Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, SECOND SESSION

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

Vol. 166 WASHINGTON, WEDNESDAY, FEBRUARY 5, 2020 No. 24 House of Representatives The House met at 10 a.m. and was be difficult and can delay their care full of exaggerations, half-truths, and called to order by the Speaker pro tem- leading to worse health outcomes. outright falsehoods. The President pre- pore (Mr. CUELLAR). Montana, unfortunately, also has the tended to have addressed, or was going f highest suicide rate in the Nation. to address, concerns of the American Thousands of Montanans lack adequate people. DESIGNATION OF SPEAKER PRO access to mental healthcare. He said he is taking care of prescrip- TEMPORE Telehealth can fix these problems. tion drugs. Yeah. Really. They haven’t The SPEAKER pro tempore laid be- Telehealth increases access to care, done a damn thing. We sent a bill to fore the House the following commu- brings down healthcare costs, and, in the Senate and it is sitting there. nication from the Speaker: some cases, saves lives. Second, he said, oh, we are going to WASHINGTON, DC, Unfortunately, Federal telehealth protect preexisting conditions. Funny February 5, 2020. programs have been poorly managed. thing, his Attorney General is in court I hereby appoint the Honorable HENRY Currently, 10 different Federal agencies arguing that those preexisting condi- CUELLAR to act as Speaker pro tempore on operate telehealth programs with little tions should no longer be protected. this day. or no coordination between them. But, hey, what the heck. NANCY PELOSI, That is why Chairwoman ESHOO and I And then he did devote one sen- Speaker of the House of Representatives. have worked for months on ways to im- tence—one sentence—to infrastructure. f prove and increase telehealth services. What happened to the $2 trillion plan MORNING-HOUR DEBATE I appreciate her leadership on this im- he campaigned on and carries on about portant issue. all the time? Well, so far, he has only The SPEAKER pro tempore. Pursu- Today, we introduce the National proposed cuts. ant to the order of the House of Janu- Telehealth Strategy and Data Ad- But one issue of vital concern to the ary 7, 2020, the Chair will now recog- vancement Act. Our bill reauthorizes American people that is the focus this nize Members from lists submitted by telehealth grant programs, provides week—this is National Gun Violence the majority and minority leaders for greater oversight of Federal agencies, Survivors Week—did not receive a sin- morning-hour debate. and helps implement telehealth pro- gle mention by the President, despite The Chair will alternate recognition grams across the country. the fact that several commonsense bi- between the parties, with time equally Using modern technology to make partisan reforms and programs have allocated between the parties and each healthcare more accessible is a com- passed this House and have received no Member other than the majority and monsense solution. It will particularly action in the Senate in a year. minority leaders and the minority help us with our rural doctor shortage H.R. 8, the Bipartisan Comprehensive whip limited to 5 minutes, but in no in Montana. Background Checks Act, passed on event shall debate continue beyond This bill will ensure that patients February 27. No action in the Senate. 11:50 a.m. can have access to doctors and special- The Enhanced Background Checks f ists in a way that is convenient for Act passed February 28—bipartisan. them. Again, no action in the Senate. TELEHEALTH INCREASES ACCESS I look forward to working on this bi- Every year, guns are sold to people TO CARE FOR MONTANANS partisan bill. It is a critical step as we who aren’t supposed to have them—in- The SPEAKER pro tempore. The ensure all Americans, particularly cluding at that horrible church shoot- Chair recognizes the gentleman from those in our rural and frontier areas, ing a couple of years ago—because of a Montana (Mr. GIANFORTE) for 5 min- have access to better, affordable mandate that, if there is confusion utes. healthcare. over a background check, they have to Mr. GIANFORTE. Mr. Speaker, many f get the gun within 3 days. Montanans live in frontier and rural Over the last 10 years, 35,000 guns, be- areas where access to doctors and spe- GUN VIOLENCE SURVIVORS WEEK cause of that provision, were sold to cialists is a big challenge. They don’t The SPEAKER pro tempore. The people who were not qualified under worry about when they can see a doc- Chair recognizes the gentleman from Federal law to have the guns. And tor; they worry if there is even a doc- Oregon (Mr. DEFAZIO) for 5 minutes. guess what. Then the Feds contact the tor to see. Mr. DEFAZIO. Mr. Speaker, last FBI who screwed up the background For Montana seniors with mobility night in this Chamber, we heard a check, contacts the local law enforce- issues, getting out to see a doctor can bloviating, self-congratulatory speech ment and says, ‘‘Hey, go get the gun

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 01:03 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.000 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H768 CONGRESSIONAL RECORD — HOUSE February 5, 2020 from that felon,’’ endangering our local ing the singing of the national anthem, Midwest Battle Buddies has seen the law enforcement. just past the end zone, my mentor and possible impact service dog therapy This would plug that loophole. friend, 96-year-old Senator Bob Dole, can have for our cherished veterans. The Violence Against Women Act Re- who was seriously wounded during his I look forward to passing the PAWS authorization passed April 4. No action service in World War II, insisted on for Veterans Therapy Act to extend ac- in the Senate. And, for the first time in standing up out of his wheelchair dur- cess to service dog therapy throughout 20 years, we are going to do some re- ing the performance. And with a little the VA, to provide the best treatment search on gun violence. There are other help, that is exactly what he did. for America’s veterans. bills we should be doing. In an age when people can’t even In my State, we have adopted red agree in honoring our flag, it is power- f flag laws. And over here, they say, ful to see one of our Nation’s greatest HONORING GUN VIOLENCE well, we can’t have red flag laws for heroes from our Greatest Generation SURVIVORS’ WEEK abusers because of their constitutional continue to show us the way. rights. Thank you, Senator Dole, for your The SPEAKER pro tempore. The Well, we have set it up in a way that patriotism and love of country. Chair recognizes the gentlewoman from we have had 160 petitions for red flag And congratulations to my Super Georgia (Mrs. MCBATH) for 5 minutes. restrictions. Most of them—actually, Bowl champions, the Kansas City Mrs. MCBATH. Mr. Speaker, I rise in the majority—were for people at risk of Chiefs. honor of Gun Violence Survivors Week because I, too, am a survivor. suicide; and then a minority were for CHAOS AT THE IOWA CAUCUS abusive relationships, and 32 of those Mr. MARSHALL. Mr. Speaker, on This week, just a month into the new were denied by a judge. Monday, we all saw the Iowa caucus year, there will have been more gun Due process was followed, but lives and the chaos that Democrats are of- deaths in the United States than our were saved. But, no, we can’t take that. fering—chaos, along with higher taxes peer countries will experience in an en- Bump stocks, we banned fully auto- and Medicare for all that takes away tire year—one month. matic weapons decades ago. Bump the insurance that you get at your job. I wear black today. I wear black all stocks, essentially, turn a semiauto- As Senate Majority Leader MCCON- week long to stand for every survivor, matic into a very inaccurate, nearly NELL said yesterday, these same Demo- every victim, every family that mourns full automatic in terms of ready to crats who want to take over everyone’s the unnecessary gun deaths that hap- fire. But if you are shooting at a sta- healthcare and micromanage the entire pen each and every single day. dium full of people, it doesn’t matter economy couldn’t even organize their I met earlier this week with Mary how inaccurate it is; you are going to own traditional Iowa caucuses. Miller-Strobel, whose brother, Ben, was hit a lot of people. Contrast this to last night at the a combat veteran suffering from de- We can’t even bring up legislation— State of the Union message when pression and PTSD. Ben had lost 30 or, well, the Republicans won’t support President Trump talked about the pounds after his tour. Returning home, legislation to ban bump stocks, hate strongest economy of our lifetimes, in- his father asked him about his weight crimes legislation, the list goes on. cluding record job and wage growth. loss. Ben replied that he couldn’t eat, Just one other quick issue. You can We saw how the President wants to and he said: ‘‘It’s just so hard out go online to armslist.com, and if you bring us together to deliver even more there, Dad. It smells like death.’’ are not eligible to buy a gun, you can results, more trade deals for Kansas, Ben was seeking treatment at a local get one. It is very evident that, in and a safer, more secure America. You VA hospital, but his family continued study after study done, that many of can count on me that I will be standing to worry about him. They worried that, the people selling guns on armslist.com beside him to help deliver those rein a moment of desperation, Ben might are felons and not allowed to own fire- sults. end his own life. arms, and they will sell to other felons. The Democrats offer chaos, higher Mary and her father drove to every It will say: No background check nec- taxes, and poverty. President Trump gun store in their area. At each store, essary. Will cross State lines—all sorts and the Republicans offer prosperity, they showed photos of Ben, pleading of things like that. hope, and security. with them not to sell him a gun. All those things need to be banned. CREATING A PROGRAM WITHIN THE VA TO GIVE Ben Miller died by suicide. He used a Those are commonsense gun violence VETERANS ACCESS TO SERVICE DOGS gun that he bought at a local gun reforms. Mr. MARSHALL. Mr. Speaker, to- store. And, in this week, just, really, this night the House will vote to pass the Too often we are told that we must week, National Gun Violence Survivors PAWS for Veterans Therapy Act, accept these tragedies. We are told Week, let’s do something to end the which will create a program within the that, instead of changing our laws, we bloodshed. VA to give veterans access to treat- must have more active shooter drills, f ment by working with service dogs. more first graders coming home with Midwest Battle Buddies is an organi- tears in their eyes, 6-year-olds asked to RECOGNIZING THE KANSAS CITY zation based in Kansas that works with decide for themselves whether they are CHIEFS, SUPER BOWL CHAM- veterans who are suffering from PTSD more likely to survive by hiding in a PIONS, AND BOB DOLE or other service-related issues. The vet- closet or if they should rush the gun- The SPEAKER pro tempore. The erans are paired with a dog and attend man; more mothers reading messages Chair recognizes the gentleman from weekly sessions to train the dogs. Once from their children as they are locked Kansas (Mr. MARSHALL) for 5 minutes. the training is completed, the dogs be- inside a school and they are pleading: Mr. MARSHALL. Mr. Speaker, much come their service dogs. Mom, if I don’t make it, I love you, and like America’s great comeback that According to Chip Neumann, presi- I appreciate everything that you have President Trump described at his State dent of the organization, therapy dogs done for me; more vigils each and every of the Union message last night, this provide veterans unconditional love. day for those that we continue to lose. past Sunday, my team, the Kansas City They do not judge their owners when Too often, we are told that we must Chiefs, had a miracle comeback victory they have breakdowns from stress or accept these tragedies. I refuse to ac- in the fourth quarter of Super Bowl external triggers and can react and in- cept that. Millions of Americans across LIV. tervene if the veteran is having an epi- the country refuse to accept that. This After 50 years, the Chiefs are once sode and can often prevent them from Congress should refuse to accept that. again Super Bowl champions. As a spiraling out of control. We refuse to accept that, because we born-and-raised Chiefs fan, watching There is just something wonderful have passed bipartisan legislation that them win the title was a dream come about dogs, as we all know. will help save lives, legislation like the true. The training sessions also act as mini Bipartisan Background Checks Act, a Of course, we all saw the game, but therapy sessions, as veterans realize commonsense bill that will keep guns just before it started something hap- they are with others dealing with the away from those who should not have pened that you may have missed. Dur- same issues. them.

VerDate Sep 11 2014 01:03 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.002 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H769 b 1015 Officer McCollum was a compas- Mrs. WATSON COLEMAN. Mr. We have passed H.R. 1112, the En- sionate, devoted, and admired public Speaker, first of all, let me say that hanced Background Checks Act of 2019, servant who dutifully worked to keep my heart hurts for my colleague and which would close the Charleston loop- south Texas safe. my sister, LUCY MCBATH, as she con- Before serving as a police officer, Of- hole. fronts on a daily basis the pain of our ficer McCollum served 21 years in the We have passed a bill that gives the failure to act on sensible gun safety U.S. Army, earning the Bronze Star CDC and the NIH $25 million to study legislation. and numerous other accolades. Fol- gun violence, the first of its kind in I rise today, as many of my col- lowing the Army, his service to others over 20 years. leagues will, almost one year since the continued by joining the Corpus Christi I have even introduced a bill that House took the steps to curb violence Police Department in 2013, where he would give loved ones and law enforce- by passing H.R. 8, a bill that has yet to was a valued member of the Honor ment more tools to keep guns away receive any consideration in the Sen- Guard and SWAT team. from those who are a danger to them- ate. Last year, he once again dem- We are in the middle of Gun Violence selves or to others; tools that may onstrated his willingness to sacrifice have helped Mary save her brother, Survivors Week. Yet, despite survivors’ his own safety for others by helping calls for action; despite the calls of Ben’s life. push an overturned car back on its With every unnecessary shooting, we parents and friends who have lost loved wheels after it had caught fire, saving ones to guns; despite the calls from our continue to feel the weight of this in- the life of the driver. justice; and I personally know that young people who just want to be safe On Saturday, Officer McCollum paid in school; and despite our calls of the sense of injustice. the ultimate price, sacrificing himself, When my son, Jordan, was killed, I communities who want to be safe in while upholding the rule of law. their homes, we have yet to get H.R. 8, found myself asking America, how Scripture tells us that the Lord is or any other gun violence bill consid- could you allow this to happen to my near to the brokenhearted and those ered in the Senate. child, my family, to my Jordan? And who are crushed in spirit. Right now, The paralysis around preventing gun after Parkland, I knew that this coun- so many of us, in Texas, the Corpus violence is disgusting, and it is deadly. try needed to stand up and to do some- Christi Police Department, and the This story line that preventing people thing about it. family of Officer McCollum, are bro- from buying assault weapons or stock- I knew that I had something that I kenhearted. piling ammunition is somehow infring- had to do, and I knew that I needed to Our prayers are that his family and ing upon their rights is deeply hurtful, stand up for families like mine in Mari- friends touched by this tragedy, and es- and it is wrong thinking. etta, Georgia, who are terrified that pecially his wife of 12 years, Michelle, Including suicides by guns, there their children will not come home from and his three daughters, Hannah, were 177 deaths on New Year’s Day school, and they are terrified of being Carissa, and Liliana, would feel the alone. There were three mass shoot- me. Lord near them during this difficult ings, and the lives lost included three So I made a promise to my commu- time. I extend my deepest condolences children between the ages of 12 and 17. nity that I would act. And I promised to them during this extremely difficult That’s just one day, the first day of that I would take all the love and the time. this year. Yet, Republicans in the Sen- support and protection that I had given HONORING THE SERVICE OF OFFICER MICHAEL ate continue to refuse to move any bill to my child and use it to serve the LOVE that might keep more families from American people. I promised I would Mr. CLOUD. Mr. Speaker, this week, getting that phone call. always be a mother on a mission to I had the opportunity to visit Corpus There are so many options available save the lives of children from across Christi Police Officer Michael Love in to us. There is the baseline, bipartisan America, children like my son. the hospital as he recovers from inju- bill, like, H.R. 8, that we have already During this Gun Violence Survivors ries he sustained in the line of duty. passed in the House. There are bills Week, I pray that we all remember Over the weekend, he was conducting that would go even further, like my that this is in our hands. Families like a routine traffic stop when his patrol own Handgun Licensing and Registra- Mary’s, children graduating from high vehicle was struck, pinning him down. tion Act of 2019, and the Stop Online school, communities in Charleston, in I had heard from many of his fellow officers of his optimistic and indomi- Ammunition Sales Act of 2019. Columbine, in Parkland, in Sandy One would require registration for Hook, in Dayton, in El Paso, in Las table spirit, which I had the opportunity to witness firsthand when I vis- handgun purchases, just like the gov- Vegas, in the hundreds of places where ernment requires registration and shooters and shootings don’t even ited him and his wife, Lauren, in the hospital. He told me that, despite ev- basic standards for voting, operating a make the news. Their lives are in our vehicle, even opening a business. It hands. erything he is going through, even knowing the months of recovery that would ensure accountability and allow I thank my colleagues, and survivors, enforcement to identify threats. and volunteers, and advocates across lie ahead, he would still sign up to serve our community as a Corpus The other places a very basic prin- this country for their tireless work to ciple into law; that you shouldn’t be protect our families. Christi police officer. We cannot express our gratitude able to stockpile bullets without ID or May God bless us all in this fight to without law enforcement being aware. save American lives. enough for his sacrifice and his bravery. Mr. Speaker, there are bills that f We must continue to pray for the would keep guns out of the hands of safety of all our first responders, and violent criminals, and bills that would HONORING THE LIFE AND LEGACY push us to study gun violence as the OF OFFICER ALAN MCCOLLUM support them as they protect us, as well as their families, who they hug a health crisis it is. So far, none of these The SPEAKER pro tempore. The little bit tighter every day as they face seem to be good enough for most of my Chair recognizes the gentleman from the dangers that lie ahead. colleagues on the other side of the Texas (Mr. CLOUD) for 5 minutes. We are thankful for the loving, brave, aisle, or the other side of the Capitol. Mr. CLOUD. Mr. Speaker, I rise and patriotic man that is Officer Mi- We are approaching a point from today with a heavy heart to honor and chael Love, and for those who serve which we cannot return, where failure to mourn the loss of one of Corpus with him. to act will normalize gun violence in Christi Police Department’s finest, Of- f our schools, in our neighborhoods, and ficer Alan McCollum, who was trag- in our society. ically killed in the line of duty. GUN VIOLENCE SURVIVORS WEEK The survivors that we honor today, President Ronald Reagan once said: The SPEAKER pro tempore. The the families of those we have lost, and ‘‘There can be no more noble vocation Chair recognizes the gentlewoman from the countless Americans who wonder if than the protection of one’s fellow citi- New Jersey (Mrs. WATSON COLEMAN) for they might be next deserve so much zens.’’ 5 minutes. more from us.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.005 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H770 CONGRESSIONAL RECORD — HOUSE February 5, 2020 I stand here today representing all of hurts, again, both workers and con- Ramses is a paralegal who was good the loss of the survivors and what they sumers alike. spirited, hard-working, and always ex- have experienced. But I stand here, rep- The PRO Act also compels private- cited about the job. Suddenly, for sev- resenting the hope that my grand- sector employees to either join a union eral weeks, he wasn’t able to come daughter, Kamryn Anne Marie Watson, or risk being fired. The bill abolishes back to work, or at least in a regular is safe in her school, just like all of the the State Right to Work Laws which fashion. I remember talking to him other children should be. Nothing less allow workers the freedom to choose about what it was like to be there. It is acceptable. whether or not they want to pay fees to was hard for him to talk about it, and f a union. I don’t blame him because no one If Right to Work Laws are repealed, should have to see those types of hor- PROTECTING THE RIGHT TO not only will unions gain unprece- rors. ORGANIZE dented new power, but economic Another good friend of mine, Ricardo The SPEAKER pro tempore (Mrs. growth and employment will suffer. A Negron-Almodovar, a lawyer in Puerto TORRES of California). The Chair recog- 2018 study by the National Economic Rico who came to central Florida for a nizes the gentleman from North Caro- Research Associates found that be- new start, and within less than a year lina (Mr. BUDD) for 5 minutes. tween 2001 and 2016, States with Right of living in Orlando, he faced this vi- Mr. BUDD. Madam Speaker, tomor- to Work Laws saw private-sector em- cious tragedy. But he has been fighting row, the House will vote on the Pro- ployment grow by 27 percent; while back. He is now on the Pulse national tecting the Right to Organize Act of States without Right to Work Laws memorial advisory committee. We 2019, or the PRO Act. This legislation grew only 15 percent. have a bipartisan bill going through is a liberal wish list that represents a To top it off, the PRO Act strips the House that would make it a na- draconian overhaul of our Nation’s workers of their right to cast anony- tional memorial to remember those 49 labor laws at the expense of employers, mous ballots in union elections. Under we lost and those 53 wounded survivors. workers, and economic growth, while current law, workers are able to anony- strengthening the authoritarian power mously oppose joining a union by cast- But I also want to talk about the of big labor. ing ‘‘secret’’ and unpublicized ballots. folks who take care of the survivors. Madam Speaker, despite the fact that However, this PRO Act abolishes this Terry DeCarlo, who is pictured here the National Labor Relations Board practice and forces employees to make on the far right, was retiring the Mon- and the U.S. Supreme Court have rec- their choice public about unionizing, day after the Pulse nightclub shooting ognized that there should be ample which makes it easier for unions to in- from the LGBT+ Center in Orlando. time for ‘‘uninhibited, robust, and timidate and threaten workers who do Terry couldn’t retire when his commu- wide-open debate in labor disputes,’’ not wish to sign up. nity needed him most, so he stayed on the PRO Act deliberately speeds up Senior fellow at the Mackinac Center for a year, bringing in supplies, helping election processes so that employees for Public Policy, Vincent Vernuccio, with mental health, helping the fami- don’t have time to learn about the po- has said: ‘‘The secret ballot is a bed- lies coming from around the country to tential downsides of joining a union. rock principle of democracy. It allows help their loved ones who were still Specifically, the bill codifies the pro- people to vote the way they feel with- surviving. visions of an NLRB regulation called out fear of reprisal. Without it, those During that time, all Terry thought the ‘‘ambush election rule’’ which sig- who hold the elections would hold all about was others. It was only a few nificantly shortens the time span in the power.’’ months after he retired a year-plus election processes. Democrats pur- This bill should be opposed by anyone later that he found out that he had ad- posely inserted this provision because who is concerned with worker freedom vanced stages of cancer that was teem- they know union bosses are more like- and continuing our country’s economic ing through his jaw. One can only won- ly to win elections when employees are boom. The PRO Act needs to be perma- der whether, if he wasn’t so busy, he uninformed about the downsides of nently benched. might have gotten treatment or had union membership. f noticed beforehand. But that wasn’t Second, the PRO Act increases liabil- b 1030 Terry. ity for businesses by dramatically expanding the definition of ‘‘joint em- RECOGNIZING NATIONAL GUN Terry cared about others. Terry lived ployer’’ to also include indirect control VIOLENCE SURVIVORS WEEK to serve, and we just lost him last and unexercised potential control over The SPEAKER pro tempore. The month. It is a sad tragedy, but Terry’s employees. These terms are incredibly Chair recognizes the gentleman from legacy will be remembered. broad and ambiguous, meaning busi- Florida (Mr. SOTO) for 5 minutes. We also have to honor with action, nesses could find themselves held liable Mr. SOTO. Madam Speaker, today, I with real solutions. The shooter in this for labor violations committed by an- rise because it is National Gun Vio- instance had a SIG Sauer MCX semi- other business when they might not lence Survivors Week, a time when we automatic rifle, a weapon of war made have even been aware that they were focus on sharing and amplifying the for battlefields, not for a suburban considered a joint employer in the first stories of gun violence survivors who nightclub, one that could do unspeak- place. live with the impacts of gun violence able carnage even before police could Even worse, the risk of increased li- every day. get on the scene. ability incentivizes large businesses to I recall the morning of June 12, 2016, There are things that are even more stop contracting out to small busi- when my wife and I were awakened at common ground than assault weapons nesses. This would force large busi- 6 in the morning by a barrage of texts bans. Our House passed a bipartisan nesses to keep more jobs in-house because the unthinkable happened to universal background checks bill to which, ultimately, raises prices for our happy little town of Orlando, Flor- make sure that, simply, those who both businesses and consumers. ida. Gun violence on a massive scale aren’t supposed to have guns don’t get The expanded definition of joint em- had reared its ugly head at a place them. With giant loopholes for gun ployer is also detrimental for franchise where people just wanted to have a shows and private sales, this just businesses. A recent study showed that good time, at the Pulse nightclub. doesn’t make sense. It is time to pass We lost 49 Americans that day, 49 of the definition change has led to a 93 it. percent increase in lawsuits against my fellow Orlandoans who were just franchise businesses, costing them over there to enjoy friendship and camara- Also, the Charleston loophole, where $33 billion annually, and leading to the derie. Their lives were taken way too we saw someone put a false address, loss of 376,000 jobs. early from us. But we also have to and when the background check didn’t The study also showed that the ma- focus on the 53 who were wounded, the come back, he automatically got his jority of franchise businesses have been survivors of the Pulse nightclub trag- guns and shot up a church in Charles- offering less services just in order to edy. One of them is a coworker of mine, ton. avoid lawsuits. This chilling effect Ramses Tinoco. It is time for action.

VerDate Sep 11 2014 01:03 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.006 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H771 ADDRESSING SERIOUSNESS OF Month from this past January. As a have been 331 gun-related deaths and SLAVERY AND HUMAN TRAF- member of the Youth Mentoring Cau- 716 injuries, including seven mass FICKING cus, I rise to bring awareness to the shootings over the last 7 years. The SPEAKER pro tempore. The importance of supporting strategies There are two sides of the coin when Chair recognizes the gentleman from and policies that enhance mentoring it comes to ending gun violence. Imple- Nebraska (Mr. BACON) for 5 minutes. programs and increase the procure- menting commonsense gun safety Mr. BACON. Madam Speaker, I rise ment of quality volunteer mentors. measures that a vast majority of today to address a serious issue that Research has shown that mentoring Americans support must be our top pri- affects millions of people around the relationships have positive effects on ority. At the same time, we have to world, to include many Americans: people’s lives in so many ways. Men- begin addressing the root cause of gun slavery and human trafficking. Despite toring reassures our youth that they violence in our communities, which is major progress, many countries still are not alone in dealing with everyday a revolving door phenomenon. Victims struggle to define and understand challenges; creates opportunity for per- of gun violence are caught up in the human traffic operations and how to sonal growth and development; and drug wars, the culture of retaliation, combat it. provides youth, especially those in fos- and disrespect. Most of us assume that human traf- ter care, with vital relationships, net- In fact, the rate of violent reinjury at ficking transports people only inter- works, and counseling services needed most of the Nation’s trauma centers is nationally. In reality, the 2019 Traf- to navigate life and successfully transi- as high as 45 percent. One of the lead- ficking in Persons Report showed that tion into adulthood. ing risk factors for violent injury is a majority of human trafficking sur- I know the power of mentorship first- prior violent injury. vivors were identified in their coun- hand. I joined the Air Force in 1985 While these victims are recuperating tries of citizenship. While women and after a faith-based mentor saw where in the hospital, they are a captive audi- children may account for the majority my talents leaned, and I would never ence. They are confined to bed, if only of people trafficked, adolescent boys have been a five-time commander nor a for a few days. This offers us a window and men also have been victims of this general officer without thoughtful of opportunity where we can offer sup- modern-day slavery. mentors. port when they most need it. Everyone is vulnerable to human In my district, MENTOR Nebraska I am in the process of finalizing bi- trafficking, women, children, foster has partnered with 26 Omaha public partisan, bicameral legislation with youth, Native Americans, immigrant schools to implement a mentoring pro- my colleague Congressman KINZINGER children, those with disabilities, and gram called Success Mentors, which from Illinois, and our measure creates the LGBTQ community. That is why serves over 600 youth. Within the last 2 a new grant program to provide the the public must be educated on human years, the percentage of mentored victims of gun violence, who often be- trafficking and reject the misconcep- youth in North Omaha increased by 150 come repeat victims of predators them- tion that it can’t or won’t happen to percent. In the last 5 years, the per- selves, with the resources they need to them or someone they know. centage of mentored juvenile justice stop this vicious cycle. This might in- While there is not an exact statistic youth increased by 250 percent. In addi- clude bus money, clothes for a job on how many people are trafficked in tion to a number of positive benefits interview, or some groceries. Often, the United States, Secretary of State associated with increased mentorship, victims need help finding an affordable Mike Pompeo assessed as many as 24.9 this program has shown an improve- apartment or getting off drugs. million people—adults and children— ment in school attendance—by over 50 Violence intervention programs, like are trapped in this human form of mod- the ones that our bill will support, ern slavery around the world, including percent in one school alone. Congress must partner and support work. They reduce recidivism and hos- our own country. We may also assume trafficking oc- State and local governments and non- pital readmissions, jail time, and un- curs only in major cities like New York profits so they can continue to employment. This is why my pre- or Las Vegas, but it also happens in prioritize new ways and approaches for viously introduced bill was endorsed by suburbs, rural areas, and on Tribal or serving at-risk or disadvantaged youth organizations such as the NAACP, the farmland. In Nebraska, 900 individuals and connect them with caring adults Fraternal Order of Police, and the are being sold online for sex each who will help them navigate life and be American College of Surgeons. month, and 75 percent of them are from their support system. The University of Maryland’s Shock just Omaha. That is why I am an original cospon- Trauma Center has been rated the top I am grateful for the steps Nebraska sor of H.R. 3061, the Foster Youth Men- trauma center in the world. They sup- has taken to combat trafficking and toring Act of 2019, which addresses the port our troops in Iraq and Afghani- protect survivors, but legislation can need for greater support of mentoring stan. They do research as it relates to do only so much. Organizations such as programs that serve youth in foster all sorts of trauma. Shock Trauma is the Department of Justice, Department care by developing best practices and led by Dr. Tom Scalea, with the great of Homeland Security, and the Depart- quality mentoring standards when doctors, nurses, and aides who work in ment of State have worked hard to searching for and hiring mentors. that great institution. They have im- fight this global issue and have been I thank our Nation’s mentors, who plemented this program that I am talk- trained to locate and deter human traf- are actively strengthening our commu- ing about here today, and let me tell ficking. nities and making a difference in the you, it works. I thank the Nebraska State Patrol, educational, personal, and professional I am excited to reintroduce my bill the sheriff departments, and local law lives of today’s youth. Additionally, I so we can work on lowering the rates of enforcement for their diligent work in urge my colleagues from both sides of firearm deaths throughout the coun- capturing traffickers and rescuing sur- the aisle to commit to improving our try. vivors. I thank the many nonprofit vol- youth’s outcomes and futures by sup- f unteer organizations that are dedicated porting legislation like H.R. 3061. HONORING EDDIE BRIDGES to making a difference in combating f this crime. The SPEAKER pro tempore. The In honor of the National Slavery and RECOGNIZING GUN VIOLENCE Chair recognizes the gentleman from Human Trafficking Month this past SURVIVORS WEEK North Carolina (Mr. HOLDING) for 5 January, we must commit to work to- The SPEAKER pro tempore. The minutes. gether to address this heinous crime Chair recognizes the gentleman from Mr. HOLDING. Madam Speaker, I and ensure that all are safe from ex- Maryland (Mr. RUPPERSBERGER) for 5 rise today to recognize Eddie Bridges of ploitation. minutes. Greensboro, North Carolina. BRINGING AWARENESS TO IMPORTANCE OF Mr. RUPPERSBERGER. Madam Members of Congress rarely get the MENTORING Speaker, this week, we recognize Gun opportunity to honor those who have Mr. BACON. Madam Speaker, I rise Violence Survivors Week across our truly dedicated their lives to the public today in honor of National Mentoring country. In my district alone, there good. That is because it is increasingly

VerDate Sep 11 2014 01:03 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.008 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H772 CONGRESSIONAL RECORD — HOUSE February 5, 2020 rare to encounter those who are truly back. As Eddie said to the Wilmington are their successes. But just because selfless, truly dedicated to a cause Star-News last January: ‘‘It’s about they came out of the mouth of Presi- larger than themselves, and who truly much more than me. It honors the 1 dent Donald Trump, the Democrats op- care about preserving the best of our million men, women, and children who pose them. natural resources for future genera- hunt and fish and inject more than $1.3 Folks, that is chaos in government. tions. Greensboro’s Eddie Bridges is billion into North Carolina’s economy Ever since the Democrats took con- such a rare person. every year.’’ trol of this Chamber, they have had Madam Speaker, Eddie is an unself- An accomplished athlete at Elon Uni- one mission, one mission alone, and ish leader whose love of the outdoors versity, a leader in the sportsman com- that is to remove the duly elected 45th and sportsmen’s community has led munity, and a hunter and angler leg- President of the United States, Donald him to become one of the most effec- end, conservationist Eddie Bridges has J. Trump. tive conservation leaders in the history made a positive impact on North Caro- Their mission wasn’t about lowering of North Carolina. lina’s natural resources like no other the cost of prescription drugs. Their On behalf of North Carolina’s con- before him. mission was not getting government gressional delegation, I want the world Madam Speaker, on behalf of the en- off the backs of small businesses, fam- to know what an impact Eddie has tire delegation, I wish to thank Eddie ily farmers, and individuals. Their mis- made and to thank him in this official for his years of service, his incredible sion was about removing Donald salute, which nobody has ever deserved resource development to strengthen Trump. This partisan impeachment sham, more. our State’s wildlife, and the edu- this impeachment circus will be done Madam Speaker, Eddie founded the cational impact on our youth and fu- today. In the United States Senate, North Carolina Wildlife Habitat Foun- ture generations. It is truly an honor President Donald J. Trump will be ac- dation, which raised $5 million and has to know Eddie and to recognize him quitted for life. You will see the proc- funded $1.5 million in conservation today. ess that happened in the House of Rep- projects across North Carolina. f resentatives was clearly a sham in im- b 1045 PRESIDENT TRUMP HIGHLIGHTS peaching the President of the United Eddie has been the driving force be- NUMEROUS SUCCESSES States. hind wildlife resource improvements The SPEAKER pro tempore. The It was so unfortunate yesterday to be that will benefit future generations Chair recognizes the gentleman from sitting here and watching Speaker PELOSI, after the end of the speech, forever. Thanks to Eddie’s persuasive Missouri (Mr. SMITH) for 5 minutes. abilities and creative thinking, he has Mr. SMITH of Missouri. Madam tear up the official speech of the Presi- recruited the State of North Carolina Speaker, just over 12 hours ago, Presi- dent of the United States. That shows and others to join him—to the tune of dent Donald J. Trump stood in this the true hatred that the Democrat so- millions of dollars in projects—to im- Chamber and delivered an incredible cialists have for the President of the prove wildlife restoration, water qual- State of the Union Address. He high- United States. That conduct is not fit- ity, and habitats statewide. lighted numerous successes during his ting for the Speaker of the House. When the Speaker tore up that State Eddie’s foundation has funded, for ex- time as President of the United States: of the Union speech, she ripped up the ample, a quail habitat project in the Over 7 million jobs created; Sandhills Game Land, a bass habitat Record unemployment—record unem- words that recognized one of the last project at Jordan Lake, a North Caro- ployment—for five decades; living serving Tuskegee airmen. When she ripped up that speech, she lina State University black bear re- The lowest unemployment in over 70 ripped up the story of a 21-week-old search project in Hyde County, and cre- years for women; surviving child who was born in a Kan- ated the Frank A. Sharpe Junior Wild- Record unemployment for African, life Education Center in Guilford Coun- sas City, Missouri, hospital. Hispanic, and Asian Americans; When she ripped up that State of the ty. Doubling of the child tax credit from Union speech, she ripped up the story We can all thank Eddie Bridges for $1,000 to $2,000; and the recognition of the families of the idea to create the North Carolina Orchestrating phase one of the China Rocky Jones and Kayla Mueller. Wildlife Resources Commission’s Wild- trade agreement, which increases the life Endowment Fund, which currently amount of agriculture products that f has $130 million in assets and has fund- the Chinese have to purchase from RECOGNIZING MILKEN EDUCATOR ed $70 million for wildlife restoration American farmers—the largest pur- AWARD RECIPIENT MELISSA FIKE and habitat improvements. chase in the history of our country; The SPEAKER pro tempore. The Madam Speaker, Eddie also helped Passing of the USMCA agreement. Chair recognizes the gentlewoman from create the State waterfowl stamp and The President campaigned on it. It was Missouri (Mrs. HARTZLER) for 5 min- State income tax checkoff for nongame a promise made. It was a promise kept; utes. and endangered wildlife, which to- The largest military pay raise in the Mrs. HARTZLER. Madam Speaker, gether have raised $10 million for history of this country. the prestigious Milken Educator nongame wildlife and waterfowl The President said he was going to Awards have been called the Oscars of projects. The endowments founded by build a barrier along the southern bor- teaching. I rise today to pay tribute to Eddie have raised more than $200 mil- der. He highlighted 100 miles of it being a resident of Missouri’s Fourth District lion to preserve and improve our nat- finished in his State of the Union Ad- who was recently honored as one of the ural habitat areas. dress yesterday, with 500 more miles Milken Family Foundation’s out- Eddie served 12 years on the North still planned. standing educators. Carolina Wildlife Resources Commis- He highlighted how his administra- Melissa Fike of Oakland Middle sion after being appointed by Governor tion has approved a record number of School of Columbia, Missouri, has Hunt. He has received top national generic drugs, and, for the first time in taught for 14 years and was not told awards, including the Field and Stream over 50 years, drug prices have actually ahead of time about her award. She Conservation Hero of the Year Award, gone down. was shocked to hear her name an- the Budweiser National Conserva- He highlighted numerous successes nounced during a recent school assem- tionist of the Year Award, the pres- that all Members of Congress who at- bly packed by Oakland Middle School tigious Feinstone Award, the Thomas tended heard. It was unfortunate to sit students and staff. L. Quay Wildlife Diversity Award, and in this Chamber and watch the Demo- As a winner, she receives an award, the Chevron Conservation Award. Last crats on the other side not stand, not the recognition of her colleagues, and a year, Eddie was inducted into the applaud for these successes for Amer- check for $25,000. North Carolina Sports Hall of Fame. ica, these victories for America, the Teachers make an indelible mark on But talk to Eddie and he will tell you people who sent us to Washington, the the lives of young people through their these awards aren’t about him; they people we serve, the people who are our kind words, encouraging smiles, impar- are about his desire to give something bosses. These are their victories. These tation of knowledge, or by helping

VerDate Sep 11 2014 01:03 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.010 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H773 plant a seed that bears fruit in future ciently and effectively remove illegal sible, get the education that they need, years. Melissa Fike has distinguished access into our country, hurting our and get out. By providing students herself and made an impact that will community with illegal drugs. It is with a clear picture of what the work- be felt for years to come. time to pass this crucial legislation, force entails—or, more specifically, by Madam Speaker, I want to commend and I call on my colleagues to support investing in career and technical edu- Melissa Fike on her great work making my bill. cation—we can help make that a re- a difference in the lives of so many f ality. young people and congratulate her on Madam Speaker, I am asking my col- CAREER AND TECHNICAL this prestigious award. leagues to join me in celebrating Ca- EDUCATION MONTH RECOGNIZING MORRIS BURGER, FORMER reer and Technical Education Month PRESIDENT AND CEO OF BURGERS’ SMOKEHOUSE The SPEAKER pro tempore. The by supporting the Counseling for Ca- Mrs. HARTZLER. Madam Speaker, it Chair recognizes the gentleman from reer Choice Act and other common- is with great joy that I share news of Pennsylvania (Mr. THOMPSON) for 5 sense, bipartisan bills that help provide Morris Burger, former president and minutes. quality CTE opportunities to our Na- CEO of Burgers’ Smokehouse of Cali- Mr. THOMPSON of Pennsylvania. tion’s students. fornia, Missouri, being inducted into Madam Speaker, I rise today to recog- f the Meat Industry Hall of Fame. nize February as Career and Technical After serving his country in the Education Month. Each year, this RECESS Army, Morris returned home to run the month highlights the benefits of a The SPEAKER pro tempore. Pursu- family business with the goal of pro- skills-based education and the valuable ant to clause 12(a) of rule I, the Chair ducing the finest cured ham in the contributions that CTE students make declares the House in recess until noon country. The business was extremely to the American workforce and the today. successful and expanded numerous American economy. Accordingly (at 11 a.m.), the House times over recent decades to the point More specifically, February 2 stood in recess. that its business orders now exceed through February 8 is SkillsUSA Week. f 500,000 hams and tens of thousands of SkillsUSA is a leader in the CTE move- pounds of bacon, sausage, and specialty ment. This annual celebration rep- b 1200 meats each year. resents nearly 370,000 SkillsUSA mem- AFTER RECESS Morris retired in the 1990s, and the bers across the country who are devel- business is now run by the third and oping the personal, workplace, and The recess having expired, the House fourth generations of Burger family technical skills necessary to earn and was called to order by the Speaker pro members. keep good-paying and rewarding jobs. tempore (Ms. SA´ NCHEZ) at noon. Morris Burger has left a legacy to be A one-size-fits-all approach to edu- f proud of as Burgers’ Smokehouse con- cation is not an effective way to pre- tinues to epitomize quality, taste, and PRAYER pare students for the workforce. We are innovation, while playing an active doing students a great disservice when Rabbi Seth Frisch, New Shul of role in the community and remaining we only promote what is considered a America, Rydal, Pennsylvania, offered an influential leader in the industry. the following prayer: Congratulations, Morris Burger, for traditional college experience. When we look at the potential of our Almighty, I stand before You in pray- being inducted into the Meat Industry Nation’s learners and contrast that er and in memory as I am reminded of Hall of Fame, a well-deserved honor. with the 7 million unfilled jobs nation- Solomon, King of ancient Israel, who STOP DRUG SMUGGLING BY FILLING THE wide, clearly, there is a disconnect. would preside over a most unusual ju- TUNNELS ASAP dicial hearing, one in which two moth- Mrs. HARTZLER. Madam Speaker, This is often referred to as the skills ers would lay claim to the life of one last week, our U.S. Customs and Bor- gap, and CTE can help us bridge this child, a child they each would insist to der Patrol agents announced the dis- divide. be their own. covery of a highly sophisticated, ille- Now, I have the privilege of serving This parable allows us to see Solo- gal, 4,309-foot cross-border tunnel from as the co-chair of the bipartisan House mon’s wisdom as preserving the nation, Mexico into California built by the Career and Technical Education Cau- as we are sadly reminded, so soon after drug cartels. cus alongside my colleague and good Unfortunately, while the tunnel was friend, Congressman JIM LANGEVIN. his death, that the kingdom is split first found in August of 2019, it will Over the years, we have met with asunder. still take several months to close the many educators, counselors, adminis- I, too, am reminded of Abraham Lin- tunnel as the agency completes a man- trators, and students to better under- coln, when he spoke with prophetic- datory environmental review and a stand the resources necessary to sup- like prescience: ‘‘A house divided can- lengthy contractor bidding process. port learners of all ages. not stand,’’ which was soon to become In October of 2018, I visited the I am proud of the legislation that we a war of brother against brother. From southern border and heard directly have put forward to ensure students this we would soon learn that our fu- from Customs and Border Patrol have the tools they need to pursue a re- ture lies not in enmity, but in unity. agents in Arizona, and I heard a simi- warding education, and, eventually, a For, Lord, the Book of Leviticus, lar story. rewarding career. from Your Torah, teaches us in words The process of closing drug tunnels is With this kind of support, we can inscribed upon the Liberty Bell in arduous and time-consuming. It often help empower students and better pre- Philadelphia: ‘‘Proclaim liberty takes 3 to 4 months to abate this pare them for a 21st century workforce. throughout the land, to all of the in- threat. That is unacceptable. Most recently, that includes H.R. 5092, habitants thereof,’’ thus uniting one of Last year, I introduced H.R. 3968, the the Counseling for Career Choice Act, a our Nation’s ideals, ‘‘e pluribus unum,’’ Eradicate Crossing of Illegal Tunnels bill that would invest in career coun- out of the many, one. Act, to address these problems. seling for high school students as well Lord God, the Founders of this Na- This bill expedites the approval proc- as professional development opportuni- tion understood our strength to be in ess by removing the unnecessary red ties for the counselors who support the celebration of our differences while tape currently preventing our CBP them. assiduously working to put our divi- agents from addressing this critical Career and technical education is not sions behind us. vulnerability. It allows the Secretary a plan B. It is a valuable educational And so it is, Dear God, that we pray of Homeland Security to waive the en- option that is empowering learners of You remain with us. Continue to guide vironmental review and for indefinite all ages to take control of their per- all of us in realizing the dream of this contracts to be secured so drug tunnels sonal and professional futures. great country, to be a Nation indivis- can be filled in a timely manner. To me, the ideal educational system ible, a Nation seeking liberty, and We need to ensure our Border Patrol is one that allows students to get in above all, a Nation providing liberty agents have the tools necessary to effi- with as few barriers to entry as pos- and justice to all.

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.012 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H774 CONGRESSIONAL RECORD — HOUSE February 5, 2020 Amen. remember the tragic and life-altering life with my father’s revolver. In 2014, f impact of the gun violence epidemic my community was devastated by the that continues to affect thousands of Isla Vista shooting that killed six peo- THE JOURNAL families across the country. ple and left 14 injured. The SPEAKER pro tempore. The Every year, 36,000 Americans are I rise because there are commonsense Chair has examined the Journal of the killed by gun violence and 100,000 solutions to curb this violent trend. last day’s proceedings and announces Americans are injured. In my city One of those is my bipartisan Extreme to the House her approval thereof. alone, an average of 765 people die of Risk Protection Order Act of 2019, Pursuant to clause 1, rule I, the Jour- gun violence every year. which will help ensure people who have nal stands approved. Too many families have been touched demonstrated that they are at risk of by this violence. Too many young peo- hurting themselves or others tempo- f ple go to school afraid. Too many rarily don’t have access to guns. The PLEDGE OF ALLEGIANCE Americans live in fear. bill passed out of the committee. I now The SPEAKER pro tempore. Will the Last night, the President’s State of ask the House to bring this legislation gentleman from Illinois (Mr. LAHOOD) the Union only mentioned firearms to the floor. come forward and lead the House in the once. And instead of presenting a plan, The House has already sent two bi- Pledge of Allegiance. it defended the NRA. partisan background check bills to the We owe it to every survivor and to Mr. LAHOOD led the Pledge of Alle- Senate; yet, Senate Majority Leader giance as follows: everyone who has been touched by gun MCCONNELL has not acted. There is no violence to do more than hold a mo- excuse. I pledge allegiance to the Flag of the United States of America, and to the Repub- ment of science or post a hashtag on I will continue to rise until we end lic for which it stands, one nation under God, Twitter. We owe the American people this epidemic. indivisible, with liberty and justice for all. real action. f f f HIGHLIGHTING IMPORTANCE OF PUNXSUTAWNEY PHIL WELCOMING RABBI SETH FRISCH PROTECTING THE SECOND (Mr. THOMPSON of Pennsylvania AMENDMENT The SPEAKER pro tempore. Without asked and was given permission to ad- (Mr. BUDD asked and was given per- objection, the gentleman from Rhode dress the House for 1 minute and to re- mission to address the House for 1 Island (Mr. CICILLINE) is recognized for vise and extend his remarks.) minute and to revise and extend his re- 1 minute. Mr. THOMPSON of Pennsylvania. marks.) There was no objection. Madam Speaker, I rise today to recog- Mr. BUDD. Madam Speaker, I rise Mr. CICILLINE. Madam Speaker, I nize and thank one of the most produc- today to highlight the importance of rise today to welcome Rabbi Seth tive, job-producing constituents in my protecting the Second Amendment to Frisch, who delivered today’s opening district, Punxsutawney Phil. the Constitution. prayer to the people’s House. Over the weekend, Punxsutawney In my district, Commissioners in Da- Since his ordination in 1986, at the Phil delivered us some good news: He vidson, Davie, Iredell, and Rowan Jewish Theological Seminary of Amer- predicted an early spring for the second Counties in North Carolina recently ica in New York, Rabbi Frisch has been year in a row. passed resolutions that simply affirm a source of comfort and counsel to But that is not the only good news. the Second Amendment rights of their Jews around the world. In his current Groundhog Day draws tens of thou- residents and declare that these coun- posting as rabbi and teacher of the New sands of tourists to Jefferson County ties will never participate in the in- Shul of Philadelphia, Rabbi Frisch each year, which boosts revenue at fringement of those rights through un- helps serve as a guide for those who local restaurants, hotels, and other constitutional gun control. want to learn more about what it small businesses. Anti-gun politicians in neighboring means to be Jewish in a safe and sup- Last week, activists claimed that Virginia and other States are trying to porting setting. Punxsutawney Phil should be replaced undermine and overturn the Second In a way, today’s opening prayer was by an animatronic groundhog powered Amendment. That is why these meas- a homecoming for Rabbi Frisch, who by artificial intelligence. ures in my State are both necessary previously served as a legislative as- Well, I believe in creating jobs, not and timely. sistant to the chairman of the United eliminating them. And Punxsutawney I commend these counties, and I re- States Senate Committee on Foreign Phil is no exception. I will always main fully committed to defending the Relations. stand up for the hardworking men, rights of responsible, law-abiding gun I pray that we will all heed his words women, and rodents in the 15th District owners. today, that out of many, we are one of Pennsylvania. Madam Speaker, it is a people prob- Nation. Let us strive to put our divi- In all seriousness, Groundhog Day lem, not a device problem. sions behind us and realize our dream brings together people of all different of a country indivisible with liberty f backgrounds, and this fun family cele- and justice for all. GUN VIOLENCE SURVIVORS WEEK bration reminds us of the importance f of tradition. It is not only an economic (Mr. MORELLE asked and was given permission to address the House for 1 ANNOUNCEMENT BY THE SPEAKER stimulus in the district, but it is also a minute and to revise and extend his re- PRO TEMPORE great source of pride. f marks.) The SPEAKER pro tempore. The Mr. MORELLE. Madam Speaker, it Chair will entertain up to 15 further re- GUN VIOLENCE IS AN EPIDEMIC pains me to stand before you today and quests for 1-minute speeches on each (Mr. CARBAJAL asked and was given recognize Gun Violence Survivors side of the aisle. permission to address the House for 1 Week. As a Nation, we grieve for all f minute and to revise and extend his re- the lives lost senselessly and all those marks.) who must live in the wake of these acts NATIONAL GUN VIOLENCE Mr. CARBAJAL. Madam Speaker, of horror. SURVIVORS WEEK today, I rise because there is an epi- This week alone, we have seen an- (Mr. QUIGLEY asked and was given demic in our country. One hundred other school devastated by gun vio- permission to address the House for 1 Americans die every day from gun violence, another community uncertain minute and to revise and extend his re- lence. We are 25 times more likely to how to move forward. marks.) die from guns than people who live in Our country is faced with a growing Mr. QUIGLEY. Madam Speaker, I comparable nations. epidemic, and it is our responsibility as rise in recognition of National Gun Vi- Gun violence is personal to me. When lawmakers to take action to protect olence Survivors Week, a time when we I was a young boy, my sister took her our communities.

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.014 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H775 That is why I am proud to have Mark is a talented runner who, with will—in chains, in bondage, and then joined Senator ELIZABETH WARREN, David’s support, refused to let chemo- helped to make this country great. Congressman HANK JOHNSON, and a therapy get in the way of his training, It is important that we not only rec- group of colleagues to introduce the whether it was doing laps down hos- ognize them and their contributions Gun Violence Prevention and Commu- pital corridors or running around the but their example of resilience: nity Safety Act. dining room table. Philip Reid, who as an enslaved man This bold reform includes my bill to The brothers have even encouraged was responsible for casting the statue strengthen gun shop regulations and their father, Sandy, to run with them which sits atop this building, and as a prevent the theft of legal firearms. as well. All three train for road races free man supervised the installation of Over 30 percent of guns used in a crime together. Mark recently finished the the Statue of Freedom; Maggie Walker, are identified as stolen, and every one Staten Island Athletic Club 5K in who became the first woman to preside we keep out of the hands of the wrong under 24 minutes. over a savings institution, which dur- people is a step closer to a safer reality Mark and David, your deep commit- ing the Great Depression consolidated for our Nation. The time to act is now. ment to one another is an inspiration to become the Consolidated Bank and Trust, which still exists today; Ralph f to Staten Island, all of New York City, and all of America. Bunche, an American diplomat funda- SUPPORTING MAGNET SCHOOLS Mark, you are a fighter. You inspire mental to the creation and adoption of (Mr. WILSON of South Carolina your family, your friends, and all those the Universal Declaration of Human asked and was given permission to ad- who you fight for as well. Rights who later went on to be the first dress the House for 1 minute and to re- African American to win the Nobel f vise and extend his remarks.) Peace Prize for his negotiation efforts Mr. WILSON of South Carolina. HONORING THE LEGACY OF between Egypt and Israel; and William Madam Speaker, I am grateful to be METAMORA HIGH SCHOOL COACH Leidesdorff of Saint Croix, master of recognized by the Magnet Schools of PAT RYAN shipping of vessels, rancher, gold miner, and one of the founders of San America as a Champion of Magnet (Mr. LAHOOD asked and was given School Excellence and to be a steadfast permission to address the House for 1 Francisco. These Americans are quietly embed- supporter of magnet schools. I appre- minute and to revise and extend his re- ded in our Nation’s history, but today, ciate that President Donald Trump’s marks.) this month, we celebrate them, their praising of magnet schools was in- Mr. LAHOOD. Madam Speaker, I rise work, and their dedication. cluded last night in the State of the today in the House to recognize and Union. congratulate Metamora High School f Last week, I had the opportunity to head football coach Pat Ryan, who has RECOGNIZING EINAR MAISCH visit Dutch Fork Elementary School announced his retirement after 30 (Mr. LAMALFA asked and was given Academy of Environmental Sciences, a years at the helm of the program. permission to address the House for 1 magnet school in Irmo, South Carolina. Over his 30-year tenure, Coach Ryan minute and to revise and extend his re- Dutch Fork is one of many amazing ex- has led the Redbirds to seven cham- marks.) amples of how magnet schools are im- pionship games and two State titles. Mr. LAMALFA. Madam Speaker, I portant for academic excellence. I had He retires with a record of 268–76, and a rise today to recognize Einar Maisch the opportunity to meet with students spot in the Illinois High School Foot- for his 34 years of service to the Placer and teachers and talk with them about ball Hall of Fame. County Water Agency. Water resiliency their unique educational experiences. Coach Ryan’s greatness is known and infrastructure are pressing needs I was thankful to talk with Katrina across central Illinois. His players love in northern California, and Einar has Goggins, the Director of Communica- him. His students love him. Even his devoted his career to solving these crit- tions for District Five of Lexington rivals love him, or at least love com- ical issues. and Richland Counties, Principal Ju- peting against him. As general manager, he worked to lius Scott, Assistant Principal Brandon Not only is Coach Ryan a legend on make PCWA the local leader in water Gantt, School District Five Magnet Di- the field, but his success off the field in rights by overseeing the clear and rector Sara Wheeler, and Shirley Cope. modeling young men is unrivaled and transparent budget process, increasing In conclusion, God bless our troops, unmatched. Coach Ryan coached thou- customer accessibility to the agency, and we will never forget September the sands of students and left a profound and expanding its regional and na- 11th in the global war on terrorism impact on the lives of countless play- tional influence on water issues. with the courageous leadership of ers. Many of his former players have Throughout his long tenure, Einar President Donald Trump. become educators and coaches them- has always prioritized the needs and in- f selves and attribute their career paths terests of the customers and the com- HONORING THE UNBREAKABLE to Coach Ryan’s positive influence on munity. His work will leave a lasting BOND OF MARK AND DAVID their lives. impact on water planning, resiliency, CARLES Congrats to Coach Ryan on his leg- and management in northern Cali- endary career, both on and off the field. fornia for decades come, and the north (Mr. ROSE of New York asked and He has made our central Illinois com- State is very thankful for all Einar has was given permission to address the munity a better place, and he will be done. House for 1 minute.) missed on Friday nights. I congratu- Madam Speaker, I thank Einar, and I Mr. ROSE of New York. Madam late him on his Hall of Fame career. wish him the best of luck in his much- Speaker, I rise today in honor of Mark Go Redbirds. deserved and probably busier retire- and David Carles, two brothers with an f ment. May he keep his knowledge and unbreakable bond. experience available to all of us. Ever since they were kids growing up b 1215 on Staten Island, Mark and his older f brother, David, have been absolutely RECOGNIZING BLACK HISTORY RECOGNIZING NATIONAL GUN inseparable. When Mark was diagnosed MONTH VIOLENCE SURVIVORS WEEK with a rare form of liver cancer in Oc- (Ms. PLASKETT asked and was given (Mr. PAYNE asked and was given tober of 2018, David postponed his base- permission to address the House for 1 permission to address the House for 1 ball career to take care of his brother. minute and to revise and extend her re- minute and to revise and extend his re- While Mark was using a breathing marks.) marks.) tube and unable to speak, the brothers Ms. PLASKETT. Madam Speaker, I Mr. PAYNE. Madam Speaker, I rise communicated using sign language. urge every one of my colleagues to use today to honor Gun Violence Survivors After a life-threatening surgery, the Black History Month to celebrate the Week. first thing Mark did was sign David’s contributions of people who came to Every year, roughly 36,000 Americans name. this hemisphere not of their own free are killed from gun violence. This is an

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.016 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H776 CONGRESSIONAL RECORD — HOUSE February 5, 2020 average of 100 Americans every single peachment of a President in 1868. It is partial justice. It is the Senate, Madam day. Also, there are close to 100,000 an oath rooted in the Revolution Speaker, that will fail if it does not Americans injured every year from gun fought by their grandparents to create hold this President accountable for violence, yet we do very little to pre- a republic of laws, not kings. It is an using a hold on military aid to compel vent these preventable injuries and oath whose power derives from its com- an ally to interfere in our election for deaths. mon sense: that a juror must always be his own personal gain. I am proud to come from a State impartial for a trial to be fair. And it History will judge poorly those who with effective gun laws. In New Jersey, is an oath made necessary by the fact we have strong background checks, a that Senators are not, as we are not, choose fear of their party over the ban on high-capacity magazines, and under normal circumstances, impartial courage to do the right thing. Neither an extreme risk protection order for in our work. the Speaker nor myself, nor the whip, possible victims. That is why New Jer- The words chosen for this oath recog- JIM CLYBURN, urged any member in our sey has one of the lowest firearm death nize that when our Constitution calls party to vote any way on impeach- rates in America. If we had national Senators to try impeachment, it calls ment. There was no lobbying. There laws such as the ones in New Jersey, them away from their role as par- was no pressure. Our members voted we could save lives and spare families tisans. When that oath is taken, Sen- consistent with their oath of office and the hurt and horrors of gun violence. ators are supposed to step back from the conviction that that vote was required by that oath to protect and de- f the affiliation of party or political kinship with or opposition to the Presi- fend the Constitution. HELPING VETERANS WITH dent on trial. They are required, as the Americans will judge. I am often TRAINED SERVICE DOGS oath plainly states, to ‘‘do impartial asked why the House passed Articles of (Mr. CUNNINGHAM asked and was justice according to the Constitution Impeachment even knowing that the given permission to address the House and laws.’’ odds were slim that Senate Repub- for 1 minute and to revise and extend Madam Speaker, this afternoon, Sen- licans would set aside partisanship and his remarks.) ators will be asked to vote on the two hear the case as impartial jurors. It is Mr. CUNNINGHAM. Madam Speaker, Articles of Impeachment the House because I know future generations will for far too long, we have failed to serve presented on abuse of power and the look back on this chapter in our his- veterans struggling with the invisible obstruction of Congress. After voting tory and ask: Who stood up for the wounds of war, veterans who nearly to refuse to hear evidence and call wit- Constitution and the laws? Who stood gave everything to us. nesses with pertinent information, up for the values our Founders charged From veterans who served in Viet- nearly all Republican Senators have al- us to keep? Who refused to shrink from nam and Korea to those who have re- ready announced that they will vote the heavy responsibilities of their cently returned home from Afghani- against the articles. oath? I can be proud that the House did stan and Iraq, Congress has done too In doing so, many of them acknowl- its job, followed the law, defended our little to curb the often-devastating ef- edge that what President Trump did Constitution. fect post-traumatic stress can have in was wrong and inappropriate. They ac- the lives of the brave men and women cept that it was wrong for him to with- We did not convict; that is not our who served our Nation in combat. hold military aid to Ukraine until the role. Essentially, what we said was That is why I am proud today to rise President of that country promised to there was probable cause that powers in support of my colleague Representa- interfere in the American elections. had been abused and certainly cause to tive STEVE STIVERS’ bipartisan bill, The evidence of President Trump’s see that the President refused to co- which will help veterans in the abuse of power and attempt to solicit operate with the constitutional respon- Lowcountry and across this Nation foreign interference in the 2020 elec- sibilities of the House of Representa- manage the symptoms of post-trau- tions is clear enough that Republican tives. matic stress by pairing them with Senators cannot and have not denied I am also proud of the House man- trained service dogs. the facts, yet they cannot bring them- agers, as all of my colleagues on the With the help of a service dog, many selves to confront this President and Democratic side of the aisle are proud veterans with severe post-traumatic are choosing party over country. of our managers who made their case. stress are able to return to work, at- The Senator from Alaska, in explain- tend college, and spend more meaning- ing her decision to vote to block wit- They made their case with intellect. ful time with their families and their nesses and evidence, tried to deflect re- They made their case with evidence loved ones. The brave men and women sponsibility from the consequences of that had been adduced here in the who voluntarily raised their right her actions, writing: ‘‘I have come to House. They made their case and ap- hands and swore an oath to defend our the conclusion that there will be no pealed to Senators to hold this Presi- Nation deserve nothing less than the fair trial in the Senate.’’ I agree with dent accountable, as our Founders in- opportunity to succeed when they re- that. She further said: ‘‘It is sad for me tended. turn home. today to admit that, as an institution, Almost everybody has watched a The PAWS Act is a critical step in the Congress has failed.’’ trial either in person or on television. the right direction. I urge all of my Madam Speaker, the Congress has A trial is not an opening argument and colleagues to join me in supporting not failed. The House did its job, a closing argument with nothing in be- this bipartisan legislation. whether you agree or not. In regular tween. Seventy-five percent of our peo- f order, by a vote of this House, we imple wanted to have witnesses because peached the President of the United AMERICANS WILL JUDGE that was their understanding of what a States based upon our oath to protect trial is, not just argument at the be- (Mr. HOYER asked and was given and defend the Constitution of the ginning and argument at the end, but permission to address the House for 1 United States. evidence for jurors who have pledged to minute and to revise and extend his re- The House did its job and did so with be impartial to consider. Any judge in marks.) the solemnity required when under- this country would agree that opening Mr. HOYER. Madam Speaker, ‘‘I sol- taking the process of impeachment, and closing statements alone are not a emnly swear that in all things apper- which we did not seek but accepted as trial. taining to the trial of the impeachment our responsibility under the Constitu- of Donald John Trump, President of tion. We held hearings, called wit- Nevertheless, the House managers the United States, now pending, I will nesses, and subpoenaed documents. proved their case. The truth is clear. do impartial justice according to the Many of the witnesses and documents, The American people know what that Constitution and laws.’’ of course, were withheld by the White truth is and know what this President That is the oath Senators swore on House. has done. And they will remember who January 16. It is the oath created by It is the Senate that will fail if Sen- on this day abided by the truth, the Senators when they tried the first im- ators do not uphold their oaths to im- whole truth, and nothing but the truth.

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.018 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H777 ANNOUNCEMENT BY THE SPEAKER propriations, the Secretary of Veterans Af- and assurances as the Secretary may re- PRO TEMPORE fairs shall carry out a pilot program under quire. which the Secretary shall make grants to (d) VETERAN ELIGIBILITY.— The SPEAKER pro tempore. Pursu- one or more appropriate non-government en- (1) IN GENERAL.—For the purposes of this ant to clause 8 of rule XX, the Chair tities for the purpose of assessing the effec- section, an eligible veteran is a veteran will postpone further proceedings tiveness of addressing post-deployment men- who— today on motions to suspend the rules tal health and post-traumatic stress disorder (A) is enrolled in the patient enrollment on which a recorded vote or the yeas (in this section referred to as ‘‘PTSD’’) system in the Department of Veterans Af- symptoms through a therapeutic medium of fairs under section 1705 of title 38, United and nays are ordered, or votes objected training service dogs for veterans with dis- to under clause 6 of rule XX. States Code; abilities. (B) has been recommended for the pilot The House will resume proceedings (b) DURATION OF PILOT PROGRAM.—The program under this section by a qualified pilot program required by subsection (a) on postponed questions at a later time. health care provider or clinical team based shall be carried out during the five-year pe- f on the medical judgment that the veteran riod beginning on the date of the commence- may potentially benefit from participating; ment of the pilot program. PUPPIES ASSISTING WOUNDED and (c) CONDITIONS ON RECEIPT OF GRANTS.—As SERVICEMEMBERS FOR VET- (C) agrees to successfully complete train- ERANS THERAPY ACT a condition of receiving a grant under this section, a non-government entity shall— ing provided by an eligible organization that Mr. TAKANO. Madam Speaker, I (1) submit to the Secretary certification receives a grant under this section. move to suspend the rules and pass the that the entity is an organization described (2) RELATIONSHIP TO PARTICIPATION IN in section 501(c)(3) of the Internal Revenue OTHER PROGRAM.—Veterans may participate bill (H.R. 4305) to direct the Secretary in the pilot program in conjunction with the of Veterans Affairs to carry out a pilot Code of 1986 that— (A) provides service dogs to veterans with compensated work therapy program of the program on dog training therapy, as PTSD; and Department of Veterans Affairs. amended. (B) is accredited by, or adheres to stand- (3) CONTINUING ELIGIBILITY REQUIREMENT.— The Clerk read the title of the bill. ards comparable to those of, an accrediting To remain eligible to participate in the pro- The text of the bill is as follows: organization with demonstrated experience, gram, a veteran shall see the health care H.R. 4305 national scope, and recognized leadership provider or clinical team of the Department and expertise in the training of service dogs of Veterans Affairs treating the veteran for Be it enacted by the Senate and House of Rep- and education in the use of service dogs; PTSD at least once every six months to de- resentatives of the United States of America in (2) agree to cover all costs in excess of the termine, based on a clinical evaluation of ef- Congress assembled, grant amount; ficacy, whether the veteran continues to SECTION 1. SHORT TITLE. (3) agree to reaccept or replace the service benefit from the program. This Act may be cited as the ‘‘Puppies As- dog the organization provided to the veteran, (e) COLLECTION OF DATA.—In carrying out sisting Wounded Servicemembers for Vet- if necessary, as determined by the organiza- this section, the Secretary shall— erans Therapy Act’’ or the ‘‘PAWS for Vet- tion and the veteran; (1) develop metrics and other appropriate erans Therapy Act’’. (4) provide a wellness certification from a means to measure, with respect to veterans SEC. 2. FINDINGS. licensed veterinarian for any dog partici- participation in the program, the improve- Congress makes the following findings: pating in the program; ment in psychosocial function and thera- (1) According to the analyses of veteran (5) employ at least one person with clinical peutic compliance of such veterans and suicide published by the Department of Vet- experience related to mental health; changes with respect to the dependence on erans Affairs in August 2016 and titled ‘‘Sui- (6) ensure that veterans participating in prescription narcotics and psychotropic cide Among Veterans and Other Americans’’, the pilot program receive training from cer- medication of such veterans; and in June 2018, titled ‘‘VA National Sui- tified service dog training instructors for a (2) establish processes to document and cide Date Report’’— period of time determined appropriate by the track the progress of such veterans under (A) an average of 20 veterans died by sui- organization and the Secretary, including the program in terms of the benefits and im- cide each day in 2014; service skills to address or alleviate symp- provements noted as a result of the program; (B) mental health disorders, including toms unique to veterans’ needs; and major depression and other mood disorders, (7) agree to provide both lectures on serv- (3) in addition, the Secretary shall con- have been associated with increased risk for ice dog training methodologies and practical tinue to collect these data over the course of suicide; hands-on training and grooming of service five years for each veteran who has contin- (C) since 2001, the proportion of users of dogs; ued with the dog he or she has personally the Veterans Health Administration with (8) agree that in hiring service dog training trained. mental health conditions or substance use instructors to carry out training under the (f) GAO BRIEFING AND STUDY.— disorders has increased from approximately pilot program, the non-government entity (1) BRIEFING.—Not later than one year 27 percent in 2001 to more than 40 percent in will give a preference to veterans who have after the date of the commencement of the 2014; and successfully graduated from PTSD or other pilot program under subsection (a), the (D) overall, suicide rates are highest residential treatment program and who have Comptroller General of the United States among patients with mental health and sub- received adequate certification in service shall provide to the Committees on Vet- stance use disorder diagnoses who are in dog training; erans’ Affairs of the House of Representa- treatment and lower among those who re- (9) agree not to use shock collars or prong tives and the Senate a briefing on the meth- ceived a mental health diagnosis but were collars as training tools and to use positive odology established for the program. not at risk enough to require enhanced care reinforcement training; (2) REPORT.—Not later than 270 days after from a mental health provider. (10) agree that upon the conclusion of the date on which the program terminates, (2) The Department of Veterans Affairs training provided using the grant funds— the Comptroller General shall submit to the must be more effective in its approach to re- (A) the veteran who received the training committees specified in paragraph (1) a reducing the burden of veteran suicide con- will keep the dog unless the veteran and the port on the program. Such report shall in- nected to mental health disorders, including veteran’s health provider decide it is not in clude an evaluation of the approach and post-traumatic stress disorder (in this sec- the best interest of the veteran; methodology used for the program with re- tion referred to as ‘‘PTSD’’), and new, rig- (B) if the veteran does not opt to own the spect to— orous scientific research provides persuasive dog, the entity will be responsible for caring (A) helping veterans with severe PTSD re- weight to the growing anecdotal evidence for and appropriately placing the dog; turn to civilian life; that service dogs ameliorate the symptoms (C) the Department of Veterans Affairs will (B) relevant metrics, including reduction associated with PTSD, and in particular, have no additional responsibility to provide in metrics such as reduction in scores under help prevent veteran suicide. for any benefits under this section; and the PTSD check-list (PCL–5), improvement (3) Several organizations have proven (D) the Department of Veterans Affairs in psychosocial function, and therapeutic track records of training service dogs for will have no liability with respect to the dog; compliance; and veterans with severe PTSD and dramatically (11) provide follow-up support service for (C) reducing the dependence of participants improving those veterans’ quality of life, the life of the dog, including a contact plan on prescription narcotics and psychotropic ability to re-enter society, and, most impor- between the veteran and the entity to allow medication. tantly, their chances of survival. the veteran to reach out for and receive ade- (g) DEFINITION.—For the purposes of this SEC. 3. DEPARTMENT OF VETERANS AFFAIRS quate help with the service dog and the orga- section, the term ‘‘service dog training in- PILOT PROGRAM ON DOG TRAINING nization to communicate with the veteran to structor’’ means an instructor who provides THERAPY. ensure the service dog is being properly the direct training of veterans with PTSD (a) IN GENERAL.—Commencing not later cared for; and and other post-deployment issues in the art than 120 days after the date of the enactment (12) submit to the Secretary an application and science of service dog training and han- of the Act, subject to the availability of ap- containing such information, certification, dling.

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.020 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H778 CONGRESSIONAL RECORD — HOUSE February 5, 2020 The SPEAKER pro tempore. Pursu- Before this bill was placed on the companionship and unconditional love ant to the rule, the gentleman from Consensus Calendar, I had hoped to offered by man’s best friend has a pow- California (Mr. TAKANO) and the gen- wait to have the findings of this study erful real-world healing effect. The old tleman from Tennessee (Mr. DAVID P. so that we could properly review and saying is, in Washington, ‘‘if you want ROE) each will control 20 minutes. mark up this legislation, ensuring vet- a friend, get a dog.’’ I am glad that this The Chair recognizes the gentleman erans receive effective, evidence-based program will expand that effort as well from California. treatments for PTSD. as the unique assistance that trained GENERAL LEAVE Mr. Speaker, we are passing this leg- service dogs provide to more of our Na- Mr. TAKANO. Madam Speaker, I ask islation without scientific evidence tion’s heroes. unanimous consent that all Members supporting the effectiveness of service This bill is cosponsored by 321 of our may have 5 legislative days in which to dogs for the treatment of PTSD. How- House colleagues, a tremendous bipar- revise and extend their remarks and to ever, I support this bill because its tisan show of support that is reflective insert extraneous material on H.R. placement on the Consensus Calendar of the desire of this body to care for 4305, as amended. reflects the will of the Members of this those who have borne the battles and The SPEAKER pro tempore. Is there Chamber, and years of research have are struggling with invisible injuries as objection to the request of the gen- shown positive health outcomes related a result. tleman from California? to owning dogs for companionship. I am grateful to General STEVE STIV- There was no objection. When we receive the study, I intend ERS for his hard work getting this bill b 1230 to work with our Senate colleagues to to the House floor today, and I am improve and strengthen this legislation happy to support it. Mr. TAKANO. Madam Speaker, I so that we can ensure veterans diag- yield myself such time as I may con- Mr. Speaker, I reserve the balance of nosed with PTSD receive effective my time. sume. treatments. Madam Speaker, I rise in support of Mr. TAKANO. Mr. Speaker, I yield 2 Mr. Speaker, I reserve the balance of minutes to the gentlewoman from New the Puppies Assisting Wounded Serv- my time. icemembers for Veterans Therapy Act, Jersey (Ms. SHERRILL), my good friend. Mr. DAVID P. ROE of Tennessee. Mr. Ms. SHERRILL. Mr. Speaker, I thank otherwise known as the PAWS Act, in- Speaker, I yield myself as much time troduced by Representative STIVERS of Chairman TAKANO for yielding. as I may consume. I rise today in support of H.R. 4305, Ohio. Mr. Speaker, I rise today in support the PAWS for Veterans Therapy Act. This bill has more than 300 cospon- of H.R. 4305, as amended, the Puppies This important bipartisan legislation sors, which put it on the Consensus Assisting Wounded Servicemembers for will create a pilot program within the Calendar. It reflects this Chamber’s de- Veterans Therapy Act, or the PAWS Department of Veterans Affairs to give sire to pass legislation addressing vet- Act. erans’ mental health, which I strongly This bill is sponsored by Congress- veterans access to treatment derived from working with service dogs. support. man STEVE STIVERS from Ohio. STEVE The bill calls for the VA to establish is a brigadier general in the Army Na- Mr. Speaker, I would also like to a 5-year pilot program to make grants tional Guard, where he wore our Na- take this opportunity to thank the available to appropriate nongovern- tion’s uniform for over three decades of gentleman from Ohio, Representative mental entities ‘‘for the purpose of as- service in Ohio and overseas in support STIVERS, for his tireless leadership on sessing the effectiveness of addressing of Operation Iraqi Freedom. this legislation. I deeply appreciate his post-deployment mental health and Needless to say, he knows firsthand dedication to our Nation’s veterans. post-traumatic stress disorder symp- the toll that military service can take Mr. Speaker, thousands of veterans, toms through a therapeutic medium of and the need to ensure that the Depart- between 11 and 20 percent, experience training service dogs for veterans with ment of Veterans Affairs is equipped to post-traumatic stress disorder. Too disabilities.’’ provide our veterans with all the serv- many of the men and women who serve Mr. Speaker, I think everyone in this ices and supports that they need to not our country return home with unseen room today can agree that dogs—and only recover from their wounds of war, trauma that can make it hard to carry animals, more broadly speaking—make but to lead healthy, full, and meaning- out daily activities, like going to work great companions. In fact, in 2018, ful lives as civilians. The PAWS Act or going to school. We owe it to our Americans spent $72 billion on their would provide VA with an additional veterans to make sure that they have pets. Years of research have illustrated tool to accomplish that goal by pro- the resources they need to recover. numerous positive health outcomes, viding grants to organizations to assist In November, I had the opportunity such as lowering blood pressure. veterans struggling with post-trau- to spend some time with a Vietnam I intend to vote ‘‘yes’’ on this bill; matic stress disorder and other mental veteran named Walter Parker and his however, I do have concerns about this health challenges through service dog service dog, Jackson. Walter shared bill becoming law before VA’s study ex- training. how his partnership with Jackson has amining the possible therapeutic bene- Veterans participating in the pro- dramatically improved his life. Jack- fits of veterans with PTSD receiving gram would be paired with a prospec- son helps Walter participate in activi- either a service dog or an emotional tive service dog and work with a qualities that we all take for granted, like support dog is complete. fied service dog training instructor to going to the movies or the grocery Service dogs and emotional support train the dog as a certified service ani- store. Their bond has been instru- dogs are very different, and it is impor- mal. At the conclusion of the training, mental in Walter’s continuing recov- tant that we understand the efficacy of if the veteran and the veteran’s pro- ery. providing veterans with PTSD with ei- vider agree that it is in the best inter- His story is not unique. Researchers, ther type of dog. Relying on the dog for ests of the veteran, the veteran will be doctors, and veterans, themselves, all companionship is far different than able to keep their dog, or it would be report the same thing: Service dogs using dogs as a form of behavioral paired with another veteran in need. soothe the invisible wounds of war. health treatment. The grant program that the PAWS Under the PAWS for Veterans Ther- Mr. Speaker, like any other treat- Act would create is based on service apy Act, the VA will partner with non- ment, therapy, or pharmaceutical pro- dog training therapy programs at Wal- profit organizations working with vet- vided to veterans, research must be ter Reed National Medical Center in erans and service dogs to create work- performed so informed policy and Maryland and the Palo Alto VA Med- therapy programs that help veterans treatment decisions can be made. A ical Center in California. Both of those learn the art and science of training draft monograph outlining VA’s find- programs are well established and have dogs. After completing the program, ings is complete and currently under- shown remarkably positive anecdotal the veterans may adopt their dogs to going peer review by the National outcomes for servicemembers and vet- provide continued therapy. Academy of Sciences. The VA antici- erans who have gone through them. Mission-based therapy has been prov- pates having a final report to Congress It won’t come as a surprise to any en to be a successful means of treating not later than the end of July 2020. dog owner—me, included—that the PTSD, and this legislation will enable

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.021 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H779 more veterans to access the care that agree we have got to address the prob- This issue is particularly personal to service dogs can provide. lem of veteran suicide and give access me. I am an Army wife. I am married Mr. Speaker, Walter and Jackson and to veterans to service dogs if the vet- to a 30-year Army officer, an Apache countless other vets and their service erans have post-traumatic stress. pilot. I have a step-daughter currently dogs are proof that this therapy works. There is a Senate bill. This bill on Active Duty, a son-in-law on Active We owe it to our veterans to explore passed the House 2 years ago. My Duty, and my other step-daughter is a creative ways to help them after they version of the bill passed the House 2 physician at the VA. have given so much to our country. years ago but died in the Senate. There While we make the decision to send Mr. Speaker, I urge my colleagues to is now a Senate version with Senator men and women to fight for our coun- support this important and innovative TILLIS, Senator SINEMA, Senator FISCH- try, we make the decision to support legislation and give veterans the treat- ER, and Senator FEINSTEIN. It is bipar- them for the rest of their lives. That is ment they need and deserve. tisan. I am hopeful they will get that a nonpartisan responsibility, and it Mr. DAVID P. ROE of Tennessee. Mr. done in quick order here. We owe it to couldn’t be more clear or more urgent, Speaker, I do want to give a shout-out these veterans to give creative solu- especially as we recognize the stag- to former Congressman Ron DeSantis, tions to treat their mental health and gering rate of suicide in the veteran now Governor Ron DeSantis of Florida, their anxiety issues. community. who championed this legislation. Since it was brought up, I do want to b 1245 mention that this VA study was au- Mr. Speaker, I yield 4 minutes to the Every day, an average of 17 veterans gentleman from Ohio (Mr. STIVERS), thorized in the 2010 National Defense Authorization Act. It is 2020. That is 10 are victims of suicide. Think about my good friend. that. Within the community of vet- years. In that time, it was started, Mr. STIVERS. Mr. Speaker, I thank erans that served in Iraq and Afghani- studied for 4 years, halted, then it the gentleman from Tennessee (Mr. stan, more veterans have been lost to began again. It has been delayed three DAVID P. ROE) for yielding time. suicide than to combat, which is both times, and now they say it may be out This bill is, indeed, a blending of a devastating and unacceptable. bill that Governor DeSantis had in the in June. I am hopeful that it is, but we The PAWS for Veterans Therapy Act last Congress and a bill we had in the can’t wait any longer. Our veterans will have a real impact on improving last Congress, and we now have 321 co- can’t wait any longer. the well-being of our veterans. All you In the interim, this has been studied sponsors on this bill. need to do is talk to a veteran suffering at Purdue University and Kaiser Mr. Speaker, as you know, our serv- from depression or PTSD to understand icemembers returning from war some- Permanente, and the studies were con- what adopting a dog does for their times have invisible wounds. I served clusive: The efficacy of service dogs lives. as a battalion commander in Operation works. The results are undisputed. I am incredibly proud of what this Iraqi Freedom, and soldiers under my There is less anxiety. These veterans bill represents: a group of Democrats command came back with post-trau- are on fewer drugs. There is a lower in- and Republicans finding an area of matic stress and, indeed, some even cidence of suicide. strong common ground and pushing We can’t wait any longer to address with traumatic brain injury. legislation to a vote that could have All too often, we see the links be- this crisis. We must pass this bill significant impact. today. tween military service and mental Mr. DAVID P. ROE of Tennessee. Mr. Mr. Speaker, I appreciate my col- health conditions, including post-trau- Speaker, I yield 2 minutes to the gen- leagues on both sides of the aisle. I matic stress, as well as traumatic tleman from Tennessee (Mr. JOHN W. urge them to support H.R. 4305. brain injury and even suicide. ROSE), my good friend and fellow col- God bless our veterans. It is time we league. Mr. Speaker, we lose 20 veterans a give them the help they need. day to suicide. Congress has to work to Mr. JOHN W. ROSE of Tennessee. Mr. Mr. TAKANO. Mr. Speaker, I yield 2 Speaker, I rise in support of the Pup- address that situation. Mental health minutes to the gentlewoman from and the suicide epidemic that are fac- pies Assisting Wounded Servicemem- Michigan (Ms. SLOTKIN), my good bers for Veterans Therapy Act, or ing veterans can’t be solved with a sin- friend. gle solution, but it is important we PAWS for Veterans Therapy Act. Ms. SLOTKIN. Mr. Speaker, I rise in I thank the distinguished gentleman look at this comprehensively and come support of the PAWS for Veterans from Tennessee for yielding me this up with as many building blocks as we Therapy Act. I am incredibly proud to time and for his service to the good can to address this crisis. That is why be coleading this bipartisan bill to con- people of Tennessee. I introduced the PAWS for Veterans nect veterans with service dogs in their I also wholeheartedly thank Rep- Therapy Act, which is based on clinical communities and improve outcomes for resentative STIVERS for approaching evidence from Kaiser Permanente and veterans’ mental health and well-being. me about cosponsoring this out- Purdue University. There are two amazing organizations standing policy proposal. His leader- The PAWS for Veterans Therapy Act in Livingston County in my district ship on this issue is truly appreciated would establish a pilot program in the that train dogs and place them with by me, but more importantly, by Department of Veterans Affairs au- veterans in need: Veteran Service Dogs America’s veterans. thorizing the Secretary to give grants in Howell, Michigan, and Blue Star While we are enjoying a time of un- to local service dog training organiza- Service Dogs in Pinckney. paralleled economic growth in my life- tions so that they can work with vet- In December, I had the chance to time, a safer and more secure Nation, erans, and veterans can receive train- visit Blue Star Service Dogs for myself. and 243 years of enduring freedom made ing to train service dogs and also end It was incredible to see these dogs in possible in no small part by the sac- up with a service dog if it is appro- action and hear directly from veterans rifice of our servicemembers, we also priate for them. about how service dogs are helping live in a time when approximately 20 This effort has been 10 years in the them heal from depression, PTSD, and veterans are lost to suicide every day. making, and it is time that we actually so many other invisible service-related This heartbreaking reality calls us to bring it to a conclusion. I am grateful wounds. action. Research has demonstrated the that so many of my colleagues on both Both organizations are doing amaz- powerful effect of service dogs in the sides of the aisle support it. ing work for veterans in our commu- lives of those suffering from post-trau- Mr. Speaker, I want to give a special nity, and I want to salute them. matic stress disorder. These loyal com- thanks to Representative KATHLEEN This bill before us today sets up a panions have been shown to lead to RICE, my lead Democrat cosponsor, and pilot program through the VA to part- stronger mental health, greater pur- the many other folks who worked on ner with local nonprofits, just like the pose in life, and renewed hope. this bill. I also want to thank the ma- ones in my district, to create work- Today, I stand up for our veterans in jority leader, STENY HOYER, for bring- therapy programs for veterans to help Tennessee and all of our veterans ing it to the floor today. expand the number of veterans who can across the country who would find sup- Mr. Speaker, 321 Members of Con- access the benefits of training and port from PAWS. I invite my col- gress don’t agree on a lot, but they adopting a service dog. leagues from both sides of the aisle to

VerDate Sep 11 2014 03:08 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.023 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H780 CONGRESSIONAL RECORD — HOUSE February 5, 2020 join us in supporting our veterans and Our veterans deserve to live happy Puerto Rico; Tillamook Bay, Oregon; vote for the PAWS for Veterans Ther- lives after their service, and we should Piscataqua Region, New Hampshire; Bar- apy Act. do everything that we can to ensure negat Bay, New Jersey; Maryland Coastal Mr. TAKANO. Mr. Speaker, I reserve Bays, Maryland; Charlotte Harbor, Florida; their well-being. I urge my colleagues Mobile Bay, Alabama; Morro Bay, California; the balance of my time. to pass this important bill. and Lower Columbia River, Oregon and Mr. DAVID P. ROE of Tennessee. Mr. I thank my colleagues Representa- Washington’’. Speaker, it is my privilege to yield 3 tive ROE and Representative STIVERS SEC. 3. PURPOSES OF CONFERENCE. minutes to the gentleman from Florida for their leadership, and we all should Section 320(b)(4) of the Federal Water Pol- (Mr. WALTZ), an Army veteran from let them know and let these veterans lution Control Act (33 U.S.C. 1330(b)(4)) is Florida’s Sixth Congressional District. know that we have their six and the amended— Mr. WALTZ. Mr. Speaker, today I House of Representatives stands with (1) by striking ‘‘management plan that recommends’’ and inserting ‘‘management plan rise in support of this important legis- them on their path to healing. lation, H.R. 4305, the PAWS Act. that— Mr. TAKANO. Mr. Speaker, I reserve ‘‘(A) recommends’’; and As a combat veteran, I have person- the balance of my time. (2) by adding at the end the following: ally relied on service dogs in battle. We Mr. DAVID P. ROE of Tennessee. Mr. ‘‘(B) addresses the effects of recurring ex- all recently witnessed the important Speaker, I yield myself the balance of treme weather events on the estuary, includ- role that service dogs play in combat my time, as I have no further speakers, ing the identification and assessment of roles and in national security when we and I am prepared to close. vulnerabilities in the estuary and the devel- saw Conan, the Belgian Malinois, who Mr. Speaker, I strongly encourage opment and implementation of adaptation strategies; and participated in the raid that killed my colleagues to support this needed ISIS leader al-Baghdadi. Service dogs ‘‘(C) increases public education and aware- legislation and I associate my remarks ness of the ecological health and water qual- also play an important role in with what Mr. WALTZ just stated. ity conditions of the estuary;’’. transitioning veterans back to civilian Anyone who has ever had the joy—as SEC. 4. MEMBERS OF CONFERENCE. life. I have through my entire life—to have Section 320(c)(5) of the Federal Water Pol- There is no denying these connec- those animals associated with you lution Control Act (33 U.S.C. 1330(c)(5)) is tions. The support they provide our knows how uplifting and helpful it can amended by inserting ‘‘nonprofit organiza- veterans puts that connection on an be to these people. As has been mentions,’’ after ‘‘educational institutions,’’. entirely different level of importance. tioned many times, we have not been SEC. 5. GRANTS. Section 320(g)(4)(C) of the Federal Water Many of our veterans return back from making a dent in our suicide rate, and their service not the same as when Pollution Control Act (33 U.S.C. 1330(g)(4)(C)) it is time to start thinking out of the is amended— they left, and I can personally attest to box. (1) in the matter preceding clause (i)— that. Mr. Speaker, I strongly encourage (A) by inserting ‘‘, emerging,’’ after ‘‘ur- They have three bad choices: either my colleagues to support this legisla- gent’’; and they don’t come home, they come tion, and I yield back the balance of (B) by striking ‘‘coastal areas’’ and insert- home missing limbs, or they certainly my time. ing ‘‘the estuaries selected by the Adminis- come home—when you have been in Mr. TAKANO. Mr. Speaker, I have no trator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries’’; combat—different mentally than when further speakers. they left. (2) by redesignating clauses (vi) and (vii) as I ask my colleagues to join me in clauses (viii) and (ix), respectively, and in- These invisible wounds often make passing H.R. 4305, as amended, and I serting after clause (v) the following: life very difficult for our veterans who yield back the balance of my time. ‘‘(vi) stormwater runoff; have served. We owe them. The least The SPEAKER pro tempore (Mr. ‘‘(vii) accelerated land loss;’’; and we can do is to provide a full menu of GARCI´A of Illinois). The question is on (3) in clause (viii), as so redesignated, by options to their medical providers the motion offered by the gentleman inserting ‘‘, extreme weather,’’ after ‘‘sea level rise’’. when they need help, whether those are from California (Mr. TAKANO) that the medicines, whether those are uncon- House suspend the rules and pass the SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ventional treatments like hyperbaric Section 320(i)(1) of the Federal Water Pol- bill, H.R. 4305, as amended. lution Control Act (33 U.S.C. 1330(i)(1)) is chambers, or whether they are service The question was taken; and (two- amended by inserting ‘‘, and $50,000,000 for dogs. That should be one of the options thirds being in the affirmative) the each of fiscal years 2022 through 2026,’’ after that our providers can provide. rules were suspended and the bill, as ‘‘2021’’. I had the personal opportunity to amended, was passed. The SPEAKER pro tempore. Pursu- meet with several veterans who have A motion to reconsider was laid on ant to the rule, the gentleman from benefited from these service animals in the table. New Jersey (Mr. MALINOWSKI) and the my district last year and their stories f gentleman from Florida (Mr. MAST) were just incredible. each will control 20 minutes. The common theme amongst all of PROTECT AND RESTORE The Chair recognizes the gentleman them was that they either completely AMERICA’S ESTUARIES ACT from New Jersey. eliminated or drastically reduced the Mr. MALINOWSKI. Mr. Speaker, I GENERAL LEAVE amount of medication that they were move to suspend the rules and pass the Mr. MALINOWSKI. Mr. Speaker, I on as a result of PTSD, depression, and bill (H.R. 4044) to amend the Federal ask unanimous consent that all Mem- anxiety. Water Pollution Control Act to reau- bers have 5 legislative days in which to Almost all of these veterans who had thorize the National Estuary Program, revise and extend their remarks and in- service dogs in their lives not only re- and for other purposes, as amended. clude extraneous materials on H.R. duced their medications, but they got The Clerk read the title of the bill. 4044, as amended. out more and they socialized more. The The text of the bill is as follows: The SPEAKER pro tempore. Is there dog served as an important and posi- objection to the request of the gen- H.R. 4044 tive forcing function in their lives. tleman from New Jersey? I think this legislation is long over- Be it enacted by the Senate and House of Rep- There was no objection. due. This is long overdue for the VA to resentatives of the United States of America in Mr. MALINOWSKI. Mr. Speaker, I provide. I love the fact that it engages Congress assembled, yield myself such time as I may con- our veteran service organizations like SECTION 1. SHORT TITLE. sume. K9s for Warriors which is just north of This Act may be cited as the ‘‘Protect and Mr. Speaker, I am proud to lead this my district in St. Johns County, and Restore America’s Estuaries Act’’. bipartisan reauthorization of the Na- others. SEC. 2. MANAGEMENT CONFERENCE. tional Estuary Program, a successful These dogs can be life changing, and Section 320(a)(2)(B) of the Federal Water nonregulatory program to improve the Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) they have been life changing, and they is amended by striking ‘‘and Peconic Bay, water quality and ecological integrity should continue to be, and they should New York’’ and inserting ‘‘Peconic Bay, New of our Nation’s estuaries, a program be provided by us, by our society that York; Casco Bay, Maine; Tampa Bay, Flor- with a long history of support on both owes these vets so much. ida; Coastal Bend, Texas; San Juan Bay, sides of the aisle.

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.025 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H781 Estuaries are extraordinarily produc- as an original cosponsor, and Congress- forts to ensure robust Federal invest- tive ecosystems where fresh water from man LARSEN for making the bill even ment in the National Estuary Program rivers and streams mixes with salt- stronger, as well as more than two and its vital projects, which is why I water from the ocean. dozen of my colleagues, Democrats and am proud and very pleased to support In my district in my home State of Republicans alike, who have cospon- the Protect and Restore America’s Es- New Jersey, the New York-New Jersey sored this bill. tuaries Act. This critical legislation Harbor & Estuary Program encom- Mr. Speaker, I reserve the balance of reauthorizes the National Estuary Pro- passes some 250 square miles of open my time. gram through fiscal year 2026 and in- water, including parts of the Raritan, Mr. MAST. Mr. Speaker, I yield my- creases funding for this critical pro- Rahway, Elizabeth, and Hackensack self such time as I may consume. gram to $50 million annually. Rivers. Mr. Speaker, I rise in support as well H.R. 4044 also includes language I au- My bill, the Protect and Restore of H.R. 4044, the Protect and Restore thored making clear that NEP com- America’s Estuaries Act, makes sev- American’s Estuary Act. petitive funds must be allocated for eral important improvements to this I also want to thank my colleague NEP-listed estuaries or projects that program. First, it nearly doubles fund- from New Jersey (Mr. MALINOWSKI) for relate to these estuaries’ coastal resil- ing for the program’s 28 estuaries of introducing this legislation; our chair- iency. This will help ensure that the national significance, including the woman, Mrs. NAPOLITANO, Mr. GRAVES, Environmental Protection Agency fol- New York-New Jersey Harbor & Estu- and everybody who has worked on this lows congressional intent for NEP dol- ary Program. outstanding bill that we want to see lars to support local estuary restora- It ensures that management plans move forward here that has moved for- tion projects. governing nationally significant estu- ward so many other times. I look forward to voting for H.R. 4044 aries consider the effects of recurring H.R. 4044, reauthorizes the National to ensure local communities across the extreme weather events and that they Estuary Program which focuses on es- country can continue their work to develop and implement appropriate ad- tuaries of national significance across protect and restore estuaries. aptation strategies. It expands eligi- the Nation, including one in my own On a related note, I also want to rise bility for grants under the program to backyard, very literally, the Indian in support of the PUGET SOS Act, organizations working to address River Lagoon, the heart and soul of my which will be considered later today. stormwater runoff, coastal resiliency, district. Introduced by my colleagues in the and accelerated land loss issues. Estuaries are not just critical nat- Washington delegation, Representa- ural habitats that provide enormous It requires the NEP management, the tives HECK and KILMER, this bill will regional conferences that are part of economic benefits, but they are a part improve and expand Federal engage- the NEP, to develop and implement of our way of life for those of us who ment in Puget Sound recovery efforts. strategies to increase local awareness live anywhere near them or around At a time when the impacts of cli- about the ecological health and water them. They are where we go fishing, mate change threaten coastal commu- quality of estuaries. where we see our children recreate and nities throughout the Pacific North- It is hard to overstate just how im- wade in the waters. It is where we see west and the U.S., endanger iconic spe- portant estuaries are to the broader dolphin and manatee. That is where we cies such as the southern resident kill- marine ecology. They are sometimes see people spend their summers, travel er whale, and decimate critical habi- referred to as the nurseries of the sea to come see the blue waters and the tats, federal engagement and invest- because of the vast and diverse array of fish and everything else that thrives in ment in estuary restoration must be a marine animals that spend the early those ecosystems. priority. parts of their lives in them, with their The National Estuary Program is Mr. MAST. Mr. Speaker, I yield such calm waters providing a safe habitat pivotal to the preservation of these time as she may consume to the gen- for smaller birds and other animals, as very unique ecosystems, and it pro- tlewoman from Puerto Rico (Miss vides an enormous return on the tax- well as for spawning and nesting. GONZA´ LEZ-COLO´ N). Further, estuaries act as stopover payer’s investment. On average, the es- Miss GONZA´ LEZ-COLO´ N of Puerto sites for migratory animals including tuary program raises $19 for every $1 Rico. Mr. Speaker, I thank Congress- ducks, geese, and salmon. They filter provided by the Environmental Protec- man MAST for yielding. out pollutants from rivers and streams tion Agency. Mr. Speaker, I rise in support of H.R. It is because of this and many other before they flow into the ocean, and 4044, the Protect and Restore Amer- reasons that I see on a day-to-day basis they protect inland areas from flood- ica’s Estuaries Act, of which I am a with the estuaries in my backyard that ing, with their broad and shallow proud cosponsor. I want to urge support of this legisla- waters able to absorb sudden storm The National Estuary Program is an tion. surges. initiative committed to protecting and Mr. Speaker, I reserve the balance of They are the natural infrastructure restoring the water quality and eco- my time. that protects human communities from logical integrity of 28 estuaries across flooding. And of course, they also help b 1300 the country, including the San Juan the economies of every community Mr. MALINOWSKI. Mr. Speaker, I Bay Estuary Program in my congres- that relies on fishing and tourism and yield 2 minutes to the gentleman from sional district. recreation. Washington (Mr. LARSEN). This estuary is the only tropical es- So it is my privilege to play a role in Mr. LARSEN of Washington. Mr. tuary in the program and the only one protecting and strengthening these Speaker, I rise today in support of H.R. outside the continental U.S. It also critical ecosystems and in preserving 4044, the Protect and Restore Amer- provides habitat to 160 species of birds, the natural beauty of my State of New ica’s Estuaries Act, a bipartisan piece 200 species of wetland plants, 124 spe- Jersey. of legislation to reauthorize and im- cies of fish, and 20 species of amphib- Mr. Speaker, I want to thank my col- prove the National Estuary Program, ians and reptiles, including endangered league on the Transportation and In- the NEP. I thank Representative animals such as the Antillean manatee frastructure Committee, Congressman MALINOWSKI for his leadership on pre- and the hawksbill and leatherback tur- GRAVES for teaming up with me on this serving our Nation’s estuaries as well. tles. bill. Congressman GRAVES is a long- Puget Sound, where I am from, is the The San Juan Bay annually receives time champion for the estuarine sys- largest estuary by water volume in the 80 percent of imports for Puerto Rico tem in his district, and I am glad to contiguous United States, and the through docks and ports throughout partner with him. waters and wildlife that call it home the system, playing a crucial role for I want to thank Congresswoman are one of the cornerstones of north- the island’s economy. Last year alone, NAPOLITANO for her leadership of the west Washington’s environment, cul- the estuary received 9.5 million visi- Water Resources and Environment ture, and maritime economy. tors, numbers only expected to in- Subcommittee. I want to thank Con- As co-chair of the Congressional Es- crease as the island recovers from past gresswoman FLETCHER for her support tuary Caucus, I strongly support ef- hurricanes. The estuary aids in flood

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Of course, I am going to be for it, NEW YORK-NEW JERSEY make critical investments in outfalls needed and I think it is a great initiative not HARBOR & ESTUARY PROGRAM, to address rising sea levels; just to protect but also care for all our New York, NY, February 4, 2020. Restoring shoreline ecology and improving wetlands in the Nation. Hon. PETER A. DEFAZIO, fisheries in the Hudson and East River by Mr. MALINOWSKI. Mr. Speaker, I Chairman, Committee on Transportation and creating oyster reefs and other restoration efforts yield 2 minutes to the gentlewoman Infrastructure, House of Representatives, Washington, DC. The value of our oceans, estuaries and from California (Mrs. NAPOLITANO.) Hon. DON YOUNG, coasts to our nation is immense, and has Mrs. NAPOLITANO. Mr. Speaker, I Ranking Member, Committee on Transportation never been more important. Over half the US thank the gentleman from New Jersey and Infrastructure, House of Representa- population lives in coastal watershed coun- (Mr. MALINOWSKI) for H.R. 4044, the re- tives, Washington, DC. ties, many of these in estuaries of national authorization of the very popular Na- Hon. GRACE F. NAPOLITANO, significance. Roughly half the nation’s gross tional Estuary Program, or NEP. It al- Chairman, Water Resources and Environment domestic product is generated in those coun- lows more proactive measures to be eli- Subcommittee, Committee on Transportation ties and adjacent ocean waters. According to and Infrastructure, House of Representa- NOAA’s 2019 report on the ocean economy, gible under the program. ocean industries contributed $320 billion to The strong bipartisan support this tives, Washington, DC. Hon. BRUCE WESTERMAN, U.S. economy, while employment in the bill has received is evidence of its wide- Ranking Member, Water Resources and Envi- ocean economy increased by 14.5 percent by spread popularity and success. I am ronment Subcommittee, Committee on 2016, compared to 4.8 percent in the U.S. very pleased that several members of Transportation and Infrastructure, House economy as a whole. this committee have all cosponsored of Representatives, Washington, DC. Thank you again for your efforts to advance this visionary legislation and look for- the bill. The bill represents the com- DEAR CHAIRMEN DEFAZIO AND NAPOLITANO, ward to working with you to reauthorize this mitment to our coastal areas and the RANKING MEMBERS YOUNG AND WESTERMAN: Thank you for your leadership in support of successful program. vital role they play in economic driv- Sincerely, ers, natural water filters, and protec- the cooperative conservation and management of our nation’s vital estuaries, and in ROBERT PIRANI, tion from flooding events. particular for the unanimous approval in Director, NYNJHEP. Mr. Speaker, I strongly urge the EPA your committee for HR 4044, a bill to reau- and States to work together to des- thorize the National Estuary Program. BARATARIA-TERREBONNE, ignate more national estuaries that This legislation invests directly in the NATIONAL ESTUARY PROGRAM, can be eligible for this program, and I stewardship of our nation’s coasts. It empow- Thibodaux, LA, February 4, 2020. ers local communities in a non-regulatory, Hon. PETER A. DEFAZIO, urge my colleagues to support the bill, Chairman, Committee on Transportation and H.R. 4044. collaborative and science based strategy to safeguard the places where we live, work and Infrastructure, House of Representatives, Mr. MAST. Mr. Speaker, I yield my- Washington, DC. self such time as I may consume to recreate. The 28 National Estuary Programs (NEP) located around the nation’s coastline Hon. DON YOUNG, close. engage industries, businesses, and other Ranking Member, Committee on Transportation Mr. Speaker, H.R. 4044 will have a community members to develop solutions for and Infrastructure, House of Representa- profound impact on districts across tough problems. The NEP’s public-private tives, Washington, DC. America. That is a fact. It is why I am partnerships stretch federal dollars to pro- Hon. GRACE F. NAPOLITANO, here to support it today. It includes my vide successful on-the-ground results driven Chairman, Water Resources and Environment Subcommittee, Committee on Transportation own district, by increasing public edu- by diverse stakeholders. NEP partners include wastewater utilities; port authorities, and Infrastructure, House of Representa- cation and awareness around the tives, Washington, DC. health conditions of estuaries. shippers, and related maritime industry; local restaurants & tourist businesses; de- Hon. BRUCE WESTERMAN, The Indian River Lagoon I spoke sign, engineering and construction profes- Ranking Member, Water Resources and Envi- about is one of the most biologically sionals; state and local governments; col- ronment Subcommittee, Committee on diverse estuaries in all of North Amer- leges and universities, and community and Transportation and Infrastructure, House ica and a major economic driver for the environmental organizations. of Representatives, Washington, DC. DEAR CHAIRMEN DEFAZIO AND NAPOLITANO, five counties that it borders. The la- NEPs around the country are extremely ef- RANKING MEMBERS YOUNG AND WESTERMAN: ficient at leveraging funds to increase their goon faces enormous challenges year Thank you for your leadership in support of ability to restore and protect their coastal after year and summer after summer, the National Estuary Program, and in par- ecosystems. The NEPs have obtained over but through the National Estuary Pro- ticular for your unanimous approval in your $19 for every $1 provided, generating over $4 committee for HR 4044, a bill to reauthorize gram, there has been a pilot-scale dem- billion for on-the-ground efforts since 2003. this highly successful program. I understand onstration of seagrass restoration, HR 4044 would amplify and improve on the this bill may be considered by the full House which is one of the biggest challenges reforms signed into law in the 114th Congress of Representatives, and applaud your efforts that we face. The destruction of our that created a competitive program to ad- to advance this legislation. We at the dress urgent challenges while streamlining seagrass each year is like a forest fire Barataria-Terrebonne National Estuary Pro- the administrative costs of the program. underneath the waters of our estuary. gram strongly applaud the leadership of Rep- Storm water quality improvement PROGRESS ON THE GROUND resentative Graves to advance this legisla- projects, septic-to-sewer projects, and NEPs have collectively restored and pro- tion to address Louisiana’s land loss crisis. many other projects and initiatives tected more than 2,000,000 acres of vital habi- Funding from this program empowers local that are vital to our estuary are all im- tats since 2000 alone. Consistent Congres- people and their ongoing love of the land, plemented here. sional funding of the National Estuary Pro- water, culture, and each other to use the With the Protect and Restore Amer- grams is essential—resulting in clean water, best science available to address the healthy estuaries, and strong coastal com- estuary’s perils. ica’s Estuaries Act, we will build on munities. This investment in our national This legislation invests directly in the the enormous success of the National estuaries will help strengthen America’s stewardship of our nation’s coasts. It empow- Estuary Program. It is why I couldn’t economy and support thousands of jobs, and ers local communities in a non-regulatory, be more proud to support it. will secure the future of our coastal commu- collaborative and science-based strategy to Mr. Speaker, I urge support and nities. safeguard the places where we live, work, adoption of this bipartisan piece of leg- Here in New York and New Jersey, we can and recreate. Of all federally funded coastal islation, and I yield back the balance of report on how funds already invested in this programs, only NEPs organize local stake- my time. program are being put to extremely good holders as partners in a unique decision- Mr. MALINOWSKI. Mr. Speaker, I in- purpose in protecting and restoring estuaries making framework to address local prior- and coastal communities: ities. NEPs provide technical, management, clude in the RECORD letters of support Working with communities in the Bronx, and communication assistance to develop for H.R. 4044 from the New York-New Harlem, Passaic, and Hackensack River wa- priorities and implement comprehensive ac- Jersey Harbor and Estuary Program, tersheds to track down sources of floatable tions: storm water and infrastructure Barataria-Terrebonne National Estu- trash before they enter the water; projects, seagrass and shellfish restoration

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which support fishing and tourist industries, SAN FRANCISCO ESTUARY PARTNERSHIP, PUGET SOUND PARTNERSHIP, science and monitoring to guide decision- San Francisco, CA, February 4, 2020. Tacoma, WA, February 4, 2020. making, and innovative education programs Hon. PETER A. DEFAZIO, Hon. PETER A. DEFAZIO, designed for the next generation of Ameri- Chairman, Committee on Transportation and Chairman, Committee on Transportation and cans. Infrastructure, Washington, DC. Infrastructure, House of Representatives, NEPS: PUBLIC-PRIVATE PARTNERS Hon. DON YOUNG, Washington, DC. The NEP consists of 28 unique, voluntary Ranking Member, Committee on Transportation Hon. DON YOUNG, programs established by the Clean Water Act and Infrastructure, Washington, DC. Ranking Member, Committee on Transportation to protect and improve estuaries of national Hon. GRACE F. NAPOLITANO, and Infrastructure, House of Representa- significance. Each NEP engages its local Chairman, Water Resources and Environment tives, Washington, DC. community in a non-regulatory, consensus- Subcommittee, Washington, DC. Hon. GRACE F. NAPOLITANO, driven, and science-based process. For every Hon. BRUCE WESTERMAN, Chairman, Water Resources and Environment federal dollar, NEPs collectively leverage $19 Ranking Member, Water Resources and Envi- Subcommittee, Committee on Transportation in local funds to protect and improve coastal ronment Subcommittee, Washington, DC. and Infrastructure, House of Representa- tives, Washington, DC. environments, communities, and economies. DEAR CHAIRMEN DEFAZIO AND NAPOLITANO, Hon. BRUCE WESTERMAN, This investment in our national estuaries RANKING MEMBERS YOUNG AND WESTERMAN: I strengthens America’s economy and supports Ranking Member, Water Resources and Envi- am writing to thank you for your leadership thousands of jobs, and will secure the future ronment Subcommittee, Committee on of our coastal communities. in support of the National Estuary Program Transportation and Infrastructure, House NEPs engage industries, businesses, and (NEP). For over 30 years, NEPs have ad- of Representatives, Washington, DC. other community members to develop solu- vanced national priorities through a place- DEAR CHAIRMEN DEFAZIO AND NAPOLITANO, tions for tough problems. NEP’s public-pri- based, non-regulatory, collaborative ap- RANKING MEMBERS YOUNG AND WESTERMAN: vate partnerships stretch federal dollars to proach. NEP’s promote efficient partnerships Thank you for your leadership in support of provide on-the ground results driven by di- to achieve on-the-ground success, engaging the National Estuary Program, and in par- verse stakeholders. NEP partners include industries, businesses, local communities, ticular for your unanimous approval in your committee for HR 4044, a bill to reauthorize commercial agriculture and fisheries, energy scientists, regulatory agencies and other and water utilities, local businesses, con- this highly successful program. I understand stakeholders. struction and landscaping professionals, this bill may be considered by the full House state and local governments, academic insti- Communities and businesses depend on our of Representatives, and applaud your efforts tutions, and community groups. nation’s estuaries. Loss of coastal habitats, to advance this legislation. The value of our oceans, estuaries and pollutants entering our waters, and in- In particular I would like to recognize and coasts to our nation is immense. Over half creased coastal flooding are challenging our applaud the leadership of Representative the U.S. population lives in coastal water- coasts and affecting the critical economies Larson on this issue. He has been a stalwart shed counties. Roughly half the nation’s supporter of this program nationally, and in we rely on. Over 82% of the nation’s popu- gross domestic product is generated in those particular a champion of Puget Sound. I ap- lation live in the coastal areas that NEPs di- counties and adjacent ocean waters. In 2019 preciate his efforts as a senior member of alone, ocean industries contributed $320 bil- rectly support. The 28 NEPs are leading the your committee to advance this legislation lion to U.S. economy. way in using a non-regulatory approach to that is so important to Washington. RESULTS ON THE GROUND working with industry and communities on Puget Sound is a complex ecosystem en- NEPs have had great success in protecting innovations to protect life, business, and compassing mountains, farmlands, cities, and restoring estuaries and coastal commu- property from loss, damage, flooding, and rivers, forests, and wetlands. Sixteen major nities: drought. rivers flow to Puget Sound and 20 treaty tribes call the region home. Currently, 4.5 The Barataria-Terrebonne National Estu- NEPs leverage federal funds to build the ary Program (BTNEP) is restoring maritime million people live in the Puget Sound area, capacity of local partners to implement in- forest ridges along coastal Louisiana with with another 1.3 million expected to live here novative and beneficial projects. For every public and private partnerships. These ridges by 2040. Seattle was the second fastest grow- are vital habitat for wildlife and provide dollar EPA provides, NEPs leverage $19 in ing city in the nation in 2018, and the fastest storm surge protection for business, indus- local funds to protect and improve coastal in 2017. We are a region of innovators and entry, and homeowners. environments, communities and economies. trepreneurs: 11 Fortune 500 companies are Morro Bay National Estuary Program is Recent examples of NEP successes include: are headquartered in the Puget Sound area, many of which have shaped 21st century life. restoring underwater eelgrass meadows after The San Francisco Estuary Partnership is precipitous decline in the last decade. Prom- Our economy is roaring, and the region’s collaborating with wastewater treatment fa- ising restoration results show that collabo- natural beauty and recreational opportuni- rative research, community outreach, and cilities to advance innovative nature-based ties help businesses and companies attract adaptive management make a difference for solutions along the shoreline to remove con- top talent. healthy estuary habitats on the California’s taminants, secure potable water resources, On the surface, Puget Sound looks healthy Central Coast. increase flood protection, and restore habi- and inviting, but, in fact, Puget Sound is in All three California National Estuary Pro- tat grave trouble. Southern Resident orcas, Chi- nook salmon, and steelhead are all listed grams are partnering to improve the status All three California National Estuary Pro- and use of resources for boaters to pump out under the Endangered Species Act. Toxic grams are partnering to reduce raw sewage waste from their boats. These stations are chemicals and pharmaceuticals continue to critical to keeping bacteria and other pollu- disposal into the water from recreational pollute our waterways, and shellfish beds are tion from entering sensitive coastal waters. boats, keeping bacteria and other pollution routinely closed to commercial and rec- The NY-NJ Harbor & Estuary Program is from entering coastal waters and threat- reational harvest due to fecal contamina- working with the Bronx River Alliance and ening public health tion. Habitat degradation continues to out- other community groups to track down The Center of the Inland Bays in Delaware pace restoration. While this situation at sources of floatable trash in the River. times seems impossibly gloomy, the hun- is bringing the oyster back, with all its eco- The Center of the Inland Bays in Delaware dreds of passionate people who are devoted logical and economic benefits, after it nearly is bringing the oyster back, using living to seeing the return of a healthy and resil- shorelines to stop erosion, protect property disappeared in the last century. The Center ient Puget Sound give us hope. and restore habitat. is using living shorelines to stop erosion, Scientists say that we can still recover NEPs have collectively restored and pro- protect property and restore habitat Puget Sound, but only if we act boldly now. tected more than 2,000,000 acres of vital habi- The NY-NJ Harbor & Estuary Program is We know what we need to do. The primary tats since 2000 alone. working with the Bronx River Alliance and barriers between us and more food for orcas, Important reforms were made to the Na- clean and sufficient water for people and other community groups to track down tional Estuary Program in the reauthoriza- fish, sustainable working lands, and harvest- tion during the 114th Congress, including the sources of floatable trash in the River, in- able shellfish are funding and political for- creation of a competitive program to address cluding locations in upstream Westchester titude. urgent challenges and the streamlining of County The single greatest step we could take to administrative costs. HR 4044 amplifies and NEPs have collectively restored and pro- ensure a durable, systematic, and science- improves on these reforms. We thank you tected more than 2,000,000 acres of vital habi- based effort for Puget Sound recovery is to again for your efforts to advance this vision- tats since 2000 alone fully fund the implementation of habitat ary legislation and look forward to working protection and restoration, water quality with you to reauthorize this successful pro- Thank you again for your strong support of protection, and salmon recovery programs. gram. this program over the years. The National Estuary Program (NEP) is a Sincerely, Sincerely, vital piece of this funding puzzle. DEAN BLANCHARD, CAITLIN SWEENEY, Of all federally funded coastal programs, BTNEP Acting Director. Director. only NEPs organize local stakeholders as

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partners in a unique decision-making frame- SANTA MONICA BAY est, off the Palos Verdes Peninsula in the work to address local priorities. NEPs pro- NATIONAL ESTUARY PROGRAM, past six years. This restoration effort has vide technical, management, and commu- February 3, 2020. helped reverse an 80% decline in this vital nication assistance to develop priorities and Hon. PETER A. DEFAZIO, ecosystem which supports several of Califor- implement comprehensive actions: Chairman, Committee on Transportation and nia’s most lucrative fisheries and allows for stormwater and infrastructure projects, Infrastructure, House of Representatives, the recovery of endangered abalone. seagrass and shellfish restoration which sup- Washington, DC. The Puget Sound Partnership is restoring port fishing and tourist industries, science Hon. GRACE F. NAPOLITANO, forage fish spawning—which are critically and monitoring to guide decision-making, Chairman, Water Resources and Environment important in the Puget Sound foodweb— and innovative education programs designed Subcommittee, Committee on Transportation back to large areas of shoreline and reducing for the next generation of Americans. and Infrastructure, House of Representa- the flow of stormwater containing toxic pol- The NEP consists of 28 unique, voluntary tives, Washington, DC. lutants into Puget Sound. programs established by the Clean Water Act Hon. DON YOUNG, The NY-NJ Harbor & Estuary Program is to protect and improve estuaries of national Ranking Member, Committee on Transportation working with the Bronx River Alliance and significance. Each NEP engages its local and Infrastructure, House of Representa- other community groups to track down community in a non-regulatory, consensus- tives, Washington, DC. sources of floatable trash in the River, in- driven, and science-based process. For every Hon. BRUCE WESTERMAN, cluding locations in upstream Westchester dollar EPA provides, NEPs leverage $19 in Ranking Member, Water Resources and Envi- County. The Casco Bay Estuary Partnership in local funds to protect and improve coastal ronment Subcommittee, Committee on Maine, along with partners, is monitoring environments, communities and economies. Transportation and Infrastructure, House nutrients around Casco Bay to provide real- NEPs have collectively restored and proof Representatives, Washington, DC. DEAR CHAIRMEN DEFAZIO AND NAPOLITANO, time data on nutrient processes. CBEP’s nu- tected more than 2,000,000 acres of vital habi- RANKING MEMBERS YOUNG AND WESTERMAN: I trient analyzer has been automatically col- tats since 2000 alone. Consistent Congres- am writing to thank you for your leadership lecting nitrate, nitrite and ammonium sam- sional funding of the National Estuary Pro- in support of the National Estuary Program, ples and working collaboratively to assure grams is essential resulting in clean water, and in particular for your unanimous ap- safe levels in the bay. healthy estuaries, and strong coastal com- proval in your committee for HR 4044, a bill As you know important reforms were made munities. This investment in our national to reauthorize this highly successful pro- to the National Estuary Program in the re- estuaries will help strengthen America’s gram. I also like to recognize the efforts of authorization that was signed into law in the economy and support thousands of jobs, and California Representatives Salud Carbajal, 114th Congress. These reforms created a com- will secure the future of our coastal commu- Harley Rouda, and Eric Swalwell for their petitive program to address urgent chal- nities. co-sponsorship of this bill. We understand lenges and maximize funds received by our Thank you for your strong support of this this bill may be considered by the full House national estuaries, while streamlining the program over the years. Funds already in- of Representatives and applaud your efforts administrative costs of the program. HR 4044 vested in this program are being put to ex- to advance this legislation. would amplify and improve on these reforms, tremely good purpose in protecting and re- The National Estuary Program consists of and continue the cost-effective streamlining storing estuaries and coastal communities. 28, voluntary and geographically specific begun in the 114th Congress. Recent examples include the following: partnerships to promote the vitality of the Thank you again for your visionary leader- United States Estuaries of National Signifi- ship, and that of the three California Rep- Our partners are restoring forage fish cance. Each NEP engages its local commu- resentatives Salud Carbajal, Harley Rouda, spawning, which is critically important in nity in a non-regulatory, consensus-driven, and Eric Swalwell who have cosponsored this the Puget Sound food web—back to large and science-based process. For every dollar bill to reauthorize this successful program. areas of shoreline, and reducing the flow of EPA provides, NEPs leverage $19 in local Sincerely, stormwater containing toxic pollutants into funds to protect and improve coastal envi- TOM FORD, Puget Sound. ronments, communities, and economies. Director, Santa Monica Bay The NY-NJ Harbor & Estuary Program is NEPs provide a suite of skills to advance National Estuary Program. working with the Bronx River Alliance and the technical, management, and communica- other community groups to track down tion needs of their consensus driven Com- LOWER COLUMBIA sources of floatable trash in the River, in- prehensive Conservation and Management ESTUARY PARTNERSHIP, cluding locations in upstream Westchester Plans. These plans seek to implement co- Portland, OR, February 5, 2020. County. ordinated actions such as: storm water and Hon. PETER A. DEFAZIO, The Casco Bay Estuary Partnership in infrastructure projects, seagrass, dune, wet- Chair, Committee on Transportation and Infra- Maine, along with partners, is monitoring land, and shellfish restoration, and the con- structure, House of Representatives, Wash- nutrients around Casco Bay to provide real- servation of open spaces. NEPs also support ington, DC. time data on nutrient processes. CBEP’s nu- and conduct scientific monitoring to identify Hon. DON YOUNG, trient analyzer has been automatically col- and address sources of environmental harm Ranking Member, Committee on Transportation lecting nitrate, nitrite and ammonium sam- that are detrimental to public health and and Infrastructure, House of Representa- ples and working collaboratively to assure coastal economies. tives, Washington, DC. NEPs engage industries, businesses, and safe levels in the bay. Hon. GRACE F. NAPOLITANO, other community members to develop solu- Chair, Water Resources and Environment Sub- The Center of the Inland Bays in Delaware tions for tough problems. The NEPs’ public- committee, Committee on Transportation is bringing the oyster back, with all its eco- private partnerships stretch federal dollars and Infrastructure, House of Representa- logical and economic benefits, after it nearly to provide successful on-the-ground results tives, Washington, DC. disappeared in the last century. The Center driven by diverse stakeholders. NEP partners Hon. BRUCE WESTERMAN, is using living shorelines to stop erosion, include commercial agriculture and fish- protect property and restore habitat. eries, energy and water utilities, local res- Ranking Member, Water Resources and Envi- As you know, important reforms were taurants & tourist businesses, construction ronment Subcommittee, Committee on made to the National Estuary Program and landscaping professionals, engineering Transportation and Infrastructure, House (NEP) in the reauthorization that was signed and mining companies, state and local gov- of Representatives, Washington, DC. DEAR CHAIRS DEFAZIO AND NAPOLITANO, into law in the 114th Congress. These reforms ernments, colleges and universities, and RANKING MEMBERS YOUNG AND WESTERMAN: created a competitive program to address ur- other community organizations. Thank you for your leadership and strong gent challenges and maximize funds received The value of our oceans, estuaries and support of the National Estuary Program by our national estuaries, while streamlining coasts to our nation is immense. According (NEP), and for your unanimous approval in the administrative costs of the program. to NOAA’s 2019 report on the ocean economy, ocean industries contributed $320 billion to your committee for HR 4044, a bill to reau- HR 4044 would amplify and improve on thorize this highly successful program. I un- these reforms, and continue the cost-effec- U.S. economy, while employment in the ocean economy increased by 14.5 percent by derstand this bill may be considered by the tive streamlining begun in the 114th Con- full House of Representatives and appreciate gress. 2016, compared to 4.8 percent in the U.S. economy as a whole. NEPs work to protect your efforts to support this legislation. We are running out of time: the Center for and enhance these nationally significant The NEP stands out as one of the most ef- Whale Research reported this weekend that economic engines. fective federal programs. The National Pro- another Southern Resident orca, L41, has Thank you for your strong support of this gram creates a framework—and account- gone missing. With its loss, the population program over the years. Funds already in- ability—for local partners, representing di- will drop to 72 animals, the lowest in 40 vested in this program are being put to ex- verse interests to address the physical, years. Your action now to pass HR 4044 can tremely good purpose in protecting and re- chemical, social, biological, economic and help. storing estuaries and coastal communities. cultural challenges that threaten our na- Sincerely, Recent examples include: tion’s estuaries. It is this collaborative LAURA L. BLACKMORE, The Santa Monica Bay National Estuary framework that allows NEPs to tackle issues Executive Director. Program has restored 51.9 acres of kelp for- that no agency or state can tackle alone.

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.015 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H785 Of all federally funded coastal programs, and use of resources for boaters to pump out tude of South Texas for the hard work and only NEPs implement a community-based waste from their boats. These stations are dedication of the Transportation & Infrastruc- decision framework to address local and na- critical to keeping bacteria and other pollu- ture Committee Members and staff to con- tional priorities. NEPs and their partners ad- tion from entering sensitive coastal waters. dress: The NY-NJ Harbor & Estuary Program is serving the Lower Laguna Madre for future Stormwater and infrastructure projects; working with the Bronx River Alliance and generations. Eelgrass and shellfish restoration, sup- other community groups to track down I look forward to working with our Senators porting aquaculture, fishing, and tourist in- sources of floatable trash in the River. to help pass this legislation, and with our local dustries; The Center of the Inland Bays in Delaware officials, especially Cameron County Commis- Land and wildlife conservation; is bringing the oyster back, using living sioner David Garza, and our governor, so we Science and monitoring to guide decision- shorelines to stop erosion, protect property can finally secure a National Estuary Program making; and and restore habitat. designation for the Lower Laguna Madre. I Innovative education programs designed NEPs have collectively restored and pro- for the next generation of Americans. tected more than 2,000,000 acres of vital habi- urge my colleagues to support H.R. 4044. The NEP consists of 28 unique, voluntary tats since 2000 alone. Ms. BONAMICI. Mr. Speaker, I rise today in programs established by the Clean Water Act Important reforms were made to the Na- support of H.R. 4044, the Protect and Restore to protect and improve estuaries of national tional Estuary Program in the reauthoriza- America’s Estuaries Act. As Co-Chair of the significance. Each NEP engages its local tion during the 114th Congress, including the Congressional Estuary Caucus, I am pleased community in a non-regulatory, consensus- creation of a competitive program to address to support this bill to reauthorize the National driven, and science-based process. For every urgent challenges and the streamlining of Estuary Program through Fiscal Year 2026. administrative costs. HR 4044 amplifies and federal dollar, NEPs collectively leverage $19 The Lower Columbia Estuary Partnership, in in local funds to protect and improve coastal improves on these reforms. environments, communities, and economies. Despite these great outcomes, threats to my home state of Oregon, is one of the twen- This investment in our national estuaries our waters and our communities remain. ty-eight National Estuary Programs across the strengthens America’s economy and supports Toxics from stormwater contaminate clean country. The Lower Columbia Estuary Partner- thousands of jobs and secures the future of water and habitat and cause cancer and neu- ship is leading outstanding resiliency efforts in our coastal communities. rological damage to humans and river spe- the Pacific Northwest to restore and protect NEPs engage local industries, businesses, cies. Changes in precipitation, temperature, habitat, improve water quality, restore flood and other community members to develop— and storminess increase sea levels, increase plains, and address marine debris. This bill will erosion, and intensify flood events, leaving and implement—solutions for tough prob- help the National Estuary Programs consider lems. NEP’s public-private partnerships many of our rural communities and much stretch federal dollars to provide on-the- our local infrastructure vulnerable to these the effects of extreme weather events that are ground results driven by diverse stake- variabilities. Micro plastics are pervasive in increasingly common in the climate crisis, and holders. NEP partners include commercial our rivers and streams; they are filling the implement appropriate adaptation strategies in agriculture and fisheries, energy and water bellies of ocean species and impair human their management plans. Additionally, this bill utilities, local businesses, construction and immune systems, disrupt hormones, and takes important steps to allow the NEPs to landscaping professionals, state and local cause cancer. Disparities in education and better address storm water runoff, coastal re- governments, academic institutions, teach- lack of opportunities for hands-on outdoor siliency, and accelerate land loss mitigation ef- learning exist for too many in our commu- ers, students, and community groups. forts. This past weekend, we celebrated World The value of our oceans, estuaries and nities. coasts to our nation is immense. Over half We thank you again for your efforts to ad- Wetlands Day. Our coastal wetlands and estu- the U.S. population lives in coastal water- vance this legislation and look forward to aries are often overlooked and undervalued, shed counties. Roughly half the nation’s working with you to reauthorize this suc- but they are on the frontlines of the climate gross domestic product is generated in those cessful program. crisis. We can help support and safeguard our counties and adjacent ocean waters. In 2019 Sincerely yours, National Estuary Programs by passing the alone, ocean industries contributed $320 bil- DEBRAH MARRIOTT, Protect and Restore America’s Estuaries Act. lion to U.S. economy. Executive Director. The SPEAKER pro tempore. The RESULTS ON THE GROUND Mr. MALINOWSKI. Mr. Speaker, I question is on the motion offered by NEPs are focused on results on the ground urge my colleagues to support the leg- the gentleman from New Jersey (Mr. and have had great success in protecting and islation, and I yield back the balance of MALINOWSKI) that the House suspend restoring estuaries and coastal communities: my time. the rules and pass the bill, H.R. 4044, as In the lower Columbia River since 2000, we Mr. VELA. Mr. Speaker, I rise today to sup- amended. have: port H.R. 4044. I want to thank Mr. Restored 28,387 acres of habitat with 100 The question was taken. MALINOWSKI and Chairwoman NAPOLITANO for partners to help recover threatened and en- The SPEAKER pro tempore. In the dangered fish. their leadership in crafting this legislation and opinion of the Chair, two-thirds being Provided 81,485 students with over 407,704 bringing it to the floor today for consideration in the affirmative, the ayes have it. hours of outdoor science learning, helping by the full House of Representatives. It is vital Mr. MALINOWSKI. Mr. Speaker, on teachers meet benchmarks, and fill in gaps that we, as a nation, focus on preserving and that I demand the yeas and nays. in science education. restoring our estuaries. The yeas and nays were ordered. Planted 144,721 native trees along riparian I am especially pleased that the bill almost The SPEAKER pro tempore. Pursu- corridors with students and volunteers of all doubles the amount of funding available to ant to clause 8 of rule XX, further pro- ages. support national estuaries. This should finally Raised more than $76 million—100% of ceedings on this motion will be post- those funds stay in Oregon and Washington allow the Environmental Protection Agency poned. addressing local priorities. These are monies (EPA) to move forward with adding more of f local entities cannot access on their own and these critical ecosystems to the National Estu- we can’t raise without the NEP funds. ary Program. SAN FRANCISCO BAY Leverage $11.5 million in federal NEP funds As one of only five or six hypersaline la- RESTORATION ACT to bring a total of $76 million to our region, goons in the world and the only one in the na- Mrs. NAPOLITANO. Mr. Speaker, I 100% spent in Oregon and Washington. tion, the Laguna Madre has unique conserva- move to suspend the rules and pass the Generated 1,524 family wage jobs, mostly tion requirements. Adjacent to the longest bar- bill (H.R. 1132) to amend the Federal in construction, restoring habitat, that cannot be exported. rier island in the world, Padre Island, the La- Water Pollution Control Act to estab- These results are repeated around the na- guna Madre is home to five species of endan- lish a grant program to support the tion in each of the 28 national estuary pro- gered sea turtle and a critical migratory bird restoration of San Francisco Bay, as grams: habitat for dozens of endangered or threat- amended. Morro Bay National Estuary Program is ened bird species. The EPA previously des- The Clerk read the title of the bill. restoring underwater eelgrass meadows after ignated the Upper Laguna Madre as a national The text of the bill is as follows: a precipitous decline in the last decade. estuary, and with this additional funding, we H.R. 1132 Promising restoration results show that col- can now move forward with adding the Lower laborative research, community outreach, Be it enacted by the Senate and House of Rep- and adaptive management make a difference Laguna Madre to the existing designation. resentatives of the United States of America in for healthy estuary habitats on the Califor- Having grown up in Brownsville, Texas, Congress assembled, nia’s Central Coast. Chairwoman Napolitano knows the beauty and SECTION 1. SHORT TITLE. All three California National Estuary Pro- importance of this national treasure. On behalf This Act may be cited as the ‘‘San Fran- grams are partnering to improve the status of my constituents, I want to express the grati- cisco Bay Restoration Act’’.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.009 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H786 CONGRESSIONAL RECORD — HOUSE February 5, 2020 SEC. 2. SAN FRANCISCO BAY RESTORATION ‘‘(C) the San Francisco Bay Restoration volved in San Francisco Bay protection and GRANT PROGRAM. Authority; and restoration, including specific projects, ac- Title I of the Federal Water Pollution Con- ‘‘(D) any other relevant stakeholder in- tivities, and studies conducted or planned to trol Act (33 U.S.C. 1251 et seq.) is amended by volved with the protection and restoration of achieve the identified goals and objectives of adding at the end the following: the San Francisco Bay estuary that the Di- the San Francisco Bay Plan.’’. ‘‘SEC. 124. SAN FRANCISCO BAY RESTORATION rector determines to be appropriate. GRANT PROGRAM. ‘‘(d) SAN FRANCISCO BAY PLAN.— The SPEAKER pro tempore. Pursu- ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) IN GENERAL.—Not later than 5 years ant to the rule, the gentlewoman from after the date of enactment of this section, ‘‘(1) ESTUARY PARTNERSHIP.—The term ‘Es- California (Mrs. NAPOLITANO) and the tuary Partnership’ means the San Francisco the Director, in conjunction with the Estu- gentleman from Florida (Mr. MAST) Estuary Partnership, designated as the man- ary Partnership, shall review and revise the agement conference for the San Francisco comprehensive conservation and manage- each will control 20 minutes. Bay under section 320. ment plan approved under section 320 for the San Francisco Bay estuary to develop a plan The Chair recognizes the gentle- ‘‘(2) SAN FRANCISCO BAY PLAN.—The term woman from California. ‘San Francisco Bay Plan’ means— to guide the projects, activities, and studies of the Office to address the restoration and ‘‘(A) until the date of the completion of the GENERAL LEAVE plan developed by the Director under sub- protection of the San Francisco Bay. section (d), the comprehensive conservation ‘‘(2) REVISION OF SAN FRANCISCO BAY Mrs. NAPOLITANO. Mr. Speaker, I and management plan approved under sec- PLAN.—Not less often than once every 5 years ask unanimous consent that all Mem- tion 320 for the San Francisco Bay estuary; after the date of the completion of the plan described in paragraph (1), the Director shall bers have 5 legislative days within and which to revise and extend their re- ‘‘(B) on and after the date of the comple- review, and revise as appropriate, the San tion of the plan developed by the Director Francisco Bay Plan. marks and include extraneous material under subsection (d), the plan developed by ‘‘(3) OUTREACH.—In carrying out this sub- on H.R. 1132, as amended. the Director under subsection (d). section, the Director shall consult with the Estuary Partnership and Indian tribes and The SPEAKER pro tempore. Is there ‘‘(b) PROGRAM OFFICE.— solicit input from other non-Federal stake- objection to the request of the gentle- ‘‘(1) ESTABLISHMENT.—The Administrator holders. shall establish in the Environmental Protec- woman from California? ‘‘(e) GRANT PROGRAM.— tion Agency a San Francisco Bay Program ‘‘(1) IN GENERAL.—The Director may pro- There was no objection. Office. The Office shall be located at the vide funding through cooperative agree- Mrs. NAPOLITANO. Mr. Speaker, I headquarters of Region 9 of the Environ- ments, grants, or other means to State and mental Protection Agency. local agencies, special districts, and public yield myself such time as I may con- ‘‘(2) APPOINTMENT OF DIRECTOR.—The Ad- or nonprofit agencies, institutions, and orga- sume. ministrator shall appoint a Director of the nizations, including the Estuary Partner- Mr. Speaker, I rise in support of H.R. Office, who shall have management experi- ship, for projects, activities, and studies ence and technical expertise relating to the identified on the annual priority list com- 1132. Introduced by the gentlewoman San Francisco Bay and be highly qualified to piled under subsection (c). from California (Ms. SPEIER), H.R. 1132 direct the development and implementation ‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FED- builds off existing bay restoration of projects, activities, and studies necessary ERAL SHARE.— to implement the San Francisco Bay Plan. work under EPA’s National Estuary ‘‘(A) MAXIMUM AMOUNT OF GRANTS.— ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— Amounts provided to any entity under this Program. The Administrator shall delegate to the Di- section for a fiscal year shall not exceed an In my home State of California, the rector such authority and provide such staff amount equal to 75 percent of the total cost as may be necessary to carry out this sec- importance of a healthy watershed and of any projects, activities, and studies that improved water quality has never been tion. are to be carried out using those amounts. ‘‘(c) ANNUAL PRIORITY LIST.— ‘‘(B) NON-FEDERAL SHARE.—Not less than 25 more apparent. In fact, the San Fran- ‘‘(1) IN GENERAL.—After providing public percent of the cost of any project, activity, cisco Bay estuary drains more than 40 notice, the Director shall annually compile a or study carried out using amounts provided percent of our State’s waters. priority list, consistent with the San Fran- under this section shall be provided from cisco Bay Plan, identifying and prioritizing non-Federal sources. That is why I am thankful to see sev- the projects, activities, and studies to be car- ‘‘(f) FUNDING.— eral of my colleagues from California ried out with amounts made available under ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— subsection (e). as original cosponsors, including mem- There is authorized to be appropriated to bers of this committee: Mr. ‘‘(2) INCLUSIONS.—The annual priority list carry out this section $25,000,000 for each of compiled under paragraph (1) shall include fiscal years 2021 through 2025. GARAMENDI, Mr. HUFFMAN, and Mr. the following: ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the DESAULNIER. ‘‘(A) Projects, activities, and studies, in- amount made available to carry out this sec- At our June hearing, the sub- cluding restoration projects and habitat im- tion for a fiscal year, the Director may not provement for fish, waterfowl, and wildlife, use more than 5 percent to pay administra- committee learned about the ongoing that advance the goals and objectives of the tive expenses incurred in carrying out this sources of pollution to this 1,600- San Francisco Bay Plan, for— section. square-mile estuary. Simultaneously, ‘‘(i) water quality improvement, including ‘‘(3) PROHIBITION.—No amounts made avail- habitat destruction has forever the reduction of marine litter; able under this section may be used for the ‘‘(ii) wetland, riverine, and estuary res- administration of a management conference changed the geography of the bay area. toration and protection; under section 320. More than 90 percent of shoreline wet- ‘‘(iii) nearshore and endangered species re- ‘‘(g) ANNUAL BUDGET PLAN.—In each of fis- lands and 40 percent of the total aquat- covery; and cal years 2021 through 2025, the President, as ic ecosystem have been lost. ‘‘(iv) adaptation to climate change. part of the annual budget submission of the ‘‘(B) Information on the projects, activi- President to Congress under section 1105(a) This new EPA program office will ties, and studies specified under subpara- of title 31, United States Code, shall submit concentrate Federal efforts to address graph (A), including— information regarding each Federal depart- water quality challenges and eco- ‘‘(i) the identity of each entity receiving ment and agency involved in San Francisco assistance pursuant to subsection (e); and Bay protection and restoration, including— system health in the bay. This will im- ‘‘(ii) a description of the communities to ‘‘(1) a report that displays for each Federal prove the environment and economy be served. agency— for the bay area region that is home to ‘‘(C) The criteria and methods established ‘‘(A) the amounts obligated in the pre- 8 million people and an annual GDP of by the Director for identification of projects, ceding fiscal year for protection and restora- activities, and studies to be included on the tion projects, activities, and studies relating $775 billion. annual priority list. to the San Francisco Bay; and Mr. Speaker, I support H.R. 1132, and ‘‘(3) CONSULTATION.—In compiling the an- ‘‘(B) the proposed budget for protection I urge my colleagues to do the same. nual priority list under paragraph (1), the Di- and restoration projects, activities, and rector shall consult with, and consider the studies relating to the San Francisco Bay; Mr. Speaker, I include in the RECORD recommendations of— and letters in support of H.R. 1132, the San ‘‘(A) the Estuary Partnership; ‘‘(2) a description and assessment of the Francisco Bay Restoration Act, from ‘‘(B) the State of California and affected Federal role in the implementation of the local governments in the San Francisco Bay San Francisco Bay Plan and the specific role the National Audubon Society and estuary watershed; of each Federal department and agency in- Save the Bay.

