S4700 CONGRESSIONAL RECORD — SENATE August 2, 2017 required. American workers have wait- of Kansas, to be a Member of the Na- billion each year in State and local ed too long for our country to crack tional Labor Relations Board for the taxes. down on abusive trade practices that term of five years expiring August 27, As I said at the beginning, I have had rob our country of millions of good- 2020. many differences with President paying jobs. The PRESIDING OFFICER. Under Trump, particularly on the issue of im- Today, I am proud to announce that the previous order, the time until 11 migration in some of the speeches and the Democratic Party will be laying a.m. will be equally divided between statements he has made, but I do ap- out our new policy on trade, which in- the two leaders or their designees. preciate—personally appreciate—that cludes, among other things, an inde- The assistant Democratic leader. this President has kept the DACA Pro- pendent trade prosecutor to combat DACA gram in place. trade cheating, not one of these endless Mr. DURBIN. Mr. President, many I have spoken directly to President WTO processes that China takes advan- times over the last 6 months, I have Trump only two times—three times, tage of over and over again; a new come to the Senate to speak out on perhaps. The first two times—one on American jobs security council that issues and to disagree with President Inauguration Day—I thanked him for will be able to review and stop foreign Trump. It is clear that we have very the kind words he had said about acquisitions of U.S. companies if they profound political differences when it Dreamers and the DACA students and are likely to have a detrimental effect comes to the issues that face us, but I those protected by the President’s Ex- on U.S. jobs; penalties for Federal con- come to the floor this morning in an ecutive action. tractors that outsource jobs; stronger unusual position to express my grati- President Trump said to me: Don’t ‘‘Buy American’’ rules; and an out- tude to President Trump for a position worry about those kids. sourcing tax on companies that leave he has taken, which I think is the right Well, Mr. President, I continue to the United States. position for America. worry about those kids. I worry about On the issue of NAFTA negotiations, Let me explain. Five years ago, them now more than ever, not because we are laying out a set of tough prin- President Barack Obama created the I have heard any change of heart or re- ciples that must be a bottom line for Deferred Action for Childhood Arrivals versal from you but because of other any new NAFTA text. I voted against Program, known as DACA. It enabled circumstances that are bringing this NAFTA in 1994. That was 23 years ago. approximately 790,000 talented young issue to a head. The Texas attorney We have seen how it has hurt us in so people to contribute more fully to this general, Ken Paxton, and nine other many ways. There have been some ben- country. They are teachers, nurses, en- States have threatened to sue you, Mr. efits, but overall the loss of jobs is gineers, small business owners, and President, unless by September 5 you painful. More jobs and higher wages more. DACA, which was an Executive rescind the memorandum that estab- have to be our guiding principle, and it action by President Obama, provides a lished DACA by President Obama and needs full transparency with workers temporary legal status to immigrant announce that your administration and the public at the table, not just students who arrived in the United will not renew or issue any new DACA corporations. States as infants, toddlers, and chil- permits. This direct, specific threat to So I hope the administration—and I dren. They have to come forward under the DACA Program has left hundreds always said when I heard Donald this Executive action and register with of thousands of these Dreamers anx- Trump campaign that my views on our government. They have to pay a ious, concerned, and worried about trade are probably closer—I am closer substantial fee for processing. Then their future. to his views than I was to either Presi- they have to submit themselves to a Last week I was joined by Senator dent Obama’s or President Bush’s. I criminal and national security back- CHUCK SCHUMER, our Democratic lead- hope he will listen to us and work with ground check. If they are successful, er, and 40 other Senate Democratic col- us. These are good things to do. We can they are given 2 years of temporary re- leagues in writing a letter to President do them quickly. We can save jobs, cre- lief from deportation. Trump, asking him to order his Attor- ate good-paying jobs. But I say to the This program is based on the Dream ney General, Jeff Sessions, to use all President: We don’t need another in- Act, a bill that I first introduced in the legal options to defend DACA so that vestigation, another study that lan- U.S. Senate 16 years ago—in 2001. That these young people can continue to guishes for months and maybe even bill would give undocumented students contribute to a country they love. years. We need strong, bold action on who grew up in this country a chance Some of my friends on the other side trade, and Democrats will offer those to become legal and to earn their way of the aisle oppose the DACA Program. strong bold ideas later this morning. to citizenship. To them I say: If you don’t support Thank you. These young people have come to be DACA, let’s immediately pass the bi- I yield the floor. known as Dreamers. They came to the partisan Dream Act. If you think United States under the age of 16, some President Obama went beyond his Pres- f of them 1 or 2 years old. They grew up idential authority with this Executive RESERVATION OF LEADER TIME in the United States, going to our pub- action, then let’s take up this matter The PRESIDING OFFICER. Under lic schools, singing the ‘‘Star Spangled where it should be taken up, here in the previous order, the leadership time Banner,’’ pledging allegiance to the the legislative branch of the govern- is reserved. only flag they have ever known, the ment in the U.S. Senate. American flag. They are American in I recently reintroduced the Dream f every way except for their immigration Act with my friend and colleague, CONCLUSION OF MORNING status. We have already invested in LINDSEY GRAHAM of South Carolina. BUSINESS them, as you can tell—invested in their Now that I am in the mood of thanking The PRESIDING OFFICER. Morning education, bringing them up in Amer- Republican leaders, including Presi- business is closed. ican schools. I can’t believe it makes dent Trump, let me thank Senator any sense for the future of our country LINDSEY GRAHAM, as well as Senator f to squander their talents by deporting JEFF FLAKE and Senator LISA MUR- EXECUTIVE SESSION them to countries that many of them KOWSKI. They have stepped forward to have never known. join me in cosponsoring this Dream A recent study by the Center for Act. EXECUTIVE CALENDAR American Progress finds that ending Our government should give these The PRESIDING OFFICER. Under DACA, President Obama’s Executive young people a chance to earn their the previous order, the Senate will pro- action, would cost our economy at way to citizenship. They were brought ceed to executive session to resume least $433 billion in gross domestic to this country as children. They didn’t consideration of the following nomina- product over the next 10 years. The In- make the family decision to cross the tion, which the clerk will report. stitute on Taxation and Economic Pol- border. They have been raised in this The senior assistant legislative clerk icy estimates that the 1.3 million country. They have created no prob- read the nomination of Marvin Kaplan, young people eligible for DACA pay $2 lems in terms of criminal background.

