusal decisions. the nominee warranted an inquiry fair for members of the Judiciary Com- I also asked Justice Larsen if she about her views on the impact of her mittee to ask them about it. That is no agreed, as a factual matter, with Presi- religion on a judge’s role. That is far religious test by my measure. dent Trump’s patently absurd claim from a religious test in violation of the I voted against Professor Barrett’s that 3 to 5 million people voted ille- Constitution. nomination in committee because I gally in the 2016 election. I think that At her hearing, I asked Professor don’t believe she has sufficient experi- is an easy question. Justice Larsen Barrett several questions about her ence to be a circuit court judge and be- ducked it, saying that this was a polit- 1998 Law Review article. I asked her cause of her writings about precedent. ical debate. I am troubled by these an- whether she still agreed with her arti- No one doubts that she is smart, but swers. I believe Justice Larsen has not cle. She said in general that she did. I she has barely spent any time in the shown the necessary independence said that even though I am a Catholic, courtroom. The only basis we have to from the President or rightwing groups even though I have gone through 19 judge her on is on her academic like the Judicial Crisis Network, and years of Catholic education, I have writings. she does not earn my vote. never run into the term ‘‘orthodox Let’s be honest. If a Democratic NOMINATION OF ALLISON EID Catholic,’’ which she used in that arti- President had put forward a nominee I oppose the nomination of Colorado cle. I asked her if she could define it. with as little practical legal experience Supreme Court Justice Allison Eid to What was she saying? Whom did she de- as Professor Barrett and with a similar the Tenth Circuit. She is another on scribe? She said it was an imperfect history of advocating for not following the short list of 21 Supreme Court term but explained the context for her precedent, I think we know exactly nominees that the Federalist Society use of it. I asked her whether she con- how the Senators on the other side of and the Heritage Foundation assem- sidered herself in that category, using the aisle would have voted. As it bled for President Trump. She has now her term which she put forward as car- stands, I cannot support Professor been nominated to the seat of the rying certain obligations on judicial Barrett’s nomination. Tenth Circuit once held by Supreme recusal. She acknowledged again that NOMINATION OF JOAN LARSEN Court Justice Neil Gorsuch. the term is a proxy and that it wasn’t I oppose the nomination of Michigan I am troubled by the dissents Justice a term in current use. Supreme Court Justice Joan Larsen to Eid wrote in a number of cases. I asked Some have argued that I was impos- the Sixth Circuit. She is one of the 21 her about one of those cases during her ing a religious test—somehow, the Supreme Court candidates that the hearing. A 2015 case, Westin Operator, three Republican Senators asking the Federalist Society and the Heritage LLC v. Groh, involved a hotel that same question have not been chal- Foundation handpicked for President evicted a group of college-age, intoxi- lenged—or that I was insinuating that Trump. Clearly, those rightwing orga- cated friends into freezing weather one Catholics can’t serve on the bench. nizations are confident that they will night. The young adults ended up get- That is absurd. I myself am Catholic. I like her rulings if she is confirmed. ting into a car and driving away. The deeply respect and value the freedom of When she appeared before our com- car crashed, and a person was killed. religion in our country and the Con- mittee, I asked some simple questions, The family of Caitlin Groh, who suf- stitution. And I will let my record and I was troubled by the responses. fered traumatic brain damage in the speak for itself about the number of In 2006, Justice Larsen wrote an op-ed accident, sued the hotel for negligently Catholic nominees whom I have ap- defending President Bush’s use of a evicting the guests into a foreseeably pointed to the bench or tried to ap- signing statement on the McCain tor- dangerous environment. point to the bench with the concur- ture amendment. The McCain amend- Justice Eid’s dissent argued that the rence of the Senate during the course ment prohibited torture and cruel, in- court should have dismissed the Groh’s of my career. I voted for many judicial human, or degrading treatment. I family claim on a motion for summary nominees who are of the Catholic reli- asked Justice Larsen about that op-ed judgment. She said that she saw no gion, including Judge Ralph Erickson, and asked her if she believes material dispute of fact in the case be- who is outspoken about his Catholic waterboarding is torture and illegal. cause she claimed the hotel video faith and whom I voted to confirm sev- She would not answer the question. showed there were taxis in the area eral weeks ago. I am also sure I voted The law is clear on this matter, and I that the evicted guests could have against nominees who were Catholic as have voted against nominees in the taken. But the majority of the court well because I didn’t think they had past who would not acknowledge this. saw the same evidence, the same video, the experience, judgment, or tempera- I also asked Justice Larsen about the and came to the opposite conclusion. ment to serve in the Federal judiciary. $140,000 in ads that a dark money front The majority wrote: At nomination hearings, I ask ques- group called the Judicial Crisis Net- Video footage from hotel security cameras tions to try to understand how the work had run in support of her nomina- shows two taxis in the vicinity during the nominee would approach the job of a tion. This is the same rightwing, dark general timeframe of the eviction. No taxi is judge. I asked Professor Barrett ques- money organization that spent mil- visible on screen during the time in which tions about issues she raised in her lions of dollars in undisclosed dona- the group exited the hotel and walked to the academic writings that could directly tions running ads to oppose Merrick parking lot en masse, but there is a police impact the discharge of her judicial du- Garland’s nomination to the Supreme car parked at the entrance. It is unclear ties. Court and to support the nomination of from the record whether the taxis visible at I would note that Professor Barrett other times in the video were occupied or Neil Gorsuch. available for service, whether any member of put forward her views as part of the I am troubled that special interest the group saw the taxis, and whether the se- academic legal debate. Contrast that groups are making undisclosed dona- curity guards evicting the group were aware with Paul Abrams, President Obama’s tions to these nomination front groups. if a taxi was immediately available. . . . One nominee for the Central District of These special interests likely have a of the people evicted testified at his own dep- California, who was aggressively ques- stake in the cases that will come be- osition that he tried to look for a cab outside tioned by committee Republicans last fore these judges. The donations should the hotel but didn’t see one. year about statements he made while be transparent so that judges can make In other words, looking at the same speaking at his synagogue. Republicans informed decisions about recusal. evidence, the majority of the court ultimately blocked Paul Abrams’ nom- I asked Justice Larsen if she could could not reach the same conclusion. It ination. No one on this side of the call on this front group to stop running is difficult to understand how Justice aisle—not this Senator or any Sen- ads in support of her nomination unless Eid saw this evidence as undisputed ator—questioned whether they were donations to the groups are made pub- and why she wanted this case dismissed

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.005 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6889 on summary judgment—until you read September 12, 2009, at that Vanderbilt gressive prosecution of Linda Williams. the part of Justice Eid’s dissent where Criminal Justice Roundtable. What was she charged with? The al- she talks about ‘‘the burden that the According to the website of the Fed- leged theft of $7 from a cash register. majority is placing on Colorado busi- eralist Society, Professor Bibas also The magistrate judge acquitted this de- nesses.’’ That appears to explain her gave presentations on this same article fendant even before the closing argu- ruling, not the facts in the case. to three student chapters of the Fed- ment from defense counsel. The case In written questions I asked Justice eralist Society—on September 3, 2009, was weak, yet it was aggressively pur- Eid if she had also considered the bur- at George Mason; on October 21, 2009, sued by then-attorney Bibas. Professor den the court’s decision would place on at the University of Florida; on Octo- Bibas apologized at his hearing for this these young adults and their families. ber 22, 2009, at Florida State. Incred- prosecution, but we have seen over and She did not respond. ibly, this presentation by Professor over again that many people try to This is one of her troubling dissents, Bibas was advertised with the title walk away from who they are and what but there were others. In the 2014 case ‘‘Corporal Punishment, Not Imprison- they have done when it comes to a con- of City of Brighton v. Rodriguez, her ment: The Shocking Case for Hurting firmation hearing. dissent would have denied workers’ Criminals.’’ This is an insensitive title I believe these cases that I men- compensation for a city employee who for a presentation that called for ad- tioned, particularly this outrageous ar- fell down the stairs to her office and ministering electric shocks to human ticle, show a real insight into the judg- needed brain surgery. In the 2017 case beings. ment and temperament of this judicial of People v. Boyd, her dissent criticized In his draft article, Professor Bibas nominee. the State’s decision not to prosecute a thanked nine other people for their I have been a member of the Senate person on appeal based on a marijuana thoughts and comments on this paper. Judiciary Committee for a number of possession statute that is no longer op- This was not something the professor years, and I have seen many nominees. erative. The cases go on and give ample wrote as a child or even as a student. I will tell you without fear of con- reason why I do not believe this trou- When he wrote this paper in 2009, Pro- tradiction that I have never seen a bling record justifies Justice Eid re- fessor Bibas was a professor at the Uni- nominee who has written an article placing Justice Gorsuch on this impor- versity of Pennsylvania Law School, that is so unsettling and so worrying. I tant court. and he had already worked as an assist- wonder about the temperament of this NOMINATION OF STEPHANOS BIBAS ant U.S. attorney. He wrote this paper nominee. Given the power that we are The last nominee I will address is, I after Congress had considered the about to give him to judge the fate of believe, one of the most unusual I have McCain torture amendment. others for decades to come, can we ever seen before the Senate Judiciary At the hearing I asked Professor really trust his temperament? Can we Committee—Stephanos Bibas, who has Bibas: Do you remember the debate we really trust his judgment? been nominated for a lifetime appoint- went through as Americans about the Sadly, if the shoe were on the other ment to the Third Circuit Court. In acceptable method of interrogation for foot, if this were a nominee who had 2009, Professor Bibas wrote a lengthy suspected terrorists overseas? Do you been proffered by a Democratic Presi- draft paper entitled ‘‘Corporal Punish- remember the debate we had on the dent before that same committee, I ment, Not Imprisonment.’’ In it, he floor when Senator MCCAIN, the victim know exactly what his fate would have said that for a wide range of crimes of torture himself as a prisoner of war been. He would never have been taken ‘‘the default punishment should be in the Vietnam war, came forward and seriously or considered for such a high non-disfiguring corporal punishment, authored an amendment, which got a position. such as electric shocks.’’ He went on to vote of 90 to 9, condemning torture, Mr. President, the article by Amy call for ‘‘putting offenders in the cruel, inhuman, and degrading treat- Coney Barrett, ‘‘Catholic Judges in stocks or pillory where they would sit ment of prisoners suspected of being Capital Cases,’’ published in the Mar- or stand for hours bent in uncomfort- terrorists? I asked him if he remem- quette Law Review can be found online able positions.’’ Professor Bibas then bered that debate, which occurred 3 at http://scholarship.law.marquette went on to say that ‘‘bystanders and years before he wrote this outrageous .edu/cgi/viewcontent.cgi?article victims could jeer and pelt them with article. =1443&context=mulr, and the article by rotten eggs and tomatoes (but not He said at the hearing: Well, I want Stephanos Bibas entitled ‘‘Corporal rocks).’’ to make it clear that I don’t support Punishment, Not Imprisonment,’’ can For more severe crimes, Professor waterboarding. be found online at https:// Bibas called for ‘‘multiple calibrated I said: So you support electric shock www.judiciary.senate.gov/download/ electroshocks or taser shots’’ with on American prisoners, but you do not stephanos-bibas-corporal-punishment, medical personnel on hand to ensure support waterboarding? so that those who read my statement ‘‘that the offender’s health could bear He said on the record, under oath: ‘‘I will understand exactly what it was it.’’ [knew] it was a crazy idea.’’ based on. He also wrote ‘‘instinctively, many This is a man seeking a lifetime ap- I yield the floor. readers feel that corporal punishment pointment to the second highest court I suggest the absence of a quorum. must be unconstitutionally and in the land. This paper deeply troubles The PRESIDING OFFICER. The immorally cruel, but neither objection me. Not only did Professor Bibas go a clerk will call the roll. long way down a dangerous path with withstands scrutiny.’’ He then wrote The senior assistant legislative clerk his proposals, but this law school pro- that corporal punishment ‘‘in modera- proceeded to call the roll. fessor got the law wrong. The Supreme tion, without torture or permanent Mr. SCHUMER. Mr. President, I ask Court had made clear in 2002 in the damage, is not cruel.’’ unanimous consent that the order for Professor Bibas said at his hearing case of Hope v. Pelzer that the corporal the quorum call be rescinded. that he didn’t ultimately publish the punishment practiced in the State of The PRESIDING OFFICER. Without 60-page, footnoted paper because he re- Alabama of restraining prisoners by objection, it is so ordered. alized that his writings were wrong and tying them to a hitching post in un- offensive. He now says that he rejects comfortable positions constituted cruel RECOGNITION OF THE MINORITY LEADER his paper. But his 2009 paper was not and unusual punishment in violation of The Democratic leader is recognized. just scribblings on a notepad. This was the Eighth Amendment. RUSSIA INVESTIGATION a polished, heavily footnoted, 60-page Professor Bibas wrote his paper, Mr. SCHUMER. Mr. President, yes- draft law review article. workshopped it, took it to six different terday morning we learned that two Professor Bibas admitted that he pre- universities, and then ran away from it members of the Trump campaign—Mr. sented this draft paper at conferences— only after he heard how offensive his Manafort, his one-time campaign on June 8, 2009, a conference at the proposals were. chairman, and Mr. Gates, a close asso- University of Pennsylvania Law That is not my only concern about ciate of Manafort’s—were indicted on a School; on July 20, 2009, at George his nomination. We spent a lot of time dozen charges as part of Special Coun- Washington University Law School; on at the hearing talking about his ag- sel Mueller’s investigation, including

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.007 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6890 CONGRESSIONAL RECORD — SENATE October 31, 2017 money laundering, conspiracy to com- playing right into the partisan, two- where it goes. That is what our democ- mit fraud, and conspiracy against the sides instinct of Washington. But this racy is all about, and that is what lead- United States. goes beyond partisanship. It goes right ership is all about. The fact that the activity in question to the rule of law. REPUBLICAN TAX PLAN took place partially before the Trump The President has a tendency to call Mr. President, according to their campaign offered Mr. Manafort the role anyone who disagrees with him and timeline, House Republicans are set to of chairman in no way diminishes the anyone who has facts that he doesn’t release the details of their tax plan to- gravity of the situation. If anything, it like a liar, dishonest, and this, that, or morrow. We will see if they can do it suggests that the Trump campaign was the other thing. This has demeaned and and, if so, just how detailed it will be. negligent in hiring as its chairman a degraded our Presidency and even our What everyone in America should focus man who was an unregistered foreign country. There are places where it on is the question of who exactly the agent working for a pro-Russian proxy must stop, and it should stop at the Republican plan will benefit. Will it be party in Ukraine. That man is now al- rule of law. I say that to President the poor, the working class, or the mid- leged to have been laundering large Trump, who may never listen, but I say dle class, or will it be big corporations sums of money and concealing his iden- that to my Republican colleagues here and the richest 1 percent? tity as a foreign agent from the FBI in this Chamber. We live in a time of immense in- and the Department of Justice, includ- The Founders of the Republic put at equality, so much so that it strains the ing during his time during the Trump the center of our civic life no religion, bonds of affection that bind us together campaign. Imagine having such poor dogma, or sovereign, but rather the in this country. The wealthy have vetting and poor judgment to hire such rule of law. It is what separated the amassed astonishing wealth—and God a person as your campaign manager. American experiment from the heredi- bless them. We don’t begrudge them for We also learned that a Trump cam- tary monarchies of the era and out- their success, but working Americans paign adviser met with a Kremlin con- dated ideas like the divine rights of and middle-class Americans have tact to discuss ‘‘dirt’’ they possessed on Kings. slipped further and further behind. The Secretary Clinton and had several The rule of law holds in check our President is surely aware of this. He email exchanges with other Trump of- people, including our President. Donald rode into the White House by chan- ficials about his outreach to the Rus- Trump is President, not King. He can- neling the legitimate anger and anx- sians. This disclosure should put an not decree things to go away or say iety of working-class Americans who end to the idea that there was no com- that facts are not facts. He is as sub- have seen their wages diminished and munication or possible connection be- ject as anyone else to the rule of law. their jobs shipped overseas. tween the Trump campaign and Russia. That is what makes our democracy so Will President Trump and his Repub- It is not fake news, Mr. President. It grand. No one—no one—is below the lican Party, once in power, turn around is not fake news. There was a connec- rule of law’s protection, and no one is and rewrite the Tax Code to benefit the tion between the Trump campaign and above its reproach, including the Presi- wealthy few at the expense of the mid- Russia. Who was involved, how much, dent of the United States. It safeguards dle class? Will he do a 180-degree turn and what happened are yet to be deter- our democracy from the usurpations of from what he campaigned on and what mined, but there was a connection, demagogues and would-be dictators. It he talks about and pass a plan for the even though the President has denied is why this noble experiment—the hard right—those wealthy thousand that connection for months. American experiment—continues, and people who give so much money to the The President can assert whatever he Donald Trump is shaking the founda- Republican Party and think tanks? wants on Twitter, but the facts are the tion of that when he tries to get out Will he bow to them against everything facts. There were official members of from Special Counsel Mueller’s due he campaigned on and what he says? It the Trump campaign who were recep- process. sure seems so. tive to working with a hostile foreign What Special Counsel Mueller rep- On Wednesday, Republicans will like- power to obtain damaging information resents is the rule of law at work in ly propose to eliminate or substan- about their political opponent. These 21st century American democracy. In- tially reduce the State and local tax revelations should concern every Mem- tentionally and spuriously impugning deductibility, a bedrock middle-class ber of this body—Democrat, Repub- his integrity or smearing his efforts as deduction claimed by over one-third of lican, Independent, liberal, moderate, partisan is not only inaccurate, it is all taxpayers—not just the wealthy— and conservative. not only false, it is not only fake, but most of whom are in the middle class I understand the strength of the cen- it is damaging to a core ideal in our or the upper middle class. The proposal trifugal forces in our politics that warp country, the independent and impartial caused such angst in the House that it everything into a partisan battle be- rule of law that no man—even the almost brought down the budget reso- tween two sides. There are two sides to President of the United States, even lution. So Republicans have crafted a every argument, but no one is above Donald Trump, think what he may—is compromise that would allow tax- the law, no matter what side of the ar- above the rule of law. payers to claim State and local deduc- gument one is on. The rule of law and Special Counsel Mueller’s investiga- tions on property taxes but not sales American democracy are indisputable tion must be allowed to proceed and income tax. That compromise as our bedrock. We cannot abandon it unimpeded, and my friends on the would still cost taxpayers $900 billion. for political expediency. other side of the aisle must help dispel Taxpayers in high sales tax States, Special Counsel Mueller, who served the notion that his investigation is in like Tennessee, Florida, and Nevada, both Republican and Democratic ad- any way partisan. To their great cred- would get whacked, as would taxpayers ministrations—a lifetime public serv- it, many of my colleagues have done in high income tax States, like New ant and a man of unimpeachable integ- just that in the last 24 hours, and I sa- York, New Jersey, California, Min- rity—was appointed by President lute them. nesota, and Colorado. Go figure that Trump’s Deputy Attorney General. Mr. The American people must have faith high property tax States, like Texas, Mueller was a career prosecutor and is that when the very foundations of our Chairman BRADY’s State, would be bet- as straight of a shooter as they come. democracy are shaken by a hostile for- ter off under the proposal. He must be allowed to finish the work eign power, our independent judicial Picking winners and losers like this he started without any interference. If system built on the rule of law will not doesn’t solve the problem. The new he had nothing to fear, as he claims, be degraded by partisan politics. We State and local compromise is still a President Trump would encourage Spe- must loudly reject forces and actors nearly $1 trillion tax hike on the mid- cial Counsel Mueller to follow every that will try to make it so—on both dle class to pay for tax giveaways to lead and pledge his full cooperation. In- ends of Pennsylvania Avenue. Our lead- big corporations and the very wealthy. stead, President Trump is again trying ers—our Republican leaders in the I say to my Republican colleagues in to divert our attention by making spu- House and Senate—have an obligation the House, particularly to those from rious allegations and trying to knock to tell Donald Trump to lay off suburban and fairly affluent districts, down anyone or anything in his way, Mueller’s investigation. Let it proceed middle-class and upper middle class

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.008 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6891 districts, that they vote for this com- clear that you have to signal a level of There are guns everywhere you look promise at the same peril as they voted extremism on issues like firearms in in cities like Bridgeport, New Haven, for the bill that would totally elimi- order to get your name brought before Hartford, New York or Chicago. People nate State and local deductibility. The this body. That signal is wildly out of say: Why is that? Why are there all damage still remains, and don’t think a step with where the American public is these guns—many of them, if not most small compromise—a small haircut— on many of these issues. of them, illegal guns—if you have can let you escape from the political I have come to the floor over the strong gun laws in places like New whirlwind you would reap if you vote course of the last 4 years every few York, Illinois, and Connecticut? The for this bill. weeks in order to talk about the fact reason is that gun trafficking doesn’t The Republicans are also likely to that there is no other country in the recognize State boundaries, and the unveil tomorrow what they plan to do world where 80 to 90 people every single guns used to commit crimes in places with 401(k)s. We have heard reports day die from guns. The numbers are like Connecticut come from outside of that Republicans want to tax 401(k)s to just absolutely stunning. Some 2,800 Connecticut. get more revenue to pay for their tax people a month die from guns, and A comprehensive, groundbreaking giveaways to the rich. It is another 33,000 a year. The majority of those are survey of gun crimes in New York City clear example that this plan is not suicides, but there are record numbers found that 75 percent of the guns that going to be for the middle class. The of homicides and accidental shootings are used to commit crimes in New 401(k)s are one of the best tools we in this country. Americans by and York City come from outside of New have to encourage Americans to start large don’t accept this rate of slaugh- York State. They come from States saving early for retirement. We know ter. Americans want us to change our with looser gun laws, where you as a Americans aren’t doing enough of that laws, and they don’t want a judiciary criminal can easily buy a gun without right now, at the same time that de- that is going to stand in the way of having to prove you are a responsible fined benefit plans are enjoyed by Congress’s ability to follow the wishes gun owner. fewer Americans than in the past, as of our constituents. How do all these illegal guns get into companies reduce or eliminate pen- I have been coming down to the floor Bridgeport such that somebody can sions. Why make it even harder for to tell the story of the victims. My turn a corner and walk into a barber- Americans to prepare for their retire- hope is that, although the data hasn’t shop with a weapon in their hand? It is ment on their own by saving through moved this Congress—90 percent of because criminals with criminal 401(k)s? Why tax them so that you can Americans want stronger gun laws— records go into gun shows in States give tax cuts to the very rich? the data incontrovertibly shows that in that don’t require background checks We Democrats have a better deal to places that have universal background at those forums, buy up dozens of offer the American people on 401(k)s. checks or laws requiring you to get weapons, load them into their cars, and Rather than having Uncle Sam dip his local permits before you buy a gun, then drive up to States with tougher hands into American retirement plans, there are less gun crimes. gun laws and sell them on the black we Democrats believe Americans de- Maybe if the data doesn’t move my market. serve a helping hand when it comes to colleagues, the story of the victims Congress willingly allows this to hap- their retirement. In just a short time, will. Deon Rodney was shot on October pen because we have not moved our we will release our 401(k) plan. 14 of this year, just a few weeks ago. He mandatory system of background I yield the floor. was working at Just Right Cutz, where The PRESIDING OFFICER (Mr. checks to the places in which gun pur- he was a barber, in Bridgeport, CT. He chases are made today. Data is a little STRANGE). The Senator from Con- was the 22nd homicide victim in necticut. bit hard to pin down, but anywhere Bridgeport this year. from 25 to 40 percent of gun sales today GUN VIOLENCE He had just finished cutting a young Mr. MURPHY. Mr. President, last don’t involve a background check. You boy’s hair in a chair when a masked can understand why. Sales have mi- week, we voted on a judge who felt it gunman chased somebody else into the necessary to sign up for a lifetime grated to online. They have migrated barbershop. Police said Deon was pro- to gun shows. They have gone to places membership with a political organiza- tecting the young boy, shielding the tion in order to get his nomination for- where background checks aren’t re- young boy from this intruder who came quired. warded back before this body. running in. He jumped out of his chair The judge we voted on last week be- I mentioned what the data tells us to try to get in between the boy sitting when it comes to background checks. came a lifetime member of the NRA in in the barber’s chair and the gunman, between his appointment by President The data tells us background checks and the gunman shot him. save lives. Here is one slice of the data. Obama and, then, his appointment by The owner of the barber shop said: President Trump—a signal, apparently, In States that have universal back- Deon had just finished his haircut and the ground check laws, 47 percent fewer to the new Republican White House boy was getting ready to go outside when the that he would align with their inter- gunman came in. He saved everyone in the women get shot by an intimate partner ests and views on issues related to the barbershop. than States without universal back- regulation of firearms in this country. Deon was 31 years old. He left behind ground check laws. That is because, in We are going to see a parade of very his wife, his mother, plenty of other the heat of passion, domestic abusers interesting choices for the Federal ju- family members, and an 8-year-old often go to get a weapon and use it to diciary come through this body, and daughter. perpetuate a domestic violence crime. they are going to be moved in rapid Speaking about their daughter, You can’t do that if you have a domes- succession, as they are this week. I Deon’s wife said: tic violence history in a State with a have been told that never before have He loved her endlessly, unconditionally. universal background check law be- cause wherever you go, you are going we taken four votes on appellate nomi- His mother said: to be prohibited from buying that nees in a single week. Of course, that Deon is a part of me. He was my son, but stands in contrast with the Republican he was also my friend. weapon. Since November of 1998, more than Senate that refused to give even a His cousin said: hearing to one Supreme Court Justice 2.4 million gun sales to prohibited pur- I know that everyone is recognizing his over the entirety of 2016. I think it is chasers have been prevented because of heroism now, but he was always like this. 1 worth noting that this body can move Always a role model and always willing to background checks; 2 ⁄2 million people fast when it wants to, and yet we give. Always willing to go out of his way to who were criminals or who were ad- watched a Supreme Court seat be sto- help a stranger. Nothing has changed all dicts or who were seriously mentally len by this Senate from a Democratic these years. I guess I’m glad that the masses ill were stopped from buying guns be- President who, by constitutional right, can now see this. cause of our background check laws. had the ability to make that appoint- The owner of the barbershop went on Because we now have at least one-quar- ment. to say of Deon: ter of all sales happening without I bring up the lifetime membership in He’s dead because of these people running background checks, that means there the NRA because it is increasingly around with guns. are hundreds of thousands of criminals,

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.010 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6892 CONGRESSIONAL RECORD — SENATE October 31, 2017 hundreds of thousands of people with military-style weapons that you can They have hand-picked politicians who serious mental illness who are able to use to kill dozens of Americans. ISIS will enact laws that will make it easier buy guns. It is not surprising that 90 and al-Qaida are telling their potential for corporations to abuse their workers percent of Americans, 90 percent of gun recruits in the United States to go to or cheat their customers or make an owners, 90 percent of Democrats, and 90 gun shows so they don’t have to submit extra buck and make it harder for percent of Republicans support ex- themselves to a background check and agencies to hold them accountable for panded background checks. so there is no paper trail of the gun wrongdoing. They have executed a I would argue there is not another they are buying in order to kill Ameri- well-funded campaign to rig the rules issue out there in American politics cans. of the game so the powerful always today that enjoys 90 percent support Why wouldn’t we adjust our laws to come out on top and the people come amongst Republicans and Democrats. recognize that the new weapon of out on the bottom, and they know the Senator DURBIN corrected me the other choice of terrorists is not an airplane, courts are the place where they can day and said the latest survey states but it is today a tactical weapon shape the law for decades to come. that the number is actually 94 percent bought outside of the background Most Americans already know that support from Republicans and Demo- check system. I have a million more while we have one set of laws on the crats. The only slice of the American reasons why we should do what 90 per- books, we really have two different ju- electorate that you can get under 90 cent of the American people want, and dicial systems. One justice system is percent support of background checks someday maybe we will get there. for the rich and the powerful. In that is NRA members. NRA members sup- So 33,000 people a year, 2,800 a month, system, government officials fret about port universal background checks at a 93 a day—that is a rate of gun violence being too tough on white-collar crime 75-percent clip. Background checks that is not twice that of other industri- so wealthy individuals or giant cor- save lives, they are supported by the alized nations. It is not 5 times, it is porations that break the law walk vast majority of the American public, not 10 times, it is 20 times higher than away with a small fine and a pinkie promise not to do it again, and when and yet we can’t get it done. the rate of gun violence in other indus- those executives break that promise, This month, I, along with a couple trialized countries in this world. It is they get 2nd, 3rd, and 23rd chances. dozen cosponsors, introduced a new not because we have more people who Every time they get caught, the cycle version of legislation allowing for are mentally ill, and it is not because repeats. The corporation pays the fine, background checks to occur in every we spend less money on law enforce- says some magic words, and everyone commercial sale that is conducted in ment. It is, by and large, because we this country, with commonsense excep- goes right back to breaking the law. have a set of gun laws that allow for il- The second justice system is for ev- tions, making sure that when you are legal guns, dangerous weapons to flow eryone else. In that system, tough on gifting a firearm to a family member into the hands of very dangerous peo- crime is the name of the game. People or you are loaning a gun to a friend ple. are locked up long before they go to who wants to take it to go hunting, I hope my Republican colleagues will trial because they don’t have the you don’t have to conduct a back- take a look at the new background money for bail. Individuals who com- ground check under those cir- checks legislation I have introduced mit minor, nonviolent offenses are cumstances, but if it is a traditional with many of my colleagues, and we slapped with long prison sentences, and arm’s-length sale, then you have to go can finally get to a place that 90 per- even after they serve those sentences through a process, which normally cent of our constituents want us to be. and are released, they are branded with takes 10 minutes in order to prove you I yield the floor. a scarlet letter that creates barriers to are not a criminal. Again, this proposal The PRESIDING OFFICER. The Sen- employment, to housing, and to oppor- is supported by 90 percent of Ameri- ator from Massachusetts is recognized. tunity. That second justice system cans. It is time we recognize that it is Ms. WARREN. Mr. President, just even traps families, children, and el- directly connected to this epidemic of last week, the Republican-controlled derly parents whose families are blown gun violence that plagues the country. Congress rammed through a budget apart and whose communities are de- Let me close by making another ar- with the sole purpose of allowing Re- stroyed. gument to you. I know a lot of my Re- publicans to enact a tax plan that That second justice system has publican friends talk a lot on this floor would take money from working Amer- earned America the dubious title of and on the cable news shows about the icans and put it into the pockets of holding the world’s highest incarcer- threat of terrorism to this country. giant corporations and wealthy indi- ation rate. Despite having less than 5 When the terrorists decided to use viduals. The following week they killed percent of the world’s population, the planes as their weapon of choice to at- an important rule that would have United States holds more than 20 per- tack our country, we changed the way made it easier for Americans to hold cent of the world’s incarcerated popu- our law protects us from attacks by big banks and corporations account- lation. Russia, China, and North Korea airplanes. We made sure we screened able when they lie, cheat, and steal don’t even come close—not only in raw individuals before they got on these from working families. numbers but in the percentage of their planes to make sure they don’t have There have been countless stories of population behind bars. America’s weapons or bomb-making material that the Trump administration in dis- legal system is great at locking people could ultimately threaten the rest of array—juicy rumors of distrust and di- up but terrible at doing what it is sup- us. We now all take off our shoes every vision between and among congres- posed to do, dispensing equal justice time we get on an airplane because we sional Republicans and the White under law. recognized that we needed to change House, reports of Republicans’ inabil- Those words—‘‘Equal Justice Under our laws to understand that these ity to advance key parts of their agen- Law’’—are etched into the front of the planes were being used to attack Amer- da, but that is only half the story. The Supreme Court. If we truly believe ican citizens. other terrifying half is this. Since day those words, we need to start making These terrorist groups have recog- one of this administration, President some changes, and in recent years, we nized that it is now pretty hard to get Trump and congressional Republicans have seen some progress. Some State somebody with a weapon or an explo- have been working hard to make gov- and local governments have made real sive device on a plane so they are now ernment work better and better for the efforts to reduce crime and lower in- directing would-be attackers to a dif- rich and the powerful. While they have carceration rates. Massachusetts is one ferent forum. An issue of Rumiyah, fumbled on their legislative agenda, of the States leading the way with which is Isis’s propaganda magazine, they have been quietly working to help elected officials in both parties debat- encouraged recruits in the United powerful interests capture our courts. ing transformative changes to the judi- States to take advantage of our loose That shouldn’t come as a surprise. cial system aimed at replacing this gun laws. It specifically told people go For decades, those powerful interests tough-on-crime policy with smart-on- to gun shows where you will not have have poured eye-popping amounts of crime policies. The call for reform also to present identification or submit to cash into electing politicians who will extends to corporate crime. Public out- background checks in order to buy promote their interests in Washington. rage at corporate greed has created

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.012 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6893 pressure to hold the rich and the pow- NOMINATION OF STEPHANOS BIBAS towns linger in prison for minor erful a little more accountable, but This week, the Senate will also vote crimes. They know the legal system is President Trump is committed to re- on the nomination of Stephanos Bibas deeply unjust and badly broken. versing that trend. He is working hand to sit on the Third Circuit Court of Ap- It is up to us—to every Member of in hand with this Republican Congress peals. Mr. Bibas worked as a Federal this Chamber—to fix that broken sys- to ensure that the rich get to play by prosecutor in Manhattan. You would tem. Rejecting judicial nominees who their own set of rules while everyone think that there would be plenty of will make it worse is a really good first else gets crushed under the awesome work for a Federal prosecutor with step. It is not just the right thing to power of law enforcement. oversight of Wall Street and all of the do, it is what the American people sent This week will be a big step forward other corporate executives in New us here to do. for the two-part justice system as this York City. You would think that, but I yield the floor. Senate prepares to hand lifetime ap- you would be wrong. Mr. Bibas’s most I suggest the absence of a quorum. The PRESIDING OFFICER. The pointments to four judges whose ca- famous case involved prosecuting a 51- year-old woman who was accused of clerk will call the roll. reers make it clear that they have no The legislative clerk proceeded to interest at all in fixing our broken jus- stealing $7 from the cash register at her cafeteria job. That is right. While call the roll. tice system. Mr. LANKFORD. Mr. President, I ask going to work every day in the shadow Let’s take a look at their records. unanimous consent that the order for of Wall Street, Mr. Bibas decided that NOMINATION OF ALLISON EID the quorum call be rescinded. it was the best use of his time and Fed- Colorado Supreme Court Justice Alli- The PRESIDING OFFICER. Without eral Government resources to pursue a son Eid, who was nominated to serve objection, it is so ordered. $7 case. He eventually lost the case but on the Tenth Circuit Court of Appeals, Mr. LANKFORD. Mr. President, I not before the woman lost her job. has used her power as a State Supreme have the opportunity to speak to this Then there is Amy Coney Barrett, Court Justice to shield corporations body today about Amy Barrett. Her President Trump’s nominee for the from accountability. She has voted to nomination is currently pending to be Seventh Circuit Court of Appeals. She make it harder for individuals to bring a circuit court judge. There is a pretty has also taken a throw-the-book-at- class action lawsuits against huge cor- high standard for those individuals be- them approach to crime—at least to porations that break the law. Sound fa- cause they handle some incredibly dif- not-white-collar crime. She believes miliar? Ms. Eid would fit right in with ficult constitutional cases. What is that the Miranda doctrine, which pro- the Senate Republicans, who just voted good about this is that Amy Barrett tects criminal defendants from coer- to make it easier for big banks and fi- meets the high standard for those cive police tactics, is not required by nancial institutions to cheat people qualifications. the Constitution, and she has criticized and walk away scot-free. Professor Barrett received her B.A. efforts to reverse the damage that has in English literature magna cum laude Ms. Eid also voted to deny workers’ been done by the sentencing disparity compensation to an employee who was from Rhodes College and her J.D. between powder and crack cocaine—a summa cum laude from Notre Dame injured at work and knocked uncon- disparity that has been rightly criti- scious because—get this—he couldn’t University Law School, where she cized by Republicans, Democrats, reli- served as executive editor of the Notre remember the details of what hap- gious leaders, and civic leaders across pened. So Ms. Eid said that meant that Dame Law Review. this country as rooted in our long his- She currently serves as a research there was going to be no liability tory of racial disparities in law en- professor of law at Notre Dame Univer- there. forcement. sity Law School. Professor Barrett This kind of blocking and tackling We have two justice systems in teaches and researches in the areas of for powerful companies that hurt con- America—one for the rich and powerful Federal courts, constitutional law, and sumers and workers should be embar- and one for everyone else. Part of the statutory interpretation, publishing rassing. With this President and this way we fix that problem is by making scholarship in leading legal journals, White House, though, it buys a lifetime sure that we put judges on the Federal such as the Columbia, Virginia, and appointment to the Federal bench in bench who are fair, impartial, and com- Texas Law Reviews. Those aren’t easy order to shield corporations from the mitted to dispensing equal justice areas to be able to publish in or an law on an even bigger stage. under the law. Fair and impartial easy professorship to be able to land. NOMINATION OF JOAN LARSEN judges are supposed to stand up for jus- Before joining Notre Dame, Professor Ms. Eid is not the only nominee up tice when prosecutors try to ruin some- Barrett clerked for Justice Scalia of for consideration who would leave one’s life over allegedly grabbing seven the Supreme Court of the United working Americans out in the cold. bucks from the cash register. They are States and for Judge Silberman of the Michigan Supreme Court Justice Joan supposed to stand up for justice when U.S. Court of Appeals for the DC Cir- Larsen, who has been nominated to consumers and workers seek a day in cuit. Following her clerkships, she was serve on the Sixth Circuit Court of Ap- court against giant companies that an associate, where she litigated con- peals, voted again and again to block have injured them. But the judges be- stitutional, criminal, and commercial injured plaintiffs from having their fore the Senate this week do not stand cases both in trial and appellate cases heard. Giant companies and mil- up for justice; instead, they stand up courts. Professor Barrett also served as lionaires liked her so much that they for the powerful against the people who a visiting associate professor at George spent over half a million dollars to get desperately need someone who will be Washington University Law School. her elected to the Michigan Supreme fair even to those who do not have She seems to be eminently qualified. Court. And why wouldn’t they? Now money. These nominees are right at Then what seems to be the issue? Inter- she is going to be elevated to a lifetime home in Washington’s rigged system. estingly enough, she faced a very odd appointment on the Federal bench, and They are judges who will continue to set of questions during her confirma- that is a pretty good return on their in- apply one set of rules to the rich and tion process—questions not about her vestment. powerful and an entirely different set legal scholarship, not about her quali- Yes, these judicial nominees have of rules to everyone else. fications, but, oddly enough, about her bent over backward to help the It is no wonder that Americans are so Catholic faith. It wasn’t about her tem- wealthy and the well-connected escape angry with Washington. They have had perament. It wasn’t about her fairness. accountability, but that is only half of it up to their eyeballs with bought-and- It wasn’t about scholarship. It was the story. Trump nominees have a very paid-for politicians who spend more whether her Catholic faith would get in different view of what justice means time catering to their wealthy bene- the way of her being a good judge. for individuals who lack the money or factors than promoting the interests of Quite frankly, it wasn’t about whether the resources to pay high-powered legal constituents who are back home. They she had chosen a faith; it was the prob- teams or to pay political campaigns to are tired of giant corporations getting lem that she actually seemed to live influence judge decisions and judge se- a slap on the wrist for massive wrong- her faith that became a big challenge lection. doing while people from their home- during the questioning time period.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.013 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6894 CONGRESSIONAL RECORD — SENATE October 31, 2017 It is odd for us as Americans because that they believe in things like do not is the whole nation that will be the loser, in this seems to be an issue we resolved murder, do not steal, do not covet, the eyes of Catholics and non-Catholics 200-plus years ago. We resolved it in ar- honor your father and mother, or even around the world, in the eyes of history, and ticle VI of the Constitution, which says things as radical as, in whatever you in the eyes of our own people. that there is no religious test for any do, do unto others as you would have This should be a settled issue for us, officer of the United States. There is them do unto you. not a divisive one. We are a diverse na- no requirement to be of a certain faith It doesn’t seem that radical of a be- tion—diverse in backgrounds, perspec- or, if you are of a certain faith, to take lief that we would have to challenge tives, attitudes, and yes, diverse in that faith off if you are going to serve and wonder whether one was able to be faith. I look forward to supporting Pro- in the United States. We have in our a judge if they believe in those things. fessor Barrett in this position, and I Constitution a protection not of free- We dare to believe in something be- look forward to seeing her decisions as dom of worship, which I hear some peo- yond us, as do millions of other Ameri- they come out of that court, consistent ple say—they are free to worship as cans. with the law—as she is well trained to they choose—that is not our constitu- I really thought that our Nation was be able to do—and consistent with our tional protection. Our constitutional past this, that our Nation that speaks convictions as Americans. protection is the free exercise of your so much of diversity and of being open With that, I yield the floor. religion—not just that you can have a to other ideas is somehow closing to The PRESIDING OFFICER. The Sen- faith, but you can both have a faith people of faith. People who say they ator from Virginia. and live your faith according to your want to demand that everyone be in- AUTHORIZATION FOR USE OF MILITARY FORCE own principles. That is consistent with cluded are afraid of people who have Mr. KAINE. Mr. President, I rise to who we are as Americans, that we faith and live their faith. Why would speak on a topic I have often spoken allow any individual to have a faith that be? If we are going to be an open about on the floor. and to live their faith both in their pri- society, is it not open as well to people We have been at continuous war vate and public life or to have no faith of faith to not only have a faith but to since September 14, 2001, when Con- at all if they choose to have no faith at live their faith? gress passed an Authorization for Use all. That is a decision for each Amer- We hit a moment like this in the of Military Force to go after the per- ican. 1960s, and I thought we had moved past petrators of the 9/11 attacks. That was But we don’t ask individuals—as has it. There was a Senator at that time 16 years, 1 month, and 18 days ago as of been asked of this individual—whether who was running to be President of the today. faith will be the big issue and whether United States. We know him as John The war in Afghanistan is the longest faith becomes a question in whether Kennedy. armed conflict in America’s history, they are capable to serve other fellow Senator Kennedy was speaking to a and it shows no signs of abating, even Americans. group of ministers in Houston, TX, in 6 years after the death of Osama bin What is so dangerous, quite frankly, the 1960s, and he had to stand before Laden. The conflict has been going on about her Catholic faith and her Chris- them and explain his Catholic faith be- for so long that many are somewhat tian beliefs as far as her being a judge? cause, quite frankly, there was this immune to it. I heard a high schooler Are people afraid that she will actually buzz: Could someone be a Catholic and recently say: War is all I have ever live out what the Book of Proverbs be President? What would that mean? known. It is the status quo. It is the says—to speak up for those who cannot Would you have difficulties with that? background music to daily life. speak for themselves, speak for the The questions that were asked of Yet only 0.4 percent of the population rights of all who are destitute, speak Professor Barrett were strikingly simi- of the United States serves in the mili- up and judge fairly, defend the rights of lar to the questions that were asked of tary. That is down from 1.8 percent in the poor and the needy? Is that what Senator Kennedy when he was running 1968 and 8.7 percent in 1945, so it is in- everyone is afraid of, that she will ac- to be President of the United States. creasingly unlikely that many of us tually live out that Biblical principle? Here is how Senator Kennedy re- even know those who are deployed and I am a little confused why comments, sponded: fighting in this ever-expanding global such as ‘‘The dogma lives loudly within For while this year it may be a Catholic conflict. you,’’ were said during her questioning against whom the finger of suspicion is Sadly, last week, for tragic reasons, in the committee, and there were other pointed, in other years it has been, and may these issues were brought to the fore- questions to challenge her Catholic some day be again, a Jew—or a Quaker or a front with the death of four brave faith. Faith is a choice that each indi- Unitarian or a Baptist. It was Virginia’s har- American servicemembers in Niger: vidual has, and it is an extremely per- assment of Baptist preachers, for example, Army SGT La David Johnson, SGT sonal but also extremely important that helped lead to Jefferson’s statute of re- Bryan Black, SGT Jeremiah Johnson, ligious freedom. Today I may be the victim, choice. and SGT Dustin Wright. Some individuals in America—myself but tomorrow it may be you—until the whole fabric of our harmonious society is Two of those killed—the two Ser- included—choose to look past the mun- ripped at a time of great national peril. . . . geants Johnson—were part of a 12-man dane, day-to-day events and to think And in fact, this is the kind of America for patrol whose mission is not clear. We there is someone and something higher which our forefathers died, when they fled know that their trained military occu- than us. We don’t just look at the cre- here to escape religious test oaths that de- pational specialties—vehicle mechanic ation around us; we wonder about the nied office to members of less favored and chemical-biological specialist— Creator who made it. We don’t just churches; when they fought for the Constitu- were outside traditional combat roles. wonder about cosmic dust smashing tion, the Bill of Rights, and the Virginia In a June war powers letter, the De- into each other; we ask a logical ques- Statute of Religious Freedom; and when partment of Defense described the mis- they fought at the shrine I visited today, the tion: If cosmic dust were to smash into Alamo. sion of over 645 military personnel in each other in space and create all there Niger as ‘‘advise and assist,’’ but none is, who made space and who made the JFK had visited the Alamo that day. of the varying accounts of what took cosmic dust that smashed into each For side by side with Bowie and Crockett place in early October seem to support other, and how did that happen? Faith died McCafferty and Bailey and Carey. But that seemingly benign summary of no one knows whether they were Catholic or drives us to ask harder questions and not, for there was no religious test at the what occurred. to look a little longer at things that Alamo. Frustration over this lack of under- other people just see as plain in front standing of that mission and the events Then he made this closing statement: of them. We ask what is behind it. A that transpired were shared by every- lot of Americans do. It is not irra- If I should lose on the real issues [of the one from Secretary Mattis to all the Presidential race], I shall return to my seat Members here. I can’t imagine what tional; it is a part of who we are and a in the Senate, satisfied that I had tried my part of how we are made. best and was fairly judged. But if this elec- the servicemembers on duty and their It is a challenge to us as Americans tion is decided on the basis that 40 million families must be feeling. We see the to be able to challenge an individual Americans lost their chance of being presi- strain that an ever-expanding oper- and to say: That person is so radical dent on the day they were baptized, then it ational commitment is having on our