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AUDUBON, globally significant populations of both Over the last 150 years, the water quality September 18, 2019. Saltmarsh Sparrow and Black Rail. and health of the San Francisco Bay estuary Hon. PETER DEFAZIO, HR 1620 would increase the authorization have been diminished by pollution, invasive Chairman, Committee on Transportation and of appropriations for the Chesapeake Bay species, loss of wetland habitat and other Infrastructure, Washington, DC. Program to more than $90m per year. factors. Improving bay water quality, restor- Hon. SAM GRAVES, HR 2247—PROMOTING UNITED GOVERNMENT ing critical habitat, and adapting to climate Ranking Member, Committee on Transportation EFFORTS TO SAVE OUR SOUND ACT change in San Francisco Bay, are urgent fed- and Infrastructure, Washington, DC. Despite significant investments in Puget eral, state and regional priorities that re- Hon. GRACE NAPOLITANO, Sound ecosystem health by state, federal, quire additional funding. The Bay region is Chairwoman, Subcommittee on Water Resources tribal and local governments, concerned fortunate to have in place well-developed and Environment, Washington, DC. members of the public, and conservation or- science-based plans, agencies, and collabo- Hon. BRUCE WESTERMAN, ganizations, progress towards ecosystem re- rative structures to improve the Bay’s Ranking Member, Subcommittee on Water Re- covery targets remains slow. The number of health, but more resources for implementa- sources and Environment, Washington, DC. marine birds wintering in Puget Sound has tion are essential in the crucial decade On behalf of the National Audubon Soci- declined significantly in the last 30 years and ahead. The San Francisco Bay Restoration ety’s more than 1 million members, our mis- migratory, fisheating birds appear to be at Act would provide significant additional casion is to protect birds and the places they the greatest risk. pacity to improve the Bay, building effi- need for today and tomorrow. We write to HR 2247 would authorize up to $50 million ciently on elements already in place to im- offer our support for the following bills rein funding for Puget Sound recovery. The prove our economy and the region’s quality lated to important coastal and water con- PUGET SOS Act also aligns federal agency of life. servation issues that will be the subject of expertise and resources, ensuring that fed- In 2016, San Francisco Bay Area voters the September 19, 2019 Markup before the eral agencies are coordinated, setting goals, agreed to make an unprecedented invest- Committee on Transportation and Infra- and holding each other accountable will help ment in San Francisco Bay Restoration, ap- structure Committee. increase their effectiveness and provide a proving a nine-county parcel tax specifically boost to Puget Sound recovery. to accelerate Bay tidal marsh restoration. HR 4031—GREAT LAKES RESTORATION INITIATIVE Measure AA was approved by more than 70 HR 3779—RESILIENCE REVOLVING LOAN FUND ACT ACT OF 2019 percent of the region’s voters, and is raising The Great Lakes are home to 30 million OF 2019 $500 million over 20 years for grants to res- people and 350 species of birds, but increasing Pre-disaster planning can help commu- toration projects, most of which are occur- challenges are on the horizon for the world’s nities adapt to the changing flood patterns ring on federal property with the San Fran- largest body of freshwater. Fluctuating that threaten people and birds species de- cisco Bay National Wildlife Refuge. Match- water levels exacerbated by climate change, pendent on shoreline and riverine areas. ing federal investment for this and other res- invasive exotic species and excess nutrients These changes have led to more frequent in- toration work is overdue, and HR 1132 would are putting even more stress on this eco- stances of ‘‘nuisance flooding,’’ as well as begin to address that need by authorizing $25 system that is so important for birds and catastrophic events. NOAA has found that million annually for those purposes. people. The Great Lakes Restoration Initia- ‘‘nuisance’’ or ‘‘sunny day’’ flooding is up HR 1132 also would address the inequity in tive has helped clean up toxic pollutants, 300% to 900% than it was 50 years ago. In ad- funding for U.S. EPA Geographic Programs, protect wildlife by restoring critical habitat, dition, catastrophic flooding events have in- which are annually providing orders of mag- and help combat devastating invasive spe- creased in both frequency and intensity. nitude higher funding to other national estu- cies. These trends have been particularly pro- aries under strong statutory authority with- HR 4031 would increase funding for con- nounced in the Northeast, Midwest and in the Clean Water Act. San Francisco Bay servation projects to $475 million over five upper Great Plains, where the amount of pre- deserves similar support and commitment as years, by increasing the Great Lakes Res- cipitation in large rainfall events has in- the federal government currently provides to toration Initiative’s authorization incremen- creased more than 30 percent above the aver- Chesapeake Bay, Puget Sound and other lo- tally from $300 million per year to $475 mil- age observed from 1901–1960. As sea level rise cations, and HR 1132 begins to rectify that lion per year. accelerates, it only exacerbates these im- disparity. Each month provides evidence of added ur- HR 1132—SAN FRANCISCO BAY RESTORATION ACT pacts, which further compounds vulnerability in flood-prone communities. gency and need for the San Francisco Bay The San Francisco Bay Area, home to the HR 3779 would amend the 1988 Stafford Act Program and resources that HR 1132 creates. Pacific Coast’s largest estuary, is also home to offer low-interest loans to states for ‘‘dis- Tidal marsh restoration is essential to pro- to a rapidly growing population of 8 million aster mitigation projects’’, including invest- tect Bay wildlife habitat, and adjacent people, and provides for a host of social and ments in natural infrastructure projects, shoreline communities and infrastructure economic values through ports and industry, which would help communities prepare and from sea level rise. The recent Baylands agriculture, fisheries, archaeological and recover from natural disasters. Habitat Goals Update underscored that tidal cultural sites, recreation, and research. How- We urge you to support and advance the marsh revegetation must be initiated wherever, San Francisco Bay has lost 90% of its bills listed above. Please feel free to contact ever possible within the next decade to stay tidal wetlands and more than 50% of its us with any questions. ahead of rising seas, and the recent Cali- eelgrass and mudflat habitat. Climate Sincerely, fornia Legislative Analyst’s Office report change exacerbates these conditions through JULIE HILL-GABRIEL, further underscores the urgency of adapta- drought that alters the salinity balance, Vice President, Water Conservation, tion and resilience actions. And as California ocean acidification that reduces species National Audubon Society. Governor Gavin Newsom stated in January, abundance and diversity, increasing water ‘‘We are experiencing a global climate crisis. temperatures, and rising seas causing flood- SAVE THE BAY, One that has irreversible impacts and is hap- ing that eliminates living shorelines and February 3, 2020. pening right now. This is not something to puts communities at risk. Many species of Hon. JACKIE SPEIER, deal with 10 years from now. Or 5 years from waterbirds forage in the San Francisco Bay, House of Representatives, now. Or 2 years from now. we need action. including Brant Geese and Surf Scoters, un- Washington, DC. Now.’’ derscoring the value of this ecosystem. HR 1132: SUPPORT We deeply appreciate the strong support HR 1132 would authorize a San Francisco DEAR REPRESENTATIVE SPEIER: Save The from Speaker Pelosi and the entire San Bay Restoration Grant Program in EPA and Bay applauds your introduction of HR 1132, Francisco Bay delegation for HR 1132. We en- funding of up to $25m per year to support the the San Francisco Bay Restoration Act, and courage the House of Representatives pass restoration of this estuary. encourages all Members of Congress to vote this bill swiftly, and we pledge our continued HR 1620—CHESAPEAKE BAY PROGRAM for its passage on the House Floor this week. assistance toward its enactment. Thank you REAUTHORIZATION ACT This initiative will enhance the U.S. Envi- again for your leadership! Salt marshes are special places to birds ronmental Protection Agency’s efforts ca- Sincerely, and other wildlife, but sea level rise has ele- pacity to improve the health of San Fran- DAVID LEWIS, vated the waters in the Chesapeake Bay by cisco Bay, with resources that are des- Executive Director. one foot during the 20th century and is accel- perately needed at a time of accelerating cli- Mrs. NAPOLITANO. Mr. Speaker, I erating due to climate change. Salt marshes mate change. reserve the balance of my time. provide valuable ‘‘ecosystem services’’, in- Save The Bay is the oldest and largest Mr. MAST. Mr. Speaker, I yield my- cluding nurseries for the Chesapeake Bay’s membership organization working exclu- self such time as I may consume. commercially important fish, a buffer pro- sively to protect and restore San Francisco Mr. Speaker, I also rise in support of tecting coastal communities against storm Bay, with 50,000 members and supporters. As H.R. 1132. It represents good govern- surge, a filter that stops nutrient and sedi- the Bay’s leading champion since 1961, Save ment pollution from entering the Bay, and a The Bay is committed to making the Bay ance by codifying the EPA’s existing recreational resource attracting visitors who cleaner and healthier for people and wildlife, work in the San Francisco Bay Area. contribute millions of dollars to local econo- and HR 1132 would significantly advance that The bay area watershed provides a pri- mies. Chesapeake Bay’s salt marshes host goal. mary source of drinking water for over

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.012 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H788 CONGRESSIONAL RECORD — HOUSE February 5, 2020 25 million people and irrigation for b 1315 rules were suspended and the bill, as 7,000 square miles of agriculture. It in- Mrs. NAPOLITANO. Mr. Speaker, I amended, was passed. cludes important economic resources, yield such time as he may consume to A motion to reconsider was laid on such as water supply infrastructure, the gentleman from California (Mr. the table. ports, deepwater shipping channels, HUFFMAN). f major highway and railway corridors, Mr. HUFFMAN. Mr. Speaker, I thank PROMOTING UNITED GOVERNMENT and energy lines. the gentlewoman for yielding me time, Mr. Speaker, I urge support of this EFFORTS TO SAVE OUR SOUND and I commend my colleague, JACKIE ACT legislation, and I reserve the balance of SPEIER, for her leadership on this issue. my time. And thanks also to the ranking mem- Mrs. NAPOLITANO. Mr. Speaker, I Mrs. NAPOLITANO. Mr. Speaker, I ber for recognizing the importance, the move to suspend the rules and pass the yield such time as she may consume to critical national importance, of the bill (H.R. 2247) to amend the Federal the gentlewoman from California (Ms. San Francisco Bay Estuary. Water Pollution Control Act to provide SPEIER). I have the fortune of representing a assistance for programs and activities Ms. SPEIER. Mr. Speaker, today, we beautiful district that starts at the Or- to protect the water quality of Puget are taking up the San Francisco Bay egon border but goes all the way down Sound, and for other purposes, as Restoration Act. This is legislation I to the Golden Gate Bridge. That means amended. have introduced every year since 2010. I represent a good portion of San Fran- The Clerk read the title of the bill. Since then, the environmental condi- cisco Bay, the North Bay, where we un- The text of the bill is as follows: tions of the bay have only grown worse. derstand all too well how much we H.R. 2247 The bay is the heart of the region, have lost—90 percent of the Bay’s wet- Be it enacted by the Senate and House of Rep- with a vibrant ecosystem that is home lands have been destroyed. resentatives of the United States of America in to the largest estuary on the West Starting a century and-a-half ago, Congress assembled, Coast. It generates more than $370 bil- there has been incredible degradation SECTION 1. SHORT TITLE. lion in goods and services annually and of this vital estuary beginning with the This Act may be cited as the ‘‘Promoting 1 is home to more than 3 ⁄2 million jobs. Gold Rush, continuing to massive United Government Efforts to Save Our Forty percent of the land in Cali- water diversions and pollution inputs, Sound Act’’ or the ‘‘PUGET SOS Act’’. fornia drains to the estuary, as my col- the diking of wetlands, and so on. But SEC. 2. PUGET SOUND COORDINATED RECOVERY. leagues have mentioned. It also is despite all of that degradation, San Title I of the Federal Water Pollution Con- home to more than 100 endangered and Francisco Bay continues to play a vital trol Act (33 U.S.C. 1251 et seq.) is amended by threatened species. The region’s tidal role ecologically in our region and an adding at the end the following: and seasonal wetlands comprise a sig- even greater role economically. ‘‘SEC. 124. PUGET SOUND. nificant portion of America’s coastal We have hundreds of billions of dol- ‘‘(a) DEFINITIONS.—In this section, the fol- resources, yet over the past 200 years, lars in economic activity every year as lowing definitions apply: ‘‘(1) COASTAL NONPOINT POLLUTION CONTROL 90 percent of the bay’s wetlands have a product of San Francisco Bay—out- been destroyed by human activity. PROGRAM.—The term ‘Coastal Nonpoint Pol- door recreation, commercial and rec- lution Control Program’ means the State of Increased pollution from cars, homes, reational fishing, travel and tourism. and communities in San Francisco Washington’s Coastal Nonpoint Pollution And we also see the very real benefits Control Program approved by the Secretary have absorbed into various creeks, riv- in the San Francisco Bay area of coast- of Commerce as required under section 6217 ers, and streams that flow into the bay al resiliency, using natural systems as of the Coastal Zone Act Reauthorization and the Pacific Ocean. By 2030, the ex- a buffer against rising sea levels. Amendments of 1990. pected sea-level rise in the bay area The citizens of the nine-county Bay ‘‘(2) DIRECTOR.—The term ‘Director’ means will exceed the rate at which the area have stepped up. We recognize the the Director of the Program Office. ‘‘(3) FEDERAL ACTION PLAN.—The term ‘Fed- marshes can elevate and move, effec- national importance of this resource, tively drowning them. eral Action Plan’ means the plan developed and we have supported a ballot meas- under subsection (d)(2)(B). Despite the impending threats, Fed- ure to support climate adaption and eral efforts for bay restoration and pol- ‘‘(4) INTERNATIONAL JOINT COMMISSION.— restoration funding. And now it is time The term ‘International Joint Commission’ lution mitigation systems have failed for the Federal Government to do its means the International Joint Commission to meet the enormous need. Between part. That is why I am so pleased to established by the United States and Canada 2008 and 2016, EPA’s geographic pro- support Congresswoman SPEIER’s bill, under the International Boundary Waters grams invested only $45 million into the San Francisco Bay Restoration Treaty of 1909 (36 Stat. 2448). the San Francisco Bay, while Puget Act, to provide the much-needed Fed- ‘‘(5) PACIFIC SALMON COMMISSION.—The term ‘Pacific Salmon Commission’ means Sound received over $260 million and eral partnership to help improve water Chesapeake Bay $490 million. That is 10 the Pacific Salmon Commission established quality in this important estuary to re- by the United States and Canada under the times as much, and the disparity be- vive the Bay’s wetlands and to protect comes even more pronounced when you Treaty between the Government of the our coastal communities and our econ- United States of America and the Govern- consider the populations served. A omy. ment of Canada Concerning Pacific Salmon, mere $6 was spent on the bay for each Mr. Speaker, I thank the gentle- signed at Ottawa, January 28, 1985 (com- resident of the bay area, while almost woman for the time. monly known as the ‘Pacific Salmon Trea- $30 was spent for each resident living Mrs. NAPOLITANO. Mr. Speaker, I ty’). near Chesapeake Bay and almost $60 am prepared to close, and I reserve the ‘‘(6) PROGRAM OFFICE.—The term ‘Program per resident near Puget Sound. balance of my time. Office’ means the Puget Sound Recovery Na- In the most recent round of appro- Mr. MAST. Mr. Speaker, I yield my- tional Program Office established by subsection (c). priations in early 2018, the San Fran- self such time as I may consume. ‘‘(7) PUGET SOUND ACTION AGENDA; ACTION cisco Bay’s appropriations remained at Mr. Speaker, I urge support of this $4.8 million while smaller geographic AGENDA.—The term ‘Puget Sound Action important legislation, and I yield back Agenda’ or ‘Action Agenda’ means the most programs received substantially more, the balance of my time. recent plan developed by the Puget Sound including Lake Champlain with $8.3 Mrs. NAPOLITANO. Mr. Speaker, I National Estuary Program Management million and Long Island Sound with $12 do urge all my colleagues to support Conference, in consultation with the Puget million. this legislation, and I yield back the Sound Tribal Management Conference, and The San Francisco Bay Restoration balance of my time. approved by the Administrator as the com- Act will authorize $25 million annually The SPEAKER pro tempore (Mr. prehensive conservation and management for 5 years to fund water quality im- HECK). The question is on the motion plan for Puget Sound under section 320. provement efforts, wetland and estuary offered by the gentlewoman from Cali- ‘‘(8) PUGET SOUND FEDERAL LEADERSHIP restoration, endangered species recov- TASK FORCE.—The term ‘Puget Sound Federal fornia (Mrs. NAPOLITANO) that the Leadership Task Force’ means the Puget ery, and adaption to climate change. House suspend the rules and pass the Sound Federal Leadership Task Force estab- We are just asking for our fair share of bill, H.R. 1132, as amended. lished under subsection (d). the dollars set aside for estuary res- The question was taken; and (two- ‘‘(9) PUGET SOUND FEDERAL TASK FORCE.— toration. thirds being in the affirmative) the The term ‘Puget Sound Federal Task Force’

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means the Puget Sound Federal Task Force ‘‘(4) granting Federal assistance to State, ‘‘(d) PUGET SOUND FEDERAL LEADERSHIP established in 2016 under a memorandum of local, and Tribal governments for activities TASK FORCE.— understanding among 9 Federal agencies. related to the restoration and protection of ‘‘(1) ESTABLISHMENT.—There is established ‘‘(10) PUGET SOUND NATIONAL ESTUARY PRO- Puget Sound. a Puget Sound Federal Leadership Task GRAM MANAGEMENT CONFERENCE; MANAGE- ‘‘(c) PUGET SOUND RECOVERY NATIONAL Force. MENT CONFERENCE.—The term ‘Puget Sound PROGRAM OFFICE.— ‘‘(2) DUTIES.— National Estuary Program Management ‘‘(1) ESTABLISHMENT.—There is established ‘‘(A) GENERAL DUTIES.—The Puget Sound Conference’ or ‘Management Conference’ in the Environmental Protection Agency a Federal Leadership Task Force shall— means the management conference for Puget Puget Sound Recovery National Program Of- ‘‘(i) uphold Federal trust responsibilities to Sound convened pursuant to section 320. fice to be located in the State of Washington. restore and protect resources crucial to Trib- ‘‘(11) PUGET SOUND PARTNERSHIP.—The ‘‘(2) DIRECTOR.— al treaty rights, including by carrying out term ‘Puget Sound Partnership’ means the ‘‘(A) IN GENERAL.—The Director of the Pro- government-to-government consultation State agency that is established under the gram Office shall be a career reserved posi- with Indian tribes when requested by such laws of the State of Washington (section tion, as such term is defined in section tribes; 90.71.210 of the Revised Code of Washington), 3132(a)(8) of title 5, United States Code. ‘‘(ii) provide a venue for dialogue and co- or its successor agency, that has been des- ‘‘(B) QUALIFICATIONS.—The Director of the ignated by the Administrator as the lead en- ordination across all Federal agencies on the Program Office shall have leadership and tity to support the Puget Sound National Es- Puget Sound Federal Leadership Task Force project management experience and shall be tuary Program Management Conference. to align Federal resources for the purposes of highly qualified to— ‘‘(12) PUGET SOUND REGION.— carrying out the requirements of this section ‘‘(i) direct the integration of multiple ‘‘(A) IN GENERAL.—The term ‘Puget Sound and all other Federal laws that contribute to project planning efforts and programs from region’ means the land and waters in the the restoration and protection of Puget different agencies and jurisdictions; and northwest corner of the State of Washington Sound, including by— ‘‘(ii) align numerous, and often conflicting, from the Canadian border to the north to the ‘‘(I) enabling and encouraging the Federal needs toward implementing a shared Action Pacific Ocean on the west, including Hood agencies represented on the Puget Sound Canal and the Strait of Juan de Fuca. Agenda with visible and measurable out- Federal Leadership Task Force to act con- comes. ‘‘(B) INCLUSION.—The term ‘Puget Sound sistently with the objectives and priorities of region’ includes all of the water that falls on ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— the Action Agenda, Salmon Recovery Plans, the Olympic and Cascade Mountains and Using amounts made available pursuant to the Treaty Rights at Risk Initiative, and the flows to meet Puget Sound’s marine waters. subsection (i), the Administrator shall dele- Coastal Nonpoint Pollution Control Pro- gate to the Director such authority and pro- ‘‘(13) PUGET SOUND TRIBAL MANAGEMENT gram; vide such staff as may be necessary to carry CONFERENCE.—The term ‘Puget Sound Tribal ‘‘(II) facilitating the coordination of Fed- Management Conference’ means the 20 trea- out this section. eral activities that impact the restoration ty Indian tribes of western Washington and ‘‘(4) DUTIES.—The Director shall— and protection of Puget Sound; the Northwest Indian Fisheries Commission. ‘‘(A) coordinate and manage the timely ‘‘(III) facilitating the delivery of feedback execution of the requirements of this sec- ‘‘(14) SALISH SEA.—The term ‘Salish Sea’ given by Federal agencies to the Puget means the network of coastal waterways on tion, including the formation and meetings Sound Partnership during the development the west coast of North America that in- of the Puget Sound Federal Leadership Task of the Action Agenda; cludes the Puget Sound, the Strait of Geor- Force; ‘‘(IV) facilitating the resolution of inter- gia, and the Strait of Juan de Fuca. ‘‘(B) coordinate activities related to the agency conflicts associated with the restora- restoration and protection of Puget Sound ‘‘(15) SALMON RECOVERY PLANS.—The term tion and protection of Puget Sound among ‘Salmon Recovery Plans’ means the recovery across the Environmental Protection Agen- the agencies represented on the Puget Sound cy; plans for salmon and steelhead species ap- Federal Leadership Task Force; ‘‘(C) coordinate and align the activities of proved by the Secretary of the Interior under ‘‘(V) providing a forum for exchanging in- the Administrator with the Action Agenda, section 4(f) of the Endangered Species Act of formation among agencies regarding activi- Salmon Recovery Plans, the Treaty Rights 1973. ties being conducted, including obstacles or at Risk Initiative, and the Coastal Nonpoint ‘‘(16) STATE ADVISORY COMMITTEE.—The efficiencies found, during Puget Sound res- Pollution Control Program; term ‘State Advisory Committee’ means the toration and protection activities; and ‘‘(D) promote the efficient use of Environ- advisory committee established by sub- ‘‘(VI) promoting the efficient use of gov- mental Protection Agency resources in pur- section (e). ernment resources in pursuit of Puget Sound suit of Puget Sound restoration and protec- ‘‘(17) TREATY RIGHTS AT RISK INITIATIVE.— restoration and protection through coordination; The term ‘Treaty Rights at Risk Initiative’ tion and collaboration, including by ensuring means the report from the treaty Indian ‘‘(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, that the Federal efforts relating to the tribes of western Washington entitled ‘Trea- science necessary for restoration and protec- ty Rights at Risk: Ongoing Habitat Loss, the help coordinate, and implement activities with other Federal agencies that have re- tion of Puget Sound are consistent, and not Decline of the Salmon Resource, and Rec- duplicative, across the Federal Government; ommendations for Change’ and dated July 14, sponsibilities involving Puget Sound restoration and protection; ‘‘(iii) catalyze public leaders at all levels 2011, or its successor report, which outlines to work together toward shared goals by issues and offers solutions for the protection ‘‘(F) provide or procure such other advice, technical assistance, research, assessments, demonstrating interagency best practices of Tribal treaty rights, recovery of salmon coming from the members of the Puget habitat, and management of sustainable monitoring, or other support as is determined by the Director to be necessary or Sound Federal Leadership Task Force; treaty and nontreaty salmon fisheries, in- ‘‘(iv) provide advice and support on sci- cluding through tribal salmon hatchery pro- prudent to most efficiently and effectively fulfill the objectives and priorities of the Ac- entific and technical issues and act as a grams. forum for the exchange of scientific informa- ‘‘(b) CONSISTENCY.—All Federal agencies tion Agenda, Salmon Recovery Plans, the tion about Puget Sound; represented on the Puget Sound Federal Treaty Rights at Risk Initiative, and the ‘‘(v) identify and inventory Federal envi- Leadership Task Force shall act consistently Coastal Nonpoint Pollution Control Program ronmental research and monitoring pro- with the protection of Tribal, treaty-re- consistent with the best available science served rights and, to the greatest extent and to ensure the health of the Puget Sound grams related to Puget Sound, and provide practicable given such agencies’ existing ob- ecosystem; such inventory to the Puget Sound National ligations under Federal law, act consistently ‘‘(G) track the progress of the Environ- Estuary Program Management Conference; with the objectives and priorities of the Ac- mental Protection Agency towards meeting ‘‘(vi) ensure that Puget Sound restoration tion Agenda, Salmon Recovery Plans, the the Agency’s specified objectives and prior- and protection activities are as consistent as Treaty Rights at Risk Initiative, and the ities within the Action Agenda and the Fed- practicable with ongoing restoration and Coastal Nonpoint Pollution Control Pro- eral Action Plan; protection and related efforts in the Salish gram, when— ‘‘(H) implement the recommendations of Sea that are being conducted by Canadian ‘‘(1) conducting Federal agency activities the Comptroller General, set forth in the re- authorities, the Pacific Salmon Commission, within or outside Puget Sound that affect port entitled ‘Puget Sound Restoration: Ad- and the International Joint Commission; any land or water use or natural resources of ditional Actions Could Improve Assessments ‘‘(vii) establish any necessary working Puget Sound and its tributary waters, in- of Progress’ and dated July 19, 2018; groups or advisory committees necessary to cluding activities performed by a contractor ‘‘(I) serve as liaison and coordinate activi- assist the Puget Sound Federal Leadership for the benefit of a Federal agency; ties for the restoration and protection of the Task Force in its duties, including public ‘‘(2) interpreting and enforcing regulations Salish Sea, with Canadian authorities, the policy and scientific issues; that impact the restoration and protection Pacific Salmon Commission, and the Inter- ‘‘(viii) raise national awareness of the sig- of Puget Sound; national Joint Commission; and nificance of Puget Sound; ‘‘(3) issuing Federal licenses or permits ‘‘(J) carry out such additional duties as the ‘‘(ix) work with the Office of Management that impact the restoration and protection Administrator determines necessary and ap- and Budget to give input on the crosscut of Puget Sound; and propriate. budget under subsection (h); and

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‘‘(x) submit a biennial report under sub- ‘‘(B) COMPOSITION.—The Puget Sound Fed- ‘‘(C) WORKING GROUP MEETINGS.—Meetings section (g) on the progress made toward car- eral Leadership Task Force shall be com- of any established working groups or com- rying out the Federal Action Plan. posed of the following members: mittees of the Puget Sound Federal Leader- ‘‘(B) PUGET SOUND FEDERAL ACTION PLAN.— ‘‘(i) SECRETARY OF AGRICULTURE.—The fol- ship Task Force shall not be considered a bi- ‘‘(i) IN GENERAL.—Not later than 5 years lowing individuals appointed by the Sec- annual meeting for purposes of subparagraph after the date of enactment of this section, retary of Agriculture: (B). the Puget Sound Federal Leadership Task ‘‘(I) A representative of the National For- ‘‘(D) JOINT MEETINGS.—The Puget Sound Force shall develop and approve a Federal est Service. Federal Leadership Task Force shall offer to Action Plan that leverages Federal programs ‘‘(II) A representative of the Natural Re- meet jointly with the Puget Sound National across agencies and serves to coordinate di- sources Conservation Service. Estuary Program Management Conference verse programs on a specific suite of prior- ‘‘(ii) SECRETARY OF COMMERCE.—A rep- and the Puget Sound Tribal Management ities on Puget Sound recovery. resentative of the National Oceanic and At- Conference, at a minimum, once per year. A ‘‘(ii) REVISION OF PUGET SOUND FEDERAL AC- mospheric Administration appointed by the joint meeting under this subparagraph may TION PLAN.—Not less often than once every 5 Secretary of Commerce. be considered a biannual meeting of the years after the date of completion of the ‘‘(iii) SECRETARY OF DEFENSE.—The fol- Puget Sound Federal Leadership Task Force Federal Action Plan described in clause (i), lowing individuals appointed by the Sec- for purposes of subparagraph (B), if agreed the Puget Sound Federal Leadership Task retary of Defense: upon. Force shall review, and revise as appropriate, ‘‘(I) A representative of the Corps of Engi- ‘‘(E) QUORUM.—A majority number of the neers. members of the Puget Sound Federal Leader- the Federal Action Plan. ‘‘(II) A representative of the Joint Base ship Task Force shall constitute a quorum. ‘‘(C) FEEDBACK BY FEDERAL AGENCIES.—In Lewis-McChord. ‘‘(F) VOTING.—For the Puget Sound Fed- facilitating feedback under subparagraph ‘‘(III) A representative of the Navy Region eral Leadership Task Force to pass a meas- (A)(ii)(III), the Puget Sound Federal Leader- Northwest. ure, a two-thirds percentage of the quorum ship Task Force shall request Federal agen- ‘‘(iv) DIRECTOR.—The Director of the Pro- must vote in the affirmative. cies to consider, at a minimum, possible Fed- gram Office. ‘‘(8) PUGET SOUND FEDERAL LEADERSHIP eral actions designed to— ‘‘(v) SECRETARY OF HOMELAND SECURITY.— TASK FORCE PROCEDURES AND ADVICE.— ‘‘(i) further the goals, targets, and actions The following individuals appointed by the ‘‘(A) ADVISORS.—The Puget Sound Federal of the Action Agenda, Salmon Recovery Secretary of Homeland Security: Leadership Task Force, and any working Plans, the Treaty Rights at Risk Initiative, ‘‘(I) A representative of the Coast Guard. group of the Puget Sound Federal Leadership and the Coastal Nonpoint Pollution Control ‘‘(II) A representative of the Federal Emer- Task Force, may seek advice and input from Program; gency Management Agency. any interested, knowledgeable, or affected ‘‘(ii) implement and enforce this Act, the ‘‘(vi) SECRETARY OF THE INTERIOR.—The fol- party as the Puget Sound Federal Leadership Endangered Species Act of 1973, and all other lowing individuals appointed by the Sec- Task Force or working group, respectively, Federal laws that contribute to the restora- retary of the Interior: determines necessary to perform its duties. tion and protection of Puget Sound, includ- ‘‘(I) A representative of the Bureau of In- ‘‘(B) COMPENSATION.—A member of the ing those that protect Tribal treaty rights; dian Affairs. Puget Sound Federal Leadership Task Force ‘‘(iii) prevent the introduction and spread ‘‘(II) A representative of the United States shall receive no additional compensation for of invasive species; Fish and Wildlife Service. service as a member on the Puget Sound ‘‘(iv) prevent the destruction of marine and ‘‘(III) A representative of the United States Federal Leadership Task Force. wildlife habitats; Geological Survey. ‘‘(C) TRAVEL EXPENSES.—Travel expenses ‘‘(v) protect, restore, and conserve forests, ‘‘(IV) A representative of the National incurred by a member of the Puget Sound wetlands, riparian zones, and nearshore Park Service. Federal Leadership Task Force in the per- waters that provide marine and wildlife habi- ‘‘(vii) SECRETARY OF TRANSPORTATION.—The formance of service on the Puget Sound Fed- tat; following individuals appointed by the Sec- eral Leadership Task Force may be paid by ‘‘(vi) promote resilience to climate change retary of Transportation: the agency or department that the member and ocean acidification effects; ‘‘(I) A representative of the Federal High- represents. ‘‘(vii) conserve and recover endangered spe- way Administration. ‘‘(9) PUGET SOUND FEDERAL TASK FORCE.— cies under the Endangered Species Act of ‘‘(II) A representative of the Federal Tran- ‘‘(A) IN GENERAL.—On the date of enact- 1973; sit Administration. ment of this section, the 2016 memorandum ‘‘(viii) restore fisheries so that they are ‘‘(viii) ADDITIONAL MEMBERS.—Representa- of understanding establishing the Puget sustainable and productive; tives of such other agencies, programs, and Sound Federal Task Force shall cease to be ‘‘(ix) preserve biodiversity; initiatives as the Puget Sound Federal Lead- effective. ‘‘(x) restore and protect ecosystem services ership Task Force determines necessary. ‘‘(B) USE OF PREVIOUS WORK.—The Puget that provide clean water, filter toxic chemi- ‘‘(5) LEADERSHIP.—The Co-Chairs shall en- Sound Federal Leadership Task Force shall, cals, and increase ecosystem resilience; and sure the Puget Sound Federal Leadership to the extent practicable, use the work prod- ‘‘(xi) improve water quality and restore Task Force completes its duties through ro- uct produced, relied upon, and analyzed by wildlife habitat, including by preventing and bust discussion of all relevant issues. The the Puget Sound Federal Task Force in order managing stormwater runoff, incorporating Co-Chairs shall share leadership responsibil- to avoid duplicating the efforts of the Puget erosion control techniques and trash capture ities equally. Sound Federal Task Force. devices, using sustainable stormwater prac- ‘‘(6) CO-CHAIRS.—The following members of ‘‘(e) STATE ADVISORY COMMITTEE.— tices, and mitigating and minimizing the Puget Sound Federal Leadership Task ‘‘(1) ESTABLISHMENT.—There is established nonpoint source pollution, including marine Force appointed under paragraph (5) shall a State Advisory Committee. litter. serve as Co-Chairs of the Puget Sound Fed- ‘‘(2) MEMBERSHIP.—The committee shall ‘‘(3) PARTICIPATION OF STATE ADVISORY COM- eral Leadership Task Force: consist of up to 7 members designated by the MITTEE AND PUGET SOUND TRIBAL MANAGE- ‘‘(A) The representative of the National governing body of the Puget Sound Partner- MENT CONFERENCE.— Oceanic and Atmospheric Administration. ship, in consultation with the Governor of ‘‘(A) IN GENERAL.—The Puget Sound Fed- ‘‘(B) The representative of the Puget Washington, who will represent Washington eral Leadership Task Force shall carry out Sound Recovery National Program Office. State agencies that have significant roles its duties with input from, and in collabora- ‘‘(C) The representative of the Corps of En- and responsibilities related to Puget Sound tion with, the State Advisory Committee gineers. recovery. and Puget Sound Tribal Management Con- ‘‘(7) MEETINGS.— ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.— ference. ‘‘(A) INITIAL MEETING.—The Puget Sound The Puget Sound Federal Leadership Task ‘‘(B) SPECIFIC ADVICE AND RECOMMENDA- Federal Leadership Task Force shall meet Force, State Advisory Committee, and any TIONS.—The Puget Sound Federal Leadership not later than 180 days after the date of en- working group of the Puget Sound Federal Task Force shall seek the advice and rec- actment of this section— Leadership Task Force, shall not be consid- ommendations of the State Advisory Com- ‘‘(i) to determine if all Federal agencies ered an advisory committee under the Fed- mittee and Puget Sound Tribal Management are properly represented; eral Advisory Committee Act (5 U.S.C. App.). Conference on the actions, progress, and ‘‘(ii) to establish the bylaws of the Puget ‘‘(g) PUGET SOUND FEDERAL LEADERSHIP issues pertaining to restoration and protec- Sound Federal Leadership Task Force; TASK FORCE BIENNIAL REPORT ON PUGET tion of Puget Sound. ‘‘(iii) to establish necessary working SOUND RECOVERY ACTIVITIES.— ‘‘(4) MEMBERSHIP.— groups or committees; and ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(A) QUALIFICATIONS.—Members appointed ‘‘(iv) to determine subsequent meeting after the date of enactment of this section, under this paragraph shall have experience times, dates, and logistics. and biennially thereafter, the Puget Sound and expertise in matters of restoration and ‘‘(B) SUBSEQUENT MEETINGS.—After the ini- Federal Leadership Task Force, in collabora- protection of large watersheds and bodies of tial meeting, the Puget Sound Federal Lead- tion with the Puget Sound Tribal Manage- water or related experience that will benefit ership Task Force shall meet, at a minimum, ment Conference and the State Advisory the restoration and protection effort of twice per year to carry out the duties of the Committee, shall submit to the President, Puget Sound. Puget Sound Federal Leadership Task Force. Congress, the Governor of Washington, and

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.011 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H791 the governing body of the Puget Sound Part- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— gram since 1988, engaging in a wide nership a report that summarizes the In addition to any other funds authorized to range of habitat protection, water progress, challenges, and milestones of the be appropriated for activities related to quality improvement and monitoring, Puget Sound Federal Leadership Task Force Puget Sound, there is authorized to be ap- on the restoration and protection of Puget propriated to carry out this section but a recent GAO study found that the Sound. $50,000,000 for each of fiscal years 2021 threat the Sound faces outpace efforts ‘‘(2) CONTENTS.—The report under para- through 2025. to combat them. In short, we must sup- graph (1) shall include a description of the ‘‘(j) PRESERVATION OF TREATY OBLIGATIONS port a more directed approach to help- following: AND EXISTING FEDERAL STATUS.— ing the entire Puget Sound recover. ‘‘(A) The roles and progress of each State, ‘‘(1) TRIBAL TREATY RIGHTS.—Nothing in local government entity, and Federal agency this section affects, or is intended to affect, Mr. Speaker, I urge my colleagues to that has jurisdiction in the Puget Sound re- any right reserved by treaty between the support H.R. 2247, and I include in the gion toward meeting the identified objec- United States and 1 or more Indian tribes. RECORD letters of support from North- tives and priorities of the Action Agenda, ‘‘(2) OTHER FEDERAL LAW.—Nothing in this west Indian Fisheries Commission, Salmon Recovery Plans, the Treaty Rights section affects the requirements and proce- Puget Sound Partnership, and the Na- at Risk Initiative, and the Coastal Nonpoint dures of other Federal law. tional Audubon Society. Pollution Control Program. ‘‘(k) CONSISTENCY.—Actions authorized or NORTHWEST INDIAN ‘‘(B) If available, the roles and progress of implemented under this section shall be con- FISHERIES COMMISSION, Tribal governments that have jurisdiction in sistent with— Olympia, Washington, August 22, 2019. the Puget Sound region toward meeting the ‘‘(1) the Endangered Species Act of 1973 and Re NWIFC Support for H.R. 2247—Promoting identified objectives and priorities of the Ac- the Salmon Recovery Plans of the State of United Government Efforts to Save Our tion Agenda, Salmon Recovery Plans, the Washington; Sound Act. Treaty Rights at Risk Initiative, and the ‘‘(2) the Coastal Zone Management Act of Coastal Nonpoint Pollution Control Pro- 1972 and the Coastal Nonpoint Pollution Con- Hon. PETER DEFAZIO, gram. trol Program; Chairman, Committee on Transportation and ‘‘(C) A summary of specific recommenda- ‘‘(3) the water quality standards of the Infrastructure, Washington, DC. tions concerning implementation of the Ac- State of Washington approved by the Admin- Hon. SAM GRAVES, tion Agenda and Federal Action Plan, in- istrator under section 303; and Ranking Member, Committee on Transportation cluding challenges, barriers, and anticipated ‘‘(4) other applicable Federal require- and Infrastructure, Washington, DC. milestones, targets, and timelines. ments.’’. DEAR CHAIRMAN DEFAZIO, RANKING MEM- ‘‘(D) A summary of progress made by Fed- The SPEAKER pro tempore (Mr. HIG- BER GRAVES, AND HONORABLE MEMBERS OF eral agencies toward the priorities identified GINS of New York). Pursuant to the THE COMMITTEE: The Northwest Indian Fish- in the Federal Action Plan. rule, the gentlewoman from California eries Commission wishes to express our sup- ‘‘(h) CROSSCUT BUDGET REPORT.— (Mrs. NAPOLITANO) and the gentleman port for H.R. 2247 and respectfully requests ‘‘(1) FINANCIAL REPORT.—Not later than 1 passage of this important bill referred to from Florida (Mr. MAST) each will con- year after the date of enactment of this sec- your committee. The Northwest Indian Fish- tion, and every 5 years thereafter, the Direc- trol 20 minutes. eries Commission is comprised of the 20 trea- tor of the Office of Management and Budget, The Chair recognizes the gentle- ty Indian tribes in western Washington, who in consultation with the Puget Sound Fed- woman from California. have constitutionally protected, federally eral Leadership Task Force, shall, in con- GENERAL LEAVE adjudicated, treaty-reserved rights to har- junction with the annual budget submission Mrs. NAPOLITANO. Mr. Speaker, I vest, manage, and consume salmon and shell- of the President to Congress for the year ask unanimous consent that all Mem- fish in their usual and accustomed areas. under section 1105(a) of title 31, United bers have 5 legislative days within These treaty-reserved resources are inex- States Code, submit to Congress and make tricably linked to the health of Puget Sound. available to the public, including on the which to revise and extend their remarks and include extraneous material If we cannot recover Puget Sound, we will internet, a financial report that is certified not recover salmon, we will not maintain our by the head of each agency represented by on H.R. 2247, as amended. culturally and economically significant the Puget Sound Federal Leadership Task The SPEAKER pro tempore. Is there shellfish fishery, and we will not protect our Force. objection to the request of the gentle- treaty-reserved rights. ‘‘(2) CONTENTS.—The report shall contain woman from California? an interagency crosscut budget relating to There was no objection. We support H.R. 2247 because it recognizes the role of tribes as sovereign governments Puget Sound restoration and protection ac- Mrs. NAPOLITANO. Mr. Speaker, I working collaboratively to restore our tivities that displays— yield myself such time as I may con- ‘‘(A) the proposed funding for any Federal shared waters. The bill also provides a log- restoration and protection activity to be car- sume. ical approach to Puget Sound recovery, by ried out in the succeeding fiscal year, includ- Mr. Speaker, H.R. 2247 would estab- encouraging a more efficient use of governing any planned interagency or intra-agency lish a new program office within EPA ment through improved federal agency co- transfer, for each of the Federal agencies to enhance rehabilitation efforts for ordination on Puget Sound actions. It is only that carry out restoration and protection ac- Puget Sound in Washington State. In- logical that government agencies would tivities; troduced by the gentlemen from Wash- align their related activities to compliment ‘‘(B) the estimated expenditures for Fed- ington, Mr. HECK and Mr. KILMER, H.R. the significant contribution of federal fund- eral restoration and protection activities 2247 builds off an existing program for ing directed toward restoration and not un- from the preceding 2 fiscal years, the current the Sound under EPA’s National Estu- dermine those investments or our treaty-re- fiscal year, and the succeeding fiscal year; served rights. and ary Program. The bill authorizes $50 million annu- We also support H.R. 2247 because it au- ‘‘(C) the estimated expenditures for Fed- thorizes much needed increases to Puget eral environmental research and monitoring ally over 5 years to establish a Puget Sound Federal Leadership Task Force Sound funding. We greatly appreciate the programs from the preceding 2 fiscal years, Geographic Program-Puget Sound appropria- the current fiscal year, and the succeeding that will be responsible for coordi- tions Congress continues to provide. How- fiscal year. nating the wide-ranging priorities for ever, funding for Puget Sound recovery needs ‘‘(3) INCLUDED RECOVERY ACTIVITIES.—With recovery of the region. to be significantly increased to address the respect to activities described in the report, We heard in our subcommittee hear- numerous threats that the Sound and our re- the report shall only describe activities that ing in June that human development served-rights face. have funding amounts more than $100,000. ‘‘(4) SUBMISSION TO CONGRESS.—The Direc- has degraded the water quality and For these reasons, we respectfully request tor of the Office of Management and Budget habitat of the Sound. We need to do you support passage of H.R. 2247 and thank shall submit the report to— more to protect our iconic waters, like you for taking the time to consider the bill ‘‘(A) the Committee on Appropriations, the Puget Sound, on which 4.5 million peo- and the important issues it addresses. We Committee on Natural Resources, the Com- ple rely for food, clean water, and other also extend our gratitude to Representative mittee on Energy and Commerce, and the ecosystem services. Heck for his leadership in introducing H.R. Committee on Transportation and Infra- We also know that the health of 2247, recognizing the important role of tribes structure of the House of Representatives; these waterways impacts critical spe- and treaty rights in Puget Sound recovery, and and taking the initiative to advance Puget ‘‘(B) the Committee on Appropriations, the cies, such as salmon and the orca Sound recovery as a national priority. Committee on Environment and Public whales and a variety of other wildlife Sincerely, Works, and the Committee on Commerce, across the State. The Sound has been a LORRAINE LOOMIS, Science, and Transportation of the Senate. member of the National Estuary Pro- Chairperson.

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AUGUST 13, 2019. makers demonstrate to the nation that behalf of Port Gamble S’Klallam Tribe; John Hon. PETER DEFAZIO, Puget Sound is worth saving. Marchione, Mayor, City of Raymond. Chairman, Committee on Transportation and Thank you for your past support of Puget Matt Pina, Mayor, City of Des Moines; Infrastructure, Washington, DC. Sound recovery. We urge you to support H.R. Joshua Morris, Urban Conservation Man- Hon. SAM GRAVES, 2247, the PUGET SOS Act, to ensure that the ager, Seattle Audubon Society; Kelly Ranking Member, Committee on Transportation federal government is a viable, willing part- Susewind, Director, WA Department of Fish and Infrastructure, Washington, DC. ner in this race against time. and Wildlife; Colleen Weiler, Jessica Rekos DEAR CHAIRMAN DEFAZIO AND RANKING Sincerely, Fellowship, Whale and Dolphin Conserva- MEMBER GRAVES: We, the undersigned, are LAURA L. BLACKMORE, tion; Sam Merrill, Chair, Conservation Com- writing to urge your support to pass H.R. Executive Director, mittee, Black Hills Audubon Society; Jimmy 2247, the ‘‘Promoting United Government Ef- Puget Sound Partnership. Matta, Major, City of Burien; Representative forts To Save Our Sound’’ (PUGET SOS) Act, Eoin Doherty, Independent Contractor; Cindy Ryu, Washington House of Representa- introduced earlier this year by Congressman Nicholas Georgiadis, PhD, Sr. Research Sci- tives, 32nd Leg District; Victoria R. Denny Heck and Congressman Derek Kilmer entist, Puget Sound Institute, University of Woodards, Mayor, City of Tacoma; Jeff Wag- to strengthen federal support for actions Washington; Tansy Schroeder, Island County ner, Mayor, City of Covington. that are essential to Puget Sound recovery. Planning & Community Development; Steve Penny Sweet, Mayor, Kirkland City Coun- Puget Sound is a complex ecosystem en- Dubiel, Executive Director, EarthCorps; Jea- cil; Michael Dawson, Water Quality Man- compassing mountains, farmlands, cities, nette Dorner, Chair, Pierce Conservation ager, Jefferson County Public Health; Matt rivers, forests, and wetlands. Sixteen major District; Jesse Salomon, Senator, 32nd Legis- Deniston, Managing Partner, Sitka Tech rivers flow to Puget Sound and 20 treaty lative District; Dave Somers, Snohomish Group; President Arthur Campbell, N. Cen- tribes call the region home. County Executive; Diane Buckshnis, Ed- tral Washington Audubon Society; Director Currently, 4.5 million people live in the monds City Council Position #4, WRIA 8 Rachel Vasak on behalf of Nooksack Salmon Puget Sound area, with another 1.3 million Salmon Recovery Council; Stephanie Wright, Enhancement Assoc.; Karen Larkin, Chair, expected to live here by 2040. In May, the Se- Snohomish County Councilmember. Tacoma Public Utility Board; Austin Bell, attle Times reported that Seattle was the Katherine Walton, Livable Communities Deputy Mayor, City of Burien; Secretary second fastest growing city in the nation in Coordinator, Futurewise; Helen Price John- Kurt Fremont, Puyallup River Watershed 2018, and the fastest in 2017. We are a region son, Board of Island County Commissioner; Council on behalf of President Carrie Her- of innovators and entrepreneurs: 11 Fortune Dennis McLerran, Cascadia Law Group; nandez and the Board of Directors for the 500 companies are headquartered in the Terry Williams, Co-chair, Snohomish Basin Puyallup River Watershed Council; Nancy Puget Sound area, many of which have Salmon, Recovery Forum; James W. Miller; Tosta, Councilmember, City of Burien, shaped 21st century life. Our economy is Co-chair, Snohomish Basin Salmon, Recov- Chair, Burien Airport Committee; Bob roaring, and the region’s natural beauty and ery Forum; Norm Dicks, Former United Edgar, Councilmember, City of Burien. recreational opportunities help businesses States Representative, House Appropriations Lucy Krakowiak, Councilmember, City of and companies attract top talent. Committee, Defense Sub; Mark Phillips, City Burien; Nate Nehring, Councilmember, Sno- On the surface, Puget Sound looks healthy of Lake Forest Park Councilmember, Vice homish County; Representative Steve and inviting, but, in fact, Puget Sound is in Chair of WRIA 8 Salmon Recovery Council; Tharinger, Washington State House of Rep- grave trouble. Southern Resident orcas, Chi- Stephanie Solien, Co-chair, Southern Resi- resentatives, 24th District, Co-Chair of the nook salmon, and steelhead are all listed dent Orca Task Force; Will Hall, Mayor for Strait Ecosystem Recovery Local Inte- under the Endangered Species Act. Toxic City of Shoreline. grating Organization; Krystal Marx, chemicals and pharmaceuticals continue to John Hoekstra on behalf of Mountains to Councilmember, City of Burien; Pedro pollute our waterways, and shellfish beds are Sound Greenway Trust; Denis Law, Mayor, Qlguin, Councilmember, City of Burien; routinely closed to commercial and rec- City of Renton; Teresa Mosqueda, Seattle Deborah Jensen, Principal, D Jensen & Asso- reational harvest due to fecal contamina- City Councilmember; Stephanie Buffum, Ex- ciates; Jessie Israel, Director, Puget Sound tion. Despite a significant investment of en- ecutive Director, Friends of the San Juans; Conservation, The Nature Conservancy in ergy and resources from federal, tribal, Teresa Mosqueda, Seattle City Washington; Karen Affeld, Executive Direc- state, and local governments, habitat deg- Councilmember; John Stokes, City of Belle- tor, N. Olympic Peninsula Resource Con- radation continues to outpace restoration. vue Councilmember, Chair of WRIA 8 Salm- servation & Dev. Council; Commissioner While this situation at times seems impos- on Recovery Council; Jacques White, Execu- Kate Dean, Jefferson County, Co-Chair of sibly gloomy, the hundreds of passionate tive Director, Long Live the Kings; Commis- Strait Ecosystem Recovery Network Local people who are devoted to seeing the return sioner Janet St. Clair, Board of Island Coun- Integrating Organization. of a healthy and resilient Puget Sound give ty Commissioners, District 3; John Wiesman, Other Individuals and Organizations: us hope. DrPH, MPH, Secretary, Department of Richard Brocksmith, Executive Director, Scientists say that we can still recover Health. Skagit Watershed Council; Zero Waste Wash- Puget Sound, but only if we act boldly now. Stephanie Wright, Executive Director, RE ington; Liz Christeleit, Sitka Technology We know what we need to do. The primary Sources for Sustainable Communities; Shari Group; Peggen Frank, Executive Director, barriers between us and more food for orcas, Tarantino, Board President, Orca Conser- Salmon Defense; Michael Messina, Director, clean and sufficient water for people and vancy; Robert Davidson, President & CEO, Market Development & Business Affairs, fish, sustainable working lands, and harvest- Seattle Aquarium; David Baker, Mayor, City Whooshh Innovations; Jennifer Grathwol able shellfish are funding and political for- of Kenmore; Director Alison Studley on be- Thomas, MES Principal Ecologist Water & titude. half of Skagit Fisheries Enhancement Group; Land Natural Resource Consulting; Heidi M. The single greatest step we could take to Allan Elkberg, Mayor, City of Tukwila; Kirk, Processing Manager, Evergreen Home ensure a durable, systematic, and science- Mindy Roberts, Program Director, WA Envi- Loans; Jim Wilcox, Wilcox Farms; Rebecca based effort for Puget Sound recovery is to ronmental Council; Kathy Lambert, King Benjamin, Executive Director, North Olym- fully fund the implementation of habitat County Councilmember. pic Salmon Coalition; Aaron Peterson, Man- protection and restoration, water quality Nancy Backus, Mayor, City of Auburn; aging Director, Regional Fisheries Coalition; protection, and salmon recovery programs. Howard Garrett, Orca Network President; Auburn City Council. The PUGET SOS Act (H.R. 2247) would au- Dow Constantine, King County Executive; Diana Gale, Puget Sound Partnership, thorize up to $50 million in funding for Puget David O. Earling, Mayor, City of Edmonds; Board of Directors, 2007–2016; Olympic Penin- Sound recovery, a significant and very wel- Lunell Haught, President, League of Women sula Audubon Society; Dana C. Ward, Co- come jump from the $28 million per year that Voters of Washington; Wendy D. McDermott, Chair Conservation Committee on behalf of Congress has appropriated for the last sev- Director, Rivers of Puget Sound-Columbia Lower Columbia Basin Audubon Society; Bill eral fiscal years. Basin; Hilary Franz, Commissioner of Public Blake, Co-chair, Stillaguamish Watershed; The PUGET SOS Act also aligns federal Lands; Charlotte Garrido, Kitsap County Bill Dewey, Taylor Shellfish Farms; Cindy agency expertise and resources. These are Commissioner; Stephanie Bowman, Commis- Spiry, Snoqualmie Tribe, on behalf of tremendous assets. Ensuring that federal sion President, Port of Seattle. Snoqualmie Watershed Forum; Neala Ken- agencies are coordinated, setting goals, and Clare Petrich, Commission President, Port dall, PhD, Washington Department of Fish & holding each other accountable will help in- of Tacoma, Co-Chair, The Northwest Seaport Wildlife; Tessa Francis, University of Wash- crease their effectiveness and provide yet an- Alliance; Maia D. Belion, Director, WA State ington; Larry Franks, Friends of the other boost to Puget Sound recovery. Estab- Department of Ecology; Gail Gatton on be- Issaquah Salmon Hatchery; Don Hunger, Ex- lishing the Puget Sound Program Office at half of Audubon Washington, Executive Di- ecutive Director, Northwest Straits Founda- the EPA and codifying a Federal Task Force rector and Vice President; Senator Derek tion; David Bestock, Delridge Neighborhoods promises that these goals will be met. Stanford, Washington State Senate, 1st Leg Development Association; Laurie Gogic, Passage of the PUGET SOS Act would District; Jamie Stephens, San Juan County Whale Scout. demonstrate to the nation that Puget Sound Council Chair; Jay Manning, Chair, Leader- Chris Garcia, City Council—City of North is vital to the economic, cultural, and envi- ship Council, Puget Sound Partnership; Bend; Jim Ribail, Carnation City Council, ronmental security of the United States. By Mayor Jim Ferrell on behalf of City of Fed- Position 2; Terry Ryan, Snohomish County investing significantly in the health and eral Way; Councilmember Keith Scully, City Council Chair; Puget Soundkeeper Alliance; wellbeing of Puget Sound, federal decision- of Shoreline; Chairman Jeromy Sullivan on Toby Murray, Leadership Council Member,

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.016 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H793 Puget Sound Partnership; Robert Kaye, Con- Keefer, Lyn Gardner, Kenneth Davis, Charlie to a rapidly growing population of 8 million servation Committee Chair, North Cascades Butt, Barbara Vigars, Neeyati Johnson, people, and provides for a host of social and Audubon; John Burk, Division Manager, City David Law, Carol Fillman, Jenna Judge, Dan economic values through ports and industry, of Tacoma; Nan McKay, Member, Northwest Calvert, Hayley Mathews, Janet Williams, agriculture, fisheries, archaeological and Straits Commission, Member, Northwest Derek Buchner, Kanit Cottrell, Mona cultural sites, recreation, and research. How- Straits Foundation Board of Directors, Past McNeil, Lina Gleason, Cherie Warner, ever, San Francisco Bay has lost 90% of its Chair, Puget Sound Action Team, Past Exec- Susann Daley, Karina Morgan, Toni Howard, tidal wetlands and more than 50% of its utive Director, Puget Sound Water Quality Brendan DeMelle, Patrick Hickey, Alexandra eelgrass and mudflat habitat. Climate Authority; Rodney Pond, Executive Direc- Stote, Michael Tucker, Warren Wilkins, change exacerbates these conditions through tor, Sound Salmon Solutions; Mendy Harlow, Priscilla Martinez, Tracey Ouellette, Glen drought that alters the salinity balance, Executive Director, Hood Canal Salmon En- Anderson, Walter Gerber, Mary Gerber, ocean acidification that reduces species hancement Group; Lance Winecka, Execu- Bonnie Rochman, Peggy Printz, Ashley abundance and diversity, increasing water tive Director, South Puget Sound Salmon Couch, Ivan Storck, Elizabeth F. Nedeff, temperatures, and rising seas causing flood- Enhancement Group; Jan Newton, Co-Direc- Sherrell Cuneo. ing that eliminates living shorelines and tor, Washington Ocean Acidification Center; Bob Zeigler, Eleanor Dowson, Carole puts communities at risk. Many species of Terrie Klinger, Co-Director, Washington Henry, Chris Knoll, Deborah Gandolfo, Jona- waterbirds forage in the San Francisco Bay, Ocean Acidification Center; Alan Clark, than Frodge, Deborah Engelmeyer, Stuart including Brant Geese and Surf Scoters, un- Chair, Northwest Straits Commission; Sno- Mork, Susan MacGregor, Thom Peters, Sher- derscoring the value of this ecosystem. homish Conservation District; Jeff ry McCabe, Amanda Sue Rudisill, Margot HR 1132 would authorize a San Francisco Osmundson, President, Skagit Audubon So- Rosenberg, Linda Ellingboe, Asphodel Bay Restoration Grant Program in EPA and ciety; Deborah Stinson, Mayor, City of Port Denning, Katrina Sukola, Glen Anderson, funding of up to $25m per year to support the Townsend. Sylvie Karlsda, Mona McNeil, Bill McFerren, Private Citizens: Todd W Currie, Sylvie C Currie, Sharron restoration of this estuary. Elizabeth Chapple, Donna J. Nickerson, Coontz, Tonya Stiffler, Matt Anderson, Gor- HR 1620—CHESAPEAKE BAY PROGRAM Kimi Izzi, Natasha Lozano, Holly Powers, don Wood, Robert Jensen, Jeni Woock, Sarah REAUTHORIZATION ACT Jennifer Stock, Phil Arminger, Linda McCoy, Roger Martin, Sheliah Roth, Jac- Salt marshes are special places to birds Studley, Lynn Stansbury, Raven Skyriver, queline Jacoby, Peter Marshall, Bill Lavely, and other wildlife, but sea level rise has ele- Fred Rowley, Angela Liljegren, Tamara Janet Walworth, Robert Richards, James vated the waters in the Chesapeake Bay by Stepas, Leah Zuckerman, James Nichols, Grimes, Pam Borso, Kathryn Jean Seymour, one foot during the 20th century and is accel- Kathy Jacobs, Joan Alworth, JP Kemmick, Sandra Gehri Bergman, Natalie Van erating due to climate change. Salt marshes Jessica Baird, Sheida Sahandy, Gina Aber- Leekwijck, Sabine Doenninghaus. provide valuable ‘‘ecosystem services’’, in- nathy, Dany Border, Betsy Adams, Joni K. Ann Seiter, Laura Ferguson, Marta Green, cluding nurseries for the Chesapeake Bay’s Dennison, Richard Noll, Scott Patrick, Steve Tholl, Brent Barnes, Denise Ross, Jon commercially important fish, a buffer pro- Annika Fain, Cat Martinez, Rebecca Bridgman, Jeff Parsons, Carrie Byron, Leah tecting coastal communities against storm Canright, Mary Simkin-Maass, Joan Miller, Kintner, Michael Johnson, Don Gourlie, surge, a filter that stops nutrient and sedi- Katie Devlin, Desi Nagyfy, Barbara Stephanie Suter, Heather Saunders, Kristin ment pollution from entering the Bay, and a Rosenkotter, Pam Barber, Kate Pflaumer, Hayman, Todd Hass, Kari Stiles, Nathalie recreational resource attracting visitors who Matt Nunn, Sharon Truax, Emily Norland, Hamel, Kaitlin Harris, Leska Fore. contribute millions of dollars to local econo- Marjorie Millner. mies. Chesapeake Bay’s salt marshes host Stacey McKinley, Brenda Michaels, Chris AUDUBON, NATIONAL AND globally significant populations of both Tompkins, Curtis Cawley, Jane Jaehning, INTERNATIONAL PROGRAMS, Randy Collins, Amy Mower, Anne Hawkins, Washington, DC, September 18, 2019. Saltmarsh Sparrow and Black Rail. Chris Marrs, Matt McKenna, John Smith, Hon. PETER DEFAZIO, HR 1620 would increase the authorization David Taft, Bea Kelleigh, Peg Peterson, Chairman, Committee on Transportation and of appropriations for the Chesapeake Bay Julia Buck, Donna Mason, Pamela Harris, Infrastructure, Washington, DC. Program to more than $90m per year. John Koblinsky, Tamara Wood, Marian Hon. SAM GRAVES, HR 2247—PROMOTING UNITED GOVERNMENT Wineman, Sue Froeschner, Ashley Song, Ranking Member, Committee on Transportation EFFORTS TO SAVE OUR SOUND ACT Rich Bergner, Walt Tabler, MaryJane and Infrastructure, Washington, DC. Despite significant investments in Puget Gasdick, Benjamin Premack, Richard Hon. GRACE NAPOLITANO, Sound ecosystem health by state, federal, Kimball, Brie Gyncild, John Pottle, Lynn Chairwoman, Subcommittee on Water Resources tribal and local governments, concerned Barker, Charles Barker, Roseann Seeley, Ara and Environment, Washington, DC. members of the public, and conservation or- Biji Kobara, Dorrie Jordan, Jeanette Kors, Hon. BRUCE WESTERMAN, ganizations, progress towards ecosystem re- Brandon Herman, Lyle Anderson, Mike Ranking Member, Subcommittee on Water Re- Snow, Shannon Markley, John Lundquist, covery targets remains slow. The number of sources and Environment, Washington, DC. marine birds wintering in Puget Sound has Doris Wilson. On behalf of the National Audubon Soci- declined significantly in the last 30 years and Vicky Gannon, Corinne Salcedo, Pam ety’s more than 1 million members, our mis- migratory, fish-eating birds appear to be at Borscope, Tom Putnam, Rebecca Putnam, sion is to protect birds and the places they the greatest risk. Joanne Mayhew, Maradel Gale, Donielle Ste- need for today and tomorrow. We write to vens, Aaron Hussmann, Barbara Stevenson, offer our support for the following bills re- HR 2247 would authorize up to $50 million Linda Story, Shane Kostka, Mary Jo Wil- lated to important coastal and water con- in funding for Puget Sound recovery. The kins, Phyllis Farell, Fay Payton, Anne servation issues that will be the subject of PUGET SOS Act also aligns federal agency Ryland, Philip Ratcliff, Joe Ginsburg, Carey the September 19, 2019 Markup before the expertise and resources, ensuring that fed- Falter, Jeffrey Pancier, Hilary Thomas, Mat- Committee on Transportation and Infra- eral agencies are coordinated, setting goals, thew Hilliard, Jennifer Nelson, Mark D. structure Committee. and holding each other accountable will help Blitzer, Katherine Balles, Delorse Lovelady, increase their effectiveness and provide a HR 4031—GREAT LAKES RESTORATION INITIATIVE Cornelia B Teed, Natalie Chapin, Kristin boost to Puget Sound recovery. ACT OF 2019 Felix, Nikki Nichols, Robert Hannigan, Tess The Great Lakes are home to 30 million HR 3779—RESILIENCE REVOLVING LOAN FUND ACT Morgan, Katie Stansell, Michael Hoffman, OF 2019 Laurie Kadet, Miranda Marti, Serena people and 350 species of birds, but increasing Winham, Len Elliot, Matt Anderson, Norman challenges are on the horizon for the world’s Pre-disaster planning can help commu- Baker, Patrick Conn, Margot Rosenberg. largest body of freshwater. Fluctuating nities adapt to the changing flood patterns Elizabeth Shoemaker, Ronnie Bush, water levels exacerbated by climate change, that threaten people and birds species de- Francis Lenski, Paul Roberts, Aaron Flaster, invasive exotic species and excess nutrients pendent on shoreline and riverine areas. Marco Constans, Ginny Davis, Marilyn are putting even more stress on this eco- These changes have led to more frequent in- Smith, Richard Horner, Vanessa Jamison, system that is so important for birds and stances of ‘‘nuisance flooding,’’ as well as Ann Lazaroff, Donna Alexander, Phyllis people. The Great Lakes Restoration Initia- catastrophic events. NOAA has found that Oshikawa, Emily Rahlmann, Robert Triggs, tive has helped clean up toxic pollutants, ‘‘nuisance’’ or ‘‘sunny day’’ flooding is up Don Thomsen, Sandra Boren, Alex Logan, protect wildlife by restoring critical habitat, 300% to 900% than it was 50 years ago. In ad- Chris Burdett, Cathy O’Shea, Julie Lakey, and help combat devastating invasive spe- dition, catastrophic flooding events have in- Mary Cunningham, Kathleen Schaeffer, cies. creased in both frequency and intensity. Richard Weiss, Janice Sears, Linda Massey, HR 4031 would increase funding for con- These trends have been particularly pro- Paul Shelton, Jim McRoberts, Maria DeLeo, servation projects to $475 million over five nounced in the Northeast, Midwest and Rebecca Sisson, Terence McDonald, George years, by increasing the Great Lakes Res- upper Great Plains, where the amount of pre- Keefe, Connie Nelson, Janet Wynne, Yolanda toration Initiative’s authorization incremen- cipitation in large rainfall events has in- Sayles, James Hipp, Michael Garten, Liz tally from $300 million per year to $475 mil- creased more than 30 percent above the aver- Campbell, Pike Oliver, Jonny Layesky, lion per year. age observed from 1901–1960. As sea level rise Laurette Culbert. HR 1132—SAN FRANCISCO BAY RESTORATION ACT accelerates, it only exacerbates these im- Danielle Zitomer, Valerie Chu, Jim Pier- The San Francisco Bay Area, home to the pacts, which further compounds vulner- son, Jennifer Lutz, Suzanne Steel, Thomas Pacific Coast’s largest estuary, is also home ability in flood-prone communities.

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.027 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H794 CONGRESSIONAL RECORD — HOUSE February 5, 2020 HR 3779 would amend the 1988 Stafford Act sediment contamination, and water Mr. NEWHOUSE. Mr. Speaker, I to offer low-interest loans to states for ‘‘dis- flow disruption continue to devastate thank the chairman. aster mitigation projects’’, including invest- the fish, marine, mammal, bird, and We are all saddened, and deeply frus- ments in natural infrastructure projects, shellfish populations of Puget Sound. trated, to see the iconic Puget Sound which would help communities prepare and Indeed, that orca, the Southern Resi- continue to devolve into a dumping recover from natural disasters. We urge you to support and advance the dent orca, population is down to 72, ar- ground of human waste and sewage. It bills listed above. Please feel free to contact guably not sustainable because we need is no wonder, the species in our Na- us with any questions. to save the Sound. And if these trends tion’s largest estuary are facing in- Sincerely, continue, we will lose much of what creasing odds of extinction. We must JULIE HILL-GABRIEL, makes Puget Sound a national treasure do more to address this environmental Vice President, Water Conservation, so special. And that should concern us crisis. National Audubon Society. all. An aquatic toxicologist working with Mrs. NAPOLITANO. Mr. Speaker, I Fortunately, there have been many the National Oceanic and Atmospheric reserve the balance of my time. people across the Puget Sound region Administration has found that growth Mr. MAST. Mr. Speaker, I yield my- that have been treating these deterio- rates for salmon species in Puget self such time as I may consume. rating conditions as a call to action. Sound are stunned, metabolisms are Mr. Speaker, I rise in support of H.R. Tribes, State governments, local distorted to the point of starvation, 2247. groups and private sector people are in- and physiological functions are dis- H.R. 2247 represents good governance vesting in recovery efforts. rupted when exposed to high levels of by codifying the Environmental Pro- Back in 2013, I teamed up with my Prozac, caffeine, cholesterol medica- tection Agency’s restoration activities good friend, roommate and colleague, tion, ibuprofen, bug spray, cocaine, in the Puget Sound. The Puget Sound Congressman KILMER, to establish the birth control pills, and dozens of other is the Nation’s second largest estuary, Puget Sound Recovery Caucus to pro- drugs and personal care products supporting more than 4.5 million peo- mote Puget Sound preservation at the present in Puget Sound. ple, more than $365 million in gross do- Federal level. Mr. Speaker, I am very glad to see mestic product, and a wide variety of And in 2016, the Obama administra- my friends from the west side of the species. tion created the Puget Sound Federal State, Mr. HECK, who has spent a great Mr. Speaker, I urge support of this Task Force, by executive action, to co- deal of his illustrious career working legislation, and I reserve the balance of ordinate recovery efforts more effi- on this issue, as well as Mr. KILMER, my time. ciently among the Federal agencies. who has also spent an inordinate Mrs. NAPOLITANO. Mr. Speaker, I Still, we must bring more attention to amount of time working on this very, yield 7 minutes to the gentleman from bear on Puget Sound recovery, and very important issue, working to ad- Washington (Mr. HECK). that is why we introduced the PUGET dress the debilitating impact the envi- Mr. HECK. Mr. Speaker, I thank the SOS Act. ronmental degradation in Puget Sound gentlewoman from California. The bill will simply codify the Fed- is having on shellfish, on the endan- Mr. Speaker, I do indeed rise in eral task force to ensure that coordina- gered salmon, and on steelhead. And, strong support of H.R. 2247, the Pro- tion among Federal agencies con- as was mentioned, on our iconic South- moting United Government Efforts to tinue—and we all want that—into the ern Resident killer whales, which are Save Our Sound, or the PUGET SOS future and it also creates the Puget truly on the verge of extinction. Sound Recovery National Program of- Act. b 1330 As indicated, Puget Sound is, in fact, fice at the EPA, elevating Puget Sound recovery efforts and putting them on a As my colleague CATHY MCMORRIS located in western Washington, but it par with those deservedly of the Great RODGERS and I have been saying for is a national treasure. Indeed, to mod- Lakes and Chesapeake Bay. years, we must focus on solutions that ify just slightly what my friend from And for the first time, the bill au- the science tells us will directly aid Florida suggested, by water volume it thorizes funding for Federal Puget fish species now and not waste our pre- is actually the largest estuary in the Sound recovery actions. This is a prod- cious resources and time on political United States of America. uct of years of collaboration between motivations like the efforts to tear Puget Sound and its tributaries are Tribal, State, and local stakeholders, down our dams. This is a deadly dis- one of the most ecologically diverse in including private sector investors. traction from the actual science-based all of North America, and it is, as has Specifically, I thank the members of solutions to support salmon recovery. been indicated, the economic engine the committee. I especially thank my I want to continue to work with my for the western part of our State, sup- friend, Congressman KILMER. And I colleagues to address problems facing porting maritime industry, commercial most especially thank my friends endangered fish species throughout our and recreational fishing, shellfish across the aisle, who joined in cospon- region in a comprehensive manner. The growers, tourism, and recreation. sorship in support of this. challenges are many: But it is more than that. It is also Mr. Speaker, I thank the Northwest We must continue to tackle the absolutely critical to the Tribes that Indian Fisheries Commission and the pinniped issue, the avian predation reside in Washington State who have Puget Sound Partnership for their ef- issue, but we also must ensure that a stewarded it for literally millennia. fort. The threats facing the Puget robust hatchery program is in place; And need I remind you; they have trea- Sound are numerous and they are exis- We must continue to prioritize the ty-reserved rights to its natural re- tential, but I believe that with a strong world-class fish passage in our hydro- sources. Federal partnership role and smart in- electric infrastructure; Above and beyond that, it is central vestments, we can act before it is too We must continue to take a serious to the identity of anyone from western late. We can help recover the Puget and thoughtful look at fishing and Washington. I ask you this: For those Sound and preserve its ecological, eco- other human-caused impacts; and of you who have been to Seattle and nomic, and cultural significance for We must build upon the habitat im- have made the comment or a post from generations to come. provements and greater ecological conan August visit, it is beautiful. What is The PUGET SOS Act is a strong first servation measures. the image that comes to your mind? It step towards recovery, and I encourage Mr. Speaker, we must focus on the is of Mount Rainier, above the shim- my colleagues to support the bill. science, not the politics. We must focus mering waters of the Puget Sound. And again, I extend my gratitude to on the facts, not ideology or emotions. Or—and more about this later—it is of all of those who have put your shoul- While I support the passage of this leg- that magnificent black and white fish, ders to the wheel and gotten it this far islation—and I do—that we are voting the orca, breaching the surface of the in the process. on today, I believe it can and should water. Mr. MAST. Mr. Speaker, I yield my- only move forward as part of a much But here is the deal, Puget Sound is self such time as he may consume to more comprehensive discussion and ef- dying. Slowly but surely, it is under se- the gentleman from Washington (Mr. fort in the Pacific Northwest to ad- rious threat. Water and air pollution, NEWHOUSE). dress the needs of our iconic species;

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.018 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H795 the protection of our environment; the have got to act now and protect and re- water that goes into the Spokane River reliability of our clean, renewable en- store the Sound. is clean. ergy infrastructure; and, certainly, the So, again, I thank my colleague and We are spending millions and mil- future of our region’s economy and friend, DENNY HECK, for his leadership lions of dollars to clean up Lake Roo- livelihood. on this issue. sevelt behind Grand Coulee Dam. We Mrs. NAPOLITANO. Mr. Speaker, I I urge my colleagues to support this are on track to have Lake Roosevelt yield 4 minutes to gentleman from bill. meet clean drinking water standards so Washington (Mr. KILMER). Mr. MAST. Mr. Speaker, I yield as that we can enjoy Lake Roosevelt, we Mr. KILMER. Mr. Speaker, I thank much time as she may consume to the can fish, and we can enjoy the beaches. the gentlewoman for yielding. gentlewoman from Washington (Mrs. It breaks my heart, though, when I I rise today in support of the PUGET RODGERS). hear what is going on in Puget Sound SOS Act, and I want to thank my good Mrs. RODGERS of Washington. Mr. and the impact that Puget Sound is friend and colleague from the State of Speaker, I rise in support of this legis- having on recovering salmon and orcas: Washington, Representative HECK, for lation. I rise in support of the PUGET In 2009, 10 million gallons of raw sew- his tireless leadership on this impor- SOS Act, Save Our Sound Act, impor- age spilled into Puget Sound; in 2017, tant legislation, and his partnership in tant legislation to clean up the Puget 250 million gallons of raw sewage working to recover this iconic body of Sound. spilled into Puget Sound; in 2019, 4.5 water. I join as someone who represents a million gallons. We have been warned Those of us who are lucky enough to district in eastern Washington. My dis- that stormwater is killing coho salmon call Washington State home know that trict actually borders Idaho, but I be- before they even spawn. the Puget Sound is a truly special body lieve that we need to be locking arms. As the Seattle Times said during the of water. Generations of our friends We need to be working together to 2017 failure that spilled 250 million gal- and neighbors have built their lives clean up Puget Sound. lons of sewage into the Sound: ‘‘Not a and made livelihoods on Puget Sound. For decades, we have invested bil- single person from an environmental Tribes, since time immemorial, have lions of dollars, billions of dollars in group or the public turned out to tes- called the Sound their home. research and technology, to recover tify or demand action on the crippled We know that Puget Sound is critical salmon in the Pacific Northwest and West Point Treatment Plant, or even to the environment and to our eco- save our orcas, and we need to continue take notice of one of the largest local nomic future in our region as well. Our that work to look for the best science public infrastructure failures in dec- economy is stronger because of the to recover salmon and to save our ades.’’ Sound. Our maritime industry is orcas. Mr. Speaker, we are failing. We are stronger, our fisheries, tourism be- I am proud of the work that we have failing to meet our obligation and the cause—listen—people want to come done. We see salmon returns improv- high standards that we expect for every there. They want to boat or kayak on ing. When you look at where we started body of water; yet, nearly every week, it. They want to go fishing or crabbing to where we are today, we are at record we have to defend our dams from the on it. They want to dig for clams and levels. same environmental groups that have hike along the Sound’s beaches. In Now, in Washington State, some are refused to look at the facts. fact, those experiences are vital to peo- suggesting that we need to tear out our So I am stepping forward today, as a ple from near and far, including my dams in order to save salmon and to Representative from eastern Wash- own family. It is one of our natural save our orcas. It is a solution that is ington, with my colleagues on both treasures. not backed by science. sides of the aisle, to say let’s focus on Some of our region’s most culturally The reason that I am in such support what is actually going to get the re- important species, including salmon of helping save the Sound and cleaning sults, what is going to recover salmon, and orca and Dungeness crab, rely on a up Puget Sound is because it is the and what is going to save our orcas. healthy Sound. And despite years and number one watershed, right now, for Mrs. NAPOLITANO. Mr. Speaker, I years of effort to protect and restore salmon and for saving our orcas. yield 2 minutes to the gentlewoman Puget Sound, we still have a lot of And if we really want to focus on get- from Washington (Ms. SCHRIER). work to do to address the significant ting results, we need to come together Ms. SCHRIER. Mr. Speaker, I am so challenges, including stormwater run- and figure out how we clean up Puget proud to be standing on the floor today off and habitat loss and harmful algal Sound, how we get the salmon returns speaking in support of the PUGET SOS blooms that continue to threaten the improved, and, ultimately, how we all Act. The passage of the bill in this crown jewel of our region’s identity save the salmon. House is something that our State has and economy. That is why I am proud So, for those of us in eastern Wash- been collectively working toward for to see the House advance this critical ington, we often feel like some in the years. bill, which will bring to bear the co- State are looking to us. We want to I thank Representative HECK and ordinated Federal resources necessary lock arms and figure out how we actu- Representative KILMER and the other to save Puget Sound. ally make a difference, and one of Members of the Puget Sound Recovery If we are going to recover our salmon those is going to be cleaning up the Caucus for their leadership. and orca populations, if we are going to Puget Sound. The challenges facing our Sound are ensure future generations can dig for So, in eastern Washington, we have great and are compounded by our clams, if we are going to respect and been on the forefront of policy to en- State’s growth and climate change. uphold Tribal treaty rights, we need sure strong salmon runs and clean up Chinook populations remain far below the Federal Government to step up and our rivers and lakes. I represent the recovery goals, despite having been support the work already being done by city of Spokane, the second largest listed as threatened since 1999 under the State and Tribes and local commu- city in Washington State. the Endangered Species Act. nities and businesses that all depend on The people of the city of Spokane As the only member from Wash- a healthy Sound. We need all oars in have committed to over $300 million to ington State on the House Agricultural the water rowing in the same direction. clean up Spokane River so that we will Committee, I plan to use my position I am proud that, by passing this bill, no longer be dumping raw sewage. The to highlight the importance of respon- we will make meaningful progress to- mayor, David Condon, brought people sible farming practices, ecosystem reward those goals. together for an innovative water stor- covery, and riparian habitats. Mr. Speaker, I am not just here age system, and President Barack Mr. Speaker, the narrative that we speaking on this bill as a Representa- Obama brought him to the White can have farms or fish is false—we can tive, I am here today as a dad. If future House to celebrate and honor this inno- have both. State- and county-level generations, including my two little vative approach. agencies are also doing their part to girls, are going to have the opportuni- Inland Empire Paper Company has help both fish and farmers. ties to enjoy these treasures and to spent nearly a billion dollars on tech- The Washington State conservation build their livelihoods in our region, we nology to clean up and ensure that the Commission is doing some amazing

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.037 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H796 CONGRESSIONAL RECORD — HOUSE February 5, 2020 work in the agricultural world. Our Despite significant and nationally recognized Recovery Plans, the Coastal Nonpoint Pollu- conservation districts work statewide accomplishments, the rate of damage to Puget tion Control Program, and the Puget Sound to implement natural resource im- Sound still exceeds the rate of recovery. To Action Agenda. provement projects and build land- outpace mounting pollutants and other cas- Mr. Speaker, I am grateful to all stake- owner engagement and commitment. cading negative impacts, the next step in for- holders who have come together to advocate Just one example is the work that tifying the recovery system is to align Federal for the recovery and protection of Puget the Pierce County conservation Dis- recovery and protection efforts seamlessly Sound. The PUGET SOS Act is an important trict did when they partnered with with State, local, and Tribal investments, as step towards those goals, and I urge my col- local farmers to address management the Puget SOS Act would do. leagues to support its passage. practices and were able to have a sub- Water and air pollution, sediment contami- The SPEAKER pro tempore (Mr. stantial impact on the health of 278 nation, habitat loss and decline, and water KEATING). The question is on the mo- acres for shellfish harvesting. flow disruption continue to devastate the fish, tion offered by the gentlewoman from The Puget Sound needs protecting. marine mammal, bird, and shellfish popu- California (Mrs. NAPOLITANO) that the Other bodies of water like the Chesa- lations of Puget Sound, threatening local House suspend the rules and pass the peake Bay and the Great Lakes have economies, and Tribal treaty rights, and con- bill, H.R. 2247, as amended. formal program status under the Clean tributing to: The question was taken; and (two- Water Act, which helps ensure their Significant declines in the populations of thirds being in the affirmative) the consistent Federal funding. The Puget wild Chinook Salmon, Coho Salmon, Summer rules were suspended and the bill, as Sound and all of the wildlife in it de- Chum Salmon, Steelhead, and Pacific Herring, amended, was passed. A motion to reconsider was laid on serve the same status under the Clean which are essential food sources for humans, the table. Water Act. fish, seabirds, mammals, and other wildlife; It is shortsighted and irresponsible to Risks to the sustainability of fish arid- shell- f not fight for the Sound and its future. fish populations, and their food chains, repro- b 1345 We owe it to the species whose futures ductive cycles, and habitats, which also threat- CHESAPEAKE BAY PROGRAM are imperiled because of human activ- en Federal obligations to protect Tribal re- REAUTHORIZATION ACT ity. We owe it to our children and gen- sources, culture, traditions, and economies; erations we will never know. We abso- Marine species being listed as at-risk or vul- Mrs. NAPOLITANO. Mr. Speaker, I lutely must protect Puget Sound. nerable to extinction, according to State, Fed- move to suspend the rules and pass the Mr. MAST. Mr. Speaker, I am pre- eral, and provincial lists that identify the spe- bill (H.R. 1620) to amend the Federal pared to close. I urge support of this cies of Puget Sound and surrounding areas, Water Pollution Control Act to reau- important legislation, and I yield back including the iconic population of southern thorize the Chesapeake Bay Program, the balance of my time. resident Orca whales; as amended. Mrs. NAPOLITANO. Mr. Speaker, Sediment contaminated with toxic sub- The Clerk read the title of the bill. with all of the support from the Wash- stances—such as polychlorinated biphenyls The text of the bill is as follows: ington delegation, I urge my colleagues (PCBs), heavy metals (mercury), and oil H.R. 1620 to support the legislation, and I yield (grease)—polluting Puget Sound, threatening Be it enacted by the Senate and House of Rep- back the balance of my time. public health, and posing; significant dangers resentatives of the United States of America in Congress assembled, Mr. HECK. Mr. Speaker, several important to humans, fish, and wildlife; SECTION 1. SHORT TITLE. considerations underlie the purpose and intent Rivers and beaches failing to meet water This Act may be cited as the ‘‘Chesapeake of the Puget SOS Act. Puget Sound and its quality standards and becoming unsafe for Bay Program Reauthorization Act’’. tributary waters are one of the most eco- salmon, as well as business and recreational SEC. 2. REAUTHORIZATION OF CHESAPEAKE BAY logically diverse ecosystems in North America activities, such as fishing and swimming; PROGRAM. with natural resources that have ecological, The closing of shellfish beds from contami- Section 117(j) of the Federal Water Pollu- economic, and cultural importance to the nated pollution caused by sources such as tion Control Act (33 U.S.C. 1267(j)) is amend- United States and the many Tribal nations that stormwater and agricultural runoff; and ed by striking ‘‘$40,000,000 for each of fiscal have stewarded it for millennia. The health Mortalities and morbidity in shellfish due to years 2001 through 2005’’ and inserting ‘‘$90,000,000 for fiscal year 2021, $90,500,000 for and productivity of Puget Sound is not only the acidification of Puget Sound. fiscal year 2022, $91,000,000 for fiscal year the cornerstone of the region’s quality of life Puget Sound is a national treasure and its 2023, $91,500,000 for fiscal year 2024, and and vibrant economy, but its worldclass salm- recovery and protection will significantly con- $92,000,000 for fiscal year 2025’’. on fishery, commercial aquaculture, agri- tribute to the environmental, cultural, and eco- The SPEAKER pro tempore. Pursu- culture, and port activities ripple throughout nomic well-being of the United States and the ant to the rule, the gentlewoman from the Nation. many Tribal nations that have stewarded it for California (Mrs. NAPOLITANO) and the Threats to Puget Sound, such as water pol- millennia. gentleman from Michigan (Mr. MITCH- lution, sediment contamination, environmental The PUGET SOS Act underscores the rec- ELL) each will control 20 minutes. degradation, and habitat loss, jeopardize the ognition that Federal Government should align The Chair recognizes the gentle- economic productivity and natural resources its efforts and resources to fully implement woman from California. that support the increasing population of the and enforce the goals of the Federal Water GENERAL LEAVE region. For nearly a decade, State, local, and Pollution Control Act, including State imple- Mrs. NAPOLITANO. Mr. Speaker, I Tribal governments, cooperative partnerships, mentation of non-point source water quality ask unanimous consent that all Mem- and concerned citizens have worked together standards for salmon, the Endangered Spe- bers have 5 legislative days within in a deliberate and coordinated way to direct cies Act of 1973, and all other Federal laws which to revise and extend their re- and manage public resource allocation toward that contribute to the recovery and protection marks and include extraneous material habitat restoration, improving water quality and of Puget Sound. The Act also recognizes that on H.R. 1620, as amended. shellfish farms, and developing a body of sci- the Federal Government should uphold Fed- The SPEAKER pro tempore. Is there entific knowledge, all of which have advanced eral trust responsibilities to restore and protect objection to the request of the gentle- the Puget Sound recovery efforts. resources crucial to Tribal treaty rights—in- woman from California? Tribal governments with treaty-reserved cluding by carrying out government-to-govern- There was no objection. rights in the natural resources of Puget Sound ment consultation—as well as support re- Mrs. NAPOLITANO. Mr. Speaker, I have long served as co-managers of fishery gional, local, and Tribal efforts to address en- yield myself such time as I may con- resources, have engaged in Puget Sound vironmental challenges. sume. Partnership processes and public forums to The PUGET SOS Act is intended, among Mr. Speaker, I rise in support of H.R. encourage a holistic and scientific approach to other things, to ensure that the recovery and 1620. Introduced by the gentlewoman recovery efforts, and have continued in their protection programs, projects, and initiatives from Virginia (Mrs. LURIA), H.R. 1620 role as stewards of Puget Sound, including by that the Federal Government undertakes in, or authorizes the funding for the program engaging with multi-faceted restoration and that otherwise impact, Puget Sound shall be for the next five fiscal years, with in- protection actions, and are thus an indispen- actively coordinated and aligned with the pro- creased funding levels to better ad- sable, equal partner in all Puget Sound recov- tection of Tribal treaty rights and resources, vance Bay restoration protection ef- ery actions. the Treaty Rights at Risk Initiative, Salmon forts. This includes $90 million for the

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.038 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H797 upcoming fiscal year, incrementally of the Bay had been consistently improved HR 1132 would authorize a San Francisco rising to $92 million for fiscal year 2025. over the last decade, the 2018 State of the Bay Restoration Grant Program in EPA and Since its funding in 1983, EPA’s Bay Report showed that the health of the funding of up to $25m per year to support the Chesapeake Bay Program has been Bay declined over the past year due to an in- restoration of this estuary. credible amount of rainfall that greatly in- working toward improving the water creased the amount of nitrogen, phos- HR 1620—CHESAPEAKE BAY PROGRAM quality and ecosystem health of the phorous, sediment, and debris that flowed REAUTHORIZATION ACT single largest estuary in the U.S. into the Bay. Without a significant increase Reaching to six States, and the Dis- in funding for federal programs that help to Salt marshes are special places to birds restore the Bay, such as the EPA’s Chesa- and other wildlife, but sea level rise has ele- trict of Columbia, I might add, the Bay vated the waters in the Chesapeake Bay by is a cherished water and the number of peake Bay Program, this iconic waterbody will not be able to recover. one foot during the 20th century and is accel- people and local economies impacted Thank you for your consideration and we erating due to climate change. Salt marshes by its health make a program like this look forward to working with your sub- provide valuable ‘‘ecosystem services’’, in- very essential. committee to help increase funding in order cluding nurseries for the Chesapeake Bay’s However, as stakeholders noted in to conserve and restore our iconic commercially important fish, a buffer pro- our June 2019 hearing, the ecosystem waterbodies. tecting coastal communities against storm remains under major stress. The Bay is Respectfully, surge, a filter that stops nutrient and sedi- threatened by nutrient and sediment THEODORE ROOSEVELT ment pollution from entering the Bay, and a CONSERVATION PARTNERSHIP. loads from sources like agricultural recreational resource attracting visitors who runoff, wastewater treatment facili- contribute millions of dollars to local econo- AUDUBON, NATIONAL AND mies. Chesapeake Bay’s salt marshes host ties, land-use changes, urban INTERNATIONAL PROGRAMS, globally significant populations of both stormwater runoff and atmospheric September 18, 2019. Saltmarsh Sparrow and Black Rail. deposition. We must continue to Hon. PETER DEFAZIO, prioritize programs like the Chesa- Chairman, Committee on Transportation and HR 1620 would increase the authorization peake Bay Program and the protection Infrastructure, Washington, DC. of appropriations for the Chesapeake Bay Program to more than $90m per year. of our Nation’s water. This bill will Hon. SAM GRAVES, Ranking Member, Committee on Transportation support the continued cooperative ef- and Infrastructure, Washington, DC. HR 2247—PROMOTING UNITED GOVERNMENT EFFORTS TO SAVE OUR SOUND ACT forts of all involved to achieve the pro- Hon. GRACE NAPOLITANO, tection of the Chesapeake Bay. Chairwoman, Subcommittee on Water Resources Despite significant investments in Puget I would like to recognize several of and Environment, Washington, DC. Sound ecosystem health by state, federal, the bipartisan committee members co- Hon. BRUCE WESTERMAN, tribal and local governments, concerned sponsoring the bill, including the gen- Ranking Member, Subcommittee on Water Re- members of the public, and conservation or- tlewoman from the District of Colum- sources and Environment, Washington, DC. ganizations, progress towards ecosystem re- On behalf of the National Audubon Soci- covery targets remains slow. The number of bia (Ms. NORTON), the gentleman from ety’s more than 1 million members, our mis- marine birds wintering in Puget Sound has Maryland (Mr. BROWN), and the gen- sion is to protect birds and the places they tleman from Pennsylvania (Mr. need for today and tomorrow. We write to declined significantly in the last 30 years and FITZPATRICK), and also a former Mem- offer our support for the following bills re- migratory, fisheating birds appear to be at ber of Congress, God rest his soul, Mr. lated to important coastal and water con- the greatest risk. Cummings. servation issues that will be the subject of HR 2247 would authorize up to $50 million Mr. Speaker, I include in the RECORD the September 19, 2019 Markup before the in funding for Puget Sound recovery. The letters of support of H.R. 1620 from: Committee on Transportation and Infra- PUGET SOS Act also aligns federal agency structure Committee. Theodore Roosevelt Conservation Part- expertise and resources, ensuring that fed- HR 4031—GREAT LAKES RESTORATION INITIATIVE nership, the National Audubon Society, eral agencies are coordinated, setting goals, ACT OF 2019 and holding each other accountable will help Backcountry Hunters & Anglers, and The Great Lakes are home to 30 million increase their effectiveness and provide a the Chesapeake Bay Foundation. people and 350 species of birds, but increasing boost to Puget Sound recovery. SEPTEMBER 17, 2019. challenges are on the horizon for the world’s Hon. GRACE F. NAPOLITANO, largest body of freshwater. Fluctuating HR 3779—RESILIENCE REVOLVING LOAN FUND ACT Chairman, House Transportation and Infra- water levels exacerbated by climate change, OF 2019 structure Subcommittee on Water Resources invasive exotic species and excess nutrients Pre-disaster planning can help commu- and Environment, Washington, DC. are putting even more stress on this eco- nities adapt to the changing flood patterns Hon. BRUCE WESTERMAN, system that is so important for birds and that threaten people and birds species de- people. The Great Lakes Restoration Initia- Ranking Member, House Transportation and In- pendent on shoreline and riverine areas. frastructure Subcommittee on Water Re- tive has helped clean up toxic pollutants, These changes have led to more frequent in- sources and Environment, Washington, DC. protect wildlife by restoring critical habitat, stances of ‘‘nuisance flooding,’’ as well as DEAR CHAIRMAN NAPOLITANO AND RANKING and help combat devastating invasive spe- catastrophic events. NOAA has found that MEMBER WESTERMAN: The Theodore Roo- cies. sevelt Conservation Partnership (TRCP) is a HR 4031 would increase funding for con- ‘‘nuisance’’ or ‘‘sunny day’’ flooding is up national coalition of sportsmen, conserva- servation projects to $475 million over five 300% to 900% than it was 50 years ago. In ad- tion, and outdoor industry organizations years, by increasing the Great Lakes Res- dition, catastrophic flooding events have in- that seeks to ensure all Americans have ac- toration Initiative’s authorization incremen- creased in both frequency and intensity. cess to quality places to hunt and fish. We tally from $300 million per year to $475 mil- These trends have been particularly pro- partner with 60 hunting, fishing, and con- lion per year. nounced in the Northeast, Midwest and servation organizations to unite and amplify HR 1132—SAN FRANCISCO BAY RESTORATION ACT upper Great Plains, where the amount of pre- the voices of America’s more-than 40 million The San Francisco Bay Area, home to the cipitation in large rainfall events has in- sportsmen and women whose activities help Pacific Coast’s largest estuary, is also home creased more than 30 percent above the aver- sustain the $887-billion outdoor recreation to a rapidly growing population of 8 million age observed from 1901–1960. As sea level rise economy. people, and provides for a host of social and accelerates, it only exacerbates these im- Today, we write in support of the Chesa- economic values through ports and industry, pacts, which further compounds vulner- peake Bay Program Reauthorization Act agriculture, fisheries, archaeological and ability in flood-prone communities. (H.R. 1620). The legislation would reauthorize cultural sites, recreation, and research. How- HR 3779 would amend the 1988 Stafford Act the Chesapeake Bay Program and increase ever, San Francisco Bay has lost 90% of its to offer low-interest loans to states for ‘‘dis- its authorized funding level to $90,000,000 for tidal wetlands and more than 50% of its aster mitigation projects’’, including invest- fiscal year 2020 and then increase its author- eelgrass and mudflat habitat. Climate ments in natural infrastructure projects, ized funding level by half a million dollars change exacerbates these conditions through which would help communities prepare and each year through fiscal year 2024. The drought that alters the salinity balance, recover from natural disasters. Chesapeake Bay Program provides critical ocean acidification that reduces species federal investment, which is then leveraged abundance and diversity, increasing water We urge you to support and advance the several-fold by state and local dollars, to im- temperatures, and rising seas causing flood- bills listed above. Please feel free to contact prove the quality of water and wetlands ing that eliminates living shorelines and us with any questions. habitat in the Bay watershed. puts communities at risk. Many species of Sincerely, The Chesapeake Bay Program is important waterbirds forage in the San Francisco Bay, JULIE HILL-GABRIEL, to the continued conservation and restora- including Brant Geese and Surf Scoters, un- Vice President, Water Conservation, tion of the Chesapeake Bay. While the health derscoring the value of this ecosystem. National Audubon Society.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.041 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H798 CONGRESSIONAL RECORD — HOUSE February 5, 2020 BACKCOUNTRY HUNTERS & ANGLERS, over the next five years. This demonstrates Program coordinates regional con- Missoula, MT, September 18, 2019. Congress’s continued bipartisan commit- servation efforts, but Congress has not Hon. PETER DEFAZIO, ment to restoring the Bay and acknowledges reauthorized this critical program Chairman, House Transportation & Infrastruc- the accelerated efforts that are needed to en- since 2005. ture Committee, Washington, DC. sure that the requirements of the Blueprint Thanks to innovative partnerships Hon. SAM GRAVES, are met by 2025. Ranking Member, House Transportation & In- This is essential at this critical juncture. between local, State, and Federal agen- frastructure Committee, Washington, DC. The partnership has proven to be effective: cies and NGOs, the health of the Bay DEAR CHAIRMAN DEFAZIO AND RANKING dead zones are getting smaller; bay grasses has improved in recent years. But this MEMBER GRAVES: On behalf of Backcountry are rebounding; oyster restoration is under- progress is fragile, and unless Congress Hunters & Anglers (BHA), the fastest grow- way; and local economies are improving. acts, we risk losing these gains. ing organization that represents sportsmen However, the Bay is facing new challenges In 2014, all States within the Chesa- and women in North America, I encourage due to threats from the impacts of climate peake Bay Watershed and the District you to support House Transportation & In- change, increased loads from the Conowingo frastructure Committee and floor passage of Dam, regulatory rollbacks, and shortfalls in of Columbia signed the Chesapeake Rep. Elaine Luria’s (D–VA) Chesapeake Bay funding (including the over $320 Million an- Bay Watershed Agreement. This part- Program Reauthorization Act (H.R. 1620) and nual shortfall identified by Pennsylvania in nership committed these States to Rep. David Joyce’s (R–OH) Great Lakes Res- its latest Watershed Implementation Plan). work together and with the EPA to put toration Initiative Act (H.R. 4031). Simply stated, there is still significant work in place all the necessary conservation Over the last decade the health of the to be done and the leadership role of the fed- practices by 2025. Bay’s ecosystem has improved. However, eral government and the Executive Council Part of this agreement includes set- with increased rainfall in the region and the at this stage is paramount. Passing H.R. amount of sediment, phosphorous, debris and ting a limit, called the Total Maximum 1620, and its companion bill, S. 701, will be an Daily Load, or TMDL, on pollution nitrogen eroding into the Chesapeake water- important piece to ensure that the Bay juris- shed, the water quality is on the decline. dictions fulfill their obligations under the from chemicals like nitrogen and phos- H.R. 1620 reauthorizes an important con- Blueprint. phorus. servation and restoration program that safe- We look forward to working with you and The EPA’s Chesapeake Bay Program guards the Chesapeake Bay watershed and your fellow cosponsors to pass this vital bi- supports the work of States in meeting increases the funding level to $90 million for partisan legislation. Again, thank you for their commitments under this agree- fiscal year 2020 and grows by $500,000 each your leadership on this issue. ment. Funding for the Bay program year until fiscal year 2024. Lawmakers fund- Sincerely, ed the Chesapeake Bay Program at $73 mil- goes directly to localities to improve WILL BAKER, local conservation efforts. lion annually for the past few years. The ad- President & CEO. ditional funds will restore the health of the By passing the Chesapeake Bay Pro- Bay and boost the regional economy that de- Mrs. NAPOLITANO. Mr. Speaker, I gram Reauthorization Act, Congress pends on it for agricultural and outdoor reserve the balance of my time. will reaffirm that all States in the wa- recreation opportunities. Mr. MITCHELL. Mr. Speaker, I yield tershed and the EPA must work to- The second bill, H.R. 4031 reauthorizes myself such time as I may consume. gether to achieve these restoration funding to conserve and restore the Great Mr. Speaker, I rise in support of H.R. Lakes, the largest bodies of fresh water in goals. This includes ensuring that all 1620, the Chesapeake Bay Program Re- States have plans in place to comply the world by incremental increases of $25 authorization Act. million annually until fiscal year 2026. The with the TMDL and all other necessary Great Lakes Restoration Initiative is a suc- H.R. 1620 represents good governance conservation goals. cessful program that strategically targets to reauthorize the Chesapeake Bay I want to thank my friends and col- critical areas through multiple action plans Program and passed out of the com- leagues on both sides of the aisle, Con- and public input. Increasing funds will fur- mittee with strong bipartisan support. gressman BOBBY SCOTT, Congressman thermore expand fish and habitat rehabilita- The Chesapeake Bay watershed is one ROB WITTMAN, and Congressman JOHN tion and implement collaborative projects of the largest estuaries in the United SARBANES for working with me to between federal, state and local stake- States, covering 64,000 square miles; is holders. achieve this bipartisan victory for the The Chesapeake Bay and Great Lakes pro- home to more than 18 million people; Bay. grams provide necessary federal investments hosts two major ports as major inter- I also thank Chairwoman NAPOLI- that leverage state and local dollars to im- national gateways for trade; and pro- TANO and Ranking Member WESTERMAN prove water quality and fish and wildlife duces about 500 million pounds of sea- for their support in bringing this bill to habitat for Canada geese, speckled trout and food each year, some of which I enjoyed the floor. other game species. BHA believes H.R. 1620 just the other day. Mr. Speaker, I urge my colleagues to and H.R. 4031 are essential to the health of I want to thank Members for their support this critical bill. fish and wildlife and the general public who continued support for the restoration depend on clean water for agriculture and Mr. MITCHELL. Mr. Speaker, I yield municipal needs at home. of the Chesapeake Bay, including Mr. such time as he may consume to the Thank you for the opportunity to express WITTMAN of Virginia, Mr. RIGGLEMAN of gentleman from Virginia (Mr. WITT- our support for the Chesapeake Bay Program Virginia, and Mr. FITZPATRICK of Penn- MAN). Reauthorization Act and the Great Lakes sylvania. I know this issue is very im- Mr. WITTMAN. Mr. Speaker, I rise in Restoration Initiative Act. We look forward portant to their districts, their con- support today of H.R. 1620, the Chesa- to working with you to advance the legisla- stituencies, and to the entire region peake Bay Program Reauthorization tion through the House. and, frankly, the Nation. Act, that will extend and fund the En- Sincerely, Mr. Speaker, I urge support of this JOHN W. GALE, vironmental Protection Agency’s Conservation Director, legislation, and I reserve the balance of Chesapeake Bay Program until 2024. Backcountry Hunters & Anglers. my time. I am proud to have joined my col- Mrs. NAPOLITANO. Mr. Speaker, I leagues from the Chesapeake Bay Wa- CHESAPEAKE BAY FOUNDATION, yield 5 minutes to the gentlewoman tershed, Representatives ELAINE LURIA, Annapolis, MD, November 5, 2019. from Virginia (Mrs. LURIA), the lead BOBBY SCOTT, and JOHN SARBANES in Hon. ELAINE LURIA, sponsor. introducing this important legislation. House of Representatives, Mrs. LURIA. Mr. Speaker, I rise The Chesapeake Bay is, indeed, a na- Washington, DC. DEAR CONGRESSWOMAN LURIA: Thank you today in support of my bill, the Chesa- tional treasure and a centerpiece of the for sponsoring H.R. 1620, the Chesapeake Bay peake Bay Program Reauthorization culture and economy of many commu- Program Reauthorization Act. As the pre- Act. This bipartisan bill will reauthor- nities in Virginia and neighboring eminent organization dedicated to Saving ize $455 million for the Chesapeake Bay States. the Bay, we’re proud to support this legisla- Program over the next 5 years. A clean and healthy Bay is the right tion. As you know, the Chesapeake Bay Pro- The Chesapeake Bay is one of our Na- thing to do for future generations, but gram is the glue that holds the Chesapeake tion’s greatest national treasures. It it will also support local economies and Bay Clean Water Blueprint together and pro- helps generate $33 billion in economic vides essential oversight to ensure that all provide numerous other economic and are doing their part. value annually and is home to spectac- quality-of-life benefits. H.R. 1620 reauthorizes this program and ular natural beauty and ecological di- The commercial seafood industry provides a steady annual increase in funding versity. The EPA’s Chesapeake Bay alone employs 34,000 in Virginia and

VerDate Sep 11 2014 03:56 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.021 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H799 Maryland and generates $3.4 billion in Mr. Speaker, I urge everyone to A motion to reconsider was laid on sales. think of what Mr. WITTMAN and our the table. A clean and healthy Bay also sup- colleagues on the other side of the aisle f ports a vibrant tourism and outdoor stated; that this Chesapeake Bay, it is GREAT LAKES RESTORATION recreational industry. These industries a tremendous resource to our Nation, INITIATIVE ACT OF 2019 in the watershed support over 820,000 recreational opportunities, the ship- jobs and $13 billion in income. ping opportunities in it, never mind Mrs. NAPOLITANO. Mr. Speaker, I EPA’s Chesapeake Bay Program does the wonderful seafood. move to suspend the rules and pass the important work in partnership with I urge support of this bipartisan piece bill (H.R. 4031) to amend the Federal Bay States to control pollution and of legislation by all Members, and I Water Pollution Control Act to reau- manage nutrient runoff into the rivers yield back the balance of my time. thorize the Great Lakes Restoration feeding into the Bay. Mrs. NAPOLITANO. Mr. Speaker, I Initiative, and for other purposes. Through the Chesapeake Bay Pro- yield myself the balance of my time. The Clerk read the title of the bill. gram, we see the overall health of the I am glad that this bill gets bipar- The text of the bill is as follows: Bay has improved significantly over tisan support from Members of Con- H.R. 4031 the last 30 years. We are seeing better gress and I intend to support the bill. I Be it enacted by the Senate and House of Rep- water quality, more rockfish, more urge all my colleagues to support it. resentatives of the United States of America in blue crabs, more oysters, and the list I yield back the balance of my time. Congress assembled, goes on and on. Mr. SCOTT of Virginia. Mr. Speaker, I rise SECTION 1. SHORT TITLE. However, without continued collabo- today in support of H.R. 1620, the Chesa- This Act may be cited as the ‘‘Great Lakes ration among stakeholders and Federal peake Bay Program Reauthorization Act. I Restoration Initiative Act of 2019’’ or the support, progress in the Bay is indeed commend my colleague and fellow Virginian, ‘‘GLRI Act of 2019’’. threatened. With today’s actions, we Congresswoman ELAINE LURIA, for introducing SEC. 2. GREAT LAKES RESTORATION INITIATIVE this bill which will further the Chesapeake REAUTHORIZATION. are one step closer to ensuring that the Section 118(c)(7)(J)(i) of the Federal Water Chesapeake Bay remains the economic Bay’s ongoing restoration. As a co-chair of the Pollution Control Act (33 U.S.C. foundation of our region that will be bipartisan Chesapeake Bay Task Force, I rec- 1268(c)(7)(J)(i)) is amended— enjoyed for generations to come. ognize the critical role that the Environmental (1) by striking ‘‘is authorized’’ and insert- We all enjoy the Bay, whether we are Protection Agency (EPA) and it’s Chesapeake ing ‘‘are authorized’’; in the Bay watershed or outside the Bay Program play in coordinating the multi- (2) by striking the period at the end and in- Bay watershed. It really is, indeed, a state restoration effort. I am proud to be an serting a semicolon; national treasure. original cosponsor of this legislation. (3) by striking ‘‘this paragraph $300,000,000’’ If you look and think about the Bay, Deterioration of the Bay and how to best ad- and inserting the following: ‘‘this para- dress the problem has been a concern for al- graph— the workboats that you see there on a ‘‘(I) $300,000,000’’; and daily basis, the great way of life of most half a century. While serving as a mem- (4) by adding at the end the following: folks in these waterside communities, ber of the Virginia House of Delegates, I was ‘‘(II) $375,000,000 for fiscal year 2022; it really is, I think, incumbent upon all part of a joint Virginia-Maryland legislative ad- ‘‘(III) $400,000,000 for fiscal year 2023; of us to work hard and make sure we visory commission focused on determining ‘‘(IV) $425,000,000 for fiscal year 2024; continue, not just to preserve the Bay, what actions were necessary to address Bay ‘‘(V) $450,000,000 for fiscal year 2025; and but make sure we see the Bay improve issues. We concluded that restoring the Bay ‘‘(VI) $475,000,000 for fiscal year 2026.’’. in water quality. would require more than just Virginia and The SPEAKER pro tempore. Pursu- It plays an important role in my fam- Maryland, but rather, the collaboration of the ant to the rule, the gentlewoman from ily. My son is a commercial fisherman, entire 64,000 square-mile watershed. California (Mrs. NAPOLITANO) and the what we call in our area, a waterman, The EPA’s Chesapeake Bay Program, gentleman from Michigan (Mr. MITCH- so he lets me know on a daily basis which was created during the Reagan Admin- ELL) each will control 20 minutes. what is right and what is not right istration and ratified by Congress in 1987, fa- The Chair recognizes the gentle- with the Chesapeake Bay, and encour- cilitates the cooperation between the water- woman from California. ages me to make sure we are doing ev- shed states and the federal government to re- GENERAL LEAVE erything we can to continue as good store the Bay. Re-authorization of the critical Mrs. NAPOLITANO. Mr. Speaker, I stewards of that fantastic resource, to Chesapeake Bay Program is long overdue. ask unanimous consent that all Mem- make sure it continues to provide for Increases in underwater grasses and the bers may have 5 legislative days within those people that make their living off blue crab population indicate our efforts are which to revise and extend their re- of the water; but also provides for the working, however more resources and contin- marks and include extraneous material quality of life of those folks that live ued coordination efforts are necessary to en- on H.R. 4031. in the watershed, and continues to be a sure that these gains are maintained and that The SPEAKER pro tempore. Is there national treasure. the Chesapeake Bay is protected. The Total objection to the request of the gentle- Even today under the stress, it is, in- Maximum Daily Load, sometimes referred to woman from California? deed, one of the most productive water as a ‘‘pollution diet,’’ was established in 2010 There was no objection. bodies in the entire world. If we con- and is a key part of the EPA’s Chesapeake Mrs. NAPOLITANO. Mr. Speaker, I tinue on this path of improving the Bay Program and the EPA’s role in estab- yield myself such time as I may con- water quality there, I believe it can be lishing and enforcing those limits are an es- sume. even more productive and provide even sential part of the ongoing restoration process. H.R. 4031 would reauthorize Federal more economic value, as well as just The Chesapeake Bay is a national commer- appropriations for EPA’s Great Lakes that intrinsic value that it provides to cial, recreational, ecological treasure and we Restoration Initiative. all of us; not just those in the water- have a moral responsibility to preserve it. I Introduced by the gentleman from shed but to us as a Nation. commend the Committee on Transportation Ohio (Mr. JOYCE), H.R. 4031 authorizes I urge my colleagues to join me in and Infrastructure for reporting this bill favor- total appropriations of approximately supporting this measure and con- ably to the full House and I urge my col- $2.5 billion over the next 5 years for tinuing the vital work of saving the leagues to support this bill. restoration efforts under EPA’s GLRI Chesapeake Bay. The SPEAKER pro tempore. The program. The wide support for this bi- Mrs. NAPOLITANO. Mr. Speaker, I question is on the motion offered by partisan program is evidenced by the wish to inquire if my colleague is ready the gentlewoman from California (Mrs. diversity of cosponsors of the bill, in- to close. NAPOLITANO) that the House suspend cluding many of the committee mem- Mr. MITCHELL. Mr. Speaker, I am the rules and pass the bill, H.R. 1620, as bers, such as Mr. GIBBS, Mr. CARSON, ready to close. amended. Mr. KATKO, Mr. MITCHELL, Mr. GALLA- Mrs. NAPOLITANO. Mr. Speaker, I The question was taken; and (two- GHER, and Mr. STAUBER. reserve the balance of my time. thirds being in the affirmative) the The Great Lakes region encompasses Mr. MITCHELL. Mr. Speaker, I yield rules were suspended and the bill, as eight different States and is home to myself the balance of my time. amended, was passed. more than 30 million people. These

VerDate Sep 11 2014 04:19 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.042 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H800 CONGRESSIONAL RECORD — HOUSE February 5, 2020 waters are a national treasure and con- between federal, state and local stake- waterbirds forage in the San Francisco Bay, tain 84 percent of the fresh water of all holders. including Brant Geese and Surf Scoters, un- North America. The Chesapeake Bay and Great Lakes pro- derscoring the value of this ecosystem. grams provide necessary federal investments As a Representative of a State where HR 1132 would authorize a San Francisco that leverage state and local dollars to im- Bay Restoration Grant Program in EPA and the availability of water is always, al- prove water quality and fish and wildlife ways an issue, I recognize why the funding of up to $25m per year to support the habitat for Canada geese, speckled trout and restoration of this estuary. Great Lakes Members are so devoted to other game species. BHA believes H.R. 1620 protecting the water supply. So are we. and H.R. 4031 are essential to the health of HR 1620—CHESAPEAKE BAY PROGRAM Congress needs to renew its commit- fish and wildlife and the general public who REAUTHORIZATION ACT ment to these types of programs which depend on clean water for agriculture and Salt marshes are special places to birds protect and restore our Nation’s water. municipal needs at home. and other wildlife, but sea level rise has ele- Thank you for the opportunity to express vated the waters in the Chesapeake Bay by We all know the current challenges our support for the Chesapeake Bay Program facing our States to protect our water one foot during the 20th century and is accel- Reauthorization Act and the Great Lakes erating due to climate change. Salt marshes resource, including harmful effects of Restoration Initiative Act. We look forward algal blooms. Many of our States are provide valuable ‘‘ecosystem services’’, in- to working with you to advance the legisla- cluding nurseries for the Chesapeake Bay’s dealing with these challenges as we tion through the House. commercially important fish, a buffer pro- speak, and the Great Lakes are no ex- Sincerely, tecting coastal communities against storm OHN W. GALE, ception. One such bloom in 2014 forced J surge, a filter that stops nutrient and sedi- a drinking water ban that affected half Conservation Director, ment pollution from entering the Bay, and a Backcountry Hunters & Anglers. a million people. recreational resource attracting visitors who contribute millions of dollars to local econo- The Great Lakes Restoration Initia- AUDUBON, NATIONAL AND mies. Chesapeake Bay’s salt marshes host tive has been a critical tool for EPA INTERNATIONAL PROGRAMS, globally significant populations of both and Great Lakes States to address on- September 18, 2019. Saltmarsh Sparrow and Black Rail. going challenges on local water qual- Hon. PETER DEFAZIO, ity, including algal blooms. So H.R. Chairman, Committee on Transportation and HR 1620 would increase the authorization Infrastructure, Washington, DC. of appropriations for the Chesapeake Bay 4031 is necessary to support these ef- Program to more than $90m per year. forts. Hon. SAM GRAVES, I urge all Members to support this Ranking Member, Committee on Transportation HR 2247—PROMOTING UNITED GOVERNMENT and Infrastructure, Washington, DC. EFFORTS TO SAVE OUR SOUND ACT very bipartisan bill to continue efforts Hon. GRACE NAPOLITANO, for rehab on our precious Great Lakes. Chairwoman, Subcommittee on Water Resources Despite significant investments in Puget Mr. Speaker, I include in the RECORD and Environment, Washington, DC. Sound ecosystem health by state, federal, letters of support from: Backcountry Hon. BRUCE WESTERMAN, tribal and local governments, concerned Hunters & Anglers, the National Audu- Ranking Member, Subcommittee on Water Re- members of the public, and conservation or- bon Society, and Healing Our Waters sources and Environment, Washington, DC. ganizations, progress towards ecosystem recovery targets remains slow. The number of Great Lakes Coalition. On behalf of the National Audubon Soci- ety’s more than 1 million members, our mis- marine birds wintering in Puget Sound has BACKCOUNTRY HUNTERS & ANGLERS, sion is to protect birds and the places they declined significantly in the last 30 years and Missoula, MT, September 18, 2019. need for today and tomorrow. We write to migratory, fisheating birds appear to be at Hon. PETER DEFAZIO, offer our support for the following bills re- the greatest risk. Chairman, House Transportation & Infrastruc- lated to important coastal and water con- HR 2247 would authorize up to $50 million ture Committee, Washington, DC. servation issues that will be the subject of in funding for Puget Sound recovery. The Hon. SAM GRAVES, the September 19, 2019 Markup before the PUGET SOS Act also aligns federal agency Ranking Member, House Transportation & In- Committee on Transportation and Infra- expertise and resources, ensuring that fed- frastructure Committee, Washington, DC. structure Committee. eral agencies are coordinated, setting goals, DEAR CHAIRMAN DEFAZIO AND RANKING HR 4031—GREAT LAKES RESTORATION INITIATIVE and holding each other accountable will help MEMBER GRAVES: On behalf of Backcountry ACT OF 2019 increase their effectiveness and provide a Hunters & Anglers (BHA), the fastest grow- boost to Puget Sound recovery. ing organization that represents sportsmen The Great Lakes are home to 30 million and women in North America, I encourage people and 350 species of birds, but increasing HR 3779—RESILIENCE REVOLVING LOAN FUND ACT you to support House Transportation & In- challenges are on the horizon for the world’s OF 2019 largest body of freshwater. Fluctuating frastructure Committee and floor passage of Pre-disaster planning can help commu- Rep. Elaine Luria’s (D–VA) Chesapeake Bay water levels exacerbated by climate change, invasive exotic species and excess nutrients nities adapt to the changing flood patterns Program Reauthorization Act (H.R. 1620) and that threaten people and birds species de- Rep. David Joyce’s (R–OH) Great Lakes Res- are putting even more stress on this ecosystem that is so important for birds and pendent on shoreline and riverine areas. toration Initiative Act (H.R. 4031). These changes have led to more frequent in- Over the last decade the health of the people. The Great Lakes Restoration Initia- tive has helped clean up toxic pollutants, stances of ‘‘nuisance flooding,’’ as well as Bay’s ecosystem has improved. However, catastrophic events. NOAA has found that with increased rainfall in the region and the protect wildlife by restoring critical habitat, and help combat devastating invasive spe- ‘‘nuisance’’ or ‘‘sunny day’’ flooding is up amount of sediment, phosphorous, debris and 300% to 900% than it was 50 years ago. In ad- nitrogen eroding into the Chesapeake water- cies. HR 4031 would increase funding for condition, catastrophic flooding events have in- shed, the water quality is on the decline. creased in both frequency and intensity. H.R. 1620 reauthorizes an important conservation projects to $475 million over five These trends have been particularly pro- servation and restoration program that safe- years, by increasing the Great Lakes Res- nounced in the Northeast, Midwest and guards the Chesapeake Bay watershed and toration Initiative’s authorization incremen- upper Great Plains, where the amount of pre- increases the funding level to $90 million for tally from $300 million per year to $475 mil- cipitation in large rainfall events has in- fiscal year 2020 and grows by $500,000 each lion per year. creased more than 30 percent above the aver- year until fiscal year 2024. Lawmakers fund- HR 1132—SAN FRANCISCO BAY RESTORATION ACT age observed from 1901–1960. As sea level rise ed the Chesapeake Bay Program at $73 mil- The San Francisco Bay Area, home to the accelerates, it only exacerbates these im- lion annually for the past few years. The ad- Pacific Coast’s largest estuary, is also home pacts, which further compounds vulner- ditional funds will restore the health of the to a rapidly growing population of 8 million ability in flood-prone communities. Bay and boost the regional economy that de- people, and provides for a host of social and pends on it for agricultural and outdoor economic values through ports and industry, HR 3779 would amend the 1988 Stafford Act recreation opportunities. agriculture, fisheries, archaeological and to offer low-interest loans to states for ‘‘dis- The second bill, H.R. 4031 reauthorizes cultural sites, recreation, and research. How- aster mitigation projects’’, including invest- funding to conserve and restore the Great ever, San Francisco Bay has lost 90% of its ments in natural infrastructure projects, Lakes, the largest bodies of fresh water in tidal wetlands and more than 50% of its which would help communities prepare and the world by incremental increases of $25 eelgrass and mudflat habitat. Climate recover from natural disasters. million annually until fiscal year 2026. The change exacerbates these conditions through We urge you to support and advance the Great Lakes Restoration Initiative is a suc- drought that alters the salinity balance, bills listed above. Please feel free to contact cessful program that strategically targets ocean acidification that reduces species us with any questions. critical areas through multiple action plans abundance and diversity, increasing water Sincerely, and public input. Increasing funds will fur- temperatures, and rising seas causing flood- JULIE HILL-GABRIEL, thermore expand fish and habitat rehabilita- ing that eliminates living shorelines and Vice President, Water Conservation, tion and implement collaborative projects puts communities at risk. Many species of National Audubon Society.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.045 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H801 HEALING OUR WATERS, GREAT LAKES and urge House leadership to bring the bill GLRI investments have delivered COALITION, to the floor for a vote. great outcomes, but there is more work December 3, 2019. Sincerely, to be done to protect our Great Lakes, Hon. NANCY PELOSI, LAURA RUBIN, including stopping the spread of Speaker, House of Representatives, Director. Washington, DC. invasive species, like Asian carp; pro- Mrs. NAPOLITANO. Mr. Speaker, I tecting our drinking water, a critical DEAR SPEAKER PELOSI: On behalf of the reserve the balance of my time. Healing Our Waters-Great Lakes Coalition, I and urgent need; and restoring habitat write to urge the House of Representatives b 1400 loss. to bring to the floor for consideration H.R. Mr. MITCHELL. Mr. Speaker, I yield I have advocated for GLRI since I ar- 4031, the Great Lakes Restoration Initiative myself such time as I may consume. rived here and recently spoke with the Act of 2019, before the end of the year. The I rise in support of H.R. 4031. H.R. President about the importance of the bill, which is led by Reps. David Joyce and Great Lakes Restoration Initiative. It Marcy Kaptur, has broad bipartisan support 4031 is a critical bill to reauthorize the Great Lakes Restoration Initiative, an is crucial that Congress continues to with 50 cosponsors almost evenly divided and authorize this program that protects was unanimously supported in the Transpor- initiative near and dear to my heart tation & Infrastructure Committee in Sep- and the Great Lakes Caucus. and restores the Great Lakes. It, like tember. The Great Lakes define our region’s The Great Lakes, as was noted, is the many other estuaries we have talked way of life, provide drinking water for over largest system of fresh surface water in about today, is a national treasure 30 million Americans, and is at the heart of the world. The GLRI, as it is known, that our country relies on for drinking a binational economy that is the 3rd largest has been a catalyst for unprecedented water, commerce, and more. in the world. The Great Lakes Restoration Mr. Speaker, H.R. 4031 offers a partnership between Federal, State, Initiative has been restoring these waters chance to continue this support. I urge and local agencies for years to improve and protecting the health and well-being of all of my colleagues to support this the ecosystem, to improve water qual- those that rely on them. bill, and I reserve the balance of my ity, and to support the economy of the H.R. 4031 reauthorizes the successful Great time. Lakes Restoration Initiative and helps meet entire Great Lakes region and the Na- Mrs. NAPOLITANO. Mr. Speaker, I the on-the-ground needs of communities by tion. yield 2 minutes to the gentleman from increasing the annual authorization over five H.R. 4031 has broad and bipartisan years to $475 million. Over the past decade Illinois (Mr. GARCI´A). support with nearly 50 cosponsors, and Mr. GARCI´A of Illinois. Mr. Speaker, the GLRI has improved lives across Great I am proud to be one of those cospon- Lakes communities after decades of environ- I thank the gentlewoman for yielding. mental damage threatened public health, the sors. I thank our Members for contin- Mr. Speaker, I thank Representative regional economy, and drinking water. The ued support for the restoration of our JOYCE and Chairwoman NAPOLITANO for GLRI has allowed the 8–state region to un- Great Lakes. This issue is very impor- their leadership on this matter. I rise dertake one of the world’s largest freshwater tant to my district and many other today in support of the Great Lakes ecosystem restoration projects. Since its in- Members’ districts in our Congress Restoration Initiative Act to protect ception, the initiative has resulted in eco- here. and improve the health of the Great nomic returns of more than 3 to 1 across the The Great Lakes have an incredible region and made tremendous progress. For Lakes and directly benefit the sur- impact on our region’s way of life that rounding region. example, the GLRI has: cannot be overstated. At one point in Tripled the delisting of areas with extreme I hail from Chicago and the Nation’s degradation (Areas of Concern or AOCs) time when I was younger, we actually gold coast along Lake Michigan. We Increased the remediation of environ- had a license plate that called Michi- know how important a healthy Great mental and public health impairments near- gan the Water Wonderland because of Lakes system is. Lake Michigan is not ly sevenfold the importance of the Great Lakes on only Chicago’s primary drinking water Doubled farmland acres under conserva- our State. source, it is part of the largest fresh- tion, reducing nutrient and sediment runoff States all along the Great Lakes rely water source in the world, our beloved Invested in critical research and fore- on them as a freshwater resource, a Great Lakes. Lake Michigan is a tre- casting of toxic algal blooms driver of our local and national econ- mendous recreational resource and eco- Controlled and stopped the advance of omy, and a world-renowned recreation invasive species nomic asset for Chicago and the State Restored habitat connectivity to over 5,250 destination. It impacts from Minnesota of Illinois. river miles all the way to New York. Longstanding concerns, like the po- Even with these results, there is still much In my home State of Michigan, we tential of Asian carp migrating into work to be done. Two-thirds of beneficial use have the most Great Lakes shoreline of the lake, underscore the importance of impairments remain untreated across 19 any State, with more than 3,000 miles advancing this important legislation. AOCs, placing the health of communities at of our State shaped by four of the five This bill will support many projects risk. Drinking water and coastal economies Great Lakes. My district is nearly sur- important to the region. Chicago pub- remain under threat from toxic algal blooms rounded by the Great Lakes system. lic schools, for example, were able to that have shut down entire water systems, as The projects that the GLRI makes install green infrastructure and new was seen in Toledo, Ohio in 2014. Invasive possible have a proven track record of species, like Asian Carp, are knocking at the community space at four elementary door of the lakes and threaten its $7 billion success and impact in our commu- schools. The project added 1.2 million fishery. Moreover, emerging contaminants nities. gallons of onsite stormwater storage and a changing climate continue to exacer- Take the Marysville shoreline in capacity to reduce stormwater runoff bate the challenges we face, many of which Michigan’s 10th District, my home dis- throughout Chicago. disproportionately impact people that have trict, as an example. The GLRI pro- In Beach Park, Illinois, a project historically borne the brunt of environ- vided the funds to remove a failing sea- helped stabilize and protect streambed mental injustice. This underscores the ur- wall and replace it with a natural, slop- habitat. This, in turn, reduced nutrient gency for the GLRI to address these growing ing shore. pollution, sediment runoff, and in- threats by working to ensure restoration in- Additionally, further south of my vestments lead to equitable outcomes for ev- creased water quality in both Bull eryone in the region. district, the restoration of wetlands in Creek and Lake Michigan. The GLRI has been an environmental and the Harsens Island area provided habi- This bill will provide a much-needed economic success, but much work remains. tat for waterfowl and fish that had increase in funding for the Great Lakes The region stands ready to continue this im- been destroyed over the years. Restoration Initiative to support the portant federal partnership and ensure that These projects resulted in the cre- continued restoration of coastal wet- all benefit from and enjoy these investments ation of jobs in the region, habitat res- lands, the preservation of water qual- in restoration and protection. toration for wildlife, and a pathway for ity, and the control of invasive species. Since 2004, the Healing Our Waters-Great people to walk along the river or the H.R. 4031 will protect the Great Lakes Coalition has been harnessing the col- lake, to view and enjoy it. This is one Lakes for future generations. I urge my lective power of more than 160 non-governmental organizations representing millions of the countless examples that high- colleagues to support this legislation. I of people, whose common goal is to restore lights the importance of the GLRI for thank Chairwoman NAPOLITANO and and protect the Great Lakes. We are pleased Great Lakes communities like mine Representative JOYCE for advancing to offer our support for this much-needed bill and throughout the region. this important measure.

VerDate Sep 11 2014 04:19 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.032 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H802 CONGRESSIONAL RECORD — HOUSE February 5, 2020 Mr. MITCHELL. Mr. Speaker, I yield like Mentor, Ashtabula, and Conneaut, Several years ago, when I was chair- 3 minutes to the gentleman from Ohio Ohio. man of the subcommittee with juris- (Mr. JOYCE). Simply put, without the GLRI, crit- diction, we had some concerns, so in Mr. JOYCE of Ohio. Mr. Speaker, I ical environmental restoration activi- our oversight responsibility and to pro- thank the gentleman for yielding. I ties and strong economic growth would tect taxpayer dollars, I requested the rise today in support of my bill, the never have happened. The bill is a GAO do a study of this program, and it Great Lakes Restoration Initiative Act great example of the progress we can came back with an excellent return. of 2019. make when we work together to ad- That is why I think we are getting First, I thank Congresswoman MARCY dress the issues facing our commu- some of these returns about what is KAPTUR and the 48 other Members from nities. going on. Also, it is important that both sides of the aisle who cosponsored While we have made progress in our that study gave us some helpful ideas this important legislation. These Mem- efforts to address nearshore health, to improve the program. We are seeing bers come from each of the eight Great invasive species, toxic substances, and that today, and the program is working Lakes States, and they have been in- wildlife habitat, much more work re- very well. strumental in advancing this bill to mains to be done to protect the Great I feel good that we did that study, the House floor. Lakes. That is why I urge my col- and we know what is going on. We I also thank my colleagues on the leagues to join me in supporting H.R. know the taxpayer dollars are pro- Transportation and Infrastructure 4031, working across party lines to protected, and we did our oversight role. Committee who unanimously sup- tect the invaluable natural resource Ohio is home to many important ported the GLRI Act of 2019 during its and economic powerhouse that is the projects funded by the Great Lakes markup back in September. Great Lakes system. Restoration Initiative: State commis- I cherish my memories growing up on Mrs. NAPOLITANO. Mr. Speaker, I sions to reduce phosphorous, Asian the shores of Lake Erie, fishing and yield 2 minutes to the gentleman from carp prevention, and various habitat swimming with my family and friends. New York (Mr. HIGGINS). restoration projects. The GLRI re- Everyone in this Chamber knows that I Mr. HIGGINS of New York. Mr. mains an essential element in repair- am not shy about my commitment to Speaker, I thank the gentlewoman for ing and preserving the Great Lakes. protect and restore the Great Lakes, yielding. I thank my colleague from Ohio (Mr. for both current and future generations Mr. Speaker, I rise to strongly sup- JOYCE) for sponsoring this bill. I urge of Americans. port this bill, which would increase my colleagues to support passage of The Great Lakes are a key economic funding to the Great Lakes Restora- H.R. 4031. driver for our Nation. More than 1.5 tion Initiative to $475 million by the Mrs. NAPOLITANO. Mr. Speaker, I million jobs are directly connected to year 2026. yield 2 minutes to the gentlewoman the lakes, generating $62 billion in This funding is essential to the from Wisconsin (Ms. MOORE). wages annually. That is not to mention health of the Great Lakes. We have Ms. MOORE. Mr. Speaker, I thank the fact that the Great Lakes Basin is made incredible progress to restore the gentlewoman for yielding. home to more than 30 million people plant and animal habitats, control I am so very pleased to rise in sup- and that the lakes hold roughly 21 per- invasive species, combat harmful algal port of this bipartisan legislation to recent of the entire world’s freshwater blooms, improve water quality, and authorize and strengthen the Great supply. clean up the environment of this re- Lakes Restoration Initiative, the That is why I was proud to introduce gion. GLRI. this bill to authorize this critically im- The revitalization of the Buffalo Twenty percent of the world’s fresh- portant Great Lakes Restoration Ini- River in my district, which was once water resides in the Great Lakes. It is tiative for an additional 5 years and in- declared ecologically dead, environ- a national treasure and a regional eco- crease the program’s annual authorized mentally destroyed, it is now a des- nomic engine. funding level, ensuring communities tination for nature and recreation and I remember when I was first elected across the Great Lakes region, includ- is one of the great success stories of in 2004. On election night, I was so ex- ing those in my own district of north- this program. cited because I said now I get to rep- east Ohio, can continue to address It has yielded impressive economic resent Lake Michigan. It is one of my their on-the-ground needs. benefits. Every $1 in funding generates favorite constituents. Through the Great Lakes Restora- $3.35 in economic activity. In Buffalo, In its mere one decade of existence, tion Initiative, also known as GLRI, the number is greater than $4. the GLRI has not only generated envi- EPA coordinates its efforts with other Attacks on clean water now threaten ronmental benefits, but it is helping to Federal partners like the U.S. Fish and the progress that we have already generate economic development as wa- Wildlife Service and the U.S. Army made, and there is still much work left terways that were once polluted, unus- Corps of Engineers, as well as State to be done. I urge my colleagues to join able, and off-limits to the public have agencies, local communities, and non- me in enthusiastically supporting this become attractive to not only rec- profit organizations. bill. reational users but to businesses that GLRI projects have led to significant Mr. MITCHELL. Mr. Speaker, I yield are able to open their doors to the pub- environmental benefits in the Great 2 minutes to the gentleman from Ohio lic. Lakes region since the program was (Mr. GIBBS). GLRI investments have been used in created, helping restore more than Mr. GIBBS. Mr. Speaker, I thank the over 4,000 projects across almost 300,000 50,000 acres of coastal wetlands and re- gentleman for yielding. square miles of the Great Lakes Basin. duce nutrient runoff that leads to Mr. Speaker, no question, the Great It is truly a win-win. harmful algal blooms like the one that Lakes are an important environmental Mr. Speaker, this bill takes the next shut down Toledo’s water system in and economic resource of the United step to support the ongoing efforts and 2014, impacting hundreds of thousands States—$200 billion in economic activ- partnerships that are making this proof Ohioans. ity. So many communities rely on the gram so successful in Great Lakes com- The program also provides for a wide Great Lakes for drinking water, jobs, munities. range of economic benefits, like pro- recreation, and more. While I don’t have much time, I want tecting the $7 billion Great Lakes fish- While the Great Lakes may have had to highlight a couple of efforts that my ery from invasive species like the a troubled environmental history, re- constituents who are hard at work to Asian carp. cent restoration and protection efforts make use of the funds that protect In fact, a recent study showed that have been successful. Lake Michigan. Here is one story of a every dollar spent on GLRI projects The GLRI is a major factor in these small business owner. through 2016 produces more than $3 in efforts, funding projects that will ulti- Beth Handle is the owner and oper- additional economic activity in the re- mately leave the Great Lakes in a bet- ator of Milwaukee Kayak Company, lo- gion. This means jobs and economic deter condition for future generations to cated right on the Milwaukee River in velopment in waterfront communities enjoy. downtown Milwaukee. She came to my

VerDate Sep 11 2014 04:19 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.047 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H803 office to share how cleaning up this their hard work on this bipartisan leg- Michigan study revealed that each dol- river has benefited her business. Clean- islation. I also want to thank my fel- lar spent on the Great Lakes Restora- ing up the river changed the river from low Hoosier, Congressman PETE VIS- tion Initiative will result in $3.35 mil- a place that people didn’t want to go. CLOSKY, for his decades of service and lion in additional economic activity. The SPEAKER pro tempore. The his leadership in making the Indiana The long-term goals of the initiative time of the gentlewoman has expired. Dunes Indiana’s first national park. are delisting of the areas of concern, Mrs. NAPOLITANO. Mr. Speaker, I Mr. Speaker, I urge my colleagues to ensuring that fish are safe to eat and yield an additional 1 minute to Ms. protect the Great Lakes by voting for the Asian carp is kept out, and control MOORE. H.R. 4031. of numerous environmental problems Mrs. NAPOLITANO. Mr. Speaker, I b 1415 across our lakes, the largest source of inquire how much time I have remain- freshwater on our continent. Ms. MOORE. Mr. Speaker, cleaning ing. Today’s legislation offers a ramp-up up the river changed the river from a The SPEAKER pro tempore. The gen- back to the level for the restoration place that people didn’t want to go, tlewoman from California has 12 min- initiative initially envisioned when the and now it is where families go to pad- utes remaining. program was first funded in fiscal year dle board, swim, and explore the river Mrs. NAPOLITANO. Mr. Speaker, I 2010. So it is pretty new as Federal pro- and our city. Of course, Milwaukee is A yield 3 minutes to the gentlewoman grams go. This gradual ramp-up rep- Great Place on a Great Lake. from Ohio (Ms. KAPTUR). resents a consensus across the delega- The Milwaukee Water Commons, Ms. KAPTUR. Mr. Speaker, I thank tion. while not directly funded by the GLRI, the distinguished chairwoman of the Mr. Speaker, I urge my colleagues to has been working with grantees and Water Resources and Environment support this important legislation on others to make sure that communities Subcommittee for yielding me this final passage. that have been historically disengaged time, and I thank her for her Again, I want to thank Chairwoman are in those conversations. unyielding support for water issues GRACE NAPOLITANO for her work across Our Metropolitan Sewerage District across this country, including in our both sides of the aisle and with Mem- is using it to clean up the Milwaukee very critical Great Lakes region. She bers of this House from every region of Estuary, where there is a gathering of has been a true and unyielding cham- the country. three rivers: the Kinnickinnic, the Mil- pion on these issues, and I thank her. Mr. MITCHELL. Mr. Speaker, I yield waukee, and the Menomonee Rivers. Today’s package of bills includes key 11⁄2 minutes to the gentleman from This estuary is one of 30 areas of pollu- priorities for protecting not just our Michigan (Mr. HUIZENGA), my colleague tion concerns in the Great Lakes. The Great Lakes, but ecosystems across and the co-chair of the Great Lakes GLRI would fund 65 percent of these our country. H.R. 4031, the Great Lakes Task Force. projects. Restoration Initiative Act of 2019, en- Mr. HUIZENGA. Mr. Speaker, I rise Mr. Speaker, I urge passage of this joys broad support from the Great today in support of continued preserva- bill, and I am so delighted that we are Lakes region. The 49 cosponsors of the tion and restoration of the Great Lakes debating it here on the floor in this bi- bill represent every ideological per- through the Great Lakes Restoration partisan manner. spective of our caucus, and today’s bill, Initiative, a very important initiative Mr. Speaker, I thank the gentle- which is on suspension, is a testament for the Great Lakes system. woman for yielding. of that bipartisan, bicameral critical For Michiganders, the Great Lakes Mr. MITCHELL. Mr. Speaker, I yield support. are directly linked to our identity, our 11⁄2 minutes to the gentlewoman from In that vein, Mr. Speaker, I must way of life, our history, and our future. Indiana (Mrs. WALORSKI), my col- also commend my colleague from Ohio, The Great Lakes basin is home to league. Congressman DAVID JOYCE, for his more than 30 million people, and it Mrs. WALORSKI. Mr. Speaker, I rise steadfast effort to work collaboratively contains 90 percent of the Nation’s in support of H.R. 4031, the Great Lakes to collect signatures for H.R. 4031 so we fresh surface water supply. Many know Restoration Initiative Act. could move it from 2019 to 2020. that, but they don’t always understand GLRI is a vital program that coordi- This Great Lakes Act recognizes the the economic impact. That provides nates Federal efforts among 15 agencies enormous, unmet need for the region. the backbone of a $6 trillion regional to address the most significant chal- The interagency collaborative effort economy. lenges facing the Great Lakes. has brought to bear resources, exper- The Great Lakes Restoration Initia- The Great Lakes are among our most tise, and stakeholders from across the tive has a strong track record of suc- precious natural resources and a key local, State, and Federal portions of cess, specifically in west Michigan, economic driver in my home State of the region and helped to focus re- where the work to clean up toxic Indiana. For instance, the recreational sources on a major hot spot. hotspots in areas like Muskegon is es- boating industry alone provides $2 bil- The Maumee River is the largest timated to have increased property val- lion to Indiana’s economy each year. river that flows into the entire Great ues by nearly $12 million and generated Yet the environmental and economic Lakes and is also facing gigantic harm- $1 million in new recreational spend- health of our region is under threat ful algal blooms. The Maumee River ing. This holds true across west Michi- from a host of issues facing the Great dumps all of these nutrients into Lake gan and the entire region, as every dol- Lakes, including pollution, severe ero- Erie, which then feeds the most pro- lar invested in the GLRI generates sion, loss of native habitat, invasive ductive part of the lake, endangering, more than $3 in additional long-term species, and destructive algae blooms. annually, native species and creating economic activity. GLRI is a critical investment in pre- massive harmful algal blooms with the The GLRI is critical to our efforts to serving and protecting the Great Lakes critical ingredient of microcystin, protect drinking water, prevent the as well as creating jobs and growing which is toxic. spread of invasive species, and to accel- our economy. That is why I am proud Annually, the harmful algal blooms erate the cleanup of areas of concern. to be an original cosponsor of H.R. 4031, threaten Toledo’s drinking water sys- With the threat of Asian carp inun- which would reauthorize the program tem, which had to be shut down 3 years dating our waters, high water levels funding through fiscal year 2026. ago. It threatens the safety of our and erosion threatening our shorelines, Protecting and improving the Great beaches and longevity of our eco- and the ongoing threat of PFAS con- Lakes means making sure current and system. tamination contaminating our water, future generations can experience the This Great Lakes Restoration Initia- we must be committed to bipartisan natural beauty and the recreational active is assisting communities to ad- solutions to protect this critical re- tivities like fishing, boating, and hik- dress the root causes of the blooms. source. ing that have always been important to Since 2010, over 4,000 projects have Recently, my Republican colleagues our part of the Midwest. been completed across the basin, the and I had an opportunity to spend some Mr. Speaker, I want to thank Rep- largest watershed in the entire Great time with the President, and he recom- resentatives JOYCE and KAPTUR for Lakes, and a recent University of mitted his support for the GLRI and

VerDate Sep 11 2014 04:19 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.049 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H804 CONGRESSIONAL RECORD — HOUSE February 5, 2020 towards the Great Lakes, as well as Michigan (Mr. WALBERG), another col- But we are threatened right now by making sure that Brandon Road and league. climate change and pollution. Last other efforts to keep invasive species Mr. WALBERG. Mr. Speaker, I rise year, the Midwest saw record flooding, out are happening. today in strong support of H.R. 4031, worsening storms, harmful runoff, and The SPEAKER pro tempore. The the Great Lakes Restoration Initiative toxic algae blooms that threaten time of the gentleman has expired. Act of 2019, not just because my dis- drinking water and infrastructure. Mr. MITCHELL. Mr. Speaker, I yield trict has Lake Erie on its borders, but Actually, we saw thousands of Amer- an additional 15 seconds to the gen- because of the impact of such a great icans who couldn’t drink the water be- tleman from Michigan. proposal that has had bipartisan sup- cause of that algae bloom. And in my Mr. HUIZENGA. Mr. Speaker, the port and, now, thankfully, even as re- hometown of Evanston, beaches are GLRI is a bipartisan example of an ef- cently as just this last week, to talk closing or actually disappearing en- fective and efficient use of taxpayer with the President with my colleagues tirely because the levels of the lake are dollars that protects, preserves, and and know of his support as well. at record highs right now. strengthens the Great Lakes today and The Great Lakes are something that Just last month, these record water for future generations. we all treasure in Michigan, and they levels destroyed lakefront paths, and I Mrs. NAPOLITANO. Mr. Speaker, I was getting calls from condominium are central to our State’s economy and yield 3 minutes to the gentlewoman owners who were worried about their way of life. As stewards of this natural from Michigan (Mrs. DINGELL). buildings getting—not demolished—but resource, it is incumbent on us to take Mrs. DINGELL. Mr. Speaker, I thank certainly damaged because of the high care of them so that future generations the chairwoman from California for lake waters. can enjoy their beauty, their bounty, yielding and for all of her hard work on New estimates from the Army Corps and their economic benefits. That is this bill. of Engineers state that the lake levels I rise in strong support of H.R. 4031, why the bipartisan support for GLRI is could get even higher next year, and we the Great Lakes Restoration Initia- so overwhelming. are watching for that with great dis- tive—or the GLRI, as we all call it— For the past decade, the GLRI has tress. Act of 2019, which will reauthorize the been the driving force behind cleaning The Great Lakes Restoration Initia- GLRI for 5 years and increase author- up and protecting the Great Lakes. tive is absolutely essential to restoring ized funding for the program to $475 Funds from this successful program go the health and unpolluting the lake million, annually, by fiscal year 2026. towards restoring wetlands, combating and protecting the grandeur of our Through the GLRI program, we have harmful algae blooms, stopping lakes. been able to clean up and delist envi- invasive species, and much, much This is a bipartisan piece of legisla- ronmental areas of concern. We have more. With additional resources, we tion. People on both sides of the aisle been able to restore coastal wetlands, can accelerate and expand GLRI’s im- are down here speaking eloquently as many of my colleagues have talked pact even more for the citizens of not about the meaning of the Great Lakes about, mitigate harmful algae blooms, only our States, but of this great coun- to them, and it is really refreshing, I combat invasive species, and do much try. think, for all of us to be able to join more to help protect, restore, and I am proud to join my colleagues in hands together asking for the reau- maintain the Great Lakes ecosystems this bipartisan effort to preserve the thorization of the Great Lakes Res- and strengthen our regional economy. Great Lakes and continue it long into toration Initiative Act. Mr. MITCHELL. Mr. Speaker, I yield And, as people have seen on the floor the future as beneficial for all who ex- 11⁄2 minutes to the gentleman from today, this issue has shared strong bi- perience the greatness of what it is. Let’s pass this critical legislation. Ohio (Mr. GONZALEZ). partisan support at all times. Mr. GONZALEZ of Ohio. Mr. Speak- Mr. Speaker, I thank my colleagues Mrs. NAPOLITANO. Mr. Speaker, I yield 3 minutes to the gentlewoman er, I rise in support of H.R. 4031, the for helping to educate the President on Great Lakes Restoration Initiative Act the importance of the GLRI. from Illinois (Ms. SCHAKOWSKY). Ms. SCHAKOWSKY. Mr. Speaker, I of 2019. The Great Lakes are not only a First, I want to thank my good thank the gentlewoman for yielding to treasured natural resource, but a way friends from Ohio, Mr. JOYCE and Ms. me. of life that supports communities and KAPTUR, for their leadership on this Mr. Speaker, I rise today in strong jobs throughout the region. They are 21 legislation. The Great Lakes are an es- percent of the world’s freshwater sup- support of the Great Lakes Restoration sential natural resource, not only for ply. Initiative Act’s reauthorization. my district and State, but for the en- Building on what my colleague from As has been mentioned before, I tire country. Wisconsin (Ms. MOORE) was talking think, the Great Lakes represent 21 One of the world’s largest bodies of about, my colleague, Ms. TLAIB, and I percent of the world’s surface fresh- fresh water, the Great Lakes provide were able to kayak on the Rouge River water. fresh drinking water for over 30 million on the 50th anniversary of its having I am glad to see so many of my col- people. In addition, the Great Lakes caught on fire. We were surrounded by leagues from the Great Lakes region serves as an economic engine, gener- industry, but we also saw bald eagles here, but, really, all of us and the rest ating $8.4 billion in wages, and sup- and herons, and she got the most beau- of the world have a stake in this. porting over 300,000 jobs. tiful picture of a painted turtle. The Great Lakes provide drinking But the Great Lakes are more than a Mr. Speaker, as co-chair of the Great water for 45 million Americans. source of revenue. Ask any of my con- Lakes Task Force, I am proud to be an b 1430 stituents what the Great Lakes mean original cosponsor, and I thank my col- to them, and they will tell you they leagues, Representatives DAVID JOYCE The lakes support one of the world’s are an essential part of what makes and MARCY KAPTUR, for their great largest regional economies through ag- northeast Ohio such a great place to leadership on this issue. riculture, industry, fishing, and recre- live, work, and raise a family. Mr. Speaker, I urge all of my col- ation. Over the past decade, both Demo- leagues to support this important bill For thousands of plants and animal crats and Republicans have understood to ensure our Great Lakes are pro- species and millions of Americans, the the importance of protecting the Great tected for all future generations. Great Lakes are vital for life, and are Lakes. Since 2010, the GLRI has cata- Mr. MITCHELL. Mr. Speaker, may I our national treasure. lyzed critical restoration action that inquire of the balance of time on both I wanted to say, this is really per- both restores and protects the Great sides, please. sonal for me. The eastern border of my Lakes. In fact, for every dollar spent The SPEAKER pro tempore. The gen- district, running from Chicago to the under the GLRI, an estimated $3.35 in tleman from Michigan has 91⁄2 minutes northern suburbs, is Lake Michigan. I economic activity is produced. remaining. The gentlewoman from live just a few blocks from the lake I strongly urge my colleagues to sup- California has 61⁄2 minutes remaining. myself and have spent every summer of port H.R. 4031 and ensure the preserva- Mr. MITCHELL. Mr. Speaker, I yield my childhood on the beach in Indiana tion of our waterways and ecosystems 11⁄2 minutes to the gentleman from enjoying the lake. for future generations.

VerDate Sep 11 2014 04:19 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.051 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H805 Mrs. NAPOLITANO. Mr. Speaker, I Mr. Speaker, I yield back the balance ‘‘(3) ADMINISTRATIVE EXPENSES.—The Ad- reserve the balance of my time. of my time. ministrator may use for administrative ex- Mr. MITCHELL. Mr. Speaker, I yield Mrs. NAPOLITANO. Mr. Speaker, I penses not more than 5 percent of the amounts appropriated to carry out this sec- 11⁄2 minutes to the gentleman from Wis- am glad to hear that this has such tion.’’. consin (Mr. GROTHMAN). great bipartisan support. It truly is an Mr. GROTHMAN. Mr. Speaker, it is amazing bill. The SPEAKER pro tempore. Pursu- an honor to be able to speak on this Mr. Speaker, I urge my colleagues to ant to the rule, the gentlewoman from initiative, given what is going on in support this bipartisan legislation, and California (Mrs. NAPOLITANO) and the the other house today where we have so I yield back the balance of my time. gentleman from Michigan (Mr. MITCH- much partisanship. This is the type of The SPEAKER pro tempore. The ELL) each will control 20 minutes. bipartisan work we should be doing. question is on the motion offered by The Chair recognizes the gentle- I am honored to be a cosponsor of the the gentlewoman from California (Mrs. woman from California. Great Lakes Restoration Initiative. My NAPOLITANO) that the House suspend GENERAL LEAVE district goes along Lake Michigan. I the rules and pass the bill, H.R. 4031. Mrs. NAPOLITANO. Mr. Speaker, I know it means so much for the commu- The question was taken. ask unanimous consent that all Mem- nities of Port Washington, Sheboygan, The SPEAKER pro tempore. In the bers have 5 legislative days in which to Manitowoc and Two Rivers. opinion of the Chair, two-thirds being revise and extend their remarks and in- I would just like to clean up a little in the affirmative, the ayes have it. clude extraneous material on H.R. 4275, something here. I know a few years ago Mr. MITCHELL. Mr. Speaker, on as amended. in 2013, there was a great deal of con- that I demand the yeas and nays. The SPEAKER pro tempore. Is there cern that the watermark in Lake The yeas and nays were ordered. objection to the request of the gentle- Michigan was at an all-time low. Peo- The SPEAKER pro tempore. Pursu- woman from California? ple talked about climate change and ant to clause 8 of rule XX, further pro- There was no objection. how bad that was. It was good to report ceedings on this motion will be post- Mrs. NAPOLITANO. Mr. Speaker, I now in 2020 in January on the 30-year poned. yield myself such time as I may con- high on Lake Michigan. So maybe that sume. f is the reason for a crisis as well, but it Mr. Speaker, I include in the RECORD is interesting to see how things kind of REAUTHORIZING LAKE PONT- a letter in support of H.R. 4275 to reau- ebb and flow on Lake Michigan. CHARTRAIN BASIN RESTORATION thorize the Lake Pontchartrain Basin As previously has been said, about a PROGRAM Restoration Program from the Lake fifth of the fresh water in lakes in the Mrs. NAPOLITANO. Mr. Speaker, I Pontchartrain Basin Foundation. world is in Lake Michigan by itself. move to suspend the rules and pass the LAKE PONTCHARTRAIN Lake Michigan is the fifth biggest lake bill (H.R. 4275) to amend the Federal BASIN FOUNDATION, in the world. We have had problems Water Pollution Control Act to reau- February 4, 2020. with invasive species, which is one of thorize the Lake Pontchartrain Basin Re H.R. 4275: Support to amend the Federal Water Pollution Control Act to reauthor- the major reasons why I am on this Restoration Program, and for other bill. ize the Lake Pontchartrain Basin Res- purposes, as amended. toration Program. We want to keep the lakes clean not The Clerk read the title of the bill. Hon. NANCY PELOSI, only for consuming water, but the fish- The text of the bill is as follows: eries, the fishing going on there is im- Speaker, House of Representatives, H.R. 4275 Washington, DC. portant, and recreation on Lake Michi- Be it enacted by the Senate and House of Rep- Hon. KEVIN MCCARTHY, gan is important. resentatives of the United States of America in Minority Leader, House of Representatives, A lot of this money goes into the ag- Congress assembled, Washington, DC. riculture in places like Wisconsin. We SECTION 1. LAKE PONTCHARTRAIN BASIN RES- DEAR SPEAKER PELOSI & MINORITY LEADER do have to keep the lakes clean, and as TORATION PROGRAM REAUTHOR- MCCARTHY: I would like to express our sup- we keep our farms clean, it results in IZATION. port for H.R. 4275—the reauthorization of the less algae blooms and a healthier lake (a) REVIEW OF COMPREHENSIVE MANAGE- Pontchartrain Basin Restoration Program system. MENT PLAN.—Section 121 of the Federal within the Environmental Protection Agen- So, in any event, I am honored to be Water Pollution Control Act (33 U.S.C. 1273) cy. This program provides resources vital to is amended— the restoration of the ecological health of a cosponsor on this. I am pleased that the Basin, as well as public education the Speaker has decided to put such a (1) in subsection (c)— (A) in paragraph (5), by striking ‘‘; and’’ projects. great bipartisan bill on the floor today. and inserting a semicolon; Although Lake Pontchartrain and its sur- Mrs. NAPOLITANO. Mr. Speaker, I (B) in paragraph (6), by striking the period rounding area continue to face environ- reserve the balance of my time. and inserting ‘‘; and’’; and mental challenges, the Lake and its re- Mr. MITCHELL. Mr. Speaker, I yield (C) by adding at the end the following: sources have made a tremendous comeback. myself the balance of my time. ‘‘(7) ensure that the comprehensive con- Much of this success is due to interested and Let me close with this: This bill servation and management plan approved for concerned citizens who want a clean, healthy passed committee with strong bipar- the Basin under section 320 is reviewed and Lake and Basin for this and future genera- tisan support. As my colleagues have revised in accordance with section 320 not tions, all of which would not be possible less often than once every five years, begin- without your support of this PRP funding. noted, including Mrs. WALORSKI, rec- ning on the date of enactment of this para- Sincerely, reational use of the Great Lakes is an graph.’’; and KRISTI L. TRAIL, P.E., important component of the Great (2) in subsection (d), by striking ‘‘rec- Executive Director. Lakes Restoration Initiative. ommended by a management conference con- Mrs. NAPOLITANO. Mr. Speaker, As I close, I would like to quote the vened for the Basin under section 320’’ and H.R. 4275 will reauthorize EPA’s Lake immortal words of country superstar, inserting ‘‘identified in the comprehensive Pontchartrain Basin Restoration Pro- Craig Morgan. It is a little unusual, conservation and management plan approved gram for the next 5 years. for the Basin under section 320’’. but I think it is appropriate today. Introduced by the gentlemen from He said in a song: (b) DEFINITIONS.—Section 121(e)(1) of the Federal Water Pollution Control Act (33 Louisiana, Mr. GRAVES and Mr. RICH- I’m meetin’ my buddies out on the lake U.S.C. 1273(e)(1)) is amended by striking ‘‘, a MOND, it reauthorizes the program for We’re headed out to a special place we love 5,000 square mile’’. the next 5 years with continued fund- That just a few folks know (c) AUTHORIZATION OF APPROPRIATIONS.— There’s no signin’ up, no monthly dues ing of $20 million annually over 5 Section 121(f) of the Federal Water Pollution years. It also caps EPA’s administra- Take your Johnson, your Mercury or your Control Act (33 U.S.C. 1273(f)) is amended— Evinrude and fire it up tive expenses at 5 percent. (1) in paragraph (1), by striking ‘‘2001 At our June subcommittee hearing, Meet us out at party cove through 2012 and the amount appropriated Come on in; the water’s fine for fiscal year 2009 for each of fiscal years we received testimony on current Just idle on over, and toss us a line 2013 through 2017’’ and inserting ‘‘2021 threats to the Lake Pontchartrain re- Support reauthorization of the Great through 2025’’; and gion and its watershed. Covering a Lakes Restoration Initiative. (2) by adding at the end the following: 10,000-square-mile area, the basin faces

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With impaired wetlands prevented and 31 States. Mr. Speaker, I urge adoption of this from acting as natural filters for these Mr. Speaker, what happens is each bipartisan legislation that we have in- pollutants, the entire lake is at risk. time we have these high-water years on troduced with my friend, Congressman This program represents a collabo- the Mississippi River system which CEDRIC RICHMOND of New Orleans. rative effort for Federal, State, and drains 31 States and 2 Canadian prov- Mrs. NAPOLITANO. I am prepared to local entities to restore the ecological inces, there is an emergency relief close, Mr. Speaker, and I reserve the health of the basin. valve that sends water through the balance of my time. Mr. Speaker, I urge my colleagues to Bonnet Carre Spillway into Lake Pont- Mr. MITCHELL. Mr. Speaker, I yield support H.R. 4275, and I reserve the bal- chartrain. myself such time as I may consume to ance of my time. This isn’t water that is coming from close. Mr. MITCHELL. Mr. Speaker, I yield Louisiana. In fact, less than 1 percent Mr. Speaker, I want to thank my col- myself such time as I may consume. of the water is even coming from the league, Mr. GRAVES of Louisiana, and Mr. Speaker, I rise in support of H.R. State of Mississippi. It is water coming all sponsors in support of this bill. As I 4275. H.R. 4275 represents good govern- from all of these States, from Montana, indicated earlier, it has bipartisan sup- ance to reauthorize the Lake Pont- to New York, to Canada, and all of port of the committee. chartrain Basin Restoration Program. these States in this large watershed Mr. Speaker, I urge its adoption, and The Lake Pontchartrain Basin water- funnel in-between. I yield back the balance of my time. shed is home to approximately 2.2 mil- And so on average, the Bonnet Carre Mrs. NAPOLITANO. Mr. Speaker, I lion people and covers 5,000 square Spillway had been operated once every yield myself such time as I may con- miles. decade; once every 10 years. Yet, in resume to close. In June of last year when the Sub- cent years, we have had to open it four Mr. Speaker, I want to thank both committee on Water Resources and En- times, including last year. Last year, sides’ staff. They have been doing a vironment held a hearing on many of for the first time ever, it was opened in marvelous job. Of course, I thank the these regional watershed programs, we January, and for the first time ever, it chairmen and the ranking members of invited Ms. Kristi Trail from the Lake was actually operated twice in 1 year. both committees for all the support Pontchartrain Basin Foundation to And so this is in the State of Lou- they have gotten on all these impor- testify on the need and importance of isiana. This is this lake, this basin, tant bills on water. reauthorizing this program. this watershed that has been taking it Water is the economy, and we realize During that hearing, we heard that on the chin for the rest of the country. that we have to clean it up and help Lake Pontchartrain and its sur- the communities work with the States b 1445 rounding watershed play an integral and other entities. We will get it done. part of the wetland ecosystem of the The reason this is important, Mr. Mr. Speaker, I urge my colleagues to Gulf Coast, contributing over $35 mil- Speaker, is because this lake is an in- support this bipartisan bill, and I yield lion to the local economy. credibly productive ecosystem with back the balance of my time. As a result of the Lake Pont- recreational and commercial fishing. The SPEAKER pro tempore. The chartrain Basin Foundation’s work You see lots of folks out there in sail- question is on the motion offered by through this program, the lake is mak- boats and other boats out there enjoy- the gentlewoman from California (Mrs. ing a tremendous comeback by con- ing the lake. NAPOLITANO) that the House suspend structing multiple reefs for fish habi- What has been happening as a result the rules and pass the bill, H.R. 4275, as tats, improving previously impaired of all the Nation’s water’s drainage amended. water bodies, and growing their com- coming into here is that the health of The question was taken; and (two- munity outreach programs. the lake has been compromised and thirds being in the affirmative) the I would like to thank Mr. GARRET challenged, which therefore affects our rules were suspended and the bill, as GRAVES, the sponsor of this bill, for fisheries, both recreational and com- amended, was passed. putting this forward and for his sup- mercial, and the millions of pounds of A motion to reconsider was laid on port. crabs that are harvested out of the the table. I also would like to recognize the fact lake. f that we limit the EPA’s administration This lake bounds New Orleans and REPRESENTATIVE PAYEE FRAUD to 5 percent. So the money goes to re- Jefferson Parish. It bounds the north PREVENTION ACT OF 2019 store Lake Pontchartrain. shore and the river parishes, such as For these reasons and numerous oth- Saint John Parish and Saint Charles Mrs. CAROLYN B. MALONEY of New ers, I urge support of this program and Parish over on the west side. York. Mr. Speaker, I move to suspend this legislation, and I reserve the bal- This is an important part of Lou- the rules and pass the bill (H.R. 5214) to ance of my time. isiana. Because of the coastal land loss amend title 5, United States Code, to Mrs. NAPOLITANO. Mr. Speaker, I that we have experienced and the prevent fraud by representative payees. reserve the balance of my time. change in this ecosystem, we must The Clerk read the title of the bill. Mr. MITCHELL. Mr. Speaker, I yield make investments to maintain this as The text of the bill is as follows: such time as he may consume to the we help to manage this rapid and un- H.R. 5214 gentleman from Louisiana (Mr. fortunate transition from a freshwater Be it enacted by the Senate and House of Rep- GRAVES), the sponsor of the bill. lake into a brackish and saltwater lake resentatives of the United States of America in Mr. GRAVES of Louisiana. Mr. that we now have. Congress assembled, Speaker, I promise to conserve time Mr. Speaker, I do want to thank my SECTION 1. SHORT TITLE. and conserve the lake. good friend from California, the chair This Act may be cited as the ‘‘Representa- Mr. Speaker, Lake Pontchartrain is of the subcommittee, Congresswoman tive Payee Fraud Prevention Act of 2019’’. perhaps not a very well-known lake. It NAPOLITANO, and her staff, Ryan. I SEC. 2. REPRESENTATIVE PAYEE FRAUD. is actually the second largest saltwater want to thank Congressman (a) DEFINITIONS.— (1) CSRS.—Section 8331 of title 5, United lake in the United States, but it wasn’t WESTERMAN, the ranking member of States Code, is amended— always this way. the subcommittee; Ian Bennitt as well (A) in paragraph (31), by striking ‘‘and’’ at Lake Pontchartrain, as a result of as Maggie Ayrea on our staff for all the the end; coastal land loss in Louisiana, has had work they put into this; and, of course, (B) in paragraph (32), by striking the pe- this intrusion of saltwater that has Chairman DEFAZIO and Ranking Mem- riod at the end and inserting ‘‘; and’’; and

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(C) by adding at the end the following: (B) The table of sections for chapter 84 of (b) REGULATIONS.—Not later than 1 year ‘‘(33) ‘representative payee’ means a person title 5, United States Code, is amended by in- after the date of enactment of this Act, the (including an organization) designated under serting after the item relating to section 8466 Office of Personnel Management— section 8345(e)(1) to receive payments on be- the following: (1) shall promulgate regulations to carry half of a minor or an individual mentally in- ‘‘8466a. Embezzlement or conversion of pay- out the amendments made by section 2; and competent or under other legal disability.’’. ments.’’. (2) may promulgate additional regulations (2) FERS.—Section 8401 of title 5, United (c) DEFERRAL OF PAYMENT PENDING AP- relating to the administration of the rep- States Code, is amended— POINTMENT OF REPRESENTATIVE PAYEE.— resentative payee program. (A) in paragraph (37), by striking ‘‘and’’ at (1) CSRS.—Section 8345(e) of title 5, United SEC. 4. EFFECTIVE DATE. the end; States Code, is amended— The amendments made by section 2— (B) in paragraph (38), by striking the pe- (A) by inserting ‘‘(1)’’ after ‘‘(e)’’; (1) shall take effect on the date of the en- riod at the end and inserting ‘‘; and’’; and (B) in the first sentence, by inserting ‘‘(in- actment of this Act; and (C) by adding at the end the following: cluding an organization)’’ after ‘‘person’’; (2) apply on and after the effective date of ‘‘(39) ‘representative payee’ means a person (C) in the second sentence— the regulations promulgated under section (including an organization) designated under (i) by inserting ‘‘(including an organiza- 3(b)(1). section 8466(c)(1) to receive payments on be- tion)’’ after ‘‘any person’’; and The SPEAKER pro tempore. Pursu- half of a minor or an individual mentally in- (ii) by inserting ‘‘and may appropriately ant to the rule, the gentlewoman from competent or under other legal disability.’’. receive such payments on behalf of the (b) EMBEZZLEMENT OR CONVERSION.— New York (Mrs. CAROLYN B. MALONEY) claimant’’ after ‘‘claimant’’ the second place and the gentleman from North Caro- (1) CSRS.—Subchapter III of chapter 83 of it appears; and title 5, United States Code, is amended by in- (D) by adding at the end the following: lina (Mr. MEADOWS) each will control 20 serting after section 8345 the following: ‘‘(2) If the Office determines that direct minutes. ‘‘§ 8345a. Embezzlement or conversion of pay- payment of a benefit to an individual men- The Chair recognizes the gentle- ments tally incompetent or under other legal dis- woman from New York. ‘‘(a) EMBEZZLING AND CONVERSION GEN- ability would cause substantial harm to the GENERAL LEAVE ERALLY.— individual, the Office may defer or suspend Mrs. CAROLYN B. MALONEY of New ‘‘(1) IN GENERAL.—It shall be unlawful for a direct payment of the benefit until such time York. Mr. Speaker, I ask unanimous representative payee to embezzle or in any as the appointment of a representative payee consent that all Members may have 5 manner convert all or any part of the is made. The Office shall resume payment as amounts received from payments received as soon as practicable, including all amounts legislative days in which to revise and a representative payee to a use other than due.’’. extend their remarks and include ex- for the use and benefit of the minor or indi- (2) FERS.—Section 8466(c) of title 5, United traneous material on the measure be- vidual on whose behalf such payments were States Code, is amended— fore us. received. (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; The SPEAKER pro tempore. Is there ‘‘(2) REVOCATION.—If the Office determines (B) in the first sentence, by inserting ‘‘(in- objection to the request of the gentle- that a representative payee has embezzled or cluding an organization)’’ after ‘‘person’’; woman? converted payments as described in para- (C) in the second sentence— There was no objection. graph (1), the Office shall promptly— (i) by inserting ‘‘(including an organiza- Mrs. CAROLYN B. MALONEY of New ‘‘(A) revoke the certification for payment tion)’’ after ‘‘any person’’; and York. Mr. Speaker, I yield myself such (ii) by inserting ‘‘and may appropriately of benefits to the representative payee; and time as I may consume. ‘‘(B) certify payment— receive such payments on behalf of the ‘‘(i) to another representative payee; or claimant’’ after ‘‘claimant’’ the second place The Representative Payee Fraud Pre- ‘‘(ii) if the interest of the individual under it appears; and vention Act is a commonsense bipar- this title would be served thereby, to the in- (D) by adding at the end the following: tisan bill that would protect recipients dividual. ‘‘(2) If the Office determines that direct of Federal pensions from unscrupulous ‘‘(b) PENALTY.—Any person who violates payment of a benefit to an individual men- representatives who use the money for subsection (a)(1) shall be fined under title 18, tally incompetent or under other legal dis- their own benefit instead of the retir- imprisoned for not more than 5 years, or ability would cause substantial harm to the ees’. Currently, representative payees both.’’. individual, the Office may defer or suspend can receive pension benefits on behalf (2) FERS.—Subchapter VI of chapter 84 of direct payment of the benefit until such time title 5, United States Code, is amended by in- as the appointment of a representative payee of a recipient who is a minor, is des- serting after section 8466 the following: is made. The Office shall resume payment as ignated mentally incompetent, or has ‘‘§ 8466a. Embezzlement or conversion of pay- soon as practicable, including all amounts another disability. ments due.’’. Embezzlement or conversion of So- ‘‘(a) EMBEZZLING AND CONVERSION GEN- (d) LIMITATIONS ON APPOINTMENTS OF REP- cial Security and veterans benefits by ERALLY.— RESENTATIVE PAYEES.— a representative payee is a Federal fel- ‘‘(1) IN GENERAL.—It shall be unlawful for a (1) CSRS.—Section 8345 of title 5, United ony. However, there is no Federal pen- representative payee to embezzle or in any States Code, is amended by inserting after alty in current law for representative manner convert all or any part of the subsection (e) the following: ‘‘(f) The Office may not authorize a person payees who embezzle or convert Fed- amounts received from payments received as eral retirement benefits to their own a representative payee to a use other than to receive payments on behalf of a minor or individual of legal disability under sub- use. for the use and benefit of the minor or indi- The Representative Payee Fraud Pre- vidual on whose behalf such payments were section (e) if that person has been convicted received. of a violation of— vention Act would close this loophole ‘‘(2) REVOCATION.—If the Office determines ‘‘(1) section 8345a or 8466a; and apply the same penalties to those that a representative payee has embezzled or ‘‘(2) section 208 or 1632 of the Social Secu- representative payees who misuse Fed- converted payments as described in para- rity Act (42 U.S.C. 408, 1383a); or eral pension benefits. We must ensure graph (1), the Office shall promptly— ‘‘(3) section 6101 of title 38.’’. that those who have spent their careers (2) FERS.—Section 8466 of title 5, United ‘‘(A) revoke the certification for payment in public service receive the benefits of benefits to the representative payee; and States Code, is amended by adding at the end the following: they have earned. ‘‘(B) certify payment— I want to thank my friend and col- ‘‘(i) to another representative payee; or ‘‘(d) The Office may not authorize a person ‘‘(ii) if the interest of the individual under to receive payments on behalf of a minor or league, Representative TLAIB, for her this title would be served thereby, to the in- individual of legal disability under sub- hard work, along with Representative dividual. section (c) if that person has been convicted MEADOWS. It is a bipartisan effort on ‘‘(b) PENALTY.—Any person who violates of a violation of— this important issue. subsection (a)(1) shall be fined under title 18, ‘‘(1) section 8345a or 8466a; Mr. Speaker, I urge my colleagues to imprisoned for not more than 5 years, or ‘‘(2) section 208 or 1632 of the Social Secu- support this commonsense measure, both.’’. rity Act (42 U.S.C. 408, 1383a); or ‘‘(3) section 6101 of title 38.’’. and I reserve the balance of my time. (3) TECHNICAL AND CONFORMING AMEND- Mr. MEADOWS. Mr. Speaker, I yield SEC. 3. IMPLEMENTATION. MENTS.— myself such time as I may consume. (a) AUTHORIZATION OF PAYMENTS.—Section (A) The table of sections for chapter 83 of Mr. Speaker, I rise in support of H.R. title 5, United States Code, is amended by in- 8348(a)(1)(B) of title 5, United States Code, is serting after the item relating to section 8345 amended by inserting ‘‘in administering 5214, the Representative Payee Fraud the following: fraud prevention under sections 8345, 8345a, Prevention Act. ‘‘8345a. Embezzlement or conversion of pay- 8466, and 8466a of this title,’’ after ‘‘8465(b) of Federal employees often dedicate ments.’’. this title,’’. decades of their lives to public service.