VerDate Sep 11 2014 23:41 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.005 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4701 They have gone to our schools. All lowing DACA to continue under your a solution toward these runaway pre- they are asking for is a chance. administration. Thank you for keeping miums I have talked about ad nauseam When we introduced the Dream Act a your word to me and so many others on the Senate floor? week or so ago, Senator GRAHAM said when you said that these young people We have almost become numb to the that the young people who have re- don’t have to worry. But we are reach- pain people across this country are ex- ceived DACA should be treated fairly ing a moment, Mr. President, when we periencing because of the skyrocketing and not have the rug pulled out from have to come together and do some- rate of their insurance premiums, and under them. LINDSEY GRAHAM is right. thing. We need you and you need us so we know that 28 million, roughly, have Over the years, I have come to the that we can pass important legislation dropped out and are uninsured. In my floor nearly 100 times to tell the stories and you can sign it—legislation that State alone, because of the individual of these Dreamers and to make it per- will give these young people the pro- mandate, which is the penalty the gov- sonal so that we come to know who tection they deserve, the opportunity ernment imposes for one’s failing to they are and why I have taken the time they seek, the chance to make America buy a government-approved health in- to make this a major part of my serv- a greater nation. surance plan—as the Presiding Officer ice in the Senate. These stories put a I know the reality of this issue. I knows because I got the figures from human face on the DACA Program and know it from both political sides. I wit- him—more than 400,000 Texans who on the Dream Act. They show what im- nessed it for over a decade. I know it is earn less than $25,000 a year paid the migration actually means to our coun- not popular, Mr. President, that you penalty because they could not afford try in real terms. have taken this position, to stand be- to buy the insurance. All in all, about This is Juan Martinez. When he was hind the Dreamers and those protected a million Texans paid the penalty be- less than 2 years old, Juan was brought by DACA, but you told me that you cause of the individual mandate. to America from Mexico. He grew up in thought it was the right thing to do, When we tried to do something about Dallas, TX, with his parents and broth- and I am sure you still feel that way. that last week, in working with our ers. He was an honor student in high Your new Chief of Staff, General House colleagues, what was the re- school. He graduated and was valedic- Kelly, and I have had many conversa- sponse from the other side? It was torian of his class with a 3.9 GPA, a tions about this, and I believe that he, crickets—silence. Unfortunately, the member of the National Honor Society, too, thinks that legislation is nec- people who were hurt by ObamaCare an active member of the debate team, essary to protect these young people. I are still being hurt by ObamaCare. and in student government. hope we can come together. I stand Now, here is the narrative. I have al- He was an accomplished student, but ready. Senator GRAHAM stands ready. ready seen it on social media and have he was also a very active community We have a bipartisan coalition pre- read about it in the paper and else- volunteer. Juan helped organize food pared to work with you. where. Some people are saying: Well, drives at the local food banks, he cared Let’s not let this decision be made in the reason insurance companies are for children at recreation centers while a courtroom somewhere far from Wash- saying that premiums are going to go their parents worked, and he volun- ington. Let’s take on our responsi- up 30 percent next year is that Presi- teered in soup kitchens. bility, yours as President and ours in dent Trump will not commit to the In his senior year of high school, he the Senate, to address this critical subsidies for insurance companies, the applied to his dream school—once my issue that really cries out for justice. so-called CSRs. dream school—Georgetown University, This is the time to do it. The concern, That is utterly false. How do they ex- and he was accepted. As a college stu- anxiety, and stress is higher than ever plain the 105-percent increase from 2013 dent, Juan has studied international among these populations of people af- to currently? How do they explain last politics, concentrating on security, fected by DACA and the Dream Act year’s increase in insurance premiums, minoring in the Arabic language. In his and, of course, their families as well. I 25 percent, on average, and 145 percent first year of college, Juan was elected hope you will join us in creating a legal in places like Arizona before President as a student senator. option that will defend the DACA Pro- Trump even took office? It is a demon- In his spare time here in Washington, gram and will work with us in Congress strably false narrative, and I cannot he mentors disadvantaged high school to make the Dream Act the law of the tell you how disappointed I am that we students so that they can apply suc- land so that we can say to young peo- were not able to make some progress cessfully for college. His dream one day ple like Juan Martinez and hundreds of toward a solution on behalf of the peo- is to work for our government, to help thousands of others: Yes, we will give ple whom I represent in my State but our country—the country that he calls you your chance—give you your chance also on behalf of the people whom we home—and to make the world a safer to prove that you can become a valu- all represent across the United States. place. able part of America’s future, give you I dare say, as we search for a path Juan sent me a letter, and this is a chance to make America a stronger forward, we ought to get our facts what he said: nation. That is all they have asked for, straight, and the idea that premiums are going to go up 30 percent next year, Thanks to DACA I can focus on my studies and that is something we, on a bipar- without worrying that it may all be taken tisan basis with the President, should unless something changes, is a product away from me any second. I have always give them. of the failure of ObamaCare. It is noth- thought of myself as an American, but it is I yield the floor. ing that this administration has done thanks to DACA that I can begin to truly The PRESIDING OFFICER (Mr. or will do that has caused that. So let’s feel like one, too. And that feeling is some- DAINES). The Senator from Texas. get our facts straight because starting thing I am thankful for every single day. HEALTHCARE with the correct facts is absolutely es- Juan and other Dreamers have so Mr. CORNYN. Mr. President, I note sential to coming up with real solu- much to contribute to this country. in this morning’s news that insurance tions. But without DACA, without a similar companies that provide health insur- WORK BEFORE THE SENATE protection, Juan could be deported ance policies on the ObamaCare ex- Mr. President, we sometimes are our back to Mexico, a country where he changes are projecting that insurance own worst enemy in the U.S. Senate. hasn’t been since he was 2 years old. premiums will go up about 30 percent We do something really important, Would we be a stronger nation if we next year. really good, and really bipartisan, and lost Juan Martinez—if he were de- Since 2013, we have seen the nation- then we do not tell anybody about it. ported? I don’t think so. I think the an- wide average of premiums go up 105 We leave it to them to discover it for swer is clearly no. percent. That was before this latest an- themselves. Last night, for example, When we introduced the Dream Act nouncement. We know that in 2017, the we passed major, bipartisan, bicameral last week, Senator LINDSEY GRAHAM national average increase in premiums legislation to continue the Veterans said: ‘‘The moment of reckoning is was 25 percent, and in Arizona, for ex- Choice Program. At a time when so coming.’’ ample, it was 145 percent. much is polarized here in Washington I would say to the President first: So why did all of the Senate Demo- and people are hungry for bipartisan- Again, thank you. Thank you for al- crats vote against making progress on ship and solution-oriented leadership,