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.015 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6895 military, from our servicemembers re- of course, we are not playing ‘‘Mother fied to Congress, pursuant to war pow- lying upon foreign countries or con- May I’’ on this question. It is ers letters, but we are planning to en- tractors to provide critical air support Congress’s role, pursuant to article I, gage in casualty evacuation in connec- where servicemen are stranded on the to declare war. tion with high-risk activities in all of battlefield for over a day, to our war- I disagree with the legal analyses of- these countries in Africa. ships, for which schedules have been so fered by all three administrations. I I would like to have a process that strained that their crews are unable to was tough on President Obama about informs Congress—and informs the safely navigate international waters. this, as well, that the 60-word author- public—that is equal in transparency Being a Senator from Virginia, a ization from 2001 covers military ac- to what we put in contracting docu- State with one of the largest military tion all over the globe. But there is ments to inform military contractors. presences that is home to tens of thou- some legal dispute about the question, So Senator FLAKE and I have intro- sands of servicemembers and their fam- still. duced an authorization for military ilies, I have a personal responsibility to Beyond the legal question, there are force intended to keep the Congress ensure that these strains don’t lead to also questions of moral authority, po- and the American people not only in- any more tragic mistakes. litical authority, and the abdication of formed of our military operations but The attack in Niger has also laid responsibility in this body. Seventy- also engaged in carrying out our con- bare other issues: how little informa- five percent of the Members of Con- stitutional duty. The intent is to rec- tion is provided to Congress about U.S. gress today were not even here when ognize the fluid environment in which troops deployed abroad equipped for the 2001 authorization was passed and, our military must operate to imple- combat; how little Congress exercises thus, have never had to cast a vote on ment the counterterrorism campaign. the authority and oversight of these it, even as our men and women risk Terrorist organizations don’t nec- issues and demands information to de- their lives and, in some instances, are essarily operate in just one country. bate before the public; and the possible killed in action. They don’t follow Geneva Conventions. ‘‘mission creep’’ and growth of military Simply put, the 2001 AUMF has be- It is a different kind of military action, forces in Africa—an increase by a fac- come a golden ticket that justifies U.S. but the requirement for congressional tor of 17 over the past decade—in which military action against terrorist approval is no less important. We need hundreds of missions are being run groups all over the globe without the to make our legal authorities, which daily in over 20 countries where there need for additional congressional ap- are now dated, current and appro- is no specific authorization for use of proval. I am not surprised the Execu- priately scoped. military force provided by Congress. tive wants to keep it that way. Who I applaud my Foreign Relations The Niger operation really identified a wouldn’t prefer such flexibility? But we chair, Senator CORKER, who, after the gray area between advising and assist- have a job to do. hearing yesterday, said that we would ing in combat operations, which keeps Here is what we need to do. This is move to a markup and clearly, I sus- some deployments just beyond the trip- what I think needs to happen. We need pect, an amendment of the proposal wire of requiring congressional notifi- to end the legal gymnastics with the Senator FLAKE and I have put on the cation. 2001 AUMF—a 60-word authorization table. We have done a lot of work on it. SASC held a briefing last week with against the perpetrators of 9/11. Apply- A war authorization should be bipar- the Department of Defense to try to ing that now to the fight against ISIL, tisan. If anything in this body should understand the scope of the Niger mis- Boko Haram, and others is a stretch. be bipartisan, I think a war authoriza- sion, the reason for the escalation of The AUMF outlines the focus of mili- tion should be. We don’t pretend that our footprint, and why this surprising tary action as follows: ‘‘Nations, orga- we have thought of everything; we attack left our troops without support nizations, or persons [the President] don’t pretend that the bill cannot be for so long. determines planned, authorized, com- improved. But beyond the immediate tactical mitted, or aided the terrorist attacks In conclusion, I want to make a few answers, we need a strategic and funda- that occurred on September 11, 2001, or comments. This week, the New York mental understanding of how and harbored such organizations or per- Times reported that President Trump where this country engages in military sons.’’ has approved—without providing Mem- operations and if the war on terror has There were 19 hijackers for the 9/11 bers of Congress any information on become the ‘‘forever war’’ with ever- attacks, and we have now used the 2001 why these changes are necessary— changing objectives and no end in AUMF in 37 instances to send forces changes giving the Department of De- sight, absolving the need for Congress prepared for combat and engaged in fense and the CIA more latitude in pur- to weigh in and speak. combat to 14 nations, including Libya, suing ‘‘counterterrorism drone strikes Yesterday, in Foreign Relations, we Turkey, Georgia, Syria, Iraq, Afghani- and commando raids’’ against Islamic held a much overdue hearing on legal stan, Yemen, Eritrea, Ethiopia, terrorist groups scattered across the authorization for military force. We Djibouti, Somalia, Kenya, the Phil- world, all while using the 2001 AUMF heard solid testimony and straight- ippines, and Cuba. as its legal justification. This expan- forward answers by Secretaries of Were all of these instances and na- sion of war will only continue to mag- State Tillerson and Mattis. I am en- tions and places really associated with nify and mutate and will do so without couraged that we had the hearing, and planning or support of the attacks of 9/ public scrutiny, unless and until Con- I am encouraged that our chair, at the 11? These legal interpretations are in gress steps up to provide the oversight end of the hearing, expressed the desire addition to now countless ‘‘train and and legal authority we are required to to move forward to finally, after 16- advise’’ missions around the world, to do. plus years, engage in a debate and a include those that took the lives of the I have come to the floor of the Sen- congressional vote on war authoriza- four servicemembers in Niger. ate since I came here in 2013 to speak tion. This was not an unforeseen combat about war powers, to speak about a I was disappointed that the two Sec- environment. I found this interesting. need to revise the War Powers Resolu- retaries, who were being candid, took In April of 2014, the U.S. Government— tion of 1974, to critique and challenge the position that the Trump adminis- the Department of the Navy—solicited President Obama around the Libya tration needs no more legal authority contractual bids for ‘‘Personnel Recov- mission, which had no vote from Con- to do what they are doing. But I have ery, Casualty Evacuation, and Search gress, and to critique President to acknowledge the position they take and Rescue,’’ aviation support in ‘‘at Obama—who is a personal friend—over is actually the position that the Obama risk’’ environments in the following 14 the offensive campaign against ISIL administration took, and it is exactly countries: Algeria, Burkina Faso, without requiring a congressional vote. the position that the Bush administra- Chad, Libya, Mali, Morocco, Niger, Ni- Since I was clear and repetitive in my tion took, so I was not completely sur- geria, Cameroon, Cote D’Ivoire, Ghana, critiques of President Obama for using prised. In fact, we shouldn’t be sur- Benin, Togo, Tunisia and as directed by war powers without Congress being in- prised when the administration says: operational requirements. Only 5 of volved, I am going to do the same with We don’t need any more authority. But those 14 countries have ever been noti- respect to President Trump.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.018 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6896 CONGRESSIONAL RECORD — SENATE October 31, 2017 At the end of the day, my critique is ing to cast a vote because this would be All of these reforms mean more more about this body. An Executive a politically difficult vote: I would money in Americans’ pockets. But we will overreach. An Executive will act, rather not vote; I would rather make are not stopping there. We are also but that does not excuse inaction in the President do it and blame the going to focus on reforming the busi- this body. President if it works out badly. A po- ness side of the Tax Code so that we I do worry about a progressive loos- litical calculation has caused Congress can give Americans access to the kind ening of the rules from the Bush ad- to abdicate a responsibility while oth- of jobs, wages, and opportunities that ministration to the Obama administra- ers are shouldering the burdens of re- will set them up for a secure future. tion to the Trump administration, sponsibility—and even losing their In order for individual Americans to which eventually has turned the 2001 lives in the process. thrive economically, we need American AUMF into a golden ticket that allows Finally, Senator Jacob Javits wrote businesses to thrive. Thriving busi- for action against nonstate terrorist a book in 1973 entitled ‘‘Who Makes nesses create jobs. They provide oppor- groups anywhere in the world on a War’’ after Congress passed the War tunities. They increase wages and in- Presidential say-so. Powers Resolution during the Vietnam vest in their workers, and they invest We shouldn’t take our institutions war. He offered a very prescient com- in new equipment, facilities, and prod- and, frankly, the fairly radical rebal- mentary. I will close here: uct lines to innovate and expand their ancing of powers in the Constitution Many advocates of presidential prerogative businesses. for granted. When Madison and the in the field of war and foreign policy seem to Right now, though, our Tax Code is other drafters put the declaration of be arguing that the President’s powers as not helping businesses thrive. Instead, war authority in the hands of Congress, Commander in Chief are what the President it is strangling both large and small they knew they were doing something alone defines them to be. The implication businesses with high tax rates. pretty radical. They knew the world of that the Presidency is beyond the range of Our Nation has the highest corporate the day—1787, 230 years ago last congressional authority to check in the exer- tax rate in the industrialized world—at cise of the war powers raises a serious con- month—was a world of Kings, Emper- stitutional danger. If we accept such a view least 10 percentage points higher than ors, Monarchs, Sultans, and Popes. War we accept a situation in which the American the majority of our international com- was primarily for the Executive, but people are dependent solely on the benign in- petitors. That is a problem for Amer- they decided they wanted to do some- tent and good judgment of the incumbent ican workers because high tax rates thing different. Ten years after the President. We may not always be fortunate leave businesses with less money to in- Constitution was done, Thomas Jeffer- enough to see a person with such qualities in vest in their workers, to increase son, as President, was grappling with a the White House. wages, or to create new jobs. This situ- nonstate terrorist group in Northern With that, I yield the floor. ation is compounded when you are an Africa—the Barbary Coast pirates—and I suggest the absence of a quorum. American business with international what could be done about them? He The PRESIDING OFFICER (Mr. competitors that are paying a lot less wrote a letter to James Madison and CRUZ). The clerk will call the roll. in taxes than you are. asked what was behind the war-making The bill clerk proceeded to call the It is no surprise that U.S. businesses powers in the Constitution’s article I. roll. struggling to stay competitive in the Madison described it very well. He said: Mr. THUNE. Mr. President, I ask global economy don’t have a lot of re- Our constitution supposes what the unanimous consent that the order for sources to devote to creating new jobs history of all governments dem- the quorum call be rescinded. and increasing wages. A study from the onstrates, that it is the Executive most The PRESIDING OFFICER. Without White House Council of Economic Ad- interested in war and, thus, most prone objection, it is so ordered. visers estimates that reducing the cor- to war. For this reason, we, with stud- Mr. THUNE. I ask unanimous con- porate tax rate from 35 percent down to ied care, granted the question of war in sent that I be able to speak until such 20 percent would increase average the legislature. time as my remarks are concluded. household income by $4,000 annually. They were trying to change human The PRESIDING OFFICER. Without A second study shows a similar pay history. They were trying to say that objection, it is so ordered. increase. Boston University professor we shouldn’t be at war unless there was TAX REFORM and public finance expert Larry a legislative, collective judgment—not Mr. THUNE. Mr. President, the Kotlikoff found that lowering the cor- 116 years ago by 25 percent of the peo- House and the Senate are moving for- porate tax rate to 20 percent would in- ple who were there then, but a legisla- ward on a final draft of our tax reform crease household income by $3,500 per tive, collective judgment expressed in bill, and I am excited about the year on average. That is a significant an authorization that we should be in progress we are making. We have one pay raise for hard-working Americans. war. We are lacking that now. goal in mind with tax reform. It is to In addition to lowering the corporate It is not hard to imagine a future provide real relief to ordinary Ameri- tax rate, there is another important President, whether it is President cans—to the parents who are ques- thing we can do to increase the avail- Trump in the remainder of his term or tioning whether they can afford the car ability of jobs here at home; that is, re- Presidents in the future, using the ex- they need to fit their growing family, forming our outdated, worldwide tax panding war authorities to increas- to the single mom who is wondering system. Under our worldwide tax sys- ingly justify initiating war without the how she is going to pay the bills this tem, American companies pay U.S. permission of Congress. month, and to the middle-age couple taxes on the profit they make here at We asked President Trump for the worrying about a secure retirement. home, as well as on part of the profit legal authority justifying the Syrian Everything in our tax reform frame- they make abroad, once they bring missile strike on Syria that he made in work is centered on providing relief to that money home to the United States. March, and they have not yet provided these Americans. The problem with this is that most an answer about their legal authority. To start with, we are going to pro- other major world economies have What Congress has done is basically vide them with a substantial amount of shifted from a worldwide tax system to told Presidents: You can do whatever direct relief by lowering their tax rates what is called a territorial tax system. you want. That has a way of creeping and doubling the standard deduction so In a territorial tax system, you pay and growing, and I think it already that they are keeping more of their taxes on the money you earn where you has. I think the American people de- paycheck every month. make it and only there. You aren’t serve better, but, especially, our troops We are also going to significantly ex- taxed again when you bring money deserve better. pand the child tax credit. back to your home country. I have said it before; I will say it And we are going to simplify and Most American companies’ foreign again. I can’t think of anything more streamline the Tax Code so that it is competitors have been operating under publicly immoral—public, civic immo- easier for Americans to figure out what a territorial tax system for years. So rality—than ordering troops to risk benefits they qualify for and so they they are paying a lot less in taxes on their lives and be killed, as the four don’t have to spend a lot of time and the money they make abroad than were in Niger, while Congress is unwill- money filing their taxes. American companies are, and that

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.019 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6897 leaves American companies at a dis- fact, Democrats have insisted on delay- I don’t need to tell anybody that that advantage. ing the process of almost every single is contrary to everything our Founders These foreign companies can under- nomination to a district or circuit stood for. The right to be able to prac- bid American companies for new busi- court. That is pretty much the defini- tice religion freely—yes, in public, ness simply because they don’t have to tion of partisanship—when you ob- too—was so fundamental to the Found- add as much in taxes into the price of struct nominees based not on any dis- ers’ understanding of liberty that they their products or services. When for- agreement you have with them but made it the very first freedom men- eign companies beat out American simply because you don’t like the per- tioned in the Bill of Rights. companies for new business, it is not son who is doing the nominating. People of faith have made incalcu- just American companies that suffer. It Democrats’ delays are ultimately lable contributions to our country, and is American workers. It is the Amer- pretty pointless. We are not going to faith has driven some of the greatest ican workers employed by these com- stop confirming nominees just because movements in American history, from panies who live and work in literally Democrats are dragging out the proc- the abolitionist movement to the civil every State in the Union, and it is the ess, but these delays are a disservice to rights movement. American workers who work for the the American people. There are a lot of I hope the Democratic Party doesn’t small and medium-sized companies important issues that the Senate needs move further down the path of exclud- that form the supply chain here in the to be debating, from spending bills to ing religious people from public life. If United States. tax reform, and the time that we waste they ever succeed in excluding people For every American company that on pointless partisan exercises is time of faith from government, they will operates in countries around the world, taken from those important issues. have destroyed one of the freedoms on While Democrats’ partisanship is there are countless companies here at which our country rests. frustrating, there is a much more seri- home that supply the raw material for I yield the floor. ous issue that has come up during the products that are sold abroad— The PRESIDING OFFICER. The Sen- businesses that handle the packaging these judicial confirmations; that is, the anti-religious sentiment displayed ator from Alaska. and shipping of those product and en- Mr. SULLIVAN. Mr. President, I ask terprises that supply support services by some of my colleagues on the other side of the aisle during the hearing on unanimous consent for an appropriate like accounting, legal, and payroll amount of time to finish my remarks. services. judicial nominee Amy Barrett’s nomi- nation, which we will be voting on this The PRESIDING OFFICER. Without America’s global companies rely on a objection, it is so ordered. web of supporting businesses that week. TRIBUTE TO CHRIS APASSINGOK spans the country, and when these Ms. Barrett’s qualifications are well global companies struggle, so do these known. The American Bar Association, Mr. SULLIVAN. Mr. President, one supporting businesses and their work- which rates judicial nominees, has of the privileges of being in the Senate ers. given her its highest rating of ‘‘well is actually being able to preside, as the By transitioning from a worldwide qualified.’’ Presiding Officer is doing right now—to As my colleague the minority leader tax system to a territorial tax system, sit at the Chair and listen and watch has said, the American Bar Associa- we will not be just boosting wages, my colleagues talk about issues that tion’s evaluation is the ‘‘gold standard jobs, and opportunities for American matter to them, and a lot of times by which judicial candidates are workers employed by these global com- issues that matter to their States. In judged.’’ this amazing country of ours we have panies, but we will also be increasing Despite her judicial qualifications, it wages, jobs, and opportunities for so many great States, great stories, became clear in the hearing on her and great traditions. When I am pre- workers at the countless small and me- nomination that some of my colleagues dium-sized businesses throughout our siding, some relate to Texas, where the think she should be disqualified be- current Presiding Officer is from, cele- country that make up the supply chain cause she is a practicing Catholic. That for America’s global companies. brating our unique traditions, while is right. Apparently, practicing your still appreciating that at our best we Finally, our tax plan will tackle the religion is now grounds for declaring other key part of improving the play- share values as Americans together— you unfit to be a judge. opportunity, liberty, justice, and fair- ing field for American workers; that is, Here is what the Constitution has to ness. It really is one of the things that lowering the tax rates on small busi- say about that. This is from article VI: makes the Senate a great body and nesses. ‘‘No religious Test shall ever be re- what makes us strong as a nation. Small businesses are incredibly im- quired as a Qualification to any Office portant for new job creation, but like or public Trust under the United One of the things I like to do is to big companies, right now small busi- States.’’ come to the Senate floor and talk nesses are being strangled by high tax Let me repeat that: ‘‘No religious about some of the traditions in my rates. That can make it difficult for Test shall ever be required as a Quali- State—some of the things that I think small businesses to even survive, much fication to any Office or public Trust make Alaska the greatest State in the less thrive and expand their operations. under the United States.’’ Nation. I know some of my colleagues Lowering small business tax rates and In other words, in the United States, will not fully agree with that, but we making it easier for small businesses you can’t be disqualified from serving all get to brag about our State. When I to recover their invested capital more as a judge because you are a believing do that, I like to talk about an indi- quickly will free up the money that Catholic or a believing member of any vidual whom we recognize as the Alas- small business owners need to expand faith. The only qualification the Con- kan of the Week. Often, it is somebody their businesses to add workers or to stitution imposes is a commitment to who is doing something in a remote give employees a raise. uphold the Constitution. part of Alaska whom not a lot of people Together, these aspects of tax reform Yet the second-ranking Democrat in know about. It is very important to are essential to reversing the lack- the Senate apparently thought it was share that with my colleagues in the luster economy of the last 8 years. appropriate to ask Ms. Barrett if she Senate and other colleagues watching Americans deserve better, and tax re- was a practicing member of her reli- on TV. form can be the key to putting this gion, with the implication that if she Today, I would like to recognize a country back on the path to solid, sus- was, it might jeopardize her fitness for young Alaskan from Gambell, AK, tainable economic growth. being a judge. named Chris Apassingok, a young Mr. President, before I close today, I Democrats’ questioning is not going whaler who is helping to keep the tra- wish to switch gears for a minute and to stop Ms. Barrett’s nomination, but dition that we have in Alaska—Native talk about judicial nominations. We it is simply disturbing, nonetheless. It whaling—alive and well. He is our Alas- have had the chance to confirm some is a scary thing when leaders of a kan of the Week. excellent nominees so far this year, major political party imply that there This year, Chris was a keynote many of whom Democrats have ulti- is no role for religious people in public speaker at the Elders and Youth Con- mately supported. But despite this life. ference, which is a precursor to the

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AFN, as we call it in Alas- time for celebration in the community, issue of economic growth. ka, is certainly a highlight of my year. and this time was no different, but We would think this should not be a My wife and I and our kids always try shortly after this, things unfortunately partisan issue, but one of the things I to get there. went sour for Chris and the commu- am struck by, in my little under 3 Let me spend a few minutes talking nity. years in the Senate, is how little we about why Chris’s speech about whal- A radical special interest activist, have talked about economic growth. ing was so important and what hap- with a large online following, read the I have tried to come down to the Sen- pened after he landed a huge bowhead story about Chris and the whale and he ate floor and speak about this issue a whale in Alaska and why that was so began to attack Chris and so did many lot. In my view, with the exception of inspiring for so many in my great of his followers, from all across the national defense, this is the most im- State and, really, around the country. globe—hundreds of people, most of portant issue Congress can be focused Gamble, AK, is where Chris comes them adults, cyber bullying and at- on right here, this issue of growth. How from, a Yupik village of about 700 peo- tacking a 16-year-old boy from is the U.S. economy doing? Is it ple on St. Lawrence Island, on the Gambell, AK, who had, at that point, strong? Is it weak? Are we healthy or northwest edge of Alaska. It is 1 of 11 only left his village once in his life. are we sick? By any measure over the Alaska communities that participate They were shameful, no respect, no last 10 years, we are sick. in two whaling seasons, recognized and civility, and I mean vicious attacks. I I bring this chart to the floor a lot to authorized by the International Whal- will not repeat them here. It is enough talk about what has gone on in the last ing Commission. These are subsistence to say they were greatly upset. In the several decades in terms of economic communities. What does that mean? community, Chris, his family, and his growth. This has the growth rates of They are subsistence communities be- mother cried all night. Chris was angry every administration dating back to cause whale meat is actually a neces- that he and his family were being at- President Eisenhower. If you look at sity in feeding these communities. tacked for partaking in this necessary the numbers, this red line is the impor- I should point out that we have no tradition that his community and his tant line. This is 3 percent GDP road systems at all in Northern Alas- ancestors have been doing for thou- growth. It is not great. It is not bad. ka. Most of Alaska has no roads con- sands of years—thousands of years. Since the founding of the Republic, the nected from community to community, However, this young man, despite the average since World War II is closer to and certainly not in Gambell. The Pre- hateful messages from adults, from 4 percent, but 3 percent is OK. It is cer- siding Officer and I have had the oppor- adults who live a world away, despite tainly what we should be focused on in tunity to travel around Alaska. He has the names they were calling him, terms of hitting. seen our great State. He knows that Chris, now 17, cut through the noise, If we look at this chart, in certain many communities are only accessible stood strong, and gave a great speech years, Eisenhower, Kennedy—by the by air or seasonal barge. Some areas at AFN, that he will continue to hunt way very bipartisan—we have had very can only be reached at certain times of and feed his family and his community strong growth. When people talk about the year because of the weather. These the way his ancestors have done for what makes America great, this is communities need food. They need millennia. what makes America great: strong eco- whales. At his speech last week at AFN, he nomic growth. This is what has driven The annual bowhead whale migration asked: ‘‘Will you stand with me as I our country for decades. provides the largest subsistence re- continue my hunting [traditions of my We see some of the numbers, Ken- source available in these remote areas family]?’’ The crowd applauded, all of nedy, Johnson, 5, 6, 7 percent; Reagan, of our great State. Even so, when a whom rose when he asked this: ‘‘Will Clinton, 5, 6, 7 percent. Then we look at whale is taken, the sharing does not you stand with me’’ as we continue our the last decade—boom, a giant dropoff. stop with the residents of the commu- subsistence activities that we have un- We haven’t hit 3 percent GDP growth nity. Each whale produces between 6 dertaken for thousands of years? in well over 10 years—well over 10 and 25 tons of food, on average. This I hope everyone across the country years. As a matter of fact, President meat is shared with other subsistence stands with this extraordinary young Obama was the first President ever to communities in our State and with man—truly brave and courageous—as not hit it. family members and elders throughout he continues his tradition and his right What happened? Did anyone talk the State. That is a hugely important to hunt and feed his community. about it? Did the last administration part of Alaskan Native culture. This is This afternoon, I will be holding a talk about it? They never talked about another example of the resourcefulness hearing in the Commerce Committee it. As a matter of fact, what they did is of the Alaskan Native peoples, which about whaling in Alaska and how nec- they started telling Americans: Don’t has enabled them to survive in the Arc- essary it is for subsistence and the sur- worry. We are going to dumb down ex- tic—with some of the toughest weather vival of these important cultures. I pectations. We are going to tell you— and conditions anywhere in the world hope all Americans also stand with so despite this chart, despite what this for millennia—and which has shaped many other proud Alaska whalers, pro- really means—this represents the the culture of Alaska and the character tecting their rights to hunt the way American dream. Despite the fact that of our State today. their ancestors have hunted. all previous administrations were fo- Back to Chris, he is an extraordinary Thank you, Chris—a young man in cused on 3 percent, we are not going to hunter, even by the standards of Alaska, 17 years old—for standing tall talk about that. We will dumb it down Gambell, a community of extraor- for your people, for all of Alaska. I also and call this anemic growth back dinary hunters. He could aim and shoot want to thank his parents Susan and here—1 percent, 11⁄2—the new normal. a rifle at the age of 5. By 11, he had Daniel for raising such a fine hunter. What does that mean? That means trained himself to strike whales, as one Congratulations, Chris, for being our we are going to surrender. We are going writer put it, ‘‘standing steady in the Alaskan of the Week. to say, well, this is really America hit- front of the skiff with the gun, riding ECONOMIC GROWTH ting on all cylinders. This is what you Bering Sea swells like a snowboarder.’’ Mr. President, I want to follow on as Americans should expect in the fu- This past April, Chris and his father with regard to what my colleague and ture. set out on a boat in the Bering Sea to good friend from South Dakota talked I think this idea of the new normal, do what their ancestors have been about in terms of tax reform. We are which a lot of people in DC talk about, doing for thousands of years. debating tax reform now. We are mark- is probably one of the most dangerous After they got a bearded seal, they ing up a bill. The Finance Committee concepts in Washington, DC, right now. spotted a spouting bowhead. Chris took has not marked up the bill yet. It is The new normal means that despite

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Certainly, hurricane—where are they going to be Mayo’s renown as a center of excel- the Congress is starting to focus on able to get temporary assistance for lence not only in the treatment of can- this issue, and the Senate is starting to housing? It is a fact that this is hap- cer but in virtually every field of medi- focus on this issue with policies like pening in the State of Florida, and it cine. A nonprofit institution, Mayo has tax reform, with policies like regu- has to be changed. large hospitals in Rochester, Min- latory streamlining, with policies like Thus, you see the bipartisan effort of nesota, Phoenix, and Jacksonville, FL, infrastructure, with policies like en- my colleague from Florida MARCO which employ almost 50,000 people. ergy. As the Presiding Officer knows, RUBIO and me writing to the head of Mayo also operates a network of more our two great States are part of the en- FEMA today to say: Look, what hap- than 70 affiliated hospitals and clinics, ergy renaissance that can drive eco- pened? Years ago, during the debacle of to which more than 1.3 million persons nomic growth well above 3 percent. Hurricane Katrina in New Orleans, turned for treatment this year, pa- As we focus on tax reform, as this they experienced an average wait time tients from all 50 States and 137 dif- body focuses on tax reform, I am hope- of 10 minutes before they could get ferent countries. Moreover, the Mayo ful my colleagues, on both sides of the FEMA on the line to help them. Now system operates several premier col- aisle, can all agree that one of the key we have people waiting as much as 4 leges of medicine and is a world leader elements of what we are doing with re- hours. I wanted to bring this to the at- in medical research. This breadth of gard to tax reform, and every other tention of the Senate. activity, outstanding in each facet, is policy in this body, is to get us back to After a hurricane, 2 months later, we remarkable. It is no exaggeration to traditional levels of U.S. economic cannot have an aftermath where our claim that the Mayo Clinic is central growth, to get us back to where people people are hurting, they are suffering. to the astonishing success of American say: Wow. I have great opportunities. They can’t live in a healthy condition medicine. Look at this economy—not the dol- in the homes that have been destroyed I have made my own career in public drums and the anemic growth and the in the hurricane. service, but as I reflect on my experi- sub-3 percent new normal that we have I yield the floor. ence as a cancer patient, I am humbled been told by other Federal officials to by the example of service to mankind f accept as our fate. provided by the entire Mayo family. I That shouldn’t be our fate. We should RECESS am and will always remain deeply have policies, particularly tax reform, The PRESIDING OFFICER. Under grateful to everyone involved in my that are focused on getting back above the previous order, the Senate stands care. that red line, and I am certainly hope- in recess until 2:15 p.m. RECOGNIZING THE NATIONAL CANCER INSTITUTE ful that all my colleagues—all 100 U.S. Thereupon, the Senate, at 12:59 p.m., Mr. President, I come to the floor Senators—can agree on that goal, recessed until 2:15 p.m. and reassem- today to recognize a remarkable group strong economic growth for American bled when called to order by the Pre- of physicians, people to whom I and families and reigniting the American siding Officer (Mr. PORTMAN). many others owe a profound debt. I dream with strong GDP growth that is refer to the team that has led my much higher than what we have seen in f treatment at the National Cancer In- the last 10 years. EXECUTIVE CALENDAR—Continued stitute of the National Institutes of I yield the floor. Health in Bethesda, MD. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Every year, cancer claims the lives of ator from Florida. ator from Arizona. hundreds of thousands of Americans Mr. NELSON. Mr. President, I ask Mr. MCCAIN. Mr. President, I ask and millions of others across the globe. unanimous consent that I be allowed to unanimous consent that I be recog- It is a relentless and complex disease. speak despite the order for recess. nized to speak as in morning business. It comes in many forms that demand The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without varied and specialized treatments. objection, it is so ordered. objection, it is so ordered. There are many centers of excellence HURRICANE IRMA RECOVERY EFFORT The Senator is recognized. in the struggle against cancer, but NCI Mr. NELSON. Mr. President, it has RECOGNIZING THE MAYO CLINIC plays a special role. The physicians as- been 2 months since Hurricane Irma hit Mr. MCCAIN. Mr. President, I rise sembled there are recruited from the Florida and basically covered up the today to express my deepest gratitude most outstanding medical institutions State, and our people are still hurting to my friends at the Mayo Clinic’s Ari- of the world to lead the fight. Yes, NCI because they don’t have sufficient zona campus, where I was recently conducts its own research and treat- housing. treated for cancer. This is not my first ment programs, and I am among its If you lived in a mobile home, if you obligation to the Arizona branch of many patients, but more importantly, lived in a low-lying area, your home this landmark medical institution, it oversees and funds our national ef- was destroyed. It is uninhabitable. The which has been a synonym for medical fort against cancer, awarding grants ceiling is collapsing. The mold and the excellence for more than 100 years. I re- and supporting a nationwide network mildew, because of all the water which ceived outstanding care for a prior, un- of 69 NCI-designated cancer centers. has now accumulated, makes it an un- related tumor in the year 2000. NCI’s role in the development of anti- inhabitable home. In July of this year, I found myself at cancer drugs has been especially note- FEMA, through individual assist- Mayo once again. It is no exaggeration worthy: Roughly two-thirds of cancer ance, is supposed to provide temporary to say that the team of doctors, nurses, medications approved by the FDA have housing. This is the law. That is what and technicians who looked after me emerged from NCI-sponsored trials. the people of Florida are entitled to— were my salvation. They located and Despite the special tenacity of this just like the people of Texas are enti- removed a brain tumor—a glio- disease, we have made enormous tled to in the Presiding Officer’s blastoma—that threatened my life. I strides. To the lives of cancer patients, State—but it is not happening in Flor- will always be indebted for their timely NCI has added decades where once ida. Why? Because they get on the tele- and skillful intervention and for the there were only years and years where phone, and they have to wait up to— outstanding support provided to my once there were only months. They are documented—4 hours to get somebody family by the entire Mayo community. closing in on the enemy, in all its on the phone from FEMA or, for home Their professionalism is unmatched, as forms, giving hope to millions of fami- inspections, it takes 45 days before is their compassion. Thanks to my lies and offering a real prospect of

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I suspect the ratings don’t cle about potential issues Catholic out for special mention a few who have actually matter to them since they judges may face that Professor Barrett won my particular gratitude and that have voted against most of the ‘‘well wrote in law school. The article was of my family, but NCI has requested qualified’’ nominees this Congress. The about Catholic judges but could have that I not do so. Instead, I will say minority has even requested that I not been written about the biasses of this: All too often in American culture, hold hearings on nominees when the judges of any religion or of no religion we associate heroism with physical committee hasn’t received the ABA at all. My friends in the minority have manifestations of courage—the tough- ratings for that nominee, as if the looked at a few of her comments from ness of the athlete, the daring of the ABA—an outside group—can and this article and seem to have concluded soldier or sailor. My friends, we would should dictate the committee’s sched- that she will base her judicial decisions do well to remind ourselves of and to ule. But even when we have ‘‘well off of what her religion teaches. teach our children the more patient qualified’’ or ‘‘qualified’’ ratings from During her hearing, one Senator even forms of bravery exemplified by our the ABA, the minority still votes implied that Professor Barrett could doctors and nurses and research sci- against these nominees, so the actual not separate her religion from her judi- entists who wage the war against can- significance of the rating to the minor- cial decision making, but Professor cer day after day, year after year. ity doesn’t make a lot of sense. Barrett had said and argued quite the Through their tireless effort, the physi- Furthermore, lack of appellate expe- opposite and had done it several times. cians and researchers of NCI remind us rience hasn’t mattered before. When She believes that it is highly inappro- of the heroes of the medical art, show- President Clinton nominated Justice priate for a judge to use his own reli- ing it to be, as Samuel Johnson called Kagan to the DC Circuit Court of Ap- gious beliefs in legal reasoning. In fact, it, ‘‘the greatest benefit to mankind.’’ peals, she had no appellate experience. she concludes the very article the It has certainly been a great benefit to But I remember my friend from Democrats are concerned with this me, and I am deeply, deeply grateful. Vermont saying that the Senate should way: ‘‘Judges cannot—nor should they The PRESIDING OFFICER. The Sen- vote on her nomination because she ator from Iowa. try to—align our legal system with the was an ‘‘outstanding woman.’’ Her lack church’s moral teachings whenever the Mr. GRASSLEY. Mr. President, of appellate experience didn’t appear to today the Senate will vote on the nom- two diverge.’’ be of concern to my friends in the mi- I think opposition to her nomination ination of Notre Dame Law Professor nority at the time of Kagan’s nomina- Amy Barrett to serve on the Seventh ultimately comes down to the fact that tion coming before the committee, so I Circuit Court of Appeals. She is an her personal views about abortion do don’t understand why the standard is eminently qualified and exceptionally not line up with the minority’s views different now. about abortion. I knew the minority bright nominee who has received praise Another reason some of my col- and support across the legal profession. would ask her about her views on abor- leagues gave when voting against her is tion, so during her nomination hearing, She clerked for Judge Silberman on the that they say she will disregard judi- DC Circuit Court of Appeals and for I took advantage of being the first to cial precedent. Of course, if that is ask her if she would allow her religious Justice Scalia on the Supreme Court. true, that would be a very serious con- She has experience in private practice views to dictate her legal decisions. sideration, but looking at all of Pro- and many years as a law professor She said that she would not. I also fessor Barrett’s writings and listening teaching classes on constitutional Law, asked her if she would follow Supreme to the testimony she gave, not once did Federal courts, statutory interpreta- Court precedent involving abortion, she say that circuit or district court tion, among others. She was appointed and she simply and succinctly an- judges could disregard precedent. In by Chief Justice John Roberts to sit on swered: ‘‘Absolutely, I would.’’ fact, during her hearing, she told the the Advisory Committee on Federal At her hearing, the statement was committee that she understood ‘‘cir- Rules of Appellate Procedure, where made—now, can you believe this?— cuit judges to be absolutely bound by she served for 6 years. ‘‘You are controversial because many Her nomination has also received the precedent of the Supreme Court’’ of us that have lived our lives as wide support. For example, in a letter and that ‘‘circuit courts are bound to women really recognize the value of fi- to the Judiciary Committee, a bipar- follow the precedent of their own cir- nally being able to control our repro- tisan group of law professors encour- cuit.’’ That doesn’t sound like a nomi- ductive systems.’’ aged the committee to confirm her nee who will not respect precedent. In This statement alone is stunning to nomination, saying that Professor Bar- fact, she understands exactly the role me for two reasons—first, that a nomi- rett ‘‘enjoys wide respect for her care- of precedent and the limitations and nee is controversial because she might ful work, fair-minded disposition, and restrictions placed on lower court share the views of over half the coun- personal integrity.’’ Her colleagues at judges. try, which is that abortion is wrong; Notre Dame described her ‘‘as a model Another Senator argued that she has second, that this statement amounts to of the fair, impartial, and sympathetic written provocative things like ‘‘A a religious test. In response, Professor judge.’’ judge will often entertain an ideolog- Barrett said over and over that she has Despite this, all the Democratic ical bias that makes him lean one way no power to overrule Roe or any other members of the Judiciary Committee or the other. In fact, we might safely abortion-related Supreme Court case voted against her nomination in com- say that every judge has such an incli- nor does she have interest in chal- mittee, and I suspect most of the mi- nation.’’ I am not sure why this state- lenging that specific precedent. nority will vote against her confirma- ment is provocative. I think everyone A further statement was made: tion later today. This, of course, is a here knows that every person has their own biases and policy preferences, [R]eligion . . . has its own dogma. The law shame, and it does not speak well of is totally different. And I think in your case, our institution, the U.S. Senate, and I whether or not they are a judge. In professor, when you read your speeches, the would like to explain why. writing this, Professor Barrett shows conclusion one draws is that the dogma lives When the Judiciary Committee voted the awareness to recognize that every loudly within you, and that’s of concern on Professor Barrett’s nomination, I person comes to their job with personal when you come to big issues that large num- listened to the reasons my colleagues biasses and views. This is especially bers of people have fought for years in this gave for voting against her. Some said important for judges to recognize country. that she didn’t have enough experience about themselves. In fact, she is so So the Democrats are saying that to be a circuit court judge. Well, the self-aware that this is a potential prob- women who have personal beliefs that American Bar Association rated Pro- lem for judges that she cowrote an ar- are consistent with their religions are fessor Barrett as ‘‘well qualified.’’ ticle arguing that if a judge cannot set not eligible to be Federal judges even

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.025 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6901 when they have assured the committee, related to free speech and children’s to Rico and the U.S. Virgin Islands, as she did over and over again, that playgrounds. They are not outside the this is not just a natural disaster; it is they strongly believe in following bind- mainstream. also an economic disaster that these ing Supreme Court precedent. If that is Any difference in viewpoint that local governments cannot dig out of on the case—if the minority is enforcing a folks may have with them boils down their own. Our fellow citizens des- religious litmus test on our nominees— to, simply, policy differences, but dis- perately need our help. this is an unfortunate day for the Sen- sent and a difference of opinion do not Listen to what one New Yorker told ate and for the country. equal hate, and it is wrong to compare me about how dangerous things are Others have spoken on the issue of a an organization like the ADF to that of right now, especially for the sick and religious test, but I will remind my col- the Ku Klux Klan or the Nazi Party elderly. leagues that the Constitution specifi- and, by extension, imply that the My constituent was trying to help cally provides that ‘‘no religious test nominees before us sympathize with someone in Puerto Rico who was autis- shall ever be required as a qualification such actual hate groups. tic and bedridden and under the care of to any office under the United States.’’ Finally, I would note that the South- his 93-year-old father. He needed sur- It is one of the most important found- ern Poverty Law Center designates the gery. He was taken to at least three ing principles. I do not think an eval- American College of Pediatricians and separate medical facilities, and he uation of how religious a person is or the Jewish Defense League as hate spent countless hours in an ambulance how religious she might not be should groups. So some of the Southern Pov- with his elderly father. He was trans- ever be a part of that evaluation. erty Law Center’s designations appear ported from one location to the next, We have received many letters on to be discriminatory in and of them- but the medical facilities were finding this topic, including one from Prince- selves. it extremely difficult to communicate ton University’s president, who is a Professor Barrett is a very accom- with each other. After all of that, his former law clerk to Justice Stevens plished, impressive nominee, and we doctor could not find any facility on and happens to be a constitutional know that her personal story is com- the island that would accept him into scholar. He writes that the questions pelling. She has seven children, several its care. He was finally able to get his the Democrats posed to Professor Bar- who were adopted from Haiti and one treatment, but how many more people rett about her faith were ‘‘not con- who has special needs. She is an accom- are still waiting for help? Another of my constituents is strug- sistent with the principle set forth in plished attorney and a well-respected gling to help her father, who is in a the Constitution’s ‘no religious test’ law professor. I will be strongly sup- rural area of Puerto Rico. She has only clause’’ and that the views expressed in porting her nomination today, and I been able to speak to him briefly and her law review article on Catholic urge every one of my colleagues to do exchange limited text messages. Her judges are ‘‘fully consistent with a the same. father suffers from heart issues and judge’s obligation to uphold the law I yield the floor. Ms. KLOBUCHAR. Mr. President, I glaucoma, and he may need a prescrip- and the Constitution.’’ tion refill very soon if not right now. Finally, this morning, my friend wish to explain my vote today in oppo- There are countless more stories just from Illinois justified the Democrats’ sition to the nomination of Amy Coney like these throughout my State and, no questions to Professor Barrett in com- Barrett to serve as a U.S. Circuit Judge doubt, in many of my colleagues’ mittee by noting that I also asked for the Seventh Circuit. In Professor Barrett’s hearing before the Judiciary States as well. questions in the committee about her The $36 billion that is for all of Committee, I focused my questions on article, but there is a difference in sim- Texas, Florida, Puerto Rico, and the Professor Barrett’s views and previous ply asking a nominee if her religious U.S. Virgin Islands is just not enough. views will influence her judicial deci- writings on the circumstances under After Hurricanes Katrina and Rita, it sion making and trying to ascertain which judges must adhere to precedent cost the Federal Government $120 bil- just how religious a nominee is by ask- and on the doctrine of originalism. It lion to rebuild the Gulf Coast. That is ing, ‘‘Do you consider yourself an or- was on the basis of her responses to the amount of funding that we need to thodox Catholic?’’ or by saying, ‘‘The those questions that I have concluded be thinking about for Puerto Rico and dogma lives within you.’’ that I am unable to support her nomi- the U.S. Virgin Islands right now. My questions gave Professor Barrett nation. It will take at least $5 billion just to a chance to explain her law review arti- The PRESIDING OFFICER. The Sen- rebuild Puerto Rico’s power grid, and cle, which was an article I knew the ator from New York. that will not even cover improvements Democrats would question her over. PUERTO RICO AND U.S. VIRGIN ISLANDS to make the system more resilient and The other side’s questions and com- RECOVERY EFFORT more efficient than it was before the ments went to figure out just how Mrs. GILLIBRAND. Mr. President, I storm. Right now, two-thirds of Puerto strongly she would hold to her faith, rise to speak about the disaster supple- Rico still does not have power. That which was the inappropriate line of mental that the Trump administration means no refrigeration so that people questioning. is expected to send to Congress as early can have food to eat or can keep medi- I will make one more related com- as tomorrow. While Congress has cine from spoiling. It means no elec- ment. I mentioned this in the Judici- passed two supplemental aid bills since tricity for oxygen tanks in nursing ary Committee, but I think that it this year’s hurricanes, I want to make homes and no lights at night to keep bears repeating on the floor because it very clear that what we have already people safe. It will take additional the issue will continue to come up. passed is not even close to what we will funding to restore roads so that what- Professor Barrett and a few other need to help Puerto Rico and the U.S. ever supplies do make it to Puerto Rico nominees have a relationship with or Virgin Islands fully recover and re- can actually be delivered, and people ties to the Alliance Defending Freedom build. can get to their loved ones in need. group, which, as several Senators have Hurricane Maria destroyed their The Small Business Administration recently pointed out, has been labeled power grids and has significantly dam- will need billions of dollars to help peo- as a hate group by the Southern Pov- aged their water infrastructure so as to ple rebuild their businesses, which are erty Law Center. When the nominees make clean drinking water dan- vital to their basic economic recovery. have been asked about this, they have gerously scarce. Three of Puerto Rico’s The Army Corps of Engineers will need pointed out that the Southern Poverty biggest industries—manufacturing, fi- funding and the authority to rebuild Law Center’s designation is, in itself, nance, and tourism, which drive their the dams and the ports that were dam- highly controversial. I would say that already struggling economy—remain aged so that commerce can actually go it is completely unfounded. The ADF, severely damaged because the hurri- on, and FEMA will likely need $8 bil- Alliance Defending Freedom, is an ad- cane wiped out so many factories, lion more just to respond to all of the vocacy organization that litigates reli- buildings, and hotels. Many Puerto households that have requested assist- gious liberty cases. It has won six cases Ricans who had jobs the day before ance to repair and rebuild their homes in front of the Supreme Court in the Maria struck no longer have anywhere through its Individual Assistance Pro- past 6 years, including cases that are to go to work. In other words, in Puer- gram.