VerDate Sep 11 2014 05:37 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.036 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H808 CONGRESSIONAL RECORD — HOUSE February 5, 2020 When they retire, those Federal em- monthly benefits paid on their behalf The SPEAKER pro tempore. The ployees receive their hard-earned re- through a representative, frequently question is on the motion offered by tirement benefits. Currently, the Fed- referred to as the representative payee. the gentlewoman from New York (Mrs. eral Government issues payments to In recent years, what we have seen in CAROLYN B. MALONEY) that the House more than 2 million retirees and more our country is there has been a sharp suspend the rules and pass the bill, than half a million survivor annuitants increase in the number of representa- H.R. 5214. each year. Annuitants receive an aver- tive payees who have taken advantage The question was taken; and (two- age of $2,500 a month. of their position and committed fraud, thirds being in the affirmative) the If a Federal annuitant becomes inca- hurting many of our residents. rules were suspended and the bill was pacitated in some way, a representa- We need to hold them accountable, passed. tive payee may be appointed. A rep- and this bill does that. The bill would A motion to reconsider was laid on resentative payee is a person who re- expand protection to over 2 million the table. ceives and manages benefits on behalf workers all across the United States. f In my home State of Michigan, there of another person who is not fully ca- TAXPAYERS RIGHT-TO-KNOW ACT pable of managing their own benefits. are nearly 40,000 Federal retirees who Certainly, things like mental illness, are currently unprotected from this Mrs. CAROLYN B. MALONEY of New disability, or long-term illness are just crime, impacting their quality of life. York. Mr. Speaker, I move to suspend a few examples of situations where a They are supposed to be living in peace the rules and pass the bill (H.R. 3830) to payee may step in and provide that during their retirement years. They provide taxpayers with an improved counsel. are becoming targets instead, and we understanding of Government pro- Obviously, as we look at this, a rep- need to push back together, in a bipar- grams through the disclosure of cost, resentative payee has a duty to use fi- tisan way. performance, and areas of duplication nancial benefits to assist with the care I hear firsthand from our senior resi- among them, leverage existing data to and well-being of the intended bene- dents about their concerns, from feel- achieve a functional Federal program ficiary. Surprisingly, though, it is not ing neglected in the assisted living fa- inventory, and for other purposes, as a crime for a representative payee to cilities to unaffordable drug prices, and amended. commit financial fraud against an in- I want to ensure that our older Ameri- The Clerk read the title of the bill. The text of the bill is as follows: capacitated Federal retiree. However, cans have one less worry about finan- under the Social Security Act, it is a cial predators who will misuse their H.R. 3830 crime to do so. hard-earned money. Be it enacted by the Senate and House of Rep- For far too long, this lack of Federal I have always assumed that this type resentatives of the United States of America in protection has left some of our, again, Congress assembled, of financial abuse of retired Federal most vulnerable civil servants without SECTION 1. SHORT TITLE. employees was also a crime. But right legal recourse when they are taken ad- This Act may be cited as the ‘‘Taxpayers now, under Federal law, it is not. vantage of and their retirement funds Right-To-Know Act’’. As the chairwoman from New York are misused. We must ensure that the SEC. 2. INVENTORY OF GOVERNMENT PRO- mentioned, this is a commonsense GRAMS. most impacted communities are pro- piece of legislation. I would like to Section 1122(a) of title 31, United States tected on every front. thank my colleague, Ms. TLAIB, for her Code, is amended— That is what this legislation will do. (1) by redesignating paragraphs (1) and (2) leadership on this. It will prevent those who have com- This bill will make it a crime to em- as paragraphs (2) and (3), respectively; mitted representative payee fraud from (2) by inserting before paragraph (2), as so bezzle Federal retirement benefits as a serving as representative payees in the redesignated, the following: representative payee. If convicted, the future and hold them accountable to ‘‘(1) DEFINITIONS.—For purposes of this sub- representative payee could be subject their victims. section— to criminal fines and up to 5 years in Let’s really ensure that our public ‘‘(A) the term ‘Federal financial assist- prison. Obviously, this is a protection servants and our civil servants who ance’ has the meaning given that term under for our Federal workforce. section 7501; have dedicated their lives to serving ‘‘(B) the term ‘open Government data Mr. Speaker, I urge support of this our country are protected against this particular piece of legislation, and I re- asset’ has the meaning given that term fraud. under section 3502 of title 44; serve the balance of my time. Again, I want to thank my beloved ‘‘(C) the term ‘program’ means a single Mrs. CAROLYN B. MALONEY of New Chairman Cummings for coming to my- program activity or an organized set of ag- York. Mr. Speaker, I yield such time as self and my colleague, Congressman gregated, disaggregated, or consolidated pro- she may consume to the gentlewoman MEADOWS. When he did, we couldn’t say gram activities by 1 or more agencies di- from Michigan (Ms. TLAIB). no to him, so we worked together in rected toward a common purpose or goal; Ms. TLAIB. Mr. Speaker, I would like trying to resolve this issue for so many and to begin by thanking Congressman ‘‘(D) the term ‘program activity’ has the folks, again, 2 million Federal employ- meaning given that term in section 1115(h).’’; MEADOWS for partnering with me on ees across the country who need this the bill, as well as our Chairwoman (3) in paragraph (2), as so redesignated— protection. (A) by striking ‘‘IN GENERAL.—Not later MALONEY and her incredibly strong and Mr. Speaker, I really do urge my col- than October 1, 2012, the Office of Manage- talented staff for their leadership and leagues to support this bill. ment and Budget shall’’ and inserting for the continued support of the work Mr. MEADOWS. Mr. Speaker, I cer- ‘‘WEBSITE AND PROGRAM INVENTORY.—The Di- that we have to do on behalf of our tainly would rise in support of this leg- rector of the Office of Management and residents at home. islation. I thank the gentlewoman from Budget shall’’; (B) in subparagraph (A), by inserting ‘‘that I also want to thank our forever Michigan for her kind words. Ms. TLAIB includes the information required under sub- chairman, the late Chairman Cum- has been leading on this. mings, who is looking down on us from sections (b) and (c)’’ after ‘‘a single website’’; The gentlewoman is right. Chairman and above, for his mentorship and for work- Cummings had an infectious way of (C) by striking subparagraphs (B) and (C) ing with us on this bill that would help bringing people together, and I rise in and inserting the following: some of our most vulnerable retirees. support of this legislation as a tribute ‘‘(B) include on the website described in We all know that no one deserves to to his leadership and to her leadership. subparagraph (A), or another appropriate be scammed out of their money, but Mr. Speaker, I yield back the balance Federal Government website where related that is especially true for our retirees. of my time. information is made available, as determined This bill, the Representative Payee Mrs. CAROLYN B. MALONEY of New by the Director— Fraud Prevention Act, is a bipartisan York. Mr. Speaker, I urge passage of ‘‘(i) a program inventory that shall iden- effort to protect those retirees who are H.R. 5214. I thank Elijah Cummings for tify each program; and ‘‘(ii) for each program identified in the pro- recipients of Federal benefits. his hard work on this bill, too, and my gram inventory, the information required Retirees who have been declared colleagues, Mr. MEADOWS and Ms. under paragraph (3); mentally incompetent or have another TLAIB, and I yield back the balance of ‘‘(C) make the information in the program qualifying disability can have their my time. inventory required under subparagraph (B)

VerDate Sep 11 2014 05:37 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.059 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H809 available as an open Government data asset; (5) by adding at the end the following: (4) includes recommendations, if any, to and ‘‘(4) ARCHIVING.—The Director of the Office reconcile the conflicting definitions of the ‘‘(D) at a minimum— of Management and Budget shall— term ‘‘program’’ in relevant Federal stat- ‘‘(i) update the information required to be ‘‘(A) archive and preserve the information utes, as it relates to the purpose of this Act. included on the single website under sub- included in the program inventory required (c) IMPLEMENTATION.— paragraph (A) on a quarterly basis; and under paragraph (2)(B) after the end of the (1) IN GENERAL.—Not later than 3 years ‘‘(ii) update the program inventory re- period during which such information is after the date of enactment of this Act, the quired under subparagraph (B) on an annual made available under paragraph (3); and Director shall make available online all in- basis.’’; ‘‘(B) make information archived in accord- formation required under the amendments (4) in paragraph (3), as so redesignated— ance with subparagraph (A) publicly avail- made by section 2 with respect to all pro- (A) in the matter preceding subparagraph able as an open Government data asset.’’. grams. (2) EXTENSIONS.—The Director may, based (A), by striking ‘‘described under paragraph SEC. 3. GUIDANCE, IMPLEMENTATION, REPORT- (1) shall include’’ and inserting ‘‘identified in ING, AND REVIEW. on an analysis of the costs of implementa- the program inventory required under para- tion, and after submitting to the appropriate (a) DEFINITIONS.—In this section— graph (2)(B) shall include’’; (1) the term ‘‘appropriate congressional congressional committees a notification of (B) in subparagraph (B), by striking ‘‘and’’ committees’’ means the Committee on Over- the action by the Director, extend the dead- at the end; sight and Reform of the House of Represent- line for implementation under paragraph (1) (C) in subparagraph (C), by striking the pe- atives and the Committee on Homeland Se- by not more than a total of 1 year. (d) REPORTING.—Not later than 2 years riod at the end and inserting ‘‘and,’’; and curity and Governmental Affairs of the Sen- (D) by adding at the end the following: after the date on which the Director makes ate; ‘‘(D) for each program activity that is part available online all information required (2) the term ‘‘Director’’ means the Director of a program— under the amendments made by section 2 of the Office of Management and Budget; ‘‘(i) a description of the purposes of the with respect to all programs, the Comp- (3) the term ‘‘program’’ has the meaning program activity and the contribution of the troller General of the United States shall given that term in section 1122(a)(1) of title program activity to the mission and goals of submit to the appropriate congressional 31, United States Code, as amended by sec- the agency; committees a report regarding the imple- tion 2 of this Act; ‘‘(ii) a consolidated view for the current mentation of this Act and the amendments (4) the term ‘‘program activity’’ has the fiscal year and each of the 2 fiscal years be- made by this Act, which shall— meaning given that term in section 1115(h) of fore the current fiscal year of— (1) review how the Director and agencies ‘‘(I) the amount appropriated; title 31, United States Code; and determined how to aggregate, disaggregate, ‘‘(II) the amount obligated; and (5) the term ‘‘Secretary’’ means the Sec- or consolidate program activities to provide ‘‘(III) the amount outlayed; retary of the Treasury. the most useful information for an inventory ‘‘(iii) to the extent practicable and per- (b) PLAN FOR IMPLEMENTATION AND RECON- of Government programs; mitted by law, links to any related evalua- CILING PROGRAM DEFINITIONS.—Not later (2) evaluate the extent to which the pro- tion, assessment, or program performance than 180 days after the date of enactment of gram inventory required under section 1122 review by the agency, an inspector general, this Act, the Director, in consultation with of title 31, United States Code, as amended or the Government Accountability Office (in- the Secretary, shall submit to the appro- by this Act, provides useful information for cluding program performance reports re- priate congressional committees a report transparency, decision-making, and over- quired under section 1116), and other related that— sight; evidence assembled in response to implemen- (1) includes a plan that— (3) evaluate the extent to which the pro- tation of the Foundations for Evidence- (A) discusses how making available on a gram inventory provides a coherent picture Based Policymaking Act of 2018 (Public Law website the information required under sub- of the scope of Federal investments in par- 115–435; 132 Stat. 5529); section (a) of section 1122 of title 31, United ticular areas; and ‘‘(iv) an identification of the statutes that States Code, as amended by section 2, will le- (4) include the recommendations of the authorize the program activity or the au- verage existing data sources while avoiding Comptroller General, if any, for improving thority under which the program activity duplicative or overlapping information in implementation of this Act and the amend- was created or operates; presenting information relating to program ments made by this Act. ‘‘(v) an identification of any major regula- activities and programs; SEC. 4. TECHNICAL AND CONFORMING AMEND- tions specific to the program activity; (B) indicates how any gaps in data will be MENTS. ‘‘(vi) any other information that the Direc- assessed and addressed; (a) IN GENERAL.—Section 1122 of title 31, tor of the Office of Management and Budget (C) indicates how the Director will display United States Code, is amended— determines relevant relating to program ac- such data; and (1) in subsection (b), in the matter pre- tivity data in priority areas most relevant to (D) discusses how the Director will expand ceding paragraph (1), by inserting ‘‘described Congress or the public to increase trans- the information collected with respect to in subsection (a)(2)(A)’’ after ‘‘the website’’ parency and accountability; and program activities to incorporate the infor- each place it appears; ‘‘(vii) for each assistance listing under mation required under the amendments (2) in subsection (c), in the matter pre- which Federal financial assistance is pro- made by section 2; ceding paragraph (1), by inserting ‘‘described vided, for the current fiscal year and each of (2) sets forth details regarding a pilot pro- in subsection (a)(2)(A)’’ after ‘‘the website’’; the 2 fiscal years before the current fiscal gram, developed in accordance with best and year and consistent with existing law relat- practices for effective pilot programs— (3) in subsection (d)— ing to the protection of personally identifi- (A) to develop and implement a functional (A) in the subsection heading, by striking able information— program inventory that could be limited in ‘‘ON WEBSITE’’; and ‘‘(I) a linkage to the relevant program ac- scope; and (B) in the first sentence, by striking ‘‘on tivities that fund Federal financial assist- (B) under which the information required the website’’. ance by assistance listing; under the amendments made by section 2 (b) OTHER AMENDMENTS.— ‘‘(II) information on the population in- with respect to program activities shall be (1) Section 1115(a) of title 31, United States tended to be served by the assistance listing made available on the website required Code, is amended in the matter preceding based on the language of the solicitation, as under section 1122(a) of title 31, United paragraph (1) by striking ‘‘the website pro- required under section 6102; States Code; vided under’’ and inserting ‘‘a website de- ‘‘(III) to the extent practicable and based (3) establishes an implementation timeline scribed in’’. on data reported to the agency providing the for— (2) Section 10 of the GPRA Modernization Federal financial assistance, the results of (A) gathering and building program activ- Act of 2010 (31 U.S.C. 1115 note) is amended— the Federal financial assistance awards pro- ity information; (A) in subsection (a)(3), by striking ‘‘the vided by the assistance listing; (B) developing and implementing the pilot website described under’’ and inserting ‘‘a ‘‘(IV) to the extent practicable, the per- program; website described in’’; and centage of the amount appropriated for the (C) seeking and responding to stakeholder (B) in subsection (b)— assistance listing that is used for manage- comments; (i) in paragraph (1), by striking ‘‘the ment and administration; (D) developing and presenting findings website described under’’ and inserting ‘‘a ‘‘(V) the identification of each award of from the pilot program to the appropriate website described in’’; and Federal financial assistance and, to the ex- congressional committees; (ii) in paragraph (3), by striking ‘‘the tent practicable, the name of each direct or (E) notifying the appropriate congressional website as required under’’ and inserting ‘‘a indirect recipient of the award; and committees regarding how program activi- website described in’’. ‘‘(VI) any information relating to the ties will be aggregated, disaggregated, or (3) Section 1120(a)(5) of title 31, United award of Federal financial assistance that is consolidated as part of identifying programs; States Code, is amended by striking ‘‘the required to be included on the website estab- and website described under’’ and inserting ‘‘a lished under section 2(b) of the Federal (F) implementing a Governmentwide pro- website described in’’. Funding Accountability and Transparency gram inventory through an iterative ap- (4) Section 1126(b)(2)(E) of title 31, United Act of 2006 (31 U.S.C. 6101 note).’’; and proach; and States Code, is amended by striking ‘‘the

VerDate Sep 11 2014 05:37 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.037 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H810 CONGRESSIONAL RECORD — HOUSE February 5, 2020 website of the Office of Management and fice of Management and Budget to re- Mr. MEADOWS. Mr. Speaker, I am Budget pursuant to’’ and inserting ‘‘a port on how existing agency data sure we have one other speaker who is website described in’’. would be used to create the program running in the halls right now, but I (5) Section 3512(a)(1) of title 31, United inventory or explain how the data will may let him speak upon a different States Code, is amended by striking ‘‘the website described under’’ and inserting ‘‘a be presented and the results of a pilot bill. website described in’’. program. Let me just mention Mr. WALBERG’s SEC. 5. DETERMINATION OF BUDGETARY EF- Mr. Speaker, I support this good gov- leadership on this, a real shout-out to FECTS. ernment measure, and I reserve the him and his leadership on trying to The budgetary effects of this Act, for the balance of my time. make sure congressional intent was in- purpose of complying with the Statutory Mr. MEADOWS. Mr. Speaker, I rise deed addressed. I thank him for his Pay-As-You-Go Act of 2010, shall be deter- in support of H.R. 3830, the Taxpayers leadership. mined by reference to the latest statement Right-to-Know Act. Mr. Speaker, I urge support for this titled ‘‘Budgetary Effects of PAYGO Legisla- The Federal Government is a com- bill, and I yield back the balance of my tion’’ for this Act, submitted for printing in plex and diverse organization. As Mem- the Congressional Record by the Chairman of time. bers of Congress, we are responsible for Mrs. CAROLYN B. MALONEY of New the House Budget Committee, provided that ensuring the Federal Government is ef- such statement has been submitted prior to York. Mr. Speaker, I yield myself the the vote on passage. ficient and effective. However, we lack balance of my time, and I urge passage the tools to understand how the tax- The SPEAKER pro tempore. Pursu- of H.R. 3830, as amended. payer dollars are spent. Oftentimes, we ant to the rule, the gentlewoman from Mr. MEADOWS. Will the gentle- lack a detailed list of the programs New York (Mrs. CAROLYN B. MALONEY) woman yield? that are there. Mrs. CAROLYN B. MALONEY of New and the gentleman from North Caro- This bipartisan bill will increase lina (Mr. MEADOWS) each will control 20 York. Yes, I yield to the gentleman. transparency and make it easier to see Mr. MEADOWS. I appreciate the gen- minutes. how the Federal Government uses its The Chair recognizes the gentle- tlewoman’s flexibility, but if you would tax dollars. let me reclaim my time and yield to woman from New York. May I edit that last statement just a the gentleman, who made it in by the GENERAL LEAVE bit? It is not the government’s tax dol- hair on his chinny chin chin. Mrs. CAROLYN B. MALONEY of New lars. It is the hardworking American The SPEAKER pro tempore (Mr. York. Mr. Speaker, I ask unanimous people’s tax dollars. So this is a criti- HIMES). Without objection, the gen- consent that all Members may have 5 cally important additional tool. legislative days within which to revise In fiscal year 2019, the Federal Gov- tleman from North Carolina reclaims and extend their remarks and include ernment spent nearly $4.4 trillion. Tax- his time and yields to the gentleman extraneous materials on the measure payers should know where their hard- from Michigan. before us. earned money is going. To follow the There was no objection. The SPEAKER pro tempore. Is there money, we need to know what the gov- Mr. WALBERG. Mr. Speaker, I thank objection to the request of the gentle- ernment is doing, so a comprehensive the gentleman and gentlewoman. woman? inventory of Federal programs will Mr. Speaker, I did shave this morn- There was no objection. help us do that. ing, so there wasn’t much hair on the chinny chin chin. b 1500 In 2010, Congress required the executive branch to develop a comprehensive Mr. Speaker, American taxpayers de- Mrs. CAROLYN B. MALONEY of New Federal program inventory. The pro- serve to know where, when, why, and York. Mr. Speaker, I yield myself such gram inventory Congress envisioned how government is spending their time as I may consume. would have given the public insight hard-earned dollars. This is why I Mr. Speaker, I support this bill and into the government’s organizational partnered with my colleague from Ten- would like to thank Congressmen structure and provided a comparable nessee, Representative JIM COOPER, to WALBERG and COOPER for their hard list of all Federal programs. introduce H.R. 3830, the Taxpayers work on it. Comparability is key. We need to see Right-to-Know Act. This bipartisan The Taxpayers Right-to-Know Act is how these programs match up. To give legislation requires Federal agencies to a bipartisan and commonsense solution you one example, there were 678 dupli- supply an online accounting of their that would help identify areas of ineffi- cative programs in the Federal Govern- program activities in an easily search- ciency in the Federal Government. The ment that dealt just with sustainable able inventory so that Americans can bill would create an inventory of Fed- energy. You can argue the merits of keep tabs on where and how their tax eral programs that would be published priority or the lack thereof, but, cer- dollars are being spent. on a government website and updated tainly, over 600 programs to deal with The inventory will account for how regularly. The information in the in- one particular issue across the govern- funds are allocated, the total amount ventory would also be archived. ment is something that cannot be effi- appropriated, obligated, and outlaid for Previous attempts at getting infor- cient. services and the intended population mation from agencies on Federal pro- However, the Government Account- served by each program. It will also grams have yielded incomplete and ability Office found that the program provide performance reviews for each varied results, since agencies often inventory built for the previous admin- program, including any and all inspec- have different ways of defining Federal istration in 2013 failed to meet the in- tor general or Government Account- programs. tent of the law or needs of Congress. ability Office reports. All of the infor- This bill aims to provide streamlined Implementing guidance allowed far too mation provided for the inventory will and uniformed insight into the activi- much flexibility for agencies to define be updated regularly to provide for a ties of programs governmentwide. The programs. Each agency used its own more real-time accounting of Federal Taxpayers Right-to-Know Act would definition, which prevented programs program dollars. require agencies to report on the to be compared to one another. So the Mr. Speaker, I ask for support from spending, authorization, and purpose of Taxpayers Right-to-Know Act updates my colleagues for this legislation. I a Federal program’s activities. Infor- the law to require a more consistent think its time has come. mation would also be required on any definition of Federal programs across Mr. MEADOWS. Mr. Speaker, I thank awards of financial assistance. Access all agencies. the gentlewoman’s courtesy. I urge to enhanced information would result Mr. Speaker, I think this is a good support for this bill, and I yield back in greater transparency into duplica- bill that goes with the intent of Con- the balance of my time. tive or inefficient programs. gress as laid out, and I reserve the bal- Mrs. CAROLYN B. MALONEY of New This bill would also provide a means ance of my time. York. Mr. Speaker, I yield myself the to test a way in which this comprehen- Mrs. CAROLYN B. MALONEY of New balance of my time. sive inventory of Federal programs York. Mr. Speaker, if the gentleman Mr. Speaker, I urge passage of H.R. would be achieved across the Federal from North Carolina has no further 3830, as amended, and yield back the Government. It would require the Of- speakers, I am prepared to close. balance of my time.

VerDate Sep 11 2014 05:37 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.037 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H811 The SPEAKER pro tempore. The This bill won’t solve all the Postal ing, and it is going to make zero dif- question is on the motion offered by Service’s financial problems. Elimi- ference in terms of the viability of the the gentlewoman from New York (Mrs. nating the mandate will take some Postal Service. CAROLYN B. MALONEY) that the House paper liabilities off the books of the Now, we can all agree that there need suspend the rules and pass the bill, Postal Service, but it will do nothing to be major reforms, but this par- H.R. 3830, as amended. to improve its cash position. ticular bill, and the way that it is The question was taken; and (two- Without major structural reforms, being put forth, would actually hurt thirds being in the affirmative) the the Postal Service will run out of cash the potential progress we have in ad- rules were suspended and the bill, as in about 4 years. At that point, it will dressing real reforms. With that, I amended, was passed. not be able to pay its own workers, and sadly rise in opposition to this bill, and A motion to reconsider was laid on mail delivery would simply cease. I reserve the balance of my time. the table. The Postal Service has taken signifi- Mrs. CAROLYN B. MALONEY of New f cant steps to control its costs, includ- York. Mr. Speaker, I yield 3 minutes to ing shrinking its workforce by close to the gentleman from Oregon (Mr. DEFA- USPS FAIRNESS ACT 300,000 employees over the past 20 ZIO), the author of the legislation. Mrs. CAROLYN B. MALONEY of New years. Yet, it has incurred net annual Mr. DEFAZIO. Mr. Speaker, I thank York. Mr. Speaker, I move to suspend losses for 13 straight years. the gentlewoman. the rules and pass the bill (H.R. 2382) to The Postal Service currently funds Mr. Speaker, in a Christmas Eve bill amend title 5, United States Code, to universal mail service to nearly 159 with no legislative consideration, an repeal the requirement that the United million delivery points solely through otherwise noncontroversial bill, a pro- States Postal Service prepay future re- the sale of postage. It is required to ex- vision was stuck in to say that the tirement benefits, and for other pur- pand its network to deliver mail to ap- Postal Service should prefund 75 years poses. proximately 1 million new addresses of health benefits for retirees. The Clerk read the title of the bill. every year, even as the volume of mail Now, think about that. That means The text of the bill is as follows: continues to decline by a projected 45 people who have not yet been born, H.R. 2382 billion mail pieces over the next dec- who have not yet gone to work for the Be it enacted by the Senate and House of Rep- ade. Postal Service for a career and then resentatives of the United States of America in So while I support this bill, more might retire, we are paying for their Congress assembled, must be done to stabilize the finances healthcare now. Name one other entity SECTION 1. SHORT TITLE. of this important American institution in the United States of America, cor- This Act may be cited as the ‘‘USPS Fair- on which so much of our population re- porate or government, that does any- ness Act’’. lies. thing like this. It is nuts. And it is a SEC. 2. REPEAL OF REQUIRED PREPAYMENT OF The Committee on Oversight and Re- piggybank. FUTURE POSTAL SERVICE RETIRE- form, and Congressman CONNOLLY in The money isn’t being put into a MENT BENEFITS. particular, is working on comprehen- Subsection (d) of section 8909a of title 5, trust fund to pay for their health insur- United States Code, is repealed. sive legislation to do just that. We will ance. It is going into the maw of the continue to work on comprehensive Treasury. Who knows where it goes. It The SPEAKER pro tempore. Pursu- legislation after this bill passes. ant to the rule, the gentlewoman from maybe makes the debt look a little Finally, I thank my good friend, Mr. smaller. That was why President Bush New York (Mrs. CAROLYN B. MALONEY) DEFAZIO, for his tireless, passionate ad- and the gentleman from North Caro- pushed for it. But it is accounting for vocacy for this bill. I also thank Mr. the majority of the losses at the Postal lina (Mr. MEADOWS) each will control 20 REED and Mr. FITZPATRICK, on the Service. minutes. other side of the aisle, as well as Ms. The Chair recognizes the gentle- b 1515 TORRES SMALL, for all of their hard woman from New York. work. So, yes, this will help relieve pres- GENERAL LEAVE Mr. Speaker, I urge my colleagues to sure on the Postal Service and on Mrs. CAROLYN B. MALONEY of New support this commonsense measure, rates. And I think there are a lot of York. Mr. Speaker, I ask unanimous and I reserve the balance of my time. Americans who would like not to see consent that all Members have 5 legis- Mr. MEADOWS. Mr. Speaker, I yield the postal rates keep going up. lative days within which to revise and myself such time as I may consume, Now, there are 300 bipartisan cospon- extend their remarks and include ex- and rise in opposition to the bill. No sors. There aren’t too many things traneous material on the measure be- one has invested more time than per- around here these days like that before us. haps Mr. CONNOLLY or myself on postal cause I think many people realize this The SPEAKER pro tempore. Is there reform. But I think it was Winston doesn’t make much sense. objection to the request of the gentle- Churchill who said that no matter how And the Postal Service is a critical woman from New York? beautiful the strategy, we must occa- service. It is not a government-run There was no objection. sionally look at the results. And the business to make a profit. It is the U.S. Mrs. CAROLYN B. MALONEY of New results of this bill will do nothing to Postal Service. York. Mr. Speaker, I yield myself such stop the post office from hemorrhaging Star routes don’t make money. If you time as I may consume. money. represent a rural area, you can’t make Mr. Speaker, the bill before us, the As we look at this prefunding—and I money out there. FedEx and UPS won’t U.S. Postal Service Fairness Act, would agree with the gentlewoman— go out there. They get the Postal Serv- which I am a very proud cosponsor, part of our solution, part of the bipar- ice to take the stuff out there. If we would make a small but very impor- tisan solution in the previous Congress, dismantle the Postal Service, then ev- tant change to help address the dire fi- was to look at this prefunding issue erybody in rural America is out of nancial condition of the Postal Serv- and to try to address it. But to do it as luck. ice. a standalone bill, Mr. Speaker, is cer- And there are a whole heck of a lot of Common law requires the Postal tainly not what the doctor ordered. Be- other people who are dependent upon Service to prefund the healthcare costs cause even with this, the Postal Serv- this: newspapers, rural newspapers, of its future retirees decades into the ice continues to lose money each and small businesses. future. We are aware of no other enti- every day. Many years ago, when I first started ty, public or private, that faces this I would say that if this was the bomb working on this, I posted something on type of onerous financial burden. This that solved their problem, it would the website: Tell me if you need the mandate has cost the Postal Service have already been solved because they Postal Service. billions of dollars since it was first im- haven’t been making the payments. People from all the small towns all posed 14 years ago. The Postal Service What the American people need to around my very large district said: I has not made a payment into this fund understand is, they are wanting relief sell on eBay. That is how I make a liv- since 2012. from a payment that they are not making out here in Powers, Oregon, or in

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.065 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H812 CONGRESSIONAL RECORD — HOUSE February 5, 2020 other little places around my district. I This is a snowball going down the Mr. MEADOWS. Mr. Speaker, I thank couldn’t afford UPS or FedEx. I get the hill that is going to pick up steam. the gentleman from Virginia, and I one package price. The only way to pay off the unfunded want to highlight his work on this par- So this is critical. liabilities created by the U.S. post of- ticular issue, and I agree with him that And, every day, hundreds of thou- fice retiree health benefits—without this, ultimately, will be part of what sands of our veterans get their drugs enacting cost-saving reform to the U.S. has to be dovetailed into anything we delivered by the United States Postal Postal Service, which this bill does do to fix the Postal Service. Service, many of them in rural areas, not—would be a taxpayer bailout. Mr. Speaker, I yield 2 minutes to the hard to serve, and, sure as heck, hard That is why President Trump’s Task gentleman from Illinois (Mr. RODNEY for them to get to the VA hospital or Force on the United States Postal Sys- DAVIS) in the spirit of letting my col- get into town. tem issued formal opposition to remov- leagues express their full-throated sup- So we need to stop burdening the ing the prefunding requirement. To port of this bill. Postal Service with something that quote the task force: ‘‘The task force Mr. RODNEY DAVIS of Illinois. Mr. makes no sense. Are there other things does not believe that this general pol- Speaker, I would like to thank my that need to be reformed? Yes. icy should change or that the liability good friend, Mr. MEADOWS. We have But once we take this $5 billion a for USPS retiree health benefits should been working on issues like this relat- year burden off them—they have al- be shifted to the taxpayers.’’ ing to the long-term solvency of our ready put $50 billion into a theoretical Mr. Speaker, I agree, to be clear, this Postal Service for many years, and I account to pay for healthcare for fu- bill moves taxpayers one step closer to look forward to standing on this floor ture postal employees who haven’t a bailout of the USPS, and we should with him in the near future when we been born yet, who might work there, oppose this change on the taxpayers’ come up with a good, comprehensive might retire some day, and might get behalf. solution that addresses issues like this. health benefits. That is more than Mrs. CAROLYN B. MALONEY of New I thank him for his leadership and his enough. York. Mr. Speaker, I yield 3 minutes to support of the Postal Service and the And, by the way, this doesn’t score in the gentleman from Virginia (Mr. CON- great postal workers who make up one any way. So that is why we have 300 bi- NOLLY), the distinguished sub- of the greatest services that we have in partisan sponsors. committee chairman. our country. Mr. Speaker, I urge my colleagues at Mr. CONNOLLY. Mr. Speaker, I Unfortunately, the Postal Service long last to undo this stupidity. thank my good friend and distin- today is forced to play by a different Mr. MEADOWS. Mr. Speaker, I love guished chair of the Oversight and Re- set of rules, and those are unfair. This the passion. The only problem is it is form Committee. bill corrects this by repealing the 2006 misplaced. Boy, what you just heard from my mandate that the Postal Service I can tell you that, if this bill would friend from North Carolina couldn’t be prefund future retiree health benefits. truly solve the business model that the further from the truth. This is not a In 2006, the Postal Accountability Postal Service has, I would rise and taxpayer bailout. Quite the opposite. It and Enhancement Act mandated that support it. If this is all we are going to is exactly what Mr. DEFAZIO, my friend the Postal Service prefund retiree do, hallelujah. Let’s do it and get it from Oregon, described. health benefits decades in advance, done. But the gentleman is wrong. This This is righting a wrong Congress something no other public or private does not solve the problem. created in the dead of night in a lame- enterprise is forced to do. Over the You can give them a pass on $5 bil- duck session in 2006 in putting a burden years, this mandate has caused severe lion a year, and they are still losing on the Postal Service no other entity cuts and damaged the Postal Service’s money. That is the whole issue. That is on the planet is required to meet. And ability to invest in even new delivery the crux of the issue. we have an obligation, having created vehicles. Mr. Speaker, I yield 2 minutes to the that problem, to fix it. That is what we I have always been a steadfast sup- gentlewoman from North Carolina (Ms. are trying to do with this bill. porter of the Postal Service and its FOXX). It is not a panacea. That is why we workers. In fact, after speaking to Ms. FOXX of North Carolina. Mr. are working on bipartisan legislation many of the postal unions in my dis- Speaker, I thank my colleague from to have a comprehensive reform bill trict, like the Letter Carriers and the North Carolina. I agree with my col- that will address a significant amount Rural Letter Carriers’, I proudly co- league from North Carolina, let us not of time for the Postal Service to build sponsored this piece of legislation. confuse what we are talking about here a new business model. I look forward to working with my today. My friend, my other friend from colleagues on this issue and other im- I very much appreciate the postal North Carolina (Mr. MEADOWS)—I was portant pieces of legislature that im- employees who deliver the mail to my referring to the other North Caro- pact our postal unions, such as oppos- house. When I go into a post office and linian—has been working diligently ing the privatization of the Postal need to mail things, they are wonderful with us on a bipartisan basis for many Service and protecting the 6-day deliv- people and give great service. That is years to try to find just the right fix. I ery, door-to-door service, and our rural not the issue here. The issue is: Are we am looking forward to that bipartisan post offices. going to fund, properly, the retirement solution. Mr. Speaker, we have to work to- and healthcare services? But that doesn’t mean we stop every- gether. We need to make sure that our I am not necessarily opposed to ad- thing and fix nothing. This may not re- Postal Service remains viable. I urge a dressing the United States Postal Serv- turn the Postal Service to solvency, ‘‘yes’’ vote on this bill, and I look for- ice’s requirement to prefund its retiree but it takes a liability off the books ward to working with everyone in this health benefits. Doing so, though, in that is real, that hurts them, that institution in the future. this manner would be disastrous for makes it harder for them to recover Mr. MEADOWS. Mr. Speaker, I thank the American taxpayer. This bill’s and to figure out how to adjust to the gentleman for his comments, and I elimination of the prefunding require- changes in technology and the market- would also join him. We have got a ment without instituting any reforms place, and that is why I support this number of great unions that I have had to tackle its fiscal status, as my col- bill. the privilege of getting to know over league has said, would simply mean Mr. Speaker, I look forward to its this time as we looked at comprehen- that Congress continues to play the passage on a bipartisan basis, and I sive reform, and his acknowledging game of kicking the can down the road. hope that we will fold this bill, the con- them and his willingness to look at The fact is that there is already a cept of this bill, into a larger, more something that actually solves the long history of public retirement ac- comprehensive bill. As the distin- problem is to be applauded. counts that have either dramatically guished chairwoman said, we need a Mr. Speaker, I reserve the balance of cut retiree benefits or had to rely on a comprehensive approach to the Postal my time. taxpayer bailout as a result of not fully Service after we address and fix this Mrs. CAROLYN B. MALONEY of New prefunding their plans. problem that Congress created. York. Mr. Speaker, I yield 2 minutes to

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.067 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H813 the gentlewoman from the great State that funding and ensuring that it has make the Postal Service viable? It of Michigan (Mrs. LAWRENCE). the resources to improve the Postal doesn’t. Mrs. LAWRENCE. Mr. Speaker, I rise Service for all Americans. Mr. Speaker, I yield 2 minutes to the today in support of H.R. 2382. This leg- Mr. Speaker, I urge all of my col- gentleman from Illinois (Mr. BOST), islation is a positive first step—and I leagues on both sides of the aisle to who will give you an opposing view emphasize first step—to address a sig- support this legislation. This is the pri- from our side. nificantly more complex issue at hand: ority for our postal workers, in addi- Mr. BOST. Mr. Speaker, I thank the the financial solvency crisis plaguing tion to 6-day delivery as well as door- gentleman for yielding. the United States Postal Service. to-door service. We have to get all The United States Postal Service has After a 30-year career in the Postal three done for our postal workers, our a history as old as our Nation. Our Na- Service—and I think I am the only letter carriers, and our post offices tion’s Founders believed that it was so member of Congress who is actually a that serve all of our communities. important that they put it in the Con- letter carrier—I come to Congress with Mrs. CAROLYN B. MALONEY of New stitution and many people back home the intention of helping USPS return York. Mr. Speaker, I yield 2 minutes to don’t realize that. Of course, you know, to a strong financial standing through the gentlewoman from Illinois (Ms. that is the most quoted, least read doc- legislative reform. SCHAKOWSKY). ument around here. While decreased mail volume plays a b 1530 The rural communities in southern role, there are other actions Congress Illinois and across our country depend must take to provide the Postal Serv- Ms. SCHAKOWSKY. Mr. Speaker, I on the Postal Service. It is often the ice with the flexibility needed to re- thank the gentlewoman for yielding to only means for small businesses to en- verse and mend the downward financial me. gage in commerce, and for rural resi- Mr. Speaker, I rise today in strong trend. dents to receive packages. For the last few years, I have worked support of H.R. 2382, the USPS Fairness The Postal Service is facing many with several colleagues on the Over- Act. challenges, but it is taking several im- The United States Postal Service is sight Committee, including Represent- portant steps to provide new services an essential part of American life. It atives CONNOLLY, LYNCH, MEADOWS, and mandated by the modern economy. Un- was established more than 231 years the late, amazing Chairman Elijah fortunately, it can’t accomplish these ago and has delivered on its promise Cummings, to introduce comprehensive reforms with one hand tied behind its every one of those years. postal reform. back. As the House stands poised to pass Benjamin Franklin was the first The Postal Service is the only entity H.R. 2382, I look forward to continuing Postmaster General in the United with this requirement. I doubt that any to work with my colleagues on the States. And they have—while I under- Federal agency would be able to meet committee to introduce a comprehen- stand it is not an official slogan, I its goals and obligations to citizens sive postal reform package that will think we have all heard this: ‘‘Neither and taxpayers if they were likewise re- provide the Postal Service with the re- snow, nor rain, nor heat, nor gloom of quired to prefund their health benefits. form needed to help lessen the finan- night stays these couriers from the The underlying legislation helps cor- cial battle. swift completion of their appointed rect this. It does not impose additional I want to thank Chairwoman MALO- mission.’’ costs on taxpayers, and it will help en- NEY for her leadership on this issue, So we know that with more than 100 and I look forward to the continued billion pieces of mail delivered each sure the Postal Service can continue to work to build the Postal Service Fair- year, and a 90 percent approval rating, serve our communities as it has since ness Act. that we must do all that we can to sup- our Nation’s founding. Mrs. CAROLYN B. MALONEY of New I urge my colleagues to support this port them. legislation. Today, Members of Congress are tak- York. Mr. Speaker, I yield 3 minutes to Mr. MEADOWS. Mr. Speaker, I yield ing the important step to help support the gentleman from Oregon (Mr. BLU- 1 minute to the gentleman from Penn- over seven million U.S. postal workers MENAUER). sylvania (Mr. FITZPATRICK). across the country. Mr. BLUMENAUER. Mr. Speaker, I Mr. FITZPATRICK. Mr. Speaker, I Since 2006, U.S. postal employees appreciate the gentlewoman’s courtesy rise today to strongly support H.R. have been forced to prefund retiree in permitting me to speak on this bill. 2382, the USPS Fairness Act. I have health benefits 75 years in advance, I feel very strongly about this. led, with my colleagues, this important making them the only government The United States Postal Service legislation that ends the unfair agency that must prefund future em- moves almost half the world’s mail. It prefunding mandate for the Postal ployees that have not been born yet. is the most popular Federal agency, Service and also solves the most press- This ridiculous law has caused the highest ratings. And, in fact, if you ing financing problem facing our letter U.S. Postal Service to lose billions of look at the interaction that we have carriers and post offices across the dollars each year and has caused postal with postal workers, in my community United States. employees’ uncertainty in their work. and elsewhere, they are deeply beloved. Mr. Speaker, the USPS is the only This cannot continue. I had a father-in-law who was a post- Government entity—the only one— So I agree with over 300 of my col- al worker. In the holiday season he was which is mandated to prefund its retir- leagues that we must reverse this ab- burdened down with cookies and fruit- ees’ health benefits. 100 percent of the surd policy. The United States Postal cake and brandy that was given to him Postal Service’s financial losses over Service Fairness Act will repeal the by the people on his route. the past 6 years—100 percent—are di- prefunding that is mandated and allow What we have seen, unfortunately, rectly due and linked to this require- the United States Postal Service to re- since 2006, is part of an assault on the ment. turn to its pay-as-you-go system as finest Postal Service in the world. You This is an outdated policy which has used before. have heard it said before on the floor; forced the Postal Service into a hor- Mr. MEADOWS. Mr. Speaker, I yield this is the only—not just the only Fed- rible financial position, which has pre- myself such time as I may consume. eral agency, I don’t think there is any vented it from investing in resources I appreciate all the points that my entity in the United States that is re- that would benefit all of our commu- friends opposite are making. In fact, I quired to prefund health benefits for nities, no matter where we live. have made some of the very same people who haven’t yet been born but Moreover, Mr. Speaker, this legisla- points when we talk about reform bills. might be employed 20, 30, 40 years from tion has widespread support from the The problem is, all the wonderful now. This is part of an effort on behalf National Association of Letter Car- things that they are talking about in of some who literally have a jihad riers, the American Postal Workers this bill do not exist. They are not against the U.S. Postal Service. Union, and the National Postal Mail making the payments. They haven’t I had a session in my community 2 Handlers Union. made a payment since 2010. weeks ago where we heard about a bi- This bipartisan bill will restore So how does giving relief from a pay- zarre experiment on casing mail, tak- USPS’ financial health by shoring up ment you are not making suddenly ing that away from the letter carriers,

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.068 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H814 CONGRESSIONAL RECORD — HOUSE February 5, 2020 and it has resulted in a serious disrup- what we need it to do, and that is, ad- and pension system periodically reas- tion in our community by people who dress the problem today. This just sesses what the demands are as that are disconnected from the actual serv- kicks the can down the road. And un- person gets closer to retirement. That ice that is given. fortunately, it doesn’t even kick it is the critical time to know whether or Postal jobs are the best jobs in many down the road long enough to allow the not there are sufficient resources and a rural and small American towns. And postal workers to depend on the very guarantee that certain resources are there are some who feel, well, they are system that employs them. there for that person to enjoy the re- paid too much. They have too generous Mr. Speaker, I reserve the balance of tirement and the benefits and the benefits or retirement. That is hog- my time. health benefits that they have earned. wash. Mrs. CAROLYN B. MALONEY of New So I just ask my colleagues to vote in They provide that foundation in York. Mr. Speaker, I yield 3 minutes to support of this bill. I support Mr. much of rural and small-town America; the gentleman from Massachusetts DEFAZIO’s bill wholeheartedly, and I a beloved service, a service that pro- (Mr. LYNCH), my good friend and col- thank the Speaker for his courtesy. vides an essential connection for vir- league. Mr. MEADOWS. Mr. Speaker, I yield tually the entire country, 6 days a Mr. LYNCH. Mr. Speaker, I thank myself such time as I may consume. week, and, in fact, if we get our act to- the gentlewoman for her kindness and I know that everybody is tuned in in gether, there is more benefit that can the courtesy afforded to me. their offices, paying attention to this be provided. I do want to say that, like some unbelievable debate, and so for all of Get rid of this stupid prefunding and other Members in this Chamber, I you that are tuned in on C–SPAN, and give them more flexibility about the think at one count, I had 17 of my rel- as we debate this, I think it is impor- services they can provide. Why aren’t atives, including my mom, several of tant that I share a couple of sentences we using the U.S. Postal Service to her sisters, two of my sisters, my from the U.S. Postal Service. So it is help us with the census? These people brother-in-law, all my cousins, who not from my colleagues opposite. It is know who lives in the neighborhood. worked for the United States Postal not from my point of view; but this is Why are we hiring temporary employ- Service, sort of the family business. what they have to say about this bill: ees? And I do thank the gentleman from ‘‘It would neither reduce the under- Why can’t we use the Postal Service North Carolina. We spent, you know, lying RHB liability nor improve our to deal with problems in the future, if days, if not weeks, if not months, argu- cash flow or our long-term financial we have an outbreak of an anthrax-sort ing over the contours of this legisla- position. It would not impact the li- of activity in terms of lethal threats. tion. quidity crisis that we have.’’ Use the Postal Service. Give them the I want to thank Mr. DEFAZIO. And I These are not my words, Mr. Speak- flexibility to provide more service. Re- rise in strong support of his bill. er. These are the words of those that spect the men and women who work I also thank my colleague from Vir- are closest to the financial responsi- there, and stop this stupid effort to un- ginia (Mr. CONNOLLY) for his work on bility, the Postal Service themselves. dercut the finest Postal Service in the this as well. And our dear colleague, So if the gentlewoman is prepared to world. Elijah Cummings, who worked on this, close, I will just recommend to my col- I appreciate the committee bringing put his heart and soul into finding a so- leagues a ‘‘no’’ vote, and I yield back this legislation forward. I appreciate lution. the balance of my time. the bipartisan support, and maybe it is Look, I do agree with the gentleman The SPEAKER pro tempore. Mem- time we get our act straight to help from North Carolina’s comments, that bers are further reminded to address them fulfill their full potential. this does not solve everything. It does their remarks to the Chair, not to a Mr. MEADOWS. Mr. Speaker, I yield not. But it is an important element of perceived viewing audience. myself such time as I may consume. a bill that we, Republicans and Demo- b 1545 I do need to correct a few things that crats, passed out of committee unani- the gentleman from Oregon just ad- mously, without any dissent in a pre- Mrs. CAROLYN B. MALONEY of New dressed. This is not—support or being vious session. So it is a very important York. Mr. Speaker, I urge passage of against this bill is not an attack on the element of what we are trying to do. H.R. 2382, and I yield back the balance Postal Service. There is no dispute with the gen- of my time. I mean, there is no one who has in- tleman from Oregon’s earlier remarks Mr. LYNCH. Mr. Speaker, I rise in strong vested more time—I can promise you, that we don’t ask any other group support of H.R. 2382, the U.S.P.S. Fairness when I came to Congress, fixing the within government to fund their re- Act, introduced by my colleague, Representa- Postal Service was not on my bucket tiree health benefits this way. This was tive PETER DEFAZIO of Oregon. list. And as we have invested time, and an idea that, I think, came out of a I’d like to commend Mr. DEFAZIO and the I see my good friend, Mr. LYNCH, my time when, before email and before the other bipartisan sponsors of this bill—Mr. good friend, Mr. CONNOLLY, let me just use of social media, the volume of mail REED of New York, Ms. TORRES-SMALL of New tell you, we have invested days, if not within the Postal Service being deliv- Mexico, and Mr. FITZPATRICK of Pennsyl- weeks and months, to try to address ered every single day, could sustain the vania—for their leadership in addressing the this. current configuration of retiree health serious fiscal challenges facing the United But the gentleman from Oregon is benefits. States Postal Service. I’d also like to recog- just not correct. This particular bill, Those days are long gone, and we nize the relentless and united effort on the while it may be part of a solution, have to figure out a way that will keep part of our postal employee unions, manage- gives them no flexibility. It gives them the Postal Service viable going for- ment associations, and other stakeholders to no additional cash flow. They are still ward. advance this commonsense legislation. going to go out of business if we do not This does not solve everything but, With the support of over 300 bipartisan co- come together and get something boy, I will tell you, this solves a lot. It sponsors, the U.S.P.S. Fairness Act would re- worked out for all of us to make sure buys us time to craft those other pieces peal a misguided provision in current law re- that, not only do we have a postal sys- that need to come together as well. quiring the postal service to fully fund its tem that works, but one that is not a So I would argue that we should not health care costs for future postal retirees dec- mere shadow of its former self. allow the perfect to be the enemy of ades before it is necessary—that’s an annual I will say this: I want to make sure the good. This is a solid change here. average cost of over $5.5 billion dollars. This that my postal unions and all of those This is something that I think people is a requirement that federal law does not im- that are watching very intently, you need to understand that what we are pose on any other government agency—espe- have made an impact on this Member requiring of the Postal Service right cially one that receives zero tax dollars and in- from North Carolina. now is that, when a new employee stead relies on the revenue generated by its Mr. Speaker, they have let me know comes into the Postal Service, we have own stamps, products, and services to fund its exactly how important this is. And yet, to set aside the money, on day one, for operations. It is no surprise that the postal at the same time, I am afraid I cannot their eventual retirement; while every service has not been able to make these exor- support this bill because it does not do other collective bargaining agreement bitant annual payments since 2011.

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 9920 E:\CR\FM\K05FE7.071 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H815 The elimination of the so-called ‘‘pre-funding SEC. 2. CODIFICATION OF THE FEDRAMP PRO- ‘‘(5) Issue FedRAMP authorization for any mandate’’ is a sensible first step towards im- GRAM. authorizations to operate issued by an agen- (a) AMENDMENT.—Chapter 36 of title 44, proving the financial viability of the postal cy that meets the requirements and guide- United States Code, is amended by adding at lines described in paragraph (1). service. This bipartisan bill should also guide the end the following new sections: ‘‘(6) Establish frameworks for agencies to our approach to developing comprehensive ‘‘§ 3607. Federal Risk and Authorization Man- use authorization packages processed by the postal reform legislation going forward. In agement Program FedRAMP Program Management Office and stark contrast to the more partisan and sweep- ‘‘(a) ESTABLISHMENT.—There is established Joint Authorization Board. ing reform proposals that have been pre- within the General Services Administration ‘‘(7) Coordinate with the Secretary of De- sented to our committee in recent years, H.R. the Federal Risk and Authorization Manage- fense and the Secretary of Homeland Secu- 2382 will immediately place the postal service ment Program. The Administrator of Gen- rity to establish a framework for continuous on more sound financial footing while pre- eral Services, in accordance with the guide- monitoring and reporting required of agen- lines established pursuant to section 3612, cies pursuant to section 3553. serving its core public service mission to ‘‘pro- shall establish a governmentwide program ‘‘(8) Establish a centralized and secure re- vide postal services to bind the nation together that provides the authoritative standardized pository to collect and share necessary data, through the correspondence of the people.’’ approach to security assessment and author- including security authorization packages, And contrary to the degradation of postal ization for cloud computing products and from the Joint Authorization Board and delivery services, or the wholesale privatiza- services that process unclassified informa- agencies to enable better sharing and reuse tion of the postal service itself, H.R. 2382 is tion used by agencies. to such packages across agencies. ‘‘(b) COMPONENTS OF FEDRAMP.—The Joint the end product of bipartisan cooperation and ‘‘(c) EVALUATION OF AUTOMATION PROCE- Authorization Board and the FedRAMP Pro- DURES.— the subject of broad consensus among our di- gram Management Office are established as ‘‘(1) IN GENERAL.—The FedRAMP Program verse postal stakeholders. As we develop ad- components of FedRAMP. Management Office shall assess and evaluate ditional postal reform legislation, it is impera- ‘‘§ 3608. FedRAMP Program Management Of- available automation capabilities and proce- tive that we continue to identify fundamental fice dures to improve the efficiency and effective- and practical areas of agreement. ‘‘(a) GSA DUTIES.— ness of the issuance of provisional authoriza- I urge my colleagues on both sides of the ‘‘(1) ROLES AND RESPONSIBILITIES.—The Ad- tions to operate issued by the Joint Author- aisle to support this legislation. ministrator of General Services shall— ization Board and FedRAMP authorizations, The SPEAKER pro tempore. The ‘‘(A) determine the categories and charac- including continuous monitoring of cloud en- teristics of cloud computing information vironments and among cloud environments. question is on the motion offered by technology goods or services that are within ‘‘(2) MEANS FOR AUTOMATION.—Not later the gentlewoman from New York (Mrs. the jurisdiction of FedRAMP and that re- than 1 year after the date of the enactment CAROLYN B. MALONEY) that the House quire FedRAMP authorization from the of this section and updated annually there- suspend the rules and pass the bill, Joint Authorization Board or the FedRAMP after, the FedRAMP Program Management H.R. 2382. Program Management Office; Office shall establish a means for the auto- The question was taken. ‘‘(B) develop, coordinate, and implement a mation of security assessments and reviews. The SPEAKER pro tempore. In the process for the FedRAMP Program Manage- ‘‘(d) METRICS FOR AUTHORIZATION.—The ment Office, the Joint Authorization Board, FedRAMP Program Management Office shall opinion of the Chair, two-thirds being and agencies to review security assessments establish annual metrics regarding the time in the affirmative, the ayes have it. of cloud computing services pursuant to sub- and quality of the assessments necessary for Ms. FOXX of North Carolina. Mr. sections (b) and (c) of section 3611, and appro- completion of a FedRAMP authorization Speaker, on that I demand the yeas priate oversight of continuous monitoring of process in a manner that can be consistently and nays. cloud computing services; and tracked over time in conjunction with the The yeas and nays were ordered. ‘‘(C) ensure the continuous improvement of periodic testing and evaluation process pur- FedRAMP. suant to section 3554 in a manner that mini- The SPEAKER pro tempore. Pursu- mizes the agency reporting burden. ant to clause 8 of rule XX, further pro- ‘‘(2) IMPLEMENTATION.—The Administrator shall oversee the implementation of ‘‘§ 3609. Joint Authorization Board ceedings on this motion will be post- FedRAMP, including— ‘‘(a) ESTABLISHMENT.—There is established poned. ‘‘(A) appointing a Program Director to the Joint Authorization Board which shall oversee the FedRAMP Program Management consist of cloud computing experts, ap- f Office; pointed by the Director in consultation with ‘‘(B) hiring professional staff as may be the Administrator, from each of the fol- FEDERAL RISK AND AUTHORIZA- necessary for the effective operation of the lowing: TION MANAGEMENT PROGRAM FedRAMP Program Management Office, and ‘‘(1) The Department of Defense. AUTHORIZATION ACT OF 2019 such other activities as are essential to prop- ‘‘(2) The Department of Homeland Secu- erly perform critical functions; Mrs. CAROLYN B. MALONEY of New rity. ‘‘(C) entering into interagency agreements ‘‘(3) The General Services Administration. York. Mr. Speaker, I move to suspend to detail personnel on a reimbursable or non- ‘‘(4) Such other agencies as determined by the rules and pass the bill (H.R. 3941) to reimbursable basis to assist the FedRAMP the Director, in consultation with the Ad- enhance the innovation, security, and Program Management Office and the Joint ministrator. availability of cloud computing serv- Authorization Board in discharging the re- ‘‘(b) ISSUANCE OF PROVISIONAL AUTHORIZA- ices used in the Federal Government by sponsibilities of the Office under this sec- TIONS TO OPERATE.—The Joint Authorization establishing the Federal Risk and Au- tion; and Board shall conduct security assessments of ‘‘(D) such other actions as the Adminis- cloud computing services and issue provi- thorization Management Program trator may determine necessary to carry out sional authorizations to operate to cloud within the General Services Adminis- this section. service providers that meet FedRAMP secu- tration and by establishing a risk man- ‘‘(b) DUTIES.—The FedRAMP Program rity guidelines set forth in section 3608(b)(1). agement, authorization, and contin- Management Office shall have the following ‘‘(c) DUTIES.—The Joint Authorization uous monitoring process to enable the duties: Board shall— Federal Government to leverage cloud ‘‘(1) Provide guidance to independent as- ‘‘(1) develop and make publicly available computing services using a risk-based sessment organizations, validate the inde- on a website, determined by the Adminis- pendent assessments, and apply the require- trator, criteria for prioritizing and selecting approach consistent with the Federal ments and guidelines adopted in section cloud computing services to be assessed by Information Security Modernization 3609(c)(5). the Joint Authorization Board; Act of 2014 and cloud-based operations, ‘‘(2) Oversee and issue guidelines regarding ‘‘(2) provide regular updates on the status and for other purposes, as amended. the qualifications, roles, and responsibilities of any cloud computing service during the The Clerk read the title of the bill. of independent assessment organizations. assessment and authorization process of the The text of the bill is as follows: ‘‘(3) Develop templates and other materials Joint Authorization Board; to support the Joint Authorization Board ‘‘(3) review and validate cloud computing H.R. 3941 and agencies in the authorization of cloud services and independent assessment organi- Be it enacted by the Senate and House of Rep- computing services to increase the speed, ef- zation security packages or any documenta- resentatives of the United States of America in fectiveness, and transparency of the author- tion determined to be necessary by the Joint Congress assembled, ization process, consistent with standards Authorization Board to evaluate the system SECTION 1. SHORT TITLE. defined by the National Institute of Stand- security of a cloud computing service; This Act may be cited as the ‘‘Federal Risk ards and Technology. ‘‘(4) in consultation with the FedRAMP and Authorization Management Program ‘‘(4) Establish and maintain a public com- Program Management Office, serve as a re- Authorization Act of 2019’’ or the ‘‘FedRAMP ment process for proposed guidance before source for best practices to accelerate the Authorization Act’’. the issuance of such guidance by FedRAMP. FedRAMP process;

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.039 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H816 CONGRESSIONAL RECORD — HOUSE February 5, 2020 ‘‘(5) establish requirements and guidelines enactment of this section, the head of each Authorization Board and agency sponsored for security assessments of cloud computing agency shall submit to the Director the poli- authorizations that receive FedRAMP au- services, consistent with standards defined cies created pursuant to subsection (a)(1) for thorization by the FedRAMP Program Man- by the National Institute of Standards and review and approval. agement Office. Technology, to be used by the Joint Author- ‘‘(c) SUBMISSION OF AUTHORIZATIONS TO OP- ‘‘(3) The length of time for the Joint Au- ization Board and agencies; ERATE REQUIRED.—Upon issuance of an authorization Board to review applications for ‘‘(6) perform such other roles and respon- thorization to operate or a provisional au- and issue provisional authorizations to oper- sibilities as the Administrator may assign, thorization to operate issued by an agency, ate. in consultation with the FedRAMP Program the head of each agency shall provide a copy ‘‘(4) The length of time for the FedRAMP Management Office and members of the of the authorization to operate letter and Program Management Office to review agen- Joint Authorization Board; and any supplementary information required cy applications for and issue FedRAMP au- ‘‘(7) establish metrics and goals for reviews pursuant to section 3608(b) to the FedRAMP thorization. and activities associated with issuing provi- Program Management Office. ‘‘(5) The number of provisional authoriza- sional authorizations to operate and provide ‘‘(d) PRESUMPTION OF ADEQUACY.— tions to operate issued by the Joint Author- to the FedRAMP Program Management Of- ‘‘(1) IN GENERAL.—The assessment of secu- ization Board and FedRAMP authorizations fice. rity controls and materials within the au- issued by the FedRAMP Program Manage- ‘‘(d) DETERMINATIONS OF DEMAND FOR thorization package for provisional author- ment Office for the previous year. CLOUD COMPUTING SERVICES.—The Joint Au- izations to operate issued by the Joint Au- ‘‘(6) A review of progress made during the thorization Board shall consult with the thorization Board and agency authorizations preceding year in advancing automation Chief Information Officers Council estab- to operate that receive FedRAMP authoriza- techniques to securely automate FedRAMP lished in section 3603 to establish a process tion from the FedRAMP Program Manage- processes and to accelerate reporting as de- for prioritizing and accepting the cloud comment Office shall be presumed adequate for scribed in this section. puting services to be granted a provisional use in agency authorizations of cloud com- ‘‘(7) The number and characteristics of au- authorization to operate through the Joint puting products and services. thorized cloud computing services in use at Authorization Board, which shall be made ‘‘(2) INFORMATION SECURITY REQUIRE- each agency consistent with guidance pro- available on a public website. MENTS.—The presumption under paragraph vided by the Director in section 3612. ‘‘(e) DETAIL OF PERSONNEL.—To assist the (1) does not modify or alter the responsi- ‘‘§ 3615. Federal Secure Cloud Advisory Com- Joint Authorization Board in discharging bility of any agency to ensure compliance mittee the responsibilities under this section, per- with subchapter II of chapter 35 for any ‘‘(a) ESTABLISHMENT, PURPOSES, AND DU- sonnel of agencies may be detailed to the cloud computing products or services used by TIES.— Joint Authorization Board for the perform- the agency. ance of duties described under subsection (c). ‘‘(1) ESTABLISHMENT.—There is established ‘‘§ 3612. Roles and responsibilities of the Of- a Federal Secure Cloud Advisory Committee ‘‘§ 3610. Independent assessment organiza- fice of Management and Budget (referred to in this section as the ‘Com- tions ‘‘The Director shall have the following du- mittee’) to ensure effective and ongoing co- ‘‘(a) REQUIREMENTS FOR ACCREDITATION.— ties: ordination of agency adoption, use, author- The Joint Authorization Board shall deter- ‘‘(1) Issue guidance to ensure that an agen- ization, monitoring, acquisition, and secu- mine the requirements for certification of cy does not operate a Federal Government rity of cloud computing products and serv- independent assessment organizations pursu- cloud computing service using Government ices to enable agency mission and adminis- ant to section 3609. Such requirements may data without an authorization to operate trative priorities. include developing or requiring certification issued by the agency that meets the require- ‘‘(2) PURPOSES.—The purposes of the Com- programs for individuals employed by the ments of subchapter II of chapter 35 and mittee are the following: independent assessment organizations who FedRAMP. ‘‘(A) To examine the operations of lead FedRAMP assessment teams. ‘‘(2) Ensure agencies are in compliance FedRAMP and determine ways that author- ‘‘(b) ASSESSMENT.—Accredited independent with any guidance or other requirements ization processes can continuously be im- assessment organizations may assess, vali- proved, including the following: date, and attest to the quality and compli- issued related to FedRAMP. ‘‘(i) Measures to increase agency re-use of ance of security assessment materials pro- ‘‘(3) Review, analyze, and update guidance vided by cloud service providers. on the adoption, security, and use of cloud provisional authorizations to operate issued computing services used by agencies. by the Joint Authorization Board. ‘‘§ 3611. Roles and responsibilities of agencies ‘‘(4) Ensure the Joint Authorization Board ‘‘(ii) Proposed actions that can be adopted ‘‘(a) IN GENERAL.—In implementing the re- is in compliance with section 3609(c). to reduce the cost of provisional authoriza- quirements of FedRAMP, the head of each ‘‘(5) Adjudicate disagreements between the tions to operate and FedRAMP authoriza- agency shall, consistent with guidance Joint Authorization Board and cloud service tions for cloud service providers. issued by the Director pursuant to section providers seeking a provisional authoriza- ‘‘(iii) Measures to increase the number of 3612— tion to operate through the Joint Authoriza- provisional authorizations to operate or ‘‘(1) create policies to ensure cloud com- tion Board. FedRAMP authorizations for cloud computing services used by the agency meet ‘‘(6) Promulgate regulations on the role of puting services offered by small businesses FedRAMP security requirements and other FedRAMP authorization in agency acquisi- (as defined by section 3(a) of the Small Busi- risk-based performance requirements as de- tion of cloud computing products and serv- ness Act (15 U.S.C. 632(a)). fined by the Director; ices that process unclassified information. ‘‘(B) Collect information and feedback on ‘‘(2) issue agency-specific authorizations to agency compliance with and implementation operate for cloud computing services in com- ‘‘§ 3613. Authorization of appropriations for FEDRAMP of FedRAMP requirements. pliance with section 3554; ‘‘(C) Serve as a forum that facilitates com- ‘‘(3) confirm whether there is a provisional ‘‘There is authorized to be appropriated munication and collaboration among the $20,000,000 each year for the FedRAMP Pro- authorization to operate in the cloud secu- FedRAMP stakeholder community. gram Management Office and the Joint Au- rity repository established under section ‘‘(3) DUTIES.—The duties of the Committee thorization Board. 3608(b)(10) issued by the Joint Authorization are, at a minimum, the following: Board or a FedRAMP authorization issued ‘‘§ 3614. Reports to Congress ‘‘(A) Provide advice and recommendations by the FedRAMP Program Management Of- ‘‘Not later than 12 months after the date of to the Administrator, the Joint Authoriza- fice before beginning an agency authoriza- the enactment of this section, and annually tion Board, and to agencies on technical, fi- tion for a cloud computing product or serv- thereafter, the Director shall submit to the nancial, programmatic, and operational mat- ice; Committee on Oversight and Reform of the ters regarding secure adoption of cloud com- ‘‘(4) to the extent practicable, for any House of Representatives and the Committee puting services. cloud computing product or service the agen- on Homeland Security and Governmental Af- ‘‘(B) Submit reports as required. cy seeks to authorize that has received ei- fairs of the Senate a report that includes the ‘‘(b) MEMBERS.— ther a provisional authorization to operate following: ‘‘(1) COMPOSITION.—The Committee shall be by the Joint Authorization Board or a ‘‘(1) The status, efficiency, and effective- comprised of not more than 15 members who FedRAMP authorization by the FedRAMP ness of FedRAMP Program Management Of- are qualified representatives from the public Program Management Office, use the exist- fice and agencies during the preceding year and private sectors, appointed by the Admin- ing assessments of security controls and main supporting the speed, effectiveness, shar- istrator, in consultation with the Adminis- terials within the authorization package; ing, reuse, and security of authorizations to trator of the Office of Electronic Govern- and operate for cloud computing products and ment, as follows: ‘‘(5) provide data and information required services, including progress towards meeting ‘‘(A) The Administrator or the Administra- to the Director pursuant to section 3612 to the metrics adopted by the FedRAMP Pro- tor’s designee, who shall be the Chair of the determine how agencies are meeting metrics gram Management Office pursuant to section Committee. as defined by the FedRAMP Program Man- 3608(d) and the Joint Authorization Board ‘‘(B) At least 1 representative each from agement Office. pursuant to section 3609(c)(5). the Cybersecurity and Infrastructure Secu- ‘‘(b) SUBMISSION OF POLICIES REQUIRED.— ‘‘(2) Data on agency use of provisional au- rity Agency and the National Institute of Not later than 6 months after the date of the thorizations to operate issued by the Joint Standards and Technology.

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‘‘(C) At least 2 officials who serve as the ‘‘(g) CONTRACTING.—The Committee, may, Technology in NIST Special Publication 800– Chief Information Security Officer within an to such extent and in such amounts as are 145 and any amendatory or superseding docu- agency, who shall be required to maintain provided in appropriation Acts, enter into ment thereto. such a position throughout the duration of contracts to enable the Committee to dis- ‘‘(4) CLOUD SERVICE PROVIDER.—The term their service on the Committee. charge its duties under this section. ‘cloud service provider’ means an entity of- ‘‘(D) At least 1 official serving as Chief ‘‘(h) INFORMATION FROM FEDERAL AGEN- fering cloud computing services to agencies. Procurement Officer (or equivalent) in an CIES.— ‘‘(5) DIRECTOR.—The term ‘Director’ means agency, who shall be required to maintain ‘‘(1) IN GENERAL.—The Committee is au- the Director of the Office of Management such a position throughout the duration of thorized to secure directly from any execu- and Budget. their service on the Committee. tive department, bureau, agency, board, ‘‘(6) FEDRAMP.—The term ‘FedRAMP’ ‘‘(E) At least 1 individual representing an commission, office, independent establish- means the Federal Risk and Authorization independent assessment organization. ment, or instrumentality of the Government, Management Program established under sec- ‘‘(F) No fewer than 5 representatives from information, suggestions, estimates, and sta- tion 3607(a). unique businesses that primarily provide tistics for the purposes of the Committee. ‘‘(7) FEDRAMP AUTHORIZATION.—The term cloud computing services or products, in- Each department, bureau, agency, board, ‘FedRAMP authorization’ means a cloud cluding at least 2 representatives from a commission, office, independent establish- computing product or service that has re- small business (as defined by section 3(a) of ment, or instrumentality shall, to the extent ceived an agency authorization to operate the Small Business Act (15 U.S.C. 632(a))). authorized by law, furnish such information, and has been approved by the FedRAMP Pro- ‘‘(G) At least 2 other government rep- suggestions, estimates, and statistics di- gram Management Office to meet require- resentatives as the Administrator deter- rectly to the Committee, upon request made ments and guidelines established by the mines to be necessary to provide sufficient by the Chair, the Chair of any subcommittee FedRAMP Program Management Office. balance, insights, or expertise to the Com- created by a majority of the Committee, or ‘‘(8) FEDRAMP PROGRAM MANAGEMENT OF- mittee. any member designated by a majority of the FICE.—The term ‘FedRAMP Program Man- ‘‘(2) DEADLINE FOR APPOINTMENT.—Each Committee. agement Office’ means the office that admin- member of the Committee shall be appointed ‘‘(2) RECEIPT, HANDLING, STORAGE, AND DIS- isters FedRAMP established under section not later than 30 days after the date of the SEMINATION.—Information may only be re- 3608. enactment of this Act. ceived, handled, stored, and disseminated by ‘‘(9) INDEPENDENT ASSESSMENT ORGANIZA- ‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— members of the Committee and its staff con- TION.—The term ‘independent assessment or- ‘‘(A) IN GENERAL.—Each non-Federal mem- sistent with all applicable statutes, regula- ganization’ means a third-party organization ber of the Committee shall be appointed for tions, and Executive orders. accredited by the Program Director of the a term of 3 years, except that the initial ‘‘(i) DETAIL OF EMPLOYEES.—Any Federal FedRAMP Program Management Office to terms for members may be staggered 1, 2, or Government employee may be detailed to undertake conformity assessments of cloud 3 year terms to establish a rotation in which the Committee without reimbursement from service providers. one-third of the members are selected each the Committee, and such detailee shall re- ‘‘(10) JOINT AUTHORIZATION BOARD.—The year. Any such member may be appointed for tain the rights, status, and privileges of his term ‘Joint Authorization Board’ means the not more than 2 consecutive terms. or her regular employment without interrup- Joint Authorization Board established under ‘‘(B) VACANCIES.—Any vacancy in the Com- tion. section 3609.’’. mittee shall not affect its powers, but shall ‘‘(j) POSTAL SERVICES.—The Committee (b) TECHNICAL AND CONFORMING AMEND- be filled in the same manner in which the may use the United States mails in the same MENT.—The table of sections for chapter 36 of original appointment was made. Any mem- manner and under the same conditions as title 44, United States Code, is amended by ber appointed to fill a vacancy occurring be- agencies. adding at the end the following new items: ‘‘(k) EXPERT AND CONSULTANT SERVICES.— fore the expiration of the term for which the ‘‘3607. Federal Risk and Authorization Man- The Committee is authorized to procure the member’s predecessor was appointed shall be agement Program. services of experts and consultants in ac- appointed only for the remainder of that ‘‘3608. FedRAMP Program Management Of- cordance with section 3109 of title 5, but at term. A member may serve after the expira- fice. rates not to exceed the daily rate paid a per- tion of that member’s term until a successor ‘‘3609. Joint Authorization Board. son occupying a position at Level IV of the has taken office. ‘‘3610. Independent assessment organiza- Executive Schedule under section 5315 of ‘‘(c) MEETINGS AND RULES OF PROCE- tions. title 5. DURES.— ‘‘3611. Roles and responsibilities of agencies. ‘‘(l) REPORTS.— ‘‘(1) MEETINGS.—The Committee shall hold ‘‘3612. Roles and responsibilities of the Office ‘‘(1) INTERIM REPORTS.—The Committee not fewer than 3 meetings in a calendar year, of Management and Budget. may submit to the Administrator and Con- at such time and place as determined by the ‘‘3613. Authorization of appropriations for gress interim reports containing such find- Chair. FEDRAMP. ‘‘(2) INITIAL MEETING.—Not later than 120 ings, conclusions, and recommendations as have been agreed to by the Committee. ‘‘3614. Reports to Congress. days after the date of the enactment of this ‘‘3615. Federal Secure Cloud Advisory Com- section, the Committee shall meet and begin ‘‘(2) ANNUAL REPORTS.—Not later than 18 months after the date of the enactment of mittee. the operations of the Committee. ‘‘3616. Definitions.’’. ‘‘(3) RULES OF PROCEDURE.—The Committee this section, and annually thereafter, the may establish rules for the conduct of the Committee shall submit to the Adminis- (c) SUNSET.—This Act and any amendment business of the Committee, if such rules are trator and Congress a final report containing made by this Act shall be repealed on the not inconsistent with this section or other such findings, conclusions, and recommenda- date that is 10 years after the date of the en- applicable law. tions as have been agreed to by the Com- actment of this Act. (d) RULE OF CONSTRUCTION.—Nothing in ‘‘(d) EMPLOYEE STATUS.— mittee. this Act or any amendment made by this Act ‘‘(1) IN GENERAL.—A member of the Com- ‘‘§ 3616. Definitions shall be construed as altering or impairing mittee (other than a member who is ap- ‘‘(a) IN GENERAL.—Except as provided pointed to the Committee in connection with the authorities of the Director of the Office under subsection (b), the definitions under of Management and Budget or the Secretary another Federal appointment) shall not be sections 3502 and 3552 apply to sections 3607 considered an employee of the Federal Gov- of Homeland Security under subchapter II of through this section. chapter 35 of title 44, United States Code. ernment by reason of any service as such a ‘‘(b) ADDITIONAL DEFINITIONS.—In sections member, except for the purposes of section 3607 through this section: The SPEAKER pro tempore. Pursu- 5703 of title 5, relating to travel expenses. ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ant to the rule, the gentlewoman from ‘‘(2) PAY NOT PERMITTED.—A member of the trator’ means the Administrator of General New York (Mrs. CAROLYN B. MALONEY) Committee covered by paragraph (1) may not Services. and the gentleman from North Caro- receive pay by reason of service on the panel. ‘‘(2) AUTHORIZATION PACKAGE.—The term lina (Mr. MEADOWS) each will control 20 ‘‘(e) APPLICABILITY TO THE FEDERAL ADVI- ‘authorization package’— minutes. SORY COMMITTEE ACT.—Notwithstanding any ‘‘(A) means the essential information used other provision of law, the Federal Advisory to determine whether to authorize the oper- The Chair recognizes the gentle- Committee Act (5 U.S.C. App.) shall apply to ation of an information system or the use of woman from New York. the Committee, except that section 14 of a designated set of common controls; and GENERAL LEAVE such Act shall not apply. ‘‘(B) at a minimum, includes the informa- Mrs. CAROLYN B. MALONEY of New ‘‘(f) HEARINGS AND EVIDENCE.—The Com- tion system security plan, privacy plan, se- York. Mr. Speaker, I ask unanimous mittee, or on the authority of the Com- curity control assessment, privacy control consent that all Members may have 5 mittee, any subcommittee, may, for the pur- assessment, and any relevant plans of action poses of carrying out this section, hold hear- and milestones. legislative days within which to revise ings, sit and act at such times and places, ‘‘(3) CLOUD COMPUTING.—The term ‘cloud and extend their remarks and include take testimony, receive evidence, and ad- computing’ has the meaning given that term extraneous material on the measure minister oaths. by the National Institutes of Standards and before us.

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.040 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H818 CONGRESSIONAL RECORD — HOUSE February 5, 2020 The SPEAKER pro tempore. Is there The Federal Risk and Authorization Man- FedRAMP in helping agencies mod- objection to the request of the gentle- agement Program, or FedRAMP, is the main ernize their information technology woman from New York? federal program focused on cyber security for systems. There was no objection. cloud services. Cloud Smart also highlighted im- Mrs. CAROLYN B. MALONEY of New It provides a process for agencies to follow provements the program has imple- York. Mr. Speaker, I yield myself such when procuring cloud systems to ensure the mented over the past few years that time as I may consume. systems meet strict cyber security controls. have resulted in a drastically reduced I thank my colleagues and friends, Recent federal policies make the focus on timeframe for providing a provisional Representatives CONNOLLY and MEAD- securing cloud services especially important. authorization to operate a cloud serv- OWS, for their bipartisan work on this With the Cloud First initiative in 2011 and ice provider. very important measure. the Cloud Smart initiative from last year, the However, the administration also The Federal Risk and Authorization government has focused on implementation of noted that there is still lack of reci- Management Program Authorization cloud technologies. procity across agencies in taking ad- Act would codify and improve the ex- The federal government has been plagued vantage of FedRAMP-authorized prod- isting FedRAMP program in the Gen- by reoccurring problems in information tech- ucts. Without that reciprocity, agen- eral Services Administration. nology, such as low asset utilization, duplica- cies end up duplicating the assessment First established in 2011, FedRAMP is tive systems, and fragmented resources. process of cloud service offerings, lead- an important program that certifies Shifting to the cloud provides for improved ing to time delays and inefficiencies cloud service providers that wish to asset utilization, increased innovation, and a for both the Federal Government and offer services to the Federal Govern- more responsive tech environment. the providers. ment. The FedRAMP certification These improved efficiencies lead to a signifi- In July, the Subcommittee on Gov- process outlined in this bill is com- cant cost savings. ernment Operations held a hearing to prehensive and facilitates easier agen- In fiscal year 2018, the government spent look at what the GSA has done right in cy adoption, promotes agency reuse, roughly six and a half billion dollars on cloud administering the program and the and encourages savings. computing, with eighty four percent coming ways in which FedRAMP can and The FedRAMP process uses a risk- from FedRAMP authorized providers. should be improved. The message both based approach to ensure the reli- Efficiencies from FedRAMP saved agencies from agency and industry witnesses ability of any cloud platform that over two hundred fifty million dollars. was clear. FedRAMP is an important hosts unclassified government data. A Codifying the program is an important step program that, if carried out effectively significant provision of this bill is the to encouraging agencies to take advantage of and efficiently, saves money for both Federal Secure Cloud Advisory Com- this program and all the benefits it offers. agencies and businesses hoping to pro- mittee. This committee would be I urge my colleagues to support the bill. vide those services. tasked with key responsibilities, in- Mr. Speaker, I reserve the balance of The FedRAMP Authorization Act cluding providing technical expertise my time. codifies the program and addresses on cloud products and services and Mrs. CAROLYN B. MALONEY of New many of the concerns raised in July by identifying ways to reduce costs associ- York. Mr. Speaker, I yield as much both the administration and private- ated with FedRAMP certification. time as he may consume to the gen- sector witnesses. The Director of the Office of Manage- tleman from Virginia (Mr. CONNOLLY), First, the bill reduces duplication of ment and Budget would be required to chair of the subcommittee. security assessments and other obsta- issue regulations pertaining to Mr. CONNOLLY. Mr. Speaker, I cles to agency adoption of cloud prod- FedRAMP and would ensure that agen- thank the gentlewoman for yielding. ucts by establishing—and this is really cies are not using cloud service pro- I salute my partner and friend on our important—a presumption of adequacy viders without authorization. subcommittee, Mr. MEADOWS. He for cloud technologies that have al- This bill supports a critical effort to chaired the subcommittee in the pre- ready received FedRAMP certification. keep our Nation’s information secure vious Congress, and I was his ranking Going to 33 different windows with 33 in cloud environments. member. We have reversed roles, but separate processes costs way too much Mr. Speaker, I support this bill, and our partnership continues, especially money, takes way too much time, and, I reserve the balance of my time. in trying to modernize the Federal frankly, is unnecessary. Mr. MEADOWS. Mr. Speaker, I yield Government and bringing it into the The presumption of adequacy means myself such time as I may consume. 21st century in terms of information that the cloud service offering has met I rise in support of H.R. 3941, the technology. We know that when we baseline security standards already es- FedRAMP Authorization Act. don’t make those investments, bad tablished by the program and should be Cybersecurity and IT modernization things can happen. We just saw that considered approved for use across the are both vital issues that we need to the other night in the Iowa caucus. Federal Government, except where make sure run properly. The gen- H.R. 3941 codifies the Federal Risk very specialized services would be re- tleman from Virginia (Mr. CONNOLLY) and Authorization Management Pro- quired. has been very proactive on this front. gram, known as FedRAMP, established The bill also facilitates agency reuse The Federal Risk and Authorization in 2011 to provide a cost-effective, risk- of cloud technologies that have already Management Program, or FedRAMP, based approach for the adoption and received an authorization to operate by as it is commonly referred to, would use of cloud computing technologies requiring agencies to check a central- allow Federal programs to focus on cy- within the Federal Government. ized and secure repository and, to the bersecurity for cloud services, and it FedRAMP standardizes security re- extent practicable, reuse any existing provides a process for agencies to fol- quirements for the authorization and security assessment before conducting low when procuring cloud systems to ongoing cybersecurity assessments of an independent one of their own. ensure that those systems meet strict cloud services for information systems The desire to automate aspects of cybersecurity controls. across the Federal Government. In FedRAMP assessment processes was The gentlewoman, the chairman of short, FedRAMP seeks to reduce the another key finding of the subcommit- the full committee, has certainly redundancies of Federal cloud migra- tee’s hearing. This bill requires the talked on a number of issues as it re- tion and to help agencies quickly adopt GSA work toward automating their lates to this bill, but since there is no cloud technologies. processes, which will lead to more opposition that I am aware of, I will I am also happy to say that standard security assessments and con- just submit my remarks for the FedRAMP has the approval of this ad- tinuous monitoring of cloud offerings RECORD. ministration. Last June, the Trump ad- to increase the efficiency for both pro- Mr. Speaker, I rise in support of H.R. 3941, ministration issued its Federal cloud viders and agencies. the FedRAMP Authorization Act. computing strategy called Cloud The bill also establishes, as the dis- Cyber security and IT modernization are Smart, which reaffirmed its support for tinguished chairwoman indicated, a both vital issues to ensure this government FedRAMP. The Cloud Smart strategy Federal Secure Cloud Advisory Com- runs efficiently and effectively. acknowledged the importance of mittee to ensure a dialogue among

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.075 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H819 GSA, agency cybersecurity and pro- ‘‘(1) ANNUAL FINANCIAL STATEMENT.—The ‘‘§ 3352. Estimates of improper payments and curement officials, and industry in term ‘annual financial statement’ means the reports on actions to reduce improper pay- order to have effective and ongoing co- annual financial statement required under ments section 3515 of this title or similar provision ordination in acquisition and adoption of law. ‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PRO- of cloud products by the Federal Gov- ‘‘(2) COMPLIANCE.—The term ‘compliance’ GRAMS AND ACTIVITIES.— ernment. means that an executive agency— ‘‘(1) IN GENERAL.—The head of each execu- Finally, the bill authorizes the pro- ‘‘(A) has— tive agency shall, in accordance with guid- gram at $20 million at an annual level, ‘‘(i) published improper payments informa- ance prescribed by the Director of the Office providing sufficient resources to in- tion with the annual financial statement of of Management and Budget— crease the number of secure cloud tech- the executive agency for the most recent fis- ‘‘(A) periodically review all programs and nologies available for agency adoption. cal year; and activities that the head of the executive ‘‘(ii) posted on the website of the executive agency administers; and We have worked with OMB, GSA, in- agency that statement and any accom- ‘‘(B) identify all programs and activities dustry stakeholders, and our minority panying materials required under guidance with outlays exceeding the statutory thresh- counterparts to ensure that this bill of the Office of Management and Budget; old dollar amount described in paragraph makes needed improvements in the ‘‘(B) if required, has conducted a program (3)(A)(i) that may be susceptible to signifi- FedRAMP program and gives the pro- specific risk assessment for each program or cant improper payments. gram the flexibility to grow and adopt activity that conforms with the require- ‘‘(2) FREQUENCY.—A review under para- to future changes in cloud tech- ments under section 3352(a); graph (1) shall be performed for each pro- ‘‘(C) if required, publishes improper pay- gram and activity that the head of an execu- nologies. I believe it is consistent with ments estimates for all programs and activi- the administration’s goals, and I urge tive agency administers not less frequently ties identified under section 3352(a) in the ac- than once every 3 fiscal years. adoption of the bill. companying materials to the annual finan- ‘‘(3) RISK ASSESSMENTS.— Mr. MEADOWS. Mr. Speaker, I yield cial statement; ‘‘(A) DEFINITION OF SIGNIFICANT.—In this myself the balance of my time. ‘‘(D) publishes programmatic corrective paragraph, the term ‘significant’ means that, I thank the gentleman for his leader- action plans prepared under section 3352(d) in the preceding fiscal year, the sum of a ship on this. I will say that I have had that the executive agency may have in the program or activity’s improper payments a number of conversations in recent accompanying materials to the annual finan- and payments whose propriety cannot be de- cial statement; termined by the executive agency due to weeks with stakeholders who have of- ‘‘(E) publishes improper payments reduc- lacking or insufficient documentation may fered some suggestions on what we tion targets established under section 3352(d) have exceeded— could do, so I look forward to working that the executive agency may have in the ‘‘(i) $10,000,000 of all reported program or with the gentleman opposite on how we accompanying materials to the annual finan- activity payments of the executive agency can address this critical issue. cial statement for each program or activity assessed to be at risk, and has demonstrated made during that fiscal year and 1.5 percent Mr. Speaker, I would urge support of program outlays; or and adoption of this measure, and I improvements and developed a plan to meet the reduction targets; and ‘‘(ii) $100,000,000. yield back the balance of my time. ‘‘(F) has reported an improper payment ‘‘(B) SCOPE.—In conducting a review under Mrs. CAROLYN B. MALONEY of New rate of less than 10 percent for each program paragraph (1), the head of each executive York. Mr. Speaker, I yield myself the and activity for which an estimate was pub- agency shall take into account those risk balance of my time. lished under section 3352(c). factors that are likely to contribute to a sus- I urge passage of H.R. 3941, as amend- ‘‘(3) DO NOT PAY INITIATIVE.—The term ‘Do ceptibility to significant improper pay- ed, and I yield back the balance of my Not Pay Initiative’ means the initiative de- ments, such as— scribed in section 3354(b). ‘‘(i) whether the program or activity re- time. viewed is new to the executive agency; The SPEAKER pro tempore. The ‘‘(4) IMPROPER PAYMENT.—The term ‘improper payment’— ‘‘(ii) the complexity of the program or ac- question is on the motion offered by ‘‘(A) means any payment that should not tivity reviewed; the gentlewoman from New York (Mrs. have been made or that was made in an in- ‘‘(iii) the volume of payments made CAROLYN B. MALONEY) that the House correct amount, including an overpayment through the program or activity reviewed; suspend the rules and pass the bill, or underpayment, under a statutory, con- ‘‘(iv) whether payments or payment eligi- H.R. 3941, as amended. tractual, administrative, or other legally ap- bility decisions are made outside of the exec- The question was taken; and (two- plicable requirement; and utive agency, such as by a State or local government; thirds being in the affirmative) the ‘‘(B) includes— ‘‘(i) any payment to an ineligible recipient; ‘‘(v) recent major changes in program fund- rules were suspended and the bill, as ‘‘(ii) any payment for an ineligible good or ing, authorities, practices, or procedures; amended, was passed. service; ‘‘(vi) the level, experience, and quality of A motion to reconsider was laid on ‘‘(iii) any duplicate payment; training for personnel responsible for mak- the table. ‘‘(iv) any payment for a good or service not ing program eligibility determinations or f received, except for those payments where certifying that payments are accurate; authorized by law; and ‘‘(vii) significant deficiencies in the audit PAYMENT INTEGRITY ‘‘(v) any payment that does not account report of the executive agency or other rel- INFORMATION ACT OF 2019 for credit for applicable discounts. evant management findings that might Mrs. CAROLYN B. MALONEY of New ‘‘(5) PAYMENT.—The term ‘payment’ means hinder accurate payment certification; any transfer or commitment for future ‘‘(viii) similarities to other programs or York. Mr. Speaker, I move to suspend transfer of Federal funds such as cash, secu- activities that have reported improper pay- the rules and pass the bill (S. 375) to rities, loans, loan guarantees, and insurance ment estimates or been deemed susceptible improve efforts to identify and reduce subsidies to any non-Federal person or enti- to significant improper payments; Governmentwide improper payments, ty or a Federal employee, that is made by a ‘‘(ix) the accuracy and reliability of im- and for other purposes. Federal agency, a Federal contractor, a Fed- proper payment estimates previously re- The Clerk read the title of the bill. eral grantee, or a governmental or other or- ported for the program or activity, or other The text of the bill is as follows: ganization administering a Federal program indicator of potential susceptibility to im- or activity. proper payments identified by the Inspector S. 375 ‘‘(6) PAYMENT FOR AN INELIGIBLE GOOD OR General of the executive agency, the Govern- Be it enacted by the Senate and House of Rep- SERVICE.—The term ‘payment for an ineli- ment Accountability Office, other audits resentatives of the United States of America in gible good or service’ includes a payment for performed by or on behalf of the Federal, Congress assembled, any good or service that is rejected under State, or local government, disclosures by SECTION 1. SHORT TITLE. any provision of any contract, grant, lease, the executive agency, or any other means; This Act may be cited as the ‘‘Payment In- cooperative agreement, or other funding ‘‘(x) whether the program or activity lacks tegrity Information Act of 2019’’. mechanism. information or data systems to confirm eli- SEC. 2. IMPROPER PAYMENTS. ‘‘(7) RECOVERY AUDIT.—The term ‘recovery gibility or provide for other payment integ- (a) IN GENERAL.—Chapter 33 of title 31, audit’ means a recovery audit described in rity needs; and United States Code, is amended by adding at section 3352(i). ‘‘(xi) the risk of fraud as assessed by the the end the following: ‘‘(8) STATE.—The term ‘State’ means each executive agency under the Standards for In- State of the United States, the District of ternal Control in the Federal Government ‘‘Subchapter IV—Improper Payments Columbia, each territory or possession of the published by the Government Accountability ‘‘§ 3351. Definitions United States, and each Federally recognized Office (commonly known as the ‘Green ‘‘In this subchapter: Indian tribe. Book’).

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‘‘(C) ANNUAL REPORT.—Each executive gram, including improvements for improper held accountable through annual perform- agency shall publish an annual report that payments determination and estimation ance appraisal criteria for— includes— methodology. ‘‘(A) meeting applicable improper pay- ‘‘(i) a listing of each program or activity ‘‘(F) ANNUAL MEETING.—Not less frequently ments reduction targets; and identified under paragraph (1), including the than once every year, the head of each exec- ‘‘(B) establishing and maintaining suffi- date on which the program or activity was utive agency with a program identified under cient internal controls, including an appro- most recently assessed for risk under para- paragraph (1)(A), or a designee of the head of priate control environment, that effec- graph (1); and the executive agency, shall meet with the tively— ‘‘(ii) a listing of any program or activity Director of the Office of Management and ‘‘(i) prevent improper payments from being for which the executive agency makes any Budget, or a designee of the Director, to re- made; and substantial changes to the methodologies of port on actions taken during the preceding ‘‘(ii) promptly detect and recover improper the reviews conducted under paragraph (1). year and planned actions to prevent im- payments that are made; and ‘‘(b) IMPROVING THE DETERMINATION OF IM- proper payments. ‘‘(6) a description of how the level of PROPER PAYMENTS.— ‘‘(c) ESTIMATION OF IMPROPER PAYMENTS.— planned or completed actions by the execu- ‘‘(1) IN GENERAL.—The Director of the Of- ‘‘(1) ESTIMATION.—With respect to each tive agency to address the causes of the im- fice of Management and Budget shall on an program and activity identified under sub- proper payments matches the level of im- annual basis— section (a)(1), the head of the relevant execu- proper payments, including a breakdown by ‘‘(A) identify a list of high-priority Federal tive agency shall— category of improper payment and specific programs for greater levels of oversight and ‘‘(A) produce a statistically valid estimate, timelines for completion of those actions. review— or an estimate that is otherwise appropriate ‘‘(e) REPORTS ON ACTIONS TO RECOVER IM- ‘‘(i) in which the highest dollar value or using a methodology approved by the Direc- PROPER PAYMENTS.—With respect to im- highest rate of improper payments occur; or tor of the Office of Management and Budget, proper payments identified in a recovery ‘‘(ii) for which there is a higher risk of im- of the improper payments made under the audit, the head of the executive agency shall proper payments; and program or activity; and provide with the estimate required under ‘‘(B) in coordination with the executive ‘‘(B) include the estimates described in subsection (c) a report on all actions the ex- agency responsible for administering a high- subparagraph (A) in the accompanying mate- ecutive agency is taking to recover the im- priority program identified under subpara- rials to the annual financial statement of proper payments, including— graph (A), establish annual targets and semi- the executive agency and as required in ap- ‘‘(1) a discussion of the methods used by annual or quarterly actions for reducing im- plicable guidance of the Office of Manage- the executive agency to recover improper proper payments associated with the high- ment and Budget. payments; priority program. ‘‘(2) LACKING OR INSUFFICIENT DOCUMENTA- ‘‘(2) the amounts recovered, outstanding, ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER TION.— and determined to not be collectable, includ- PAYMENTS.— ‘‘(A) IN GENERAL.—For the purpose of pro- ing the percent those amounts represent of ‘‘(A) IN GENERAL.—Subject to Federal pri- ducing an estimate under paragraph (1), the total improper payments of the execu- vacy policies and to the extent permitted by when the executive agency cannot deter- tive agency; law, each executive agency with a program mine, due to lacking or insufficient docu- ‘‘(3) if a determination has been made that identified under paragraph (1)(A) shall on an mentation, whether a payment is proper or certain improper payments are not collect- annual basis submit to the Inspector General not, the payment shall be treated as an im- able, a justification of that determination; of the executive agency and the Office of proper payment. ‘‘(4) an aging schedule of the amounts out- Management and Budget, and make avail- ‘‘(B) SEPARATE REPORT.—The head of an ex- standing; able to the public, including through a ecutive agency may report separately on ‘‘(5) a summary of how recovered amounts website, a report on that program. what portion of the improper payments esti- have been disposed of; ‘‘(B) CONTENTS.—Each report submitted mate for a program or activity of the execu- ‘‘(6) a discussion of any conditions giving under subparagraph (A)— tive agency under paragraph (1) is attrib- rise to improper payments and how those ‘‘(i) shall describe any action the executive utable to lacking or insufficient documenta- conditions are being resolved; and agency— tion. ‘‘(7) if the executive agency has determined ‘‘(I) has taken or plans to take to recover ‘‘(d) REPORTS ON ACTIONS TO REDUCE IM- under subsection (i) that performing recov- improper payments; and PROPER PAYMENTS.—With respect to any pro- ery audits for any applicable program or ac- ‘‘(II) intends to take to prevent future im- gram or activity of an executive agency with tivity is not cost-effective, a justification for proper payments; and estimated improper payments under sub- that determination. ‘‘(ii) shall not include— section (c), the head of the executive agency ‘‘(f) GOVERNMENTWIDE REPORTING OF IM- ‘‘(I) any referrals the executive agency shall provide with the estimate required PROPER PAYMENTS AND ACTIONS TO RECOVER made or anticipates making to the Depart- under subsection (c) a report on what actions IMPROPER PAYMENTS.— ment of Justice; or the executive agency is taking to reduce im- ‘‘(1) REPORT.—Each fiscal year, the Direc- ‘‘(II) any information provided in connec- proper payments, including— tor of the Office of Management and Budget tion with a referral described in subclause ‘‘(1) a description of the causes of the im- shall submit a report with respect to the pre- (I). proper payments, actions planned or taken ceding fiscal year on actions that executive ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL to correct those causes, and the planned or agencies have taken to report information WEBSITE.—The Office of Management and actual completion date of the actions taken regarding improper payments and actions to Budget shall make each report submitted to address those causes; recover improper payments to— under subparagraph (A) available on a cen- ‘‘(2) in order to reduce improper payments ‘‘(A) the Committee on Homeland Security tral website. to a level below which further expenditures and Governmental Affairs of the Senate; ‘‘(D) AVAILABILITY OF INFORMATION TO IN- to reduce improper payments would cost ‘‘(B) the Committee on Oversight and Re- SPECTOR GENERAL.—Subparagraph (B)(ii) more than the amount those expenditures form of the House of Representatives; and shall not prohibit any referral or informa- would save in prevented or recovered im- ‘‘(C) the Comptroller General of the United tion being made available to an Inspector proper payments, a statement of whether the States. General as otherwise provided by law. executive agency has what is needed with re- ‘‘(2) CONTENTS.—Each report required ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— spect to— under paragraph (1) shall include— The Inspector General of each executive ‘‘(A) internal controls; ‘‘(A) a summary of the reports of each ex- agency that submits a report under subpara- ‘‘(B) human capital; and ecutive agency on improper payments and graph (A) shall, for each program of the exec- ‘‘(C) information systems and other infra- recovery actions submitted under this sec- utive agency that is identified under para- structure; tion; graph (1)(A)— ‘‘(3) if the executive agency does not have ‘‘(B) an identification of the compliance ‘‘(i) review— sufficient resources to establish and main- status of each executive agency, as deter- ‘‘(I) the assessment of the level of risk as- tain effective internal controls as described mined by the Inspector General of the execu- sociated with the program and the quality of in paragraph (2)(A), a description of the re- tive agency under section 3353, to which this the improper payment estimates and meth- sources the executive agency has requested section applies; odology of the executive agency relating to in the budget submission of the executive ‘‘(C) Governmentwide improper payment the program; and agency to establish and maintain those in- reduction targets; ‘‘(II) the oversight or financial controls to ternal controls; ‘‘(D) a Governmentwide estimate of im- identify and prevent improper payments ‘‘(4) program-specific and activity-specific proper payments; and under the program; and improper payments reduction targets that ‘‘(E) a discussion of progress made towards ‘‘(ii) submit to the appropriate authorizing have been approved by the Director of the meeting Governmentwide improper payment and appropriations committees of Congress Office of Management and Budget; reduction targets. recommendations, which may be included in ‘‘(5) a description of the steps the executive ‘‘(g) GUIDANCE BY THE OFFICE OF MANAGE- another report submitted by the Inspector agency has taken to ensure that executive MENT AND BUDGET.— General to Congress, for modifying any plans agency managers, programs, and, where ap- ‘‘(1) IN GENERAL.—Not later than 1 year of the executive agency relating to the pro- propriate, States and local governments are after the date of enactment of this section,

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H821 the Director of the Office of Management and any recommendations on how to miti- amounts collected by an executive agency and Budget shall prescribe guidance for exec- gate those conditions; through recovery audits— utive agencies to implement the require- ‘‘(II) notify the executive agency of any ‘‘(i) shall be available to the Inspector Gen- ments of this section, which shall not in- overpayments identified by the contractor eral of that executive agency for— clude any exemptions to those requirements pertaining to the executive agency or to any ‘‘(I) the Inspector General to carry out this that are not specifically authorized by this other executive agency that are beyond the Act; or section. scope of the contract; and ‘‘(II) any other activities of the Inspector ‘‘(2) CONTENTS.—The guidance under para- ‘‘(III) report to the executive agency cred- General relating to investigating improper graph (1) shall prescribe— ible evidence of fraud or vulnerabilities to payments or auditing internal controls asso- ‘‘(A) the form of the reports on actions to fraud and conduct appropriate training of ciated with payments; and reduce improper payments, recovery actions, personnel of the contractor on identification ‘‘(ii) shall remain available for the same and Governmentwide reporting; and of fraud. period and purposes as the appropriation or ‘‘(B) strategies for addressing risks and es- ‘‘(ii) REPORTS ON ACTIONS TAKEN.—Each ex- fund to which credited. tablishing appropriate prepayment and ecutive agency shall, on an annual basis, in- ‘‘(F) REMAINDER.—Amounts collected that postpayment internal controls. clude in annual financial statement of the are not applied in accordance with subpara- ‘‘(h) DETERMINATIONS OF AGENCY READI- executive agency a report on actions taken graph (B), (C), (D), or (E) shall be deposited NESS FOR OPINION ON INTERNAL CONTROL.— by the executive agency during the preceding in the Treasury as miscellaneous receipts, The criteria required to be developed under fiscal year to address the recommendations except that in the case of recoveries of over- section 2(g) of the Improper Payments Elimi- described in clause (i)(I). payments that are made from trust or spe- nation and Recovery Act of 2010, as in effect ‘‘(E) AGENCY ACTION FOLLOWING NOTIFICA- cial fund accounts, those amounts shall re- on the day before the date of enactment of TION.—Each executive agency shall— vert to those accounts. this section— ‘‘(i) take prompt and appropriate action in ‘‘(G) DISCRETIONARY AMOUNTS.—This para- ‘‘(1) shall continue to be in effect on and response to a report or notification by a con- graph shall apply only to recoveries of over- after the date of enactment of this section; tractor under subclause (I) or (II) of subpara- payments that are made from discretionary and graph (D)(i) to collect an overpayment; and appropriations, as defined in section 250(c)(7) ‘‘(ii) forward to other executive agencies ‘‘(2) may be modified as determined appro- of the Balanced Budget and Emergency Def- any information that applies to that execu- priate by the Director of the Office of Man- icit Control Act of 1985 (2 U.S.C. 900(c)(7)), tive agency. agement and Budget. and shall not apply to recoveries of overpay- ‘‘(2) DISPOSITION OF AMOUNTS RECOVERED.— ‘‘(i) RECOVERY AUDITS.— ments that are made from discretionary ‘‘(A) IN GENERAL.—Amounts collected by amounts that were appropriated before the ‘‘(1) IN GENERAL.— executive agencies each fiscal year through ‘‘(A) CONDUCT OF AUDITS.—Except as pro- date of enactment of the Improper Payments recovery audits shall be treated in accord- Elimination and Recovery Act of 2010, as in vided under paragraph (3) and if not prohib- ance with this paragraph. ited under any other provision of law, the effect on the day before the date of enact- ‘‘(B) DISTRIBUTION.—The head of an execu- ment of this section. head of each executive agency shall conduct tive agency shall determine the distribution recovery audits with respect to each pro- ‘‘(H) APPLICATION.—This paragraph shall of collected amounts described in subpara- not apply to the recovery of an overpayment gram and activity of the executive agency graph (A), less amounts needed to fulfill the if the appropriation from which the overpay- that expends $1,000,000 or more annually if purposes of section 3562(a) of this title, in ac- ment was made has not expired. conducting the audits would be cost effec- cordance with subparagraphs (C), (D), and ‘‘(3) FINANCIAL MANAGEMENT IMPROVEMENT tive. (E). PROGRAM.— ‘‘(B) PROCEDURES.—In conducting a recov- ‘‘(C) USE FOR FINANCIAL MANAGEMENT IM- ‘‘(A) REQUIREMENT.—The head of each exec- ery audit under this subsection, the head of PROVEMENT PROGRAM.—Not more than 25 per- utive agency shall conduct a financial man- an executive agency— cent of the amounts collected by an execu- agement improvement program consistent ‘‘(i) shall give priority to the most recent tive agency through recovery audits— with rules prescribed by the Director of the payments and to payments made in any pro- ‘‘(i) shall be available to the head of the ex- gram identified as susceptible to significant ecutive agency to carry out the financial Office of Management and Budget. improper payments under subsection (a); management improvement program of the ‘‘(B) PROGRAM FEATURES.—In conducting a ‘‘(ii) shall implement this subsection in a executive agency under paragraph (3); program described in subparagraph (A), the manner designed to ensure the greatest fi- ‘‘(ii) may be credited, if applicable, for the head of an executive agency— nancial benefit to the Federal Government; purpose described in clause (i) by the head of ‘‘(i) shall, as the first priority of the pro- and an executive agency to any executive agency gram, address problems that contribute di- ‘‘(iii) may conduct the recovery audit di- appropriations and funds that are available rectly to executive agency improper pay- rectly, by using other departments and agen- for obligation at the time of collection; and ments; and cies of the United States, or by procuring ‘‘(iii) shall be used to supplement and not ‘‘(ii) may seek to reduce errors and waste performance of recovery audits by private supplant any other amounts available for the in other executive agency programs and op- sector sources by contract, subject to the purpose described in clause (i) and shall re- erations. availability of appropriations, or by any main available until expended. ‘‘(4) PRIVACY PROTECTIONS.—Any non- combination thereof. ‘‘(D) USE FOR ORIGINAL PURPOSE.—Not more governmental entity that, in the course of ‘‘(C) RECOVERY AUDIT CONTRACTS.—With re- than 25 percent of the amounts collected by recovery auditing or recovery activity under spect to a recovery audit procured by an ex- an executive agency through recovery au- this subsection, obtains information that ecutive agency by contract— dits— identifies an individual or with respect to ‘‘(i) subject to subparagraph (B)(iii), and ‘‘(i) shall be credited to the appropriation which there is a reasonable basis to believe except to the extent such actions are outside or fund, if any, available for obligation at that the information can be used to identify the authority of the executive agency under the time of collection for the same general an individual, may not disclose the informa- section 7103 of title 41, the head of the execu- purposes as the appropriation or fund from tion for any purpose other than the recovery tive agency may authorize the contractor which the overpayment was made; auditing or recovery activity and govern- to— ‘‘(ii) shall remain available for the same mental oversight of the activity, unless dis- ‘‘(I) notify entities, including individuals, period and purposes as the appropriation or closure for that other purpose is authorized of potential overpayments made to those en- fund to which credited; and by the individual to the executive agency tities; ‘‘(iii) if the appropriation from which an that contracted for the performance of the ‘‘(II) respond to questions concerning po- overpayment was made has expired— recovery auditing or recovery activity. tential overpayments; and ‘‘(I) in the case of recoveries of overpay- ‘‘(5) RULE OF CONSTRUCTION.—Except as ‘‘(III) take other administrative actions ments that are made from a trust or special provided under paragraph (4), nothing in this with respect to an overpayment claim made fund account, shall revert to that account; subsection shall be construed as terminating or to be made by the executive agency; and and or in any way limiting authorities that are ‘‘(ii) the contractor shall not have the au- ‘‘(II) in the case of other recoveries of over- otherwise available to executive agencies thority to make a final determination relat- payments— under existing provisions of law to recover ing to whether any overpayment occurred or ‘‘(aa) for amounts that are recovered more improper payments and use recovered whether to compromise, settle, or terminate than 5 fiscal years from the last fiscal year amounts. an overpayment claim. in which the funds were available for obliga- ‘‘§ 3353. Compliance ‘‘(D) CONTRACT TERMS AND CONDITIONS.— tion, shall be deposited in the Treasury as ‘‘(a) ANNUAL COMPLIANCE REPORT BY IN- ‘‘(i) IN GENERAL.—The executive agency miscellaneous receipts; and SPECTORS GENERAL OF EXECUTIVE AGEN- shall include in each contract for procure- ‘‘(bb) for other amounts, shall be newly CIES.— ment of performance of a recovery audit a available for the same time period as the ‘‘(1) IN GENERAL.—Each fiscal year, the In- requirement that the contractor shall— funds were originally available for obliga- spector General of each executive agency ‘‘(I) provide to the executive agency peri- tion. shall— odic reports on conditions giving rise to ‘‘(E) USE FOR INSPECTOR GENERAL ACTIVI- ‘‘(A) determine whether the executive overpayments identified by the contractor TIES.—Not more than 5 percent of the agency is in compliance; and

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H822 CONGRESSIONAL RECORD — HOUSE February 5, 2020 ‘‘(B) submit a report on the determination proper payments, including whether the cor- the executive agency shall, not later than 30 made under subparagraph (A) to— rective action plans are— days after the date of that determination, ‘‘(i) the head of the executive agency; ‘‘(I) reducing improper payments; submit to the appropriate authorizing and ‘‘(ii) the Committee on Homeland Security ‘‘(II) effectively implemented; and appropriations committees of Congress and and Governmental Affairs of the Senate; ‘‘(III) prioritized within the executive the Comptroller General of the United ‘‘(iii) the Committee on Oversight and Re- agency; States— form of the House of Representatives; and ‘‘(iv) the adequacy of executive agency ac- ‘‘(A)(i) reauthorization proposals for each ‘‘(iv) the Comptroller General of the tion plans to address the causes of improper program or activity that has not been in United States. payments; compliance for 3 or more consecutive fiscal ‘‘(2) DEVELOPMENT OR USE OF A CENTRAL ‘‘(v) executive agency efforts to prevent years; and WEBSITE.—The Council of the Inspectors Gen- and reduce improper payments, and any rec- ‘‘(ii) proposed statutory changes necessary eral on Integrity and Efficiency (in this sub- ommendations for actions to further im- to bring the program or activity into compli- section referred to as the ‘Council’) shall de- prove; and ance; or velop a public central website, or make use ‘‘(vi) whether an executive agency has pub- ‘‘(B) if the head of the executive agency de- of a public central website in existence on lished an annual financial statement in ac- termines that clauses (i) and (ii) of subpara- the date of enactment of this section, to con- cordance with the requirement described in graph (A) will not bring the program or ac- tain individual compliance determination re- section 3351(2)(A). tivity into compliance, a description of the ‘‘(b) REMEDIATION.— ports issued by Inspectors General under actions that the executive agency is under- ‘‘(1) NONCOMPLIANCE.— paragraph (1)(B) and such additional infor- taking to bring the program or activity into ‘‘(A) IN GENERAL.—If an executive agency is compliance and a timeline of when the com- mation as determined by the Council. determined by the Inspector General of that ‘‘(3) OMB GUIDANCE.—Not later than 180 pliance will be achieved. executive agency not to be in compliance ‘‘(4) PLAN AND TIMELINE FOR COMPLIANCE.— days after the date of enactment of this sec- under subsection (a) in a fiscal year with re- tion, the Director of the Office of Manage- If an executive agency is determined by the spect to a program or activity, the head of Inspector General of that executive agency ment and Budget, in consultation with the the executive agency shall submit to the ap- Council and with consideration given to the not to be in compliance under subsection (a) propriate authorizing and appropriations for 4 or more consecutive fiscal years for the available resources and independence of indi- committees of Congress a plan describing the vidual Offices of Inspectors General, shall de- same program or activity, the head of the ex- actions that the executive agency will take ecutive agency shall, not later than 30 days velop and promulgate guidance for the com- to come into compliance. after such determination, submit to the ap- pliance determination reports issued by the ‘‘(B) PLAN.—The plan described in subpara- propriate authorizing and appropriations Inspectors General under paragraph (1)(B), graph (A) shall include— committees of Congress a report that in- which shall require that— ‘‘(i) measurable milestones to be accom- cludes— ‘‘(A) the reporting format used by the In- plished in order to achieve compliance for ‘‘(A) the activities taken to comply with spectors General is consistent; each program or activity; the requirements for 1, 2, 3, 4, or more years ‘‘(B) Inspectors General evaluate and take ‘‘(ii) the designation of a senior executive of noncompliance; into account the adequacy of executive agen- agency official who shall be accountable for ‘‘(B) a description of any requirements cy risk assessments, improper payment esti- the progress of the executive agency in com- that were fulfilled for 1, 2, or 3 consecutive mates methodology, and executive agency ing into compliance for each program or ac- action plans to address the causes of im- tivity; and years of noncompliance that are still rel- proper payments; ‘‘(iii) the establishment of an account- evant and being pursued as a means to bring ‘‘(C) Inspectors General take into account ability mechanism, such as a performance the program or activity into compliance and whether the executive agency has correctly agreement, with appropriate incentives and prevent and reduce improper payments; identified the causes of improper payments consequences tied to the success of the offi- ‘‘(C) a description of any new corrective ac- and whether the actions of the executive cial designated under clause (ii) in leading tions; and agency to address those causes are adequate the efforts of the executive agency to come ‘‘(D) a timeline for when the program or and effective; into compliance for each program or activ- activity will achieve compliance based on ‘‘(D) Inspectors General evaluate the ade- ity. the actions described within the report. quacy of executive agency action plans on ‘‘(2) NONCOMPLIANCE FOR 2 FISCAL YEARS.— ‘‘(5) ANNUAL REPORT.—Each executive how the executive agency addresses the ‘‘(A) IN GENERAL.—If an executive agency is agency shall submit to the appropriate au- causes of improper payments; and determined by the Inspector General of that thorizing and appropriations committees of ‘‘(E) as part of the report, Inspectors Gen- executive agency not to be in compliance Congress and the Comptroller General of the eral include an evaluation of executive agen- under subsection (a) for 2 consecutive fiscal United States— cy efforts to prevent and reduce improper years for the same program or activity, the ‘‘(A) a list of each program or activity that payments and any recommendations for ac- executive agency shall propose to the Direc- was determined to not be in compliance tions to further improve that prevention and tor of the Office of Management and Budget under paragraph (1), (2), (3), or (4); and reduction. additional program integrity proposals that ‘‘(B) actions that are planned to bring the ‘‘(4) CIGIE GUIDANCE.—Not later than 180 would help the executive agency come into program or activity into compliance. days after the date of enactment of this sec- compliance. ‘‘(c) COMPLIANCE ENFORCEMENT PILOT PRO- tion, the Council shall, with consideration ‘‘(B) ADDITIONAL FUNDING.— GRAMS.—The Director of the Office of Man- given to the available resources and inde- ‘‘(i) IN GENERAL.—If the Director of the Of- agement and Budget may establish 1 or more pendence of individual Offices of Inspectors fice of Management and Budget determines pilot programs that shall test potential ac- General, develop and promulgate guidance that additional funding would help an execu- countability mechanisms with appropriate that specifies procedures for compliance de- tive agency described in subparagraph (A) incentives and consequences tied to success terminations made by the Inspectors General come into compliance, the head of the execu- in ensuring compliance with this section and under paragraph (1)(A), which shall describe tive agency shall obligate additional fund- eliminating improper payments. procedures for Inspectors General— ing, in an amount determined by the Direc- ‘‘(d) IMPROVED ESTIMATES GUIDANCE.—The ‘‘(A) to make the determinations con- tor, to intensified compliance efforts. guidance required to be provided under section 3(b) of the Improper Payments Elimi- sistent regarding compliance; and ‘‘(ii) REPROGRAMMING OR TRANSFER AUTHOR- nation and Recovery Improvement Act of ‘‘(B) to evaluate— ITY.—In providing additional funding under ‘‘(i) for compliance with the requirement clause (i)— 2012, as in effect on the day before the date described in section 3351(2)(B), the risk as- ‘‘(I) the head of an executive agency shall of enactment of this section— sessment methodology of the executive agen- use any reprogramming or transfer author- ‘‘(1) shall continue to be in effect on and cy, including whether the audits, examina- ity available to the executive agency; and after the date of enactment of this section; tions, and legal actions of the Inspector Gen- ‘‘(II) if after exercising the reprogramming and eral indicate a higher risk of improper pay- or transfer authority described in subclause ‘‘(2) may be modified as determined appro- ments or actual improper payments that (I), additional funding is necessary to obli- priate by the Director of the Office of Man- were not included in the risk assessments of gate the full level of funding determined by agement and Budget. the executive agency conducted under sec- the Director of the Office of Management ‘‘§ 3354. Do Not Pay Initiative tion 3352(a); and Budget under clause (i), the executive ‘‘(a) PREPAYMENT AND PREAWARD PROCE- ‘‘(ii) for compliance with the requirement agency shall submit a request to Congress DURES.— described in section 3351(2)(C), the accuracy for additional reprogramming or transfer au- ‘‘(1) IN GENERAL.—Each executive agency of the rate estimates and whether the sam- thority. shall review prepayment and preaward proce- pling and estimation plan used is appropriate ‘‘(3) REAUTHORIZATION AND STATUTORY PRO- dures and ensure that a thorough review of given program characteristics; POSALS.—If an executive agency is deter- available databases with relevant informa- ‘‘(iii) for compliance with the requirement mined by the Inspector General of that exec- tion on eligibility occurs to determine pro- described in section 3351(2)(D), the corrective utive agency not to be in compliance under gram or award eligibility and prevent im- action plans and whether the plans are ade- subsection (a) for 3 consecutive fiscal years proper payments before the release of any quate and focused on the true causes of im- for the same program or activity, the head of Federal funds.

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‘‘(2) DATABASES.—At a minimum and be- State, and the judicial and legislative ance, rules, and procedures required to be fore issuing any payment or award, each ex- branches of the United States, as defined in issued, clarified, and established under para- ecutive agency shall review as appropriate paragraphs (2) and (3), respectively, of sec- graphs (3) and (4) of section 5(e) of the Im- the following databases to verify eligibility tion 202(e) of title 18. proper Payments Elimination and Recovery of the payment and award: ‘‘(4) PAYMENT OTHERWISE REQUIRED.—When Improvement Act of 2012, as in effect on the ‘‘(A) The death records maintained by the using the Do Not Pay Initiative, an execu- day before the date of enactment of this sec- Commissioner of Social Security. tive agency shall recognize that there may tion— ‘‘(B) The System for Award Management be circumstances under which the law re- ‘‘(A) shall continue to be in effect on and Exclusion Records, formerly known as the quires a payment or award to be made to a after the date of enactment of this section; Excluded Parties List System, of the General recipient, regardless of whether that recipi- and Services Administration. ent is identified as potentially ineligible ‘‘(B) may be modified as determined appro- ‘‘(C) The Debt Check Database of the De- under the Do Not Pay Initiative. priate by the Director of the Office of Man- partment of the Treasury. ‘‘(5) ANNUAL REPORT.—The Director of the agement and Budget. ‘‘(D) The Credit Alert System or Credit Office of Management and Budget shall sub- ‘‘(3) COMPLIANCE.—The head of each execu- Alert Interactive Voice Response System of mit to Congress an annual report, which may tive agency, in consultation with the Inspec- the Department of Housing and Urban Devel- be included as part of another report sub- tor General of the executive agency, shall opment. mitted to Congress by the Director, regard- ensure that any information provided to an ‘‘(E) The List of Excluded Individuals/Enti- ing the operation of the Do Not Pay Initia- individual or entity under this subsection is ties of the Office of Inspector General of the tive, which shall— provided in accordance with protocols estab- Department of Health and Human Services. ‘‘(A) include an evaluation of whether the lished under this subsection. ‘‘(F) Information regarding incarcerated Do Not Pay Initiative has reduced improper ‘‘(4) RULE OF CONSTRUCTION.—Nothing in individuals maintained by the Commissioner payments or improper awards; and this subsection shall be construed— of Social Security under sections 202(x) and ‘‘(B) provide the frequency of corrections ‘‘(A) to affect the rights of an individual 1611(e) of the Social Security Act (42 U.S.C. or identification of incorrect information. under section 552a(p) of title 5; or 402(x), 1382(e)). ‘‘(c) INITIAL WORKING SYSTEM.—The work- ‘‘(B) to impede the exercise of an exemp- ‘‘(b) DO NOT PAY INITIATIVE.— ing system required to be established under tion provided to Inspectors General or by an section 5(d) of the Improper Payments Elimi- ‘‘(1) IN GENERAL.—There is the Do Not Pay executive agency in coordination with an In- nation and Recovery Improvement Act of Initiative, which shall include— spector General under section 6(j) of the In- ‘‘(A) use of the databases described in sub- 2012, as in effect on the day before the date spector General Act of 1978 (5 U.S.C. App.). of enactment of this section— section (a)(2); and ‘‘(e) PLAN TO CURB FEDERAL IMPROPER ‘‘(B) use of other databases designated by ‘‘(1) shall continue to be in effect on and PAYMENTS TO DECEASED INDIVIDUALS BY IM- the Director of the Office of Management after the date of enactment of this section; PROVING THE QUALITY AND USE BY FEDERAL and Budget, or the designee of the Director, and AGENCIES OF THE SOCIAL SECURITY ADMINIS- in consultation with executive agencies and ‘‘(2) shall require each executive agency to TRATION DEATH MASTER FILE AND OTHER in accordance with paragraph (2). review all payments and awards for all pro- DEATH DATA.— ‘‘(2) OTHER DATABASES.—In making des- grams and activities of that executive agen- ‘‘(1) ESTABLISHMENT.—In conjunction with ignations of other databases under paragraph cy through the working system. the Commissioner of Social Security and in (1)(B), the Director of the Office of Manage- ‘‘(d) FACILITATING DATA ACCESS BY FED- consultation with relevant stakeholders that ment and Budget, or the head of any execu- ERAL AGENCIES AND OFFICES OF INSPECTORS have an interest in or responsibility for pro- tive agency designated by the Director, GENERAL FOR PURPOSES OF PROGRAM INTEG- viding the data, and each State, the Director shall— RITY.— of the Office of Management and Budget ‘‘(A) consider any database that substan- ‘‘(1) COMPUTER MATCHING BY EXECUTIVE shall conduct a study and update the plan re- tially assists in preventing improper pay- AGENCIES FOR PURPOSES OF INVESTIGATION quired to be established under section 5(g) of ments; and AND PREVENTION OF IMPROPER PAYMENTS AND the Improper Payments Elimination and Re- ‘‘(B) provide public notice and an oppor- FRAUD.— covery Improvement Act of 2012, as in effect tunity for comment before designating a ‘‘(A) IN GENERAL.—Except as provided in database under paragraph (1)(B). this paragraph, in accordance with section on the day before the date of enactment of this section, for improving the quality, accu- ‘‘(3) ACCESS AND REVIEW.— 552a of title 5 (commonly known as the ‘Pri- racy, and timeliness of death data main- ‘‘(A) IN GENERAL.—For purposes of identi- vacy Act of 1974’), the head of each executive fying and preventing improper payments, agency may enter into computer matching tained by the Social Security Administra- each executive agency shall have access to, agreements with other heads of executive tion, including death information reported and use of, the Do Not Pay Initiative to agencies that allow ongoing data matching, to the Commissioner under section 205(r) of verify payment or award eligibility in ac- which shall include automated data match- the Social Security Act (42 U.S.C. 405(r)). cordance with subsection (a). ing, in order to assist in the detection and ‘‘(2) ADDITIONAL ACTIONS UNDER PLAN.—The ‘‘(B) MATCHING PROGRAMS.— prevention of improper payments. plan described in this subsection shall in- ‘‘(i) IN GENERAL.—The head of the agency ‘‘(B) REVIEW.—Not later than 60 days after clude recommended actions by executive operating the Working System may, in con- the date on which a proposal for an agree- agencies to— sultation with the Office of Management and ment under subparagraph (A) has been pre- ‘‘(A) increase the quality and frequency of Budget, waive the requirements of section sented to a Data Integrity Board established access to the Death Master File and other 552a(o) of title 5 in any case or class of cases under section 552a(u) of title 5 for consider- death data; for computer matching activities conducted ation, the Data Integrity Board shall re- ‘‘(B) achieve a goal of at least daily access under this section. spond to the proposal. as appropriate; ‘‘(ii) GUIDANCE.—The Director of the Office ‘‘(C) TERMINATION DATE.—An agreement de- ‘‘(C) provide for all States and other data of Management and Budget may issue guid- scribed in subparagraph (A)— providers to use improved and electronic ance that establishes requirements gov- ‘‘(i) shall have a termination date of less means for providing data; erning waivers under clause (i). than 3 years; and ‘‘(D) identify improved methods by execu- ‘‘(C) OTHER ENTITIES.—Each State and any ‘‘(ii) during the 3-month period ending on tive agencies for determining ineligible pay- contractor, subcontractor, or agent of a the date on which the agreement is sched- ments due to the death of a recipient State, including a State auditor or State uled to terminate, may be renewed by the ex- through proactive verification means; and program responsible for reducing improper ecutive agencies entering the agreement for ‘‘(E) address improper payments made by payments of a federally funded State-admin- not more than 3 years. executive agencies to deceased individuals as istered program, and the judicial and legisla- ‘‘(D) MULTIPLE AGENCIES.—For purposes of part of Federal retirement programs. tive branches of the United States, as de- this paragraph, section 552a(o)(1) of title 5 ‘‘(3) REPORT.—Not later than 120 days after fined in paragraphs (2) and (3), respectively, shall be applied by substituting ‘between the the date of enactment of this section, the Di- of section 202(e) of title 18, shall have access source agency and the recipient agency or rector of the Office of Management and to, and use of, the Do Not Pay Initiative for non-Federal agency or an agreement gov- Budget shall submit a report to Congress on the purpose of verifying payment or award erning multiple agencies’ for ‘between the the plan described in this subsection, includ- eligibility for payments. source agency and the recipient agency or ing recommended legislation. ‘‘(D) CONSISTENCY WITH PRIVACY ACT OF non-Federal agency’ in the matter preceding ‘‘§ 3355. Improving recovery of improper pay- 1974.—To ensure consistency with the prin- subparagraph (A). ments ciples of section 552a of title 5 (commonly ‘‘(E) COST-BENEFIT ANALYSIS.—A justifica- ‘‘The Director of the Office of Management known as the ‘Privacy Act of 1974’), the Di- tion under section 552a(o)(1)(B) of title 5 re- and Budget shall determine— rector of the Office of Management and lating to an agreement under subparagraph ‘‘(1) current and historical rates and Budget may issue guidance that establishes (A) is not required to contain a specific esti- amounts of recovery of improper payments, privacy and other requirements that shall be mate of any savings under the computer or, in cases in which improper payments are incorporated into Do Not Pay Initiative ac- matching agreement. identified solely on the basis of a sample, recess agreements with States, including any ‘‘(2) GUIDANCE AND PROCEDURES BY THE OF- covery rates and amounts estimated on the contractor, subcontractor, or agent of a FICE OF MANAGEMENT AND BUDGET.—The guid- basis of the applicable sample, including a

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H824 CONGRESSIONAL RECORD — HOUSE February 5, 2020 list of executive agency recovery audit con- trative control activities to mitigate identi- ‘‘(1) a plan containing tangible solutions to tract programs and specific information of fied fraud risks; prevent and reduce improper payments; and amounts and payments recovered by recov- ‘‘(2) collecting and analyzing data from re- ‘‘(2) a plan for State agencies to work with ery audit contractors; and porting mechanisms on detected fraud to Federal agencies to regularly review lists of ‘‘(2) targets for recovering improper pay- monitor fraud trends and using that data and beneficiaries of State-managed Federal pro- ments, including specific information on information to continuously improve fraud grams for duplicate enrollment between amounts and payments recovered by recov- prevention controls; and States, including how the Do Not Pay Busi- ery audit contractors. ‘‘(3) using the results of monitoring, eval- ness Center and the data analytics initiative ‘‘§ 3356. Improving the use of data by execu- uation, audits, and investigations to improve of the Department of the Treasury could aid tive agencies for curbing improper pay- fraud prevention, detection, and response. in the detection of duplicate enrollment.’’. ments ‘‘(d) REPORT.—For each of fiscal years 2019 (b) TECHNICAL AND CONFORMING AMEND- and 2020, each agency shall submit to Con- MENT.—The table of sections for chapter 33 of ‘‘(a) PROMPT REPORTING OF DEATH INFOR- gress, as part of the annual financial report title 31, United States Code, is amended by MATION BY THE DEPARTMENT OF STATE AND of the agency, a report of the agency on— adding at the end the following: THE DEPARTMENT OF DEFENSE.—The proce- ‘‘(1) implementing— dure required to be established under section ‘‘SUBCHAPTER IV—IMPROPER PAYMENTS ‘‘(A) the financial and administrative con- ‘‘3351. Definitions. 7(a) of the Improper Payments Elimination trols described in subsection (b); and Recovery Improvement Act of 2012, as in ‘‘3352. Estimates of improper payments and ‘‘(B) the fraud risk principle in the Stand- reports on actions to reduce im- effect on the day before the date of enact- ards for Internal Control in the Federal Gov- ment of this section— proper payments. ernment published by the Government Ac- ‘‘3353. Compliance. ‘‘(1) shall continue to be in effect on and countability Office (commonly known as the ‘‘3354. Do Not Pay Initiative. after the date of enactment of this section; ‘Green Book’); and ‘‘3355. Improving recovery of improper pay- and ‘‘(C) Office of Management and Budget Cir- ments. ‘‘(2) may be modified as determined appro- cular A–123, or any successor thereto, with ‘‘3356. Improving the use of data by execu- priate by the Director of the Office of Man- respect to the leading practices for man- tive agencies for curbing im- agement and Budget. aging fraud risk; proper payments. ‘‘(b) PROMPT REPORTING OF DEATH INFOR- ‘‘(2) identifying risks and vulnerabilities to ‘‘3357. Financial and administrative controls MATION BY THE DEPARTMENT OF VETERANS fraud, including with respect to payroll, ben- relating to fraud and improper AFFAIRS AND THE OFFICE OF PERSONNEL MAN- eficiary payments, grants, large contracts, payments. AGEMENT.—Not later than 1 year after the and purchase and travel cards; and ‘‘3358. Interagency working group for Gov- date of enactment of this section, the Sec- ‘‘(3) establishing strategies, procedures, ernmentwide payment integrity retary of Veterans Affairs and the Director and other steps to curb fraud. improvement.’’. of the Office of Personnel Management shall ‘‘§ 3358. Interagency working group for Gov- SEC. 3. REPEALS. establish a procedure under which the Sec- ernmentwide payment integrity improve- (a) IN GENERAL.— retary and the Director— ment (1) IMPROPER PAYMENTS INFORMATION ACT ‘‘(1) shall promptly and on a regular basis OF 2002.—The Improper Payments Informa- ‘‘(a) WORKING GROUP.— submit information relating to the deaths of tion Act of 2002 (31 U.S.C. 3321 note) is re- ‘‘(1) ESTABLISHMENT.—Not later than 90 individuals, including stopped payments pealed. days after the date of enactment of this sec- data as applicable, to each executive agency (2) IMPROPER PAYMENTS ELIMINATION AND tion, there is established an interagency for which the Director of the Office of Man- RECOVERY ACT OF 2010.—The Improper Pay- working group on payment integrity— agement and Budget determines receiving ments Elimination and Recovery Act of 2010 ‘‘(A) to improve— and using such information would be rel- (Public Law 114–204; 124 Stat. 2224) is re- ‘‘(i) State-administered Federal programs evant and necessary; and pealed. to determine eligibility processes and data ‘‘(2) to facilitate the centralized access of (3) IMPROPER PAYMENTS ELIMINATION AND sharing practices; death data for the use of reducing improper RECOVERY IMPROVEMENT ACT OF 2012.—The Im- ‘‘(ii) the guidelines described in section payments, may identify additional Federal proper Payments Elimination and Recovery 3357(b) and other best practices and tech- sources of death data and direct the data Improvement Act of 2012 (31 U.S.C. 3321 note) niques for detecting, preventing, and re- owner to provide that data to 1 or more exec- is repealed. sponding to improper payments, including utive agencies for that purpose. (4) FRAUD REDUCTION AND DATA ANALYTICS improper payments that are the result of ‘‘(c) GUIDANCE TO EXECUTIVE AGENCIES RE- ACT OF 2015.—The Fraud Reduction and Data fraud; and GARDING DATA ACCESS AND USE FOR IMPROPER Analytics Act of 2015 (31 U.S.C. 3321 note) is ‘‘(iii) the sharing and development of data PAYMENTS PURPOSES.—The guidance re- repealed. analytics techniques to help prevent and quired to be issued under section 7(b) of the (b) TECHNICAL AND CONFORMING AMEND- identify potential improper payments, in- Improper Payments Elimination and Recov- MENTS.— cluding those that are the result of fraud; ery Improvement Act of 2012, as in effect on (1) GOVERNMENT CHARGE CARD ABUSE PRE- and the day before the date of enactment of this VENTION ACT OF 2012.—Section 6(a) of the Gov- section— ‘‘(B) to identify any additional activities ernment Charge Card Abuse Prevention Act ‘‘(1) shall continue to be in effect on and that will improve payment integrity of Fed- of 2012 (5 U.S.C. 5701 note) is amended by after the date of enactment of this section; eral programs. striking ‘‘section 3512 of title 31, United and ‘‘(2) COMPOSITION.—The interagency work- States Code, or in the Improper Payments ‘‘(2) may be modified as determined appro- ing group established under paragraph (1) Information Act of 2002 (31 U.S.C. 3321 note)’’ priate by the Director of the Office of Man- shall be composed of— and inserting ‘‘section 3512 or subchapter IV agement and Budget. ‘‘(A) the Director of the Office of Manage- of chapter 33 of title 31, United States Code’’. ment and Budget; ‘‘§ 3357. Financial and administrative controls (2) HOMELAND SECURITY ACT OF 2002.—Sec- ‘‘(B) 1 representative from each of the relating to fraud and improper payments tion 2022(a) of the Homeland Security Act of agencies described in paragraphs (1) and (2) 2002 (6 U.S.C. 612(a)) is amended— ‘‘(a) DEFINITION.—In this section, the term of section 901(b) of this title; and ‘agency’ has the meaning given the term in (A) in paragraph (1)(C), by striking ‘‘Con- ‘‘(C) any other representatives of other ex- sistent with the Improper Payments Infor- section 551 of title 5. ecutive agencies determined appropriate by ‘‘(b) GUIDELINES.—The guidelines required mation Act of 2002 (31 U.S.C. 3321 note)’’ and the Director of the Office of Management to be established under section 3(a) of the inserting ‘‘Consistent with subchapter IV of and Budget, which may include the Chief In- Fraud Reduction and Data Analytics Act of chapter 33 of title 31, United States Code’’; formation Officer, the Chief Procurement Of- 2015, as in effect on the day before the date and ficer, the Chief Risk Officer, or the Chief Op- of enactment of this section— (B) in paragraph (5), by striking ‘‘section erating Officer of an executive agency. ‘‘(1) shall continue to be in effect on and 2(h) of the Improper Payments Elimination ‘‘(b) CONSULTATION.—The working group and Recovery Act of 2010 (31 U.S.C. 3321 after the date of enactment of this section; established under subsection (a)(1) may con- note)’’ and inserting ‘‘section 3352(i) of title and sult with Offices of Inspectors General and ‘‘(2) may be periodically modified by the Federal and non-Federal experts on fraud 31, United States Code,’’. Director of the Office of Management and risk assessments, administrative controls (3) SOCIAL SECURITY ACT.—Section 2105 of Budget, in consultation with the Comp- over payment integrity, financial controls, the Social Security Act (42 U.S.C. 1397ee(c)) troller General of the United States, as the and other relevant matters. is amended by striking ‘‘Improper Payments Director and Comptroller General may de- ‘‘(c) MEETINGS.—The working group estab- Information Act of 2002’’ each place that termine necessary. lished under subsection (a)(1) shall hold not term appears and inserting ‘‘subchapter IV ‘‘(c) REQUIREMENTS FOR CONTROLS.—The fewer than 4 meetings per year. of chapter 33 of title 31, United States Code’’. guidelines described in subsection (b) shall ‘‘(d) REPORT.—Not later than 240 days after (4) TITLE 31.—Section 3562(a) of title 31, include— the date of enactment of this section, the United States Code, is amended— ‘‘(1) conducting an evaluation of fraud working group established under subsection (A) in the matter preceding paragraph (1)— risks and using a risk-based approach to de- (a)(1) shall submit to Congress a report that (i) by striking ‘‘section 3561’’ and inserting sign and implement financial and adminis- includes— ‘‘section 3352(i)’’; and

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H825 (ii) by striking ‘‘agency for the following there are very few times that we see a put commonsense policies in place to purposes:’’ and all that follows through ‘‘To whole lot of good that comes out of the end these improper payments. reimburse’’ and inserting ‘‘agency to reim- other Chamber in the Capitol. This is Mr. Speaker, I urge all of my col- burse’’; and one of the rare moments. leagues to support this bipartisan and (B) by striking paragraph (2). b 1600 commonsense bill to tackle Federal The SPEAKER pro tempore. Pursu- waste, fraud, and abuse so that we can ant to the rule, the gentlewoman from So as I see this, I would actually en- make room to fund the priorities that New York (Mrs. CAROLYN B. MALONEY) courage support of it. Minnesota families care so much and the gentleman from North Caro- According to the GAO, since 2003, we about, like special education and ad- lina (Mr. MEADOWS) each will control 20 have had $1.5 trillion—that is trillion dressing our crumbling infrastructure. minutes. with a T—in improper payments. In fis- Mr. MEADOWS. Mr. Speaker, again, The Chair recognizes the gentle- cal year 2018 alone, Federal agencies this bill actually takes five different woman from New York. estimated that there was $151 billion in laws that have really not been codified GENERAL LEAVE improper payments. in an appropriate manner, brings them Mrs. CAROLYN B. MALONEY of New The Speaker probably knows that of- together under one umbrella, and al- York. Mr. Speaker, I ask unanimous tentimes we have had, in Oversight lows us to address this in a meaningful consent that all Members may have 5 Committee, annual reports on im- way, a commonsense bill. legislative days within which to revise proper payments, and consistently we Mr. Speaker, I join my colleagues op- and extend their remarks and include are talking about hundreds of billions posite to thank them for their support. extraneous material on the measure of dollars that are sent to not only the I rise in support of this legislation. before us. wrong place, but in terms that are not Mr. Speaker, I yield back the balance The SPEAKER pro tempore. Is there even accounted for. And after you get of my time. objection to the request of the gentle- hundreds of billions year after year, Mrs. CAROLYN B. MALONEY of New woman from New York? eventually that adds up to real money. York. Mr. Speaker, I urge passage of S. There was no objection. It is time that we address it. 375, and I yield back the balance of my Mrs. CAROLYN B. MALONEY of New This is a commonsense piece of legis- time. York. Mr. Speaker, I yield myself such lation that brings everything together The SPEAKER pro tempore. The time as I may consume. so that we can start, hopefully, ad- question is on the motion offered by Improper payments include overpay- dressing the sad state of where we are the gentlewoman from New York (Mrs. ments, underpayments, payments to in addressing improper payments. The CAROLYN B. MALONEY) that the House the incorrect recipient, and those that American taxpayers demand it, the suspend the rules and pass the bill, S. lack proper documentation. They are a American taxpayers deserve it, and, ul- 375. longstanding and significant problem timately, we have a responsibility to The question was taken; and (two- in the Federal Government. In fiscal address it. So I rise in support of this. thirds being in the affirmative) the year 2018 alone, they totaled more than Mr. Speaker, I reserve the balance of rules were suspended and the bill was $151 billion. my time. passed. Congress has passed a number of laws Mrs. CAROLYN B. MALONEY of New A motion to reconsider was laid on over the past two decades to try and York. Mr. Speaker, I yield 3 minutes to the table. address this problem, but the problem, the gentlewoman from Minnesota (Ms. f unfortunately, persists. CRAIG), the House sponsor for this bill. S. 375, the Payment Integrity Infor- Ms. CRAIG. Mr. Speaker, I thank the PRESIDENTIAL TRANSITION mation Act, would consolidate the ex- chairwoman for yielding. ENHANCEMENT ACT OF 2019 isting and proper payment laws in one Mr. Speaker, I rise today in support Mrs. CAROLYN B. MALONEY of New place in the U.S. Code and make sev- of S. 375, the Payment Integrity Infor- York. Mr. Speaker, I move to suspend eral changes to help identify and re- mation Act. I was proud to introduce the rules and pass the bill (S. 394) to duce improper payments. It would re- H.R. 5389, the House companion to this amend the Presidential Transition Act quire agencies to develop plans to pre- bill, earlier this year. of 1963 to improve the orderly transfer vent improper payments and also to Mr. Speaker, I thank the Congress- of the executive power during Presi- identify programs with the highest man, Mr. MEADOWS, as well as Rep- dential transitions. risk. resentatives CHERI BUSTOS and GREG The Clerk read the title of the bill. It would also require the Office of GIANFORTE for their work on this bill. The text of the bill is as follows: Management and Budget and inspec- My constituents sent me here to Con- S. 394 tors general to offer guidance on how gress to represent some of the hardest to improve annual reporting on im- working, creative, and entrepreneurial Be it enacted by the Senate and House of Rep- folks in our country. Every day, I work resentatives of the United States of America in proper payments. Congress assembled, Finally, the bill will create a work- to protect the hard-earned dollars of SECTION 1. SHORT TITLE. these families, and I remain committed ing group of Federal agencies and non- This Act may be cited as the ‘‘Presidential Federal partners to develop strategies to ensuring that the Federal Govern- Transition Enhancement Act of 2019’’. for addressing the key causes of im- ment is a good steward of their tax dol- SEC. 2. PRESIDENTIAL TRANSITION ENHANCE- proper payments, such as fraud and eli- lars. MENTS. gibility determination in State-man- In fiscal year 2018 alone, the Govern- (a) IN GENERAL.—Section 3 of the Presi- aged Federal benefits programs. ment Accountability Office estimated dential Transition Act of 1963 (3 U.S.C. 102 I thank Senators TOM CARPER, RON that improper payments throughout note) is amended— JOHNSON, GARY PETERS, and MIKE the Federal Government totaled $151 (1) in subsection (a)— (A) in the matter preceding paragraph (1), BRAUN for their good work on this com- billion. Since 2003, when agencies were first directed to begin reporting im- by striking ‘‘upon request,’’ and all that fol- monsense measure. I commend Senator lows through ‘‘including’’ and inserting CARPER for his longstanding dedication proper payments, cumulative improper ‘‘upon request, to each President-elect, each to reducing improper payments. payments estimated across government Vice-President-elect, and, for up to 60 days Mr. Speaker, I urge my colleagues to have totaled $1.4 trillion. after the date of the inauguration of the support this important measure to re- These improper payments can be President-elect and Vice-President-elect, duce waste and fraud in Federal pro- overpayments, underpayments, pay- each President and Vice President, for use in grams, and I reserve the balance of my ments made to ineligible parties, or connection with the preparations for the as- time. payments that were not properly docu- sumption of official duties as President or Mr. MEADOWS. Mr. Speaker, I rise mented. Frankly, it is outrageous. Vice President necessary services and facilities, including’’; and in support of S. 375, the Payment In- Whether it is overpaying a defense (B) in paragraph (2)— tegrity Information Act of 2019. I know contractor or underpaying a senior on (i) by inserting ‘‘, or an employee of a com- that I am not alone in addressing the their Social Security benefits, the Fed- mittee of either House of Congress, a joint Speaker on the will of the House, but eral Government has an obligation to committee of the Congress, or an individual

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.046 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H826 CONGRESSIONAL RECORD — HOUSE February 5, 2020 Member of Congress,’’ after ‘‘any branch of standing entered into under this subsection ticular matters involving specific parties the Government’’; and shall provide written notice, except to the that affect the interests of such member; and (ii) by inserting ‘‘, or in the case of an em- extent prohibited under another provision of ‘‘(III) address how the covered eligible can- ployee in a position in the legislative law, not later than 3 days before taking any didate will address his or her own conflicts of branch, with the consent of the supervising action that deviates from the terms and con- interest during a Presidential term if the Member of Congress’’ after ‘‘with the conditions agreed to in the memorandum of uncovered eligible candidate becomes the sent of the head of the agency’’; derstanding. President-elect; (2) by striking subsection (b) and inserting ‘‘(6) DEFINITION.—In this subsection, the ‘‘(iii) a Code of Ethical Conduct, which the following: term ‘eligible candidate’ has the meaning each member of the transition team will sign ‘‘(b) The Administrator shall expend funds given that term in subsection (h)(4).’’. and be subject to, that reflects the content for the provision of services and facilities (b) AGENCY TRANSITIONS.—Section 4 of the of the ethics plans under this paragraph and under this section— Presidential Transition Act of 1963 (3 U.S.C. at a minimum requires transition team ‘‘(1) in connection with any obligation in- 102 note) is amended— members to— curred by the President-elect or Vice-Presi- (1) in subsection (a)— ‘‘(I) seek authorization from transition dent-elect, or after the inauguration of the (A) in paragraph (3), by striking ‘‘and’’ at team leaders or their designees before seek- President-elect as President and the inau- the end; ing, on behalf of the transition, access to any guration of the Vice-President-elect as Vice (B) by redesignating paragraph (4) as para- nonpublic information; President incurred by the President or Vice graph (5); and ‘‘(II) keep confidential any nonpublic infor- President, during the period— (C) by inserting after paragraph (3) the fol- mation provided in the course of the duties ‘‘(A) beginning on the day after the date of lowing: of the member with the transition and exclu- the general elections held to determine the ‘‘(4) the term ‘nonpublic information’— sively use such information for the purposes electors of the President and Vice President ‘‘(A) means information from the Federal of the transition; and under section 1 or 2 of title 3, United States Government that a member of a transition ‘‘(III) not use any nonpublic information Code; and team obtains as part of the employment of provided in the course of transition duties, ‘‘(B) ending on the date that is 60 days the member that such member knows or rea- in any manner, for personal or private gain after the date of such inauguration; and sonably should know has not been made for the member or any other party at any ‘‘(2) without regard to whether the Presi- available to the general public; and time during or after the transition; and dent-elect, Vice-President-elect, President, ‘‘(B) includes information that a member ‘‘(iv) a description of how the transition or Vice President submits to the Adminis- of the transition team knows or reasonably team will enforce the Code of Ethical Con- trator a request for payment regarding serv- should know— duct, including the names of the members of ices or facilities before the end of such pe- ‘‘(i) is exempt from disclosure under sec- the transition team responsible for enforce- riod.’’; tion 552 of title 5, United States Code, or oth- ment, oversight, and compliance. (3) in subsection (h)(2)(B)(ii), by striking erwise protected from disclosure by law; and ‘‘(C) PUBLICLY AVAILABLE.—The transition ‘‘computers’’ and inserting ‘‘information ‘‘(ii) is not authorized by the appropriate team shall make the ethics plan described in technology’’; and government agency or officials to be released this paragraph publicly available on the (4) By adding at the end the following: to the public; and’’; internet website of the General Services Ad- ‘‘(i) MEMORANDUMS OF UNDERSTANDING.— (2) in subparagraphs (C) and (D) of sub- ministration the earlier of— ‘‘(1) IN GENERAL.—Not later than Sep- section (e)(3), by inserting ‘‘serving in a ca- tember 1 of a year during which a Presi- reer position’’ after ‘‘senior representative’’; ‘‘(i) the day on which the memorandum of dential election occurs, the Administrator (3) by striking subsection (f)(2) and insert- understanding is completed; or shall, to the maximum extent practicable, ing the following: ‘‘(ii) October 1.’’. enter into a memorandum of understanding ‘‘(2) ACTING OFFICERS.—Not later than Sep- The SPEAKER pro tempore. Pursu- with each eligible candidate, which shall in- tember 15 of a year during which a Presi- ant to the rule, the gentlewoman from clude, at a minimum, the conditions for the dential election occurs, and in accordance New York (Mrs. CAROLYN B. MALONEY) administrative support services and facili- with subchapter III of chapter 33 of title 5, and the gentleman from North Caro- ties described in subsection (a). United States Code, the head of each agency lina (Mr. MEADOWS) each will control 20 ‘‘(2) EXISTING RESOURCES.—To the max- shall ensure that a succession plan is in imum extent practicable, a memorandum of place for each senior noncareer position in minutes. understanding entered into under paragraph the agency.’’; and The Chair recognizes the gentle- (1) shall be based on memorandums of under- (4) in subsection (g)— woman from New York. standing relating to previous Presidential (A) in paragraph (1), by striking ‘‘Novem- GENERAL LEAVE transitions. ber 1’’ and inserting ‘‘October 1’’; and Mrs. CAROLYN B. MALONEY of New ‘‘(3) TRANSITION REPRESENTATIVE.— (B) by adding at the end the following: York. Mr. Speaker, I ask unanimous ‘‘(A) DESIGNATION OF REPRESENTATIVE FOR ‘‘(3) ETHICS PLAN.— consent that all Members may have 5 INQUIRIES.—Each memorandum of under- ‘‘(A) IN GENERAL.—Each memorandum of standing entered into under this subsection understanding under paragraph (1) shall in- legislative days within which to revise shall designate a representative of the eligi- clude an agreement that the eligible can- and extend their remarks and include ble candidate to whom the Administrator didate will implement and enforce an ethics extraneous material on the measure shall direct any inquiries or legal instru- plan to guide the conduct of the transition before us. ments regarding the records of the eligible beginning on the date on which the eligible The SPEAKER pro tempore. Is there candidate that are in the custody of the Ad- candidate becomes the President-elect. objection to the request of the gentle- ministrator. ‘‘(B) CONTENTS.—The ethics plan shall in- woman from New York? ‘‘(B) CHANGE IN TRANSITION REPRESENTA- clude, at a minimum— There was no objection. TIVE.—The designation of a new individual as ‘‘(i) a description of the ethics require- the transition representative of an eligible ments that will apply to all members of the Mrs. CAROLYN B. MALONEY of New candidate shall not require the execution of transition team, including any specific re- York. Mr. Speaker, I yield myself as a new memorandum of understanding under quirement for transition team members who much time as I may consume. this subsection. will have access to nonpublic or classified in- The Presidential Transition En- ‘‘(C) TERMINATION OF DESIGNATION.—The formation; hancement Act would make a number designation of a transition representative ‘‘(ii) a description of how the transition of important changes to the transition under a memorandum of understanding shall team will— process when a new President is elect- terminate— ‘‘(I) address the role on the transition team ed. ‘‘(i) not later than September 30 of the of— Mr. Speaker, I want to thank Sen- year during which the inauguration of the ‘‘(aa) lobbyists registered under the Lob- President-elect as President and the inau- bying Disclosure Act of 1995 (2 U.S.C. 1601 et ators JOHNSON and CARPER for their guration of the Vice-President-elect as Vice seq.) and individuals who were former lobby- hard work on this issue. President occurs; or ists registered under that Act; and Many of the provisions in the bill be- ‘‘(ii) before the date described in clause (i), ‘‘(bb) persons registered under the Foreign fore us today were introduced in the upon request of the President-elect or the Agents Registration Act of 1938 (22 U.S.C. 611 House by our late chairman, Elijah Vice-President-elect or, after such inaugura- et seq.), foreign nationals, and other foreign Cummings, in the Transition Team tion, upon request of the President or the agents; Ethics Improvement Act. Vice President. ‘‘(II) prohibit a transition team member Most importantly, the bill would ‘‘(4) AMENDMENTS.—Any amendment to a with conflicts of interest similar to those ap- strengthen the ethics requirements for memorandum of understanding entered into plicable to Federal employees under section under this subsection shall be agreed to in 2635.402(a) and section 2635.502(a) of title 5, transition team members. writing. Code of Federal Regulations, related to cur- The Government Accountability Of- ‘‘(5) PRIOR NOTIFICATION OF DEVIATION.— rent or former employment, affiliations, cli- fice issued a report in 2017 about Presi- Each party to a memorandum of under- ents, or investments, from working on par- dent Trump’s Presidential transition.

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.047 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H827 GAO reported that the Trump transi- about how agencies work with Presi- GENERAL LEAVE tion team required team members to dential transition teams that were Mrs. CAROLYN B. MALONEY of New sign an ethics code of conduct but identified by the Trump transition York. Mr. Speaker, I ask unanimous failed to designate a transition team team. For example, agencies and the consent that all Members may have 5 member responsible for enforcing it. Presidential transition team should legislative days in which to revise and Ethics plans are important for Presi- come to an agreement about the use extend their remarks and include ex- dential transitions because Presidents- and disclosure of transition team traneous material on this measure. elect often hire transition team mem- records. The SPEAKER pro tempore. Is there bers who work in the private sector, The bill also establishes a require- objection to the request of the gentle- but unlike Federal employees, private- ment for a transition team’s ethics woman from New York? sector employees are not subject to plan. The plan would include consider- There was no objection. Federal ethics laws. ation of how conflicts of interest would Mrs. CAROLYN B. MALONEY of New This bill would require eligible Presi- be addressed by members of the transi- York. Mr. Speaker, I yield myself such dential candidates to agree to enforce tion team and the President-elect. time as I may consume. ethics plans during the transition pe- I hope that we can use this for our fu- Mr. Speaker, I am pleased to join my riod. The bill includes core elements of ture benefit as we work together in a colleagues in consideration of H.R. what those ethics plans should include, bipartisan manner to make sure that 3976, to designate the facility of the such as a description of how the transi- ethics are addressed and stop politi- U.S. Postal Service located at 12711 tion team will address participation by cizing ethics reforms. East Jefferson Avenue in Detroit, lobbyists and individuals working for Mr. Speaker, I urge my colleagues to Michigan, as the Aretha Franklin Post foreign governments. support this bill, and I reserve the bal- Office Building. The bill would also require that tran- ance of my time. sition teams make the ethics plans Mr. Speaker, I thank my friend and Mrs. CAROLYN B. MALONEY of New colleague, Representative BRENDA they adopt publicly available. It also York. Mr. Speaker, I urge passage of includes provisions to ensure that non- LAWRENCE, for introducing this impor- this bill, S. 394, and I yield back the tant measure to honor a cultural and public information remains confiden- balance of my time. tial and is not used in any way for per- civil rights heroine. Mr. MEADOWS. Mr. Speaker, I yield Aretha Franklin, the ‘‘Queen of sonal gain. back the balance of my time. The bill would clarify the responsi- Soul,’’ was an American singer, song- The SPEAKER pro tempore. The bility of the General Services Adminis- writer, pianist, and civil rights activist question is on the motion offered by tration during a transition by requir- from Detroit, Michigan. Over her ca- the gentlewoman from New York (Mrs. ing a memorandum of understanding reer, Aretha Franklin was awarded 18 CAROLYN B. MALONEY) that the House between the agency and the Presi- Grammy awards, along with various suspend the rules and pass the bill, S. dential transition team. Finally, the lifetime achievement recognitions. 394. bill would allow GSA to provide transi- Her unique vocal style not only influ- The question was taken; and (two- tion services for up to 60 days after an enced generations of future singers, but thirds being in the affirmative) the inauguration. it also earned her the number one spot These provisions would help ensure rules were suspended and the bill was on Rolling Stone magazine’s list of the smoother transitions than we have had passed. Greatest Singers of All Time. A motion to reconsider was laid on in the past. Aretha Franklin was also a champion I am very glad this is a bipartisan the table. for civil rights and women’s rights. She bill. The Senate approved this bill f frequently donated to civil rights without any opposition. ARETHA FRANKLIN POST OFFICE groups, and two of her biggest hits, The peaceful transition of power BUILDING ‘‘Respect’’ and ‘‘You Make Me Feel from one party to another is a corner- Like a Natural Woman,’’ became an- Mrs. CAROLYN B. MALONEY of New stone of our democratic system. We thems for social change movements York. Mr. Speaker, I move to suspend must do all we can to ensure the integ- across the country. the rules and pass the bill (H.R. 3976) to rity of that process. In 1987, she was the first woman to be Mr. Speaker, I urge my colleagues to designate the facility of the United States Postal Service located at 12711 inducted into the Rock and Roll Hall of join me in supporting this important Fame. She also received the Presi- legislation, and I reserve the balance of East Jefferson Avenue in Detroit, Michigan, as the ‘‘Aretha Franklin dential Medal of Freedom from Presi- my time. dent George W. Bush in 2005. Mr. MEADOWS. Mr. Speaker, I yield Post Office Building’’. The Clerk read the title of the bill. Aretha Franklin died of advanced myself such time as I may consume. pancreatic cancer on August 16, 2018, in I rise in support of S. 394, the Presi- The text of the bill is as follows: Detroit, Michigan. Naming a post of- dential Transition Enhancement Act of H.R. 3976 fice in the city she cherished so fondly 2019. Be it enacted by the Senate and House of Rep- would recognize her important cultural First, Mr. Speaker, I would like to resentatives of the United States of America in and civic accomplishments. thank Chairman JOHNSON for taking a Congress assembled, Mr. Speaker, I reserve the balance of serious look at the needed ethics re- SECTION 1. ARETHA FRANKLIN POST OFFICE form. The Senate has developed this BUILDING. my time. legislative package in a bipartisan (a) DESIGNATION.—The facility of the Mr. MEADOWS. Mr. Speaker, I yield manner, something that we would be United States Postal Service located at 12711 myself such time as I may consume. East Jefferson Avenue in Detroit, Michigan, well served in this House to do. Mr. Speaker, I rise in support of H.R. shall be known and designated as the 3976, introduced by my friend, Rep- At the beginning of Congress, I think ‘‘Aretha Franklin Post Office Building’’. resentative BRENDA LAWRENCE. the Democrats introduced H.R. 1, (b) REFERENCES.—Any reference in a law, which was a grab bag of unrelated map, regulation, document, paper, or other This bill, as has been mentioned, Democrat messaging bills. One section record of the United States to the facility re- names a post office located in Detroit, of H.R. 1 was really directed at the ferred to in subsection (a) shall be deemed to Michigan, in honor of the ‘‘Queen of President of the United States and his be a reference to the ‘‘Aretha Franklin Post Soul,’’ Aretha Franklin. administration without really address- Office Building’’. Aretha Franklin was an American ing serious ethics reforms. The SPEAKER pro tempore. Pursu- singer, songwriter, pianist, and civil S. 394, on the other hand, is an honest ant to the rule, the gentlewoman from rights activist, and so we want to give ethics reform package. The bipartisan New York (Mrs. CAROLYN B. MALONEY) honor where honor is due. support in the Senate shows that ethics and the gentleman from North Caro- She began her career as a child sing- reform does not need to be a partisan lina (Mr. MEADOWS) each will control 20 ing at her church in Detroit. For the exercise. minutes. next six decades, her distinctive voice I would suggest Senator JOHNSON’s The Chair recognizes the gentle- captivated listeners and influenced bill addresses a number of ambiguities woman from New York. countless other singers.