VerDate Sep 11 2014 23:41 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.006 S02AUPT1 S4702 CONGRESSIONAL RECORD — SENATE August 2, 2017 when they get it on something like the I heard one of our colleagues last Some people seem to have forgotten Veterans Choice Program, we do not week stand in front of the Nation and that. talk about it. This is really important say nothing ever gets done. Well, we Again, I hope we have a big, robust to our veterans—people to whom, I be- are doing some important things. The package of noncontroversial nomina- lieve, we have a solemn commitment Veterans Choice Program and the FDA tions approved before we leave for the as a result of their service to our coun- reauthorization bill are important, rest of the month of August. I think it try. lifesaving bills that are being passed on is too important to leave town without Over the last few years, we have a bipartisan basis. that. We need our President to succeed heard how the Veterans Health Admin- Then, of course, there is the backlog so the country can succeed. This is istration has been plagued by ineffi- of the President’s nominees. what every American who voted for ciency, unaccountability, and poor I have never seen anything quite like President Trump hoped for, and they quality of care. The VA has been hin- it. We had an election on November 8, trusted him to choose men and women dered too long by unnecessary bureau- but for many of our colleagues, the for his Cabinet to lead and guide our cratic hurdles, which have been incred- election remains undecided. They do country. I have to say, he has done a ibly frustrating and deadly, I am not accept the verdict of the American remarkably good job in the people afraid, in some cases, for our veterans. people and the electoral college that whom he has chosen for his Cabinet so We have heard stories about veterans President Trump won the election and let’s come together and confirm these having to travel hours to get medical that Hillary Clinton lost. That is how appointees so the administration can care, sometimes causing them to ac- they, somehow, justify their consistent better serve our Nation and all Ameri- cept lower quality care or to forgo that foot-dragging and obstruction when it cans. care entirely. Sadly, in some cases, comes to the President’s nominees for I yield the floor. The PRESIDING OFFICER. The Sen- veterans turn to coping mechanisms, important offices, including his Cabi- self-destructive activity—self-medi- ator from Washington. net. Mrs. MURRAY. Mr. President, thank cating—with drugs or alcohol because It is the President’s prerogative to they simply cannot get access to genu- you. nominate whom he wants to serve in I come to the floor today to urge my inely helpful medical care. the executive branch, but it is our The Veterans Choice Program was colleagues to vote no on the nomina- duty, our responsibility, to carefully tion that we will vote on shortly. designed to help address that by ensur- consider their qualifications before ing that veterans could receive timely On the campaign trail, President coming together to confirm them. Now, Trump promised to put workers first. appointments close to where they live. we have had people who had been wait- Instead, President Trump’s administra- If they had to drive too far or if they ing months for their nominations to be tion has rolled back worker protections had to wait too long for an appoint- confirmed and who were confirmed by and prioritized corporate interests at ment at a veterans facility, we said: almost unanimous votes of the Senate, the expense of workers. You could show up at your local which tells me we were delaying those It is critical, now more than ever, healthcare provider’s, and we will pay votes unnecessarily. If they were truly that the NLRB remain independent and for it through the Veterans Choice Pro- controversial, I think it would be re- committed to advocating for workers gram. and their right to organize, but I am The VA Choice and Quality Employ- flected in the votes for their confirma- deeply concerned that President ment Act of 2017 continues that impor- tions, but they are not. Let me just name one—our former Trump’s nominee, Mr. Kaplan, does not tant program and guarantees veterans colleague, Kay Bailey Hutchison, who have a record of supporting the rights that they will have access to care with- has been nominated to serve as the of workers and unions. out interruption. At his nomination hearing, Mr. This bill also strengthens the VA’s Ambassador to NATO. I cannot think of a more qualified person than my Kaplan confused basic labor issues and ability to recruit, train, and retain its decisions, further proving he lacks the valuable workforce, which will help the good friend, the former Senator from Texas. Our country needs leadership in knowledge and experience to serve on VA continue to improve veterans’ care. this important board. NLRB members I am glad we were able to pass this leg- Brussels, at NATO, to help counter Russian aggression and threats and in- should be committed to standing up for islation last night to ensure that this workers, and it is clear Mr. Kaplan program can continue serving veterans. timidation against our allies in the re- gion, but that is just one example. does not make the cut. In moving forward, both Chambers I urge my colleagues to join me in should continue to work with the VA Last night, the Senate confirmed the FBI Director—I am grateful for that— doing what President Trump has failed to get the agency back on track and to do, and that is to put workers first. right the years of poor quality of care but they also confirmed—again, in the dead of night when nobody was paying Vote against this nomination. and of service to our veterans for Thank you. attention—eight other Department of whom, I believe, we have a sacred obli- I yield the floor. Defense nominees. Now, if our Demo- gation, a solemn commitment, based CLOTURE MOTION cratic colleagues had good reason to on their service to our country. The PRESIDING OFFICER. Pursuant delay those confirmations because they Next, we will focus on another impor- to rule XXII, the Chair lays before the felt like they were controversial, that tant piece of legislation. This is au- Senate the pending cloture motion, is their right, but evidently they were thorizing the Food and Drug Adminis- which the clerk will state. tration’s user fee program. willing to let those people who had The legislative clerk read as follows: been nominated to the Department of This is how the Food and Drug Ad- CLOTURE MOTION Defense be confirmed, basically, by ministration actually considers and ap- We, the undersigned Senators, in accord- proves new drugs that can save lives consent after months and months of ance with the provisions of rule XXII of the and improve the quality of lives. These delay. Standing Rules of the Senate, do hereby partnerships between the public and We have a lot of other nominations move to bring to a close debate on the nomi- private sectors ensure that patients that are backlogged due to the unfortu- nation of Marvin Kaplan, of Kansas, to be a will have access to safe and effective nate obstruction and foot-dragging of Member of the National Labor Relations drugs and medical devices while also our Democratic colleagues, and I, for Board for the term of five years expiring Au- maintaining America’s position as a one, do not think we ought to leave in gust 27, 2020. Mitch McConnell, Chuck Grassley, Marco global leader in medical innovation. August—this month—without a big, ro- Rubio, Deb Fischer, John Cornyn, Faster approvals mean treatments and bust package of the confirmations of Susan M. Collins, Lamar Alexander, cures reach patients sooner. Increased these noncontroversial nominees. Roy Blunt, Luther Strange, Pat Rob- competition leads to lower costs, and It is time to get over the election. erts, James Lankford, Bob Corker, that, in turn, means more lives saved. That was on November 8. We used to Richard C. Shelby, John Barrasso, Joni This is another example of what, I be- see a difference between elections and Ernst, Orrin G. Hatch. lieve, will be a bipartisan accomplish- the responsibility of governing. Re- The PRESIDING OFFICER. By unan- ment of the current Senate and current gardless of who wins the election, we imous consent, the mandatory quorum Congress. still have the responsibility to govern. call has been waived.