VerDate Sep 11 2014 01:00 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.027 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6902 CONGRESSIONAL RECORD — SENATE October 31, 2017 In other words, the recovery effort MAY 19, 2017. Law School, Charles S. Rhyne Professor of must be massive. There is no way Re Nomination of Amy Coney Barrett to the Law; Donald Earl Childress III, Pepperdine around it, because we can never turn United States Court of Appeals for the School of Law, Professor of Law; G. Marcus Seventh Circuit. Cole, Stanford Law School, William F. Bax- our backs on fellow citizens, whether ter-Visa International Professor of Law; they are in New York or Texas or Flor- Hon. CHARLES GRASSLEY, Chairman, Committee on the Judiciary, U.S. Barry Cushman, Notre Dame Law School, ida or the U.S. Virgin Islands or Puerto Senate, Washington, DC. John P. Murphy Foundation Professor of Rico. What we need right now is a Mar- Hon. DIANNE FEINSTEIN, Law; Nestor M. Davidson, Fordham Law shall Plan. That is the only way that Ranking Member, Committee on the Judiciary, School, Professor of Law; Marc O. Puerto Rico and the U.S. Virgin Is- U.S. Senate, Washington, DC. DeGirolami, St. John’s University School of Law, Professor of Law; Erin F. Delaney, DEAR CHAIRMAN GRASSLEY AND RANKING lands are ever going to really fully re- Northwestern University Pritzker School of MEMBER FEINSTEIN: We are writing to ex- cover. A new Marshall Plan would help Law, Associate Professor of Law and Polit- Puerto Rico greatly reduce its crushing press our strong support for the nomination of Professor Amy Coney Barrett to the U.S. ical Science; John F. Duffy, University of debt owned by hedge funds, and a new Court of Appeals for the Seventh Circuit. We Virginia School of Law, Samuel H. McCoy II Marshall plan would also completely are a diverse group of law professors who Professor of Law; Brian T. Fitzpatrick, Van- derbilt Law School, Professor of Law; Nicole modernize infrastructure in Puerto represent a broad range of fields and perspec- Stelle Garnett, Notre Dame Law School, Rico and the U.S. Virgin Islands, by re- tives. We share the belief, however, that Pro- John P. Murphy Foundation Professor of fessor Barrett is exceptionally well qualified building their energy grid, hospitals, Law; Richard W. Garnett, Notre Dame Law to serve on the U.S. Court of Appeals, and we roads and bridges, reservoirs, schools, School, Paul J. Schierl/Fort Howard Cor- urge the Senate to confirm her as a judge of dams, and the thousands of buildings poration Professor of Law; Mary Ann that court. and homes that were destroyed by Glendon, Harvard Law School, Learned Hand Professor Barrett has stellar credentials Professor of Law; Michael Heise, Cornell Law these hurricanes. for this position. She received her under- School, Professor of Law; F. Andrew Hessick, graduate degree magna cum laude from I urge all of my colleagues to join me University of North Carolina School of Law, in this effort. We must never stop Rhodes College and her law degree summa Professor of Law; Kristin Hickman, Univer- fighting for Puerto Rico and the U.S. cum laude from the University of Notre sity of Minnesota Law School, Distinguished Virgin Islands to get the funding they Dame, where she finished first in her law McKnight University Professor, Harlan Al- school class. She served as a law clerk to need to fully recover and fully rebuild. bert Rogers Professor in Law; Roderick M. Judge Laurence H. Silberman of the U.S. Hills, NYU Law School, William T. Comfort, I yield the floor. Court of Appeals for the D.C. Circuit and to III Professor of Law; Clare Huntington, Justice Antonin Scalia of the Supreme Fordham Law School, Professor of Law; The PRESIDING OFFICER. The Court. After her clerkships, she practiced President pro tempore, the Senator John Inazu, Washington University Law law in both trial and appellate litigation in School, Sally D. Danforth Distinguished Pro- from Utah. Washington, D.C. at Miller, Cassidy, fessor of Law & Religion; Neal Kumar Mr. HATCH. Mr. President, I ask Larroca, & Lewin, and at Baker Botts. She Katyal, Georgetown University Law Center, has served as a law professor at the Univer- Paul Saunders Professor; William K. Kelley, unanimous consent that I be permitted sity of Notre Dame since 2002. to finish my full speech. Notre Dame Law School, Associate Professor As a law professor, Professor Barrett has of Law; Daniel B. Kelly, Notre Dame Law The PRESIDING OFFICER. Without distinguished herself as an expert in proce- School, Professor of Law; Cecelia M. objection, it is so ordered. dure, interpretation, federal courts, and con- Klingele, University of Wisconsin Law stitutional law. She has published several School, Assistant Professor of Law; Randy J. Mr. HATCH. Mr. President, the Sen- important and influential law review articles Kozel, Notre Dame Law School, Professor of ate will consider this week four nomi- on these topics in leading journals. Although Law; Kurt T. Lash, University of Illinois Col- nations for the U.S. courts of appeals. we have differing perspectives on the meth- lege of Law, Guy Raymond Jones Chair in Two are well regarded professors at ods and conclusions in her work, we all agree Law; Rene´e Lettow Lerner, George Wash- prestigious law schools, and two are that Professor Barrett’s contributions to ington University Law School, Professor of legal scholarship are rigorous, fair-minded, highly respected State supreme court Law; Gregory E. Maggs, George Washington respectful, and constructive. Her work dem- University Law School, Professor of Law; justices. Each of them has received the onstrates a thorough understanding of the Jenny S. Martinez, Stanford Law School, highest rating from the American Bar issues and challenges that federal courts Professor of Law & Warren Christopher Pro- Association, ‘‘well qualified,’’ which confront in their daily work. In addition, we fessor in the Practice of International Law my Democratic colleagues have said is admire Professor Barrett’s strong commit- and Diplomacy; Michael W. McConnell, Stan- the gold standard for evaluating nomi- ment to public service, including her work as ford Law School, Richard and Frances nees. a member of the Advisory Committee on the Mallery Professor of Law; Alan J. Meese, Federal Rules of Appellate Procedure from William and Mary Law School, Ball Pro- I applaud the majority leader for 2010–2016. fessor of Law and Tazewell Taylor Research committing to do what it takes to con- In short, Professor Barrett’s qualifications Professor of Law; Thomas Merrill, Columbia firm these nominees, including, if nec- for a seat on the U.S. Court of Appeals for Law School, Charles Evan Hughes Professor essary, working through the weekend the Seventh Circuit are first-rate. She is a of Law; Robert A. Mikos, Vanderbilt Univer- distinguished scholar in areas of law that sity Law School, Professor of Law. to get it done. matter most for federal courts, and she en- David H. Moore, BYU Law School, Wayne I want to address the state of the joys wide respect for her careful work, fair- M. and Connie C. Hancock Professor of Law; confirmation process by focusing on minded disposition, and personal integrity. Michael P. Moreland, Villanova Law School, one of these nominees, as well as at- We strongly urge her confirmation by the University Professor of Law and Religion; tempts to change the process itself. Senate. Derek T. Muller, Pepperdine University Sincerely, School of Law, Associate Professor of Law; Later today we will confirm Amy Jonathan H. Adler, Case Western Reserve John Copeland Nagle, Notre Dame Law Coney Barrett to the Seventh Circuit. University School of Law, Johan Verheij Me- School, John N. Matthews Professor of Law, She has taught at the Notre Dame Law morial Professor of Law; Richard Albert, Caleb E. Nelson, University of Virginia School for 15 years in fields that are es- Boston College Law School, Professor of School of Law; Emerson G. Spies Distin- Law; William Baude, University of Chicago guished Professor of Law; Grant S. Nelson, pecially relevant to the work of a Fed- Law School, Neubauer Family Assistant Pro- William H. Rehnquist Professor of Law, eral appellate judge. A distinguished fessor; Anthony J. Bellia Jr., Notre Dame Pepperdine University, Professor of Law and diverse group of more than 70 law Law School, O’Toole Professor of Constitu- Emeritus, University of California, Los An- professors at schools from Massachu- tional Law; Patricia L. Bellia, Notre Dame geles; Nell Jessup Newton, Notre Dame Law setts to California and from Minnesota Law School, William J. and Dorothy K. School, Joseph A. Matson Dean and Pro- to Florida wrote that her scholarship is O’Neill Professor of Law; Mitchell Berman, fessor of Law; Michael Stokes Paulsen, Uni- ‘‘rigorous, fair-minded, respectful and University of Pennsylvania Law School, versity of St. Thomas, Minnesota, School of constructive.’’ Leon Meltzer Professor of Law and Professor Law, Distinguished University Chair and of Philosophy; Samuel L. Bray, UCLA School Professor; James E. Pfander, Northwestern I ask unanimous consent to have of Law, Professor of Law; Steven G. University Pritzker School of Law, Owen L. printed in the RECORD that letter. Calabresi, Northwestern University Pritzker Coon Professor of Law; Jeffrey A. School of Law, Clayton J. and Henry R. Bar- Pojanowski, Notre Dame Law School, Pro- There being no objection, the mate- ber Professor of Law; Nathan Chapman, Uni- fessor of Law; Saikrishna Bangalore rial was ordered to be printed in the versity of Georgia School of Law, Assistant Prakash, University of Virginia School of Record, as follows: Professor of Law; Guy-Uriel Charles, Duke Law, James Monroe Distinguished Professor

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.028 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6903 of Law; Robert J. Pushaw, Pepperdine Uni- not. In her hearings she pledged to un- pressing concern that ‘‘the dogma lives versity School of Law, James Wilson En- flinchingly follow all Supreme Court loudly within you.’’ dowed Professor of Law; Michael D. Ramsey, precedents. She said: ‘‘It is never ap- Let me be clear. Inquiring whether a University of San Diego School of Law, Hugh nominee will have her judicial prior- and Hazel Darling Foundation Professor of propriate for a judge to apply their per- Law; Richard M. Re, UCLA School of Law, sonal convictions whether derived from ities straight regarding the law and her Assistant Professor of Law; Cassandra Burke faith or personal conviction.’’ This has personal views is one thing. Inquiring Robertson, Case Western Reserve Law been her view for nearly two decades. about her religious beliefs themselves School, Professor of Law and Laura B. In a 1998 law journal article she coau- is something very different, and I be- Chisolm Distinguished Research Scholar; thored, she explored the real-world sit- lieve it should be off limits. Nicholas Quinn Rosenkranz, Georgetown uation of how a judge should approach I enthusiastically support Professor University Law Center, Professor of Law; the death penalty when her religious Barrett’s nomination precisely because Stephen E. Sachs, Duke Law School, Pro- she knows the difference between her fessor of Law; Sean B. Seymore, Vanderbilt beliefs counsel against capital punish- Law School, Professor of Law; David Arthur ment. Professor Barrett wrote that personal beliefs and the law and she is Skeel, University of Pennsylvania Professor ‘‘judges cannot, nor should they, try to completely committed to maintaining of Law, S. Samuel Arsht Professor of Cor- align our legal system with the that distinction when she becomes a porate Law; Steven D. Smith, University of church’s moral teaching whenever the judge. San Diego School of Law, Warren Distin- two diverge.’’ Let me now take a step back from guished Professor of Law; Lawrence Solan, In her hearing, I asked Professor Bar- this nominee and focus on the con- Brooklyn Law School, Don Forchelli Pro- rett about this article and about what firmation process itself. fessor of Law; Kevin M. Stack, Vanderbilt The Constitution gives the power to Law School, Professor of Law; John F. should happen when a judge faces a Stinneford, University of Florida Levin Col- conflict between her personal views nominate and appoint judges to the lege of Law, University Term Professor; Kate and the law. I wanted the record to be President and it gives the power of ad- Stith, Yale Law School, Lafayette S. Foster crystal clear so that her views would vice and consent to the Senate as a Professor of Law; Catherine T. Struve, Uni- not be distorted or misrepresented. check on the President. The latest dis- versity of Pennsylvania Law School, Pro- Here is what she said, as shown on this pute about the Senate’s part in this fessor of Law; Lisa Grow Sun, BYU Law chart: process concerns a practice used in the School, Associate Professor of Law; Jay Judiciary Committee to highlight the Tidmarsh, Notre Dame Law School, Judge I believe that the law wins . . . if a judge James J. Clynes, Jr., Professor of Law; ever felt that for any reason she could not views of Senators regarding judicial Amanda Tyler, University of California, apply the law, her obligation is to recuse. I nominees who would serve in their Berkeley School of Law, Professor of Law; totally reject and I have rejected throughout States. Judiciary Committee chairmen Adrian Vermeule, Harvard Law School, my entire career the proposition that a judge have come to use a blue piece of paper Ralph S. Tyler, Jr. Professor of Constitu- should decide cases based on a desire to to inquire about a home State Sen- tional Law; Christopher J. Walker, Ohio reach a certain outcome. ator’s views on a particular nominee. State University Moritz College of Law, As- Her critics appear, to put it most We call it the blue slip. sociate Professor of Law; Kevin C. Walsh, charitably, to have read a different ar- Today Democrats and their grass- University of Richmond School of Law, Pro- ticle by a different Professor Barrett. fessor of Law; Jay D. Wexler, Boston Univer- roots and media allies are demanding sity, Professor of Law; Ernest A. Young, My Democratic colleagues observed that the blue-slip process be used as a Duke Law School, Alston & Bird Professor of that religious dogma and the law are single-Senator veto, even though the Law. different—so far, so good, as far as I am vote is for a court of appeals judge who Mr. HATCH. Mr. President, the criti- concerned. But then there is this: ‘‘The will represent a wide variety of States cisms of Professor Barrett are laugh- dogma lives loudly within you, and if not the whole country. They demand able and ridiculous. One leftwing that is of concern.’’ Can you imagine, that a single home-State Senator be group, for example, objects because she in this day and age, one of our col- able, at any time and for any reason, to has no judicial experience. I don’t re- leagues asking a question like that? stop a nomination dead in its tracks call this group being concerned about Professor Barrett, as I described, has without any Judiciary Committee con- the nearly 60 appeals court judges ap- consistently argued for nearly 20 years sideration at all. That is ridiculous. pointed by recent Democratic Presi- that judges may not decide cases based I can understand why they want to dents who had no prior judicial experi- on their personal religious beliefs. So weaponize the blue slip like this. After ence. In fact, President Clinton ap- what is the problem? It appears that all, they once used the filibuster to pointed a judge with a profile strik- the problem for some critics is not Pro- prevent confirmation of Republican ingly similar to Professor Barrett’s—a fessor Barrett’s religious faith in gen- judges but then abolished nomination woman who clerked on both the U.S. eral but the particular religious faith filibusters so that no one else could use court of appeals and the U.S. Supreme she has. Now this sounds disturbingly them. Today, Democrats are trying to Court and who, after a few years in pri- like a religious test for public office. In turn the blue-slip process into a de vate practice, taught at a well-known fact, it is a religious test by some of facto filibuster. They want a single Midwestern law school for 15 years and our colleagues, who ought to be Senator to be able to do in the Judici- then received the ABA’s highest rating ashamed of themselves. ary Committee what it once took 41 to serve on this very same court. Left- I thought America’s Founders put Senators to do on the Senate floor. wing groups supported the Democratic that to rest when they wrote article VI Shortly after Democrats abolished President’s nominee but opposed the of the U.S. Constitution, prohibiting a nomination filibusters, Judiciary Com- Republican President’s nominee. religious test for public office. I mittee Chairman PATRICK LEAHY It appears that Professor Barrett has thought we had grown past periods in warned: ‘‘As long as the blue-slip proc- one big strike against her, and that is our history when suspicion was leveled ess is not being abused by home-state her religious faith—an important part against someone running for public of- Senators, then I will see no reason to of her life, by the way. That is all it fice simply because of the church to change that tradition.’’ He was right. takes for her critics to say that she has which he or she belonged. I thought the The key is to know when that line has no place on the Federal bench, that free exercise of religion protected by been crossed, and Senator LEAHY made women or men with such personal reli- the First Amendment included being that point. gious faith cannot be impartial judges free from that kind of suspicion and I have served on the Judiciary Com- who respect the rule of law. That is prejudice. mittee for more than 40 years. That ex- bunk. It is ridiculous, it is despicable, Earlier today, the assistant Demo- perience leads me to suggest two it is stupid, and it is beneath the dig- cratic leader tried to distract attention things that can help us prevent abuse nity of this body. I strongly reject that from the clearly inappropriate exam- of this part of the confirmation proc- view. I find it appalling. ination of Professor Barrett’s religious ess. The first thing to keep in mind is These critics apparently believe that beliefs. He suggested that by asking the history of the blue-slip process. judges decide cases based on their per- Professor Barrett whether a judge’s Now, 19 Senators have chaired the sonal beliefs. They may believe that, personal beliefs should take precedence Judiciary Committee, including me, but Professor Barrett certainly does over the law is no different than ex- since this practice began in 1917—10

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.025 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6904 CONGRESSIONAL RECORD — SENATE October 31, 2017 Democrats and 9 Republicans. Only 2 of that a unanimous cloture vote was not just much more fairly but absolutely those 19 chairmen have treated the followed immediately by a confirma- more fairly. This is really pathetic. I blue slip as a single-Senator veto. Ac- tion vote. hope we can somehow or other bring cording to the Congressional Research What is going on here? What is wrong ourselves to treat each other on both Service, until the 1950s, no Judiciary with our colleagues on the other side? sides better. Committee chairman treated a nega- Why are they doing this? They could With regard to judges, whoever is tive blue slip as a single-Senator veto. have taken a few hours but instead President ought to be given great con- Home-State Senators could express took 2 weeks from the filing of the clo- sideration for the choices. That is what their objections in confirmation hear- ture motion to the final unanimous we do when we elect a President. I ings, and the Judiciary Committee confirmation vote that took place here. know it is tough on the other side that might report a nomination to the Sen- Now, this is not the only time Demo- President Trump is the President, but ate with a negative recommendation, crats forced cloture votes to slow con- he is the President, and he is picking but in each case the process moved for- sideration of nominees they end up really excellent people for these judi- ward. supporting. What was the point of all cial nominations. I hope we start Senator James Eastland, who was that? It is simple. Democrats want to changing this process and get it back chairman when I first joined the Judi- make confirming President Trump’s to being a reasonable, effective, honest, ciary Committee—a Democrat—was judicial nominees as cumbersome and and good process. the first chairman to treat a negative time-consuming as possible. With that, I yield the floor. blue slip more like a veto. Since then, At this point in President Obama’s The PRESIDING OFFICER. The ma- according to CRS, the blue-slip policy first year, when Republicans were in jority leader. Mr. MCCONNELL. Mr. President, I has been modified to ‘‘prevent a home- the minority, the Senate took cloture ask unanimous consent that notwith- state Senator from having such abso- votes on less than 1 percent of the ex- standing rule XXII, that at 3:30 p.m. lute power over the fate of a nominee ecutive and judicial branches—1 per- today, there be 30 minutes of from their state.’’ cent of all the nominees that we con- postcloture time remaining on the Bar- Under Chairman Ted Kennedy, for ex- firmed. This year, with Democrats in rett nomination, equally divided be- ample, a negative blue slip did not stop the minority playing confirmation tween the leaders or their designees; consideration of a nominee. Chairman spoiler, the Senate has been forced to that following the use or yielding back Joe Biden actually put his policy in take cloture votes on more than 27 per- of that time, the Senate vote on the writing in a letter to President George cent of the nominees we confirmed. In confirmation of the Barrett nomina- H.W. Bush in early 1989. A negative fact, including those we take this tion; and that if confirmed, the motion blue slip, wrote Chairman Biden, would week, Democrats have forced us to to reconsider be considered made and not be a veto if the administration had take 51 cloture votes on President laid upon the table and the President consulted with home-State Senators. Trump’s nominees so far this year. be immediately notified of the Senate’s That is seven times as many as during When I became chairman of the Judici- action. ary Committee in 1995 and again in the combined first years of all nine The PRESIDING OFFICER. Without 1997, I wrote the White House Counsel Presidents since the cloture rule has objection, it is so ordered. that I would continue the Biden policy. applied to nominations. The Senator from Arizona. The second thing to remember is the These were the nominations under Mr. FLAKE. Mr. President, I rise to purpose of the blue-slip process. As I Obama and this is President Trump. discuss a matter of religious liberty. In wrote in both 1995 and 1997, it is ‘‘a What is going on here? That is seven particular, I urge this body to respect courtesy the Committee has estab- times as many as during the combined our constitutional values and avoid lished to ensure that the prerogative of first years of all nine Presidents since any hint of applying religious tests to home state Senators to advise the com- the cloture rule applied to nomina- those who heed the call of government mittee of their views is protected.’’ tions. service. Nearly two decades later, in the 2014 In 2013, Democrats abolished the abil- Freedom of religion is as op-ed I wrote for The Hill, I said the ity of 41 Senators to prevent confirma- foundational a principle as we have in same thing—that highlighting the tion. Today, they are demanding the this country. Yet some in this Chamber views of home-State Senators encour- ability of just one Senator to prevent want to take a cabined view of it. If ages genuine consultation with the confirmation. If that is not an abuse of you are a judicial nominee, it is fine to Senate when the President chooses ju- the confirmation ground rules, I don’t attend the occasional worship service, dicial nominees. know what is. but don’t let on that you take it too se- The history and purpose of the blue- It would be a mistake to do to the riously. That seems to be unacceptable. slip process will help identify when it blue-slip process what has been done to From the inception of our Republic, is being used properly and when it is other elements of the Senate’s advice religious believers have chosen to serve being abused, and, believe me, con- and consent role. This can be prevented the country in countless ways. Wheth- firmation abuses have occurred. Before by following the less partisan guidance er through the Armed Forces, holding 2001, for instance, only 1 percent of ju- of history and purpose to chart our way elected office, or sitting on the courts, dicial nominees with no opposition forward. Americans of faith always answered were confirmed by a time-consuming The blue-slip process exists to high- the call. We should welcome this serv- rollcall vote. Under President George light the views of home State Senators ice, and we should not sit idly by while W. Bush that figure jumped to 56 per- and of course to encourage the execu- others question the propriety of their cent. tive branch in this country—whoever is service by suggesting a de facto reli- Before 2001, there had been four fili- the President—to be open to the feel- gious test. busters of judicial nominees and no ings of the home State Senators and to The Framers of the Constitution majority-supported judicial nominee consult with them when choosing judi- were fearful of this very thinking. had ever been defeated by a filibuster. cial nominees. If it is serving those They understood the importance of re- Under President George W. Bush, purposes, the blue-slip process should ligious participation and foresaw the Democrats conducted 20 filibusters and not become yet another tactic for hi- benefits religious believers of all back- ultimately kept multiple appeals court jacking the President’s power to ap- grounds would contribute to the com- nominees from being confirmed. point judges. mon good. They also knew, from cen- In July, we held another unnecessary What we have going on here today turies of war and suffering in Europe, cloture vote on a district court nomi- with President Trump’s nominees is the high cost of religious intolerance. nee. hypocritical, and it is wrong. It is de- That is why they made it clear in ar- After voting 97 to 0 to end the debate bilitating to the courts, and it is un- ticle VI of the Constitution that no that no one apparently wanted in the constitutional. It bothers me that my public officers could be subject to a re- first place, Democrats forced us to colleagues on the other side are doing ligious test. This edict was entirely un- delay the confirmation vote by 2 more this when they, themselves, were treat- ambiguous in its language and its in- days. This was the first time in history ed much more fairly by our side—not tent. This country is to be served by

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.031 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6905 people of all faiths, committed to the who will stand up for the liberal values In the Judiciary Committee, some Constitution and the common good. It of religious tolerance? Some have, like Democrats attempted to argue against is up to us to question the qualifica- Professors Larry Tribe, Noah Feldman, Professor Barrett’s nomination because tions and jurisprudence of nominees, and Chris Eisgruber. They have said: of the Law Review article she coau- not their religious views. Enough. Who here will join them? thored almost 20 years ago. I don’t Unfortunately, that is not what is This very body is made up of individ- have time to discuss the article in happening to Professor Barrett. I was uals from around 15 different faiths. depth, but suffice it to say that Pro- at the confirmation hearing, where she Each of us has sworn an oath to uphold fessor Barrett has been attacked for, in faced inappropriate questions and ob- the Constitution. Each of us here feels effect, professing her Catholic faith. jections based on her religious views. I we can competently carry out our du- Her article, however, makes clear witnessed a citizen heeding the call to ties, as do those in the judicial branch that any line of criticism that she serve her country, only to face inquir- who swear a similar oath to uphold the would somehow subjugate the rule of ies into her religious beliefs that bor- Constitution. law and the Constitution to her reli- dered on ridicule. My friends on the Let us stand together today without gious views is baseless. That same Law other side of the aisle defended their equivocation and say no to religious in- Review article said: ‘‘Judges cannot— questions and their conduct, and I tolerance in all its forms by examining nor should they try to—align our legal don’t doubt their sincerity, but there is the jurisprudential views and profes- system with the Church’s moral teach- little comfort in the defense that it sional qualifications of judicial nomi- ing whenever the two diverge.’’ In doesn’t matter that Professor Barrett nees, not their relationship with the other words, Professor Barrett is a is a Catholic, but somehow it matters Almighty. strong proponent of upholding the rule what sort of Catholic she is. These are I yield back. of law over privately held desires for The PRESIDING OFFICER (Mr. unconstitutional distinctions without what it should say, whether they are HOEVEN). The assistant majority lead- differences. based on one’s religious convictions or In addition, otherwise respectable er. some other reason. Mr. CORNYN. Mr. President, last news outlets have provided sensational Former Chief Justice William night we held a cloture vote on the reports of Professor Barrett’s personal Rehnquist once said that no judicial nomination of Amy Coney Barrett, who nominee is a tabula rasa—a blank charismatic religious practices. As a has been nominated to the U.S. Court Member of the Senate, I find this trou- slate. That is also true of Ms. Barrett. of Appeals for the Seventh Circuit. She is a person of faith who doesn’t bling, as a person of faith, I find this Thanks to a unanimous consent re- hide it, and she certainly need not objectionable, and above all, as an quest by the majority leader just mo- apologize for it either, nor is it a dis- American, I find this abhorrent. ments ago, we will be voting on that It is religious liberty—enshrined in nomination at around 4 p.m. That ap- qualification for her serving as a judge constitutional provisions like article peals court covers cases from Indiana, on the circuit court of appeals. The article she coauthored 20 years VI and the First Amendment—that has Illinois, and Wisconsin. allowed my faith and so many others By all accounts, Professor Barrett is ago stated that judges should not shy to flourish in the United States. It is a devoted wife and the mother of seven away from honoring and upholding also religious liberty that is threatened children. She is also an exemplary core tenets of their religious faith and when we seek to evaluate the fitness of scholar whose research focuses on Fed- recusing or disqualifying themselves nominees for high office based on reli- eral courts, constitutional law, and when—in very rare cases—judicial deci- gious orthodoxy. statutory interpretation. By all ac- sion making may constitute coopera- I have endeavored to be consistent on counts, she is a consummate profes- tion with evil. In other words, if there this issue during my time in public sional, a beloved teacher, a gifted writ- were a conflict between her religious service. When the Presidential nominee er, and a generous person. There is no beliefs and the law in a way that she of my party—the party of Lincoln— doubt in my mind she would make an could not reconcile, clearly she would called for a Muslim ban, it was wrong, excellent addition to one of our Na- make that choice, in an individual and and I said so. That is not what we tion’s highest courts. rare case, by recusing herself from de- stand for. When a judge expressed his We know, based on what we have ob- ciding that case rather than imposing personal belief that a practicing Mus- served in the Senate since President her religious views or other deeply held lim shouldn’t be a Member of Congress Trump was sworn in on January 20— personal views in place of the Constitu- because of his religious faith, it was and some of the comments made by the tion and the law. That is commendable. wrong; that this same judge is now my distinguished former chairman of the It is not controversial—or it shouldn’t party’s nominee for the Senate from Senate Judiciary Committee from be. To attempt to faithfully honor both Alabama should concern us all. Reli- Utah, Senator HATCH—we know that the law and one’s deeply held moral gious tests have no place in Congress. our Democratic colleagues are delib- convictions is what we all do every Standing up for people of faith— erately slow-walking judicial and other day. It is not an either/or situation. whether Muslim or Catholic—who are nominations, but it makes absolutely Some liberal interest groups have en- facing unfair prejudice should be an act no sense to slow-walk the nomination gaged in smear tactics against Pro- of basic conscience. It should be ex- of Professor Barrett. fessor Barrett. They are trying to dis- pected of all of us, regardless of party. They should remember some of their credit her by making spurious claims It is no better for Democrats to evalu- own previous statements. For example, about organizations that she has given ate the judicial nominee based on how the senior Senator from Vermont said presentations to and by distorting the many books are in the Bible on which in 2013: ‘‘We need more women in our text of the very article I just men- she swears her oath, than it is for Re- Federal courts,’’ emphasizing that tioned. We all remember, for example, publicans to judge a Congressman who ‘‘women are grossly underrepresented’’ questions during the Judiciary Com- swears his oath on the Koran. there. Well, Professor Barrett would mittee hearing about ‘‘orthodox Catho- To suggest that somehow a Roman help solve what the Senator from lics.’’ One of my colleagues admitted to Catholic judge would discard the Con- Vermont claimed he saw as a problem. having an ‘‘uncomfortable feeling’’ stitution in favor of Church doctrine— The junior Senator from Washington about the nominee and stated with which she has emphatically and repeat- that same year said that having more mild disdain that ‘‘the dogma lives edly said she would not—is as wrong as females on the court is ‘‘incredibly im- loudly within’’ Professor Barrett— suggesting that a Muslim judge would portant.’’ I agree. That is all the more whatever that means. This sort of be somehow forced to follow sharia law reason for this body to expedite Pro- backhanded way of painting the pro- over the Constitution. fessor Barrett’s confirmation instead of fessor as somehow radical or out of the Religious liberty must not depend on dragging our heels because, as I said mainstream, insinuating that because the religion in question. So I ask, in yesterday, thanks to the former Demo- her moral views may be unfashionable light of these circumstances, who will cratic majority leader, Harry Reid, the in some of the circles in which some of stand today against all cases of reli- Democratic’s delay tactics will not the Senators operate—the idea that gious bigotry? Are there true liberals change the outcome. they are somehow disqualifying should

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.033 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6906 CONGRESSIONAL RECORD — SENATE October 31, 2017 be completely out of bounds in the I yield the floor. Also, 450 former students signed a United States of America because our I suggest the absence of a quorum. letter to the Judiciary Committee in Constitution prohibits religious tests The PRESIDING OFFICER. The support of Professor Barrett’s nomina- for public service. clerk will call the roll. tion. They wrote: ‘‘Our support is driv- In the strongest of terms, I reject The assistant bill clerk proceeded to en not by politics but by a belief that this line of questioning or the insinu- call the roll. Professor Barrett is supremely quali- ation that follows from it. If we tol- Mr. YOUNG. Mr. President, I ask fied.’’ erate this sort of commentary and unanimous consent that the order for All 49 of her fellow faculty members these religious tests, I fear that even the quorum call be rescinded. at Notre Dame Law School did the worse, more openly hostile religious The PRESIDING OFFICER. Without same. They said: objection, it is so ordered. discrimination will result down the We have a wide range of political views, as Mr. YOUNG. Mr. President, I rise road. We should not start down this well as commitments to different approaches today to speak in support of a fellow to judicial methodology and judicial craft. path. Hoosier, Amy Coney Barrett, who has I join my colleague, the senior Sen- We are united, however, in our judgment been nominated by President Trump to ator from Utah, who questioned quite about Amy. serve on the U.S. Circuit Court of Ap- legitimately whether certain of our Their endorsement comes as no sur- peals for the Seventh Circuit. colleagues were beginning to impose an prise since Professor Barrett has served Professor Barrett’s credentials are on committees dedicated to bettering inappropriate, unconstitutional, and well known. She is a mother of seven highly disconcerting religious litmus the lives of students, faculty, and em- children, a distinguished legal scholar ployees of the University of Notre test for public office. Of course, there at the University of Notre Dame Law should never be such a test, not in the Dame. School, where she herself graduated In particular, she has dedicated her United States of America under this with high honors and served as editor Constitution. time to the professional development of the Notre Dame Law Review. She of women. She serves on the University In Professor Barrett’s case, she clerked for Justice Antonin Scalia on passes with flying colors the only tests of Notre Dame’s Committee on Women the Supreme Court of the United Faculty and Students. As the faculty that are appropriate. Let’s talk for a States and Judge Silberman on the Cir- moment about her impeccable creden- adviser for Notre Dame Law School’s cuit Court for the District of Columbia, Women’s Legal Forum, she has twice tials, which show not only that she is and she is an expert on the Federal highly intelligent but also that she is been recognized by her students with courts. the Distinguished Teaching Award, widely respected by a diverse array of Unfortunately, some of my col- which is selected by the graduating students, scholars, and practitioners. leagues on the left have made an issue class to honor a faculty member. She She received her undergraduate de- of Professor Barrett’s Catholic faith. was selected twice to receive that gree magna cum laude from Rhodes Echoing what Leader MCCONNELL has award. College and her law degree summa cum said, we do not have religious tests for laude from the University of Notre One former student, Conor Dugan, office in the United States of America, shared his story about her willingness Dame, where she finished first in her period. to help him navigate the next steps of law school class. She has been twice se- I applaud all of those who have spo- his career right after law school. He lected as the Distinguished Professor of ken up as the Senate weighs Professor the Year at Notre Dame, where she has Barrett’s confirmation. That includes said that despite not having Professor taught since the year 2002. Notre Dame president, Rev. John Jen- Barrett for a big class, she wrote him It is clear that her students love her. kins. He expressed deep concern at the back right away and took time out of They seek out her classes and are in- questioning of Professor Barrett’s her busy schedule to help someone who spired by her formidable presence and faith. Following Professor Barrett’s was no longer at the school. Conor says Professor Barrett has al- her piercing analysis. All of her fellow hearing in the Senate Judiciary Com- ways been very responsive and a gen- faculty members have endorsed her. mittee, Reverend Jenkins wrote: ‘‘It is erous mentor over the years. Most im- Every full-time member of the Notre chilling to hear from the United States portantly, he said, she tries to help Dame law faculty has supported her Senator that this might now disqualify people keep their perspective about the nomination. As on any law school fac- someone from service as a federal ulty, that presumably includes schol- most important things in life. judge.’’ Judge Silberman, for whom Professor ars who self-identify as liberal. The president of Princeton Univer- Barrett clerked on the Circuit Court In a separate letter, 70 law professors sity has also asked the Senate to avoid for the District of Columbia, had the from across the country, representing a a religious test in judicial appoint- following to say about why she will broad range of political perspectives ments. In a letter to the Senate Judici- make an outstanding Federal judge: and areas of expertise, called the pro- ary Committee, President Eisgruber fessor’s qualifications ‘‘first-rate.’’ wrote that Professor Barrett and all She is an honorable and straight as an arrow woman. She looks at the law without They strongly urged her confirmation nominees ‘‘should be evaluated on the preconceived notions, and she’s brilliant. She by the Senate and explained that Ms. basis of their professional ability and is the only law clerk I ever had from Notre Barrett ‘‘enjoys wide respect for her jurisprudential philosophy, not their Dame, and she is as smart as any law clerk careful work, her fair-minded disposi- religion.’’ He wrote: ‘‘Every Senator I have ever had. She is compassionate, and tion, and her personal integrity.’’ That and every American should cherish and she has a lively sense of rumor. is exactly the type of person we need safeguard vigorously the freedom guar- Judges, former law students, fellow on the Federal bench. anteed by the inspiring principle set law professors, and even the American Finally, Professor Barrett’s legal ex- forth in Article VI of the United States Bar Association, who rates Professor perience is not just as an academic; she Constitution.’’ Barrett as ‘‘well qualified,’’ all seem to clerked for two highly respected Despite the rhetoric surrounding agree that she is well suited for the judges—Judge Laurence Silberman of Professor Barrett’s nomination, I have job. the DC Circuit and the late Justice yet to hear any significant doubts Now, being nominated to serve in a Antonin Scalia of the U.S. Supreme about her legal qualifications. lifetime appointment for a U.S. circuit Court. She followed those clerkships by Professor Barrett has made clear court of appeals is a privilege few in practicing appellate law at the pres- that her personal views will have no the legal profession will ever attain. tigious Houston-based law firm of bearing on her rulings as a judge. She This is a historic opportunity, as Pro- Baker Botts. These and other qualifica- brings the skill set and the tempera- fessor Barrett would be the first Hoo- tions show that Professor Barrett ment needed for the job. She will rule sier woman to have a seat on the Sev- would serve the cause of justice skill- according to the law and according to enth Circuit Court. fully and impartially. controlling precedents, and she will be I offer my strong support for Pro- I will close by saying to my col- faithful to the Constitution. There is fessor Barrett’s nomination, and I look leagues, let’s send Amy Barrett to the no question that Professor Barrett will forward to the Senate’s confirming her Seventh Circuit, where she belongs. make an outstanding appellate judge. today.