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.081 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H828 CONGRESSIONAL RECORD — HOUSE February 5, 2020 So it is my delight to rise in support pact Detroit had on her childhood and thing done and get it over with and of this particular bill. It is out of ‘‘Re- career. ‘‘Detroiters realize how deeply I make sure that we show the ‘‘respect’’ spect’’ for my good friend from Michi- appreciate the city in which I was that we should. gan, and so we will ‘‘Say a Little Pray- raised. And it is in Detroit that I con- Mr. Speaker, I yield back the balance er’’ and hope that this goes through. tinue to cultivate my career; it is to of my time. Mrs. CAROLYN B. MALONEY of New b 1615 Detroit that I direct most of my chari- table activities; and it is from Detroit York. Mr. Speaker, I yield myself the Mrs. CAROLYN B. MALONEY of New that I receive much love and support, balance of my time. York. Mr. Speaker, I yield such time as which I reciprocate.’’ Mr. Speaker, I urge passage of H.R. she may consume to the gentlewoman No matter how famous she became 3976. I had the opportunity to meet from Michigan (Mrs. LAWRENCE), the worldwide, Aretha always gave back to Aretha Franklin several times. She author of this bill. the city she grew up in. She frequently was a great friend of Charlie Rangel Mrs. LAWRENCE. Mr. Speaker, I hosted community events for and would often perform for his events. thank the gentlewoman for yielding. congregants in her father’s church, and She very generously gave her time to I will start by thanking the leader- she donated to organizations like Save raise money for all kinds of civic rights ship on the Committee on Oversight the Children and Easterseals and sup- events. She was a remarkable person and Reform for marking up this legis- ported local food banks across Detroit. and a great singer. lation. In the year after her passing, an out- Mr. Speaker, I urge everyone to sup- Mr. Speaker, I rise today in support pouring of support has led to the report this important legislation, and I of H.R. 3976, which would rename a post naming of Detroit monuments in her yield back the balance of my time. office in my hometown of Detroit after honor—and I am so proud and happy to The SPEAKER pro tempore (Mr. the Queen of Soul, Aretha Franklin. As stand here today, personally knowing CARSON of Indiana). The question is on was mentioned earlier, she was an 18 her, traveling with her on her tours—to the motion offered by the gentlewoman Grammy Award winner; a star on the include a post office near her home in from New York (Mrs. CAROLYN B. Hollywood Walk of Fame; and the first Detroit to the list of ways to com- MALONEY) that the House suspend the woman to be inducted into the Rock & memorate this amazing woman. rules and pass the bill, H.R. 3976. Roll Hall of Fame. While there is little that can truly The question was taken; and (two- She performed at three inaugural demonstrate our appreciation for thirds being in the affirmative) the events for Presidents Carter, Clinton, Aretha Franklin, I hope her family rules were suspended and the bill was and Barack Obama. She was a woman knows how proud and thankful we all passed. who was respected on both sides of the are for her lifelong support. A motion to reconsider was laid on aisle where President Bush issued her Mr. Speaker, I urge my colleagues to the table. the Medal of Freedom. give a little support R-E-S-P-E-C-T, to f ‘‘A Natural Woman’’ singer, she was this legislation. MOTHER FRANCES XAVIER more than just a music icon. She was a Mrs. CAROLYN B. MALONEY of New CABRINI POST OFFICE BUILDING civil rights advocate who used her plat- York. Mr. Speaker, I yield 11⁄2 minutes Mrs. LAWRENCE. Mr. Speaker, I form and voice to advocate for racial to the gentlewoman from Michigan move to suspend the rules and pass the equality. (Mrs. DINGELL). bill (H.R. 4794) to designate the facility I knew her personally and she would Mrs. DINGELL. Mr. Speaker, I thank of the United States Postal Service lo- talk to me about being a child and hav- Madam Chair for yielding. ing Martin Luther King in her home Mr. Speaker, I rise today in strong cated at 8320 13th Avenue in Brooklyn, with her dad discussing policies and support of H.R. 3976, the bill sponsored New York, as the ‘‘Mother Frances Xa- vier Cabrini Post Office Building’’. what they were going to do to fight toby my colleague, Mrs. LAWRENCE, and gether for racial equality. The Clerk read the title of the bill. by the members of the Michigan dele- The text of the bill is as follows: In 1967, Aretha released ‘‘Respect,’’ gation. which became a rally cry for racial and This bill honors the ‘‘Queen of Soul,’’ H.R. 4794 gender political movements of the Aretha Franklin, and her innumerable Be it enacted by the Senate and House of Rep- time. resentatives of the United States of America in contributions to music. Her faith in Congress assembled, Although people remember Aretha Detroit and its people is what I remem- SECTION 1. MOTHER FRANCES XAVIER CABRINI Franklin as the ‘‘Queen of Soul’’ she ber as much as her voice. This legisla- POST OFFICE BUILDING. was more than just a vocalist. Aretha tion serves as a fitting tribute to her (a) DESIGNATION.—The facility of the used her platform to become a beacon esteemed legacy. United States Postal Service located at 8320 of hope for people during the civil Aretha Franklin grew up singing at 13th Avenue in Brooklyn, New York, shall be rights movement and her voice served the New Bethel Baptist Church with known and designated as the ‘‘Mother as a perfect guiding light. her father, Reverend C.L. Franklin. Frances Xavier Cabrini Post Office Build- In 1967, she toured with Harry ing’’. Aretha’s father was a good and dear (b) REFERENCES.—Any reference in a law, Belafonte and Sidney Poitier to raise friend to John Dingell, helping him map, regulation, document, paper, or other money for Dr. Martin Luther King’s early in his career. The two of them record of the United States to the facility re- Southern Christian Leadership Con- fought side by side in the fifties and ferred to in subsection (a) shall be deemed to ference. The organization was in a dire the sixties for civil rights legislation. be a reference to the ‘‘Mother Frances Xa- financial state and would soon become Aretha’s career includes more than 20 vier Cabrini Post Office Building’’. the Poor People’s Campaign. Grammy Awards, the first woman in- The SPEAKER pro tempore. Pursu- In 1970, few people knew Aretha ducted into the Rock & Roll Hall of ant to the rule, the gentlewoman from Franklin posted bond for Angela Davis, Fame and receiving the Presidential Michigan (Mrs. LAWRENCE) and the gen- a prominent activist who was jailed on Medal of Freedom. tleman from North Carolina (Mr. trumped-up charges. In 1970, a Jet mag- However, it is Aretha’s message MEADOWS) each will control 20 minutes. azine article quoted Aretha Franklin: through music of respect, love, and The Chair recognizes the gentle- ‘‘Black people will be free. I have been faith that will stay with us for genera- woman from Michigan. locked up for disturbing the peace in tions. GENERAL LEAVE Detroit and I know you got to disturb Today, I stand with my Michigan col- Mrs. LAWRENCE. Mr. Speaker, I ask the peace when you can’t get no peace. leagues and urge every Member to unanimous consent that all Members Jail is hell to be in. I’m going to see honor Aretha Franklin’s legacy. Her have 5 legislative days in which to re- her free if there is any justice in our contributions to our country are de- vise and extend their remarks and in- courts . . . because she’s a Black serving of this recognition, and maybe clude extraneous material on this woman and she wants freedom for we need to have her up there, up there measure. Black people.’’ with John, ‘‘say a little prayer’’ for us. The SPEAKER pro tempore. Is there In her 1999 autobiography, ‘‘Aretha: Mr. MEADOWS. Mr. Speaker, I will objection to the request of the gentle- From These Roots’’ described the im- just cut to the chase. Let’s get this woman from Michigan?

VerDate Sep 11 2014 05:45 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.083 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H829 There was no objection. Mr. MEADOWS. Mr. Speaker, I rise to designate the facility of the United Mrs. LAWRENCE. Mr. Speaker, I in support of H.R. 4794. I appreciate States Postal Service located at 2505 yield myself such time as I may con- Representative ROSE’s willingness to Derita Avenue in Charlotte, North sume. acknowledge the great work of Mother Carolina, as the Julius L. Chambers Mr. Speaker, I am pleased to join my Cabrini and so much has been said al- Civil Rights Memorial Post Office. colleagues in consideration of H.R. ready about her accomplishments. I thank Representative ALMA ADAMS 4794, to designate the facilities of the Mr. Speaker, I ask that my col- for introducing this bill to honor Ju- United States Postal Service located at leagues support this legislation, and I lius Chambers, a civil rights icon. 8320 13th Avenue in Brooklyn, New yield back the balance of my time. Mr. Speaker, I yield such time as she York, as the Mother Frances Xavier Mrs. LAWRENCE. Mr. Speaker, I may consume the gentlewoman from Cabrini Post Office. yield back the balance of my time. North Carolina (Ms. ADAMS). Ms. ADAMS. Mr. Speaker, I thank I want to thank Representative MAX The SPEAKER pro tempore. The the chairwoman from Michigan for ROSE, a fellow Member, for introducing question is on the motion offered by yielding, as well the gentleman from this bill honoring, literally, a saint. In the gentlewoman from Michigan (Mrs. November of 1880, Mother Cabrini, North Carolina. LAWRENCE) that the House suspend the Mr. Speaker, I rise today in support along with six other women, took reli- rules and pass the bill, H.R. 4794. of H.R. 4981, which would designate the gious vows and founded the Missionary The question was taken; and (two- U.S. Post Office facility at 2505 Derita Sisters of the Sacred Heart of Jesus. thirds being in the affirmative) the Avenue in Charlotte, North Carolina, The purpose of the missionary was to rules were suspended and the bill was as the Julius L. Chambers Civil Rights care and educate orphans. passed. Memorial Post Office. Mr. Speaker, I yield such time as he A motion to reconsider was laid on Julius LeVonne Chambers was born may consume to the gentleman from the table. in Mount Gilead, North Carolina, in New York (Mr. ROSE). f 1935. When he was young, a White man Mr. ROSE of New York. Mr. Speaker, stole from his father, an auto me- b 1630 I thank Congresswoman LAWRENCE for chanic, by refusing to pay a substantial that kind introduction, and the gentle- JULIUS L. CHAMBERS CIVIL bill. When attorneys in Mount Gilead woman is an honorary fellow New RIGHTS MEMORIAL POST OFFICE refused to hear his father’s case be- Yorker. Mrs. LAWRENCE. Mr. Speaker, I cause his father was Black, Julius Mr. Speaker, I rise to support my move to suspend the rules and pass the Chambers vowed to become a lawyer bill, H.R. 4794, to rename the post of- bill (H.R. 4981) to designate the facility himself. fice in Dyker Heights, Brooklyn as the of the United States Postal Service lo- At North Carolina Central Univer- Mother Frances Xavier Cabrini Post sity—then the North Carolina College cated at 2505 Derita Avenue in Char- Office. Mother Cabrini was a great New at Durham—for his undergraduate edu- lotte, North Carolina, as the ‘‘Julius L. Yorker and a great American who de- cation, Chambers served as student Chambers Civil Rights Memorial Post voted her life to helping the poor and body president. While attending UNC- Office’’. underserved to include immigrants Chapel Hill for law school, Julius The Clerk read the title of the bill. throughout New York City. Chambers was the first African Amer- Mother Cabrini is famous across the The text of the bill is as follows: ican editor in chief of that school’s United States for her work providing H.R. 4981 prestigious law review. education in underserved communities. Be it enacted by the Senate and House of Rep- Upon graduating and moving to She began her work organizing classes resentatives of the United States of America in Charlotte in 1964, Julius Chambers for Italian immigrants and orphans Congress assembled, began a prolific legal career that would through the city. She helped found Co- SECTION 1. JULIUS L. CHAMBERS CIVIL RIGHTS see him fight for justice and equality. lumbus Hospital in New York City’s MEMORIAL POST OFFICE. He founded his own law firm and imme- Lower East Side, which is now a part of (a) DESIGNATION.—The facility of the diately began to litigate key discrimi- United States Postal Service located at 2505 nation cases after White firms would the world-renowned Memorial Sloan Derita Avenue in Charlotte, North Carolina, Kettering Cancer Center. not hire him. Mr. Chambers’ firm shall be known and designated as the ‘‘Julius would later become North Carolina’s After her success in New York, she L. Chambers Civil Rights Memorial Post Of- was called upon to open up schools all fice’’. first integrated law firm, Ferguson around the world; not only across the (b) REFERENCES.—Any reference in a law, Chambers & and Sumter, P.A. It is still United States, but also in Europe, and map, regulation, document, paper, or other in operation today. Central and South America. record of the United States to the facility re- Notably, in 1970, Chambers argued Mother Cabrini is not just a New ferred to in subsection (a) shall be deemed to successfully before the U.S. Supreme York icon, although she is that. Her be a reference to the ‘‘Julius L. Chambers Court in the landmark Swann v. Char- Civil Rights Memorial Post Office’’. lotte-Mecklenburg Board of Education name is affixed to buildings in Chicago, that resulted in the desegregation of Seattle, New Orleans, Denver, Los An- The SPEAKER pro tempore. Pursu- the Charlotte-Mecklenburg school sys- geles, and Philadelphia. ant to the rule, the gentlewoman from Michigan (Mrs. LAWRENCE) and the gen- tem. Cabrini was naturalized as a U.S. cit- As he fought for equality, there were izen in 1909 and canonized as Saint tleman from North Carolina (Mr. MEADOWS) each will control 20 minutes. many who fought to stop him. In Janu- Frances Xavier Cabrini on July 7, 1946 ary 1965, his car was burned. In Novem- by Pope Pius XII as the patron saint of The Chair recognizes the gentlewoman from Michigan. ber 1965, his home was bombed. And in immigrants. February 1971, his office was GENERAL LEAVE I am proud to have the support of my firebombed. colleagues from the New York delega- Mrs. LAWRENCE. Mr. Speaker, I ask According to The New York Times: tion, both Democrats and Republicans, unanimous consent that all Members ‘‘His response was defiant; he said he who have come together in recognition may have 5 legislative days in which to would ‘keep fighting.’ It was also meas- that the time has come to give Mother revise and extend their remarks and in- ured. ‘We must accept this type of Cabrini her due recognition. clude extraneous material on this mat- practice,’ he said, ‘from those less in Mother Cabrini will always be a shin- ter. control of their faculties.’’’ ing example of our country’s commit- The SPEAKER pro tempore. Is there Though he endured hardships, he did ment to the less fortunate, particularly objection to the request of the gentle- not grow weary of his mission. As he immigrants in our country. She also woman from Michigan? grew into one of the Nation’s most ac- serves as a testament for the power of There was no objection. complished civil rights lawyers, Julius education, the power of education to Mrs. LAWRENCE. Mr. Speaker, I Chambers would go on to lead the relieve poverty and empower commu- yield myself such time as I may con- NAACP Legal Defense and Educational nities, regardless of their background. sume. Fund for over 9 years, where he contin- Mr. Speaker, I urge my colleagues to Mr. Speaker, I am pleased to join my ued to fight for social justice and vote in favor of this bill. colleagues in consideration of H.R. 4981 equality.

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.086 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H830 CONGRESSIONAL RECORD — HOUSE February 5, 2020 He would later return to North Caro- SECTION 1. WALTER B. JONES, JR. POST OFFICE. Carolina’s Camp Lejeune with photos lina Central University to serve as (a) DESIGNATION.—The facility of the outside his office, all of this dem- chancellor, where he proudly cul- United States Postal Service located at 3703 onstrating his genuine dedication to North Main Street in Farmville, North Caro- tivated young minds from 1993 until those who serve. lina, shall be known and designated as the Mr. Speaker, I urge my colleagues to 2001. ‘‘Walter B. Jones, Jr. Post Office’’. After a lifetime of service to others, (b) REFERENCES.—Any reference in a law, join in support of this resolution so Julius L. Chambers passed away at the map, regulation, document, paper, or other that Walter’s memory can be honored age of 76 in 2013. record of the United States to the facility rein Farmville, a community he loved Mr. Speaker, my State and our Na- ferred to in subsection (a) shall be deemed to dearly and served tirelessly. tion are undoubtedly better because of be a reference to the ‘‘Walter B. Jones, Jr. Mr. MEADOWS. Mr. Speaker, I yield the life of Julius L. Chambers. I ad- Post Office’’. myself such time as I may consume. mired this man, and I was pleased to The SPEAKER pro tempore. Pursu- I rise in support of this legislation, know him and had many conversations ant to the rule, the gentlewoman from H.R. 5037. with him during his lifetime. Michigan (Mrs. LAWRENCE) and the gen- Walter Jones was not just a col- During this Black History Month, I tleman from North Carolina (Mr. league; he was a friend. For many of us hope that my colleagues will join me in MEADOWS) each will control 20 minutes. in this Chamber, we can remember voting in favor of this legislation and The Chair recognizes the gentle- when he sat just off the center aisle help me honor this civil rights legend woman from Michigan. there, just a few rows back from the in a community that he worked so hard GENERAL LEAVE front. He was consistently there and to improve. Mrs. LAWRENCE. Mr. Speaker, I ask consistently a voice, as my friend from I thank my colleague, Mr. MEADOWS, unanimous consent that all Members North Carolina (Mr. PRICE) just said, of and all of my colleagues from North may have 5 legislative days in which to those who had fallen in the ultimate fight for freedom and liberty. Many of Carolina and that delegation for sup- revise and extend their remarks and in- us have pictures outside of our congres- porting this legislation. clude any extraneous material on this sional offices recognizing those who Mr. MEADOWS. Mr. Speaker, I yield measure. have fallen in their fight for liberty in myself such time as I may consume. The SPEAKER pro tempore. Is there the armed services, and that is due in Mr. Speaker, I rise in support of H.R. objection to the request of the gentle- no small part to our good friend, Mr. 4981 introduced by my good friend, the woman from Michigan? Walter Jones. gentlewoman from North Carolina (Ms. There was no objection. Mr. Speaker, I yield 5 minutes to the ADAMS). Mrs. LAWRENCE. Mr. Speaker, I gentleman from North Carolina (Mr. Certainly, she has gone over all the yield myself such time as I may con- MURPHY), who is carrying on that leg- reasons why support for this measure is sume. acy in his congressional district. not only demanded, but it is certainly Mr. Speaker, I am pleased to join my deserved. I would just join her in ask- Mr. MURPHY of North Carolina. Mr. colleagues in consideration of H.R. 5037 Speaker, I rise today in support of H.R. ing my colleagues to support it, and I to designate the facility of the United yield back the balance of my time. 5037, which is a tribute to my prede- States Postal Service located at 3703 cessor, friend, and mentor, Congress- Mrs. LAWRENCE. Mr. Speaker, I North Main Street in Farmville, North yield myself such time as I may con- man Walter B. Jones. Sadly, he passed Carolina, as the Walter B. Jones, Jr. away while serving diligently in his of- sume to urge the passage of H.R. 4981. Post Office. Mr. Speaker, this is such a signifi- fice nearly a year ago. I thank Representative MURPHY for This legislation would designate the cant opportunity for us in Congress to introducing this measure honoring our be able to recognize lifelong accom- post office in his hometown of former colleague. As you know, Walter Farmville, North Carolina, as the Wal- plishments that are above the norm, Jones was born in North Carolina and people who give their lives so that ter B. Jones, Jr. Post Office. was a longtime resident of Farmville. He was the son of Walter B. Jones, their names will never be forgotten. He later graduated from Atlantic It is with great honor that we recog- Sr., and Doris Long. A devoted public Christian College and served 4 years in servant, a man of great faith, and a nize a queen, a saint, and now a civil the National Guard. rights leader, and I urge the passage of proud American, Walter put the people Mr. Speaker, I yield such time as he and the needs of North Carolina’s Third H.R. 4981. may consume to the gentleman from Mr. Speaker, I yield back the balance District first. North Carolina (Mr. PRICE). I knew Walter first as a patient, who of my time. Mr. PRICE of North Carolina. Mr. The SPEAKER pro tempore. The then became a dear friend and then be- Speaker, I am happy to rise in support question is on the motion offered by came a political mentor. His passing of this legislation, H.R. 5037, sup- the gentlewoman from Michigan (Mrs. was a loss for our State, our Nation, porting the designation of the Walter LAWRENCE) that the House suspend the and for all who knew him and loved B. Jones, Jr. Post Office in his home- rules and pass the bill, H.R. 4981. him. The question was taken; and (two- town of Farmville, North Carolina. In part due to his own service in the The late Walter Jones was a treas- thirds being in the affirmative) the military, Walter cared deeply about ured colleague and a personal friend, rules were suspended and the bill was the brave men and women who served and I am glad to join others in the passed. our country. After attending Hargrave A motion to reconsider was laid on North Carolina delegation and in this Military Academy in Virginia, Walter the table. Chamber in this fitting tribute. graduated from Atlantic Christian Col- Walter, I think we would all agree, lege in 1966 and went on to serve in the f charted a path uniquely his own. His North Carolina National Guard for 4 WALTER B. JONES, JR. POST warmth and sincerity earned him re- years. OFFICE spect and affection on both sides of the After serving for 10 years in the Mrs. LAWRENCE. Mr. Speaker, I aisle and across the entire spectrum of North Carolina House, he was elected move to suspend the rules and pass the political attitudes and beliefs. The to the United States House of Rep- bill (H.R. 5037) to designate the facility same was true in North Carolina resentatives in 1995, where he would of the United States Postal Service lo- among his constituents. spend the remaining 24 years of his life cated at 3703 North Main Street in Walter was perhaps best known for diligently serving the people of North Farmville, North Carolina, as the his devotion to our men and women in Carolina’s Third Congressional Dis- ‘‘Walter B. Jones, Jr. Post Office’’. uniform and their families. He was at- trict. The Clerk read the title of the bill. tentive, of course, to the needs of our He worked tirelessly to ensure that The text of the bill is as follows: military bases in North Carolina, but he was always available to his con- H.R. 5037 for Walter, this was very personal. He stituents and saw that they received Be it enacted by the Senate and House of Rep- sent more than 10,000 letters to the assistance whenever they needed it, resentatives of the United States of America in families of fallen troops, and he memo- particularly with the VA and Congress assembled, rialized those who died from North healthcare benefits.

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.089 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H831 Both in our Nation’s Capitol and in health, he was unable to come to the Representative Jones passed away on Feb- eastern North Carolina, Walter was floor to have the oath of office admin- ruary 10, 2019, his 76th birthday. He worked known for his humility and kindheart- istered to him, and Walter asked that I tirelessly on behalf of our great state and edness. In fact, Walter was voted the come to his home. The Speaker of the served four years in the North Carolina Na- nicest Member of Congress in 2004 in a House authorized me to do so, and I tional Guard, ten years in the North Carolina survey conducted by the Washing- went to his living room that day and General Assembly, and was a member of the tonian among top Capitol Hill staffers. administered the final oath of office to House of Representatives for over three dec- Of course, Walter was known for his him. He was so appreciative, and we ades. vigorous support of our military and had a wonderful conversation that I A man of profound integrity, Representative particularly thousands of marines shall never ever forget. Jones fought each and every day for what he based in eastern North Carolina at Walter Jones was a lifetime public believed was right. From championing our Camp Lejeune and Marine Corps air servant, serving in the National Guard men and women in uniform to protecting our stations in Cherry Point as well as New for 4 years, in our general assembly for coastline, he was always a steadfast voice for River, along with FRC East. 10 years, and here in Congress for 24 the people of eastern North Carolina. As a member of the Armed Services long years as Representative of the Today I am proud to join the North Carolina Committee, he began a letter-writing Third Congressional District. Congressional Delegation in supporting H.R. campaign, ultimately sending over Since I joined Congress in 2004, I 5037, to designate a facility of the United 11,000 letters of condolences to families watched Walter cast many difficult States Postal Service as the ‘‘Walter B. Jones, and extended family members of fallen votes with conviction. I would sit right Jr. Post Office,’’ located in his hometown of soldiers. Outside of his office—and now here to my left, and Walter would come Farmville, North Carolina. my office—are hundreds of photos of by and, in his own way, he would say, Mr. Speaker, please join me today in hon- those who have fallen for the freedom ‘‘Mr. Chairman,’’ and we would have a oring the life and legacy of Representative of this Nation. wonderful laugh about that. But he Walter B. Jones, Jr. The SPEAKER pro tempore. The This was the kind of man he was: ad- would stand firm in what he believed question is on the motion offered by mirable, selfless, and caring. was right for his constituents and the the gentlewoman from Michigan (Mrs. Additionally, some of Walter’s great- American people. LAWRENCE) that the House suspend the est achievements while serving in Con- Although Walter is no longer with us, rules and pass the bill, H.R. 5037. gress included the work to ensure au- he left an indelible mark on eastern The question was taken; and (two- tistic children of military families re- North Carolina. He left a mark on this thirds being in the affirmative) the ceived a proper education. He also ad- House and the Nation. Mr. Speaker, I rules were suspended and the bill was vocated for the use of hyperbaric oxy- call on my colleagues to join me in passed. gen therapy to treat veterans with honoring Walter Jones. A motion to reconsider was laid on traumatic brain injury and to protect I was particularly moved that so the table. many of our colleagues traveled by the beautiful wild horses on f Shackleford Banks and North Caro- military aircraft as we went to his fu- lina’s beaches. He had compassion and neral that day. The Speaker of the SCIPIO A. JONES POST OFFICE respect for these beautiful animals on House authorized the airplane, and we PORTRAIT the eastern shores. flew down to Greenville that day. Mrs. LAWRENCE. Mr. Speaker, I Walter left behind a legacy that epit- The airplane was full of colleagues in move to suspend the rules and pass the omized what we all should aspire to be a bipartisan manner. Democrats and bill (H.R. 3317) to permit the Scipio A. as a public servant. So it is my privi- Republicans both attended the funeral. Jones Post Office in Little Rock, Ar- lege to introduce this bill honoring And it was bicameral. You may remem- kansas, to accept and display a por- such a great American like Walter ber that Senator Byrne and Senator trait of Scipio A. Jones, and for other Jones. TILLIS were there as well. purposes. Mr. Speaker, I would like to thank So I thank them very much for hon- The Clerk read the title of the bill. the entire North Carolina delegation oring this great man. The text of the bill is as follows: for joining as original cosponsors of And to the Jones family, to Joe Ann H.R. 3317 this piece of legislation, and I urge and Ashley, may God bless you, and Be it enacted by the Senate and House of Rep- Members to adopt H.R. 5037, which may we keep the memory of Walter B. resentatives of the United States of America in would permanently name the post of- Jones, Jr., alive. Congress assembled, fice after him in Farmville. Mr. MEADOWS. Mr. Speaker, all of SECTION 1. SCIPIO A. JONES POST OFFICE POR- us have come together to give a little TRAIT. b 1645 (a) IN GENERAL.—The postmaster of the bit of what we got in big doses, and Scipio A. Jones Post Office, located at 1700 Mrs. LAWRENCE. Mr. Speaker, I that was compassion and care from a Main Street in Little Rock, Arkansas, may yield 2 minutes to the gentleman from man who was not only strongest in his accept and display, in the lobby of such Post the great State of North Carolina (Mr. convictions, but resolute in those con- Office, a painting, by artist Wade Hampton, BUTTERFIELD), my colleague. victions as well. of a portrait of Scipio A. Jones. Mr. BUTTERFIELD. Mr. Speaker, I So I rise in support. I appreciate my (b) COSTS; GIFTS.—The United States Post- thank the gentlewoman for yielding me al Service shall not be responsible for any colleagues opposite for their support of costs of carrying out subsection (a), includ- the time and for her leadership and this. I appreciate Congressman MURPHY ing the costs of displaying the painting. The willingness to give time on this very for his leadership as well, and I yield postmaster referred to in such subsection is important bill. back the balance of my time. authorized to accept on behalf of the Govern- I thank my colleagues, Congressman Mrs. LAWRENCE. Mr. Speaker, I ment the painting and any services nec- GREG MURPHY and Congressman MARK stand here today just always in awe of essary to display the painting. MEADOWS, for advancing this bill. I re- the history of this House and those who The SPEAKER pro tempore. Pursu- member how well-connected they were have served, knowing personally the ant to the rule, the gentlewoman from to Walter B. Jones, Jr.—both of them— sacrifices and the skill set that is need- Michigan (Mrs. LAWRENCE) and the gen- and I thank them for this legislation. ed to be successful. To be able to honor tleman from North Carolina (Mr. It is my honor to join with Congress- one of our own is something that I sup- MEADOWS) each will control 20 minutes. man GREG MURPHY in cosponsoring port. The Chair recognizes the gentle- this legislation, and so I support H.R. Mr. Speaker, I urge the passage of woman from Michigan. 5037. H.R. 5037, and I yield back the balance GENERAL LEAVE Congressman Walter B. Jones, Jr., of my time. Mrs. LAWRENCE. Mr. Speaker, I ask was a devoted man of great faith. He Mr. HUDSON. Mr. Speaker, I rise today to unanimous consent that all Members was my personal friend, Mr. Speaker, honor the life and legacy of Representative may have 5 legislative days in which to for more than 40 years. Walter B. Jones, Jr., a fierce champion for revise and extend their remarks and in- My colleagues will recall that, as North Carolina, a diligent public servant, and a clude extraneous material on this mat- Walter was beginning to decline in personal friend to many across this body. ter.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.092 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H832 CONGRESSIONAL RECORD — HOUSE February 5, 2020 The SPEAKER pro tempore. Is there Jones’ actions resulted in the land- SECTION 1. MELINDA GENE PICCOTTI POST OF- objection to the request of the gentle- mark Supreme Court decision in Moore FICE. woman from Michigan? v. Dempsey, establishing that Federal (a) DESIGNATION.—The facility of the United States Postal Service located at 445 There was no objection. courts could review criminal convic- Main Street in Laceyville, Pennsylvania, Mrs. LAWRENCE. Mr. Speaker, I tions in State courts under the Due shall be known and designated as the yield myself such time as I may con- Process Clause of the Fourteenth ‘‘Melinda Gene Piccotti Post Office’’. sume. Amendment. (b) REFERENCES.—Any reference in a law, Mr. Speaker, I am pleased to join my Mr. Speaker, I am pleased that this map, regulation, document, paper, or other colleagues in consideration of H.R. legislation today that I have sponsored record of the United States to the facility re- 3317, to permit the Scipio A. Jones Post to honor his legacy, the Scipio A. ferred to in subsection (a) shall be deemed to Office in Little Rock, Arkansas, to ac- be a reference to the ‘‘Melinda Gene Piccotti Jones Post Office Portrait Act, is being Post Office’’. cept and display a portrait of Scipio A. considered on the House floor. Jones. Today’s measure is a simple one. It The SPEAKER pro tempore. Pursu- Mr. Speaker, I thank Representative authorizes a portrait of Scipio Jones to ant to the rule, the gentlewoman from FRENCH HILL for introducing the meas- be displayed at the U.S. Post Office in Michigan (Mrs. LAWRENCE) and the gen- ure to honor this civil rights icon. Little Rock, Arkansas, that bears his tleman from North Carolina (Mr. Scipio Jones was born in 1863 near name. It has the support of the entire MEADOWS) each will control 20 minutes. Tulip, Arkansas. He would later argue Arkansas delegation. The Chair recognizes the gentle- two civil rights cases before the Arkan- Scipio Jones’ fight for civil rights woman from Michigan. sas Supreme Court. and equality is an important part of GENERAL LEAVE Mr. Speaker, I reserve the balance of Arkansas’ history and something that Mrs. LAWRENCE. Mr. Speaker, I ask my time. we are deeply proud of in our State. unanimous consent that all Members Mr. MEADOWS. Mr. Speaker, I rise The Elaine massacre had a profound may have 5 legislative days in which to in support of H.R. 3317, introduced by impact on the soul of our State that revise and extend their remarks and in- my good friend, Representative FRENCH can be felt a century later. However, clude extraneous material on this HILL. history always teaches us that we can measure. Mr. Speaker, I yield as much time as learn from our past. We have an oppor- The SPEAKER pro tempore. Is there he may consume to the gentleman tunity, today, with this legislation, to objection to the request of the gentle- from Arkansas (Mr. HILL). write a new chapter on Arkansas his- woman from Michigan? Mr. HILL of Arkansas. Mr. Speaker, I tory that recognizes the legacy of the There was no objection. thank my good friend from North Caro- tragedy, honors the victims, and seeks Mrs. LAWRENCE. Mr. Speaker, I lina. I thank him particularly for his to heal longstanding wounds. I am de- yield myself such time as I may con- help in shepherding this bill through lighted to draft and sponsor this bill sume. the committee. that helps accomplish that goal. Mr. Speaker, I am pleased to join my I am grateful, too, to our late, good Our friend from North Carolina, the colleagues in consideration of H.R. friend Elijah Cummings for his support late Elijah Cummings, I am grateful 4279, to designate the facility of the and the opportunity to thank him on for their help and the staff of the Com- United States Postal Service located at the floor for his service in the House. mittee on Oversight and Reform. I ap- 445 Main Street in Laceyville, Pennsyl- Also, I thank my good friend from preciate it for the quick markup, and I vania, as the Melinda Gene Piccotti Michigan (Mrs. LAWRENCE) for her sup- am grateful for the support. Post Office. port of this measure. Mr. Speaker, I urge this measure’s I thank FRED KELLER, a distin- Mr. Speaker, in 1919, American passage. guished member of the Committee on doughboys returning from the Euro- Mr. MEADOWS. Mr. Speaker, I urge Oversight and Reform, for this measure pean front and its brutality were com- the bill’s passage, and I yield back the to honor a distinguished military vet- mitted to benefiting from the oppor- balance of my time. eran. tunity and liberty they secured at Mrs. LAWRENCE. Mr. Speaker, I Mr. Speaker, I reserve the balance of great risk and sacrifice to themselves. urge support for the passage of H.R. my time. Many took that commitment to auton- 3317, and I yield back the balance of my Mr. MEADOWS. Mr. Speaker, I rise omy and freedom home to small towns time. in support of H.R. 4279, introduced by and communities and homesteads The SPEAKER pro tempore. The Representative FRED KELLER. Cer- where their families and livelihoods re- question is on the motion offered by tainly, his leadership on this is to be mained. the gentlewoman from Michigan (Mrs. applauded. Just over 100 years ago, as September I also thank the gentlewoman from LAWRENCE) that the House suspend the bled over into October in 1919, few eyes rules and pass the bill, H.R. 3317. Michigan (Mrs. LAWRENCE) for her will- in this country were turned to a small The question was taken; and (two- ingness to not only lead on this, but agrarian community in northeast Ar- thirds being in the affirmative) the manage the floor for Chairwoman kansas. There, Black sharecroppers, rules were suspended and the bill was MALONEY. spurred in part by the tales of oppor- passed. Mr. Speaker, I yield such time as he tunity and liberty spun by these re- A motion to reconsider was laid on may consume to the gentleman from turning brave veterans of the war to the table. Pennsylvania (Mr. KELLER). end all wars, dared to discuss fair pay Mr. KELLER. Mr. Speaker, I thank for their crops. f the gentleman from North Carolina. To this day, an accurate account of Mr. Speaker, I rise today to urge my the tragic loss of life that took place MELINDA GENE PICCOTTI POST colleagues to support H.R. 4279, to during the Elaine massacre, when OFFICE name the post office in Laceyville, Wy- White mobs killed more than 100 Afri- Mrs. LAWRENCE. Mr. Speaker, I oming County, Pennsylvania, after can Americans, remains widely un- move to suspend the rules and pass the Melinda Gene Piccotti. known. bill (H.R. 4279) to designate the facility A native of Pennsylvania’s 12th Con- But one of the heroic stories that of the United States Postal Service lo- gressional District, Mindy was an Air emerged from the ashes of the Elaine cated at 445 Main Street in Laceyville, Force veteran who knew the struggles massacre was that of Scipio Africanus Pennsylvania, as the ‘‘Melinda Gene of combat veterans and wounded sol- Jones, one of the great lawyers in Ar- Piccotti Post Office’’. diers. She knew the struggles they kansas history. Jones’ skillful legal de- The Clerk read the title of the bill. faced when returning home from duty. fense saved the lives of 12 unfairly The text of the bill is as follows: Starting in 2009, at the age of 60, charged sharecroppers from the Elaine H.R. 4279 Mindy highlighted her commitment to massacre who were originally sen- Be it enacted by the Senate and House of Rep- our Nation’s Armed Forces by founding tenced to death by an Arkansas State resentatives of the United States of America in Hunts for Healing, based out of court. Congress assembled, Laceyville.

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.095 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H833 Mindy founded Hunts for Healing to The Clerk read the title of the bill. Pocan Scott, Austin Torres Small Porter Scott, David (NM) help wounded soldiers returning from The SPEAKER pro tempore. The Posey Serrano Trahan military missions in Iraq, Afghanistan, question is on the motion offered by Pressley Sewell (AL) Trone and other combat missions transition the gentleman from New Jersey (Mr. Price (NC) Shalala Turner Quigley Sherman Underwood back into civilian life, allowing them ALINOWSKI M ) that the House suspend Raskin Sherrill Upton to experience the joys of hunting, in- the rules and pass the bill, as amended. Ratcliffe Shimkus Van Drew cluding social interaction and camara- This is a 5-minute vote. Reed Simpson Vargas derie. Reschenthaler Sires Veasey The vote was taken by electronic de- Richmond Slotkin Vela With the assistance of volunteer vice, and there were—yeas 355, nays 62, Roby Smith (NJ) Vela´ zquez guides and funded entirely by private not voting 12, as follows: Rodgers (WA) Smith (WA) Visclosky donations, Hunts for Healing helps vet- Roe, David P. Soto Wagner [Roll No. 35] erans in need of physical, spiritual, and Rogers (AL) Spanberger Walberg YEAS—355 Rogers (KY) Speier Walden emotional support. In Laceyville, to Rooney (FL) Stanton Walorski the veterans she has helped and their Abraham Deutch King (NY) Rose (NY) Stauber Waltz families and loved ones, Mindy is noth- Adams Diaz-Balart Kinzinger Rose, John W. Stefanik Wasserman Aderholt Dingell Krishnamoorthi Rouda Steil Schultz ing short of a hero. Aguilar Doggett Kuster (NH) Roybal-Allard Steube Waters For the impact of her life and for her Allred Doyle, Michael Kustoff (TN) Ruiz Stevens Watkins continued legacy to the veterans’ com- Amodei F. LaHood Ruppersberger Stewart Watson Coleman Axne Dunn Lamb munity, I urge members to support Rush Stivers Welch Bacon Engel Lamborn Rutherford Suozzi Wenstrup H.R. 4279 to name the post office in Balderson Eshoo Langevin Ryan Swalwell (CA) Westerman Laceyville, Pennsylvania, for Melinda Barr Espaillat Larsen (WA) Sa´ nchez Takano Wexton ´ Gene Piccotti. Barragan Evans Larson (CT) Sarbanes Thompson (CA) Wild Bass Ferguson Latta Scalise Thompson (MS) Williams b 1700 Beatty Finkenauer Lawrence Scanlon Thompson (PA) Wilson (FL) Bera Fitzpatrick Lawson (FL) Schakowsky Thornberry Wilson (SC) Mr. MEADOWS. Mr. Speaker, I urge Bergman Fleischmann Lee (CA) Schiff Timmons Wittman adoption, and I yield back the balance Beyer Fletcher Lee (NV) Schneider Tipton Womack of my time. Bilirakis Flores Levin (CA) Schrader Titus Woodall Bishop (GA) Fortenberry Levin (MI) Schrier Tlaib Yarmuth The SPEAKER pro tempore. Without Blumenauer Frankel Lewis Schweikert Tonko Young objection, the gentleman from North Blunt Rochester Fudge Lieu, Ted Scott (VA) Torres (CA) Zeldin Carolina controls the time of the gen- Bonamici Fulcher Lipinski Bost Gaetz Loebsack NAYS—62 tlewoman from Michigan. Boyle, Brendan Gallagher Lofgren Allen Duncan Loudermilk F. Gallego Long There was no objection. Amash Emmer Massie Mr. PRICE of North Carolina. Mr. Brady Garamendi Lowenthal Armstrong Estes ´ McClintock Brindisi Garcıa (IL) Lowey Arrington Foxx (NC) Speaker, I, too, urge passage of H.R. Brooks (IN) Garcia (TX) Lucas Meadows 4279, and I yield back the balance of my Babin Gianforte Norman Brown (MD) Gibbs Luetkemeyer Baird Gohmert ´ Palmer time. Brownley (CA) Golden Lujan Banks Gooden Buchanan Gomez Luria Pence The SPEAKER pro tempore. The Biggs Gosar Perry Bucshon Gonzalez (OH) Lynch Bishop (NC) Graves (GA) question is on the motion offered by Rice (SC) Burgess Gonzalez (TX) Malinowski Bishop (UT) Green (TN) Riggleman the gentlewoman from Michigan (Mrs. Bustos Gottheimer Maloney, Brooks (AL) Grothman LAWRENCE) that the House suspend the Butterfield Granger Carolyn B. Buck Guest Rouzer Byrne Graves (LA) Maloney, Sean Budd Harris Roy rules and pass the bill, H.R. 4279. Calvert Graves (MO) Marchant Sensenbrenner The question was taken; and (two- Burchett Hern, Kevin Carbajal Green, Al (TX) Marshall Cheney Hice (GA) Smith (MO) ´ thirds being in the affirmative) the Cardenas Griffith Mast Cline Holding Smith (NE) rules were suspended and the bill was Carson (IN) Grijalva Matsui Cloud Hudson Spano Carter (GA) Guthrie McAdams passed. Comer Joyce (PA) Taylor Carter (TX) Haaland McBath Curtis King (IA) Walker A motion to reconsider was laid on Cartwright Hagedorn McCarthy Davidson (OH) LaMalfa Weber (TX) the table. Case Harder (CA) McCaul DesJarlais Lesko Wright Casten (IL) Hartzler McCollum f Castor (FL) Hastings McEachin NOT VOTING—12 Castro (TX) Hayes McGovern Cleaver Gabbard Rice (NY) ANNOUNCEMENT BY THE SPEAKER Chabot Heck McHenry Davids (KS) Kirkpatrick Smucker PRO TEMPORE Chu, Judy Herrera Beutler McKinley Escobar Meuser Webster (FL) Cicilline Higgins (LA) McNerney Foster Ocasio-Cortez Yoho The SPEAKER pro tempore. Pro- Cisneros Higgins (NY) Meeks ceedings will resume on questions pre- Clark (MA) Hill (AR) Meng b 1730 viously postponed. Votes will be taken Clarke (NY) Himes Miller in the following order: Clay Hollingsworth Mitchell Messrs. MEADOWS, JOYCE of Penn- Clyburn Horn, Kendra S. Moolenaar sylvania, KEVIN HERN of Oklahoma, Motions to suspend the rules and Cohen Horsford Mooney (WV) pass: Cole Houlahan Moore COMER, PALMER, and WEBER of H.R. 4044; Collins (GA) Hoyer Morelle Texas changed their vote from ‘‘yea’’ Conaway Huffman Moulton to ‘‘nay.’’ H.R. 4031; and Connolly Huizenga Mucarsel-Powell H.R. 2382. Cook Hurd (TX) Mullin Messrs. GUTHRIE, GAETZ, and WIL- The first electronic vote will be con- Cooper Jackson Lee Murphy (FL) SON of South Carolina changed their ducted as a 15-minute vote. Pursuant Correa Jayapal Murphy (NC) vote from ‘‘nay’’ to ‘‘yea.’’ Costa Jeffries Nadler So (two-thirds being in the affirma- to clause 9 of rule XX, remaining elec- Courtney Johnson (GA) Napolitano tronic votes will be conducted as 5- Cox (CA) Johnson (LA) Neal tive) the rules were suspended and the minute votes. Craig Johnson (OH) Neguse bill, as amended, was passed. Crawford Johnson (SD) Newhouse The result of the vote was announced f Crenshaw Johnson (TX) Norcross Crist Jordan Nunes as above recorded. PROTECT AND RESTORE Crow Joyce (OH) O’Halleran A motion to reconsider was laid on AMERICA’S ESTUARIES ACT Cuellar Kaptur Olson the table. Cunningham Katko Omar The SPEAKER pro tempore. Pursu- Davis (CA) Keating Palazzo f ant to clause 8 of rule XX, the unfin- Davis, Danny K. Keller Pallone ished business is the vote on the mo- Davis, Rodney Kelly (IL) Panetta GREAT LAKES RESTORATION Dean Kelly (MS) Pappas INITIATIVE ACT OF 2019 tion to suspend the rules and pass the DeFazio Kelly (PA) Pascrell bill (H.R. 4044) to amend the Federal DeGette Kennedy Payne The SPEAKER pro tempore. Pursu- Water Pollution Control Act to reau- DeLauro Khanna Perlmutter ant to clause 8 of rule XX, the unfin- thorize the National Estuary Program, DelBene Kildee Peters ished business is the vote on the mo- Delgado Kilmer Peterson and for other purposes, as amended, on Demings Kim Phillips tion to suspend the rules and pass the which the yeas and nays were ordered. DeSaulnier Kind Pingree bill (H.R. 4031) to amend the Federal

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.097 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H834 CONGRESSIONAL RECORD — HOUSE February 5, 2020 Water Pollution Control Act to reau- Moore Rose (NY) Swalwell (CA) The Clerk read the title of the bill. Morelle Rose, John W. Takano thorize the Great Lakes Restoration Moulton Rouda Thompson (CA) The SPEAKER pro tempore. The Initiative, and for other purposes, on Mucarsel-Powell Roybal-Allard Thompson (MS) question is on the motion offered by which the yeas and nays were ordered. Mullin Ruiz Thompson (PA) the gentlewoman from New York (Mrs. Murphy (FL) Ruppersberger Thornberry The Clerk read the title of the bill. AROLYN ALONEY Nadler Rush Timmons C B. M ) that the House The SPEAKER pro tempore. The Napolitano Rutherford Tipton suspend the rules and pass the bill. question is on the motion offered by Neal Ryan Titus This is a 5-minute vote. the gentlewoman from California (Mrs. Neguse Sa´ nchez Tlaib Newhouse Sarbanes Tonko The vote was taken by electronic de- NAPOLITANO) that the House suspend Norcross Scalise Torres (CA) vice, and there were—yeas 309, nays the rules and pass the bill. Nunes Scanlon Torres Small 106, not voting 14, as follows: This is a 5-minute vote. O’Halleran Schakowsky (NM) Ocasio-Cortez Schiff Trahan [Roll No. 37] The vote was taken by electronic de- Olson Schneider Trone YEAS—309 vice, and there were—yeas 373, nays 45, Omar Schrader Turner not voting 11, as follows: Palazzo Schrier Underwood Adams Emmer Lowenthal Pallone Schweikert Upton Aguilar Engel Lowey [Roll No. 36] Panetta Scott (VA) Van Drew Allred Eshoo Lucas Amodei Espaillat Luetkemeyer YEAS—373 Pappas Scott, Austin Vargas Pascrell Scott, David Veasey Armstrong Estes Luja´ n Abraham Davis, Danny K. Jackson Lee Payne Sensenbrenner Vela Axne Evans Luria Adams Davis, Rodney Jayapal Pence Serrano Vela´ zquez Bacon Finkenauer Lynch Aderholt Dean Jeffries Perlmutter Sewell (AL) Visclosky Balderson Fitzpatrick Malinowski Aguilar DeFazio Johnson (GA) Perry Shalala Wagner Barraga´ n Fleischmann Maloney, Allred DeGette Johnson (OH) Peters Sherman Walberg Bass Fletcher Carolyn B. Amodei DeLauro Johnson (SD) Peterson Sherrill Walden Beatty Fortenberry Maloney, Sean Axne DelBene Johnson (TX) Phillips Shimkus Walorski Bera Frankel Marchant Bacon Delgado Jordan Pingree Simpson Waltz Bergman Fudge Marshall Baird Demings Joyce (OH) Pocan Sires Wasserman Beyer Gallego Mast Balderson DeSaulnier Joyce (PA) Porter Slotkin Schultz Bilirakis Garamendi Matsui Banks DesJarlais Kaptur Posey Smith (MO) Waters Bishop (GA) Garcı´a (IL) McAdams Barr Deutch Katko Pressley Smith (NE) Watson Coleman Bishop (UT) Garcia (TX) McBath Barraga´ n Diaz-Balart Keating Price (NC) Smith (NJ) Welch Blumenauer Gianforte McCaul Bass Dingell Keller Quigley Smith (WA) Wenstrup Blunt Rochester Gibbs McCollum Beatty Doggett Kelly (IL) Raskin Soto Westerman Bonamici Golden McEachin Bera Doyle, Michael Kelly (MS) Ratcliffe Spanberger Wexton Bost Gomez McGovern Bergman F. Kelly (PA) Reed Spano Wild Boyle, Brendan Gonzalez (OH) McKinley Beyer Dunn Kennedy Reschenthaler Speier Williams F. Gonzalez (TX) McNerney Bilirakis Emmer Khanna Richmond Stanton Wilson (FL) Brindisi Gottheimer Meeks Bishop (GA) Engel Kildee Riggleman Stauber Wilson (SC) Brooks (IN) Graves (MO) Meng Bishop (UT) Eshoo Kilmer Roby Stefanik Wittman Brown (MD) Green, Al (TX) Miller Blumenauer Espaillat Kim Rodgers (WA) Steil Womack Brownley (CA) Griffith Moolenaar Blunt Rochester Evans Kind Roe, David P. Stevens Woodall Buchanan Grijalva Moore Bonamici Ferguson King (IA) Rogers (AL) Stewart Yarmuth Bucshon Haaland Morelle Bost Finkenauer King (NY) Rogers (KY) Stivers Young Burchett Hagedorn Moulton Boyle, Brendan Fitzpatrick Kinzinger Rooney (FL) Suozzi Zeldin Bustos Harder (CA) Mucarsel-Powell F. Fleischmann Krishnamoorthi Butterfield Hartzler Mullin Brady Fletcher Kuster (NH) NAYS—45 Calvert Hastings Murphy (FL) Brindisi Flores Kustoff (TN) Allen Duncan Marshall Carbajal Hayes Nadler ´ Brooks (IN) Fortenberry LaHood Amash Estes Massie Cardenas Heck Napolitano Brown (MD) Frankel Lamb Armstrong Foxx (NC) McClintock Carson (IN) Herrera Beutler Neal Brownley (CA) Fudge Lamborn Arrington Gianforte Murphy (NC) Carter (GA) Higgins (NY) Neguse Buchanan Fulcher Langevin Babin Gooden Norman Cartwright Himes Newhouse Bucshon Gaetz Larsen (WA) Biggs Green (TN) Palmer Case Horn, Kendra S. Norcross Burgess Gallagher Larson (CT) Bishop (NC) Harris Rice (SC) Casten (IL) Horsford Nunes Bustos Gallego Latta Brooks (AL) Hern, Kevin Rouzer Castor (FL) Houlahan O’Halleran Butterfield Garamendi Lawrence Buck Hice (GA) Roy Castro (TX) Hoyer Ocasio-Cortez ´ Calvert Garcıa (IL) Lawson (FL) Budd Hudson Steube Cheney Huffman Olson Carbajal Garcia (TX) Lee (CA) Burchett Johnson (LA) Taylor Chu, Judy Hurd (TX) Omar ´ Cardenas Gibbs Lee (NV) Byrne LaMalfa Walker Cicilline Jackson Lee Pallone Carson (IN) Gohmert Levin (CA) Cline Lesko Watkins Cisneros Jayapal Panetta Carter (GA) Golden Levin (MI) Cloud Loudermilk Weber (TX) Clark (MA) Jeffries Pappas Carter (TX) Gomez Lewis Conaway Marchant Wright Clarke (NY) Johnson (GA) Pascrell Cartwright Gonzalez (OH) Lieu, Ted Clay Johnson (OH) Payne Case Gonzalez (TX) Lipinski NOT VOTING—11 Clyburn Johnson (TX) Perlmutter Casten (IL) Gosar Loebsack Cohen Joyce (OH) Peters Cleaver Gabbard Smucker Castor (FL) Gottheimer Lofgren Cole Kaptur Peterson Davids (KS) Kirkpatrick Castro (TX) Granger Long Webster (FL) Collins (GA) Katko Phillips Escobar Meuser Chabot Graves (GA) Lowenthal Yoho Connolly Keating Pingree Foster Rice (NY) Cheney Graves (LA) Lowey Cook Kelly (IL) Pocan Chu, Judy Graves (MO) Lucas Cooper Kelly (PA) Porter Cicilline Green, Al (TX) Luetkemeyer b 1739 Correa Kennedy Pressley Cisneros Griffith Luja´ n So (two-thirds being in the affirma- Costa Khanna Price (NC) Clark (MA) Grijalva Luria Courtney Kildee Quigley Clarke (NY) Grothman Lynch tive) the rules were suspended and the Cox (CA) Kilmer Raskin Clay Guest Malinowski bill was passed. Craig Kim Reed Clyburn Guthrie Maloney, The result of the vote was announced Crist Kind Reschenthaler Cohen Haaland Carolyn B. as above recorded. Crow King (IA) Richmond Cole Hagedorn Maloney, Sean Cuellar King (NY) Riggleman Collins (GA) Harder (CA) Mast A motion to reconsider was laid on Cunningham Kinzinger Roby Comer Hartzler Matsui the table. Davis (CA) Krishnamoorthi Rodgers (WA) Connolly Hastings McAdams Davis, Danny K. Kuster (NH) Roe, David P. Cook Hayes McBath f Davis, Rodney LaHood Rogers (AL) Cooper Heck McCarthy Dean LaMalfa Rogers (KY) Correa Herrera Beutler McCaul USPS FAIRNESS ACT DeFazio Lamb Rose (NY) Costa Higgins (LA) McCollum The SPEAKER pro tempore. Pursu- DeGette Langevin Rouda Courtney Higgins (NY) McEachin DeLauro Larsen (WA) Rouzer Cox (CA) Hill (AR) McGovern ant to clause 8 of rule XX, the unfin- DelBene Larson (CT) Roybal-Allard Craig Himes McHenry ished business is the vote on the mo- Delgado Lawrence Ruiz Crawford Holding McKinley tion to suspend the rules and pass the Demings Lawson (FL) Ruppersberger Crenshaw Hollingsworth McNerney DeSaulnier Lee (CA) Rush Crist Horn, Kendra S. Meadows bill (H.R. 2382) to amend title 5, United Deutch Lee (NV) Rutherford Crow Horsford Meeks States Code, to repeal the requirement Diaz-Balart Levin (CA) Ryan Cuellar Houlahan Meng that the United States Postal Service Dingell Levin (MI) Sa´ nchez Cunningham Hoyer Miller prepay future retirement benefits, and Doggett Lewis Sarbanes Curtis Huffman Mitchell Doyle, Michael Lieu, Ted Scanlon Davidson (OH) Huizenga Moolenaar for other purposes, on which the yeas F. Lipinski Schakowsky Davis (CA) Hurd (TX) Mooney (WV) and nays were ordered. Dunn Lofgren Schiff

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.101 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H835 Schneider Stauber Van Drew REPORT ON RESOLUTION PRO- Fahey as a citizen regent of the Board Schrader Stefanik Vargas VIDING FOR CONSIDERATION OF of Regents of the Smithsonian Institu- Schrier Stevens Veasey Scott (VA) Stivers Vela´ zquez H. RES. 826, EXPRESSING DIS- tion, and ask for its immediate consid- Scott, Austin Suozzi Visclosky APPROVAL OF THE TRUMP AD- eration in the House. Scott, David Swalwell (CA) Wagner MINISTRATION’S HARMFUL AC- The Clerk read the title of the joint Serrano Takano Walden TIONS TOWARDS MEDICAID; PRO- resolution. Sewell (AL) Thompson (CA) Waltz The SPEAKER pro tempore. Is there Shalala Thompson (MS) Wasserman VIDING FOR CONSIDERATION OF Sherman Thompson (PA) Schultz H.R. 2474, PROTECTING THE objection to the request of the gentle- Sherrill Tipton Waters RIGHT TO ORGANIZE ACT OF woman from California? Shimkus Titus Watkins 2019; AND PROVIDING FOR CON- There was no objection. Simpson Tlaib Watson Coleman SIDERATION OF H.R. 5687, EMER- The text of the joint resolution is as Sires Tonko Welch follows: Slotkin Torres (CA) Wexton GENCY SUPPLEMENTAL APPRO- S.J. RES. 65 Smith (NE) Torres Small Wild PRIATIONS FOR DISASTER RE- Smith (NJ) (NM) Wilson (FL) LIEF AND PUERTO RICO DIS- Resolved by the Senate and House of Rep- Smith (WA) Trahan Wilson (SC) ASTER TAX RELIEF ACT, 2020 resentatives of the United States of America in Soto Trone Yarmuth Congress assembled, That, in accordance with Spanberger Turner Young Mr. DESAULNIER, from the Com- section 5581 of the Revised Statutes (20 Speier Underwood Zeldin mittee on Rules, submitted a privi- U.S.C. 43), the vacancy on the Board of Re- Stanton Upton leged report (Rept. No. 116–392) on the gents of the Smithsonian Institution, in the class other than Members of Congress, occur- NAYS—106 resolution (H. Res. 833) providing for consideration of the resolution (H. Res. ring by reason of the expiration of the term Abraham Gosar Murphy (NC) 826) expressing disapproval of the of John Fahey of Massachusetts on February Aderholt Granger Norman 20, 2020, is filled by the reappointment of the Allen Graves (GA) Palazzo Trump administration’s harmful ac- incumbent. The reappointment is for a term Amash Graves (LA) Palmer tions towards Medicaid; providing for of six years, beginning on the later of Feb- Arrington Green (TN) Pence consideration of the bill (H.R. 2474) to ruary 20, 2020, or the date of the enactment Babin Grothman Perry amend the National Labor Relations of this joint resolution. Baird Guest Posey Banks Guthrie Ratcliffe Act, the Labor Management Relations The joint resolution was ordered to Barr Harris Rice (SC) Act, 1947, and the Labor-Management be read a third time, was read the third Biggs Hern, Kevin Rooney (FL) Reporting and Disclosure Act of 1959, time, and passed, and a motion to re- Bishop (NC) Hice (GA) Rose, John W. and for other purposes; and providing consider was laid on the table. Brady Higgins (LA) Roy for consideration of the bill (H.R. 5687) Brooks (AL) Hill (AR) Scalise f making emergency supplemental ap- Buck Holding Schweikert REAPPOINTING RISA LAVIZZO- Budd Hollingsworth Sensenbrenner propriations for the fiscal year ending Burgess Hudson Smith (MO) September 30, 2020, and for other pur- MOUREY AS CITIZEN REGENT OF Byrne Huizenga Spano poses, which was referred to the House BOARD OF REGENTS OF SMITH- Carter (TX) Johnson (LA) Steil SONIAN INSTITUTION Chabot Johnson (SD) Steube Calendar and ordered to be printed. Cline Jordan Stewart f Ms. LOFGREN. Mr. Speaker, I ask Cloud Joyce (PA) Taylor unanimous consent that the Com- Comer Keller Thornberry MAKING A TECHNICAL CORREC- mittee on House Administration be dis- Conaway Kelly (MS) Timmons TION TO THE SFC SEAN COOLEY charged from further consideration of Crawford Kustoff (TN) Walberg AND SPC CHRISTOPHER HORTON the joint resolution (S.J. Res. 67) pro- Crenshaw Lamborn Walker CONGRESSIONAL GOLD STAR Curtis Latta Walorski viding for the reappointment of Risa Davidson (OH) Lesko Weber (TX) FAMILY FELLOWSHIP PROGRAM Lavizzo-Mourey as a citizen regent of DesJarlais Long Wenstrup ACT the Board of Regents of the Smithso- Duncan Loudermilk Westerman nian Institution, and ask for its imme- Ferguson Massie Williams Ms. LOFGREN. Mr. Speaker, I ask Flores McCarthy Wittman unanimous consent that the Com- diate consideration in the House. Foxx (NC) McClintock Womack mittee on House Administration be dis- The Clerk read the title of the joint Fulcher McHenry Woodall charged from further consideration of resolution. Gaetz Meadows Wright House Resolution 812, and ask for its The SPEAKER pro tempore. Is there Gallagher Mitchell objection to the request of the gentle- Gooden Mooney (WV) immediate consideration in the House. The Clerk read the title of the resolu- woman from California? NOT VOTING—14 tion. There was no objection. The SPEAKER pro tempore. Is there The text of the joint resolution is as Cleaver Gohmert Smucker follows: Davids (KS) Kirkpatrick Vela objection to the request of the gentle- Escobar Loebsack Webster (FL) woman from California? S.J. RES. 67 Foster Meuser Yoho There was no objection. Resolved by the Senate and House of Rep- Gabbard Rice (NY) The text of the resolution is as fol- resentatives of the United States of America in Congress assembled, That, in accordance with lows: b 1748 section 5581 of the Revised Statutes (20 H. RES. 812 U.S.C. 43), the vacancy on the Board of Re- So (two-thirds being in the affirma- Resolved, That section 2(d) of House Reso- gents of the Smithsonian Institution, in the tive) the rules were suspended and the lution 107 (agreed to October 29, 2019) is class other than Members of Congress, occur- amended by striking ‘‘or sibling of’’ and in- ring by reason of the expiration of the term bill was passed. serting ‘‘parent, or sibling of’’. of Risa Lavizzo-Mourey of Pennsylvania on The result of the vote was announced The resolution was agreed to. February 21, 2020, is filled by the reappoint- as above recorded. ment of the incumbent. The reappointment A motion to reconsider was laid on is for a term of six years, beginning on the A motion to reconsider was laid on the table. later of February 21, 2020, or the date of en- the table. f actment of this joint resolution. The joint resolution was ordered to REAPPOINTING JOHN FAHEY AS PERSONAL EXPLANATION be read a third time, was read the third CITIZEN REGENT OF BOARD OF time, and passed, and a motion to re- Mrs. KIRKPATRICK. Mr. Speaker, I was ab- REGENTS OF SMITHSONIAN IN- consider was laid on the table. sent today due to a medical emergency. Had STITUTION I been present, I would have voted: ‘‘yea’’ on f Ms. LOFGREN. Mr. Speaker, I ask rollcall No. 35, ‘‘yea’’ on rollcall No. 36, and unanimous consent that the Com- MESSAGE FROM THE SENATE ‘‘yea’’ on rollcall No. 37. mittee on House Administration be dis- A message from the Senate by Ms. charged from further consideration of Byrd, one of its clerks, announced that the joint resolution (S.J. Res. 65) pro- the Secretary be directed to commu- viding for the reappointment of John nicate to the Secretary of State, as

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.064 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H836 CONGRESSIONAL RECORD — HOUSE February 5, 2020 provided by rule XXIII of the Rules of our country and the courage and char- outcry to the President of the United Procedure and Practice in the Senate acter of our fellow citizens: States that ‘‘You lie’’ that clearly un- When Sitting on Impeachment Trials, People like 100-year-old Tuskegee dermined the decorum of this House. and also to the House of Representa- airman Retired Brigadier General Frankly, I did not see the Speaker tives, the judgment of the Senate in Charles McGee and his great-grandson, tear that up. I have seen it on tele- the Case of Donald John Trump, and the 13-year-old who dreams of going to vision. It has been played, but I would transmit a certified copy of the judg- space; suggest to you very seriously—well, ment to each. People like single mother Stephanie whether anyone saw it or not, that is JUDGMENT Davis and her lovely fourth grade not my argument. My argument is, if The Senate having tried Donald John daughter who received an Opportunity each of us watches closely on the floor Trump, President of the United States, Scholarship. Who in this room does not each of our actions and we deem those upon two Articles of Impeachment ex- remember the look on Stephanie’s face actions to be disrespectful, either to hibited against him by the House of as she realized that her daughter was the Speaker, that is, the Speaker at Representatives, and two-thirds of the going to get an opportunity that she the rostrum or from the microphones Senators present not having found him sacrificed so greatly for; behind the desk, do we bring a resolu- guilty of the charges contained there- And people like Sergeant First Class tion that that was disrespectful? in: It is, therefore, Townsend Williams, who surprised his Each of you who say ‘‘yes,’’ well, I Ordered and adjudged, That the said wife, Amy, and two beautiful children will watch very closely, and we will go Donald John Trump be, and he is herein the gallery last night. back and forth, and that will not be a by, acquitted of the charges in said ar- As I looked around, I saw tears in good precedent because it will under- ticles. many people’s eyes from the emotion mine the premise of the First Amend- that they felt at that time. ment that action is speech. f Unfortunately, Speaker PELOSI was Now, an action that is criminal, an REMOVAL OF NAME OF MEMBER unmoved and chose to tear up the action that defames, an action that AS COSPONSOR OF H.J. RES. 25 House copy of that speech. She had no brings the House into disrepute, that is Mr. SPANO. Mr. Speaker, I ask unan- right to destroy this document, espe- another issue. But an action which imous consent to be removed as co- cially one filled with such impactful says: ‘‘I feel this way’’ should be pro- sponsor of H.J. Res. 25. stories of American patriots. tected. Now, not necessarily agreed The SPEAKER pro tempore. Is there The record was presented before the with, maybe even subject to criticism, objection to the request of the gen- people’s House and it belongs to the but certainly, not subject to a resolu- tleman from Florida? American people. That is why I am tion. There was no objection. here today. This resolution will not go forward, In my hand, I have an official copy of of course, because I will move to table f the President’s State of the Union ad- it if it is offered because I believe it un- NATIONAL GUN VIOLENCE dress signed by the President, given to dermines the First Amendment and the SURVIVORS WEEK me at the White House today. It will be House. (Mr. LANGEVIN asked and was given delivered to the House Clerk to be f permission to address the House for 1 archived and preserved for posterity, NOTICE OF INTENTION TO OFFER minute and to revise and extend his re- whether she likes it or not. RESOLUTION RAISING A QUES- marks.) These great American stories will be TION OF THE PRIVILEGES OF Mr. LANGEVIN. Mr. Speaker, I rise remembered by history, not erased by THE HOUSE to recognize National Gun Violence the Speaker. We are better because of them, and we should learn from them Ms. GRANGER. Mr. Speaker, pursu- Survivors Week and the countless ant to clause 2(a)(1) of rule IX, I seek Americans whose lives have been im- and we should be proud that they will shape our future. recognition to give notice of my intent pacted by gun violence across the coun- to raise a question of the privileges of try. f the House. This issue is personal to me, as it is b 1800 The form of the resolution is as fol- for so many others. When I was 16 lows: REACTION TO PRESIDENT’S STATE years old, as a young police cadet, an House Resolution 832. accidental gunshot left me paralyzed. OF THE UNION ADDRESS Whereas on December 20th, 2019, Last week, I had the honor of spend- (Mr. HOYER asked and was given Speaker PELOSI extended an invitation ing time with former Congresswoman permission to address the House for 1 for President Trump to address a joint Gabby Giffords, our colleague, in my minute.) session of Congress on February 4th, home State of Rhode Island. Gabby’s Mr. HOYER. Mr. Speaker, obviously, 2020; life was forever changed by a gunman each of us had our own reaction to the Whereas on February 4th, 2020, Presi- in 2011, but she never stopped fighting. speech that was given by the President dent Trump delivered his State of the She spoke of the courage it takes to last night. He had every right under Union address, in which he honored the stop gun violence, courage that she em- the First Amendment to say what he sacrifice of the following American he- bodies every single day. believed, what he was going to do, and roes and their families: So, to the parents, children, stu- what he wanted us to do. General Charles McGee, one of the dents, teachers, and countless others I suggest to you that if I took this last surviving Tuskegee airmen, who who have lost loved ones to gun vio- card and tore it up because I didn’t like served in World War II, the Korean war lence or faced gun violence themselves, what was on the card, I am protected and the Vietnam war; I encourage you to keep fighting. by the First Amendment in doing that. Kayla Mueller, a humanitarian aid Together, we can reform our gun That is a form of speech. If the effort is worker who was caring for suffering ci- laws and keep guns out of the wrong to shut one another up, perhaps we will vilians in Syria when she was kid- hands and save others from tragedy. go down that road. napped, tortured and enslaved by ISIS f But, clearly, most of you in this for over 500 days before being murdered House, or at least some of you in this by ISIS leader Abu Bakr al-Baghdadi; OFFICIAL COPY OF PRESIDENT’S House, have said an act of destroying Army Staff Sergeant Christopher STATE OF THE UNION ADDRESS things that the leader alleges are prop- Hake, who was killed while serving his (Mr. MCCARTHY asked and was erty of the House—I will ask for a rul- second tour of duty in Iraq by a road- given permission to address the House ing on that, Mr. Speaker, in just a side bomb supplied by Iranian terrorist for 1 minute.) minute—but is an act of disagreement. leader Qasem Soleimani; Mr. MCCARTHY. Mr. Speaker, we It is not an assertion, per se, that Sergeant First Class Townsend Wil- heard a great speech by the President what was said was wrong, disagreed liams, who is currently serving his last night, who spoke to the strength of with, or anything else. It was not an fourth deployment in the Middle East

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A05FE7.069 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H837 and his wife, Amy, who works full-time The SPEAKER pro tempore. The that document, presumably, is not the for the Army and devotes hundreds of message is part of the proceedings of document that was enrolled by the hours helping military families; the House and can be used by the House House pursuant to my motion last Whereas immediately following the for archival and printing purposes. The night. address, while still presiding over the gentleman has addressed the printing I know it is not in the possession of joint session, Speaker PELOSI ripped up of the document. the House. I know that for a fact. But an official copy of the President’s re- Mr. HOYER. Mr. Speaker, I don’t there is, pursuant to my motion, a doc- marks, which contained the names and think that answered my question. ument that has been enrolled, the stories of these patriots who sacrificed My question was: Was the document President’s address in the State of the so much for our country; and that was destroyed or torn apart, the Union. Whereas the conduct of Speaker document that was to be enrolled by So I simply want to make the point PELOSI was a breach of decorum and de- the House pursuant to my motion? to the Parliamentarian and to the graded the proceedings of the joint ses- The SPEAKER pro tempore. The Speaker, that the document that—I sion, to the discredit of the House: House is able to use that document and have been here for a long period of Now, therefore, be it other materials to fulfill the order of time. Numerous times, numerous Resolved, That the House of Rep- the House. times, I have had in this drawer a copy resentatives disapproves of the behav- Mr. MCCARTHY. Mr. Speaker, par- of the President’s speech that is deliv- ior of Speaker PELOSI during the joint liamentary inquiry. ered by the communication staff of the session of Congress held on February 4, The SPEAKER pro tempore. The gen- White House. 2020. tleman from California will state his Mr. Speaker, is that to be pre- The SPEAKER pro tempore. Under parliamentary inquiry. sumed—— The SPEAKER pro tempore. Respect- rule IX, a resolution offered from the Mr. MCCARTHY. Mr. Speaker, to floor by a Member other than the ma- clarify, was that document provided fully, the gentleman is engaged in de- jority leader or the minority leader as from the President to the Speaker of bate. This issue is more properly addressed in the format of 1-minute a question of the privileges of the the House a document of the House? House has immediate precedence only The SPEAKER pro tempore. It is speeches. Mr. MCCARTHY. Parliamentary in- at a time designated by the Chair with- part of the proceedings of the House in 2 legislative days after the resolu- quiry. and can be used by the House for archi- The SPEAKER pro tempore. The gen- tion is properly noticed. val and printing purposes. tleman from California will state his Pending that designation, the form of Mr. MCCARTHY. So to be clear, your the resolution noticed by the gentle- parliamentary inquiry. answer is: That is a document of the Mr. MCCARTHY. Mr. Speaker, you woman from Texas will appear in the House, and the President provides one clarified that is a document of the RECORD at this point. to the Speaker for the House, and the House. Can you clarify that is not a The Chair will not at this point de- President provides one to the President document for the Speaker, but a docu- termine whether the resolution con- of the Senate, the Vice President, for ment for the House? stitutes a question of privilege. That the Senate? The SPEAKER pro tempore. The doc- determination will be made at the time The SPEAKER pro tempore. The document is used as part of House pro- designated for consideration of the res- ument was printed as a document of ceedings and can be used for archival olution. the House upon order of the House. and printing purposes. f Mr. MCCARTHY. Further parliamen- Mr. MCCARTHY. Further parliamen- PARLIAMENTARY INQUIRIES tary inquiry. tary inquiry. The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- Mr. HOYER. Mr. Speaker, I have a tleman from California will state his tleman from California will his state parliamentary inquiry. parliamentary inquiry. his parliamentary inquiry. The SPEAKER pro tempore. The gen- Mr. MCCARTHY. Mr. Speaker, is it Mr. MCCARTHY. Did the Speaker tleman from Maryland will state his allowed to destroy a document of the have any history in past State of the parliamentary inquiry. Unions where that document provided Mr. HOYER. Mr. Speaker, the major- House? The SPEAKER pro tempore. The to the Speaker has not been enshrined ity leader asserted in his comments Chair will not provide an advisory into the RECORD? that the document in question was the opinion. The Chair is not going to give The SPEAKER pro tempore. Respect- property of the House. advisory opinions. fully, the Chair will not act as a histo- Was, in fact, the document that the rian. Speaker had to read the property of the Mr. MCCARTHY. But to be clear, it is a document of the House, much like Mr. BRADY. Mr. Speaker, parliamen- House? tary inquiry. The SPEAKER pro tempore. The any historical document that has been provided to the floor of this House. The SPEAKER pro tempore. The gen- message is part of the proceedings of tleman from Texas will state his par- the House and can be used by the House The SPEAKER pro tempore. The gentleman is engaged in debate, and the liamentary inquiry. for archival and printing purposes. Mr. BRADY. Mr. Speaker, in 2009, the gentleman is free to engage in debate Mr. HOYER. Mr. Speaker, an addi- majority leader, now Mr. HOYER, led a on the resolution at the appropriate tional question. formal rebuke of South Carolina Rep- time. Mr. Speaker, after the President had resentative JOE WILSON defending ‘‘the Mr. HOYER. Mr. Speaker, the resolu- spoken the State of the Union and de- rules of the House and enforcing the tion is not on the floor, I don’t think. livered that to the Congress of the traditional decorum of the Chamber.’’ Mr. MCCARTHY. Mr. Speaker, no, United States, at the end of that ses- At the time, Mr. HOYER said: ‘‘This sion, I moved that that document be the gentleman is correct. It was her in- House cannot stay silent. What is at enrolled in the House proceedings of tention. issue here is important to the House last evening. The SPEAKER pro tempore. Who and of importance to the country.’’ Am I to understand from the ruling seeks recognition? My parliamentary inquiry is—— that that document was specifically Mr. HOYER. Mr. Speaker, further The SPEAKER pro tempore. Respect- the document that would have been en- parliamentary inquiry. fully, the gentleman is engaged in de- rolled? The SPEAKER pro tempore. The gen- bate. The House may address this dur- The SPEAKER pro tempore. The mo- tleman from Maryland will state his ing 1-minute speeches. tion was adopted. parliamentary inquiry. Mr. BRADY. Is the Speaker of the Mr. HOYER. Yes. Mr. HOYER. Mr. Speaker, I ask for House—— The SPEAKER pro tempore. And the clarification. Obviously, the Parlia- The SPEAKER pro tempore. The gen- document was printed. mentarian—I think we ought to clarify tleman is engaged in debate. Mr. HOYER. That document did not this issue. Mr. BRADY. Mr. Speaker, I asked for exist according to the assertion of the If the document has been torn apart a parliamentary inquiry, and the ques- Republican leader. It was destroyed. as is alleged, and as we know it was, tion is this: Is the Speaker ripping up

VerDate Sep 11 2014 19:04 May 27, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORD20\FEBRUARY\H05FE0.REC H05FE0 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE H838 CONGRESSIONAL RECORD — HOUSE February 5, 2020 the President’s State of the Union named the 1982 National Young Farmer ficer are many, and I want to express speech on national TV considered the and Rancher of the Year, and she was a my sincere gratitude to Ronnie Sprin- proper decorum of the House? consistent member of the Greene Coun- kle for his unwavering commitment to The SPEAKER pro tempore. The ty Farm Bureau Women’s Committee. Botetourt County and all our men and Chair will not give an advisory opinion. Most importantly, she was an overall women in blue. The House may address this matter in inspiring and genuine person who will f the format of 1-minute speeches. always be remembered for her optimistic attitude. Ms. Duvall is going to PASS COMPREHENSIVE GUN f be deeply missed throughout the agri- REFORM b 1815 culture community. (Mr. JOHNSON of Georgia asked and Zellie, Zippy, and the entire Duvall was given permission to address the COMMEMORATING NATIONAL GUN family are in my thoughts and prayers. House for 1 minute and to revise and VIOLENCE SURVIVORS WEEK f extend his remarks.) (Ms. MUCARSEL-POWELL asked and Mr. JOHNSON of Georgia. Madam was given permission to address the DEFEND AMERICAN HEALTHCARE Speaker, today, I rise in recognition of House for 1 minute and to revise and SYSTEM National Gun Violence Survivors extend her remarks.) (Mr. O’HALLERAN asked and was Week. Ms. MUCARSEL-POWELL. Madam given permission to address the House Last month, with the leadership of Speaker, getting back to the business for 1 minute.) my House colleagues and Senator ELIZ- of the people, this week is National Mr. O’HALLERAN. Madam Speaker, ABETH WARREN, I was proud to intro- Gun Violence Survivors Week when we I rise today in defense of the American duce the Gun Violence Prevention and honor and remember the lives that we healthcare system. Community Safety Act, the most com- have lost to gun violence, those whom Last week, the administration pro- prehensive piece of gun reform legisla- we have loved and miss terribly, people posed a new demonstration program tion this Chamber has ever seen. like my father, Guido Mucarsel; Jaime that would allow States to apply for We will mandate universal back- Guttenberg; De’Michael Dukes; Joa- block grants. These would permit ground checks, which will help keep quin Oliver; Tel Orfanos; Jerry Wright; States to slash funding for their Med- guns out of the hands of those who and all of their loved ones who now icaid programs, reduce protections for should not have them. We will crack down on gun trafficking. And we will must live with the pain forever. beneficiaries, and restrict eligibility hold the gun industry accountable for The sad reality is that 58 percent of standards. A recent study by George putting profits over the safety of the Americans or someone they know has Washington University found that these changes would also result in com- American people. experienced gun violence in their life- I promise today to fight so that not time. The number of gun violence sur- munity health centers treating 5 million fewer patients over the next 4 one more American is burdened with vivors increases in each passing day, living as a gun violence survivor be- tragedy after tragedy. The mental and years. This is unacceptable. Federal law al- cause of irresponsible, outdated, and emotional toll on survivors is im- morally bankrupt Federal gun policies. mense, and many people are thrust ready gives Medicaid flexibility to f into financial hardship. change from State to State. These pro- These are experiences that no one posed block grants are nothing more BRI FOLDS GOES PRO chooses to endure. We must not only than cuts to funding for the program. (Mr. SPANO asked and was given per- remember those who have died but also Today, I urge my colleagues to join mission to address the House for 1 those who have survived and do all we me in voting for a resolution con- minute and to revise and extend his re- can to help them in their never-ending demning these proposed changes as marks.) journey toward healing. what they are: attacks on our Mr. SPANO. Madam Speaker, today, To all of those who are remembering healthcare system and those with pre- I rise to honor a talented young lady a loved one this week, we stand with existing conditions. from my district. you. f Bri Folds, a Lakeland Christian and Auburn grad, was drafted in the fourth f HONORING RONNIE SPRINKLE round of the 2020 National Woman’s REMEMBERING BONNIE DUVALL (Mr. CLINE asked and was given per- Soccer League draft by the North Caro- mission to address the House for 1 (Mr. CARTER of Georgia asked and lina Courage. minute and to revise and extend his re- Ms. Folds is the first player from was given permission to address the marks.) House for 1 minute and to revise and Polk County to be drafted by the Na- Mr. CLINE. Madam Speaker, I rise tional Women’s Soccer League. Folds extend his remarks.) today to honor Sheriff Ronnie Sprin- Mr. CARTER of Georgia. Madam was a two-time Lakeland Ledger Play- kle, who began his service as the sher- er of the Year, with 173 goals and 155 Speaker, I rise today to remember the iff of Botetourt County nearly two dec- life of Ms. Bonnie Duvall, who passed assists while at Lakeland Christian. ades ago. When Ronnie was just 6 She finished her college career ranked away on January 18 at the age of 61 months, his father was elected as seventh all-time at Auburn in assists, after a brave battle with cancer. Botetourt County sheriff and held the eighth in goals, and tied for fifth in Ms. Duvall was known to many as position for 30 years, retiring in 1991. game-winning goals with nine. the first lady of American agriculture. Eight years later, the junior Sprinkle I am extraordinarily proud of her She was married to Mr. Zippy Duvall, followed in his dad’s footsteps and was dedication and drive. It is important the president of the American Farm elected to the same post, which he held that our community continues to in- Bureau, and enjoyed accompanying until retirement last month. vest in future generations to produce him to Farm Bureau events across the Save the 8 years between his father’s stars and leaders like Ms. Folds. Play- country. She was also the loving moth- retirement and Ronnie’s election, 2020 ers like her will influence young girls er of one of my former staff members, will mark the first time since the heart for years to come. Zellie, who was with me on my first of the Vietnam war that a Sprinkle has I encourage all of District 15 to join day here at the Capitol. not led the Botetourt Sheriff’s Office. me in cheering on Bri Folds when the Throughout her life, her dedication I want to thank Sheriff Ronnie for 2020 NWSL season begins in March. to the farming community made a last- his years of service to our community f ing impact on agriculture in southeast and congratulate him on all he has ac- Georgia, and there is no doubt that she complished during his tenure. His tire- REPEAL PREFUND MANDATE ON is leaving it in a better place than she less work to secure funding for a new USPS found it. public safety building and jail will not (Ms. TORRES SMALL of New Mexico On her own farm, she used her busi- be forgotten. asked and was given permission to ad- ness expertise gained at the University The risks and responsibilities that dress the House for 1 minute and to re- of Georgia to keep the books. She was come with being a law enforcement of- vise and extend her remarks.)

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.112 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H839 Ms. TORRES SMALL of New Mexico. bright light for democracy and the rule Had Mary been able to seek an ex- Mr. Speaker, I rise in support of H.R. of law. This afternoon, I sat in the Sen- treme risk protection order, Ben might 2382, the USPS Fairness Act, which ate Chamber and watched the Senate still be alive today. passed today with large bipartisan and one by one announce the words guilty Mary is now a Moms Demand Action union support. I was proud to lead this or not guilty: Article I, guilty 48, not leader and has turned her tragedy into bill with my friends and colleagues, guilty 52; Article II, guilty 47, not a triumphant story of fighting to pre- Chairman PETER DEFAZIO and Rep- guilty 53. vent other families from suffering this resentatives BRIAN FITZPATRICK and I believe the presentation of the Ju- tremendous and preventable loss. TOM REED. diciary, Oversight, Intelligence, and The House has passed commonsense The USPS Fairness Act will repeal Foreign Affairs Committees was bril- gun violence legislation, and we will the mandate for the United States liantly presented. pass red flag legislation, too. Now, we Postal Service to prefund future retiree I wondered whether there would be need the Senate to act, for Mary and health benefits. No other government one moment for a profile in courage, Ben, and for so many others. agency or private business is plagued one understanding that the norm of f with a mandate like this. Since 2006, this Nation cannot tolerate what the the prefunding mandate has wreaked Framers were most frightened about, b 1830 havoc on USPS’s finances, costing the which was the constitutional crime of SUPPORT OF U.S. POSTAL agency $5.4 billion each year. abuse of power or having a sovereign SERVICE FAIRNESS ACT I represent one of the most rural dis- nation interfere with our elections. (Ms. KAPTUR asked and was given tricts in the Nation, and in southern Yet, there was one in Article I that permission to address the House for 1 New Mexico, post offices and postal made it bipartisan in the guilt, but no minute.) workers are an integral part of our one in Article II. Ms. KAPTUR. Madam Speaker, I rise communities, connecting businesses to Simply stated, now what is the an- in strong support of H.R. 2382, or the customers, pharmacies to patients, and swer? That this Nation no longer loves U.S. Postal Service Fairness Act up for families to friends spread across our its democracy; does not stand by the a vote today. vast country. rule of law; and, therefore, the person Congress created this prefunding cri- who remains in office is a king? Madam Speaker, 13 years ago, the sis, so I am pleased the House of Rep- I believe, Madam Speaker, that we Postal Service was saddled by this resentatives took the first step to solve must raise the Constitution and fight body when we required it—not with my it. I ask that the Senate take the next for justice. support—to prefund its retirement ben- step with us. efits. Unfortunately, this prevented the f Postal Service from addressing critical f DECORUM AND MAINTAINING equipment modernization needs. HONORING CHIEF DANIEL SPIEGEL CIVILITY IN THE HOUSE Thankfully, this legislation allows us (Mr. VAN DREW asked and was given (Mr. PALMER asked and was given to correct this misguided requirement. permission to address the House for 1 permission to address the House for 1 The post office is a constitutionally minute and to revise and extend his re- minute and to revise and extend his re- mandated institution. A sense of com- marks.) marks.) munity is sustained every time the Mr. VAN DREW. Mr. Speaker, I Mr. PALMER. Madam Speaker, I rise mailwoman or mailman delivers a let- would like to honor Chief Daniel Spie- to note, in regard to the assertion of ter, increasing connectivity in rural gel on his retirement from the Wild- the majority leader that the act of de- and urban districts alike. The Postal wood Fire Department. stroying the House copy of President Service delivers close to 190 million Daniel spent 28 faithful years with Trump’s State of the Union speech was pieces of mail every single day and is a the fire department, where he had speech protected under the First testament to American ingenuity. In- served as chief since 2016. Daniel has Amendment, I rise to assert that not deed, postal workers are the best am- the distinct honor of holding every all speech protected under the First bassadors, receiving an overwhelm- rank in the fire department. Daniel’s Amendment is allowable under the ingly high public approval rating of 74 father also served as fire chief in Wild- rules of the House. percent. wood, the second-ever father-son chief Moreover, the act of destroying the While we work to ensure the post of- in the department’s history. House’s copy of the State of the Union fice’s financial health, we must also Daniel served in the New Jersey Task Address diminishes the decorum that is continue to increase innovation, such Force 1 Urban Research and Rescue critical to maintaining the civility as through modernizing postal services. and responded to the September 11 ter- that is expected of every Member, in- For example, creative initiatives could rorist attacks, searching for survivors. cluding and especially the Speaker. increase access to basic functions in He was the team leader for the Cape f post offices and underserved commu- May County Regional Urban Search nities. TAKE ACTION FOR GUN VIOLENCE and Rescue Team, which serves all of I thank my friend, Representative SURVIVORS Cape May County. PETER DEFAZIO, for his true leadership Danny was always focused on train- (Mr. LEVIN of Michigan asked and on this bill, and urge all my colleagues ing. He trained thousands of fire- was given permission to address the to support its passage, and thank those fighters in our entire region. House for 1 minute and to revise and who did. He is planning to spend more time extend his remarks.) f with his wife, daughter, and two step- Mr. LEVIN of Michigan. Madam PROTECTING THE RIGHT TO sons in retirement. Speaker, during National Gun Violence ORGANIZE ACT I thank Daniel for his service; his Survivors Week, I rise to recognize my community thanks him for his service; State of the Union guest, Mary Miller- The SPEAKER pro tempore (Ms. and his country thanks him for his Strobel, from my hometown of Berk- TORRES SMALL of New Mexico). Under service. ley, Michigan. the Speaker’s announced policy of Jan- Daniel, may God bless you. You are After her brother, Ben, was honor- uary 3, 2019, the gentleman from Michi- truly one of our heroes. ably discharged from the military, gan (Mr. LEVIN) is recognized for 60 f Mary grew concerned that Ben was at minutes as the designee of the major- risk of self-harm. Mary and her father ity leader. FIGHT FOR JUSTICE drove to every gun store in their small Mr. LEVIN of Michigan. Madam (Ms. JACKSON LEE asked and was town, begging them not to sell Ben a Speaker, I rise today to speak about given permission to address the House gun. But they had no legal recourse to the Protecting the Right to Organize for 1 minute.) block a store from selling Ben the gun Act, a crucial piece of legislation that Ms. JACKSON LEE. Madam Speaker, that would end his life. Ben died by sui- we will take up tomorrow on the floor our emerging Nation sought to be a cide soon thereafter. of this House. It is so important that

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.114 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H840 CONGRESSIONAL RECORD — HOUSE February 5, 2020 we take up this bill because the Amer- Madam Speaker, I rise today to cele- the staff of this committee have done ican economy is not working for most brate the role that organized labor has such an incredible job at looking at the American families. played in improving the lives of count- complexity of the workplace in 2020 While corporations and the wealthy less working men and women across and including the many ways in which continue to capture the rewards of a this country. we need to make changes to help work- growing economy, working families Labor unions have been the driving ers. and middle class Americans are being force for all positive change for work- I want to highlight several things: left behind. From 1980 to 2017, average ers in modern history. As a former The first is the problem of multiple incomes for the bottom 90 percent of union member myself, I can attest to employers and protecting employees of households increased just 1.1 percent, the power that workers wield when multiple employers. while average incomes for the wealthi- they exercise their right to organize. The PRO Act will make it so that est 1 percent increased by 184 percent. And I have seen the incredible work two or more persons are employers This inequality is not a natural prod- that unions in Minnesota have accom- under the National Labor Relations uct of a functioning economy. It is not plished when they came together to Act, if each codetermines or shares all due to globalization or technology fight for working rights. control over the employees’ essential change. It is the result of policy On average, a worker covered by a terms and conditions of employment. choices that have stripped workers of union contract, earns over 13 percent It basically codifies the joint employer the power to join together and nego- more in wages than someone with simi- standard in the NLRB’s Browning-Fer- tiate for decent wages, benefits, and lar education, occupation, and experi- ris decision of 2015. And this is ex- working conditions. ence in nonunionized workplaces. And tremely important because in a lot of The Protecting the Right to Organize unions are about so much more than industries, employers have tried to Act restores fairness to the economy wages. They create solidarity between evade their responsibility to workers by strengthening the Federal laws that workers across gender, race, ethnicity, under the National Labor Relations protect workers’ rights to form a and religion. That is why we need the Act through various schemes of cor- union. PRO Act, and why we must pass it this porate organization so that the com- You know, our basic labor law, the week, and pressure the Senate to do pany that really is in charge, that real- National Labor Relations Act was the same. ly determines what uniform they wear, passed 85 years ago in 1935. It was a It will address the challenges and at- what route they drive, what kind of core part of the New Deal. A lot of tacks that labor unions have been fac- products they serve, everything about credit is due to the man for whom it is ing for decades that have led to the their job, is not considered an em- named, Senator Wagner of New York. erosion of wages, a spike in workplace ployer under the act. Also, in addition to FDR, our Presi- discrimination and a dangerous growth The PRO Act will fix that, and it is dent, our amazing Secretary of Labor, in inequality in our society at every very important to help millions of Frances Perkins deserves of a huge turn. workers get their rights under the The PRO Act puts power back in the amount of credit. NLRA. hands of workers where it belongs. I do And after the Wagner Act was passed, Another huge problem of excluding not want to envision what workplaces or the National Labor Relations Act in workers from accessing their rights is would look like for my children and 1935, within just 12 years, one-third of misclassification of workers as inde- their grandchildren one day if we do American workers were members of pendent contractors. not pass the PRO Act. It is a crucial unions. And that figure, about a third The PRO Act will fix this problem by step to strengthening labor rights so of all workers being in unions, per- using a simple three-part test to deter- that we can help shepherd through a sisted for some time. But then employ- mine whether someone is an employee new generation of victories for working ers went on the attack to try to under- or an independent contractor. And this unions and members. mine that law. Madam Speaker, I am delighted for will help, again, another set of millions In 1947, over President Truman’s our chairman and vice chairman on the of workers gain access to their rights veto, the Taft Hartley amendments Committee on Education and Labor for and clarify that they are covered as were passed, and they gutted a lot of their work in championing labor rights workers, as employees under the Na- what workers wanted in 1935. And then on behalf of American workers. tional Labor Relations Act. So they in 1959, the Landrum-Griffin amend- Mr. LEVIN of Michigan. Madam can form a union, bargain collectively, ments were passed in the Eisenhower Speaker, I thank Representative OMAR get a contract, and get justice. era, and they further eroded workers’ for being such a champion of workers Another major area of the law in- rights. in Minnesota and throughout this volves protecting workers in their So that while a third of workers were great Nation and, indeed, throughout right to engage in protected activities. union members in the late 1940s and our world. So let’s talk about workers going on early 1950s, by the time that I started Madam Speaker, I will take a few strike. organizing workers in 1983, about 161⁄2 moments to talk about the breadth of The PRO Act will prohibit employers percent of private sector workers were this bill. from permanently replacing workers in unions. And today, in 2020, just 6.2 What has happened to workers in this who go on strike. This is hugely impor- percent of workers in the private sec- country over the last several decades is tant, because permanent replacement tor in our country have the voice and the result of many administrative ac- of strikers has been a tactic used over power of a union. And this has deci- tions by various administrations, regu- the last, really, 40 years to deter work- mated the American middle class. And latory actions that administrations ers from engaging in strikes at all and it has made the American Dream re- have taken that stripped workers of taking away this very core right of cede from view for so many American their rights, judicial decisions from the withholding your labor as a way to try workers. lower courts all the way up to the Su- to get better working conditions. So we are going to spend some time preme Court, and laws passed by the I remember what happened in, for ex- tonight talking about the PRO Act, Congress and the States, to the point ample, the meat packing industry, and I want to invite my esteemed col- where millions and millions of workers which used to be a largely unionized in- league from the great State of Min- aren’t even covered by the National dustry. And the workers’ organizations nesota, Representative OMAR, to join Labor Relations Act, can’t even exer- were largely destroyed by preventing me in saying a few words about the cise their rights under the National workers from engaging in strikes, to PRO Act. Labor Relations Act, and the rights the point where their wages and bene- Madam Speaker, I yield the gentle- that they have are so badly eroded fits were cut massively and many of woman from Minnesota such time as that, functionally, workers don’t have their facilities were moved, and they she may consume. the freedom to form unions in this couldn’t do anything about it. Ms. OMAR. Madam Speaker, I thank country. Another thing that the PRO Act will the gentleman from Michigan (Mr. And Representative OMAR referenced do is prohibit offensive lockouts. Under LEVIN) for yielding. Chairman SCOTT. Chairman SCOTT and current law, employers may offensively

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.117 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H841 lock out employees in the absence of a fired for not going to the employer’s Madam Speaker, I thank Representa- threatened strike with the goal of the propaganda offensive against forming a tive BOBBY SCOTT for his leadership on employer being to curtail the workers’ union. It is something, without par- this bill to honor and affirm a union’s ability to strike by removing workers allel, in American law and in our econ- right to their collective voice. I also control over the timing and duration of omy only to prohibit or try to prevent thank my colleague, my brother from a work stoppage. workers from forming a union. Michigan, for organizing this effort. Current law also permits employers So the PRO Act will change this at Madam Speaker, I look forward to to hire temporary replacements during long last and say that people have supporting this bill, and I urge my col- an offensive lockout. So if the em- their First Amendment rights, we are leagues to do the same. ployer thinks there might be a labor all grownups here, and your employer Mr. LEVIN of Michigan. Madam dispute, even if the workers hadn’t cannot make you go to an antiunion Speaker, I thank Representative planned to go on strike, they lock the captive audience meeting on pain of PRESSLEY for being such a great cham- workers out and temporarily replace termination. pion for workers in Massachusetts and them, stripping them of their ability to I am sorry it took until 2020 for us to in our whole country. make their own strategy about how get to this point, but at long last we Madam Speaker, I now yield to the they want to enforce their right under are saying captive audience meetings gentlewoman from Illinois (Ms. SCHA- the act. have no place in workers’ decisions KOWSKY). Ms. SCHAKOWSKY. Madam Speaker, The PRO Act prohibits any lockouts about forming unions. I want to definitely thank my col- prior to strike but it maintains em- There are a lot of other really impor- league from Michigan and also my col- ployers’ rights to respond to strikes tant provisions I want to get to, but at league from Massachusetts for being with defensive lockouts, which is ap- this time I want to invite my esteemed colleague from the great State of Mas- here to support workers. propriate. I believe that it is the labor move- Another key change that the PRO sachusetts, Representative AYANNA PRESSLEY, to join in this discussion of ment that brought us the middle class. Act would put into law after all these The height was really after World War years from the Taft-Hartley amend- why it is so important that we pass the Protecting the Right to Organize Act. II, where we saw that wages were going ments is removing limitations on sec- Madam Speaker, I yield to the gen- up for everyone—the wealthiest, the ondary strikes. The idea here is that tlewoman from Massachusetts (Ms. middle class, poor people could get jobs the Congress in 1947 said that workers PRESSLEY). that would get them out of poverty— of one company can’t engage in collec- Ms. PRESSLEY. Madam Speaker, and the labor movement, the right of tive activity in solidarity with workers today I rise in solidarity with my workers to organize, made the dif- in another company. union brothers and sisters in support of ference, to fight together, work to- Workers might picket or strike or the Protecting the Right to Organize gether for better wages and working support a boycott in solidarity with Act. conditions. other workers to improve the other Over the last few decades, we have So, today, I rise in enthusiastic sup- workers on their own, perhaps, wages seen the right to unionize, to ban to- port before the House of Representa- and working conditions. gether, and to fight for the collective tives for H.R. 2474, the Protect the b 1845 rights and dignities of working people Right to Organize Act, for a vote that come under attack. is going to take place tomorrow in the Being allowed to protest however you Throughout our Nation’s history, House of Representatives. want in America about what some these rights and protections have led The right to form a union, which has other company might be doing is a fun- to better wages and benefits, safer been eroded over the last several dec- damental First Amendment right. working conditions, and protections ades, and the right to take collective This has been something that has from workplace harassment and dis- action in the workplace and the right bothered me for decades. It is fun- crimination. to exercise one’s First Amendment damentally unfair in this country, and The hard-won battles of our Nation’s rights in the form of secondary boy- the PRO Act would fix this by allowing unions have helped push back against cotts are fundamental, and it is past workers to have their full freedoms to the vast economic inequities that too time that we as Americans promote engage in secondary activity. often are fueled by the greed of big cor- their values. A crucial thing that the PRO Act porations and special interests. For too long, employers have been would do to help workers vindicate I have witnessed many of these vic- able to violate the National Labor Re- their rights under the National Labor tories firsthand, from my early days on lations Act with impunity, routinely Relations Act is prohibiting captive the picket lines with my mother, denying workers their basic right to audience meetings. Sandy—may she rest in power—who join with coworkers for fairness on the So it is hard for people who haven’t taught me early on that our destinies job. As a result, the collective strength been through a union organizing cam- are tied, that workers’ rights are of workers to negotiate for better pay paign to really understand how absurd human rights, and that economic jus- and for better benefits has eroded, and it is to claim that a union election is tice is workers’ justice. income inequality in the United States sort of just like a political election, This is still true today, and the fight of America has reached levels that pre- where you go down to the local school continues, from the Stop & Shop work- date the Great Depression. or church or wherever you vote, and ers, who walked out and fought back What is worse is that this is a rather you get in line and they check whether for better healthcare for workers and predictable outcome. It is not sur- you are on the voting rolls, and you their families, to the Battery Wharf prising if workers don’t have the right cast your ballot in a little booth. You Hotel workers, who braved the ele- to organize that their wages are not wouldn’t dream of putting your job at ments for 79 days fighting for livable going to go up. risk or that anybody could do some- wages and protections for immigrant But I want to share a story. It is a thing to you for how you vote in Amer- workers, pregnant workers, and work- story of a woman named Yiran Zhang. ica; it is a core thing. ers of color. She is a graduate worker at Loyola That is not how it works in a union We cannot and must not take this College in my district, in Chicago, Loy- election. And one of the things that power for granted. ola Chicago. employers have been allowed to do is But for too many workers, ‘‘right-to- Yiran Zhang’s parents raised their they can force you to attend a meeting, work laws’’ and other calculated ef- child to be a believer that education the sole purpose of which is to pressure forts in States across the country have was the path to a better life. They you not to vote for a union. They can attempted to diminish the power of moved to the United States from China do that every time you go to work. workers. This ends this week as the when she was almost 2 years old. So They can do it for your whole shift. House considers the PRO Act, legisla- she has grown up here. Her parents If you say, ‘‘I have been to five of tion that will protect critical rights to moved to the United States to earn your presentations about the union; I unionize and protect the rights of their Ph.D.’s and work as graduate don’t want to go anymore,’’ you can be workers. workers.

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.118 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H842 CONGRESSIONAL RECORD — HOUSE February 5, 2020 Years later, Yiran decided to follow minds me of another situation of grad- union, they have to commence bar- in her parents’ footsteps by pursuing a uate employees that many of us, our gaining in 10 days. Ph.D. The philosophy major quickly colleagues, are working on right now. If, within 90 days, they haven’t learned that a lot has changed in the Graduate employees of Harvard, in achieved a first contract, either party world since her parents were graduate all kinds of labs, in the social sciences can request mediation. After 30 days of workers like she is now. and in the arts, all the different depart- mediation, if there isn’t a first con- We’re struggling to make a living. The ex- ments, formed a union and were recog- tract, the case will be referred to arbi- pectations are the same, but the conditions nized something like 18 months ago by tration; and the arbitration panel must in higher education are so different. the Harvard administration, but they be established within 14 days. And The expectations of the job, she have never achieved a first contract. there are sensible procedures about a means, are the same. I think something like over 20 col- three-person arbitration panel, fairly She says: leagues joined me in sending a letter to picked, with each side picking one and As a graduate worker, I’ve had to miss pay- the president of Harvard University, 20- then agreeing on the third. ing bills, to skip doctor’s appointments, and some of us who are graduates. I am a Bottom line here: In 144 days, 71⁄2 even work two or three additional jobs to graduate of Harvard Law School, and weeks from when the election is de- cover living expenses. I’m fighting for a other people are graduates from the cided and the union is certified, there union because I know it is only by standing law school, undergraduates from Har- will be arbitration. There is no together with my colleagues that we can vard University, the Kennedy School, timeline for a decision, but that is rea- change any of this. doctors, whatever. sonable because the arbitrators do this So Yiran and other Loyola graduate We all sent a letter to President as a profession; they know how to do it; workers came together to form a union Bacow saying we are happy that you and I think we can count on them to be to make improvements in the school’s recognized the union, but unless work- timely. And the decision of the arbitra- administration. They found that the ers get a first contract, what have they tors is binding for 2 years. administration actually dismissed really achieved? And we hope that both So bottom line, if the company them and used the legal system to sides will come together and achieve a doesn’t want to negotiate, if the work- fight their efforts. first contract. We continue to watch ers are having a hard time getting the Yiran sees unions as the only way for that situation. company to the table, they can go to graduate workers to be heard. I actu- So graduate employees, like others, mediation and arbitration, and in 71⁄2 ally stood with them at a demonstra- need the freedom and the ability to weeks, they can have an arbitration tion, and she said: form unions. panel hearing their case. It’s a com- I’ve seen that the only way that we’ve been I want to hit on a few other areas plete sea change from today, and very able to get our administration to listen is by that the PRO Act deals with, and my important. doing sit-ins and walkouts and taking action theme tonight really is what a com- Another right that workers have together. Teachers across the country and been denied is the right to collective people who work at things like Stop & Shop prehensive jobs bill does in trying to have had the same experience. fix problems that prevent workers from action in the courtroom, to sue their exercising their rights. employer, to go to court to vindicate In addition to having a seat at the their rights. b 1900 table, Loyola graduate workers are The NLRA protects workers’ rights fighting for a higher stipend and the Here is another one. The PRO Act to engage in concerted activities for establishment of summer funding, will eliminate employers’ ability to the purpose of mutual aid and protec- which will give them the ability to do unilaterally withdraw recognition from tion. It is that broad. important research and writing over a union. Now, this is problem created But, on May 21, 2018, the Supreme the summer instead of having to take more recently. Court held in Epic Systems Corpora- on multiple part-time jobs just to On July 3, 2019, the Trump NLRB tion v. Lewis that, despite this explicit make ends meet. They also want more issued a decision in Johnson Controls, protection, employers may force work- professional support, including clear Incorporated that would allow an em- ers into signing arbitration agreements grievance procedures and account- ployer to announce that it will with- that waive the right to pursue work ability. draw recognition of a union within a litigation jointly, collectively, or in a So, for young women like Yiran, the 90-day timeframe before the expiration class action, despite the specific lan- ability to join and unionize would of a collective bargaining agreement, guage of the NLRA. mean that she would be able to truly based on its own idea that the union So, the PRO Act would overturn that build on the foundations started by her has lost majority support. This is just decision by explicitly stating that em- parents. She says: such a good example of what has hap- ployers may not require employees to I am fighting for a living wage, respect for pened over and over with workers’ waive their rights to collective action my labor, and a better life. I shouldn’t have rights being chipped away at. in the courtroom, including class ac- to seek outside work up to 30 hours a week And so the PRO Act would overturn tion litigation. on top of my graduate worker hours just to this decision and prohibit employers make ends meet at the cost of finishing my I started organizing unions in 1983, program on time or being the best scholar from unilaterally withdrawing recogni- and I remember learning about the Ex- and educator that I can be. Academia tion of a union, unless there is an elec- celsior list; the list that employers shouldn’t be just for the privileged. Negoti- tion to decertify the union; just like have to provide unions so that they can ating a fair contract with graduate workers the workers would have gone through know who the workers are and help is the first step toward addressing these an election to create the union in the them organize the union. You can only harmful systemic issues. first place. get this list after you have a showing I am going to quit. I have taken more Speaking of first contracts, almost of interest required under the act, so than my time, I think. But I wanted to half the time when workers organize in there is a whole process for this. give you a true-life example of a this country, they don’t have a first But the lists we got were often gar- woman who is trying to do her best in contract within a year or two. And if bage. They were wrong. They would her job as a student worker, as a grad- you don’t have a contract by then, you only have a person’s first name or last uate worker, and because she can’t or- are not likely ever to get one. If you name. They didn’t have the informa- ganize, she can’t get the benefits and can’t bargain collectively, what have tion required. the wages that she deserves. This is you really accomplished by winning a So the National Labor Relations typical of what is going on in our coun- union election? Board decided in 2014 that there has to try and is creating the income inequal- So it is really crucial that we have be certain information in a list, and it ity that we see right now. first contracts. The PRO Act fixes this has to be searchable in electronic for- Mr. LEVIN of Michigan. Madam problem. It basically sets up a system mat; very common sense. Employee’s Speaker, I thank Representative SCHA- of mediation and arbitration to ensure full name, their home address, work lo- KOWSKY for her words. I am so glad she workers get a contract. It goes like cation, shift, job classification and, if shared that story from Loyola. It re- this: Upon a written request from the the employer has it, their land line and

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.120 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H843 mobile telephone numbers and email So the PRO Act says no more. We are serious economic harm in violation of addresses. not having outside entities interfering the act, now the NLRB will award back What is the context here? with employees’ decisions about wheth- pay, without any reduction, front pay, I can tell you from personal experi- er to join a union or not join a union. consequential damages, and an addi- ence, when we talk about workers hav- It is just up to the workers. tional amount as liquidated damages ing the right to organize, they don’t This would harmonize the NLRB’s equal to two times the amount of dam- actually have the right to have access procedures with those of the National ages awarded, which is, essentially, the to union organizers in their workplace. Mediation Board under the Railway normal kind of punitive damages When I was organizing for SEIU, and Labor Act, which governs labor rela- awarded in this kind of case, to in the 11 years I served as the assistant tions for railways and airlines and in incentivize the employers not to vio- director of organizing at the national this area it works much better. late the law. AFL–CIO, if we were helping workers Another question is: What do you do Also, the workers cannot have their at a facility organize and we walked on if an employer is found to have system- relief denied if they are an undocu- to that property, the employer would atically interfered with the workers’ mented worker. arrest us for trespassing. right to form a union? So let me just mention one other Workers in the United States have no What has happened regularly is the area where this law will help workers right to actually have access to unions employer does anything to destroy a so much; just to vindicate their basic in their workplace; so their only way majority who may have signed cards right of association and speech in the to talk to representatives of the union seeking union representation, which workplace, to come together and form is on the phone, or email, or at their leads to the election, and to get the a union and bargain collectively. It re- homes. So the PRO Act makes clear workers to vote ‘‘no’’ even if a major- fers to the same situation I just men- that those lists have to be adequate, ity of them signed union cards. tioned. A showing of interest to obtain an it’s another thing that may seem If they fire you for trying to form a election for workers doesn’t require a small; but if we fix it, we are going to union, what happens? majority. It requires, I think, 30 per- help a lot more workers exercise their Their principal motive really isn’t rights. cent. But what the PRO Act says is, if a about you as an individual. It is about Another thing that happens very majority of people said they wanted to the group. They are trying to scare you often is that employers gerrymander have a union, an absolute majority, out of forming a union. the bargaining unit that the National they signed authorization cards, and b 1915 Labor Relations Board finds in which then the employer set about and de- to hold an election. They will fire the ringleaders. They stroyed the majority through means So the PRO Act codifies the National will fire one, five, however many peo- that the National Labor Relations Labor Relations Board’s 2011 decision ple they think are necessary to basi- Board determined were illegal, the in Specialty Healthcare, and prevents cally have the workers fear moving for- NLRB has a remedy that it shall issue employers from doing this gerry- ward to vindicate their rights. an order requiring the employer to bar- mandering; prevents them from includ- Often in these cases, the courts ulti- gain, taking away the incentive and ing individuals in the voting unit who mately may determine 6 months, 1 the ability of employers to destroy have no interest in joining the union, year, 5 years later that you were fired workers’ majorities through illegal ac- but they are simply put there to try to for union activity, but the union drive tivities. was killed long ago. It is immediate. It pad the ‘‘no’’ vote to prevent the work- Another area that has been so lack- was killed within a day or weeks. ers from succeeding in forming a union. ing in our labor laws has to do with So the PRO Act requires the NLRB Another thing about union elections penalties. And again, if you are a civil to seek temporary injunctive relief that are different from any normal rights lawyer or activist concerned whenever there is reasonable cause to election in a democracy is the workers with women’s rights, or the rights of usually vote in their workplace after religious minorities, or the rights of believe that an employer unlawfully an intense campaign from their em- racial minorities, you wouldn’t believe terminated an employee or signifi- ployer to try to stop them from form- this: In all other areas of civil rights cantly interfered with employees’ ing a union. laws, laws protecting rights of Ameri- rights under the NLRA. And the dis- So the PRO Act enables the board to cans, there are various forms of pen- trict court is directed to grant tem- hold union representation elections alties to try to disincentivize violating porary relief for the duration of the electronically, through certified mail, American’s rights; pain and suffering, NLRB proceedings. or off-site, at a neutral location, to en- treble damages, different—it depends Essentially, they are saying: I am fir- sure that the employees can cast their on the statute and the area. ing you because you did something ballots in a neutral, non-coercive envi- Here is the way it works under the wrong on the job. That can be deter- ronment. National Labor Relations Act. If I am mined after the election, but we are It may seem incredibly basic in any fired for trying to form a union, and not going to let employers fire workers election, but I am telling you, for the the employer does it totally on pur- to scare their coworkers out of exer- last 50 years, all union elections have pose, just to destroy, scare everybody cising their rights. taken place under physical conditions else, they succeed in killing the union Madam Speaker, these are just a few of pressure and coercion in an employ- drive, that was their goal; and there is of the ways that the PRO Act will help er’s workplace, almost all of them. litigation, the union backs me up. If, 3 American workers at long last exercise A related matter that, again, seems years later, a judge finds they abso- their freedom to form unions and bar- shocking to many; if you took a civics lutely fired you for union activity, gain collectively. I am telling you, we class or any class about government or they violated your rights, you are have passed so much legislation that American history and you learned how right, you get your remedy. The rem- would help American workers and their elections are supposed to take place, edy is this: Single back pay minus any- families, the Raise the Wage Act, pro- this is a unique aspect. thing you made in the meantime. It is tection for people with preexisting con- In a union election, where it is just shocking. ditions, lowering prescription drug supposed to be workers deciding wheth- Working people aren’t going to stop costs, but there is no bill that comes er or not they want to form a union, working in the hopes that someday close to this one and the impact it under our system, the employer has they will be found to have had their could have on American families and been a party to the election. The work- rights violated. They have to feed their workers. ers file a petition. The employer is family. So employers basically have MIT did a study, and it found that deemed a party, and then they get to gotten away with violating people’s just under half of nonunion workers engage in litigation, delay, in order to rights, and the penalty has been, often, say they would like to form a union if advance their interest, which always is virtually nothing. they just had the freedom to do it. Gal- to stop their workers from forming a So under the PRO Act, if an em- lup every year studies people’s atti- union. ployee has been discharged or suffered tudes toward unions. They have been

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.121 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H844 CONGRESSIONAL RECORD — HOUSE February 5, 2020 doing this the same way for decades. finding in the Senate, the President one opportunity to impeach a reckless, They found the highest approval rating knows now that the House has the ruthless, lawless President. The House of unions in decades, yet just 6 percent courage to do its job. The House will can impeach each and every time the of private-sector workers have unions. put the guardrails up. The President President commits an impeachable act. If workers were free to form unions knows that he cannot escape the House And if the President has committed an in this country, and not half of all non- because this is where the bar of justice impeachable act, the House can im- union workers but just a fraction of lies in terms of presenting Articles of peach. them so we got back up to say a third Impeachment such that they can go to There will be those who will say that of workers being in unions in this the Senate. we are now calling for impeachment country again, our economy would be The President has to know now that again. This is not true. I will make it completely transformed because when the House is the sword of Damocles. perspicuously clear: Not the case. Not workers form unions it is not just they For those who may not know, Damo- calling for impeachment at this time, themselves who benefit. Other employ- cles was a courtier. He was a person but indicating that the rules, pursuant ers raise their wages to compete to at- who would flatter the king, let the to the Constitution, allow for impeach- tract workers or to try to get their king believe and tell the king that he ment at any time the President com- workers not to form a union. That is was great and that all of his subjects mits acts that are impeachable. fine. It benefits all workers in this loved him. The king, on one occasion, Madam Speaker, I must say if the country. It benefits their children and decided to allow Damocles to occupy President does commit another im- their communities. the throne. But in so doing, he wanted peachable act, I believe that this House It is just an honor to be here to talk Damocles to understand that occu- will uphold its responsibility, its duty, about the PRO Act. I am really proud pying the throne carries with it more and its obligation, as it has done. of being one of Chairman SCOTT’s lieu- than the accolades and all of the kind tenants in this effort. Tomorrow, we I am proud to be associated with the words that were being said. House and what it has done because I are going to pass this legislation and So he had a sword hung above Damo- give a leg up to all the working people am proud to say we have upheld the cles by a single hair from a horse’s tail. Constitution. This is what we were rein this country who just want to get As Damocles sat there, he understood their little piece of the American quired to do, to uphold the Constitu- that, at any moment, the sword might tion of the United States of America Dream. fall upon him and do him great harm. Madam Speaker, I yield back the bal- and not allow a President to simply do To some extent, he was proud and as he would without any restrictions ance of my time. pleased to occupy the throne, but the f on him. I understand that the Presi- reality was he realized that it was not dent has decided that, as the executive, STILL I RISE the easy occupation that he thought it he can dictate the rules for a trial, the The SPEAKER pro tempore. Under to be. So he begged the king to release rules for impeachment, but the House the Speaker’s announced policy of Jan- him and allow him to remove himself did not allow him to do so, such that it uary 3, 2019, the Chair recognizes the from under the sword that was hanging would retreat from its responsibility. gentleman from Texas (Mr. GREEN) for over him. The House has said: Mr. President, The House is the sword of Damocles. 30 minutes. there are guardrails, and these guard- We hang there above the President so Mr. GREEN of Texas. Madam Speak- rails we will not allow you to simply that he will know that if he commits er, and still I rise, with the love of my ignore. The guardrails are such that impeachable acts that the House will country at heart, and I rise today on you will have to conform to the Con- this day when the Senate has con- act. Now, I understand that there will be stitution. cluded its trial of the President. I believe that what the Senate has I rise to say that this House can be those who will say that the Senate acted and found the President not done has not benefited the country, but very proud of the job that it has done I also know that what the House has because, notwithstanding all that has guilty. Yes, ‘‘not guilty,’’ not ‘‘innocent.’’ The Senate did not proclaim the done was send a message that the been said, this House had the courage President is not beyond reproach, that to do what the Constitution required President innocent. They simply said the House of Representatives still pursuant to Article II, Section 4, in he is not guilty—a lot of difference be- stands here as a sentinel on duty to as- terms of the standard for finding a tween not guilty and innocent. sure this country that if the President President guilty. To be innocent means you have been steps out of line and does something The House did what it was supposed found to have done absolutely nothing that is impeachable, the House will in- to do. The House impeached this Presi- wrong, you are totally without blame, deed act upon what the President may dent, charged this President with two and you are a person who can claim have done. Articles of Impeachment. One was the that you have done absolutely nothing obstruction of Congress. I like to think wrong without any blame at all. Well, I believe in the separation of powers. of it as an obstruction of a congres- ‘‘not guilty’’ simply means that the I believe that the executive branch has sional investigation. The other was evidence presented, as they reviewed it, certain powers. I believe that the judi- abuse of power. they did not conclude that the Presi- cial branch has certain powers and that The Senate did not find the President dent could be found guilty. So he was the legislative branch has certain pow- guilty of either of the Articles of Im- found not guilty, but he was not pro- ers. But I know that only the House peachment, but the House still did its claimed innocent by the Senate. has the power to impeach. job because the House has the duty, the And the Senate cannot proclaim that And I know that the President can- responsibility, and the obligation to a President who has been found not not withhold witnesses, cannot with- move forward, notwithstanding what guilty cannot be impeached again. The hold evidence from the House such that may be the case in the Senate. The Senate deals with the question of a it cannot move forward with the proper House doesn’t act based on what the trial, and there is some question as to investigation. I know that he cannot Senate is perceived to do or not do. The whether or not this was an appropriate do this with impunity. He can’t do it House must act based upon the evi- trial pursuant to the Constitution. But with immunity of some sort. He is not dence that is before it. the Senate deals with the trial. It is immune, and the House has dem- And the House did act. And the House the House that deals with impeach- onstrated this, that he is not immune. did impeach. And as a result, regard- ment. Notwithstanding his behavior, the less as to the finding of the Senate, the As such, the House found that the House can still move forward with its President is impeached forever. And it President should have been impeached, duty and responsibility as it did and will be forever written in history that did impeach, but also, the law under impeach. this President was impeached for high the Constitution allows the House to It is also now clear that the House crimes and misdemeanors. impeach again if the President is found does not have to find out a crime has Why is this so important? It is im- to have engaged in impeachable of- been committed, in the sense of a stat- portant because notwithstanding the fenses. The House is not allowed simply utory, codified offense. There does not

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.123 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H845 have to be a crime that has been de- tain dignity and respect simply be- bring him to justice. He will forever be fined in law such that it is penally pun- cause that certain person is in the an impeached President. ished. Not so. The Constitution doesn’t care, custody, and control of the au- He may have been found not guilty, require it. thorities. The authorities have a duty but the impeachment is not eradicated, In fact, Andrew Johnson was im- to respect the people that they arrest. it is not obliterated, it is not elimi- peached in 1868 for offenses that were Well, you don’t invite persons to be- nated by virtue of the fact that the not crimes, in the sense that they were have otherwise, which is something Senate chose not to find the President something defined by statute, some- this President has done. guilty. thing that has already been codified. It So I want the persons within the I happen to absolutely, totally, and wasn’t required then; it isn’t required sound of my voice to know that I am completely disagree with the Senate now. proud of what the House has done. The and its findings. I think the Senate Andrew Johnson was impeached on President now knows that he can be made the wrong decision, but it made a Article X of the articles against him impeached, that we are the sword of decision, and that decision will stand. for acts rooted in his bigotry and his Damocles. The House has a duty and But I also know that that decision hatred. He was impeached, and the root responsibility to do what it did, and it can be appealed. The decision of the of it was he did not want the freed can do it again if the President com- Senate can be appealed, and it will be slaves to enjoy the same rights as mits additional impeachable acts. appealed to a higher court, the court other people in this country. He fought The President has said he could go that will convene in November. I be- the Freedmen’s Bureau. He did every- out on Fifth Avenue and shoot some- lieve that that court will have a dif- one and do it with immunity. thing that he could to prevent them ferent finding in November of this from having the same rights as others He didn’t use those exact words. Well, if he does, using his phrase- year. in this country. The radical Repub- I love my country. licans impeached Andrew Johnson in ology of going out and doing this das- tardly deed, he will be impeached. We Madam Speaker, I yield back the bal- 1868 for having utterances and state- ance of my time. ments that were harmful. He demeaned will not allow a President to do such a thing. The SPEAKER pro tempore. Mem- the House of Representatives. But it bers are reminded to refrain from en- was all rooted in his hate and racism, And I, quite frankly, think it is inappropriate for him to joke about such a gaging in personalities toward the and as a result, no crime, but he was President. impeached. thing. I say it only because I want people to know that I take seriously the f b 1930 possibility of the President doing ADJOURNMENT We now know that this can be done. something else, not going out on Fifth And this President has done some Avenue, but doing something else. Mr. GREEN of Texas. Madam Speak- things that are dreadful, some things The President has demonstrated that er, I move that the House do now ad- that I would not want to see a Presi- he is a recidivist, and he will engage in journ. dent do and that, in my opinion, are in recidivism; and when he does engage in The motion was agreed to; accord- violation of the Constitution. recidivism, we have a responsibility to ingly (at 7 o’clock and 36 minutes You don’t have to commit a statu- the Constitution to impeach him for p.m.), under its previous order, the tory offense to be found guilty of a his misdeeds. House adjourned until tomorrow, high crime and misdemeanor. We know Finally, this: I love this country. It Thursday, February 6, 2020, at 10 a.m. this now. means something to me to be a citizen for morning-hour debate. When we first started this journey, of this country. I respect the oppor- f we had to fight this battle to convince tunity that I have to be a part of this people, and people have finally been Congress. BUDGETARY EFFECTS OF PAYGO convinced. There are some outliers who I don’t want it said that, on my LEGISLATION will contend that you have to commit watch, when we had a reckless, ruth- Pursuant to the Statutory Pay-As- a crime in the sense that it is defined less President, I failed to live up to my You-Go Act of 2010 (PAYGO), Mr. YAR- and codified as a statute, but this is responsibilities. I want it said that, MUTH hereby submits, prior to the vote not the case. All of the leading scholars though I may have had to stand alone on passage, for printing in the CON- agree with the comments that I am at some point, it is better to stand GRESSIONAL RECORD, that H.R. 3830, the sharing with you tonight. alone than not stand at all. Taxpayers Right-To-Know Act, as So we know now that, if the Presi- I want it said that I recognize the amended, would have no significant ef- dent inculcates bigotry into his poli- fact that, if you tolerate bigotry, you fect on the deficit, and therefore, the cies, he can be impeached. For bigotry perpetuate it. And I want it said that I budgetary effects of such bill are esti- in policies emanating from the Presi- did not tolerate it, and that I did all mated as zero. dency, he can be impeached. that I could to bring a President who We don’t have to have bigoted poli- engaged in bigotry and racism and f cies emanating from the President. We Islamophobia, homophobia, xeno- EXECUTIVE COMMUNICATIONS, don’t have to have this. There is no re- phobia, nativism, all of the invidious ETC. quirement in this country that we phobias, anti-Semitism, that I did all Under clause 2 of rule XIV, executive must suffer a President who presents that I could to bring him to the bar of communications were taken from the bigotry into public discourse. There is justice in the House of Representa- Speaker’s table and referred as follows: no requirement. tives. We have an obligation in this coun- But I also would want the record to 3710. A letter from the Senior Legal Advi- try to defend all people. All of the peo- sor for Regulatory Affairs, Department of show that I said tonight that I will do the Treasury, Financial Stability Oversight ple in this country should have equal all that I can, if he engages again, to Council, transmitting the Council’s final in- protection under the law. We can’t bring him before the bar of justice, and terpretive guidance — Authority To Require allow anyone in this country to present that certain offenses that he has com- Supervision and Regulation of Certain circumstances or cause circumstances mitted have not been brought to the Nonbank Financial Companies (RIN: 4030- to come into existence that may cause bar of justice and that it is never too ZA00) received February 3, 2020, pursuant to harm to people. late, as long as he is in office, to bring 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. When you say ugly things about peo- the President before the bar of justice. 251; (110 Stat. 868); to the Committee on Fi- ple and you tell police officers that you This is where it all starts, right here nancial Services. don’t have to be nice when you are ar- 3711. A letter from the Director, Regu- in the House of Representatives. latory Management Division, Environmental resting a person, you are inviting harm I am so proud of my colleagues who Protection Agency, transmitting the Agen- to be caused to a certain person who voted to impeach this President. The cy’s final rule — Flutriafol; Pesticide Toler- may be arrested. House can be proud of what it has done. ances [EPA-HQ-OPP-2018-0297; FRL-10004-03] Anybody who is arrested should still The President knows that here there received February 3, 2019, pursuant to 5 be treated as a human being with cer- is courage and there is the courage to U.S.C. 801(a)(1)(A); Public Law 104-121, Sec.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\K05FE7.124 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE H846 CONGRESSIONAL RECORD — HOUSE February 5, 2020 251; (110 Stat. 868); to the Committee on En- Protection Agency, transmitting the Agen- in acting role, pursuant to 5 U.S.C. 3349(a); ergy and Commerce. cy’s final rule — Chlorfenapyr; Pesticide Tol- Public Law 105-277, 151(b); (112 Stat. 2681-614); 3712. A letter from the Director, Regu- erances [EPA-HQ-OPP-2018-0783; FRL-10002- to the Committee on Oversight and Reform. latory Management Agency, Environmental 05] received February 3, 2020, pursuant to 5 3730. A letter from the White House Liai- Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. son, Office of Legislation and Congressional cy’s final rule — Prohexadione Calcium; Pes- 251; (110 Stat. 868); to the Committee on En- Affairs, Department of Education, transmit- ticide Tolerances [EPA-HQ-OPP-2018-0785; ergy and Commerce. ting a notification of a designation of acting FRL-10003-04] received February 3, 2020, pur- 3721. A letter from the Director, Regu- officer and a discontinuation of service in suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- latory Management Division, Environmental acting role, pursuant to 5 U.S.C. 3349(a); Pub- 121, Sec. 251; (110 Stat. 868); to the Committee Protection Agency, transmitting the Agen- lic Law 105-277, 151(b); (112 Stat. 2681-614); to on Energy and Commerce. cy’s final rule — Air Plan Approval; Texas; the Committee on Oversight and Reform. 3713. A letter from the Director, Regu- Houston-Galveston-Brazoria Area Redesigna- 3731. A letter from the Assistant Attorney latory Management Division, Environmental tion and Maintenance Plan for Revoked General, Office of Legislative Affairs, De- Protection Agency, transmitting the Agen- Ozone National Ambient Air Quality Stand- partment of Justice, transmitting the Uni- cy’s final rule — Propanamide, 2-hydroxy-N, ards; Section 185 Fee Program [EPA-R06- formed and Overseas Citizens Absentee Vot- N-dimethyl-; Exemption from the Require- OAR-2018-0715; FRL-10002-70-Region 6] re- ing Act Annual Report to Congress 2019, pur- ment of a Tolerance [EPA-HQ-OPP-2019-0279; ceived February 3, 2020, pursuant to 5 U.S.C. suant to 52 U.S.C. 20307(b); Public Law 99-410, FRL-10003-07] received February 3, 2020, pur- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Sec. 105(b) (as amended by Public Law 111-84, suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Stat. 868); to the Committee on Energy and Sec. 587(2)); (123 Stat. 2333); to the Com- 121, Sec. 251; (110 Stat. 868); to the Committee Commerce. mittee on House Administration. on Energy and Commerce. 3722. A letter from the Director, Regu- 3732. A letter from the Secretary, Federal 3714. A letter from the Director, Regu- latory Management Division, Environmental Maritime Commission, transmitting the latory Management Division, Environmental Protection Agency, transmitting the Agen- Commission’s final rule — Inflation Adjust- Protection Agency, transmitting the Agen- cy’s final rule — Air Plan Approval; Ohio; ment of Civil Monetary Penalties [Docket cy’s final rule — Cyantraniliprole; Pesticide Prevention of Significant Deterioration No.: 20-01] (RIN: 3072-AC79) received Feb- Tolerances [EPA-HQ-OPP-2017-0694; FRL- Greenhouse Gas Tailoring Rule [EPA-R05- ruary 3, 2020, pursuant to 5 U.S.C. 10004-23] received February 3, 2020, pursuant OAR-2012-0990; FRL-10005-04-Region 5] re- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, ceived February 3, 2020, pursuant to 5 U.S.C. Stat. 868); to the Committee on the Judici- Sec. 251; (110 Stat. 868); to the Committee on 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 ary. Energy and Commerce. 3733. A letter from the Acting General Stat. 868); to the Committee on Energy and 3715. A letter from the Director, Regu- Counsel, National Credit Union Administra- Commerce. latory Management Division, Environmental tion, transmitting the Administration’s final 3723. A letter from the Director, Regu- Protection Agency, transmitting the Agen- rule — Civil Monetary Penalty Inflation Ad- latory Management Division, Environmental cy’s final rule — Difenoconazole; Pesticide justment (RIN: 3133-AF09) received February Protection Agency, transmitting the Agen- Tolerances [EPA-HQ-OPP-2018-0178 and EPA- 3, 2020, pursuant to 5 U.S.C. 801(a)(1)(A); Pub- cy’s final rule — Air Plan Approval; Con- HQ-OPP-2019-0076; FRL-10002-06] received lic Law 104-121, Sec. 251; (110 Stat. 868); to the necticut; Transport State Implementation February 3, 2020, pursuant to 5 U.S.C. Committee on the Judiciary. Plan for the 2008 Ozone Standard [EPA-R01- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 3734. A letter from the Chairman, Office of Stat. 868); to the Committee on Energy and OAR-2019-0513; FRL-10004-95-Region 1] re- Proceedings, Surface Transportation Board, Commerce. ceived February 3, 2020, pursuant to 5 U.S.C. transmitting the Board’s final rule — Civil 3716. A letter from the Director, Regu- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Monetary Penalties--2020 Adjustment [Dock- latory Management Division, Environmental Stat. 868); to the Committee on Energy and et No.: EP 716 (Sub-No. 50)] received Feb- Protection Agency, transmitting the Agen- Commerce. ruary 3, 2020, pursuant to 5 U.S.C. cy’s final rule — Environmental Protection 3724. A letter from the Director, Regu- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Agency Acquisition Regulation (EPAAR) latory Management Division, Environmental Stat. 868); to the Committee on the Judici- Clause Update for Submission of Invoices Protection Agency, transmitting the Agen- ary. [EPA-HQ-OMS-2018-0742; FRL-10002-43-OMS] cy’s final rule — Acetamiprid; Pesticide Tol- 3735. A letter from the Administrator, received February 3, 2020, pursuant to 5 erances [EPA-HQ-OPP-2018-0784; FRL-10004- FEMA, Department of Homeland Security, U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 12] received February 3, 2020, pursuant to 5 transmitting a report advising that the cost 251; (110 Stat. 868); to the Committee on En- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. of response and recovery efforts for FEMA- ergy and Commerce. 251; (110 Stat. 868); to the Committee on En- 3426-EM in the Commonwealth of Puerto 3717. A letter from the Director, Regu- ergy and Commerce. Rico has exceeded the limit for a single latory Management Division, Environmental 3725. A letter from the Associate Director emergency declaration, pursuant to 42 U.S.C. Protection Agency, transmitting the Agen- of International Economics, Bureau of Eco- 5193(b)(3); Public Law 93-288, Sec. 503(b)(3) (as cy’s final rule — Ethylenebis(oxyethylene) nomic Analysis, Department of Commerce, amended by Public Law 100-707, Sec. 107(a)); bis[3-(5-tert-butyl-4-hydroxy-m-tolyl) propio- transmitting the Department’s final rule — (102 Stat. 4707); to the Committee on Trans- nate]; Exemption from the Requirement of a Direct Investment Surveys: BE-10, Bench- portation and Infrastructure. Tolerance [EPA-HQ-OPP-2019-01296; FRL- mark Survey of U.S. Direct Investment 3736. A letter from the Assistant Secretary 10002-96] received February 3, 2020, pursuant Abroad [Docket No.: 191104-0074] (RIN: 0691- of the Army (Civil Works), Department of to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, AA89) received February 3, 2019, pursuant to the Army, Department of Defense, transmit- Sec. 251; (110 Stat. 868); to the Committee on 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ting the 2019 Biennial Report to Congress on Energy and Commerce. 251; (110 Stat. 868); to the Committee on For- the Status of the Missouri River Bank Sta- 3718. A letter from the Director, Regu- eign Affairs. bilization and Navigation Fish and Wildlife latory Management Division, Environmental 3726. A letter from the Chairman, Council Mitigation Project, KS, MO, IA, NE, pursu- Protection Agency, transmitting the Agen- of the District of Columbia, transmitting ant to Public Law 113-121, Sec. 4003(e); (128 cy’s final rule — Air Plan Approval; Texas; D.C. Act 23-204, ‘‘Primary Election Filing Re- Stat. 1313); to the Committee on Transpor- Revisions to Control of Air Pollution by Per- quirement Temporary Amendment Act of tation and Infrastructure. mits for New Construction or Modification 2020’’, pursuant to Public Law 93-198, Sec. 3737. A letter from the Assistant Secretary [EPA-R06-OAR-2019-0043; FRL-10004-67-Re- 602(c)(1); (87 Stat. 814); to the Committee on of the Army (Civil Works), Department of gion 6] received February 3, 2020, pursuant to Oversight and Reform. the Army, Department of Defense, transmit- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 3727. A letter from the Chairman, Council ting the Department’s Reservoir Sediment 251; (110 Stat. 868); to the Committee on En- of the District of Columbia, transmitting Report, pursuant to Sec. 1146(f) of the Water ergy and Commerce. D.C. Act 23-216, ‘‘Parkside Parcel E and J Resources Development Act of 2018; to the 3719. A letter from the Director, Regu- Mixed-Income Apartments Tax Abatement Committee on Transportation and Infra- latory Management Division, Environmental Temporary Amendment Act of 2020’’, pursu- structure. Protection Agency, transmitting the Agen- ant to Public Law 93-198, Sec. 602(c)(1); (87 3738. A letter from the Executive Director, cy’s final rule — Approval and Promulgation Stat. 814); to the Committee on Oversight Office of Congressional Workplace Rights, of Air Quality Implementation Plans; Dis- and Reform. transmitting the Office’s Annual Report on trict of Columbia; Reasonably Available 3728. A letter from the Chairman, Council Awards and Settlements for Calendar Year Control Technology State Implementation of the District of Columbia, transmitting 2019 for Employing Offices of the House of Plan for Nitrogen Oxides Under the 2008 D.C. Act 23-203, ‘‘Fiscal Year 2020 Budget Representatives and the Annual Report on Ozone National Ambient Air Quality Stand- Support Clarification Amendment Act of Awards and Settlements for Calendar Year ard [EPA-R03-OAR-2019-0207; FRL-10004-84- 2019’’, pursuant to Public Law 93-198, Sec. 2019 for Employing Offices of the Senate, and Region 3] received February 3, 2020, pursuant 602(c)(1); (87 Stat. 814); to the Committee on other Employing Offices, pursuant to 2 to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Oversight and Reform. U.S.C. 1381(l)(1)(A); Public Law 104-1, title Sec. 251; (110 Stat. 868); to the Committee on 3729. A letter from the Senior Advisor, Of- III, 301(l)(1)(A) (as added by 201(a)(1)(B)); (132 Energy and Commerce. fice of Inspector General, Department of Stat. 5315); jointly to the Committees on 3720. A letter from the Director, Regu- Health and Human Services, transmitting a House Administration and Education and latory Management Division, Environmental notification of a discontinuation of service Labor.

VerDate Sep 11 2014 06:14 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\L05FE7.000 H05FEPT1 dlhill on DSKBBY8HB2PROD with HOUSE February 5, 2020 CONGRESSIONAL RECORD — HOUSE H847 REPORTS OF COMMITTEES ON ical attacks, and for other purposes; to the Mr. GOSAR, Mr. HICE of Georgia, Mr. PUBLIC BILLS AND RESOLUTIONS Committee on Science, Space, and Tech- BROOKS of Alabama, Mr. FLORES, nology, and in addition to the Committee on Mrs. WAGNER, Mr. WEBER of Texas, Under clause 2 of rule XIII, reports of Homeland Security, for a period to be subse- Mr. OLSON, Mrs. WALORSKI, Mr. CAR- committees were delivered to the Clerk quently determined by the Speaker, in each TER of Texas, Ms. CHENEY, Mr. COL- for printing and reference to the proper case for consideration of such provisions as LINS of Georgia, Mr. GAETZ, Mr. calendar, as follows: fall within the jurisdiction of the committee ABRAHAM, Mr. AUSTIN SCOTT of Geor- Mrs. CAROLYN B. MALONEY of New concerned. gia, Mr. NEWHOUSE, Mr. PALMER, Mr. York: Committee on Oversight and Reform. By Mr. MEUSER (for himself and Mr. WENSTRUP, Mr. BRADY, and Mr. GRIF- H.R. 3941. A bill to enhance the innovation, BRINDISI): FITH): H.R. 5761. A bill to amend title 38, United security, and availability of cloud computing H. Res. 832. A resolution raising a question States Code, to authorize the Secretary of services used in the Federal Government by of the privileges of the House; to the Com- Veterans Affairs to provide or assist in pro- establishing the Federal Risk and Authoriza- mittee on Ethics. viding an additional vehicle adapted for option Management Program within the Gen- f eration by disabled individuals to certain eli- eral Services Administration and by estab- gible persons; to the Committee on Veterans’ lishing a risk management, authorization, MEMORIALS Affairs. and continuous monitoring process to enable Under clause 3 of rule XII, By Mr. CARTWRIGHT (for himself, Mr. the Federal Government to leverage cloud ROGERS of Kentucky, Mr. BISHOP of 158. The SPEAKER presented a memorial computing services using a risk-based ap- Georgia, Mr. COSTA, Mr. PAPPAS, Mrs. of the General Assembly of the Common- proach consistent with the Federal Informa- BUSTOS, and Mr. BALDERSON): wealth of Virginia, relative to House Joint tion Security Modernization Act of 2014 and H.R. 5762. A bill to establish a White House Resolution No. 1 and Senate Joint Resolu- cloud-based operations, and for other pur- Rural Council, and for other purposes; to the tion No. 1, submitting Virginia’s ratification poses; with an amendment (Rept. 116–391). Committee on Agriculture. of the Equal Rights Amendment to the Con- Referred to the Committee of the Whole By Mr. GIANFORTE (for himself and stitution of the United States; which was re- House on the state of the Union. Ms. ESHOO): ferred to the Committee on the Judiciary. Mr. DESAULNIER: Committee on Rules. H.R. 5763. A bill to amend the Public f House Resolution 833. Resolution providing Health Service Act to advance telehealth by for consideration of the resolution (H. Res. developing a plan for adoption and coordina- CONSTITUTIONAL AUTHORITY 826) expressing disapproval of the Trump ad- tion by Federal agencies, and for other pur- STATEMENT ministration’s harmful actions towards Med- poses; to the Committee on Energy and Com- icaid; providing for consideration of the bill merce. Pursuant to clause 7 of rule XII of (H.R. 2474) to amend the National Labor Re- By Mr. GRIJALVA (for himself, Mr. the Rules of the House of Representa- lations Act, the Labor Management Rela- YOUNG, Mr. LANGEVIN, Mr. GALLEGO, tives, the following statements are sub- tions Act, 1947, and the Labor-Management Mr. ESPAILLAT, and Mrs. DAVIS of mitted regarding the specific powers Reporting and Disclosure Act of 1959, and for California): granted to Congress in the Constitu- other purposes; and providing for consider- H.R. 5764. A bill to establish high-quality tion to enact the accompanying bill or ation of the bill (H.R. 5687) making emer- dual language immersion programs in low- joint resolution. gency supplemental appropriations for the income communities, and for other purposes; fiscal year ending September 30, 2020, and for to the Committee on Education and Labor. By Ms. PLASKETT: olther purposes (Rept. 116–392). Referred to By Mr. LARSEN of Washington (for H.R. 5756. the House Calendar. himself and Mrs. BROOKS of Indiana): Congress has the power to enact this legis- f H.R. 5765. A bill to reauthorize the match- lation pursuant to the following: ing grant program for school security in the Article I, Section 8 of the United States PUBLIC BILLS AND RESOLUTIONS Omnibus Crime Control and Safe Streets Act Constitution. Under clause 2 of rule XII, public of 1968; to the Committee on the Judiciary. By Mr. BARR: By Mr. MCCARTHY (for himself and H.R. 5757. bills and resolutions of the following Congress has the power to enact this legis- titles were introduced and severally re- Mr. KHANNA): H.R. 5766. A bill to amend the Harry W. lation pursuant to the following: ferred, as follows: Colmery Veterans Educational Assistance Article I, Section 8, clauses 12 and 13, By Ms. PLASKETT (for herself, Miss Act of 2017 to expand eligibility for high which gives Congress the power ‘‘To raise GONZA´ LEZ-COLO´ N of Puerto Rico, Mr. technology programs of education and the and support Armies,’’ and ‘‘To provide and CARBAJAL, Mr. CARSON of Indiana, class of providers who may enter into con- maintain a Navy. Mr. ESPAILLAT, Ms. NORTON, Ms. ROY- tracts with the Secretary of Veterans Affairs By Mr. GUTHRIE: BAL-ALLARD, Mr. SIRES, Ms. TITUS, to provide such programs, and for other pur- H.R. 5758. and Ms. VELA´ ZQUEZ): poses; to the Committee on Veterans’ Af- Congress has the power to enact this legis- H.R. 5756. A bill to amend the Bipartisan fairs. lation pursuant to the following: Budget Act of 2018 to extend the provision of By Ms. OMAR (for herself, Ms. BASS, Article 1, Section 8 assistance for critical services with respect Mr. NEGUSE, Mr. PAYNE, Ms. NORTON, By Ms. ADAMS: to certain disasters, and for other purposes; Mr. MCGOVERN, Mr. CARSON of Indi- H.R. 5759. to the Committee on Transportation and In- ana, Ms. CLARKE of New York, Ms. Congress has the power to enact this legis- frastructure. JAYAPAL, Mr. JOHNSON of Georgia, lation pursuant to the following: By Mr. BARR (for himself and Ms. Ms. MCCOLLUM, Ms. JACKSON LEE, Mr. Article I, Section 8 GABBARD): GRIJALVA, Mr. KHANNA, Ms. By Mr. BERA: H.R. 5757. A bill to amend title 38, United PRESSLEY, Mr. HORSFORD, Ms. TLAIB, H.R. 5760. States Code, to improve the care furnished Ms. OCASIO-CORTEZ, Mrs. WATSON Congress has the power to enact this legis- to veterans with military sexual trauma; to COLEMAN, Ms. SCANLON, Ms. SCHA- lation pursuant to the following: the Committee on Veterans’ Affairs. KOWSKY, Mr. SMITH of Washington, Article I, section 8 of the Constitution of By Mr. GUTHRIE (for himself and Ms. Mr. GOMEZ, Mr. ENGEL, Mr. the United States. SCHAKOWSKY): ESPAILLAT, Ms. LEE of California, Mr. By Mr. MEUSER: H.R. 5758. A bill to amend the Energy Pol- RUSH, Mr. RASKIN, Ms. CRAIG, Mr. H.R. 5761. icy and Conservation Act to make technical PHILLIPS, and Mr. CLAY): Congress has the power to enact this legis- corrections to the energy conservation H.R. 5767. A bill to defer the removal of lation pursuant to the following: standard for ceiling fans, and for other pur- certain Eritrean nationals for a 24-month pe- Article 1, Section 8 of the Constitution of poses; to the Committee on Energy and Com- riod, and for other purposes; to the Com- the United States merce. mittee on the Judiciary. By Mr. CARTWRIGHT: By Ms. ADAMS (for herself, Mr. By Mr. SCHNEIDER (for himself, Mr. H.R. 5762. DELGADO, and Ms. OMAR): ZELDIN, Mr. DEUTCH, Mr. KUSTOFF of Congress has the power to enact this legis- H.R. 5759. A bill to establish a career path- Tennessee, and Mr. LEWIS): lation pursuant to the following: way grant program; to the Committee on H. Con. Res. 87. Concurrent resolution au- Article I, Section 8, Clause 3 (relating to Education and Labor. thorizing the use of Emancipation Hall for a the power of Congress to regulate Commerce By Mr. BERA (for himself and Mr. ceremony as part of the commemoration of with foreign Nations, and among the several WEBER of Texas): the days of remembrance of victims of the States, and with the Indian Tribes.) H.R. 5760. A bill to provide for a com- Holocaust; to the Committee on House Ad- By Mr. GIANFORTE: prehensive interdisciplinary research, devel- ministration. H.R. 5763. opment, and demonstration initiative to By Ms. GRANGER (for herself, Mr. Congress has the power to enact this legis- strengthen the capacity of the energy sector SCALISE, Mr. FERGUSON, Mr. CAL- lation pursuant to the following: to prepare for and withstand cyber and phys- VERT, Mr. MEADOWS, Mr. GOHMERT, Article 1, Section 8 of the Constitution

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By Mr. GRIJALVA: H.R. 2350: Mr. RIGGLEMAN, Ms. SEWELL of H.R. 5117: Mr. HAGEDORN. H.R. 5764. Alabama, Mrs. MURPHY of Florida, Mr. H.R. 5138: Mr. HARDER of California and Ms. Congress has the power to enact this legis- BALDERSON, Mr. COLE, Mr. ADERHOLT, and GARCIA of Texas. lation pursuant to the following: Mr. TURNER. H.R. 5175: Mr. BUDD, Mr. LUCAS, and Mr. U.S. Const. art. I, §§ 1 and 8. H.R. 2491: Mr. HECK. LUETKEMEYER. By Mr. LARSEN of Washington: H.R. 2577: Mrs. HAYES. H.R. 5284: Mr. PAPPAS. H.R. 5765. H.R. 2616: Mr. GARCIÁ of Illinois. H.R. 5288: Mr. LOEBSACK. Congress has the power to enact this legis- H.R. 2629: Mr. LAMB. H.R. 5289: Mrs. LESKO and Mr. BYRNE. lation pursuant to the following: H.R. 2650: Mr. KIM. H.R. 5297: Mr. DEUTCH, Mr. KUSTOFF of Ten- Article 1, Section 1: ‘‘All legislative powers H.R. 2653: Ms. MATSUI and Ms. BASS. nessee, and Mr. HUDSON. herein granted shall be vested in a Congress H.R. 2694: Mr. CLAY, Mr. PALLONE, Mr. H.R. 5308: Ms. GARCIA of Texas and Mr. of the United States, which shall consist of a BRINDISI, and Mr. BALDERSON. MOULTON. Senate and House of Representatives.’’ H.R. 2711: Mr. FOSTER, Ms. WILD, Ms. SCHA- H.R. 5326: Ms. JUDY CHU of California. By Mr. MCCARTHY: KOWSKY, and Ms. MENG. H.R. 5390: Mr. CASE. ALLONE H.R. 5766. H.R. 2733: Mr. P . H.R. 5408: Mr. LOUDERMILK. H.R. 2777: Mr. ALLRED. Congress has the power to enact this legis- H.R. 5423: Ms. MENG. H.R. 2895: Mr. POSEY. lation pursuant to the following: H.R. 5427: Mrs. MILLER and Mr. BALDERSON. H.R. 2896: Ms. OCASIO-CORTEZ and Mr. KIM. Article I, Section 8, Clause 12, 13, and 18. H.R. 5448: Mr. GRIJALVA. H.R. 2912: Mr. VELA, Mrs. LAWRENCE, and By Ms. OMAR: H.R. 5465: Ms. TITUS. H.R. 5767. Mr. KILDEE. H.R. 5466: Mr. HASTINGS. Congress has the power to enact this legis- H.R. 2931: Ms. WILD and Mr. LARSEN of H.R. 5467: Mr. ARMSTRONG. lation pursuant to the following: Washington. H.R. 5492: Ms. LOFGREN and Mr. POCAN. Article I, Section 8. H.R. 3077: Mr. CUELLAR and Mrs. MILLER. H.R. 3107: Mr. MOONEY of West Virginia, H.R. 5494: Ms. MOORE. f Mr. CRENSHAW, Mrs. MILLER, Mr. SMITH of H.R. 5503: Mr. TRONE. H.R. 5507: Mr. SMITH of New Jersey. ADDITIONAL SPONSORS Missouri, Ms. WILSON of Florida, Mr. HIMES, Mr. KRISHNAMOORTHI, and Mr. PHILLIPS. H.R. 5528: Mr. VAN DREW. Under clause 7 of rule XII, sponsors H.R. 3114: Mr. JEFFRIES. H.R. 5534: Mr. LATTA. were added to public bills and resolu- H.R. 3219: Mr. JEFFRIES, Mr. MALINOWSKI, H.R. 5543: Ms. SLOTKIN. tions, as follows: and Mr. LARSEN of Washington. H.R. 5546: Mr. COHEN and Mrs. RODGERS of H.R. 3222: Mr. LEWIS. Washington. H.R. 141: Mr. BACON. H.R. 3414: Mr. LAMB and Mr. SIRES. H.R. 5549: Ms. LEE of California, Mr. RUSH, H.R. 155: Mr. STEUBE. H.R. 3493: Mr. YOUNG and Mr. LARSEN of Ms. MOORE, and Mr. THOMPSON of Mississippi. H.R. 273: Mr. KILMER. Washington. H.R. 5552: Ms. SCANLON, Mr. HASTINGS, Mr. H.R. 396: Ms. MCCOLLUM. H.R. 3582: Ms. WILD. POCAN, and Mr. COOPER. H.R. 490: Mr. SHIMKUS. H.R. 3645: Mr. SIRES. H.R. 5554: Mr. HUFFMAN. H.R. 587: Mr. CRIST. H.R. 3689: Mrs. BEATTY and Ms. DELBENE. H.R. 5563: Mr. POCAN. H.R. 592: Mr. BEYER. H.R. 3708: Mr. NORMAN and Mr. GALLAGHER. H.R. 5570: Mr. MURPHY of North Carolina. H.R. 616: Mr. PENCE. H.R. 3711: Ms. MCCOLLUM. H.R. 5581: Mr. ENGEL, Ms. LEE of Cali- H.R. 884: Mr. TRONE. H.R. 3742: Mr. MCCAUL. fornia, Mr. LEVIN of Michigan, Mr. KILDEE, H.R. 906: Mr. JOYCE of Ohio, Mr. GONZALEZ H.R. 3815: Ms. BASS. and Mr. GALLEGO. of Ohio, Mr. HICE of Georgia, Ms. GABBARD, H.R. 3879: Mr. WESTERMAN. H.R. 5594: Mr. GIANFORTE, Mr. NORMAN, and Mr. STEUBE, Mr. SWALWELL of California, Mr. H.R. 3956: Mr. LYNCH. Mr. ARMSTRONG. BACON, Mr. RIGGLEMAN, Mr. PAPPAS, Mr. H.R. 3957: Mr. MICHAEL F. DOYLE of Penn- H.R. 5602: Ms. JACKSON LEE, Mr. SMITH of JOHNSON of Ohio, Mr. KELLER, and Ms. DEAN. sylvania. Washington, Mr. HUFFMAN, and Mr. QUIGLEY. H.R. 924: Ms. DELBENE, Ms. SCHAKOWSKY, H.R. 3962: Mr. ROUDA and Mr. SOTO. H.R. 5605: Mr. STANTON. Mr. SAN NICOLAS, Mr. COSTA, and Mr. TRONE. H.R. 3975: Mr. STEUBE. H.R. 5637: Mr. AGUILAR, Ms. STEVENS, and H.R. 969: Mr. KUSTOFF of Tennessee and Mr. H.R. 3976: Mr. TAYLOR. Mr. ROSE of New York. TAYLOR. H.R. 3979: Mr. PHILLIPS. H.R. 5659: Mr. MOULTON. H.R. 1057: Ms. DEAN. H.R. 4069: Mr. ROONEY of Florida. H.R. 5669: Mr. COSTA. H.R. 1195: Ms. SPANBERGER. H.R. 4092: Ms. PINGREE. H.R. 5675: Ms. MCCOLLUM. H.R. 1241: Ms. WEXTON and Mr. H.R. 4098: Mr. MARSHALL. H.R. 5703: Mrs. WATSON COLEMAN and Mr. BUTTERFIELD. H.R. 4100: Mr. SMITH of Missouri. ´ TONKO. H.R. 1260: Mr. GARCIA of Illinois. H.R. 4107: Ms. MATSUI. H.R. 5708: Mr. WEBER of Texas. H.R. 1301: Mr. TRONE and Mr. WOMACK. H.R. 4132: Mr. HURD of Texas and Mr. H.R. 5744: Mr. NEWHOUSE and Mr. NORMAN. H.R. 1374: Mr. ARRINGTON and Mr. WILSON SERRANO. H.R. 5751: Mr. BLUMENAUER, Mr. RYAN, and of South Carolina. H.R. 4189: Mr. RESCHENTHALER and Mr. Mr. CARSON of Indiana. H.R. 1383: Mr. BEYER. COOK. H. Res. 174: Mrs. CAROLYN B. MALONEY of H.R. 1400: Ms. WASSERMAN SCHULTZ and Mr. H.R. 4269: Mr. KHANNA. New York. RASKIN. H.R. 4305: Mr. RUIZ. OTTHEIMER H.R. 1461: Mr. WEBER of Texas. H.R. 4326: Mr. RUSH. H. Res. 189: Mr. G . H.R. 1530: Mr. MURPHY of North Carolina. H.R. 4350: Ms. BONAMICI. H. Res. 452: Mr. DEUTCH. H.R. 1549: Ms. PINGREE. H.R. 4359: Ms. HAALAND. H. Res. 512: Mr. ROONEY of Florida. H.R. 1550: Ms. MOORE. H.R. 4393: Ms. BONAMICI, Ms. SEWELL of H. Res. 734: Mr. BUCSHON and Mr. KING of H.R. 1643: Ms. WEXTON. Alabama, Ms. WEXTON, and Ms. KELLY of Illi- New York. H.R. 1733: Mr. PETERSON, Mr. COLE, and Mr. nois. H. Res. 745: Mr. GARCIÁ of Illinois and Mrs. SEAN PATRICK MALONEY of New York. H.R. 4487: Mr. POCAN. WATSON COLEMAN. H.R. 1748: Mr. SMITH of Washington. H.R. 4542: Mr. BUCHANAN and Mr. DIAZ- H. Res. 797: Mr. CROW. H.R. 1754: Mr. COOPER. BALART. H. Res. 805: Mr. GALLAGHER. H.R. 1766: Mr. COURTNEY, Mr. CLAY, Mrs. H.R. 4674: Ms. VELA´ ZQUEZ. H. Res. 810: Ms. JACKSON LEE, Mr. HILL of FLETCHER, and Mr. JEFFRIES. H.R. 4705: Mr. HASTINGS and Mr. CLAY. Arkansas, Mr. WILLIAMS, Mr. ALLEN, Mr. H.R. 1776: Mr. CORREA and Mrs. AXNE. H.R. 4748: Mr. ALLRED. DUNN, Mr. LAMALFA, Mr. WEBER of Texas, H.R. 1794: Mr. PALAZZO. H.R. 4764: Mr. HARDER of California and Mr. Mr. GIBBS, Mr. BAIRD, and Mr. BACON. H.R. 1840: Mr. KEVIN HERN of Oklahoma. RUSH. H. Res. 813: Ms. ESHOO. H.R. 1868: Mr. Garcıá of Illinois. H.R. 4794: Mr. TAYLOR. H. Res. 815: Ms. MENG, Mr. BISHOP of Geor- H.R. 1873: Mr. WITTMAN and Mr. BEYER. H.R. 4840: Mr. GRIJALVA. gia, Mr. GRIJALVA, and Mrs. KIRKPATRICK. H.R. 2070: Mr. GOTTHEIMER. H.R. 4881: Mr. JOHN W. ROSE of Tennessee. H. Res. 821: Mr. DEFAZIO. H.R. 2073: Mr. KATKO. H.R. 4926: Mr. SMITH of New Jersey. H. Res. 826: Mr. KENNEDY, Mr. ENGEL, Mr. H.R. 2074: Ms. UNDERWOOD. H.R. 4964: Mr. BALDERSON. RUIZ, Ms. DAVIDS of Kansas, Mr. KILDEE, and H.R. 2086: Mr. PANETTA. H.R. 4971: Mr. GRIFFITH and Mr. WITTMAN. Ms. FINKENAUER. H.R. 2117: Ms. STEVENS and Mrs. CAROLYN H.R. 4986: Mrs. HAYES. H. Res. 829: Mr. LEWIS, Mrs. BEATTY, Mr. B. MALONEY of New York. H.R. 5002: Mr. MOULTON. BISHOP of Georgia, Ms. BLUNT ROCHESTER, H.R. 2148: Mr. CLAY. H.R. 5036: Mr. KIM and Mr. KIND. Mr. BROWN of Maryland, Mr. BUTTERFIELD, H.R. 2168: Mr. BILIRAKIS. H.R. 5037: Mr. TAYLOR. Mr. HASTINGS, Ms. NORTON, Mr. HORSFORD, H.R. 2179: Mr. PASCRELL. H.R. 5044: Mr. TIMMONS. Ms. JACKSON LEE, Mr. JOHNSON of Georgia, H.R. 2200: Mr. BERGMAN. H.R. 5046: Mr. CUNNINGHAM. Mrs. LAWRENCE, Mr. MEEKS, Mr. RICHMOND, H.R. 2258: Ms. DEAN. H.R. 5052: Mr. CARSON of Indiana. Mr. RUSH, Ms. SCANLON, Mr. VEASEY, Mrs. H.R. 2264: Mr. CA´ RDENAS. H.R. 5080: Mr. CUNNINGHAM and Mr. STEUBE. WATSON COLEMAN, and Mr. CLAY.