VerDate Sep 11 2014 23:41 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.008 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4703 The question is, Is it the sense of the We all know that strong unions have This is not a difficult concept for Senate that debate on the nomination helped to create our middle class, and workers across the country to grasp. If of Marvin Kaplan, of Kansas, to be a for many working families in the 20th you are not qualified for a job that is Member of the National Labor Rela- century, a good union job, or the right this important or if you want to under- tions Board, shall be brought to a to collective bargaining, helped them mine the basic goals of the law, you close? move up the economic ladder. But over shouldn’t get the job. The yeas and nays are mandatory the past few decades, we have seen a So I will be voting no on Mr. under the rule. decline in unions and union member- Kaplan’s confirmation. I urge my col- The clerk will call the roll. ship across the country. As a result of leagues to do the same. The legislative clerk called the roll. that, our economy has started to favor I know my colleagues on both sides Mr. CORNYN. The following Senators corporations and those at the top. This of the aisle want to strengthen our are necessarily absent: the Senator paved the way for President Trump and economy and rebuild our middle class. from North Carolina (Mr. BURR) and billionaires like him to take advantage So I hope we can stand with working the Senator from Arizona (Mr. of their workers, with little recourse families across the country who today MCCAIN). for everyday people who are the back- are simply asking for a fair shot. The PRESIDING OFFICER (Mr. SUL- bone of our country. Thank you, Mr. President. LIVAN). Are there any other Senators in The National Labor Relations Board I yield the floor. the Chamber desiring to vote? gives workers the opportunity to file The PRESIDING OFFICER. The Sen- The yeas and nays resulted—yeas 50, charges against corporations when ator from Hawaii. nays 48, as follows: they are illegally fired or when cor- Mr. SCHATZ. Mr. President, there porations retaliate against workers for [Rollcall Vote No. 183 Leg.] are two reasons why every Member of exercising their rights. President YEAS—50 the Senate should vote against con- Trump should be familiar with the firming Marvin Kaplan to the NLRB. Alexander Flake Perdue NLRB, as his own businesses have had Barrasso Gardner Portman The first is that he is just not quali- Blunt Graham Risch complaints filed numerous times. That fied. Boozman Grassley Roberts is precisely why it is so important that The NLRB is the Federal agency that Capito Hatch Rounds the Board is independent and is com- enforces our labor laws. It protects the Cassidy Heller Rubio mitted to advocating for workers and Cochran Hoeven rights of workers and the private sec- Sasse their right to organize. Collins Inhofe Scott tor to organize for better wages and Corker Isakson The preamble of the National Labor Shelby better working conditions. It is up to Cornyn Johnson Strange Relations Act clearly states that it is Cotton Kennedy them to make sure that their employ- Sullivan the policy of the United States to en- Crapo Lankford ers follow the law and that when there Cruz Lee Thune courage collective bargaining and to is an issue between employers and em- Tillis Daines McConnell give workers a voice, allowing them to ployees, everyone acts reasonably. Enzi Moran Toomey speak up for fair wages and safe work- Ernst Murkowski Wicker Democrats and Republicans who have Fischer Paul Young ing conditions. It is the responsibility served on the NLRB have been the top of the NLRB to ensure that workers NAYS—48 labor and employment attorneys in are being treated fairly and to resolve their fields. They have had long careers Baldwin Gillibrand Murray disputes between corporate manage- working on labor issues, either as law- Bennet Harris Nelson ment and workers. Blumenthal Hassan Peters yers or as law professors. Many of them So it is clear to me that Board mem- Booker Heinrich Reed have spent time as staffers on the Brown Heitkamp bers should believe in the core mission Sanders NLRB board. In other words, they un- Cantwell Hirono Schatz that I just stated of the NLRB and derstand the labor issues better than Cardin Kaine Schumer should be committed to standing up for Carper King Shaheen anyone. They may have a unique per- workers and their right to collective Casey Klobuchar Stabenow spective on it one way or the other— Coons Leahy Tester bargaining, which is exactly why I sort of pro-management or pro-labor— Cortez Masto Manchin Udall have very serious concerns about Mr. Donnelly Markey Van Hollen but there is no question that previous Marvin Kaplan’s record, which has Duckworth McCaskill Warner nominees and previous members of the largely been in opposition to the work Durbin Menendez Warren Board know labor law. Feinstein Merkley Whitehouse and mission of the NLRB. Franken Murphy Wyden As a labor staffer in the House of Marvin Kaplan doesn’t fit this pro- file. He is not a lawyer with any rel- NOT VOTING—2 Representatives, Mr. Kaplan prepared evant labor experience. He has no Burr McCain and staffed hearings where Republicans consistently attacked the NLRB. In record and no public positions on rel- The PRESIDING OFFICER. On this fact, I would be hard-pressed to name a evant labor law. What he is is a well- vote, the yeas are 50, the nays are 48. single example of Mr. Kaplan sup- connected Capitol Hill staffer. His only The motion is agreed to. porting the rights of workers and qualification, that I can find, is that he The Senator from Washington. unions. has drafted some legislation for a com- Mrs. MURRAY. Mr. President, I come In addition to Mr. Kaplan’s opposi- mittee in the House of Representatives. to the floor today to stand up for the tion to the core mission of the Board, That does not stack up against the re- workers President Trump is failing. As I also have deep reservations about Mr. sumes of any other member who has a candidate running for President, Mr. Kaplan’s lack of legal experience prac- served on the Board—Democrat or Re- Trump promised workers that he would ticing before the NLRB. When I asked publican. put them first and that he would bring Mr. Kaplan about his lack of practical This lack of experience is dangerous. back good-paying, respectable jobs to qualifications, his responses were tell- It means he will not know the intrica- their communities, but since day one, ing: Have you ever represented a party, cies and the historical development of President Trump has done the exact employer, or a union in an unfair labor labor law. He will simply be a opposite. He has rolled back worker practice case or representation case be- rubberstamp who brings a political protections and made it harder for fam- fore the Board? No. Have you ever rep- agenda to the Board, because he has no ilies to be more secure. resented a worker in an employment on-the-record opinions on these issues Now, this doesn’t come as a surprise matter? No. of his own. to me, especially when I look at Presi- What is more, when asked to speak That was clear from the hearing on dent Trump’s record as a businessman. on the pressing questions facing the his nomination, when he would not I have to say that he has refused to Board at his confirmation hearing, he properly commit to recuse himself allow even his own hotel workers to or- actually confused basic labor issues from any issues he had worked on and ganize or join a union, preventing them and decisions, further calling into to approach issues with an open mind, from having the opportunity to better question whether he has the experience which brings me to the second reason. advocate for safer working conditions and knowledge to serve on this criti- If somehow Senators can make an ex- and better pay. cally important Board. cuse for his lack of experience, we can’t