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.034 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6907 Thank you, Mr. President. Even when the United States, in its what it says—then, the judge looks at I yield the floor. earlier times, may have quietly dis- what the law says—not what it should The PRESIDING OFFICER. Under criminated against people of faith, it say, in his or her opinion, but what the the previous order, there are now 30 was never publicly stated. Sometimes law does say. So there is no real room minutes of postcloture time remaining, it took a long time for the first Jew to for a faith determination there. The equally divided between the two lead- serve on the Court and a little time for only job of the judge is to decide what ers or their designees, prior to a vote the first Catholic to serve on the Su- the law says. The second job, if there is on the confirmation of the Barrett preme Court, but there was never a a second job, would be to ensure that it nomination. stated question like there has been in also conforms to what the Constitution The Senator from Missouri. this Senate about those topics. It is says the Congress and the President Mr. BLUNT. Mr. President, I am here shocking, in many ways, that it would are allowed to do. today to join my colleague from Indi- be something we would be talking One thing the Congress and the Con- ana in support of the nomination of about in the United States of America stitution are not allowed to do is to es- Amy Coney Barrett to be on the U.S. today. tablish a religious test for public of- Court of Appeals for the Seventh Cir- The idea that a qualification for pub- fice. Whether Americans have any faith cuit. As we all know, that is the high- lic office would require a religious test, or no faith at all, they should be con- est court you can serve on, except for in fact, was specifically prohibited not cerned if we begin to talk about this the Supreme Court. The circuit court just in the Bill of Rights, in the protec- differently. Even though it was already is the court that often makes the final tions for religion there, but in the Con- in the Constitution, the Founders list- determination of what the law says if stitution itself. The people who wrote ed freedom of religion as the first free- the Supreme Court chooses not to act the Constitution did so at a time when dom in the First Amendment. No other or isn’t asked to act. These are impor- a religious test was often the test for country has ever set out as one of its tant jobs to be filled and carry great service and of fealty to a specific reli- foundational principles freedom of reli- responsibility. gion or the tradition of fealty to the gion. This week, Amy Coney Barrett, two monarch, who was the head of the President Jefferson—not known to be other women, and one man will come church in that country. Many coun- the most religious of all of our Presi- before this Senate to be confirmed to tries had a church where the monarch dents and maybe to be the most ques- various circuit courts around the coun- was clearly understood to be the prin- tioning of religion generally—said in a try. As others have come to the floor cipal representative of the church in letter in the last year of his Presidency to point out, she is extremely qualified. that country. Even in a time when that that of all of the rights that we have, She should be confirmed by the Senate was still the case and fresh in their the one we should hold most dear is this week. minds and when there may have been what we called the right of con- In letters to the Senate Judiciary religious tests in some of the colonies— science—the right to believe what your Committee, 73 law professors agreed even then—in the Constitution, article conscience leads you to believe is the that ‘‘Professor Barrett’s qualifica- VI says: ‘‘No religious Test shall ever right thing to believe. Jefferson said tions for a seat on the U.S. Court of be required as a Qualification to any that is the right we should hold most Appeals for the Seventh Circuit are Office or public Trust under the United dear. Whether you are Muslim or Jew- first rate.’’ States.’’ ish or Catholic or Buddhist or any Her former law school students wrote So is it even appropriate to ask a re- other faith or no faith at all, there is that they would like to see her on the ligious question? Most questions in no religious test. For any individual court. America you are free to ask, but are and for all individuals of any faith or She is a distinguished scholar in you free to ask that under the deter- all faiths or no faith, religious freedom areas of law that matter most to the mination of the Constitution, as if it includes the right of an individual to Federal courts. She respects the Con- matters? In response to this line of live, to work, to associate, and, if they stitution. She understands that the job questioning, some members of the Sen- choose, to worship in accordance with of a judge is to see what the Constitu- ate Judiciary Committee made it clear their beliefs. tion and the law say, rather than what that it is never appropriate for those The belief that a person’s religion she thinks they should say. She is questions to be asked, while others would in some way disqualify that per- known for her careful work, for her asked them. But Professor Barrett, in son from public service has to be fairminded disposition, and for her per- her own writings, has said that if a per- strongly and fully rejected. sonal integrity. son’s religious faith or their faith prin- There is no other legitimate question Similar things have been noted by ciples ever become an obstacle to de- raised about this nominee today. So people who served with her as Supreme termining what the law says, then they certainly I am pleased to see many of Court law clerks. Law clerks, her should step back and not be a part of my colleagues come to the floor to talk former students, and lots of other that case. They should not, according about this topic. Professor Barrett did groups that have had reason to know to her, impose their personal convic- receive some bipartisan support on the her and evaluate her work over the tions on the law but read what the law cloture vote yesterday. One way to years have been universal in one thing; says. If they can’t do that, they should demonstrate that there is clearly no that is, that she would be a great addi- make way for a judge who can. I think, objection to a person of faith, who says tion to a circuit court in the United maybe, that is one of the differences in that faith should never get in the way States and particularly to this court. a judicial nominee who believes that of the job they do as a judge, is simply It is discouraging that during her their job is to determine what the law to vote for the judge. confirmation hearings, several of my says as opposed to determining what I intend to do that today. I urge my colleagues felt it appropriate to ques- the law should say. colleagues to do that as well. A life- tion Professor Barrett’s faith. She is So we have somebody here who is time appointment to the circuit court not the only one of President Trump’s well prepared, well written, and who of the United States of America is no nominees who have been subject to this has clearly made the case that her job small obligation. It is no small trust in line of questioning. In fact, in June, as a judge—or any judge’s job—would an individual’s capacity to do the job one Senator held out the idea that a not be to determine what the law that you ask them to do. All of the person who was going to be in the Of- should say based on their view of faith nominees—the four circuit nominees fice of Management and Budget might or their view in the world but to look whom we will have before us this not be well suited or able to serve in at the law and say: What does the law week—are prepared for these jobs. I that job not because he didn’t have the say? wish them happy service and a long background, not because he didn’t have The Constitution guides the Con- and healthy life as they set out on the the preparation, not because he didn’t gress. The Congress passes the law. As task that they have agreed to accept, if know what the job was all about but long as that law meets constitutional and when they are confirmed, and this because of his answers to questions principles based on what the Constitu- week the Senate will confirm them to about his personal view of faith. tion says—not what it should say, but these jobs.

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.035 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6908 CONGRESSIONAL RECORD — SENATE October 31, 2017 I yield the floor. Senate the pending cloture motion, EXECUTIVE CALENDAR I suggest the absence of a quorum. which the clerk will state. WASTEFUL GOVERNMENT SPENDING AND The PRESIDING OFFICER. The The senior assistant legislative clerk ECONOMIC GROWTH clerk will call the roll. read as follows: Mr. PERDUE. Mr. President, since The bill clerk proceeded to call the CLOTURE MOTION 2001, the Federal Government has ex- roll. ploded in constant dollars from $2.4 Mr. HOEVEN. Mr. President, I ask We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the trillion in 2000 to last year almost $3.9 unanimous consent that the order for Standing Rules of the Senate, do hereby trillion in costs. Those are constant the quorum call be rescinded. move to bring to a close debate on the nomi- dollars. In September of this year, just The PRESIDING OFFICER (Mr. nation of Joan Louise Larsen, of Michigan, a few weeks ago, our national debt sur- STRANGE). Without objection, it is so to be United States Circuit Judge for the passed $20 trillion for the first time, ordered. Sixth Circuit. and no one in Washington blinked an Mitch McConnell, Steve Daines, Tom VOTE ON BARRETT NOMINATION eye. If that is not enough of a wakeup The question is, Will the Senate ad- Cotton, Pat Roberts, John Boozman, Mike Rounds, Patrick J. Toomey, John call, this debt is projected to increase vise and consent to the Barrett nomi- Barrasso, Cory Gardner, Richard Burr, over the next 10 years, according to the nation? Thom Tillis, Roger F. Wicker, James budget we are operating under now, by Mr. INHOFE. Mr. President, I ask for E. Risch, John Cornyn, Lamar Alex- another $11 trillion. If that is not the yeas and nays. ander, Dan Sullivan, Chuck Grassley. enough, over the next 30 years alone, it The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. By unan- is projected that over $100 trillion of sufficient second? imous consent, the mandatory quorum future unfunded liabilities—Social Se- There appears to be a sufficient sec- call has been waived. curity, Medicare, Medicaid, pension ond. The question is, Is it the sense of the benefits for Federal employees, and the The clerk will call the roll. interest-only debt—are coming at us The bill clerk called the roll. Senate that debate on the nomination like a freight train. These are unfunded Mr. DURBIN. I announce that the of Joan Louise Larsen, of Michigan, to liabilities. Senator from Missouri (Mrs. MCCAS- be United States Circuit Judge for the Today, with $20 trillion in debt, we KILL) and the Senator from New Jersey Sixth Circuit, shall be brought to a are only paying about $270 billion every (Mr. MENENDEZ) are necessarily absent. close? year in interest only. I say that be- The PRESIDING OFFICER (Mr. The yeas and nays are mandatory cause just in the last year, we have JOHNSON). Are there any other Sen- under the rule. seen four increases in the Federal funds ators in the Chamber desiring to vote? The clerk will call the roll. rate, which fundamentally increases The result was announced—yeas 55, The senior assistant legislative clerk our interest by 100 basis points. That nays 43, as follows: called the roll. Mr. DURBIN. I announce that the 100 basis points over the next few years [Rollcall Vote No. 255 Ex.] will grow our interest on the debt by Senator from Missouri (Mrs. MCCAS- YEAS—55 more than $200 billion on top of the KILL) and the Senator from New Jersey Alexander Flake Paul $270 billion. By the way, today that is Barrasso Gardner (Mr. MENENDEZ) are necessarily absent. Perdue almost 25 percent of our discretionary Blunt Graham Portman The PRESIDING OFFICER. Are there Boozman budget, already, just at the $270 billion. Grassley Risch any other Senators in the Chamber de- Burr Hatch Roberts If it doubles, it will be almost half of siring to vote? Capito Heller Rounds our discretionary budget. If interest Cassidy Hoeven The yeas and nays resulted—yeas 60, Rubio rates just go back to their 30-year Cochran Inhofe Sasse nays 38, as follows: Collins Isakson Scott norm—between 4 percent and 5 per- Corker Johnson [Rollcall Vote No. 256 Ex.] Shelby cent—we could be paying as much as $1 Cornyn Kaine Strange YEAS—60 Cotton Kennedy trillion on our Federal debt. That is al- Crapo Lankford Sullivan Alexander Flake Paul most equal to today’s discretionary Cruz Lee Thune Barrasso Gardner Perdue budget. Tillis Daines Manchin Blunt Graham Peters It is going to take a long-term fix. Donnelly McCain Toomey Boozman Grassley Portman Enzi McConnell Wicker Burr Hatch Risch We can’t tax our way out of this prob- Ernst Moran Young Capito Heitkamp Roberts lem. We can’t cut our way out of this Fischer Murkowski Carper Heller Rounds problem, and we can’t just simply grow Cassidy Hoeven Rubio NAYS—43 Cochran Inhofe Sasse our way out. It is going to take a Baldwin Gillibrand Reed Collins Isakson Scott multifaceted approach. There are five Bennet Harris Sanders Corker Johnson Shelby interwoven imperatives that are at Blumenthal Hassan Schatz Cornyn Kennedy Stabenow work in solving this problem. It is one Booker Heinrich Schumer Cotton Lankford Strange Crapo thing to call the crisis, but it is an- Brown Heitkamp Shaheen Lee Sullivan Cruz Manchin Thune Cantwell Hirono Stabenow other to call out the ways to fix it, and Daines McCain Tillis Cardin King Tester they are all within our grasp today. Donnelly McConnell Toomey Carper Klobuchar Udall No. 1, we need to fix Washington’s Casey Leahy Enzi Moran Warner Van Hollen Coons Markey Ernst Murkowski Wicker broken budget process. Warner Cortez Masto Merkley Fischer Nelson Young No. 2, we need to root out all the Warren Duckworth Murphy wasteful spending in the Federal Gov- Whitehouse NAYS—38 Durbin Murray ernment today. Feinstein Nelson Wyden Baldwin Franken Murray Franken Peters Bennet Gillibrand Reed No. 3, we have to grow the economy Blumenthal Harris by repealing and pulling back on a lot NOT VOTING—2 Sanders Booker Hassan Schatz of regulations that are unnecessary, by McCaskill Menendez Brown Heinrich Schumer revamping our tax structure and by Cantwell Hirono The nomination was confirmed. Shaheen unleashing our energy potential. Cardin Kaine Tester The PRESIDING OFFICER. Under Casey King Udall No. 4, we have to save Social Secu- Coons Klobuchar the previous order, the motion to re- Van Hollen rity and Medicare, of which both trust Cortez Masto Leahy Warren funds go to zero in 14 short years. consider is considered made and laid Duckworth Markey Whitehouse upon the table and the President will Durbin Merkley Lastly, we finally have to get after be immediately be notified of the Sen- Feinstein Murphy Wyden the real drivers of spiraling healthcare ate’s action. NOT VOTING—2 costs. f As we are working to change our ar- McCaskill Menendez chaic tax system to become competi- CLOTURE MOTION The PRESIDING OFFICER. On this tive with the rest of the world and to The PRESIDING OFFICER. Pursuant vote, the yeas 60, the nays 38. get our economy rolling again, I want to rule XXII, the Chair lays before the The motion is agreed to. to talk about two things today. One is

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.036 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6909 this wasteful spending, and two is eco- This is spending in error. These are It is going to take tough decisions to nomic growth. These are two of the just common mistakes made by an solve the debt crisis, and we are going five imperatives that I just outlined. oversized bureaucracy. It is not a par- to have to be making these very quick- According to the General Account- tisan talking point. Both sides bear re- ly, but eliminating redundant spend- ability Office, today and also every sin- sponsibility in this debacle. ing, improper payments, and elimi- gle year, this Federal Government Again, these are numbers from the nating this tax gap are at the top of wastes hundreds of billions of dollars. nonpartisan Government Account- the list. It is estimated today—and this bipar- ability Office. I am apoplectic that I Along with reducing our spending by tisan organization has identified this— even have to be here bringing this to almost 20 percent each year, we need to that we are overspending about $700 the attention of my colleagues. Wash- grow the economy to solve this debt billion a year. ington knows about these problems and crisis. The single most important thing Let’s put that in perspective. As I has known for years—decades. Yet that we can do to grow the economy just said, we spent $3.9 trillion running nothing is done. A former Member, this next year is to change this Tax the entire Federal Government. That is Senator Tom Coburn, actually worked Code. about $1 trillion for discretionary hard on this. There are others who are Let me remind this body that so far spending and about $3 trillion for man- beginning to pick up this mantle here, this year, under this President’s guid- datory spending—so almost $4 trillion. as I am. ance, we eliminated over 860 rules. Of that, over $700 billion has been iden- But as we talk about the tax package These were rules made by the Federal tified as wasteful spending. I will de- changes—the tax changes that will get Government that were choking the scribe those in a second, but to put it this economy growing again—I wanted very life out of our free enterprise sys- in perspective, that is almost 20 per- us to reflect on the opportunity we tem. The result of that this year alone cent of everything we spend as a Fed- have right here that can more than pay is that in the third quarter we have eral Government. It is a larger number for what we need to do to give the mid- now achieved a 3-percent growth again. than what we spend on the national se- dle class a tax break and get our econ- This is not the Holy Grail. curity of our country. Let me say that omy growing again. There are things Who knows what this economy again. The number identified by the identified in this report by the Govern- should be growing at right now if we General Accountability Office of waste- ment Accountability Office. There are just get Washington out of the way? ful spending is larger than what we recommendations that can get at most Part of the way to do that is to correct spend on our military. of this $700 billion of wasted spending. this archaic tax policy. Changing the There are three facets to this as they Let me give you a couple of exam- Tax Code will mean more jobs and outlined. No. 1 is redundant agencies. ples. If the Department of Defense just higher wages for the American worker. These are agencies targeted to do ex- manages commissaries more effec- For example, if we eliminate the repa- actly the same thing that one adminis- tively, there is a $2 billion opportunity triation tax on our corporations— tration or another has come in and there over the next 5 years. If the De- again, we are the last country in the added and that basically do the same partment of Defense weapon acquisi- world to have a double tax on U.S. things. That costs about $135 billion tion programs were more effective, it is profits made overseas—it is estimated every year. estimated that tens of billions of dol- by independent, nonpartisan groups, Just since 2003, we spent $1.2 trillion lars over the next 10 years could be that this would mean $4,000 to $9,000 of in improper payments. That is about saved in terms of purchasing the same annual income for the average worker $144 billion every year. These are over- level of equipment and machinery. If in the United States. payments—improper payments. This is the Department of Defense simply I don’t know what else to tell you, not fraud. This is not anything like completed an audit, we believe it would except that we are not competitive that. It is basically an administrative identify further opportunities for wise today. We have to become more com- error, where the Federal Government spending of our taxpayers’ money. petitive. What we are talking about has made a mistake and made improper But since coming to the United here should not be partisan issues. payments—Social Security Disability, States Senate, I was shocked to under- America needs to be competitive. We SNAP overpayments, unemployment stand that the largest line item on our all know that. insurance, and others. This is out- budget has never been audited. It is The idea that bigger government will rageous. high time that we complete that audit. create more jobs has been proven not The third item is that it is estimated By the way, there is a law that was to work. Look at the last 8 years. We that we have a net tax gap of $406 bil- passed in this body in 1991 requiring have had the lowest economic growth lion. This is a 17-percent error rate in the Department of Defense to submit in the history of the United States. the IRS Tax Code. That means that an audit. Here we are in 2017, and we As we debate how to fix this archaic people are underpaying or not paying still don’t have that audit. tax system and become competitive what is calculated, according to the In my opinion, as hard as it is for the with the rest of the world, I am re- General Accountability Office. The American people to earn their salaries minding us tonight that we also need Federal Government last year took in and to pay their taxes, it is uncon- to get serious about cutting this waste- almost $3.5 trillion of taxes. Yet we had scionable that I am standing before the ful spending. This spending is not bene- this $400 billion. That is a 17-percent U.S. Senate tonight reminding us all fiting anybody. It is not providing for error rate. I don’t know what else to that there is $700 billion a year that we national security. It is not taking care say. Those three things add up to about spend in error—just bureaucratic error. of people who need help. These are just $700 billion of wasted spending. We Because of that and because of this fi- simply overpayments, mispayments, have to get to the bottom of this. Let nancial intransigence, we have built up and they are creating problems that me also put it in perspective another a debt that has created a crisis in our should not have been created. Changing way. That $700 billion every year is $7 country. Because of these years of fis- the Tax Code, as I said, is a historic op- trillion over the next 10 years. cal intransigence, we are losing the portunity to generate growth and This tax package we are talking ability to fund our government the way make us more competitive. Elimi- about has an initial cost of about $1.5 it should be funded. nating this spending, which amounts to trillion, as identified by both sides, be- We are losing the right to do the 20 percent of what we spend as a Fed- fore you get to the economic growth right thing when it comes to funding eral Government, is absolutely manda- that more than pays for it. A 0.4 per- things like emergencies and disaster tory. People back home should be de- cent of growth pays for this tax pack- relief efforts. Just a couple of weeks manding that. age that we are working on. But this $7 ago, we passed a $15 billion relief pack- There is a lot of heavy lifting to dig trillion of wasted spending is over- age for two hurricanes. Last week, we out of this debt crisis, but these two spending by the Federal Government, passed a $36 billion supplemental, as if things I am reminding us of tonight unnecessarily. Nobody in this body—no nothing had happened. Every time we should be at the top of the list. We sim- Democrat, Republican, or Inde- do that, it is borrowed money. We can ply cannot fail the American people to pendent—has voted on this spending. wait no longer to solve this debt crisis. get this done. I am committed to that.

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.044 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6910 CONGRESSIONAL RECORD — SENATE October 31, 2017 I urge my colleagues to take seriously They came here escaping horrific in Riverdale, MD. They have a 14-year- this opportunity we have of changing conditions in their home country—con- old son, Miguel Junior. He is a fresh- our Tax Code. It is historic. At the ditions brought about by war, by earth- man at Don Bosco Cristo Rey High same time, we have to get serious quakes, and by other natural disasters. School in Takoma Park. Unfortu- about eliminating our redundant, out- They came to the United States under nately, their son now lives in fear that rageous, and unnecessary spending. a program called Temporary Protected if the Trump administration doesn’t I yield the floor. Status or TPS. It is a humanitarian extend that protected status next The PRESIDING OFFICER. The program that says, if you are fleeing a month, his parents could be deported clerk will report the pending nomina- country because of one of these horrific to Honduras early next year. In other tion. conditions, during that short period of words, if TPS is not extended for The senior assistant legislative clerk time, you can legally come to the Hondurans and others from those other read the nomination of Joan Louise United States. countries, they will be in the same po- Larsen, of Michigan, to be United For example, Liberia was granted sition. States Circuit Judge for the Sixth Cir- TPS status because of the Ebola crisis. Jose Ramos is a TPS resident who cuit. Some Liberians came to the United owns his own freight company and has The PRESIDING OFFICER. The Sen- States to seek refuge and were granted his own home. He is actually a job cre- ator from Maryland. legal status here under that humani- ator. He employs other people in our Mr. VAN HOLLEN. Mr. President. I tarian program. Haiti was granted TPS community. The question is whether agree with my colleague from Georgia status after the 2010 earthquake, which he will be allowed to stay. that we need to simplify our Tax Code. killed over 300,000 Haitians. El Sal- I want to emphasize that in order to We need real tax reform. We have seen vador was also granted TPS status be- continue under the TPS status, these a lot of junk built up in the Tax Code cause of a devastating earthquake that individuals have to be vetted every 6 to over many years, put there by special took place in El Salvador. So these are 18 months to make sure that they are interests that seek special deals for individuals who came to the country here working and that they are law- themselves—deals that are not enjoyed legally under this program to grant abiding. The statistics overwhelmingly by the American public. We should do protection to people who are fleeing show that these are exactly the kinds tax reform. devastating situations. Many of these of people we want to have in the United What we should not do is increase TPS individuals have been in the States helping in our communities and our national debt and our national United States for over 20 years now. helping build jobs. For example, 94 per- deficits, and we all know that the They are small business men and cent of the men and 82 percent of the budget plan that passed this Senate— women. They are homeowners. They women are working, and they have pro- and just recently passed the House— are contributing to our communities vided community services as well. In has written right into it an increase in and to our economy. fact, many of these individuals are the national debt of $1.5 trillion over The reason I am raising this issue helping provide hurricane relief down the next 10 years. In other words, it is today is that 5 days from now, next in Texas. So I come to the floor today simply engineered right into that bill. So I week, the Department of Homeland Se- to urge our colleagues to call upon the hope our colleagues who really do care curity will announce whether they will President and the Trump administra- about reducing our national debt will continue to allow these individuals to tion to make the right decision with make sure that, as we discuss this tax stay in this country, individuals who respect to these individuals who, No. 1, proposal, we do not increase our na- came here with this protected status, came to the United States legally, tional debt. individuals who came here legally, in- under a humanitarian program; No. 2, We should, of course, eliminate un- dividuals who, in many cases, have go through a periodic vetting process necessary and wasteful expenditures, been here 20 years or more. In 5 days to ensure that they are playing by all but we should not have a tax proposal the Department of Homeland Security that increases our debt by $1.5 trillion the rules; and No. 3, in many cases they will decide whether individuals who have been here as long as 20 years, have and possibly more. As it appears now, came here from El Salvador and Hon- that would primarily be done to pro- built small businesses, are living in our duras and then made their home here— communities, and have children who vide big tax breaks to very wealthy whether they can stay or whether they people and big corporations, at the ex- are American citizens. will be subject to deportation early I call upon all of us to ask the admin- pense of everybody and everything else next year. The decision by DHS on Hai- in the country. istration to make the right decision tians who came here under the pro- next week so that these people who But we will have a fuller debate tected status program is due on No- starting tomorrow when the House have contributed to our communities vember 23. and to our country are allowed to stay Ways and Means Committee unveils its I think we can all see that while this proposal. and not be subject to deportation early matter has not hit the headlines yet, it next year. TEMPORARY PROTECTED STATUS IMMIGRANTS will soon be grabbing more attention Let’s do the right thing for our coun- Mr. President, we have also had a around the country. try. Let’s make sure that we continue pretty vigorous discussion in this body I come to the floor today to call upon to allow these individuals who have and around the country about the President Trump and to call upon Act- played by the rules and who have come Dreamers. These are young people who ing Secretary Duke to make the right here legally to stay and continue to were brought to the United States as call and to make the humane call to contribute to our country. kids. They have grown up knowing allow these individuals to stay in the I yield the floor. only America as their home. They United States. They are hard-working The PRESIDING OFFICER. The Sen- pledge allegiance to our flag, and it is people who have been playing by the ator from Florida. really important that in the coming rules. Mr. RUBIO. Mr. President, I ask months, we ensure that they have a se- Let me share the story of Norma Her- unanimous consent to speak as in cure home and place in the country. It rera and Miguel Espinal, who fled Hon- morning business. is imperative that we address that duras back in 1998. Seeking a better The PRESIDING OFFICER. Without issue soon because, of course, President life, they fled after Hurricane Mitch. objection, it is so ordered. Trump has started the clock ticking on The United States decided that the TAX REFORM their deportation early next year. hurricane was so severe and that it had Mr. RUBIO. Mr. President, tomorrow But I come to the floor today to talk such catastrophic humanitarian con- the House will announce its plan for about another group of people who sequences that we should create that tax reform as a starting point. I doubt have not gotten much news coverage little window of time when people everybody here will agree with every- but really demand the attention of the could come here legally. They applied, thing that is in it, but I imagine we country. That is the future of about and they were granted protected sta- will find a lot of good in it, and it will 300,000 immigrants who came to the tus. They have worked very hard to be a good starting point for this de- United States legally. build and create the American dream bate. But it actually is about a broader

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.045 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6911 topic that I hope will be a part of our English when they arrived. They had to tribute to its future but also doing conversation about tax reform because struggle to learn it, but they did. They what you need to do to raise your fam- it hasn’t been enough of a part of our ended up being a bartender and a maid. ily and instill in them the values you national discourse over the last 20 People who know me or who have think are important. years. heard me speak before know that I think it would be a terrible mistake When we think about the history of story. It is one I tell not because I to enter into tax reform—perhaps one this country, one of the things that want you to know more about me but of the most meaningful public policy truly distinguishes us is not that we because I want you to understand what debates we will have had in this city, have rich people. Every country in the motivates me in public policy. certainly in the time I have been here world has rich people. We have an ex- Even though my dad worked in the and perhaps for the better part of two traordinary amount of success. We service sector his entire life and my to three decades in terms of our econ- have earned success in this country, mother did as well, they owned a home omy—without in any way talking and we celebrate it; we don’t criticize and they retired with dignity. All four about what tax reform means for the it. But every society in the world has of their kids went to college. That was millions of Americans I just described. rich people. possible through a combination of The one thing it should mean is that Sadly, we are also not the only coun- things: jobs that paid enough and the for those jobs that have left, some of try that has people who are poor, who ability to have programs like Social them should be able to come back be- are struggling. That is something that Security and Medicare that allowed cause, frankly, our own policies have challenges our principles, as a nation them to retire with dignity—programs forced some of those jobs to go some- founded on the idea of equal oppor- they paid into all of the years they where else. When other countries are tunity to life, liberty, and the pursuit were working. making it easier to open up factories of happiness. But the one thing that The reason I raise this is that people and create jobs over there instead of really distinguishes America is that, who fit that profile have been hurt over here, we are going to lose some of by and large, the overwhelming num- more than anyone else over the last 15 those jobs. I am not saying all of them ber of Americans do not consider them- to 20 years. It is not necessarily any- were a result of that, but a lot of them selves to be either rich or poor; they one’s fault. The economy has changed. were. If we have tax policies, as we do, consider themselves to be hard-work- For example, the jobs my parents once that do not allow us to compete and ing people. We can come up with any did don’t pay nearly enough to afford create those jobs here, we have to re- term we want, whether it is middle today what they could afford back verse that. class or working class, but these are then. As a bartender and a maid Tax reform should be about that, but basically people who work hard every today—if my parents were doing that it also has to be about working Ameri- single day to provide not just a better now, I am not sure what house they cans—not Americans who are rich and life for themselves—to be able to retire would buy in Miami-Dade County, can hire fancy accountants and lawyers with dignity and leave their children where I live. I am not sure they would and even lobbyists to help them create better off than themselves. They take be able to buy one anywhere near special tax statuses. I am not talking pride in that. What they value is not where we live now, not because our about Americans who are depending on how much money they make or how neighborhood is some fancy place but government programs. I am not talk- many things they own; it isn’t even the because everything costs so much com- ing about disability or Medicare or So- title of the job. They value the dignity pared to how much those jobs paid cial Security—programs they have paid that comes from the work they do, and, then. into; I am not talking about programs more importantly, they value what it So everything costs more, the jobs that assist anti-poverty programs—a allows them to do, and it is not com- aren’t paying enough, and then they whole other topic that we should talk plicated things. It allows them to own were hit with the recession. That is about one day because some of them a home in a neighborhood that is safe— just the nature of changes in our econ- aren’t working the way we hoped they not a mansion, but a home. We see that omy. Many people lost their jobs alto- would in terms of helping people escape every weekend. People spend countless gether. The industry they were once in poverty. I am talking about people who hours to constantly keep up the home vanished. It went to another country or work and they make just enough to not that they take great pride in, and they machines took their place or they just qualify for any of that stuff but not take great pride in their children and don’t need as many people as they used nearly enough to afford the cost of liv- their churches and their synagogues to because they are able to do more ing. That is just them. You add to that and their religious organizations and with fewer employees. the cost of raising those children. It is the voluntary groups that they belong Then they were hit with this reces- more expensive to raise kids today to. This has been the fundamental core sion, and it really hit them badly. than ever before, and the costs keep of our country. Maybe it wiped out their retirement going up, and the paychecks are not That does not mean that others who savings; it cut in half the value of their keeping pace. do not fit that profile are not impor- home, the most important investment There is nothing we can do in tax re- tant to the country, as well, but it is they have, and to this day they haven’t form by itself that solves all of those what distinguishes us because most fully recovered. problems, but there is no way we can countries in the world don’t really Then you add to all of that the idea do tax reform without addressing the have that. In most societies in human that in American politics today, we millions of Americans who feel as history, you are either rich or poor. spend an extraordinary amount of time though every time there is a debate in There are a lot of poor people and a debating how we can help everyone else Washington, it is about helping every- handful of people in whom all of the except for them. I don’t think we do one else except for them. wealth is concentrated. That sort of that on purpose or that people around Take, for example, the issue of the dynamic is what has separated us from here don’t care about people like that. child tax credit, which is called the the rest of the nations on Earth and, to I don’t know why it happens; I am just child tax credit, but it really is about this day, in many ways still does. telling you that it has. helping families—parents and children. This is something I talk about not The result is somewhat of a little bit Take, for example, a married couple because I read about it or because I saw of resentment, but certainly there is a with two children. Let’s say one of a documentary about it last weekend, sense of isolation and the notion and them works in a warehouse and the but because, in many ways, I lived it. the belief that they have been left be- other one is a home health aide. These My parents were that. Neither one had hind. They are upset about it, and they are not unusual jobs to find in the much of an advanced education. I don’t have a right to be. It is not just about economy. know how far my dad went in school— money, and it is not just about eco- Let’s say, based on the Bureau of probably not beyond third or fourth nomics; it is about the values of hard Labor Statistics, their annual income grade; my mom, perhaps not much work and dignity and responsibility combined is going to be around $55,000 more than that. They actually came to and doing what you need to do to be a a year. Depending on where you live— this country and barely spoke any good citizen of this country and con- that is not a lot of money probably

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President Trump has the child tax credit and leave it as it is, ing but who don’t make enough, then made his ideology very clear during his that couple making $55,000 with two the only way—and they are trying to first months in office: He is anti-immi- children—if we do nothing—they are raise a family—the child tax credit is grant, anti-union, anti-worker, and going to have a tax increase of $738. I the best way to do it. anti-woman. He prioritizes the inter- cannot imagine a single person here So as we move forward, I truly hope ests of corporations over the rights of voting for a tax reform package that that some of these voices I hear, treat- individuals. I am not often given to hy- does nothing on the child tax credit ing the child tax credit as some sort of perbole, but in this case I am so and thereby raises taxes on a couple welfare program or giveaway or gim- alarmed by Donald Trump’s nominees making $55,000 a year with two chil- mick, well, reconsider that attitude. to the Federal bench that calling them dren by a penny, not to mention $700 a Reconsider that attitude because the extreme is not extreme. year. child tax credit applies only to families Congress has a constitutional obliga- What if we do a little less, as some who are working, who make less than a tion, through advice and consent, to people are suggesting? Let’s just raise certain amount of money, and who are fight back against these types of ap- the tax credit to $500, but let’s not raising children, our future taxpayers. pointments. This is particularly impor- make it refundable against payroll tax. I am going to ask this: If our Tax tant for circuit court judges, but under They will get a tax cut of about $263. Code does not help working families, Republican leadership, the Senate is When you compare that to some of the given all the other challenges they shirking its responsibilities. Too often, tax cuts we are going to see in other face, how—that is inexcusable. How we are forced to consider too many parts of this tax reform, I would say can we pass tax reform that is loaded judges at one hearing. that is not nearly enough, certainly up on how we are going to help the The Judiciary Committee has al- ready had nearly as many hearings not enough to make a difference. business sector—and it should, because But what if you do this: What if we it creates jobs and it will have higher with two circuit court nominees on the hearing agenda in 9 months as the double the value of the tax credit from pay down the road and billions upon Obama administration had in 8 years. $1,000 to $2,000 and make it refundable billions of dollars to help the poor—but Sometimes they even add district court toward payroll tax? That couple with do nothing for the backbone of our and Department of Justice nominees to those two children will have a tax cut economy, the one thing we all say that an already crammed hearing agenda. of $1,263. That doesn’t solve all of their we take extraordinary pride in, the That is not right. Each circuit court problems, but it makes a difference. working class, the working people of nominee should be considered in a sep- I can give other examples. Others we this country? There is no way we can will get to in the weeks to come and arate hearing. have a tax plan that doesn’t do those There was a time when there was the days to come, but let’s just take a things—no way. If we do head in that consensus that controversial nominees family like the one I grew up in—a bar- direction, that will convince millions needed more scrutiny. Apparently, this tender and a maid. The median income of Americans that they were right all President is sending us who he deems of the bartender and the maid is about along, that the people in charge of this the best and the greatest nominees, $42,000, $43,000 a year. They have three country, in both parties, and the people and we are supposed to trust him that children. Without anything in the child who advise them don’t care about, look they will safeguard our rights and tax credit—we just leave it the way it down on, and have no idea about what treat all Americans fairly. In short, is and do the framework—they are life is like for people like them, who this I cannot do. going to pay $1,276 more in taxes. Can work hard every day, who seek nothing The Senate Judiciary Committee has you imagine a tax reform plan that from the government other than a fair an obligation to vigorously vet and raises taxes on a bartender and a maid chance. That is all they want. question these nominees, and we expect with three children, making $43,000 a All I am advocating for is that we them to be honest, candid, and com- year, and it raises their taxes by al- allow them to keep more of their own plete in their replies. We have had a most $1,300 a year? Who here is going money so that they can provide for number of very frustrating exchanges to vote for that? I dare you. You won’t. their families and a better future and so far at these nomination hearings. Actually, I don’t dare you. I don’t want rebuild those working-class values and On several occasions, nominees have you to vote for that. That is not what that working-class backbone that I be- disavowed direct quotes of their past we are going to do. lieve are what has made America so writings and comments, even when So let’s just do this symbolic thing: great. members of the committee repeat them Raise it by $500 and make it nonrefund- I look forward to continuing to work word-for-word and follow up with spe- able. They will get a tax cut of about in this direction. We better do some- cifics to the contrary. Sometimes the the same—$233. You might as well keep thing real, and we better do it right; nominees will acknowledge their past it because it won’t make any dif- otherwise, I don’t know how we pass statements, but they think we are ference. But what if we doubled the tax reform. I am hopeful that is where naive enough to believe them when value of the child tax credit and made we are headed. I know we still have they say that, if confirmed, they will it refundable toward payroll tax. Then, some work to do, and I know tomorrow ‘‘follow precedent.’’ their tax cut is $1,733. That is a tax cut. is only a starting point. But I will re- Give me a break. As circuit court That is the direction we have to go. peat, once again, any tax plan that judges, they will be involved in setting I have heard some people say we doesn’t cut taxes for working families or rewriting precedent if the judge goes shouldn’t make it refundable to payroll with children is not one worth sup- in that direction—which a judge could tax because that is just more people porting. I hope that is the direction in very well do. Some have even written who aren’t paying anything in taxes. which we will move. that they think that is what lower They are talking about the income tax. I yield the floor. court judges are permitted to do. I am That is the way people here talk and The PRESIDING OFFICER. The Sen- talking about district court judges. think. That is the way economists ator from Hawaii. CONFIRMATION OF AMY BARRETT think and the way accountants might Ms. HIRONO. Mr. President, the Just a short time ago, the Senate think. But for the people who work and American people depend on the Federal narrowly voted to confirm a nominee get a paycheck every week or every judiciary to be fair and unbiased. A who would apply her own ideology to two weeks, when they get that pay- judge should decide a case based on the the decisions she makes rather than check, it shows that money came out facts at hand and the law, not in serv- the law or precedent, and this nominee of their paycheck. It doesn’t matter if ice of a particular ideology. is Amy Coney Barrett. that money went into income tax or Over the past 9 months, I have been As a professor at the University of payroll tax; that is money they earned deeply concerned that President Trump Notre Dame Law School, Ms. Barrett’s

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.049 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6913 scholarly writings reveal a nominee I yield the floor. side experts, and industry on options, who questions the need to follow prece- The PRESIDING OFFICER. The Sen- capabilities, and considerations. We re- dent and who outlines specific condi- ator from Mississippi. ceived perspective from the key play- tions under which a judge does not BUILDING AND SUSTAINING A LARGER NAVY ers behind President Reagan’s naval have an obligation to follow precedent. Mr. WICKER. Mr. President, over the buildup in the 1980s. In a Texas Law Review article enti- past year, our Navy has had four seri- As the Fitzgerald and McCain colli- tled ‘‘Precedent and Jurisprudential ous mishaps at sea, including fatal col- sions have demonstrated, the short- Disagreement’’ she wrote: ‘‘I tend to lisions involving the USS Fitzgerald on term costs of ‘‘doing more with less’’ agree with those who say that a jus- one occasion and the USS John S. are simply unacceptable. The long- tice’s duty is to the Constitution and McCain on another. In the McCain and term implications will prove dev- that it is thus more legitimate for her Fitzgerald accidents, 17 of our sailors astating to American power and the to enforce her best understanding of were killed. global order it underpins. the Constitution rather than a prece- In response to these serious inci- The U.S. military’s commanders have dent she thinks clearly in conflict with dents, the Chief of Naval Operations, identified 18 maritime regions where it.’’ ADM John Richardson, directed the the Navy must secure American inter- In a University of Colorado Law Re- comprehensive review take place. ests. Our current naval strategy is de- view article, ‘‘Stare Decisis and Due Today, the Senate Armed Services signed to command the seas in those Process,’’ she wrote that the ‘‘rigid ap- Committee was briefed on the results regions. The Navy needs a minimum of plication’’ of stare decisis ‘‘unconsti- of this comprehensive review. The re- 355 ships to get this done. tutionally deprives the litigant of the sults will be made public either tomor- If the Navy cannot get the bare min- right to a hearing on the merits of her row or the next day, and Americans imum it needs, then our naval strategy claim.’’ will be able to see the serious situation must change—and, I can assure you, it In a third piece, ‘‘Statutory Stare we are in. would be a change for the worse. In- Decisis’’ in the Courts of Appeal, pub- There are various reasons for these stead of a global command of the seas, lished in the George Washington Law collisions and these fatalities, includ- what we would get would be a new, Review, she goes further, saying: ing, regrettably, human error and un- weaker strategy. ‘‘Whatever the merits of statutory fortunate circumstances, but, also, the What would this look like? In the Na- stare decisis in the Supreme Court, the review makes it clear that we are not tional Review article I previously men- inferior courts have no sound basis for doing right by our sailors, we are not tioned, authors O’Brien and Hendrix following the Supreme Court’s prac- doing right by the Navy, and we are lay out two alternatives. Neither one tice.’’ not doing right by the taxpayers, in of them are pretty. Her lack of respect for stare decisis is terms of making sure these brave men First, the Navy could strategically deeply disconcerting and raises serious withdraw from certain maritime re- concerns about her future conduct on and women have what they need. We need to work quickly with the gions and hope our allies and partners the court, if confirmed. will pick up the slack. Let Norway, Professor Barrett has also expressed Navy here in Congress to implement Denmark, and Canada patrol the Arc- a number of highly controversial polit- the recommendations that will be com- tic; let the Baltic States, Poland and ical positions that could influence her ing forward later this week. We need to Germany, patrol the Baltic Sea; let ability to fairly hear and decide the enhance training and readiness, and we Turkey, Romania, and Bulgaria patrol cases that come before her. need to recognize—and I think the ma- In criticizing the Supreme Court’s jority of this Senate does recognize— the Black Sea. Really? Let Taiwan, the ruling upholding the Affordable Care that the size of the fleet has contrib- Philippines, and Malaysia patrol the Act, for example, she wrote that Chief uted to the problems. South Sea China—and hope for the best Justice Roberts had ‘‘pushed the Af- Simply put, we need to acknowledge or we could return to the pre-World fordable Care Act beyond its plausible that the Navy has a supply-and-de- War II unacceptable surge and exercise meaning to save the statute.’’ mand problem. We have a demand for model. This strategy involved consoli- Her views on the rights of detainees more naval action than the supply of dating a smaller fleet into a few stra- are similarly disconcerting. In 2008, the our ships can produce. Our ship force tegic hubs, deploying occasionally for Supreme Court held that non-U.S. citi- has declined recently by some 20 per- exercises, and greatly reducing the zens held at Guantanamo Bay were en- cent. We are asking too few ships to do number of missions the Navy could per- titled to file habeas corpus petitions to too many things for American secu- form in peacetime and in crisis. challenge their detentions. She argued rity, and that needs to be rectified. In their article, O’Brien and Hendrix in turn that the Court’s decision in The consequences of this supply-and- note that these two strategies ‘‘make that case was ‘‘contrary to precedent demand mismatch were summed up by the past eight years of ‘lead from be- and unsupported by the Constitution’s naval analysts Robert C. O’Brien and hind’ look like an assertive foreign pol- text’’ and that the dissenters ‘‘had the Jerry Hendrix in a recent National Re- icy.’’ These two strategies would create better of the argument.’’ view online article. They argue that dangerous power vacuums and shifting During her confirmation hearing, the Navy is on the precipice of a allegiances. Our adversaries would use Professor Barrett ignored or deflected ‘‘death spiral,’’ wherein more over- the Navy’s absence to rewrite the rules with nonanswers the concerns I and my worked and damaged ships place an in- of global commons. Our allies would colleagues raised about her past state- creasingly greater strain on the re- accommodate challengers to the Amer- ments, beliefs, and judicial philosophy. maining operational ships, thus erod- ican-led order. Abandoned by America, Instead of addressing what she wrote ing readiness across the fleet. in some cases, they would have no head-on, Professor Barrett denied she I agree with Mr. O’Brien and Mr. choice but to cut deals with Beijing, was trying to overturn precedent and Hendrix that this situation will result Moscow, and Tehran. insisted she would follow the law. Her in ‘‘more collisions, more injuries, and I know my colleagues in Congress writings raise serious concerns to the more deaths in the fleet.’’ To avoid this want a different future. In fact, I am contrary. death spiral, we need to commit to hopeful we can take the first steps this Unfortunately, Professor Barrett’s growing the Navy and meeting its min- year toward building up the fleet. As nomination is not the only one we will imum requirement of 355 ships. former Navy Secretary John Lehman consider this week. I have the privilege of chairing the told our subcommittee this year, Presi- Before I vote in favor of a lifetime Seapower Subcommittee, which has dent Reagan ‘‘reaped 90 percent of the appointment to a Federal court, I held a series of oversight activities, benefits of his rebuilding program . . . should be able to conclude that the both classified and unclassified, on the in the first year.’’ This took place in nominee in question would rule with- Navy’s 355 ship requirement. We have the early 1980s and made clear that out bias or obvious ideology. Amy examined the security environment President Reagan, Congress, and the Barrett’s answers and record made it that drives the requirement to add Pentagon were serious about rebuilding impossible for me to draw such a con- about 80 more ships to the fleet. We the fleet. It sent a signal to our allies clusion regarding her nomination. have listened to Navy leadership, out- and to the Soviets that America and