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Vol. 166 WASHINGTON, WEDNESDAY, FEBRUARY 5, 2020 No. 24 Senate The Senate met at 9:30 a.m. and was PRESCRIPTION DRUG COSTS As a number of my Republican col- called to order by the President pro Mr. GRASSLEY. Last night, in the leagues have confessed, the House man- tempore (Mr. GRASSLEY). State of the Union Address, President agers have proven their case. President f Trump called on Congress to put bipar- Trump did sanction a corrupt conspiracy to smear a political opponent, PRAYER tisan legislation to lower prescription drug prices on his desk and that he former Vice President Joe Biden. The Chaplain, Dr. Barry C. Black, of- would sign it. President Trump assigned Rudy fered the following prayer: Here are the facts. The House is con- Giuliani, his personal lawyer, to ac- Let us pray. trolled by Democrats. The Senate re- complish that goal by arranging sham Strong Deliverer, our shelter in the quires bipartisanship to get any legis- investigations by the Government of time of storms, we acknowledge today lating done. There are only a couple of Ukraine. President Trump advanced that You are God and we are not. You months left before the campaign season his corrupt scheme by instructing the don’t disappoint those who trust in will likely impede anything from being three amigos—Ambassador Volker, You, for You are our fortress and bul- accomplished in this Congress. So the Secretary of Energy Rick Perry, and wark. time to act is right now. Ambassador Gordon Sondland—to work Lord, show our Senators Your ways I am calling on my colleagues on with Rudy for this goal. President and teach them to walk in Your path of both sides of the aisle to get off the Trump did use the resources of Amer- integrity. sidelines and to work with me and Sen- ica, including an Oval Office meeting Through the seasons of our Nation’s ator WYDEN, as President Trump al- and security assistance to pressure history, You have been patient and ready is, to heed the call to action that Ukraine, which was at war with Russia, merciful. Mighty God, be true to Your he gave us last night and pass the Pre- to participate in this corrupt con- name. Fulfill Your purposes for our Na- scription Drug Pricing Reduction Act. spiracy. The facts are clear. tion and world. It is the only significant bipartisan bill But do President Trump’s acts rise to We pray in Your Holy Name. Amen. in town. President Trump, the AARP, the level the Framers envisioned for f and the libertarian Cato think tank, to removal of a President, or are they, as name just a few people involved, have PLEDGE OF ALLEGIANCE some colleagues in this Chamber have all endorsed the bill. said, simply ‘‘inappropriate,’’ but not If you are serious about fulfilling The President pro tempore led the ‘‘impeachable’’? With respect to those promises to lower drug costs, my office Pledge of Allegiance, as follows: colleagues, ‘‘inappropriate’’ is lying to door is open, as Senator WYDEN’s door I pledge allegiance to the Flag of the the public; ‘‘inappropriate’’ is shunning is open. It is time for the Senate to act United States of America, and to the Repub- our allies or failing to put your per- lic for which it stands, one nation under God, and to deliver for the American people. indivisible, with liberty and justice for all. I yield the floor. sonal assets into a blind trust or encouraging foreign governments to pa- f The PRESIDING OFFICER. The Sen- ator from Oregon. tronize your properties. That is some- RESERVATION OF LEADER TIME thing you might call ‘‘inappropriate,’’ f The PRESIDING OFFICER (Mrs. but that word does not begin to encom- BLACKBURN). Under the previous order, IMPEACHMENT pass President Trump’s actions in this the leadership time is reserved. Mr. MERKLEY. Madam President, as case—a corrupt conspiracy comprising f Senators, our decisions build the foun- a fundamental assault on our Constitu- dation for future generations. I want tion. MORNING BUSINESS those generations to know that I stood This conspiracy is far worse than Wa- The PRESIDING OFFICER. Under here on the floor of this Chamber fight- tergate. Watergate was about a break- the previous order, the Senate will be ing for equal justice under law. I stood in to spy on the Democratic National in a period of morning business, with here to defend our Senate’s responsi- Committee—bad, yes; wrong, defi- Senators permitted to speak therein bility to provide a fair trial with wit- nitely. But Watergate didn’t involve for up to 10 minutes each. nesses and documents. I stood here to soliciting foreign interference to de- The PRESIDING OFFICER. The Sen- say that when our President invites stroy the integrity of an election. It ator from Iowa. and pressures a foreign government to didn’t involve an effort to smear a po- Mr. GRASSLEY. I ask unanimous smear a political opponent and corrupt litical opponent. Watergate did not in- consent to speak for 1 minute. the integrity of our 2020 Presidential volve an across-the-board blockade of The PRESIDING OFFICER. Without election, he must be removed from of- access by Congress to witnesses and objection, it is so ordered. fice. documents.

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

S871

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.000 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S872 CONGRESSIONAL RECORD — SENATE February 5, 2020 If you believe that Congress was spring out of nowhere. With respect to I stand here today in support of our right to conclude that President Nix- the Chief Justice, the road to this mo- Constitution, which has made our Na- on’s abuse of power merited expulsion ment has been paved by decisions made tion that shining city on a hill. I stand from office, you have no choice but to in the Supreme Court undermining the here today for equal justice under law. conclude that President Trump’s cor- ‘‘We the People’’ Republic, while Jus- I stand here today for a full and fair rupt conspiracy merits his expulsion tice Roberts has led the Court—deci- trial as our Constitution demands. I from office. sions like Citizens United in 2010, stand here today to say that a Presi- President Trump should be removed which corrupted our political cam- dent who has abused this office by so- from office this very day by action in paigns with a flood of dark money, the liciting a foreign country to intervene this very Chamber, but he will not be equivalent of a stadium sound system in the election of 2020 and bias the out- removed because this Senate has failed drowning out the voice of the people; come—betraying the trust of the Amer- to conduct a full and fair trial to reveal decisions like Shelby County in 2013, ican people and undermining the the extensive dimensions of his con- which gutted the Voting Rights Act, strength of our Constitution—must be spiracy and because the siren call to opening the door to voter suppression removed from office. party loyalty over country has infected and voter intimidation—if you believe I yield the floor. in our Republic, you believe in voter this Chamber. f Every American understands what empowerment, not voter supression— constitutes a full and fair trial. A full decisions like Rucho V. Common Cause RECOGNITION OF THE MINORITY and fair trial has witnesses. A full and in 2019, giving the green light to ex- LEADER fair trial has documents. A full and fair treme partisan gerrymandering, in The PRESIDING OFFICER. The trial does not begin with the jury fore- which politicians choose their voters Democratic leader is recognized. rather than voters choosing their poli- man declaring that he is working hand- f in-glove with the defendant. When dis- ticians. It is one blow after another cussing why the Senate tries impeach- giving more power to the powerful and STATE OF THE UNION ADDRESS ments, Alexander Hamilton stated: undermining the vision of government Mr. SCHUMER. Madam President, I ‘‘Where else than in the Senate could of, by, and for the people—blow after will speak later this afternoon, at have been found a tribunal sufficiently blow making officials more responsive about 3:30—prior to the vote on the Ar- dignified, or sufficiently independent’’ to the rich and wealthy donors than ticles of Impeachment—about impeach- for that daunting responsibility? the people they are elected to rep- ment, but this morning, I would like to Every American should feel the sad- resent. briefly respond to President Trump’s ness, the darkness, the tragedy of this These Supreme Court decisions have third State of the Union Address. It moment in which this Senate is neither elevated government by and for the was a sad moment for democracy. sufficiently dignified nor sufficiently powerful, and trampled government by The President’s speech last night was independent for that responsibility. and for the people, paving the path for much more like a Trump rally than a The Senate trial became a coverup this dark moment in which the U.S. speech a true leader would give. It was when the majority voted on January 22 Senate chooses to defend a corrupt demagogic, undignified, highly par- and again on January 31 to block all President by converting a trial into a tisan, and, in too many places, just un- access to witnesses and documents. If coverup. A trial without access to wit- truthful. Instead of a dignified Presi- this coverup goes forward, it will be nesses and documents is what one ex- dent, we had some combination of a the latest in a set of corrupt firsts this pects of a corrupted court in Russia or pep rally leader, a reality show host, Senate has achieved under Republican China, not the United States of Amer- and a carnival barker. That is not what leadership. ica. Presidents are. It has been the first Senate to ignore We know what democracy looks like, President Trump took credit for in- our constitutional responsibilities to and it is not just about having the Con- heriting an economy that has been debate and vote on a Supreme Court stitution or holding elections. Our de- growing at about the same pace over nominee in 2016. It became the first mocracy is not set in stone. It is not the last 10 years. The bottom line is, Senate to complete the theft of a Su- guaranteed by anything other than the during the last 3 years of the Obama preme Court seat from one administra- good will and good faith of the people administration, more jobs were created tion giving it to another in 2017. of this country. Keeping a democracy And now, it becomes the first Senate takes courage and commitment. As the than under these 3 years of the Trump in American history to replace an im- saying goes, ‘‘freedom isn’t free.’’ It is administration. Yet he can’t resist peachment trial with a coverup. Presi- an inheritance bequeathed to us by digging at the past President even dent Trump might want to consider those who have fought and bled and though the past President’s economic this: With a coverup in lieu of a trial, died to ensure that government ‘‘of the number was better than his. there is no ‘‘exoneration,’’ no matter people, by the people, for the people He boasted about how many manu- how badly President Trump might shall not perish from the Earth.’’ facturing jobs he has created. Manufac- want it. No matter how boldly he Fighting for that inheritance doesn’t turing jobs have gone down, in part, be- might claim it, there is no ‘‘exonera- only happen on the battlefield. It hap- cause of the President’s trade policies tion’’ from a coverup. pens when Americans everywhere go to for 5 months late last year. There was If this Senate fails to convict Presi- the polls to cast a ballot. It happens a 5-month-long recession last year. dent Trump when we vote later today, when ordinary citizens, distraught at Farmers are struggling mightily. Farm we destroy our constitutional responsi- what they are seeing, speak up, join a income is way down. Bankruptcies are bility to serve as a check against the march, or run for office to make a dif- the highest they have been in 8 years. abuses of a runaway President. It is a ference. And it happens here in this Crop prices are dwindling, and markets devastating blow to the checks and bal- Chamber—in this Senate Chamber— may never recover from the damage of ances which have stood at the heart of when Senators put addressing the chal- the President’s trade war as so many our Constitution. lenges of our country over the pres- contracts for soybeans and other goods Our tripartite system is like a three- sures from their party. have gone to Argentina and Brazil. legged stool, where each leg works in Before casting their votes today, I These are not 1-year contracts; these balance with the others. If one leg is urge each and every one of my col- are long-term contracts. cracked or weakened, well, that stool leagues to ask themselves: Will you de- The President talked at length about topples over. If the Senate’s responsi- fend the integrity of our elections? healthcare and claimed—amazingly at bility is gutted and the limits on Presi- Will you deliver impartial justice? Will one point—he will fight to protect pa- dential power are undermined, then, you protect the separation of powers— tients with preexisting conditions. This there is lasting damage to the checks the heart of our Constitution? Will you President just lies—just lies. He is in and balances our Founders so carefully uphold the rule of law and the inspiring court right now, trying to undo the crafted. words carved above the doors of our protections for preexisting conditions. Let’s also be clear. The situation Supreme Court, ‘‘Equal Justice Under At the same time, he says he wants to that we find ourselves in today didn’t Law’’? do it, and all the Republicans get up

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.002 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S873 and cheer. His administration is work- This is typical of Donald Trump. In The PRESIDING OFFICER. Without ing as hard as it can to take down the his speech, he bragged about all of objection, it is so ordered. law that guarantees protections for these things he wants to do or is doing, f preexisting conditions. The claim is but his actions belie his words. Maybe IMPEACHMENT not partly true; it is not half true; it is the best metaphor was his claim to not misleading. It is flatly, objectively, bring democracy to Venezuela. There Mr. CORNYN. Madam President, over unequivocally false. It reads on my was a big policy there. It flopped. If the the last months, our country has been notes ‘‘false.’’ Let’s call it for what it policy were working, Juan Guaido consumed by a single word, one that we is—it is a lie. wouldn’t have been in the balcony don’t use often in our ordinary par- In 3 years, President Trump has done here. He would have been in Venezuela. lance. That word, of course, is ‘‘im- everything imaginable to undermine He would have been sitting in the peachment.’’ It has filled our news Americans’ healthcare. He is even hop- President’s palace or at least have been channels, our Twitter feeds, and dinner ing to drag out the resolution of the waging a fight to win. He was here— conversations. It has led to a wide- lawsuit past the next election. If Presi- and the President brags about his Ven- ranging debate on everything from the dent Trump were truly interested in ezuela policy? Give us a break. constitutional doctrines of the separa- shoring up protections for people with He hasn’t brought an end to the tion of powers to the due process of preexisting conditions, he would drop Maduro regime. The Maduro regime is law—two concepts which are the most this lawsuit now. Then he would be more powerful today and more en- fundamental building blocks of who we doing something, not just talking and trenched today than it was when the are as a nation. It has even prompted having his actions totally contradict President began his anti-Maduro those who typically have no interest in his words. Until the President drops his fight—the same thing with North politics to tune into C–SPAN or into lawsuit, when he says he cares about Korea, the same thing with China, the their favorite cable news channels. Americans’ healthcare, he is talking same thing with Russia, the same The impeachment of a President of out of both sides of his mouth. thing with Syria. the United States is simply the gravest When he talks about being the blue- The fact is, when President Trump undertaking we can pursue in this collar President, he doesn’t understand gets over an hour to speak, the number country. It is the nuclear option in our blue-collar families. It is true that of mistruths, mischaracterizations, ex- Constitution—the choice of last re- wages went up 3 percent. If you are aggerations, and contradictions is sort—when a President has committed making $50,000 a year, that is a good breathtaking. No other President a crime so serious that Congress must salary. By my calculation, that is comes close. The old expression says: act rather than leave the choice to the about $30 a week. When you get a med- ‘‘Watch what I do, not what I say.’’ voters in the election. ical bill of $4,000 and your deductible is What the President does will be re- The Framers of the Constitution $5,000, when your car has an accident vealed on Monday in his budget. That granted this awesome power to the and it is going to cost you $3,000 or is what he wants to do. If past is pro- U.S. Congress and placed their con- $4,000 to fix it and you don’t have that logue, almost everything in that budg- fidence in the Senate to use only when money, the $30 a week doesn’t mean et will contradict what he will have absolutely necessary, when there is no much. said in his speech. In the past, he has other choice. When asked, ‘‘Is it easier for you to cut money for healthcare, cut money This is a rare, historic moment for pay your bills today or the day Trump for medical research, cut money for in- the Members of this Chamber. This has became President?’’ they say it is hard- frastructure, cut money for education, been faced by the Senate only on two er to pay their bills today. That is cut money to help kids with college— previous occasions during our Con- what working families care about, get- every one of those things. stitution’s 232-year history—only two ting their costs down—their college Ladies and gentlemen, I have faith in times previously. We should be extraor- costs, their education costs, their the American people. They will not be dinarily vigilant in ensuring that the healthcare costs, their automobile and fooled. They are used to it. They can impeachment power does not become a infrastructure costs—not these tell a little show here—a nonreality regular feature of our differences and, vaunted Wall Street statistics that the show—when they see one. They know it in the process, cheapen the vote of the financial leaders look at and think: Oh, is a show. It is done for their amuse- American people. Soon, Members of the we are great. ment, for their titillation, but it Senate will determine whether, for the They are great. Their 3-percent in- doesn’t improve America. Working peo- first time in our history, a President crease in income—and it has been ple are not happy. The middle class is will be removed from office, and then greater—puts a lot of money in their struggling to stay in the middle class, we will decide whether he will be pockets. Working people don’t feel any and those struggling to get to the mid- barred from the ballot in 2020. better—they feel worse—because Don- dle class find it harder to get there. The question all Senators have to an- ald Trump always sides with the spe- Their path is steeper. swer is, Did the President commit, in cial interests when it comes to things Far more than the President’s the words of the Constitution, a high that affect working families, like speech, the President’s budget is what crime and misdemeanor that warrants health care, like drug costs, like col- truly reveals his priorities. The budget his removal from office or should he be lege. will be the truth serum, and in a few acquitted of the charges made by the In so many other areas, the Presi- days, the American people will see how House? dent’s claims were just not true. He many of the President’s words here are I did my best to listen intently to claimed he has gotten tough on China. reality. I expect very few will be. both sides as they presented their cases He sold out to China a month ago. Ev- I yield the floor. during the trial, and I am confident in eryone knows that. Because he has I suggest the absence of a quorum. saying that President Trump should be hurt the farmers so badly, the bulk of The PRESIDING OFFICER. The acquitted and not removed from office. what happened in the Chinese agree- clerk will call the roll. First, the Constitution gives the Con- ment was for them to purchase some The legislative clerk proceeded to gress the power to impeach and remove soybeans. We don’t even know if that call the roll. a President from office only for trea- will happen, but it didn’t get at the Mr. CORNYN. Madam President, I son, bribery, and other high crimes and real ways China hurts us. ask unanimous consent that the order misdemeanors, but the two Articles of He spoke about the desire for a bipar- for the quorum call be rescinded. Impeachment passed by the House of tisan infrastructure bill. We Senate The PRESIDING OFFICER. Without Representatives fail to meet that Democrats put together a $1 trillion objection, it is so ordered. standard. bill 3 years ago, and the President Mr. CORNYN. Madam President, I The first charge, as we know, is hasn’t shown any interest in discussing ask unanimous consent that following abuse of power. House Democrats al- it. In fact, when Speaker PELOSI and I my oral remarks that my more exten- leged that the President withheld mili- went to visit him about infrastructure, sive, written remarks that I have pre- tary aid from Ukraine in exchange for he walked out. pared be printed in the RECORD. investigations of Joe and Hunter

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.003 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S874 CONGRESSIONAL RECORD — SENATE February 5, 2020 Biden. But they failed to bring forward with the headline ‘‘The campaign to I believe—I think we should all be- compelling and unassailable evidence impeach President Trump has begun.’’ lieve—that the results of the next elec- of any crime—again, the Constitution At first, Speaker PELOSI wisely re- tion should be decided by the American talks about treason, bribery, or other sisted. Less than a year ago, she said, people, not by Congress. high crimes and misdemeanors; clear- ‘‘Impeachment is so divisive to the The decision to remove a President ly, a criminal standard—and thus country that unless there is something from office requires undeniable evi- failed to meet their burden of proof. so compelling and overwhelming and dence of a high crime. That is the lan- Certainly, the House managers did not bipartisan, I don’t think we should go guage chosen by the Framers of our meet the high burden required to re- down that path because it divides the Constitution. But despite our col- move the President from office, effec- country.’’ And she was right. But when leagues’ best attempts, the facts they tively nullifying the will of tens of mil- she couldn’t hold back the stampede of presented simply don’t add up to that lions of Americans just months before her caucus, she did a 180-degree about- standard. the next election. What is more, the face. She encouraged House Democrats House managers failed to meet their House’s vague charge in the first arti- to rush through an impeachment in- heavy burden of proof that President cle is equivalent to acts considered and quiry before an arbitrary Christmas Trump, beyond a reasonable doubt, rejected by the Framers of our Con- deadline. committed a crime, let alone a high stitution. In the end, the articles passed with crime; therefore, I will not vote to con- That brings us to the second article support from only a single party—not vict the President. we are considering—obstruction of bipartisan. The bipartisanship the I hope our Democratic colleagues Congress. During the House inquiry, Speaker claimed was necessary was ac- will finally accept the result of this Democrats were upset because some of tually opposed to the impeachment of trial—just as they have not accepted the President’s closest advisers—and the President; that is, Democrats and the result of the 2016 election—and I their most sought-after witnesses—did Republicans voted in opposition to the hope they won’t take the advice of not testify. To be clear, some of the ex- Articles of Impeachment. Only Demo- Congresswoman WATERS, MAXINE ecutive branch witnesses were among crats voted for the Articles of Impeach- WATERS in the House, and open a sec- the 13 witnesses whose testimony we ment in the House. ond impeachment inquiry. It is time did hear during the Senate trial. But Once the articles finally made it to for our country to come together to for those witnesses for whom it was the Senate after a confusing, 28-day heal the wounds that divide us and to clear the administration would claim a delay, Speaker PELOSI tried to have get the people’s work done. privilege, almost certainly leading to a Senator SCHUMER—the Democratic There is no doubt, as Speaker PELOSI long court battle, the House declined leader here—use Speaker PELOSI’s observed in March of 2019, that im- to issue the subpoenas and certainly playbook, and he staged a number of peachment is a source of division in did not seek judicial enforcement. political votes every Member of the our country, and it is also a period of Rather than addressing the privilege Senate knew would fail, just so he great sadness. If this partisan impeach- claims in court, as happened in the could secure some perceived political ment were to succeed, my greatest fear Nixon and Clinton impeachments, the advantage against Republican Senators is it would become a routine process Democratic managers moved to im- in the 2020 election. for every President who serves with a peach President Trump for obstruction What should be a solemn, constitu- House majority of the opposite party, of Congress for protecting the Presi- tional undertaking became partisan and we would find ourselves in a recur- dency itself from a partisan abuse of guerilla warfare to take down Presi- ring impeachment nightmare every power by the House. dent Trump and make Senator SCHU- time we elect a new President. Removing the President from office MER the next majority leader of the Our country is deeply divided and for asserting long-recognized and con- U.S. Senate. damaged by this partisan impeachment stitutionally grounded privileges that All of this was done on the eve of an process. It is time for us to bring it to have been invoked by both Republican election and just days shy of the first a close and to let the wounds from this and Democratic Presidents would set a primary in Iowa. unnecessary and misguided episode very dangerous precedent and would do Well, to say the timing was a coinci- heal. violence to the Constitution’s separa- dence would be laughable. This par- There being no objection, the mate- tion of powers design. In effect, it tisan impeachment process could not rial was ordered to be printed in the would make the Presidency itself sub- only remove the President from office, RECORD, as follows: servient to Congress. it would also potentially prevent his STATEMENT FOR THE RECORD—IMPEACHMENT The father of our Constitution, name from appearing on the ballot in TRIAL OF DONALD JOHN TRUMP James Madison, warned against allow- November. We are only 9 months away SENATOR JOHN CORNYN OF TEXAS ing the impeachment power to create a from an election—9 months away from Mr. President, I would like to submit this Presidential tenure at the pleasure of the American people voting on the di- statement for the record regarding the im- the Senate. rection of our country—but our Demo- peachment trial of President Donald Trump. Even more concerning, at every turn cratic colleagues don’t trust the Amer- This statement seeks to supplement the re- throughout this process, the House ican people, so they have taken mat- marks that I made on the Senate floor on Democrats violated President Trump’s ters into their own hands. Wednesday, February 5, 2020. It includes right to due process of law. All Amer- This politically motivated impeach- some of my observations as a former judge ican law is built on a constitutional ment sets a dangerous precedent. This on some of the complicated constitutional, is a very important point. This is not legal, and factual issues associated with this foundation securing basic rights and impeachment proceeding and its implica- rules of fairness for a citizen accused of just about President Trump; this is tions for future presidential impeachments. about the Office of the Presidency and wrongdoing. (1) What is the Constitutional standard? It is undisputed that the House ex- what precedent a conviction and re- In America, all government derives its cluded the President’s legal team from moval would set for our Constitution power, in the words of the Declaration of both the closed-door testimony and al- and for our future. If successful, this Independence, ‘‘from the consent of the gov- most the entirety of the House’s 78-day would give a green light to future Con- erned.’’ 1 This is not just a statement of na- inquiry. They channeled personal, pol- gresses to weaponize impeachment to tional policy, but a statement about legit- icy, and political grievances and at- defeat a political opponent for any ac- imacy. tempted to use the most solemn re- tion—even a failure to kowtow to Elections are the principal means of con- sponsibility of Congress to bring down Congress’s wishes. ferring legitimacy by the consent of the gov- a political rival in a partisan process. Impeachment is a profoundly serious erned. Impeachments, by the House and tried It is no secret that Democrats’ cru- matter that must be handled as such. in the Senate, while conferring authority on 535 Members of Congress to nullify one elec- sade to remove the President began It cannot become the Hail Mary pass of tion and disqualify a convicted President more than 3 years ago on the very day a party to remove a President, effec- from appearing on a future ballot, exercise he was inaugurated. On January 20, tively nullifying an election and inter- delegated power from the governed, much at- 2017, the Washington Post ran a story fering in the next. tenuated from the direct consent provided by

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.005 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S875 an election. It seems obvious that an im- that any subpoenas issued before passage of Justice’s Office of Legal Counsel, and repeat- peachment of a President during an election a formal resolution of the House establishing edly asserted by both Republican and Demo- year should give rise to heightened concerns an impeachment inquiry were constitu- cratic Administrations in countless disputes about legitimacy. tionally invalid and a violation of due proc- with Congress. And since the House did not While there was extensive argument on ess. The House Managers rely on the Con- pursue the testimony originally subpoenaed, what the Framers intended the impeachment stitution’s grant of the ‘‘sole power of im- the issue of presidential privileges or immu- standard to be, suffice it to say, they be- peachment’’ to the House and argue that no nity was never decided.7 lieved it should be serious enough to warrant authorizing resolution was required. Essen- But that is not all. Representative Eric removal, and disqualification from future of- tially, they argue that under the Constitu- Swalwell recently declared that not only fice, of a duly elected President. tion the House can run an impeachment in- should a sitting president be impeached if he The role of impeachments in a constitu- quiry any way the House wants and no one or she goes to the courts rather than submit tional republic like the United States was can complain. to Congress, but that contesting demands for borrowed, to some extent, from our British No committee of the House was officially evidence is actually evidence of guilt on all forebears. But it was not a wholesale accept- delegated the House’s impeachment author- of the charged offenses. Congressman ance of the British model, with its par- ity until October 31, 2019, when the House Swalwell claimed ‘‘we can only conclude liamentary system where entire govern- passed House Resolution 660 directing ‘‘the that you are guilty’’ if someone refuses to ments can be removed on a vote of no con- Permanent Select Committee on Intelligence give testimony or documents to Congress.8 fidence, but rather a distinctly Americanized and the Committees on Financial Services, So much for the presumption of innocence system that purposefully created a strong Foreign Affairs, the Judiciary, Oversight and and other constitutional rights encompassed and co-equal chief executive, elected by the Reform, and Ways and Means to continue by the Constitution’s guarantee of Due Proc- people for a definite term, with a narrowed their ongoing investigations as part of the ess of Law. existing House of Representatives inquiry scope of impeachable offenses for the Presi- It is an odd argument that a person ac- into whether sufficient grounds exist for the dent. cused of running a red light has more legal House of Representatives to exercise its con- Under the U.S. Constitution, Presidents rights than a President being impeached. may be impeached for ‘‘treason, bribery, and stitutional power to impeach Donald John other high crimes and misdemeanors.’’ Due Trump, President of the United States.’’ (4) The House’s impeachment inquiry to the rarity of presidential impeachments Neither the House’s theory that it could The House Managers argue that since Arti- (three in 232 years), the age of some prece- act without a delegation resolution, nor the cle 1, Section 2 of the Constitution gives the dents (dating back to the Johnson impeach- White House Counsel’s argument that sub- House the ‘‘sole power of impeachment,’’ the ment of 1868), and the diversity of impeach- poenas were void without one was presented President cannot question the procedures as ment cases (and in particular, the significant to a court during this impeachment inquiry.4 a denial of Due Process of Law or authority difference between the impeachment of In fact, the House intentionally avoided liti- by which that House produced the Articles. judges and Presidents), there remains quite a gation because, as House Manager Adam What they don’t explain is how House rules bit of debate about precisely what actions by Schiff stated, it would slow down their in- can preempt the Constitution. They can’t. a President are impeachable. quiry. As Chief Justice John Marshall wrote in Some argue a crime is not required, al- One example makes this point. Charles Marbury v. Madison, ‘‘the Constitution is su- though all previous presidential impeach- Kupperman was a deputy to former National perior to any ordinary act of the legislature, ments charged a crime. Some argue that not Security Advisor John Bolton. Other than [and] the Constitution, and not such ordi- all crimes are impeachable, only serious Bolton himself, Kupperman was one of the nary act, must govern the case to which they crimes can be ‘‘high’’ crimes. Some cat- officials most likely to have direct knowl- both apply.’’ 9 egories, including ‘‘malversation,’’ ‘‘neglect edge of an alleged quid pro quo on aid to While the Constitution gives the House the of duty,’’ ‘‘corruption,’’ ‘‘malpractice,’’ and Ukraine. But after the House subpoenaed ‘‘sole power to impeach’’ it gives the Senate ‘‘maladministration’’ were considered and him last fall, Kupperman went to court and the ‘‘sole power to try all impeachments.’’ rejected by the Framers.2 asked for a resolution of the competing Some have analogized the House’s role to a (2) Abuse of power claims between the President and the House. grand jury in criminal cases. Generally Rather than wait for a judicial determina- The President’s lawyers charge that speaking, a grand jury may issue an indict- tion in this interbranch dispute, the House ment, also known as a ‘‘true bill,’’ only if it ‘‘abuse of power’’ alleged in the first Article withdrew its subpoena and affirmatively dis- of Impeachment is not a crime, much less a finds, based upon the evidence that has been claimed any desire to pursue Kupperman’s presented to it, that there is probable cause ‘‘high’’ crime, nor a violation of established testimony in the future.5 The House also de- law. This argument raises Due Process of to believe that a crime has been committed cided not to subpoena Bolton or any other by a criminal suspect. Law concerns with regard to notice of what key witnesses in the administration. is prohibited. As Justice Antonin Scalia ob- Instead, the House elected to push through But impeachment is not, strictly speaking, served shortly before his death in the crimi- impeachment with an abbreviated period of a criminal case, even though the Constitu- nal context, ‘‘invoking so shapeless a provi- roughly three months and declared any delay tion speaks in terms of ‘‘conviction’’ and the sion to condemn someone . . . does not com- by President Trump, even to seek judicial re- impeachment standard is ‘‘treason, bribery, port with the Constitution’s guarantee of view, to be obstruction of Congress and a or other high crimes and misdemeanors.’’ due process.’’ 3 high crime and misdemeanor. The Adminis- Contrast that with Article 1, Section 3, Moreover, they argue that ‘‘abuse of tration is currently in court challenging de- Clause 7: ‘‘the Party convicted shall never- power’’ is tantamount to ‘‘maladministra- mands for witnesses and documents. Just a theless be liable and subject to Indictment, tion,’’ which was rejected by the Framers. couple weeks ago, the Supreme Court accept- Trial, Judgment and Punishment, according There is little doubt that a vague and ambig- ed such cases for review and stayed the lower to Law.’’ In other words, the constitutional uous charge in an Article of Impeachment court decisions ordering the production of prohibition of double jeopardy does not can be a generalized accusation into which President Trump’s financial records from apply. the House can lump all of their political, pol- third parties.6 Still, the House impeached Neither are Senators jurors in the usual icy, and personal differences with a Presi- President Trump before the Supreme Court sense of being ‘‘disinterested’’ in the facts or dent. This should be avoided. or other federal courts could rule on the outcome. Senators take the following oath: The House Managers say no crime is re- merits of claims of presidential privileges ‘‘Do you solemnly swear that in all things quired for impeachment, and that abuse of and immunities in this impeachment in- appertaining to the trial of the impeachment power, which incorporates a host of nefar- quiry. of Donald John Trump, President of the ious acts, is all that is required. No violation The essence of the House’s second Article United States, now pending, you will do im- of criminal statutes is alleged, nor required of Impeachment is that it is Obstruction of partial justice according to the Constitution they say, and they disagree that abuse of Congress to decline to voluntarily submit to and laws, so help you God?’’ power equates with ‘‘maladministration.’’ the House’s inquiry and forgo any claims of Hamilton wrote in Federalist 65 the Senate They point to Alexander Hamilton’s state- presidential privileges or immunities. One was chosen as the tribunal for courts of im- ment in Federalist 65 that impeachable of- interpretation of these facts is that the peachment because: fenses are ‘‘those offenses which proceed House simply gave up pursuing the testi- ‘‘Where else than in the Senate could have from the misconduct of public men, or, in mony in the interest of speed. While un- been found a tribunal sufficiently dignified, other words, from the abuse or violation of doubtedly litigation would have delayed for or sufficiently independent? What other body some public trust.’’ a time the House’s impeachment inquiry if would be likely to feel confidence enough in (3) Obstruction of Congress. they were determined to secure the testi- its own situation, to preserve, unawed and The House Permanent Select Committee mony they initially sought, it is clear that uninfluenced, the necessary impartiality be- on Intelligence issued dozens of subpoenas the President, and not the witnesses, would tween an individual accused, and the rep- and heard testimony from 17 witnesses. As to assert claims of executive privilege or abso- resentatives of the people, his accusers?’’ other witness subpoenas issued to members lute testimony immunity to protect the Of- Because impeachment is neither civil nor of the Trump Administration, White House fice of the Presidency. These claims are con- criminal in the usual sense, it must be some- Counsel Pat Cipollone argued in his October stitutionally based in the separation of pow- thing different. President Trump’s counsel 8, 2019 letter to Speaker of the House Pelosi ers, long-recognized by the Department of referred to the Senate role as sitting in a

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.001 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S876 CONGRESSIONAL RECORD — SENATE February 5, 2020 ‘‘High Court of Impeachment,’’ and ‘‘Democ- the courts. Given that the House chose to that Senators could use, literally, any stand- racy’s ultimate court.’’ Hamilton, in Fed- not seek judicial enforcement of subpoenas ard they wished. eralist 65, called it ‘‘a method of national in- during its impeachment inquiry because of This is significant on the issue of the quest.’’ concerns about delay, the question is do they President’s motive in seeking a corruption One of most significant disputes in the have a right to do so during the Senate trial? investigation from President Zelensky, one Senate impeachment trial of President If so, the President’s lawyers claim, such an that included former Vice President Biden Trump was the duty of the House to develop outcome would significantly protract a Sen- and his son, Hunter, and the company on evidence during its impeachment inquiry ate trial and permanently alter the relation- whose board he served, Burisma. The House and the duty of the Senate when new evi- ship between the House and Senate in im- Managers argued, repeatedly, that President dence is sought by one or both parties during peachment proceedings. Indeed, there is a Trump did not care about Ukrainian corrup- the trial. In addressing this issue, it is help- strong textual and structural argument that tion or burden sharing with allies and that ful to remind ourselves that the American the Constitution prohibits the Senate from his sole motive was to get information dam- system of justice is adversarial in nature. performing the investigative role assigned to aging to a political rival, Joe Biden. That is, it is a system that ‘‘resolves dis- the House. President Trump’s lawyers contend that he putes by presenting conflicting views of fact The House Managers contend that Chief has a record of concerns about burden shar- and law to an impartial and relatively pas- Justice John Roberts could rule on questions ing with allies, as well as corruption, and sive arbiter, who decides which side wins of privilege while presiding over the im- produced several examples. At most, they what.’’ 10 This system ‘‘consists of a core of peachment trial, avoiding delay during liti- say, his was a mixed motive—partly policy, basic rights that recognize and protect the gation, but the Chief Justice made clear his partly political—and in any event it was not dignity of the individual in a free society.’’ 11 was not a judicial role in the usual sense.13 a crime and thus not impeachable. The rights that comprise the adversary When the issue of whether the Chief Justice Therefore, the question arises: did the system include . . . the rights to call and to would be a tie-breaking vote came up during House Managers prove beyond a reasonable confront witnesses, and the right to require the trial, he said: ‘‘I think it would be inap- doubt that the sole motive for pausing mili- the government to prove guilt beyond a rea- propriate for me, an unelected official from a tary aid to Ukraine was for his personal ben- sonable doubt. . . . These rights, and others, different branch of government, to assert the efit? Or, did they fail to meet their burden? are also included in the broad and funda- power to change that result so that the mo- Conclusion mental concept [of] due process of law—a tion would succeed.’’ So it is that the Sen- Ultimately, the House Managers failed to concept which itself has been substantially ate, not the Chief Justice presiding in an es- prove beyond a reasonable doubt that Presi- equated with the adversary system.’’ 12 sentially ceremonial role during impeach- dent Trump’s sole motive for seeking any The adversarial nature of these pro- ment trials, determines disputed issues. This corruption investigation in Ukraine, includ- ceedings means that the House Managers conclusion is further supported by the rule ing of Hunter Biden, was for a personal polit- were obligated to develop their case, includ- that a majority of Senators are empowered ical benefit. This is particularly true given ing the evidence, in the House inquiry, and to effectively ‘‘overrule’’ an initial deter- the evidence of President Trump’s docu- not rely on the Senate to do so. In typical mination by the presiding officer. In the mented interest in financial burden sharing court proceedings, the failure of the pros- words of Senate Impeachment Rule Seven: with allies, and the widely shared concerns, ecutor to present sufficient evidence at trial ‘‘The presiding officer may, in the first in- including by the Obama/Biden Administra- results in dismissal, not in open-ended dis- stance, submit to the Senate, without a divi- tion, with corruption in Ukraine and the covery or a re-opened investigation. sion, all questions of evidence and incidental need to protect American taxpayers. President Trump’s lawyers argued that questions; but the same shall, on the demand Even if President Trump had mixed mo- there were three main errors in the House of one-fifth of the members present, be de- tives—a public interest combined with a per- proceedings: cided by yeas and nays.’’ The unseemliness sonal interest—the fact is the investigations (1) The House did not initially authorize of imposing this role on the Chief Justice is never occurred and the aid to Ukraine was the impeachment inquiry, thus delegating obvious and should be avoided. paused but delivered on schedule. Moreover, none of the above conduct rises its ‘‘sole power’’ to the Intelligence Com- (5) The Facts mittee, which issued dozens of subpoenas the to the level of a ‘‘high crime and mis- Of course, the main factual contentions of President deemed invalid; demeanor.’’ The first article, Abuse of (2) Numerous due process violations during the House Managers involve President Power, which charges no crime or violation the Intelligence Committee’s proceedings, Trump’s interest in an investigation of Hun- of existing law is too vague and ambiguous including denial of notice, counsel, cross ex- ter and Joe Biden’s role in Ukraine. They al- to meet the Constitution’s requirements. It amination, and the opportunity to call wit- lege the President’s ‘‘corrupt’’ motive to dig is simply a conclusion into which any dis- nesses; up dirt on a potential political rival is an agreeable conduct can be lumped. (3) And, finally, that as an interested fact abuse of power. The President’s lawyers Finally, the second article, Obstruction of witness regarding Intelligence Committee argue that it is clearly within the Presi- Congress, cannot be sustained on this record. contacts with the whistleblower, Chairman dent’s authority to investigate corruption The President’s counsel argued persuasively Schiff could not be said to have fairly con- and leverage foreign aid in order to combat that its subpoenas were largely unauthorized ducted the House investigation. it. Even if it incidentally helps the President in the absence of a House resolution dele- Again, the House Managers argue that the electorally, they argue it is not a ‘‘high gating its authority to a House committee. method by which the Articles of Impeach- crime and misdemeanor.’’ What’s more, the House never sought to en- ment were approved in the House cannot be But there are more basic factual conun- force its subpoenas in the courts, essentially challenged in the Senate trial given the drums. Any investigations discussed in the giving up efforts to do so in favor of expe- House’s ‘‘sole power to impeach.’’ July 25 conversation between Ukrainian diting the House impeachment inquiry. The Ominously, the President’s lawyers argue President Volodymyr Zelensky and Presi- desire to meet an arbitrary deadline before that whatever precedent was set by the Sen- dent Trump never occurred. And the foreign Christmas was prioritized over a judicial de- ate in this trial would be the ‘‘new normal’’ aid, including lethal defensive aid and weap- termination in the interbranch dispute. and govern not just this trial but all im- ons, was paused for just a short time and de- ENDNOTES livered on September 11, 2019, before the peachment trials in the future. They also 1. See Declaration of Independence (‘‘We argue that to make impeachment ‘‘too easy’’ deadline of September 30. The abuse of power alleged was based on hold these truths to be self-evident, that all in the House will result in more frequent men are created equal, that they are en- presidential impeachments being approved desired investigations and the withholding of foreign aid. But neither, ultimately, oc- dowed by their Creator with certain by this and future Houses, which the Senate unalienable Rights, that among these are would then be obligated to try. Similarly, curred. This is similar to an ‘‘attempted’’ offense under the criminal law. Indeed, the law Life, Liberty, and the pursuit of Happiness. they argue that the Senate should not re- That to secure these rights, Governments ward the failure of the House to litigate criminalizes a host of attempted offenses. But the Articles of Impeachment do not are instituted among Men, deriving their questions of presidential privileges and im- powers from the consent of the govern- munities in their impeachment inquiry and charge President Trump with any crimes, including any ‘‘attempted’’ offenses. ment.’’) transfer that burden to the Senate. An im- 2. See The Records of the Federal Conven- portant difference between the House and (6) Burden of Proof tion of 1787 (Max Farrand, ed., 1911). Senate is that House inquiries can be dele- President Trump’s counsel argued that the 3. Johnson v. United States, 135 S.Ct. 2551, gated to committees while the House con- appropriate burden of proof in this quasi- 2560 (2015). Chief Justice Roberts similarly ducts other business; not so in the Senate, criminal trial is ‘‘proof beyond a reasonable relied on Justice Scalia’s views when he which must sit as a court of impeachment doubt.’’ This point was not seriously con- raised due process concerns in the context of until the trial is completed. tested by the House Managers who repeat- an amorphous definition of corruption in the Thus, during a Senate impeachment trial, edly claimed the evidence in support of the criminal prosecution of public officials. absent unanimous consent—unlikely given Articles of Impeachment was ‘‘over- McDonnell v. United States, 136 S.Ct. 2355, 2373 the contentious nature of the proceedings— whelming.’’ Manager Jerry Nadler went fur- (2016). the Senate is precluded from any other busi- ther and claimed, repeatedly, that the evi- 4. A variation of these arguments came up ness, even during delays while executive dence produced was ‘‘conclusive’’ and in active litigation related to the House’s ac- privilege and similar issues are litigated in ‘‘uncontested.’’ Manager Zoe Lofgren argued cess to testimony and evidence connected

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.003 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S877 with Special Counsel Mueller’s investiga- partisan vote against impeachment; stitution is never again abused in this tion. The district courts rejected the White and the attempt to manipulate or even way. It is time to turn the page. It is House Counsel’s position. See House of Rep- prevent a trial here in the Senate— time to turn to a new politics of the resentatives v. McGahn, No. 1:19–cv–02379–KBJ, holding the Articles of Impeachment people and to a politics of home. It is 2019 WL 6312011 (D.D.C. Nov. 25, 2019) and In re Application of House of Representatives for for 33 days—in brazen defiance of the time to turn to the future—a future Release of Certain Grand Jury Materials, No. Constitution’s mandates. where this town finally accepts the 1:19–gj–00048, 2019 WL 5485221 (D.D.C. Oct. 25, The House Democrats have given us people’s judgment and the people’s ver- 2019). But those decisions are now on appeal, the first purely partisan impeachment dict and where this town finally deliv- and the D.C. Circuit heard argument in those in our history and the first attempt to ers for the people who elected them; a cases on January 3, 2020. remove an elected President that does future where the middle of our society 5. See Kupperman v. House of Representa- not even allege unlawful conduct. gets a fair shake and a level playing tives, 1:19–cv–03224–RJL, 2019 WL 729359 Animating it all has been the bitter field; a future where maybe—maybe— (D.D.C. Dec. 30, 2019). 6. See Order of Supreme Court dated De- resentment of a professional political this town will finally listen. cember 13, 2019 granting certiorari in Trump class that cannot accept the verdict of When I think of all the energy and all v. Mazars USA, 940 F.3d 710 (D.C. Cir. 2019); the people in 2016, that cannot accept the effort that has been expended on Trump v. Deutsche Bank, 943 F.3d 627 (2d Cir. the people’s priorities, and that now this impeachment crusade over almost 2019), and Trump v. Vance, 941 F.3d 631 (2d Cir. seeks to overturn the election and en- 3 years now, I wonder what might have 2019). The Supreme Court will hear argument trench themselves in power. That is been. in these cases on March 31, 2020. how we arrived at this moment, that is Today is a sad day, but it does not 7. Issues associated with executive privi- how we got here, and that is what this have to remain that way. Imagine what lege were litigated and resolved in the courts is really about. we might achieve for the good of this well in advance of the Nixon and Clinton im- Nation if we turn our energy and our peachments. Now it is time to bring this fiasco to 8. See December 17, 2019 Interview of Con- a close. It is time to end this cycle of effort to the work of the American peo- gressman Eric Swalwell by CNN’s Wolf retribution and payback and bitter- ple. Imagine what we could do to keep Blitzer (‘‘Unless you send those [witnesses] ness. It is time to end the abuse of our families in their homes and to bring to us, we can only conclude that you are institutions. It is time to let the ver- new possibility to the Nation’s heart- guilty, because in America, innocent men do dict of the people stand. So I will vote land and to care for our children in not hide and conceal evidence. In fact, . . . today to acquit the President of these every part of this society. Imagine they do just the opposite, they are forth- charges. what we could do to lift up the most coming and they want to cooperate, and the vulnerable among us who have been ex- President is acting like a very guilty per- You know, it has been clear for a son.’’) long time that impeachment is not a ploited and trafficked and give them 9. See Marbury v. Madison, 5 U.S. 137, 138 priority of the people—it is not even new hope and new life. Imagine what (1803) (‘‘An act of congress repugnant to the close. It is a pipe dream of politicians. we could do for those who have been constitution cannot become a law.’’) And as the Democrats have forced it on forgotten, from our rural towns to our 10. Monroe H. Freeman, ‘‘Our this country over these many months, inner cities. Imagine what we could do Constitutionalized Adversary System,’’ 1 it has sapped our energy and diverted to give them control over their own Chapman Law Rev. 57, 57 (1998). Justice destinies. Scalia noted that the adversarial system is our attention from the real issues that press upon our country, the issues the We can find the common good. We founded on ‘‘the presence of a judge who does can push the boundaries of the pos- not (as the inquisitor does) conduct the fac- people of this Nation have tried to get tual and legal investigation himself, but in- this town to care about for years. I sible. We can rebuild this Nation if we stead decides on the basis of facts and argu- mean the crisis of surging suicides and will listen to the American people. Let ments pro and con adduced by the parties.’’ drug addiction that is driving down life us begin. I yield the floor. McNeil v. Wisconsin, 501 U.S. 171, 181 n.2 (1991). expectancy in my State and across this 11. Id. The PRESIDING OFFICER. The Sen- 12. Id. Nation. I mean the crisis at the border, ator from Tennessee is recognized. 13. As even one of the witnesses who testi- where those drugs are pouring across. I Mr. ALEXANDER. Madam President, fied in the House has recognized, the Con- mean the crisis of skyrocketing in this impeachment proceeding, I stitution designates the Chief Justice to healthcare costs, which burden fami- worked with other Senators to make serve as presiding officer of the Senate for lies, young and old, with bills they can- presidential impeachments because the sure that we had the right to ask for not pay. I mean the crisis of affordable more documents and witnesses, but Framers understood the obvious conflict of housing, which robs parents of a safe interest and tension in allowing the Vice there was no need for more evidence to President to preside over the trial of the place to raise their children and build a prove something that I believe had al- President. Michael Gerhardt, The Constitu- life. I mean the crisis of trafficking and ready been proven and that did not tional Limits to Impeachment and Its Alter- exploitation, which robs our young meet the U.S. Constitution’s high bar natives, 68 Texas Law Review 1, 98 (1989). girls and boys of a future and our soci- for an impeachable offense. Mr. CORNYN. I yield the floor. ety of their innocence. I mean the cri- There was no need for more evidence I suggest the absence of a quorum. sis of the family farm and the crisis of to prove that the President asked The PRESIDING OFFICER (Mrs. education costs for those who go to col- Ukraine to investigate Joe Biden and LOEFFLER). The clerk will call the roll. lege and the lack of good-paying jobs his son, Hunter. He said this on tele- The senior assistant legislative clerk for those who don’t. I mean the crisis vision on October 3, 2019, and he said it proceeded to call the roll. of connectivity in our heartland, where during his July 25, 2019, telephone call Mr. HAWLEY. Madam President, I too many schoolchildren can’t access with the President of Ukraine. ask unanimous consent that the order the internet even to do their homework There was no need for more evidence for the quorum call be rescinded. at night. I mean the crisis of unfair to conclude that the President with- The PRESIDING OFFICER. Without trade and lost jobs and broken homes. held United States aid, at least in part, objection, it is so ordered. And I could go on. to pressure Ukraine to investigate the Mr. HAWLEY. Madam President, I My point is this: When I listen to the Bidens. The House managers have come here today with the business of people of my State, I don’t hear about proved this with what they called a impeachment before this Chamber. It impeachment. No, I hear about the ‘‘mountain of overwhelming evidence.’’ should hardly be necessary at this late problems of home and neighborhood, of One of the managers said it was juncture to outline again the train of family and community, about the loss ‘‘proved beyond a shadow of a doubt.’’ abuses and distortions and outright of faith in our government and about There was no need to consider fur- lies that have brought us to today’s the struggle to find hope for the future. ther the frivolous second Article of Im- impeachment vote: the secret meetings This town owes it to these Americans— peachment that would remove from the in the Capitol basement; the closed the ones who sent us here—finally to President and future Presidents—re- hearings without due process or basic listen, finally to act, and finally to do move this President for asserting his fairness; the failure of the House to fol- something that really matters to them. constitutional prerogative to protect low their own rules and authorize an We must leave this impeachment cir- confidential conversations with his impeachment inquiry and then the bi- cus behind us and ensure that our Con- close advisers.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.005 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S878 CONGRESSIONAL RECORD — SENATE February 5, 2020 It was inappropriate for the Presi- trial. ‘‘The Senate should remove the ored to do during this impeachment dent to ask a foreign leader to inves- President for extortion,’’ she said. proceeding. tigate his political opponent and to I replied to her: ‘‘I was not voting for Madam President, I ask unanimous withhold U.S. aid to encourage this in- or against the President. I was voting consent to include a few documents in vestigation. When elected officials infor the United States Constitution, the RECORD following my remarks. appropriately interfere with such in- which, in my view, does not give the They include an editorial from Feb- vestigations, it undermines the prin- Senate the power to remove a Presi- ruary 3 from the Wall Street Journal; ciple of equal justice under the law. dent from his office and from this an editorial from the National Review, But the Constitution does not give the year’s election ballot simply for ac- also dated February 3; an opinion edi- Senate the power to remove the Presi- tions that are inappropriate. The torial by Robert Doar, president of the dent from office and ban him from this United States Constitution says a American Enterprise Institute on Feb- year’s ballot simply for actions that President may be convicted only for ruary 1; an article from KnoxTNToday, are inappropriate. Treason, Bribery, and other High yesterday; and a transcript from my The question, then, is not whether Crimes and Misdemeanors. President appearance on ‘‘Meet the Press’’ on the President did it but whether the Trump’s actions regarding Ukraine are Sunday, February 2, 2020. These docu- Senate or the American people should a far cry from that. Plus,’’ I said, ‘‘un- ments illuminate and further explain decide what to do about what he did. I like the Nixon impeachment, when al- my statement today. believe that the Constitution clearly most all Republicans voted to initiate Thank you. provides that the people should make an impeachment inquiry, not one sin- There being no objection, the mate- that decision in the Presidential elec- gle Republican voted to initiate this rial was ordered to be printed in the tion that began on Monday in Iowa. impeachment inquiry against Presi- RECORD, as follows: The Senate has spent 11 long days dent Trump. The Trump impeach- [From the Wall Street Journal, Feb. 3, 2020] considering this mountain of evidence, ment,’’ I said to her, ‘‘was a completely EDITORIAL BOARD: LAMAR ALEXANDER’S FIN- the arguments of the House managers partisan action, and the Framers of the EST HOUR—HIS VOTE AGAINST WITNESSES and the President’s lawyers, their an- United States Constitution, especially WAS ROOTED IN CONSTITUTIONAL WISDOM swers to Senators’ questions, and the James Madison, believed we should Senate Republicans are taking even more House record. Even if the House never ever have a partisan impeach- media abuse than usual after voting to bar witnesses from the impeachment trial of charges were true, they don’t meet the ment. That would undermine the sepa- President Trump. ‘‘Cringing abdication’’ and Constitution’s ‘‘Treason, Bribery, or ration of powers by allowing the House ‘‘a dishonorable Senate’’ are two examples of other High Crimes and Misdemeanors’’ of Representatives to immobilize the the sputtering progressive rage. On the con- standard for impeachable offense. executive branch, as well as the Sen- trary, we think it was Lamar Alexander’s The Framers believed that there ate, by a perpetual partisan series of finest hour. never ever should be a partisan im- impeachments.’’ Well, she was not con- The Tennessee Republican, who isn’t run- peachment. That is why the Constitu- vinced. ning for re-election this year, was a decisive tion requires a two-thirds vote of the vote in the narrowly divided Senate on call- When our country was created, there ing witnesses. He listened to the evidence Senate to convict. Yet not one House never had been anything quite like it— and arguments from both sides, and then he Republican voted for these articles. a democratic republic with a written offered his sensible judgment: Even if Mr. If this shallow, hurried, and wholly Constitution. Perhaps its greatest in- Trump did what House managers charge, it partisan impeachment were to succeed, novation was the separation of powers still isn’t enough to remove a President from it would rip the country apart, pouring among the Presidency, the Supreme office.‘‘It was inappropriate for the president gasoline on the fire of cultural divi- Court, and the Congress. to ask a foreign leader to investigate his po- sions that already exist. It would cre- The late Justice Scalia said this of litical opponent and to withhold United ate a weapon of perpetual impeach- checks and balances: ‘‘Every tin horn States aid to encourage that investigation,’’ Mr. Alexander said in a statement Thursday ment to be used against future Presi- dictator in the world today, every night. ‘‘But the Constitution does not give dents whenever the House of Rep- president for life, has a Bill of Rights. the Senate the power to remove the presi- resentatives is of a different political . . . What has made us free is our Con- dent from office and ban him from this party. stitution.’’ What he meant was, what year’s ballot simply for actions that are in- Our founding documents provide for makes the United States different and appropriate.’’ duly elected Presidents who serve with protects our individual liberty is the The House managers had proved their case ‘‘the consent of the governed,’’ not at separation of powers and the checks to his satisfaction even without new wit- the pleasure of the U.S. Congress. Let nesses, Mr. Alexander added, but ‘‘they do and balances in our Constitution. not meet the Constitution’s ‘treason, brib- the people decide. The goal of our Founders was not to ery, or other high crimes and misdemeanors’ A year ago, at the Southeastern Con- have a King as a chief executive, on the standard for an impeachable offense.’’ Ne- ference basketball tournament, a one hand, or not to have a British-style braska Sen. Ben Sasse told reporters ‘‘let me friend of 40 years sitting in front of me parliament, on the other, which could be clear: Lamar speaks for lots and lots of turned to me and said: ‘‘I am very un- remove our chief executive or prime us.’’ happy with you for voting against the minister with a majority or no-con- This isn’t an abdication. It’s a wise judg- President.’’ She was referring to my fidence vote. The principle reason our ment based on what Mr. Trump did and the rushed, partisan nature of the House im- vote against the President’s decision to Constitution created a U.S. Senate is peachment. Mr. Trump was wrong to ask spend money that Congress hadn’t ap- so that one body of Congress can pause Ukraine to investigate Joe and Hunter propriated to build the border wall. and resist the excesses of the Executive Biden, and wrong to use U.S. aid as leverage. I believed then and now that the U.S. or popular passions that could run His call with Ukraine’s President was far Constitution gives to the Congress the through the House of Representatives from ‘‘perfect.’’ It was reckless and self-de- exclusive power to appropriate money. like a freight train. structive, as Mr. Trump often is. This separation of powers creates The language of the Constitution, of Nearly all of his advisers and several Sen- checks and balances in our government course, is subject to interpretation, but ators opposed his actions, Senators like Wis- consin’s Ron Johnson lobbied Mr. Trump that preserve our individual liberty by on some things, its words are clear. hard against the aid delay, and in the end not allowing, in that case, the Execu- The President cannot spend money the aid was delivered within the fiscal year tive to have too much power. that Congress doesn’t appropriate— and Ukraine did not begin an investigation. I replied to my friend: ‘‘Look, I was that is clear—and the Senate can’t re- Even the House managers did not allege spe- not voting for or against the President. move a President for anything less cific crimes in their impeachment articles. I was voting for the United States Con- than treason, bribery, high crimes and For those who want the best overall account stitution.’’ Well, she wasn’t convinced. misdemeanors, and two-thirds of us, of what happened, we again recommend the This past Sunday, walking my dog the Senators, must agree on that. That Nov. 18 letter that Mr. Johnson wrote to House Republicans. Rufus in Nashville, I was confronted by requires a bipartisan consensus. Mr. Alexander’s statement made two other a neighbor who said she was angry and We Senators take an oath to base our crucial points. The first concerns the damage crushed by my vote against allowing decisions on the provisions of our Con- that partisan removal of Mr. Trump would more witnesses in the impeachment stitution, which is what I have endeav- do to the country.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.009 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S879 ‘‘The framers believed that there should Since we already know the core of what As for the Senate trial being a ‘‘cover up,’’ never, ever be a partisan impeachment. That happened, Alexander explained, there was no as Democrats now insist it is, there is noth- is why the Constitution requires a 2/3 vote of need to hear from additional witnesses in the ing stopping the House—or the Senate, for the Senate for conviction. Yet not one House Senate trial. (On this theory of the case, the that matter—from seeking testimony from Republican voted for these articles,’’ Mr. Senate is in effect acting like an appellate John Bolton and others outside the confines Alexander noted. ‘‘If this shallow, hurried court, rendering a judgment on a threshold of the trial. This would be entirely reason- and wholly partisan impeachment were to question of law, rather than a trial court able congressional oversight (despite the succeed, it would rip the country apart, sifting through the facts.) White House arguing otherwise) and there is pouring gasoline on the fire of cultural divi- In the wake of Alexander’s statement, still a public interest in knowing as much as sions that already exist. It would create the other Senate Republicans endorsed his line possible about this matter, even if Trump weapon of perpetual impeachment to be used of analysis, which, it must be noted, is supe- isn’t going to be removed. against future presidents whenever the rior to the defense mounted by the White If nothing else, the last two weeks have House of Representatives is of a different po- House legal team over the last two weeks. been a forum for extensive discussion about litical party.’’ Because the president refused to acknowl- the respective powers of the two elected Does anyone who isn’t a Resistance par- edge what he did, his team implausibly de- branches of government. We are sympathetic tisan doubt this? Democrats and the press nied there was a quid pro quo and argued to the view that the executive branch has talk as if removing Mr. Trump is a matter of that one hadn’t been proven since there were too much power. If Congress seeks to remedy constitutional routine that would restore no first-hand witnesses. Obviously, this posi- this imbalance by impeaching and removing American politics to some pre-2016 nor- tion was at odds with the defense team’s in- presidents, though, it will be sorely dis- malcy. That’s a dangerous illusion. sistence that no further witnesses be called. appointed, since the two-thirds requirement The ouster of Mr. Trump, the political out- It also raised the natural question why, if for a Senate conviction is an almost insuper- sider, on such slender grounds would be seen people with firsthand knowledge had excul- able obstacle to removal (as both House Re- by half the country as an insider coup d’etat. patory information, the White House wasn’t publicans and House Democrats have experi- Unlike Richard Nixon’s resignation, it would eager to let them come forward. enced the last 20 years). never be accepted by Mr. Trump’s voters, Additionally, the White House maintained It would be better if Congress undertook a who would wave it as a bloody flag for years that a president can’t be impeached unless more systematic effort to take back prerogatives it has ceded to the executive branch to come. Payback against the next Demo- he’s guilty of a criminal violation. This is an and the courts. But we aren’t optimistic on cratic President when the Republicans re- erroneous interpretation of the Constitution, this score, since the same Democrats who take the House would be a certainty. although it is true that past presidential im- claim to be sticklers about congressional Mr. Alexander directed Americans to the peachments have involved violations of the power on the Ukraine matter won’t say a dis- better solution of our constitutional bed- law and that such violations provide a bright couraging word about Elizabeth Warren’s rock. ‘‘The question then is not whether the line that’s missing if the charge is only and Bernie Sanders’s promised adventures in president did it, but whether the United abuse of power. Alan Dershowitz argued this position most aggressively for the presi- unilateral rule as president. States Senate or the American people should At the end of the day, Nancy Pelosi im- decide what to do about what he did,’’ his dent’s defense, and made it even worse by briefly seeming—before walking it back—to peached knowing that the Senate wouldn’t statement said. ‘‘Our founding documents convict, and so here we are—with nine argue that anything a president does to ad- provide for duly elected presidents who serve months to go until voters get to make their vance his reelection is properly motivated. with ‘the consent of the governed,’ not at the judgment: not just about Ukraine, but about pleasure of the United States Congress. Let As for the House managers, they were at their strongest making the case that the the last four years and Trump’s eventual op- the people decide.’’ ponent. Democrats and their allies in the media president had done what they alleged, and their weakest arguing that he should be re- have spent three years trying to nullify the [From the AEI, Feb. 1, 2020] election their candidate lost in 2016. They moved for it. They tried to inflate the gravity of ALEXANDER GOT IT RIGHT: IT TAKES MORE TO have hawked false Russian conspiracy theo- REMOVE A PRESIDENT ries, ignored abuse by the FBI, floated fan- Trump’s offense by repeatedly calling it (By Robert Doar) tasies about triggering the 25th Amendment, ‘‘election interference.’’ At the end of the and tried to turn bad presidential judgment day, though, what the Trump team sought ‘‘It was inappropriate for the president to toward Ukraine into an impeachable offense. was not an investigation of Joe or Hunter ask a foreign leader to investigate his polit- Yet Mr. Trump’s job approval rating has in- Biden, but a statement by the Ukrainians ical opponent and to withhold United States creased during the impeachment hearings that they’d look into Burisma, the Ukrain- aid to encourage that investigation. When and trial. ian company on whose board Hunter Biden elected officials inappropriately interfere Our friendly advice to Democrats and the sat. The firm has a shady past and has been with such investigations, it undermines the impeachment press is to accept that you lost investigated before. Trump should have principle of equal justice under the law. But fair and square in 2016 and focus on nomi- steered clear of anything involving his po- the Constitution does not give the Senate nating a better Democratic candidate this tential opponent, but it’s not obvious that a the power to remove the president from of- year. On the recent polling evidence, that new Burisma probe would have had any ef- fice and ban him from this year’s ballot sim- task is urgent. In the meantime, thank you, fect on 2020 (the vulnerability for Biden is ply for actions that are inappropriate.’’ Lamar Alexander. Hunter’s payments, which are already on the Republican Sen. Lamar Alexander’s words record) and, of course, the announcement of reminded me of the struggle my father, John [From the National Review, Feb. 3, 2020] an investigation never happened. Doar, had as he considered whether the con- They said that Trump’s seeking this duct of President Richard Nixon was so seri- EDITORIAL BOARD: LAMAR ALEXANDER GETS Ukrainian interference was in keeping with ous that it should lead the House to impeach IT RIGHT his welcoming of Russian meddling, imply- him and the Senate to remove him from of- The impeachment saga is drawing to a ing that Trump had been found guilty of fice. Dad was in charge of the House Judici- close. colluding with the Russians in 2016, rather ary Committee staff, which took seven The Senate is prepared to acquit without than exonerated. (Part of the complaint here months (between December 1973 and July hearing from witnesses, after Lamar Alex- is that Trump made use of material that 1974) to examine the evidence and consider ander, a swing vote, came out against calling emerged via Russian hacking. Then again, so the question. What he concluded, and what them late last week. did Bernie Sanders in his fight with the the House Judiciary Committee by bipar- In his statement, Alexander expressed the DNC.) tisan majorities also found, was that Nixon correct view on the underlying matter—one They alleged that the brief delay in aid to deserved impeachment and removal for a we have been urging Republicans to publicly Ukraine somehow endangered our national pattern of conduct over a multi-year period adopt since impeachment first got off the security, a risible claim given that the that both obstructed justice and abused ground. Ukrainians got the aid and that Trump has power. The Tennessee Republican said that it has provided Ukraine lethal assistance that So the first article, concerning obstruction been amply established that Donald Trump President Obama never did. of justice, found that Nixon and his subordi- used a hold on defense aid to pressure the They accused the president of obstruction nates had tampered with witnesses and Ukrainians to undertake the investigations of justice for asserting privileges invoked by interfered with the Department of Justice’s that he wanted, and that this was, as he other presidents and not producing docu- investigations. They had paid hush money mildly put it, inappropriate. But this mis- ments and witnesses on the House’s acceler- and attempted to misuse the CIA. And they conduct, he argued, doesn’t rise to the level ated timeline, a charge that White House had lied repeatedly to investigators and the of the high crimes and misdemeanors re- lawyer Patrick Philbin effectively disman- American people. quired to remove a president from office. If tled. On abuse of power, Nixon was found to the Senate were to do so anyway, it would Finally, they insisted that a trial without have misused his authority over the IRS, the further envenom the nation’s partisan di- witnesses wouldn’t be fair, despite making FBI, the CIA, and the Secret Service to de- vide. Besides, there is a national election no real effort to secure the new witnesses feat political opponents and protect himself, looming where the public itself can decide during their own rushed impeachment in- and in the process he had violated the con- whether Trump should stay in office or not. quiry. stitutional rights of citizens. After he came

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.006 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S880 CONGRESSIONAL RECORD — SENATE February 5, 2020 under suspicion, he tried to manipulate these But if Trump is to be removed from office, wrote the constitution was almost fear of agencies to interfere with the investigation. let the voters do it. foreign interference. President Trump’s conduct toward If you believe that Trump didn’t hold up Alexander: That’s true. Ukraine, though inappropriate, differs sig- aid to Ukraine or that he didn’t ask them to Todd: So, and here it is. nificantly from Nixon’s in one crucial re- investigate Joe Biden you have surrendered Alexander: Well, if you hooked up with spect. Where Nixon’s impeachable abuse of your critical faculties or you haven’t been Ukraine to wage war on the United States, power occurred over a period of several paying attention. as the first Senator from Tennessee did, you years, the conduct challenged by the House’s Joe and Hunter Biden should be inves- could be expelled, but this wasn’t that. What impeachment of Trump was not nearly as tigated. By the FBI. I understand Trump’s the president should have done was, if he was prolonged. From July to September of last frustration that the mainstream media could upset about Joe Biden and his son and what year, Trump attempted to cajole a foreign not be counted on to investigate what should they were doing in Ukraine, he should’ve government to open an investigation into his be disqualifying information about Biden’s called the Attorney General and told him political opponent. That conduct was wrong. presidential run. (In the media’s defense, that and let the Attorney General handle it But it’s not the same as what Nixon did over Trump’s kids are also trading off their fa- the way they always handle cases that in- multiple years. ther’s position.) Trump’s problem is that involve public things. This contrast brings to light a critical dif- stead of turning to the FBI he turned the Todd: Why you think he didn’t do that? ference between the House’s behavior in 1974 problem over to Rudy Giuliani and a couple Alexander: Maybe he didn’t know to do it. Todd: Okay. This has been a rationale that and its efforts today. When Nixon’s actions of his questionable associates, otherwise I’ve heard from a lot of Republicans. Well came to light, the House conducted an im- known as the ‘‘Gang Who Couldn’t Shoot boy, he’s still new to this. peachment the right way: The House Judici- Straight.’’ Alexander: Well, a lot of people come to ary Committee took seven months to exam- I doubt you could find 10 Republican senators who, in their heart of hearts, didn’t Washington— ine all of the evidence, built up a theory of Todd: At what point though, is he no agree with Lamar’s position. Many have the case which matched the Constitution’s longer new to this? echoed his argument. But it will be Lamar requirements, and produced charges that im- Alexander: The bottom line is not an ex- who will take the heat. plicated the president and his subordinates cuse. He shouldn’t have done it. And I said he in a pattern of impeachable conduct. Faced shouldn’t have done it and now I think it’s [From Meet the Press, Feb. 2, 2020] with certain impeachment and removal from up to the American people to say, okay, good office, Nixon resigned. What Trump at- INTERVIEW WITH SENATOR LAMAR economy, lower taxes, conservative judges, tempted to do, as Alexander rightly sees, is ALEXANDER, U.S. SENATOR FOR TENNESSEE behavior that I might not like, call to not that. Chuck Todd: Republican Senator Lamar Ukraine. And weigh that against Elizabeth Alexander is right about one other thing— Alexander of Tennessee. Senator Alexander, Warren and Bernie Sanders and pick a presi- we should let the people decide who our next welcome back. dent. president should be. Senator Lamar Alexander: Thank you, Todd: Are you at all concerned though Chuck. when you seek foreign interference? He does [From the Knox TN Today, Feb. 4, 2020] Todd: So one of the reasons you gave in not believe he’s done anything wrong. That LAMAR WAS RIGHT your release about not voting for more wit- what has happened here might encourage (By Frank Cagle) nesses is that—and to decide that, okay, this him that he can continue to do this? trial is over, let’s let the people decide—was Alexander: I don’t think so. I hope not. I Since I’m older than dirt, there have been that the election was too close. So let me mean, enduring an impeachment is some- occasions over the years when first-term ask you though, on the witness vote itself, thing that nobody should like. Even the state legislators would ask me if I had any would it be helpful for the people to decide if president said he didn’t want that on his re- advice for them. they had more information? sume. I don’t blame him. So, if a call like Yes. Alexander: Well, I mean, if you have eight When a major and controversial issue that gets you an impeachment, I would witnesses who say someone left the scene of think he would think twice before he did it looms study it, decide where you are and let an accident, why do you need nine? I mean, everyone know where you are. In other again. the question for me was, do I need more evi- Todd: What example in the life of Donald words, pick a side early, have a reputation dence to conclude that the president did Trump has he been chastened? for keeping your word, and do not be known what he did? And I concluded no. So I voted. Alexander: I haven’t studied his life that as a member who will go where the wind Todd: What do you believe he did? close, but, like most people who survive to blows. Alexander: What I believe he did. One, was make it to the Presidency, he’s sure of him- Make sure you do not get into the group that he called the president of Ukraine and self. But hopefully he’ll look at this and say, known as the undecideds. You will get ham- asked him to become involved in inves- okay, that was a mistake I shouldn’t have mered by both sides, wooed by both sides and tigating Joe Biden, who was— done that, shouldn’t have done it that way. hounded by the media. And finally, do not Todd: You believe his wrongdoing began And he’ll focus on the strengths of his Ad- under any circumstances be the deciding there, not before? ministration, which are considerable. vote. Yours will be the only vote anyone re- Alexander: I don’t know about that, but he Todd: Abuse of power, define it. members. admitted that. The president admitted that. Alexander: Well, that’s the problem with You would think someone who has been He released the transcript. He said it on tele- abuse of power. As Professor Dershowitz said around as long as Lamar Alexander could vision. The second thing was, at least in during his argument, he had a list of 40 presi- avoid this trap. But not so. In the impeach- part, he delayed the military and other as- dents who’d been accused of abuse of power ment trial of President Trump, he got the sistance to Ukraine in order to encourage from Washington to Obama. So it’s too label undecided, he was then hounded by the that investigation. Those are the two things vague a standard to use to impeach a presi- media and hammered by both sides over he did. I think he shouldn’t have done it. I dent. And the founders didn’t use it. I mean, whether he would march in lockstep with think it was wrong. Inappropriate was the they said, I mean, think of what a high bar Majority Leader Mitch McConnell or wheth- way I’d say it, improper, crossing the line. they set. They said treason, bribery, high er he would vote to call more witnesses as And then the only question left is, who de- crimes or misdemeanors. And then they said the Democrats wanted. cides what to do about that? Todd: What do you think they meant by And horror of horrors, he was the deciding Todd: Well, who decides what to do with misdemeanors? Violation of a public trust. vote and the only one that will be remem- that? Alexander: At the time they used it, mis- bered. When he announced how he would Alexander: The people. The people is my demeanor meant a different thing in Great vote the ‘‘more witnesses’’ movement col- conclusion. You know, it struck me really Britain. But I think Dershowitz was right. It lapsed. for the first time early last week, that we’re was something akin to treason, bribery and Alexander now finds himself being excori- not just being asked to remove the president other high crimes and misdemeanors, very ated by both sides. The Trump supporters from office. We’re saying, tell him you can’t high. And then in addition to that, two will never forget his failure to fall in line run in the 2020 election, which begins Mon- thirds of us in the Senate have to agree to and salute. The anti-Trumpers are express- day in Iowa. that, which is very hard to do, which is why ing their disappointment. Todd: If this weren’t an election year, we’ve never removed a president this way in I’ve never been a Lamar fan. But I would would you have looked at this differently? 230 years. like to make the case that he did exactly the Alexander: I would have looked at it dif- Todd: One of your other reasonings was the right thing and he expressed the position of ferently and probably come to the same con- partisan nature of the impeachment vote the majority of his Republican colleagues. clusion because I think what he did is a long itself in the House. Except now we are an- He, and anyone who has been paying atten- way from treason, bribery, high crimes and swering a partisan impeachment vote in the tion, says Trump did what he was accused of misdemeanors. I don’t think it’s the kind of House with a partisan, I guess, I don’t know and what he did was wrong—inappropriate. inappropriate action that the framers would what we would call this right now. But it did not rise to the level of removing expect the Senate to substitute its judgment Alexander: Well you all it acquittal. That’s him from office. There was no point in lis- for the people in picking a president. what happens. tening to additional witnesses and dragging Todd: Does it wear on you though that one Todd: An acquittal, but essentially also, on things out. Everyone knew he was guilty. of the foundational ways that the framers how the trial was run—a partisan way from

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.007 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S881 the trial. So, if we make bipartisanship a case, the House voted 410 to four to authorize Todd: Do you think it’s more helpful for standard, if somebody has a stranglehold on an inquiry. That means that it authorized the public to hear from John Bolton? a base of a political party, then what you’re subpoenas by the judiciary committee for Alexander: They’ll read his book in two saying is, you can overcome any impeach- impeachment. This House never did that. weeks. able offense as long as you have this stran- And so, all the subpoenas that they asked for Todd: You don’t want to see him testify. glehold on a group of people. were not properly authorized. That’s the rea- Alexander: Well, if the question is do I Alexander: Well, as far as what the Senate son that the president didn’t respond to need more evidence to think the president did, I thought we gave a good hearing to the them. did it, the answer is no. I guess I’m coming case. I mean, I help make sure that we didn’t Todd: Bill Clinton offered regret for his be- back to this issue—if you looked at it as an dismiss it. We heard it. There were some who havior. This president has not. Does that isolated incident, here he is using Russian wanted to dismiss it. I helped make sure that bother you? propaganda in order to try to talk to this we had a right to ask for more evidence if we Alexander: Well, there hasn’t been a vote new president of Ukraine. That’s alarming. yet either, so we’ll see what he says and needed it, which we thought we didn’t. We Where is he getting this CrowdStrike propa- does. I think that’s up to him. heard, we saw videotapes of 192 times that ganda. My view is that that is Russian prop- Todd: You’re comfortable acquitting him witnesses testified. We sat there for 11 and 12 aganda. Maybe he has information that I hour days for nine days. So, I think we heard before he says something of regret. Would that not, would that not help make your ac- didn’t have. the case pretty well, but the partisan points, Todd: Okay. Are you definitely voting to the most important point to me, James quittal vote? Alexander: Well, I wasn’t asked to decide acquit or do you think you may vote Madison, others thought there never, ever who says his level of regret. I was asked, did present? should be a wholly partisan impeachment. he make a phone call and did he, at least in Alexander: No question. I’m going to vote And if you look at Nixon, when the vote that part, hold up aid in order to influence an in- to acquit. I’m very concerned about any ac- authorized that inquiry was 410 to four and vestigation of Joe Biden? I concluded yes. So tion that we could take that would establish you look at Trump, where not a single Re- I don’t need to assess his level of regret. a perpetual impeachment in the House of publican voted for it. If you start out with a What I hope he would do is when he makes Representatives whenever the House was a partisan impeachment, you’re almost des- his State of the Union address, that he puts different party than the president. That tined to have a partisan acquittal. this completely behind him, never mentions would immobilize the Senate. You know, we Todd: Alright, but what do you do if you it and talks about what he thinks he’s done have to take those articles, stop what we’re have somebody who has the ability to essen- for the country and where we’re headed. He’s doing, sit in our chairs for 11 hours a day for tially be a populist? You know, be somebody got a pretty good story to tell. If he’ll focus three or four weeks and consider it. And it who is able to say it’s fake news. It’s deep on it. would immobilize the presidency. So I don’t state. Don’t trust this. Don’t trust that. The Todd: You’re one of the few people that de- want a situation—and the framers didn’t ei- establishment is doing this. And so don’t tailed what you believe he did wrong. One of ther—where a partisan majority in the house worry about truth anymore. Don’t worry the few Republicans that have accepted the of either party can stop the government. about what you hear over there. I mean, facts as they were presented. Mitt Romney Todd: You used the phrase ‘‘pour gasoline some may say I’m painting an accurate pic- was just uninvited from CPAC. Mike Pompeo on a fire.’’ ture. Some may be saying I’m painting a can’t speak freely in talking about Maria Alexander: Yeah. radical picture. But how do you prevent Bonovich, the ousted ambassador. Is there Todd: It certainly struck home with me that? room for dissent in the Republican party Alexander: Well, the way you prevent that reading you saying something that I’ve been right now? thinking long and hard about. How con- in our system, according to the Declaration Alexander: Well, I believe there is. I mean, of Independence, is we have duly elected cerned are you about the democracy as it I dissent when I need to. Whether it’s on— stands right now? presidents with the consent of the governed. Todd: —not easy though right now, is it? So we vote them out of office. The other Alexander: Well, I voted in a way that not Alexander: Well, I’m concerned and I want thing we do is, as in the Nixon case, Nixon everybody appreciated on immigration. Just to give credit to Marco Rubio because that’s had just been elected big in 1972 big time, before I was reelected, I voted against the really his phrase. I borrowed it from him— only lost only one state, I think. But then a president’s decision to use what I thought pouring gasoline on the cultural fires. consensus developed, a bipartisan consensus, was unauthorized money to build a wall, Todd: He went a step further. He said this that what he was doing was wrong. And then even though I think we need the wall. I said, was an impeachable offense, but he was un- when they found the crimes, he only had 10 I thought he did it this past week and we’ll comfortable in an election year. or 12 votes that would have kept him in the vote to acquit him. So I’m very comfortable Alexander: But, I’m concerned about the Senate. So he quit. So those are the two op- saying what I believe. And I think others can divisions in the country. They’re reflected in tions you have. as well. the Senate. They make it harder to get a re- Todd: Have we essentially eliminated im- Todd: You know, in that phone call, there’s sult. I mean, I work pretty hard to get re- peachment as a tool for a first-term presi- one thing on the phone call that I’m sur- sults on healthcare, making it easier to go to dent? prised frankly, hasn’t been brought up more college. And we’ve had some real success Alexander: No, I don’t think so. I think im- by others. It’s the mere mention of the word, with it. But the Senate is for the purpose of peachment as a tool should be rarely used CrowdStrike is a Russian intelligence sort of solving big problems that the country will and it’s never been used in 230 years to re- piece of propaganda that they’ve been circu- accept. And that goes back to what happened move a president. There been 63 impeach- lating. Does it bother you that the President this past week. The country would not have ments, eight convictions. They’re all federal of United States is reiterating Russian prop- accepted the Senate saying to it, you can’t judges on a lower standard. aganda? vote for or against President Trump in the Todd: Does it bother you that the presi- Alexander: Yes. I think that’s a mistake. I Iowa caucus, New Hampshire primary, or the dent’s lead lawyer, Pat Cipollone, is now fin- mean if you, see what’s happening in the election this year. gered as being in the room with John Bolton Baltic States where Russians have a big Todd: Are you glad you’re leaving? the first time the president asked John warehouse in St. Petersburg in Russia where Alexander: No, I’ve really loved being in Bolton to call the new President of Ukraine they’re devoted to destabilizing Western de- the Senate, but it’s time for me to go on, and have him take a meeting with Rudy mocracies. I mean, for example, in one of the turn the page, think of something else to do. Giuliani? And I say that because Pat Baltic States, they accused a NATO officer It’ll be my third permanent retirement. Cipollone is up there arguing that there’s no of raping a local girl—of course it didn’t hap- Todd: You’ve retired a few times, is this direct evidence and yet, he may have been a pen, but it threw the government in a com- one going to stick? firsthand witness. plete disarray for a week. So I think we need Alexander: Well, we’ll see. Alexander: Well, it doesn’t have anything to be sensitive to the fact that the Russians Todd: Senator Lamar Alexander, Repub- to do with my decision because my decision are out to do no good to destabilize Western lican from Tennessee, our always thoughtful was, did the president do it, what he’s democracies, including us. And be very wary guest. Thanks for coming on. charged with? He wasn’t charged with a of theories that Russians come up with and Alexander: Thank you, Chuck. crime. He was charged with two things. And peddle. my conclusion was, he did do that and I don’t Todd: Well, I was just going to say this, is The PRESIDING OFFICER. The Sen- need any more evidence to prove it. That it not alarming? The President of United ator from Nebraska is recognized. doesn’t have anything to do with where States in this phone call and you clearly are Mr. SASSE. Madam President, I ask Cipollone was. judging him on the phone, more so than, unanimous consent to introduce into Todd: No, I say that does it only reinforce Alexander: Well the phone call and the evi- the Senate RECORD and into the im- what some believe is that the White House dence. There was plenty of evidence. I mean peachment trial record an op-ed that I was disingenuous about this the whole time. the House managers came to us and said, we wrote in the Omaha World-Herald this have overwhelming evidence. We have a They’ve been disingenuous about how morning. they’ve handled subpoenas from the House or mountain of evidence and we approve it be- requests from the House. yond a shadow of a doubt. Which made me There being no objection, the mate- Alexander: I don’t agree with that Chuck, think, well then why do you need more evi- rial was ordered to be printed in the either. The fact of the matter is in the Nixon dence? RECORD, as follows:

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.008 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S882 CONGRESSIONAL RECORD — SENATE February 5, 2020 [From the Omaha World Herald, Feb. 4, 2020] add to the reality already established: The The Senate trial of Donald Trump MIDLANDS VOICES: OPEN LETTER FROM BEN aid delay was wrong. has been a miscarriage of justice. Don- SASSE PRESENTS HIS TAKE ON IMPEACHMENT But in the end, the president wasn’t se- ald Trump is going to get away with duced by the most malign voices; his honest (By Ben Sasse) abusing his position of power for per- advisers made sure Ukraine got the aid the Impeachment is serious. It’s the ‘‘Break law required. And importantly, this hap- sonal gain, abusing his position of Glass in Case of Emergency’’ provision of the pened three weeks before the legal deadline. power to stop Congress from looking Constitution. To repeat: The president’s official staff re- into his misconduct and falsely claim I plan to vote against removing the presi- peatedly prevailed upon him, Ukraine ulti- he has been exonerated. He is going to dent, and I write to explain this decision to mately got the money, and no political in- escape accountability because a major- the Nebraskans on both sides who have advo- vestigation was initiated or announced. ity of Senators have decided to let him. cated so passionately. You don’t remove a president for initially They voted repeatedly to block key An impeachment trial requires senators to listening to bad advisors but eventually tak- carry out two responsibilities: We’re jurors evidence like witnesses and documents ing counsel from better advisors—which is that could have shed light on the full sworn to ‘‘do impartial justice.’’ We’re also precisely what happened here. elected officeholders responsible for pro- There is another prudential question, truth. moting the civic welfare of the country. We though, beyond the facts of the case: What is We must recognize that still in must consider both the facts before us, and the right thing for the long-term civic health America there are two systems of jus- the long-term effects of the verdict rendered. of our country? Will America be more stable tice—one for the powerful and another I believe removal is the wrong decision. in 2030 if the Senate—nine months from Elec- for everyone else. So let’s speak the Let’s start with the facts of the case. It’s tion Day 2020—removes the president? truth about what our two systems of clear that the president had mixed motives In our Constitution’s 232 years, no presi- justice actually mean in the real world. in his decision to temporarily withhold mili- dent has ever been removed from office by It means that in our country too many tary aid from Ukraine. The line between per- the Senate. Today’s debate comes at a time people walk into courthouses and face sonal and public was not firmly safeguarded. when our institutions of self-government are But it is important to understand, whether suffering a profound crisis of legitimacy, on systemic bias. Too often they lack ade- one agrees with him or not, three things both sides of the aisle. This is not a new cri- quate legal representation, whether President Trump believes: sis since 2016; its sources run much deeper they are overworked, underpaid, or He believes foreign aid is almost always a and longer. both. It means that a young man bad deal for America. I don’t believe this, We need to shore up trust. A reckless re- named Emmett Till was falsely ac- but he has maintained this position consist- moval would do the opposite, setting the na- cused and then murdered, but his mur- ently since the 1980s. tion on fire. Half of the citizenry—tens of derer didn’t have to spend a day in jail. He believes the American people need to millions who intended to elect a disruptive know the 2016 election was legitimate, and It means that four young Black men outsider—would conclude that D.C. insiders have their lives taken and turned up- he believes it’s dangerous if they worry Rus- overruled their vote, overturned an election sia picked America’s president. About this, and struck their preferred candidate from side-down after being falsely accused of he’s right. the ballot. a crime in Groveland, FL. It means He believes the Crowdstrike theory of 2016, This one-party removal attempt leaves that, right now, too many people in that Ukraine conducted significant meddling America more bitterly divided. It makes it America are sitting in jail without in our election. I don’t believe this theory, more likely that impeachment, intended as a having yet been convicted of a crime but the president has heard it repeatedly tool of last resort for the most serious presi- but simply because they cannot afford from people he trusts, chiefly Rudy Giuliani, dential crimes, becomes just another bludg- bail. And it means that future Presi- and he believes it. eon in the bag of tricks for the party out of dents of the United States will remem- These beliefs have consequences. When the power. And more Americans will conclude president spoke to Ukraine’s president that constitutional self-government today is ber that the U.S. Senate failed to hold Zelensky in July 2019, he seems to have be- nothing more than partisan bloodsport. Donald Trump accountable, and they lieved he was doing something that was si- We must do better. Our kids deserve bet- will be emboldened to abuse their multaneously good for America, and good for ter. Most of the restoration and healing will power knowing there will be no con- himself politically—namely, reinforcing the happen far from Washington, of course. But sequence. legitimacy of his 2016 victory. It is worth re- this week, senators have an important role: Donald Trump knows all this better membering that that phone call occurred Get out of the way, and allow the American than anybody. He may not acknowl- just days after Robert Mueller’s two-year in- people to render their verdict on election edge that we have two systems of jus- vestigation into the 2016 election concluded day. that ‘‘the investigation did not establish tice, but he knows the institutions in Mr. SASSE. Thank you. this country, be it the courts or the that members of the Trump Campaign con- The PRESIDING OFFICER (Mr. spired or coordinated with the Russian gov- Senate, are set up to protect powerful SASSE). The Senator from California. ernment in its election interference activi- people like him. He told us as much ties.’’ Ms. HARRIS. Mr. President, when when, regarding the sexual assault of This is not a blanket excuse, of course. the Framers wrote the Constitution, women, he said, ‘‘When you’re a star, Some of the president’s lawyers have admit- they didn’t think someone like me they let you do it. You can do any- ted that the way the administration con- would serve as a U.S. Senator, but they thing.’’ He said that article II of the ducted policymaking toward Ukraine was did envision someone like Donald U.S. Constitution gives him, as Presi- wrong. I agree. The call with Zelensky was Trump being President of the United certainly not ‘‘perfect,’’ and the president’s dent, the right to do whatever he States, someone who thinks he is above wants. defense was made weaker by staking out the law and that rules don’t apply to that unrepentant position. Trump has shown us through his Moreover, Giuliani’s off-the-books foreign him. So they made sure our democracy words and actions that he thinks he is policy-making is unacceptable, and his role had the tool of impeachment to stop above the law. And when the American in walking the president into this airplane that kind of abuse of power. people see the President acting as propeller is underappreciated: His The House managers have clearly though he is above the law, it under- Crowdstrike theory was a bonkers attempt laid out a compelling case and evidence standably leaves them feeling distrust- not only to validate Trump’s 2016 election, of Donald Trump’s misconduct. They ful of our system of justice, distrustful and to flip the media’s narrative of Russian have shown that the President of the of our democracy. When the U.S. Sen- interference, but also to embarrass a possible United States of America withheld opponent. One certainty from this episode is ate refuses to hold him accountable, it that America’s Mayor shouldn’t be any military aid and a coveted White House reinforces that loss of trust in our sys- president’s lawyer. It’s time for the presi- meeting for his political gain. He want- tem. dent and adults on his team to usher Rudy ed a foreign country to announce—not Now, I am under no illusion that this off the stage—and to ensure that we do not actually conduct, announce—an inves- body is poised to hold this President normalize rogue foreign policy conducted by tigation into his political rivals. Then accountable, but despite the conduct of political operatives with murky financial in- he refused to comply with congres- the U.S. Senate in this impeachment terests. sional investigations into his mis- trial, the American people must con- There is no need to hear from any 18th im- conduct. Unfortunately, a majority of peachment witness, beyond the 17 whose tes- tinue to strive toward the more perfect timony the Senate reviewed, to confirm facts U.S. Senators, even those who concede Union that our Constitution promises. we already know. Even if one concedes that that what Donald Trump did was It is going to take all of us—in every John Bolton’s entire testimony would sup- wrong, are nonetheless going to refuse State, every town, everywhere—to con- port Adam Schiff’s argument, this doesn’t to hold him accountable. tinue fighting for the best of who we

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.010 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S883 are as a country. We each have an im- this lawless President and remove him personal and political interests with portant role to play in fighting for from office, and I urge my colleagues the national security and diplomatic those words inscribed on the U.S. Su- to join me on the right side of history. interests of our country. preme Court building: ‘‘Equal Justice I yield the floor. And then, as President Zelensky re- Under Law.’’ The PRESIDING OFFICER. The Sen- sisted the request that he concoct and Frederick Douglass, who I, like ator from New Hampshire. announce a fake investigation into the many, consider to be one of the Found- Ms. HASSAN. Mr. President, consid- Bidens, the President and Mr. Giuliani ers of our Nation, wrote that ‘‘the ering whether to convict a President of increased the pressure. Suddenly, and whole history of the progress of human the United States on Articles of Im- without explanation or a legally re- liberty shows that all concessions yet peachment is a solemn and consequen- quired notification to Congress, the made to her august claims have been tial duty, and I do not take it lightly. President ordered that previously ap- born of earnest struggle.’’ Even before we had a country, our proved and critically needed military The impeachment of Donald Trump Founders put forward the notion of aid to Ukraine be held up. has been one of those earnest struggles ‘‘country first,’’ pledging in the Dec- Mr. Trump, at first through Mr. for liberty, and this fight, like so many laration of Independence their lives, Giuliani, and then directly, solicited before it, has been a fight against tyr- fortunes, and sacred honor—a pledge interference with an American election anny. This struggle has not been an they made to an idea, imagining and from a foreign government. And he or- easy one, and it has left too many peo- hoping for a country where no one was dered others in his administration to ple across our Nation feeling cynical. above the law, where no one had abso- work with Mr. Giuliani to ensure this For too many people, this trial con- lute power. scheme’s success. firmed something they have always My dad, a World War II veteran, and While there is still more evidence known, that the real power in this my mom raised me to understand that that the Senate should have subpoe- country lies not with them but with this is what made our country the naed both witnesses and documents just a few people who advance their unique and indispensable democracy that would have given us a more com- own interests at the expense of others’ that it is. plete understanding of what happened, needs. For many, the injustice in this My obligation throughout this proc- we know as much as we do because of trial is yet another example of the way ess has been to listen carefully to the the courage and strength of American that our system of justice has worked case that the House managers put for- patriots who put country before self— or, more accurately, failed to work. ward and the defenses asserted by the patriots like the intelligence commu- But here is the thing. Frederick President’s lawyers, and then to care- nity whistleblower, who was followed Douglass also told us that ‘‘if there is fully consider the constitutional basis by Army Lieutenant Colonel Vindman, no struggle, there is no progress.’’ He for impeachment, the intent of our and former U.S. Ambassadors to went on to say: ‘‘Power concedes noth- Founders, and the facts. Ukraine Marie Yovanovitch and Wil- ing without a demand.’’ And he said: That is what I have done over the liam Taylor, as well as current mem- ‘‘It never did, and it never will.’’ past few days. The Senate heard exten- bers of the administration. In order to wrestle power away from sive presentations from both sides and These Americans who came forward the few people at the very top who answers to the almost 200 questions were doing exactly what we always ask abuse their power, the American people that Senators posed to the House man- of citizens: If you see something wrong, are going to have to fight for the voice agers and the President’s advocates. you need to speak up; ‘‘See something, of the people and the power of the peo- The facts clearly showed that Presi- say something.’’ It is a fundamental ple. We must go into the darkness to dent Trump abused the public’s sacred part of citizenship to alert each other shine a light, and we cannot be de- trust by using taxpayer dollars to ex- to danger, to act for the greater good, terred and we cannot be overwhelmed tort a foreign government into pro- to care about each other and our coun- and we cannot ever give up on our viding misinformation about a feared try without regard to political party. country. political opponent. When Americans step forward, some- We cannot ever give up on the ideals Let me repeat that. The President of times at real risk to themselves, they that are the foundation for our system the United States used taxpayer money rightly expect that their government of democracy. We can never give up on that had been authorized, obligated, will take the information they provide the meaning of true justice. And it is and cleared for delivery as critical and act to make them safer, to protect part of our history, our past, clearly, military aid to Ukraine to try to force their fundamental rights. That is the our present, and our future that, in that country to interfere in our elec- understanding between the American order to make these values real, in tions. He violated the law and the pub- people and their representative govern- order to make the promise of our coun- lic trust. And he put our national secu- ment. try real, we can never take it for grant- rity, and the lives of the Ukrainian sol- While the brave women and men who ed. diers on the frontlines of Russian ag- appeared before the House did their There will be moments in time, in gression at risk. jobs, the Senate, under this majority, history, where we experience incredible Although the country was alerted to has unfortunately not. Rather than disappointment, but the greatest dis- the possibility that the President had gathering full, relevant testimony appointment of all will be if we give crossed a critical line because of rev- under oath and with the benefit of up. We cannot ever give up fighting for elations about his now-infamous July cross-examination, the Senate major- who we know we are, and we must al- 25 phone call, it is not the phone call ity has apparently decided that despite ways see who we can be, unburdened by alone that led to the President’s im- what it has heard, it is not interested who we have been. That is the strength peachment. Instead, the phone call was in learning more; not interested in of our Nation. a pivotal point in a scheme that had learning more about how a President, So, after the Senate votes today, started earlier, spearheaded by Presi- his personal agent, and members of his Donald Trump will want the American dent Trump’s personal lawyer Rudy administration corrupted our foreign people to feel cynical. He will want us Giuliani. policy and put our Nation’s security at not to care. He will want us to think Mr. Giuliani has acknowledged that risk; not interested in learning more that he is all powerful and we have no he was doing the President’s personal about how they planned to use the power, but we are not going to let him and political bidding when he engaged power of his office to tilt the scales of get away with that. with the Ukrainian government. the next election to ensure that he We are not going to give him what he As the newly elected anti-corruption stays in power; not interested in learn- wants because the true power and po- Ukrainian Government came into ing more about how they worked to tential of the United States of America power, in need of recognition and sup- cover it up. resides not with the President but with port from the United States, President Increasingly, over the last few days, the people—all the people. Trump forced officials from Ukraine the President’s defense team and more So, in our long struggle for justice, I and the United States to negotiate and more of my colleagues in the Sen- will do my part by voting to convict through Mr. Giuliani, conflating his ate have acknowledged the facts of the

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While so many were arguing In keeping with my oath as Senator has shifted from ‘‘He didn’t do it’’ to over whether or not the Speaker of the and my oath to do impartial justice, I ‘‘He had a right to,’’ to ‘‘He won’t do it House should send Articles of Impeach- resolved that throughout this process, again,’’ or even ‘‘It doesn’t really mat- ment to the Senate, I was struggling I would keep an open mind, to consider ter.’’ with watching him slip away, while the evidence without regard to polit- I disagree so strongly. only occasionally trying to weigh in ical affiliation, and to hear all of the The idea that in our country, estab- with my voice to be heard about the evidence before making a final decision lished by the very rejection of a mon- need for witnesses in the upcoming im- on either charge against the President. archy, the President has absolute peachment trial. My dad was a great I believe that my votes later today will power is absurd, as is the idea that this man, a loving husband, father, grand- reflect that commitment. President, whose conduct is ultimately father, and great-grandfather who did With the eyes of history upon us, I the cause of this entire process, will his best to instill in me the values of am acutely aware of the precedents suddenly stop. President Trump con- right and wrong as I grew up in Fair- that this impeachment trial will set for tinues to invite foreign powers to field, AL. He was also a fierce patriot future Presidencies and Congresses. interfere with our elections, maintain- who loved this country. Although, for- Unfortunately, I do not believe that ing to this day that ‘‘it was a perfect tunately, he was never called on to do those precedents are good ones. I am call.’’ so, I firmly believe he would have particularly concerned that we have Our Founders knew that all people, placed his country even above his fam- now set a precedent that the Senate all leaders, are fallible human beings. ily because he knew and understood does not have to go forward with wit- And they knew that our system of fully what America and the freedoms nesses or review documents, even when checks and balances could survive and liberties that come with her mean those witnesses have firsthand information and the documents would allow some level of human frailty, even in as to everyone in this great country and, us to test not just the credibility of important an office as the Presidency. significantly, to people around the witnesses but also test the words of The one thing that they feared it world. counsel of both parties. could not survive was a President who I know he would have put his country would put self-interest before the inter- It is my firm belief that the Amer- before any allegiance to any political ican people deserve more. In short, wit- ests of the American people or who party or even to any President. He was didn’t understand the difference be- nesses and documents would provide on the younger side of that ‘‘greatest the Senate and the American people tween the two. As citizen-in-chief, and generation’’ who joined the Navy at one wielding enormous power, Presi- with a more complete picture of the age 17 to serve our great military. That truth. I believe the American people dents must put country first. service and love of country shaped him Our Founders knew that we needed a deserve nothing less. into the man of principle that he was, That is not to say, however, that mechanism to hold Presidents account- instilling in me those same principles. there is not sufficient evidence in able for behavior that violated that In thinking of him, his patriotism, his which to render a judgment. There is. basic understanding and that would principles, and how he raised me, I am As a trial lawyer, I once explained this threaten our democracy. And they pro- reminded of Robert Kennedy’s words process to a jury as like putting to- vided a mechanism for removal outside that were mentioned in this trial: gether the pieces of a puzzle. When you of the election process because of the Few men are willing to brave the dis- open the box and spread all the pieces immense damage a President could do approval of their fellows, the censure of their on the table, it is just an incoherent in the time between elections—dam- colleagues, the wrath of their society. Moral jumble. But one by one, you hold those age, in the case of this President’s con- courage is a rarer commodity than bravery pieces up, and you hold them next to tinuing behavior, to our national secu- in battle or great intelligence. Yet it is the one essential, vital quality for those who each other and see what fits and what rity and election integrity. doesn’t. Even if, as was often the case Our Founders believed that they were seek to change a world that yields most painfully to change. in my house growing up, you are miss- establishing a country that would be ing a few pieces—even important unique in the history of humankind, a Candidly, to my colleagues on both sides of the aisle, I fear that moral ones—you more often than not see the country that would be indispensable, picture. courage, country before party is a rare built on the rule of law, not the whims As I have said many times, I believe commodity these days. We can write of a ruler. Generation after generation the American people deserve to see a of Americans have fought for that vi- about it and talk about it in speeches completed puzzle, a picture with all of sion because of what it has meant to and in the media, but it is harder to the pieces—pieces in the form of docu- our individual and collective success put into action when political careers ments and witnesses with relevant, and to the progress of humankind may be on the line. Nowhere is the di- firsthand information, which would worldwide. lemma more difficult than in an im- have provided valuable context, cor- That is the America that I have peachment of the President of the roboration, or contradiction to that sworn an oath to protect. I will vote in United States. Very early on in this which we have heard. But even with favor of both Articles of Impeachment process, I implored my colleagues on missing pieces, our common sense and because the President’s conduct re- both sides of the aisle, in both Houses life’s experiences allow us to see the quires it, Congress’s responsibility as a of Congress, to stay out of their polit- picture as it comes into full view. coequal branch of government requires ical and partisan corners. Many did, Throughout the trial, one piece of it, and the very foundation and secu- but so many did not. Even the media evidence continued to stand out for me. rity of our American idea requires it. continually view this entire process It was the President’s statement that I yield the floor. through partisan, political eyes and under the Constitution, ‘‘we have Arti- The PRESIDING OFFICER. The Sen- how it may or may not affect an elec- cle II, and I can do anything I want.’’ ator from Alabama. tion. That is unfortunate. The country That seems to capture this President’s Mr. JONES. Mr. President, on the deserves better, and we must find a belief about the Presidency; that he day I was sworn in as a United States way to move beyond such partisan di- has unbridled power, unchecked by Senator, I took an oath to protect and vides. Congress or the Judiciary or anyone defend the Constitution. Just last The solemn oaths that I have taken else. That view, dangerous as it is, ex- month, at the beginning of the im- have been my guides during what has plains the President’s actions toward peachment trial, I took a second oath been a difficult time for the country, Ukraine and Congress. to do fair and impartial justice, accord- my State, and for me personally. I did The sum of what we have seen and ing to the same Constitution I swore to not run for the Senate hoping to par- heard is, unfortunately, a picture of a protect. ticipate in the impeachment trial of a President who has abused the great As I took the oath and throughout duly elected President, but I cannot power of his office for personal gain—a the impeachment trial, I couldn’t help and will not shrink from my duty to picture of a President who has placed but think of my father. As many of you defend the Constitution and to do im- his personal interest well above the in- know, I lost my dad over the holiday partial justice. terests of the Nation and, in so doing,

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So when they alerted the White in our election for his personal polit- in history that we face today. House lawyers, the record of the call ical benefit. His actions were more The gravity of this moment, the seri- was immediately placed on a highly than simply inappropriate; they were ousness of the charges, and the impli- classified computer system. And dean abuse of power. cation for future Presidencies and Con- spite the President claiming that the When I was a lawyer for the Alabama gress have all contributed to the dif- version of the call that was publicly re- Judicial Inquiry Commission, there ficulty at which I arrived at my deci- leased ‘‘is an exact word-for-word tran- was a saying that the chairman of the sion. script of the conversation,’’ we know inquiry commission and one of Ala- I am mindful that I am standing at a from testimony that there are key bama’s great judges, Randall Cole, used desk that once was used by John F. omissions in the document we all read. to say about judges who strayed from Kennedy, who famously wrote ‘‘Pro- Compounding the President’s mis- the canons of ethics. He would say that files in Courage,’’ and there will be so conduct, he then engaged in an ex- the judge ‘‘left his post.’’ many who simply look at what I am tended cover up that appears to be on- Sadly, President Trump left his post doing today and say that it is a profile going to this day. with regard to the withholding of mili- in courage. It is not. It is simply a There is a lot to unravel here, and I tary aid to Ukraine and a White House matter of right and wrong, where doing will provide a more detailed legal ex- visit for the new Ukrainian President, right is not a courageous act; it is sim- planation in the near future. But for and in so doing, he took the great pow- ply following your oath. now, let me briefly explain my decision ers of the Office of the President of the This has been a divisive time for our and outline my thoughts on the Sen- United States with him. Impeachment country, but I think it has nonetheless ate’s impeachment proceedings and the is the only check on such Presidential been an important constitutional proc- disturbing precedents I fear will be set wrongdoing. ess for us to follow. As this chapter of when the majority chooses to side with The second article of impeachment, history draws to a close, one thing is the President over the Constitution’s obstruction of Congress, gave me more clear to me. As I have said before, our checks and balances. pause. I have struggled to understand country deserves better than this. The House of Representatives voted the House’s strategy in their failure to They deserve better from the Presi- to impeach the President for abuse of fully pursue documents and witnesses dent, and they deserve better from the power and obstruction of Congress. and wished that they had done more. Congress. We must find a way to come Based on the uncontested evidence, I However, after careful consideration of together, to set aside partisan dif- concur. the evidence developed in the hearings, ferences, and to focus on what we have It is clear that President Trump and the public disclosures, the legal prece- in common as Americans. others, such as Mr. Giuliani, who was dents, and the trial, I believe that the While so much is going in our favor serving as the President’s lawyer, at- President deliberately and unconsti- these days, we still face great chal- tempted to coerce the newly elected tutionally obstructed Congress by re- lenges, both domestically and inter- President of Ukraine to announce two fusing to cooperate with the investiga- nationally. But it remains my firm be- sham investigations, including one tion in any way. While I am sensitive lief that united we can conquer them that sought to directly damage Presi- to protecting the privileges and immu- and remain the greatest hope for the dent Trump’s rival in the upcoming nities afforded to the President and his people around the world. election. The President’s actions advisers, I believe it is critical to our I yield the floor. constitutional structure that we also The PRESIDING OFFICER. The Sen- served his personal and political needs, protect the authorities of the Congress ator from Rhode Island. not those of our country. His efforts to of the United States. Here it was clear Mr. REED. Mr. President, today the withhold military aid to Ukraine for from the outset that the President had Senate is called upon to uphold our his own personal benefit undermined no intention whatsoever of accommo- oath of office and our duty to the Con- our national security. dating Congress when he blocked both stitution because President Trump The second article of impeachment witnesses and documents from being failed to do so himself. charges the President with obstruction produced. In addition, he engaged in a After listening closely to the im- of Congress for blocking testimony and course of conduct to threaten potential peachment managers and the Presi- refusing to provide documents in re- witnesses and smear the reputations of dent’s defense team, weighing the evi- sponse to House subpoenas in the im- the civil servants who did come for- dence that was presented to us, and peachment inquiry. Again, the House ward and provide testimony. being denied the opportunity to see rel- managers produced overwhelming evi- The President’s actions demonstrate evant documents and hear from first- dence of the President’s obstruction a belief that he is above the law, that hand witnesses, I will vote to find and his efforts to cover up his malfea- Congress has no power whatsoever in President Trump guilty on both Arti- sance. questioning or examining his actions, cles of Impeachment. The President’s counsel offered a and that all who do so, do so at their I take no pleasure in voting to im- number of unpersuasive arguments peril. That belief, unprecedented in the peach a President and remove him against this article, which fail to over- history of this country, simply must from office. I agree with those who say come the following: first, that the leg- not be permitted to stand. To do other- that impeachment should be rare and islative branch has sole power over im- wise risks guaranteeing that no future American voters should decide our peachment under the Constitution. whistleblower or witness will ever elections. That is why it is so galling That could not be more clear; second, come forward, and no future President, that President Trump blatantly solic- past precedents of prior administra- Republican or Democrat, will be sub- ited foreign interference in our demo- tions and court rulings; and third, the ject to congressional oversight as man- cratic process. And he did it as he blatant October 8 letter expressing a dated by the Constitution even when geared up for reelection. complete rejection of the House’s im- the President has so clearly abused his The evidence shows President Trump peachment proceedings. office and violated the public trust. deliberately and illicitly sought for- The Constitution grants the execu- Accordingly, I will vote to convict eign help to manufacture a scandal tive branch significant power, but as the President on both Articles of Im- that would elevate him by tarnishing a every student in America learns, our peachment. In doing so, I am mindful political rival. system is one of checks and balances so that in a democracy there is nothing He attempted to undermine our de- that no branch is entirely unfettered more sacred than the right to vote and mocracy, using U.S. taxpayer money in from oversight and the law.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.027 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S886 CONGRESSIONAL RECORD — SENATE February 5, 2020 President Trump would have us be- the Senate has been voluntarily weak- matter: Trump abused his power when lieve this system of checks and bal- ened, and our oversight powers se- he secretly withheld security aid and a ances is wrong. In President Trump’s verely diminished. White House meeting to try to force own words, he expressed the misguided This short-term maneuver to shield Ukraine to announce investigations imperial belief in the supremacy of his President Trump from the truth is a into a political rival in order to help unchecked power, stating, quote: ‘‘I severe blow against good government him swing November’s election. He put have an Article II, where I have the that will do lasting damage to this in- his political self-interest ahead of our right to do whatever I want as Presi- stitution and our democracy. I hope national security. He smeared the dent.’’ one day the damage can be repaired. name of an American Ambassador, Couple this sentiment with his Janu- The arc of history is indeed long, and even seemingly risking her safety be- ary 2016 boast that, quote: ‘‘I could it does bend toward justice—but not cause she was simply too principled to stand in the middle of Fifth Avenue today. Today, the Senate and the further his corruption, because she was and shoot somebody and I wouldn’t American people have been denied ac- too clean to help him strong-arm lose voters.’’ That paints a chilling pic- cess to relevant, available evidence and Ukraine into that favor he demanded. ture of someone who clearly believes, firsthand witnesses. We have been pro- When the reports first emerged about incorrectly, that he is above the law. hibited from considering new, material what he had done, he denied it. Then The President’s attorneys have hewn information that became available his explanation changed to: Well, to this line of faulty reasoning and, in after the House’s impeachment vote. maybe I did do it, but it was only be- one notably preposterous effort, even The Constitution is our national cause I was trying to root out corrup- claimed the President could avoid im- compass. But at this critical moment, tion. peachment for an inappropriate action clouded by the fog of President If that were true, there would be motivated entirely by his own political Trump’s misconduct, the Senate ma- some documentary record to prove and personal interests. jority has lost its way, and is no longer that, and we have seen absolutely The President’s defense also failed to guided by the Constitution. In order to none, even after I asked for it during sufficiently demonstrate that the regain our moral bearings, stay true to the questioning period. President’s blanket defiance of sub- our core values, and navigate a better Now his defense team has gone so far poenas and document requests over- path forward, we must hold President as to claim that, well, it doesn’t mat- comes the precedents established in Trump accountable. ter if he did it because he is the Presi- prior impeachment proceedings and the The President was wrong to invite dent, and the President can do any- record of congressional oversight of the foreign interference in our democracy. thing he wants if it will help him get executive branch. He was wrong to try and stonewall the reelected. Breathtaking. To put it an- In the Clinton impeachment, there investigation. And he is wrong if he other way, when he got caught, he lied. was an enormous amount of documen- thinks he is above the law. Then, when that lie was found out, he tary evidence, as well as sworn deposi- I yield the floor. lied again, then again, then again. tions and testimony by the President The PRESIDING OFFICER. The Sen- Along the way, his own defense coun- and his closest advisers. ator from Illinois. sel could not papier-mache together In the cases of United States v. Ms. DUCKWORTH. Mr. President, even the most basic argument to actu- Nixon, House Judiciary Committee v. from the first words in the Constitu- ally exonerate him. The best case they Miers, and others, the House managers tion, the weight that lies on every could muster boiled down to: When the rightly point out that the courts have American’s shoulders has been clear: President does it, it is not illegal. held ‘‘Congress’s power to investigate We the people are the ones who Nixon already tried that defense. It did is as broad as its power to legislate and dreamed up this wild experiment that not work then, and it does not work lies at the heart of Congress’s constitu- we call America, and we the people are now because—here is the thing—in tional role.’’ the ones charged with ensuring its sur- America, we believe not in rulers but While President Trump’s impeach- vival. in the rule of law. ment lawyers claim the House should That is the tension—the push and the Through all we have seen over the take the President to court over these pull—behind our democracy because, past few months, the truth has never previously settled issues, President while there is no greater privilege than changed. It is what National Security Trump’s lawyers at the Justice Depart- living in a country whose Constitution Council officials and decades-long dip- ment are simultaneously arguing in guarantees our rights, there is no lomats testified to under oath. It is the courts that the judicial branch can- greater burden than knowing that our what foreign policy experts and Trump not even rule on such matters. actions could sap that very same Con- administration staffers—and, yes, an As President Trump staked out new, stitution of its power; that our inac- American warrior with a Purple expansive, and aggressive positions tion risks allowing it to wither like Heart—have raised their right hands to about executive privilege, immunity, any other piece of parchment from tell us, time after time, since the and the limits of Congress’s oversight some bygone era. House hearings had begun. authority, Republican leaders went For the past few weeks, it has been Even some of my Republican col- along with it. my sworn duty as a U.S. Senator to sit leagues have admitted that Trump I have heard a variety of expla- as an impartial juror in the impeach- ‘‘cross[ed] a line.’’ Some said it as re- nations for why my Republican col- ment trial of Donald J. Trump. While I cently as this weekend, but many more leagues voted against witnesses. But no wish the President had not put our Na- said months ago that, if Trump did do one has offered the simplest expla- tion in this position, after having lis- what he is accused of, then it would, nation: My Republican colleagues did tened closely with an open mind to indeed, be wrong. Well, it is now obvi- not want to hear new evidence because both sides, it is now my duty as an ous that those allegations were true, they have a hunch it would be really, American to vote on whether to re- and it is pretty clear that Trump’s de- really bad for this President. It would move him from office. Other than send- fense team knows that also. If they ac- further expose the depth of his wrong- ing our troops into harm’s way, I can- tually believe Trump did nothing doing. And it would make it harder for not think of a more serious, more som- wrong—that his call was ‘‘perfect’’— them to vote to acquit. ber vote to take in this Chamber, but then why would they fight so hard to My colleagues on the other side of as sobering as it is, the right path for- block the witnesses and the documents the aisle did not ask to be put in this ward is clear. from coming to light that could exon- position. President Trump’s mis- Throughout this trial, we have seen erate him? The only reason they would conduct forced it on them. But in the unprecedented obstruction from the have done so is if they had known that partisan rush to spare President Trump Trump administration—obstruction so he was guilty. The only reason for one from having his staff and former staff flagrant that it makes Nixon, when in to vote to acquit Trump today is if one publicly testify against him under the thick of Watergate, look like the is OK with his trying to cover it up. oath, a bar has been lowered, a con- model of transparency. Yet the facts Now, I know that some folks have stitutional guardrail has been removed, uncovered still prove the truth of the been saying that we should acquit

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.028 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S887 him—that we should ignore our con- morally difficult vote for any of us be- through this process unless something stitutional duty and leave him in of- cause, while I know that voting to ac- was compelling, unless something was fice—because we are in an election quit would make the lives of some of overwhelming, unless something was year and that the voters should decide my colleagues simpler come election bipartisan. I think the Speaker was ex- his fate. That is an argument that day, I also know that America would actly right then, and I hope all future rings hollow because this trial was have never been born if the heroes of Speakers look at that guidance as we about Trump’s trying to cheat in the centuries past made decisions based on think about this process of impeach- next election and rob the voters of political expediency. ment. their ability to decide. Any action It would have been easier to have In the first 180 years of the Constitu- other than voting to remove him would kept bowing down to King George III tion, individual Members talked about give him the license and the power to than to have pushed 342 chests of tea impeachment of Presidents—maybe of keep tampering with that race, to keep into the Boston Harbor, and it would almost every President—but the Con- trying to turn that election into as have been easier to have kept paying gress only seriously touched this topic much of a sham as an impeachment taxes to the Crown than to have waged one time—one time in 180 years. trial without witnesses. a revolution. Yet those patriots knew In the last 46 years, Presidential im- You know, I spent 23 years in the the importance of rejecting what was peachment has been before the country military, and one of the most critical easy if it were in conflict with what three times, and each case has been lessons anyone who serves learns is of was right. They knew that the courage less compelling than the one before it. the damage that can be done when of just a few could change history. We don’t want partisan impeachment troops don’t oppose illegal orders, when So, when it is time to vote this after- to become an exercise that happens fealty becomes blind and ignorance be- noon, we cannot think of political con- when one party—not the party of the comes intentional. Just as it is the venience. If we say abuse of power President—happens to have a majority duty of military officers to oppose un- doesn’t warrant removal from office of the votes in the House of Represent- lawful orders, it is the responsibility of today, we will be paving the way for fu- atives. public servants to hold those in power ture Presidents to do even worse to- Impeachment is fundamentally a po- accountable. morrow—to keep breaking the law and litical process. The Members of the Former NSC official Fiona Hill un- to keep endangering our country—one Senate meet no standards for a regular derstood that when she testified before ‘‘perfect’’ call, one ‘‘favor,’’ one high jury. The jury can override the judge. Congress because she knew that poli- crime and misdemeanor at a time. Two-thirds of the Senate is necessary tics must never eclipse national secu- Time and again, over these past few to remove the President. We really rity. months, we have heard one story about have no better term in the Constitu- Ambassador Bill Taylor understood our Founders, perhaps, more than any tion, I suppose, to use than ‘‘trial,’’ but that as well. The veteran who has other. It was the time when Benjamin in any classic sense, this isn’t a trial. served in every administration since Franklin walked out of Independence In any classic sense, a partisan im- Reagan’s answered the question that is Hall after the Constitutional Conven- peachment isn’t any kind of a real in- at the heart of the impeachment in- tion and someone asked: ‘‘What have dictment. quiry. He said under oath that, yes, we got—a republic or a monarchy?’’ Maybe, first and foremost, the House there was a ‘‘clear understanding’’ of a We all know what he said: ‘‘A Repub- has to do its job. Part of that job would quid pro quo—exactly the sort of abuse lic if you can keep it.’’ be to create a case that would produce of power no President should be al- Keeping it may very well come down a bipartisan vote on the articles in the lowed to get away with. to the 100 of us in this very Chamber. House. If you haven’t met that stand- LTC Alexander Vindman—the Purple We are the ones the Constitution vests ard—going back to the Speaker’s Heart recipient who dedicated decades with the power to hold the President standard—you should work on the case of his life to our Armed Forces—under- accountable, and through our actions, some more and then wonder, if you stood the lessons of the past, too, in his we are the ones who vest the Constitu- can’t meet the standard, what is wrong saying that, here in America, right tion with its power. with the process you are going matters. In this moment, let’s think not just through. Part of that job is to do ev- My colleagues in this Chamber who of today but of tomorrow too. In this erything necessary to have Articles of have attacked Lieutenant Colonel moment, let’s remember that, here, Impeachment that are compelling and Vindman or who have provided a plat- right matters; truth matters. The complete. form for others to tear him down just truth is that Donald Trump is guilty of The House has time available to it to for his doing what he believes is right these Articles of Impeachment. I will consider impeachment as they go about should be ashamed of themselves. vote to do the right thing, and I hope their essential work. They can con- We should all be aware of the exam- my colleagues will as well. For the tinue to do the work of the Congress. ple we set and always seek to elevate sake of tomorrow and the tomorrow They have weeks, months, if they the national discourse. We should be after that, we must. choose to have, even maybe years to thoughtful about our own conduct both I yield the floor. put a case together. They can call wit- in terms of respecting the rule of law I suggest the absence of a quorum. nesses. They can go to court to seek and the sacrifices our troops make to The PRESIDING OFFICER. The testimony. They can determine if this keep us safe because, at the end of the clerk will call the roll. is an impeachment question or just an day, our Constitution is really just a The legislative clerk proceeded to oversight question. set of rules on some pieces of paper. It call the roll. The House can do lots of things, but is only as strong as our will to uphold Mr. BLUNT. Mr. President, I ask once the Senate gets the Articles of its ideals and hold up the scales of jus- unanimous consent that the order for Presidential Impeachment, they be- tice. the quorum call be rescinded. come for the Senate an absolute pri- So I am asking each of us today to The PRESIDING OFFICER (Mr. ority. Both our rules and reality mean muster up just an ounce of the courage LANKFORD). Without objection, it is so we cannot do anything else, realisti- shown by Fiona Hill, Ambassador Tay- ordered. cally, until we are done dealing with lor, and Lieutenant Colonel Vindman. Mr. BLUNT. Mr. President, later the case the House sent over. When our names are called from the today I will vote to acquit the Presi- That was fundamentally what was so dais in a few hours, each of us will ei- dent on the charges of the two Articles wrong with the House sending over a ther pass or fail the most elementary, of Impeachment. A not-guilty verdict, case that they said needed more work. yet most important, test any elected as every Senator on this floor has If it needed more work, it should have official will ever take—whether to put known for some time, was always what had more work. country over party or party over coun- would happen in a House-driven, par- You can be for strong review of the try. tisan impeachment process. executive. You can be for strong con- It may be a politically difficult vote Less than a year ago, the Speaker of gressional oversight and still support for some of us, but it should not be a the House said that we should not go the idea of executive privilege. The

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.021 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S888 CONGRESSIONAL RECORD — SENATE February 5, 2020 President has the right to unfettered two weakest Articles of Impeachment ally are few and defined—few and de- advice and to know all the options. In possible. Presidents since Washington fined powers, the Federal Government; fact, I think when you pierce that have been accused by some Members of numerous and indefinite reserved for right, you begin to have advisers who Congress of abuse of power. Presidents the States. may not want to give all the options to since Washington have been accused by The horizontal protection operates the President because it might appear some Members of Congress of failure to within the Federal Government itself, they were for all the options. But the cooperate with the Congress. and it acknowledges that we have three President’s advisers need to see that The House managers argued against coequal, independent branches within the President understands all the op- their own case. They repeatedly con- the Federal Government: one that tions and implications of a decision. tended that they had made their case makes the laws, one that executes the The President, by the way—another completely, they had made their case laws, and one that interprets the laws topic that came up here several times— totally, they had made their case in- when people can’t come to an agree- the President determines executive controvertibly, but they wanted us to ment and have an active, live dispute policy. The staff, the assistants, and call witnesses they had chosen not to as to the meaning of a particular law whoever else works in the executive call. They said they had already been in a particular case or controversy. branch doesn’t determine executive in court 9 months to get the Presi- Sadly, we have drifted steadily, ag- policy; the President determines execu- dent’s former White House Counsel to gressively from both of these principles tive policy. The staff can put all the testify and weren’t done yet, but some- over the last 80 years. For roughly the notes in front of the President they how they thought the Senate could get first 150 years of the founding of our want to, but it is the President’s deci- that person and others in a matter of Republic and of the operation of our sion what the policy of the administra- days. constitutional structure, we adhered tion will be. Sharing that decision with These arguments have been and pretty closely to them, but over the the Congress, sharing how he got to should have been rejected by the Sen- last 80 years or so, we have drifted that point—or later, she got to that ate. steadily. This has been a bipartisan point—with that decision is a nego- Today, the Articles of Impeachment problem. It was one that was created tiated balance. should be and will be rejected by the under the broad leadership of Repub- Congress says: We want to know this. Senate. Based on the Speaker’s March licans and Democrats alike and, in The President says: No. I need to comments, these articles should have fact, in Senates and Houses of Rep- have some ability for people to give me never been sent to the Senate. They resentatives and White Houses of every advice that isn’t all available for the were not compelling, they were not conceivable partisan combination. Congress. overwhelming, they were not bipar- We have essentially taken power So this is balanced out, and if that away from the American people in two can’t happen, if that balance can’t be tisan, and most importantly, they were not necessary. steps—first, by moving power from the achieved, the judiciary decides what State and local level and taking it to the balance is. The judiciary decides a One of the lessons we send today is to this House and to future Houses of Rep- Washington, in violation of the vertical question and says: You really must protection we call federalism; and then talk to the Congress about this, but resentatives: Do your job. Take it seri- a second time, moving it away from you don’t have to talk to them about ously. Don’t make it political. the people’s elected lawmakers in the next sentence you said at that I yield the floor. I suggest the absence of a quorum. Washington to unelected, unaccount- same meeting. That is the kind of balance that oc- The PRESIDING OFFICER. The able bureaucrats placed within the ex- curs. clerk will call the roll. ecutive branch of government but who The idea repeatedly advanced by the The bill clerk proceeded to call the are neither elected by the people nor House managers that the Senate, by roll. accountable to anyone who is elect- majority vote, can decide these ques- Mr. LEE. Mr. President, I ask unani- able. Thus, they constitute essentially tions is both outrageous and dan- mous consent that the order for the a fourth branch of government within gerous. quorum call be rescinded. our system, one that is not sanctioned The idea that the government would The PRESIDING OFFICER. Without or contemplated by the Constitution balance itself is, frankly, the miracle objection, it is so ordered. and doesn’t really fit all that well of the Constitution. Nobody had ever Mr. LEE. Mr. President, I have long within its framework. proposed, until Philadelphia in 1787, maintained that most, if not all, of the This has made the Federal Govern- one, that the basis for government was most serious and vexing problems with- ment bigger and more powerful. It has the people themselves, and two, you in our Federal Government can be occurred in a way that has made people could have a government that was so traced to a deviation from the twin less powerful. It has made government finely balanced that it would operate core structural protections of the Con- in general and in particular, this gov- and maintain itself over time. stitution. ernment, the Federal Government, less The House managers would really There are two of these protections— responsive to the needs of the people. It upend that balance. By being unwilling one that operates along a vertical axis; has been fundamentally contrary to to take the time the House had to pur- the other, a horizontal. the way our system of government op- sue the constitutional solution, they The vertical protection we call fed- erates. decided: We don’t have to worry about eralism, which states a very simple What, one might ask, does any of this the Constitution to have that solution. fact: that in the American system of have to do with impeachment? Well, in To charge that the President’s asser- government, most power is to be re- my opinion, everything—or at least a tion of article II rights that go back to served to the States respectively, or lot. This distance that we have created Washington is one of the actual Arti- the people, where it is exercised at the in these two steps—moving power from cles of Impeachment—that is dan- State and local level. It is only those the people to Washington and within gerous. powers enumerated in the Constitu- Washington, handing it to unelected The legislative branch cannot also be tion, either in article I, section 8 or lawmakers or unelected bureaucrats— the judicial branch. The legislative elsewhere, that are made Federal, has created an amount of anxiety branch can’t also decide ‘‘here is the those things that the Founding Fathers among the American people. Not all of balance’’ if the executive and legisla- appropriately deemed unavoidably, them necessarily recognize it in the tive branch are in a fight about what necessarily national or that we have same way that I do or describe it with should be disclosed and what shouldn’t. otherwise rendered national through a the same words, but they know some- You can’t continue to have the three subsequent constitutional amendment. thing is not right. They know it when balances of power in our government if As was the case when James Madison their Federal Government requires one of the branches can decide what wrote Federalist No. 45, the powers re- them to work many months out of the legislative branch should decide. served to the States are numerous and every year just to pay their Federal In their haste to put this case to- indefinite, while those that are given taxes, only to be told later that it is gether, the House sent the Senate the to the Congress to be exercised feder- not enough and hasn’t been enough for

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.024 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S889 a long time since we have accumulated U.S. aid to Ukraine while seeking a The Vice President’s duties, I would $22 to $23 trillion in debt, and when commitment from the then newly add, are relatively limited. Constitu- they come to understand that the Fed- elected Ukrainian President, tionally speaking, the Vice President is eral Government also imposes some $2 Volodymyr Zelensky, regarding that the President of the Senate and thus trillion in regulatory compliance costs effort. He wanted to make sure that he performs a quasi-legislative role, but on the American people. could trust this recently elected Presi- the Vice President’s executive branch This harms the poor and middle dent Zelensky before sending him the duties are entirely bound up with those class. It makes everything we buy aid. Within a few weeks, his concerns of the President’s. They consist of aid- more expensive. It results in dimin- were satisfied, and he released the aid. ing and assisting the President as the ished wages, unemployment, and Pausing briefly before doing so isn’t President may deem necessary and underemployment. On some level, the criminal. It certainly isn’t impeach- standing ready to step into the posi- American people feel this. They experi- able. It is not even wrong. tion of the Presidency should it become ence this. They understand it. It cre- Quite to the contrary, this is exactly necessary as a result of disability, in- ates anxiety. It was that very anxiety the sort of thing the American people capacitation, or death. Barring that, that caused people to want to elect a elected President Trump to do. He the entire executive branch authority different kind of leader in 2016, and would and has decided to bring a dif- is bound up within the Presidency they did. It was this set of cir- ferent paradigm to Washington, one itself. The President is the executive cumstances that caused them to elect that analyzes things from how the branch of government, just as the Jus- Donald J. Trump as the 45th President American citizenry views the American tices who sit across the street them- of the United States, and I am glad Government. selves amount to the capstone of the they did because he promised to change This has in some respects, therefore, judicial branch, just as 100 Senators the way we do things here, and he has been a trial of the Washington, DC, es- and 435 Representatives are the legisla- done that. tablishment itself but not necessarily tive branch. But as someone who has focused in- in the way the House managers appar- The President is the executive tently on the need to reconnect the ently intended. While the House man- branch. As such, it is his prerogative, American people with their system of agers repeatedly invoked constitu- within the confines of what the law al- government, Donald Trump presents tional principles, including separation lows and authorizes and otherwise pro- something of a serious threat to those of powers, their arguments have tended vides, to decide how to execute that. It who have occupied these positions of to prove the point opposite of the one is not only not incompatible with that they intended. power, these individuals who, while system of government, it is entirely Yes, we badly need to restore and hard-working, well-intentioned, well- consistent with it—indeed, authorized protect both federalism and separation educated, and highly specialized, oc- of power, and it is my view that the de- by it. cupy these positions of power within A President should be able to say: viation from one contributes to the de- what we loosely refer to as the execu- Look, we have a newly elected Presi- viation from the other. But here, in tive branch but is in reality an dent in Ukraine. order to do that, we have to respect the We have longstanding allegations of unelected, unaccountable fourth three branches of government for what corruption within Ukraine. Those alle- branch of government. they are, who leads them, how they op- He has bucked them on many, many gations have been well-founded in erate, and who is accountable to whom. levels and has infuriated them as he For them to view President Trump as Ukraine. No one disputes that corrup- has done so, even as he is imple- somehow subservient to the career tion is rampant in Ukraine. A newly elected President comes in. menting the American people’s wishes civil servant bureaucratic class that This President or any President in the to close that gap between the people has tended to manage agencies within and the government that is supposed to the Federal Government, including the future decides: Hey, we are giving a lot serve them. National Security Council, the Depart- of aid to this country—$391 million for He has bucked them on so many lev- ment of Defense, the Office of Manage- the year in question. I want to make els, declining to defer to the opinions ment and Budget, individuals in the sure that I understand how that Presi- of self-proclaimed government experts White House, and individuals within dent operates. I want to establish a re- who claim that they know better than the State Department, among others, lationship of trust before taking a step any of us on a number of levels. is not only mischaracterizing this further with that President. So I am He pushed back on them, for exam- problem, it helps identify the precise going to take my time a little bit. I am ple, when it comes to the Foreign In- source of this problem. going to wait maybe a few weeks in telligence Surveillance Act—or FISA, Many of these people, including some order to make sure we are on a sure as it is sometimes described—when he of the witnesses we have heard from in footing there. insisted that FISA had been abused in this trial, have mistakenly taken the He did that. There is nothing wrong efforts to undermine his candidacy and conclusion that because President with that. infringe on the rights of the American Trump took a conclusion different What is the response from the House people. When he took that position, from that offered by the so-called managers? Well, it gets back to that Washington bureaucrats predictably interagency process, that that amount- interagency process, as if people whom mocked him, but he turned out to be ed to a constitutionally impeachable the American people don’t know or right. act. It did not. It did nothing of the have reason to know because those peo- He called out the folly of engaging in sort. ple don’t stand accountable to the peo- endless nation-building exercises as Quite to the contrary, when you ac- ple—they are not elected by the people; part of a two-decade-long war effort tually look at the Constitution itself, they are not really accountable to any- that has cost this country dearly in it makes clear that the President has one who is in turn elected by the peo- terms of American blood and treasure. the power to do what he did here. The ple—the fact that those people involved Washington bureaucrats mocked him very first section of article II of the in the interagency process might dis- again, but he turned out to be right. Constitution—this is the part of the agree with a foreign policy decision He raised questions with how U.S. Constitution that outlines the Presi- made by the President of the United foreign aid is used and sometimes mis- dent’s authority—makes clear that States and the fact that this President used throughout the world, sometimes ‘‘[t]he executive Power [of the United of the United States might take a dif- to the detriment of the American peo- States Government] shall be vested in ferent approach than his predecessor or ple and the very interests that such aid the President of the United States.’’ predecessors does not make this Presi- was created to alleviate. Washington It is important to remember that dent’s decisions criminal. It certainly bureaucrats mocked him, but he turned there are exactly two Federal officials doesn’t make them impeachable. It out to be right. who were elected within the executive doesn’t even make them wrong. President Trump asked Ukraine to branch of government. One is the Vice In the eyes of many and I believe investigate a Ukrainian energy com- President, and the other is the Presi- most Americans—they want a Presi- pany, Burisma. He momentarily paused dent. dent to be careful about how the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.025 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S890 CONGRESSIONAL RECORD — SENATE February 5, 2020 United States spends money. They for the elected leaders in this country, I hope my colleagues on both sides of want the United States to stop and re- not the other way around. the aisle join me in voting against consider from time to time the fact So the two Articles of Impeachment these charges. But whether he is ac- that we spend a lot of money through- before this body today, in my view, are quitted or convicted and removed, it is out the world on countries that are not without merit. They are an affront, in my prayer, as we were admonished the United States. We want a President fact, to this institution and to our Con- many times throughout the last few of the United States to be able to exer- stitution, representing the very same weeks by our Chaplain Black, that cise a little bit of discretion in pushing partisan derangement that worried our God’s will is the one that will be done. pause before that President knows Founding Fathers so much that they Then we can move on to the unifying whether he can trust a newly elected made the threshold for impeachment issues the American people want us to government in the country in question. this high. tackle—issues like infrastructure, edu- So to suggest here that our commit- The Senate exists exactly for mo- cation, energy security and dominance, ment to the Constitution; to suggest ments like this. I didn’t arrive at my national security, and the rising cost here, as the House managers have, that conclusion to support acquittal hastily of healthcare, among many others. our respect for the separation of pow- or flippantly, and I don’t believe any of These are issues the American people ers within the constitutional frame- my colleagues did either, including care about. These are issues that North work somehow demands that we re- those who come to a different conclu- Dakotans care about. These are issues move the duly elected President of the sion from mine. Despite being sent that the people have sent us here to United States is simply wrong. It is such flawed Articles by the House, the deal with. Let’s do it together. Let’s elevating to a status completely for- Senate did in fact dutifully and sol- start now. eign to our constitutional structure an emnly follow its constitutional obliga- I yield the floor. tion. During the last days of the trial, entity that the Constitution does not I suggest the absence of a quorum. we heard sworn testimony from 13 wit- name. It elevates a policy dispute to a The PRESIDING OFFICER. The nesses, read 17 depositions, asked 180 question of high crimes and mis- clerk will call the roll. questions, viewed 193 video clips, and demeanors. Those two are not the same The senior assistant legislative clerk poured over 28,000 pages of documents. proceeded to call the roll. thing. But even more than the House man- At the end of the day, this govern- Mrs. HYDE-SMITH. Mr. President, I agers’ shallow arguments and lack of ment does, in fact, stand accountable ask unanimous consent that the order evidence against and due process for for the quorum call be rescinded. to the people. This government is of, our President and the obvious derange- by, and for the people. We cannot re- The PRESIDING OFFICER. Without ment at the very root of every inves- objection, it is so ordered. move the 45th President of the United tigation, beginning with the corrupt States for doing something that the Mrs. HYDE-SMITH. Mr. President, I FBI Crossfire Hurricane counterintel- will vote to acquit President Donald J. law and the Constitution allow him to ligence investigation during the 2016 do without doing undue violence to Trump on both Articles of Impeach- election cycle, the Articles of Impeach- ment presented by House Democrats. I that system of government to which ment we will vote on in a few hours every single one of us has sworn an have listened carefully to the argu- should have ended at their beginning. ments presented by the House Demo- oath. Can we agree that if a Speaker of the cratic managers and the White House We have sworn to uphold and protect House unilaterally declares an im- defense team. Those prosecuting the and defend that system of government. peachment inquiry, it represents the That means standing up for the Amer- opinion of one Member of Congress, not President failed on a legal and con- ican people and those they have elected the official authorization of the entire stitutional basis to produce the evi- to do a job recognized by the Constitu- Congress? Can we agree that a vote to dence required to undertake the very tion. begin an impeachment inquiry that has serious act of removing a duly elected I will be voting to defend this Presi- only partisan support and bipartisan President from this office. dent’s actions. I will be voting against opposition is not what the Founders This trial exposed that pure political undoing the vote taken by the Amer- had in mind and in fact is what they partisanship fueled a reckless inves- ican people some 31⁄2 years ago. I will firmly rejected and cautioned about? tigation and the subsequent impeach- be voting for the principle of freedom Can we agree that impeachment arti- ment of the President on weak, vague, and for the very principles that our cles passed by a majority of one party and noncriminal accusations. The Constitution was designed to protect. and opposed by Members of both par- Democrats’ case, which lacked the I urge all of my colleagues to reject ties on their face fail, if not the letter basic standards of fairness and due these deeply factually and legally of the law, certainly, the spirit of the process, was fabricated to fulfill their flawed Articles of Impeachment and to Constitution? one long-held hope to impeach Presi- vote not guilty. Yet, even under the cloud of purely dent Trump. Mr. President, I yield the floor. partisan politics of the House of Rep- We should all be concerned about the The PRESIDING OFFICER. The Sen- resentatives, the Senate conducted a dangerous precedent and consequences ator from North Dakota. complete, comprehensive trial, result- of convicting any President on charges Mr. CRAMER. Mr. President, I rise ing, in my view, in a crystal clear con- originating from strictly partisan rea- today to officially declare that I will clusion: The Democratic-led House of sons. The Founding Fathers warned vote against both Articles of Impeach- Representatives failed to meet the against allowing impeachment to be- ment brought against President Trump most basic standards of proof and has come a political weapon. In this case, by the very partisan and, quite frank- dramatically lowered the bar for im- House Democrats crossed that line. ly, ridiculous House of Representa- peachment to unacceptable levels. It is Rejecting the abuse of power and ob- tives. I know my position is hardly a deeply concerning, and I believe we struction of Congress articles before us surprise, but it is almost as must commit to never, ever letting it will affirm our belief and the impeach- unsurprising as the House impeaching happen again to the President of any ment standards intended by the Found- the President, to begin with. political party. ers. With my votes to acquit President Since the moment he was sworn into That can start today. In just a few Trump, justice will be served. The Sen- office, Democrats have schemed to re- hours, the Senate will have the oppor- ate has faithfully executed its con- move Donald Trump from office. It is tunity to cast a vote to end this whole stitutional duties to hear and judge the not my opinion. I take them at their ordeal, and, in doing so, can make a charges leveled against the President. word. Their fixation on his removal statement that the threshold for I remain hopeful that we can finally was a conclusion in search of a jus- undoing the will of the American peo- set aside this flawed partisan inves- tification, which they manufactured ple in the most recent election and tigation, prosecution, and persecution from a phone conversation between undoing the will of a major political of President Trump. The people of Mis- world leaders leaked—leaked—by one party in the upcoming election should sissippi and this great Nation are more of the many career bureaucrats who be higher than one party’s petty obses- interested in us getting back to doing seem to have forgotten that they work sion. the work they sent us here to do.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.026 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S891 I yield the floor. have you, but the Constitution is crys- government but, indeed, a very, very The PRESIDING OFFICER. The Sen- tal clear. It gives the House absolute, narrow swath. It was interesting that, ator from Idaho. total, 100-percent control of impeach- from the beginning, they picked the Mr. RISCH. Mr. President, fellow ment; that is, the investigation and the two words of ‘‘treason’’ and ‘‘bribery,’’ Senators, I come today to talk about vote on it. It gives us the same thing and to that they then had a long debate the business at hand. Obviously, it is but on the trial basis. about what it would be in addition to the vote that we are going to take at 4 The thing I think was surprising is that. They had such words as ‘‘malfea- o’clock this afternoon. that they came over here and tried to sance,’’ ‘‘misfeasance,’’ ‘‘corruption,’’ We were subjected to days and days tell us how to do their job. I suspect and all those kinds of things that could of trial here—many witnesses, witness they, in the House, would feel the exact be very broad. They rejected all those statements, and all that sort of thing— same way about it if we went over and said, no, specifically, it had to be and it is incumbent upon us now as ju- there and told them how they should ‘‘high Crimes and Misdemeanors.’’ rors to reach a conclusion, and I have impeach. They came over here and told So what they did was they narrowed done so. us how we should do witnesses and all the lane considerably and made it dif- I come at this with a little bit of a that sort of thing. They had every op- ficult to remove the head of the second different view, probably, than others. I portunity to prepare the case. It was branch of government. And then, on have tried more cases, probably, than totally in their hands. They had as top of that, for frosting on the cake, anyone on the floor, both as a pros- much time as they wanted, and they they said it has got to be two-thirds. ecutor and in private practice. So I simply didn’t do it. So in that respect, Now, what did that simply mean? They watched carefully as the case was pre- I also found that they came short. knew—they knew—that human beings sented to us and how the case had been But the bottom line for me, too, is being the way they are, that human put together by the managers from the that there is a second reason I would beings who were involved in the polit- House. What I learned in the many vote to acquit, and that is the stunning ical process and political parties would years of trial experience that I had is attack that this was on the U.S. Con- reach to get rid of a political enemy that the only way, really, to try a case stitution. This is really the first time using everything they could. So they and to reach where you want to get is in history when a purely political at- wanted to see that that didn’t happen to do it in good faith and to do it hon- tack was instigated by reaching to the estly. with impeachment. So, as a result of U.S. Constitution and using what is I had real trouble right at the begin- that, they gave us the two-thirds re- ning when I saw that the lead manager really a sacred item in that Constitu- quirement, and that meant that no read a transcript purporting to be a tion, a process that the Founding Fa- President was going to be impeached transcript of the President’s phone call thers gave us for good reason, and that without a bipartisan movement. that has been at issue here, and it was is impeachment. This movement has been entirely It was not intended to be used as a falsified. It was falsified knowingly, partisan. No Republican voted to im- political bludgeon. It simply wasn’t. willfully, and intentionally. So, as a re- peach him in the House of Representa- We had in front of us the Federalist Pa- sult of that, when they walked through tives. This afternoon at 4 we are going the door and wanted to present their pers, and we had the debates of the to have a vote, and it is going to be case, there was a strike there already, Constitutional Convention. Really, the along party lines and, again, it is going and I put it in that perspective. one silver lining that came out of this to be political. How the case unfolded after that was was it underscored again for us the ge- So what do we have here? At the end stunning because I have never seen a nius of the Founding Fathers giving us of the day, we have a political exercise, case succeed the way they put the case three branches of government—not just and that political exercise is going to together. They put the case together three branches of government but fail. And once again—once again—God by taking every fact that they wanted three branches of government that had has blessed America, and the Republic to make fly and put it only in the best distinct lanes in which they operated that Benjamin Franklin said we have, light without showing the other side and, most importantly, indicating that if we can keep it, is going to be sus- but more importantly—more impor- they were separate but equal. tained. tantly—intentionally excluding evi- They wanted not a parliamentary I yield the floor. dence. Of course, this whole thing cen- system like they had looked at from The PRESIDING OFFICER (Mrs. tered on witness statements that the Britain with a head of state that was a LOEFFLER). The Senator from Ohio is President had somehow threatened or Prime Minister who could be removed recognized. pressured the President of Ukraine to and changed, as happens all around the Mr. BROWN. Madam President, over do what he was going to do. That sim- world today. They gave us a unique the past 3 weeks, we have heard from ply wasn’t the case. The transcript system with three branches of govern- the House managers and the Presi- didn’t say that. ment. dent’s counsel regarding the facts of Now, admittedly, they had a witness So the Founding Fathers were very the case against President Donald who was going around saying that, and clear. They debated the question of Trump. they called every person he told to tell what should it take to get rid of the Much like trials in Lorain and Lima us that that was the situation. The head of state, and they concluded that and Lordstown, OH, or in Marietta, in problem is, it was hearsay. There is a the second branch of government Massillon, and in Marion, OH, we have good reason why they don’t allow hear- couldn’t be a strong branch of govern- seen the prosecution—in this case, the say in a court of law, and that is, it ment if, indeed, the President could be House managers—and the defense—in simply wasn’t true. removed as a Prime Minister could be this case, the President’s lawyers— When the person who was spreading removed, simply by Congress getting present their cases. All 100 of us—every that rumor actually talked to the unhappy with his policies or dis- one of us—are the jury. We took an President about it, the President got agreeing with him. So, as a result of oath to be impartial jurors. We all took angry and said: That is not true. I that, they did give us impeachment, an oath to be impartial jurors just like would never do that. and it is a unique process. They were juries in Ohio and across America. But They never told us that. Once the very clear that it was supposed to be to some of my colleagues, that just ap- tape was shown, the House managers used only in very extreme cir- peared to be a joke. spent days putting together that prop- cumstances and not just simply be- The great journalist Bill Moyers osition for us. The President’s counsel cause of a political disagreement or a summed up the past 3 weeks: ‘‘What dismantled that in about an hour and policy disagreement. And that is ex- we’ve just seen is the dictator of the did so really quickly. And, as a result actly what happened here. Senate manipulating the impeachment of that, simply from a factual basis, it The Federalist Papers and the Con- process to save the demagogue in the is my opinion that the prosecution in stitutional Convention debates are White House whose political party has this case did not meet its burden. very, very clear that it is not a broad become the gravedigger of democracy.’’ Now, much has been said about wit- swath of reasons to impeach the Presi- Let me say that again. ‘‘What we nesses and how they did this and what dent that is given to the first branch of have just seen is the dictator of the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.029 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S892 CONGRESSIONAL RECORD — SENATE February 5, 2020 Senate manipulating the impeachment Reporters have now revealed that party, if no one on this side of the process to save the demagogue in the Ambassador Bolton—again, a firsthand aisle—no one—has the backbone to White House whose political party has witness—outlined that the President stand up and say ‘‘stop,’’ there is no become the gravedigger of democracy.’’ did exactly what the Impeachment Ar- question it will get worse. How do I Even before this trial began, Leader ticles allege: He withheld security as- know that? I have heard it from a num- MCCONNELL admitted out loud that he sistance to an ally at war with Russia ber of my Republican colleagues when, was coordinating the trial process with in exchange for a political favor. privately, they will tell me, yes, we are the White House. The leader of the The Justice Department admits there concerned about what the President is Senate was coordinating with the are 24 emails showing the President’s going to do if he is exonerated. White House on impeachment. I chal- thinking on Ukraine assistance. But I was particularly appalled by the lenge him to show me one trial in my you know what? Senator MCCONNELL, words of Mr. Dershowitz. He said: ‘‘If a State of Ohio or his State of Kentucky down the hall, will not allow us to see President does something which he be- where the jury coordinated with the any of these 24 emails. lieves will help him get elected in the defense lawyers. In a fair trial, the de- Make no mistake, the full truth is public interest, that cannot be the kind fense and prosecution would have been going to come out. The Presiding Offi- of quid pro quo that results in im- able to introduce evidence, to call wit- cer, my colleagues on the other side of peachment.’’ nesses, and to listen to testimony. the aisle, they are all going to be em- Think about that for a moment. If Every other impeachment proceeding barrassed because they covered this up. the President thinks it is OK, he in the Senate for 250 years had wit- It wasn’t just the President and the thinks it is going to help his election, nesses. Some of them had dozens. We Vice President and Secretary Pompeo and he thinks his election is in the had zero. Leader MCCONNELL rushed and Chief of Staff Mulvaney; it was 51 public interest, then it is OK; the this trial through. He turned off cam- Republican U.S. Senators, including President can break any law, can fun- eras in this body so that the American the Presiding Officer, who is a new nel taxpayer money toward his reelec- public couldn’t see the whole process. Member of this body, who covered up tion, can turn the arm of the State He restricted reporter access. We know this evidence. against his political enemies and not reporters roam the halls to talk to It will come out this week. It will be held accountable. That is what this Members of the House and Senate. He come out this month, this year, the claim comes down to. restricted access there. He twisted year after that, for decades to come. Remember the words of Richard arms to make sure every Republican And when the full truth comes out, we Nixon: ‘‘When the President does it, voted with him to block witnesses. He will be judged by our children and that means it is not illegal.’’ Our coun- didn’t get a couple of them, but he had grandchildren. try rejected that argument during Wa- enough to protect himself. Without additional witnesses, we tergate. We had a Republican Party The public already sees through it. must judge based on the facts pre- with principle in those days and Sen- This is a sham trial. I said from the be- sented. The House managers made a ators with backbone, and they told ginning that I would keep an open clear, compelling case. In the middle of that President to resign because no- mind. If there are witnesses who would a war with Russia, the President froze body is above the State; nobody is exonerate the President, the American $400 million in security assistance to above the law. people need to hear from them. If we have a President who can turn Ukraine. He wanted an investigation Over the course of this trial we heard the Office of the Presidency and the en- into his 2020 political opponent. He re- mounting, overwhelming evidence that tire executive branch into his own po- fused a critical meeting with President President Trump did something that litical campaign operation, God help Zelensky in the Oval Office. not even Richard Nixon ever did: He ex- us. torted a foreign leader. He fired a ca- These actions don’t promote our na- My colleagues think I am exag- reer foreign service officer for rooting tional security or the rule of law; they gerating. We don’t have the option to out corruption. He put his own Presi- promote Donald Trump personally and vote in favor of some arguments made dential campaign above our collective his campaign. during the trial and not others. Mr. national security. We know the President extorted Dershowitz’s words will live forever in The President said this is just hear- President Zelensky. He asked the lead- the historical record. If they are al- say, but he and the Republican leader, er of a foreign government to help him. lowed to stand beside a ‘‘not guilty’’ together with 51 of 53 Republican Sen- That is the definition of an abuse of verdict—make no mistake—they will ators, blocked every single potential power. That is why we have no choice— be used as precedent by future aspiring witness we wanted to call. The Presi- no choice—but to convict this Presi- autocrats. In the words of House Man- dent says it was hearsay. We knew dent of abusing his office. All of us ager SCHIFF, ‘‘that way madness lies.’’ there were witnesses who were in the know this. To acquit would set a clear, I know some of my colleagues agree room with President Trump. We didn’t dangerous precedent: If you abuse your this sets a dangerous precedent. Some get to hear from them. We didn’t hear office, it is OK. Congress will look the of you have admitted to me that you from Ambassador Bolton. We didn’t other way. are troubled by the President’s behav- hear from interim Chief of Staff This trial and these votes we are ior. You know he is reckless. You know Mulvaney. We didn’t hear from Sec- about to cast are about way more than he lies. You know what he did was retary Pompeo. The Republican leader just President Trump. They are about wrong. I have heard Republican after denied the American people the chance the future of democracy. It will send a Republican after Republican Senator to hear all of them testify under oath. message to this President—or whom- tell me that privately. If you acknowl- We have seen more information come ever we elect in November—and to all edge that, if you have said it to me, if to light each day, which builds on the future Presidents. It will be heard you said it to your family, if you said pattern of facts laid out in great detail around the world—our verdict—by our it to your staff, if you just said it to by the House managers. We have now allies and enemies alike, especially the yourself, I implore you, we have no heard tape recordings of the President Russians. Are we going to roll out the choice but to vote to convict. of the United States telling associates welcome mat to our adversaries to What are my colleagues afraid of? I to ‘‘get rid of’’ U.S. Ambassador interfere in our elections? Are we going think about the words of ADAM SCHIFF Yovanovitch, a public servant who de- to give a green light to the President of in this Chamber on Tuesday: ‘‘If you voted her life to fighting corruption the United States to base our country’s find that the House has proved its case and promoting American ideals and foreign policy not on our collective, and still vote to acquit’’—if you still foreign policy throughout her long, disagreed-upon national security or that vote to acquit—‘‘your name will be tied tinguished career at the State Depart- of our allies, like Ukraine, but on the to his with a cord of steel and for all of ment. With her removed from the post, President’s personal political cam- history.’’ it appears the President thought he paign? ‘‘[Y]our name will be tied to his with would be able to compel our ally These are the issues at stake. If we a cord of steel and for all of history.’’ Ukraine to investigate President don’t hold this President accountable So I ask my colleagues again: What Trump’s political opponent. for abuse of office, if no one in his own are you afraid of?