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.013 S02AUPT1 S4704 CONGRESSIONAL RECORD — SENATE August 2, 2017 deny that this is the opposite of the rates and the purchasing power of wage sector employment in the 1950s to less message that Congress should have re- earners.’’ than 7 percent of private sector em- ceived during the 2016 election. There are a lot of important words ployment today. This is all the more In November, Americans made clear there. When you have inequality of reason to stop this assault on workers that Washington had failed working bargaining power, the findings of the and labor unions. families and that we have not done Congress at the time said that would Nominees with a partisan history of enough to stand up for American work- burden and affect the flow of com- working to undermine unions or under- ers. merce. So that tells you the impact on mine the National Labor Relations Act Now here we are about to confirm a commerce. It also says that when you or undermine the National Labor Rela- nominee to the NLRB, and the only ex- have inequality of bargaining power, tions Board should not be confirmed to perience he has is that he has drafted that aggravates business depressions, a position where they are supposed to legislation to hurt American workers. and the result of that is depressing act as an arbiter to protect the rights The Board is about to face some im- wages and depressing purchasing of workers to form a union and to bar- portant decisions. They could reverse a power. gain collectively. So I urge my col- decision that holds big companies ac- Everyone here knows that when we leagues to oppose the nomination of countable for how their contractors are measuring the American economy Marvin Kaplan to the National Labor treat workers. The future of American today—I am sure this has been true for Relations Board. workers and their ability to organize many generations but especially Madam President, I yield the floor. will be influenced by this Board, which today—the consumer plays a substan- I suggest the absence of a quorum. includes any members confirmed by tial role in our economy. So if that The PRESIDING OFFICER. The the Senate. consumer, that worker has lower clerk will call the roll. If Mr. Kaplan is appointed, it will wages, that is not good for anyone. So The bill clerk proceeded to call the further silence workers who already giving workers the right to both orga- roll. feel that they aren’t being heard in nize and collectively bargain allows Mr. BROWN. Madam President, I ask Washington, DC. them to demand higher wages, thereby unanimous consent that the order for A vote for Mr. Kaplan is a vote that increasing their incomes and that pur- the quorum call be rescinded. ignores the voices of American work- chasing power which is so critically The PRESIDING OFFICER. Without ers. It is a vote that further politicizes important. That, in turn, of course, in- objection, it is so ordered. the NLRB at a time when we need to creases consumption and demand for Mr. BROWN. Madam President, dur- shore up our institutions against blind, goods, which, of course, increases pro- ing his campaign, President Trump corrosive ideology. duction and employment. So all of made a lot of big promises to workers I urge my colleagues to vote no on these are tied together. Wages and ben- in Ohio and across the country. He told this nominee. efits affect the economy, not just the them he would look out for them. I yield the floor. worker and his or her family. In a letter I sent to the President 2 I suggest the absence of a quorum. I believe there is now a concerning days after the election, on November 10 The PRESIDING OFFICER. The trend to weaken the National Labor or 11, asking the President to work clerk will call the roll. Relations Act and to tilt the Board with me to renegotiate NAFTA, insist- The legislative clerk proceeded to against workers. Mr. Kaplan’s nomina- ing on ‘‘Buy American’’ provisions and call the roll. tion is another sign of this disconnect infrastructure, the President scrawled Mr. CASEY. Madam President, I ask between the rhetoric of the administra- across the top of the letter: ‘‘I will unanimous consent that the order for tion claiming to be pro-worker and its never let down workers.’’ the quorum call be rescinded. actions that are of late anything but He said he would look out for them, The PRESIDING OFFICER (Mrs. pro-worker. The administration claims but too often the people he puts in ERNST). Without objection, it is so or- it is here to support workers, but at charge are along the lines of this latest dered. every turn, we have nominees who have nominee to the National Labor Rela- Mr. CASEY. Thank you, Madam spent their careers working in the op- tions Board, Marvin Kaplan. Mr. President. posite direction. Kaplan has devoted his career—imag- I rise to speak in opposition to the We know that in the 1950s and 1960s, ine such a thing—to working to strip nomination of Marvin Kaplan to serve the economy worked well for working workers of their rights and trying to as a member of the National Labor Re- Americans because 35 percent of work- undermine the workers’ watchdog he is lations Board. Mr. Kaplan has spent ers were in a labor union. The decline now seeking to join. I never question much of his career as a staff member in of unions, the decline of the workers’ people’s motives in this body. I just Congress, where he worked to under- voice, and the decline of collective bar- don’t quite understand why somebody mine unions and the rights of workers gaining have helped to lead us where would devote his work life to trying to to bargain collectively. we are today—stagnant wages over a take away workers’ rights and under- A key role of the National Labor Re- long period of time, as well as power, mine labor protections. Someone who lations Board is to preserve the right of wealth, and income, of course, con- views unions and collective bargaining workers to bargain collectively. The centrated at the top. as a threat to be dealt with rather than Board itself is charged with enforcing So we know that unions helped work- as essential rights to be protected has the National Labor Relations Act, ers to win higher wages, job security, no business serving on the National which Congress passed in 1935 in the and unprecedented benefits, including Labor Relations Board. depths of the Great Depression. The act paid vacations, paid sick leave, and The National Labor Relations Board gave workers the right to join unions, pensions that gave those workers and was created, in part, at this desk. Then and it encouraged and promoted collec- their families a measure of security, Senator Hugo Black of Alabama, in the tive bargaining as a way to set wages but it also increased their purchasing early 1930s, sat at this desk. At this and settle disputes over working condi- power, and it also, of course, strength- desk, one of the pieces of legislation he tions. ened the economy. American family in- wrote was the minimum wage law. One This law that passed in the 1930s— comes grew by an average of 2.8 per- of the other pieces of legislation he and is still in effect today—is not sim- cent per year from 1947 through 1973, worked on with Senator Wagner was ply a benefit to workers; it also bene- with every sector of society seeing its the National Labor Relations Act. In fits businesses, and it also benefits the income roughly double. those days, people understood that you economy. Section 1 of the act says, in We know now that in the last number had created the National Labor Rela- pertinent part: ‘‘The inequality of bar- of years, it has been a different story. tions Act to strengthen workers, to gaining power between employees . . . Families across Pennsylvania and the create workers’ rights, and to protect and employers . . . substantially bur- United States know that the story is those workers’ rights. dens and affects the flow of commerce, much different. It is not a coincidence Mr. Kaplan’s nomination sets that on and tends to aggravate recurrent busi- that union membership has declined its head. It is the latest in a long, long ness depressions, by depressing wage from its peak of 35 percent of private line of evidence that we in this country