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.051 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6914 CONGRESSIONAL RECORD — SENATE October 31, 2017 our Navy was coming back in a big for the last 9 months while Congress rights for generations to come. It is way, which makes 2017 and 2018 so im- was talking about this and while we critical for us, therefore, to have a con- portant. I am confident Congress can were on the verge of enacting legisla- versation about what is going on at establish a firm foundation in the com- tion making a 355-ship Navy the offi- this moment. ing months for a fleet buildup. cial policy of the United States of Just this week, we have four nomi- To that end, I would note that both America. nees for the court of appeals coming to the House and Senate Defense author- Shipbuilding is indeed a long process, the floor. Amy Barrett was confirmed ization bills contain the Wicker-Witt- and a 355-ship fleet will not happen just hours ago. There is another vote man SHIPS Act, which would establish overnight. New ship construction is scheduled for tomorrow. These individ- a 355-ship requirement as our national critical to achieve this objective, but uals, as I will go through in a moment, policy. Both bills also contain the Navy should also examine service don’t come here with the types of multiyear procurement authority for life extension programs for older ships qualifications that really should allow Virginia-class attack submarines and and perhaps even reactivating ships in them to be considered for lifetime ap- Arleigh Burke-class destroyers. the Ready Reserve. It is irresponsible pointments. Multiyear procurement will stabilize to retire ships early if they have useful Time and time again, we have heard the industrial base for those ships and life. Such ships may have to be reas- from our Republican leadership that generate billions in savings, which signed to less stressing missions, but Democrats are engaged in a massive, would be plowed into more ship- they should not be prematurely sold ‘‘often-mindless partisan obstruction,’’ building. Both bills contain cost-con- overseas or sunk as target practice. It in the words of the majority leader. trol measures to protect taxpayers. Al- is equally irresponsible to miss oppor- From where comes this evaluation? though negotiations are ongoing, the tunities to reactivate retired ships if Well, he wants to move judiciary nomi- final NDAA conference report should the benefits exceed the cost. Let’s at nees faster, without due consideration. include the SHIPS Act, multiyear pro- least look at that. And certainly he does know something curement, and acquisition cost con- The Senate Defense authorization about obstructing judicial nominations trols. bill includes my amendment directing since he spent the entire 8 years of the The Defense authorization bill is a the Navy to look at service life exten- Obama administration leading the ef- good start, but Congress also needs to sion and reactivation. The Navy needs fort to obstruct consideration of nomi- add funding for shipbuilding in upcom- to go ship by ship through the inven- nees here in this Chamber. ing appropriations legislation. We need tory and provide Congress with a thor- Eighty percent of President Obama’s an agreement that eliminates the ough analysis of these options, and nominees waited 181 days or longer. Budget Control Act with regard to de- that is what the Navy is doing. That is certainly far more than under fense spending or at least provides re- As O’Brien and Hendrix write, ‘‘Na- President George Bush, President Clin- lief. vies and international influence go ton, the first President Bush, or Presi- The bottom line is that a buildup will hand in hand.’’ A smaller Navy means dent Reagan—obstruction taken to the require more funding. President Rea- a smaller role for America, and we maximum, 6 months or longer to work gan’s first defense budget included a 35- can’t afford that. We must cultivate their way through the confirmation percent increase for the Navy com- the national will to avoid this fate. process. pared to President Carter’s last pro- I urge my colleagues to help me, to Throughout President Obama’s en- posed budget, and it was well worth it. help the Armed Services Committees tire 8 years in office, just 55 circuit More resources are needed to accel- in both Houses in an effort to begin re- court judges were confirmed. That is erate shipbuilding. It is time to end the building our naval power at once. the lowest number for any President. two decades of low-rate shipbuilding Mr. President, I yield the floor. And by this point in the previous ad- that has brought us to this point. Com- The PRESIDING OFFICER (Mr. ministration—in the Obama adminis- pared to its earlier planned levels, the RUBIO). The Senator from Oregon. tration—just one nominee had been Navy’s Accelerated Fleet Plan con- Mr. MERKLEY. Mr. President, there confirmed for a spot on the circuit cludes that the shipyards can produce are few things we do here in the Senate court. But here we are taking a look at 29 more ships over the next 7 years. In- that matter more or have longer last- how in this time period just one had vestment is needed—particularly in ing impacts on our Nation than con- been confirmed for Obama, but we will submarine facilities—but the yards are firming individuals to lifetime appoint- have, at the end of this week—assum- up to the challenge, especially those ments in district courts, circuit courts, ing each individual gets the full major- with hot production lines. and the Supreme Court. ity—eight circuit court nominees con- I was disappointed to hear that Act- It is the Senate’s duty, as Alexander firmed. That is one for Obama and ing Under Secretary Thomas Dee, an Hamilton laid out in the Federalist Pa- eight for President Trump. That num- Obama holdover still in the Depart- pers, to ‘‘prevent the appointment of ber wasn’t reached substantially into ment of the Navy, said last week that unfit characters.’’ Hamilton thought President Obama’s second year in of- 355 ships is probably out of reach until that this power would be used rarely fice. the 2050s. Mr. Dee’s pessimism about because a President would seek to We can look at the average number the Navy’s own requirement is per- make sure that he or she sent qualified of days that it has taken from com- plexing, when it is incumbent on the individuals to the Senate for confirma- mittee report to confirmation for the Navy to develop fleet buildup options tion, but we are seeing something quite first seven nominees. President within budget constraints. Those cur- different today. We are seeing the Trump’s first seven circuit and district rent and likely future physical envi- President engaged in a zeal to pack the court nominees waited 37 days for con- ronments were accounted for in the court with extreme rightwing firmation once they were reported out Navy’s 2016 Force Structure Assess- ideologues and to ram them through of the Judiciary Committee. Let’s com- ment of 355 ships. So we can do it, and this confirmation process without due pare that to President Obama, where the leadership of the Navy, with the ex- review. the Judiciary Committee held them up ception of Under Secretary Dee, knows Just yesterday, the American Bar for 75 days. So once again Democrats in we can do it. Association sent a letter to the Judici- the minority are moving far, far faster CNO Richardson’s white paper on the ary Committee saying that Leonard to date than did our colleagues when future Navy notes that we ought to Grasz, President Trump’s nominee to President Obama was in office. Cer- achieve a 355-ship fleet in the 2020s— the Eighth Circuit Court of Appeals, is tainly by comparison, President not the 2040s, not the 2050s, but the not qualified to serve as a Federal Trump’s nominees are sailing through 2020s. Thank goodness for the foresight judge. Yet his confirmation hearing is at a rapid pace. and positive attitude of the Chief of scheduled for this week. So let’s not hear any more about the Naval Operations. He is right—a 355- Putting extreme and unqualified peo- preposterous false news coming from ship fleet should be our goal for the ple on the court is a disservice to the majority side about things being next decade. Regrettably, Acting Under America’s judiciary. It will impact the slowed down when the facts are quite Secretary Dee must have been asleep protection of fundamental American the opposite. But why this emphasis on

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.052 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6915 creating this false narrative? Perhaps NOMINATION OF STEPHANOS BIBAS cause, even though she was innocent, it is because right now there is a lot of This week, we will have Stephanos she lost her job due to her prosecution. pressure on the majority to show that Bibas, President Trump’s nominee to Then there is Joan Larsen, who is the they are getting something done, and the Third Circuit Court of Appeals, President’s nominee for the Sixth Cir- not much is happening that will help who believes that overincarceration in cuit Court of Appeals, a nominee who anyone in this country. They tried to our jails has nothing to do with race or was added at the last moment to an- get something done by trying to strip with mandatory minimums despite all other circuit court nominee’s con- healthcare from 20 to 30 million Ameri- of the research and data that show oth- firmation hearing, which was against cans in 5 different versions of the erwise. the Senate’s practices and against mi- TrumpCare monster. They didn’t quite He takes on and disagrees with the nority opposition. Why do you add get it done, thankfully. And I doubt experts on medical care, who under- someone at the last moment? It is to that the American people—in fact, I stand the fundamentals of addiction. ensure that the committee does not know that they certainly would not He says, simply, though drug addiction have enough time to adequately review have been appreciative of the bill in is painted as a disease that requires her record. That is always a cause for which my Republican colleagues said: medical intervention, all of that is un- suspicion—someone is changing the Let’s strip all this healthcare away necessary. Drug addicts can just stop procedure so that a person’s record from 20 to 30 million people so we can using drugs. If only it were that easy. cannot be reviewed before the com- give massive, multitrillion-dollar tax He has such a profound misunder- mittee sits down to the hearing. benefits, tax giveaways to the very standing of the basic healthcare issue. This is probably fitting with Ms. richest Americans. Person after person after person on Larsen’s long-held disdain for the legis- Wow. That is certainly not a way to both sides of this aisle has come to say lative branch. She coauthored a law re- win the hearts and minds of Ameri- that opioid addiction is an addiction view article that stressed the impor- cans—attack working Americans time that needs medical treatment; yet he is tance of protecting the President from after time in order to deliver the Na- a nominee who does not understand Congress, she said, ‘‘the most dan- tional Treasury to the very richest any of that. gerous branch of government.’’ Americans. Perhaps my colleagues will He also believes that when it comes She goes on to denigrate the use of be glad they didn’t succeed in that ef- to legal sentences, corporal punish- committees in Congress. She says that fort. ment should be applied that is ‘‘public, Congress has maintained an extensive, Now there is a tax plan on the floor— shameful, and painful.’’ Perhaps the costly, extra-constitutional network of a tax plan being considered that will understanding of rare and unusual pun- committees that watch over the work once again take $1.5 trillion out of ishment was something missing in his of Cabinet departments because ‘‘the healthcare to deliver several trillion legal education. ambition and love of power of our Sen- dollars to the richest 1 percent of Let’s look at his 2 years as a pros- ators and Representatives caused them Americans. We see it time and time ecutor in the Southern District of New to lust after the patronage and media again—attack working Americans to York—the notable case of United glory that a committee post could deliver incredible gifts from the Na- States v. Williams, which the New bring.’’ tional Treasury—really a raid on Fort York Times described at the time as a Is there any deeper or more profound Knox. Has ever such an audacious theft ‘‘legal legend in the making.’’ They did misunderstanding of the committee been considered previously in U.S. his- not say that because of its being a wise process here in Congress? Does she tory than the theft that my colleagues have any idea that the reason we have are trying to perpetuate both through or insightful decision. He was working committees is that there are complex the healthcare strategy and now as a prosecutor, and he wanted to real- topics? As President Trump said: Who through this tax strategy? ly go after the little guy. But there is a bigger purpose at work He used his position to marshal pros- knew healthcare could be so com- here, and that is a goal to rewrite the ecutorial, law enforcement, and court plicated? So you have a committee of vision of our Constitution. Our Con- resources to bring charges against a members that specializes in that effort, stitution has this incredibly powerful, cashier at a veterans hospital who had that learns the details so that it can meaningful vision of government of, been accused of stealing $7—not $7,000, fairly consider the ideas for legislation. by, and for the people, but my col- not $700,000, and not the $700 million or It has very little to do with ambition leagues don’t like that vision, and they $1 billion being laundered by a big bank and a love of power and a lusting after decided that the best way to change it but the accusation of a cashier who had patronage. There really is not patron- is to put people onto the court who like stolen $7. Stealing is never acceptable age on a committee. We, the members, a different vision—government of, by, and never appropriate, but it did not do not hire the staff. and for the privileged and the powerful. matter that the cashier maintained With her being someone with such a We saw it in their healthcare bill, we that she had given the seven crinkled profound misunderstanding of the see it in their tax bill, and now we are $1 bills that she had straightened out branches of government, why do my seeing it in their nomination strategy or that the security cameras did not colleagues say that they want her in to the court—a GOP agenda that will show her pocketing them or that the there? Is it because of this vision of a tip the scales of justice to favor the customer who was right there saw it government that is by and for the pow- powerful and privileged over working and stated that she was innocent. It did erful that takes on the little people, Americans; judges who want to legis- not matter. None of those facts beats them up, squeezes them dry, and late from the bench on behalf of the mattered. He wanted to go after the delivers the benefits to the richest in powerful; judges who want to legislate little guy rather than go after the big our society on every single issue—on from the bench on behalf of the privi- folks who steal us blind. healthcare, on taxes, on judicial ap- leged, who want to support predatory The morning of the trial comes pointments? consumer practices, who want to strip around, and a detective testifies that NOMINATION OF ALLISON EID away individual rights of women to de- he found those seven $1 bills in the Then we have Allison Eid, President termine their own healthcare, who cash register, just as the customer had Trump’s nominee for the Tenth Circuit want to deny a fair day in court by al- stated. Meanwhile, this nominee saw Court of Appeals. She holds the seat lowing binding arbitration where the fit to spend huge amounts of Federal that was previously held by Neil seller of the services gets to pick and resources in going after an individual Gorsuch before a seat was stolen from pay for the judge. Judges, rather than who, by every form of testimony, had one administration and delivered to pursuing neutrality, are pursuing gov- not committed a crime in the first the next for the first time in U.S. his- ernment for the powerful—that is the place. It is easy to go after the little tory—a complete denigration of the in- radical rightwing agenda attack on people, and if you believe in govern- tegrity of this body and the legitimacy working America. ment by and for the powerful and the of the Court, a mar in the record of We should do all that we can to stop privileged, as these nominees do, then this Chamber that knows no equal in it, including having opposition in this that is your mission in life—to go after decades. Yet there she is in that seat, Chamber. the little people. Yet she lost out be- adhering to an extraordinary degree of

VerDate Sep 11 2014 02:26 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.054 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6916 CONGRESSIONAL RECORD — SENATE October 31, 2017 ultraconservative, partisan, we-the- To be brigadier general The following named officer for appoint- powerful-and-privileged philosophy. Col. Twanda E. Young ment in the United States Army to the grade She opposes the use of eminent do- The following named Army National Guard indicated while assigned to a position of im- main to seize properties to be used for of the United States officer for appointment portance and responsibility under title 10, U.S.C., section 601: a public purpose—public parks and in the Reserve of the Army to the grade indi- highways—as is the purpose of eminent cated under title 10, U.S.C., sections 12203 To be lieutenant general and 12211: domain. Yet she supports the use of Maj. Gen. Eric P. Wendt To be brigadier general eminent domain to rip away a piece of IN THE NAVY property from individuals—private Col. Roger D. Murdock The following named officer for appoint- property owners—in order to give it to IN THE AIR FORCE ment in the United States Navy to the grade a for-profit corporation, which is the The following named officer for appoint- indicated while assigned to a position of im- opposite of the purpose of eminent do- ment in the United States Air Force to the portance and responsibility under title 10, grade indicated while assigned to a position U.S.C., section 601: main—once again, an individual of importance and responsibility under title To be vice admiral hating, if you will, of public purpose 10, U.S.C., section 601: Vice Adm. Christopher W. Grady and a ripping away of individual To be lieutenant general rights—destroying them—on behalf of The following named officer for appoint- Maj. Gen. David D. Thompson ment in the United States Navy to the grade a for-profit corporation. The following Air National Guard of the She has advocated for narrowing the indicated while assigned to a position of im- United States officer for appointment in the portance and responsibility under title 10, scope of the Federal Government’s leg- Reserve of the Air Force to the grade indi- U.S.C., section 601: cated under title 10, U.S.C., sections 12203 islative powers to such a degree that it To be vice admiral would be virtually impossible to pro- and 12212: Rear Adm. Bruce H. Lindsey tect clean air, clean water, and civil To be brigadier general rights. She has attacked the increasing Col. Ralph L. Schwader NOMINATIONS PLACED ON THE SECRETARY’S DESK of funding for public schools while she IN THE ARMY has supported sending public funds to The following named officer for appoint- IN THE AIR FORCE private religious schools. ment in the Reserve of the Army to the PN1125 AIR FORCE nominations (2) begin- This path of using legislation like grade indicated under title 10, U.S.C., section ning JAMES A. FANT, and ending DUSTIN 12203: D. HARLIN, which nominations were re- the healthcare bill and legislation like ceived by the Senate and appeared in the this tax bill to crush working America To be brigadier general Col. Donald B. Absher Congressional Record of October 16, 2017. on behalf of the very wealthy is simply PN1126 AIR FORCE nomination of Erik M. wrong, and it is wrong to do it by try- The following named officers for appoint- Mudrinich, which was received by the Senate ing to pack the court, and we need to ment to the grade indicated in the United and appeared in the Congressional Record of States Army under title 10, U.S.C., section October 16, 2017. do everything that we can to stop it. 624: PN1127 AIR FORCE nominations (152) be- The PRESIDING OFFICER. The ma- To be brigadier general jority leader. ginning SCOTT M. ABBOTT, and ending Col. Richard E. Angle KRISTINA M. ZUCCARELLI, which nomina- f Col. Milford H. Beagle, Jr. tions were received by the Senate and ap- EXECUTIVE CALENDAR Col. Sean C. Bernabe peared in the Congressional Record of Octo- Col. Maria A. Biank ber 16, 2017. Mr. MCCONNELL. Mr. President, I Col. James P. Bienlien IN THE ARMY ask unanimous consent that the Sen- Col. Brian R. Bisacre PN642 ARMY nomination of Adrian L. Nel- Col. William M. Boruff ate proceed to the consideration of Ex- son, which was received by the Senate and Col. Richard R. Coffman ecutive Calendar Nos. 443 through 454 appeared in the Congressional Record of Col. Charles D. Costanza and all nominations placed on the Sec- June 15, 2017. Col. Joy L. Curriera retary’s desk; that the nominations be PN654 ARMY nomination of Todd M. Col. Johnny K. Davis Chard, which was received by the Senate and confirmed, the motions to reconsider Col. Robert B. Davis appeared in the Congressional Record of be considered made and laid upon the Col. Thomas R. Drew June 15, 2017. table with no intervening action or de- Col. Michael R. Eastman PN957 ARMY nomination of Tristan D. bate; that no further motions be in Col. Brian S. Eifler Harrington, which was received by the Sen- Col. Christopher L. Eubank order; that any statements related to ate and appeared in the Congressional Col. Omuso D. George the nominations be printed in the Record of September 5, 2017. Col. William J. Hartman RECORD; that the President be imme- PN1128 ARMY nomination of David S. Col. Darien P. Helmlinger diately notified of the Senate’s action, Lyle, which was received by the Senate and Col. David M. Hodne appeared in the Congressional Record of Oc- and the Senate then resume legislative Col. Jonathan E. Howerton tober 16, 2017. session. Col. Heidi J. Hoyle PN1129 ARMY nomination of George B. The PRESIDING OFFICER. Without Col. Thomas L. James Inabinet, which was received by the Senate objection, it is so ordered. Col. Christopher C. Laneve and appeared in the Congressional Record of Col. Otto K. Liller The nominations considered and con- October 16, 2017. Col. Vincent F. Malone, II firmed are as follows: PN1130 ARMY nominations (13) beginning Col. Charles R. Miller IN THE AIR FORCE BENJAMIN A. BARBEAU, and ending Col. James S. Moore, Jr. BLAIR D. TIGHE, which nominations were The following named officer for appoint- Col. Michael T. Morrissey received by the Senate and appeared in the ment in the Reserve of the Air Force to the Col. Antonio V. Munera Congressional Record of October 16, 2017. grade indicated while assigned to a position Col. Frederick M. O’Donnell PN1131 ARMY nominations (3) beginning of importance and responsibility under title Col. Paul E. Owen GARRETT K. ANDERSON, and ending 10, U.S.C., section 601: Col. Walter T. Rugen ROGER D. PLASTER, which nominations To be lieutenant general Col. Michelle A. Schmidt were received by the Senate and appeared in Col. Mark T. Simerly Lt. Gen. Stayce D. Harris the Congressional Record of October 16, 2017. Col. Michael E. Sloane IN THE ARMY PN1132 ARMY nominations (77) beginning Col. William D. Taylor JOSHUA A. AKERS, and ending D013005, The following named officer for appoint- Col. William L. Thigpen which nominations were received by the Sen- ment in the United States Army to the grade Col. Thomas J. Tickner ate and appeared in the Congressional indicated while assigned to a position of im- Col. Matthew J. Vanwagenen Record of October 16, 2017. portance and responsibility under title 10, Col. Darren L. Werner U.S.C., section 601: PN1133 ARMY nominations (325) beginning The following named Army National Guard JONATHAN L. ABBOTT, and ending BOVEY To be lieutenant general of the United States officer for appointment Z. ZHU, which nominations were received by Maj. Gen. Paul J. LaCamera in the Reserve of the Army to the grade indi- the Senate and appeared in the Congres- The following named officer for appoint- cated under title 10, U.S.C., sections 12203 sional Record of October 16, 2017. ment in the Reserve of the Army to the and 12211: PN1134 ARMY nominations (6) beginning grade indicated under title 10, U.S.C., section To be major general JANETTA R. BLACKMORE, and ending 12203: Brig. Gen. Keith Y. Tamashiro JEFFREY E. OLIVER, which nominations

VerDate Sep 11 2014 03:57 Nov 03, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD17\OCTOBER\S31OC7.REC S31OC7 October 31, 2017 CONGRESSIONAL RECORD — SENATE S6917 were received by the Senate and appeared in C. YOON, which nominations were received The PRESIDING OFFICER. Without the Congressional Record of October 16, 2017. by the Senate and appeared in the Congres- objection, it is so ordered. PN1135 ARMY nominations (8) beginning sional Record of October 16, 2017. STEVEN A. BATY, and ending ALISA R. PN1156 NAVY nominations (174) beginning f WILMA, which nominations were received by ROY A. ADUNA, and ending KIRTLEY N. REMEMBERING TED COOK the Senate and appeared in the Congres- YEISER, which nominations were received sional Record of October 16, 2017. by the Senate and appeared in the Congres- Mr. MCCONNELL. Mr. President, PN1136 ARMY nominations (25) beginning sional Record of October 16, 2017. today I remember the life of a great WESLEY J. ANDERSON, and ending HOPE PN1157 NAVY nominations (6) beginning Kentuckian, Ted Cook, who passed M. WILLIAMSONYOUNCE, which nomina- CALVIN LOPER, and ending BILLY W. away on October 1, 2017, at the age of tions were received by the Senate and ap- YOUNG, which nominations were received by 70. He was a great friend, a local busi- peared in the Congressional Record of Octo- the Senate and appeared in the Congres- nessman, and a fixture of Laurel Coun- ber 16, 2017. sional Record of October 16, 2017. ty. Passing away after a battle with PN1137 ARMY nominations (46) beginning PN1158 NAVY nominations (4) beginning MAUREEN M. DERKS, and ending JEF- cancer, Ted’s loss will be felt by many. GINA E. ADAM, and ending DAVID R. A veteran of the U.S. Air Force, Ted ZINNANTE, which nominations were re- FREY P. SHARP, which nominations were ceived by the Senate and appeared in the received by the Senate and appeared in the was driven by a sense of patriotism and Congressional Record of October 16, 2017. Congressional Record of October 16, 2017. community service. He was a generous PN1138 ARMY nominations (12) beginning PN1159 NAVY nominations (13) beginning man and a strong supporter of the Ken- DAVID J. H. CHANG, and ending MATTHEW DANIEL T. BARNES, and ending JAC- tucky High School Athletics Associa- J. YANDURA, which nominations were re- QUELYN 0. VERMILLOHERMAN, which tion. Ted made it a priority to watch ceived by the Senate and appeared in the nominations were received by the Senate and appeared in the Congressional Record of Oc- every basketball game he could, and he Congressional Record of October 16, 2017. was an ideal role model for the next PN1139 ARMY nomination of Samuel A. tober 16, 2017. Redding, which was received by the Senate PN1160 NAVY nominations (16) beginning generation of Kentuckians. and appeared in the Congressional Record of SHAMIRE E. BRANCH, and ending ALANNA Ted loved the outdoors, spending October 16, 2017. B. YOUNGBLOOD, which nominations were time hunting, fishing, and raising PN1140 ARMY nomination of Sativa M. received by the Senate and appeared in the quail. He tried to instill that passion in Franklin, which was received by the Senate Congressional Record of October 16, 2017. young people, especially his children and appeared in the Congressional Record of PN1161 NAVY nominations (19) beginning and, later, his grandchildren. Ted also DAVID L. AGUILAR, and ending DAVID K. October 16, 2017. helped lead local, State, and national PN1141 ARMY nominations (2) beginning ZIVNUSKA, which nominations were re- ceived by the Senate and appeared in the organizations dedicated to the service MAURICE O. BARNETT, and ending AARON of others. C. BARTA, which nominations were received Congressional Record of October 16, 2017. by the Senate and appeared in the Congres- PN1162 NAVY nominations (20) beginning Ted rarely sought any recognition for sional Record of October 16, 2017. REBECCA L. ANDERSON, and ending KEN- his good works, instead always caring PN1145 ARMY nomination of Grant R. NETH R. VANHOOK, JR., which nomina- primarily for others. Those he im- Barge, which was received by the Senate and tions were received by the Senate and ap- pacted with his love and friendship, appeared in the Congressional Record of Oc- peared in the Congressional Record of Octo- however, will always remember him. tober 16, 2017. ber 16, 2017. PN1163 NAVY nominations (34) beginning Elaine and I send our condolences to PN1146 ARMY nomination of Michael W. ARTHUR D. ANDERSON, III, and ending Ted’s wife, Debbie, their children, their Chung, which was received by the Senate and JOHN E. WEAVER, which nominations were family, and friends. I hope that their appeared in the Congressional Record of Oc- received by the Senate and appeared in the tober 16, 2017. fond memories of Ted will help ease Congressional Record of October 16, 2017. PN1148 ARMY nominations (2) beginning their grief. PN1164 NAVY nominations (39) beginning CHEMITRA M. CLAY, and ending JOHN C. Mr. President, the Corbin Times- JOSHUA D. ALBRIGHT, and ending LISA L. HUBBARD, which nominations were received Tribune recently published an article SNOH, which nominations were received by by the Senate and appeared in the Congres- the Senate and appeared in the Congres- on Ted’s life and career. I ask unani- sional Record of October 16, 2017. sional Record of October 16, 2017. mous consent that a copy of the article PN1149 ARMY nomination of Charles K. PN1165 NAVY nomination of Joe F. be printed in the RECORD. Bergman, which was received by the Senate Moralez, II, which was received by the Sen- There being no objection, the mate- and appeared in the Congressional Record of ate and appeared in the Congressional October 16, 2017. rial was ordered to be printed in the Record of October 16, 2017. RECORD, as follows: PN1150 ARMY nomination of Robert S. PN1166 NAVY nominations (8) beginning [From the Corbin Times-Tribune, Oct. 2, Patton, Jr., which was received by the Sen- JESSICA B. ANDERSON, and ending MI- 2017] ate and appeared in the Congressional RANDA V. WILLIAMS, which nominations Record of October 16, 2017. were received by the Senate and appeared in TED COOK WILL BE MISSED BY MANY PN1151 ARMY nominations (116) beginning the Congressional Record of October 16, 2017. (By Les Dixon) JASON P. AFFOLDER, and ending D012388, PN1167 NAVY nominations (898) beginning Myself and many others across the State which nominations were received by the Sen- MARCO A. ACOSTA, and ending KEITH E. lost a great friend on Sunday with the pass- ate and appeared in the Congressional ZUMAR, which nominations were received ing of Ted Cook. Mr. Cook—he would always Record of October 16, 2017. by the Senate and appeared in the Congres- PN1152 ARMY nominations (151) beginning correct me to call him Ted—was one of the sional Record of October 16, 2017. greatest men I have ever known. He would do ANDRE B. ABADIE, and ending G001060, PN1168 NAVY nominations (2) beginning which nominations were received by the Sen- anything for anyone, and I do mean anyone. WILLIAM J. ROY, JR., and ending RAQUEL He was one of the biggest supporters of kids ate and appeared in the Congressional T. BUSER, which nominations were received Record of October 16, 2017. throughout the State that I have known. by the Senate and appeared in the Congres- We would always engage in high school PN1153 ARMY nominations (205) beginning sional Record of October 16, 2017. sports talk any time we saw each other. It WINFIELD A. ADKINS, and ending D013960, PN1169 NAVY nominations (64) beginning didn’t matter if we were at a restaurant or if which nominations were received by the Sen- GREGORY F. ALLEN, and ending CLINTON I paid him a visit at Cook Tire, high school ate and appeared in the Congressional M. WOODS, which nominations were re- sports was always the topic of discussion— Record of October 16, 2017. ceived by the Senate and appeared in the well, sometimes politics would be as well, IN THE FOREIGN SERVICE Congressional Record of October 16, 2017. but only to give one of our friends a hard PN1066 FOREIGN SERVICE nominations f time. (61) beginning Julie P. Akey, and ending Even though I am a writer, I find it hard to Vera N. Zdravkova, which nominations were LEGISLATIVE SESSION write about people I truly care about. It received by the Senate and appeared in the The PRESIDING OFFICER. The Sen- sounds odd doesn’t it? But I just don’t think Congressional Record of October 2, 2017. ate will now resume legislative session. anything I can write would do justice about my good friend Mr. Cook. IN THE MARINE CORPS f I know he was a joy to be around and he al- PN1170 MARINE CORPS nomination of ways made me feel like I was one of his own. John J. Straub, which was received by the MORNING BUSINESS Heck, he was able to do that with anyone he Senate and appeared in the Congressional Mr. MCCONNELL. Mr. President, I interacted with. Record of October 16, 2017. ask unanimous consent that the Sen- I always looked forward to seeing Mr. Cook IN THE NAVY ate be in a period of morning business, at the Sweet Sixteen Boys Basketball Tour- PN1155 NAVY nominations (78) beginning with Senators permitted to speak nament. You could bank on it every Wednes- SUZANNE T. ALFORD, and ending LAURA therein for up to 10 minutes each. day morning, I would go over to say hello

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.035 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6918 CONGRESSIONAL RECORD — SENATE October 31, 2017 and he would always stick out his hand for a It is no surprise that Navy Pier has TRIBUTE TO JIM MCCLOUGHAN handshake and say, ‘‘Hello, young man. How been labeled a Chicago historic land- Mr. PETERS. Mr. President, today I have you been?’’ He always preceded with a mark with its significant contributions wish to honor the distinguished service big hug and then we preceded to talk about, to the city of Chicago and the Nation. life, sports, my daughter and then anything of SPC5 James McCloughan, who was else that would come up. You could bank on Navy Pier continues to promote tour- recently awarded the Medal of Honor the same routine happening every year. ism and support economic growth in for his heroic actions as a combat The one thing that will stick out to me Chicago and the Midwest, while im- medic during the Vietnam war. From more than anything is how Mr. Cook always proving its facilities and core missions May 13 to 15, 1969, then-PFC dressed in his ‘Sunday’s best’ for the Sweet to better provide services to visitors. It McCloughan repeatedly put himself in Sixteen Boys championship game. He was al- is with great pride that I join Senator the line of fire to extract and treat his ways in a suit and a tie and that always DUCKWORTH in honoring Navy Pier and fellow soldiers. stood out to me. He showed respect to the its many accomplishments. Specialist 5 McCloughan was born in event just like he showed respect to every- one he met. Ms. DUCKWORTH. Mr. President, South Haven, MI, in 1946 and spent his I never really ventured over to Cook Tire today I join my close friend and col- childhood in Bangor, MI. He became a as much as I should to see how he would be league, Senator DICK DURBIN, to honor four-sport varsity athlete at Bangor doing, but our paths always crossed, usually one of the magnificent landmarks of Il- High School and would go on to play at least once a month and even more during linois, Chicago’s Navy Pier. football, baseball, and to wrestle at high school basketball season. Since Chicago architect Daniel Olivet College. Three months after ac- I believe KHSAA Commissioner Julian Burnham first established his vision of cepting a teaching and coaching posi- Tackett said it best on his Facebook page: a public pier to transform Chicago’s tion with South Haven Public Schools, Ted Cook’s passing means the loss of another McCloughan was drafted into the U.S. of that great generation of men who were landscape and draw visitors to experi- ence the lakefront, what opened as Mu- Army in 1968. independent, self sustaining and hard work- McCloughan’s superiors took notice ing. In addition to being one of the biggest nicipal Pier in 1916 has been a gath- supporters of kids throughout the state, he ering point for the community. In of his knowledge of sports medicine, was a counselor for so many people and a World War I and World War II, it be- and he was assigned to Fort Sam Hous- great friend. came central to the war effort and ton, TX, to report for advanced train- I will end with this. I hope someday to be Navy Pier got its name to honor the ing as a medical specialist. Upon his completion of training, McCloughan half the man Mr. Cook was, it would be an sailors who served and continued to honor. was assigned as a combat medic with serve in defense of our Nation. Company C, 3rd Battalion, 21st Infan- f Many institutions of Chicago began try Regiment, 196th Light Infantry Bri- in Navy Pier before finding their home 100TH ANNIVERSARY OF gade, American Division, and was de- CHICAGO’S NAVY PIER elsewhere in the city, like the Univer- ployed to Vietnam. sity of Illinois’ Chicago campus, the Mr. DURBIN. Mr. President, I join On the morning of May 13, 1969, two Taste of Chicago, and the trade shows my colleague and friend Senator American helicopters were shot down that continue to come through Chicago DUCKWORTH to recognize the 100th an- near Tam KY, and one crashed 100 me- to take advantage of the city’s com- niversary of Chicago’s Navy Pier, one ters from McCloughan and Charlie mercial infrastructure. Navy Pier has of the most visited attractions in Illi- Company. A squad was sent to rescue been a place for people to meet and ex- nois and the Midwest. the downed crew and found a wounded perience the Great Lakes, city skyline, Navy Pier, originally named Munic- soldier too injured to move. and various attractions that have ipal Pier, was the first of its kind. The McCloughan ran 100 meters through an sprung up and grown through the city. pier was created to bring revenue into open field, dodging crossfire between Locals, Illinoisans, Americans, and the city by supporting industry and Charlie Company and the NVA, reached international visitors alike experience tourism. The pier opened in 1916 and the wounded soldier, and carried him the Midwest through the lens of the back to the company and successfully served as a port for commercial ship- pier, and it reflects back on our city saved his fellow soldier from being cap- ping and provided the entertainment the multicultural, historical aspects of tured or killed. and recreation needed to transform our city and this Nation. You only Later that same day, McCloughan Chicago’s lakefront into a popular have to look at the iconic ferris wheel displayed another act of heroism in the tourist attraction. to see how it has transformed Chi- midst of an American airstrike against During World War I and World War cago’s skyline and become such an in- nearby NVA targets. While in a trench, II, the pier was used as a naval training tegrated, iconic part of the city. he saw two U.S. soldiers huddled to- center for over 60,000 Navy recruits and As a public venue for culture and gether without weapons in the midst of was later named Navy Pier to honor commerce, Navy Pier continues to re- an ambush. McCloughan dropped his the Navy personnel who served and vitalize so that it can be sustainable, weapon and rushed into the ambush to contributed to the national war effort. universal, and accessible to all. I am check on his comrades. While inspect- Throughout its history, Navy Pier proud to come before this body with ing them for wounds, he was hit with was home to several Chicago institu- Senator DURBIN and honor Navy Pier shrapnel when a rocket-propelled gre- tions and traditions. as it celebrates its centennial anniver- nade exploded nearby. McCloughan Navy Pier was also the former home sary. pulled the two soldiers back to the to the University of Illinois at Chicago (At the request of Mr. SCHUMER, the trench and would go back into the am- from 1946 to 1965, nicknamed ‘‘Harvard following statement was ordered to be bush zone four more times to extract on the Rocks,’’ and served more than printed in the RECORD.) wounded comrades. Wounded and bleed- 100,000 students. ing himself, McCloughan refused to Navy Pier originally held the famous f evacuate and remained on the battle- Taste of Chicago in 1978 and today con- field to treat the wounded and prepare VOTE EXPLANATION tinues to host a variety of festivals, them for extraction. conferences, trade shows, and live en- ∑ Mr. MENENDEZ. Mr. President, I The next day, Charlie Company en- tertainment. was unavailable for rollcall vote No. gaged NVA forces near Nui Yon Hill. Navy Pier opens its doors to locals 255, on the nomination of Amy Barrett Similar to the day before, McCloughan and visitors to experience Chicago’s to be U.S. Circuit Judge for the Sev- again went into the crossfire zone nu- rich historical and cultural history enth Circuit. Had I been present, I merous times to treat and extract while enjoying activities and the city’s would have voted nay. wounded soldiers. He was wounded lakefront. Its popular attractions, in- Mr. President, I was unavailable for again by RPG shrapnel and small arms cluding the iconic ferris wheel, have rollcall vote No. 256, on the motion to fire. McCloughan again showed his her- attracted more than 9 million visitors invoke cloture on Joan Larsen, of oism when he volunteered to hold a a year, generated millions of dollars in Michigan, to be U.S. Circuit Judge for blinking light in the open while bullets revenue, and created thousands of jobs the Sixth Circuit. Had I been present, I and RPGs hit around him so his com- for the region. would have voted nay.∑ pany could be resupplied.