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.032 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S893 One of our American fundamental the Ukrainian leader to commence are reinforcing the President’s mis- values is that we have no Kings, no no- phony political investigations as a part guided belief that he can do whatever bility, no oligarchs. No matter how of his effort to cheat and solicit foreign he wants under article II of the U.S. rich, no matter how powerful, no mat- interference in the 2020 election.’’ Constitution. ter how much money you give to MITCH Manager VAL DEMINGS walked us Donald Trump was already a danger MCCONNELL’s super PAC, everyone can through the evidence of how Donald to this country. We have seen it in his and should be held accountable. Trump used $391 million of taxpayer policy decisions—from taking away I hope my colleagues remember that. money to pressure Ukraine to an- healthcare from millions of Americans I hope they will choose courage over nounce politically motivated investiga- to threatening painful cuts to Social fear. I hope they will choose country tions. She concluded: ‘‘This is enough Security and Medicare, to engaging in over party. I hope they will join me in to prove extortion in court.’’ an all-out assault on immigrants in holding this President accountable to Manager SYLVIA GARCIA showed us this country. the American people we all took an how Donald Trump’s demand for inves- But today, we are called on to con- oath to serve. tigations was purely for his personal, front a completely different type of We know this: Americans are watch- political benefit. She debunked the danger—one that goes well beyond the ing. They will not forget. conspiracy theories the President’s significant policy differences I have I will close with quoting, again, Bill counsel raised against former Vice with this President. Moyers, a longtime journalist: ‘‘What President Joe Biden—Donald Trump’s If we let Donald Trump get away we have just seen is the dictator of the political rival and the true target of with extorting the President of another Senate manipulating the impeachment his corrupt scheme. country for his own personal, political process to save the demagogue in the Manager JASON CROW described viv- benefit, the Senate will be complicit— White House whose political party has idly the human costs of withholding complicit—in his next corrupt scheme. become the gravedigger of democracy.’’ aid from Ukrainian troops fighting a Which country will he bully or invite I know my colleagues on the other hot war against Russia. to interfere in our elections next? side of the aisle know better. I hope Manager ADAM SCHIFF tied together Which pot of taxpayer money will he they vote what they really know. the evidence of Donald Trump’s abuse use as a bribe to further his political The PRESIDING OFFICER. The Sen- of power—the most serious of impeach- schemes? ator from Hawaii is recognized. able offenses and one that includes ex- Ms. HIRONO. Madam President, Later today, I will vote to convict tortion and bribery. and remove President Donald Trump when the Framers debated whether to And manager ZOE LOFGREN used her for abusing his power and obstructing include the power of impeachment in extensive experience to provide per- Congress. I am under no illusion that the Constitution, they envisioned a spective on Donald Trump’s unprece- my Republican colleagues will do the moment very much like the one we dented, unilateral, and complete ob- same. They have argued it is up to the face now. They were fearful of a cor- struction of Congress to cover up his American people to decide, as though rupt President who would abuse the corrupt scheme. She is the only Mem- Presidency for his or her personal gain, ber of Congress to be involved in three impeachment were not a totally sepa- particularly one who would allow any Presidential impeachments. rate, constitutional remedy for a law- foreign country to interfere in the af- The President’s lawyers could not re- less President. fairs of our United States. With this fute the House’s case. Instead, they ul- As I considered my vote, I listened fear in mind, the Framers directed the timately resorted to the argument closely to Manager SCHIFF’s closing Senate to determine whether to ulti- that, even accepting the facts as pre- statement about why the Senate needs mately remove that President from of- sented by the House managers, Donald to convict this President. He said: fice. Trump’s conduct is not impeachable. It I do not ask you to convict him because In normal times, the Senate—con- is what I have called the ‘‘He did it; so truth or right or decency matters nothing to him— scious of its awesome responsibility— what?’’ argument. would meet this moment with the ap- Many of my Republican colleagues He is referring to the President— propriate sobriety and responsibility to are using the ‘‘So what?’’ argument to but because we have proven our case, and it conduct a full and fair trial. That in- justify their votes to let the President matters to you. Truth matters to you. Right cludes calling appropriate witnesses off the hook. Yet the senior Senator matters to you. You are decent. He is not who you are. and subpoenaing relevant documents, from Tennessee said: ‘‘I think he none of which happened here. shouldn’t have done it. I think it was It is time for the Senate to uphold its In normal times, the Senate would wrong.’’ He said it was ‘‘inappropriate’’ constitutional responsibility by con- have weighed the evidence presented by and ‘‘improper, crossing a line.’’ But he victing this President and holding him both sides and rendered impartial jus- refused to hold the President account- accountable. tice. And in normal times, having been able, arguing that the voters should de- I yield the floor. presented with overwhelming evidence cide. The PRESIDING OFFICER. The Sen- of impeachable acts, the Senate would The junior Senator from Iowa said: ator from Colorado is recognized. have embraced its constitutional re- ‘‘The President has a lot of latitude to Mr. BENNET. Madam President, sponsibility to convict the President do what he wants to do’’ but he ‘‘did it when I was in the second grade—which and remove him or her from office. maybe in the wrong manner.’’ I did twice because I was dyslexic, so I But as we have learned too often over She also said that ‘‘whether you like don’t know which year of the second the past 3 years, these are not normal what the President did or not,’’ the grade it was, but one of those 2 years— times. Instead of fulfilling its duty charges didn’t rise to the level of an we were asked to line up in order of later today, the U.S. Senate will fail impeachable offense. whose family had been here the longest its test at a crucial moment of our The junior Senator from Ohio called period of time and whose family had country by voting to acquit Donald J. the President’s actions ‘‘wrong and in- been here the shortest period of time. Trump of abuse of power and obstruc- appropriate’’ but said they did not I turned out to be the answer to both tion of Congress. ‘‘rise to the level of removing a duly- of those questions. My father’s family The Senate cannot blame its con- elected president from office and tak- went all the way back to the stitutional failure on the House man- ing him off the ballot in the middle of Mayflower, and my mom’s family were agers. They proved their case with an election.’’ Polish Jews who survived the Holo- overwhelming and compelling evi- And the senior Senator from Florida caust. They didn’t leave Warsaw be- dence. Manager JERRY NADLER laid out went so far as to say: ‘‘Just because ac- cause my grandfather had a large fam- a meticulous case demonstrating how tions meet a standard of impeachment ily he didn’t want to leave behind. And and why the President’s actions rose to does not mean it is in the best interest in the event—everybody was killed in the constitutional standard for im- of the country to remove a president the war, except my mom, her parents, peachment and removal. from office.’’ and an aunt. They lived in Warsaw for Manager HAKEEM JEFFRIES explained By refusing to hold this President ac- 2 years after the war. Then they went how Donald Trump ‘‘directly pressured countable, my Republican colleagues to Stockholm for a year. They went to

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.033 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S894 CONGRESSIONAL RECORD — SENATE February 5, 2020 Mexico City for a year, of all places. vicious partisan exercise. That hasn’t They led an armed insurrection And then they came to the United been done by the American people. against a colonial power. We call that States—the one place in the world they That wasn’t done by any other genera- the Revolutionary War. That succeeded could rebuild their shattered lives, and tion of politicians who were in this too. they did rebuild their shattered lives. place. It has been done by this genera- They did something terrible in their My mom was the only person in the tion of politicians led by the Senator generation that will last for the rest of family who could speak any English. from Kentucky, the majority leader of our days and that is they perpetuated She registered herself in the New York the Senate. human slavery. The building we are City public schools. She graduated We have become a body that does standing in today was built by enslaved from Hunter College High School. She nothing. We are an employment agen- human beings because of the decisions went on to graduate from Wellesley cy. That is what we are. Seventy-five that they made. College in Massachusetts in one gen- percent of the votes we took last year But I tell the kids who come and eration. My grandparents rebuilt the were on appointments. We voted on 26 visit me that there is a reason why business they had lost during the war. amendments last year—26—26. In the there are not enslaved human beings in I knew from them how important world’s greatest deliberative body, we this country anymore and that is be- this symbol of America was to people passed eight amendments in a year. Pa- cause of people like Frederick Doug- struggling all over the world. They had thetic. We didn’t consider any of the lass. He was born a slave in the United been through some of the worst events major issues the American people are States of America, escaped his slavery in human history, and their joy of confronting in their lives, not a single in Maryland, risked his life and limb to being Americans was completely un- one—10 years of townhalls with people get to Massachusetts, and he found the adulterated. I have met many immi- saying to me: MICHAEL, we are killing abolitionist movement there. And the ourselves, and we can’t afford housing, grants across this country, and I still abolitionist movement has been argu- healthcare, higher education, early haven’t met anybody with a stronger ing for generations that the Constitu- childhood education. We cannot save. accent than my grandparents had, and tion was a pro-slavery document. Fred- We can’t live a middle-class life. We I have never met anybody who were erick Douglass, who is completely self- think our kids are going to live a more taught, said to them: You have this ex- greater patriots than they were. They diminished life than we do. understood how important the idea of What does the U.S. Senate do? Cut actly wrong, exactly backward, 180 de- America was, not because we were per- taxes for rich people. We don’t have grees from the truth. The Constitution fect—exactly the opposite of that—be- time to do anything else around here. is an anti-slavery document, Frederick cause we were imperfect. But we lived And now, when we are the only body on Douglass said, not a pro-slavery docu- in a free society that was able to cure planet Earth charged with the respon- ment. its imperfections with the hard work of sibility of dealing with the guilt or in- But we are not living up to the words our citizens to make this country more nocence of this President, we can’t of the Constitution. It is the same democratic, more free, and more fair— even bring ourselves to have witnesses thing Dr. King said the night before he a country committed to the rule of and evidence as part of a fair trial, was killed in Memphis when he went law. Nobody was above the rule of law, even when there are literally witnesses down there for the striking garbage and nobody was treated unfairly by the with direct knowledge of what the workers and he said: I am here to make law, even if you were an immigrant to President did practically banging on America keep the promise you wrote this country. the door of the Senate saying: Let me down on the page. From my dad’s example, I learned testify. In my mind, Frederick Douglass and something really different. It might in- We are too lazy for that. The reality Dr. King are Founders, just as much as terest some people around here to is, we are too broken for that. We are the people who wrote the Constitution know he was a staffer in the Senate for too broken for that. And we have failed of the United States. How could they many years. I actually grew up coming in our duty to the American people. not be? How could they not be? here on Saturday mornings, throwing Hamilton said in Federalist 65 that in The women who fought to give my paper airplanes around the hallways of an impeachment trial we were the in- kids, my three daughters, the right to the Dirksen Building and Russell quisitors for the people. The Senate— vote, who fought for 50 years to get the Building. we would be the inquisitors for the peo- right to vote—mostly women in this He worked here at a very different ple. How can you be the inquisitors for country—are Founders, just like the time in the Senate. He worked here at the people when you don’t even dignify people who wrote the Constitution, as a time when Republicans and Demo- the process with evidence and with wit- well. crats worked together to uphold the nesses? Over the years that I have been here, rule of law, to pass important legisla- I often have school kids come visit I have seen this institution crumble tion that was needed by the American me here in the Senate, which I really into rubble. This institution has be- people to move our country forward, a enjoy because I used to be the super- come incapable of addressing the most time when Democrats and Republicans intendent of the Denver Public existential questions of our time that went back home and said: I didn’t get Schools. When they come visit me, the next generation cannot address. everything I wanted, to be sure, but the they very often have been on the Mall. They can’t fix their own school. They 65 percent I did get is worth the bill we They have seen the Lincoln Memorial. can’t fix our immigration system. They have, and here is why the other side They have seen the Washington Monu- can’t fix climate change, although they needed 35 percent. ment. They have been seen the Su- are getting less and less patient with Those days are completely gone in preme Court, this Capitol. And there is us on that issue. the U.S. Senate, and I grieve for them. a tendency among them to believe that But what I have come to conclude is My dad passed away about a year ago. this was just all here, that it was all that the responsibility of all of us—not I know how disappointed he would be just here. And of course, 230 years ago, just Senators but all of us as citizens about where we are, but there isn’t I tell them, none of it was here. None in a democratic republic—230 years anybody who can fix it, except the 100 of it was here. It was in the ideas of the after the founding of this Republic, is people who are here and, I suppose, the Founders, the people whom we call the the responsibility of a Founder. It is American people for whom we osten- Founders, who did two incredible that elevated sense of what a citizen is sibly work. things in their lifetime, in their gen- required to do in a republic to sustain In the last 10 years that I have been eration, that had never been done be- that republic, and I think that is the here, I have watched politicians come fore in human history. They wrote a right way to think about it. It gives to this floor and destroy the solemn re- Constitution that would be ratified by you a sense of what is really at stake sponsibility we have—the constitu- the people who lived under it. It never beyond the headlines on the cable tele- tional responsibility we have—to ad- happened before. They would never vision at night and, certainly, in the vise and consent on judicial appoint- have imagined that we would have social media feeds that divide us ments, to turn that constitutional re- lasted 230 years—at least until the age minute to minute in our political life sponsibility into nothing more than a of Donald Trump. today.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.035 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S895 The Senate has clearly failed that other oath given to us by Chief Justice Based on the clear and convincing standard. We have clearly failed that Roberts to do impartial judgment in evidence presented in this trial, we standard. The idea that we would turn this impeachment trial. I have taken know President Trump used American our backs and close our eyes to evi- this responsibility very seriously. I taxpayer dollars in security assistance dence pounding on the outside of the have listened to both sides make their in order to get Ukraine to interfere in doors of this Capitol is pitiful. It is dis- case. I have reviewed the evidence pre- our elections to help him politically. graceful, and it will be a stain on this sented and I have carefully considered We know the President solicited assist- body for all time. More than 50 percent the facts. ance from Ukraine to pursue an inves- of the people in this place have said From the beginning, I have supported tigation of phony conspiracy theories that what the President did was wrong. a full, fair, and honest impeachment about our 2016 U.S. elections that are a It clearly was wrong. It clearly was un- trial. A majority of this Senate has part of a Russian disinformation cam- constitutional. It clearly was impeach- failed to allow it. I supported the re- paign. We know the President solicited able. What President would run for of- lease of critical evidence that was con- assistance from Ukraine to discredit fice saying to the American people: I cealed by the White House. The other the conclusion by American law en- am going to try to extort a foreign side of the aisle let President Trump forcement, the U.S. intelligence com- power for my own electoral interest to hide it from us, and they voted to keep munity, and confirmed by a bipartisan interfere in our elections? It is exactly it a secret from the American people. I Senate report that Russia interfered the kind of conduct that the impeach- voted for testimony of relevant wit- with our 2016 elections. We also know ment clause was written for. It is a nesses with direct, firsthand evidence President Trump solicited foreign in- textbook case of why the impeachment about the President’s conduct. Senate terference in the upcoming election by clause exists. Republicans blocked witness testimony pressuring Ukraine to publicly an- But even if you don’t agree with me because they didn’t want to be both- nounce investigations to help him po- that he should have been convicted or ered with the truth. litically. that he should be convicted, I don’t Every Senate impeachment trial in I ask my friends to consider the fact know how anybody in this body goes our Nation’s history has included wit- that the Ukrainian President was pres- home and faces their constituents and nesses, and this Senate trial should sured and prepared to go on an Amer- says that we wouldn’t even look at the have been no different. Unfortunately, ican cable television network to an- evidence. it was. A majority of the Senate has nounce these political investigations. So I say to the American people: Our taken the unprecedented step of refus- To those who are making the argu- democracy is very much at risk. I am ing to hear all the evidence, declining ment to acquit the President because not one of those people who believes all the facts, denying the full truth to convict would create further divi- that Donald Trump is the source of all about this President’s corrupt abuse of sion in our country, I ask you to ac- our problems. I think he has made mat- power. President Trump has obstructed knowledge the fact that President ters much worse, to be sure, but he is Congress, and this Senate will let him. Trump’s corrupt scheme has given Rus- a symptom of our problem. He is a Last month, President Trump’s sia another opening to attack our de- symptom of our failure to tend to the former National Security Advisor, mocracy, interfere in our elections, and democracy—to our responsibility—as John Bolton, provided an unpublished further divide our already divided Founders. And if we don’t begin to take manuscript to the White House. The re- country. We know this to be true, but that responsibility as seriously as our cent media reports about what Ambas- the Senate is choosing to ignore the parents and grandparents did—people sador Bolton could have testified to, truth. who faced much bigger challenges than had he not been blocked as a witness, As reported just weeks after the we ever did—nobody is asking us, go to the heart of this impeachment Zelensky call, President Trump told thank God, to end human slavery. No- trial—abuse of power and obstruction Ambassador Bolton in August that he body is asking us to fight for 50 years of Congress. wanted to continue freezing $391 mil- for the self-evident proposition that As reported, in early May 2019, there lion in security assistance to Ukraine women should have the right to vote. was an Oval Office meeting that in- until it helped with the political inves- We are not marching in Selma, being cluded President Trump, Mick tigations. Had Ambassador Bolton tes- beaten for the self-evident prospect Mulvaney, Pat Cipollone, Rudy tified to these facts in this trial, it that all people are created equal. No- Giuliani, and John Bolton. According would have directly contradicted what body is asking us to climb the Cliffs of to Mr. Bolton, the President directed the President told Senator JOHNSON in Normandy to fight for freedom in a him to help with his pressure campaign a phone call on August 31, 2019, in World War. to solicit assistance from Ukraine to which, according to Senator JOHNSON, But we are being asked to save the pursue investigations that would not the President said: democracy and we are going to fail only benefit President Trump politi- I would never do that. Who told you that? that test today in the Senate. And my prayer for our country is that the cally but would act to exonerate Rus- John Bolton not only has direct evi- American people will not fail that test. sia from their interference in our 2016 dence that implicates President Trump I am optimistic that we will not. We elections. in a corrupt abuse of power, but he has Several weeks later, the U.S. Depart- have never failed it before, and I don’t direct evidence that President Trump ment of Defense certified the release of think we will fail it in our time. lied to one of our colleagues in an at- I yield the floor. military aid to Ukraine, concluding tempt to cover it up. It may not mat- The PRESIDING OFFICER. The Sen- that they had taken substantial acter to this Senate, but I can tell you ator from Wisconsin. tions to decrease corruption. This was that it matters to the people of the Ms. BALDWIN. Madam President, in part of the security assistance we ap- State of Wisconsin that this President 2012, the good people of Wisconsin proved in Congress with bipartisan sup- did not tell their Senator the truth. elected me to work for them in the port to help Ukraine fight Russian ag- Based on the facts presented to us, I Senate. Like every one of my fellow gression. However, President Trump refuse to join this President’s coverup, Senators, I took an oath of office. In blocked it and covered it up from Con- and I refuse to conclude that the Presi- 2018, I was reelected and I took that gress. dent’s abuse of power doesn’t matter, same oath. We have all taken that On July 25, 2019, as President Trump that it is OK, and that we should just oath. It is not to support and defend was withholding the support for get over it. the President—this President or any Ukraine, he had a telephone call with I recognize the courageous public other. Our oath is to support and de- Ukrainian President Zelensky. Based servants who did what this Senate has fend the Constitution of the United on a White House call summary memo failed to do—to put our country first. States. That is our job every day that that was released 2 months later, we In the House impeachment inquiry, we come to work, and it certainly is all know the President put his own po- brave government servants came for- our job here today. litical interest ahead of our national ward and told the truth. They put their Just over 2 weeks ago, we all stood security and the integrity of our elec- jobs on the line. Instead of inspiring us together right here and we took an- tions. to do our duty—to do our jobs—they

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.036 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S896 CONGRESSIONAL RECORD — SENATE February 5, 2020 have faced character assassination ment in governance. We, the 100 of us, What happened here over the last 2 from this President, the White House, were given the responsibility to keep it weeks is as much a corruption as and some of my colleagues here in the safe from those who may deign to harm Trump’s scheme was. This trial was Senate. It is a disgrace to this institu- it, and when the Senate lives up to this simply an extension of Trump’s tion that they have been treated as charge, it is an awesome, inspirational crimes—no documents, no witnesses. It anything less than the patriots they sight to behold. was the first-ever impeachment trial in are. I was born 3 weeks after Alexander the Senate without either. John As Army LTC Alexander Vindman Butterfield revealed the existence of a Bolton, in his practically begging to said, ‘‘This is America. Here, right taping system in the White House that come here and tell his firsthand ac- matters.’’ likely held evidence of President Nix- count of the President’s corruption, My judgment is inspired by these on’s crimes, and I was born 1 week was denied—just to make sure that words, and I am guided to my commit- after the Senate Watergate Committee, voters couldn’t hear his story in time ment to put country before party and in a bipartisan vote, ordered Nixon to for them to be able to pressure their our Constitution first. turn over several key tapes. Senators prior to an impeachment My vote on the President’s abuse of Now, my parents were Republicans. vote. power and obstruction of Congress is a My mom is still a Republican. Over the This was a show trial—a gift-wrapped vote to uphold my oath of office and to years, they have voted for a lot of present for a grateful party leader. We support and defend the Constitution. Democrats and Republicans. They became complicit in the very attacks My vote is a vote to uphold the rule of raised me, in the shadow of Watergate, on democracy that this body is sup- to understand that what mattered in law and our uniquely American prin- posed to guard against. We have failed politics wasn’t really someone’s party. ciple that no one—not even the Presi- to protect the Republic. dent—is above the law. I only have 1 of It was whether you were honest and de- What is so interesting to me is that cent and if you were pursuing office for 100 votes in the U.S. Senate, and I am it is not like the Republicans didn’t see the right reasons. this moment coming. In fact, many of afraid that the majority is putting this In the year I was born, this Senate my colleagues across the aisle literally President above the law by not con- watched a President betray the Nation, predicted it. Prior to the President’s victing him of these impeachable of- and this Senate—both Democrats and election, here is what the Republican fenses. Republicans—stood together to protect Senators said about Donald Trump. Let’s be clear. This is not an exonera- the country from this betrayal. This is One said: tion of President Trump. It is a failure exactly what our Founders envisioned to show moral courage and hold this He is shallow. He is ill-prepared to be Com- when they gave the Congress the mas- mander in Chief. I think he is crazy. I think President accountable. sive responsibility of the impeachment Now every American will have the he is unfit for office. power. They said to use it sparingly, to Another said: power to make his or her own judg- use it not to settle political scores but ment. Every American gets to decide The man is a pathological liar. He doesn’t to use it when a President has strayed know the difference between truth and lies. what is in our public interest. We the from the bonds of decency and pro- Yet another Republican Senator said: people get to choose what is in our na- priety. tional interest. I trust the American The Founders wanted Congress to What we are dealing with is a con artist. people. I know they will be guided by save the country from bad men who He is a con artist. our common good and the truth. The would try to use the awesome power of Now, you can shrug this off as elec- people we work for know what the the executive branch to enrich them- tion-year rhetoric, but no Democrat truth is, and they know, in America, it selves or to win office illicitly, and I has ever said these kinds of things matters. grew up under the belief that, when about a candidate from our party, and I yield the floor. those bad men presented themselves, prior to Trump, no Republican had said The PRESIDING OFFICER. The Sen- this place had the ability to put aside such things about candidates from ator from Connecticut. party and work to protect our fragile their party either. The truth is the Re- Mr. MURPHY. Madam President, it democracy from attack. publicans, before Trump became the is important to remind ourselves, at This attack on our Republic that we head of their party, knew exactly how moments like this, how unnatural and are debating today, if left unchecked, dangerous he was and how dangerous uncommon democracy really is. is potentially lethal. The one sacred he would be if he won. They knew he Just think of all of the important fo- covenant that an American President was the archetype of that bad man the rums in your life. Think about your makes with the governed is to use the Founders intended the Senate to pro- workplace, your family, your favorite massive power of the executive branch tect democracy from. sports team. None of them makes deci- for the good of the country, not for per- That responsibility seems to no sions by democratic vote. The CEO de- sonal financial or political benefit. The longer retain a position of primacy in cides how much money you are going difference between a democracy and a this body today. The rule of law to make. It is not by the vote of your tin-pot dictatorship is that, here, we doesn’t seem to come first today. Our fellow employees. You love your kids, don’t allow Presidents to use the offi- commitment to upholding decency and but they don’t get an equal say in cial levers of power to destroy political truth and honor is not the priority household matters as mom and dad do. opponents. Yet that is exactly what today. In the modern Senate today, all The plays the Chiefs called on their President Trump did, and we all know that seems to matter is party. What is game-winning drives were not decided it. Even the Republicans who are going different about this impeachment is by a team vote. to vote to acquit him today admit not that the Democrats have chosen to No, most everything in our lives that that. If you think that our endorse- make it partisan. It is that the Repub- matters, other than the government ment through acquittal will not have licans have chosen to excuse their par- under which we live, is not run by an impact, then, just look at Rudy ty’s President’s conduct in a way that democratic vote, and, of course, a tiny Giuliani’s trip to Ukraine in December, they would not have done and did not percentage of humans—well under 1 which was in the middle of the im- do 45 years ago. That is what makes percent—have lived in a democratic so- peachment process. He went back, this moment exceptional. ciety over the last thousand years of looking for more dirt, and the Presi- Now, Congressman SCHIFF, in his human history. dent was ringing him up to get the de- closing argument, rightly challenged Democracy is unnatural. It is rare. It tails before Giuliani’s plane even hit the Democrats to think about what we is delicate. It is fragile, and untended the gate. The corruption hasn’t would do if a President of our party to, neglected, or taken for granted, it stopped. It is ongoing. If this is the new ever committed the same kind of of- will disappear like ashes that scatter normal—the new means by which a fense that Donald Trump has. I think into the cold night. President can consolidate power and it was a very wise query and one that This body—the U.S. Senate—was con- try to destroy political opponents— we as Democrats should not be so ceived by our Founders to be the ulti- then we are no longer living in Amer- quick on the trigger to answer self- mate guardians of this brittle experi- ica. righteously.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.047 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S897 Would we have the courage to stand In addition, the President’s team pre- ical. Accordingly, the President is up to our base, to our political sup- sented three defenses: first, that there guilty of an appalling abuse of public porters, and vote to remove a Demo- could be no impeachment without a trust. cratic President who had chosen to statutory crime; second, that the What he did was not ‘‘perfect.’’ No, it trade away the safety of the Nation for Bidens’ conduct justified the Presi- was a flagrant assault on our electoral political help? It would not be easy. dent’s actions; and third, that the judg- rights, our national security, and our No, the easy thing to do would be to ment of the President’s actions should fundamental values. Corrupting an just do what is happening today—to be left to the voters. Let me first ad- election to keep one’s self in office is box our ears, close our eyes, and just dress those three defenses. perhaps the most abusive and destruc- hope the corruption goes away. The historic meaning of the words tive violation of one’s oath of office So I have thought a lot about this ‘‘high crimes and misdemeanors,’’ the that I can imagine. question over these past 2 days, and I writings of the Founders, and my own In the last several weeks, I have re- have come to the conclusion that, at reasoned judgment convinced me that ceived numerous calls and texts. Many least for me, I would hold the Demo- a President can indeed commit acts demanded, in their words, that I ‘‘stand crats to the same standard. I would against the public trust that are so with the team.’’ I can assure you that vote to remove. But I admit to some egregious that, while they are not stat- thought has been very much in my level of doubt, and I think that I need utory crimes, they would demand remind. You see, I support a great deal of to be honest about that because the moval from office. what the President has done. I have pressures today to put party first are To maintain that the lack of a codi- voted with him 80 percent of the time. real on both sides of the aisle, and they fied and comprehensive list of all the But my promise before God to apply are much more acute today than they outrageous acts that a President might impartial justice required that I put were during Watergate. conceivably commit renders Congress my personal feelings and political bi- It is with that reality as context that powerless to remove such a President ases aside. Were I to ignore the evi- I prepare to vote today. I believe that defies reason. dence that has been presented and dis- the President’s crimes are worthy of The President’s counsel also notes regard what I believe my oath and the removal. I will vote to convict on both that Vice President Biden appeared to Constitution demands of me for the Articles of Impeachment. have a conflict of interest when he un- sake of a partisan end, it would, I fear, But I know that something is rotten dertook an effort to remove the expose my character to history’s rein the state of Denmark. Ours is an in- Ukrainian prosecutor general. If he buke and the censure of my own constitution built to put country above knew of the exorbitant compensation science. party, and today we are doing, often, his son was receiving from a company I am aware that there are people in the opposite. I believe within the cult actually under investigation, the Vice my party and in my State who will of personality that has become the President should have recused himself. strenuously disapprove of my decision, Trump Presidency, the disease is more While ignoring a conflict of interest is and in some quarters, I will be vehe- acute and more perilous to the Na- not a crime, it is surely very wrong. mently denounced. I am sure to hear tion’s health on the Republican side of With regard to Hunter Biden, taking abuse from the President and his sup- the ledger, but I admit this affliction excessive advantage of his father’s porters. Does anyone seriously believe has spread to all corners of this Cham- name is unsavory but also not a crime. that I would consent to these con- ber. Given that in neither the case of the sequences other than from an inescap- If we are to survive as a democracy— father nor the son was any evidence a fragile, delicate, constantly in need able conviction that my oath before presented by the President’s counsel God demanded it of me? of tending democracy—then this Sen- that a crime had been committed, the ate needs to figure out a way after I sought to hear testimony from President’s insistence that they be in- today to reorder our incentive system John Bolton, not only because I believe vestigated by the Ukrainians is hard to and recalibrate our faiths so that the he could add context to the charges but explain other than as a political pur- health of one party never ever again also because I hoped that what he suit. There is no question in my mind comes before the health of our Nation. might say could raise reasonable doubt I yield the floor. that were their names not Biden, the and thus remove from me the awful ob- The PRESIDING OFFICER (Mr. President would never have done what ligation to vote for impeachment. PERDUE). The Senator from Utah. he did. Like each Member of this delibera- Mr. ROMNEY. Mr. President, the The defense argues that the Senate tive body, I love our country. I believe Constitution is at the foundation of should leave the impeachment decision that our Constitution was inspired by our Republic’s success, and we each to the voters. While that logic is ap- providence. I am convinced that free- strive not to lose sight of our promise pealing to our democratic instincts, it dom itself is dependent on the strength to defend it. is inconsistent with the Constitution’s and vitality of our national character. The Constitution established a vehi- requirement that the Senate, not the As it is with each Senator, my vote is cle of impeachment that has occupied voters, try the President. Hamilton ex- an act of conviction. We have come to both Houses of our Congress these plained that the Founders’ decision to different conclusions, fellow Senators, many days. We have labored to faith- invest Senators with this obligation but I trust we have all followed the dic- fully execute our responsibilities to it. rather than leave it to the voters was tates of our conscience. We have arrived at different judg- intended to minimize to the extent pos- I acknowledge that my verdict will ments, but I hope we respect each oth- sible the partisan sentiments of the not remove the President from office. er’s good faith. public at large. So the verdict is ours The results of this Senate court will, in The allegations made in the Articles to render under our Constitution. The fact, be appealed to a higher court—the of Impeachment are very serious. As a people will judge us for how well and judgment of the American people. Vot- Senator juror, I swore an oath before faithfully we fulfill our duty. ers will make the final decision, just as God to exercise impartial justice. I am The grave question the Constitution the President’s lawyers have implored. profoundly religious. My faith is at the tasks Senators to answer is whether My vote will likely be in the minority heart of who I am. I take an oath be- the President committed an act so ex- in the Senate. But irrespective of these fore God as enormously consequential. treme and egregious that it rises to the things, with my vote, I will tell my I knew from the outset that being level of a high crime and misdemeanor. children and their children that I did tasked with judging the President—the Yes, he did. The President asked a for- my duty to the best of my ability, be- leader of my own party—would be the eign government to investigate his po- lieving that my country expected it of most difficult decision I have ever litical rival. The President withheld me. faced. I was not wrong. vital military funds from that govern- I will only be one name among The House managers presented evi- ment to press it to do so. The President many—no more, no less—to future gen- dence supporting their case, and the delayed funds for an American ally at erations of Americans who look at the White House counsel disputed that war with Russian invaders. The Presi- record of this trial. They will note case. dent’s purpose was personal and polit- merely that I was among the Senators

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.049 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S898 CONGRESSIONAL RECORD — SENATE February 5, 2020 who determined that what the Presi- not a fair process. Does that sound fair challenging to the other side, but it is, dent did was wrong, grievously wrong. to you? indeed, a fact, driven home by the Re- We are all footnotes at best in the Democrats began talking about im- publican Party and President Donald annals of history, but in the most pow- peachment within months of President John Trump. These facts do have con- erful Nation on Earth, the Nation con- Trump’s election and have made it sequences, just like elections. ceived in liberty and justice, that dis- clear that their No. 1 goal—perhaps Our friends on the other side, unfor- tinction is enough for any citizen. their only goal—has been to remove tunately, decided that if they could not I yield the floor. him from office. Does that sound fair beat him at the polls, give Congress an The PRESIDING OFFICER. The Sen- to you? opportunity to, in fact, impeach the ator from South Carolina. They have said: ‘‘We are going to im- President. My friends on the left sim- Mr. SCOTT of South Carolina. Mr. peach the . . . ’’ and used an expletive. ply don’t want a fair process. This President, over the past few weeks, we They said: ‘‘We have to impeach him, process has lacked fairness. Instead, have heard a lot of arguments, accusa- otherwise he’s going to win the elec- they paint their efforts as fighting on tions, and anecdotes. Some very skilled tion.’’ Now that might be the trans- behalf of democracy when, in fact, they speakers on both sides have presented parency we have been looking for in are just working on behalf of Demo- their case both for and against im- this process—the real root or founda- crats. That is not fair. It is not what peachment. tion of why we found ourselves here for the American people deserve. I listened intently, hour after hour, 60 hours of testimony. It might be be- House managers said over and over day after day, to the House managers cause, as they said themselves, if we again, the Senate had to protect our and the President’s lawyers, and the don’t impeach him, he might just win. Nation’s free and fair elections, but word that kept coming to me, that I What an amazing thought that the they are seeking to overturn a fairly kept writing down in my notes was American people and not Members of won election with absurd charges. The House managers said over and ‘‘fairness’’ because, you see, here in Congress would decide the Presidency over again that the Senate has to allow America you are innocent until proven of the United States. What a novel con- new witnesses so as to make the Sen- guilty. cept that the House managers and Con- ate trial fair, but they didn’t bother As the President’s defense team gress would not remove his name from with the notion of fairness when they noted, ‘‘[A]t the foundation of those the ballot in 2020, but we would allow were in charge in the House. authentic forms of justice is funda- the American people to decide the fate Their notion of fairness is to give the mental fairness. It’s playing by the of this President and of the Presidency. prosecution do-overs and extra latitude rules. It’s why we don’t allow deflated They don’t get it. They don’t under- but not the defendants. footballs or stealing signs from the stand that the American people should Actions speak louder than words, and field. Rules are rules. They’re there to be and are the final arbiters of what the Democrats’ actions have said all we be followed.’’ happens. They want to make not only need to hear. You can create all the rhetorical im- the President vulnerable, but they Let’s vote no on these motions today agery in the world, but without the want to make Republican Senators vul- and get back to working for the Amer- facts to prove guilt, it doesn’t mean a nerable so that they can control the ican people. thing. They can say the President can- majority of the U.S. Senate because The PRESIDING OFFICER. The Sen- not be trusted, but without proving the facts are not winning for them. The ator from Delaware. why he can’t be trusted, their words facts are winning for us because when Mr. COONS. Mr. President, the last are just empty political attacks. you look at the facts, they are not time this body—the last time the Sen- You can speak of David v. Goliath, their facts and our facts, they are just ate—debated the fate of a Presidency but if you were the one trying to sub- the facts. What I have learned from in the context of impeachment, the vert the presumption of innocence, if watching the House managers who legendary Senator from West Virginia, you were the one to will facts into ex- were very convincing—they were very Robert Byrd, rose and said: istence, you are not David; you have convincing the first day—and after I think my country sinks beneath the become Goliath. that what we realized was, some facts yoke. It weeps, it bleeds, and each new day a Our job here in the Senate is to en- mixed with a little fiction led to 100 gash is added to her wounds. sure a fair trial based on the evidence percent deception. You cannot mix Our country today, as then, is in gathered by the House. I have been ac- facts and fiction without having the pain. We are deeply divided, and most cused, as have many of my colleagues, premise of deceiving the American pub- days, it seems to me that we here are of not wanting that fair trial. The lic, and that is what we saw here in our the ones wielding the shiv, not the exact opposite is true. We have ensured Chamber. salve. a fair trial in the Senate after House Why is that the case? It is simple. The Founders gave this Senate the Democrats abused historical prece- When you look at the facts of this sole power to try impeachments because, as Alexander Hamilton wrote: dents in their zeal to impeach a Presi- Presidency, you come to a few conclu- ‘‘Where else than in the Senate could dent they simply do not like. sions that are, in fact, indisputable. have been found a tribunal sufficiently During prior impeachment pro- One of those conclusions is that our dignified, or sufficiently independent?’’ ceedings in the last 50 years—lasting economy is booming, and it is not sim- I wish I could say with confidence around 75 days or so in the House—the ply booming from the top. When you that we here have lived up to the faith House’s opposing party was allowed start looking into the crosstabs, as I our Founders entrusted in us. Unfortu- witnesses and the ability to cross-ex- like to say, what you find is that the nately, I fear, in this impeachment amine. This time, House Republicans bottom 20 percent are seeing increases trial, the Senate has failed a historic were locked out of the first 71 of 78 that the top 20 percent are not seeing. test of our ability to put country over days. Let me say that differently. The So this economy is working for the party. ability to cross-examine the witnesses most vulnerable Americans, and that is Foreign interference in our democ- who are coming before the House challenging to our friends on the other racy has posed a grave threat to our against the President, the House Re- side. Nation since its very founding. James publicans and the President’s team When you think about the fact that Madison wrote that impeachment was were not allowed to cross-examine the opportunity zone legislation sup- an ‘‘indispensable’’ check against a those witnesses. The ability to con- ported by this President is bringing $67 President who would ‘‘betray his trust tradict and/or to cross-examine or have billion of private sector dollars into to foreign powers.’’ a conversation about the evidence at the most vulnerable communities, that The threat of foreign interference re- the foundation of the trial? The White is challenging to the other side, but mains grave and real to this day. It is House counsel and Republicans were those, too, are facts. When you think indisputable that Russia attacked our not allowed. Think about the concept about the essence of criminal justice 2016 election and interfered in it broad- of due process. The House Republicans reform and making communities safer ly. President Trump’s own FBI Direc- and President’s team, were not allowed and having a fairer justice system for tor and Director of National Intel- for 71 of 78 days in the House. This is those who are incarcerated, that is ligence have warned us they are intent

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.050 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S899 on interfering in our election this com- The President’s counsel have warned dents Nixon and Clinton before him, ing fall. us of danger in partisan impeachments. who directed their senior advisers and So, to my Republican colleagues, I They have cautioned that abuse of Cabinet officials to cooperate, Presi- have frankly found it difficult to un- power—the first article—is a difficult dent Trump stonewalled every step of derstand why you would continue to so standard to define. They have ex- this Congress’s impeachment inquiry fervently support a President who has pressed deep concern about an im- and then personally attacked those repeatedly and publicly invited foreign peachment conducted on the brink of who cooperated. The people who testi- interference in our elections. our next Presidential election. fied to the House of Representatives in During his 2016 campaign, Donald I understand those concerns and even spite of the President’s orders are dedi- Trump looked straight into the cam- share some of them. The House man- cated public servants and deserve our eras at a press conference and said: agers, in turn, warned us that our thanks, not condemnation. Russia, if you’re listening, I hope President has demonstrated a perilous you’re able to find Secretary Clinton’s willingness to seek foreign interference Where do we go from here? Well, 30,000 emails. in our elections and presented signifi- after President Clinton’s impeachment We now know with certainty that cant evidence that the President with- trial, he said: ‘‘This can be and must be Russian military intelligence hackers held foreign aid from a vulnerable ally, a time of reconciliation and renewal first attempted to break into Secretary not to serve our national interest but for [our country],’’ and he apologized Clinton’s office servers for the first to attack a political opponent. They for the harm he had done to our Na- time that very day. Throughout his demonstrated the President has cat- tion. campaign, President Trump praised the egorically obstructed congressional in- When President Nixon announced his publication of emails that Russian vestigations to cover up his mis- resignation, he said: ‘‘The first essen- hackers had stolen from his political conduct. These are serious dangers too. tial is to begin healing the wounds of opponent. He mercilessly attacked We, then, are faced with a choice be- this Nation.’’ former FBI Director Robert Mueller tween serious and significant dangers. throughout his investigation into the After listening closely to the evidence, I wish President Trump would use 2016 election and allegations of Russian weighing the arguments, and reflecting this moment to bring our country to- interference. on my constitutional responsibility gether, to assure us he would work to Now we know, following this trial, and my oath to do impartial justice, I make the 2020 election a fair contest; that the day after Special Counsel have decided today I will vote guilty on that he would tell Russia and China to Mueller testified about his investiga- both articles. stay out of our elections; that he would tion to this Congress, President I recognize that many of my col- tell the American people, whoever his Trump, on a phone call with the Presi- leagues have made up their minds. No opponent might be, the fight will be be- dent of Ukraine, asked for a favor. He matter what decision you have tween candidates, not families; that if asked President Zelensky to announce reached, I think it is a sad day for our he loses, he will leave peacefully, in a an investigation of his chief political country. I myself have never been on a dignified manner; and that if he wins, rival, former Vice President Joe Biden, crusade to impeach Donald Trump, as he will work tirelessly to be the Presi- and he asked for an investigation into has been alleged against all Democrats. dent for all people. a Russian conspiracy theory about that I have sought ways to work across the But at this point, some might sug- DNC server. In the weeks and the aisle with his administration, but in gest it would be hopelessly naive to ex- months since, he has repeated that the years that have followed his elec- pect of President Trump that he would Ukraine should investigate his polit- tion, I have increasingly become con- apologize or strive to heal our country ical opponent and that China should as vinced our President is not just uncon- or do the important work of safe- well. ventional, not just testing the bound- guarding our next election. So that During the trial here, after the House aries of our norms and traditions, but falls to us. managers and President’s counsel made he is at times unmoored. their presentation, Senators had the Throughout this trial, I have heard To my colleagues who have con- opportunity to ask questions. I asked a from Delawareans who are frustrated cluded impeachment is too heavy a question of the President’s lawyers the Senate refused to hear from wit- hammer to wield, if you believe the about a sentence in their own trial nesses or subpoena documents needed American people should decide the fate brief that stated: ‘‘Congress has forbid- to uncover all the facts about the of this President in the next election, den foreigners’ involvement in Amer- President’s misconduct. I have heard what will you do to protect our democ- ican elections.’’ from Delawareans who fear our Presi- racy? What will you do to ensure the I simply asked whether the Presi- dent believes he is above the law and American people learn the truth of dent’s own attorneys believed their cli- that he acts as if he is the law. I have what happened so that they can cast ent, President Trump, agrees with that also heard from Delawareans who just informed votes? Will you cosponsor statement, and they refused to confirm want us to find a way to work together. bills to secure our elections? Will you that he does. And how could they when It is my sincere regret that, with all insist they receive votes on this floor? he has repeatedly invited and solicited the time we have spent together, we Will you express support for the intel- foreign interference in our elections? could not find common ground at all. ligence community that is working to So, to my colleagues: Do you doubt From the opening resolution that set keep our country safe? Will you ensure that President Trump did what he is the procedures for trial adopted on a whistleblowers who expose corruption accused of? Do you doubt he would do party-line basis, the majority leader are protected, not vilified? Will you it again? Do you think for even one refused all attempts to make this a press this administration to cooperate moment he would refuse the help of more open and more fair process. Every with investigations and to allow mean- foreign agents to smear any one of us if Democrat was willing to have Chief ingful accommodations so that Con- he thought it was in his best political Justice Roberts rule on motions to sub- gress can have its power of oversight? interest? And I have to ask: What be- poena relevant witnesses and docu- Why can we not do this together? comes of our democracy when elections ments. Every Member of the opposing Each day of this trial, we have said become a no-holds-barred blood sport, party refused. We could not even forge the Pledge of Allegiance to our com- when our foreign adversaries become a consensus to call a single witness mon Nation. For my Republican our allies, and when Americans of the who has said he has firsthand evidence, friends who have concluded the voters opposing party become our enemies? who is willing to testify and was even should decide President Trump’s fate, Throughout this trial, I have listened preparing to appear before us. to the arguments of the House man- When an impeachment trial becomes we need to do more together to make agers prosecuting the case against meaningless, we are damaged and that possible. Many of my Democratic President Trump and of the arguments weakened as a body, and our Constitu- friends, I know, are poised to do their of counsel defending the President. I tion suffers in ways not easily repaired. very best to defeat President Trump at engaged with colleagues on both sides We have a President who hasn’t turned the ballot box. of the aisle and listened to their posi- over a single scrap of paper in an im- So here is my plea—that we would tions. peachment investigation. Unlike Presi- find ways to work together to defend

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.052 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S900 CONGRESSIONAL RECORD — SENATE February 5, 2020 our democracy and safeguard our next plete the House’s work—what they In Federalist 78, Hamilton wrote: election. We have spent more time to- were asking us to do. ‘‘[L]iberty can have nothing to fear gether here in the last few weeks than The Founders were concerned about from the judiciary alone, but would in the last few years. Imagine if we this very point. Alexander Hamilton have everything to fear from its union dedicated that same time to passing wrote, regarding impeachments: with either of the other departments.’’ the dozens of bipartisan bills that have ‘‘[T]here will always be the greatest If the House managers prevail, the come over from the House that are danger that the decision will be regu- House would have destroyed our con- awaiting action. Imagine what we lated more by the comparative stitutional balance, declaring itself the could accomplish for our States and strength of parties, than by real dem- arbiter of constitutional rights and our country if we actually tackled the onstrations of innocence or guilt.’’ conscripting the Chief Justice to do it. challenges of affordable healthcare and More recently, Congressman JERRY To be clear, the executive branch is ending the opioid crisis, making our NADLER, one of the House managers in not immune from legislative oversight schools and communities safer, and the trial, said: or impeachment and trial, but that bridging our profound disagreements. There must never be a narrowly voted im- cannot come at the expense of con- What fills me with dread, to my col- peachment or an impeachment substantially stitutional rights—certainly not with- leagues, is that each day we come to supported by one of our major political par- out input from the judiciary. After all, this floor and talk past each other and ties and largely opposed by the other. Such since Marbury v. Madison, ‘‘[i]t is em- not to each other and fail to help our an impeachment will lack legitimacy. phatically the duty of the Judicial De- constituents. Last March, Speaker NANCY PELOSI partment to say what the law is.’’ Let me close by paraphrasing our said: ‘‘Impeachment is so divisive to Without this separation, nothing stops Chaplain—Chaplain Black—whose the country that unless there’s some- the House from seeking privileged in- daily prayers brought me great thing so compelling and overwhelming formation under the guise of an im- strength in recent weeks: May we work and bipartisan, I don’t think we should peachment inquiry. together to bring peace and unity. May go down that path, because it divides But the House managers say that no we permit Godliness to make us bold as the country.’’ matter how flimsy the House’s case, if lions. May we see a clear vision of our The Framers knew that partisan im- the Executive tries to protect that in- Lord’s desire for our Nation and re- peachments could lead to impeach- formation constitutionally, that itself member we borrow our heartbeats from ments over policy disagreements. is an impeachable offense. That dan- our Creator each day. Legal scholars like Charles Black have gerous precedent would weaken the The PRESIDING OFFICER. The Sen- written that policy differences are not stability of government—constantly ator from Colorado. grounds for impeachment. But policy threatening the President with re- Mr. GARDNER. Mr. President, over differences about corruption and the moval and setting the stage for a con- the last several months and last sev- proper use of tax dollars are at the stitutional crisis without recourse to eral weeks, the American people have very heart of this impeachment. Never- the courts. With that precedent set, watched Washington convulse in par- theless, that disagreement led the the separation of powers would simply tisan accusations, investigations, and House to deploy this most serious of cease to exist. Over the 244-year history of our coun- endless acrimony. That division constitutional remedies. try, no President has been removed reached its high watermark as the U.S. The reason the Framers were con- from office. The first Presidential im- Senate carried out the third Presi- cerned about partisan or policy impeachment occurred in 1868. The next dential impeachment trial in our Na- peachments was their concern for the was more than 100 years later. Now, 50 tion’s history. American people. Removing a Presi- We saw, over the last 2 weeks, an im- dent disenfranchises the American peo- percent of Presidents have been impeached in the last 25 years alone. A peachment process that included the ple. For a Senate of only 100 people, to tool so rarely used in the past is now testimony of 17 witnesses, more than do that requires a genuine, bipartisan, being used more frequently. It is a dan- 100 hours of testimony, and tens of national consensus. Here, especially gerous development, and the Senate thousands of pages of evidence, records, only 9 months before an election, I can- stands as the safeguard as passions and documents, which I successfully not pretend the people will accept this grow even more heated. body removing a President who re- fought to make part of the record. I These defective articles and the de- fought hard to extend the duration of ceived nearly 63 million votes without fective process leading to them allow testimony to ensure that each side meeting that high burden. the House to muddy things and claim The House managers’ other argument could be heard over 6 days instead of we are setting a destructive precedent just 4. But what we did not see over the to remove the President—obstruction for the future. last 2 weeks was a conclusive reason to of Congress—is an affront to the Con- Of course, bad cases make bad law. remove the President of the United stitution. The Framers created a sys- The House’s decision to short-circuit States—an act which would nullify the tem of government in which the legis- the investigation—moving faster than 2016 election and rob roughly half the lative, executive, and the judiciary are any Presidential impeachment ever, country of their preferred candidate for evenly balanced. The Framers con- and a wholly partisan one at that—cer- the 2020 elections. sciously diluted each branch’s power, tainly makes for a bad case. House managers repeatedly stated making all three separate but equal So, again, let me be clear about what that they had established ‘‘over- and empowered to check each other. this precedent does not do. At the out- whelming evidence’’ and an ‘‘airtight’’ The obstruction charge assumes the set, this case does not set the prece- case to remove the President. Yet they House is superior to the executive dent that a President can do anything also repeatedly claimed they needed branch. In their zeal, the House man- as long as he believes it to be in his additional investigation and testi- agers would disempower the judiciary electoral interest. I also reject the mony. A case cannot be both ‘‘over- and demand that the House’s interpre- claim that impeachment requires whelming’’ and ‘‘airtight’’ and yet in- tation of the sole power of impeach- criminal conduct. Rather, this shows, complete at the same time. That con- ment be accepted by the Senate and first, that House committees cannot tradiction is not mere semantics. the other branches without question. simply assume the impeachment power In their partisan—their partisan— They claim no constitutional privilege to compel evidence without express au- race to impeach, the House failed to do exists to protect the executive branch thority from the full body and cor- the fundamental work required to against the legislature seeking im- responding political accountability. prove its case, to meet the heavy bur- peachment. They go further and claim Second, the House should work in den. For the Senate to ignore this defi- that a single Justice—a single Jus- good faith with the Executive through ciency and conduct its own investiga- tice—exercising the Senate’s sole the accommodation process. If that tion would weaponize the impeachment power to try impeachments, can actu- process reaches an impasse, the House power. A House majority could simply ally strip the executive of its constitu- should seek the assistance of the judi- short-circuit an investigation, im- tional protections with a simple de- cial branch before turning to impeach- peach, and demand the Senate com- cree. ment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.053 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S901 Finally, when Articles of Impeach- But today, and throughout this stunning. The President argues that we ment come to the Senate along par- ‘‘trial,’’ we are failing this test and cannot convict him because abuse of tisan lines, when nearly half of the peo- witnessing the very worst of the mod- power is not impeachable. He can abuse ple appear unmoved and maintain ada- ern Senate. After being confronted his power to benefit his re-election, and mant support for the President and with overwhelming evidence of a bra- engage in improper quid pro quos, so when the country is just months away zen abuse of executive power, and an long he believes his re-election is in from an election, in these cir- equally brazen attempt to keep that the national interest. King Louis XIV cumstances, the American people scheme hidden from Congress and the of France—who famously declared ‘‘I would likely not accept removing the American people, the Senate is poised am the State’’—might approve of that President, and the Senate can wisely to look the other way. To simply move reasoning, but the Senate should con- decline to usurp the people’s power to on. To pretend the Senate has no re- demn it. The President and his attor- elect their own President. sponsibility to reveal the President’s neys even argue that a president may It has been said in this trial that the misconduct and, God forbid, hold him welcome and even request foreign gov- American people cannot make that de- to account. ernments to ‘‘dig up dirt’’ on their op- cision for themselves. I couldn’t dis- Indeed we are being told the Senate ponents with impunity. Yet not only agree more. I believe in the American has no constitutional role to play, and are such requests illegal, they violate people. I believe in the power of our only the American people should judge the very premise of our democracy— people to evaluate the President, to the President’s misconduct in the next that American elections are decided make their decision in November, and election. This is despite the Senate’s only by Americans. to move forward in our enduring effort constitutionally-mandated role, and The Senate should flatly reject the to form a more perfect union. I do not despite the fact that the President’s President’s brazen and dangerous argu- believe a Senate nullification of two scheme was aimed at cheating in that ments. But an acquittal today will do elections over defective Impeachment very election. And now the Senate is the opposite. If you believe that the Articles is in the Nation’s best inter- cementing a cover-up of the President’s President’s outlandish arguments are est. misconduct, to keep its extent hidden irrelevant after today, and will have no So let’s move forward with the peo- from the American people. How, then, lasting impact on our democracy, re- ple’s business and bring this Nation will the American people be equipped member this: The President’s counsel’s back together. Let’s rise up together, to judge the President’s actions? How claim that abuse of power is not im- not fight each other. Not all of us far the Senate has fallen. peachable is largely—and mistakenly— voted for President Trump. Not all of In some ways, President Nixon’s mis- based on the argument of another us voted for the last President or the conduct—directing a break-in of the counsel, Justice Benjamin Curtis, de- one before him. Yet we should work to Democratic National Committee head- fending another president from im- make our Nation successful regardless quarters to benefit himself politi- peachment, President Johnson. That of partisan passions. Passion, posi- cally—seems quaint compared to what was 150 years ago. tively placed, will provide our Nation we face today. As charged in Article I, What we do today will set a weighty with the prosperity it has always been President Trump secretly directed a precedent. An acquittal today—despite blessed with. Partisan poison will sweeping, illegal scheme to withhold the overwhelming evidence of guilt, prove devastating to our Nation’s long- $400 million in military aid from an and following a sham of a trial—may term prosperity. ally at war in order to extort that ally fundamentally, and perhaps irrep- We must not allow our fractures to destroy our national fabric or partisan- into announcing investigations of his arably, distort our system of checks ship to destroy our friendships. If we political opponent to boost his re-elec- and balances for another 150 years. And what a sham trial it was. The come together, we will succeed to- tion. Then, instead of hiding select in- fact that this body would not call a gether, for surely we are bound to- criminating records, as President uniquely critical witness who has de- gether in this, the great United States Nixon did, President Trump attempted clared his willingness to testify, John of America. to hide every single record from the I yield the floor. American people. As reflected in Arti- Bolton, is beyond outrageous. And The PRESIDING OFFICER. The Sen- cle II, President Trump has the distinc- why? To punish the House for not tak- ator from Vermont. tion of being the only president in our ing years to first litigate a subpoena Mr. LEAHY. Mr. President, I entered nation’s history to direct all executive and then litigate every line of testi- the Senate in the wake of Watergate in branch officials not to cooperate with a mony? Or is it because testimony de- 1975, a time when the American peo- congressional investigation. tailing this corrupt scheme, no matter ple’s faith in our institutions was pro- I want to be clear: I did not relish the how damning, would not alter the Ma- foundly shaken. The very first vote I prospect of an impeachment trial. I jority Leader’s pre-ordained acquittal? cast was in favor of creating the Select have stark disagreements with this The Senate had a constitutional obli- Committee to Study Government Oper- President on issues of policy and the gation to try this impeachment impar- ations with Respect to Intelligence Ac- law, on morality and honesty. But it is tially. Yet the Senate willfully blinded tivities and the Rights of Americans— for the American people to judge a itself to evidence that will soon be re- that is, the Church Committee. president on those matters. Today is vealed. Senate Republicans even de- Through that Committee’s work, the not about differences over policy. It is feated a motion merely to consider and American public soon learned of years about the integrity of our elections, debate whether to seek critical docu- of abuses that had occurred at the and it is about the Constitution. ments and key witnesses. The notion hands of the executive branch’s intel- The Constitution cannot not protect that the Senate could retain the title ligence agencies. In response, the Sen- itself. During this trial, the words of of the ‘‘world’s greatest deliberative ate passed sweeping reforms to rein in Washington, Madison, Jefferson, Ham- body’’ following this charade rings hol- this overreach. In many ways, this rep- ilton, and Lincoln have frequently been low. resented the best of the Senate: we invoked on behalf of our Constitution. It is often said that history is watch- came together across party lines to Now it is our turn to record our names ing. I expect that’s true. But in this thoroughly investigate, and ultimately in defense of our democracy. moment we are not merely witnesses curb, gross executive branch abuses. In Federalist No. 65, Alexander Ham- to history—we are writing it. It is ours The Senate has never been perfect. ilton described impeachment as the to shape. And let me briefly describe And much has changed in the 45 years remedy for ‘‘the abuse or violation of the dark chapters we are inscribing in I have served in this body. Yet today some public trust.’’ Although that defi- the story of our republic today. we face a similar test: whether the nition has guided the nation for 230 In his farewell address, George Wash- Senate, in the face of egregious mis- years, President Trump’s counsels ington warned us that ‘‘foreign influ- conduct directed by the President him- would have us rely on a very different ence is one of the most baneful foes of self, will rise again to serve as the definition. republican government.’’ Yet, as a can- check on executive abuses our Found- The central arguments presented by didate, President Trump famously re- ers intended us to be. the President’s defense team were quested that Russia hack his political

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.055 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S902 CONGRESSIONAL RECORD — SENATE February 5, 2020 opponent’s emails. Hours later, Russia to extract a personal favor, what would us here knows. But we all know our de- did. The President then weaponized stop him from freezing disaster aid to mocracy has been indelibly altered. Russia’s criminal influence campaign, states hit by hurricanes and flooding The notion that the President has which resulted in an investigation that until governors or home state senators learned his lesson is farcical. The uncovered a morass of inappropriate agree to endorse him? What would stop President’s lead counsel opened and contacts with Russians, lies to cover any future president from holding any closed this trial by claiming the Presi- them up, multiple instances of the part of the $4.7 trillion budget hostage dent did nothing wrong. The President President’s obstruction of justice, and to their personal whims? The answer is himself describes his actions as ‘‘per- 37 other indictments and convictions. nothing. We will have relinquished the fect.’’ On 75 separate occasions, includ- Yet, after the saga concluded, the very check that the Founders ening yesterday, he’s claimed he’s done President felt liberated. Literally the trusted to us to ensure a president nothing wrong. Lord help us if the Sen- day after Special Counsel Robert could never behave like a king. ate agrees. The only lesson the Presi- Mueller testified, the President asked The President’s defense team also ardent has learned from this trial is how the Ukrainian president ‘‘for a favor.’’ gued that impeachment is inappro- easily he can get away with egregious, He has since publicly repeated his re- priate unless it is fully bipartisan. Dec- illegal misconduct. quest for Ukraine to intervene in our ades ago, I questioned whether an im- If the Senate does not recognize the election, and made the same request to peachment would be accepted if not bi- gravity of President Trump’s ‘‘viola- China, on national television. partisan. But this argument has re- tion of the public trust,’’ and hold him All of us must ask: If we acquit vealed itself to be painfully flawed. In accountable, we will have seen but a President Trump today, what will he 1974, Republicans ultimately convinced preview of what is to come. Foreign in- do tomorrow? None of us knows. But President Nixon to resign; in 1999, terference in our elections. Total non- two things I am confident of: President Democrats condemned President Clin- compliance with lawful congressional Trump’s willingness to abuse his office, ton’s private misconduct and supported oversight. Disregard of our constitu- and his eagerness to exploit foreign in- a formal censure. In contrast, with one tional power of the purse. Open, fla- terference in our elections, will only important exception, President grant corruption. I fear there is no bot- grow. And, crucially, Congress’s capac- Trump’s supporters have thus far tom. ity to do anything about it will be crip- shown no limits in their tolerance of This is the tragic result of the Senate pled. overwhelming misconduct; they even failing its constitutional duty to hold a While the President’s lawyers stood chased out of their party a Congress- real trial. We will leave President on the Senate floor and admonished man who stood up to the President. In- Trump ‘‘sacred and inviolable’’ and the House Managers for failing to liti- deed, a prerequisite for membership in with ‘‘no constitutional tribunal to gate each subpoena in court to exhaus- the Republican Party today appears to which he is amenable; no punishment tion, he had other lawyers in court be the belief that he can do no wrong. to which he can be subjected without making the mutually exclusive argu- Under this standard, claiming that involving the crisis of a national revo- ment that Article III courts have no ju- President Trump’s impeachment would lution.’’ As Hamilton warned over two risdiction to settle disputes between only be valid if it were supported by his centuries ago, that is not a president; our two branches. Such duplicity would most unflinching enablers renders the that is a king. I, for one, will not mere- put the two-faced Roman God Janus to impeachment clause null and void. ly ‘‘get over it.’’ shame. Meanwhile, the President’s De- That said, I do understand the im- I have listened very carefully to both partment of Justice claims not only mense pressure my Republican friends sides over the past two weeks. The that President Trump cannot be in- are under to support this President. I record has established, leaving no dicted while in office, he cannot even know well how much easier it is for me doubt in my view, that President be investigated. to express my disgust and disappoint- Trump directed the most impeachable, But don’t worry, the President’s law- ment that the President has proven corrupt scheme by any president in yers promise us, the President is still himself so unfit for his office. That is this country’s history. To protect our not above the law because Congress can one reason why I feel it is important to constitutional republic, and to safe- hold him in check through our con- make a commitment right now. If any guard our government’s system of firmation power and power of the president, Republican or Democrat, checks and balances, my oath to our purse. Neither would come close to uses the power of his or her office to Constitution compels me to hold the checking a lawless executive. It is well extort a foreign nation to interfere in President of the United States ac- known that the President has effec- our elections to do the president’s do- countable. tively stopped nominating senior offi- mestic political bidding, I will support I will vote to convict and remove cials in his administration. He has now their impeachment and removal. It is President Donald J. Trump from office. set a modern record for acting cabinet wrong, no matter the party. And we all Mr. President, I yield the floor. secretaries. The President has said should say so. The PRESIDING OFFICER (Mr. COT- that he prefers having acting officials, Before I close, I want to thank the TON). The Senator from Alabama. who bypass Senate scrutiny, because brave individuals who shared their tes- Mr. SHELBY. Mr. President, over the they are easier to control. timony with both the House of Rep- past 2 weeks, my colleagues and I have More crucially, with this vote today, resentatives and American people. patiently listened to arguments from we inflict grave damage on our power Each of these witnesses served this both the House managers and the of the purse. I am the Vice Chairman of President in his administration. And President’s counsel right here in the Appropriations, a Committee on which they have served their country. They Senate regarding a grave allegation I have served for 40 years. Members of witnessed misconduct originating in from the House that the President has this Committee not only write the the highest office in world, and they committed an act worthy of impeach- spending bills, they are the guardians spoke up. They did not hide behind the ment. of this body’s power of the purse, President’s baseless order not to co- As a Senator, I believe that the first granted exclusively to Congress by the operate. Most knew that by stepping and perhaps most important consider- Founders to counter ‘‘all the over- forward they would be attacked by the ation is whether abuse of power and ob- grown prerogatives of the other President and some of his vindictive struction of Congress are impeachable branches.’’ The Framers, having bro- defenders. Yet they came forward any- offenses as asserted by our House man- ken free from the grip of a monarchy, way. We owe them our enduring appre- agers. feared an unchecked executive who ciation. They give me hope for tomor- Impeachment is a necessary and es- would use public dollars like a king: as row. sential component of our Constitution. a personal slush fund. Yet this is pre- Yet today is a dark day for our de- It serves as an important check on cisely what President Trump has done. mocracy. And what frightens me most civil officers who commit crimes If we fail to hold President Trump ac- is this: We are currently on a dan- against the United States. However, countable for illegally freezing con- gerous road, and no one has any idea our Founding Fathers were wise to en- gressionally appropriated military aid where this road will take us. Not one of sure that the impeachment and the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.011 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S903 conviction of a sitting President would ers, in their wisdom, cautioned us defend the Constitution of the United not be of partisan intent. Since Presi- against this dangerous path, and I be- States. A trial of impeachment, more dent Trump took office, many have lieve the Senate will heed their warn- than any other Senate assignment, sought to delegitimize his Presidency ing. tests the oath each one of us takes be- with partisan attacks. We have heard The other article, the House man- fore the people of this Nation. this right here in the Senate, and we agers’ obstruction of Congress claim, is The President’s legal team warns us have experienced it. This extreme ef- similarly flawed. Congress’s investiga- of the danger of impeachment and con- fort to unseat the President, I believe, tive and oversight powers are critical viction. They tell us to think carefully is unjustified and intolerable. tools, and we use them in ensuring our about what the removal of a duly elect- Now that the Senate has heard and system of checks and balances. But ed President could mean for our de- studied the arguments from both sides, those powers are not absolute. mocracy. But if we should have our I believe the lack of merit in the House The President, too, as head of a co- eyes wide open to the danger of convic- managers’ case is evident. The outcome equal branch of government, enjoys tion, we also cannot ignore the danger of the impeachment trial is a foregone certain privileges and immunities from of acquittal. The facts of this impeach- conclusion. Acquittal is the judgment congressional factfinding. That is his ment are well known, and many Repub- the Senate should and, I believe, will constitutional right and has been the licans concede that they are likely render—and soon. right of former Presidents from both true. They believe as I do, that Presi- For my part, I have weighed the parties. The President’s mere assertion dent Trump pressured the Ukrainian House managers’ case and found it of privileges and immunities is not an President by withholding vital mili- wanting in fundamental aspects. I will impeachable offense. Endorsing other- tary aid and a prized White House visit try to explain. wise would be unprecedented and would in return for the announcement of an I believe that their case does not al- ignore the past practices of administra- investigation of the Bidens and the lege an impeachable offense. Even if tions of both parties. Adopting other- Russian-concocted CrowdStrike fan- the facts are as they have stated, the wise would drastically undermine the tasy. managers have failed, I believe, as a separation of powers enshrined in our Some of these same Republicans ac- matter of constitutional law, to meet Constitution. knowledge that what the President did the exceedingly high bar for removal of This was not what our Framers in- was ‘‘inappropriate.’’ At least one has the President as established by our tended. Nowhere in the Constitution or used the word ‘‘impeachable.’’ But Founding Fathers, the Framers of the in the Federal statute is abuse of power many say they are still going to vote Constitution. or obstruction of Congress listed as a to acquit him regardless. So let’s open In their wisdom, the Framers re- crime—nowhere. What constitutes an our eyes to the morning after a judg- jected vague grounds for impeach- impeachable offense is not left to the ment of acquittal. Facing a well-estab- ment—offenses like we have heard discretion of the Congress. We cannot lished election siege by Russia and here, ‘‘maladministration’’—for fear expand, I believe, on the scope of ac- other enemies of the United States, we, that it would, in the words of Madison, tions that could be deemed impeach- the Senate, will have absolved a Presi- result in a Presidential ‘‘tenure during able beyond that which the Framers in- dent who continues to brazenly invite [the] pleasure of the Senate.’’ tended. foreign interference in our elections. ‘‘Abuse of power,’’ one of the charges What we really have here, I believe, Expect more of the same. put forward here by the House man- is nothing more than the abuse of the A majority of this body will have agers, is a concept as vague and suscep- power of impeachment itself by the voted for the President’s argument tible to abuse, I believe, as ‘‘maladmin- Democratic House. Doesn’t our country that inviting interference by a foreign istration.’’ If you take just a minute or deserve better? The President certainly government is not impeachable if it two to look at the definitions of deserves better. serves the President’s personal polit- ‘‘abuse’’ and ‘‘mal,’’ they draw distinct Today I am proud to stand and repu- ical interests. similarities. ‘‘Mal,’’ a prefix of Latin diate those very weak impeachment ef- We will also have found for the first origin, means bad, evil, wrong. forts, and I will accordingly vote to ac- time in the history of this Nation that ‘‘Abuse,’’ also of Latin origin, means to quit the President on both articles. an impeachment proceeding in the Sen- wrongly use or to use for a bad effect. My hope is that, in the future, Con- ate can be conducted without any di- There is a kinship between ‘‘mal’’ and gress will reject this episode and, in- rect witnesses or evidence presented on ‘‘abuse.’’ stead, choose to be guided by the Con- either side of the case and that a Presi- As the Framers rejected in their wis- stitution and the words from our dent facing impeachment can ignore dom ‘‘maladministration,’’ I believe Framers. subpoenas to produce documents or that they, too, would reject the non- Basically, I believe it is a time to witnesses to Congress. criminal ‘‘abuse of power.’’ Instead, the move on. We know that the American Alexander Hamilton described the Framers, as the Presiding Officer economy is booming. The United Senate as the very best venue for an knows, provided for impeachment only States is projecting strength and pro- impeachment trial because it is ‘‘inde- in a few limited cases: treason, bribery, moting peace abroad. The President is pendent and dignified,’’ in his words. and high crimes and misdemeanors. unbowed. I believe the American people When the Senate voted 51 to 49 against Only those offenses justify taking the see all of this. At the end of the day, witnesses and evidence, those 51 raised dire step of removing a duly elected the ultimate judgment rests in their into question any claim to independ- President from office and permanently hands. In my judgment, that is just as ence or dignity. taking his name off the ballot. it should be. In addition, an acquittal will leave This institution, the U.S. Senate, I I yield the floor. the extreme views stated by the Presi- believe, should not lower the constitu- The PRESIDING OFFICER. The as- dent’s defense counsel Alan Dershowitz tional bar and authorize their theory of sistant Democratic leader. unchallenged: first, that abuse of power impeachment for abuse of power. It is Mr. DURBIN. Mr. President, Ben- is not an impeachable offense; second, simply not an impeachable offense, in jamin Franklin knew the strength of that the impeachment charges against my judgment. Their criteria for re- our Constitution, but he also knew its the President were constitutionally in- moval centers not on the President’s vulnerability. His words, oft repeated sufficient; and, third, his most dan- actions but on their loose perception of on this floor—‘‘a republic, if you can gerous theory, that unless the Presi- his motivations. If the Senate endorses keep it’’—were a stark warning. Frank- dent has committed an actual crime, this approach, we will dramatically lin believed every generation could his conduct cannot be corrupt or im- transform the impeachment power as face the challenge of protecting and de- peachable as long as he believes it was we have known it over the years. We fending our Nation’s liberty-affirming necessary for his reelection. will forever turn this grave constitu- document. By this logic, Professor Dershowitz tional power into a tool for adjudi- We know this personally. Before we would have excused Richard Nixon’s or- cating policy disputes and political dis- can legally serve as Senators, we must dering of IRS audits of his political en- agreements among all of us. The Fram- publicly swear an oath to support and emies. Mr. Dershowitz has created an

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.056 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S904 CONGRESSIONAL RECORD — SENATE February 5, 2020 escape clause to impeachment, which Andrew Johnson charged non-criminal mis- public interest, that cannot be the kind of is breathtaking in its impact and un- conduct. The first and second articles of im- quid pro quo that results in his impeach- founded in our legal history. We have peachment against President Richard Nixon ment.’’ It is true that merely because a all received a letter signed by nearly approved by the House Judiciary Committee president makes a policy choice he believes allege both criminal and non-criminal con- will have beneficial political effects, that 300 constitutional law scholars flatly duct, and the third alleges non-criminal ob- choice is not necessarily impeachable. How- rejecting the arguments offered by the struction of Congress. Indeed, the Nixon ever, if a President employs his powers in a President’s defense team. House Judiciary Committee issued a report way that cannot reasonably be explained ex- I ask unanimous consent to have in which it specifically rejected the conten- cept as a means of promoting his own reelec- printed in the RECORD the scholars’ let- tion that impeachable conduct must be tion, the president’s private conviction that ter. criminal. his maintenance of power is for the greater There being no objection, the mate- The consensus of scholarly opinion is that good does not insulate him from impeach- rial was ordered to be printed in the impeachable conduct does not require proof ment. To accept such a view would be to give RECORD, as follows: of crime. the president carte blanche to corrupt Amer- ABUSE OF POWER IS AN IMPEACHABLE HIGH ican electoral democracy. JANUARY 31, 2020. Distinguishing between minor misuses of TO THE UNITED STATES SENATE: The sig- CRIME AND MISDEMEANOR It has been suggested that abuse of power presidential authority and grave abuses re- natories of this letter are professors of law quiring impeachment and removal is not an and scholars of the American constitution is not an impeachable high crime and misdemeanor. The reverse is true. The British exact science. That is why the Constitution who write to clarify that impeachment does assigns the task, not to a court, but to Con- not require proof of crime, that abuse of Parliament invented impeachment as a legislative counterweight to abuses of power by gress, relying upon its collective wisdom to power is an impeachable offense, and that a assess whether a president has committed a president may not abuse the powers of his of- the Crown and its ministers. The American Framers inserted impeachment into our con- ‘‘high crime and misdemeanor’’ requiring his fice to secure re-election, whatever he may conviction and removal. believe about how beneficial his continuance stitution primarily out of concern about SIGNATORIES in power is to the country. presidential abuse of power. They inserted Frank O. Bowman, III; Michael Gerhardt; IMPEACHABLE CONDUCT DOES NOT REQUIRE the phrase ‘‘high crimes and misdemeanors’’ Laurence H. Tribe; Brenda Wineapple; Tim- PROOF OF ANY CRIME into the definition of impeachable conduct in order to cover non-criminal abuses of power othy Naftali; Neal Kumar Katyal; Pamela S. Impeachment for ‘‘high Crimes and Mis- of the type charged against Warren Hastings. Karlan; Noah Feldman; Jack M. Balkin; demeanors’’ under Article II of the U.S. Con- As Edmund Randolph observed at the Con- David A. Strauss; Martha Minow; Geoffrey stitution does not require proof that a presi- stitutional Convention, ‘‘the propriety of im- R. Stone; Walter Dellinger; Charles Fried; dent violated any criminal law. The phrase peachments was a favorite principle with Erwin Chemerinsky. ‘‘high Crimes and Misdemeanors’’ is a term him’’ because ‘‘[t]he Executive will have Paul Butler; Ralph G. Steinhardt; Dawn of art consciously adopted by the drafters of great opportunities of abusing his power.’’ In Johnsen; Sanford Levinson; John Mikhail; the American constitution from Great Brit- Federalist 65, Hamilton defined ‘‘high crimes Michael C. Dorf; Julie R. O’Sullivan; ain. Beginning in 1386, the term was fre- and misdemeanors’’ as ‘‘those offenses which Girardeau A. Spann; Richard Primus; Corey quently used by Parliament to describe the proceed from the misconduct of public men, Brettschneider; Victoria Nourse; Robin West; wide variety of conduct, much of it non- or, in other words, from the abuse or viola- Abbe Smith; James V. Feinerman; Jane M. criminal abuses of official power, for which tion of some public trust.’’ Spinak, Esq. British officials were impeached. This understanding has often been ex- Peter L. Strauss; Jeffrey Fagan; Ira C. The phrase ‘‘high crimes and mis- pressed in the ensuing centuries. For exam- Lupu; David C. Vladeck; Eric M. Freedman; demeanors’’ was introduced into the Amer- ple, in 1926, the House voted to impeach U.S. Carol L. Chomsky; Jennifer Taub; Naomi R. ican constitution by George Mason, who ex- District Judge George English. The Judici- Cahn; Stephen I. Vladeck; Jed Shugerman; plained the necessity for expanding impeach- ary Committee report on the matter re- Ilya Somin; Michael Diamond; Paul Litton; ment beyond ‘‘treason and bribery’’ by draw- viewed the authorities and concluded: Charles G. Geyh; Prof. Joshua Schwartz. ing his colleagues’ attention to the ongoing Thus, an official may be impeached for of- Alan B. Morrison; Deborah Epstein; Dale parliamentary impeachment trial of Warren fenses of a political character and for gross A. Whitman; Rodney J. Uphoff; Barry Fried- Hastings. Hastings was charged with a long betrayal of public interests. Also, for abuses man; Greer Donley; Justin Levitt; Barbara list of abuses of power that his articles of or betrayals of trusts, for inexcusable neg- A. Atwood; Daniel J. Steinbock; Samantha impeachment labeled ‘‘high crimes and mis- ligence of duty [or] for the tyrannical abuse Buckingham; Maxwell Stearns; Lauren E. demeanors,’’ but which even his chief pros- of power. Willis; Kirsten Matoy Carlson; Steven Alan ecutor, Edmund Burke, admitted were not Two of the three prior presidential im- Childress; Liz Ryan Cole. prosecutable crimes. On George Mason’s mo- peachment crises have involved charges of Florence Wagman Roisman; Margo Kaplan; tion, the Philadelphia convention wrote into abuse of power. The eleventh article of im- Mark A. Graber; Sally Goldfarb; Carli N. our constitution the same phrase Parliament peachment against President Andrew John- Conklin; Kandice Johnson; Jeffrey O. Cooper; used to describe Hastings’ non-criminal mis- son alleged that he abused his power by at- John Lande; Mary M. Beck; Benjamin G. conduct. tempting to prevent implementation of re- Davis; Randy Diamond; Melanie DeRousse; No convention delegate ever suggested construction legislation passed by Congress Gerald S. Dickinson; Laura Rovner; J. Amy that impeachment be limited to violations of in March 1867, and thus violated Article II, Dillard; Martha Albertson Fineman; Nancy criminal law. Multiple founders emphasized Section 3, of the constitution by failing to Ota; Ann F. Thomas. the need for impeachment to extend to plain- ‘‘take care that the laws be faithfully exe- Prof. Dr. Jennifer A. Drobac; Cynthia ly non-criminal conduct. For example, cuted.’’ The second article of impeachment Matson Adams; Denise Platfoot Lacey, Esq.; James Madison and George Nicholas said against Richard Nixon charged a litany of David A. Fischer; Ann E. Freedman; Michael that abuses of the pardon power should be abuses of presidential power, including A. Middleton; S. David Mitchell; Lance impeachable. Edmund Randolph believed ‘‘interfering with agencies of the Executive Gable; Julie Goldscheid; Stuart Green; Alan that violation of the foreign emoluments Branch.’’ K. Chen; Christopher Hawthorne. clause would be. Even if no precedent existed, the constitu- Joshua Aaron Jones, JD, LL.M.; David R. Thus, Alexander Hamilton’s famous obser- tional logic of impeachment for abuse of Katner; Nicole B. Godfrey; Stefan H. Krieger; vation in Federalist 65 that impeachable of- presidential power is plain. The president is Sarah Lamdan; Laurie L. Levenson; Ann E. fenses ‘‘are of a nature which may with pecu- granted wide powers under the constitution. Tweedy; Caroline Mala Corbin; Nicole K. liar propriety be denominated POLITICAL, The framers recognized that a great many McConlogue; David S. Cohen; Perry Dane; as they relate chiefly to injuries done imme- misuses of those powers might violate no Stephen Meili. diately to the society itself’’ was not merely James May; Nancy Ota; Catherine J. Ross; law, but nonetheless pose immense danger to an advocate’s rhetorical flourish, but a well- April Dawson; Professor Laura J. Hines; the constitutional order. They consciously informed description of the shared under- Jane C. Murphy; John T. Nockleby; Pro- rejected the idea that periodic elections were standing of those who wrote and ratified the fessor Nancy Levit; Jonathan Oberman; a sufficient protection against this danger Constitution. Michele Gilman; Katherine A. Pe´rez; Ste- Since ratification, one senator and mul- and inserted impeachment as a remedy. The consensus of scholarly opinion is that phen Loffredo; William D. Rich. tiple judges have been impeached for non- Joyce Saltalamachia; Dveera Segal; Liz abuse of power is an impeachable ‘‘high criminal behavior. The first federal official Ryan Cole; Ann Shalleck; Kate Shaw; Earl crime and misdemeanor.’’ impeached, convicted, and removed for ‘‘high Singleton; Keith Werhan; Mary B. Culbert; crimes and misdemeanors’’ was Judge John A PRESIDENT MAY NOT ABUSE HIS POWERS OF Robert Calhoun; Christine Minhee; Nancy Pickering, whose offenses were making bad OFFICE TO SECURE HIS OWN RE-ELECTION Chi Cantalupo; Professor Steven Zeidman; legal rulings, being drunk on the bench, and Finally, one of President Trump’s attor- Kathleen Kim; Professor Lisa Kelly; Alan taking the name of the Supreme Being in neys has suggested that so long as a presi- Saltzman. vain. dent believes his re-election is in the public Prof. Karl Manheim; Jeffrey M. Feldman; Among presidents, the tenth and eleventh interest, ‘‘if a president did something that Leah M Litman; Elliott Milstein; Prof. Debo- articles of impeachment against President he believes will help get him elected, in the rah A Ramirez; Stacy Hawkins; Jeffrey T.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.058 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S905 Renz; Mary Crossley; Barbara S. Barron; Ira More than anything, a verdict of ac- And to those of my colleagues who P. Robbins; Clark B. Lombardi, JD, PhD; quittal says a majority of the Senate describe the President’s conduct as Penny M. Venetis; Michael Lawrence; Jo- believes this President is above the law merely ‘‘inappropriate,’’ I disagree. anna L. Grossman; Theo Liebmann. and cannot be held accountable for Disparaging John McCain’s service to Paul L. Tractenberg; Mikah K. Thompson; Professor Vernon Valentine Palmer; Barbara conduct abusing the powers of his of- our country is disgusting and inappro- Stark; Anya Bernstein; Ruti Teitel; William fice. And make no mistake, this Presi- priate. What this President has done to D. Araiza; Lauren Gilbert, Esq.; Christopher dent believes that is true. Ukraine crosses that line. It is im- E. Czerwonka; James May; Kimberly West- On July 23—2 days before his phone peachable. Faulcon; Natalie Gomez-Velez; Phyllis Gold- call with President Zelensky—Presi- I will close by remembering two pub- farb; Rachel Van Cleave; Arnold Rochvarg; dent Trump spoke to a group of young lic servants who, like us, were called Lindsey Webb. supporters and he said: ‘‘I have an Arti- by history to judge a President. Tom Ethan J. Leib; Carlton F.W. Larson; Nat- cle II, where I have the right to do Railsback passed away as this im- alie M. Chin; Heidi K. Brown; Elizabeth whatever I want as president.’’ peachment proceeding began. He was 2 McCormick; Bernard P. Perlmutter, Esq.; This is the dangerous principle that Robert St. Martin Westley; John Burkoff; days shy of his 88th birthday. I knew David Rudenstine; Inge M. Van der Cruysse; President Trump and his lawyers are Tom. I considered him a friend. James Levin; Babe Howell; Robert Knowles; asking us, with a verdict of acquittal, In 1974, Tom was a Republican Con- Yvonne Lindgren; Mae Kuykendall. to accept. Under the oath I have sworn, gressman from Moline, IL, and a mem- Marie A. Failinger; Katherine Mattes; Re- I cannot. ber of the House Judiciary Committee. becca L. Brown; David B. Cruz; Christoph What does it say of this Congress and He regarded President Nixon as a polit- Henkel; Jim Rowan; Elizabeth B. Cooper; our Nation that in 3 years, we have be- ical friend. He believed that Richard Debra Bechtel; Cornell Clayton; Paul Barron; come so anesthetized to outrage that, Allie Robbins; Wanda M. Temm; Jean C. Nixon had achieved much for America, for a majority in this Senate, there is including the opening of the door to Love; Rosemary Salomone; Rachel Vorspan; nothing—nothing—this President can Beryl Blaustone. China. Susan Etta Keller; Tom I. Romero, II J.D., do or say that rises to the level of After studying the Watergate evi- Ph.D.; Prof. Dr. Frank Emmert, LL.M., blushworthy, let alone impeachable? dence closely, Congressman Railsback Nearly 6 years ago, I traveled to FCIArb; Kiel Brennan-Marquez; Marcy came to believe that Richard Nixon Ukraine with a bipartisan group of Strauss; David A. Harris; Catherine M. had violated the Constitution. When Senate colleagues led by John McCain. Grosso; Lissa Griffin; Steven Mulroy; Wil- President Nixon refused to turn over liam W. Berry III; Richard D. Friedman; An- It was one of John’s whirlwind visits records and recordings requested by thony M. Dillof; Leslie Rose; Arthur B. where we crammed 5 days’ worth of Congress, Tom Railsback took to the Lafrance; Pamela R. Metzger. meetings into 48 hours. We arrived in House floor to say: ‘‘If the Congress Eric J. Miller; Marianne Wesson; Stephen Kyiv on March 14, 2014. It was bitterly F. Smith; Professor Mark A. Dotson; Donna doesn’t get the material we think we cold. Ukrainians had just ousted a cor- Coker; Janet Dolgin; Lynda G. Dodd, J.D., need and then votes to exonerate, we’ll Ph.D.; David B. Wexler; Prof. Deborah A Ra- rupt, Russian-backed leader who looted the national treasury and hollowed out be regarded as a paper tiger.’’ mirez; Ric Simmons; Matthew R. Hall; Mir- When he voted to impeach President their nation’s military. They had done iam R. Albert; Jennifer A. Gundlach; Mi- Nixon, Tom believed it was probably chael M. O’Hear. so by taking to the streets, risking the end of his career, but he was elect- Robert Westley; Lolita Buckner Inniss; their lives for democracy and a better Margie Paris; Amy T. Campbell; Prof. Bruce future. More than 100 ordinary citizens ed four more times. To his dying day, A. Boyer; Fabio Arcila, Jr.; Michael L. in Kyiv had been killed by security Tom Railsback was proud of his vote. Perlin, Esq.; Vincent M. Southerland; Robert forces of the old government simply be- He voted for his country above his M. Sanger; Cynthia Godsoe; Caren Morrison; cause they were protesting for democ- party. Daniel JH Greenwood; Paula C. Johnson; Mi- Bill Cohen—also a Republican—was a chael H. Hoffheimer. racy. Seeing Ukraine in a fragile demo- freshman Congressman at the time and Jenia I. Turner; Ben Trachtenberg; Cath- a member of the House Judiciary Com- erine Powell; Ruth-Arlene W. Howe; Charisa cratic transition, Vladimir Putin Kiyoˆ Smith, Esq.; Dana Alicia Thompson; pounced on them, ordered an invasion mittee. He studied the evidence with Mark C. Modak-Truran, J.D., Ph.D.; Pro- and occupied Crimea. Putin and his Tom Railsback and then worked with fessor Irma S. Russell; Nicholas W. Allard; thinly disguised Russian thugs were on him to draft Articles of Impeachment. Sarah E. Ricks; Daniel Farber; M. Isabel Me- the verge of seizing Donetsk in the Bill Cohen received death threats, dina; Evan Caminker; Miguel Schor; Nina east. and he thought his votes to impeach Chernoff. I asked the Prime Minister what President Nixon would be the end of his Rashmi Goel; Barbara Ann White; Monica political career. But he went on to a ´ Ukraine needed to defend itself. He Eppinger; Jimmy Gurule; Odeana R. Neal; distinguished career in the House, Gabriel J. Chin; Margaret Montoya, J.D.; said: Anil Kalhan; Rebecca K. Stewart; Anthony Everything. We don’t have anything that three terms in the Senate, and served Paul Farley; Sahar Aziz; Jaya Ramji- floats, flies or runs. as Secretary of Defense. Nogales; Amy Widman; Perry Dane; Maya Many may not appreciate how dev- Listen to what Bill Cohen said re- Manian. astating Russia’s war on Ukraine has cently of President’s Trump’s actions: Amanda Leiter; Paula Galowitz; Jesse A. been to that struggling young democ- This is presidential conduct that you want Goldner; Anthony Paul Farley; Elizabeth racy. Their costly battle with Russia to be ashamed of. He is corrupting institu- Nevins; Rick Wilson; Prof. Jonathan Askin; was for a principle that is really basic tions, politicizing the military, and acts like James R. Maxeiner; Genevieve Byrne; Daniel he is THE law. to America’s national security as well. L. Hatcher; Fred B. Brown; Joseph Pileri; And then Cohen added: David Jaros; Mark N. Aaronson. In a country with one-eighth of our Sonia Gipson Rankin; Richard C. Reuben; population, more Ukrainian troops If [the President’s conduct] is acceptable, Sam Erman; Katy Ramsey; Janet M. Calvo; have died defending Ukraine from Rus- we really don’t have a Republic as we’ve R. Wilson Freyermuth; Sarah Helene Duggin; sia than American troops have perished known it any more. Danaya C. Wright; Charles S. Bobis; Kim D. in Afghanistan. May I respectfully say to my Senate Ricardo; James Gray Pope; Chuck Henson; During the months President Trump colleagues, Ben Franklin warned us of George W. Conk, M.A., J.D. illegally withheld military aid, as this day. Mr. DURBIN. Yet a verdict of acquit- many as two dozen Ukrainian soldiers I will vote guilty on both Articles of tal by the Senate blesses the profes- were killed in battle. By withholding Impeachment against President Donald sor’s torturous reasoning. An acquittal security aid from Ukraine for Presi- John Trump, on article I abuse of verdict would also give President dent Trump’s personal political ben- power and article II obstruction of Con- Trump’s personal attorney Rudy efit, he endangered the security of a gress. But at this moment of high con- Giuliani a pat on the back to continue fragile democracy. stitutional drama, I hope my last his global escapades, harassing Amer- Can there be any deeper betrayal of a words can be a personal appeal to my ican Ambassadors whose service he dis- President’s responsibility than to en- Senate colleagues. trusts, and lounging at European cigar danger our national security and the Last night, many of us attended a bars with an entourage of post-Soviet security of an ally for his own personal State of the Union Address which was amigos. political gain? as emotionally charged as any I have

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.022 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S906 CONGRESSIONAL RECORD — SENATE February 5, 2020 ever attended. As divided as our Nation The Nixon impeachment had outside curred. The Ukrainians did not know of may be and as divided as the Senate counsel, Watergate prosecutors. The the suspension until September. They may be, we should remember America Clinton impeachment had Ken Starr, didn’t feel any pressure. If you are OK has weathered greater storms than this who looked at President Clinton for with Joe Biden and Hunter Biden doing impeachment and our current political years before he brought it to Congress. what they did, it says more about you standoff. The Mueller investigation went on for 2 than it does anything else. The point of It was Abraham Lincoln, in the dark- years. I trusted Bob Mueller. And when the abuse of power article is that you ness of our worst storm, who called on he rendered his verdict, it broke your made it almost impossible now for any us ‘‘to strive on to finish the work we heart. And you can’t let it go. President to pick up the phone, if all of are in, to work to bind the nation’s The only way this is going to end us can assume the worst and impeach wounds.’’ permanently is for the President to get somebody based on this objective After this vote and after this day, reelected. And he will. standard. He was talking about corrup- those of us who are entrusted with this So as to abuse of Congress, it is a tion in the Ukraine with a past Presi- high office must each do our part to wholesale assault on the Presidency; it dent. work to bind the wounds of our divided is abandoning every sense of fairness And the Bidens’ conduct in the nation. I hope we can leave this Cham- that every American has come to ex- Ukraine undercut our ability to effec- ber with that common resolve. pect in their own lives; it is driven by tively deal with corruption by allowing I yield the floor. blind partisanship and hatred of the his son to receive $3 million from the The PRESIDING OFFICER. The Sen- man himself. And they wanted to do it most corrupt gas company in the ator from South Carolina. in 78 days. Why? Because they wanted Ukraine. Can you imagine how the Mr. GRAHAM. Mr. President, let me to impeach him before the election. I Ukrainian Parliamentarian must have just begin with a note of optimism. am not making this up. They said that. felt to be lectured by Joe Biden about You are going to get to pick the next The reason the President never was ending sweetheart deals? President, not a bunch of politicians allowed to go to court and challenge What you have done is impeached the driven by sour grapes. I don’t say that the subpoenas that were never issued is President of the United States and lightly. I didn’t vote for President because the House managers under- willing to remove him because he sus- Trump. I voted for somebody I stood it might take time. President pended foreign aid for 40 days to lever- wouldn’t know if they walked in the Clinton and President Nixon were al- age an investigation that never oc- door. But I accepted the fact that he lowed to go to article III court and con- curred. won. That has been hard for a lot of test the House’s action. That was de- And to my good friend DICK DURBIN, people to do. And it is not like I am nied this President because it would Donald Trump has done more to help above the President being investigated. get in the way of impeaching him be- the Ukrainian people than Barack I supported the Mueller investiga- fore the election. Obama did in his entire 8 years. If you tion. I had Democratic colleagues come And you send this crap over here, and are looking for somebody to help the to me and say: We are afraid he is you are OK with it, my Democratic col- Ukrainian people fight the Russians, going to fire Mueller. Will you stand leagues. You are OK with the idea that how about giving them some weapons? with us to make sure Mueller can com- the President was denied his day in This is a sham. This is a farce. This plete his investigation? And I did—2 court, and you were going to rule on is disgusting. This is an affront to years, $32 million, FBI agents, sub- executive privilege as a political body. President Trump as a person. It is a poenas, you name it. The verdict is in. You are willing to deal out the article threat to the office. It will end soon. What did we find? Nothing. I thought III court because you hate Trump that There is going to be an overwhelming that would be it. much. rejection of both articles. We are going But it is never enough when it comes What you have done is you have to pick up the pieces and try to go for- to President Trump. This sham process weakened the institution of the Presi- ward. is the low point in the Senate for me. dency. Be careful what you wish for be- But I can say this without any hesi- If you think you have done the country cause it is going to come back your tation: I worry about the future of the a good service by legitimizing this im- way. Presidency after what has happened peachment process, what you have Abuse of Congress should be entitled here. Ladies and gentlemen, you will done is unleashed the partisan forces of ‘‘abuse of power by the Congress.’’ If come to regret this whole process. Hell. This is sour grapes. you think ADAM SCHIFF is trying to get And to those who have those pens, I They impeached the President of the to the truth, I have a bridge I want to hope you will understand history will United States in 78 days. You cannot sell you. These people hate Trump’s judge those pens as a souvenir of get a parking ticket, if you contested guts. They rammed it through the shame. it, in 78 days. They gave out souvenir House in a way you couldn’t get a Mr. President, this is my second pens when it was over. parking ticket, and they achieved their Presidential impeachment. My first If you can’t see through that, your goal of impeaching him before the elec- was as a House manager for the im- hatred of Donald Trump has blinded tion. peachment of President Clinton. I be- you to the obvious. This is not about The Senate is going to achieve its lieve President Clinton corruptly inter- protecting the country; this is about goal of acquitting him in February. fered in a lawsuit filed against him by destroying the President. The American people are going to get a private citizen alleging sexual as- There are no rules when it comes to to decide in November whom they want sault and misconduct. It was clear to Donald Trump. Everybody in America to be their President. me that President Clinton tampered can confront the witnesses against Acquittal will happen in about 2 with the evidence, suborned perjury, them, except Donald Trump. Every- hours; exoneration comes when Presi- and tried to deny Paula Jones her day body in America can call witnesses on dent Trump gets reelected because the in court. I believed then and continue their behalf, except President Trump. people of the United States are fed up to believe now that these criminal acts Everybody in America can introduce with this crap. But the damage you against a private citizen by President evidence, except for President Trump. have done will be long-lasting. Clinton were wholly unacceptable and He is not above the law, but you put Abuse of power. You are impeaching should have cost him his job. However, him below the law. In the process of the President of the United States for at the end of the Clinton impeachment, impeaching this President, you have suspending foreign aid for a short pe- I accepted the conclusions of the Sen- made it almost impossible for future riod of time that they eventually re- ate and said that a cloud had been re- Presidents to do their job. ceived ahead of schedule to leverage an moved from the Presidency, and it was In 78 days, you took due process, as investigation that never happened. You time to move on. we have come to know it in America, are going to remove the President of During the Clinton impeachment, I and threw it in the garbage can. This is the United States for suspending for- voted against one Article of Impeach- the first impeachment in the history of eign aid to leverage an investigation of ment that related to lying under oath the country driven by politicians. a political opponent that never oc- regarding his sexual relationship with

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.060 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S907 Monica Lewinsky. While the conduct actively speaking against Candidate alleged corruption and conflicts of in- covered by that article was inappro- Trump and were pulling for former Sec- terest regarding the Bidens and priate, to have made such conduct im- retary of State Clinton. Based on the Burisma. However, I do not find this peachable would have done grave dam- overwhelming amount of evidence of remotely an impeachable offense, and age to the Presidency by failing to rec- inappropriate behavior by the Bidens it would be beneficial for the country ognize that, in the future, the office and statements by State Department as a whole to find ways to deal with will be occupied by flawed human officials about certain Ukrainians’ be- such matters in the future. beings. It was obvious to me that liefs that one American candidate Assuming the facts in the light most President Clinton’s lying under oath would be better than the other, I found favorable to the House managers, that about his relationship with Monica it eminently reasonable for the Presi- for a period of time the aid was sus- Lewinsky, while wrong, was not a high dent to be concerned about Ukraine pended by President Trump to get crime or misdemeanor and that many corruption, election interference, and Ukraine to investigate the Bidens and people in similar circumstances would the behavior of Vice President Biden election interference, I find both arti- be inclined to lie to protect themselves and his son Hunter. It is hard to be- cles fail as nonimpeachable offenses. I and their families. lieve that Vice President Biden was an find this to be the case even if we as- As to the impeachment of President effective messenger for reform efforts sume the New York Times article Trump, I feel compelled to condemn in Ukraine while his son Hunter was about Mr. Bolton is accurate. The the impeachment process used in the receiving $3 million from Burisma, one Ukrainians received the military aid House because I believe it was devoid of of Ukraine’s most corrupt companies. and did not open the requested inves- basic, fundamental due process. The As Professor Dershowitz described, tigation. process used in the House for this im- there are three buckets for examining The abuse of power Article of Im- peachment was unlike that used for allegations of corrupt motive or action peachment is beyond vague and re- Presidents Nixon or Clinton. This im- with regards to impeachment. The first quires a subjective analysis that no peachment was completed within 78 is where there is clearly only a public, Senator should have to engage in. It days and had a spirit of partisanship national benefit, as in the analogy of also represents an existential threat to and revenge that if accepted by the freezing aid to Israel unless it stops the Presidency. Moreover, the obstruc- Senate will lead to the weaponization building new settlements. The second tion of Congress article is literally im- of impeachment against future presi- is the mixed motive category in which peaching the President because he dents. there is a public benefit—in this case, chose to follow the advice of White President Trump was entirely shut the public benefit of exposing the House counsel and the Department of out of the evidence gathering stage in Bidens’ conduct in the Ukrainian en- Justice and he was willing to use con- the House Intelligence Committee, de- ergy sector—and the possibility of a stitutional privileges in a manner con- nied the right to counsel, and the right personal, political benefit as well. The sistent with every other President. to cross-examine and call witnesses. third is where there is clearly a pure This article must be soundly rejected, not only in this case, but in the future. Moreover, the great volume of evidence corrupt motive, as when there is a pe- Whether one likes President Trump or gathered against President Trump by cuniary or financial benefit, an allega- not, he is the President with privileges the House Intelligence Committee con- tion that has not been made against attached to his office. sists of inadmissible hearsay. The President Trump. The House of Representatives, I be- It is obvious to me that, after the House Judiciary Committee impeach- lieve, abused their authority by rush- Mueller report, President Trump ment hearings were, for lack of a bet- ing this impeachment and putting the viewed the House impeachment inquiry ter term, a sham. And most impor- Senate in the position of having to as a gross double standard when it tantly, the House managers admitted play the role of an article III court. comes to investigations. The House the reason that neither the House In- The long term effect of this practice launched an investigation into his telligence Committee nor the House would be to neuter the Presidency, Judiciary Committee sought testimony phone call with President Zelensky making the office of the President only in the House from President Trump’s while at the same time the House as strong as the House will allow. closest advisers, including former Na- showed no interest in the actions of The allegations contained in this im- tional Security Adviser John Bolton, Vice President Biden and Hunter peachment are not what the Framers Secretary of State Mike Pompeo, and Biden. The President, in my view, was had in mind as high crimes or mis- Acting Chief of Staff Mick Mulvaney, justified in asking the Ukrainians to demeanors. The Framers, in my view, is because it would have required the look into the circumstances sur- envisioned serious, criminal-like mis- House to go to court, impeding their rounding the firing of Ukrainian Pros- conduct that would shake the founda- desire to impeach the President before ecutor General Viktor Shokin, who was tion of the American constitutional the election. It was a calculated deci- investigating Burisma, and whether his system. The Nixon impeachment had sion to deal article III courts out of termination benefited Hunter Biden broad bipartisan support once the facts President Trump’s impeachment in- and Burisma. became known. The Clinton impeach- quiry due to a political timetable. The It is clear to me that the phone call ment started with bipartisan support Senate must send a clear message that focused on burden-sharing, corruption, in the House and ended with bipartisan this can never, ever happen again. and election interference in an appro- support in the Senate, even though it As to the substance of the allegations priate manner. The most vexing ques- fell well short of the two-thirds vote against President Trump, the abuse of tion was how the President was sup- requirement to remove the President. power charge as defined by the House is posed to deal with these legitimate In the case of President Trump, this vague, does not allege criminal mis- concerns. The House managers in one impeachment started as a partisan af- conduct, and requires the Senate to en- moment suggest that President Trump fair with bipartisan rejection of the Ar- gage in a subjective analysis of the could not have asked the Attorney ticles of Impeachment in the House President’s motives and actions. The General to investigate these concerns and, if not rejected in the Senate, will House managers argued to the Senate because that would be equivalent to lead to impeachment as almost an in- that the sole and exclusive purpose of President Trump asking for an inves- evitability, as future Presidents will be freezing aid to Ukraine was for the pri- tigation of a political rival. But in the subject to the partisan whims of the vate, political benefit of President next moment, the House managers de- House in any given moment. Trump. It is clear to me that there is clare that the proper way for President My decision to vote not guilty on ample evidence—much more than a Trump to have dealt with those allega- both Articles of Impeachment, I hope, mere scintilla—that the actions of tions would have been to ask the At- will be seen as a rejection of what the Hunter Biden and Vice President Biden torney General to investigate. They House did and how they did it. I firmly were inappropriate and undercut Amer- cannot have it both ways. I believe believe that article III courts have a ican foreign policy. that it is fair to criticize President role in the impeachment process and Moreover, there was evidence in the Trump’s overreliance on his private at- that, to remove a President from of- record that officials in Ukraine were torney, Rudy Giuliani, to investigate fice, the conduct has to be of a nature

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.012 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S908 CONGRESSIONAL RECORD — SENATE February 5, 2020 that would shake the very foundation The first Article of Impeachment committed against the Crown itself. of our constitutional system. The im- charges that President Trump abused The Framers did not design a mon- peachment of President Trump was the Office of the Presidency by solic- archy; they designed a democracy, a driven by a level of partisanship and iting the interference of a foreign nation where the people were King. ends justify the means behavior that power, Ukraine, to benefit himself in High crimes are those committed the American people have rejected. The the 2020 election. The President asked against the entire people of the United best way to end this matter is to allow a foreign leader to ‘‘do us a favor’’— States. the American people to vote for or ‘‘us’’ meaning him—and investigate his The President sought to cheat the against President Trump in November, political opponents. people out of a free and fair election. not to remove him from the ballot. In order to elicit these political in- How could such an offense not be These Articles of Impeachment must vestigations, President Trump with- deemed a high crime—a crime against be soundly rejected by the Senate be- held a White House meeting and hun- the people? As one constitutional cause they represent an assault on the dreds of millions of dollars in military scholar in the House Judiciary hear- Presidency itself and the assistance from an ally at war with ings testified: ‘‘If this is not impeach- weaponization of impeachment as a po- Russia. There is extensive documenta- able, nothing is.’’ I agree. litical tool. They must fail for a vari- tion in the record proving this quid pro I judge that President Trump is ety of reasons. First, the conduct being quo and the corrupt motive behind it. guilty of the first Article of Impeach- alleged by House managers is that The facts are not seriously in dispute. ment. there was a temporary suspension on In fact, several Republican Senators The second Article of Impeachment military assistance to Ukraine, which admitted they believe the President is equally straightforward. Once the was eventually received ahead of committed this offense with varying President realized he got caught, he schedule to leverage an investigation degrees of ‘‘inappropriate,’’ ‘‘wrong,’’ tried to cover it up. The President as- that never occurred. This is not the ‘‘shameful.’’ Almost all Republicans serted blanket immunity. He categorically defied congressional subpoenas, constitutional earthquake the Found- will argue, however, that this rep- ordered his aides not to testify, and ers had in mind regarding bribery, rehensible conduct does not rise to the withheld the production of relevant treason, or other high crimes and mis- level of an impeachable offense. documents. demeanors. Second, the articles as The Founders could not have been Even President Nixon, author of the clearer. William Davie, a delegate to drafted do not allege any semblance of most infamous Presidential coverup in the Constitutional Convention, deemed a crime and require the Senate to history, permitted his aides to testify impeachment ‘‘an essential security,’’ make a subjective analysis of the in Congress in the Watergate investiga- lest the President ‘‘spare no efforts or President’s motives. Third, the record tion. The idea that the Trump adminis- means whatever to get himself re- is abundant with evidence that the tration was properly invoking the var- elected.’’ President had legitimate concerns ious rights and privileges of the Presi- James Madison offered a specific list about corruption, election interference dency is nonsense. At each stage of the of impeachable offenses during a de- emanating from the Ukraine, and that House inquiry, the administration con- bate in Independence Hall: Vice President Biden and his son un- jured up a different bad-faith justifica- A President ‘‘might lose his capac- dercut U.S. efforts to reform corruption for evading accountability. There ity’’ or embezzle public funds. tion inside Ukraine. is no circumstance under which the ad- The second article, alleging obstruc- ‘‘A despicable soul might even suc- cumb to bribes while in office.’’ ministration would have complied. tion of Congress, is literally punishing When I asked the President’s counsel Madison then arrived at what he be- the President for exercising the legal twice to name one document or one lieved was the worst conduct a Presi- rights available to all Presidents as witness the President provided to Con- dent could engage in: the President part of our constitutional structure. gress, they could not answer. It cannot could ‘‘betray his trust to foreign pow- This article must fail because the be that the President, by dint of legal ers,’’ which would be ‘‘fatal to the Re- House chose their impeachment path shamelessness, can escape scrutiny en- public.’’ Those are Madison’s words. based on a political timetable of im- tirely. peaching the President before Christ- When I studied the Constitution and Once again, the facts are not in dis- mas to set up an election year trial in the Federalist Papers in high school, pute, but some have sought to portray the Senate. The Senate must reject the admittedly, I was skeptical of George the second Article of Impeachment as theory offered by the House managers Washington’s warning that ‘‘foreign in- somehow less important than the first. with regard to obstruction of Congress; fluence is one of the most baneful foes It is not. The second Article of Im- to do otherwise would allow the House of republican government.’’ It seemed peachment is necessary if Congress is in the future to deal article III courts so far-fetched. Who would dare? But to ever hold a President accountable— out of the impeachment process and the foresight and wisdom of the Found- again, Democratic or Republican. The give the House complete control over ers endure. Madison was right. Wash- consequences of sanctioning such cat- the impeachment field in a way that ington was right. egorical obstruction of Congress will be denies fundamental fairness. There is no greater subversion of our far-reaching, and they will be irrep- Because it took the House 78 days democracy than for powers outside of arable. from start to finish to impeach the our borders to determine elections I judge that President Trump is President of the United States and, within them. If Americans believe that guilty of the second Article of Im- during its fact-gathering process, the they don’t determine their Senator, peachment. House denied the President the right to their Governor, their President, but, The Senate should convict President counsel, to cross-examine witnesses rather, some foreign potentate does, Trump, remove him from the Presi- against him, and the ability to intro- that is the beginning of the end of de- dency, and disqualify him from holding duce evidence on his behalf, the Senate mocracy. future office. The guilt of the President must reject both Articles of Impeach- For a foreign country to attempt on these charges is so obvious that ment. such a thing on its own is contempt- here, again, several Republican Sen- I am compelled to vote not guilty, to ible. For an American President to de- ators admit that the House has proved ensure impeachment will not become liberately solicit such a thing—to its case. the new normal. blackmail a foreign country into help- So instead of maintaining the Presi- I yield the floor. ing him win an election—is unforgiv- dent’s innocence, the President’s coun- The PRESIDING OFFICER. The able. sel ultimately told the Senate that Democratic leader. Does this rise to the level of an im- even if the President did what he was Mr. SCHUMER. Mr. President, the peachable offense? Of course it does. Of accused of, it is not impeachable. This Articles of Impeachment before us course it does. The term ‘‘high crimes’’ has taken the form of an escalating se- charged President Donald John Trump derives from English law. ‘‘Crimes’’ ries of Dershowitzian arguments, in- with offenses against the Constitution were committed between subjects of cluding ‘‘Abuse of power is not an im- and the American people. the monarchy. ‘‘High crimes’’ were peachable offense’’; ‘‘The President

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.013 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S909 can’t be impeached for noncriminal By refusing the facts, by refusing menace—so contemptuous of every vir- conduct, but he also can’t be indicted witnesses and documents, the Repub- tue, so dishonorable, so dishonest— for criminal conduct’’; ‘‘If a President lican majority has placed a giant aster- that you must ignore—indeed, sac- believes his own reelection is essential isk—the asterisk of a sham trial—next rifice—the truth to maintain his favor. to the Nation, then a quid pro quo is to the acquittal of President Trump, The trial of this President—its fail- not corrupt.’’ These are the excuses of written in permanent ink. Acquittal ure—reflects the central challenge of a child caught in a lie. and an unfair trial with this giant as- this Presidency and, maybe, the cen- Each explanation is more outlandish terisk—the asterisk of a sham trial— tral challenge of this time in our de- and desperate than the last. It would are worth nothing at all to President mocracy. You cannot be on the side of be laughable if not for the fact that the Trump or to anybody else. this President and be on the side of cumulative effect of these arguments No doubt, the President will boast he truth, and if we are to survive as a na- would render not just this President received total exoneration, but we tion, we must choose truth because, if but all Presidents immune from im- know better. We know this wasn’t a the truth doesn’t matter, if the news peachment and therefore above the trial by any stretch of the definition. you don’t like is fake, if cheating in an law. And the American people know it, too. election is acceptable, if everyone is as Several Members of this Chamber We have heard a lot about the Fram- wicked as the wickedest among us, said that even if the President is guilty ers over the past several weeks, about then hope for the future is lost. and even if it is impeachable, the Sen- the impeachment clause they forged, The eyes of the Nation are upon this ate still shouldn’t convict the Presi- the separation of powers they wrought, Senate, and what they see will strike dent because there is an election com- the conduct they most feared in our doubt in the heart of even the most ar- ing up—as if the Framers forgot about chief magistrate. But there is some- dent patriot. elections when they wrote the im- thing the Founders considered even The House managers established that peachment clause. If the Founders be- more fundamental to our Republic: the President abused the great power lieved that even when a President is truth. The Founders had seen and stud- of his office to try to cheat in an elec- guilty of an impeachable offense, the ied societies governed by the iron fist tion, and the Senate majority is poised next election should decide his fate, of tyrants and the divine right of to look the other way. they never would have included an im- Kings, but none by argument, rational So I direct my final message not to peachment clause in the Constitution. thinking, facts, and debate. the House managers, not even to my That much is obvious. Hamilton said the American people fellow Senators, but to the American Alone, each of the defenses advanced would determine ‘‘whether societies of people. My message is simple: Don’t by the President’s counsel comes close men are really capable or not of estab- lose hope. There is justice in this world to being preposterous. Together, they lishing good government from reflec- and truth and right. I believe that. I are as dangerous to the Republic as tion and choice, or . . . forever des- wouldn’t be in this government if I this President—a fig leaf so large as to tined to depend on accident and force.’’ didn’t. Somehow, in ways we can’t pre- excuse any Presidential misconduct. And what an astonishing thing the dict, with God’s mysterious hand guid- Unable to defend the President, argu- Founders did. They placed a bet with ing us, truth and right will prevail. ments were found to make him a King. long odds. They believed that ‘‘reflec- There have been dark periods in our Let future generations know that tion and choice’’ would make us capa- history, but we always overcome. The only a fraction of the Senate swallowed ble of self-government; that we Senate’s opening prayer yesterday was these fantasies. The rest of us condemn wouldn’t agree on everything, but at Amos 5:24: Let justice roll down like them to the ash heap of history and the least we could agree on a common water, righteousness like an ever-flow- derision of first-year law students ev- baseline of fact and of truth. They ing stream. erywhere. wrote a Constitution with the remark- The long arc of the moral universe, We are only the third Senate in his- able idea that even the most powerful my fellow Americans, does bend toward tory to sit as a Court of Impeachment person in our country was not above justice. America does change for the for the President. The task we were the law and could be put on trial. A better but not on its own. It took mil- given was not easy, but the Framers trial—a place where you seek truth. lions of Americans hundreds of years to gave the Senate this responsibility be- The faith our Founders placed in us make this country what it is today— cause they could not imagine any other makes the failure of this Senate even Americans of every age and color and body capable of it. They considered more damning. creed who marched and protested, who others, but they entrusted it to us, and Our Nation was founded on the idea stood up and sat in; Americans who the Senate failed. The Republican cau- of truth, but there was no truth here. died while defending this democracy, cus trained its outrage not on the con- The Republican majority couldn’t let this beautiful democracy, in its dark- duct of the President but on the im- truth into this trial. The Republican est hours. peachment process in the House, derid- majority refused to get the evidence On Memorial Day in 1884, Oliver Wen- ing—falsely—an alleged lack of fair- because they were afraid of what it dell Holmes told his war-weary audi- ness and thoroughness. might show. ence: ‘‘[W]hether [one] accepts from The conjured outrage was so blinding Our Nation was founded on the idea Fortune her spade, and will look down- that the Republican majority ended up of truth, but in order to countenance ward and dig, or from Aspiration her guilty of the very sins it falsely ac- this President, you have to ignore the axe and cord, and will scale the ice, the cused the House of committing. It con- truth. The Republicans walk through one and only success which it is [yours] ducted the least fair, least thorough, the halls with their heads down. They to command is to bring to [your] work most rushed impeachment trial in the didn’t see the tweet. They can’t re- a mighty heart.’’ history of this country. spond to everything he says. They hope I have confidence that Americans of A simple majority of Senators denied he learned his lesson this time. Yes, a different generation—our genera- the Senate’s right to examine relevant maybe, this time, he learned his lesson. tion—will bring to our work a mighty evidence, to call witnesses, to review Our Nation was founded on truth, but heart to fight for what is right, to fight documents, and to properly try the im- in order to excuse this President, you for the truth, and never, never lose peachment of the President, making have to willfully ignore the truth and faith. this the first impeachment trial in his- indulge in the President’s conspiracy I yield the floor. tory that heard from no witnesses. A theories: Millions of people voted ille- The PRESIDING OFFICER. The ma- simple majority of Senators, in def- gally. The deep state is out to get him. jority leader. erence to and most likely in fear of the Ukraine interfered in our elections. Mr. MCCONNELL. Mr. President, the President of their party, perpetrated a You must attempt to normalize his be- U.S. Senate was made for moments great miscarriage of justice in the trial havior. Obama did it, too, they falsely like this. The Framers predicted that of President Trump. As a result, the claim. The Democrats are just as bad. factional fever might dominate House verdict of this kangaroo court will be Our Nation was founded on the idea majorities from time to time. They meaningless. of truth, but this President is such a knew the country would need a firewall

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.063 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S910 CONGRESSIONAL RECORD — SENATE February 5, 2020 to keep partisan flames from scorching traditions. In reality, it was an assault The Framers built the Senate to keep our Republic. So they created the Sen- on both. temporary rage from doing permanent ate—out of ‘‘necessity,’’ James Madi- First, the House attacked its own damage to our Republic. son wrote, ‘‘of some stable institution precedents on fairness and due process The Framers built the Senate to keep in the government.’’ and by rushing to use the impeachment temporary rage from doing permanent Today, we will fulfill this founding power as a political weapon of first re- damage to our Republic. That is what purpose. We will reject this incoherent sort. Then their articles attacked the we will do when we end this precedent- case that comes nowhere near—no- Office of the Presidency. Then they at- breaking impeachment. where near—justifying the first Presi- tacked the Senate and called us I hope we will look back on this vote dential removal in history. This par- ‘‘treacherous.’’ Then the far left tried and say this was the day the fever tisan impeachment will end today, but to impugn the Chief Justice for re- began to break. I hope we will not say this was just I fear the threat to our institutions maining neutral during the trial. may not because this episode is one the beginning. Now, for the final act, the Speaker of Mr. GRASSLEY. Mr. President, as symptom of something much deeper. the House is trying to steal the Sen- In the last 3 years, the opposition to Senators, we cast a lot of votes ate’s sole power to render a verdict. this President has come to revolve throughout our tenure in this body. I The Speaker says she will just refuse around a truly dangerous concept. have cast over 13,200 of them. Each to accept this acquittal. The Speaker Leaders in the opposite party increas- vote is important. A vote to convict or of the House of Representatives says ingly argue that, if our institutions acquit the President of the United she refuses to accept this acquittal— don’t produce the outcomes they like, States on charges of impeachment is whatever that means. Perhaps she will our institutions themselves must be one of the most important votes a Sen- tear up the verdict like she tore up the broken. One side has decided that de- ator could ever cast. Until this week, State of the Union Address. feat simply means the whole system is such a vote has only taken place twice broken, that we must literally tear up So I would ask my distinguished col- since the founding of our Republic. the rules and write new ones. leagues across the aisle: Is this really— The President has been accused of Normally, when a party loses an elec- really—where you want to go? The committing ‘‘high Crimes and Mis- tion, it accepts defeat. It reflects and President isn’t the President? An ac- demeanors’’ for requesting that a for- retools—but not this time. quittal isn’t an acquittal? Attack insti- eign leader launch an anti-corruption Within months, Secretary Clinton tutions until they get their way? Even investigation into his potential polit- was suggesting her defeat was invalid. my colleagues who may not agree with ical opponent and obstructing She called our President ‘‘illegit- this President must see the insanity of Congress’s subsequent inquiry into his imate.’’ A former President falsely this logic. It is like saying you are so actions. For such conduct, the House of claimed: ‘‘[President] Trump didn’t ac- worried about a bull in a china shop Representatives asks this body to re- tually win.’’ ‘‘He lost the election,’’ a that you want to bulldoze the china move the President from office and former President said. Members of Con- shop to chase it out. prohibit him from ever again serving in gress have used similar rhetoric—a Here is the most troubling part. a position of public trust. As both a disinformation campaign, weakening There is no sign this attack on our in- judge and juror, this Senator asks first confidence in our democracy. stitutions will end here. In recent whether the conduct alleged rises to The very real issue of foreign elec- months, Democratic Presidential can- the level of an offense that unquestion- tion interference was abused to fuel didates and Senate leaders have toyed ably demands removal. If it does, I ask conspiracy theories. For years, promi- with killing the filibuster so that the whether the House has proven beyond a nent voices said there had been a secret Senate could approve radical changes reasonable doubt that the conduct ac- conspiracy between the President’s with less deliberation and less persua- tually occurred. The House’s case campaign and a foreign government, sion. clearly fails on the first of those ques- but when the Mueller investigation and Several of our colleagues sent an ex- tions. Accordingly, I will vote not the Senate Intelligence Committee de- traordinary brief to the Supreme guilty on both articles. bunked that, the delegitimizing en- Court, threatening political retribution The President’s request, taken at deavor didn’t stop. It didn’t stop. if the Justices did not decide a case the face value, is not impeachable conduct. Remember what Chairman SCHIFF way they wanted. A President is not prohibited by law or said here on the floor? He suggested We have seen proposals to turn the any other restriction from engaging the assistance of a foreign ally in an that if the American people reelect FEC—the regulator of elections and po- anti-corruption investigation. The President Trump in November that the litical speech—into a partisan body for House attempts to cure this defect by election will be presumptively invalid the first time ever. as well. That was Chairman SCHIFF, on suggesting that the President’s subjec- All of these things signal a toxic this floor, saying, if the American peo- tive motive—political advantage—is temptation to stop debating policy ple reelect President Trump this No- enough to turn an otherwise unim- within our great American governing vember, the election will be presump- peachable act into one that demands traditions and, instead, declare war on tively invalid as well. permanent removal from office. I will So they still don’t accept the Amer- the traditions themselves—a war on not lend my vote in support of such an ican voters’ last decision, and now they the traditions themselves. unnecessary and irreversible break are preparing to reject the voters’ next So, colleagues, with whatever policy from the Constitution’s clear standard decision if they don’t like the out- differences we may have, we should all for impeachment. come—not only the last decision but agree this is precisely the kind of reck- The Senate is an institution of prece- the next decision. Heads, we win. Tails, lessness the Senate was created to dent. We are informed and often guid- you cheated. And who can trust our de- stop. The response to losing one elec- ed, especially in times like this, by his- mocracy anyway, they say? tion cannot be to attack the Office of tory and the actions of our prede- This kind of talk creates more fear the Presidency. The response to losing cessors. While we look to history, how- and division than our foreign adver- several elections cannot be to threaten ever, we must be mindful of the reality saries could achieve in their wildest the electoral college. The response to that our choices make history, for bet- dreams. As Dr. Hill testified, our adver- losing a court case cannot be to threat- ter or for worse. What we say and do saries seek to ‘‘divide us against each en the judiciary. The response to losing here necessarily becomes part of the other, degrade our institutions, and de- a vote cannot be to threaten the Sen- roadmap for future Presidential im- stroy the faith of the American people ate. peachments and their consideration by in our democracy.’’ As she noted, if We simply cannot let factional fever this body. These days, that reality can Americans become ‘‘consumed by par- break our institutions. It must work be difficult to keep front and center. tisan rancor,’’ we can easily do that the other way, as Madison and Ham- Partisan fervor to convict or acquit a work for them. ilton intended. The institutions must President of the United States who has The architects of this impeachment break the fever rather than the other been impeached can lead to cut cor- claimed they were defending norms and way around. ners, overheated rhetoric, and rushed

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Even in the Court of Impeachment to ‘‘do impartial tion. midst of questions and answers, after justice according to the Constitution In an attempt to cure this funda- opening arguments had concluded, the and laws.’’ But as President pro tem- mental defect in its charge, the House’s House managers started repeating the pore, I recognize we must also do jus- ‘‘abuse of power’’ article sets out an terms ‘‘bribery’’ and ‘‘extortion’’ on tice to the Senate as an institution and impermissibly flexible and vague the floor of the Senate, while neither to the Republic that it serves. standard to justify removing the Chief appears anywhere in the House’s arti- This trial began with a full and fair Executive from office. As the House’s cles. These are serious, statutory opportunity to debate and amend the trial brief and presentation dem- crimes that have specific elements of rules that would guide our process. The onstrated, its theory of the case rests proof; they shouldn’t be casually used Senate considered and voted on 11 sepa- entirely on the President’s subjective as window dressing to inflame the jury. rate amendments to the resolution, motive for carrying out objectively And the House’s attempts to shoehorn over the span of nearly 13 hours. Con- permissible conduct. For two reasons, those charges into their articles is sistent with precedent, the Senate this cannot be sustained. itself a due process violation. adopted a resolution to allow the same First, the House would seemingly It is not the Senate’s job to read into length of time for opening arguments have the Senate believe that motive by the House’s articles what the House and questions as was agreed to unani- itself is sufficient to prove the ille- failed or didn’t see fit to incorporate mously in 1999 during the Clinton im- gality of an action. House managers re- itself. No more so is it the job of a peachment trial. Consistent with peatedly described the President’s judge to read nonexistent provisions precedent, the Senate agreed to table ‘‘corrupt motive’’ as grounds for re- into legislation that Congress passes the issue of witnesses and additional moval from office. But this flips basic and the President signs. Articles of Im- evidence until after the conclusion of concepts in our justice system upside peachment should not be moving tar- questions from Members. Consistent down and represents an unprecedented gets. with precedent, the Senate engaged in expansion of the scope of the impeach- The Senate, accordingly, doesn’t need to resolve today the question of a robust and open debate on the neces- ment authority. With limited excep- whether a criminal violation is nec- sity of calling witnesses and pursuing tion, motive is offered in court to show essary for a President’s conduct to be additional evidence. We heard nearly 24 that the defendant on trial is the one impeachable. The text of the Constitu- hours of presentation from the House who most likely committed the illegal tion and the Framers’ clear intent to managers, nearly 12 hours of presen- act that has been charged. Jealously limit the scope of the impeachment tation from the President’s counsel, might compel one neighbor to steal power counsels in favor of such a and we engaged in 16 hours of ques- something from the other. But a court brightline rule. And until this episode, tioning to both sides. doesn’t convict the defendant for a no President has been impeached on Up to today, the Senate has sat as a crime of jealousy. Second, let’s as- charges that didn’t include a violation Court of Impeachment for a combined sume, however, that motive could be of established law. Indeed, the only total of over 70 hours. The Senate did grounds for impeachment and removal. Presidential impeachments considered not and does not cut corners, nor can The House offers no limiting principle by this body included alleged viola- the final vote be credibly called a or clear standard whatsoever of what tions of laws, and both resulted in ac- rushed result or anything less than the motives are permissible. Under such an quittals. But the stated ambiguities product of a fair and judicious process. amorphous standard, future Houses surrounding the House’s ‘‘abuse of Future generations, if faced with the would be empowered to impeach Presi- power’’ theory, acknowledged even by toxic turmoil of impeachment, will be dents for taking lawful action for what the House managers, give this Senator better served by the precedent we fol- the House considers to be the wrong reason enough to vote not guilty. If we lowed and the example we set in this reasons. are to lower the bar of impeachment, The House also gives no aid to this Chamber. I cannot in good conscience we better be clear on where the bar is institution or to our successors on say the same of the articles before us being set. today. whether impeachment should rest on The President himself, however, I have said since the beginning of proving a single, ‘‘corrupt’’ motive or should not conclude from my vote that this unfortunate episode that the whether mixed motive suffices under I think his conduct was above re- House’s articles don’t, on their face, their theory for removing a President proach. He alone knows what his mo- appear to allege anything satisfying from office. In its trial brief presented tives were. The President has a duty to the Constitution’s clear requirement of to the Senate, the House asserts that the American people to root out cor- ‘‘Treason, Bribery, or other high there is ‘‘no credible alternative expla- ruption no matter who is implicated. Crimes and Misdemeanors.’’ Yet I took nation’’ for the President’s alleged con- And running for office does not make my role as a juror seriously. I com- duct. This formulation, in the House’s one immune from scrutiny. But the mitted to hear the evidence in the own brief, necessarily implies that the President’s request was poorly timed record and to reflect on the arguments presence of a credible alternative ex- and poorly executed, and he should made. After 9 days of presentation and planation for the President’s conduct have taken better care to avoid even questions and after fully considering would defeat the ‘‘abuse of power’’ the- the mere appearance of impropriety. the record as presented to the Senate, ory. But once the Senate heard the Had he done so, this impeachment saga I am convinced that what the House is President’s counsel’s presentation, the might have been avoided altogether. It asking us to do is not only constitu- House changed its tune. Even a cred- is clear that many of the President’s tionally flawed but dangerously un- ible alternative explanation—or mul- opponents had plans to impeach him precedented. tiple benign motives—shouldn’t stop from the day he took office. But the The House’s first article, impeaching this body from removing the President, President didn’t have to give them this the President for ‘‘abuse of power,’’ so long as one ‘‘corrupt’’ motive is in pretense. rests on objectively legal conduct. the mix. This apparent shift in trial The House’s second article, impeach- Until Congress legislates otherwise, a strategy seems less indicative of a co- ing the President for ‘‘obstruction of President is well within his or her legal hesive theory and more reflective of an Congress,’’ is equally unprecedented as and constitutional authority, as the ‘‘impeach-by-any-means-necessary’’ grounds for removal from office and head of state, to request that a foreign mindset. But reshaping their own patently frivolous. It purports that, if leader assist with an anti-corruption standard mid-trial only served to un- the President claims constitutional investigation falling outside of the ju- dercut their initial arguments. privileges against Congress, ‘‘threat- risdiction of our domestic law enforce- Simply asserting at least 63 times, as ens’’ to litigate, or otherwise fails to ment authorities. Short of political the House managers did, during the immediately give up the goods, he or blowback, there is also nothing in the trial that their evidence was ‘‘over- she must be removed from office. law that prohibits a President from whelming’’ and that the President’s I know a thing or two about obstruc- conditioning his or her official acts guilt was proven does not make the un- tion by the executive branch under

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.020 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S912 CONGRESSIONAL RECORD — SENATE February 5, 2020 both Democrat and Republican admin- their job for them. The evidence is ticularly because their initial claim istrations. Congressional oversight— ‘‘overwhelming,’’ yet the Senate must frames your inquiry and forms the rooting out waste, fraud, and abuse—is entertain more witnesses and gather basis for further fact finding. The ques- central to my role as a Senator rep- more records that the House chose to tions you ask and the documents and resenting Iowa taxpayers and has been forgo. witnesses you seek all start there. Any for 40 years. If there is anything as sure The House’s failure to proceed with investigator worth their salt will tell as death and taxes, it is Federal agen- their investigation in an orderly, rea- you that part of the investigative proc- cies resisting Congress’ efforts to look sonable, good-faith manner has created ess involving a whistleblower, or in- behind the curtain. In the face of ob- fundamental flaws in its own case. deed any witness, requires the investi- struction, I don’t retreat. I go to work. They skipped basic steps. It is not the gator to evaluate that individual’s I use the tools the Constitution pro- job of the Senate to fix the funda- claim and credibility. It is standard vides to this institution. I withhold mental flaws that directly result from procedure. So we talk to the whistle- consent on nominees until I get an the House’s failure to do its job. The blowers, we meet with them when pos- honest answer to an oversight request. House may cower to defend its own au- sible, we look at their documents. We I work with my colleagues to exercise thority, but it will not extort and de- keep them confidential from potential Congress’s power of the purse. And mean this body into cleaning up a mess retaliators, but not from the folks who when necessary, I take the administra- of the House’s own making. need to speak with them to do their tion to court. That is the very core of For the myriad ways in which the jobs. When whistleblowers bring to us checks and balances. For years, I House failed to exercise the fundamen- significant cases of bipartisan interest, fought the Obama administration to tals of oversight, for the terrible new where we have initially evaluated their obtain documents related to Operation precedent the House wants us to en- claim and credibility and determined Fast and Furious. I spent years seeking dorse, and for the risk of future genera- that the claim merits additional follow answers and records from the Obama tions taking it up as the standard, I up, we also frequently work closely administration during my investiga- will vote not guilty on the obstruction with the other side to look into those tion into Secretary Clinton’s mis- article. claims. handling of highly classified informa- Now, there has been much discussion We have done many bipartisan inves- tion. and debate about the whistleblower tigations of whistleblowers’ claims Under the House’s ‘‘obstruction of whose complaint framed the House’s over the years and hopefully will con- Congress’’ standard, should President inquiry in this case. I have worked for tinue to do so. We trust the other side Obama have been impeached for his and with whistleblowers for more than to respect the whistleblower’s con- failure to waive privileges during the 30 years. They shed light on waste, fidence as well and treat the investiga- course of my and other committees’ fraud, and abuse that ought to be fixed tion seriously. We have also worked oversight investigations? We fought and that the public ought to know with many witnesses in investigations President Obama on this for 3 years in about, all frequently at great personal who want to maintain low profiles and the courts, and we still didn’t end up cost. Whistleblowers are patriots, and who request additional security meas- with all we asked for. We never heard a they are heroes. I believed that in the ures to come and speak with us. We are peep from the Democrats then. So the 1980s. I believe it today. I have spon- flexible on location. We have the Cap- hypocrisy here by the House Demo- sored, cosponsored, and otherwise itol Police. We have SCIFs. We have crats is on full display. strongly supported numerous laws de- interviewed witnesses in both classified When I face unprecedented obstruc- signed to strengthen whistleblowers and unclassified settings. We are will- tion, I don’t agitate to impeach. Rath- protections. I have reminded agencies ing to work with those witnesses to er, my office aggressively negotiates, of the whistleblowers’ rights to speak make them comfortable and to ensure in good faith, with the executive with us and of their protection under they are in a setting that allows them branch. We discuss the scope of ques- the law for doing so. And this is how it to share sensitive information with us. tions and document requests. We dis- works. Of course, it is much better to I know the House committees, par- cuss the intent of the inquiry to pro- have firsthand information because it ticularly the oversight committees, vide context for the requested docu- is more reliable. However, whether it is have all taken that course themselves. ments. We build an airtight case and firsthand information or secondhand, it They routinely work with whistle- demand cooperation. Negotiations are is possible to conduct a thorough inves- blowers too. Both sides understand how difficult. They take time. tigation of a whistleblower’s claims to talk to whistleblowers and how to In the case before us, the House and respect his or her request for con- respect their role and confidentiality. issued a series of requests and sub- fidentiality. So why no efforts were taken in this poenas to individuals within the White As I said in October of last year, at- case to go through these very basic, bi- House and throughout the administra- tempts by anyone in government or the partisan steps is baffling. I do not tion. But it did so rather early in its media to ‘‘out’’ a whistleblower just to under any circumstances support re- inquiry. The House learned of the whis- sell an article or score a political point prisal or efforts to throw stones with- tleblower complaint in September, is not helpful. It undermines the spirit out facts. But neither do I support ef- issued subpoenas for records in Octo- and purpose of the whistleblower pro- forts to skirt basic fundamental inves- ber, and impeached the President by tection laws. I remember very well the tigative procedures to try and learn December, 4 months from opening the rabid, public lashing experienced by those facts. I fear that, to achieve its inquiry to impeachment for ‘‘obstruc- the brave whistleblowers who came to desired ends, the House weaponized and tion.’’ As one who can speak from expe- me about the Obama administration’s politicized whistleblowers and whistle- rience, that is unreasonable and Operation Fast and Furious. President blower reporting for purely partisan doesn’t allow an investigation to ap- Obama’s Justice Department worked purposes. I hope that the damage done propriately and reasonably run its overtime to discredit them and tarnish from all sides to these decades-long ef- course. That timeline makes clear to their good names in the press, all to forts will be short lived. me that the House majority really had protect an operation that it tried to Finally, throughout my time on the one goal in mind: to impeach the Presi- keep hidden from Congress and the Judiciary Committee, including as dent at all costs, no matter what the American people, and that resulted in chairman, I have made it a priority to facts and the law might say. Most im- the death of an American Border Pa- hold judicial nominees to a standard of portantly, the House failed to exhaust trol agent. That was not the treatment restraint and fidelity to the law. As all legal remedies to enforce its re- those whistleblowers deserved. It is not judges in the Court of Impeachment, quests and subpoenas. When challenged the treatment any whistleblower de- we too should be mindful of those fac- to stand up for the legality of its re- serves, who comes forward in good tors which counsel restraint in this quests in court, the investigating com- faith, to report what he or she truly be- matter. mittee simply retreated. Yet, now, the lieves is waste, fraud, or abuse. To start, these articles came to the House accuses the Senate of aiding and But whistleblower claims require Senate as the product of a flawed, un- abetting a coverup, if we don’t finish careful evaluation and follow up, par- precedented and partisan process. For

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.020 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S913 71 of the 78 days of the House’s expe- we have never refused to look at crit- action to limit the evidence and testi- dited impeachment inquiry, the Presi- ical evidence sitting in front of us. We mony the Senate can and must con- dent was not permitted to take part or have never raced to a pre-ordained ver- sider. The last time we sat as a court have agency counsel present. Many of dict while deliberately avoiding the we heard from 26 witnesses in total, in- the rights traditionally afforded to the truth or evaluating plainly critical evi- cluding 17 who had not testified before minority party in impeachment pro- dence. the House. Seventeen. ceedings were altered or withheld. And And when I say ‘‘sitting in front of Some have also said that calling wit- an authorizing vote by the full House us,’’ I mean that literally. Just this nesses like John Bolton would leave us didn’t occur until 4 weeks after hear- morning, we learned that Pat tangled up in an endless court battle ings had already begun. When the arti- Cipollone, lead counsel for the Presi- over executive privilege. Not so. The cles themselves were put to a vote by dent, along with Rudy Giuliani and Senate alone has the ‘‘sole Power to the full House, just in time for Christ- Mick Mulvaney, was part of a meeting try all Impeachments,’’ and the Chief mas, the only bipartisanship we saw where President Trump directed John Justice reminded us just a few years was in opposition. Moreover, the Iowa Bolton to ‘‘ensure [President] Zelensky ago in Zivotofsky v. Clinton that Arti- caucuses have already occurred. The would meet with Mr. Giuliani.’’ A cle III courts cannot hear cases ‘‘where 2020 Presidential election is well under- meeting with the President’s personal there ‘is a textually demonstrable con- way. Yet we are being asked to remove lawyer is not subject to executive stitutional commitment of the issue to the incumbent from the ballot, based privilege; and a meeting with Bolton a coordinate political department.’ ’’ on Articles of Impeachment supported and Mulvaney is not subject to attor- And in Walter Nixon v. United States, by only one party in Congress. Taken ney-client privilege. And this after- the Supreme Court expressly ruled out together, the Senate should take no noon we received a proffer from Lev ‘‘[j]udicial involvement in impeach- part in endorsing the dangerous new Parnas’s attorney, claiming that ment proceedings, even if only for pur- precedent this would set for future im- Pamas could provide us with testimony poses of judicial review.’’ Moreover, and more simply, execu- peachments. implicating several cabinet officials tive privilege cannot prevent testi- With more than 28,000 pages of evi- and members of Congress in the Presi- mony from a private citizen like dence, 17 witnesses, and over 70 hours dent’s scheme. I cannot say whether Bolton who is willing to testify. And, of open, transparent consideration by that is credible, but shouldn’t he at in any event, the President has almost the Senate, I believe the American peo- least be heard and cross-examined? The certainly waived any claim to privilege ple are more than adequately prepared Senate cannot turn a blind eye to such by endlessly tweeting and talking to to decide for themselves the fate of this directly relevant evidence. the media about his conversations with President in November. This decision This slipshod process reminds me of Bolton. The Senate is not helpless. We belongs to them. another trial. That was the trial of are the only court with jurisdiction. When the Chief Justice spoke up at Alice in Wonderland. In that trial, the We can and should resolve these ques- the start of this trial to defuse some accusation was read, and the King immediately said to the jury, ‘‘Consider tions. rising emotions, he challenged both Let us conduct this trial with the se- your verdict.’’ But even in that case it sides addressing the Chamber to ‘‘re- riousness it deserves—consistent with was acknowledged that ‘‘There’s a member where they are.’’ We, too, Senate precedent, the overwhelming great deal to come before that,’’ and should remember where we are. The expectations of the American people, the first witness was called. With U.S. Senate has ably served the Amer- and how every other trial across the apologies to Lewis Carroll, surely the ican people through trying times. country is conducted every single day. These are trying times. And when this United States Senate can at least As Senators, we are here to debate trial adjourns, the cloud of impeach- match the rigorous criminal procedure and vote on difficult questions. I under- ment may not so quickly depart. But if of Wonderland? stand this may be a difficult question there is any institution best equipped The oath that each of us swore just politically—but it is nowhere close to a to help bridge the divide and once two weeks ago requires that we do ‘‘im- difficult question under the law or again achieve our common goals, it is partial justice.’’ Reasonable people can common sense. I do not believe for one this one. disagree about what that means, but second that any of us sought public of- Let’s get back to work for the Peo- every single time this body has sat as fice to become an accomplice to what ple. a court—every single time—it has can only be described as a cover-up. As Mr. LEAHY. Mr. President, the ques- heard from witnesses and weighed the Chief Justice has reminded us, we tion before us is incredibly serious, but sworn testimony. We have never been have the privilege of serving in the it is also more than a little absurd. We denied the opportunity to hear from world’s greatest deliberative body. So are sitting as a court, exercising the critical witnesses with firsthand infor- let’s actually deliberate. sole power to try impeachments, en- mation. During the Johnson trial, this But if we adopt the rule—rejected trusted to us by the Framers. The court heard live testimony from 41 wit- even in Wonderland—of verdict first, President of the United States has been nesses, including private counsel for witnesses later, be assured those wit- charged with high crimes—a constitu- the President and a cabinet secretary. nesses will eventually follow. Whether tional charge of abuse of power that in- During the Clinton trial, three wit- through FOIA, journalism, or book re- cludes in its text each of the elements nesses were deposed and we considered leases, the American people will learn of criminal bribery. The President’s the grand jury testimony of the Presi- the truth, likely sooner rather than lawyers have complained all week dent’s chief of staff, deputy chief of later. Maybe even over the upcoming about the absence of sworn testimony staff, and White House Counsel—plus weekend. What will they think of a from officials with first-hand knowl- the grand jury testimony of the Presi- Senate that went to such extraor- edge of the President’s actions and in- dent himself. ‘‘Impartial justice’’ can- dinary lengths—ignoring 220 years of tent. They claim not to know when the not mean burying our collective heads precedent, any notions of fairness or President froze the aid. They falsely in the sand, and preventing relevant, respect for facts, and indeed ignoring claim there is no evidence the Presi- probative testimony from being taken. our duties to the Constitution itself— dent withheld the aid in exchange for Briefly, I also want to address the ar- to keep the truth buried? his political errand—announcing an in- guments made against calling wit- A vote to preclude witnesses will em- vestigation into his political rival. And nesses. The President has said that bolden this President to further de- yet whenever the President’s counsels ‘‘Witnesses are up to the House, not up mean the Congress, this Senate, and have pled ignorance or claimed a lack to the Senate.’’ But the Senate has the balance of power so carefully estab- of evidence, they ask not that we pur- never been, and should not be now, lim- lished by the Framers in the Constitu- sue the truth; they ask instead that we ited to the House record. The Senate’s tion. It will ratify the President’s shell look away. constitutional obligation to try im- game of telling the House it should sue The Senate simply cannot look away. peachments stands independent of the to enforce its subpoenas, and then tell- In the 220 years this body has served as House’s obligation. The Constitution ing courts that the House has no stand- a constitutional court of impeachment, does not allow the House’s action or in- ing to do so. Just today, after a week

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of his counsel arguing that the Presi- tunately, President Trump was prom- to impeach without at least a 3⁄5 vote in dent cannot be impeached for failing to ised an impeachment from the day he their own body, and that should in- respond to House subpoenas, the Jus- was elected, before he even took his clude some number from the minority tice Department argued in court that oath of office. On the day of his inau- party. the House can use its impeachment guration, before any official act, there I have also come to believe that im- power to enforce its subpoenas. It is up were riots where, and I quote from the peachment should be primarily about a to all 100 of us to put a stop to this New York Times, ‘‘protesters threw criminal activity. Impeachment is in- nonsense. rocks and bricks at police officers, set herently undemocratic because it re- I have served in this body for 45 a car on fire and shattered storefront verses an election, so in election years, years. It is not often we face votes like windows.’’ I have never seen that kind the bar for considering impeachment this—votes that will leave a significant of conduct before stemming from the and removal goes even higher. Ulti- mark on history, and will shape our result of our democratic process. I hope mately, the American people should constitutional ability to serve as a to never see it again. and will have the final say. check against presidents for genera- The obstruction continued as Presi- The House of Representatives must tions to come. I pray the Senate is wor- dent Trump’s nominations were held also be sure to complete its investiga- thy of this responsibility, and of this up in an unprecedented way. This ob- tion. It shouldn’t send the Senate im- moment. I fear the repercussions if it is struction kept the new President from peachment charges and then expect the not. getting his key people in place. The few Senate to continue gathering more evi- I will vote to hear from witnesses. nominations approved had to work dence. The House should subpoena wit- With deep respect, I ask my fellow sen- with career or hold-over staff from the nesses and deal with defense claims ators to do the same. previous administration. We have read such as privilege, even if that means Mr. ENZI. Mr. President, I rise today in news articles that some of those going through the judicial process to speak on the trial of President staffers not only disliked their new rather than placing such a burden on Trump. bosses, but they tried to actively un- the Senate. After information from more than a dercut their policies. Sometimes they The House cannot simply rely on rep- dozen witnesses, over a hundred ques- even delayed or used inaction or gave etition of possibilities of violations, no tions, and days of oral arguments, I be- adverse advice. These types of tactics matter how many times stated, to lieve the House failed to prove its case were used to put blame on their boss make their accusations true. A com- for the two Articles of Impeachment. and on President Trump, and that ulti- plete investigation means the inves- The House’s story relies on too much mately hurt our country, too. tigators don’t rush to judgment, don’t speculation, guessing games and rep- Again, almost immediately after the speculate about the content of calls, etition. It fails to hold up under scru- election came the call for investiga- and don’t rely on repetition of accusa- tiny. The House claims to have proven tions, ending with the appointment of tions about the content of such calls as its case, but insists on more evidence. Special Counsel Robert Mueller. This a substitute for seeking the truth. It was the House’s responsibility to en- investigation went on for almost 2 During the initial investigation, wit- sure it had developed a complete record years. When the Mueller investigation nesses should have already been de- of the evidence it needed to make its didn’t yield the desired results, the posed by both sides before it comes to case, and it is not up to the Senate to President’s detractors returned to the the Senate. The President’s counsel start the process over again. continuing cry for an impeachment. must be allowed to cross-examine all There were contradictions in the The volume and pitch increased even as persons deposed by the House. Then, House’s case from the very beginning. the 2020 election got closer. and only then, can any of the witnesses The House counted on repetition to Eventually, the House of Representa- be called to testify at the Senate trial. make its claims seem true, but often tives found its latest accusation. Yet, The House investigation has to be com- didn’t provide the underlying evidence. not willing to conduct a thorough im- plete. For example, the House managers re- peachment investigation and wanting Finally, I would call for our outside lied on telephone records for timing, to reach a foregone conclusion as the institutions to also think about how but speculated on the content of the election year approached, the House of they contribute to the well-being of calls. Representatives hurried its investiga- our country. I have often said that con- The House managers claimed the tion so it would be done before Christ- flict sells. It might even increase sales President wanted to influence an elec- mas and the Senate would be forced to to consumers of news for both parties, tion, but it is difficult to see how the address these articles as a new year but I fear that we are all treating this House’s rush to bring this case in such started. Ironically, after all that rush- like a sport, speculating which team a haphazard manner is nothing more ing and taking shortcuts, the House de- will win and which will lose. I suspect than an attempt to influence the 2020 layed sending the articles to the Sen- that some venomous statements about election. The House managers asked ate until the new year. All of this was this process have ended some friend- the Senate to do additional witnesses just the latest example of the efforts to ships and strained some families. In in 1 week, which could mean the Sen- block President Trump’s agenda. the end, if we lose faith in our institu- ate would essentially have to start the I have now served in two Presidential tions, our friends and our families, we trial all over. impeachment trials, one during my will all lose. I not only can’t call their efforts ade- first term and this one in my last. I We desperately need more civility. quate, I have to say they have been en- have never underestimated the respon- That is simply being nice to each tirely inadequate. Consequently, I did sibility of the task at hand or forgot- other. My mom said, ‘‘Bad behavior is not vote for more witnesses or more ten the oaths I took to uphold the Con- inexcusable.’’ It violates the Golden evidence and will vote to acquit the stitution. There are few duties senators Rule as revised by my mom, ‘‘Do President on both counts. will face as grave as deciding the fate what’s right. Do your best. Treat oth- I hope we can learn from everything of the President of the United States, ers as THEY wish to be treated.’’ One we do, especially in regard to impeach- but just like 21 years ago, this decision of the first movies I saw was the now- ment. The animosity toward President is about country, not politics. These ancient animated picture, ‘‘Bambi.’’ I Trump is unprecedented, and I believe experiences have helped refine my am reminded of the little rabbit say- it is the reason we have ended up where views, which I will now share. ing, ‘‘My Mom always says, if you can’t we are today. I believe we should give Our Forefathers did well setting the say something nice, don’t say anything each newly elected President a chance trial in the Senate where it takes a 2⁄3 at all!’’ I believe we all agree on at to show what he or she can do. We majority, currently 67 votes, to con- least 80 percent of most issues, but the should provide them the opportunity to vict. They could see the difficulty it trend seems to be shifting to con- prove themselves and demonstrate our would bring to the Nation if impeach- centrate on the other 20 percent we faith in our country and its leadership. ment could easily be convicted by a don’t agree on. That 20 percent causes We have to give the President an op- slight majority. Even though it is not divisiveness, opposition, venomous portunity to lead or even to fail. Unfor- the law, I would counsel the House not harsh words, and anger.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.028 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S915 Too often, it feels like our Nation is The House had ample opportunity to management or policy disagreements only becoming more divided, more hos- pursue the answers to its inquiry in with the President. tile. I do not believe that our country order to prove their case beyond a rea- Prior to America’s founding, im- will ever be able to successfully tackle sonable doubt. They chose not to do so. peachment had been used for centuries our looming problems if we continue Instead, investigators followed an arbi- in England as a measure to reprimand down this road. As we move forward trary, self-imposed timeline dictated crown-appointed officials and landed from this chapter in our Nation’s his- by political, rather than substantive, gentry. At the time, it included the tory, I hope that we will focus more on concerns. vague charge of ‘‘maladministration,’’ our shared goals that can help our Na- For example, the House did not at- as well. tion, and not the issues that drive us tempt to compel certain witnesses to During the Constitutional Conven- apart. testify because doing so would have tion in 1787, George Mason moved to Mr. BURR. Mr. President, in my 25 meant confronting issues of executive add ‘‘maladministration’’ to the U.S. years representing North Carolina in privilege and immunity. They argued Constitution’s list of impeachable of- Congress, I have cast thousands of navigating executive privilege—some- fenses, asking: ‘‘Why is the provision votes, each with its own significance. thing every administration lays claim restrained to Treason & bribery only? The ones that weigh most heavily are to—may have caused some level of Treason as defined in the Constitution those that send our men and women in delays and involved the courts. will not reach many great and dan- uniform into armed conflict. Those are At the time, the House justified their gerous offences. Attempts to subvert the votes I spend the most time debat- decision by claiming the issue was too the Constitution may not be Treason ing before casting—first and foremost important, too urgent, for any delays. as above defined.’’ because of the human cost involved but Yet, after the House voted on the Arti- I submit for this body James Madi- secondly because they hold the power cles of Impeachment, the Speaker son’s response: ‘‘So vague a term will to irrevocably set the course of Amer- waited 4 full weeks before transmitting be equivalent to a tenure during the ican history. the articles to the Senate. Those were pleasure of the Senate.’’ With similar consideration, I have weeks the House could have spent fur- Madison knew that impeachment taken a sober and deliberate approach thering its inquiry, had it not rushed based purely on disagreements about to the impeachment proceedings of the the process. Instead, without a hint of governance would turn the U.S. Con- last few weeks, conscious of my con- irony, House leadership attempted to gress into a parliamentary body, akin stitutional responsibility to serve as an use that time to pressure the Senate to those tumultuous coalitions in Eu- impartial juror. into gathering the very witness testi- rope, which could recall a President on As the investigative body, the House mony their own investigators chose little more than a whim. To do so has charged President Trump with not to pursue. would subordinate the Executive to the abuse of power and obstruction of Con- Additionally, in drafting the Articles Congress, rather than delineating its gress. The Senate’s role is to determine of Impeachment, the House stated role as a coequal branch of our Federal whether the House has proven its case President Trump committed ‘‘Criminal Government. And with political winds beyond a reasonable doubt and wheth- bribery and honest services wire changing as frequently then as they do er, if true, these charges rise to the fraud,’’ two crimes that carry penalties now, he saw that every President could level of removing the President from under our Criminal Code. Inexplicably, theoretically be thus impeached on office. the House chose not to include those fractious and uncertain terms. After listening to more than 70 hours alleged criminal misdeeds in the arti- In a functioning democracy, the of arguments from the House managers cles sent to the Senate, much less President cannot serve at ‘‘the pleas- and the President’s counsel, I have con- argue them in front of this body. cluded that the House has not provided At every turn, it appears the House ure of Senate.’’ He must serve at the the Senate with a compelling reason made decisions not based on the pur- pleasure of the people. Gouverneur Morris supported Madi- for taking the unprecedented and de- suit of justice but on politics. When son’s argument, adding at the time: stabilizing step of removing the Presi- due process threatened to slow down dent from office. the march forward, they took short- ‘‘An election every four years will pre- In my role as chairman of the Senate cuts. When evidence was too com- vent maladministration.’’ Thus ‘‘maladministration’’ was not Intelligence Committee, I have visited plicated to obtain or an accusation did made an impeachable offense in Amer- countries all over the world. What sep- not carry weight, the House created arates the United States from every new, flimsy standards on the fly, hop- ica, expressly because we have the re- other nation on Earth is our predict- ing public pressure would sway Senate course of free and fair elections. I bring up this story for two reasons. able, peaceful transitions of power. jurors in lieu of facts. Every 4 years, Americans cast their The Founding Fathers who crafted First, the Founder’s decision signals to ballots with the confidence their vote our modern impeachment mechanism me they felt strongly that an impeach- will be counted and the knowledge that predicted this moment, and warned able offense must be a crime akin to both winners and losers will abide by against a solely partisan and politi- treason, bribery, or an act equally seri- the results. cally motivated process. ous, as defined in the Criminal Code. To remove a U.S. President from of- In Federalist 65, Alexander Hamilton Second, this story tells me the Found- fice, for the first time in history, on wrote, ‘‘In many cases [impeachment] ers believed anything that does not anything less than overwhelming evi- will connect itself with the pre-exist- meet the Constitutional threshold dence of ‘‘Treason, Bribery, or High ing factions, and will enlist all their should be navigated through the elec- Crimes and Misdemeanors’’ would ef- animosities, partialities, influence, and toral process. fectively overturn the will of the interest on one side or on the other; By that standard, I do not believe the American people. and in such cases there will always be Articles of Impeachment presented to As the Speaker said last year, ‘‘Im- the greatest danger that the decision the Senate rise to the level of removal peachment is so divisive to the country will be regulated more by the compara- from office, nor do I believe House that unless there’s something so com- tive strength of parties, than by the managers succeeded in making the pelling and overwhelming and bipar- real demonstrations of innocence or case incumbent upon them to prove. tisan, I don’t think we should go down guilt.’’ Given the weak underpinnings of the that path, because it divides the coun- Hamilton believed impeachment was articles themselves and the House’s try.’’ a necessary tool but one to be used partisan process, it would be an error I believe the Speaker was correct in when the evidence of wrongdoing was to remove the President mere months her assessment. A year later, however, so overwhelming, it elevated the proc- before a national election; therefore, I the House went down that exact path, ess above partiality and partisanship. have concluded I will vote to acquit choosing to conduct a highly partisan The House has failed to meet that President Donald J. Trump on both ar- impeachment inquiry, with standard. ticles of impeachment. underwhelming evidence, in a deeply The Founders also warned against Ms. KLOBUCHAR. Mr. President, flawed process. using impeachment as recourse for today is a somber day for our country.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.043 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S916 CONGRESSIONAL RECORD — SENATE February 5, 2020 As Senators, we are here as representa- We do not even have to try and find the President disparaged her on Twit- tives of the American people. It is our it. John Bolton has firsthand knowl- ter. And I will never forget when Lieu- duty, as we each swore to do when we edge about central facts in this case, tenant Colonel Vindman testified and took our oath of office, to support and and he said he would comply with a sent a message to his immigrant fa- defend the Constitution. We also took subpoena from the Senate. We also ther, saying, ‘‘Don’t worry Dad, I will an oath, as judges and jurors in this know there are documents that could be fine for telling the truth.’’ proceeding, to pursue ‘‘impartial jus- verify testimony presented in the As Manager SCHIFF said, in our coun- tice’’ as we consider these articles—in- House, like records of emails sent be- try ‘‘right matters.’’ What is right and cluding the serious charge that the tween administration officials in the wrong under our Constitution does not President of the United States lever- days after the July 25 call. We cannot turn on whether or not you like the aged the power of his office for his own ignore this evidence—we have a con- President. It is not about whether the personal gain. stitutional duty to consider it. disregard for its boundaries furthers Those are the oaths that the Framers And since this trial began, new evi- policies that you agree or disagree set out for us in the Constitution, to dence has continued to emerge. One with. It is about whether it remains guide the Senate in its oversight re- way or another, the truth is going to true that in our country, right mat- sponsibilities. The Framers believed come out. I believe that history will re- ters. Through his actions, the Presi- that the legislative branch was best po- member that the majority in this body dent compromised the security of our sitioned to provide a check on the Ex- did not seek out the evidence and in- ally Ukraine, invited foreign inter- ecutive. They envisioned that the sepa- stead decided that the President’s al- ference in our elections, and under- ration of powers would allow each leged corrupt acts did not even require mined the integrity of our democratic branch of government to oversee the a closer look. process—conduct that I believe the other. They also knew, based on their But even without firsthand accounts Framers would see as an abuse of experience living under the British and without primary documents, the power and violation of his oath of of- monarchy, that someday a President House managers have presented a com- fice. might corrupt the powers of the office. pelling case. I was particularly inter- The Articles of Impeachment include William Davie from North Carolina ested in the evidence that the man- a second charge: that the President was particularly concerned that a agers presented showing that the Presi- used the powers of his office to prevent President could abuse his office by dent’s conduct put our national secu- Congress from investigating his actions sparing ‘‘no efforts or means whatever rity at risk by jeopardizing our support and attempted to place himself above to get himself reelected.’’ for Ukraine. the law. So the Framers put in place a stand- Protecting Ukraine’s fragile democ- Unlike any President before him, ard that would cover a range of Presi- racy has been a bipartisan priority. I President Trump categorically refused dential misconduct, settling on: ‘‘Trea- went to Ukraine with the late Senator to comply with any requests from Con- gress. Even President Nixon directed son, Bribery, or other high Crimes and John McCain and Senator LINDSEY ‘‘all the president’s men’’ to comply Misdemeanors.’’ As Alexander Ham- GRAHAM right after the 2016 election to with congressional requests. Despite ilton explained in Federalist 65, the make clear that the United States that history, President Trump directed phrase was intended to cover the would continue to support our ally every member of his administration ‘‘abuse or violation of some public Ukraine in the face of Russian aggres- not to comply with requests to testify trust’’ and ‘‘injuries done immediately sion—that we will stand up for democ- and also directed the executive branch to society itself.’’ The Framers de- racy. As the House managers stressed, not to release a single document. signed a remedy for this public harm: it is in our national security interest The President’s refusal to respect the removal from public office. So now we to strengthen Ukraine’s democracy. Congress’s authority is a direct threat are here as judge and jury to try the The United States has 60,000 troops sta- to the separation of powers. The Con- case and to evaluate whether the Presi- tioned in Europe, and thousands of stitution gives the House the ‘‘sole dent’s acts have violated the public Ukrainians have died fighting Russian power of impeachment,’’ a tool of last trust and injured our democracy. forces and their proxies. resort to provide a check on the presi- I am concerned of course that the Our Nation’s support for Ukraine is dent. By refusing to cooperate, the Senate has decided that we must make critically needed. Ukraine is at the President is attempting to erase the this decision without all the facts. frontline of Russian aggression, and Congress’s constitutional power and to With a 51 to 49 vote, the senate blocked since the Russians invaded Crimea in prevent the American people from the opportunity to call witnesses with 2014, the United States has provided learning of his misconduct. As we dis- firsthand knowledge or to get relevant over $1.5 billion in aid. Russia is watch- cussed during our questions, the Presi- documents. Fairness means evidence— ing everything we do. So this summer, dent is asserting that his aides have it means documents, and it means wit- as a new Ukrainian President prepared absolute immunity, a proposition that nesses. In every past impeachment to lead his country and address the war Federal courts have consistently re- trial in the Senate, in this body’s en- with Russia, it was critical that Presi- jected. Manager Demings warned, ‘‘ab- tire 231-year history, there have been dent Trump showed the world that we solute power corrupts absolutely.’’ witnesses. There is no reason why the stand with Ukraine. Instead, President But this President has taken many Senate should not have called people to Trump decided to withhold military se- steps to place himself above the law. testify who have firsthand knowledge curity assistance and to deny the This administration has taken the po- of the President’s conduct, especially Ukrainian President an Oval Office sition that a sitting President cannot if, as some of my colleagues have sug- meeting. In doing so, he jeopardized be indicted or prosecuted. This Presi- gested, you believe the facts are in dis- our national security interests and put dent has argued that he is immune pute. the Ukrainians in danger. But worse from State and criminal investiga- During the question period, I asked yet, he did so to benefit himself. tions. And now we are being asked to about the impeachment of Judge Testimony from the 17 current and say that the Constitution’s check on a Porteous in 2010. I joined several of my former officials from the President’s President’s power, as set out by the colleagues in serving on the trial com- administration made it clear that the Framers, cannot prevent a President mittee. We heard from 26 witnesses in President leveraged the power of his of- from abusing his power and covering it the Senate, 17 of whom were new wit- fice to pressure Ukraine to announce up. nesses who had not previously testified an investigation into his political During the trial, we have heard this in the House. What possible reason rival. These brave public servants de- directly from the President’s defense. could there be for allowing 26 witnesses fied the President’s order and agreed to In the words of Alan Dershowitz, ‘‘If a in a judicial impeachment trial and testify about what happened despite president does something which he be- zero in a President’s trial? How can we the risks to their careers. Former U.S. lieves will help him get elected—in the consider this a fair trial if we are not Ambassador to Ukraine Marie public interest—that cannot be the even willing to try and get to the Yovanovitch showed particular cour- kind of quid pro quo that results in im- truth? age, testifying before the House even as peachment.’’ These echo the words of