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.015 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4705 simply don’t value work the way that I went to my high school reunion in He said: we used to. Workers have continually Mansfield, OH, about a year and a half It gives voice to those who have none . . . seen their rights undermined. Workers’ ago. I sat across from a bank teller who unmasks the powerful who trample on the wages have been stagnant. People who works for one of the largest banks in rights of the most vulnerable workers, de- work hard and play by the rules don’t the United States. She has worked at fends the cause of the foreigner, the least, have the standard of living they had in that bank for 30 years. She makes the discarded. our parents’ generation or even half of $30,000 a year, and she has worked at a This is the Pope talking. a generation ago. bank, as a bank teller, for most of the Think about airline baggage han- We see companies refusing to pay last 30 years. That is not respecting the dlers. Airline baggage handlers used to overtime to workers who have earned dignity of work. That is simply under- make a good union wage. They used to it. We see companies misclassify work- mining the value of work. work for United. They used to work for ers so that companies can pay them Pope Francis said: American. They used to work for less. We see executive salaries and CEO The person thrives in work. Labour is the Delta. Now they work for private com- compensation going up and up and up. most common form of cooperation that hu- panies that are contracted by United, Yet for the broad middle class in this manity has generated in its history. American, and Delta. Airline baggage Work is a form of civil love . . . that handlers’ wages in the last 10 years country, for people who aspire to be makes the world live and carry on. middle class, for low-wage workers, have dropped 40 percent. They are Yet too often that work—the co- they have simply not gotten a raise for working just as hard—they are prob- operation that gives life purpose and the last 20 years. So then, are we going ably working harder—but they are that powers our country—does not pay making 40 percent less than they used to appoint somebody to the National off for the people who are doing it. Labor Relations Board—the President to. While corporate profits are up, the Again, the Pope said: says we are going to confirm somebody GDP is up, and executive salaries have to the National Labor Relations . . . unmasks the powerful who trample on exploded upward, wages have barely the rights of the most vulnerable workers, Board—who has devoted his entire ca- budged. Workers simply have not reer to undermining workers, to taking defends the cause of the foreigner, the least, shared in the wealth they have created. the discarded. away workers’ rights, to scaling back I went to an auto plant once after the The capitalism of our time does not under- workers’ protections, and to scaling passage of the North American Free stand the value of the trade union because it back wages—all these things we as a Trade Agreement. At my own expense, has forgotten the social nature of the econ- country never stood for? I flew to Texas. I was representing a omy, of the business. This is one of the I don’t know what is happening in congressional district in Northeast greatest sins. this country that we think it is right Ohio then. I rented a car with a friend, We know from rightwing attacks on to deprive workers of their wages, to went across the border from New Mex- the labor movement, from so-called take away overtime, to basically hit ico, and I visited an auto plant in Mex- right-to-work bills to Mr. Kaplan’s ef- workers day after day after day in ico. It was an American company, but forts to undercut rules that protect their pocketbooks, all while produc- it was in Mexico. workers, that too many in this country tivity goes up, profits go up, and while This auto plant looked just like an do not understand the value of the executive compensation goes up. American auto plant. It was clean, and trade union. When I was a kid, the average CEO- it was up-to-date. In fact, it was newer Right now, in Mississippi, auto- to-worker ratio of pay was about 35 to than most of our auto plants. The workers at Nissan are organizing and 1 or maybe even less than that. Today floors were clean, the workers were trying to form a union, and the cor- it is often 300 or 400 to 1. The CEO will working hard, and the technology was poration has responded. This foreign make 300 times what the average work- up-to-date. corporation has responded with des- er in the same company makes. How Do you know the difference between picable intimidation tactics. This is much is enough? What moral principle the American auto plant and the Mexi- one of the most powerful, profitable says to pay a CEO 300 or 400 times what can auto plant? The Mexican auto companies in the world that is attack- a worker makes? How much do they plant did not have a parking lot be- ing workers one at a time in Mis- need? Why do they keep doing that? cause the workers did not make sissippi. They keep doing that in part because enough. They were not paid enough by One worker said: ‘‘There is no atmos- of people like Mr. Kaplan, who always this American auto company. They phere of free choice in the Canton sides with the CEOs against the work- were not paid enough in Mexico to buy plant—just fear—which is what Nissan ers. As we think about this, I think ev- the cars they make. The work was not intends.’’ erybody in this body can learn some- respected, profits were going up, the It is shameful the lengths that this thing from Pope Francis. At the end of GDP was going up, executive salaries corporation is going to—all to prevent June, Pope Francis spoke to workers in were going up, and the workers were workers from bargaining for fair pay. Italy at the Italian Confederation of not sharing in the wealth they created. It is why we need a strong, not an un- Trade Unions. He was talking about This is a universal problem. It affects dercut, weakened, emasculated Na- something we do not think about much blue-collar workers, and it affects tional Labor Relations Board. We need in this town that really ought to be at white-collar workers. It is in the indus- a strong National Labor Relations the heart of everything we do. He trial heartland of Ohio, and it is on the Board to defend these workers and de- talked about the value and the dignity farmlands of Iowa. It is a problem on fend our laws on the books because an of work. An employer—a CEO—cannot both coasts. People earn less. People attack on unions is an attack on all say that he—and it is usually a ‘‘he’’— cannot save for retirement. People feel workers. It is an attack on our econ- values work when he takes away work- less stable—all while working harder, omy as a whole because it depresses ers’ rights. He cannot say he appre- all while producing more for their em- wages. ciates the dignity of work, when he ployers, which feeds right into huge ex- There is the idea that you give tax scales back their wages or cheats them ecutive compensation, but they do not cuts to the richest people in the coun- out of their overtime or takes away, by share in the wealth they create for try and that you make sure executive misclassification, the dollars she has their companies. They are also less salaries are $5- and $10- and $15 million. earned. likely to have a union card that pro- You squeeze workers so they do not get When Pope Francis talked about the tects them. increases. Is that a good economy? No. dignity and value of work, he meant all So the President’s appointment to The money does not trickle down and work. He meant looking out for the lit- the National Labor Relations Board is build the economy. You build the econ- tle guy whether she punches a time pretty much a guy who has tried to omy from the middle out. We know clock or fills out a timesheet or makes make sure unions do not get a foothold that. a salary or earns tips, whether she is a in our economy and in our companies. In the 1990s, we built the economy contract worker or a temporary work- The Pope spoke about the labor from the middle out, with 22 million er, whether he works in a call center or group. He said it performs an ‘‘essen- private sector jobs during the Clinton in a bank or on a factory floor. tial role for the common good.’’ years. In the Bush years, they had two