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.030 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6919 McCloughan continued to fight services in their home State, but Bob resented in its government and police throughout the night and into the shared and supported my strong opin- force. Judge Keith ruled to uphold the morning, knocking out the RPG posi- ion that, when it came to veterans and city of Detroit’s affirmative action tion and treating numerous soldiers. servicemembers, State lines did not plan and its good faith effort to pro- He kept two critically wounded sol- matter. Of the staggering number of mote diversity in its police force. diers alive during the night and is cred- cases that Bob worked as a constituent Judge Keith heard cases that pre- ited with saving the lives of 10 mem- advocate for residents of Arizona, near- sented new questions and challenged bers of Charlie Company in the 48-hour ly as many more were for veterans long-held interpretations of the Con- timespan. from across the country and indeed stitution. In the 1971 landmark case, Upon returning home, McCloughan across the world. He helped them all United States v. United States District would resume his job as a teacher and equally with the same quiet but stead- Court, widely known as the Keith Case, coach at South Haven High School. He fast commitment, and I feel there is the Supreme Court upheld Judge taught sociology and psychology and truly no measure for how many lives Keith’s ruling that the Nixon adminis- coached football, baseball, and wres- he touched and how many men and tration could not wiretap citizens with- tling until his retirement in 2008. women he helped by the end of his sto- out a court order, even in cases involv- SPC5 James McCloughan is an Amer- ried career. ing domestic terrorism. This ruling ican hero who consistently put his life I will forever be thankful that Bob protected Fourth Amendment rights on the line to save the lives of his fel- Currieo’s intrinsic desire to serve put for all Americans and enforced the low Americans. He has always inspired him on a path to Arizona that fortu- boundaries of warrantless surveillance, others, whether by his actions on the nately crossed my own. I will fondly re- paving the way for the U.S. Foreign In- battlefield or for his students in the member the years of friendship and telligence Surveillance Act, FISA, of classroom. I urge my colleagues to join wise counsel that he so selflessly gave, 1978, which provides judicial and con- me today in congratulating and thank- and I hope his dear Cecilia will find gressional oversight of the govern- ing Specialist 5 McCloughan for his comfort in the immeasurable legacy ment’s foreign intelligence surveil- continued dedication and service to our left behind by such an honorable man. lance activities. Nation. Thank you. After the tragedy of the terror at- f f tacks on September 11, 2001, and the subsequent war on terror, we once REMEMBERING JAMES ‘‘BOB’’ ADDITIONAL STATEMENTS CURRIEO again faced circumstances that tested Mr. MCCAIN. Mr. President, I come the balance between the power of the to the floor today to remember the life TRIBUTE TO DAMON J. KEITH government and fundamental civil lib- erties. Judge Keith found himself rul- and legacy of one of our Nation’s vet- ∑ Mr. PETERS. Mr. President today, I erans, a longtime staffer, and a man ing against another administration in wish to recognize a crusader and legal the 2002 case, Detroit Free Press v. whom I was fortunate to call my titan, the Honorable Damon J. Keith of friend, James ‘‘Bob’’ Currieo. Fol- Ashcroft. Attorney General John Detroit, MI, for his legendary 50-year Ashcroft and Chief Immigration Judge lowing his retirement from my Tucson career as a Federal judge. office in 2013, I am grateful that Bob Michael Creppy directed that hearings Judge Keith’s career in public service regarding immigration and deportation was able to spend his final years with began during World War II, when he his beloved wife, Cecilia, before his cases, deemed to be of interest to the served in a segregated military where investigation of the September 11, 2001, passing on October 17, 2017. It is times he faced discrimination as he served like these that we must reflect on the attacks, be closed to the public. When his Nation. The injustice he experi- this case came before Judge Keith, he legacy of such individuals, who chose enced led him to dedicate his life to service above self-interest, and Bob’s affirmed that the directive was uncon- equality for all Americans. stitutional and that deportations 83-year life and service to our Nation Judge Keith received his law degree and to the great State of Arizona can- should not be shrouded in secrecy, fa- from the prestigious Howard Univer- mously proclaiming that, ‘‘Democ- not be understated. sity. His professor and mentor was By the time I met Bob in 1982, he had racies die behind closed doors.’’ none other than the Honorable already begun his tenure as the na- It is my pleasure to recognize the Thurgood Marshall, who argued the tional commander-in-chief for the Vet- Honorable Damon J. Keith for his in- landmark case Brown v. Board of Edu- erans of Foreign Wars; however, his credible half century on the bench and cation and the first African-American legacy of service began long before. A as one of the most influential jurists in decorated Korean war veteran, Bob Justice to serve on the U.S. Supreme American history. Judge Keith has a honorably served over a 22-year career Court. Just like his mentor, Judge heart of gold and a will of steel, show- in the U.S. Army, including a fortunate Keith would go on to make ing great courage in the face of danger assignment to the U.S. Army Combat groundbreaking rulings. and injustice. In his relentless pursuit Surveillance School at Fort Huachuca While African-American citizens in of equality and justice, he has garnered that would bring him to Arizona. Si- the South suffered through the institu- many honors and admirers. In his life, erra Vista introduced Bob to the rug- tionalized practices of segregation, Judge Keith not only witnessed some ged and diverse beauty of our great Michigan was not immune from racial of the most critical moments in this State, a place that he would consider discrimination. After his 1970 decision Nation’s history, but he has also con- home for the remainder of his life. in Davis v. School District of Pontiac, tributed immensely to making Amer- I was fortunate that Bob accepted a allowing busing to help integrate ica a better and more fair place. I ask role in my early Senate staff, but so schools, Judge Keith faced threats of my fellow colleagues to join me in evident was Bob’s innate dedication to violence from the Ku Klux Klan. De- thanking the Honorable Damon J. service that I fully understood and sup- spite threats placed against his own Keith for safeguarding the bedrock of ported when he temporarily departed life, Judge Keith stood firm. Judge our society the U.S. Constitution.∑ Arizona for the opportunity to con- Keith continued his fight for civil tinue his duties with the VFW as an ex- rights in 1971 when he found that the f ecutive in Washington, DC. We stayed city of Hamtramck practiced discrimi- TRIBUTE TO CHIEF ROBERT ‘‘BOB’’ in touch over the years, and I was most natory community development which JENKINS grateful when he returned to his be- largely displaced African American loved Arizona in 1996 and agreed to re- residents. He ordered the city to re- ∑ Mr. SANDERS. Mr. President, today join my Tucson office. There, he would place the homes that were demolished. I would like to recognize retired Fire spend the final 17 years of his well- After the civil unrest in Detroit in 1967, Chief Robert ‘‘Bob’’ Jenkins for 55 decorated career advocating on behalf actions were taken to improve racial years of exemplary service to his com- of veterans and servicemembers. inequality in the city. African-Ameri- munity and to Vermont. We are fortu- Every Senator will likely stress the cans accounted for one-third of De- nate to have such a dedicated public importance of providing constituent troit’s population but were underrep- servant as Chief Jenkins in our State,

VerDate Sep 11 2014 04:54 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.043 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6920 CONGRESSIONAL RECORD — SENATE October 31, 2017 and I sincerely thank him and his fam- overseeing the construction of a new Elizabeth Chester, management and ily for everything they have done for town highway facility in 2015 to 2016, program analyst; Forest Glodgett, the people of Vermont. and serving on the town select board, operational support specialist; Miranda Bob Jenkins joined the Vergennes as well as projects for the North Baltzell, immigration services officer; Fire Department in 1962, following in Ferrisburgh Methodist Church. Luke Fairman, immigration services the footsteps of his father, George Jen- The bottom line is that Bob Jenkins officer; Lisa Labarge, immigration kins. After serving for 5 years in has unselfishly protected and served services officer; Janet Marantz, immi- Vergennes, Bob helped establish the his community for 55 years. He is a gration services officer; Ryan Marlow, New Haven Volunteer Fire Department model for what leadership is about. We immigration services officer; Nathan in 1967, which became part of the must keep in mind that Bob did not do Matusick, immigration services officer; Addison County Firefighters Associa- this alone. He had the commitment and Sara Rutanhira, immigration services tion Mutual Aid system the following understanding of his wife of 52 years, officer; Susan Sheehan, immigration year. For five decades, Bob continued Mary Jane; his daughter, Robin; his services officer; Danielle Spooner, im- to work with the New Haven Fire De- son, Chris; and his stepsons, Tim, migration services officer; Shelly Wal- partment with training and guidance, Mark, and Ricky—even when Bob spent ters, immigration services officer; and whenever needed. On May 6, 2017, at the time away from home, missing family Brian Woods, immigration services of- department’s 50th anniversary, Bob dinners, family outings, birthdays, ficer. was presented with an honorary mem- holidays, and school events. The recipient of the Leadership bership. This follows the honorary I will finish with some words from Award is Michael Parascando, super- membership he received from the New Haven Assistant Chief Dean Gil- visory special agent, Homeland Secu- Vergennes Fire Department in 1982. more: ‘‘If you add Bob’s love for his rity Investigations Tip Line, Office of Bob joined the Ferrisburgh Volunteer family, his love for his community, and Intelligence, U.S. Immigration and Fire Department in 1968, where he was his love for his fellow firefighters; his Customs Enforcement, Williston. soon promoted to the rank of captain. family’s love for him, and his fellow The recipient of the Public Safety In 1970, recognizing his dedication and firefighters; his fellow firefighters’ love Award is John Marquissee, Border Pa- leadership, the department elected him for him and his family; his commu- trol agent, U.S. Border Patrol, U.S. chief, a position he held for 19 years. nity’s love for him, his family, and his Customs and Border Protection, Derby. Bob remained very active after step- fellow firefighters; we have one power- The recipient of the Community ping down as chief, spending countless ful feeling in our hearts that is ever- Service Award is Julia Hoefel, immi- hours working with successive chiefs, lasting.’’∑ gration services analyst, Northeast Re- passing on knowledge and expertise to f gional Office, U.S. Citizenship and Im- help maintain a professional and high- VERMONT FEDERAL EXECUTIVE migration Services, South Burlington. ly trained department with well-main- ASSOCIATION 2017 AWARDS The recipients of the Collaboration tained equipment. His service was de- and Partnership Award are Linette servedly recognized this past summer, ∑ Mr. SANDERS. Mr. President, to Boyse and Erin Hakey, immigration when the Ferrisburgh Fire Department commemorate Public Service Recogni- services analysts, Process Improve- took delivery of a brand-new frontline tion Week, the Vermont Federal Exec- ment and Efficiency Team, Vermont engine and dedicated it in honor of utive Association recognized Federal Service Center, U.S. Citizenship and Chief Jenkins. employees with Excellence in Govern- Immigration Services, St. Albans. Bob has been a mentor to many other ment awards. Vermont is fortunate to The recipient of the Valor Award is chiefs and firefighters throughout have thousands of Federal employees Christopher Whipple, U.S. Customs and Addison County, as well as the State of working across the State, and I am Border Protection officer, U.S. Cus- Vermont. He served on numerous com- proud of the good work they do for toms and Border Protection, Highgate mittees of the Addison County Fire- their fellow citizens. I would like to Springs. fighters Association, including Ser- offer special congratulations to the And finally, the recipient of the geant at Arms at the annual business 2017 award winners, who have truly ex- Vermont Federal Employee of the Year meeting and awards banquet. He was emplified the very best in government. Award is Amelia Palmer human re- presented with life membership to the The recipients of the Excellence in source specialist, Recruitment and association in 1993. He also served for Management and Program Support Placement Branch, Human Resources many years as an instructor for the an- Award are the Vermont Service Center Operations Center, U.S. Citizenship and nual Addison County Regional Fire Employee Services Team, U.S. Citizen- Immigration Services, South Bur- School, which draws firefighters from ship and Immigration Services, St. Al- lington. around Vermont, New York, and Can- bans, including Steffan Defeo, super- Once again, I congratulate these ada. In 1994, the 24th Annual Regional visory operational support specialist; Vermont Federal employees.∑ Fire School was dedicated to Bob for Julie Kuhn, supervisory operational his commitment to the training pro- support specialist; Angelina Bucio, f gram. operational support specialist; Joreen Bob also served as an instructor for Hatin, supervisory immigration serv- MESSAGE FROM THE PRESIDENT the Vermont State Firefighters’ Asso- ices officer; Michael Kane, supervisory A message from the President of the ciation and is a charter member of the immigration services officer; Forest United States was communicated to Vermont Fire Academy training center Glodgett, operational support spe- the Senate by Mr. Pate, one of his sec- in Pittsford. He is passionate about cialist; Ann Gratton, operational sup- retaries. teaching young firefighters all aspects port specialist; Lee Ann Jette, oper- of the fire service, from today’s fire- ational support specialist; Lisa Kline, f fighting skills to department history. operational support specialist; and His expertise in building construction Sarah Sherman, operational support PRESIDENTIAL MESSAGE has been particularly important during specialist. training and has helped keep many The recipients of the Professional Vermont firefighters safe during fire Award are the Vermont Service Center REPORT RELATIVE TO THE CON- calls. He also teaches respect for what Phase 1—Strategic Plan Team, U.S. TINUATION OF THE NATIONAL firefighters do, for fellow members, for Citizenship and Immigration Services, EMERGENCY RELATIVE TO THE leadership, and for our communities. In St. Albans, including Judith Hochberg, return, he has gained the respect of his section chief; Kyle Davis, supervisory ACTIONS AND POLICIES OF THE fellow firefighters for his willingness to immigration services officer; Joreen GOVERNMENT OF SUDAN AS DE- share his time and knowledge. Hatin, supervisory immigration serv- CLARED IN EXECUTIVE ORDER Bob’s community service does not ices officer; Michael Kane, supervisory 13067 OF NOVEMBER 3, 1997—PM 18 stop with firefighting. He has served immigration services officer; Michael The PRESIDING OFFICER laid be- the town of Ferrisburgh in many dif- Hoeflich, supervisory immigration fore the Senate the following message ferent ways, including overseeing con- services analyst; Paul Novak III, super- from the President of the United struction of a new firestation in 1993, visory immigration services analyst; States, together with an accompanying

VerDate Sep 11 2014 04:54 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.041 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6921 report; which was referred to the Com- October 25, 2017; to the Committee on Agri- ‘‘Second Five-Year Review of the Compact of mittee on Banking, Housing, and culture, Nutrition, and Forestry. Free Association, As Amended, Between the Urban Affairs: EC–3279. A communication from the Acting Governments of the United States and the Administrator, Rural Housing Service, De- Republic of the Marshall Islands’’; to the To the Congress of the United States: partment of Agriculture, transmitting, pur- Committee on Energy and Natural Re- Section 202(d) of the National Emer- suant to law , the report of a rule entitled sources. gencies Act, 50 U.S.C. 1622(d), provides ‘‘Multi-Family Housing Program Require- EC–3288. A communication from the Direc- tor of the Regulatory Management Division, for the automatic termination of a na- ments to Reduce Financial Reporting Re- quirements’’ ((7 CFR Part 3560) (RIN0575– Environmental Protection Agency, transmit- tional emergency unless, within 90 AC98)) received in the Office of the President ting, pursuant to law, the report of a rule en- days before the anniversary date of its of the Senate on October 25, 2017; to the Com- titled ‘‘Air Plan Approval; Minnesota; State declaration, the President publishes in mittee on Agriculture, Nutrition, and For- Board Requirements’’ (FRL No. 9970–14–Re- the Federal Register and transmits to estry. gion 5) received in the Office of the President the Congress a notice stating that the EC–3280. A communication from the Acting of the Senate on October 25, 2017; to the Com- emergency is to continue in effect be- Under Secretary of Defense (Intelligence), mittee on Environment and Public Works. EC–3289. A communication from the Direc- yond the anniversary date. In accord- transmitting, pursuant to law, the Depart- ment of Defense’s fiscal year 2015/2016 report tor of the Regulatory Management Division, ance with this provision, I have sent to to Congress relative to the Worldwide Nu- Environmental Protection Agency, transmit- the Federal Register for publication the clear, Biological, and Chemical Weapons and ting, pursuant to law, the report of a rule en- enclosed notice stating that the na- Ballistic and Cruise Missile Threat (OSS titled ‘‘Air Plan Approval; Illinois; Volatile tional emergency with respect to 2017–1119); to the Committee on Armed Serv- Organic Compounds Definition’’ (FRL No. Sudan declared in Executive Order ices. 9970–17–Region 5) received in the Office of the 13067 of November 3, 1997, is to continue EC–3281. A communication from the Sec- President of the Senate on October 25, 2017; retary of Defense, transmitting, pursuant to to the Committee on Environment and Pub- in effect beyond November 3, 2017. lic Works. Despite recent positive develop- law, a report relative to the current and fu- ture military strategy of Iran (OSS–2017– EC–3290. A communication from the Direc- ments, the crisis constituted by the ac- 1157); to the Committee on Armed Services. tor of the Regulatory Management Division, tions and policies of the Government of EC–3282. A communication from the Assist- Environmental Protection Agency, transmit- Sudan that led to the declaration of a ant Secretary for Export Administration, ting, pursuant to law, the report of a rule en- national emergency in Executive Order Bureau of Industry and Security, Depart- titled ‘‘Air Plan Approval; Wisconsin; 2017 13067; the expansion of that emergency ment of Commerce, transmitting, pursuant Revisions to NR 400 and 406’’ (FRL No. 9969– to law, the report of a rule entitled ‘‘Amend- 89–Region 5) received in the Office of the in Executive Order 13400 of April 26, President of the Senate on October 26, 2017; 2006; and with respect to which addi- ments to Existing Validated End-User Au- thorization in the People’s Republic of to the Committee on Environment and Pub- tional steps were taken in Executive China: Lam Research Service Company, lic Works. Order 13412 of October 13, 2006, Execu- Ltd.’’ (RIN0694–AH40) received in the Office EC–3291. A communication from the Direc- tor of the Regulatory Management Division, tive Order 13761 of January 13, 2017, and of the President of the Senate on October 25, Environmental Protection Agency, transmit- Executive Order 13804 of July 11, 2017, 2017; to the Committee on Banking, Housing, ting, pursuant to law, the report of a rule en- has not been resolved. These actions and Urban Affairs. EC–3283. A communication from the Assist- titled ‘‘Approval and Promulgation of Air and policies continue to pose an un- Quality Implementation Plans; Pennsyl- usual and extraordinary threat to the ant Secretary, Division of Trading and Mar- kets, Securities and Exchange Commission, vania; Pennsylvania’s Adoption of Control national security and foreign policy of transmitting, pursuant to law, the report of Techniques Guidelines for Automobile and Light-Duty Truck Assembly Coatings’’ (FRL the United States. I have, therefore, a rule entitled ‘‘Covered Securities Pursuant No. 9969–83–Region 3) received in the Office of determined that it is necessary to con- to Section 18 of the Securities Act of 1933’’ the President of the Senate on October 26, tinue the national emergency declared (RIN3235–AM07) received in the Office of the 2017; to the Committee on Environment and President of the Senate on October 30, 2017; in Executive Order 13067, as expanded Public Works. by Executive Order 13400, with respect to the Committee on Banking, Housing, and EC–3292. A communication from the Direc- to Sudan. Urban Affairs. tor of the Regulatory Management Division, EC–3284. A communication from the Dep- DONALD J. TRUMP. Environmental Protection Agency, transmit- uty General Counsel for Operations, Depart- THE WHITE HOUSE, October 31, 2017. ting, pursuant to law, the report of a rule en- ment of Housing and Urban Development, titled ‘‘Approval and Promulgation of State f transmitting, pursuant to law, four (4) re- Air Quality Plans and Designated Facilities EXECUTIVE AND OTHER ports relative to vacancies in the Depart- and Pollutants; City of Philadelphia; Control ment of Housing and Urban Development, re- COMMUNICATIONS of Emissions from Existing Sewage Sludge ceived in the Office of the President of the Incineration Units’’ (FRL No. 9969–92–Region The following communications were Senate on October 25, 2017; to the Committee 3) received in the Office of the President of laid before the Senate, together with on Banking, Housing, and Urban Affairs. the Senate on October 26, 2017; to the Com- accompanying papers, reports, and doc- EC–3285. A communication from the Assist- mittee on Environment and Public Works. ant Director for Regulatory Affairs, Office of uments, and were referred as indicated: EC–3293. A communication from the Direc- Foreign Assets Control, Department of the tor of the Regulatory Management Division, EC–3276. A communication from the Direc- Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- tor of the Regulatory Management Division, report of a rule entitled ‘‘Global Terrorism ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- Sanctions Regulations’’ (31 CFR Part 594) re- titled ‘‘Determination of Attainment by the ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the Attainment Date for the 2008 Ozone Stand- titled ‘‘Bacillus amyloliquefaciens strain Senate on October 30, 2017; to the Committee ard; Philadelphia-Wilmington-Atlantic City, F727; Exemption from the Requirement of a on Banking, Housing, and Urban Affairs. PA–NJ–MD–DE Nonattainment Area’’ (FRL Tolerance’’ (FRL No. 9968–40–OCSPP) re- EC–3286. A communication from the Presi- No. 9969–93–Region 3) received in the Office of ceived in the Office of the President of the dent of the United States, transmitting, pur- the President of the Senate on October 26, Senate on October 25, 2017; to the Committee suant to law, a report relative to the des- 2017; to the Committee on Environment and on Agriculture, Nutrition, and Forestry. ignation as an emergency requirement all Public Works. EC–3277. A communication from the Direc- funding (including the repurposing of funds EC–3294. A communication from the Direc- tor of the Regulatory Management Division, and cancellation of debt) so designated by tor of the Regulatory Management Division, Environmental Protection Agency, transmit- the Congress in the Further Continuing and Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Security Assistance Appropriations Act, ting, pursuant to law, the report of a rule en- titled ‘‘Hexythiazox; Pesticide Tolerances’’ 2017, pursuant to section 251 (b) (2) (A) of the titled ‘‘National Emission Standards for Haz- (FRL No. 9968–12–OCSPP) received in the Of- Balanced Budget and Emergency Deficit ardous Air Pollutants for Wool Fiberglass fice of the President of the Senate on Octo- Control Act of 1985, as amended, for the en- Manufacturing; Flame Attenuation Lines’’ ber 25, 2017; to the Committee on Agri- closed list of accounts; to the Committee on (FRL No. 9970–08–OAR) received in the Office culture, Nutrition, and Forestry. the Budget. of the President of the Senate on October 26, EC–3278. A communication from the Man- EC–3287. A communication from the Assist- 2017; to the Committee on Environment and agement Analyst, Grain Inspection, Packers ant Secretary for Insular Areas, Office of the Public Works. and Stockyards Administration, Department Secretary, Department of the Interior, trans- EC–3295. A communication from the Direc- of Agriculture, transmitting, pursuant to mitting, pursuant to law, two (2) reports en- tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Scope of titled ‘‘Second Five-Year Review of the Com- Environmental Protection Agency, transmit- Sections 202(a) and (b) of the Packers and pact of Free Association, As Amended, Be- ting, pursuant to law, the report of a rule en- Stockyards Act’’ (RIN0580–AB28) received in tween the Governments of the United States titled ‘‘National Emission Standards for Haz- the Office of the President of the Senate on and the Federated States of Micronesia’’ and ardous Air Pollutants: Publicly Owned

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.003 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6922 CONGRESSIONAL RECORD — SENATE October 31, 2017 Treatment Works Residual Risk and Tech- State, transmitting, pursuant to law, a re- 2015’’ ; to the Committee on Homeland Secu- nology Review’’ (FRL No. 9969–95–OAR) re- port relative to the amendment of a designa- rity and Governmental Affairs. ceived in the Office of the President of the tion of a group as a Foreign Terrorist Orga- EC–3312. A communication from the Chair- Senate on October 26, 2017; to the Committee nization by the Secretary of State (OSS– man of the Council of the District of Colum- on Environment and Public Works. 2017–1115); to the Committee on Foreign Re- bia, transmitting, pursuant to law, a report EC–3296. A communication from the Direc- lations. on D.C. Act 22–150, ‘‘Access to Emergency tor of the Regulatory Management Division, EC–3304. A communication from the Regu- Epinephrine in Schools Clarification Tem- Environmental Protection Agency, transmit- lations Coordinator, Office of Strategic Oper- porary Amendment Act of 2017’’ ; to the ting, pursuant to law, the report of a rule en- ations and Regulatory Affairs, Department Committee on Homeland Security and Gov- titled ‘‘Voluntary Consensus Standards Up- of Health and Human Services, transmitting, ernmental Affairs. date; Formaldehyde Emission Standards for pursuant to law, the report of a rule entitled EC–3313. A communication from the Chair- Composite Wood Products’’ ((RIN2070–AK36) ‘‘Clinical Laboratory Improvement Amend- man of the Council of the District of Colum- (FRL No. 9962–84)) received in the Office of ments of 1988 (CLIA); Fecal Occult Blood bia, transmitting, pursuant to law, a report the President of the Senate on October 26, (FOB) Testing’’ (RIN0938–AS04) received in on D.C. Act 22–151, ‘‘Public School Nurse As- 2017; to the Committee on Environment and the Office of the President of the Senate on signment Temporary Amendment Act of Public Works. October 19, 2017; to the Committee on 2017’’ ; to the Committee on Homeland Secu- EC–3297. A communication from the Dep- Health, Education, Labor, and Pensions. rity and Governmental Affairs. uty Chief Counsel, Economic Development EC–3305. A communication from the Assist- EC–3314. A communication from the Asso- Administration, Department of Commerce, ant General Counsel for Regulatory Services, ciate General Counsel for General Law, De- transmitting, pursuant to law, the report of Office of Postsecondary Education, Depart- partment of Homeland Security, transmit- a rule entitled ‘‘Elimination of Regulations ment of Education, transmitting, pursuant ting, pursuant to law, a report relative to a Implementing Community Trade Adjust- to law, the report of a rule entitled ‘‘Student vacancy in the position of Director, United ment Assistance Program’’ (RIN0610–AA70) Assistance General Provisions, Federal Per- States Citizenship and Immigration Serv- received in the Office of the President of the kins Loan Program, Federal Family Edu- ices, Department of Homeland Security, re- Senate on October 25, 2017; to the Committee cation Loan Program, William D. Ford Fed- ceived in the Office of the President of the on Finance. eral Direct Loan Program, and Teacher Edu- Senate on October 26, 2017; to the Committee EC–3298. A communication from the Chief cation Assistance for College and Higher on the Judiciary. of the Trade and Commercial Regulations Education Grant Program’’ (RIN1840–AD25) EC–3315. A communication from the Chief Branch, Bureau of Customs and Border Pro- received in the Office of the President of the of Staff, Media Bureau, Federal Communica- tection, Department of Homeland Security, Senate on October 24, 2017; to the Committee tions Commission, transmitting, pursuant to transmitting, pursuant to law, the report of on Health, Education, Labor, and Pensions. law, the report of a rule entitled ‘‘Revitaliza- a rule entitled ‘‘Removing the Prohibition EC–3306. A communication from the Acting on the Importation of Jadeite or Rubies tion of the AM Radio Service’’ ((MB Docket Assistant General Counsel for Regulatory No. 13–249) (FCC 17–119)) received in the Of- Mined or Extracted from Burma, and Arti- Affairs, Pension Benefit Guaranty Corpora- cles of Jewelry Containing Jadeite or Rubies fice of the President of the Senate on Octo- tion, transmitting, pursuant to law, the re- ber 25, 2017; to the Committee on Commerce, Mined or Extracted from Burma’’ ((RIN1515– port of a rule entitled ‘‘Benefits Payable in AE27) (CBP Dec. 17–15)) received in the Office Science, and Transportation. Terminated Single-Employer Plans; Interest EC–3316. A communication from the Attor- of the President of the Senate on October 25, Assumptions for Paying Benefits’’ (29 CFR 2017; to the Committee on Finance. ney-Advisor, U.S. Coast Guard, Department Part 4022) received in the Office of the Presi- EC–3299. A communication from the Regu- of Homeland Security, transmitting, pursu- dent of the Senate on October 25, 2017; to the lations Coordinator, Centers for Medicare ant to law, the report of a rule entitled and Medicaid Services, Department of Committee on Health, Education, Labor, and ‘‘Recreational Boat Flotation Standards— Health and Human Services, transmitting, Pensions. Update of Outboard Engine Weight Test Re- EC–3307. A communication from the Acting pursuant to law, the report of a rule entitled quirements’’ ((RIN1625–AC37) (Docket No. Director, Retirement Services, Office of Per- ‘‘Medicare Program; End-State Renal Dis- USCG–2016–1012)) received in the Office of the sonnel Management, transmitting, pursuant ease Prospective Payment System, Payment President of the Senate on October 25, 2017; to law, the report of a rule entitled ‘‘Federal for Renal Dialysis Services Furnished to In- to the Committee on Commerce, Science, Employees’ Retirement System; Government dividuals with Acute Kidney Injury, and and Transportation. Costs’’ (RIN3206–AN22) received in the Office End-State Renal Disease Quality Incentive EC–3317. A communication from the Assist- Program’’ ((RIN0938–AT04) (CMS–1674–F)) re- of the President of the Senate on October 25, ant General Counsel for Regulatory Affairs, ceived in the Office of the President of the 2017; to the Committee on Homeland Secu- Consumer Product Safety Commission, Senate on October 30, 2017; to the Committee rity and Governmental Affairs. transmitting, pursuant to law, the report of EC–3308. A communication from the Acting on Finance. a rule entitled ‘‘Safety Standard for Infant EC–3300. A communication from the Assist- Director, Office of Personnel Management, Bouncer Seats’’ ((16 CFR Part 1229) (Docket ant Legal Adviser for Treaty Affairs, Depart- transmitting, pursuant to law, the report of No. CPSC–2015–0028)) received in the Office of ment of State, transmitting, pursuant to the a rule entitled ‘‘Prevailing Rate Systems; the President of the Senate on October 25, Case-Zablocki Act, 1 U.S.C. 112b, as amended, Definition of Brown County, Wisconsin, and 2017; to the Committee on Commerce, the report of the texts and background state- Forsyth and Mecklenburg Counties, North Science, and Transportation. Carolina, to Nonappropriated Fund Federal ments of international agreements, other f than treaties (List 2017–0176–2017–0187); to the Wage System Wage Areas’’ (RIN3206–AN50) Committee on Foreign Relations. received in the Office of the President of the PETITIONS AND MEMORIALS Senate on October 25, 2017; to the Committee EC–3301. A communication from the Dep- The following petition or memorial uty Assistant Secretary, Legislative Affairs, on Homeland Security and Governmental Af- Department of State, transmitting, pursuant fairs. was laid before the Senate and was re- to section 36(c) of the Arms Export Control EC–3309. A communication from the Asso- ferred or ordered to lie on the table as Act, the certification of a proposed license ciate General Counsel for General Law, De- indicated: for the export of defense articles, including partment of Homeland Security, transmit- POM–131 A joint resolution adopted by the technical data, and defense services to Can- ting, pursuant to law, a report relative to a Legislature of the State of Texas rescinding ada to support the design, development, dem- vacancy in the position of Secretary of certain applications made by the Texas Leg- onstration, qualification, assembly, manu- Homeland Security, received in the Office of islature to the United States Congress to facture, processing, analysis , test, and modi- the President of the Senate on October 25, call a national convention under Article V of fication of Tube-launched, Optically-tracked, 2017; to the Committee on Homeland Secu- the United States Constitution for proposing Wirelessly-guided (TOW) Launch Motor pro- rity and Governmental Affairs. any amendment to the Constitution, to the EC–3310. A communication from the Acting pellant for the TOW Weapon System in the Committee on the Judiciary. amount of $28,000,000 or more (Transmittal Administrator, National Aeronautics and SENATE JOINT RESOLUTION NO. 38 No. DDTC 17–051); to the Committee on For- Space Administration, transmitting, pursu- eign Relations. ant to law, the Uniform Resource Locator Whereas, Over the years, the Texas Legis- EC–3302. A communication from the Dep- (URL) for the Administration’s 2016 FAIR lature has approved resolutions officially ap- uty Assistant Secretary, Legislative Affairs, Act Commercial Activities Inventory, the plying to the Congress of the United States Department of State, transmitting, pursuant 2016 FAIR Act Inherently Governmental Ac- to call a convention, under the terms of Arti- to law, a report consistent with the Author- tivities Inventory, and the 2016 FAIR Act Ex- cle V of the Constitution of the United ization for Use of Military Force Against ecutive Summary; to the Committee on States, to offer various amendments to that Iraq Resolution of 2002 (P.L. 107–243) and the Homeland Security and Governmental Af- Constitution; and Authorization for the Use of Force Against fairs. Whereas, While no Article V amendatory Iraq Resolution (P.L. 102–1) for the June 9, EC–3311. A communication from the Acting convention has yet taken place thus far in 2017–August 8, 2017 reporting period; to the Director, Office of Personnel Management, American history, nevertheless, there is a Committee on Foreign Relations. transmitting, pursuant to law, a report enti- very real possibility that one, of more than EC–3303. A communication from the Bu- tled ‘‘Federal Equal Opportunity Recruit- one, could be triggered at some point in the reau of Legislative Affairs, Department of ment Program (FEORP) for Fiscal Year future; and

VerDate Sep 11 2014 06:19 Nov 02, 2017 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD17\OCTOBER\S31OC7.REC S31OC7 October 31, 2017 CONGRESSIONAL RECORD — SENATE S6923 Whereas, Regardless of their age, such past REPORTS OF COMMITTEES By Mr. ROBERTS (for himself and Mr. applications from Texas lawmakers remain MORAN): alive and valid until such time as they are The following reports of committees S. 2040. A bill to designate the facility of later formally rescinded: Now, therefore, be were submitted: the United States Postal Service located at it By Mr. THUNE, from the Committee on 621 Kansas Avenue in Atchison, Kansas, as Resolved, That the 85th Legislature of the Commerce, Science, and Transportation, the ‘‘Amelia Earhart Post Office Building’’; State of Texas, Regular Session, 2017, hereby with an amendment in the nature of a sub- to the Committee on Homeland Security and officially rescinds, repeals, revokes, cancels, stitute: Governmental Affairs. voids, and nullifies any and all applications S. 1586. A bill to require the Under Sec- By Mr. BENNET (for himself, Mr. from Texas legislators prior to the 85th Leg- retary for Oceans and Atmosphere to update WYDEN, Mr. HEINRICH, and Mr. islature, Regular Session, 2017, other than periodically the environmental sensitivity FRANKEN): the application provided by H.C.R. No. 31, index products of the National Oceanic and S. 2041. A bill to promote the use of resil- Acts of the 65th Legislature, Regular Ses- Atmospheric Administration for each coastal ient energy systems to rebuild infrastructure following disasters; to the Committee on sion, 1977, that apply to the United States area of the Great Lakes, and for other pur- Homeland Security and Governmental Af- Congress for the calling of a convention, pur- poses (Rept. No. 115–180). fairs. suant to Article V of the United States Con- S. 1015. A bill to require the Federal Com- By Ms. KLOBUCHAR (for herself, Mr. stitution, regardless of how old such pre- munications Commission to study the feasi- GRASSLEY, Mr. DURBIN, and Mrs. SHA- vious applications might be, and irrespective bility of designating a simple, easy-to-re- member dialing code to be used for a na- HEEN): of what subject matters such applications S. 2042. A bill to authorize a joint action pertained to; and, be it further tional suicide prevention and mental health crisis hotline system. plan and report on drug waste; to the Com- Resolved, That the 85th Legislature of the mittee on Finance. State of Texas, Regular Session, 2017, hereby f By Mrs. MURRAY (for herself, Mr. declares that any application to the United INTRODUCTION OF BILLS AND BLUMENTHAL, Ms. BALDWIN, Ms. KLO- States Congress for the calling of a conven- JOINT RESOLUTIONS BUCHAR, Mr. FRANKEN, Mrs. FEIN- tion under Article V of the United States STEIN, Ms. HIRONO, Mr. LEAHY, and Constitution that is submitted by the Texas The following bills and joint resolu- Mr. CARDIN): Legislature during or after this Regular Ses- tions were introduced, read the first S. 2043. A bill to promote the economic se- sion shall be automatically rescinded, re- and second times by unanimous con- curity and safety of survivors of domestic vi- pealed, revoked, canceled, voided, and nul- sent, and referred as indicated: olence, dating violence, sexual assault, or lified if the applicable convention is not stalking, and for other purposes; to the Com- called on or before the eighth anniversary of By Mrs. ERNST: S. 2033. A bill to amend the Internal Rev- mittee on Health, Education, Labor, and the date the last legislative vote is taken on Pensions. enue Code of 1986 to eliminate the deduction the application; and, be it further By Mr. BLUMENTHAL (for himself, for living expenses incurred by members of Resolved, That, in a manner which would Mr. MURPHY, Mr. REED, Ms. HIRONO, Congress; to the Committee on Finance. furnish confirmation of delivery and track- Mr. MARKEY, Mr. DURBIN, Mrs. GILLI- By Mr. RISCH (for himself and Mr. ing while en route, the Texas secretary of BRAND, Ms. BALDWIN, Mrs. MURRAY, COONS): state shall transmit properly certified copies S. 2034. A bill to strengthen resources for Ms. WARREN, Ms. DUCKWORTH, Mr. of this joint resolution of rescission, pursu- entrepreneurs by improving the SCORE pro- BROWN, Mrs. SHAHEEN, Ms. HARRIS, ant to the Standing Rules of the United gram, and for other purposes; to the Com- Mr. BOOKER, and Mrs. FEINSTEIN): S. 2044. A bill to amend title 18, United States Senate (namely, Rule VII, paragraphs mittee on Small Business and Entrepreneur- States Code, to protect more victims of do- 4, 5, and 6), to the vice president of the ship. mestic violence by preventing their abusers United States (in his capacity as presiding By Mr. HEINRICH (for himself and Ms. officer of the United States Senate and ad- from possessing or receiving firearms, and COLLINS): for other purposes; to the Committee on the dressed to him at the office which he main- S. 2035. A bill to provide increased security Judiciary. tains inside the United States Capitol Build- for the voting systems of the United States, By Mr. BLUMENTHAL (for himself, ing); to the secretary and parliamentarian of to protect against intrusion, theft, manipu- Mr. MURPHY, Mr. MARKEY, Mr. DUR- the United States Senate; and to both United lation, and deletion of voter registration BIN, Mrs. GILLIBRAND, Ms. WARREN, States senators representing Texas; accom- data and ballots, or votes cast, and to pre- Mr. VAN HOLLEN, Ms. DUCKWORTH, panied by a cover letter to each addressee vent cyberattacks from malicious computer Ms. HARRIS, Mr. BOOKER, and Mrs. drawing attention to the fact that it is the hackers, and for other purposes; to the Com- FEINSTEIN): 85th Texas Legislature’s courteous, yet firm, mittee on Rules and Administration. request that the full and complete verbatim S. 2045. A bill to establish a grant program By Mr. DONNELLY (for himself, Mrs. to encourage States to adopt certain policies text of this joint resolution be duly pub- ERNST, and Mr. PORTMAN): lished in the United States Senate’s portion and procedures relating to the transfer and S. 2036. A bill to make necessary changes possession of firearms; to the Committee on of the Congressional Record as an official to the competitive need limitations provi- memorial to the United States Senate, and the Judiciary. sion of the Generalized System of Pref- By Mrs. MURRAY (for herself and Mr. that this joint resolution be referred to erences, and for other purposes; to the Com- whichever committee or committees of the SCHATZ): mittee on Finance. S. 2046. A bill to amend titles 5 and 44, United States Senate that would have appro- By Mr. DURBIN (for himself, Mr. REED, United States Code, to require Federal eval- priate jurisdiction in this matter; and, be it Mr. BLUMENTHAL, Mr. MURPHY, Ms. uation activities, improve Federal data man- further WARREN, and Mr. CARPER): agement, and for other purposes; to the Com- Resolved, That, in a manner which would S. 2037. A bill to amend the Higher Edu- mittee on Homeland Security and Govern- furnish confirmation of delivery and track- cation Act of 1965 regarding proprietary in- mental Affairs. ing while en route, the Texas secretary of stitutions of higher education in order to By Mr. MURPHY (for himself, Ms. state shall likewise transmit properly cer- protect students and taxpayers; to the Com- DUCKWORTH, Mr. SCHATZ, Mr. BOOKER, tified copies of this joint resolution of rescis- mittee on Health, Education, Labor, and Mr. SANDERS, Mr. MERKLEY, Ms. sion, pursuant to the Rules of the United Pensions. WARREN, and Mr. UDALL): States House of Representatives (namely, By Mr. MORAN (for himself, Mr. S. 2047. A bill to restrict the use of funds Rule XII, clauses 3 and 7), to the speaker, TESTER, Mr. BLUMENTHAL, Mr. for kinetic military operations in North clerk, and parliamentarian of the United BROWN, Mr. WYDEN, and Ms. COL- Korea; to the Committee on Foreign Rela- States House of Representatives; and to all LINS): tions. members of the United States House of Rep- S. 2038. A bill to amend title 38, United By Mr. WARNER (for himself, Mr. resentatives who represent districts in States Code, to provide for a presumption of CASEY, and Ms. STABENOW): Texas; likewise accompanied by a cover let- herbicide exposure for certain veterans who S. 2048. A bill to amend the Internal Rev- ter to each addressee drawing attention to served in Korea, and for other purposes; to enue Code of 1986 to provide a credit for em- the fact that it is the 85th Texas Legisla- the Committee on Veterans’ Affairs. ployer-provided worker training; to the Com- ture’s courteous, yet firm, request that the By Mr. GRASSLEY: mittee on Finance. substance of this joint resolution be accu- S. 2039. A bill to amend the Foreign Agents f rately summarized in the United States Registration Act of 1938 to promote greater House of Representatives’ portion of the transparency in the registration of persons SUBMISSION OF CONCURRENT AND Congressional Record as an official memorial serving as the agents of foreign principals, to SENATE RESOLUTIONS to the United States House of Representa- provide the Attorney General with greater The following concurrent resolutions tives, and that this joint resolution be re- authority to investigate alleged violations of ferred to whichever committee or commit- such Act and bring criminal and civil actions and Senate resolutions were read, and tees of the United States House of Rep- against persons who commit such violations, referred (or acted upon), as indicated: resentatives that would have appropriate ju- and for other purposes; to the Committee on By Mr. HOEVEN (for himself, Mr. HEIN- risdiction in this matter. Foreign Relations. RICH, Mr. ENZI, Mr. WHITEHOUSE, Mr.

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.019 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6924 CONGRESSIONAL RECORD — SENATE October 31, 2017 INHOFE, Mr. UDALL, Mr. MORAN, Mr. a voluntary registry to collect data on S. 1064 TESTER, Mr. HATCH, Mr. DONNELLY, cancer incidence among firefighters. At the request of Mr. UDALL, the Mr. PORTMAN, Mr. SCHUMER, Mr. S. 497 name of the Senator from Illinois (Ms. THUNE, Mr. ROUNDS, Mr. BENNET, Mr. At the request of Ms. CANTWELL, the DUCKWORTH) was added as a cosponsor ROBERTS, and Ms. HEITKAMP): S. Res. 315. A resolution designating No- name of the Senator from Maine (Mr. of S. 1064, a bill to amend the Richard vember 4, 2017, as National Bison Day; con- KING) was added as a cosponsor of S. B. Russell National School Lunch Act sidered and agreed to. 497, a bill to amend title XVIII of the to prohibit the stigmatization of chil- By Mr. HOEVEN (for himself, Mr. Social Security Act to provide for dren who are unable to pay for meals. UDALL, Mr. BARRASSO, Mr. THUNE, Medicare coverage of certain S. 1169 Ms. HEITKAMP, Mr. WYDEN, Mrs. MUR- lymphedema compression treatment At the request of Mr. DURBIN, the RAY, Mr. DAINES, Mr. LANKFORD, Ms. items as items of durable medical name of the Senator from Connecticut HIRONO, Mr. MORAN, Mr. HELLER, Ms. equipment. KLOBUCHAR, Ms. CANTWELL, Mr. (Mr. BLUMENTHAL) was added as a co- MERKLEY, Mr. TILLIS, Mr. KING, Mr. S. 548 sponsor of S. 1169, a bill to amend title FRANKEN, Mr. ROUNDS, Mr. TESTER, At the request of Ms. CANTWELL, the XIX of the Social Security Act to pro- Ms. STABENOW, and Mr. HEINRICH): names of the Senator from South Caro- vide States with an option to provide S. Res. 316. A resolution recognizing Na- lina (Mr. SCOTT) and the Senator from medical assistance to individuals be- tional Native American Heritage Month and Virginia (Mr. KAINE) were added as co- tween the ages of 22 and 64 for inpa- celebrating the heritages and cultures of Na- sponsors of S. 548, a bill to amend the tient services to treat substance use tive Americans and the contributions of Na- tive Americans to the United States; consid- Internal Revenue Code of 1986 to re- disorders at certain facilities, and for ered and agreed to. form the low-income housing credit, other purposes. By Ms. HARRIS (for herself, Mr. BOOK- and for other purposes. S. 1706 ER, and Mr. SCOTT): S. 646 At the request of Mrs. FEINSTEIN, her S. Res. 317. A resolution celebrating the At the request of Mr. BLUMENTHAL, name was added as a cosponsor of S. 40th anniversary of the Senate Black Legis- the name of the Senator from New 1706, a bill to prevent human health lative Staff Caucus and its achievements in York (Mrs. GILLIBRAND) was added as a the Senate; considered and agreed to. threats posed by the consumption of By Mr. WYDEN (for himself and Mr. cosponsor of S. 646, a bill to amend equines raised in the United States. MERKLEY): title 38, United States Code, to improve S. 1718 S. Res. 318. A resolution honoring the Port- the enforcement of employment and re- At the request of Mr. KENNEDY, the land Thorns FC as the champion of the Na- employment rights of members of the name of the Senator from Colorado tional Women’s Soccer League in 2017; to the uniformed services, to amend the (Mr. BENNET) was added as a cosponsor Committee on Commerce, Science, and Servicemembers Civil Relief Act to im- Transportation. of S. 1718, a bill to authorize the mint- prove the protection of members of the ing of a coin in honor of the 75th anni- f uniformed services, and for other pur- versary of the end of World War II, and ADDITIONAL COSPONSORS poses. for other purposes. S. 778 S. 179 S. 1753 At the request of Ms. KLOBUCHAR, the At the request of Mr. HELLER, the At the request of Mr. GRASSLEY, the name of the Senator from Connecticut names of the Senator from Oklahoma names of the Senator from Maine (Mr. (Mr. BLUMENTHAL) was added as a co- KING) and the Senator from North (Mr. LANKFORD) and the Senator from sponsor of S. 778, a bill to require the Carolina (Mr. TILLIS) were added as co- Georgia (Mr. PERDUE) were added as co- use of prescription drug monitoring sponsors of S. 1753, a bill to amend the sponsors of S. 179, a bill to expand the programs and to facilitate information S.A.F.E. Mortgage Licensing Act of use of E–Verify, to hold employers ac- sharing among States. countable, and for other purposes. 2008 to provide a temporary license for S. 793 S. 324 loan originators transitioning between At the request of Mr. BOOKER, the employers, and for other purposes. At the request of Mr. HATCH, the name of the Senator from California S. 1829 name of the Senator from Illinois (Ms. (Mrs. FEINSTEIN) was added as a co- DUCKWORTH) was added as a cosponsor sponsor of S. 793, a bill to prohibit sale At the request of Mr. GRASSLEY, the of S. 324, a bill to amend title 38, of shark fins, and for other purposes. name of the Senator from New Jersey (Mr. BOOKER) was added as a cosponsor United States Code, to improve the S. 833 provision of adult day health care serv- of S. 1829, a bill to amend title V of the At the request of Mr. TESTER, the Social Security Act to extend the Ma- ices for veterans. name of the Senator from New Hamp- ternal, Infant, and Early Childhood S. 339 shire (Ms. HASSAN) was added as a co- Home Visiting Program. At the request of Mr. NELSON, the sponsor of S. 833, a bill to amend title name of the Senator from Oregon (Mr. 38, United States Code, to expand S. 1893 MERKLEY) was added as a cosponsor of health care and benefits from the De- At the request of Mr. PERDUE, the S. 339, a bill to amend title 10, United partment of Veterans Affairs for mili- name of the Senator from Alabama States Code, to repeal the requirement tary sexual trauma, and for other pur- (Mr. STRANGE) was added as a cospon- for reduction of survivor annuities poses. sor of S. 1893, a bill to amend the Dodd- under the Survivor Benefit Plan by S. 925 Frank Wall Street Reform and Con- veterans’ dependency and indemnity At the request of Mrs. ERNST, the sumer Protection Act to specify when compensation, and for other purposes. name of the Senator from New Jersey bank holding companies may be sub- S. 374 (Mr. BOOKER) was added as a cosponsor ject to certain enhanced supervision, At the request of Mr. BLUNT, the of S. 925, a bill to amend title 38, and for other purposes. name of the Senator from Georgia (Mr. United States Code, to improve the S. 1976 ISAKSON) was added as a cosponsor of S. ability of health care professionals to At the request of Mr. SCOTT, the 374, a bill to enable concrete masonry treat veterans through the use of tele- name of the Senator from North Da- products manufacturers to establish, medicine, and for other purposes. kota (Ms. HEITKAMP) was added as a co- finance, and carry out a coordinated S. 967 sponsor of S. 1976, a bill to allow all in- program of research, education, and At the request of Ms. STABENOW, the dividuals purchasing health insurance promotion to improve, maintain, and name of the Senator from Massachu- in the individual market the option to develop markets for concrete masonry setts (Mr. MARKEY) was added as a co- purchase a lower premium copper plan. products. sponsor of S. 967, a bill to amend title S. 2006 S. 382 XVIII of the Social Security Act to in- At the request of Mrs. FEINSTEIN, the At the request of Ms. DUCKWORTH, crease access to ambulance services name of the Senator from Connecticut her name was added as a cosponsor of under the Medicare program and to re- (Mr. BLUMENTHAL) was added as a co- S. 382, a bill to require the Secretary of form payments for such services under sponsor of S. 2006, a bill to require Health and Human Services to develop such program, and for other purposes. breast density reporting to physicians