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.042 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S917 an impeached President, Richard proximately $400 million in military The evidence of Trump’s guilt is so Nixon, who said: ‘‘When the president aid from Ukraine. Finally, according to overwhelming that the Republican does it, that means it is not illegal.’’ the charges, even when Trump’s Party, for the first time in the history We cannot accept that conclusion. In scheme to withhold aid was made pub- of Presidential impeachment, ob- this country the President is not King, lic, he ‘‘persisted in openly and cor- structed testimony from witnesses— the law is King. But if the Senate looks ruptly urging and soliciting Ukraine to even willing witnesses. It defies basic past the President’s defiance of Con- undertake investigations for his per- common sense that in a trial to deter- gress, we will forever undermine our sonal political benefit.’’ So on this first mine whether the President of the status as a coequal branch and under- Article of Impeachment, it is my view United States is above the law, the mine the rule of law. that the President is clearly guilty. Senate would not hear from the people So as we consider these Articles of The second Article of Impeachment who could speak directly to President Impeachment, I ask my colleagues to asserts that Trump obstructed Con- Trump’s behavior and motive. Leader think about the consequences. Our sys- gress in its investigation of Trump’s MITCH MCCONNELL’s handling of this tem, designed by the Framers 232 years abuse of power, stating that Trump trial, unfortunately, was nothing more ago, is one not of absolute power but of ‘‘has directed the unprecedented, cat- than a political act. power through and by the people. We egorical, and indiscriminate defiance of Yet this impeachment trial is about are, in some ways, faced with the same subpoenas issued by the House of Rep- more than just the charges against question the Founders faced when they resentatives pursuant to its ‘sole President Trump. What this impeach- made the fateful decision to challenge Power of Impeachment.’ ’’ According to ment vote will decide is whether we be- the unchecked power of a King. the warped logic of the arguments pre- lieve that the President, any President, When signing the Declaration of sented by the President’s counsel, is above the law. Independence, John Hancock signed his there are almost no legal bounds to Last week, Alan Dershowitz, one of name large and said, ‘‘There must be anything a President can do so long as President Trump’s lawyers, argued to no pulling different ways. We must all it benefits his own reelection. If a the Senate that a President cannot be hang together.’’ Benjamin Franklin re- President cannot be investigated impeached for any actions he or she plied, ‘‘Yes, we must, indeed, all hang criminally or by Congress while in of- takes that are intended to benefit their together, or most assuredly we shall all fice, then he or she would be effectively own reelection. That is truly an ex- hang separately.’’ above the law. President Trump, who traordinary and unconstitutional as- We have the opportunity today to raised absurd legal arguments to hide sertion. If Trump is acquitted, I fear stand together and say that the Con- his actions and obstruct Congress, is the repercussions of this argument stitution, that these United States, are clearly guilty here as well. would do grave damage to the rule of stronger than our enemies, foreign and Now, frankly, while the House of law in our country. domestic, and we, together, are strong- Representatives passed two Articles of Imagine what such a precedent would er than a President who would corrupt Impeachment, President Trump could allow an incumbent president to get our democracy with an abuse of power have been impeached for more than away with for the sake of their own re- and an attempt to deny the rights of a just that. election. Hacking an opponent’s email For example, it seems clear that coequal branch of government. We do using government resources? Soliciting Donald Trump has violated both the not have to agree on everything today election interference from China? domestic and foreign emoluments or tomorrow or a year from now, but Under this argument, what would stop clauses. In other words, it appears surely we can agree on the same basic a President from withholding infra- Trump has used the Federal Govern- principles: that this is a government of structure or education funding to a ment over and over to benefit himself laws, not of men-and women; that in given State to pressure elected officials financially. this country, no one is above the law. In 2018 alone, Trump’s organization into helping the President politically? If we can agree on that much, then I made over $40 million in profit just Let me be clear: Republicans will set submit to my colleagues that the from his Trump hotel in DC alone. And a dangerous and lawless precedent if choice before us is clear. foreign governments, including lob- they vote to acquit President Trump. A Mr. SANDERS. Mr. President, an im- bying firms connected to the Saudi Republican acquittal of Donald Trump peachment trial of a sitting President Arabian Government, have spent hun- won’t just mean that the current Presi- of the United States is not a matter to dreds of thousands of dollars at that dent is above the law; it will give a be taken lightly. A President should hotel. That appears to be corruption, green light to all future Presidents to not and must not be impeached because pure and simple. disregard the law so long as it benefits of political disagreements or policy dif- In addition, as we all know, there is their reelection. ferences. That is what elections are for. significant evidence that Donald It gives me no pleasure to conclude Instead, an impeachment trial occurs Trump committed obstruction of jus- that President Donald Trump is guilty when a President violates the oath he tice with regard to the Robert Mueller of the offenses laid out in the two Arti- or she swore to uphold the Constitu- investigation by, among other actions, cles of Impeachment. I will vote to tion of the United States. firing the FBI Director, James Comey. convict on both counts. But my greater Therefore, there are two questions One of the difficulties of dealing with concern is if Republicans acquit Presi- for me to answer as a juror in the im- President Trump and his administra- dent Trump by undercutting the very peachment trial of President Donald J. tion is that we cannot trust his words. rule of law. That will truly be remem- Trump: whether President Trump is He is a pathological liar who, according bered as a sad and dangerous moment guilty of abusing his power as Presi- to media research, has lied thousands in the history of our country. dent for his own political gain and of times since he was elected. During Mr. TOOMEY. Mr. President, I rise to whether he obstructed Congress in the trial, I posed a question to the speak about the House Articles of Im- their investigation of him. House impeachment managers: Given peachment against President Donald The first Article of Impeachment that the media has documented Presi- Trump. charges President Trump with abuse of dent Trump’s thousands of lies while in In 1999, then-Senator Joe Biden of power when he ‘‘solicited the inter- office—more than 16,200 as of January Delaware asked the following question ference of a foreign government, 20, 2020—why would we be expected to during the impeachment trial of Presi- Ukraine, in the 2020 United States believe that anything President Trump dent Bill Clinton: ‘‘[D]o these actions Presidential election.’’ Based on the says has credibility? The answer is rise to the level of high crimes and evidence I heard during the Senate that, sadly, we cannot. misdemeanors necessary to justify the trial, Trump ‘‘corruptly solicited’’ an Sadly, we now have a President who most obviously antidemocratic act the investigation into former Vice Presi- sees himself as above the law and is ei- Senate can engage in—overturning an dent Joe Biden and his son in order to ther ignorant or indifferent to the Con- election by convicting the president?’’ benefit his own reelection chances. To stitution. And we have a President who He answered his own question by vot- increase the pressure on Ukraine, clearly committed impeachable of- ing against removing President Clinton President Trump then withheld ap- fenses. from office.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.042 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S918 CONGRESSIONAL RECORD — SENATE February 5, 2020 It is this constitutionally grounded witnesses in the House impeachment bipartisan and must enjoy broad public framework—articulated well by Vice proceedings stated, U.S. policy in sup- support. In fact, as recently as March President Biden—that guided my report of Ukraine is stronger under of last year, Manager ADAM SCHIFF said view of President Trump’s impeach- President Trump than under President there would be ‘‘little to be gained by ment and, ultimately, my decision to Obama. putting the country through’’ the oppose his removal. Even if House Democrats’ presump- ‘‘wrenching experience’’ of a partisan House Democrats’ impeachment arti- tions about President Trump’s motives impeachment. Yet, only a few months cles allege that President Trump brief- are true, additional witnesses in the later, a partisan impeachment is ex- ly paused aid and withheld a White Senate, beyond the 17 witnesses who actly what the House produced. This House meeting with Ukraine’s Presi- testified in the House impeachment meant two Articles of Impeachment dent to pressure Ukraine into inves- proceedings, are unnecessary because whose true purpose was not to protect tigating two publicly reported corrup- the President’s actions do not rise to the Nation but, rather, to, as Speaker tion matters. The first matter was pos- the level of removing him from office, NANCY PELOSI said, stain the Presi- sible Ukrainian interference in our 2016 nor do they warrant the societal up- dent’s record because ‘‘he has been im- election. The second was Vice Presi- heaval that would result from his re- peached forever’’ and ‘‘they can never dent Biden’s role in firing the con- moval from office and the ballot erase that.’’ troversial Ukrainian prosecutor inves- months before an election. Our country It now falls upon this Senate to take tigating a company on whose board is already far too divided and this up what the House produced and faith- Vice President Biden’s son sat. When would only make matters worse. fully execute our duties under the Con- House Democrats demanded witnesses As Vice President Biden also stated stitution of the United States. and documents concerning the Presi- during President Clinton’s impeach- Why does impeachment exist? dent’s conduct, he invoked constitu- ment trial, ‘‘[t]here is no question the As manager JERRY NADLER reminded tional rights and resisted their de- Constitution sets the bar for impeach- us last week, removal is not a punish- mands. ment very high.’’ A President can only ment for a crime, nor is removal sup- The President’s actions were not be impeached and removed for ‘‘Trea- posed to be a way to hold Presidents ‘‘perfect.’’ Some were inappropriate. son, Bribery, or other high Crimes and accountable; that is what elections are But the question before the Senate is Misdemeanors.’’ While there is debate for. The sole purpose of this extraor- not whether his actions were perfect; it about the precise meaning of ‘‘other dinary power to remove the one person is whether they constitute impeachable high Crimes and Misdemeanors,’’ it is entrusted with all of the powers of an offenses that justify removing a sitting clear that impeachable conduct must entire branch of government is to pro- President from office for the first time be comparable to the serious offenses vide a last-resort remedy to protect the and forbidding him from seeking office of treason and bribery. country. That is why Hamilton wrote again. The Constitution sets the impeach- that in these trials our decisions Let’s consider the case against Presi- ment bar so high for good reasons. Re- should be pursuing ‘‘the public good.’’ dent Trump: obstruction of Congress moving a President from office and for- Even before the trial, I announced and abuse of power. On obstruction, bidding him from seeking future office that, for me, the question would not House Democrats allege the President overturns the results of the last elec- just be whether the President’s actions lacked ‘‘lawful cause or excuse’’ to re- tion and denies Americans the right to were wrong but ultimately whether sist their subpoenas. This ignores that vote for him in the next one. The Sen- what he did was removable. The two his resistance was based on constitu- ate’s impeachment power essentially are not the same. It is possible for an tionally grounded legal defenses and allows 67 Senators to substitute their offense to meet a standard of impeach- immunities that are consistent with judgment for the judgment of millions ment and yet not be in the best inter- longstanding positions taken by ad- of Americans. est of the country to remove a Presi- ministrations of both parties. Instead The framework Vice President Biden dent from office. of negotiating a resolution or liti- articulated in 1999 for judging an im- To answer this question, the first gating in court, House Democrats peachment was right then, and it is step was to ask whether it would serve rushed to impeach. But as House right now. President Trump’s conduct the public good to remove the Presi- Democrats noted during President does not meet the very high bar re- dent, even if the managers had proven Clinton’s impeachment, a President’s quired to justify overturning the elec- every allegation they made. It was not defense of his legal and constitutional tion, removing him from office, and difficult to answer that question on the rights and responsibilities is not an im- kicking him off the ballot in an elec- charge of obstruction of congress. The peachable offense. tion that has already begun. In Novem- President availed himself of legal de- House Democrats separately allege ber, the American people will decide fenses and constitutional privileges on President Trump abused his power by for themselves whether President the advice of his legal counsel. He has conditioning a White House meeting Trump should stay in office. In our taken a position identical to that of and the release of aid on Ukraine democratic system, that is the way it every other administration in the last agreeing to pursue corruption inves- should be. 50 years. That is not an impeachable tigations. Their case rests entirely on Mr. RUBIO. Mr. President, voting to offense, much less a removable one. the faulty claim that the only possible find the President guilty in the Senate Negotiations with Congress and en- motive for his actions was his personal is not simply a finding of wrongdoing; forcement in the courts, not impeach- political gain. In fact, there are also le- it is a vote to remove a President from ment, should be the front-line recourse gitimate national interests for seeking office for the first time in the 243-year when Congress and the President dis- investigations into apparent corrup- history of our Republic. agree on the separation of powers. But tion, especially when taxpayer dollars When they decided to include im- here, the House failed to go to court are involved. peachment in the Constitution, the because, as Manager SCHIFF admitted, Here is what ultimately occurred: Framers understood how disruptive they did not want to go through a year- President Trump met with Ukraine’s and traumatic it would be. As Alex- long exercise to get the information President, and the aid was released ander Hamilton warned, impeachment they wanted. Ironically, they now de- after a brief pause. These actions hap- will ‘‘agitate the passions of the whole mand that the Senate go through this pened without Ukraine announcing or community.’’ very long exercise they themselves de- conducting investigations. The idea This is why they decided to require cided to avoid. that President Trump committed an the support of two-thirds of the Senate On the first Article of Impeachment, impeachable offense by meeting with to remove a President we serve as a I reject the argument that abuse of Ukraine’s President at the United Na- guardrail against partisan impeach- power can never constitute grounds for tions in New York instead of Wash- ment and against removal of a Presi- removal unless a crime or a crime-like ington, DC is absurd. Moreover, the dent without broad public support. action is alleged. However, even if the pause in aid did not hinder Ukraine’s Leaders in both parties previously House managers had been able to prove ability to combat Russia. In fact, as recognized that impeachment must be every allegation made in article I,

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.039 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S919 would it be in the interest of the Na- Just last year, Speaker PELOSI said discussion and debate to sway public tion to remove the President? Answer- that any impeachment ‘‘would have to opinion, but in the end, it is essential ing this question requires a political be so clearly bipartisan in terms of ac- that we rely upon, respect, and accept judgment—one that takes into account ceptance of it.’’ And in 1998, Represent- the public’s electoral decisions. both the severity of the wrongdoing ative NADLER, currently a House im- In addition, I ask unanimous consent they allege and the impact removal peachment manager, said, ‘‘There must that my November 18, 2019, letter to would have on the Nation. never be . . . an impeachment substan- Congressmen NUNES and JORDAN, and I disagree with the House Managers’ tially supported by one of our major the January 22, 2020, Real Clear Inves- argument that, if we find the allega- political parties and largely opposed by tigations article written by Paul Sper- tions they have made are true, failing the other . . . Such an impeachment ry be printed in the RECORD following to remove the President leaves us with would lack legitimacy, would produce my remarks. no remedy to constrain this or future divisiveness and bitterness in our poli- The November 18, 2019, letter re- Presidents. Congress and the courts tics for years to come . . .’’ sponds to NUNES’ and JORDAN’s request have multiple ways by which to con- And yet, that is exactly what House to provide information regarding my strain the power of the Executive. And Democrats passed. I truly wish Speaker firsthand knowledge of events regard- ultimately, voters themselves can hold PELOSI, Chairman NADLER, and their ing Ukraine that were relevant to the the President accountable in an elec- House colleagues would have followed impeachment inquiry. The January 22, tion, including the one just 9 months their own advice. 2020, article was referenced in my ques- from now. As I listened to the House managers’ tion to the House managers and coun- I also considered removal in the con- closing arguments, I jotted down adjec- sel to the President during the 16-hour text of the bitter divisions and deep po- tives describing the case they were question and answer phase of the im- larization our country currently faces. making: angry, disingenuous, hyper- peachment trial. Specifically, that The removal of the President—espe- bolic, sanctimonious, distorted—if not question asked: ‘‘Recent reporting de- cially one based on a narrowly voted outright dishonest—and overstated; scribed two NSC staff holdovers from impeachment, supported by one polit- they were making a mountain out of a the Obama administration attending ical party and opposed by another and molehill. an ‘all hands’ meeting of NSC staff held without broad public support—would, Congressman SCHIFF and the other about two weeks into the Trump ad- as Manager NADLER warned over two House managers are not stupid. They ministration and talking loudly decades ago, ‘‘produce divisiveness and had to know that their insults and ac- enough to be overheard saying, ‘we bitterness’’ that will threaten our Na- cusations—that the President had need to do everything we can to take tion for decades. Can anyone doubt threatened to put our heads on a pike, out the president.’ On July 26, 2019, the that at least half of the country would that the Senate was on trial, that we House Intelligence Committee hired view his removal as illegitimate—as would be part of the coverup if we one of those individuals, Sean Misko. nothing short of a coup d’e´tat? It is dif- didn’t cave to their demand for wit- The report further describes relation- ficult to conceive of any scheme Putin nesses—would not sway Republican ships between Misko, Lt. Col. could undertake that would undermine Senators. No, they had another goal in Vindman, and the alleged whistle- confidence in our democracy more than mind. They were using impeachment blower. Why did your committee hire removal would. and their public offices to accomplish Sean Misko the day after the phone I also reject the argument that un- the very thing they accused President call between Presidents Trump and less we call new witnesses, this is not a Trump of doing, interfering in the 2020 Zelensky, and what role has he played fair trial. First, they cannot argue that election. throughout your committee’s inves- fairness demands we seek witnesses Impeachment should be reserved for tigation?’’ they did little to pursue. Second, even the most serious of offenses where the There being no objection, the mate- if new witnesses would testify to the risk to our democracy simply cannot rial was ordered to be printed in the truth of the allegations made, these al- wait for the voters’ next decision. That RECORD, as follows: legations, even if they had been able to was not the case here. Hon. JIM JORDAN, prove them, would not warrant the Instead, the greater damage to our Ranking Member, President’s removal. democracy would be to ratify a highly Committee on Oversight and Reform. This high bar I have set is not new partisan House impeachment process Hon. DEVIN NUNES, for me. In 2014, I rejected calls to pur- that lacked due process and sought to Ranking Member, Permanent Select Committee on Intelligence. sue impeachment of President Obama, impose a duty on the Senate to repair DEAR CONGRESSMAN JORDAN AND CONGRESS- noting that he ‘‘has two years left in the House’s flawed product. Caving to MAN NUNES: I am writing in response to the his term,’’ and, instead of pursuing im- House managers’ demands would have request of Ranking Members Nunes and Jor- peachment, we should use existing set a dangerous precedent and dramati- dan to provide my first-hand information tools at our disposal to ‘‘limit the cally altered the constitutional order, and resulting perspective on events relevant amount of damage he’s doing to our further weaponizing impeachment and to the House impeachment inquiry of Presi- economy and our national security.’’ encouraging more of them. dent Trump. It is being written in the middle of that inquiry—after most of the deposi- Senator PATRICK LEAHY, the Presi- Now that the trial is over, I sincerely tions have been given behind closed doors, dent pro tempore emeritus, once hope everyone involved has renewed but before all the public hearings have been warned, ‘‘[A] partisan impeachment appreciation for the genius of our held. cannot command the respect of the Founding Fathers and for the separa- I view this impeachment inquiry as a con- American people. It is no more valid tion of powers they incorporated into tinuation of a concerted, and possibly coordi- than a stolen election.’’ His words are the U.S. Constitution. I also hope all nated, effort to sabotage the Trump adminis- more true today than when he said the players in this national travesty go tration that probably began in earnest the them two decades ago. We should heed forward with a greater sense of humil- day after the 2016 presidential election. The his advice. ity and recognition of the limits the latest evidence of this comes with the reporting of a Jan. 30, 2017 tweet (10 days after I will not vote to remove the Presi- Constitution places on their respective Trump’s inauguration) by one of the whistle- dent because doing so would inflict ex- offices. blower’s attorneys, Mark Zaid: ‘‘#coup has traordinary and potentially irreparable I am concerned about the divisive- started. First of many steps. #rebellion. damage to our already divided Nation. ness and bitterness that Chairman #impeachment will follow ultimately.’’ Mr. JOHNSON. Mr. President, I am NADLER warned us about. We are a di- But even prior to the 2016 election, the glad that this unfortunate chapter in vided nation, and it often seems the FBI’s investigation and exoneration of American history is over. The strength lines are only hardening and growing former Secretary of State Hillary Clinton, of our Republic lies in the fact that, combined with Fusion GPS’ solicitation and farther apart. But hope lies in finding dissemination of the Steele dossier—and the more often than not, we settle our po- what binds us together—our love of FBI’s counterintelligence investigation litical differences at the ballot box, not freedom, our faith, our families. based on that dossier—laid the groundwork on the streets or battlefield and not We serve those who elect us. It is ap- for future sabotage. As a result, my first- through impeachment. propriate and necessary to engage in hand knowledge and involvement in this

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.018 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S920 CONGRESSIONAL RECORD — SENATE February 5, 2020 saga began with the revelation that former fulfilling the election mandate to fight cor- At the suggestion of Sondland, the delega- Secretary of State Hillary Clinton kept a ruption, and also discussed the priority of tion (Perry, Volker, Sondland and me) pro- private e-mail server. Ukraine obtaining sufficient inventories of posed a meeting with President Trump in the I have been chairman of the Senate Com- gas prior to winter. Oval Office. The purpose of the meeting was mittee on Homeland Security and Govern- Two specific points made during the meet- to brief the president on what we learned at mental Affairs (HSGAC) since January 2015. ings stand out in my memory as being rel- the inauguration, and convey our impres- In addition to its homeland security port- evant. sions of Zelensky and the current political folio, the committee also is charged with The first occurred during the country climate in Ukraine. The delegation uni- general oversight of the federal government. briefing. I had just finished making the point formly was impressed with Zelensky, under- Its legislative jurisdiction includes federal that supporting Ukraine was essential be- stood the difficult challenges he faced, and records. So when the full extent of Clinton’s cause it was ground zero in our geopolitical went into the meeting hoping to obtain use of a private server became apparent in competition with Russia. I was surprised President Trump’s strong support for March 2015, HSGAC initiated an oversight in- when Vindman responded to my point. He Zelensky and the people of Ukraine. Our spe- vestigation. stated that it was the position of the NSC cific goals were to obtain a commitment Although many questions remain unan- that our relationship with Ukraine should be from President Trump to invite Zelensky to swered from that scandal, investigations re- kept separate from our geopolitical competi- meet in the Oval Office, to appoint a U.S. sulting from it by a number of committees, tion with Russia. My blunt response was, ambassador to Ukraine who would have reporters and agencies have revealed mul- ‘‘How in the world is that even possible?’’ strong bipartisan support, and to have Presi- tiple facts and episodes that are similar to I do not know if Vindman accurately stat- dent Trump publicly voice his support. aspects of the latest effort to find grounds ed the NSC’s position, whether President Our Oval Office meeting took place on May for impeachment. In particular, the political Trump shared that viewpoint, or whether 23. The four members of the delegation sat bias revealed in the Strzok/Page texts, use of Vindman was really just expressing his own lined up in front of President Trump’s desk. the discredited Steele dossier to initiate and view. I raise this point because I believe that Because we were all directly facing the presi- sustain the FBI’s counterintelligence inves- a significant number of bureaucrats and staff dent, I do not know who else was in attend- tigation and FISA warrants, and leaks to the members within the executive branch have ance sitting or standing behind us. I can’t media that created the false narrative of never accepted President Trump as legiti- speak for the others, but I was very surprised Trump campaign collusion with Russia all mate and resent his unorthodox style and his by President Trump’s reaction to our report fit a pattern and indicate a game plan that intrusion onto their ‘‘turf.’’ They react by and requests. I suspect has been implemented once again. leaking to the press and participating in the He expressed strong reservations about It is from this viewpoint that I report my ongoing effort to sabotage his policies and, if supporting Ukraine. He made it crystal clear specific involvement in the events related to possible, remove him from office. It is en- that he viewed Ukraine as a thoroughly cor- Ukraine and the impeachment inquiry. tirely possible that Vindman fits this profile. rupt country both generally and, specifi- I also am chairman of the Subcommittee Quotes from the transcript of Vindman’s cally, regarding rumored meddling in the on Europe and Regional Security Coopera- opening remarks and his deposition reinforce 2016 election. Volker summed up this atti- tion of the Senate Foreign Relations Com- this point and deserve to be highlighted. tude in his testimony by quoting the presi- mittee. I have made six separate trips to Vindman testified that an ‘‘alternative nar- dent as saying, ‘‘They are all corrupt. They Ukraine starting in April 2011. Most re- rative’’ pushed by the president’s personal are all terrible people. . . . I don’t want to cently, I led two separate Senate resolutions attorney, Rudy Giuliani, was ‘‘inconsistent spend any time with that.’’ I do not recall calling for a strong U.S. and NATO response with the consensus views of the’’ relevant President Trump ever explicitly mentioning to Russian military action against Ukraine’s federal agencies and was ‘‘undermining the the names Burisma or Biden, but it was obvi- navy in the Kerch Strait. I traveled to consensus policy.’’ ous he was aware of rumors that corrupt ac- Vindman’s testimony, together with other Ukraine to attend president-elect tors in Ukraine might have played a part in witnesses’ use of similar terms such as ‘‘our Volodymyr Zelensky’s inauguration held on helping create the false Russia collusion nar- policy,’’ ‘‘stated policy,’’ and ‘‘long-standing May 20, and again on Sept. 5 with U.S. Sen. rative. policy’’ lend further credence to the point Of the four-person delegation, I was the Chris Murphy to meet with Zelensky and I’m making. Whether you agree with Presi- only one who did not work for the president. other Ukrainian leaders. dent Trump or not, it should be acknowl- Following the Orange Revolution, and even As a result, I was in a better position to push edged that the Constitution vests the power more so after the Maidan protests, the Revo- back on the president’s viewpoint and at- of conducting foreign policy with the duly lution of Dignity, and Russia’s illegal annex- tempt to persuade him to change it. I ac- elected president. American foreign policy is knowledged that he was correct regarding ation of Crimea and invasion of eastern what the president determines it to be, not endemic corruption. I said that we weren’t Ukraine, support for the people of Ukraine what the ‘‘consensus’’ of unelected foreign asking him to support corrupt oligarchs and has been strong within Congress and in both policy bureaucrats wants it to be. If any bu- politicians but to support the Ukrainian peo- the Obama and Trump administrations. reaucrats disagree with the president, they ple who had given Zelensky a strong man- There was also universal recognition and should use their powers of persuasion within date to fight corruption. I also made the concern regarding the level of corruption their legal chain of command to get the point that he and Zelensky had much in that was endemic throughout Ukraine. In president to agree with their viewpoint. In common. Both were complete outsiders who 2015, Congress overwhelmingly authorized the end, if they are unable to carry out the face strong resistance from entrenched inter- $300 million of security assistance to policy of the president, they should resign. ests both within and outside government. Ukraine, of which $50 million was to be They should not seek to undermine the pol- Zelensky would need much help in fulfilling available only for lethal defensive weaponry. icy by leaking to people outside their chain his mandate, and America’s support was cru- The Obama administration never supplied of command. cial. the authorized lethal defensive weaponry, The other noteworthy recollection involves It was obvious that his viewpoint and res- but President Trump did. how Perry conveyed the delegation concern ervations were strongly held, and that we Zelensky won a strong mandate—73%— over rumors that Zelensky was going to ap- would have a significant sales job ahead of us from the Ukrainian public to fight corrup- point Andriy Bohdan, the lawyer for oligarch getting him to change his mind. I specifi- tion. His inauguration date was set on very Igor Kolomoisky, as his chief of staff. The cally asked him to keep his viewpoint and short notice, which made attending it a delegation viewed Bohdan’s rumored ap- reservations private and not to express them scheduling challenge for members of Con- pointment to be contrary to the goal of publicly until he had a chance to meet gress who wanted to go to show support. As fighting corruption and maintaining U.S. Zelensky. He agreed to do so, but he also a result, I was the only member of Congress support. Without naming ‘‘Bohdan, Sec- added that he wanted Zelensky to know ex- joining the executive branch’s inaugural del- retary Perry made U.S. concerns very clear actly how he felt about the corruption in egation led by Energy Secretary Rick Perry, in his remarks to Zelensky. Ukraine prior to any future meeting. I used Special Envoy Kurt Volker, U.S. Ambassador Shortly thereafter, ignoring U.S. advice, that directive in my Sept. 5 meeting with to the European Union Gordon Sondland, Zelensky did appoint Bohdan as his chief of Zelensky in Ukraine. and Lt. Col. Alexander Vindman, rep- staff. This was not viewed as good news, but One final point regarding the May 23 meet- resenting the National Security Council. I I gave my advice on how to publicly react in ing: I am aware that Sondland has testified arrived the evening before the inauguration a text to Sondland on May 22: ‘‘Best case sce- that President Trump also directed the dele- and, after attending a country briefing pro- nario on COS: Right now Zelensky needs some- gation to work with Rudy Giuliani. I have no vided by U.S. embassy staff the next morn- one he can trust. I’m not a fan of lawyers, but recollection of the president saying that during, May 20, went to the inauguration, a they do represent all kinds of people. Maybe ing the meeting. It is entirely possible he luncheon following the inauguration, and a this guy is a patriot. He certainly understands did, but because I do not work for the presi- delegation meeting with Zelensky and his the corruption of the oligarchs. Could be the dent, if made, that comment simply did not advisers. perfect guy to advise Zelensky on how to deal register with me. I also remember Sondland The main purpose of my attendance was to with them. Zelensky knows why he got elected staying behind to talk to the president as demonstrate and express my support and For now, I think we express our concerns, but the rest of the delegation left the Oval Of- that of the U.S. Congress for Zelensky and give Zelensky the benefit of the doubt. Also let fice. the people of Ukraine. In addition, the dele- him know everyone in the U.S. will be watching I continued to meet in my Senate office gation repeatedly stressed the importance of VERY closely.’’ with representatives from Ukraine: on June

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.051 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S921 13 with members of the Ukrainian Par- could and should provide more military sup- concerned about the signal that would send. liament’s Foreign Affairs Committee; on port. But I pointed out that Germany was I shared his concern. I suggested that in our July 11 with Ukraine’s ambassador to the opposed to providing Ukraine lethal defen- public statements we first emphasize the U.S. and secretary of Ukraine’s National Se- sive weaponry and simply would not do so. universal support that the U.S. Congress has curity and Defense Council, Oleksandr As a result, if we wanted to deter Russia shown—and will continue to show—for the Danyliuk; and again on July 31 with from further aggression, it was up to the Ukrainian people. Second, we should mini- Ukraine’s ambassador to the U.S., Valeriy U.S. to provide it. mize the significance of the hold on military I had two additional counterarguments. Chaly. At no time during those meetings did aid as simply a timing issue coming a few First, I wasn’t suggesting we support the anyone from Ukraine raise the issue of the weeks before the end of our federal fiscal oligarchs and other corrupt Ukrainians. Our withholding of military aid or express con- year. Even if President Trump and the def- support would be for the courageous Ukrain- cerns regarding pressure being applied by the icit hawks within his administration decided president or his administration. ians who had overthrown Putin’s puppet, During Congress’ August recess, my staff Viktor Yanukovich, and delivered a remark- not to obligate funding for the current fiscal worked with the State Department and oth- able 73% mandate in electing Zelensky to year, Congress would make sure he had no ers in the administration to plan a trip to fight corruption. Second, I argued that with- option in the next fiscal year—which then Europe during the week of Sept. 2 with Sen- holding the support looked horrible politi- was only a few weeks away. I also made the ator Murphy to include Russia, Serbia, cally in that it could be used to bolster the point that Murphy was on the Appropria- Kosovo and Ukraine. On or around Aug. 26, ‘‘Trump is soft on Russia’’ mantra. tions Committee and could lead the charge we were informed that our requests for visas It was only after he reiterated his reasons on funding. for not giving me the authority to tell into Russia were denied. On either Aug. 28 or Murphy made the additional point that one Zelensky the support would be released that 29, I became aware of the fact that $250 mil- of the most valuable assets Ukraine pos- I asked him about whether there was some lion of military aid was being withheld. This sesses is bipartisan congressional support. news would obviously impact my trip and kind of arrangement where Ukraine would take some action and the hold would be lift- He warned Zelensky not to respond to re- discussions with Zelensky. quests from American political actors or he Sondland had texted me on Aug. 26 reed. Without hesitation, President Trump im- would risk losing Ukraine’s bipartisan sup- marking on the Russian visa denial. I replied mediately denied such an arrangement ex- port. I did not comment on this issue that on Aug. 30, apologizing for my tardy response isted. As reported in the Wall Street Jour- Murphy raised. and requesting a call to discuss Ukraine. We nal, I quoted the president as saying, ‘‘(Ex- scheduled a call for sometime between 12:30 pletive deleted)—No way. I would never do Instead, I began discussing a possible meet- p.m. and 1:30 p.m. that same day. I called that. Who told you that?’’ I have accurately ing with President Trump. I viewed a meet- Sondland and asked what he knew about the characterized his reaction as adamant, vehe- ing between the two presidents as crucial for hold on military support. I did not memori- ment and angry—there was more than one overcoming President Trump’s reservations alize the conversation in any way, and my expletive that I have deleted. and securing full U.S. support. It was at this Based on his reaction, I felt more than a memory of exactly what Sondland told me is point that President Trump’s May 23 direc- far from perfect. I was hoping that his testi- little guilty even asking him the question, much less telling him I heard it from tive came into play. mony before the House would help jog my Sondland. He seemed even more annoyed by memory, but he seems to have an even fuzzi- I prefaced my comment to Zelensky by that, and asked me, ‘‘Who is that guy’’? I in- er recollection of that call than I do. saying, ‘‘Let me go out on a limb here. Are The most salient point of the call involved terpreted that not as a literal question—the you or any of your advisers aware of the in- Sondland describing an arrangement where, president did know whom Sondland was—but augural delegation’s May 23 meeting in the if Ukraine did something to demonstrate its rather as a sign that the president did not Oval Office following your inauguration?’’ serious intention to fight corruption and know him well. I replied by saying, ‘‘I No one admitted they were, so I pressed on. possibly help determine what involvement thought he was your buddy from the real es- ‘‘The reason I bring up that meeting is that tate business.’’ The president replied by say- operatives in Ukraine might have had during I don’t want you caught off-guard if Presi- ing he barely knew him. the 2016 U.S. presidential campaign, then dent Trump reacts to you the same way he After discussing Ukraine, we talked about Trump would release the hold on military other unrelated matters. Finally, the presi- reacted to the delegation’s request for sup- support. dent said he had to go because he had a hur- port for Ukraine.’’ I have stated that I winced when that ar- ricane to deal with. He wrapped up the con- I told the group that President Trump ex- rangement was described to me. I felt U.S. versation referring back to my request to re- support for Ukraine was essential, particu- plicitly told the delegation that he wanted lease the hold on military support for larly with Zelensky’s new and inexperienced to make sure Zelensky knew exactly how he Ukraine by saying something like, ‘‘Ron, I administration facing an aggressive Vladi- felt about Ukraine before any meeting took understand your position. We’re reviewing it mir Putin. I feared any sign of reduced U.S. place. To repeat Volker’s quote of President now, and you’ll probably like my final deci- support could prompt Putin to demonstrate Trump: ‘‘They are all corrupt. They are all sion.’’ terrible people. . . . I don’t want to spend even more aggression, and because I was con- On Tuesday, Sept. 3, I had a short follow up any time with that.’’ That was the general vinced Zelensky was sincere in his desire to call with Bolton to discuss my upcoming trip attitude toward Ukraine that I felt President fight corruption, this was no time to be to Ukraine, Serbia and Kosovo. I do not re- withholding aid for any reason. It was the call discussing anything in particular that Trump directed us to convey. Since I did not time to show maximum strength and resolve. relates to the current impeachment inquiry have Volker’s quote to use at the time, I I next put in a call request for National Se- on that call. tried to portray that strongly held attitude curity Adviser John Bolton, and spoke with We arrived in Kyiv on Sept. 4, joining Tay- and reiterated the reasons President Trump him on Aug. 31. I believe he greed with my lor and Murphy for a full day of meetings on consistently gave me for his reservations re- position on providing military assistance, Sept. 5 with embassy staff, members of the garding Ukraine: endemic corruption and in- and he suggested I speak with both the vice new Ukrainian administration, and adequate European support. president and president. I requested calls Zelensky, who was accompanied by some of I also conveyed the counterarguments I with both, but was not able to schedule a his top advisers. We also attended the open- used (unsuccessfully) to persuade the presi- call with Vice President Pence. President ing proceedings of the Ukrainian High Anti- Trump called me that same day. dent to lift his hold: (1) We would be sup- Corruption Court. The meetings reinforced porting the people of Ukraine, not corrupt The purpose of the call was to inform our belief that Zelensky and his team were oligarchs, and (2) withholding military sup- President Trump of my upcoming trip to serious about fulfilling his mandate—to par- port was not politically smart. Although I Ukraine and to try to persuade him to au- aphrase the way he described it in his speech recognized how this next point would be thorize me to tell Zelensky that the hold at the High Anti-Corruption Court—to not would be lifted on military aid. The presi- only fight corruption but to defeat it. problematic, I also suggested any public dent was not prepared to lift the hold, and he The meeting with Zelensky started with statement Zelensky could make asking for was consistent in the reasons he cited. He re- him requesting we dispense with the usual greater support from Europe would probably minded me how thoroughly corrupt Ukraine diplomatic opening and get right to the issue be viewed favorably by President Trump. was and again conveyed his frustration that on everyone’s mind, the hold being placed on Finally, I commented on how excellent Europe doesn’t do its fair share of providing military support. Zelensky’s English was and encouraged him military aid. He specifically cited the sort of He asked if any of us knew the current sta- to use English as much as possible in a fu- conversation he would have with Angela tus. Because I had just spoken to President ture meeting with President Trump. With a Merkel, chancellor of Germany. To para- Trump, I fielded his question and conveyed smile on his face, he replied, ‘‘But Senator phrase President Trump: ‘‘Ron, I talk to An- the two reasons the president told me for his Johnson, you don’t realize how beautiful my gela and ask her, ‘Why don’t you fund these hold. I explained that I had tried to persuade Ukrainian is.’’ I jokingly conceded the point things,’ and she tells me, ‘Because we know the president to authorize me to announce by saying I was not able to distinguish his you will.’ We’re schmucks. Ron. We’re the hold was released but that I was unsuc- Ukrainian from his Russian. schmucks.’’ cessful. I acknowledged the corruption in Ukraine, As much as Zelensky was concerned about This was a very open, frank, and sup- and I did not dispute the fact that Europe losing the military aid, he was even more portive discussion. There was no reason for

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.052 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S922 CONGRESSIONAL RECORD — SENATE February 5, 2020 anyone on either side not to be completely lengthy interview, almost 30 minutes, as I real motivation), and damage our democracy honest or to withhold any concerns. At no attempted to put a rather complex set of as described above. time during this meeting—or any other events into context. Toward the tail end of America faces enormous challenges at meeting on this trip—was there any mention that interview, Hughes said, ‘‘It almost home and abroad. My oversight efforts have by Zelensky or any Ukrainian that they sounds like, the way you see it, Gordon was persuaded me there has been a concerted ef- were feeling pressure to do anything in re- kind of freelancing and he took it upon him- fort, probably beginning the day after the turn for the military aid, not even after Mur- self to do something that the president November 2016 election, to sabotage and un- phy warned them about getting involved in hadn’t exactly blessed, as you see it.’’ I re- dermine President Trump and his adminis- the 2020 election—which would have been the plied, ‘‘That’s a possibility, but I don’t know tration. President Trump, his supporters, perfect time to discuss any pressure. that. Let’s face it: The president can’t have and the American public have a legitimate Following the meeting with Zelensky and his fingers in everything. He can’t be stage- and understandable desire to know if wrong- his advisers, Murphy and I met with the managing everything, so you have members doing occurred directed toward influencing Ukrainian press outside the presidential of- of his administration trying to create good the 2016 election or sabotaging Trump’s ad- fice building. Our primary message was that policy.’’ ministration. The American public also has a we were in Kyiv to demonstrate our strong To my knowledge, most members of the right to know if no wrongdoing occurred. bipartisan support for the people of Ukraine. administration and Congress dealing with The sooner we get answers to the many un- We were very encouraged by our meetings the issues involving Ukraine disagreed with answered questions, the sooner we can at- with Zelensky and other members of his new President Trump’s attitude and approach to- tempt to heal our severely divided nation government in their commitment to fulfill ward Ukraine. Many who had the oppor- and turn our attention to the many daunting their electoral mandate to fight and defeat tunity and ability to influence the president challenges America faces. corruption. When the issue of military sup- attempted to change his mind. I see nothing Sincerely, port was raised, I provided the response I wrong with U.S. officials working with RON JOHNSON, suggested above: I described it as a timing Ukrainian officials to demonstrate Ukraine’s United States Senator. issue at the end of a fiscal year and said commitment to reform in order to change that, regardless of what decision President President Trump’s attitude and gain his sup- [From RealClearInvestigations, Jan. 22, 2019] Trump made on the fiscal year 2019 funding, port. I was confident Congress would restore the Nor is it wrong for administration staff to WHISTLEBLOWER WAS OVERHEARD IN ’17 DIS- funding in fiscal year 2020. In other words: use their powers of persuasion within their CUSSING WITH ALLY HOW TO REMOVE TRUMP Don’t mistake a budget issue for a change in chain of command to influence policy. What (By Paul Sperry) America’s strong support for the people of is wrong is for people who work for, and at Barely two weeks after Donald Trump took Ukraine. the pleasure of, the president to believe they office, Eric Ciaramella—the CIA analyst Congress came back into session on Sept. set U.S. foreign policy instead of the duly whose name was recently linked in a tweet 9. During a vote early in the week, I ap- elected president doing so. It also would be by the president and mentioned by law- proached one of the co-chairs of the Senate wrong for those individuals to step outside makers as the anonymous ‘‘whistleblower’’ Ukraine Caucus, U.S. Sen. Richard Durbin. I their chain of command—or established who touched off Trump’s impeachment—was briefly described our trip to Ukraine and the whistleblower procedures—to undermine the overheard in the White House discussing concerns Zelensky and his advisers had over president’s policy. If those working for the with another staffer how to remove the the hold on military support. According to president don’t feel they can implement the newly elected president from office, accord- press reports, Senator Durbin stated that president’s policies in good conscience, they ing to former colleagues. was the first time he was made aware of the should follow Gen. James Mattis’ example Sources told RealClearInvestigations the hold. I went on to describe how I tried to and resign. If they choose to do so, they can staffer with whom Ciaramella was speaking minimize the impact of that hold by assuring then take their disagreements to the public. was Sean Misko. Both were Obama adminis- Ukrainians that Congress could restore the That would be the proper and high-integrity tration holdovers working in the Trump funding in fiscal year 2020. I encouraged Dur- course of action. White House on foreign policy and national bin, as I had encouraged Murphy, to use his This impeachment effort has done a great security issues. And both expressed anger membership on the Senate Appropriations deal of damage to our democracy. The re- over Trump’s new ‘‘America First’’ foreign Committee to restore the funding. lease of transcripts of discussions between Also according to a press report, leading up policy, a sea change from President Obama’s the president of the United States and an- to a Sept. 12 defense appropriation com- approach to international affairs. other world leader sets a terrible precedent ‘‘Just days after he was sworn in they were mittee markup, Durbin offered an amend- already talking about trying to get rid of ment to restore funding. On Sept. 11, the ad- that will deter and limit candid conversa- ministration announced that the hold had tions between the president and world lead- him,’’ said a White House colleague who been lifted. I think it is important to note ers from now on. The weakening of executive overheard their conversation. ‘‘They weren’t just bent on subverting his the hold was lifted only 14 days after its ex- privilege will also limit the extent to which agenda,’’ the former official added. ‘‘They istence became publicly known, and 55 days presidential advisers will feel comfortable were plotting to actually have him removed after the hold apparently had been placed. providing ‘‘out of the box’’ and other frank On Friday, Oct. 4, I saw news reports of counsel in the future. from office.’’ text messages that Volker had supplied the In my role as chairman of the Senate’s pri- Misko left the White House last summer to House of Representatives as part of his testi- mary oversight committee, I strongly be- join House impeachment manager Adam mony. The texts discussed a possible press lieve in and support whistleblower protec- Schiff’s committee, where sources say he of- release that Zelensky might issue to help tions. But in that role, I am also aware that fered ‘‘guidance’’ to the whistleblower, who persuade President Trump to offer an Oval not all whistleblowers are created equal. Not has been officially identified only as an in- Office meeting. Up to that point, I had pub- every whistleblower has purely altruistic telligence officer in a complaint against licly disclosed only the first part of my Aug. motives. Some have personal axes to grind Trump filed under whistleblower laws. Misko 31 phone call with President Trump, where I against a superior or co-workers. Others then helped run the impeachment inquiry lobbied him to release the military aid and might have a political ax to grind. based on that complaint as a top investi- he provided his consistent reasons for not The Intelligence Community Inspector gator for congressional Democrats. doing so: corruption and inadequate Euro- General acknowledges the whistleblower in The probe culminated in Trump’s impeach- pean support. this instance exhibits some measure of ‘‘an ment last month on a party-line vote in the Earlier in the week, I had given a phone arguable political bias.’’ The whistleblower’ House of Representatives. Schiff and other interview with Siobhan Hughes of the Wall s selection of attorney Mark Zaid lends cre- House Democrats last week delivered the ar- Street Journal regarding my involvement dence to the ICIG’s assessment, given Zaid’s ticles of impeachment to the Senate, and are with Ukraine. With the disclosure of the tweet that mentions coup, rebellion and im- now pressing the case for his removal during Volker texts, I felt it was important to go on peachment only 10 days after Trump’s inau- the trial, which began Tuesday. the record with the next part of my Aug. 31 guration. The coordination between the official be- call with President Trump: his denial. I had If the whistleblower’s intention was to im- lieved to be the whistleblower and a key not previously disclosed this because I could prove and solidify the relationship between Democratic staffer, details of which are dis- not precisely recall what Sondland had told the U.S. and Ukraine, he or she failed miser- closed here for the first time, undercuts the me on Aug. 30, and what I had conveyed to ably. Instead, the result has been to pub- narrative that impeachment developed spon- President Trump, regarding action Ukraine licize and highlight the president’s deeply taneously out of the ‘‘patriotism’’ of an would take before military aid would be re- held reservations toward Ukraine that the ‘‘apolitical civil servant.’’ leased. To the best of my recollection, the whistleblower felt were so damaging to our Two former co-workers said they over- action described by Sondland on Aug. 30 in- relationship with Ukraine and to U.S. na- heard Ciaramella and Misko, dose friends volved a demonstration that the new Ukrain- tional security. The dispute over policy was and Democrats held over from the Obama ad- ian government was serious about fighting being resolved between the two branches of ministration, discussing how to ‘‘take out,’’ corruption—something like the appointment government before the whistleblower com- or remove, the new president from office of a prosecutor general with high integrity. plaint was made public. All the complaint within days of Trump’s inauguration. These I called Hughes Friday morning, Oct. 4, to has accomplished is to fuel the House’s im- co-workers said the president’s controversial update my interview. It was a relatively peachment desire (which I believe was the Ukraine phone call in July 2019 provided the

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.053 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S923 pretext they and their Democratic allies had Ciaramella’s name was invoked in heated ‘‘It was so shocking that they were so bla- been looking for. discussions about the whistleblower, as tant and outspoken about their opinion,’’ he ‘‘They didn’t like his policies,’’ another RealClearInvestigations first reported Oct. recalled. ‘‘They weren’t shouting it, but they former White House official said. ‘‘They had 30, and has appeared in at least one testi- didn’t seem to feel the need to hide it.’’ a political vendetta against him from Day mony transcript. Congressional Republicans The co-workers didn’t think much more One.’’ complain Schiff and his staff counsel have about the incident. Their efforts were part of a larger pattern redacted his name from other documents. ‘‘We just thought they were wacky,’’ the of coordination to build a case for impeach- Lawyers representing the whistleblower first source said. ‘‘Little did we know.’’ ment, involving Democratic leaders as well have neither confirmed nor denied that Neither Ciaramella nor Misko could be as anti-Trump figures both inside and out- Ciaramella is their client. In November, reached for comment. side of government. after Donald Trump Jr. named Ciaramella A CIA alumnus, Misko had previously as- All unnamed sources for this article spoke and cited RCI’s story in a series of tweets, sisted Biden’s top national security aide only on condition that they not be further however, they sent a ‘‘cease and desist’’ let- Jake Sullivan. Former NSC staffers said identified or described. Although strong evi- ter to the White House demanding Trump Misko was Ciaramella’s closest and most dence points to Ciaramella as the govern- and his ‘‘surrogates’’ stop ‘‘attacking’’ him. trusted ally in the Trump White House. ment employee who lodged the whistle- And just as the whistleblower complaint was ‘‘Eric and Sean were very tight and spent blower complaint, he has not been officially made public in September, Ciaramella’s so- nearly two years together at the NSC,’’ said identified as such. As a result, this article cial media postings and profiles were a former supervisor who requested anonym- makes a distinction between public informa- scrubbed from the Internet. ity. ‘‘Both of them were paranoid about tion released about the unnamed whistle- ‘TAKE OUT’ THE PRESIDENT Trump.’’ ‘‘They were thick as thieves,’’ added the blower/CIA analyst and specific information An Obama holdover and registered Demo- first NSC source. ‘‘They sat next to each about Ciaramella. crat, Ciaramella in early 2017 expressed hos- Democrats based their impeachment case other and complained about Trump all the tility toward the newly elected president on the whistleblower complaint, which al- time. They were buddies. They weren’t just during White House meetings, his co-workers leges that President Trump sought to help colleagues. They were buddies outside the said in interviews with RealClearInvesti- his re-election campaign by demanding that White House.’’ gations. They added that Ciaramella sought Ukraine’s leader investigate former Vice The February 2017 incident wasn’t the only to have Trump removed from office long be- President Joe Biden and his son Hunter in time the pair exhibited open hostility toward fore the filing of the whistleblower com- exchange for military aid. Yet Schiff, who the president. During the following months, plaint. heads the House Intelligence Committee, and At the time, the CIA operative worked on both were accused internally of leaking neg- other Democrats have insisted on keeping loan to the White House as a top Ukrainian ative information about Trump to the media. But Trump’s controversial call to the new the identity of the whistleblower secret, cit- analyst in the National Security Council, president of Ukraine this past summer—in ing concern for his safety, while arguing that where he had previously served as an adviser which he asked the foreign leader for help his testimony no longer matters because on Ukraine to Vice President Biden. The with domestic investigations involving the other witnesses and documents have ‘‘cor- whistleblower complaint cites Biden, alleg- Obama administration, including Biden— roborated’’ what he alleged in his complaint ing that Trump demanded Ukraine’s newly gave them the opening they were looking about the Ukraine call. elected leader investigate him and his son for. Republicans have fought unsuccessfully to ‘‘to help the president’s 2020 reelection bid.’’ call him as a witness, arguing that his moti- Two NSC co-workers told RCI that they A mutual ally in the National Security vations and associations are relevant—and overheard Ciaramella and Misko—who was Council who was one of the White House offi- that the president has the same due-process also working at the NSC as an analyst— cials authorized to listen in on Trump’s July right to confront his accuser as any other making anti-Trump remarks to each other 25 conversation with Ukraine’s president American. while attending a staff-wide NSC meeting leaked it to Ciaramella the next day—July The whistleblower’s candor is also being called by then-National Security Adviser Mi- 26—according to former NSC co-workers and called into question. It turns out that the chael Flynn, where they sat together in the congressional sources. The friend, Ukraine- CIA operative failed to report his contacts south auditorium of the Eisenhower Execu- born Lt. Col. Alexander Vindman, held with Schiff’s office to the intelligence com- tive Office Building, part of the White House Ciaramella’s old position at the NSC as di- munity’s inspector general who fielded his complex. rector for Ukraine. Although Ciaramella had whistleblower complaint. He withheld the in- The ‘‘all hands’’ meeting, held about two left the White House to return to the CIA in formation both in interviews with the in- weeks into the new administration, was at- mid-2017, the two officials continued to col- spector general, Michael Atkinson, and in tended by hundreds of NSC employees. laborate through interagency meetings. writing, according to impeachment com- ‘‘They were popping off about how they Vindman leaked what he’d heard to mittee investigators. The whistleblower were going to remove Trump from office. No Ciaramella by phone that afternoon, the form he filled out required him to disclose joke,’’ said one ex-colleague, who spoke on sources said. In their conversation, which whether he had ‘‘contacted other entities’’— the condition of anonymity to discuss sen- lasted a few minutes, he described Trump’s including ‘‘members of Congress.’’ But he sitive matters. call as ‘‘crazy,’’ and speculated he had ‘‘com- left that section blank on the disclosure A military staffer detailed to the NSC, who mitted a criminal act.’’ Neither reviewed the form he signed. was seated directly in front of Ciaramella transcript of the call before the White House The investigators say that details about and Misko during the meeting, confirmed released it months later. how the whistleblower consulted with hearing them talk about toppling Trump NSC co-workers said that Vindman, like Schiff’s staff and perhaps misled Atkinson during their private conversation, which the Ciaramella, openly expressed his disdain for about those interactions are contained in the source said lasted about one minute. The Trump whose foreign policy was often at transcript of a closed-door briefing Atkinson crowd was preparing to get up to leave the odds with the recommendations of ‘‘the gave to the House Intelligence Committee room at the time. interagency’’—a network of agency working last October. However, Schiff has sealed the ‘‘After Flynn briefed [the staff] about what groups comprised of intelligence bureau- transcript from public view. It is the only ‘America first’ foreign policy means, crats, experts and diplomats who regularly impeachment witness transcript out of 18 Ciaramella turned to Misko and commented, meet to craft and coordinate policy positions that he has not released. ’We need to take him out,’ ’’ the staffer re- inside the federal government. Schiff has classified the document ‘‘Se- called. ‘‘And Misko replied, ‘Yeah, we need Before he was detailed to the White House, cret,’’ preventing Republicans who attended to do everything we can to take out the Vindman served in the U.S. Army, where he the Atkinson briefing from quoting from it. president.’ ’’ once received a reprimand from a superior Even impeachment investigators cannot Added the military detailee, who spoke on officer for badmouthing and ridiculing Amer- view it outside a highly secured room, condition of anonymity: ‘‘By ‘taking him ica in front of Russian soldiers his unit was known as a ‘‘SCIF,’’ in the basement of the out,’ they meant removing him from office training with during a joint 2012 exercise in Capitol. Members must first get permission by any means necessary. They were trig- Germany. from Schiff, and they are forbidden from gered by Trump’s and Flynn’s vision for the His commanding officer, Army Lt. Col. Jim bringing phones into the SCIF or from tak- world. This was the first ‘all hands’ [staff Hickman, complained that Vindman, then a ing notes from the document. meeting] where they got to see Trump’s na- major, ‘‘was apologetic of American culture, While the identity of the whistleblower re- tional security team, and they were huffing laughed about Americans not being educated mains unconfirmed, at least officially, and puffing throughout the briefing any time or worldly and really talked up Obama and Trump recently retweeted a message naming Flynn said something they didn’t like about globalism to the point of [It being] uncom- Ciaramella, while Republican Sen. Rand ‘America First.’ ’’ fortable.’’ Paul and Rep. Louie Gohmert of the House He said he also overheard Ciaramella tell- ‘‘Vindman was a partisan Democrat at Judiciary Committee have publicly de- ing Misko, referring to Trump, ‘We can’t let least as far back as 2012,’’ Hickman, now remanded that Ciaramella testify about his him enact this foreign policy.’ ’’ tired, asserted. ‘‘Do not let the uniform fool role in the whistleblower complaint. Alarmed by their conversation, the mili- you. He is a political activist in uniform.’’ During last year’s closed-door House depo- tary staffer immediately reported what he Attempts to reach Vindman through his sitions of impeachment witnesses, heard to his superiors. lawyer were unsuccessful.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.055 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S924 CONGRESSIONAL RECORD — SENATE February 5, 2020 July 26 was also the day that Schiff hired adviser, which the Department of Justice in- Atkinson claimed that he had not inves- Misko to head up the investigation of spector general determined was conducted tigated them because he had only just Trump, congressional employment records under false pretenses involving doctored learned about them in the media. show. Misko, in turn, secretly huddled with emails, suppression of exculpatory evidence, On Oct. 8, after more media reports re- the whistleblower prior to filing his Aug. 12 and other malfeasance. Laufman’s office was vealed the whistle blower and Schiff’s staff complaint, according to multiple congres- implicated in a report detailing the surveil- had concealed their contacts with each sional sources, and shared what he told him lance misconduct. other, the whistleblower called Atkinson’s with Schiff, who initially denied the con- Laufman could not be reached for com- office to try to explain why he made false tacts before press accounts revealed them. ment. statements in writing and verbally, trans- Schiff’s office has also denied helping the Laufman and Zaid are old friends who have gressions that could be punishable with a whistleblower prepare his complaint, while worked together on legal matters in the fine of up to $10,000, imprisonment for up five rejecting a Republican subpoena for docu- past. ‘‘I would not hesitate to join forces years, or both, according to the federal form ments relating to it. But Capitol Hill vet- with him on complicated cases,’’ Zaid said of he signed under penalty of perjury. erans and federal whistleblower experts are Laufman in a recommendation posted on his In his clarification to the inspector gen- suspicious of that account. LinkedIn page. eral, the whistleblower acknowledged for the Fred Fleitz, who fielded a number of whis- Laufman recently defended Zaid on Twit- first time reaching out to Schiff’s staff be- tleblower complaints from the intelligence ter after Trump blasted Zaid for advocating fore filing the complaint, according to an in- community as a former senior House Intel- a ‘‘coup’’ against him. ‘‘These attacks on vestigative report filed later that month by ligence Committee staff member, said it was Mark Zaid’s patriotism are baseless, irre- Atkinson. obvious that the CIA analyst had received sponsible and dangerous,’’ Laufman tweeted. ‘‘The whistleblower got caught,’’ Ratcliffe coaching in writing the nine-page whistle- ‘‘Mark is an ardent advocate for his clients.’’ said. ‘‘The whistleblower made false state- blower report. After the CIA analyst was coached on how ments. The whistleblower got caught with ‘‘From my experience, such an extremely to file a complaint under Intelligence Com- Chairman Schiff.’’ polished whistleblowing complaint is un- munity whistleblower protections, he was He says the truth about what happened is heard of,’’ Fleitz, also a former CIA analyst, steered to another Obama holdover—former documented on pages 53–73 of the transcript said. ‘‘He appears to have collaborated in Justice Department attorney-turned-inspec- of Atkinson’s eight-hour testimony. Except drafting his complaint with partisan House tor general Michael Atkinson, who facili- that Schiff refuses to release it. Intelligence Committee members and staff.’’ tated the processing of his complaint, de- ‘‘The transcript is classified ‘Secret’ so Fleitz, who recently served as chief of staff spite numerous red flags raised by career Schiff can prevent you from seeing the an- to former National Security Adviser John Justice Department lawyers who reviewed it. swers to my questions,’’ Ratcliffe told RCI. Bolton, said the complaint appears to have The department’s Office of Legal Counsel Atkinson replaced Charles McCullough as been tailored to buttress an impeachment that the complaint involved ‘‘foreign diplo- the intelligence community’s IG. charge of soliciting the ‘‘interference’’ of a macy,’’ not intelligence, contained ‘‘hear- McCullough is now a partner in the same law foreign government in the election. say’’ evidence based on ‘‘secondhand’’ infor- firm for which Bakaj and Zaid work. And the whistleblower’s unsupported alle- mation, and did not meet the definition of an McCullough formerly reported directly to gation became the foundation for Democrats’ ‘‘urgent concern’’ that needed to be reported Obama’s National Intelligence Director, first article of impeachment against the to Congress. Still, Atkinson worked closely James Clapper, one of Trump’s biggest crit- president. It even adopts the language used with Schiff to pressure the White House to ics in the intelligence community and a reg- by the CIA analyst in his complaint, which make the complaint public. ular agitator for his impeachment on CNN. Fleitz said reads more like ‘‘a political docu- Fleitz said cloaking the CIA analyst in the HIDDEN POLITICAL AGENDA? whistleblower statute provided him cover ment.’’ Atkinson also repeatedly refused to answer from public scrutiny. By making him anony- OUTSIDE HELP Senate Intelligence Committee questions mous, he was able to hide his background After providing the outlines of his com- about the political bias of the whistleblower. and motives. Filing the complaint with the plaint to Schiff’s staff, the CIA analyst was Republican members of the panel called his IC inspector general, moreover, gave him referred to whistleblower attorney Andrew Sept. 26 testimony ‘‘evasive.’’ Senate inves- added protections against reprisals, while Bakaj by a mutual friend ‘‘who is an attor- tigators say they are seeking all records gen- letting him disclose classified information. If ney and expert in national security law,’’ ac- erated from Atkinson’s ‘‘preliminary re- he had filed directly with Congress, it could cording to the Washington Post, which did view’’ of the whistleblower’s complaint, in- not have made the complaint public due to not identify the go-between. cluding evidence and ‘‘indicia’’ of the whis- classified concerns. But a complaint referred A former CIA officer, Bakaj had worked tleblower’s ‘‘political bias’’ in favor of Biden. by the IG to Congress gave it more latitude with Ciaramella at the spy agency. They Republicans point out that Atkinson was over what it could make public. have even more in common: like the 33-year- the top national security lawyer in the old Ciaramella, the 37-year-old Bakaj is a OMITTED CONTACTS WITH SCHIFF Obama Justice Department when it was in- Connecticut native who has spent time in The whistleblower complaint was publicly vestigating Trump campaign aides and Ukraine. He’s also contributed money to released Sept. 26 after a barrage of letters Trump himself in 2016 and 2017. He worked Biden’s presidential campaign and once and a subpoena from Schiff, along with a closely with Laufman, the department’s worked for former Sen. Hillary Clinton. He’s flood of leaks to the media. former counterintelligence section chief also briefed the intelligence panel Schiff However, the whistleblower did not dis- who’s now aligned with the whistleblower’s chairs. close to Atkinson that he had briefed Schiff’s attorneys. Also, Atkinson served as senior Bakaj brought in another whistleblower office about his complaint before filing it counsel to Mary McCord, the senior Justice lawyer, Mark Zaid, to help on the case. A with the inspector general. He was required official appointed by Obama who helped Democratic donor and a politically active on forms to list any other agencies he had oversee the FBI’s Russia ‘‘collusion’’ probe, anti-Trump advocate, Zaid was willing to contacted, including Congress. But he omit- and who personally pressured the White help represent the CIA analyst. On Jan. 30, ted those contacts and other material facts House to fire then National Security Adviser 2017, around the same time former colleagues from his disclosure. He also appears to have Flynn. She and Atkinson worked together on say they overheard Ciaramella and Misko misled Atkinson on Aug. 12, when on a sepa- the Russia case. Closing the circle tighter, conspiring to take Trump out, Zaid tweeted rate form he stated: ‘‘I reserve the option to McCord was Laufman’s boss at Justice. that a ‘‘coup has started’’ and that ‘‘im- exercise my legal right to contact the com- As it happens, all three are now involved in peachment will follow ultimately.’’ mittees directly,’’ when he had already con- the whistleblower case or the impeachment Neither Bakaj nor Zaid responded to re- tacted Schiff’s committee weeks prior to process. quests for an interview. making the statement. After leaving the department, McCord It’s not clear who the mutual friend and ‘‘The whistleblower made statements to joined the stable of attorneys Democrats re- national security attorney was whom the an- the inspector general under the penalty of cruited last year to help impeach Trump. alyst turned to for additional help after perjury that were not true or correct,’’ said She is listed as a top outside counsel for the meeting with Schiff’s staff. But people famil- Rep. John Ratcliffe, a Republican member of House in key legal battles tied to impeach- iar with the matter say that former Justice the House Intelligence Committee. ment, including trying to convince federal Department national security lawyer David Ratcliffe said Atkinson appeared uncon- judges to unblock White House witnesses and Laufman involved himself early on in the cerned after the New York Times revealed in documents. whistleblower case. early October that Schiff’s office had pri- ‘‘Michael Atkinson is a key anti-Trump Also a former CIA officer, Laufman was vately consulted with the CIA analyst before conspirator who played a central role in promoted by the Obama administration to he filed his complaint, contradicting Schiff’s transforming the ‘whistleblower’ complaint run counterintelligence cases, including the initial denials. Ratcliffe told into the current impeachment proceedings,’’ high-profile investigations of Clinton’s clas- RealClearlnvestigations that in closed door said Bill Marshall, a senior investigator for sified emails and the Trump campaign’s al- testimony on Oct. 4, ‘‘I asked IG Atkinson Judicial Watch, the conservative govern- leged ties to Russia. Laufman sat in on Clin- about his ‘investigation’ into the contacts ment watchdog group that is suing the Jus- ton’s July 2016 FBI interview. He also signed between Schiff’s staff and the person who tice Department for Atkinson’s internal off on the wiretapping of a Trump campaign later became the whistleblower.’’ But he said communications regarding impeachment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.057 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S925 Atkinson’s office declined comment. got caught, and worked hard to cover it up. cludes stock that, although it had no com- ANOTHER ‘CO-CONSPIRATOR’? His actions constitute a shocking, corrupt mercial value at the time, had subjective abuse of power and betrayal of his oath of of- value to the defendant.7 Similarly, the Sixth During closed-door depositions taken in fice. Just as a sheriff cannot delay respond- Circuit held that loans that a public official the impeachment inquiry, Ciaramella’s con- ing to calls for help until the callers endorse would have been otherwise unable to receive federate Misko was observed handing notes his re-election, the President is not entitled were ‘‘thing[s] of value.’’ 8 The Eighth Cir- to Schiff’s lead counsel for the impeachment to withhold vital military assistance from a cuit has similarly emphasized that ‘‘any- inquiry, Daniel Goldman—another Obama foreign ally until they announce an inves- thing of value’’ should be interpreted ‘‘broad- Justice attorney and a major Democratic tigation to smear his political rival. The ly’’ and ‘‘subjectively.’’ 9 donor—as he asked questions of Trump ad- proof shows precisely the type of corruption Further, the ‘‘thing’’ need not be tangible, ministration witnesses, officials with direct that the Framers sought to prevent through and it need not be immediately available. knowledge of the proceedings told RealClear the Impeachment Clause, including foreign For example, the Sixth Circuit held that a Investigations. Misko also was observed sit- interference in our election. promise of ‘‘future employment’’ is a thing ting on the dais behind Democratic members Two further points are significant. First, of value.10 A D.C. district court found that during last month’s publicly broadcast joint the President is guilty of the crime of brib- travel and entrance to various events that impeachment committee hearings. ery, which is specifically listed in the Con- Tyson Foods gave to the Agriculture Sec- Another Schiff recruit believed to part of stitution as a grounds for impeachment.1 retary’s girlfriend counted as things of the clandestine political operation against Second, the President’s unprecedented cam- value, despite the fact that they were not Trump is Abby Grace, who also worked paign to obstruct the impeachment inquiry given directly to the Secretary and were not closely with Ciaramella at the NSC, both be- 11 compels us to conclude that the evidence he tangible items. Campaign contributions fore and after Trump was elected. During the is hiding would provide further proof of his also count as ‘‘things of value,’’ even con- Obama administration, Grace was an assist- guilt. tributions made to Super PACs, despite Su- ant to Obama national security aide Ben preme Court precedent holding that inde- I. The President committed the federal crime of Rhodes. pendent expenditures do not have sufficient bribery Last February, Schiff recruited this other value to candidates to justify placing limits White House friend of the whistleblower to There is no question—based on the original on them.12 In other contexts, the courts have work as an impeachment investigator. Grace meaning of the Constitution, the elaboration interpreted the phrase ‘‘thing of value’’ to is listed alongside Sean Misko as senior of the impeachment clause in the Federalist encompass a tip about the whereabouts of a staffers in the House Intelligence Commit- Papers, historical precedent, and common witness,13 information about government in- tee’s ‘‘The Trump-Ukraine Impeachment In- sense—that the President need not violate a formants,14 and the testimony of a govern- quiry Report’’ published last month. provision of any criminal code in order to ment witness.15 The courts have roundly re- Republican Rep. Louie Gohmert, who warrant removal from office.2 The Presi- jected the proposition that this phrase ‘‘cov- served on one of the House impeachment dent’s argument that he must violate ‘‘es- ers only things having commercial value;’’ panels, singled out Grace and Misko as tablished law’’ to be impeached would be intangibles, including information itself, can Ciaramella’s ‘‘co-conspirators’’ in a recent laughable if its implications were not so dan- certainly be a ‘‘thing of value.’’ 16 The rel- House floor speech arguing for their testi- gerous. evant inquiry is not the objective value of mony.‘‘These people are at the heart of ev- But there is no reasonable doubt that the the thing offered, but ‘‘whether the donee erything about this whole Ukrainian hoax,’’ President has violated established law. The placed any value on the intangible gifts.’’ 17 Gohmert said. ‘‘We need to be able to talk to Constitution specifically states that a Presi- Here, President Trump clearly placed these people.’’ dent who commits bribery should be im- value on the announcement of investiga- A Schiff spokesman dismissed Gohmert’s peached.3 The evidence before us establishes tions. During the July 25 phone call, Trump allegation. that President Trump has committed the stated that it was ‘‘very important’’ that ‘‘These allegations about our dedicated and crime of bribery as it existed at the time of Zelensky open these investigations.18 Over professional staff members are patently false the framers and now. Therefore, even using several months, Trump and Rudy Giuliani and are based off false smears from a con- the President’s own standard, the Senate has had made repeated public statements about gressional staffer with a personal vendetta no choice but to convict. how important they thought the investiga- from a previous job,’’ said Patrick Boland, The evidence shows that the President so- tions were. Since at least April, 2017, Presi- spokesman for the House Intelligence Com- licited interference in the 2020 election for dent Trump has been publicly promoting the mittee. ‘‘It’s shocking that members of Con- his own benefit by pressuring Ukraine to an- debunked conspiracy theory that a Cali- gress would repeat them and other false con- nounce an investigation into his political op- fornia-based cybersecurity company, spiracy theories, rather than focusing on the ponents in return for releasing nearly $400 CrowdStrike, worked with the Democratic facts of the president’s misconduct.’’ million in taxpayer-funded military aid National Committee to fabricate evidence Boland declined to identify ‘‘the congres- Ukraine desperately needed, as well as a that Russia interfered in the 2016 election sional staffer with a personal vendetta.’’ meeting with President Zelensky at the and hide the proof of their actions in Schiff has maintained in open hearings and White House. He sought, indeed demanded, a Ukraine. Rudy Giuliani, the President’s per- interviews that he did not personally speak personal benefit in exchange for an official sonal attorney, has been promoting a con- with the whistleblower and still does not act. spiracy theory about Joe and Hunter Biden Section 201 of Title 18 of the U.S. Code even know his identity, which would mean since at least January, 2019.19 Days after criminalizes ‘‘bribery of public officials and the intelligence panel’s senior staff has with- Zelensky was elected, Trump stated on air witnesses.’’ A public official is guilty under held his name from their chairman for al- that he would be directing Attorney General this section when they seek ‘‘anything of most six months. Still, he insists that he Barr to ‘‘look into’’ the CrowdStrike con- value’’ in exchange for any ‘‘official act’’ and knows that the CIA analyst has ‘‘acted in spiracy theory.20 In May, 2019, Rudy Giuliani, do so with corrupt intent. The code even good faith,’’ as well as ‘‘appropriately and with the knowledge and consent of President specifies that punishment for this crime may lawfully.’’ Trump and acting on the President’s be- include disqualification ‘‘from holding any The CIA declined comment. But the agency half,21 planned to travel to Ukraine to ask office of honor, trust, or profit under the reportedly has taken security measures to for these investigations, which he said would United States.’’ 4 protect the analyst, who has continued to be ‘‘very, very helpful to my client, and may work on issues relating to Russia and A. The requested investigations constitute turn out to be helpful to my government.’’ 22 Ukraine and participate in interagency ‘‘things of value’’ On July 10, top Ukrainian officials met with meetings. The investigations that President Trump Energy Secretary Perry, John Bolton, Kurt Mr. BLUMENTHAL. Mr. President, I requested into his political enemies and to Volker, and Ambassador Sondland at the ask unanimous consent to have a state- undermine claims that Russia illegally White House where Sondland made clear helped him get elected are clearly ‘‘things of ment I prepared concerning the im- that an official White House visit with value.’’ 5 By all accounts, he was obsessed Zelensky was important to the President.23 peachment trial be printed in the with them. According to multiple reports, Further, the electoral value to President RECORD. Trump cared more about the investigations Trump of investigations that would smear There being no objection, the mate- than he did about defending Ukraine from Joe Biden and the DNC while casting doubt rial was ordered to be printed in the Russia. Ambassador Gordon Sondland even on Russian interference in the 2016 election RECORD, as follows: testified that the President ‘‘doesn’t give a is obvious. President Trump was elected in a s**t’’ about Ukraine and only cares about shocking and narrow victory after polls SENATOR RICHARD BLUMENTHAL—STATEMENT ‘‘big stuff’’ like the announcement of the in- showed him trailing his opponent until offi- FOR THE RECORD vestigations he requested.6 cials announced that she was under inves- IMPEACHMENT TRIAL OF DONALD JOHN TRUMP Courts have consistently applied a broad tigation.24 The announcement of an inves- The case for impeachment presented by the and subjective understanding of the phrase tigation into his political opponents clearly House managers is overwhelming. Donald ‘‘anything of value.’’ All that matters is that had tremendous value to him personally. Trump held taxpayer-funded military aid the bribe had value in the eyes of the official The President’s counsels claim that Trump hostage from an ally at war while demanding accepting or soliciting it. The Second Circuit demanded investigations of his political a personal, political favor. He tried to cheat, has determined that ‘‘anything of value’’ in- rival as part of a perfectly legitimate anti-

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.059 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S926 CONGRESSIONAL RECORD — SENATE February 5, 2020 corruption effort. In short, they want the knew that his conspiracy theories could not further explains that, ordinarily, this ‘‘bad Senate to leave our common sense at the withstand scrutiny and he set out to cir- purpose’’ is ‘‘a hope or expectation of either door. At least four undisputed facts deci- cumvent law enforcement officials. They financial gain or other benefit to one’s self, sively disprove the claim that President were solely intended to serve Trump’s per- or some aid or profit or benefit to an- Trump’s actions were motivated by the pub- sonal, political interests. other.’’44 In other words, the intent merely lic interest and not his own. Finally, as the American Intelligence Com- to be influenced in the way prohibited by the First, as one of my colleagues has put it,25 munity has unanimously concluded,33 the bribery statute itself is sufficient to find it ‘‘strains credulity’’ to suggest that Presi- CrowdStrike conspiracy is not supported by that the defendant acted ‘‘corruptly.’’ dent Trump was pursuing the public interest any evidence. It is difficult to fathom how Further, the Supreme Court unanimously and not his political benefit when the only propagating Russian-generated propaganda held in 2016 that the quid pro quo demand corruption investigations he could think to that implicates American public figures and ‘‘need not be explicit,’’ the official ‘‘need not demand involved his political opponents.26 companies is in the national interest of the specify the means that he will use to perform President Trump’s counsel have claimed United States. Even if his motives were his end of the bargain,’’ nor must the official throughout this trial that the President be- mixed, and he cared peripherally about cor- actually intend to follow through for a pros- lieved corruption in Ukraine to be wide- ruption generally, his predominant goal was ecutor to succeed in making her case that spread. Yet he did not suggest a single inves- to smear a political opponent. the defendant is guilty of bribery.45 In a Sev- tigation or programmatic action other than B. The release of the hold on military aid enth Circuit case, the court made clear that the two investigations of his political rivals. and the promised White House visit con- the context of a communication can be de- Second, President Trump did not actually stitute ‘‘official acts’’ terminative: evidence of a quid pro quo can want Ukraine to conduct the investigations emerge from ‘‘the often clandestine atmos- he only wanted Zelensky to announce them.27 The two acts the President agreed to perform—releasing the hold on military aid and phere of corruption with a simple wink and If he really did want to get to the bottom of a nod if the surrounding circumstances make a legitimate concern, a public announcement setting up an official White House meeting with Zelensky—constitute ‘‘official acts.’’ it clear that something of value will pass to of the investigation would not further that a public official if he takes improper, or interest. Any good investigator knows that, The bribery statute defines ‘‘official act’’ broadly to include ‘‘any decision or action on withholds proper, action.’’ 46 While the de- if you actually want to get to the truth, you fendant in that case never made an explicit do not prematurely tip off the subject of the any question, matter, cause, suit, proceeding offer and never relayed a specific amount of investigation. Indeed, federal prosecutors are or controversy, which may at any time be money, the court nonetheless upheld his con- instructed to not even ‘‘respond to questions pending, or which may by law be brought be- viction for bribery.47 about the existence of an ongoing investiga- fore any public official, in such official’s offi- Trump’s actions clearly qualify as a quid tion or comment on its nature or progress cial capacity, or in such official’s place of pro quo. Less than a month prior to this before charges are publicly filed.’’ 28 While trust or profit.’’ 34 Military assistance and an phone call, President Trump had put a hold announcing the investigations could only official White House visit were within his on hundreds of millions of dollars in military harm any legitimate law enforcement objec- control only because of his tenure in elective aid to Ukraine and had previously set in motive, it would obviously benefit President office. In fact, both receiving foreign dig- tion, but not committed to, an official White Trump’s political goals. nitaries and providing foreign assistance are House visit with Ukraine’s new president, Third, President Trump never sought the in the President’s official, constitutional job Volodomyr Zelensky. When Trump and investigations through ordinary, official description.35 Zelensky spoke on July 25, Trump set the channels, or if he did seek them the Justice Actions authorized by statute, such as the terms of the conversation by making clear Department declined to pursue them. If ones President Trump took here, are particu- 36 that he felt Ukraine owed him for America’s President Trump wanted bona fide investiga- larly clear examples of official acts. Con- generosity. And as soon as Zelensky mentions, as opposed to politically-motivated gress has specifically authorized, and cir- tioned that Ukraine was interested in receiv- announcements, he would have charged the cumscribed, the President’s ability to award ing American anti-tank missiles, the Presi- Department of Justice with conducting an military assistance to foreign countries. dent immediately stated that he would like official investigation, and the Department This process has been codified since the early Zelensky to ‘‘do us a favor though,’’ and ex- would have sought cooperation from the 1960s, and there is an enormous federal appa- plicitly asked Zelensky to investigate the Ukrainian government through the U.S.- ratus devoted to evaluating the needs of for- Biden conspiracy theory and alleged Ukrain- Ukraine Mutual Legal Assistance Treaty eign nations, how those needs intersect with ian interference in the 2016 election. As soon (MLAT). Legitimate requests made pursuant legitimate U.S. foreign policy interests, and as Zelensky appeared to agree to open the re- to an MLAT allow DOJ to take testimony, how to award foreign aid in line with those 37 quested investigations, Trump almost imme- obtain records, locate persons, serve docu- interests. Further, when the President diately assured the Ukrainian President that ments, transfer persons into U.S. custody, placed a hold on the aid, he was acting on be- ‘‘whenever you would like to come to the execute searches and seizures, freeze assets, half of the United States, not in his personal White House, feel free to call.’’ 48 Text mes- and engage in any other lawful actions that capacity. It defies reason to argue that the sages sent by Special Envoy Volker indicate the state can take.29 Trump claims that he President’s decision to award, or fail to exe- that it had also been made clear to the just wanted to root out criminality and cor- cute, a foreign aid determination is not an Ukrainians prior to the call that the official ruption. But he did not ask domestic U.S. ‘‘official act’’ under the bribery statute. White House visit was also conditioned upon law enforcement to look into the matter; to Similarly, an official White House meeting Zelensky complying with Trump’s request date, there is no criminal investigation of is an ‘‘official act’’ because the President is 38 for these investigations.49 Gordon Sondland, Hunter Biden. Instead, Trump tried to coerce specifically ‘‘assigned by law’’ —in both the the American ambassador to the EU, testi- a foreign government to investigate a U.S. cit- Constitution and numerous statutes—with fied that the President’s proposal to lift the izen without any formal coordination with receiving representatives from foreign gov- 39 hold in exchange for the investigations was the U.S. Justice Department. In other words, ernments. Indeed, the authority to receive as clear as ‘‘two plus two equals four.’’ 50 there was not a sufficient basis for a bona ambassadors and recognize foreign govern- Trump’s acting Chief of Staff, Mick fide, domestic criminal investigation, so ments is considered so core to the office of Mulvaney, confessed during a press con- Trump had to go elsewhere. The fact that the President that the Supreme Court has 40 ference that there was a quid pro quo ex- Trump asked a foreign government to inves- struck down statutes that interfere with it. change and suggested that the public should tigate Hunter Biden is not evidence that he C. The President corruptly sought a quid pro just ‘‘get over it.’’ 51 cared about corruption; it is evidence that he quo The implication of Trump’s message to was engaged in corruption. President Trump made an agreement with Zelensky on the July 25 phone call is that In fact, Ukraine ultimately resisted Presi- the specific intent to be influenced in his de- Trump would not lift the hold or have the dent Trump’s requests for investigations pre- cision whether to lift the hold on the mili- White House meeting unless Zelensky cisely because the President had failed to tary aid and to host a White House meeting. opened the requested investigations. The ob- rely on the usual channels used to prevent In United States v. Sun-Diamond Growers of vious political value to the President of political interference with law enforce- California, the Supreme Court held that a opening these investigations constitutes suf- ment.30 If Trump actually wanted a legiti- bribe made or solicited ‘‘in return for’’ an of- ficient grounds for a jury to determine that mate investigation, and wanted to ensure ficial act entails an exchange, a quid pro he had a ‘‘bad motive’’ in making this re- that DOJ would be privy to relevant infor- quo.41 In a seminal case, the D.C. Circuit rea- quest. Trump is guilty of quid pro quo brib- mation, he would have sought formal assist- soned that the term ‘‘corruptly’’ means that ery. ance through the U.S.-Ukraine MLAT. DOJ the official act would not be undertaken (or has confirmed that he did no such thing.31 undertaken in a particular way) without the D. Trump’s defenses are not persuasive Instead, President Trump acted through his thing of value.42 Trump attempts to absolve his behavior by personal attorney, Rudy Giuliani, a man who Department of Justice guidance on the arguing that his subjective intent is irrele- made clear that he was duty bound to pursue issue, citing the standard jury instructions vant to whether he committed an impeach- his boss’s personal interests and not those of that numerous courts have upheld, indicates able offense, that there is no quid pro quo be- the public.32 The only reasonable explanation that ‘‘corruptly’’ denotes ‘‘nothing more cause Ukraine never announced the infamous for the President’s decision to completely than . . . acting ‘with bad purpose’ to investigations, and that, even if he did com- bypass the Justice Department is that he achieve some unlawful end.’’ 43 The guidance mit a quid pro quo, he cannot be impeached

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.037 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S927 because the articles do not accuse him of We know from the memorandum of the proof of a crime—is simply untenable. By bribery. Even setting aside that these de- July 25 phone call, from Volker and Trump’s flawed logic, if he had been im- fenses ignore the fact that Trump still has Sondland’s texts, and from Sondland’s testi- peached for ‘‘shooting someone on Fifth Ave- not held a White House meeting with mony that Trump had agreed to lift the hold nue,’’ he could not be removed for ‘‘murder’’ Zelensky, these arguments are wholly and conduct the White House meeting in ex- unless that word was specifically included in unpersuasive in their own right. change for the investigations.61 We also the articles. We have not been called to sit in 1. Trump’s subjective intent is eminently know that there is additional evidence out judgment of the House of Representatives’ relevant there that speaks to the President’s commu- diction; we sit in judgment of the President’s Trump claims that his subjective intent is nications—both directly and through his actions—carefully and precisely described in irrelevant; that he cannot be impeached agents—with Ukraine regarding his illegal the articles of impeachment as a clear-cut based on the reasons for which he sought the scheme. We know, at the very least, of the case of bribery. investigations.52 This argument is specious existence of diplomatic cables from the II. The President’s unprecedented campaign to for at least three reasons. First, the two of- Ukrainian embassy about the hold on the obstruct access to relevant evidence compels fenses that the Constitution explicitly men- military assistance and communications us to conclude that the evidence is against tions as requiring removal from office—trea- with the State Department about the hold.62 him. son and bribery—hinge on the subjective rea- The head of the agency that placed the hold The House of Representatives has made a sons that the official acted. If the Com- on the military assistance has refused to re- very strong case that the President’s refusal mander-in-Chief orders the military to take spond to a lawful subpoena, under the in- to engage in any way with their investiga- certain actions with the purpose of bene- struction of the White House.63 As discussed tion is unlawful and constitutionally offen- fiting an enemy of the United States, then below, when a party fails to produce or ob- sive. But make no mistake—this conflict is the President has committed treason, even if structs access to relevant evidence, that fail- more than a dispute between the branches of the President generally has the authority to ure ‘‘gives rise to an inference that the evi- government. The House of Representatives command the armed forces. If the President dence is unfavorable to him.’’ 64 In this case, and a number of Senators have raised the vetoes a law because someone has paid him a although the evidence already presented alarm bells not for our own sake, but be- large bribe, then he has committed bribery, proves the crime of bribery, the Senate cause when the President hides from Con- even if the President generally has the au- should infer that the evidence that the exec- gress, he hides from the American people. thority to veto laws. When we are prohibited utive branch has hidden about these commu- The separation of powers does not exist to from scrutinizing the President’s reasons for nications would provide further evidence benefit members of Congress; it exists to acting, we lose the ability to protect our de- that Trump agreed to this illicit exchange. curb the excesses of enormously powerful mocracy from tyrants and traitors. 3. Senators must convict if they conclude government officials. Second, the President maintains that he that the President committed the crime of Throughout this entire ordeal—from the needs to have violated ‘‘established law’’ in bribery, whether or not the term ‘bribery’ moment the call transcript was improperly order to be impeached.53 Using the Presi- appears in the articles placed on a classified server 73 to the time dent’s own standard, then, in evaluating The first article of impeachment accuses when Trump threatened to unlawfully assert whether he violated the federal bribery stat- the President of ‘‘corruptly solicit[ing]’’ the executive privilege over any testimony re- ute, we must evaluate whether he acted with public announcement of investigations that quested by the Senate 74—the President has corrupt intent. If the President wants to be were in his ‘‘personal political benefit,’’ in sought to keep his illegal scheme secret from scrutinized using the standards of the federal exchange for ‘‘two official acts.’’ 65 In re- the very people the scheme was designed to criminal code, then he must concede that his sponse to questions from Senators, Trump’s manipulate: the American electorate. subjective intent is at issue. counsel has argued that because the article Indeed, the withholding of aid itself was Third, even if Trump had other reasons for did not explicitly refer to the crime of brib- concealed, unlike with other similar pauses releasing the aid, it was still a crime for him ery, Trump was provided inadequate notice. or suspensions of military assistance. to even ask for the investigations. Section This argument is absurd. The law and historical precedent are 201(c) of Title 18 prohibits public officials Trump has received plenty of notice that clear—when the President stifles Congress’ from demanding anything of value ‘‘for or he stands accused of bribery. Trump’s ac- investigative authority, whether during an because of any official act.’’ 54 The courts tions, as described in the article, clearly impeachment inquiry or when Congress is have been clear that even if the official act align with the elements of the federal crime exercising its broader mandate to inves- ‘‘might have been done without’’ the bribe, of bribery: he solicited a thing of value in ex- tigate the executive branch, he has exceeded the defendant is still guilty under section change for official acts and did so with cor- the bounds of the law. Because Trump has 55 201(c). Even if Trump never actually in- rupt intent.66 Further, the House Judiciary flouted congressional inquiry in such a bra- tended to maintain a hold on the aid, even if Committee report adeptly explained why the zen and unhinged manner, this violation he decided to release the aid for entirely le- President is guilty of bribery under the alone requires us to vote to remove him from gitimate reasons, the fact that he requested criminal code.67 Lawmakers have been dis- office. the investigations as a ‘‘favor’’ 56—because of cussing the President’s misdeeds in terms of Separately, this egregious campaign of ob- fuscation strengthens the case against the how generous the President was in agreeing bribery for months now.68 His lack of a de- to conduct a White House visit or lifting the fense is due not to lack of notice but to lack President for abuse of power. As a matter of hold on the military aid—means that the of facts. law, when a party to a case improperly with- President committed a crime. The historical record confirms the com- holds relevant evidence, courts can instruct Even if a legislator would have voted for a mon sense notion that the articles need not juries to make an adverse inference—to as- piece of legislation because he thinks it is in name specific crimes. In 1974, the House Ju- sume that the evidence would be unfavorable the public interest, he still commits bribery diciary Committee approved three articles of to the withholding party. In this case, if he takes a payoff to do it. As the courts impeachment against President Nixon, none Trump has withheld every single piece of evi- have made clear, an illegal bribe under this of which referenced any provisions of any dence that the House requested. The facts be- section may take the form of ‘‘a reward criminal code.69 Many of my colleagues were fore us confirm the underlying logic of the [. . .] for a past act that has already been presented with similarly drafted articles of adverse inference rule—that when a party 57 taken.’’ Thus, the fact that the President impeachment against Judge Porteous in 2010. hides something, it is because they have continued to ask for the investigations after In that instance, the House adopted four ar- something to hide. Applying that rule here, 58 the hold was finally released does not ab- ticles of impeachment, none of which explic- the already overwhelming evidence against solve him; it further incriminates him. itly referenced the criminal code.70 The first Trump becomes an avalanche. 2. Trump completed his crime the moment article described conduct that amounts to A. Trump’s obstruction requires us to infer he solicited the bribe bribery—claiming that Judge Porteous ‘‘so- that all the evidence is against him, which It is undisputed that the President, either licited and accepted things of value’’ in ex- only strengthens the case for removal for directly or indirectly, demanded investiga- change for ruling in favor of a particular abuse of power tions into Joe Biden and a conspiracy theory party—but never used the term ‘‘bribe’’ or It is a long-established rule of law that involving the Democratic National Com- mentioned the federal bribery statute.71 The when a party ‘‘has relevant evidence within mittee. The President’s only response is that Senate unanimously convicted Judge his control which he fails to produce, that he cannot be liable because he did not re- Porteous on this article and voted to forever failure gives rise to an inference that the ceive what he requested. Under federal law, disqualify him from holding office.72 No one evidence is unfavorable to him.’’ 75 Impor- however, a corrupt official need not receive seriously entertained the notice argument tantly, this rule applies even in the absence the benefit he demands or perform the offi- then, and there is no good reason to do so of a subpoena and, in fact, ‘‘the willingness cial acts in question; ‘‘it is enough that the now. This bad faith defense is a red herring, of a party to defy a subpoena in order to sup- official agreed to do so.’’ 59 It is the solicita- and we must not let it distract us from the press the evidence strengthens the force of the tion of a private benefit in and of itself that issue before us: the President’s crimes. preexisting inference,’’ because in that sce- constitutes the crime.60 All a prosecutor Trump’s claim that he cannot be removed nario ‘‘it can hardly be doubted he has some would have to demonstrate is that the Presi- for a crime unless the crime is specifically good reason for his insistence on suppres- dent made an agreement or offer to exchange mentioned in the articles of impeachment— sion.’’ 76 Indeed, the courts have recognized official acts for a thing of value. coupled with his claim that there must be that the adverse inference rule is essential to

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.038 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S928 CONGRESSIONAL RECORD — SENATE February 5, 2020 prevent intransigent parties from abusing rials’’ and bragged about how he had kept sits in judgment of the Senate. By failing to ‘‘costly and time consuming’’ court pro- them from Congress.84 We cannot let this remove Trump from office, we will have ceedings to subvert their legal duty to gleeful boast stand without inferring that failed our country. produce relevant evidence.77 The Supreme the materials in question speak to Trump’s ENDNOTES Court has specifically applied this rule guilt. 1. U.S. CONST. art. II. § 4 (‘‘The President against a party who selectively provided Second, as the House managers repeatedly [. . .] shall be removed from Office on Im- weak evidence and failed to allow those per- cautioned us would happen, the evidence peachment for, and Conviction of, Treason, sons with the most relevant knowledge to that Trump has been hiding has started to Bribery, or other high Crimes and Mis- testify, noting that ‘‘the production of weak come out. And each newly revealed tape or demeanors’’). evidence when strong is available can lead record has been unfavorable to the Presi- 2. See generally, JARED P. COLE & TODD only to the conclusion that the strong would dent’s case. The assumption that the law GARVEY, CONG. RES. SERV., R44260, IMPEACH- have been adverse.’’ 78 As the Court put it, in compels us to make about the contents of MENT AND REMOVAL (2015); see also Paul circumstances like this, ‘‘silence then be- these materials—that they demonstrate the Leblanc, Democrats Play 1999 Video of Lindsey comes evidence of the most convincing char- President’s guilt—is confirmed each and Graham Talking About Impeachment to Bolster acter.’’ 79 every time they come out into the light. Case Against Trump, CNN, Jan. 23, 2020, avail- We know that the Trump administration Most damning has been the leak of a draft of able at https://www.cnn.com/2020/01/23/politics/ has relevant evidence that it refuses to John Bolton’s forthcoming book, which con- impeachment-managers-lindsey-graham-video/ produce. As an initial matter, the President firms that the President ‘‘told his national index.html (quoting then-Representative Gra- has failed to comply with a single request security adviser in August that he wanted to ham’s statement during the Clinton im- from the House of Representatives, and, fol- continue freezing $391 million in security as- peachment that an impeachable offense lowing the President’s orders, the White sistance to Ukraine until officials there ‘‘[d]oesn’t even have to be a crime. It’s just House, the office of the Vice President, the helped with investigations into Democrats when you start using your office and you’re Office of Management and Budget, the State including the Bidens,’’ as well as details acting in a way that hurts people, you have Department, the Department of Defense, and about the involvement of various senior cab- committed a high crime’’); Steven J. Harper, the Department of Energy refused to produce inet officials in Trump’s illegal scheme.85 Why Did Alan Dershowitz Say Yes to Trump?, a single document in response to 71 specific And this is only the most recent revelation N.Y. TIMES, Jan. 22, 2020, available at https:// requests issued by the House of Representa- in a rapidly growing series of records that www.nytimes.com/2020/01/22/opinion/alan- tives.80 have come to light. On January 14, 2020, Lev dershowitz-impeachment.html (quoting Alan But we also know of specific pieces of evi- Parnas, a former associate of Rudy Giuliani, Dershowitz’s 1998 comments regarding the dence that go to the heart of the House’s released documents which demonstrate both Clinton impeachment that ‘‘[i]t certainly case and that Trump is concealing. Mark that the President was orchestrating a deal doesn’t have to be a crime if you have some- Sandy testified that in August, OMB pro- to get Zelensky to ‘‘announce that the Biden body who completely corrupts the office of duced a memorandum recommending that case will be investigated,’’ and that Marie president and who abuses trust and who the President’s hold on the Ukraine military Yovanovitch was the subject of an illegal in- poses great danger to our liberty. You don’t assistance be released.81 William Taylor tes- timidation campaign.86 On January 25, 2020, need a technical crime. We look at their acts tified that on August 29, he sent a first per- a tape from April, 2018 was publicly released of state. We look at how they conduct the son cable to Secretary Pompeo, relaying his of a private dinner with top donors where foreign policy. We look at whether they try to subvert the Constitution’’). concerns about the ‘‘folly I saw in with- Trump is heard yelling: ‘‘Get rid of her! Get 3. U.S. CONST. art. II § 4. holding military aid to Ukraine at a time her out tomorrow. I don’t care. Get her out 4. 18 U.S.C. § 201(b). when hostilities were still active in the east tomorrow. Take her out. Okay? Do it,’’ in 5. The President does not contest that he is and when Russia was watching closely to reference to Ambassador Yovanovitch.87 The a ‘‘public official,’’ and the law confirms that gauge the level of American support for the President is also heard specifically asking it would be foolish to claim otherwise. The Ukrainian Government.’’ 82 Mr. Taylor also how long Ukraine would last in a war against courts have found that a wide array of offi- testified that he had exchanged WhatsApp Russia absent U.S. support—in other words, cials are subject to the bribery statute: from messages with Ambassadors Volker and inquiring how much Ukraine is at the mercy a cook at a federal prison, U.S. v. Baymon, Sondland as well as with Ukrainian officials. of the United States.88 Not only does this 312 F. 3d 725, 728 (5th Cir. 2002), to a private The White House has refused to release any tape provide further evidence of a coordi- in the United States army, U.S. v. Kidd, 734 of these documents. We therefore must infer nated campaign against the Ambassador; it F. 2d 409, 411–12 (9th Cir. 1984), to a housing that they demonstrate that there was no also undermines ‘‘earlier defenses by the eligibility technician employed by an inde- interagency process to review the best use of White House that Trump wasn’t aware of pendent public corporation, U.S. v. Hang, 75 the funds—that this rationale was pre-tex- what was taking place in the early phase of F. 3d 1275, 1280 (8th Cir. 1996). It would defy tual. the Ukraine affair.’’ 89 This tape suggests reason to argue that a cook at a federal pris- The White House maintains that Ukraine that Trump not only knew about the on is a public official but the President of was not even aware of the hold on the mili- Ukraine affair, but also that ‘‘he may have the United States is not. tary assistance until after it was reported on been directing events’’ as early as April 6. Tom Porter, Ambassador Sondland Said publicly. But we have testimony to the con- 2018.90 Trump Doesn’t ‘Give a S—’ about Ukraine Ex- trary—testimony that includes reference to The steady drip of damning evidence leak- cept When it Benefits Him Personally, Official specific documents that the President is ing from the President’s associates, com- Testifies, BUSINESS INSIDER, Nov. 19, 2019, withholding. Laura K. Cooper, the American bined with Trump’s own public confession to available at https://www.businessinsider.com/ deputy assistant secretary of defense for concealing relevant evidence, compels us to sondland-said-trump-doesnt-give-a-s-about- Russia, Ukraine and Eurasia, testified that conclude what the law already instructs us ukraine-official-2019-11. This attitude to her staff received two emails on July 25th to infer: that the mountain of evidence Ukraine is amplified by a statement made by that directly undermine Trump’s claim. The Trump is hiding proves his guilt. Secretary of State Pompeo, who has refused first, received at 2:31 PM, stated that the Conclusion to testify before the House of Representa- Ukrainian embassy was asking about the se- tives, when he recently asked a NPR polit- It is clear to me that Trump is guilty of curity assistance. The second, received at ical reporter whether she thought Americans bribery and that his campaign to obstruct 4:25 PM, stated that the Ukrainian embassy gave a [expletive] about Ukraine. Mary Lou- any investigation into his wrongdoing only knew that the foreign military financing as- ise Kelly, Encore: NPR’s Full Interview with strengthens the case against him. Trump’s sistance had been held up.83 At the behest of Secretary of State Mike Pompeo, NPR, Jan. 25, actions require us to vote to remove him President Trump, the State Department has 2020, available at https://www.npr.org/2020/01/ from office. When the Framers included the not released these emails. Unless and until 25/799470712/encore-nprs-full-interview-with-sec- impeachment power in the Constitution, the administration produces these docu- retary-of-state-mike-pompeo. they knew that there would be a presidential ments and any others bearing on when 7. United States v. Williams, 705. F2d. 603, election every four years—and they also Ukraine first learned about the hold, we 602–23 (2d Cir. 1983) (‘‘Corruption of office oc- knew that this was an insufficient check should assume that they demonstrate that curs when the officeholder agrees to misuse against a President who abuses the power of Ukraine knew about the hold when Trump his office in the expectation of gain, whether his office to cheat his way to re-election. spoke to Zelensky on July 25. or not he has correctly assessed the worth of Trump’s misdeeds are a case study in the the bribe.’’). B. THE EVIDENCE THAT HAS EMERGED DESPITE need for impeachment. 8. U.S. v. Gorman, 807 F.2d 1299, 1304–05 (6th TRUMP’S INTRANSIGENCE HAS ONLY BOL- Throughout the impeachment trial, I have Cir. 1986) (explaining that ‘‘anything of STERED THE CASE AGAINST HIM been moved by the grave moral purpose that value’’ should be ‘‘broadly construed’’ with a Based on the above analysis alone, the the Senate is charged with pursuing—of sus- ‘‘focus . . . on the value which the defendant Senate is more than entitled to infer that taining America as an idea, of our Constitu- subjectively attaches to the items re- the mountain of evidence that Trump is tion as a living document that gives sub- ceived’’). withholding would demonstrate his guilt. stance to our identity as the world’s leading 9. U.S. v. Renzi, 769 F.3d 731, 744 (8th Cir. But two further points compel us to make democracy. As we sit in judgment of a Presi- 2014) (citing Williams and Gorman in explain- such an inference. First, Trump confessed on dent who has demonstrated nothing but con- ing importance of subjective test for ‘‘any- national television to having ‘‘all the mate- tempt for our laws and our values, history thing of value’’).

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.040 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S929 10. Gorman, 807 F. 2d 1299 at 1299. mitted to make public statements about on- 201(c), the thing of value need not be a rea- 11. Williams, 7 F. Supp. 2d 40 at 52–51. going investigations, such as when necessary son that the official performed the act at all. 12. U.S. v. Menendez, 132 F. Supp. 3d 635 to ensure public safety. See infra 14–15. (D.N.J. 2015); see Citizens United v. Fed. 29. Treaty of Mutual Legal Assistance, 43. DEPARTMENT OF JUSTICE, CRIMINAL RE- Election Comm’n, 558 U.S. 310, 357 (2010) Ukraine-U.S., art. 1 cl.2, July 22, 1998, SOURCE MANUAL, 834. INTENT OF THE PARTIES, (‘‘The absence of prearrangement and coordi- T.I.A.S. No. 12978. available at https://www.justice.gov/jm/ nation of an expenditure with the candidate 30. 3The Trump-Ukraine Impeachment In- criminal-resource-manual-834-intent-parties. or his agent [. . .] undermines the value of quiry Report: Report for the H. Perm. Select 44. Id. the expenditure to the candidate,’’ and Comm. On Intelligence Pursuant to H. Res. 45. McDonnell, 136 S. Ct. at 2371. therefore the government was not justified 660 in Consultation with the H. Comm. On 46. United States v. Synowiec, 333 F. 3d 786, 789 (7th Cir. 2003). in placing limits on independent expendi- Oversight and Reform and the H. Comm. On 47. Id. at 789–90. Foreign Affairs at 122, 116th Cong. (2019). tures.)(internal citations and quotations 48. MEMORANDUM OF TELEPHONE CONVERSA- 31. DEPARTMENT OF JUSTICE, STATEMENT, omitted). TION, supra n. 21 at 5. 13. U.S. v. Sheker, 618 F. 2d 607, 609 (9th Cir. Sept. 25, 2019 (‘‘The President has not asked 49. Charlie Savage & Josh Williams, Read 1980); the Attorney General to contact Ukraine— the Text Messages Between U.S. and Ukrainian 14. U.S. v. Girard, 601 F. 2d 69, 70 (2d Cir. on this or any other matter. The Attorney Officials, N.Y. TIMES, Oct. 4, 2019, available 1979). General has not communicated with at https://www.nytimes.com/interactive/2019/ 15. U.S. v. Zouras, 497 F. 2d 1115, 1121 (7th Ukraine—on this or any other subject.’’) 10/04/us/politics/ukraine-text-messages- Cir. 1974). 32. e Kenneth P. Vogel, Rudy Giuliani Plans volker.html. 16. Sheker, 618 F. 2d at 609. Ukraine Trip to Push for Inquiries that Could 50. Lisa Mascare, Mary Clare Jalonick & 17. U.S. v. Williams, D.D.C.1998, 7 F.Supp.2d Help Trump, N.Y. Times, May 9, 2019, avail- Eric Tucker, Watch: Ambassador Gordon 40, vacated in part 240 F.3d 35, 345 able at https://www.nytimes.com/2019/05/09/us/ Sondland Testifies Trump Directed Ukraine U.S.App.D.C. 111 (emphasis added). politics/giuliani-ukraine-trump.html Quid Pro Quo, ASSOCIATED PRESS, Nov. 19, 18. MEMORANDUM OF TELEPHONE CONVERSA- (quoting Giuliani, in response to questions 2019, available at https://www.wgbh.org/news/ TION: TELEPHONE CONVERSATION WITH PRESI- about his travel to Ukraine, noting that national-news/2019/11/19/watch-live-eu-ambas- DENT ZELENSKY OF UKRAINE 3 (July 25, 2019). ‘‘this isn’t foreign policy—I’m asking them sador-gordon-sondland-2-others-testify-on- 19. Ryan Lucas, House Committees Subpoena to do an investigation [. . .] because that in- day-4-of-impeachment-hearings. Rudy Giuliani in Impeachment Inquiry, NPR, formation will be very, very helpful to my cli- 51. Jessica Taylor, ‘Get Over It’: Politics is Oct. 1, 2019, available at https://www.npr.org/ ent [Donald Trump], and may turn out to be Part of Foreign Policy, Mulvaney Says, 2019/10/01/765986709/house-committees- helpful to my government.’’) (emphasis NPR, Oct. 17, 2019, available at https:// subpoenae-rudy-giuliani-in-impeachment-in- added). www.npr.org/2019/10/17/770979659/watch-white- quiry. 33. Miles Parks & Brian Naylor, Trump Did house-holds-now-rare-press-briefing-amid- 20. Tamara Keith, Trump, Ukraine and the ‘Nothing Wrong,’ His Legal Team Says in First impeachment-syria-conflicts. Path to the Impeachment Inquiry: A Timeline, Day of Impeachment Defense, NPR, Jan. 25, 52. See Trial Memorandum of President NPR, Oct. 12, 2019, available at https:// 2020, available at https://www.npr.org/2020/01/ Donald J. Trump at 27–28 (Jan. 20, 2020) (re- www.npr.org/2019/10/12/768935251/trump- 25/797321065/president-trumps-legal-team-to- butting ‘‘radical claim that a President can ukraine-and-the-path-to-the-impeachment- begin-impeachment-defense?utm-source= be impeached and removed from office solely inquiry-a-timeline. twitter.com&utm-term=nprnews &utm- for doing something he is allowed to do, if he 21. chael Biesecker, Mary Clare Jalonick & campaign= npr&utm-medium= social did it for the ‘wrong’ subjective reasons [. . .] By eliminating any requirement for wrongful Eric Tucker, Giuliani Associate Names Trump, (‘‘American intelligence agencies have been conduct, House Democrats have tried to Pence, More in Ukraine Plan, ASSOCIATED unanimous in their assessment that it was make thinking the wrong thoughts an im- PRESS, Jan. 17, 2020, available at https:// Russia that interfered in the last presi- peachable offense’’) (emphasis in original). apnews.com/708b81d4c77 038eb0b751c 30f72ff315 dential race’’). (quoting letter from Giuliani requesting a 53. As discussed supra pp. 1–2, it is emi- 34. 18 U.S.C. § 201(a)(3). nently clear that the President need not meeting with Zelensky ‘‘as personal counsel 35. See U.S. CONST. art. II § 2 (The President have violated ‘‘established law’’ in order to to President Trump and with his knowledge ‘‘shall receive ambassadors and other public have committed an impeachable offense. and consent’’). ministers,’’); Zivotofsky ex rel. Zivotofsky v. 54. 18 U.S.C. § 201(c). 22. nneth P. Vogel, Rudy Giuliani Plans Kerry, 576 U.S. 1, 135 S. Ct. 2076, 2086 55. Brewster, 506 F. 2d at 72. Ukraine Trip to Push for Inquiries that Could (2015)(the Reception Clause ‘‘assigns the 56. MEMORANDUM OF TELEPHONE CONVERSA- Help Trump, N.Y. TIMES, May 9, 2019, avail- President means to effect recognition on his TION, supra n. 21 at 3. able at https://www.nytimes.com/2019/05/09/us/ own initiative’’). 57. Sun-Diamond Growers, 526 U.S. at 404. politics/giuliani-ukraine-trump.html. 36. Cf. U.S. v. Birdsall, 233 U.S. 223, 231 58. See Kevin Breuninger, Trump Says China 23. 3See Keith, Trump, supra n. 23. (1914) ([I]t is sufficient that [the act] was Should Investigate the Bidens, Doubles Down 24. Amy Chozick & Patrick Healy, ‘This governed by a lawful requirement of the exon Ukraine Probe, CNBC, Oct. 3, 2019, avail- Changes Everything’: Donald Trump Exults as ecutive department under whose authority able at https://www.cnbc.com/2019/10/03/ Hillary Clinton’s Team Scrambles, N.Y. Times, the officer was acting; and such requirement trump-calls-for-ukraine-china-to-inves- Oct. 28, 2016, available at https:// need not have been prescribed by a written tigate-the-bidens.html (quoting President www.nytimes.com/2016/10/29/us/politics/don- rule or regulation, but might also be found Trump, in response to question about what ald-trump-hillary-clinton.html. in an established usage which constituted he wanted Ukraine to do, stating that ‘‘[i]f 25. Benjamin Wood, Mitt Romney Says Ev- the common law of the department.’’). they were honest about it, they would start erybody Knows It ‘Is Wrong’ to Ask a Foreign 37. See MARIAN L. LAWSON & EMILY M. a major investigation into the Bidens’’). Government to Probe a Political Rival, Salt MORGENSTERN, CONG. RES. SERV., R40213, FOR- 59. McDonnell v. U.S. 136 S. Ct. 2355, 2371 (2016). Lake Tribune, Oct. 11, 2019, available at EIGN AID: AN INTRODUCTION TO U.S. PRO- 60. Id. at 2370–71 (2016); see also United https://www.sltrib.com/news/politics/2019/10/ GRAMS AND POLICY (2019). States v. Hawkins, 37 F. Supp. 3d 964 (N.D. 10/mitt-romney-says-he-hasnt/. Sen. Romney 38. McDonnell v. U.S., 136 S. Ct. 2355, 2373. Ill. 2014), aff’d in part, vacated in part on made this statement in regard to Trump’s The meetings that the Court considered in other grounds, remanded, 2015 WL 309520 (7th request, made live on national television, McDonnell are not comparable. Nowhere in Cir. 2015)(‘‘What is required to make the act that China investigate the Bidens. But the Virginia’s constitution or statutes is the corrupt is not an intent to take a specific ac- logic of the Senator’s claim applies with governor tasked with arranging meetings, tion, but the holding out of the performance equal force to Trump’s demand that Ukraine hosting parties, or engaging in unofficial of the duties of one’s office for sale.’’). investigate the Bidens. conversations with other government offi- 61. See supra pp. 12–13. 26. ile CrowdStrike is not actually a Trump cials. The Court took issue with a jury in- 62. Andrew E. Kramer, Ukraine Knew of Aid political opponent, Trump was accusing struction which stated that an official act Freeze in July, Says Ex-Top Official in Kyiv, them of conspiring with the Democratic Na- need not have been taken ‘‘pursuant to re- N.Y. TIMES, Dec. 3, 2019, available at https:// tional Committee and did not suggest any il- sponsibilities explicitly assigned by law,’’ www.nytimes.com/2019/12/03/world/europe/ legal conduct on their part unrelated to whereas the President’s actions here clearly ukraine-impeachment-military-aid.html; President Trump’s political past and future. are assigned by law. Transcript: Laura Cooper and David Hale’s 27. ck Beauchamp, Trump Didn’t Want an In- 39. See U.S. Const. art. II § 2 (The President Nov. 20 Testimony to House Intelligence Com- vestigation into Biden. He Wanted a Political ‘‘shall receive ambassadors and other public mittee, WASHINGTON POST, Nov. 20, 2019, Show., VOX, Nov. 20, 2019, available at https:// ministers’’); Zivotofsky, 135 S. Ct. at 2086 https://www.washingtonpost.com/politics/ www.vox.com/policy-and-politics/2019/11/20/ (2015)(the Reception Clause ‘‘assigns the 2019/11/20/transcript-laura-cooper-david- 20974201/gordon-sondland-impeachment-hear- President means to effect recognition on his hales-nov-testimony-house-intelligence-coming-testimony-biden-show-trump. own intiative’’); 22 U.S.C. § 2754; 22 U.S.C. mittee/. Any statement to the contrary by 28. 3See United States Attorneys’ Manual 1– § 2311(a). Zelensky is not reliable for the simple rea- 7.400—Disclosure of Information Concerning 40. See Zivotofsky 135 S. Ct. at 2096. son that Ukraine’s future depends on re- Ongoing Criminal, Civil, or Administrative 41. 526 U.S. 398, 404 (1999). maining in Trump’s good graces. As Cath- Investigations, 1997 WL 1944080. Only in spe- 42. U.S. v. Brewster, 506 F. 2d 62, 71 (D.C. erine Croft, who testified that the Ukrain- cial circumstances are U.S. attorneys per- Cir. 1974). In contrast, with a bribe under ians knew about the hold much earlier than

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.041 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S930 CONGRESSIONAL RECORD — SENATE February 5, 2020 she expected to, stated, the Ukrainians did 1956) (‘‘Unquestionably the failure of a de- the Constitution of the United States. not want the hold publicized because it fendant in a civil case to testify or offer Every U.S. Senator takes the same ‘‘would be a really big deal in Ukraine, and other evidence within his ability to produce oath. The Constitution makes clear an expression of declining U.S. support for and which would explain or rebut a case that no one is above the law, not even Ukraine.’’ Charlotte Butash, Summary of made by the other side may, in a proper case, the President of the United States. Catherine Croft’s Deposition Testimony, be considered as a circumstance against him Over the past 2 weeks, the Senate has LAWFARE, Nov. 16, 2019, available at and may raise a presumption that the evi- lawfareblog.com/summary-catherine-crofts- dence would not be favorable to his posi- heard overwhelming evidence showing deposition-testimony. tion.’’). that the President of the United 63. Peter Baker, Mulvaney Will Defy House 76. International Union, 459 F. 2d at 1338 States, Donald J. Trump, abused the Impeachment Subpoena, N.Y. TIMES, Nov. 12, (emphasis added). power of his office to pressure the 2019, available at https://www.nytimes.com/ 77. Id. at 1339. President of Ukraine to dig up dirt on 2019/11/12/us/politics/mulvaney-impeachment- 78. Interstate Circuit, 306 U.S. at 226. a political rival to help President subpoena.html. 79. Id. Trump in the next election. The Presi- 64. Interstate Circuit v. U.S., 306 U.S. 208, 80. Sharon Lafontaine, House Managers dent then executed an unprecedented 226 (1939); see infra Part II. Asks: Where are the Documents, N.Y. TIMES, 65. H. Res. 755, 116th Cong. § 1 (2019). Jan. 24, 2020, available at https:// campaign to cover up his actions, in- 66. 18 U.S.C. § 201(b); see supra pp. 2–13. www.nytimes.com/live/2020/impeachment- cluding a wholesale obstruction of 67. See Report of the H. Comm. on the Judici- trial-live-01-24. Congress’s effort to investigate his ary, Impeachment of Donald John Trump, 81. Jeff Stein & Josh Dawsey, In New Legal abuse of power. President of the United States at 120–26, 116th Memo, White House Budget Office Defends The Constitution gives the Senate Cong. (2019). Withholding Aid to Ukraine, WASHINGTON the sole power to conduct impeach- 68. See Patricia Zengerle, Karen Freifeld & POST, Dec. 12, 2019, available at https:// ment trials. A fair trial is one in which Richard Cowan, Pelso Says Trump Has Admit- www.washingtonpost.com/business/economy/ ted to Bribery as Impeachment Probe Intensi- Senators are allowed to see and hear in-new-legal-memo-white-house-budget-of- all of the relevant information needed fies, REUTERS, Nov. 14, 2019, available at fice-defends-withholding-aid-to-ukraine/2019/ https://www.reuters.com/article/us-usa- 12/11/0caa030e-1b95-11ea-826b- to evaluate the Articles of Impeach- trump-impeachment/pelosi-says-trump-has- 14ef38a0f45f_story.html. ment, including relevant witnesses and admitted-to-bribery-as-impeachment-probe- 82. Jeremy Herb & Manu Raju, Top US Dip- documents. The American people ex- intensifies-idUSKBN1XO1HD; Jessica Taylor, lomat Said John Bolton Opposed Call Between pected and deserved a fair trial, but Rep. Adam Schiff: Trump’s Potentially Im- Trump and Ukrainian President, CNN, Oct. 22, that is not what they got. Instead of peachable Offenses Include Bribery, NPR, Nov. 2019, available at https://www.cnn.com/poli- engaging in a pursuit for the truth, 12, 2019, available at https://www.npr.org/2019/ tics/live-news/impeachment-inquiry-10-22- Senate Republicans locked arms with 11/12/778380499/rep-adam-schiff-trumps-poten- 2019/h_a1a8938b60cfd525c6768fd7dc207e6d. tially-impeachable-offenses-include-bribery the President and refused to subpoena 83. Transcript: Laura Cooper and David a single witness or document. They (explaining that Rep. Schiff believes ‘‘there’s Hale’s Nov. 20 Testimony to House Intelligence a clear argument to be made that Trump Committee, WASHINGTON POST, Nov 20, 2019, even refused to allow the testimony of committed ‘bribery’ and ‘high crimes and available at https:// the President’s former National Secu- misdemeanors’—both explicitly outlined in www.washingtonpost.com/politics/2019/11/20/ rity Advisor, John Bolton, who pos- the Constitution as impeachable offenses— transcript-laura-cooper-david-hales-nov-tes- sesses direct evidence related to the when pressuring the Ukrainian government timony-house-intelligence-committee/. issues at the heart of the trial, even as to investigate former Vice President Joe 84. Peter Wade, Trump Brags About Con- more evidence continued to come to Biden’s son in exchange for long-promised cealing Impeachment Evidence: We Have All the light and as Bolton repeatedly volun- military aid’’); Sean Collins, A Republican Material, They Don’t, ROLLING STONE, Jan. 22, Memo Details the Party’s Impeachment Inquiry teered to share what he knows. 2020, available at https:// This trial boils down to one word: Defenses. They Aren’t Very Strong, VOX, Nov. www.rollingstone.com/politics/politics-news/ 12, 2019, available at https://www.vox.com/ trump-impeachment-evidence-we-have-all- corruption—the corruption of a Presi- policy-and-politics/2019/11/12/20961073/trump- the-material-they-dont-941140/. dent who has repeatedly put his inter- impeachment-hearings-republican-testi- 85. Maggie Haberman & Michael S. ests ahead of the interests of the Amer- mony-strategy (quoting Rep. Speier: ‘‘[t]he Schmidt, Trump Tied Ukraine Aid to Inquiries ican people and violated the Constitu- president broke the law. He went on a tele- He Sought, Bolton Book Says, N.Y. TIMES, Jan. tion in the process; the corruption of phone call with the president of Ukraine and 26, 2020, available at https:// this President’s political appointees, said ‘I have a favor, though,’ and then pro- www.nytimes.com/2020/01/26/us/politics/ including individuals like U.S. Ambas- ceeded to ask for an investigation of his trump-bolton-book-ukraine.html. sador to the European Union Gordon rival. And this is a very strong case of brib- 86. Greg Sargent, Four Big Takeaways from Sondland, who paid $1 million for an ery’’). the Explosive Lev Parnas Documents, WASH- 69. H. Doc. No. 109–153, Jurisdictional History INGTON POST, Jan. 15, 2020, available at ambassadorship; the corruption run- of the Judiciary Committee: The Committee and https://www.washingtonpost.com/opinions/ ning throughout our government that Impeachment, at 124–27. 2020/01/15/four-big-takeaways-explosive-lev- protects and defends the interests of 70. See H. Res. 1031, 111th Cong. (2010). parnas-documents/. the wealthy and powerful to the det- 71. Id. at § 1. 87. Rosalind S. Helderman, Tom Ham- riment of everyone else. 72. Jennifer Steinhauer, Senate, for Just the burger & Josh Dawsey, Listen: Trump Tells Americans have a right to hear and 8th Time, Votes to Oust a Federal Judge, N.Y. Associates to ‘Get Rid Of’ U.S. Ambassador to see information that further exposes TIMES, Dec. 8, 2010, available at https:// Ukraine, Washington Post, Jan. 25, 2020, www.nytimes.com/2010/12/09/us/politics/ the gravity of the President’s actions available at https:// and the unprecedented steps he and his 09judge.html. www.washingtonpost.com/politics/recording- 73. Carol D. Leonnig, Tom Hamburger, & of-trump-calling-for-yovanovitchs-ouster-ap- agents took to hide it from the Amer- Greg Miller, White House Lawyer Moved Tran- pears-to-corroborate-parnass-account/2020/01/ ican people. But more importantly, script of Trump Call to Classified Server after 24/77326098-3ed3-11ea-baca- Americans deserve to know that the Ukraine Adviser Raised Alarms, WASHINGTON eb7ace0a3455_story.html. President of the United States is using POST, Oct. 30, 2019, available at https:// 88. Josh Lederman, Trump Appears on Audio the power of his office to work in the www.washingtonpost.com/politics/white- to Demand Yovanovitch’s Ouster Without Nation’s interest, not his own personal house-lawyer-moved-transcript-of-trump- Knowing Her Name, NBC NEWS, Jan. 25, 2020, call-to-classified-server-after-ukraine-ad- interest. available at https://www.nbcnews.com/poli- I voted to convict and to remove the viser-raised-alarms/2019/10/30/ba0fbdb6-fb4e- tics/politics-news/trump-appears-audio-de- 11e9-8190-6be4deb56e01_story.html. President from office in order to stand mand-yovanovitch-s-ouster-without-know- up to the corruption that has per- 74. Jennifer Haberkorn, Trump Will Try to ing-her-n1123171. Block Bolton Impeachment Testimony; Senate to 89. Philip Ewing, Trump Impeachment meated this administration and that Get Case Next Week, Pelosi Says, L.A. TIMES, Recap: Dems Wrap With Exhortation to Act, was on full display with President Jan. 10, 2020, available at https:// NPR, Jan. 24, 2020, available at https:// Trump’s abuse of power and obstruc- www.latimes.com/politics/story/2020-01-10/ www.npr.org/2020/01/24/799426878/trump-im- tion of Congress. I will continue to call pelosi-trump-impeachment-case. peachment-recap-dems-wrap-with-exhor- out this corruption and fight to make 75. International Union, United Auto., tation-to-act. this government work not just for the Aerospace and Agr. Implement Workers of 90. Id. America (UAW) v. N.L.R.B., 459 F. 2d 1329, wealthy and well-connected but to 1336 (D.C. Cir. 1972) (noting that ‘‘this rule Ms. WARREN. Mr. President, when I make it work for everyone. can be traced as far back as 1722); United was elected to serve in the U.S. Senate, Mr. PETERS. Mr. President, I swore States v. Roberson, 233 F. 2d 517, 519 (5th Cir. I swore an oath to support and defend an oath to defend the Constitution

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.044 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S931 both as an officer in the U.S. Navy Re- The President’s conduct is unaccept- This betrayal is by definition a high serve and as a U.S. Senator. able for any official, let alone the lead- crime and misdemeanor. If it does not At the beginning of the impeachment er of our country. rise to the level of impeachment and trial, I swore an oath to keep an open Our Nation’s Founders feared un- removal, I am not sure what would. mind, listen carefully to the facts, and checked and unlimited power by the The Senate has a constitutional rein the end deliver impartial justice. President. They rebelled against an sponsibility to hold him accountable. After carefully listening to the argu- abusive monarch with unlimited power If we do not stand up and defend our ments presented by both House man- and instead created a republic that dis- democracy during this fragile period, agers and the President’s lawyers, I be- tributed power across different we will be allowing this President and lieve the facts are clear. branches of government. future Presidents to have unchecked President Trump stands accused by They were careful students of his- power. the House of Representatives of abus- tory; they knew unchecked power This is not what our Founders in- ing his power in an attempt to extort a would destroy a democratic republic. tended. The oath I swore to protect and foreign government to announce a They were especially fearful of an un- defend the Constitution demands that I trumped up investigation into a polit- checked Executive and specifically vote to preserve the future of our Re- ical rival and thereby put his personal granted Congress the power of im- public. I will faithfully execute my interest ahead of national security and peachment to check a President who oath and vote to hold this President the public trust. thought of themselves as above the accountable for his actions. The President illegally withheld con- law. Mr. COTTON. Mr. President, I will gressionally approved military aid to Two years ago, I had the privilege of soon join a majority of the Senate in an ally at war with Russia and condi- participating in an annual bipartisan voting down the Articles of Impeach- tioned its release on Ukraine making Senate tradition reading President ment brought against the President by an announcement the President could George Washington’s farewell address his partisan opponents. The time has use to falsely discredit a likely polit- on the Senate floor. come to end a spectacle that has ele- In that address, President Wash- ical opponent. vated the obsessions of Washington’s ington warned that unchecked power, When the President’s corrupt plan political class over the concerns and the rise of partisan factions, and for- was brought to light, the White House interests of the American people. eign influence, if left unchecked, would engaged in a systematic and unprece- This round of impeachment is just undermine our young Nation and allow dented effort to cover up the scheme. the latest Democratic scheme to bring for the rise of a demagogue. down the President. I say ‘‘this round’’ The President’s complete refusal to He warned that we could become so because House Democrats have tried to cooperate with a constitutionally au- divided and so entrenched in the beliefs impeach President Trump at least four thorized investigation is unparalleled of our particular partisan group that times—first, for being mean to football in American history. ‘‘cunning, ambitious and unprincipled Despite the extraordinary efforts by players; then for his transgender mili- men will be enabled to subvert the the President to cover up the facts, the tary policy; next for his immigration power of the people and to usurp for House managers made a convincing policy. And those are just the impeach- themselves the reins of government.’’ ment attempts. Along the way, Demo- case. I am struck by the contrast of where crats also proclaimed that Robert It is clear. we are today and where our Founders Mueller would drive the President from The President’s actions were not an were more than 200 years ago. effort to further official American for- George Washington was the ultimate office. Some even speculated that the eign policy. rock star of his time. He was beloved, Vice President and the Cabinet would The President was not working in the and when he announced he would leave invoke the 25th amendment to seize public interest. the Presidency and return to Mount power from the President—a theory What the President did was wrong, Vernon, people begged him to stay. that sounds more like resistance fan unacceptable, and impeachable. There was a call to make him a King, fiction than reality. I expected the President’s lawyers to and he said no. He reminded folks that What is behind this fanaticism? Sim- offer new eyewitness testimony from he had just fought against a monarch ply put, the Democrats have never ac- people with firsthand knowledge and so that the American people could cepted that Donald Trump won the 2016 offer new documents to defend the enjoy the liberties of a free people. election, and they will never forgive President, but that did not happen. George Washington, a man of integ- him, either. It became very clear to me that the rity and an American hero, refused to It is time for the Democrats to get President’s closest advisers could not be anointed King when it was offered to some perspective. They are claiming speak to the President’s innocence, and him by his adoring countrymen. He that we ought to impeach and remove his lawyers did everything in their chose a republic over a monarchy. a President from office for the first power to prevent them from testifying But tomorrow, by refusing to hold time in our history for briefly pausing under oath. President Trump accountable for his aid to Ukraine and rescheduling a Witness testimony is the essence of a abuses, Republicans in the Senate are meeting with the Ukrainian President, fair trial. It is what makes us a coun- offering him unbridled power without allegedly in return for a corruption in- try committed to the rule of law. accountability, and he will gleefully quiry. But the aid was released after a If you are accused of wrongdoing in seize that power. few weeks and the meeting occurred, America, you have every right to call And when he does, our Republic will yet the inquiry did not—even though, I witnesses in your defense, but you also face an existential threat. would add, it remains justified by the don’t have the right to stop the pros- A vote against the Articles of Im- Biden family’s obvious, glaring conflict ecution from calling a hostile witness peachment will set a dangerous prece- of interest in Ukraine. or subpoenaing documents. dent and will be used by future Presi- Just how badly have the Democrats No one in this country is above the dents to act with impunity. lost perspective? The House managers law—no one—not even the President. Given what we know, that the Presi- have argued that we ought to impeach If someone is accused of a crime and dent abused the power of his office by and remove the President because his they have witnesses who could clear attempting to extort a foreign govern- meeting with the Ukrainian President them of any wrongdoing, they would ment to interfere with an American happened in New York, not Wash- want those witnesses to testify. In fact, election, that he willfully obstructed ington. not only would they welcome it, they justice at every turn, and that his ac- When most Americans think about would insist on it. tions run counter to our Nation’s most why a President ought to be impeached All we need to do is use our common cherished and fundamental values, it is and removed from office for the first sense. The fact that the President re- clear the President betrayed the trust time in our history, I suspect that fuses to have his closest advisers tes- the American public placed in him to pausing aid to Ukraine for a few weeks tify tells me that he is afraid of what fully execute his constitutional respon- is pretty far down the list. That is not they will say. sibilities. exactly ‘‘treason, bribery, or other

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.041 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S932 CONGRESSIONAL RECORD — SENATE February 5, 2020 high crimes and misdemeanors.’’ And 28,000 pages of documents. The House the President, emphasized that history that is especially true when we are just could have pursued more witnesses dur- is watching. That is true. Every action months away from the election that ing its impeachment, yet it instead taken by the House and the Senate will let Americans make their own chose to rush ahead rather than sub- during this impeachment sets a prece- choice. Indeed, Americans are already poena those witnesses or litigate issues dent for our country and our institu- voting to select the President’s Demo- in Federal court. In fact, when one of tions of government, whether good or cratic challenger. Why not let the vot- the House’s potential witnesses asked a bad. ers decide whether the President ought Federal court to rule on the issue, the For that reason, it is our job as Sen- to be removed? House withdrew its subpoena and asked ators to look at the entire record of The Democrats’ real answer is that to dismiss the case. The House Demo- this proceeding—from what happened they are afraid they will lose again in crats complain that the courts would in the House to final arguments made 2020, so they designed impeachment to have taken too long. Yet they expected here in the Senate. It is also our duty hurt the President before the election. the Senate to delay our work to finish to look at the whole picture, the flawed As one Democratic congressman said theirs. And in a final, remarkable process in the House, the purely par- last year, ‘‘I’m concerned that if we stunt, Congressman ADAM SCHIFF sug- tisan nature of the articles of impeach- don’t impeach this president, he will gested that we depose witnesses—only ment, the President’s actions that led get reelected.’’ Or, as minority leader his, of course, not the President’s— to his impeachment, and the impact of CHUCK SCHUMER claimed earlier this with Chief Justice Roberts ruling on all of this on our constitutional norms. month, impeachment is a ‘‘win-win’’ all questions of evidence and privilege, Most importantly, we must weigh the for Democrats; either it will lead to the dragging him into this political spec- impact on our Nation and on the legit- President’s defeat or it will hurt tacle. imacy of our institutions of govern- enough Republican Senators in tough But the curtain will soon come down ment, if the Senate were to agree with races to hand Democrats the majority. on this political theater. The Senate the House managers’ demands to over- Or maybe both. will perform the role intended for us by turn the 2016 election and remove the The political purpose of impeach- the Founders, of providing the ‘‘cool President from the 2020 ballot. This has ment was clear from the manner in and deliberate sense of the commu- never happened in our country’s 243- which House Democrats conducted nity,’’ as it says in Federalist 63, over year history. It is also our job as Senators during their proceedings. If impeachment was and against an inflamed and transient an impeachment trial to be guided by indeed the high-minded, somber affair House majority. Were we to do other- ‘‘a deep responsibility to future times.’’ that Speaker NANCY PELOSI claimed, wise, were the Senate to acquiesce to This is a quote from U.S. Supreme House Democrats would have taken the House, this process might have Court Justice Joseph Story, two cen- their time to get all the facts from all dragged on for many weeks, even for turies ago, but it couldn’t be more rel- relevant witnesses. Instead, they bar- months, shutting down the normal leg- evant today. With this grave constitu- reled ahead with a slipshod and secre- islative business of Congress even tional responsibility in mind, and con- tive process, denying the President’s longer than it already has. Even worse, by legitimizing the sidering the important factors listed due-process rights, gathering testi- House’s flawed, partisan impeachment, above, I will vote to acquit the Presi- mony behind closed doors, leaking we would be setting a grave precedent dent on both charges brought against their findings selectively to the press, for the future. Just consider how many him. and ignoring constitutional concerns times we heard about the impeachment It may surprise some, but if you lis- such as executive privilege. trial of President Andrew Johnson dur- tened to all the witnesses in this trial The impeachment vote itself contra- ing this trial. The Founders didn’t in- and you examine the sweep of Amer- dicted the pretensions of House Demo- tend impeachment as a tool to check ican history, one strong bipartisan crats. Speaker PELOSI said last year the Executive over policy disagree- point of consensus has emerged: Purely that she wouldn’t support impeachments or out of political spite. And the partisan impeachments are not in the ment unless there was something ‘‘so House has never before used impeach- country’s best interest. In fact, they compelling and overwhelming and bi- ment in this way, not when the Demo- are a danger which the Framers of the partisan’’ that it demanded a response. crats claimed that President George W. Constitution clearly feared. Likewise, Congressman JERRY NADLER Bush misled the country into the Iraq Alexander Hamilton’s warning from said that the House had to ‘‘persuade war or when President Barack Obama Federalist No. 65 bears repeating: ‘‘In enough of the opposition party voters’’ broke the law by releasing terrorists many cases [impeachment] will con- before it voted to impeach. Democrats from Guantanamo Bay in return for nect itself with the pre-existing fac- failed on both counts. Indeed, the only the release of an American deserter, tions, and will inlist all their animos- bipartisan aspect of the whole pro- Bowe Bergdahl. Indeed, the Republican ities, partialities, influence, and inter- ceeding is that both Republicans and House did not impeach President est on one side or on the other; and in Democrats voted against impeaching Obama for, yes, withholding aid from such cases there will always be the the president. Not a single Republican Ukraine for 3 full years. greatest danger that the decision will voted for either article of impeachment No House in the future should lead be regulated more by the comparative in the House, resulting in the first the country down this path again. By strength of parties, than by the real party-line impeachment of a President refusing to do this House’s dirty work, demonstrations of innocence or guilt in our Nation’s history. the Senate is stopping this dangerous . . . Yet it ought not to be forgotten So instead of doing their work, House precedent and preserving the Founders’ that the demon of faction will, at cer- Democrats simply impeached the understanding that Congress ought to tain seasons, extend his sceptre over President and declared their job com- restrain the executive through the all numerous bodies of men.’’ plete. Yet after piously declaring the many checks and balances still at our The reason for this ‘‘greatest danger’’ urgency of this impeachment, they disposal. More fundamentally, we are is obvious: the weaponization of im- waited a month to send the articles preserving the most important check peachment as a regular tool of partisan over to the Senate. Maybe they had to of all—an election. It is time to teach warfare will incapacitate our govern- wait for the gold-encrusted souvenir that lesson to this House and to all fu- ment, undermine the legitimacy of our pens to arrive for Speaker PELOSI’s ture Houses, of both parties. institutions, and tear the country ‘‘signing ceremony.’’ NANCY PELOSI and ADAM SCHIFF have apart. Until this impeachment, our And once in the Senate, the political failed, but the American people lost. country’s representatives largely un- theater continued. The House Demo- Now it is time to get back to doing the derstood this. During the Clinton im- crats repeatedly asserted a bizarre log- people’s business. peachment—Democrats, including Mi- ical fallacy: their case was both ‘‘over- Mr. SULLIVAN. Mr. President, I rise nority Leader SCHUMER and House whelming’’ and in need of more evi- today to speak about the impeachment Managers LOFGREN and NADLER, argued dence. Yet we heard from 17 wit- of Donald J. Trump. that a purely partisan impeachment nesses—all hand-selected by the House The Democratic House managers, would be ‘‘divisive,’’ ‘‘lack the legit- Democrats—and received more than who are prosecuting the case against imacy of a national consensus,’’ and

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.038 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S933 ‘‘call into question the very legitimacy impeachment trial. The House Man- preme Court Justice Brandeis stated in of our political institutions.’’ agers claim that, by not doing so, we his famous dissent in Myers v. United Less than a year ago, Speaker PELOSI are undermining a ‘‘fair trial’’ in the States, ‘‘The doctrine of the separation said: ‘‘Impeachment is so divisive to Senate. The irony of such a claim of powers was adopted by the conven- the country that unless there’s some- should not be lost on the American tion of 1787 not to promote efficiency thing so compelling and overwhelming people. but to preclude the exercise of arbi- and bipartisan, I don’t think we should Throughout this trial, and in their trary power. The purpose was not to go down that path because it divides briefs, the House managers have avoid friction, but, by means of the in- the country.’’ claimed dozens of times that they have evitable friction incident to the dis- Yet here we are. Against the weight ‘‘overwhelming evidence’’ on the cur- tribution of the governmental powers of bipartisan consensus and the wisdom rent record to impeach the President, among three departments, to save the of the Framers, the House still took thereby undermining their own ration- people from autocracy.’’ If allowed to this dramatic and consequential step, ale for more evidence. stand by the Senate, the implications the first purely partisan impeachment And in terms of fairness, it is well of these House precedents for our Na- in U.S. history. Only Democrats in the documented that the Democratic lead- tion and the individual liberties of the House voted to impeach the President, ership in the House just conducted the people we represent are difficult to dis- while a bipartisan group of House most rushed, partisan, and fundamen- cern, but would be profound and likely members opposed. tally unfair House impeachment pro- very negative. This was done through rushed House ceedings in U.S. history. Similarly concerning were the at- proceedings that lacked the most basic A Senate vote to pursue additional tempts, both subtle and not so subtle, due process procedures afforded Presi- evidence and witnesses would have to inject Chief Justice Roberts of the dents Clinton and Nixon during their turned the article I constitutional im- U.S. Supreme Court into this trial. The impeachment investigations. A signifi- peachment responsibilities of the smooth siren song of House Manager cant portion of the House proceedings House and Senate on their heads. It SCHIFF, casually inviting the Senate last fall took place in secret, where the would have required the Senate to do and Chief Justice into a constitutional President was not afforded counsel, the the House’s impeachment investiga- labyrinth for which there may have ability to call his own witnesses, or tory work, even when the House af- been no exit, was a recurring theme of cross-examine those of the House firmatively declined to seek additional this trial. ‘‘We have a perfectly good judge Democrats. Certain testimonies from evidence last fall, such as subpoenaing here,’’ SCHIFF said over and over again, these secret hearings were then selec- Ambassador John Bolton, because of ‘‘whom you all trust and have con- tively leaked to a pro-impeachment Speaker PELOSI’s artificial deadline to fidence in.’’ Let him quickly decide all press. This happened in America. In my impeach the President by Christmas. the weighty legal and constitutional view, it sounds like something more A vote by the Senate to pursue addi- issues before the Senate, the relevance tional evidence that the House con- worthy of the Soviet Union, not the of witnesses, claims of immunity and sciously chose not to obtain would world’s greatest constitutional repub- executive privilege, what House Man- lic. incentivize less thorough and more fre- ager NADLER described on day 1 of the Yet here we are. A new precedent has quent partisan impeachments in the fu- trial as ‘‘executive privilege, and other been set in the House. When asked sev- ture, a danger that should concern us nonsense.’’ eral times if these precedents and the all. Moreover, the Chief Justice could do Another example of the House’s at- partisan nature of this impeachment this all within a week, SCHIFF told us. should concern us, the House managers tempt to erode long-standing constitu- It all seemed so simple, rational, and dodged the questions, and my Senate tional norms is found in its second Ar- efficient. But our Constitution doesn’t colleagues, who in 1999 were so strong- ticle of Impeachment, obstruction of work this way. The Chief Justice, in an ly and correctly and vocally against Congress. This article claims that the impeachment of the President, sits as the dangers of purely partisan im- President committed an impeachable the Presiding Officer over the Senate, peachments, have all gone silent. offence by resisting House subpoenas not as an article III judge. And while Perhaps it is too late. Perhaps the for witnesses and documents, even the Senate can delegate certain trial genie is now out of the bottle. Perhaps though the House didn’t attempt to ne- powers to him, it cannot delegate mat- the danger that Hamilton so astutely gotiate, accommodate, or litigate the ters, such as a President’s claims of ex- predicted 232 years ago is upon us for President’s asserted defenses, such as ecutive privilege, over which the Sen- good. I hope not. No one thinks that executive privilege and immunity, to ate itself does not have constitutional partisan impeachments every few years provide such evidence. authority. would be good for our great Nation. These defenses have been utilized by The quick and efficient fix SCHIFF The Senate does not have to validate administrations, Democrat and Repub- was tempting the Senate with might this House precedent, and a Senate fo- lican, for decades and go to the heart of have ended up as a form of constitu- cused on ‘‘deep responsibility to future the separation of powers within the ar- tional demolition. And as the trial pro- times’’ shouldn’t do so. ticle I and article II branches of the ceeded, it became apparent that it was In addition to unleashing the danger Federal Government and even impli- more than just claims of efficiency be- of purely partisan impeachments, the cate a defendant’s right to vigorously hind the invitation to draw the Chief House’s impeachment action and their defend oneself in court. Indeed, the Su- Justice fully into the trial. arguments before the Senate, if rati- preme Court acknowledged in United There was something else afoot, a fied, have the potential to undermine States v. Nixon that the President has subtle and not so subtle attempt by other critical constitutional norms, the right to assert executive privilege. some to attack the credibility and such as the separation of powers and Nevertheless, the House managers ar- independence of the Chief Justice and the independence of our judiciary. gued that the mere assertion of these the Court he leads. The junior Senator These traditions exist to implement constitutional rights is an impeachable from Massachusetts’ question for the the will of the people we represent and offense, in essence claiming the unilat- House managers, which drew an audi- to protect their liberty. And yet so eral power to define the limits and ble gasp from those watching in the much of what has already been done in scope of executive privilege, while si- Senate after the Chief Justice read it, the House and what has now been ar- multaneously usurping that power made this clear, when she asked about gued in the Senate has little or no from the courts, where it has existed ‘‘the loss of legitimacy of the Chief precedent in U.S. history, thereby for centuries. Justice, the Supreme Court, and the threatening many of the constitutional Indeed, the House managers even ar- Constitution,’’ so too did Minority safeguards that have served our coun- gued that merely asserting these de- Leader SCHUMER’s parliamentary in- try so well for over two centuries. fenses is evidence of guilt itself. This is quiry about the precedent from the im- Take, for example, the debate we re- a dangerous argument that dem- peachment of President Johnson 150 cently had on whether to have the Sen- onstrates a lack of understanding of years ago, on the role of the Chief Jus- ate seek additional evidence for this basic constitutional norms. As U.S. Su- tice in breaking ties on 50–50 votes in

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.045 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S934 CONGRESSIONAL RECORD — SENATE February 5, 2020 the Senate during Presidential im- I believe all Presidents have the right but there was something about the way peachments. Chief Justice Roberts’ co- to investigate interference in U.S. elec- he said it, something in his eyes that gent, historically accurate, and con- tions and credible claims of corruption truly got my attention. I realized that stitutionally, based answer to this in- and conflicts of interest, particularly something was fear. That man, a brave quiry will set an important precedent in countries where America sends sig- Alaskan who had served in the military on this impeachment issue for genera- nificant amounts of foreign aid, like to protect our constitutional freedoms, tions to come. Ukraine, and where corruption is en- was afraid that the country he knows Perhaps it is all a coincidence, but as demic, like Ukraine. and he loves was at risk. And I have to these attempts to diminish the Chief Were the President’s actions perfect? admit that I have had similar fears Justice’s credibility by more fully No. For example, despite having the these past weeks. dragging him into this impeachment authority to investigate corruption in But I look around me, on this floor, trial were ongoing, much more harsh Ukraine and with Burisma, I believe he and I continue to see hope for our Na- political ads directly attacking him in should have requested such an inves- tion. this regard were being launched across tigation through more official and ro- I see my colleagues on the other side the country. Members of the Senate bust channels, such as pursuing co- of the aisle—my friends—who are will- noticed, and we were not impressed. operation through the U.S. Mutual ing to work with me on so many issues The independence of the Federal judi- Legal Assistance Treaty with Ukraine, to find solutions sorely needed for the ciary as established in our Constitu- with the Department of Justice in the country. tion is a gift to our Nation that has lead. I also believe that the role of Mr. And back home, I see my fellow Alas- taken centuries to develop. The over- Giuliani has caused confusion and may kans, some of them fearful, but also so reach of the House managers and cer- have undermined the Trump adminis- hungry to do their part to help heal the tain Democratic Senators seeking to tration’s broader foreign policy goals divides. undermine this essential constitutional with regard to Ukraine. We should end this chapter, and we norm was a disappointing and even But none of this even remotely rises should take our cues from them, the dangerous aspect of this impeachment to the level of an offense that merits people whose spirit and character trial. removing the President from office. It guides this great Nation. They want us When historians someday write about is difficult to imagine a situation re- to protect our Constitution. They need this divisive period of American his- quiring a higher burden of proof. The us to work together to do that and ad- tory, they would do well to focus on radical and dangerous step that the dress America’s challenges. these subtle and not so subtle attacks House Democrats are proposing seems It’s time to get back to the work on the Chief Justice’s credibility—and to have been lost in all of the noise. Alaskans want the Congress to focus by extension the credibility of the Su- What they are asking the Senate to on: growing our economy, improving preme Court—for it was clearly one of do is not just overturn the results of our infrastructure, rebuilding our mili- the important reasons why the Senate the 2016 election—nullifying the votes tary, cleaning up our oceans, lowering voted last week, 51 to 49, to no longer of millions of Americans—but to re- healthcare costs and drug prices, open- prolong the trial phase of this impeach- move the President from the 2020 bal- ing markets for our fishermen, and ment. lot, even as primary voting has begun taking care of our most vulnerable in The impeachment articles do not across the country. society like survivors of sexual assault charge the President with a crime. Al- Such a step, if ever realized, would do and domestic violence and those strug- though there was much debate in the infinitely more damage to the legit- gling with addiction. trial on whether this is required, it is imacy of our constitutional republic That is what I am committed to do. undisputed that in all previous presi- and political system than any mistake Ms. CORTEZ MASTO. Mr. President, dential impeachments—Johnson, or error of judgment President Trump the decision I make today is not an Nixon, and Clinton—the President was may have made. easy one, nor should it be. charged with having violated a crimi- An impeachment trial is supposed to I have approached this serious task nal statute. And there was little dis- be the last resort to protect the Amer- with an open and impartial mind, as pute that these charges were accurate. ican people against the highest crimes my trial oath required. I have studied Lowering the bar to non-criminal of- that undermine and threaten the foun- the facts and the evidence of the case fenses has set a new precedent. How- dations of our Republic, not to get rid before me. ever, whether a crime is required is of a President because a faction of one I have been an attorney for over two still debatable. Instead, the House im- political party disagrees with the way decades, and I was the attorney general peachment charged the President with he governs. That is what elections are of Nevada for 8 years. And I keep com- an abuse of power based on speculative for. ing back to what I learned in the court- interpretation of his intent. I trust the Alaskan and American room. The law is a technical field, but So what about the President’s ac- people, not House Democrats, with the it is also based on common sense. tions that were the primary focus of monumental decision of choosing who You don’t have to study the law for this impeachment trial and the basis of should lead our Nation. years to know that stealing and cheat- the House’s first Article of Impeach- And soon, they will decide, again, ing are wrong. It is one of the first ment claim that he abused his power? who should lead our Nation. In church- things we learn in our formative years. The House managers argued that the es, libraries, and school cafeterias, the And you don’t have to be a law school President abused his power by taking people all across the country will vote professor to realize that a President actions that on their face appeared for who they want to represent them. should not be using the job the Amer- valid—withholding aid to a foreign And I am convinced that the Amer- ican people gave him to benefit himself country and investigating corruption— ican people will make their choices personally. but were motivated by ‘‘corrupt in- wisely. Abraham Lincoln reminded us that tent.’’ Let me conclude by saying a few our Nation was founded on the essen- One significant problem with this ar- words about where we should go from tial idea of government ‘‘of the people, gument is that it is vague and hinges here. by the people, for the people.’’ on deciphering the President’s intent Right before this impeachment trial As I sat on the Senate floor thinking and motives, a difficult feat because it began, I was at an event in Wasilla, about President Lincoln and listening is subjective and could be—and was in- AK, where many of Alaska’s military to the arguments in President Trump’s deed in this case—defined by a partisan veterans attended. A proud veteran ap- impeachment trial, I thought of the House. Further, the House managers proached me with a simple but fervent awesome responsibility our Founding argue essentially that there could be request. ‘‘Senator SULLIVAN,’’ he said, Fathers entrusted to each Senator. no legitimate national interest in pur- ‘‘Protect our Constitution.’’ I also thought about all of the Nevad- suing investigations into interference So many of us, including me, have ans I represent—those who voted for of the U.S. 2016 elections by Ukraine heard similar pleas over the past few President Trump and those who did and corruption involving Burisma. months from the people we represent, not. For those who did, I put myself in