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.017 S02AUPT1 S4706 CONGRESSIONAL RECORD — SENATE August 2, 2017 huge tax cuts for the rich under the for American workers. We can start and like both of his grandfathers, Cor- Wall Street Journal theory that it today by rejecting this anti-worker poral Alexander was stationed at Fort would trickle down and everybody nominee. Lewis in Washington State. would be better. There was literally no I yield the floor. When he first arrived, his unit had net private sector job increase during (Disturbance in the Visitors’ Gal- just returned to Fort Lewis from a de- the Bush years. There were 22 million leries.) ployment. Matthew had to wait until private sector jobs in the Clinton years The PRESIDING OFFICER. Expres- the next deployment cycle to go over- and zero net growth in the Bush years. sion of approval or disapproval is not seas. He did not like that delay. As a That is because, during the Bush years, permitted in the Gallery. brave soldier, eager to defend his coun- they believed the economy was built Mr. BROWN. Madam President, I sug- try, Matthew wanted to be in the fight. from the top down. It is not large busi- gest the absence of a quorum. Several months later, Matthew’s unit nesses that drive the economy—it is The PRESIDING OFFICER. The deployed to Mosul, Iraq. They assisted the workers. That is how you grow the clerk will call the roll. with the training of the Iraqi militia. economy—from the middle class out. If The senior assistant legislative clerk From the beginning of Operation work is not valued, Americans cannot proceeded to call the roll. Iraqi Freedom, Mosul has been the cen- earn their way to better lives for their Mrs. FISCHER. Madam President, I ter of battle. The fighting escalated in families no matter how hard they ask unanimous consent that the order 2006 during the Sunni awakening. Dur- work. for the quorum call be rescinded. ing the training of Iraqi forces and That is what I think of when I hear The PRESIDING OFFICER. Without while conducting combat patrols, Pope Francis talk about the social na- objection, it is so ordered. troops in Mosul encountered enemy at- ture of our economy. Work has to sup- HONORING NEBRASKA’S SOLDIERS WHO LOST tacks on a daily basis. port families and communities. Today THEIR LIVES IN COMBAT Matthew returned home on leave in businesses seem to be more focused on Mrs. FISCHER. Madam President, I February of 2007, and he proposed to cutting costs than on investing in their rise to continue my tribute to Nebras- Kara. They were married 2 weeks later, workforces. Workers are often nothing ka’s heroes and the current generation on February 14, Valentine’s Day. Re- more than a line item in a budget, a of men and women who lost their lives garding their very short engagement, cost to be minimized. More businesses defending our freedom in Iraq and Af- Kara simply explained that Matthew use temp workers, more businesses use ghanistan. Each of these Nebraskans felt strongly about being married be- contractors—look at the airlines—and has a special story to tell. fore he returned to combat. more businesses use subcontractors. CORPORAL MATTHEW ALEXANDER When Matthew returned to Iraq, he They pay a lower wage. They provide Madam President, today, I recall the learned that his unit had moved to less job security. They roll back their life and the service of Army CPL Mat- Baqubah. The Battle of Baqubah began retirement benefits. They undercut thew Alexander, a native of Gretna, in March. The enemy used hit-and-run their health benefits, and they take NE. tactics to harass Allied forces that away legal protections. We have to Matthew was drawn to the military were trying to control the city. During change this. at a young age. His parents Mel and April and May, the fighting intensified, This spring, I laid out a plan to make Monica and brother Marshall described and casualties were high. Some likened work pay off by raising wages and ben- him as always eager to be part of a the fierce fight to the close quarters of efits, including retirement, giving team. He practiced martial arts, played the combat of Vietnam. workers more say and more power in the piano, and participated in band as It was in this heat of battle that CPL the workplace, encouraging companies a kid. As a member of the Gretna High Alexander showed heroism and leader- to invest in their greatest asset—the School band, Matthew helped to orga- ship when an IED hit a Bradley Fight- American worker. My plan to restore nize the uniforms and shoes before con- ing Vehicle on one of his missions. As the value of work has to include the certs to ensure that all of the band Matthew’s section rushed to the burn- labor movement. Modernizing labor members were ready to perform. He ing Bradley, the other vehicle com- law means recognizing the right of all helped his band mates play at their mander told him to block off the south- workers, even those in alternative best, and his caring and compassionate ern approach and prevent the enemy work arrangements, to collectively nature stood out among his classmates. from attacking up the road. While the bargain for higher pay and better Matthew and his wife Kara had been Bradley continued to burn and take wages. friends since childhood. Kara described machine gun fire, Matthew acted with- Pope Francis concluded: the teenage Matthew as somebody who out further instructions, and he saved There is no good society without a good could not sit still and who loved to lives. He set up his vehicle to prevent union, and there is no good union that is not learn. He took a keen interest in his- the attacking enemy forces from shoot- reborn every day in the peripheries that does tory and English classes in high school. ing accurate fire into those helping not transform the discarded stones of the He was also comfortable in talking with that rescue operation. For his economy into its cornerstones. with anyone and often referred to the valor, Matthew received the Army We are a country of discarded mothers of his friends as ‘‘Mom.’’ Kara Commendation Medal. stones—of people who rose from hum- recalled how Matthew always had a One of the members of Matthew’s ble beginnings and joined together to grin or a smile on his face. Matthew platoon, SSG Mark Grover, remem- build institutions that were greater also loved his church youth group, and bered Matthew feeling surprised to than any one of us. We need laws that he embraced his Lord and Savior, Jesus have been recommended for the honor. reflect that—that reflect the dignity of Christ. He said that he was just doing the right work and that reflect, as in the Pope’s Matthew always wanted to be a sol- thing to protect his fellow soldiers. words, the dignity of every discarded dier, and the 9/11 terrorist attacks fur- Days before a mission on Sunday, stone, of each and every American who ther solidified his desire to defend his May 6, Matthew called home to talk to works too many hours for too little country. He enlisted in the Army his mother Monica and to Kara. Trag- pay. shortly before graduating from Gretna ically, this was the last time he spoke The last thing we need for the Na- High School in May of 2004, and he to loved ones. While on the mission, an tional Labor Relations Board is an- shipped off to basic training that sum- improvised explosive device detonated other nominee who does not value mer. near his vehicle, killing him instantly. work, who demeans work, and who de- After he finished training, Matthew Corporal Alexander was laid to rest means the workers and the unions who attended the Advanced Individual on May 18, 2007, in a rural cemetery be- do it. Everyone in this town ought to Training to become an infantry soldier. tween Gretna and Elkhorn, NE. Hun- listen a little more to Pope Francis and This was the first step toward his dreds of Patriot Guard riders led the a little less to corporate lobbyists, a dream of joining the Army Special funeral procession and over 1,500 people little less to big banks, and a little less Forces. He was assigned to the 5th Bat- filled Gretna High School to say their to Wall Street. Maybe, then, we will talion, 20th Infantry Regiment, 3rd Bri- final goodbyes. Staff Sergeant Grover start to make hard work pay off again gade Division, 2nd Infantry Division, traveled to Gretna to represent the