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.012 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6925 and patients by facilities that perform ‘‘(B) FEDERAL FUNDS.—In this paragraph, ‘‘(IV) the amount of Federal funds provided mammograms, and for other purposes. the term ‘Federal funds’ means any Federal to the institution to pay institutional financial assistance provided, under this Act charges for a student that were refunded or S. 2009 or any other Federal law, through a grant, returned; and At the request of Mr. MURPHY, the contract, subsidy, loan, guarantee, insur- ‘‘(V) the amount charged for books, sup- name of the Senator from Ohio (Mr. ance, or other means to a proprietary insti- plies, and equipment, unless the institution BROWN) was added as a cosponsor of S. tution, including Federal financial assist- includes that amount as tuition, fees, or 2009, a bill to require a background ance that is disbursed or delivered to an in- other institutional charges. check for every firearm sale. stitution or on behalf of a student or to a ‘‘(D) REPORT TO CONGRESS.—Not later than S. 2011 student to be used to attend the institution, July 1, 2018, and by July 1 of each succeeding except that such term shall not include any At the request of Mr. SANDERS, the year, the Secretary shall submit to the au- monthly housing stipend provided under the name of the Senator from Connecticut thorizing committees a report that contains, Post-9/11 Veterans Educational Assistance for each proprietary institution of higher (Mr. BLUMENTHAL) was added as a co- Program under chapter 33 of title 38, United education that receives assistance under sponsor of S. 2011, a bill to amend title States Code. title IV and as provided in the audited finan- XVIII of the Social Security Act to ‘‘(C) IMPLEMENTATION OF NON-FEDERAL REV- cial statements submitted to the Secretary provide for the negotiation of lower ENUE REQUIREMENT.—In making calculations by each institution pursuant to the require- covered part D drug prices on behalf of under subparagraph (A), an institution of ments of section 487(c)— Medicare beneficiaries and the estab- higher education shall— ‘‘(i) the amount and percentage of such in- ‘‘(i) use the cash basis of accounting; stitution’s revenues received from Federal lishment and application of a for- ‘‘(ii) consider as revenue only those funds mulary by the Secretary of Health and funds; and generated by the institution from— ‘‘(ii) the amount and percentage of such in- Human Services under Medicare part ‘‘(I) tuition, fees, and other institutional stitution’s revenues received from other D, and for other purposes. charges for students enrolled in programs el- sources.’’. igible for assistance under title IV; S. 2016 (b) REPEAL OF EXISTING REQUIREMENTS.— ‘‘(II) activities conducted by the institu- At the request of Mr. MARKEY, the Section 487 of the Higher Education Act of tion that are necessary for the education and names of the Senator from Massachu- 1965 (20 U.S.C. 1094) is amended— training of the institution’s students, if such (1) in subsection (a)— setts (Ms. WARREN) and the Senator activities are— (A) by striking paragraph (24); from Oregon (Mr. MERKLEY) were added ‘‘(aa) conducted on campus or at a facility (B) by redesignating paragraphs (25) as cosponsors of S. 2016, a bill to pre- under the control of the institution; through (29) as paragraphs (24) through (28), vent an unconstitutional strike against ‘‘(bb) performed under the supervision of a respectively; North Korea. member of the institution’s faculty; and ‘‘(cc) required to be performed by all stu- (C) in paragraph (24)(A)(ii) (as redesignated f dents in a specific educational program at by subparagraph (B)), by striking ‘‘sub- STATEMENTS ON INTRODUCED the institution; and section (e)’’ and inserting ‘‘subsection (d)’’; and BILLS AND JOINT RESOLUTIONS ‘‘(III) a contractual arrangement with a Federal agency for the purpose of providing (D) in paragraph (26) (as redesignated by By Mr. DURBIN (for himself, Mr. job training to low-income individuals who subparagraph (B)), by striking ‘‘subsection REED, Mr. BLUMENTHAL, Mr. are in need of such training; (h)’’ and inserting ‘‘subsection (g)’’; MURPHY, Ms. WARREN, and Mr. ‘‘(iii) presume that any Federal funds that (2) by striking subsection (d); (3) by redesignating subsections (e) CARPER): are disbursed or delivered to an institution S. 2037. A bill to amend the Higher on behalf of a student or directly to a stu- through (j) as subsections (d) through (i), re- dent will be used to pay the student’s tui- spectively; Education Act of 1965 regarding propri- (4) in subsection (f)(1) (as redesignated by etary institutions of higher education tion, fees, or other institutional charges, re- gardless of whether the institution credits paragraph (3)), by striking ‘‘subsection in order to protect students and tax- such funds to the student’s account or pays (e)(2)’’ and inserting ‘‘subsection (d)(2)’’; and payers; to the Committee on Health, such funds directly to the student, except to (5) in subsection (g)(1) (as redesignated by Education, Labor, and Pensions. the extent that the student’s tuition, fees, or paragraph (3)), by striking ‘‘subsection Mr. DURBIN. Mr. President, I ask other institutional charges are satisfied by— (a)(27)’’ in the matter preceding subpara- unanimous consent that the text of the ‘‘(I) grant funds provided by an outside graph (A) and inserting ‘‘subsection (a)(26)’’. bill be printed in the RECORD. source that— (c) CONFORMING AMENDMENTS.—The Higher There being no objection, the text of ‘‘(aa) has no affiliation with the institu- Education Act of 1965 (20 U.S.C. 1001 et seq.) the bill was ordered to be printed in tion; and is amended— ‘‘(bb) shares no employees with the institu- (1) in section 152 (20 U.S.C. 1019a)— the RECORD, as follows: tion; and (A) in subsection (a)(1)(A), by striking S. 2037 ‘‘(II) institutional scholarships described ‘‘subsections (a)(27) and (h) of section 487’’ Be it enacted by the Senate and House of Rep- in clause (v); and inserting ‘‘subsections (a)(26) and (g) of resentatives of the United States of America in ‘‘(iv) include no loans made by an institu- section 487’’; and Congress assembled, tion of higher education as revenue to the (B) in subsection (b)(1)(B)(i)(I), by striking SECTION 1. SHORT TITLE. school, except for payments made by stu- ‘‘section 487(e)’’ and inserting ‘‘section This Act may be cited as the ‘‘Protecting dents on such loans; 487(d)’’; Our Students and Taxpayers Act of 2017’’ or ‘‘(v) include a scholarship provided by the (2) in section 153(c)(3) (20 U.S.C. 1019b(c)(3)), ‘‘POST Act of 2017’’. institution— by striking ‘‘section 487(a)(25)’’ each place SEC. 2. 85/15 RULE. ‘‘(I) only if the scholarship is in the form of the term appears and inserting ‘‘section (a) IN GENERAL.—Section 102(b) of the monetary aid based upon the academic 487(a)(24)’’; Higher Education Act of 1965 (20 U.S.C. achievements or financial need of students, (3) in section 496(c)(3)(A) (20 U.S.C. 1002(b)) is amended— disbursed to qualified student recipients dur- 1099b(c)(3)(A)), by striking ‘‘section 487(f)’’ (1) in paragraph (1)— ing each fiscal year from an established re- and inserting ‘‘section 487(e)’’; and (A) in subparagraph (D), by striking ‘‘and’’ stricted account; and (4) in section 498(k)(1) (20 U.S.C. after the semicolon; ‘‘(II) only to the extent that funds in that 1099c(k)(1)), by striking ‘‘section 487(f)’’ and (B) in subparagraph (E), by striking the pe- account represent designated funds, or in- inserting ‘‘section 487(e)’’. riod at the end and inserting ‘‘; and’’; and come earned on such funds, from an outside (C) by adding at the end the following: source that— By Mr. GRASSLEY: ‘‘(F) meets the requirements of paragraph ‘‘(aa) has no affiliation with the institu- (2).’’; tion; and S. 2039. A bill to amend the Foreign (2) by redesignating paragraph (2) as para- ‘‘(bb) shares no employees with the institu- Agents Registration Act of 1938 to pro- graph (3); and tion; and mote greater transparency in the reg- (3) by inserting after paragraph (1) the fol- ‘‘(vi) exclude from revenues— istration of persons serving as the lowing: ‘‘(I) the amount of funds the institution re- agents of foreign principals, to provide ‘‘(2) REVENUE SOURCES.— ceived under part C of title IV, unless the in- the Attorney General with greater au- ‘‘(A) IN GENERAL.—In order to qualify as a stitution used those funds to pay a student’s thority to investigate alleged viola- proprietary institution of higher education institutional charges; tions of such Act and bring criminal under this subsection, an institution shall ‘‘(II) the amount of funds the institution derive not less than 15 percent of the institu- received under subpart 4 of part A of title IV; and civil actions against persons who tion’s revenues from sources other than Fed- ‘‘(III) the amount of funds provided by the commit such violations, and for other eral funds, as calculated in accordance with institution as matching funds for any Fed- purposes; to the Committee on Foreign subparagraphs (B) and (C). eral program; Relations.

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Mr. President, I ask copy of such demand upon the person from ‘‘(c) PROTECTED MATERIAL OR INFORMA- unanimous consent that the text of the whom the discovery was obtained and notify TION.— bill be printed in the RECORD. the person to whom such demand is issued of ‘‘(1) IN GENERAL.—A civil investigative de- There being no objection, the text of the date on which such copy was served. mand issued under subsection (a) may not re- ‘‘(2) LIMITING INDIVIDUALS WHO MAY SERVE quire the production of any documentary the bill was ordered to be printed in AS DESIGNEES.—The Attorney General may material, the submission of any answers to the RECORD, as follows: not designate any individual other than the written interrogatories, or the giving of any S. 2039 Assistant Attorney General for National Se- oral testimony if such material, answers, or Be it enacted by the Senate and House of Rep- curity or a Deputy Attorney General to testimony would be protected from disclo- resentatives of the United States of America in carry out the authority provided under this sure under— Congress assembled, section. ‘‘(A) the standards applicable to subpoenas SECTION 1. SHORT TITLE. ‘‘(b) CONTENTS AND DEADLINES.— or subpoenas duces tecum issued by a court This Act may be cited as the ‘‘Disclosing ‘‘(1) IN GENERAL.—Each demand issued of the United States in aid of a grand jury Foreign Influence Act’’. under subsection (a) shall— investigation; or SEC. 2. REPEALING EXEMPTION FROM REGISTRA- ‘‘(A) state the nature of the conduct con- ‘‘(B) the standards applicable to discovery TION UNDER FOREIGN AGENTS REG- stituting the alleged violation of this Act requests under the Federal Rules of Civil ISTRATION ACT OF 1938 FOR PER- which is under investigation and the provi- Procedure, to the extent that the application SONS FILING DISCLOSURE REPORTS sion of this Act alleged to be violated; of such standards to any such demand is ap- UNDER LOBBYING DISCLOSURE ACT propriate and consistent with the provisions OF 1995. ‘‘(B) if such demand is for the production of documentary material— and purposes of this Act. (a) REPEAL OF EXEMPTION.—Section 3 of ‘‘(2) EFFECT ON OTHER ORDERS, RULES, AND the Foreign Agents Registration Act of 1938 ‘‘(i) describe each class of documentary LAWS.—Any such demand which is an express (22 U.S.C. 613) is amended by striking sub- material to be produced with such definite- ness and certainty as to permit such mate- demand for any product of discovery super- section (h). sedes any inconsistent order, rule, or provi- (b) TIMING OF FILING OF REGISTRATION rial to be fairly identified; sion of law (other than this Act) preventing STATEMENTS.—Section 2 of the Foreign ‘‘(ii) prescribe a return date for each such or restraining disclosure of such product of Agents Registration Act of 1938 (22 U.S.C. class which will provide a reasonable period discovery to any person. Disclosure of any 612) is amended— of time within which the material so de- product of discovery pursuant to any such (1) in subsection (a), in the matter pre- manded may be assembled and made avail- express demand does not constitute a waiver ceding paragraph (1), in the fourth sentence, able for inspection and copying or reproduc- of any right or privilege, including without by striking ‘‘The registration statement tion; and limitation any right or privilege which may shall include’’ and inserting ‘‘Except as pro- ‘‘(iii) identify the custodian to whom such be invoked to resist discovery of trial prepa- vided in subsection (h), the registration material shall be made available; ration materials, to which the person mak- statement shall include’’; and ‘‘(C) if such demand is for answers to writ- ing such disclosure may be entitled. (2) by adding at the end the following: ten interrogatories— ‘‘(d) SERVICE; JURISDICTION.— ‘‘(h) TIMING FOR FILING OF STATEMENTS BY ‘‘(i) set forth with specificity the written ‘‘(1) BY WHOM SERVED.—Any civil investiga- PERSONS REGISTERED UNDER LOBBYING DIS- interrogatories to be answered; tive demand issued under subsection (a) may CLOSURE ACT OF 1995.—In the case of an agent ‘‘(ii) prescribe dates at which time answers of a person described in section 1(b)(2) or an to written interrogatories shall be sub- be served by an appropriate investigator, or entity described in section 1(b)(3) who has mitted; and by a United States marshal or deputy mar- registered under the Lobbying Disclosure ‘‘(iii) identify the custodian to whom such shal, at any place within the territorial ju- Act of 1995 (2 U.S.C. 1601 et seq.), after the answers shall be submitted; and risdiction of any court of the United States. agent files the first registration required ‘‘(D) if such demand is for the giving of ‘‘(2) SERVICE IN FOREIGN NATIONS.—Any under subsection (a) in connection with the oral testimony— such demand or petition filed under sub- agent’s representation of such person or en- ‘‘(i) prescribe a date, time, and place at section (k) may be served upon any person tity, the agent shall file all subsequent which oral testimony shall be commenced; who is not to be found within the territorial statements required under this section at ‘‘(ii) identify an investigator who shall jurisdiction of any court of the United the same time, and in the same frequency, as conduct the examination and the custodian States, in such manner as the Federal Rules the reports filed with the Clerk of the House to whom the transcript of such examination of Civil Procedure prescribe for service in a of Representatives or the Secretary of the shall be submitted; foreign country. To the extent that the Senate (as the case may be) under section 5 ‘‘(iii) specify that such attendance and tes- courts of the United States can assert juris- of the Lobbying Disclosure Act of 1995 (2 timony are necessary to the conduct of the diction over any such person consistent with U.S.C. 1604) in connection with the agent’s investigation; due process, the United States District Court representation of such person or entity.’’. ‘‘(iv) notify the person receiving the de- for the District of Columbia shall have the same jurisdiction to take any action respect- SEC. 3. PROMOTING ENFORCEMENT OF REG- mand of the right to be accompanied by an ISTRATION REQUIREMENTS FOR attorney and any other representative; and ing compliance with this Act by any such FOREIGN AGENTS BY AUTHORIZING ‘‘(v) describe the general purpose for which person that such court would have if such ATTORNEY GENERAL TO ISSUE the demand is being issued and the general person were personally within the jurisdic- CIVIL INVESTIGATIVE DEMANDS. nature of the testimony, including the pri- tion of such court. The Foreign Agents Registration Act of mary areas of inquiry, which will be taken ‘‘(e) SERVICE UPON LEGAL ENTITIES AND 1938 (22 U.S.C. 611 et seq.) is amended by add- pursuant to the demand. NATURAL PERSONS.— ing at the end the following: ‘‘(2) PRODUCT OF DISCOVERY.—Any civil in- ‘‘(1) LEGAL ENTITIES.—Service of any civil ‘‘SEC. 12. CIVIL INVESTIGATIVE DEMANDS. vestigative demand issued under this section investigative demand issued under sub- ‘‘(a) AUTHORITY OF ATTORNEY GENERAL.— which is an express demand for any product section (a) or of any petition filed under sub- ‘‘(1) AUTHORITY DESCRIBED.—Whenever the of discovery shall not be returned or return- section (k) may be made upon a partnership, Attorney General or the Attorney General’s able until 20 days after a copy of such de- corporation, association, or other legal enti- designee has reason to believe that any per- mand has been served upon the person from ty by— son may be in possession, custody, or control whom the discovery was obtained. ‘‘(A) delivering a duly executed copy of of any documentary material, or may have ‘‘(3) DATE.—The date prescribed for the such demand or petition to any partner, ex- any information, relevant to an investiga- commencement of oral testimony pursuant ecutive officer, managing agent, or general tion under this Act, the Attorney General or to a civil investigative demand issued under agent of the partnership, corporation, asso- designee may, prior to the institution of a subsection (a) shall be a date which is not ciation, or entity, or to any agent thereof civil or criminal proceeding by the United less than 7 days after the date on which de- authorized by appointment or by law to re- States thereon, issue in writing, and cause to mand is received, unless the Attorney Gen- ceive service of process on behalf of such be served upon such person, a civil investiga- eral or the Attorney General’s designee de- partnership, corporation, association, or en- tive demand requiring such person to termines that exceptional circumstances are tity; produce such documentary material for in- present which warrant the commencement of ‘‘(B) delivering a duly executed copy of spection and copying or reproduction, to an- such testimony within a lesser period of such demand or petition to the principal of- swer in writing written interrogatories with time. fice or place of business of the partnership, respect to such documentary material or in- ‘‘(4) NOTIFICATION.—The Attorney General corporation, association, or entity to be formation, to give oral testimony concerning shall not authorize the issuance under this served; or such documentary material or information, section of more than one civil investigative ‘‘(C) depositing an executed copy of such or to furnish any combination of such mate- demand for oral testimony by the same per- demand or petition in the United States rial, answers, or testimony. Whenever a civil son unless the person requests otherwise or mails by registered or certified mail, with a investigative demand is an express demand unless the Attorney General, after investiga- return receipt requested, duly addressed to for any product of discovery, the Attorney tion, notifies that person in writing that an such partnership, corporation, association, General or designee shall cause to be served, additional demand for oral testimony is nec- or entity at its principal office or place of in any manner authorized by this section, a essary. business.

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‘‘(2) NATURAL PERSONS.—Service of any ‘‘(1) PROCEDURES.—The examination of any ‘‘(A) IN GENERAL.—Any person compelled to such demand or petition may be made upon person pursuant to a civil investigative de- appear for oral testimony under a civil inves- any natural person by— mand for oral testimony served under this tigative demand issued under subsection (a) ‘‘(A) delivering a duly executed copy of section shall be taken before an officer au- may be accompanied, represented, and ad- such demand or petition to the person to be thorized to administer oaths and affirma- vised by counsel. Counsel may advise such served; or tions by the laws of the United States or of person, in confidence, with respect to any ‘‘(B) depositing an executed copy of such the place where the examination is held. The question asked of such person. Such person demand or petition in the United States officer before whom the testimony is to be or counsel may object on the record to any mails by registered or certified mail, with a taken shall put the witness on oath or affir- question, in whole or in part, and shall brief- return receipt requested, duly addressed to mation and shall personally, or by someone ly state for the record the reason for the ob- such person at the person’s residence or prin- acting under the direction of the officer and jection. An objection may be made, received, cipal office or place of business. in the officer’s presence, record the testi- and entered upon the record when it is ‘‘(f) PROOF OF SERVICE.—A verified return mony of the witness. The testimony shall be claimed that such person is entitled to refuse by the individual serving any civil investiga- taken stenographically and transcribed. to answer the question on the grounds of any tive demand under subsection (a) or any peti- When the testimony is fully transcribed, the constitutional or other legal right or privi- tion filed under subsection (k) setting forth officer before whom the testimony is taken lege, including the privilege against self-in- the manner of such service shall be proof of shall promptly transmit a copy of the tran- crimination. Such person may not otherwise such service. In the case of service by reg- script of the testimony to the custodian. object to or refuse to answer any question, and may not directly or through counsel oth- istered or certified mail, such return shall be This subsection shall not preclude the taking erwise interrupt the oral examination. If accompanied by the return post office re- of testimony by any means authorized by, such person refuses to answer any question, ceipt of delivery of such demand. and in a manner consistent with, the Federal a petition may be filed in the district court ‘‘(g) DOCUMENTARY MATERIAL.— Rules of Civil Procedure. of the United States under subsection (k)(1) ‘‘(1) SWORN CERTIFICATES.—The production ‘‘(2) PERSONS PRESENT.—The investigator for an order compelling such person to an- of documentary material in response to a conducting the examination shall exclude swer such question. civil investigative demand served pursuant from the place where the examination is held ‘‘(B) COMPELLED TESTIMONY.—If such per- to this section shall be made under a sworn all persons except the person giving the tes- certificate, in such form as the demand des- son refuses to answer any question on the timony, the attorney for and any other rep- grounds of the privilege against self-incrimi- ignates, by— resentative of the person giving the testi- ‘‘(A) in the case of a natural person, the nation, the testimony of such person may be mony, the attorney for the Government, any compelled in accordance with the provisions person to whom the demand is directed; or person who may be agreed upon by the attor- ‘‘(B) in the case of a person other than a of part V of title 18, United States Code. ney for the Government and the person giv- ‘‘(8) WITNESS FEES AND ALLOWANCES.—Any natural person, a person having knowledge of ing the testimony, the officer before whom the facts and circumstances relating to such person appearing for oral testimony under a the testimony is to be taken, and any ste- civil investigative demand issued under sub- production and authorized to act on behalf of nographer taking such testimony. such person, section (a) shall be entitled to the same fees ‘‘(3) WHERE TESTIMONY TAKEN.—The oral and allowances which are paid to witnesses to the effect that all of the documentary ma- testimony of any person taken pursuant to a in the district courts of the United States. terial required by the demand and in the pos- civil investigative demand served under this ‘‘(j) CUSTODIANS OF DOCUMENTS, ANSWERS, session, custody, or control of the person to section shall be taken in the judicial district AND TRANSCRIPTS.— whom the demand is directed has been pro- of the United States within which such per- ‘‘(1) DESIGNATION.—The Attorney General, duced and made available to the custodian. son resides, is found, or transacts business, or designee in accordance with this Act, ‘‘(2) PRODUCTION OF MATERIALS.—Any per- or in such other place as may be agreed upon shall designate an investigator to serve as son upon whom any civil investigative de- by the investigator conducting the examina- custodian of documentary material, answers mand for the production of documentary ma- tion and such person. to interrogatories, and transcripts of oral terial has been served under this section ‘‘(4) TRANSCRIPT OF TESTIMONY.—When the testimony received under this section, and shall make such material available for in- testimony is fully transcribed, the investi- shall designate such additional investigators spection and copying to the investigator gator or the officer before whom the testi- as the Attorney General determines from identified in such demand at the principal mony is taken shall afford the witness (who time to time to be necessary to serve as dep- place of business of such person, or at such may be accompanied by counsel) a reason- uties of the custodian. other place as the investigator and the per- able opportunity to examine and read the ‘‘(2) RESPONSIBILITY FOR MATERIALS; DIS- son thereafter may agree and prescribe in transcript, unless such examination and CLOSURE.— writing, or as the court may direct under reading are waived by the witness. Any ‘‘(A) IN GENERAL.—An investigator who re- subsection (k)(1). Such material shall be changes in form or substance which the wit- ceives any documentary material, answers to made so available on the return date speci- ness desires to make shall be entered and interrogatories, or transcripts of oral testi- fied in such demand, or on such later date as identified upon the transcript by the officer mony under this section shall transmit them the investigator may prescribe in writing. or the investigator with a statement of the to the custodian. The custodian shall take Such person may, upon written agreement reasons given by the witness for making physical possession of such material, an- between the person and the investigator, such changes. The transcript shall then be swers, or transcripts and shall be responsible substitute copies for originals of all or any signed by the witness, unless the witness in for the use made of them and for the return part of such material. writing waives the signing, is ill, cannot be of documentary material under paragraph ‘‘(h) INTERROGATORIES.— found, or refuses to sign. If the transcript is (4). ‘‘(1) ANSWERS.—Each interrogatory in a not signed by the witness within 30 days ‘‘(B) PREPARATION.—The custodian may civil investigative demand served pursuant after being afforded a reasonable opportunity cause the preparation of such copies of such to this section shall be answered separately to examine it, the officer or the investigator documentary material, answers to interrog- and fully in writing under oath, and it shall shall sign it and state on the record the fact atories, or transcripts of oral testimony as be submitted under a sworn certificate, in of the waiver, illness, absence of the witness, may be required for official use by any inves- such form as the demand designates, by— or the refusal to sign, together with the rea- tigator, or other officer or employee of the ‘‘(A) in the case of a natural person, the son, if any, given therefor. Department of Justice. Such material, an- person to whom the demand is directed; or ‘‘(5) CERTIFICATION AND DELIVERY TO CUSTO- swers, and transcripts may be used by any ‘‘(B) in the case of a person other than a DIAN.—The officer before whom the testi- such authorized investigator or other officer natural person, the person or persons respon- mony is taken shall certify on the transcript or employee in connection with the taking of sible for answering each interrogatory. that the witness was duly sworn by the offi- oral testimony under this section. ‘‘(2) CONTENTS OF CERTIFICATES.—The cer- cer and that the transcript is a true record of ‘‘(C) NO EXAMINATION.—Except as otherwise tificate submitted under paragraph (1) shall the testimony given by the witness, and the provided in this subsection, no documentary state that all information required by the officer or investigator shall promptly deliver material, answers to interrogatories, or demand and in the possession, custody, con- it or send it by registered or certified mail to transcripts of oral testimony, or copies trol, or knowledge of the person to whom the the custodian. thereof, while in the possession of the custo- demand is directed has been submitted. To ‘‘(6) FURNISHING OR INSPECTION OF TRAN- dian, shall be available for examination by the extent that any information is not fur- SCRIPT BY WITNESS.—Upon payment of rea- any individual other than an investigator or nished, the information shall be identified sonable charges therefor, the investigator other officer or employee of the Department and reasons set forth with particularity re- shall furnish a copy of the transcript to the of Justice authorized under subparagraph garding the reasons why the information was witness only, except that the Attorney Gen- (B). The prohibition in the preceding sen- not furnished. eral, or the Attorney General’s designee in tence on the availability of material, an- ‘‘(3) OBJECTIONS.—If any interrogatory is accordance with this Act, may for good swers, or transcripts shall not apply if con- objected to, the reasons for the objection cause limit such witness to inspection of the sent is given by the person who produced shall be stated in the certificate instead of official transcript of the witness’s testi- such material, answers, or transcripts, or, in an answer. mony. the case of any product of discovery pro- ‘‘(i) ORAL EXAMINATIONS.— ‘‘(7) CONDUCT OF ORAL TESTIMONY.— duced pursuant to an express demand for

VerDate Sep 11 2014 04:31 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.020 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6928 CONGRESSIONAL RECORD — SENATE October 31, 2017 such material, consent is given by the person ‘‘(ii) transmit in writing to the person who ‘‘(i) within 20 days after the date of service from whom the discovery was obtained. produced such material, answers, or testi- of the civil investigative demand, or at any Nothing in this subparagraph is intended to mony notice of the identity and address of time before the return date specified in the prevent disclosure to the Congress, including the successor so designated. demand, whichever date is earlier, or any committee or subcommittee of the Con- ‘‘(B) SUCCESSOR.—Any person who is des- ‘‘(ii) within such longer period as may be gress, or to any other agency of the United ignated to be a successor under this para- prescribed in writing by any investigator States for use by such agency in furtherance graph shall have, with regard to such mate- identified in the demand. of its statutory responsibilities. rial, answers, or transcripts, the same duties ‘‘(B) GROUNDS FOR RELIEF.—The petition ‘‘(D) EXAMINATION BY CERTAIN PERSONS.— and responsibilities as were imposed by this shall specify each ground upon which the pe- While in the possession of the custodian and section upon that person’s predecessor in of- titioner relies in seeking relief under sub- under such reasonable terms and conditions fice, except that the successor shall not be paragraph (A), and may be based upon any as the Attorney General shall prescribe— held responsible for any default or derelic- failure of the portions of the demand from ‘‘(i) documentary material and answers to tion which occurred before that designation. which relief is sought to comply with the interrogatories shall be available for exam- ‘‘(k) JUDICIAL PROCEEDINGS.— provisions of this section, or upon any con- ination by the person who produced such ma- ‘‘(1) PETITION FOR ENFORCEMENT.—When- stitutional or other legal right or privilege terial or answers, or by a representative of ever any person fails to comply with any of the petitioner. During the pendency of the that person authorized by that person to ex- civil investigative demand issued under sub- petition, the court may stay, as it deems amine such material and answers; and section (a), or whenever satisfactory copying proper, compliance with the demand and the ‘‘(ii) transcripts of oral testimony shall be or reproduction of any material requested in running of the time allowed for compliance available for examination by the person who such demand cannot be done and such person with the demand. produced such testimony, or by a representa- refuses to surrender such material, the At- ‘‘(4) PETITION TO REQUIRE PERFORMANCE BY tive of that person authorized by that person torney General may file, in the district court CUSTODIAN OF DUTIES.—At any time during to examine such transcripts. of the United States for any judicial district which any custodian is in custody or control ‘‘(3) USE OF MATERIAL, ANSWERS, OR TRAN- in which such person resides, is found, or of any documentary material or answers to SCRIPTS IN OTHER PROCEEDINGS.—Whenever transacts business, and serve upon such per- interrogatories produced, or transcripts of any attorney of the Department of Justice son a petition for an order of such court for oral testimony given, by any person in com- has been designated to appear before any the enforcement of the civil investigative de- pliance with any civil investigative demand court, grand jury, or Federal agency in any mand. issued under subsection (a), such person, and case or proceeding, the custodian of any doc- ‘‘(2) PETITION TO MODIFY OR SET ASIDE DE- in the case of an express demand for any umentary material, answers to interrog- MAND.— product of discovery, the person from whom atories, or transcripts of oral testimony re- ‘‘(A) IN GENERAL.—Any person who has re- such discovery was obtained, may file, in the ceived under this section may deliver to such ceived a civil investigative demand issued district court of the United States for the ju- attorney such material, answers, or tran- under subsection (a) may file, in the district dicial district within which the office of such scripts for official use in connection with court of the United States for the judicial custodian is situated, and serve upon such any such case or proceeding as such attorney district within which such person resides, is custodian, a petition for an order of such determines to be required. Upon the comple- found, or transacts business, and serve upon court to require the performance by the cus- tion of any such case or proceeding, such at- the investigator identified in such demand a todian of any duty imposed upon the custo- torney shall return to the custodian any petition for an order of the court to modify dian by this section. such material, answers, or transcripts so de- or set aside such demand. In the case of a pe- ‘‘(5) JURISDICTION.—Whenever any petition livered which have not passed into the con- tition addressed to an express demand for is filed in any district court of the United trol of such court, grand jury, or agency any product of discovery, a petition to mod- States under this subsection, such court through the introduction thereof into the ify or set aside such demand may be brought shall have jurisdiction to hear and determine record of such case or proceeding. only in the district court of the United the matter so presented, and to enter such ‘‘(4) CONDITIONS FOR RETURN OF MATERIAL.— States for the judicial district in which the order or orders as may be required to carry If any documentary material has been pro- proceeding in which such discovery was ob- out the provisions of this section. Any final duced by any person in the course of any in- tained is or was last pending. Any petition order so entered shall be subject to appeal vestigation pursuant to a civil investigative under this subparagraph must be filed— under section 1291 of title 28, United States demand under this section, and— ‘‘(i) within 20 days after the date of service Code. Any disobedience of any final order en- ‘‘(A) any case or proceeding before the of the civil investigative demand, or at any tered under this section by any court shall court or grand jury arising out of such inves- time before the return date specified in the be punished as a contempt of the court. tigation, or any proceeding before any Fed- demand, whichever date is earlier, or ‘‘(6) APPLICABILITY OF FEDERAL RULES OF eral agency involving such material, has ‘‘(ii) within such longer period as may be CIVIL PROCEDURE.—The Federal Rules of Civil been completed, or prescribed in writing by any investigator Procedure shall apply to any petition under ‘‘(B) no case or proceeding in which such identified in the demand. this subsection, to the extent that such rules material may be used has been commenced ‘‘(B) GROUNDS FOR RELIEF.—The petition are not inconsistent with the provisions of within a reasonable time after completion of shall specify each ground upon which the pe- this section. the examination and analysis of all docu- titioner relies in seeking relief under sub- ‘‘(l) DISCLOSURE EXEMPTION.—Any docu- mentary material and other information as- paragraph (A), and may be based upon any mentary material, answers to written inter- sembled in the course of such investigation, failure of the demand to comply with the rogatories, or oral testimony provided under the custodian shall, upon written request of provisions of this section or upon any con- any civil investigative demand issued under the person who produced such material, re- stitutional or other legal right or privilege subsection (a) shall be exempt from disclo- turn to such person any such material (other of such person. During the pendency of the sure under section 552 of title 5, United than copies furnished to the investigator petition in the court, the court may stay, as States Code, as described in subsection (b)(3) under subsection (g)(2) or made for the De- it deems proper, the running of the time al- of such section. partment of Justice under paragraph (2)(B)) lowed for compliance with the demand, in ‘‘(m) DEFINITIONS.—In this section— which has not passed into the control of any whole or in part, except that the person fil- ‘‘(1) the term ‘custodian’ means the custo- court, grand jury, or agency through intro- ing the petition shall comply with any por- dian, or any deputy custodian, designated by duction into the record of such case or pro- tions of the demand not sought to be modi- the Attorney General under subsection (j)(1); ceeding. fied or set aside. ‘‘(2) the term ‘documentary material’ in- ‘‘(5) APPOINTMENT OF SUCCESSOR ‘‘(3) PETITION TO MODIFY OR SET ASIDE DE- cludes the original or any copy of any book, CUSTODIANS.— MAND FOR PRODUCT OF DISCOVERY.— record, report, memorandum, paper, commu- ‘‘(A) IN GENERAL.—In the event of the ‘‘(A) IN GENERAL.—In the case of any civil nication, tabulation, chart, or other docu- death, disability, or separation from service investigative demand issued under sub- ment, or data compilations stored in or ac- in the Department of Justice of the custo- section (a) which is an express demand for cessible through computer or other informa- dian of any documentary material, answers any product of discovery, the person from tion retrieval systems, together with in- to interrogatories, or transcripts of oral tes- whom such discovery was obtained may file, structions and all other materials necessary timony produced pursuant to a civil inves- in the district court of the United States for to use or interpret such data compilations, tigative demand under this section, or in the the judicial district in which the proceeding and any product of discovery; event of the official relief of such custodian in which such discovery was obtained is or ‘‘(3) the term ‘investigation’ means any in- from responsibility for the custody and con- was last pending, and serve upon any investi- quiry conducted for the purpose of trol of such material, answers, or tran- gator identified in the demand and upon the ascertaining whether any person is or has scripts, the Attorney General or the Attor- recipient of the demand, a petition for an been engaged in any violation of this Act; ney General’s designee in accordance with order of such court to modify or set aside ‘‘(4) the term ‘investigator’ means any at- this Act shall promptly— those portions of the demand requiring pro- torney or investigator employed by the De- ‘‘(i) designate another investigator to serve duction of any such product of discovery. partment of Justice who is charged with the as custodian of such material, answers, or Any petition under this subparagraph must duty of enforcing or carrying into effect this transcripts; and be filed— Act, or any officer or employee of the United

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.020 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6929 States acting under the direction and super- tees of Congress on the results of the review were under the stewardship of private pro- vision of such attorney or investigator in carried out under paragraph (1) not later ducers, creating jobs, and contributing to connection with an investigation; than 1 year after the date of enactment of the food security of the United States by ‘‘(5) the term ‘official use’ means any use this Act and annually thereafter. providing a sustainable and healthy meat that is consistent with the law, and the regu- SEC. 5. ANALYSIS BY GOVERNMENT ACCOUNT- source; lations and policies of the Department of ABILITY OFFICE. Whereas a bison is portrayed on 2 State Justice, including use in connection with in- Not later than 3 years after the date of en- flags; ternal Department of Justice memoranda actment of this Act, the Comptroller General Whereas the bison has been adopted by 3 and reports; communications between the of the United States shall— States as the official mammal or animal of Department of Justice and a Federal, State, (1) carry out an analysis of the effective- those States; or local government agency, or a contractor ness of the enforcement and administration Whereas the buffalo nickel played an im- of a Federal, State, or local government of the Foreign Agents Registration Act of portant role in modernizing the currency of agency, undertaken in furtherance of a De- 1938 (22 U.S.C. 611 et seq.), including the ex- the United States; partment of Justice investigation or pros- tent to which the amendments made by this Whereas several sports teams have the ecution of a case; oral examinations; deposi- Act have improved the enforcement and ad- bison as a mascot, which highlights the tions; preparation for and response to civil ministration of such Act, and taking into ac- iconic significance of bison in the United discovery requests; introduction into the count the comprehensive strategy developed States; record of a case or proceeding; applications, and implemented under section 4; and Whereas a small group of ranchers helped motions, memoranda and briefs submitted to (2) submit the analysis to the Attorney save bison from extinction in the late 1800s a court or other tribunal; and communica- General, the Inspector General of the De- by gathering the remaining bison of the di- tions with Government investigators, audi- partment of Justice, and the appropriate minished herds; tors, consultants and experts, the counsel of committees of Congress. Whereas on December 8, 1905, William other parties, arbitrators and mediators, SEC. 6. DEFINITION. Hornaday, Theodore Roosevelt, and others concerning an investigation, case or pro- In this Act, the term ‘‘appropriate commit- formed the American Bison Society in re- ceeding; and tees of Congress’’ means— sponse to the near extinction of bison in the ‘‘(6) the term ‘product of discovery’ in- (1) the Committees on the Judiciary and United States; cludes— Foreign Relations of the Senate; and Whereas on October 11, 1907, the American ‘‘(A) the original or duplicate of any depo- (2) the Committee on the Judiciary of the Bison Society sent 15 captive-bred bison sition, interrogatory, document, thing, re- House of Representatives. from the New York Zoological Park, now sult of the inspection of land or other prop- SEC. 7. EFFECTIVE DATE. known as the ‘‘Bronx Zoo’’, to the first big erty, examination, or admission, which is ob- The amendments made by this Act shall game refuge in the United States, now tained by any method of discovery in any ju- take effect 180 days after the date of the en- known as the ‘‘Wichita Mountains Wildlife dicial or administrative proceeding of an ad- actment of this Act. Refuge’’; versarial nature; Whereas in 2005, the American Bison Soci- f ‘‘(B) any digest, analysis, selection, com- ety was reestablished, bringing together pilation, or derivation of any item listed in SUBMITTED RESOLUTIONS bison ranchers, managers from Indian tribes, subparagraph (A); and Federal and State agencies, conservation or- ‘‘(C) any index or other manner of access ganizations, and natural and social scientists to any item listed in subparagraph (A). SENATE RESOLUTION 315—DESIG- from the United States, Canada, and Mexico ‘‘(n) SUNSET.—The authority of the Attor- NATING NOVEMBER 4, 2017, AS to create a vision for the North American ney General to issue a civil investigative de- NATIONAL BISON DAY bison in the 21st century; mand under this section shall expire upon Whereas there are bison herds in National the expiration of the 5-year period which be- Mr. HOEVEN (for himself, Mr. HEIN- Wildlife Refuges, National Parks, and Na- gins on the date of the enactment of this sec- RICH, Mr. ENZI, Mr. WHITEHOUSE, Mr. tional Forests; tion.’’. INHOFE, Mr. UDALL, Mr. MORAN, Mr. Whereas there are bison in State-managed SEC. 4. COMPREHENSIVE STRATEGY TO IMPROVE TESTER, Mr. HATCH, Mr. DONNELLY, Mr. herds across 11 States; ENFORCEMENT AND ADMINISTRA- Whereas private, public, and tribal bison TION. PORTMAN, Mr. SCHUMER, Mr. THUNE, leaders are working together to continue (a) DEVELOPMENT OF STRATEGY.—The At- Mr. ROUNDS, Mr. BENNET, Mr. ROBERTS, bison restoration throughout North Amer- torney General shall develop and implement and Ms. HEITKAMP) submitted the fol- ica; a comprehensive strategy to improve the en- lowing resolution; which was consid- Whereas there is a growing effort to cele- forcement and administration of the Foreign ered and agreed to: Agents Registration Act of 1938 (22 U.S.C. 611 brate and officially recognize the historical, et seq.) that addresses the following issues: S. RES. 315 cultural, and economic significance of the (1) The coordination and integration of the Whereas on May 9, 2016, the North Amer- North American bison to the heritage of the work of the agencies that perform investiga- ican bison was adopted as the national mam- United States; and tions of alleged violations of the Act and mal of the United States; Whereas members of Indian tribes, bison bring actions (including criminal prosecu- Whereas bison are considered a historical producers, conservationists, sportsmen, edu- tions) to enforce the Act with the overall na- symbol of the United States; cators, and other public and private partners tional security efforts of the Department of Whereas bison were integrally linked with have celebrated the annual National Bison Justice. the economic and spiritual lives of many In- Day since 2012 and are committed to con- (2) An assessment of the appropriateness of dian tribes through trade and sacred cere- tinuing this tradition annually on the first the exemptions provided under the Act that monies; Saturday of November: Now, therefore, be it permit persons who represent the interests Whereas there are more than 60 Indian Resolved, That the Senate— of foreign principals to avoid registering tribes participating in the Intertribal Buf- (1) designates November 4, 2017, the first under the Act. falo Council; Saturday of November, as National Bison (3) A formal cost-benefit analysis of the ap- Whereas numerous members of Indian Day; and propriateness of the fee structure under the tribes are involved in bison restoration on (2) encourages the people of the United Act. tribal land; States to observe the day with appropriate (4) An assessment of the value of making Whereas members of Indian tribes have a ceremonies and activities. advisory opinions under the Act available in combined herd on more than 1,000,000 acres f whole as an informational resource. of tribal land; (b) REVIEW BY INSPECTOR GENERAL; RE- Whereas the Intertribal Buffalo Council is SENATE RESOLUTION 316—RECOG- PORTS TO CONGRESS.— a tribal organization incorporated pursuant NIZING NATIONAL NATIVE (1) REVIEW.—The Inspector General of the to section 17 of the Act of June 18, 1934 (com- AMERICAN HERITAGE MONTH Department of Justice shall carry out a reg- monly known as the ‘‘Indian Reorganization AND CELEBRATING THE HERIT- ular, ongoing review of— Act’’) (25 U.S.C. 477); AGES AND CULTURES OF NA- (A) the extent to which the Attorney Gen- Whereas bison can play an important role eral has developed and implemented the in improving the types of grasses found in TIVE AMERICANS AND THE CON- comprehensive strategy described in sub- landscapes to the benefit of grasslands; TRIBUTIONS OF NATIVE AMERI- section (a); and Whereas a bison has been depicted on the CANS TO THE UNITED STATES (B) the usage, effectiveness, and any poten- official seal of the Department of the Inte- Mr. HOEVEN (for himself, Mr. tial abuse of the authority granted to the At- rior since 1912; UDALL, Mr. BARRASSO, Mr. THUNE, Ms. torney General by this Act to issue civil in- Whereas bison hold significant economic vestigative demands. value for private producers and rural com- HEITKAMP, Mr. WYDEN, Mrs. MURRAY, (2) REPORTS TO CONGRESS.—The Inspector munities; Mr. DAINES, Mr. LANKFORD, Ms. General of the Department of Justice shall Whereas, as of 2012, the Department of Ag- HIRONO, Mr. MORAN, Mr. HELLER, Ms. submit a report to the appropriate commit- riculture estimates that 162,110 head of bison KLOBUCHAR, Ms. CANTWELL, Mr.