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.045 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S935 their shoes and considered how I would We also know through testimony pro- The Framers themselves actually ar- respond if the President were from my vided during the House investigation gued about whether Americans could political party. that President Trump tried to pressure rely on elections to get rid of bad presi- The removal of a sitting President Ukraine to announce those investiga- dents. They decided that if they didn’t through impeachment is an extraor- tions, first by conditioning a visit by put the impeachment power into the dinary remedy. It rarely occurs, and no President Zelensky to the White House Constitution, a corrupt President Senator should rush into it. on them and later by denying $391 mil- would be willing to do anything to get Yet impeachment is a key part of our lion in security assistance to Ukraine. himself reelected. constitutional order. When our Found- Some of my colleagues don’t dispute James Madison said that without im- ing Fathers designed the Office of the these facts. peachment, a corrupt President ‘‘might Presidency, the Framers of the Con- President Trump’s actions interfere be fatal to the Republic.’’ stitution had just gotten rid of a King, with the fundamental tenets of our And through my oath of office as a and they didn’t want another one. Constitution. Citizens do not get to Senator, I swore to protect not just Ne- They were afraid that the President govern themselves if the officials who vadans but also our great Republic. might use his extensive powers for his get elected seek their own benefit to Our country, unfortunately, has own benefit. the detriment of the public good. never been more divided along party To prevent this, the Framers pro- The Framers knew this. They were lines. It played out in the House im- vided for impeachment by the House very aware that officials could leverage peachment investigation and in the and trial by the Senate for ‘‘treason, their office to benefit themselves. Senate trial. The Senate rules for the bribery, or other high crimes and mis- In Federalist No. 65, Alexander Ham- trial were not written by all of the demeanors.’’ ilton explained why we had the im- Senators with bipartisan input. In- They didn’t have to do things this peachment power in the first place: it stead, they were written behind closed way. They could have left it up to the was to respond to ‘‘those offenses doors by one man in coordination with which proceed from the misconduct of courts to hold the trial of a President the President. In so doing, the Senate public men, or in other words, from the accused of wrongdoing. has abdicated its powerful check on the abuse or violation of some public But they wanted to make sure each executive branch. trust.’’ branch of government could be a check Without this important check, I am With the undisputed facts con- on the other, which would bring bal- concerned about what the President demning the president, I listened to the ance to our system of government. will do next to put our Republic in And the Framers were specifically President’s counsel argue that the Ar- ticles of Impeachment were defective jeopardy. concerned with the idea of an all-pow- We have seen that President Trump because abuse of power and obstruction erful Executive who might abuse his is willing to violate our Constitution in power and invite foreign interference of Congress are not crimes. However, many constitutional schol- order to get himself reelected. He has in our elections. disrespected norms and worked to di- This concern is reflected in the Arti- ars soundly refuted this argument, and vide our country for his own political cles of Impeachment laid out by the precedent supports them. The Impeach- gain. He has undermined our standing House managers. ment Articles in President Nixon’s case Putting aside the biases I heard com- included abuse of power and obstruc- in the world and put awesome pressure ing from both political parties, I fo- tion of Congress. on foreign leaders to benefit himself, cused on getting to the truth of the During this impeachment investiga- rather than to advance the interests of case—like any trial attorney. tion, the President blocked all mem- our country. The truth in any case that I have bers of his administration from testi- I have also learned from this trial been involved with starts with the fying in response to congressional com- that the President is willing to take facts. mittee requests and withheld all docu- any action, including cheating in the For 2 weeks I listened to the arguments. next election, to serve his personal in- ments presented by both sides, took This action is absolutely unprece- terest. notes, posed questions, and identified dented in American history. Even No act in our country is more sacred the facts that were supported and sub- Presidents Nixon and Clinton allowed and solemn for democracy than voting, stantiated and those that were not. staff to testify to Congress during im- and nothing in our system of govern- With a heavy heart and great sad- peachment investigations and provided ment is more vital to the continued ness, I became convinced by the evi- some documents. health of our democracy than its elec- dence that President Trump inten- The executive branch has no blanket tions. No American should stand for tionally withheld security assistance claim to secrecy. It works for the foreign election interference, much less and a coveted White House meeting to American people, as do Members of invite it. pressure Ukraine into helping him po- Congress. American elections are for Ameri- litically, even though Ukraine was de- In the Senate, the President’s coun- cans. fending itself from Russia. sel argued that the House investigators That is why I cannot condone this This wasn’t an action ‘‘of the people, should have fought this wholesale ob- President’s actions by acquitting him. by the people, for the people.’’ struction in court. Yet at the same Finding the President guilty of abuse President Trump used the immense time, in a court down the street, other of power and obstruction of Congress power of the U.S. Government not for administration lawyers contended that marks a sad day for our country and the people but, rather, for himself. the courts should stay out of disputes not something I do with a light heart. We know these facts from President between Congress and the President. But I was sent to Congress not just to Trump’s own words in a phone call to The President’s counsel also argued fight for all Nevadans but also to fight Ukrainian President Zelensky in July that the American people should decide for our children and their future. To and in statements to the press in Octo- in the next election whether to remove leave them with a country that still ber. President Trump for his actions. But if believes in right and wrong, that ex- We also know it through the testi- this were the standard, then the imposes corruption in government and mony of 17 American officials—many peachment clause could only ever be holds it accountable, that stands up to of them appointed by the President utilized in the second term of a Presi- tyranny at home and abroad. himself. dency, when no upcoming election In my view, President Trump has Those officials indicated that over would preserve the country. fallen far, far short of those lofty ideals the spring and summer of 2019, through Most importantly, isn’t the impeach- and of the demands of our Constitu- both his personal lawyer, Rudy ment clause pointless if a president can tion. Giuliani, and through American dip- abuse his power in office and then com- That requires the rest of us, regard- lomats, President Trump asked pletely refuse to comply with a House less of party, creed, or ethnicity, to Ukraine to publicly announce inves- impeachment investigation and a Sen- work together all the more urgently to tigations that would influence the 2020 ate trial in order to delay until the defend our democracy, our elections, elections in his favor. next election? and our national security.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.046 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S936 CONGRESSIONAL RECORD — SENATE February 5, 2020 I have faith in Americans because I the Nation from future threats. The ate stand in recess subject to the call have seen time and time again in Ne- President’s conduct here sets a dan- of the Chair. vada our ability to come together and gerous precedent that must not be re- The PRESIDING OFFICER. Without work with one another for our common peated in the future and requires a firm objection, the Senate stands in recess good. response by the representatives of the subject to the call of the Chair. America is more than just one per- people. After hearing evidence that the Thereupon, the Senate, at 4:00 p.m., son, and like President Lincoln’s, my President heldup congressionally ap- recessed subject to the call of the Chair faith will always lie with the people. proved military assistance to an ally and reassembled at 4:04 p.m., when Ms. ROSEN. Mr. President, I didn’t fighting Russia in order to exact con- called to order by the Chief Justice. come to the Senate expecting to sit as cessions from Ukraine that benefited f a juror in an impeachment trial. I have him personally, we cannot trust the TRIAL OF DONALD J. TRUMP, participated in this trial with an open President to place national security PRESIDENT OF THE UNITED mind, determined to evaluate the over his own interests. It is therefore STATES President’s actions outside of any par- with sadness that I conclude that the tisan lens, and with a focus on my con- President must be removed from office The CHIEF JUSTICE. The Senate stitutional obligations. I listened to under article I and I will vote to con- will convene as a Court of Impeach- the arguments, took detailed notes, vict him of abuse of power. ment. asked questions, and heard both sides With respect to the second Article of THE JOURNAL answer questions from my colleagues. Impeachment charging obstruction of The CHIEF JUSTICE. If there is no After thorough consideration, based on Congress, the President’s behavior sug- objection, the Journal of proceedings of the evidence presented, sadly, I find I gests that he believes he is above the the trial is approved to date. have no choice but to vote to remove law. Certainly, there may be docu- The Deputy Sergeant at Arms, Jen- the President from office. ments and testimony that are subject nifer Hemingway, will make the proc- The first Article of Impeachment to executive privilege or are confiden- lamation. charges the President with abuse of tial for some other reason. But here, The Deputy Sergeant at Arms, Jen- power, specifically alleging that the the President directed every agency, nifer Hemingway, made proclamation President used the powers of his public office, and employee in the executive as follows: office to obtain an improper political branch not to cooperate with the im- Hear ye! Hear ye! Hear ye! All persons are benefit. I can now conclude the evi- peachment inquiry conducted by the commanded to keep silent, on pain of imprisonment, while the Senate of the United dence shows that this is exactly what U.S. House of Representatives. As a Member of Congress, I take my over- States is sitting for the trial of the articles the President did when he withheld of impeachment exhibited by the House of critically important security assist- sight role seriously. It is how we en- Representatives against Donald John Trump, ance from Ukraine in order to persuade sure transparency in government, so President of the United States. the Ukrainian Government to inves- the people of Nevada can know how As a reminder to everyone in the Chamber, tigate his political rival. I understand their tax dollars are spent and whether as well as those in the Galleries, demonstra- their elected officials are acting le- tions of approval or disapproval are prohib- that foreign policy involves negotia- ited. tions, leveraging advantages, and using gally, ethically, and in their best inter- The CHIEF JUSTICE. The majority all the powers at our disposal to ad- ests. The President’s refusal to nego- leader is recognized. vance U.S. national security goals. But tiate in good faith with the House in- Mr. MCCONNELL. Mr. Chief Justice, this was different. The President sent vestigators over documents and testimony and instead to impede any inves- the Senate is now ready to vote on the his personal attorney, whose obligation Articles of Impeachment, and after is to protect the personal interests of tigation into his official conduct can only be characterized as blatant ob- that is done, we will adjourn the Court the President, not the United States, of Impeachment. to meet and negotiate with foreign struction. More importantly, it suggests that ARTICLE I government officials from Ukraine to he will continue to operate outside the The CHIEF JUSTICE. The clerk will get damaging information about the law, and if he believes he can ignore now read the first Article of Impeach- President’s rivals, culminating in the lawful subpoenas from Congress, it will ment. July 25 phone call between the U.S. and be impossible to hold him accountable. The senior assistant legislative clerk Ukrainian Presidents, during which the For these reasons, I will vote to con- read as follows: President made clear his intent to vict the President of obstruction of ARTICLE I: ABUSE OF POWER withhold aid until a political favor was Congress, as delineated in article II. The Constitution provides that the House completed. In doing so, the President Impeachment is a grave constitu- of Representatives ‘‘shall have the sole put U.S. national security and a key tional remedy, not a partisan exercise. Power of Impeachment’’ and that the Presi- alliance against Russian aggression at To fulfill my constitutional role as a dent ‘‘shall be removed from Office on Im- risk, all so he could benefit politically juror, I asked myself how I would view peachment for, and Conviction of, Treason, Bribery, or other high Crimes and Mis- from the potential fallout from an in- the evidence if it were any President vestigation into a possible opponent. demeanors’’. In his conduct of the office of accused of this conduct. Based on the President of the United States—and in viola- While I would like to hear more from facts and arguments presented, I con- witnesses and see the documents the tion of his constitutional oath faithfully to clude that no President of the United execute the office of President of the United administration is withholding, the evi- States, regardless of party, can trade States and, to the best of his ability, pre- dence presented is compelling and not congressionally approved and legally serve, protect, and defend the Constitution in doubt. The President withheld mili- mandated military assistance for per- of the United States, and in violation of his tary aid in order to coerce an ally to sonal political favors. No one is above constitutional duty to take care that the help him politically. This is no mere the law, not this President or the next laws be faithfully executed—Donald J. Trump has abused the powers of the Presi- policy disagreement; this is about President. Having exercised my con- whether the President negotiates with dency, in that: stitutional duty, I will continue what I Using the powers of his high office, Presi- foreign governments on behalf of the have been doing over the course of this dent Trump solicited the interference of a United States; or on his own behalf. No trial and have done since I first came foreign government, Ukraine, in the 2020 elected official, regardless of party, to Congress, to look past partisanship United States Presidential election. He did should use public office to advance his and develop commonsense, bipartisan so through a scheme or course of conduct or her personal interests, particularly solutions that help hard-working fami- that included soliciting the Government of to the detriment of U.S. national secu- lies in Nevada and across the country. Ukraine to publicly announce investigations that would benefit his reelection, harm the rity, and in the case of the President of f the United States, such conduct is par- election prospects of a political opponent, and influence the 2020 United States Presi- ticularly dangerous. As elected offi- RECESS SUBJECT TO THE CALL OF THE CHAIR dential election to his advantage. President cials, we have no more important re- Trump also sought to pressure the Govern- sponsibility than ensuring our national Mr. MCCONNELL. Mr. President, I ment of Ukraine to take these steps by con- security, and that includes protecting ask unanimous consent that the Sen- ditioning official United States Government

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.046 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S937 acts of significant value to Ukraine on its Is the respondent, Donald John Trump, dent Trump’s corrupt solicitation of the public announcement of the investigations. guilty or not guilty? Government of Ukraine to interfere in the President Trump engaged in this scheme or A rollcall vote is required. 2020 United States Presidential election. As course of conduct for corrupt purposes in The clerk will call the roll. part of this impeachment inquiry, the Com- pursuit of personal political benefit. In so mittees undertaking the investigation doing, President Trump used the powers of The legislative clerk called the roll. served subpoenas seeking documents and tes- the Presidency in a manner that com- The result was announced—guilty 48, timony deemed vital to the inquiry from var- promised the national security of the United not guilty 52, as follows: ious Executive Branch agencies and offices, States and undermined the integrity of the [Rollcall Vote No. 33] and current and former officials. United States democratic process. He thus GUILTY—48 In response, without lawful cause or ex- ignored and injured the interests of the Na- cuse, President Trump directed Executive Baldwin Hassan Romney tion. Branch agencies, offices, and officials not to President Trump engaged in this scheme or Bennet Heinrich Rosen comply with those subpoenas. President course of conduct through the following Blumenthal Hirono Sanders Trump thus interposed the powers of the means: Booker Jones Schatz Brown Kaine Schumer Presidency against the lawful subpoenas of (1) President Trump—acting both directly Cantwell King Shaheen the House of Representatives, and assumed and through his agents within and outside Cardin Klobuchar Sinema to himself functions and judgments nec- the United States Government—corruptly Carper Leahy Smith essary to the exercise of the ‘‘sole Power of solicited the Government of Ukraine to pub- Casey Manchin Stabenow Impeachment’’ vested by the Constitution in licly announce investigations into— Coons Markey Tester the House of Representatives. (A) a political opponent, former Vice Presi- Cortez Masto Menendez Udall dent Joseph R. Biden, Jr.; and Duckworth Merkley Van Hollen President Trump abused the powers of his Durbin Murphy Warner high office through the following means: (B) a discredited theory promoted by Rus- Feinstein Murray Warren sia alleging that Ukraine—rather than Rus- (1) Directing the White House to defy a Gillibrand Peters Whitehouse lawful subpoena by withholding the produc- sia—interfered in the 2016 United States Harris Reed Wyden Presidential election. tion of documents sought therein by the NOT GUILTY—52 (2) With the same corrupt motives, Presi- Committees. dent Trump—acting both directly and Alexander Fischer Perdue (2) Directing other Executive Branch agen- through his agents within and outside the Barrasso Gardner Portman cies and offices to defy lawful subpoenas and United States Government—conditioned two Blackburn Graham Risch withhold the production of documents and Blunt Grassley official acts on the public announcements Roberts records from the Committees—in response to Boozman Hawley Rounds that he had requested— which the Department of State, Office of Braun Hoeven Rubio Management and Budget, Department of En- (A) the release of $391 million of United Burr Hyde-Smith Sasse ergy, and Department of Defense refused to States taxpayer funds that Congress had ap- Capito Inhofe Scott (FL) Cassidy Johnson produce a single document or record. propriated on a bipartisan basis for the pur- Scott (SC) Collins Kennedy (3) Directing current and former Executive pose of providing vital military and security Shelby Cornyn Lankford Branch officials not to cooperate with the assistance to Ukraine to oppose Russian ag- Sullivan Cotton Lee Committees—in response to which nine Ad- gression and which President Trump had or- Cramer Loeffler Thune dered suspended; and Tillis ministration officials defied subpoenas for Crapo McConnell testimony, namely John Michael ‘‘Mick’’ (B) a head of state meeting at the White Cruz McSally Toomey House, which the President of Ukraine Daines Moran Wicker Mulvaney, Robert B. Blair, John A. sought to demonstrate continued United Enzi Murkowski Young Eisenberg, Michael Ellis, Preston Wells Grif- States support for the Government of Ernst Paul fith, Russell T. Vought, Michael Duffey, Ukraine in the face of Russian aggression. The CHIEF JUSTICE. On this Article Brian McCormack, and T. Ulrich Brechbuhl. These actions were consistent with Presi- (3) Faced with the public revelation of his of Impeachment, 48 Senators have pro- actions, President Trump ultimately re- dent Trump’s previous efforts to undermine nounced Donald John Trump, Presi- United States Government investigations leased the military and security assistance dent of the United States, guilty as to the Government of Ukraine, but has per- into foreign interference in United States sisted in openly and corruptly urging and so- charged; 52 Senators have pronounced elections. liciting Ukraine to undertake investigations him not guilty as charged. Through these actions, President Trump for his personal political benefit. Two-thirds of the Senators present sought to arrogate to himself the right to de- These actions were consistent with Presi- not having pronounced him guilty, the termine the propriety, scope, and nature of dent Trump’s previous invitations of foreign Senate adjudges that the Respondent, an impeachment inquiry into his own con- interference in United States elections. Donald John Trump, President of the duct, as well as the unilateral prerogative to In all of this, President Trump abused the deny any and all information to the House of powers of the Presidency by ignoring and in- United States, is not guilty as charged Representatives in the exercise of its ‘‘sole juring national security and other vital na- on the first Article of Impeachment. Power of Impeachment’’. In the history of tional interests to obtain an improper per- ARTICLE II the Republic, no President has ever ordered sonal political benefit. He has also betrayed The clerk will read the second Arti- the complete defiance of an impeachment in- the Nation by abusing his high office to en- cle of Impeachment. quiry or sought to obstruct and impede so list a foreign power in corrupting democratic The legislative clerk read as follows: comprehensively the ability of the House of elections. Representatives to investigate ‘‘high Crimes Wherefore President Trump, by such con- ARTICLE II: OBSTRUCTION OF CONGRESS and Misdemeanors’’. This abuse of office duct, has demonstrated that he will remain a The Constitution provides that the House served to cover up the President’s own re- threat to national security and the Constitu- of Representatives ‘‘shall have the sole peated misconduct and to seize and control tion if allowed to remain in office, and has Power of Impeachment’’ and that the Presi- the power of impeachment—and thus to nul- acted in a manner grossly incompatible with dent ‘‘shall be removed from Office on Im- lify a vital constitutional safeguard vested self-governance and the rule of law. Presi- peachment for, and Conviction of, Treason, solely in the House of Representatives. dent Trump thus warrants impeachment and Bribery, or other high Crimes and Mis- In all of this, President Trump has acted in trial, removal from office, and disqualifica- demeanors’’. In his conduct of the office of a manner contrary to his trust as President tion to hold and enjoy any office of honor, President of the United States—and in viola- trust, or profit under the United States. and subversive of constitutional government, tion of his constitutional oath faithfully to to the great prejudice of the cause of law and VOTE ON ARTICLE I execute the office of President of the United justice, and to the manifest injury of the The CHIEF JUSTICE. Each Senator, States and, to the best of his ability, pre- people of the United States. when his or her name is called, will serve, protect, and defend the Constitution Wherefore, President Trump, by such con- stand at his or her place and vote of the United States, and in violation of his duct, has demonstrated that he will remain a guilty or not guilty, as required by rule constitutional duty to take care that the threat to the Constitution if allowed to re- XXIII of the Senate Rules on Impeach- laws be faithfully executed—Donald J. main in office, and has acted in a manner ment. Trump has directed the unprecedented, cat- grossly incompatible with self-governance Article I, section 3, clause 6 of the egorical, and indiscriminate defiance of sub- and the rule of law. President Trump thus Constitution regarding the vote re- poenas issued by the House of Representa- warrants impeachment and trial, removal tives pursuant to its ‘‘sole Power of Im- from office, and disqualification to hold and quired for conviction on impeachment peachment’’. President Trump has abused provides that no person shall be con- enjoy any office of honor, trust, or profit the powers of the Presidency in a manner of- under the United States. victed without the concurrence of two- fensive to, and subversive of, the Constitu- VOTE ON ARTICLE II thirds of the Members present. tion, in that: The question is on the first Article of The House of Representatives has engaged The CHIEF JUSTICE. The question is Impeachment. Senators, how say you? in an impeachment inquiry focused on Presi- on the second Article of Impeachment.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.030 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S938 CONGRESSIONAL RECORD — SENATE February 5, 2020 Senators, how say you? Is the respond- the Senate in the case of Donald John itol Police do an outstanding job, day ent, Donald John Trump, guilty or not Trump, and transmit a certified copy of the in and day out, to protect the Members guilty? judgment to each. of this Chamber, their staffs, the press, The clerk will call the roll. The CHIEF JUSTICE. Without objec- and everyone who works in and visits The senior assistant legislative clerk tion, the order will be entered. this Capitol. called the roll. The majority leader is recognized. They were asked to work extra shifts The result was announced—guilty 47, EXPRESSION OF GRATITUDE TO THE CHIEF and in greater numbers provide addi- not guilty 53, as follows: JUSTICE OF THE UNITED STATES tional security over the past 3 weeks. [Rollcall Vote No. 34] Mr. MCCONNELL. Mr. Chief Justice, Thank you to every one of them. GUILTY—47 before this process fully concludes, I I, too, would like to thank those Baldwin Hassan Rosen want to very quickly acknowledge a wonderful pages. I so much enjoyed you Bennet Heinrich Sanders few of the people who helped the Sen- with your serious faces walking down Blumenthal Hirono Schatz ate fulfill our duty these past weeks. right here and giving the Chief Justice Booker Jones Schumer First and foremost, I know my col- our questions. As the leader noted, the Brown Kaine Shaheen leagues join me in thanking Chief Jus- new class of pages started midway in Cantwell King Sinema Cardin Klobuchar Smith tice Roberts for presiding over the Sen- this impeachment trial. When you take Carper Leahy Stabenow ate trial with a clear head, steady a new job, you are usually given a few Casey Manchin Tester Coons Markey hand, and the forbearance that this days to take stock of things and get up Udall Cortez Masto Menendez rare occasion demands. to speed. Van Hollen Duckworth Merkley This class was given no such leeway, Warner (Applause.) Durbin Murphy We know full well that his presence but they stepped right in and didn’t Feinstein Murray Warren Gillibrand Peters Whitehouse as our Presiding Officer came in addi- miss a beat. Carrying hundreds of ques- Harris Reed Wyden tion to, not instead of, his day job tions from U.S. Senators to the Chief NOT GUILTY—53 across the street, so the Senate thanks Justice on national television is not the Chief Justice and his staff who how most of us spend our first week at Alexander Fischer Perdue Barrasso Gardner Portman helped him perform this unique role. work, but they did it with aplomb. Blackburn Graham Risch Like his predecessor, Chief Justice I would also like to extend my per- Blunt Grassley Roberts Rehnquist, the Senate will be awarding sonal thank you to David Hauck, Di- Boozman Hawley Romney Braun Hoeven Chief Justice Roberts the golden gavel rector of the Office of Accessibility Rounds Services; Tyler Pumphrey, supervisor; Burr Hyde-Smith Rubio to commemorate his time presiding Capito Inhofe Sasse over this body. We typically award this and Grace Ridgeway, wonderful Direc- Cassidy Johnson Scott (FL) to new Senators after about 100 hours tor of Capitol Facilities. Collins Kennedy Scott (SC) Cornyn Lankford in the chair, but I think we can agree Everyone on Grace’s team worked so Shelby Cotton Lee that the Chief Justice has put in his hard to make sure we were ready for Cramer Loeffler Sullivan impeachment: Gary Richardson, known Thune due and then some. Crapo McConnell affectionately to us as ‘‘Tiny,’’ the Cruz McSally Tillis The page is delivering the gavel. Daines Moran Toomey The CHIEF JUSTICE. Thank you chief Chamber attendant; Jim Hoover Enzi Murkowski Wicker very much. and the cabinet shop who built new Ernst Paul Young Mr. MCCONNELL. Of course, there cabinets to deprive us of the use of our The CHIEF JUSTICE. On this Article are countless Senate professionals electronics and flip phones during the of Impeachment, 47 Senators have pro- whose efforts were essential, and I will trial; Brenda Byrd and her team who nounced Donald John Trump, Presi- have more thorough facts to offer next did a spectacular job of keeping the dent of the United States, guilty as week to all of those teams, from the Capitol clean; and Lynden Webb and charged; 53 Senators have pronounced Secretary of the Senate’s office, to the his team, who moved the furniture, and him not guilty as charged; two-thirds Parliamentarian, to the Sergeant at then moved it again and again and of the Senators present not having pro- Arms team, and beyond. again. nounced him guilty, the Senate ad- But there are two more groups I Grace, we appreciate all your hard judges that respondent, Donald John would like to single out now. First, the work. Please convey our sincerest Trump, President of the United States, two different classes of Senate pages thanks to your staff. Thank you all, is not guilty as charged in the second who participated in this trial, their the whole staff, for your diligent work Article of Impeachment. footwork and cool under pressure lit- through many long days and late The Presiding Officer directs judg- erally kept the floor running. Our cur- nights during this very trying time in ment to be entered in accordance with rent class came on board right in the our Nation’s history. the judgment of the Senate as follows: middle of the third Presidential im- STATEMENT OF THE CHIEF JUSTICE OF THE The Senate, having tried Donald John peachment trial in American history UNITED STATES ON THE SENATE FLOOR Trump, President of the United States, upon and quickly found themselves hand-de- The CHIEF JUSTICE. At this time, two articles of impeachment exhibited livering 180 question cards from Sen- the Chair also wishes to make a very against him by the House of Representatives, ators’ desks to the dais. brief statement. and two-thirds of the Senators present not No pressure, right, guys? I would like to begin by thanking the having found him guilty of the charges con- So thank you all very much for your majority leader and the Democratic tained therein, it is, therefore, ordered and adjudged that the said Donald John Trump good work. leader for their support as I attempted be, and he is hereby, acquitted of the charges (Applause.) to carry out ill-defined responsibilities in said articles. Second, the fine men and women of in an unfamiliar setting. They ensured The Chair recognizes the majority the Capitol Police, we know that the that I had wise counsel of the Senate leader. safety of our democracy literally rests itself through its Secretary and her in their hands every single day, but the legislative staff. COMMUNICATION TO THE SECRETARY OF STATE I am especially grateful to the Par- AND TO THE HOUSE OF REPRESENTATIVES heightened measures surrounding the trial meant even more hours and even liamentarian and her deputy for their Mr. MCCONNELL. Mr. Chief Justice, unfailing patience and keen insight. I I send an order to the desk. more work and even more vigilance. The CHIEF JUSTICE. The clerk will Thank you all very much for your am likewise grateful to the Sergeant at report the order. service to this body and to the country. Arms and his staff for the assistance The legislative clerk read as follows: (Applause.) and many courtesies that they ex- The CHIEF JUSTICE. The Chair rec- tended during my period of required Ordered, that the Secretary be directed to ognizes the Democratic leader. communicate to the Secretary of State, as residency. Thank you all for making provided by Rule XXII of the Rules of Proce- Mr. SCHUMER. Mr. Chief Justice, I my presence here as comfortable as dure and Practice in the Senate when sitting join the Republican leader in thanking possible. on impeachment trials, and also to the the personnel who aided the Senate As I depart the Chamber, I do so with House of Representatives, the judgment of over the past several weeks. The Cap- an invitation to visit the Court. By

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.070 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S939 long tradition and in memory of the 135 CLOTURE MOTION The PRESIDING OFFICER. The years we sat in this building, we keep Mr. MCCONNELL. Mr. President, I question is on agreeing to the motion. the front row of the gallery in our send a cloture motion to the desk. The motion was agreed to. courtroom open for Members of Con- The PRESIDING OFFICER. The clo- f gress who might want to drop by to see ture motion having been presented an argument—or to escape one. under rule XXII, the Chair directs the EXECUTIVE SESSION I also depart with sincere good wish- clerk to read the motion. The senior assistant legislative clerk es as we carry out our common com- EXECUTIVE CALENDAR mitment to the Constitution through read as follows: the distinct roles assigned to us by CLOTURE MOTION Mr. MCCONNELL. Mr. President, I that charter. You have been generous We, the undersigned Senators, in accord- move to proceed to executive session to hosts, and I look forward to seeing you ance with the provisions of rule XXII of the consider Calendar No. 565. again under happier circumstances. Standing Rules of the Senate, do hereby The PRESIDING OFFICER. The The Chair recognizes the majority move to bring to a close debate on the nomi- question is on agreeing to the motion. leader. nation of Andrew Lynn Brasher, of Alabama, The motion was agreed to. to be United States Circuit Judge for the f The PRESIDING OFFICER. The Eleventh Circuit. clerk will report the nomination. ADJOURNMENT SINE DIE OF THE Mitch McConnell, Cindy Hyde-Smith, The legislative clerk read the nomi- COURT OF IMPEACHMENT Thom Tillis, John Thune, Mike Crapo, Mike Rounds, Steve Daines, Kevin nation of Matthew Thomas Schelp, of Mr. MCCONNELL. Mr. Chief Justice, Cramer, Richard Burr, John Cornyn, Missouri, to be United States District I move that the Senate, sitting as a Shelley Moore Capito, Todd Young, Judge for the Eastern District of Mis- Court of Impeachment on the Articles John Boozman, David Perdue, James E. souri. against Donald John Trump adjourn Risch, Lindsey Graham, Roger F. CLOTURE MOTION Wicker. sine die. Mr. MCCONNELL. Mr. President, I The motion was agreed to, and at 4:41 f send a cloture motion to the desk. p.m., the Senate, sitting as a Court of LEGISLATIVE SESSION The PRESIDING OFFICER. The clo- Impeachment, adjourned sine die. ture motion having been presented Mr. MCCONNELL. Mr. President, I f move to proceed to legislative session. under rule XXII, the Chair directs the LEGISLATIVE SESSION The PRESIDING OFFICER. The clerk to read the motion. question is on agreeing to the motion. The senior assistant legislative clerk The motion was agreed to. read as follows: ESCORTING OF THE CHIEF CLOTURE MOTION f JUSTICE We, the undersigned Senators, in accord- Whereupon, the Committee of Escort: EXECUTIVE SESSION ance with the provisions of rule XXII of the Mr. BLUNT of Missouri, Mr. LEAHY of Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- Vermont, Mr. GRAHAM of South Caro- EXECUTIVE CALENDAR nation of Matthew Thomas Schelp, of Mis- lina, and Mrs. FEINSTEIN of California, souri, to be United States District Judge for escorted the Chief Justice from the Mr. MCCONNELL. Mr. President, I move to proceed to executive session to the Eastern District of Missouri. Chamber. Mitch McConnell, Cindy Hyde-Smith, The PRESIDING OFFICER (Mrs. consider Calendar No. 563. Thom Tillis, John Thune, Mike Crapo, BLACKBURN). The Sergeant at Arms The PRESIDING OFFICER. The Mike Rounds, Steve Daines, Kevin will escort the House managers out of question is on agreeing to the motion. Cramer, Richard Burr, John Cornyn, the Senate Chamber. The motion was agreed to. Shelley Moore Capito, Todd Young, Whereupon, the Sergeant at Arms es- The PRESIDING OFFICER. The John Boozman, David Perdue, James E. clerk will report the nomination. Risch, Lindsey Graham, Roger F. corted the House managers from the Wicker. Chamber. The legislative clerk read the nomi- The PRESIDING OFFICER. The ma- nation of Joshua M. Kindred, of Alas- f jority leader. ka, to be United States District Judge LEGISLATIVE SESSION Mr. MCCONNELL. I suggest the ab- for the District of Alaska. Mr. MCCONNELL. Mr. President, I CLOTURE MOTION sence of a quorum. move to proceed to legislative session. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The The PRESIDING OFFICER. The send a cloture motion to the desk. clerk will call the roll. question is on agreeing to the motion. The senior assistant legislative clerk The PRESIDING OFFICER. The clo- The motion was agreed to. proceeded to call the roll. ture motion having been presented Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the f ask unanimous consent that the order clerk to read the motion. EXECUTIVE SESSION for the quorum call be rescinded. The senior assistant legislative clerk The PRESIDING OFFICER (Mr. read as follows: CRAMER). Without objection, it is so or- CLOTURE MOTION EXECUTIVE CALENDAR dered. We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I f ance with the provisions of rule XXII of the move to proceed to executive session to Standing Rules of the Senate, do hereby EXECUTIVE SESSION consider Calendar No. 461. move to bring to a close debate on the nomi- The PRESIDING OFFICER. The nation of Joshua M. Kindred, of Alaska, to be United States District Judge for the Dis- question is on agreeing to the motion. EXECUTIVE CALENDAR trict of Alaska. The motion was agreed to. Mr. MCCONNELL. Mr. President, I Mitch McConnell, Cindy Hyde-Smith, The PRESIDING OFFICER. The move to proceed to executive session to Thom Tillis, John Thune, Mike Crapo, clerk will report the nomination. consider Calendar No. 562. Mike Rounds, Steve Daines, Kevin The legislative clerk read the nomi- The PRESIDING OFFICER. The Cramer, Richard Burr, John Cornyn, nation of John Fitzgerald Kness, of Illi- Shelley Moore Capito, Todd Young, question is on agreeing to the motion. nois, to be United States District John Boozman, David Perdue, James E. Judge for the Northern District of Illi- The motion was agreed to. Risch, Lindsey Graham, Roger F. The PRESIDING OFFICER. The Wicker. nois. CLOTURE MOTION clerk will report the nomination. f The legislative clerk read the nomi- Mr. MCCONNELL. Mr. President, I nation of Andrew Lynn Brasher, of Ala- LEGISLATIVE SESSION send a cloture motion to the desk. bama, to be United States Circuit Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The clo- Judge for the Eleventh Circuit. move to proceed to legislative session. ture motion having been presented

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.072 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S940 CONGRESSIONAL RECORD — SENATE February 5, 2020 under rule XXII, the Chair directs the LEGISLATIVE SESSION Works Committee markup. In addition, clerk to read the motion. if I had been present for the floor vote The senior assistant legislative clerk on her nomination and the additional read as follows: MORNING BUSINESS votes outlined below, I would have CLOTURE MOTION Mr. MCCONNELL. Mr. President, I voted in the following way: yes on 2/7/ We, the undersigned Senators, in accord- ask unanimous consent that the Sen- 19 for vote No. 18, motion to table ance with the provisions of rule XXII of the ate resume legislative session and be in amendments to the Natural Resources Standing Rules of the Senate, do hereby a period of morning business, with Sen- Management Act, S. 47, PL 116–9. move to bring to a close debate on the nomi- ators permitted to speak for up to 10 Throughout my time in Congress, I nation of John Fitzgerald Kness, of Illinois, minutes each. have worked to address our Nation’s to be United States District Judge for the most pressing environmental issues Northern District of Illinois. The PRESIDING OFFICER. Without objection, it is so ordered. and have supported aggressive action Mitch McConnell, Mike Crapo, Thom to protect our environment, address Tillis, Mike Rounds, Lamar Alexander, f John Hoeven, Roger F. Wicker, Pat climate change, and reduce air and Roberts, John Thune, Cindy Hyde- TRIBUTE TO DONNA PASQUALINO water pollution. Although I was not present for the votes on the following Smith, John Boozman, Tom Cotton, Mr. GRASSLEY. Mr. President I Chuck Grassley, Kevin Cramer, Steve nominees and legislation on the floor, I would like to recognize a remarkable Daines, Todd Young, John Cornyn. did vote no on the nomination of Senate career that has drawn to a close Aurelia Skipwith to be Director of the f after nearly 30 years. Donna U.S. Fish and Wildlife Service during Pasqualino began her career with the her Senate Environment and Public LEGISLATIVE SESSION Office of the Legislative Counsel in Works Committee markup. In addition, May of 1990. Donna came to the office Mr. MCCONNELL. Mr. President, I if I had been present for the floor vote having spent several years at the Naval ask unanimous consent to move to leg- on her nomination and the additional Research Lab. Hired to serve as a staff islative session. votes outlined below, I would have assistant in the office Donna quickly The PRESIDING OFFICER. The voted in the following way: no on 2/7/19 mastered the job and became a valu- question is on agreeing to the motion. for vote No. 19, motion to table amend- able asset to the office attorneys as The motion was agreed to. ment to the Natural Resources Man- they worked to produce draft legisla- agement Act, S. 47, PL 116–9. f tion for the Senate. In 2001, Donna was Throughout my time in Congress, I promoted to office manager. She flour- have worked to address our Nation’s EXECUTIVE SESSION ished in that position, carrying out her most pressing environmental issues duties with the highest degree of pro- and have supported aggressive action fessionalism keeping the office running to protect our environment, address smoothly and efficiently for the last 20 EXECUTIVE CALENDAR climate change, and reduce air and years. water pollution. Although I was not Mr. MCCONNELL. Mr. President, I Donna is a people person. While present for the votes on the following move to proceed to executive session working for the office, she was fre- nominees and legislation on the floor, I for the consideration of Calendar No. quently seen in the halls of the Senate did vote no on the nomination of 535. office buildings, hustling to the Dis- Aurelia Skipwith to be Director of the The PRESIDING OFFICER. The bursing Office to drop off vouchers and U.S. Fish and Wildlife Service during question is on agreeing to the motion. other important papers for the office, her Senate Environment and Public The motion was agreed to. just doing her daily walk during her Works Committee markup. In addition, The PRESIDING OFFICER. The lunch break to get in some exercise. if I had been present for the floor vote clerk will report the nomination. Whether she was on official office busi- on her nomination and the additional The legislative clerk read the nomi- ness or just getting in some exercise, votes outlined below, I would have nation of Philip M. Halpern, of New Donna always had a smile on her face voted in the following way: no on 4/11/ York, to be United States District or a kind word for the many Senators 19 for vote No. 77, the confirmation of Judge for the Southern District of New and Senate staffers that she met along David Bernhardt to be Secretary of the York. the way. Interior. CLOTURE MOTION Donna is now moving on to a well- Throughout my time in Congress, I Mr. MCCONNELL. Mr. President, I earned retirement. She has relocated have worked to address our Nation’s send a cloture motion to the desk. to the Eastern Shore of Maryland with most pressing environmental issues The PRESIDING OFFICER. The clo- her husband Frank and plans to learn and have supported aggressive action ture motion having been presented to read music, to speak Italian, and to protect our environment, address under rule XXII, the Chair directs the spend more time with her four grand- climate change, and reduce air and clerk to read the motion. children. She departs with the immeas- water pollution. Although I was not The legislative clerk read as follows: urable thanks and gratitude of the present for the votes on the following CLOTURE MOTION staff of the Office of Legislative Coun- nominees and legislation on the floor, I We, the undersigned Senators, in accord- sel and the Senate and with our best did vote no on the nomination of ance with the provisions of rule XXII of the wishes for her and for her family. Aurelia Skipwith to be Director of the Standing Rules of the Senate, do hereby f U.S. Fish and Wildlife Service during move to bring to a close debate on the nomi- her Senate Environment and Public nation of Philip M. Halpern, of New York, to VOTE EXPLANATION Works Committee markup. In addition, be United States District Judge for the Mr. BOOKER. Mr. President, if I had been present for the floor vote Southern District of New York. throughout my time in Congress, I Mitch McConnell, Mike Crapo, Thom on her nomination and the additional Tillis, Mike Rounds, Lamar Alexander, have worked to address our Nation’s votes outlined below, I would have John Hoeven, Roger F. Wicker, Pat most pressing environmental issues voted in the following way: no on 9/24/ Roberts, John Thune, Cindy Hyde- and have supported aggressive action 19 for vote No. 300, the confirmation of Smith, John Boozman, Tom Cotton, to protect our environment, address Daniel Habib Jorjani to be Solicitor of Chuck Grassley, Kevin Cramer, Steve climate change, and reduce air and the Department of the Interior. Daines, Todd Young, John Cornyn. water pollution. Although I was not Throughout my time in Congress, I Mr. MCCONNELL. I ask unanimous present for the votes on the following have worked to address our Nation’s consent that the mandatory quorum nominees and legislation on the floor, I most pressing environmental issues calls for these cloture motions be did vote no on the nomination of and have supported aggressive action waived. Aurelia Skipwith to be Director of the to protect our environment, address The PRESIDING OFFICER. Without U.S. Fish and Wildlife Service during climate change, and reduce air and objection, it is so ordered. her Senate Environment and Public water pollution. Although I was not

VerDate Sep 11 2014 09:41 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G05FE6.079 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S941 present for the votes on the following most pressing environmental issues American troops who stormed the nominees and legislation on the floor, I and have supported aggressive action beaches that morning to free Europe did vote no on the nomination of to protect our environment, address from Nazi tyranny. Aurelia Skipwith to be Director of the climate change, and reduce air and Private Wolfe was part of the elite U.S. Fish and Wildlife Service during water pollution. Although I was not 5th Ranger Battalion charged with si- her Senate Environment and Public present for the votes on the following lencing the guns atop Pointe du Hoc, a Works Committee markup. In addition, nominees and legislation on the floor, I dagger-like cliff well-guarded by Ger- if I had been present for the floor vote did vote no the nomination of Aurelia man defenders. His force landed at on her nomination and the additional Skipwith to be Director of the U.S. Omaha Beach amid intense artillery votes outlined below, I would have Fish and Wildlife Service during her fire, sustaining casualties amid the voted in the following way: no on 9/26/ Senate Environment and Public Works fighting on the beachhead. He was still 19 for vote No. 310, amendment to con- Committee markup. In addition, if I on the beach with his fellow Rangers tinuing appropriations, 2020/health ex- had been present for the floor vote on when MG Norman Cota shouted the tenders, H.R. 4378, PL 116–59. her nomination and the additional order that has now become part of Throughout my time in Congress, I votes outlined below, I would have Ranger lore: ‘‘Rangers, lead the way!’’ have worked to address our Nation’s voted in the following way: yes on 10/31/ Denman Wolfe obeyed this order with most pressing environmental issues 19 for vote No. 340, amendment to fur- distinction over the course of his mili- and have supported aggressive action ther continuing appropriations, 2020, tary service. In addition to fighting on to protect our environment, address H.R. 3055. D-day, Wolfe led the way during the Al- climate change, and reduce air and Throughout my time in Congress, I lied invasions of North Africa and Sic- water pollution. Although I was not have worked to address our Nation’s ily during World War II and later in present for the votes on the following most pressing environmental issues Asia during the Korean war. In total, nominees and legislation on the floor, I and have supported aggressive action he served in the Army for more than 20 did vote no on the nomination of to protect our environment, address years, remaining on Active Duty until Aurelia Skipwith to be Director of the climate change, and reduce air and 1964 and attaining the rank of sergeant U.S. Fish and Wildlife Service during water pollution. Although I was not first class. For this valorous service, her Senate Environment and Public present for the votes on the following Wolfe was awarded the Bronze Star, Works Committee markup. In addition, nominees and legislation on the floor, I Purple Heart, and many other combat if I had been present for the floor vote did vote no on the nomination of decorations. on her nomination and the additional Aurelia Skipwith to be Director of the Denman’s service to his country votes outlined below, I would have U.S. Fish and Wildlife Service during didn’t end once he left the military, voted in the following way: yes on 9/26/ her Senate Environment and Public however. Once marked, a Ranger serves 19 for vote No. 311, passage of con- Works Committee markup. In addition, for life. After settling in Arkansas tinuing appropriations, 2020/health ex- if I had been present for the floor vote after the war, Denman was called to tenders, H.R. 4378, PL 116–59. on her nomination and the additional work for his adopted State as a correc- Throughout my time in Congress, I votes outlined below, I would have tional officer, deputy sheriff, and elec- have worked to address our Nation’s voted in the following way: yes on 10/31/ tion judge. most pressing environmental issues 19 for vote No. 341, passage of further But his heart was always with the and have supported aggressive action continuing appropriations, 2020, H.R. land, where he worked for many years to protect our environment, address 3055. as a rancher. Denman’s many friends climate change, and reduce air and Throughout my time in Congress, I and relatives remember him as an avid water pollution. Although I was not have worked to address our Nation’s outdoorsman who spent his free time present for the votes on the following most pressing environmental issues fishing, hunting, gardening, foraging— nominees and legislation on the floor, I and have supported aggressive action even winemaking. did vote no on the nomination of to protect our environment, address Denman took special joy in sharing Aurelia Skipwith to be Director of the climate change, and reduce air and these hobbies with his family, includ- U.S. Fish and Wildlife Service during water pollution. Although I was not ing his wife, Kay, his two daughters, her Senate Environment and Public present for the votes on the following Lesa and Lori, and his many grand- Works Committee markup. In addition, nominees and legislation on the floor, I children and great-grandchildren. if I had been present for the floor vote did vote no on the nomination of Denman Wolfe was among the great- on her nomination and the additional Aurelia Skipwith to be Director of the est of a great generation. It is fitting votes outlined below, I would have U.S. Fish and Wildlife Service during we honor him for his bravery at age 23 voted in the following way: yes on 10/17/ her Senate Environment and Public as a young private but also for a life- 19 for vote No. 324, passage of the pow- Works Committee markup. In addition, time of service to his country and com- erplant rule disapproval, S.J. Res. 53. if I had been present for the floor vote munity. We honor him for his sake but Throughout my time in Congress, I on her nomination and the additional also to hold up his life as an example have worked to address our Nation’s votes outlined below, I would have worthy of emulation. It is worth noting most pressing environmental issues voted in the following way: no on 12/11/ that Denman has already inspired oth- and have supported aggressive action 19 for vote No. 395, confirmation of ers to follow his lead: his daughter, to protect our environment, address Aurelia Skipwith to be Director of the Lesa, served in the U.S. Army just like climate change, and reduce air and U.S. Fish and Wildlife Service. he did. Let’s hope that many others are water pollution. Although I was not f inspired to serve by his example. present for the votes on the following In every aspect of life, Rangers lead nominees and legislation on the floor, I ADDITIONAL STATEMENTS the way. Denman Wolfe took this did vote no on the nomination of motto to heart during his long life. Aurelia Skipwith to be Director of the Now he is leading the way again, going REMEMBERING DENMAN WOLFE U.S. Fish and Wildlife Service during ahead of us to our eternal home. May her Senate Environment and Public ∑ Mr. COTTON. Mr. President, Denman he rest in peace. Works Committee markup. In addition, Wolfe of Scottsville, AR, was called f if I had been present for the floor vote home to be with the Lord last Thurs- on her nomination and the additional day at age 98. He was Arkansas’s last EXECUTIVE AND OTHER votes outlined below, I would have surviving Army Ranger who served in COMMUNICATIONS voted in the following way: no on 10/31/ the Second World War. The following communications were 19 for vote No. 339, amendment to fur- Denman’s whole life was a portrait of laid before the Senate, together with ther continuing appropriations, 2020, honor, but he will be remembered espe- accompanying papers, reports, and doc- H.R. 3055. cially for his heroic actions at age 23, uments, and were referred as indicated: Throughout my time in Congress, I when he took part in the invasion of EC–3922. A communication from the Acting have worked to address our Nation’s Normandy—one of many thousands of Director, Office of Management and Budget,

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.048 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S942 CONGRESSIONAL RECORD — SENATE February 5, 2020 Executive Office of the President, transmit- By Mr. MORAN, from the Committee on and unstable scheduling practices that nega- ting, pursuant to law, a report entitled Veterans’ Affairs, with an amendment in the tively affect employees, and for other pur- ‘‘OMB Final Sequestration Report to the nature of a substitute and an amendment to poses; to the Committee on Health, Edu- President and Congress for Fiscal Year 2020’’; the title: cation, Labor, and Pensions. to the Special Committee on Aging; Agri- S. 450. A bill to require the Secretary of By Mr. JOHNSON (for himself and Ms. culture, Nutrition, and Forestry; Appropria- Veterans Affairs to carry out a pilot pro- BALDWIN): tions; Armed Services; Banking, Housing, gram to expedite the onboarding process for S. 3257. A bill to designate the facility of and Urban Affairs; the Budget; Commerce, new medical providers of the Department of the United States Postal Service located at Science, and Transportation; Energy and Veterans Affairs, to reduce the duration of 311 West Wisconsin Avenue in Tomahawk, Natural Resources; Environment and Public the hiring process for such medical pro- Wisconsin, as the ‘‘Einar ‘Sarge’ H. Ingman, Works; Select Committee on Ethics; Fi- viders, and for other purposes. Jr. Post Office Building’’; to the Committee nance; Foreign Relations; Health, Education, By Mr. MORAN, from the Committee on on Homeland Security and Governmental Af- Labor, and Pensions; Homeland Security and Veterans’ Affairs, with an amendment: fairs. Governmental Affairs; Indian Affairs; Select S. 850. A bill to extend the authorization of By Mr. WICKER: Committee on Intelligence; the Judiciary; appropriations to the Department of Vet- S. 3258. A bill to foster the implementation Rules and Administration; Small Business erans Affairs for purposes of awarding grants of the policy of the United States to achieve and Entrepreneurship; and Veterans’ Affairs. to veterans service organizations for the 355 battle force ships as soon as practicable; EC–3923. A communication from the Assist- transportation of highly rural veterans. to the Committee on Armed Services. ant Secretary, Office of Electricity, Depart- By Mr. MORAN, from the Committee on f ment of Energy, transmitting, pursuant to Veterans’ Affairs, with an amendment in the law, a report entitled, ‘‘Potential Benefits of nature of a substitute: SUBMISSION OF CONCURRENT AND High-Power, High-Capacity Batteries’’; to S. 2864. A bill to require the Secretary of SENATE RESOLUTIONS the Committee on Appropriations. Veterans Affairs to carry out a pilot pro- EC–3924. A communication from the Assist- gram on information sharing between the The following concurrent resolutions ant Secretary of the Navy (Research, Devel- Department of Veterans Affairs and des- and Senate resolutions were read, and opment, and Acquisition), transmitting, pur- ignated relatives and friends of veterans re- referred (or acted upon), as indicated: suant to law, a report entitled ‘‘Report to garding the assistance and benefits available By Mr. TESTER (for himself, Mr. Congress on Repair of Naval Vessels in For- to the veterans, and for other purposes. eign Shipyards’’; to the Committee on DAINES, Ms. CANTWELL, Ms. SMITH, By Mr. MORAN, from the Committee on Armed Services. Ms. WARREN, Ms. MCSALLY, Mr. EC–3925. A communication from the Acting Veterans’ Affairs, with an amendment and CRAMER, Ms. BALDWIN, Mr. UDALL, Associate General Counsel for Legislation an amendment to the title: Ms. KLOBUCHAR, Mr. ROUNDS, Mr. and Regulations, Office of Community Plan- S. 3182. A bill to direct the Secretary of HEINRICH, Mr. BARRASSO, Mr. ning and Development, Department of Hous- Veterans Affairs to carry out the Women’s HOEVEN, Mrs. FISCHER, and Mr. ing and Urban Development, transmitting, Health Transition Training pilot program THUNE): pursuant to law, the report of a rule entitled through at least fiscal year 2020, and for S. Res. 491. A resolution designating the ‘‘Conforming the Acceptable Separation Dis- other purposes. week beginning February 2, 2020, as ‘‘Na- tance (ASD) Standards for Residential Pro- f tional Tribal Colleges and University Week’’; pane Tanks to Industry Standards’’ to the Committee on the Judiciary. (RIN2506–AC45) received in the Office of the INTRODUCTION OF BILLS AND By Mrs. FEINSTEIN (for herself, Mrs. President of the Senate on February 4, 2020; JOINT RESOLUTIONS MURRAY, Ms. CANTWELL, Ms. MCSALLY, Ms. BALDWIN, Ms. STABE- to the Committee on Banking, Housing, and The following bills and joint resolu- Urban Affairs. NOW, Ms. CORTEZ MASTO, Ms. HIRONO, EC–3926. A communication from the White tions were introduced, read the first Ms. ROSEN, Ms. KLOBUCHAR, Mr. DUR- House Liaison, Department of Education, and second times by unanimous con- BIN, Mrs. GILLIBRAND, Ms. SINEMA, transmitting, pursuant to law, a report rel- sent, and referred as indicated: Ms. DUCKWORTH, Mrs. SHAHEEN, Ms. ative to a vacancy in the position of Assist- By Ms. WARREN (for herself, Mr. MAR- COLLINS, Ms. HARRIS, Mr. LEAHY, Ms. ant Secretary, Office of Legislation and Con- KEY, Mr. MENENDEZ, and Mr. BOOK- SMITH, Ms. HASSAN, and Ms. WAR- gressional Affairs, Department of Education, ER): REN): received in the Office of the President of the S. 3254. A bill to end the epidemic of gun S. Res. 492. A resolution supporting the ob- Senate on February 4, 2020; to the Com- violence and build safer communities by servation of ‘‘National Girls & Women in mittee on Health, Education, Labor, and strengthening Federal firearms laws and sup- Sports Day’’ on February 5, 2020, to raise Pensions. porting gun violence research, intervention, awareness of and celebrate the achievements EC–3927. A communication from the Direc- and prevention initiatives; to the Committee of girls and women in sports; to the Com- tor, Office of Personnel Management, trans- on Finance. mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule By Ms. WARREN (for herself, Mr. tation. entitled ‘‘Prevailing Rate Systems: Defini- BROWN, Mrs. GILLIBRAND, Ms. BALD- By Mr. MCCONNELL (for himself and tion of Johnson County, Indiana, to a Non- WIN, Mr. MERKLEY, Mr. MARKEY, Ms. Mr. SCHUMER): appropriated Fund Federal Wage System HASSAN, Mr. SANDERS, Ms. HIRONO, S. Res. 493. A resolution to authorize testi- Wage area’’ (RIN3206–AN93) received in the Mr. PETERS, Ms. STABENOW, Ms. HAR- mony, documents, and representation in Office of the President of the Senate on Feb- RIS, Mr. BOOKER, Mr. BLUMENTHAL, United States v. Stahlnecker; considered and ruary 4, 2020; to the Committee on Homeland Mr. CARDIN, Ms. SMITH, and Ms. KLO- agreed to. Security and Governmental Affairs. BUCHAR): f EC–3928. A communication from the Gen- S. 3255. A bill to repeal the authority under eral Counsel, Office of Management and the National Labor Relations Act for States ADDITIONAL COSPONSORS Budget, transmitting, pursuant to law, a re- to enact laws prohibiting agreements requir- S. 170 port relative to a vacancy in the position of ing membership in a labor organization as a At the request of Mr. DAINES, the Administrator of the Office of Information condition of employment, and for other pur- and Regulatory Affairs, Office of Manage- poses; to the Committee on Health, Edu- name of the Senator from Maryland ment and Budget, received in the Office of cation, Labor, and Pensions. (Mr. VAN HOLLEN) was added as a co- the President of the Senate on February 4, By Ms. WARREN (for herself, Mr. sponsor of S. 170, a bill to amend the 2020; to the Committee on Homeland Secu- BLUMENTHAL, Mrs. GILLIBRAND, Mr. Internal Revenue Code of 1986 to limit rity and Governmental Affairs. VAN HOLLEN, Ms. BALDWIN, Mr. the amount of certain qualified con- EC–3929. A communication from the Direc- BROWN, Mr. DURBIN, Ms. HARRIS, Mr. tor, Office of Personnel Management, trans- servation contributions. CARDIN, Mr. REED, Mr. BOOKER, Mrs. mitting, pursuant to law, the report of a rule S. 277 FEINSTEIN, Mr. MARKEY, Mr. SAND- entitled ‘‘Prevailing Rate Systems: Redefini- ERS, Mr. WHITEHOUSE, Mr. MURPHY, At the request of Ms. HIRONO, the tion of Certain Appropriated Fund Federal Ms. KLOBUCHAR, Ms. DUCKWORTH, Mr. names of the Senator from New York Wage System Wage Areas’’ (RIN3206–AN87) LEAHY, Mr. SCHUMER, Ms. HIRONO, (Mr. SCHUMER), the Senator from New received in the Office of the President of the Mr. MERKLEY, Mr. WYDEN, and Mrs. Jersey (Mr. BOOKER), the Senator from Senate on February 4, 2020; to the Com- MURRAY): Maryland (Mr. VAN HOLLEN) and the mittee on Homeland Security and Govern- S. 3256. A bill to permit employees to re- mental Affairs. Senator from Wisconsin (Ms. BALDWIN) quire changes to their work schedules with- were added as cosponsors of S. 277, a f out fear of retaliation and to ensure that em- bill to posthumously award a Congres- REPORTS OF COMMITTEES ployers consider these requests, and to require employers to provide more predictable sional Gold Medal to Fred Korematsu, The following reports of committees and stable schedules for employees in certain in recognition of his dedication to jus- were submitted: occupations with evidence of unpredictable tice and equality.

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.017 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S943 S. 296 S. 2085 SCHATZ) and the Senator from Rhode At the request of Mr. CARDIN, the At the request of Ms. ROSEN, the Island (Mr. WHITEHOUSE) were added as names of the Senator from Connecticut name of the Senator from West Vir- cosponsors of S. 3146, a bill to ensure a (Mr. BLUMENTHAL) and the Senator ginia (Mrs. CAPITO) was added as a co- fair process for negotiations of collec- from Washington (Mrs. MURRAY) were sponsor of S. 2085, a bill to authorize tive bargaining agreements under added as cosponsors of S. 296, a bill to the Secretary of Education to award chapter 71 of title 5, United States amend XVIII of the Social Security Act grants to eligible entities to carry out Code. to ensure more timely access to home educational programs about the Holo- S. RES. 234 health services for Medicare bene- caust, and for other purposes. At the request of Mr. MERKLEY, the ficiaries under the Medicare program. S. 2143 name of the Senator from Rhode Island S. 633 At the request of Ms. WARREN, the (Mr. REED) was added as a cosponsor of At the request of Mr. MORAN, the name of the Senator from Illinois (Mr. S. Res. 234, a resolution affirming the names of the Senator from Indiana DURBIN) was added as a cosponsor of S. United States commitment to the two- (Mr. YOUNG), the Senator from Dela- 2143, a bill to amend the Food and Nu- state solution to the Israeli-Pales- ware (Mr. COONS) and the Senator from trition Act of 2008 to expand the eligi- tinian conflict, and noting that Israeli Connecticut (Mr. BLUMENTHAL) were bility of students to participate in the annexation of territory in the West added as cosponsors of S. 633, a bill to supplemental nutrition assistance pro- Bank would undermine peace and award a Congressional Gold Medal to gram, and for other purposes. Israel’s future as a Jewish and demo- the members of the Women’s Army S. 2322 cratic state. Corps who were assigned to the 6888th At the request of Ms. COLLINS, the S. RES. 372 Central Postal Directory Battalion, names of the Senator from Minnesota At the request of Mr. UDALL, the known as the ‘‘Six Triple Eight’’. (Ms. SMITH) and the Senator from Dela- names of the Senator from Vermont S. 983 ware (Mr. COONS) were added as cospon- (Mr. SANDERS) and the Senator from At the request of Mr. COONS, the sors of S. 2322, a bill to amend the Ani- Minnesota (Ms. KLOBUCHAR) were added name of the Senator from Minnesota mal Welfare Act to allow for the retire- as cosponsors of S. Res. 372, a resolu- (Ms. SMITH) was added as a cosponsor ment of certain animals used in Fed- tion expressing the sense of the Senate of S. 983, a bill to amend the Energy eral research. that the Federal Government should Conservation and Production Act to re- S. 2365 establish a national goal of conserving authorize the weatherization assist- At the request of Mr. UDALL, the at least 30 percent of the land and ance program, and for other purposes. name of the Senator from Massachu- ocean of the United States by 2030. S. 1067 setts (Ms. WARREN) was added as a co- S. RES. 458 At the request of Ms. HARRIS, the sponsor of S. 2365, a bill to amend the At the request of Mr. LANKFORD, the name of the Senator from Maryland Indian Health Care Improvement Act name of the Senator from Texas (Mr. (Mr. VAN HOLLEN) was added as a co- to authorize urban Indian organiza- CRUZ) was added as a cosponsor of S. sponsor of S. 1067, a bill to provide for tions to enter into arrangements for Res. 458, a resolution calling for the research to better understand the the sharing of medical services and fa- global repeal of blasphemy, heresy, and causes and consequences of sexual har- cilities, and for other purposes. apostasy laws. assment affecting individuals in the S. 2417 scientific, technical, engineering, and f At the request of Mr. KENNEDY, the mathematics workforce and to exam- name of the Senator from North Caro- SUBMITTED RESOLUTIONS ine policies to reduce the prevalence lina (Mr. TILLIS) was added as a co- and negative impact of such harass- sponsor of S. 2417, a bill to provide for ment, and for other purposes. payment of proceeds from savings SENATE RESOLUTION 491—DESIG- S. 1352 bonds to a State with title to such NATING THE WEEK BEGINNING At the request of Mr. CASEY, the bonds pursuant to the judgment of a FEBRUARY 2, 2020, AS ‘‘NATIONAL names of the Senator from Illinois (Mr. court. TRIBAL COLLEGES AND UNIVER- DURBIN), the Senator from Connecticut SITY WEEK’’ S. 2561 (Mr. BLUMENTHAL), the Senator from At the request of Mr. BLUMENTHAL, Mr. TESTER (for himself, Mr. New Jersey (Mr. MENENDEZ), the Sen- the name of the Senator from Delaware DAINES, Ms. CANTWELL, Ms. SMITH, Ms. ator from Hawaii (Ms. HIRONO), the (Mr. COONS) was added as a cosponsor WARREN, Ms. MCSALLY, Mr. CRAMER, Senator from Illinois (Ms. DUCKWORTH) Ms. BALDWIN, Mr. UDALL, Ms. KLO- and the Senator from New Jersey (Mr. of S. 2561, a bill to amend the Lacey Act Amendments of 1981 to clarify pro- BUCHAR, Mr. ROUNDS, Mr. HEINRICH, Mr. BOOKER) were added as cosponsors of S. BARRASSO, Mr. HOEVEN, Mrs. FISCHER, 1352, a bill to establish a Federal Advi- visions enacted by the Captive Wildlife Safety Act, to further the conservation and Mr. THUNE) submitted the fol- sory Council to Support Victims of lowing resolution; which was referred Gun Violence. of certain wildlife species, and for other purposes. to the Committee on the Judiciary: S. 1757 S. 2722 S. RES. 491 At the request of Ms. ERNST, the Whereas there are 37 Tribal Colleges and name of the Senator from Georgia At the request of Ms. ERNST, the name of the Senator from Florida (Mr. Universities operating on more than 75 cam- (Mrs. LOEFFLER) was added as a cospon- puses in 16 States; sor of S. 1757, a bill to award a Congres- SCOTT) was added as a cosponsor of S. Whereas Tribal Colleges and Universities sional Gold Medal, collectively, to the 2722, a bill to prohibit agencies from are tribally chartered or federally chartered United States Army Rangers Veterans using Federal funds for publicity or institutions of higher education and thereof World War II in recognition of their propaganda purposes, and for other fore have a unique relationship with the Fed- extraordinary service during World purposes. eral Government; War II. S. 3095 Whereas Tribal Colleges and Universities serve students from more than 230 federally At the request of Ms. WARREN, the S. 1902 recognized Indian tribes; At the request of Mr. CASEY, the name of the Senator from New York Whereas Tribal Colleges and Universities name of the Senator from Minnesota (Mrs. GILLIBRAND) was added as a co- offer students access to knowledge and skills (Ms. SMITH) was added as a cosponsor sponsor of S. 3095, a bill to develop vol- grounded in cultural traditions and values, of S. 1902, a bill to require the Con- untary guidelines for accessible post- including indigenous languages, which— sumer Product Safety Commission to secondary electronic instructional ma- (1) enhances Indian communities; and promulgate a consumer product safety terials and related technologies, and (2) enriches the United States as a nation; for other purposes. Whereas Tribal Colleges and Universities rule for free-standing clothing storage provide access to high-quality postsecondary units to protect children from tip-over S. 3146 educational opportunities for— related death or injury, and for other At the request of Mr. CARDIN, the (1) American Indians; purposes. names of the Senator from Hawaii (Mr. (2) Alaska Natives; and

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.014 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE S944 CONGRESSIONAL RECORD — SENATE February 5, 2020 (3) other individuals that live in some of (1) features many contributions made by resolution; which was considered and the most isolated and economically de- female athletes that have enriched the na- agreed to: pressed areas in the United States; tional life of the United States; and S. RES. 493 Whereas Tribal Colleges and Universities (2) includes inspiring figures, such as Ger- are accredited institutions of higher edu- trude Ederle, Wilma Rudolph, Althea Gibson, Whereas, in the case of United States v. cation that prepare students to succeed in Mildred Ella ‘‘Babe’’ Didrikson Zaharias, and Stahlnecker, Cr. No. 19–394, pending in the the global and highly competitive workforce; Patty Berg, who overcame difficult obstacles United States District Court for the Central Whereas Tribal Colleges and Universities in their own lives— District of California, the prosecution has re- have open enrollment policies, and approxi- (A) to advance participation by women in quested the production of testimony, and, if mately 15 percent of the students at Tribal sports; and necessary, documents from Sarah Harms, an Colleges and Universities are non-Indian in- (B) to set positive examples for the gen- employee of the office of Senator Sherrod dividuals; and erations of female athletes who continue Brown, Leah Uhrig, a former employee of Whereas the collective mission and the to inspire people in the United States that office, and, Kylie Rutherford, an em- considerable achievements of Tribal Colleges today; ployee of the office of Senator Shelley Moore and Universities deserve national recogni- Whereas the United States must do all it Capito; tion: Now, therefore, be it can to support the bonds built between all Whereas, pursuant to sections 703(a) and Resolved, That the Senate— athletes to break down the barriers of dis- 704(a)(2) of the Ethics in Government Act of (1) designates the week beginning February crimination, inequality, and injustice; 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the 2, 2020, as ‘‘National Tribal Colleges and Uni- Whereas girls and young women in minor- Senate may direct its counsel to represent versities Week’’; and ity communities are doubly disadvantaged current and former employees of the Senate (2) calls on the people of the United States because— with respect to any subpoena, order, or re- and interested groups to observe National (1) schools in minority communities have quest for testimony relating to their official Tribal Colleges and Universities Week with fewer athletic opportunities than schools in responsibilities; appropriate activities and programs to dem- other communities; and Whereas, by the privileges of the Senate of onstrate support for Tribal Colleges and Uni- (2) the limited resources for athletic oppor- the United States and Rule XI of the Stand- versities. tunities in minority communities are not ing Rules of the Senate, no evidence under the control or in the possession of the Senate f evenly distributed between male and female students; may, by the judicial or administrative proc- SENATE RESOLUTION 492—SUP- Whereas the 5-time World Cup champion ess, be taken from such control or possession PORTING THE OBSERVATION OF United States Women’s National Soccer but by permission of the Senate; and ‘‘NATIONAL GIRLS & WOMEN IN Team is leading the fight for equal pay for Whereas, when it appears that evidence SPORTS DAY’’ ON FEBRUARY 5, female athletes; under the control or in the possession of the 2020, TO RAISE AWARENESS OF Whereas, with the recent enactment of Senate may promote the administration of laws such as the Protecting Young Victims justice, the Senate will take such action as AND CELEBRATE THE ACHIEVE- will promote the ends of justice consistent MENTS OF GIRLS AND WOMEN IN from Sexual Abuse and Safe Sport Author- ization Act of 2017 (Public Law 115–126; 132 with the privileges of the Senate: Now, SPORTS Stat. 318), Congress has taken steps— therefore be it Mrs. FEINSTEIN (for herself, Mrs. (1) to protect female athletes from the Resolved, That Sarah Harms and Leah Uhrig, current and former employees, respec- MURRAY, Ms. CANTWELL, Ms. MCSALLY, crime of sexual abuse; and tively, of Senator Brown’s office, and Kylie Ms. BALDWIN, Ms. STABENOW, Ms. COR- (2) to empower athletes to report sexual abuse when it occurs; and Rutherford, a current employee of Senator TEZ MASTO, Ms. HIRONO, Ms. ROSEN, Ms. Capito’s office, and any other current or KLOBUCHAR, Mr. DURBIN, Mrs. GILLI- Whereas, with increased participation by women and girls in sports, it is more impor- former employee of the Senators’ offices BRAND, Ms. SINEMA, Ms. DUCKWORTH, tant than ever to ensure the safety and well- from whom relevant evidence may be nec- Mrs. SHAHEEN, Ms. COLLINS, Ms. HAR- being of athletes by protecting them from essary, are authorized to testify and produce RIS, Mr. LEAHY, Ms. SMITH, Ms. HAS- the crime of sexual abuse, which has harmed documents in the case of United States v. SAN, and Ms. WARREN) submitted the so many young athletes within youth ath- Stahlnecker, except concerning matters for following resolution; which was re- letic organizations: Now, therefore, be it which a privilege should be asserted. ferred to the Committee on Commerce, Resolved, That the Senate supports— SEC. 2. The Senate Legal Counsel is author- Science, and Transportation: (1) observing ‘‘National Girls & Women in ized to represent any current or former employees of Senators Brown and Capito in con- S. RES. 492 Sports Day’’ on February 5, 2020, to recognize— nection with the production of evidence au- Whereas athletic participation helps de- (A) the female athletes who represent thorized in section one of this resolution. velop self-discipline, initiative, confidence, schools, universities, and the United States Mr. MCCONNELL. Mr. President, on and leadership skills, and opportunities for in their athletic pursuits; and behalf of myself and the distinguished athletic participation should be available to (B) the vital role that the people of the Democratic leader, Mr. SCHUMER, I all individuals; United States have in empowering girls and send to the desk a resolution author- Whereas, because the people of the United women in sports; States remain committed to protecting izing the production of testimony, doc- (2) marking the observation of National equality, it is imperative to eliminate the uments, and representation by the Sen- Girls & Women in Sports Day with appro- existing disparities between male and female ate Legal Counsel, and ask for its im- priate programs and activities, including youth athletic programs; mediate consideration. legislative efforts— Whereas the share of athletic participation (A) to ensure equal pay for female athletes; Mr. President, this resolution con- opportunities of high school girls has in- and cerns a request for evidence in a crimi- creased more than sixfold since the enact- (B) to protect young athletes from the nal action pending in California Fed- ment of title IX of the Education Amend- crime of sexual abuse so that future genera- eral district court. In this action, the ments of 1972 (20 U.S.C. 1681 et seq.) (referred tions of female athletes will not have to ex- to in this preamble as ‘‘title IX’’), but high defendant is charged with making perience the pain that so many female ath- school girls still experience— threatening telephone calls last year to (1) a lower share of athletic participation letes have had to endure; and the Washington, D.C. offices of Senator (3) all ongoing efforts— opportunities than high school boys; and SHERROD BROWN and Senator SHELLEY (2) a lower level of athletic participation (A) to promote equality in sports, including equal pay and equal access to athletic MOORE CAPITO. Trial is scheduled to opportunities than high school boys enjoyed commence on February 11, 2020. almost 50 years ago; opportunities for girls and women; and Whereas female participation in college (B) to support the commitment of the The prosecution is seeking testimony sports has nearly tripled since the enact- United States to expanding athletic partici- at trial from three Senate witnesses ment of title IX, but female college athletes pation for all girls and future generations of who received the telephone calls at still only comprise 44 percent of the total women athletes. issue: current employees of Senator collegiate athlete population; f BROWN’s and Senator CAPITO’s offices Whereas, in 1972, women coached more and a former employee of Senator SENATE RESOLUTION 493—TO AU- than 90 percent of collegiate women’s teams, BROWN’s office. Senators BROWN and but now women coach less than 50 percent of THORIZE TESTIMONY, DOCU- CAPITO would like to cooperate with all collegiate women teams, and there is a MENTS, AND REPRESENTATION need to restore women to those positions to this request by providing relevant em- IN UNITED STATES V. ployee testimony and, if necessary, ensure fair representation and provide role STAHLNECKER models for young female athletes; documents from their offices. Whereas the long history of women in Mr. MCCONNELL (for himself and The enclosed resolution would au- sports in the United States— Mr. SCHUMER) submitted the following thorize those staffers, and any other

VerDate Sep 11 2014 09:40 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A05FE6.016 S05FEPT1 dlhill on DSKBBY8HB2PROD with SENATE February 5, 2020 CONGRESSIONAL RECORD — SENATE S945 current or former employee of the Sen- Fichtner, of the District of Columbia, (The resolution, with its preamble, is ators’ offices from whom relevant evi- to be a Member of the Social Security printed in today’s RECORD under ‘‘Sub- dence may be necessary, to testify and Advisory Board. mitted Resolutions.’’) produce documents in this action, with COMMITTEE ON VETERANS’ AFFAIRS f representation by the Senate Legal The Committee on Veterans’ Affairs Counsel. is authorized to meet during the ses- ORDERS FOR THURSDAY, FEB- f sion of the Senate on Wednesday, Feb- RUARY 6, 2020, AND MONDAY, ruary 5, 2020, at 9:30 a.m., to conduct a FEBRUARY 10, 2020 AUTHORITY FOR COMMITTEES TO hearing. Mr. MCCONNELL. Mr. President, I MEET SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that when the Mr. MCCONNELL. Mr. President, I The Select Committee on Intel- Senate completes its business today, it have 5 requests for committees to meet ligence is authorized to meet during adjourn until 11:30 a.m., Thursday, during today’s session of the Senate. the session of the Senate on Wednes- February 6, for a pro forma session They have the approval of the Majority day, February 5, 2020, at 10 a.m., to only, with no business being conducted; and Minority leaders. conduct a closed briefing. further, that when the Senate adjourns Pursuant to rule XXVI, paragraph on Thursday, February 6, it next con- 5(a), of the Standing Rules of the Sen- f vene at 3 p.m. on Monday, February 10; ate, the following committees are au- further, that following the prayer and thorized to meet during today’s session AUTHORIZING TESTIMONY, DOCU- pledge, the morning hour be deemed of the Senate: MENTS, AND REPRESENTATION expired, the Journal of proceedings be COMMITTEE ON COMMERCE, SCIENCE, AND IN UNITED STATES V. approved to date, the time for the two TRANSPORTATION STAHLNECKER leaders be reserved for their use later The Committee on Commerce, Mr. MCCONNELL. Mr. President, I in the day, and morning business be Science, and Transportation is author- ask unanimous consent that the Sen- closed; further, that following leader ized to meet during the session of the ate proceed to the consideration of S. remarks, the Senate proceed to execu- Senate on Wednesday, February 5, 2020, Res. 493, submitted earlier today. tive session and resume consideration at 10 a.m., to conduct a hearing. The PRESIDING OFFICER. The of the Brasher nomination; finally, COMMITTEE ON ENVIRONMENT AND PUBLIC clerk will report the resolution by that notwithstanding the provisions of WORKS title. rule XXII, the cloture motions filed The Committee on Environment and The legislative clerk read as follows: during today’s session ripen at 5:30 Public Works is authorized to meet A resolution (S. Res. 493) to authorize tes- p.m. on Monday. during the session of the Senate on timony, documents, and representation in The PRESIDING OFFICER. Without Wednesday, February 5, 2020, at 10 a.m., United States v. Stahlnecker. objection, it is so ordered. to conduct a hearing. There being no objection, the Senate f COMMITTEE ON FINANCE proceeded to consider the resolution. The Committee on Environment and Mr. MCCONNELL. I ask unanimous ADJOURNMENT UNTIL 11:30 A.M. Public Works is authorized to meet consent that the resolution be agreed TOMORROW during the session of the Senate on to, the preamble be agreed to, and the Mr. MCCONNELL. Mr. President, if Wednesday, February 5, 2020, at 10 a.m., motions to reconsider be considered there is no further business to come be- to conduct a hearing on the following made and laid upon the table with no fore the Senate, I ask unanimous con- nominations: Kipp Kranbuhl, of Ohio, intervening action or debate. sent that it stand adjourned under the to be an Assistant Secretary of the The PRESIDING OFFICER. Without previous order. Treasury, Sarah C. Arbes, of Virginia, objection, it is so ordered. There being no objection, the Senate, to be an Assistant Secretary of Health The resolution (S. 493) was agreed to. at 5:15 p.m., adjourned until Thursday, and Human Services, and Jason J. The preamble was agreed to. February 6, 2020 at 11:30 a.m.

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REMEMBERING THOMAS J. HONORING MARY BUTLER Born January 12, 1920, Frank has collected MCKENNA a century’s worth of memories, many of which HON. MIKE THOMPSON began with his childhood in and around Carbondale. In fact, his family doctor had to HON. HALEY M. STEVENS OF CALIFORNIA trudge through snow on horseback to reach OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Frank’s mother in labor and help deliver the IN THE HOUSE OF REPRESENTATIVES Wednesday, February 5, 2020 baby. When World War II broke out, Frank Wednesday, February 5, 2020 Mr. THOMPSON of California. Madam selflessly joined in the effort as a member of Ms. STEVENS. Madam Speaker, I rise Speaker, I rise today to honor Mary Butler and the U.S. Navy. today in memory of Tom McKenna, who to celebrate her retirement after 27 years of He is widely regarded as a great storyteller passed away on December 11th after a coura- public service to Napa County. who loves to give back to his friends and geous battle with two rare forms of leukemia Ms. Butler began her career when she grad- neighbors. In years past, Frank has visited nu- at the age of 78. uated from Sonoma State University with a merous local schools to tell students about his Tom was born on August 11, 1941 in Chi- Bachelor’s in Psychology and a Master’s in experiences during the Great Depression and cago to Charles and Dorothy McKenna. He Counseling. Since then, her tenure has been teach them the lessons he learned along the was a proud south-sider, an avid Notre Dame marked by both practicality and purpose. As a way. He spent his recent birthday celebrating, and Chicago Bears fan, and a passionate golf- crisis worker, she began her career managing drinking and eating with his children and doz- er. children’s mental health at the Child Welfare ens of friends at his local church. I can think Tom is survived by his wife Karin of 36 Services Court Unit and supervised behavioral of no better way to mark a milestone. years, daughter Mary Kate Battles, son Matt health for their Mental Health Divisions. Madam Speaker, please join me in recog- McKenna, grandson Max Battles, son-in-law In 2002, Ms. Butler led the Napa County nizing Frank Owen for this great milestone. On Joseph Battles, daughter-in-law Maggie Shine Probation Department where she championed behalf of Southern Illinois, happy birthday. as well as his brothers Chuck, Dan and Jim, important issues like implementing Evidence Based Practice (EBP), a practice designed to and many nieces and nephews. He also f leaves behind many dear, wonderful golfing identify and treat the reasons people commit friends at Sand Creek Country Club and the crime, and was instrumental in the passing of CONGRATULATING DELTACON many work friends he made over his 40-year AB 109, legislation that transferred jurisdiction GLOBAL FOR EARNING THE HIRE career in the steel industry. of juvenile offenders from the state govern- VETS MEDALLION DEMONSTRA- Tom will be remembered for being a fiercely ment to the county government. Her passion TION AWARD loyal companion, father, grandfather and for restorative justice is a mark of compassion friend, and for his positive outlook on life. that has set the tone for the future of juvenile HON. PETE OLSON ‘‘Every day is a good day’’ was a phrase he justice in Napa County and across the State of said each day, which is a memory that will California. OF TEXAS continue to inspire everyone who knew him. As the President of the Chief Probation Offi- IN THE HOUSE OF REPRESENTATIVES cers of California, she was responsible for f opening the Napa County Juvenile Justice Wednesday, February 5, 2020 HONORING BURKE DALTON Center. Through Ms. Butler’s efforts and lead- Mr. OLSON. Madam Speaker, I rise today ership, Napa County has effectively diverted to congratulate Deltacon Global for earning an youth offenders from juvenile hall and left sig- HON. SAM GRAVES Honoring Investments in Recruiting and Em- nificantly more juvenile hall beds empty. And ploying American Military Veterans (HIRE OF MISSOURI now, after 17 years of service as the Chief Vets) Medallion Program Demonstration IN THE HOUSE OF REPRESENTATIVES Probation Officer, Ms. Butler is the current, Award. longest-tenured Chief in the State of Cali- Wednesday, February 5, 2020 As a Navy veteran, I know all too well the fornia. incredible sacrifices our veterans make while Mr. GRAVES of Missouri. Madam Speaker, Madam Speaker, thanks to Mary Butler’s protecting America from dangers both foreign I proudly pause to recognize Burke Dalton. work, many children have been taught how to and domestic, often risking life and limb. Burke is a very special young man who has succeed regardless of their circumstances. Deltacon Global has gone above and beyond exemplified the finest qualities of citizenship She is a community hero, visionary and an ex- helping veterans successfully transition into and leadership by taking an active part in the ample of public service for us all. It is there- the private sector at the conclusion of their Boy Scouts of America, Troop 96, and earning fore fitting and proper that we honor Mary But- service. the most prestigious award of Eagle Scout. ler here today. The Hire Medallion was awarded to Burke has been very active with his troop, f participating in many scout activities. Over the Deltacon Global for their efforts recruiting, hir- many years Burke has been involved with HONORING FRANK OWEN OF ing and training veterans for their business. As scouting, he has not only earned numerous CARBONDALE, IL our nation’s military transition from active duty merit badges, but also the respect of his fam- to veteran status, their skills and talent are ily, peers, and community. Most notably, HON. MIKE BOST needed in our nation’s workforce. I’m pleased to see companies like Deltacon Global tapping Burke has contributed to his community OF ILLINOIS into this incredible talent. through his Eagle Scout project. Burke orga- IN THE HOUSE OF REPRESENTATIVES nized and sold memorabilia from the archives On behalf of the Twenty-Second Congres- of Village of Jameson, Missouri, as a fund- Wednesday, February 5, 2020 sional District of Texas, I congratulate raiser for the Village. Mr. BOST. Madam Speaker, I rise today to Deltacon Global, on their achievement. Their Madam Speaker, I proudly ask you to join honor Frank Owen of Carbondale, Illinois upon commitment to bettering the lives of our name in commending Burke Dalton for his ac- the celebration of his 100th birthday. Frank tion’s veterans is an inspiring example of the complishments with the Boy Scouts of Amer- has lived an eventful and fruitful life filled with many ways American businesses can thank ica and for his efforts put forth in achieving the laughs, family, and a commitment to his coun- our veterans for their service by providing highest distinction of Eagle Scout. try and community. them with the dignity of work.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\K05FE8.001 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E132 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2020 HONORING LACHLAN CHARLES only Five Star Bank grow but has facilitated CONGRATULATING ASHLEY LIN ON GIBSON success for numerous local startup ventures. BECOMING A DISTINGUISHED FI- NALIST IN THE PRUDENTIAL Patricia ‘Trish’ Rodriguez, Senior Vice Presi- HON. SAM GRAVES SPIRIT OF COMMUNITY AWARDS dent and Area Manager of Kaiser Permanente PROGRAM OF MISSOURI since 2010 is the 2019 Businesswoman of the IN THE HOUSE OF REPRESENTATIVES Year. A longtime RN, Ms. Rodriguez is re- Wednesday, February 5, 2020 sponsible for the provision of health care to HON. JAIME HERRERA BEUTLER Mr. GRAVES of Missouri. Madam Speaker, more than 247,000 Kaiser Permanente mem- OF WASHINGTON I proudly pause to recognize Lachlan Charles bers in the South Sacramento County area. IN THE HOUSE OF REPRESENTATIVES Gibson. Lachlan is a very special young man Ms. Rodriguez works to improve not only com- who has exemplified the finest qualities of citi- munity health, but economic health in our re- Wednesday, February 5, 2020 zenship and leadership by taking an active gion and in addition to her Board role with the Ms. HERRERA BEUTLER. Madam Speak- part in the Boy Scouts of America, Troop 96, Sacramento Metro Chamber, is a Board Mem- and earning the most prestigious award of er, I rise today to recognize and congratulate ber for the American Heart Association. Eagle Scout. Ashley Lin of Vancouver, Washington, on be- Lachlan has been very active with his troop, The Salvation Army is being inducted into coming a distinguished finalist and top volun- participating in many scout activities. Over the the Centennial Business Hall of Fame. Started teer in the 2020 Prudential Spirit of Commu- many years Lachlan has been involved with in 1865, the Salvation Army aims to reach our nity Awards program. scouting, he has not only earned numerous most vulnerable community members through These annual awards were founded in 1995 merit badges, but also the respect of his fam- a variety of compassionate services. From to highlight individuals’ service to our commu- ily, peers, and community. Most notably, youth programs, to adult rehabilitation centers, nities, and to encourage younger members of Lachlan has contributed to his community the Salvation Army provides services to com- this nation to continue this tradition early on through his Eagle Scout project. Lachlan re- munity members at every stage of their lives. and throughout their lives. modeled the concession stand at Dockery They have locations in virtually every section Ashley, a junior at Union High School in Park in Gallatin, Missouri. Southwest Washington, founded and runs the Madam Speaker, I proudly ask you to join of the world, helping in over 100 hundred countries. organization ‘‘Project Exchange.’’ This organi- me in commending Lachlan Charles Gibson zation has been central in recruiting partici- for his accomplishments with the Boy Scouts Honey has been named the 2019 Small pants, designing curriculum, and securing of America and for his efforts put forth in Business of the Year. Founded in 2008, the funding to bring cross-cultural learning experi- achieving the highest distinction of Eagle female-led design and marketing studio has ences to 250 middle and high school students Scout. expertise in food, beverage, and agriculture in- from over 20 countries. She attributes the mo- f dustries. Honey is committed to creating the tivation to create this program to her time IN RECOGNITION OF SACRAMENTO best and most aesthetic designs for their cli- serving as a U.S. Youth Ambassador to Uru- AREA BUSINESS LEADERS ents and are passionate about their craft. guay. They have been developing designs for over Once again, I want to extend my sincerest HON. DORIS O. MATSUI ten years for industries such as winemakers, congratulations to Ashley on becoming a dis- OF CALIFORNIA restaurants, events, and cannabis. tinguished finalist in this program. I also applaud Ashley for bringing these opportunities IN THE HOUSE OF REPRESENTATIVES Debra Oto-Kent, Founder and Executive Di- to students from all over the world, and en- Wednesday, February 5, 2020 rector of the Health Education Council, is re- hancing their educational experiences. Ms. MATSUI. Madam Speaker, I rise today ceiving the 2019 Al Geiger Memorial Award. to recognize the many outstanding business She founded the Council over twenty-eight f leaders in California’s Capital Region being years ago in order to reduce health disparities honored at the Sacramento Metropolitan between communities. The Council builds HONORING GABRIEL HACKING Chamber of Commerce’s 125th annual dinner partnerships with existing institutions in order and business awards ceremony. Those being to share resources and knowledge across the HON. SAM GRAVES honored are dedicated to the success of the greater health community. region and have worked tirelessly to advance OF MISSOURI Bill Mueller, CEO of Valley Vision, is receiv- its economic vitality. I ask all my colleagues to IN THE HOUSE OF REPRESENTATIVES join me in honoring these fine Sacramentans, ing the 2019 Peter McCuen Award for Civic and in thanking the Sacramento Metropolitan Entrepreneurs. For thirteen years, Mr. Mueller Wednesday, February 5, 2020 has taken on complex challenges and has Chamber of Commerce for its tireless efforts Mr. GRAVES of Missouri. Madam Speaker, to promote business in northern California. pushed community inspired and researched I proudly pause to recognize Gabriel Hacking. Kevin Nagle, a businessman, key investor based solutions through his role of CEO. He Gabriel is a very special young man who has and CEO of the Sacramento Republic FC and has had a big role in improving the Sac- exemplified the finest qualities of citizenship minority owner of the Sacramento Kings, is ramento area’s diverse communities. and leadership by taking an active part in the being honored as the 2019 Sacramentan of Boy Scouts of America, Troop 96, and earning the Year. Mr. Nagel has demonstrated his Verna Sulpizio Hull, Director of Strategic the most prestigious award of Eagle Scout. commitment to this city year after year, help- Partnerships at Visit Sacramento, is the 2019 ing to ensure the Kings stayed in Sacramento Metro EDGE Young Professional of the Year. Gabriel has been very active with his troop, and taking the Sacramento Republic FC from Verna has been working to integrate local participating in many scout activities. Over the a startup team to a Major League Soccer or- partnerships and businesses into Sac- many years Gabriel has been involved with ganization. Mr. Nagle is a tremendous advo- ramento’s tourism economy allowing for higher scouting, he has not only earned numerous merit badges, but also the respect of his fam- cate and has brought a much-needed energy revenues and a larger growth in Sacramento’s ily, peers, and community. Most notably, Ga- and vigor to our region. economy. James Beckwith, President & CEO of Five briel has contributed to his community through Star Bank since 2003 and Board of Director of Madam Speaker, I am honored to recognize his Eagle Scout project. Gabriel rehabilitated the Greater Sacramento Economic Council, is these individuals and businesses for their con- the rear entrance of the Active Aging Re- the 2019 Businessman of the Year. Mr. tributions to the Sacramento region that I love. source Center in Gallatin, Missouri, clearing Beckwith serves his clients with an entrepre- I ask all my colleagues to join me in com- weeds and painting the back and side walls of neurial and empathetic spirit and believes in mending them for their unwavering commit- the building. helping our region grow. Throughout his ten- ment to the Sacramento region. Madam Speaker, I proudly ask you to join ure with Five Star Bank, Mr. Beckwith has in- me in commending Gabriel Hacking for his ac- vested deeply in our community though not complishments with the Boy Scouts of Amer- only Five Star Bank, but his involvement in the ica and for his efforts put forth in achieving the Sacramento Angels. His work has helped not highest distinction of Eagle Scout.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K05FE8.003 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 5, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E133 HONORING PASSAIC CHIEF OF HONORING THE LIFE OF ROBERT Science in Communications. She has used POLICE LUIS GUZMAN ‘‘BOB’’ M. SANDERS her ability to connect with others in her important work at the Sonoma County Veterans HON. BILL PASCRELL, JR. HON. JIM COSTA Services Office. As the Senior Veterans Serv- OF NEW JERSEY OF CALIFORNIA ice Specialist, Mrs. Castle has spent over a IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES decade supporting and encouraging veterans and their families in meaningful and lasting Wednesday, February 5, 2020 Wednesday, February 5, 2020 ways. She recognizes the incredible sacrifices Mr. PASCRELL. Madam Speaker, I rise on Mr. COSTA. Madam Speaker, I rise today to that our nation’s men and women in uniform this year’s Dominicans on the Hill Day to rec- pay tribute to the life of my friend, Mr. Robert make, and she works tirelessly each day to ognize an invaluable member of the City of ‘‘Bob’’ M. Sanders, who passed away on De- ensure that every veteran receives the proper Passaic community, Chief of Police Luis cember 17, 2019. Bob was a selfless public care and benefits that they are entitled to. Guzman. Chief Guzman is an accomplished, servant and hardworking American citizen, Mrs. Castle is extraordinary in many ways. twenty-nine-year veteran of the City of Passaic who left an impact on those who had the She consistently makes time to serve in var- Police Department, where he rose through the pleasure of knowing him. ious capacities in our community. She has ranks to be appointed as the first ever Domini- Bob was born in Tulare, California and spent years helping those that struggle with can-born Chief of Police of the City of Passaic raised in Merced. He graduated from Merced addiction as a mentor for Alcoholics Anony- on July 10, 2017. High School and went on to attend California mous. She is an active member in her local Chief Guzman began his law enforcement Polytechnic University, San Luis Obispo. Bob church congregation where she enjoys serving career as a correction officer with the Passaic joined the California National Guard and at- as a liturgist. Those who know her best say County Sheriff’s Department in January 1990. tended artillery school in Fort Still, Oklahoma. that she is direct and honest. She has a big Later that year he was hired as a police officer On his flight home after his initial service, he heart and is willing to do everything in her by the City of Passaic, becoming the first Do- was seated next to California Assemblyman power to help the people around her. minican-born officer in the city’s history. While Gordan Winton, which would send his career Madam Speaker, Mrs. Castle is the kind of in the New Jersey State Police Academy, he path in a new direction. Assemblyman Winton citizen we should all strive to be. Her retire- received the Distinguished Graduate Award for hired Bob as his aide in his Sacramento office ment marks the end of a decade of committed ranking at the top of his class. He served as and he also worked on his campaign in 1966. service. Though her important contributions at a beat officer for the subsequent three years After Assemblyman Winton declined to run for Sonoma County Veterans Services Office will and a patrol officer for the next four before reelection, Bob ran for the seat himself. During be greatly missed, we know and trust that she being assigned to the Detective Bureau in the the 1968 California primary, Bob traveled the will continue to devote her time and energy to Passaic County Sheriff’s Department as a Central Valley with presidential candidate Rob- serving all in our community. It is therefore fit- criminal investigator. ert Kennedy, one of his most treasured memo- ting and proper that we honor her here today. ries. In February 2000, Chief Guzman was pro- f moted to Sergeant and assigned to supervise Bob met the love of his life, Suzanne White detectives, concurrently working in the patrol while they both worked for the United Teach- HONORING ZAYDEN HACKING division of his department’s Community Polic- ers of Los Angeles. Bob eventually moved on ing Unit. In October 2004, he was promoted to to work as Chief of Staff for Los Angeles City HON. SAM GRAVES Councilman Zev Yaroslavsky. Later in life, he Lieutenant, where he held the position of OF MISSOURI worked for Rusty Areias and served as my Commander of several patrol shifts, the Detec- IN THE HOUSE OF REPRESENTATIVES tive Bureau, and the Internal Affairs Division. first district director after my election to the In September 2011, Chief Guzman was pro- House of Representatives. Assembly Speak- Wednesday, February 5, 2020 moted to Captain and was assigned to comer’s Office and the Senate Democratic Cau- Mr. GRAVES of Missouri. Madam Speaker, mander of all uniformed divisions. In October cus. Bob’s impressive career made him a well- I proudly pause to recognize Zayden Hacking. 2013, he was promoted to Deputy Chief and respected figure in California politics. Zayden is a very special young man who has assigned to oversee the operations division. In Outside of politics, Bob enjoyed poetry, exemplified the finest qualities of citizenship July 2017, Chief Guzman was made the first sports, and wrote scripts, directed and did and leadership by taking an active part in the ever Dominican-born Chief of Police in the voiceovers for military training films. Bob loved Boy Scouts of America, Troop 96, and earning City of Passaic, promoted by Mayor Hector his family most of all and enjoyed being the most prestigious award of Eagle Scout. Carlos Lora, also of Dominican heritage. around his beloved friends. His knowledge of Zayden has been very active with his troop, During his tenure at the helm of the Passaic political trivia and baseball statistics was un- participating in many scout activities. Over the Police Department, Chief Guzman has man- matched. many years Zayden has been involved with aged a department that has presided over a Bob was preceded in death by his father scouting, he has not only earned numerous substantial reduction in crime. Marvin, mother Anna, and his younger sister, merit badges, but also the respect of his fam- For over twenty-five years, Chief Guzman Jo Anna. ily, peers, and community. Most notably, Bob is survived by his wife, Suzanne, has given back to his community through one Zayden has contributed to his community daughter Erica, by his brothers Jim and Jeff, of his foremost passions, baseball. Chief through his Eagle Scout project. Zayden reha- and his many cousins, nieces, and nephews. Guzman has volunteered to coach youth bilitated the back alley and storage area of the Madam Speaker, I ask my colleagues to join baseball from T-ball to the American Legion Gallatin Theater League in Gallatin, Missouri, me in honoring the life of my dear friend, Rob- League in the City of Passaic. He has regu- pulling weeds, painting trim, leveling stairs, ert ‘‘Bob’’ M. Sanders. His commitment and larly organized police softball and basketball and removing 40 years’ worth of debris that dedication to the State of California was clear. games with members of the City of Passaic had accumulated around the storage shed. We join his family and friends in honoring his community. Madam Speaker, I proudly ask you to join great life. Chief Guzman has further demonstrated his me in commending Zayden Hacking for his ac- spirit of giving back through his time as an ad- f complishments with the Boy Scouts of Amer- junct professor at Passaic County Community HONORING LAURALYN CASTLE ica and for his efforts put forth in achieving the College, where he has taught Criminal Justice highest distinction of Eagle Scout. for the past fifteen years. HON. MIKE THOMPSON f As Co-Chair of the Congressional Law En- OF CALIFORNIA forcement Caucus, I am honored to recognize HONORING JERRY BROOKS IN THE HOUSE OF REPRESENTATIVES Chief Luis Guzman, who has been a tremendous leader, mentor, and public servant in the Wednesday, February 5, 2020 HON. GREG STANTON City of Passaic. Mr. THOMPSON of California. Madam OF ARIZONA Madam Speaker, I ask that you join our col- Speaker, I rise today to honor Lauralyn Castle IN THE HOUSE OF REPRESENTATIVES leagues, Chief Guzman’s coworkers, family for years of extraordinary public service and to Wednesday, February 5, 2020 and friends, all those whose lives he has celebrate her retirement from the Sonoma touched, and me, in recognizing the tireless County Veterans Services Office. Mr. STANTON. Madam Speaker, I rise to dedication and steadfast service of Chief of Mrs. Castle attended Sacramento State Uni- honor the life and legacy of Jerry Brooks, Police Luis Guzman. versity where she earned a Bachelor of former mayor of Chandler, Arizona, who

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05FE8.006 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E134 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2020 passed away Tuesday, January 14, 2020. A nearly $20 million for the City’s general fund. rity waiving, altering, or otherwise affecting Vietnam veteran and renaissance man, Mayor This revenue is vital to funding critical commu- its jurisdiction over subject matters con- Brooks served in the U.S. military for 30 nity services, such as police, fire, public tained in the bill which fall within its Rule years. His greatest legacy as mayor was es- X jurisdiction. works, and parks. I would also ask that a copy of this letter tablishing the Chandler Performing and Visual I ask all Members to join me in recognizing and your response be included in the legisla- Arts Center, a welcoming and innovative per- the extraordinary work and contributions of tive report on H.R. 3851 and in the Congres- formance space that bonds our community to- Visit Huntington Beach and their efforts to en- sional Record. gether through arts and culture. sure a better and more efficient experience for I look forward to working with you on this Jerrell W. Brooks was born in San Antonio, both visitors and residents of Huntington and other important legislation in the fu- Texas, on November 23, 1930, to Marion and Beach. ture. Sincerely, Viola Brooks. After moving to Arizona as a f child, Brooks attended Phoenix Union High BENNIE G. THOMPSON, School. Just shy of graduation, Brooks en- HONORING CARLETON D. NASH III Chairman. listed in the U.S. Marines after being inspired HOUSE OF REPRESENTATIVES, by those who served in the second World HON. SAM GRAVES COMMITTEE ON ENERGY AND COMMERCE, War. After his discharge in 1950, Brooks re- OF MISSOURI Washington, DC, January 16, 2020. turned to Arizona and completed a construc- IN THE HOUSE OF REPRESENTATIVES Hon. BENNIE G. THOMPSON, tion engineering degree at Arizona State Uni- Chairman, Committee on Homeland Security, versity in 1954. Following graduation, he was Wednesday, February 5, 2020 Washington, DC. commissioned in the U.S. Air Force through Mr. GRAVES of Missouri. Madam Speaker, DEAR CHAIRMAN THOMPSON: Thank you for the university’s ROTC program. Brooks retired I proudly pause to recognize Carleton D. Nash consulting with the Committee on Energy III. Carleton is a very special young man who and Commerce and agreeing to be discharged as a colonel after serving in Vietnam, in 1977 from further consideration of H.R. 3851, the after 30 years of service. has exemplified the finest qualities of citizen- Travel Promotion, Enhancement, and Mod- Brooks moved to Chandler in his retirement ship and leadership by taking an active part in ernization Act. and began to observe that the city’s infrastruc- the Boy Scouts of America, Troop 96, and As you know, this legislation became law ture could not keep pace with rapid growth earning the most prestigious award of Eagle as part of P.L. 116–94, the Further Consoli- and development in the community. It inspired Scout. dated Appropriations Act, 2020. I agree that him to become active in local politics. Brooks Carleton has been very active with his your forgoing further action on this measure won a seat on the Chandler City Council in troop, participating in many scout activities. did not in any way diminish or alter the ju- 1982 and was elected mayor just two years Over the many years Carleton has been in- risdiction of your committee or prejudice its jurisdictional prerogatives on this measure later. True to his word, during his four-year volved with scouting, he has not only earned or similar legislation in the future. I agree term as mayor, Mayor Brooks paved roads, numerous merit badges, but also the respect that your Committee will be appropriately built infrastructure, and annexed land in south of his family, peers, and community. Most no- consulted and involved if similar legislation Chandler to build new streets and utility infra- tably, Carleton has contributed to his commu- moves forward. structure to serve future residents of the city. nity through his Eagle Scout project. Carleton I will place our letters on H.R. 3851 into the His lasting legacy and the crown jewel of constructed a playground for Cainsville R–1 Congressional Record. I appreciate your co- Chandler is the Chandler Performing and Vis- Preschool in Cainsville, Missouri. operation regarding this legislation and look ual Arts Center. Mayor Brooks advocated and Madam Speaker, I proudly ask you to join forward to continuing to work together. Sincerely, fought for a performing arts center that would me in commending Carleton D. Nash III for his FRANK PALLONE, Jr., attract new employers, entertainers, and fami- accomplishments with the Boy Scouts of Chairman. lies to Chandler and transfonn a quiet agricul- America and for his efforts put forth in achiev- f tural town into a thriving, family-friendly, di- ing the highest distinction of Eagle Scout. verse and welcoming community. He lived to f CONGRATULATING LORI CHRIS- see his vision come to fruition. Future genera- TIAN ON BECOMING A DISTIN- tions of Chandler residents will undoubtedly be COMMITTEE JURISDICTION ON H.R. GUISHED FINALIST IN THE PRU- affected by the cultural opportunities available 3851, THE TRAVEL PROMOTION, DENTIAL SPIRIT OF COMMUNITY in their own city thanks to Mayor Brooks’ vi- ENHANCEMENT, AND MOD- AWARDS PROGRAM sion for the Center. ERNIZATION ACT Thank you to Mayor Brooks, and Godspeed. HON. JAIME HERRERA BEUTLER f HON. FRANK PALLONE, JR. OF WASHINGTON OF NEW JERSEY RECOGNIZING THE 30TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES SARY OF VISIT HUNTINGTON Wednesday, February 5, 2020 BEACH Wednesday, February 5, 2020 Ms. HERRERA BEUTLER. Madam Speak- Mr. PALLONE. Madam Speaker, I include in er, I rise today to recognize and congratulate HON. HARLEY ROUDA the RECORD an exchange of correspondence Lori Christian of Chehalis, Washington, on be- OF CALIFORNIA between myself and Chairman BENNIE THOMP- coming a distinguished finalist and top volun- IN THE HOUSE OF REPRESENTATIVES SON acknowledging the Committee on Home- teer in the 2020 Prudential Spirit of Commu- Wednesday, February 5, 2020 land Security’s agreement to waive consider- nity Awards program. Mr. ROUDA. Madam Speaker, I rise today ation of H.R. 3851 did not in any way diminish These annual awards were founded in 1995 to recognize and congratulate Visit Huntington or alter the Committee’s jurisdiction on this or to highlight individuals’ service to our commu- Beach on the celebration of its 30th Anniver- similar legislation in the future. nities, and to encourage younger members of sary and the opening of a new office. HOUSE OF REPRESENTATIVES, this nation to continue this tradition early on Visit Huntington Beach was formed in 1989 COMMITTEE ON HOMELAND SECURITY, and throughout their lives. as a destination marketing program and has Washington, DC, January 13, 2020. Lori, a junior at ‘‘William F. West High Hon. FRANK PALLONE, grown into the only local organization charged Chairman, Committee on Energy and Commerce, School’’ in Southwest Washington, founded with the responsibility of promoting tourism House of Representatives, Washington, DC. the organization ‘‘Teens for Abused Children and encouraging its continued growth in the DEAR CHAIRMAN PALLONE: I write to you (TFAC)’’, which works with local hospitals and City. Its mission is to use Huntington Beach’s regarding H.R. 3851, the ‘‘Travel Promotion, Child Protective Services to assist with cases Surf City USA brand to maintain the City’s sta- Enhancement, and Modernization Act of involving abused children. Lori has also tus as the quintessential California beach des- 2019.’’ worked independently to raise awareness for tination. Since its founding thirty years ago, H.R. 3851 contains provisions that fall related issues. She has also organized com- Visit Huntington Beach has successfully lived within the jurisdiction of the Committee on munity toy, clothing, and diaper drives. Homeland Security. I share your interest in up to this mission and showed the wonders of seeing this legislation implemented and ac- Once again, I want to extend my sincerest Huntington Beach to the country and the cordingly, I will not seek a sequential refer- congratulations to Lori on becoming a distin- world. ral of the bill. However, agreeing to waive guished finalist in this program and applaud In 2018 alone, overnight visitors generated consideration of this bill should not be con- Lori’s commitment to improving her commu- $91 million in tax revenue and generated strued as the Committee on Homeland Secu- nity.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A05FE8.009 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 5, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E135 HONORING JONATHAN FARRELL pervisor’s office until she ultimately retired ful policymaking, and set an example for what STOOR from town government in 1999. Even though steadfast, meaningful leadership looks like for she was no longer working directly in local so many future leaders. That legacy continues HON. SAM GRAVES government, Janice’s passion for public serv- each day through Rep. Buckner’s wife Janet OF MISSOURI ice did not wane. who, since his passing in 2015, has held his IN THE HOUSE OF REPRESENTATIVES Janice went on to serve as a delegate in State House seat and taken up the mantle on multiple National Democratic Conventions. countless issues that John championed. Wednesday, February 5, 2020 Janice was elected to travel to New York City I am so pleased that Rep. Buckner is re- Mr. GRAVES of Missouri. Madam Speaker, in 1992 to be a delegate for Jerry Brown. ceiving this well-earned honor, and I join in I proudly pause to recognize Jonathan Farrell Eight years later, she ran again and was elect- this recognition alongside so many people and Stoor. Jonathan is a very special young man ed to attend the convention in Los Angeles as organizations in Colorado who continue to who has exemplified the finest qualities of citi- a delegate for Bill Bradley. She was reelected benefit from the leadership he demonstrated zenship and leadership by taking an active once more in 2008 to be a delegate for then each and every day. part in the Boy Scouts of America, Troop 96, Senator Obama at the National Democratic and earning the most prestigious award of Convention in Denver. f Eagle Scout. Although she has officially retired, Janice Jonathan has been very active with his still spends her time serving the community as IN RECOGNITION OF MRS. ANNE troop, participating in many scout activities. one of the founding members of the Eggerts- COX CHAMBERS UPON HER DEATH Over the many years Jonathan has been in- ville Community Organization. As a member of volved with scouting, he has not only earned the ECO Steering Committee, Janice works to numerous merit badges, but also the respect reinvigorate Eggertsville by enforcing often ig- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. of his family, peers, and community. Most no- nored building codes and partnering with the OF GEORGIA tably, Jonathan has contributed to his commu- Town of Amherst to begin the construction of IN THE HOUSE OF REPRESENTATIVES nity through his Eagle Scout project. Jonathan a community center in Eggertsville. Beyond worked in Ketren Cemetery in Gallatin, Mis- these efforts, she is a clerk at the local Board Wednesday, February 5, 2020 souri, mowing and cleaning up the property, of Elections and serves as a member of the Mr. JOHNSON of Georgia. Madam Speaker, repaired broken headstones, and logged the Amherst Democratic Committee and the Erie I want to recognize the life and accomplish- gravesites into an online portal for genea- County Executive Committee. ments of Anne Cox Chambers, who passed Janice accumulated a lifetime’s worth of ac- logical researchers. away on Friday, January 31, 2020, at the age Madam Speaker, I proudly ask you to join complishments while simultaneously raising of 100. me in commending Jonathan Farrell Stoor for two beautiful daughters: Valerie, an accom- his accomplishments with the Boy Scouts of plished local photographer, and Tricia, who Mrs. Anne Cox Chambers was a member of America and for his efforts put forth in achiev- works in the Erie County Probation Office. the namesake Atlanta-based media company, ing the highest distinction of Eagle Scout. Janice’s dedication to her country, her com- Cox Enterprises—an instrumental medium for news reporting, talk shows, music, and sports f munity, her family, and her party represents all that is great about Western New York, and I in Georgia and across the country. She took HONORING JANICE DUNNE FOR am thankful for the opportunity to honor her on a leadership role in Cox as a member of HER DEDICATED SERVICE TO and to have the House take note of the many the Cox Board of Directors and as the chair- THE COMMUNITY positive contributions she has made through- woman of Atlanta Newspapers. out our community. She took her knowledge and expertise from HON. BRIAN HIGGINS f those roles to pave new roads for women in OF NEW YORK Georgia: She became Atlanta’s first female LIFE AND LEGACY OF HON. JOHN IN THE HOUSE OF REPRESENTATIVES bank director when she joined the board of BUCKNER Fulton National Bank, and she was the first Wednesday, February 5, 2020 woman to serve as a director of the Atlanta Mr. HIGGINS of New York. Madam Speak- HON. JOE NEGUSE Chamber of Commerce. er, the Erie County Democratic Committee will OF COLORADO During her life, she chose to give back gather on Friday, February 7th to honor Janice IN THE HOUSE OF REPRESENTATIVES every way she could, becoming a philan- Dunne with the Joseph F. Crangle Legacy Wednesday, February 5, 2020 thropist for causes close to her heart. Mrs. Award. The award is named for our legendary Chambers supported institutions that many At- former county and state chairman and is the Mr. NEGUSE. Madam Speaker, the Cherry lanta citizens enjoy today, like the Atlanta gold standard for local Democrats; it rightfully Creek Schools Board of Education recently Symphony Orchestra, the Atlanta Botanical raises Janice’s name among the great leaders named the Honorable John Buckner as one of Garden, the Atlanta Speech School, the High of our party and commemorates her service the newest inductees to the Legacy Stadium Museum of Art, and the Atlanta Humane Soci- both to her community and to the Democratic Educational Leadership Wall of Fame. This ety. Her support for the latter culminated in the Party. honor is so very well-earned, and I join in honor of its annual award bearing her name, Janice has played an integral role in her Cherry Creek Schools’ lauding of Mr. the Anne Cox Chambers Humane Heroine hometown Democratic committee for the last Buckner’s life and legacy. award. forty years, as a member of its Nominating State Representative Buckner served as a Committee, Executive Committee, and Vice principal in Colorado schools for decades and Anne embodied what it meant to be a public Chair. Never afraid to get her hands dirty, Jan- was a lifelong advocate for equal access to servant. Under President Jimmy Carter, she ice engages in all aspects of grassroots polit- meaningful education for every student across was appointed Ambassador to Belgium. Her ical work from campaigning and canvassing, our state, including by leading his district’s work led to a stronger relationship between to fundraising and recruiting new members to work in the areas of equity and inclusive ex- the United States, Georgia, and Belgium. Bel- the party. cellence and as Chair of the House Education gium’s King Baudouin I recognized her con- Ms. Dunne has been on the frontlines of Committee. He carried these values not only tributions by presenting her with the Order of local, state, and national campaigns since she as a school administrator, but also throughout the Crown, one of Belgium’s highest honors. became involved in politics in 1980. Through- his time as a member of the Colorado State While Mrs. Chambers may be gone, her leg- out her career, she has singlehandedly col- House. As one example of his countless sub- acy will not be forgotten. Her love and service lected thousands of signatures door-to-door, stantial contributions, in the 2014 state legisla- for Georgia and her country were inspirational planted hundreds of yard signs, raised thou- tive session he sponsored the annual school and her leadership as a woman paved the sands of dollars for local candidates, and la- finance bill and successfully increased funding way for other women who will come after her. bored tirelessly on the issues central to the for English language learners and created an She set an example for us all of what it means Democratic Party platform. additional 5,000 pre-K and full-day kinder- to be someone who gives more to others than In 1992, Janice made her way to public of- garten slots for at-risk children. she takes in return. fice as Town of Amherst Deputy Clerk, a title Rep. Buckner was a mentor to countless I want to offer my deepest condolences to she would hold for the next five years. From Coloradans, myself included. He served his the extended family and friends of Anne Cox there, she worked in the Amherst Town Su- community with dedicated grace and thought- Chambers during this time.

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K05FE8.007 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E136 CONGRESSIONAL RECORD — Extensions of Remarks February 5, 2020 HONORING DR. AMARJIT SINGH Ms. Smith was born and raised in Lake I launched a Constituent of the Month pro- MARWAH County, California. She graduated from gram to recognize individuals who have gone Kelseyville High School before earning her AA above and beyond to make our region a HON. BRAD SHERMAN in Child Development at Santa Rosa Junior stronger place for everyone to live and thrive. OF CALIFORNIA College. She attended Sonoma State Univer- Aidan’s selflessness is an extraordinary re- IN THE HOUSE OF REPRESENTATIVES sity, where she graduated with a degree in minder that in severe times of need, setting Environmental Studies and a Multiple Subject aside our own fears to assist one another is Wednesday, February 5, 2020 Teaching Credential with an emphasis in early a crucial foundation of community. I thank Mr. SHERMAN. Madam Speaker, on the oc- childhood education. These outstanding cre- Aidan for being an exemplary model of true casion of his 94th birthday, I rise today to dentials coupled with her passion and dili- neighborly kindness in California’s 49th Dis- honor Dr. Amarjit Singh Marwah, a pioneer in gence enable Ms. Smith to connect with her trict. the Indian American community and a Los An- students and enlarge their understanding. f Kerry Smith is outstanding in many ways. geles civic icon. SENATE COMMITTEE MEETINGS Since coming to the United States in 1953 As a Resource Teacher for students grades as a Fulbright scholar, Dr. Marwah has been six through eight at Mountain Vista Middle Title IV of Senate Resolution 4, a trailblazer. Drawing on an educational pedi- School, it is Ms. Smith’s responsibility to pro- agreed to by the Senate of February 4, gree that included fellowships from the vide support to students who need additional 1977, calls for establishment of a sys- Guggenheim Foundation, the University of Illi- help in math. In this role, she has spear- tem for a computerized schedule of all nois, Chicago (where he pursued an MS in headed a model that allows a collaboration of meetings and hearings of Senate com- Pathology), Howard University (where he com- math teachers to help struggling students. mittees, subcommittees, joint commit- pleted a two-year program in Doctor in Dental This approach has been so successful that tees, and committees of conference. Surgery), and a professorship at the University nearly all her students are no longer in need This title requires all such committees of Southern California, Dr. Marwah became of additional help and are performing well in to notify the Office of the Senate Daily the first Indian doctor in the United States to their respective math classes. She not only Digest—designated by the Rules Com- obtain a license to practice dentistry. has the instructional skills required to be a mittee—of the time, place and purpose Dr. Marwah also helped make U.S. history highly effective teacher, but also holds those of the meetings, when scheduled and through his work on Dalip Singh Saund’s con- intangible qualities that are at the heart of a any cancellations or changes in the gressional campaign. As a young aide to the successful educator. She is beloved by her meetings as they occur. candidate, Dr. Marwah helped propel Saund to students, often described as funny, kind, excit- As an additional procedure along victory in the 1956 election, ushering in the ing, friendly, and positive. with the computerization of this infor- first Sikh American, the first Indian American Ms. Smith is a natural leader. She has mation, the Office of the Senate Daily and the first Asian American ever elected to mentored many new educators throughout her Digest will prepare this information for the U.S. Congress. career and continues to inspire those around printing in the Extensions of Remarks Being a pioneer, Dr. Marwah has worked to her with her joyful attitude and dedication to section of the CONGRESSIONAL RECORD encourage and grow the nascent Sikh Amer- her students. Teachers travel from across the on Monday and Wednesday of each ican community of Southern California, of school district to observe Ms. Smith in her week. which he is a member. For many years, his classroom and they always leave impressed. Meetings scheduled for Thursday, Baldwin Hills home served as a place of res- She is the model of a lifelong learner, one that February 6, 2020 may be found in the pite for the immigrant community; and Dr. is constantly striving to improve her own prac- Daily Digest of today’s RECORD. Marwah founded just the third Sikh Temple in tice and eager to try a new approach. the United States, whose location in Holly- Madam Speaker, there is not another indi- MEETINGS SCHEDULED wood now bears the name ‘‘Dr. Amarjit Singh vidual who exemplifies the profession of FEBRUARY 11 Marwah Square.’’ teaching better than Kerry Smith. It is there- 9:30 a.m. As a friend and advisor of Los Angeles fore fitting and proper that we honor Ms. Kerry Committee on Armed Services Mayor Tom Bradley, Dr. Marwah made an in- Smith here today. To hold hearings to examine United delible mark on Los Angeles civic life. Dr. f States strategy in Afghanistan. SD–G50 Marwah was appointed a Los Angeles City RECOGNIZING AIDAN COHEN AS Committee on Homeland Security and Commissioner in 1975 and served for 18 CONSTITUENT OF THE MONTH Governmental Affairs years. He chaired the Cultural Heritage Com- To hold hearings to examine a roadmap mission and the Hollywood Art Commission, HON. MIKE LEVIN for effective cybersecurity, focusing on and he helped to preserve over 300 sites, in- what states, locals, and the business OF CALIFORNIA cluding the Walk of Fame and the Roosevelt community should know and do. IN THE HOUSE OF REPRESENTATIVES Hotel. SD–342 As a public servant, a leader in the Indian Wednesday, February 5, 2020 10 a.m. American community and a philanthropist, Dr. Mr. LEVIN of California. Madam Speaker, Committee on Commerce, Science, and Transportation Marwah has made a positive impact on count- it’s my honor to recognize 17-year old North Subcommittee on Manufacturing, Trade, less people around the world. Dr. Marwah was County resident, Aidan Cohen, as my Con- and Consumer Protection supported in all these endeavors by his late stituent of the Month for January. In a moment To hold hearings to examine the state of wife, Kuljit Kaur Marwah, as well as his three of quick instinct, Aidan heroically rushed to intercollegiate athlete compensation. daughters and their spouses and grand- help his next door neighbor, pulling him from SD–106 children. his burning home and saving his life. Committee on the Judiciary I wish my friend Dr. Amarjit Singh Marwah On the evening of December 12, 2019, To hold hearings to examine ensuring ap- a very happy and healthy 94th birthday. Aidan Cohen and his older brother Ryan were propriate medical care for children. enjoying a late-night snack when the power SD–226 f 2:30 p.m. suddenly went out. Soon after, the brothers HONORING KERRY SMITH Committee on Homeland Security and heard an explosion and rushed outside to find Governmental Affairs their next door neighbor’s home engulfed in Subcommittee on Federal Spending Over- HON. MIKE THOMPSON flames. sight and Emergency Management OF CALIFORNIA The brothers shouted the owner’s name, but To hold hearings to examine the Afghan- istan Papers, focusing on costs and IN THE HOUSE OF REPRESENTATIVES received no response. Overcome by smoke he had collapsed on the hallway floor. Aidan benefits of America’s longest war. Wednesday, February 5, 2020 spotted him through a window, and without SD–342 Mr. THOMPSON of California. Madam hesitation, broke the back door open and Committee on the Judiciary Subcommittee on Intellectual Property Speaker, I rise today to recognize Kerry Smith pulled the neighbor out to safety. To hold hearings to examine the Digital for years of exceptional public service to the Everyone involved was grateful for our local Millennium Copyright Act at 22, focus- young people of Lake County, California and first responders who were on the scene mining on what it is, why was it enacted, to honor her as the Lake County Teacher of utes later to administer first aid to the neighbor and where are we now. the Year. and save Aidan’s family home. SD–226

VerDate Sep 11 2014 07:33 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K05FE8.011 E05FEPT1 SSpencer on DSKBBXCHB2PROD with REMARKS February 5, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E137 FEBRUARY 12 tection, and space situational aware- nancial Crimes, Department of the 9:30 a.m. ness. Treasury, and Judy Shelton, of Cali- Committee on Homeland Security and SH–216 fornia, and Christopher Waller, of Min- Governmental Affairs Committee on the Judiciary nesota, both to be a Member of the To hold hearings to examine protecting To hold hearings to examine pending Board of Governors of the Federal Re- the United States from global nominations. serve System. pandemics. SD–226 SD–538 SD–342 10:15 a.m. Committee on Foreign Relations 10 a.m. FEBRUARY 25 Committee on Banking, Housing, and To hold hearings to examine United States-Libya policy. Urban Affairs 10 a.m. SD–419 To hold hearings to examine the Semi- Committee on Banking, Housing, and annual Monetary Policy Report to the Urban Affairs Congress. FEBRUARY 13 To hold hearings to examine surface SD–538 10 a.m. transportation reauthorization, focus- Committee on Commerce, Science, and Committee on Banking, Housing, and Transportation Urban Affairs ing on public transportation stake- To hold hearings to examine space mis- To hold hearings to examine the nomina- holders’ perspectives. sions of global importance, focusing on tions of Jessie K. Liu, of Virginia, to be SD–538 planetary defense, space weather pro- Under Secretary for Terrorism and Fi-

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HIGHLIGHTS Senate sitting as a Court of Impeachment adjudged President Trump not guilty as charged in Impeachment Articles I and II. Senate the unprecedented, categorical, and indiscriminate Chamber Action defiance of subpoenas issued by the House of Rep- Routine Proceedings, pages S871–S945 resentatives pursuant to its ‘‘sole Power of Impeach- Measures Introduced: Five bills and three resolu- ment’’. President Trump has abused the powers of tions were introduced, as follows: S. 3254–3258, and the Presidency in a manner offensive to, and subver- S. Res. 491–493. Page S942 sive of, the Constitution. (Vote No. 34) 47 guilty, Measures Passed: 53 not guilty, two-thirds of the Senators present not having pronounced him guilty, the Senate adjudges Authorizing Testimony, Documents, and Rep- that Donald John Trump, President of the United resentation: Senate agreed to S. Res. 493, to author- States, is not guilty as charged in this article. ize testimony, documents, and representation in Pages S937–38 United States v. Stahlnecker. Page S945 The Senate, having tried Donald John Trump, Measures Considered: President of the United States, upon two articles of Impeachment of President Trump: Senate, sitting impeachment exhibited against him by the House of as a Court of Impeachment, resumed consideration of Representatives, and two-thirds of the Senators the articles of impeachment against Donald John present not having found him guilty of the charges Trump, President of the United States, taking the contained therein: it is, therefore, ordered and ad- following actions: Pages S936–39 judged that the said Donald John Trump be, and he Article I, that in his conduct of the office of Presi- is hereby, acquitted of the charges in said articles. dent of the United States—and in violation of his Page S938 constitutional oath faithfully to execute the office of Ordered, that the Secretary of the Senate be di- President of the United States and, to the best of his rected to communicate to the Secretary of State, as ability, preserve, protect, and defend the Constitu- provided by Rule XXIII of the Rules of Procedure tion of the United States, and in violation of his and Practice in the Senate. When Sitting on Im- constitutional duty to take care that the laws be peachment Trials, and also to the House of Rep- faithfully executed—Donald J. Trump has abused resentatives, the judgment of the Senate in the case the powers of the Presidency. (Vote No. 33) 48 of Donald John Trump, and transmit a certified copy guilty, 52 not guilty, two-thirds of the Senators of the judgment to each. Page S938 present not having pronounced him guilty, the Sen- The Court of Impeachment adjourned sine die at ate adjudges that Donald John Trump, President of 4:42 p.m. Page S939 the United States, is not guilty as charged in this article. Pages S936–37 Brasher Nomination—Cloture: Senate began con- Article II, that in his conduct of the office of sideration of the nomination of Andrew Lynn President of the United States—and in violation of Brasher, of Alabama, to be United States Circuit his constitutional oath faithfully to execute the office Judge for the Eleventh Circuit. Page S939 of President of the United States and, to the best of A motion was entered to close further debate on his ability, preserve, protect, and defend the Con- the nomination, and, in accordance with the provi- stitution of the United States, and in violation of his sions of Rule XXII of the Standing Rules of the constitutional duty to take care that the laws be Senate, and pursuant to the unanimous-consent faithfully executed—Donald J. Trump has directed agreement of Wednesday, February 5, 2020, a vote D119

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D120 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2020 on cloture will occur at 5:30 p.m., on Monday, Feb- of the nomination of Matthew Thomas Schelp, of ruary 10, 2020. Pages S939, S945 Missouri, to be United States District Judge for the Prior to the consideration of this nomination, Sen- Eastern District of Missouri. Pages S939–40 ate took the following action: Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S939 Senate agreed to the motion to proceed to Legisla- A unanimous-consent agreement was reached pro- tive Session. Page S939 viding that at approximately 3:00 p.m., on Monday, Senate agreed to the motion to proceed to Execu- February 10, 2020, Senate resume consideration of tive Session to consider the nomination. Page S939 the nomination; and that notwithstanding the provisions of Rule XXII, the cloture motions filed on Halpern Nomination—Cloture: Senate began con- Wednesday, February 5, 2020 ripen at 5:30 p.m. on sideration of the nomination of Philip M. Halpern, of New York, to be United States District Judge for Monday, February 10, 2020. Page S945 the Southern District of New York. Page S940 Kindred Nomination—Cloture: Senate began con- A motion was entered to close further debate on sideration of the nomination of Joshua M. Kindred, the nomination, and, in accordance with the provi- of Alaska, to be United States District Judge for the sions of Rule XXII of the Standing Rules of the District of Alaska. Page S939 Senate, a vote on cloture will occur upon disposition A motion was entered to close further debate on of the nomination of John Fitzgerald Kness, of Illi- the nomination, and, in accordance with the provi- nois, to be United States District Judge for the sions of Rule XXII of the Standing Rules of the Northern District of Illinois. Page S940 Senate, a vote on cloture will occur upon disposition Prior to the consideration of this nomination, Sen- of the nomination of Andrew Lynn Brasher, of Ala- ate took the following action: bama, to be United States Circuit Judge for the Senate agreed to the motion to proceed to Legisla- Page S939 Eleventh Circuit. tive Session. Page S940 Prior to the consideration of this nomination, Sen- Senate agreed to the motion to proceed to Execu- ate took the following action: tive Session to consider the nomination. Page S940 Senate agreed to the motion to proceed to Legisla- tive Session. Page S939 Executive Communications: Pages S941–42 Senate agreed to the motion to proceed to Execu- Additional Cosponsors: Pages S942–43 tive Session to consider the nomination. Page S939 Additional Statements: Page S941 Schelp Nomination—Cloture: Senate began con- Authorities for Committees to Meet: Page S945 sideration of the nomination of Matthew Thomas Schelp, of Missouri, to be United States District Record Votes: Two record votes were taken today. Judge for the Eastern District of Missouri. Page S939 (Total—34) Pages S937–38 A motion was entered to close further debate on Adjournment: Senate convened at 9:30 a.m. and the nomination, and, in accordance with the provi- adjourned at 5:15 p.m., until 11:30 a.m. on Thurs- sions of Rule XXII of the Standing Rules of the day, February 6, 2020. (For Senate’s program, see Senate, a vote on cloture will occur upon disposition the remarks of the Majority Leader in today’s Record of the nomination of Joshua M. Kindred, of Alaska, on page S945.) to be United States District Judge for the District of Alaska. Page S939 Prior to the consideration of this nomination, Sen- Committee Meetings ate took the following action: Senate agreed to the motion to proceed to Legisla- (Committees not listed did not meet) tive Session. Page S939 Senate agreed to the motion to proceed to Execu- ATHLETE SAFETY tive Session to consider the nomination. Page S939 Committee on Commerce, Science, and Transportation: Kness Nomination—Cloture: Senate began consid- Committee concluded a hearing to examine athlete eration of the nomination of John Fitzgerald Kness, safety and the integrity of U.S. Sport, after receiving of Illinois, to be United States District Judge for the testimony from Ju’Riese Colon, U.S. Center for Northern District of Illinois. Pages S939–40 SafeSport, Denver, Colorado; Tory Lindley, North- A motion was entered to close further debate on western University, Carrollton, Texas, on behalf of the nomination, and, in accordance with the provi- the National Athletic Trainers’ Association; and sions of Rule XXII of the Standing Rules of the Travis T. Tygart, United States Anti-Doping Agen- Senate, a vote on cloture will occur upon disposition cy, Colorado Springs, Colorado.

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 5, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D121 FISH AND WILDLIFE SERVICE OVERSIGHT VA MISSION ACT Committee on Environment and Public Works: Com- Committee on Veterans’ Affairs: Committee concluded a mittee concluded an oversight hearing to examine hearing to examine the VA MISSION Act, focusing the Fish and Wildlife Service, after receiving testi- on the implementation of the Community Care Net- mony from Robert Wallace, Assistant Secretary for work, after receiving testimony from Richard A. Fish and Wildlife and Parks, Department of the In- Stone, Executive in Charge, Kameron Matthews, As- terior. sistant Under Secretary for Health for Community Care, and Jennifer MacDonald, VA MISSION Act NOMINATIONS Lead, all of the Veterans Health Administration, De- partment of Veterans Affairs; Adrian Atizado, Dis- Committee on Finance: Committee concluded a hearing abled American Veterans Deputy National Legisla- to examine the nominations of Kipp Kranbuhl, of tive Director, Washington, D.C.; Lieutenant General Ohio, to be an Assistant Secretary of the Treasury, Patricia D. Horoho, USA (Ret.), OptumServe, Falls Sarah C. Arbes, of Virginia, to be an Assistant Sec- Church, Virginia; and David J. McIntyre, Jr., retary of Health and Human Services, who was in- TriWest Healthcare Alliance, Phoenix, Arizona. troduced by Senator Alexander, and Jason J. Fichtner, of the District of Columbia, to be a Mem- INTELLIGENCE ber of the Social Security Advisory Board, after the Select Committee on Intelligence: Committee met in nominees testified and answered questions in their closed session to receive a briefing on certain intel- own behalf. ligence matters from officials of the intelligence community. h House of Representatives sure Act of 1959, and for other purposes; and pro- Chamber Action viding for consideration of the bill (H.R. 5687) Public Bills and Resolutions Introduced: 12 pub- making emergency supplemental appropriations for lic bills, H.R. 5756–5767; and 2 resolutions, H. the fiscal year ending September 30, 2020, and for Con. Res. 87; and H. Res. 832, were introduced. other purposes (H. Rept. 116–392). Page H847 Page H847 Speaker: Read a letter from the Speaker wherein she Additional Cosponsors: Page H848 appointed Representative Cuellar to act as Speaker Reports Filed: Reports were filed today as follows: pro tempore for today. Page H767 H.R. 3941, to enhance the innovation, security, Recess: The House recessed at 11 a.m. and recon- and availability of cloud computing services used in vened at 12 noon. Page H773 the Federal Government by establishing the Federal Guest Chaplain: The prayer was offered by the Risk and Authorization Management Program with- Guest Chaplain, Rabbi Seth Frisch, New Shul of in the General Services Administration and by estab- America, Rydal, Pennsylvania. Pages H773–74 lishing a risk management, authorization, and con- Suspensions: The House agreed to suspend the rules tinuous monitoring process to enable the Federal and pass the following measures: Government to leverage cloud computing services using a risk-based approach consistent with the Fed- Puppies Assisting Wounded Servicemembers for eral Information Security Modernization Act of 2014 Veterans Therapy Act: H.R. 4305, amended, to di- and cloud-based operations, and for other purposes, rect the Secretary of Veterans Affairs to carry out a with an amendment (H. Rept. 116–391); and pilot program on dog training therapy; Pages H777–80 H. Res. 833, providing for consideration of the Protect and Restore America’s Estuaries Act: resolution (H. Res. 826) expressing disapproval of H.R. 4044, amended, to amend the Federal Water the Trump administration’s harmful actions towards Pollution Control Act to reauthorize the National Medicaid; providing for consideration of the bill Estuary Program, by a 2⁄3 yea-and-nay vote of 355 (H.R. 2474) to amend the National Labor Relations yeas to 62 nays, Roll No. 35; Pages H780–85, H833 Act, the Labor Management Relations Act, 1947, San Francisco Bay Restoration Act: H.R. 1132, and the Labor-Management Reporting and Disclo- amended, to amend the Federal Water Pollution

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D122 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2020 Control Act to establish a grant program to support Presidential Transition Enhancement Act: S. the restoration of San Francisco Bay; Pages H785–88 394, to amend the Presidential Transition Act of Promoting United Government Efforts to Save 1963 to improve the orderly transfer of the executive Our Sound Act: H.R. 2247, amended, to amend the power during Presidential transitions; Pages H825–27 Federal Water Pollution Control Act to provide as- Designating the facility of the United States sistance for programs and activities to protect the Postal Service located at 12711 East Jefferson Ave- water quality of Puget Sound; Pages H788–96 nue in Detroit, Michigan, as the ‘‘Aretha Franklin Chesapeake Bay Program Reauthorization Act: Post Office Building’’: H.R. 3976, to designate the H.R. 1620, amended, to amend the Federal Water facility of the United States Postal Service located at Pollution Control Act to reauthorize the Chesapeake 12711 East Jefferson Avenue in Detroit, Michigan, as the ‘‘Aretha Franklin Post Office Building’’; Bay Program; Pages H796–99 Pages H827–28 Great Lakes Restoration Initiative Act of 2019: H.R. 4031, to amend the Federal Water Pollution Designating the facility of the United States Control Act to reauthorize the Great Lakes Restora- Postal Service located at 8320 13th Avenue in Brooklyn, New York, as the ‘‘Mother Frances Xa- tion Initiative, by a 2⁄3 yea-and-nay vote of 373 yeas vier Cabrini Post Office Building’’: H.R. 4794, to to 45 nays, Roll No. 36; Pages H799–H805, H833–34 designate the facility of the United States Postal Amending the Federal Water Pollution Control Service located at 8320 13th Avenue in Brooklyn, Act to reauthorize the Lake Pontchartrain Basin New York, as the ‘‘Mother Frances Xavier Cabrini Restoration Program: H.R. 4275, amended, to Post Office Building’’; Pages H828–29 amend the Federal Water Pollution Control Act to Designating the facility of the United States reauthorize the Lake Pontchartrain Basin Restoration Postal Service located at 2505 Derita Avenue in Program; Pages H805–06 Charlotte, North Carolina, as the ‘‘Julius L. Representative Payee Fraud Prevention Act: Chambers Civil Rights Memorial Post Office’’: H.R. 5214, to amend title 5, United States Code, to H.R. 4981, to designate the facility of the United prevent fraud by representative payees; Pages H806–08 States Postal Service located at 2505 Derita Avenue Taxpayers Right-To-Know Act: H.R. 3830, in Charlotte, North Carolina, as the ‘‘Julius L. amended, to provide taxpayers with an improved un- Chambers Civil Rights Memorial Post Office’’; derstanding of Government programs through the Pages H829–30 disclosure of cost, performance, and areas of duplica- Designating the facility of the United States tion among them, leverage existing data to achieve Postal Service located at 3703 North Main Street a functional Federal program inventory; in Farmville, North Carolina, as the ‘‘Walter B. Pages H808–11 Jones, Jr. Post Office’’: H.R. 5037, to designate the USPS Fairness Act: H.R. 2382, to amend title 5, facility of the United States Postal Service located at United States Code, to repeal the requirement that 3703 North Main Street in Farmville, North Caro- the United States Postal Service prepay future retire- lina, as the ‘‘Walter B. Jones, Jr. Post Office’’; Pages H830–31 ment benefits, by a 2⁄3 yea-and-nay vote of 309 yeas to 106 nays, Roll No. 37; Pages H811–15, H834–35 Permitting the Scipio A. Jones Post Office in Federal Risk and Authorization Management Little Rock, Arkansas, to accept and display a por- Program Authorization Act: H.R. 3941, amended, trait of Scipio A. Jones: H.R. 3317, to permit the to enhance the innovation, security, and availability Scipio A. Jones Post Office in Little Rock, Arkansas, of cloud computing services used in the Federal to accept and display a portrait of Scipio A. Jones; Government by establishing the Federal Risk and and Pages H831–32 Authorization Management Program within the Designating the facility of the United States General Services Administration and by establishing Postal Service located at 445 Main Street in a risk management, authorization, and continuous Laceyville, Pennsylvania, as the ‘‘Melinda Gene monitoring process to enable the Federal Govern- Piccotti Post Office’’: H.R. 4279, to designate the ment to leverage cloud computing services using a facility of the United States Postal Service located at risk-based approach consistent with the Federal In- 445 Main Street in Laceyville, Pennsylvania, as the formation Security Modernization Act of 2014 and ‘‘Melinda Gene Piccotti Post Office’’. Pages H832–33 cloud-based operations; Pages H815–19 Making a technical correction to the SFC Sean Payment Integrity Information Act: S. 375, to Cooley and SPC Christopher Horton Congres- improve efforts to identify and reduce Government- sional Gold Star Family Fellowship Program wide improper payments; Pages H819–25 Act: The House agreed to discharge from committee

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 5, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D123 and agree to H. Res. 812, making a technical correc- Fleet and Family Readiness, Commander, U.S. Navy tion to the SFC Sean Cooley and SPC Christopher Installations Command; Norma Inabinet, Deputy Horton Congressional Gold Star Family Fellowship Director, Military Personnel Programs, U.S. Air Program Act. Page H835 Force Personnel Center; Jennifer Stewart, Manager, Providing for the reappointment of John Fahey Exceptional Family Member Program, Headquarters, as a citizen regent of the Board of Regents of U.S. Marine Corps; Jackie Nowicki, Director, K–12 the Smithsonian Institution: The House agreed to Education, Government Accountability Office; and discharge from committee and pass S.J. Res. 65, pro- public witnesses. viding for the reappointment of John Fahey as a citizen regent of the Board of Regents of the Smithso- UPDATE ON NAVY AND MARINE CORPS nian Institution. Page H835 READINESS IN THE PACIFIC IN THE Providing for the reappointment of Risa AFTERMATH OF RECENT MISHAPS Lavizzo-Mourey as a citizen regent of the Board Committee on Armed Services: Subcommittee on of Regents of the Smithsonian Institution: The Seapower and Projection Forces; and Subcommittee House agreed to discharge from committee and pass on Readiness held a joint hearing entitled ‘‘Update S.J. Res. 67, providing for the reappointment of Risa on Navy and Marine Corps Readiness in the Pacific Lavizzo-Mourey as a citizen regent of the Board of in the Aftermath of Recent Mishaps’’. Testimony Regents of the Smithsonian Institution. Page H835 was heard from Vice Admiral Richard A. Brown, Privileged Resolution—Intent to Offer: Rep- Commander, Naval Surface Forces, U.S. Pacific Fleet; resentative Granger announced her intent to offer a and Lieutenant General Steven R. Rudder, U.S. Ma- privileged resolution. Pages H836–37 rine Corps, Deputy Commandant for Aviation, U.S. Senate Message: Message received from the Senate Marine Headquarters. today appears on pages H835–36. OVERSIGHT HEARING ON DOE’S ROLE IN Quorum Calls—Votes: Three yea-and-nay votes de- ADVANCING BIOMEDICAL SCIENCES veloped during the proceedings of today and appear on pages H833, H834, and H834–35. There were Committee on Appropriations: Subcommittee on Energy no quorum calls. and Water Development, and Related Agencies held Adjournment: The House met at 10 a.m. and ad- a hearing entitled ‘‘Oversight Hearing on DOE’s journed at 7:36 p.m. Role in Advancing Biomedical Sciences’’. Testimony was heard from Narayanan Kasthuri, Neuroscientist, Argonne National Laboratory, Department of En- Committee Meetings ergy; and public witnesses. SUPERCHARGING THE INNOVATION BASE Committee on Armed Services: Future of Defense Task STRENGTHENING COMMUNITY Force held a hearing entitled ‘‘Supercharging the In- RECYCLING PROGRAMS: CHALLENGES AND novation Base’’. Testimony was heard from public OPPORTUNITIES witnesses. Committee on Appropriations: Subcommittee on Inte- EXCEPTIONAL FAMILY MEMBER rior, Environment, and Related Agencies held a PROGRAM—ARE THE MILITARY SERVICES hearing entitled ‘‘Strengthening Community Recy- REALLY TAKING CARE OF FAMILY cling Programs: Challenges and Opportunities’’. Tes- MEMBERS? timony was heard from Peter Wright, Assistant Ad- ministrator, Office of Land and Emergency Manage- Committee on Armed Services: Subcommittee on Mili- ment, Environmental Protection Agency; and public tary Personnel held a hearing entitled ‘‘Exceptional witnesses. Family Member Program—Are the Military Services Really Taking Care of Family Members?’’. Testi- THE FUTURE OF WORK: PROTECTING mony was heard from Carolyn Stevens, Director, Of- WORKERS’ CIVIL RIGHTS IN THE DIGITAL fice of Military Family Readiness Policy, Department of Defense; Captain Edward Simmer, U.S. Navy, AGE Chief Clinical Officer, TRICARE Health Plans, De- Committee on Education and Labor: Subcommittee on fense Health Agency, Department of Defense; Colo- Civil Rights and Human Services held a hearing en- nel Steve Lewis, U.S. Army, Deputy Director, DA titled ‘‘The Future of Work: Protecting Workers’ Quality of Life Task Force and DA Family Advocacy Civil Rights in the Digital Age’’. Testimony was Program Manager, U.S. Army; Ed Cannon, Director, heard from public witnesses.

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D124 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2020 MODERNIZING THE NATURAL GAS ACT THE WUHAN CORONAVIRUS: ASSESSING TO ENSURE IT WORKS FOR EVERYONE THE OUTBREAK, THE RESPONSE, AND Committee on Energy and Commerce: Subcommittee on REGIONAL IMPLICATIONS Energy held a hearing entitled ‘‘Modernizing the Committee on Foreign Affairs: Subcommittee on Asia, Natural Gas Act to Ensure it Works for Everyone’’. the Pacific, and Nonproliferation held a hearing enti- Testimony was heard from public witnesses. tled ‘‘The Wuhan Coronavirus: Assessing the Out- break, the Response, and Regional Implications’’. VAPING IN AMERICA: E-CIGARETTE Testimony was heard from public witnesses. MANUFACTURERS’ IMPACT ON PUBLIC THE NORTHERN NORTHERN BORDER: HEALTH HOMELAND SECURITY PRIORITIES IN THE Committee on Energy and Commerce: Subcommittee on ARCTIC, PART II Oversight and Investigations held a hearing entitled Committee on Homeland Security: Subcommittee on ‘‘Vaping in America: E–Cigarette Manufacturers’ Im- Transportation and Maritime Security held a hearing pact on Public Health’’. Testimony was heard from entitled ‘‘The Northern Northern Border: Homeland public witnesses. Security Priorities in the Arctic, Part II’’. Testimony was heard from Admiral Charles Ray, Vice Com- RENT-A-BANK SCHEMES AND NEW DEBT mandant, U.S. Coast Guard; Michael Murphy, Dep- TRAPS: ASSESSING EFFORTS TO EVADE uty Assistant Secretary for European and Eurasian STATE CONSUMER PROTECTIONS AND Affairs, Department of State; and Marie Mak, Direc- INTEREST RATE CAPS tor for Contracting and National Security Acquisi- tions, Government Accountability Office. Committee on Financial Services: Full Committee held a hearing entitled ‘‘Rent-A-Bank Schemes and New OVERSIGHT OF THE SMITHSONIAN Debt Traps: Assessing Efforts to Evade State Con- INSTITUTION: OPPORTUNITIES FOR sumer Protections and Interest Rate Caps’’. Testi- GROWTH BY HONORING LATINO mony was heard from Monique Limon, Chair, Bank- AMERICANS AND ASIAN PACIFIC ing and Finance Committee, State Assembly, Cali- AMERICANS fornia; and public witnesses. Committee on House Administration: Full Committee held a hearing entitled ‘‘Oversight of the Smithso- A FUTURE WITHOUT PUBLIC HOUSING? nian Institution: Opportunities for Growth by Hon- EXAMINING THE TRUMP oring Latino Americans and Asian Pacific Ameri- ADMINISTRATION’S EFFORTS TO cans’’. Testimony was heard from Representatives ELIMINATE PUBLIC HOUSING Serrano, Meng, and Hurd; Lonnie G. Bunch III, Sec- Committee on Financial Services: Subcommittee on retary, Smithsonian Institution; Lisa Sasaki, Director, Housing, Community Development, and Insurance Smithsonian Asian Pacific American Center, Smith- sonian Institution; Eric Petersen, Specialist in Amer- held a hearing entitled ‘‘A Future Without Public ican National Government, Congressional Research Housing? Examining the Trump Administration’s Service, Library of Congress; and public witnesses. Efforts to Eliminate Public Housing’’. Testimony was heard from Ann Gass, Director of Strategic OVERSIGHT OF THE FEDERAL BUREAU OF Housing Initiatives, Housing Authority of the City INVESTIGATION of Austin, Texas; Bobby Collins, Executive Director, Committee on the Judiciary: Full Committee held a Housing Authority of the City of Shreveport, Lou- hearing entitled ‘‘Oversight of the Federal Bureau of isiana; Eugene Jones, Jr., President and Chief Execu- Investigation’’. Testimony was heard from Chris- tive Officer, Atlanta Housing Authority, Georgia; topher A. Wray, Director, Federal Bureau of Inves- and public witnesses. tigation. UNIQUE CHALLENGES WOMEN FACE IN LEGISLATIVE MEASURE GLOBAL HEALTH Committee on Natural Resources: Subcommittee on En- Committee on Foreign Affairs: Full Committee held a ergy and Mineral Resources held a hearing on H.R. hearing entitled ‘‘Unique Challenges Women Face in 5598, the ‘‘Boundary Waters Wilderness Protection and Pollution Prevention Act’’. Testimony was heard Global Health’’. Testimony was heard from Chair- from Representative McCollum; Chris French, Dep- man Lowey and Representative Rodgers of Wash- uty Chief, National Forest System, Department of ington; and public witnesses. Agriculture; Leah Baker, Associate State Director,

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST February 5, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D125 Bureau of Land Management Eastern States, Depart- 826, expressing disapproval of the Trump adminis- ment of the Interior; and public witnesses. tration’s harmful actions towards Medicaid. The LEGISLATIVE MEASURES Committee granted, by record vote of 9–4, a rule providing for consideration of H. Res. 826, the Committee on Natural Resources: Subcommittee for In- ‘‘Protecting the Right to Organize Act of 2019’’, digenous Peoples of the United States held a hearing H.R. 2474, the ‘‘Emergency Supplemental Appro- on H.R. 4059, to take certain lands in California priations for Disaster Relief and Puerto Rico Disaster into trust for the benefit of the Agua Caliente Band Tax Relief Act, 2020’’, and H.R. 5687, Expressing of Cahuilla Indians, and for other purposes; H.R. disapproval of the Trump administration’s harmful 4495, to authorize the Secretary of Health and actions towards Medicaid. The rule provides for con- Human Services, acting through the Director of the sideration of H. Res. 826, Expressing disapproval of Indian Health Service, to acquire private land to fa- the Trump administration’s harmful actions towards cilitate access to the Desert Sage Youth Wellness Medicaid, under a closed rule. The rule provides one Center in Hemet, California, and for other purposes; hour of debate equally divided and controlled by the H.R. 4888, to amend the Grand Ronde Reservation chair and ranking minority member of the Com- Act, and for other purposes; and H.R. 5153, the mittee on Energy and Commerce. The rule waives all ‘‘Indian Buffalo Management Act’’. Testimony was points of order against consideration of the resolu- heard from Darryl LaCounte, Director, Bureau of In- tion. The rule provides that the resolution shall be dian Affairs, Department of the Interior; Randy considered as read. The rule provides for consider- Grinnell, Deputy Director for Management Oper- ation of H.R. 2474, the ‘‘Protecting the Right to ations, Indian Health Service, Department of Health Organize Act of 2019’’, under a structured rule. The and Human Services; and public witnesses. rule provides one hour of debate equally divided and A THREAT TO AMERICA’S CHILDREN? THE controlled by the chair and ranking minority mem- TRUMP ADMINISTRATION’S PROPOSED ber of the Committee on Education and Labor. The CHANGES TO THE POVERTY LINE rule waives all points of order against consideration CALCULATION of the bill. The rule provides that the amendment Committee on Oversight and Reform: in the nature of a substitute recommended by the Subcommittee on Committee on Education and Labor now printed in Government Operations held a hearing entitled ‘‘A the bill, modified by the amendment printed in part Threat to America’s Children? The Trump Adminis- A of the Rules Committee report, shall be consid- tration’s Proposed Changes to the Poverty Line Cal- ered as adopted and the bill, as amended, shall be culation’’. Testimony was heard from Representatives considered as read. The rule waives all points of Ocasio-Cortez and Miller; and public witnesses. order against provisions in the bill, as amended. The A THREAT TO AMERICA’S CHILDREN: THE rule makes in order only those amendments printed TRUMP ADMINISTRATION’S PROPOSAL TO in part B of the Rules Committee report accom- GUT FAIR HOUSING ACCOUNTABILITY panying the resolution. Each amendment made in Committee on Oversight and Reform: Subcommittee on order may be offered only in the order printed in the Civil Rights and Civil Liberties held a hearing enti- report, may be offered only by a Member designated tled ‘‘A Threat to America’s Children: The Trump in the report, shall be considered as read, shall be Administration’s Proposal to Gut Fair Housing Ac- debatable for the time specified in the report equally countability’’. Testimony was heard from Ellen Lee, divided and controlled by the proponent and an op- Director of Community and Economic Development, ponent, shall not be subject to amendment, and shall New Orleans, Louisiana; and public witnesses. not be subject to a demand for division of the question in the House or in the Committee of the PROTECTING THE RIGHT TO ORGANIZE Whole. The rule waives all points of order against ACT OF 2019; EMERGENCY SUPPLEMENTAL the amendments printed in Part B of the report. The APPROPRIATIONS FOR DISASTER RELIEF rule provides one motion to recommit with or with- AND PUERTO RICO DISASTER TAX RELIEF out instructions. The rule provides for consideration ACT, 2020; EXPRESSING DISAPPROVAL OF of H.R. 5687, the ‘‘Emergency Supplemental Appro- THE TRUMP ADMINISTRATION’S priations for Disaster Relief and Puerto Rico Disaster HARMFUL ACTIONS TOWARDS MEDICAID Tax Relief Act, 2020’’, under a structured rule. The Committee on Rules: Full Committee held a hearing on rule provides one hour of general debate equally di- H.R. 2474, the ‘‘Protecting the Right to Organize vided and controlled by the chair and ranking mi- Act of 2019’’; H.R. 5687, the ‘‘Emergency Supple- nority member of the Committee on Appropriations. mental Appropriations for Disaster Relief and Puerto The rule waives all points of order against consider- Rico Disaster Tax Relief Act, 2020’’; and H. Res. ation of the bill. The rule provides that the bill shall

VerDate Sep 11 2014 08:31 Feb 06, 2020 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE0.REC D05FEPT1 SSpencer on DSKBBXCHB2PROD with DIGEST D126 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2020 be considered as read. The rule waives all points of TRACKING TOWARD ZERO: IMPROVING order against provisions in the bill and provides that GRADE CROSSING SAFETY AND clause 2(e) of Rule XXI shall not apply during con- ADDRESSING COMMUNITY CONCERNS sideration of the bill. The rule makes in order only Committee on Transportation and Infrastructure: Sub- those amendments printed in Part C of the Rules Committee report. Each such amendment may be of- committee on Railroads, Pipelines, and Hazardous fered only in the order printed in the report, may Materials held a hearing entitled ‘‘Tracking Toward be offered only by a Member designated in the re- Zero: Improving Grade Crossing Safety and Address- port, shall be considered as read, shall be debatable ing Community Concerns’’. Testimony was heard for the time specified in the report equally divided from Karl Alexy, Associate Administrator for Rail- and controlled by the proponent and an opponent, road Safety and Chief Safety Officer, Federal Railroad shall not be subject to amendment, and shall not be Administration; Brian Vercruysse, Rail Safety Pro- subject to a demand for division of the question in gram Administrator, Illinois Commerce Commission; the House or in the Committee of the Whole. All Matthew O’Shea, Alderman, 19th Ward of Chicago, points of order against the amendments printed in Chicago City Council, Illinois; and public witnesses. Part C of the report are waived. The rule provides one motion to recommit with or without instruc- EXAMINING HOW THE DEPARTMENT OF tions. Testimony was heard from Chairman Pallone, VETERANS AFFAIRS SUPPORTS SURVIVORS Chairman Lowey, Chairman Scott of Virginia, and OF MILITARY SEXUAL TRAUMA Representatives Walden, Rodgers of Washington, Committee on Veterans’ Affairs: Subcommittee on Over- Granger, Suozzi, Rice of South Carolina, Graves of sight and Investigations; and Women Veterans Task Louisiana, and Foxx. Force held a joint hearing entitled ‘‘Examining How the Department of Veterans Affairs Supports Sur- MANAGEMENT AND SPENDING vivors of Military Sexual Trauma’’. Testimony was CHALLENGES WITHIN THE DEPARTMENT heard from Willie Clark, Deputy Under Secretary for OF ENERGY’S OFFICE OF ENERGY Field Operations, Veterans Benefits Administration, EFFICIENCY AND RENEWABLE ENERGY Department of Veterans Affairs; Julie Kroviak, Dep- Committee on Science, Space, and Technology: Sub- uty Assistance Inspector General for Healthcare In- committee on Investigations and Oversight; and spections, Office of Inspector General, Department of Subcommittee on Energy held a joint hearing enti- Veterans Affairs; and public witnesses. tled ‘‘Management and Spending Challenges within the Department of Energy’s Office of Energy Effi- MORE CURES FOR MORE PATIENTS: ciency and Renewable Energy’’. Testimony was heard OVERCOMING PHARMACEUTICAL from Daniel Simmons, Assistant Secretary, Office of BARRIERS Energy Efficiency and Renewable Energy, Depart- ment of Energy; and public witnesses. Committee on Ways and Means: Subcommittee on Health held a hearing entitled ‘‘More Cures for More AMERICA’S SEED FUND: A REVIEW OF SBIR Patients: Overcoming Pharmaceutical Barriers’’. Tes- AND STTR timony was heard from public witnesses. Committee on Science, Space, and Technology: Sub- CREATING A CLIMATE RESILIENT committee on Research and Technology held a hear- AMERICA: OVERCOMING THE HEALTH ing entitled ‘‘America’s Seed Fund: A Review of RISKS OF THE CLIMATE CRISIS SBIR and STTR’’. Testimony was heard from Dawn Tilbury, Assistant Director, Directorate of Engineer- Committee on the Climate Crisis: Full Committee held ing, National Science Foundation; and public wit- a hearing entitled ‘‘Creating a Climate Resilient nesses. America: Overcoming the Health Risks of the Cli- mate Crisis’’. Testimony was heard from public wit- SBA MANAGEMENT REVIEW: OFFICE OF nesses. CREDIT RISK MANAGEMENT Committee on Small Business: Full Committee held a ARTICLE ONE: FOSTERING A MORE hearing entitled ‘‘SBA Management Review: Office DELIBERATIVE PROCESS IN CONGRESS of Credit Risk Management’’. Testimony was heard Select Committee on the Modernization of Congress: Full from Susan E. Streich, Director, Office of Credit Committee held a hearing entitled ‘‘Article One: Risk Management, U.S. Small Business Administra- Fostering a More Deliberative Process in Congress’’. tion. Testimony was heard from public witnesses.

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Use Astroturfing to Manipulate Regulators, Disenfran- Joint Meetings chise Consumers and Subvert the Rulemaking Process’’, 2 PARLIAMENTARY DIPLOMACY p.m., 2128 Rayburn. Committee on Homeland Security, Full Committee, hearing Commission on Security and Cooperation in Europe: Com- entitled ‘‘About Face: Examining the Department of mission concluded a hearing to examine the power Homeland Security’s Use of Facial Recognition and Other and purpose of parliamentary diplomacy, focusing on Biometric Technologies, Part II’’, 10 a.m., 310 Cannon. inter-parliamentary initiatives and the United States Committee on the Judiciary, Subcommittee on the Con- contribution, after receiving testimony from George stitution, Civil Rights, and Civil Liberties, hearing enti- Tsereteli, Georgian Member of Parliament and Presi- tled ‘‘Citizens United at 10: The Consequences for De- dent of the Organization for Security and Co-oper- mocracy and Potential Responses by Congress’’, 10 a.m., ation in Europe Parliamentary Assembly, Tbilisi, 2141 Rayburn. Georgia; and Attila Mesterhazy, Hungarian Member Committee on Oversight and Reform, Subcommittee on of Parliament and Acting President of the North At- Economic and Consumer Policy, hearing entitled ‘‘A lantic Treaty Organization Parliamentary Assembly, Threat to America’s Children: The Trump Administra- tion’s Proposed Changes to Broad Based Categorical Eli- Budapest, Hungary. gibility for the Supplemental Nutrition Assistance Pro- f gram’’, 10 a.m., 2154 Rayburn. Subcommittee on Environment, hearing entitled ‘‘A COMMITTEE MEETINGS FOR THURSDAY, Threat to America’s Children: The Trump Administra- FEBRUARY 6, 2020 tion’s Proposal to Undermine Protections from Mercury (Committee meetings are open unless otherwise indicated) Air Toxics Standards’’, 2 p.m., 2154 Rayburn. Committee on Small Business, Subcommittee on Rural Senate Development, Agriculture, Trade, and Entrepreneurship, No meetings/hearings scheduled. hearing entitled ‘‘Taking Care of Business: How Childcare is Important for Regional Economies’’, 10 a.m., House 2360 Rayburn. Committee on Appropriations, Subcommittee on Interior, Committee on Transportation and Infrastructure, Sub- Environment, and Related Agencies, hearing entitled committee on Highways and Transit, hearing entitled ‘‘Non Tribal Public Witness Day’’, 9 a.m., 2008 Ray- ‘‘Assessing the Transportation Needs of Tribes, Federal burn. Land Management Agencies, and U.S. Territories’’, 10 Subcommittee on Defense, hearing entitled ‘‘U.S. Stra- a.m., 2167 Rayburn. tegic Command’’, 11 a.m., H–140 Capitol. This hearing Committee on Veterans’ Affairs, Subcommittee on Eco- is closed. nomic Opportunity, hearing on H.R. 5052, the ‘‘WAVES Subcommittee on Interior, Environment, and Related Act’’; legislation on the Class Evaluation Act; legislation Agencies, hearing entitled ‘‘Non Tribal Public Witness on the Edith Norris Rogers Improvement; legislation on Day’’, 1 p.m., 2008 Rayburn. the For Profit Conversions; legislation on the GI Bill Committee on Education and Labor, Subcommittee on Comparison Tool Data MOU; legislation on the Home Early Childhood, Elementary and Secondary Education, Loan Disaster Legislation; legislation on the Increase in hearing entitled ‘‘Solving America’s Child Care Crisis: Frequency of Benefits under Automobile Assistance Pro- Supporting Parents, Children, and the Economy’’, 10:15 grams; legislation on the VET–TEC Guard/Reserve Fix; a.m., 2175 Rayburn. legislation on the VET–TEC Terminal Leave Fix; legisla- Committee on Energy and Commerce, Subcommittee on En- tion on the Authority of the Secretary of Veterans Affairs vironment and Climate Change, hearing entitled ‘‘Clear- to Provide or Assist in Providing Second Vehicles Adapt- ing the Air: Legislation to Promote Carbon Capture, Uti- ed for Operation by Disabled legislation on the Electronic lization and Storage’’, 10 a.m., 2123 Rayburn. Certificates of Eligibility; legislation on the Liability for Committee on Financial Services, Full Committee, hearing Transferred Education Benefits; legislation on the STEM entitled ‘‘Protecting Consumers or Allowing Consumer Eligibility; and legislation on the VET–TEC Improve- Abuse? A Semi-Annual Review of the Consumer Finan- ment Act, 10 a.m., HVC–210. cial Protection Bureau’’, 10 a.m., 2128 Rayburn. Committee on Ways and Means, Subcommittee on Trade, Subcommittee on Oversight and Investigations, hearing hearing entitled ‘‘Trade Infrastructure for Global Com- entitled ‘‘Fake It Till They Make It: How Bad Actors petitiveness’’, 10 a.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Thursday, February 6 10 a.m., Thursday, February 6

Senate Chamber House Chamber Program for Thursday: Senate will meet in a pro forma Program for Thursday: Consideration of H.R. 2474— session. Protecting the Right to Organize Act (Subject to a Rule). Consideration of H.R. 5687—Emergency Supplemental Appropriations for Disaster Relief and Puerto Rico Dis- aster Tax Relief Act, 2020 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue.

HOUSE Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E135 Rouda, Harley, Calif. E134 Levin, Mike, Calif., E136 Sherman, Brad, Calif., E136 Bost, Mike, Ill., E131 Matsui, Doris O., Calif., E132 Stanton, Greg, Ariz., E133 Costa, Jim, Calif., E133 Neguse, Joe, Colo., E135 Stevens, Haley M., Mich., E131 Graves, Sam, Mo., E131, E132, E132, E133, E134, E135 Olson, Pete, Tex., E131 Thompson, Mike, Calif., E131, E133, E136 Herrera Beutler, Jaime, Wash., E132, E134 Pallone, Frank, Jr., N.J., E134 Higgins, Brian, N.Y., E135 Pascrell, Bill, Jr., N.J., E133

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