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.020 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6930 CONGRESSIONAL RECORD — SENATE October 31, 2017 MERKLEY, Mr. TILLIS, Mr. KING, Mr. and contributions of Native Americans and the Providence Park venue with spirit and FRANKEN, Mr. ROUNDS, Mr. TESTER, Ms. their ancestors: Now, therefore, be it pride, are the best fans in the NWSL; STABENOW, and Mr. HEINRICH) sub- Resolved, That the Senate— Whereas the Portland Thorns FC holds the mitted the following resolution; which (1) recognizes the month of November 2017 record for highest average game attendance as ‘‘National Native American Heritage was considered and agreed to: in the NWSL in 2017 and has held that record Month’’; in each year since the establishment of the S. RES. 316 (2) recognizes the Friday after Thanks- NWSL in 2013; Whereas, from November 1, 2017, through giving as ‘‘Native American Heritage Day’’ Whereas the goalkeeper of the Portland November 30, 2017, the United States cele- in accordance with section 2(10) of the Native Thorns FC, Adrianna Franch, was named the brates National Native American Heritage American Heritage Day Act of 2009 (Public NWSL Goalkeeper of the Year for 2017; Month; Law 111–33; 123 Stat. 1923); and Whereas the Portland Thorns FC adopted Whereas National Native American Herit- (3) urges the people of the United States to the official State motto of Oregon, ‘‘Alis age Month is an opportunity to consider and observe National Native American Heritage Volat Propriis’’, meaning ‘‘She Flies with recognize the contributions of Native Ameri- Month and Native American Heritage Day Her Own Wings’’, to capture the independent cans to the history of the United States; with appropriate programs and activities. spirit of Oregon; Whereas Native Americans are descendants f Whereas the Portland Thorns FC holds of the original, indigenous inhabitants of community service events to inspire and in- what is now the United States; SENATE RESOLUTION 317—CELE- volve young women and men in the Portland Whereas the Bureau of the Census esti- BRATING THE 40TH ANNIVER- community through science, technology, en- mated that, in 2010, there were more than SARY OF THE SENATE BLACK gineering, mathematics, and environmental 5,000,000 individuals of Native American de- LEGISLATIVE STAFF CAUCUS education; and scent in the United States; Whereas the success of the Portland Whereas Native Americans maintain vi- AND ITS ACHIEVEMENTS IN THE SENATE Thorns FC soccer team will broaden an ap- brant cultures and traditions and hold a preciation of athletics in young people and deeply rooted sense of community; Ms. HARRIS (for herself, Mr. BOOKER, encourage Oregonians to engage in their Whereas Native Americans have moving and Mr. SCOTT) submitted the following communities: Now, therefore, be it stories of tragedy, triumph, and persever- resolution; which was considered and Resolved, That the Senate— ance that need to be shared with future gen- agreed to: (1) honors the Portland Thorns FC as the erations; 2017 champion of the National Women’s Soc- S. RES. 317 Whereas Native Americans speak and pre- cer League; serve indigenous languages, which have con- Whereas, in 1977, Jackie Parker and Ralph (2) recognizes the outstanding achievement tributed to the English language by being Everett had the vision and courage to im- of the players, ownership, and staff of the used as names of individuals and locations prove the working conditions of Black Sen- Portland Thorns FC; and throughout the United States; ate staffers; (3) respectfully requests that the Secretary Whereas Congress has consistently re- Whereas the Senate Black Legislative of the Senate transmit an enrolled copy of affirmed the support of the United States of Staff Caucus continues to promote diversity this resolution to— tribal self-governance and self-determination and inclusion within the Senate; (A) Merritt Paulson, the Chief Executive and the commitment of the United States to Whereas, for the first time in its 40-year Officer of the Portland Thorns FC; improving the lives of all Native Americans history, the Senate Black Legislative Staff (B) Gavin Wilkinson, the General Manager by— Caucus celebrates 3 African-Americans serv- of the Portland Thorns FC; and (1) enhancing health care and law enforce- ing simultaneously in the Senate; ment resources; and (C) Mark Parsons, the Head Coach of the Whereas the Senate Black Legislative Portland Thorns FC. (2) improving the housing and socio- Staff Caucus recognizes each of the 10 cur- economic status of Native Americans; rent or former Senators of African-American f Whereas the United States is committed to descent; and strengthening the government-to-govern- AUTHORITY FOR COMMITTEES TO Whereas, the Senate Black Legislative MEET ment relationship that the United States has Staff Caucus continues to fight for the jus- maintained with the various Indian tribes; tice and equality that started during the Mr. LANKFORD. Mr. President, I Whereas Congress has recognized the con- civil rights movement of the 1960s: Now, have 9 requests for committees to meet tributions of the Iroquois Confederacy and therefore, be it the influence of the Iroquois Confederacy on during today’s session of the Senate. Resolved, That the Senate honors the Sen- They have the approval of the Majority the Founding Fathers in the drafting of the ate Black Legislative Staff Caucus for its Constitution of the United States with the many contributions and commitment to en- and Minority leaders. concepts of— rich the Senate community. Pursuant to rule XXVI, paragraph (1) freedom of speech; 5(a), of the Standing Rules of the Sen- (2) the separation of governmental powers; f and ate, the following committees are au- (3) the system of checks and balances be- SENATE RESOLUTION 318—HON- thorized to meet during today’s session tween the branches of government; ORING THE PORTLAND THORNS of the Senate: Whereas, with the enactment of the Native FC AS THE CHAMPION OF THE COMMITTEE ON COMMERCE, SCIENCE, AND American Heritage Day Act of 2009 (Public NATIONAL WOMEN’S SOCCER TRANSPORTATION Law 111–33; 123 Stat. 1922), Congress— LEAGUE IN 2017 (1) reaffirmed the government-to-govern- The Committee on Commerce, ment relationship between the United States Mr. WYDEN (for himself and Mr. Science, and Transportation is author- and Native American governments; and MERKLEY) submitted the following res- ized to meet during the session of the (2) recognized the important contributions olution; which was referred to the Senate on Tuesday, October 31, 2017, at of Native Americans to the culture of the Committee on Commerce, Science, and 10 a.m., in room SR–253 to conduct a United States; Transportation: hearing on the following nominations: Whereas Native Americans have made dis- tinct and important contributions to the S. RES. 318 Leon A. Westmoreland, of Georgia, to United States and the rest of the world in Whereas the Portland Thorns FC won the be a Director of the Amtrak Board of many fields, including the fields of agri- National Women’s Soccer League (referred Directors, Raymond Martinez, of New culture, medicine, music, language, and art; to in this preamble as the ‘‘NWSL’’) Cham- Jersey, to be Administrator of the Fed- Whereas Native Americans have distin- pionship on October 14, 2017; eral Motor Carrier Safety Administra- guished themselves as inventors, entre- Whereas the Portland Thorns FC won the tion, Diana Furchtgott-Roth, of Mary- preneurs, spiritual leaders, and scholars; NWSL Championship, an event that has been land, to be an Assistant Secretary of Whereas Native Americans have served held for 5 years, for the second time by de- with honor and distinction in the Armed feating the North Carolina Courage by a Transportation, and Bruce Landsberg, Forces and continue to serve in the Armed score of 1 to 0; of South Carolina, to be a Member of Forces in greater numbers per capita than Whereas Portland Thorns FC midfielder the National Transportation Safety any other group in the United States; Lindsey Horan scored the only goal in the Board. Whereas the United States has recognized 2017 NWSL Championship and was named the COMMITTEE ON ENERGY AND NATURAL the contribution of the Native American Most Valuable Player of that Championship; RESOURCES code talkers in World War I and World War Whereas the Head Coach, Mark Parsons, The Committee on Energy and Nat- II, who used indigenous languages as an un- and Chief Executive Officer, Merritt breakable military code, saving countless Paulson, of the Portland Thorns FC won the ural Resources is authorized to meet lives in the United States; and NWSL Championship for the second time; during the session of the Senate on Whereas the people of the United States Whereas the Rose City Riveters and the Tuesday, October 31, 2017, at 10 a.m., in have reason to honor the great achievements fans of the Portland Thorns FC, who provide room SD–366 to conduct a hearing.

VerDate Sep 11 2014 02:51 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.017 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6931 COMMITTEE ON HEALTH, EDUCATION, LABOR, tennial Commission: the Honorable yielding back of that time, the Senate AND PENSIONS BILL NELSON of Florida. vote on the confirmation of the Larsen The Committee on Health, Edu- f nomination; and that if confirmed, the cation, Labor, and Pensions is author- motion to reconsider be considered ized to meet during the session of the CALLING ON THE GOVERNMENT made and laid upon the table and the Senate on Tuesday, October 31, 2017, at OF IRAN TO RELEASE UNJUSTLY President be immediately notified of 2:30 p.m., in room SD–430 to conduct a DETAINED UNITED STATES CITI- the Senate’s action. hearing entitled ‘‘Implementation of ZENS AND LEGAL PERMANENT The PRESIDING OFFICER. Without the 21st Century Cures Act: Achieving RESIDENT ALIENS objection, it is so ordered. the Promise of Health Information Mr. MCCONNELL. Mr. President, I f Technology.’’ ask unanimous consent that the Sen- ORDERS FOR WEDNESDAY, COMMITTEE ON HOMELAND SECURITY AND ate proceed to the immediate consider- NOVEMBER 1, 2017 GOVERNMENTAL AFFAIRS ation of Calendar No. 244, S. Res. 245. The Committee on Homeland Secu- The PRESIDING OFFICER. The Mr. MCCONNELL. Mr. President, I rity and Governmental Affairs is au- clerk will report the resolution by ask unanimous consent that when the thorized to meet during the session of title. Senate completes its business today, it the Senate on Tuesday, October 31, The senior assistant legislative clerk adjourn until 10 a.m., Wednesday, No- 2017, at 10 a.m., to conduct a hearing read as follows: vember 1; further, that following the prayer and pledge, the morning hour be entitled ‘‘2017 Hurricane Season: Over- A resolution (S. Res. 245) calling on the sight of the Federal Response.’’ Government of Iran to release unjustly de- deemed expired, the Journal of pro- COMMITTEE ON HOMELAND SECURITY AND tained United States citizens and legal per- ceedings be approved to date, the time GOVERNMENTAL AFFAIRS manent resident aliens, and for other pur- for the two leaders be reserved for their The Committee on Homeland Secu- poses. use later in the day, and morning busi- rity and Governmental Affairs is au- There being no objection, the Senate ness be closed; finally, that following thorized to meet during the session of proceeded to consider the resolution. leader remarks, the Senate proceed to the Senate on Tuesday, October 31, Mr. MCCONNELL. I ask unanimous executive session and resume consider- 2017, at 2:30 p.m., to conduct a hearing consent that the resolution be agreed ation of the Larsen nomination under entitled ‘‘2020 Census: Examining Cost to, the preamble be agreed to, and the the previous order. Overruns, Information Security, and motions to reconsider be considered The PRESIDING OFFICER. Without Accuracy.’’ made and laid upon the table with no objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE intervening action or debate. f The Select Committee on Intel- The PRESIDING OFFICER. Without ORDER FOR ADJOURNMENT ligence is authorized to meet during objection, it is so ordered. Mr. MCCONNELL. Mr. President, if the session of the Senate on Tuesday, The resolution (S. Res. 245) was there is no further business to come be- October 31, 2017, at 9:30 a.m.., in room agreed to. fore the Senate, I ask unanimous con- SD–106 to conduct a hearing on the The preamble was agreed to. sent that it stand adjourned under the nomination of John C. Demers, of Vir- (The resolution, with its preamble, is previous order, following the remarks ginia, to be an Assistant Attorney Gen- printed in the RECORD of August 3, 2017, of Senators CASEY and SANDERS. eral, Department of Justice. under ‘‘Submitted Resolutions.’’) The PRESIDING OFFICER. Without SELECT COMMITTEE ON INTELLIGENCE f objection, it is so ordered. The Select Committee on Intel- The Senator from Pennsylvania. ligence is authorized to meet during RESOLUTIONS SUBMITTED TODAY f the session of the Senate on Tuesday, Mr. MCCONNELL. Mr. President, I October 31, 2017, at 2:30 p.m., in room ask unanimous consent that the Sen- OUR SYSTEM OF JUSTICE SH–219 to conduct a closed hearing. ate proceed to the en bloc consider- Mr. CASEY. Mr. President, I rise this SUBCOMMITTEE ON OCEANS, ATMOSPHERE, ation of the following Senate resolu- evening to talk about our system of FISHERIES, AND COAST GUARD tions which were submitted earlier justice. If we were to walk out from the The Subcommittee on Oceans, At- today: S. Res. 315, S. Res. 316, and S. Senate, out the front door, and across mosphere, Fisheries, and Coast of the Res. 317. the front of the Capitol directly, we Committee on Commerce, Science, and There being no objection, the Senate would find ourselves across the street Transportation is authorized to meet proceeded to consider the resolutions from the U.S. Supreme Court. during the session of the Senate on en bloc. As everyone knows, inscribed across Tuesday, October 31, 2017, at 2:30 p.m., Mr. MCCONNELL. I ask unanimous the front of the U.S. Supreme Court in room SR–253 to conduct a hearing consent that the resolutions be agreed are these words: ‘‘Equal justice under entitled ‘‘Exploring Native American to, the preambles be agreed to, and the law’’—a pretty simple statement about Subsistence Rights and International motions to reconsider be considered our system of justice, but of course Treaties.’’ made and laid upon the table, all en that has a profound meaning in our SUBCOMMITTEE ON CRIME AND TERRORISM bloc. system. The Subcommittee on Crime and The PRESIDING OFFICER. Without Hundreds of years ago, Saint Augus- Terrorism of the Committee on the Ju- objection, it is so ordered. tine said the following about justice: diciary is authorized to meet during The resolutions were agreed to. Without justice what are kingdoms but the session of the Senate on Tuesday, The preambles were agreed to. great bands of robbers. October 31, 2017, at 2:30 p.m., in room (The resolutions, with their pre- So we have always had this focus on SH–216 to conduct a hearing entitled ambles, are printed in today’s RECORD what justice means. It came into ‘‘Extremist Content and Russian under ‘‘Submitted Resolutions.’’) sharper focus, of course, when our Na- Disinformation Online: Working with f tion was born. We set up three Tech to Find Solutions.’’ branches of government—or, I should UNANIMOUS CONSENT AGREE- f say, our Founders set up three MENT—EXECUTIVE CALENDAR branches of government—one of them APPOINTMENT Mr. MCCONNELL. Mr. President, I being the judiciary and, of course, that The PRESIDING OFFICER. The ask unanimous consent that notwith- was followed, after the Constitution Chair announces, on behalf of the standing rule XXII, that at 11:30 a.m. was ratified, by the Judiciary Act of Democratic leader, pursuant to the on Wednesday, November 1, there be 30 1789. We have had that system of jus- provisions of Public Law 114–224, the minutes of postcloture time remaining tice in one form other another all these appointment of the following indi- on the Larsen nomination, equally di- years. vidual to serve as a member of the Vir- vided between the leaders or their des- In so many ways, our system of jus- gin Islands of the United States Cen- ignees, and that following the use or tice sets us apart from the world. Our

VerDate Sep 11 2014 04:31 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A31OC6.023 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE S6932 CONGRESSIONAL RECORD — SENATE October 31, 2017 system of justice, though it is often courts—these rulings have an impact every year, in every era. That is what strained and stretched and sometimes beyond just the particular case and the equal justice under the law means, and undermined, is still the envy of the particular parties or the litigants in when that doesn’t happen, when some- world. It does set us apart. We know that case, in that district, or in that one is denied equal justice under the that throughout our history—and even Supreme Court case. law even one time, of course, our sys- more recently—there are several exam- The tilt toward corporate interests tem hasn’t worked well. ples of one judge being able to stop the at the expense of everyday Americans When you see the numbers that I executive, one judge being able to re- is not confined to the Supreme Court. I cited earlier, that the Chamber of Com- verse policy or, at least, force the exec- have had serious concerns about many merce has a success rate of 70 percent, utive to make amendments to an Exec- of the judicial nominees put forward by I am not sure we can say that equal utive order, as has happened over the the Trump administration, particu- justice under the law—that principle— last couple of months. larly those nominated to sit on the cir- has been adhered to. When that hap- I think we always have to ask our- cuit courts, the highest appellate court pens, of course, what Saint Augustine selves whether or not our system of in the land other than the Supreme reminded us hundreds of year ago— justice is getting it right, whether or Court. In essence, these circuit courts, that without justice, what are king- not the balance is there. There are lots which sometimes cover more than one doms but a great band of robbers—peo- of ways to express the tension between State, are effectively the highest court ple are robbed of justice in maybe one one side and another in our system of in the land for the vast majority of case. Unfortunately we know from the justice. One way to express it—not the cases that are not heard by the Su- record that it is a lot more than one only way, but one way, when you con- preme Court. The Supreme Court may case. But one is too many if you be- sider the awesome appropriate power in take only a few cases a year, some- lieve in equal justice under law. a nation like ours—is, Will we have a times a very low percentage, or less So I have serious concerns that this system that allows everyone to get a than 5 percent in most years. basic promise—the ultimate promise of fair shot at justice, to literally fulfill The President has plucked many of justice that was enshrined in our Con- the obligation or the goal of equal jus- these nominees for the circuit courts stitution by our Founders and was tice under the law? Or will we have a from a list compiled by the Federalist brought forward by the Judiciary Act system of justice that rewards, sup- Society and the Heritage Foundation, of 1789 and which has continued to this ports, or seems to find in favor of cor- two substantial conservative organiza- present day—of equal justice under law porate interests or have a court, tions. I don’t want the Supreme Court could be in jeopardy. Some would say whether it is the Supreme Court or a chosen by the Federalist Society and that it is in jeopardy already as this Federal court of one kind or another, the Heritage Foundation. I certainly administration puts its stamp on the that is beholden to corporate interests? don’t want circuit court judges chosen, judiciary. So one way to suggest the tension and handpicked, and designated ahead of We must demand that the judiciary sometimes the conflict is to have a fair time who only have been selected from live up to the principles of equal jus- shot for everyone versus a corporate this list. That is apparently what hap- tice under the law for all the people in tilt or a corporate court or a corporate pened in the midst of the campaign. all the cases all the time. justice system. They gave the Republican nominee a I yield the floor. I would have to say that when you list and said: That is your list. You The PRESIDING OFFICER (Mr. look at some of the evidence most re- choose from them only. It wasn’t a sug- STRANGE). The Senator from Vermont. cently, the Supreme Court under Chief gested list. It was a directive. f Justice Roberts has been an ever more I think I am joined by a lot of people reliable ally to both big corporations across the country in my concern when HEALTHCARE and those with great power, those with groups like that have veto power over Mr. SANDERS. Mr. President, let me great wealth. A major study published who sits on the Supreme Court or who begin by pointing out an op-ed that ap- by the Minnesota Law Review in 2013 has veto power over those who sit on peared in the Boston Globe today. It is found that the four conservative Jus- Federal courts. an op-ed that I wrote. It is called ‘‘The tices currently sitting on the Court— Like several of the conservative Jus- health care crisis no one is talking Justices Alito, Roberts, Thomas, and tices on the Supreme Court, many of about.’’ Kennedy—are among the six most busi- these nominees on this list from the Mr. President, I ask unanimous con- ness friendly Supreme Court Justices Federalist Society and the Heritage sent that this op-ed be printed in the since 1946. So found the major study in Foundation have a corporate philos- RECORD. the Minnesota Law Review just 4 years ophy, a philosophy that ignores the re- There being no objection, the mate- ago. So four Justices on the Court now alities faced by many Americans, the rial was ordered to be printed in the were found among the six most busi- realities faced by many workers across RECORD, as follows: ness friendly. That is one indicator. our country. [From the Boston Globe, Oct. 31, 2017] Another review by the Constitutional The records of these nominees indi- THE HEALTH CARE CRISIS NO ONE IS TALK- Accountability Center, which, of cate that this problem will only be ex- ING ABOUT course, is ongoing as decisions are acerbated and workers and their fami- (By Bernie Sanders) handed down, shows the consequences lies will continue to have the deck The United States faces a major crisis in of the Court’s corporate tilt, finding stacked against them in the real world, primary health care, and unless Congress that the Chamber of Commerce has had not the world of briefs and the world of acts immediately it is likely to become a success rate of 70 percent—7–0, a suc- Supreme Court juris prudence and the much worse. cess rate of 70 percent—in cases before world of arguments in front of the Su- Millions of Americans are at risk of losing the Roberts Court, a significant in- preme Court. But in the real world, the their access to health care because Congress crease over previous Courts. So these decks will be stacked against them—in did not renew funding for the community health center program at the end of the fis- are two major indicators of the cor- the real world of making ends meet in cal year, Sept. 30. Unless we renew funding porate tilt of this Supreme Court. a family, in the struggles that people immediately, 70 percent of funding will be Now, these cases are important to have every day, and in the real world of cut, the doors of 2,800 community health cen- every person—cases involving, for ex- working every day for long hours and ters will close, and 9 million patients will ample, rules for consumer contracts, sometimes in not the best working con- lose access to quality health care. That is challenges to regulations ensuring fair ditions and up against very powerful unacceptable. pay and labor standards, attempts by forces. Our nation’s community health centers consumers to hold companies account- The fundamental promise of our provide affordable, high-quality health care able for product safety and much, court system is this principle of justice to more than 27 million people. This includes not only primary health care, but also den- much more. Because the Supreme I talked about earlier—the principle tistry, counseling, and low-cost prescription Court’s decisions set precedents fol- that everyone should have a fair shot drugs. For the 13 million rural patients lowed by every Federal district court at justice, all the time, in every case, served, community health centers often are across the Nation—hundreds of district without exception, in every court, in the only health care provider for hundreds of

VerDate Sep 11 2014 04:31 Nov 01, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G31OC6.058 S31OCPT1 lotter on DSKBCFDHB2PROD with SENATE October 31, 2017 CONGRESSIONAL RECORD — SENATE S6933 miles. And they provide good jobs in commu- ple who don’t have any insurance, not when they should, community health nities that need them the most. just people who are underinsured, but centers provide the primary care peo- Community health centers not only save people even with decent insurance, who ple need at a fraction of the cost of an lives, they also save money. Instead of peo- cannot get to a doctor’s office when emergency room. ple ending up in expensive emergency room care, or in the hospital, they get the primary they need to because there is not a suf- Medicaid, in many cases, will spend care they need, when they need it, at high ficient number of primary care physi- one-tenth as much per patient for a quality medical centers. Compared to other cians in their area. This is a major cri- community health center visit com- providers, community health centers save on sis today, but unless Congress acts im- pared to an emergency room visit. So average $2,371 per Medicaid patient and up to mediately, that crisis is going to be- it is an opportunity not only to provide $1,210 per Medicare patient. What’s more, come much, much worse. good quality care but to save substan- community health centers have played a piv- Millions of Americans are at risk of tial sums of money. Compared to other otal role in generating more than $49 billion losing their access to healthcare be- providers, community health centers in savings to the entire health care system. cause Congress has still not renewed Not only do we have to renew funding for save, on average, $2,371 per Medicaid the community health center program, we funding for the Community Health patient and up to $1,210 for Medicare must also improve and expand the National Center Program, which expired on Sep- patients. Health Service Corps—the program that pro- tember 30. So we hear a whole lot of What is more, community health vides debt forgiveness for young doctors, discussion about a whole lot of serious centers have played a pivotal role in nurses, dentists, mental health providers, healthcare problems. This is one that generating more than $49 billion in sav- and pharmacists who are prepared to work in we do not hear very much about, and our nation’s most underserved areas. With- ings to the entire healthcare system. that is that Congress has still not re- They provide quality primary out debt forgiveness, it is very hard to get newed funding for the Community new doctors to choose primary care—an area healthcare. They save money by keep- Health Center Program, which expired of medicine that does not pay the big bucks. ing people out of emergency rooms or It is also difficult to attract medical profes- on September 30. Unless we renew that keeping them out of the hospitals. Not sionals into the underserved areas of our funding immediately, some 70 percent only do we have to renew funding of country where they are needed the most. of funding will be lost. Seventy percent the Community Health Center Pro- It is widely acknowledged that we cur- of funding for community health cen- gram, we must also improve and ex- rently have the most wasteful, inefficient, ters will be lost. The doors of 2,800 and expensive health care system in the pand the National Health Service service sites will close and 9 million Corps, which is a program that pro- world. Despite spending almost $10,000 per patients will lose access to the capita on health care, twice as much as any vides debt forgiveness for young doc- healthcare they currently have. Nine other country, 28 million Americans have no tors, nurses, dentists, mental health insurance, even more are underinsured, with million people will find that when they providers, and pharmacists who are high copayments and deductibles, and we go to a community health center, that prepared to work in our Nation’s most pay the highest prices in the world for pre- center will no longer be able to treat underserved areas. Without debt for- scription drugs. The rarely discussed truth is them. Clearly, this is unacceptable. giveness, without telling young grad- that thousands of Americans die each year Our Nation’s community health cen- uates of medical school who often leave because they cannot afford to get to a doctor ters provide affordable, high-quality school $200,000, $300,000, and $400,000 in when they should. healthcare to more than 27 million debt—without giving them the oppor- We must not allow a bad situation to get Americans in every State in this coun- worse. tunity to get those very large debts try. This includes, by the way, in terms We cannot tell millions of low-income and forgiven, it will be very hard to attract of community health centers, not only working people in every state in this country physicians and nurses and psycholo- primary healthcare but also dental that they will no longer be able to access the gists to rural areas or urban areas, care, which is a major crisis in this health care, dental care, mental health coun- where we have a significant ‘‘under- seling, and low-cost prescription drugs they country. It is very hard in many parts serving’’ in terms of medical care. desperately need. of America to find affordable dental We cannot tell pregnant women that they care. It also includes mental health So we need to fund not only commu- will not be able to get the necessary prenatal counseling, which is another major nity health centers but the National care they require in order to have healthy issue, especially within the context of Health Service Corps. We currently babies. have 1,100 National Health Service We cannot tell the young person addicted the opioid and heroin epidemic we face. In addition to all of that, community Corps members who are in school or in to opioids or heroin that there is no treat- residency programs who will not be ment available. health centers provide low-cost pre- We cannot tell chronically ill senior citi- scription drugs at a time when many able to complete their training and be- zens that they will have to survive without Americans cannot afford the medicine come primary care professionals. We the prescription drugs they have used for they need. need to provide the workforce for com- years. They play a vital role in community munity health centers and other under- We cannot force community health cen- after community, State after State, in served areas in this country. ters, which provide some of the most cost-ef- providing healthcare to some 27 mil- Here is the very good news: The truth fective health care in the country, to lay off is, for many years, our community the doctors, nurses, dentists, and adminis- lion Americans. For the 13 million trators who keep these centers going. rural patients served, community health centers, which are playing a Historically, the community health center health centers often are the only vital role all over this country—urban program has enjoyed widespread bipartisan healthcare provider for hundreds of areas and rural areas—have received support, and that support continues. Today, miles in rural America. There are bipartisan support. I know a lot of the along with almost all Democrats, there are a deserts in which Americans cannot ac- bipartisan efforts of the past have kind number of Republicans who fully understand cess a doctor, and community health of disappeared in the current political how important these centers are to the well- centers are the oasis in that desert. In climate, but I am very happy to say being of their states and want to see the pro- there is a very strong piece of legisla- gram refunded. addition to all of that, community The time for delay is over. Congress must health centers often provide a lot of tion introduced by Senator ROY BLUNT, act immediately to fully fund the commu- good jobs in underserved communities a Republican from Missouri, which has nity health center program and the associ- that need them the most. a number of Republican cosponsors on ated workforce programs that provide them Community health centers not only it. with the well-trained staffing they need. save lives, but they also save money. My own view is, I think every Mem- Mr. SANDERS. Mr. President, the Every dollar we invest in strong pri- ber of the Democratic caucus would United States today faces a major mary healthcare saves us dollars in the sponsor it, but I think there is a whole healthcare crisis. I think we all under- long run. Instead of people ending up in lot of Republican support for this com- stand that. In the midst of that expensive emergency room care—and munity health center bill. So not only healthcare crisis, we face an even emergency room care is the most ex- is Mr. BLUNT the sponsor of the bill, we greater crisis in primary healthcare, pensive primary care in the country— have Senator CAPITO, Senator GARD- and that means that there are many, or ending up in the hospital because NER, Senator COLLINS, Senator WICKER, many millions of people, not just peo- they can’t and do not go to the doctor Senator FISCHER, Senator BOOZMAN,

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URKOWSKI OCH OF THE AIR FORCE TO THE GRADE INDICATED UNDER Senator M , and Senator C - which provide some of the most cost- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: RAN—who are all Republicans—onboard effective healthcare in this country—to To be brigadier general this legislation. lay off doctors, nurses, dentists, and I believe, if that bill came to the administrators who keep these centers COL. RALPH L. SCHWADER IN THE ARMY floor today as a stand-alone bill, it going. would pass overwhelmingly because THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Historically, the Community Health IN THE RESERVE OF THE ARMY TO THE GRADE INDI- people in rural America, people in Center Program has enjoyed wide- CATED UNDER TITLE 10, U.S.C., SECTION 12203: urban America—Democrats, Repub- spread bipartisan support, and I am To be brigadier general licans, and Independents—understand glad to say that for this program, that COL. DONALD B. ABSHER the very important role community support continues. What I am asking THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT health centers are playing. What this TO THE GRADE INDICATED IN THE UNITED STATES ARMY today is for strong support for the UNDER TITLE 10, U.S.C., SECTION 624: bill is about, significantly, is funding Blunt legislation. Let’s get it onto the To be brigadier general for 5 years not quite at the level I floor of the Senate as quickly as we COL. RICHARD E. ANGLE would like to see but at about 4 percent can. Let’s pass it. Let’s demand that COL. MILFORD H. BEAGLE, JR. a year which, in terms of medical infla- COL. SEAN C. BERNABE the House work with us to pass strong COL. MARIA A. BIANK tion, really means level funding. Now, legislation. The time for delay is over. COL. JAMES P. BIENLIEN that is in contrast to a bill that is COL. BRIAN R. BISACRE Congress must act immediately to COL. WILLIAM M. BORUFF being discussed in the House, which is fully fund the Community Health Cen- COL. RICHARD R. COFFMAN simply not satisfactory. The House bill COL. CHARLES D. COSTANZA ter Program, the National Health Serv- COL. JOY L. CURRIERA is talking about 2 years of funding, ice Corps, and the Teaching Health COL. JOHNNY K. DAVIS which means it is level-funded, which COL. ROBERT B. DAVIS Centers Program today. COL. THOMAS R. DREW means it is a significant decline in real We know these programs work. We COL. MICHAEL R. EASTMAN dollars for community health centers. COL. BRIAN S. EIFLER know they save money and lives. These COL. CHRISTOPHER L. EUBANK Also, there are pay-fors for the bill programs must be funded for 5 years, COL. OMUSO D. GEORGE which are totally unsatisfactory. It is a COL. WILLIAM J. HARTMAN which is what the Blunt bill does. We COL. DARIEN P. HELMLINGER question of taking money from Peter should not continue to ignore this very COL. DAVID M. HODNE to pay Paul and taking money from COL. JONATHAN E. HOWERTON serious problem for another day. COL. HEIDI J. HOYLE very important healthcare programs to I yield the floor. COL. THOMAS L. JAMES put money into this important pro- COL. CHRISTOPHER C. LANEVE f COL. OTTO K. LILLER gram. COL. VINCENT F. MALONE II It is widely acknowledged that we ADJOURNMENT UNTIL 10 A.M. COL. CHARLES R. MILLER TOMORROW COL. JAMES S. MOORE, JR. currently have the most wasteful, inef- COL. MICHAEL T. MORRISSEY ficient, and expensive healthcare sys- The PRESIDING OFFICER. Under COL. ANTONIO V. MUNERA COL. FREDERICK M. O’DONNELL tem in the world, despite spending al- the previous order, the Senate stands COL. PAUL E. OWEN most $10,000 per capita on healthcare, adjourned until 10 a.m. tomorrow. COL. WALTER T. RUGEN COL. MICHELLE A. SCHMIDT which is twice as much as any other Thereupon, the Senate, at 6:35 p.m., COL. MARK T. SIMERLY country. I just returned from Canada adjourned until Wednesday, November COL. MICHAEL E. SLOANE COL. WILLIAM D. TAYLOR the other day. They spend about 50 per- 1, 2017, at 10 a.m. COL. WILLIAM L. THIGPEN cent per capita of what we spend of COL. THOMAS J. TICKNER f COL. MATTHEW J. VANWAGENEN guaranteed healthcare to all of their COL. DARREN L. WERNER people, and many of their healthcare CONFIRMATIONS THE FOLLOWING NAMED ARMY NATIONAL GUARD OF outcomes are, in fact, better than they THE UNITED STATES OFFICER FOR APPOINTMENT IN Executive nominations confirmed by THE RESERVE OF THE ARMY TO THE GRADE INDICATED are in the United States. So we spend a the Senate October 31, 2017: UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: whole lot of money, and we are not get- THE JUDICIARY To be major general ting particularly good value. AMY CONEY BARRETT, OF INDIANA, TO BE UNITED BRIG. GEN. KEITH Y. TAMASHIRO One of the areas where we are getting STATES CIRCUIT JUDGE FOR THE SEVENTH CIRCUIT. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED good value is in the area of community IN THE AIR FORCE health centers. We need to not allow a WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: bad situation to get worse. We have a IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- To be lieutenant general very serious crisis in this country with CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MAJ. GEN. ERIC P. WENDT primary healthcare, dental care, and 601: IN THE NAVY certainly, mental health counseling. To be lieutenant general We are in deep trouble. If we do not im- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LT. GEN. STAYCE D. HARRIS IN THE UNITED STATES NAVY TO THE GRADE INDICATED mediately fund the Community Health WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY Center Program, the National Health RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral Service Corps, and the other workforce IN THE UNITED STATES ARMY TO THE GRADE INDICATED programs, a very bad situation will be- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND VICE ADM. CHRISTOPHER W. GRADY come tragically worse. We cannot tell RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general IN THE UNITED STATES NAVY TO THE GRADE INDICATED millions of low-income and working WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND people in every State in this country MAJ. GEN. PAUL J. LACAMERA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: that they will no longer be able to ac- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be vice admiral IN THE RESERVE OF THE ARMY TO THE GRADE INDI- cess the healthcare, dental care, men- CATED UNDER TITLE 10, U.S.C., SECTION 12203: REAR ADM. BRUCE H. LINDSEY tal health counseling, and low-cost pre- To be brigadier general IN THE AIR FORCE AIR FORCE NOMINATIONS BEGINNING WITH JAMES A. scription drugs they desperately need. COL. TWANDA E. YOUNG FANT AND ENDING WITH DUSTIN D. HARLIN, WHICH We cannot tell pregnant women they THE FOLLOWING NAMED ARMY NATIONAL GUARD OF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- will not be able to get the necessary THE UNITED STATES OFFICER FOR APPOINTMENT IN PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER THE RESERVE OF THE ARMY TO THE GRADE INDICATED 16, 2017. prenatal care they require in order to UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: AIR FORCE NOMINATION OF ERIK M. MUDRINICH, TO BE deliver healthy babies. We cannot tell To be brigadier general LIEUTENANT COLONEL . the tragic number of people who are AIR FORCE NOMINATIONS BEGINNING WITH SCOTT M. COL. ROGER D. MURDOCK ABBOTT AND ENDING WITH KRISTINA M. ZUCCARELLI, struggling today with opioid or heroin WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE AIR FORCE AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- addiction that there is simply no treat- TOBER 16, 2017. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ment available to them because com- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE ARMY munity health centers do a lot of that CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ARMY NOMINATION OF ADRIAN L. NELSON, TO BE treatment. We cannot tell chronically 601: MAJOR. ill senior citizens they will have to sur- ARMY NOMINATION OF TODD M. CHARD, TO BE MAJOR. To be lieutenant general ARMY NOMINATION OF TRISTAN D. HARRINGTON, TO vive without the prescription drugs BE MAJOR. they have used for years. We cannot MAJ. GEN. DAVID D. THOMPSON ARMY NOMINATION OF DAVID S. LYLE, TO BE COLONEL. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ARMY NOMINATION OF GEORGE B. INABINET, TO BE force community health centers— STATES OFFICER FOR APPOINTMENT IN THE RESERVE COLONEL.

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ARMY NOMINATIONS BEGINNING WITH BENJAMIN A. ARMY NOMINATION OF MICHAEL W. CHUNG, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BARBEAU AND ENDING WITH BLAIR D. TIGHE, WHICH MAJOR. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH CHEMITRA M. TOBER 16, 2017. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CLAY AND ENDING WITH JOHN C. HUBBARD, WHICH NOMI- NAVY NOMINATIONS BEGINNING WITH DAVID L. 16, 2017. NATIONS WERE RECEIVED BY THE SENATE AND AP- AGUILAR AND ENDING WITH DAVID K. ZIVNUSKA, WHICH ARMY NOMINATIONS BEGINNING WITH GARRETT K. AN- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DERSON AND ENDING WITH ROGER D. PLASTER, WHICH 16, 2017. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF CHARLES K. BERGMAN, TO BE 16, 2017. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER COLONEL. NAVY NOMINATIONS BEGINNING WITH REBECCA L. AN- 16, 2017. ARMY NOMINATION OF ROBERT S. PATTON, JR., TO BE DERSON AND ENDING WITH KENNETH R. VANHOOK, JR., ARMY NOMINATIONS BEGINNING WITH JOSHUA A. COLONEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AKERS AND ENDING WITH D013005, WHICH NOMINATIONS ARMY NOMINATIONS BEGINNING WITH JASON P. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- AFFOLDER AND ENDING WITH D012388, WHICH NOMINA- WERE RECEIVED BY THE SENATE AND APPEARED IN THE TOBER 16, 2017. TIONS WERE RECEIVED BY THE SENATE AND APPEARED CONGRESSIONAL RECORD ON OCTOBER 16, 2017. NAVY NOMINATIONS BEGINNING WITH ARTHUR D. AN- IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. ARMY NOMINATIONS BEGINNING WITH JONATHAN L. DERSON III AND ENDING WITH JOHN E. WEAVER, WHICH ARMY NOMINATIONS BEGINNING WITH ANDRE B. ABBOTT AND ENDING WITH BOVEY Z. ZHU, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ABADIE AND ENDING WITH G001060, WHICH NOMINATIONS NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CONGRESSIONAL RECORD ON OCTOBER 16, 2017. 16, 2017. 16, 2017. ARMY NOMINATIONS BEGINNING WITH WINFIELD A. NAVY NOMINATIONS BEGINNING WITH JOSHUA D. ARMY NOMINATIONS BEGINNING WITH JANETTA R. ADKINS AND ENDING WITH D013960, WHICH NOMINATIONS ALBRIGHT AND ENDING WITH LISA L. SNOH, WHICH NOMI- BLACKMORE AND ENDING WITH JEFFREY E. OLIVER, WERE RECEIVED BY THE SENATE AND APPEARED IN THE NATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- 16, 2017. TOBER 16, 2017. IN THE MARINE CORPS NAVY NOMINATION OF JOE F. MORALEZ II, TO BE LIEU- ARMY NOMINATIONS BEGINNING WITH STEVEN A. MARINE CORPS NOMINATION OF JOHN J. STRAUB, TO TENANT COMMANDER. BATY AND ENDING WITH ALISA R. WILMA, WHICH NOMI- BE MAJOR. NAVY NOMINATIONS BEGINNING WITH JESSICA B. AN- NATIONS WERE RECEIVED BY THE SENATE AND AP- DERSON AND ENDING WITH MIRANDA V. WILLIAMS, PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER IN THE NAVY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 16, 2017. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- NAVY NOMINATIONS BEGINNING WITH SUZANNE T. ARMY NOMINATIONS BEGINNING WITH WESLEY J. AN- TOBER 16, 2017. ALFORD AND ENDING WITH LAURA C. YOON, WHICH DERSON AND ENDING WITH HOPE M. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH MARCO A. WILLIAMSONYOUNCE, WHICH NOMINATIONS WERE RE- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER ACOSTA AND ENDING WITH KEITH E. ZUMAR, WHICH CEIVED BY THE SENATE AND APPEARED IN THE CON- 16, 2017. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- GRESSIONAL RECORD ON OCTOBER 16, 2017. NAVY NOMINATIONS BEGINNING WITH ROY A. ADUNA PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER ARMY NOMINATIONS BEGINNING WITH GINA E. ADAM AND ENDING WITH KIRTLEY N. YEISER, WHICH NOMINA- 16, 2017. AND ENDING WITH DAVID R. ZINNANTE, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH WILLIAM J. ROY, TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. JR. AND ENDING WITH RAQUEL T. BUSER, WHICH NOMI- IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. NAVY NOMINATIONS BEGINNING WITH CALVIN LOPER NATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH DAVID J. H. AND ENDING WITH BILLY W. YOUNG, WHICH NOMINA- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER CHANG AND ENDING WITH MATTHEW J. YANDURA, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED 16, 2017. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. NAVY NOMINATIONS BEGINNING WITH GREGORY F. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER NAVY NOMINATIONS BEGINNING WITH MAUREEN M. ALLEN AND ENDING WITH CLINTON M. WOODS, WHICH 16, 2017. DERKS AND ENDING WITH JEFFREY P. SHARP, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF SAMUEL A. REDDING, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER LIEUTENANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 16, 2017. ARMY NOMINATION OF SATIVA M. FRANKLIN, TO BE 16, 2017. LIEUTENANT COLONEL. NAVY NOMINATIONS BEGINNING WITH DANIEL T. FOREIGN SERVICE ARMY NOMINATIONS BEGINNING WITH MAURICE O. BARNES AND ENDING WITH JACQUELYN O. BARNETT AND ENDING WITH AARON C. BARTA, WHICH VERMILLOHERMAN, WHICH NOMINATIONS WERE RE- FOREIGN SERVICE NOMINATIONS BEGINNING WITH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CEIVED BY THE SENATE AND APPEARED IN THE CON- JULIE P. AKEY AND ENDING WITH VERA N. ZDRAVKOVA, PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER GRESSIONAL RECORD ON OCTOBER 16, 2017. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 16, 2017. NAVY NOMINATIONS BEGINNING WITH SHAMIRE E. AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- ARMY NOMINATION OF GRANT R. BARGE, TO BE MAJOR. BRANCH AND ENDING WITH ALANNA B. YOUNGBLOOD, TOBER 2, 2017.

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