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.018 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4707 Third Platoon, nicknamed the ‘‘Glad- in Afghanistan, and they shared with It was Martin Luther King who saw iators,’’ at the service. Grover was me, in the military tradition, a medal. how challenging it was to progress to- riding in the armored vehicle just in Mr. President, I ask unanimous con- ward that vision, and he noted that front of the one carrying Matthew at sent to use a visual aid. ‘‘human progress is neither automatic the time of the explosion. He said that The PRESIDING OFFICER. Without nor inevitable. . . . Every step towards the entire company loved Matthew and objection, it is so ordered. the goal of justice requires sacrifice, that he was one of the best soldiers in Mr. MERKLEY. Mr. President, this suffering, and struggle; the tireless ex- the platoon. medal has a picture of their son. It ertions and passionate concern of dedi- To honor Matthew’s life, his family says: ‘‘In memory of SSG Bryan A. cated individuals.’’ And it is with that established Matt’s Music Memorial. Burgess, who lived from April 23, 1981, tireless exertion, that passionate con- The charity helps children interested through March 29, 2011.’’ On the back of cern, that dedication, that we have in music but who can’t afford an in- it, it has a picture of a memorial that made progress time and time again. strument, and they receive one from shows a pair of boots and a rifle and a But last week, we did not make the local community. As Matthew’s fa- hat and ‘‘never forget.’’ progress. Last week, we fell back from ther Mel put it, Matthew had two pas- The Tribute to Fallen Soldiers is this vision of opportunity, the freedom sions: music and the military. How- about never forgetting our fallen sol- to engage in our national life with the ever, you didn’t need money to join the diers. We put them into situations of respect and promise accorded to all military. enormous stress and challenge and dan- others. This step back came in the CPL Matthew Alexander is truly a ger, and they are there for all of us. In form of an attack by President Trump hero. He served with great compassion those particular situations, time and and Attorney General Sessions on our and respect. again, one of our soldiers loses their LGBTQ Americans. President Trump I join Nebraskans and Americans life. So may we never forget our sol- announced a ban on transgender Amer- across our country in saluting his will- diers who have died, our soldiers who icans serving in the military, and At- ingness and his family’s sacrifice to have been wounded, and may we con- torney General Sessions filed an ami- keep us free, and I am honored to tell tinue to reach out to Gold Star fami- cus brief in Zarda v. Altitude Express his story. lies to provide a community of support arguing that discrimination is com- Thank you, Madam President. to them. pletely legal under the law, including I yield the floor. I completely respect and appreciate the 1964 Civil Rights Act. The PRESIDING OFFICER. The ma- the Tribute to Fallen Soldiers’ motor- Well, let’s talk for a moment about jority leader. cycle brigade that rides across the our members of the military who have ORDER OF PROCEDURE country visiting with Gold Star fami- joined a Volunteer military, who have Mr. MCCONNELL. Madam President, lies, making sure they have that com- gone through significant training—and I ask unanimous consent that all munity of support and making sure I am not just referring to boot camp postcloture time on the Kaplan nomi- they know that the sacrifices of their but the ongoing training in specialty nation expire at 5 p.m. today; that if son or daughter are not forgotten. after specialty—so they can operate the nomination is confirmed, the mo- TRANSGENDER MILITARY BAN that radar effectively that provides tion to reconsider be considered made Mr. President, while focusing on the warning to an entire ship, or that com- and laid upon the table; that the Presi- military, I want to shift to another as- munication device to make sure that dent be immediately notified of the pect of military service, and I am going patrol is where it is supposed to be and Senate’s action, and the Senate then to start by thinking about the founda- able to follow instructions in the field, resume legislative session and be in a tion of our country, our ‘‘we the peo- or any of the hundreds of specialties period of morning business, with Sen- ple’’ Nation. ‘‘We the People’’ are the within the military that these individ- ators permitted to speak therein for up first three words of our Constitution, uals step forward and gain training on. to 10 minutes each. the mission statement of our Nation. Each one of them is significant to the The PRESIDING OFFICER. Is there We are not a nation that is founded of, overall success of the entire unit. Well, objection? by, and for the powerful, not a nation that is something President Trump Without objection, it is so ordered. founded to govern of, by, and for the didn’t understand last week when he Mr. MCCONNELL. I suggest the ab- privileged, but for the people. It was a attacked and said that he is going to sence of a quorum. very deliberate strategy of our Found- throw our transgender individuals out The PRESIDING OFFICER. The ers not to repeat the type of structure of the military. clerk will call the roll. in America that they saw in Europe, What is important isn’t whether you The senior assistant legislative clerk where government became beholden are gay or lesbian or transgender, it is proceeded to call the roll. and in servitude to simply the powerful whether you serve with your heart and Mr. MERKLEY. Mr. President, I ask class. soul and sinew the purpose of the secu- unanimous consent that the order for Throughout our history, we have rity of the United States, and those in- the quorum call be rescinded. strived to live up to this vision of a na- dividuals who do are respected within The PRESIDING OFFICER (Mr. tion where every individual has the op- their units. They contribute to those TILLIS). Without objection, it is so or- portunity to thrive. Time after time, units. The lives of each member depend dered. we have broken down barriers, we have on the success of the other team mem- TRIBUTE TO FALLEN SOLDIERS’ MOTORCYCLE overcome discrimination, and we have bers. They are a team. And to reach in, BRIGADE thrown open the doors of opportunity in a cavalier fashion, as the President Mr. MERKLEY. Mr. President, a few for one group after another—for did, and say ‘‘I am going to rip thou- moments ago, I had the opportunity to women, for Africa Americans, for in- sands of these team members out of meet with a group called the Tribute to digenous peoples, for immigrants, for their units’’ is wrong in so many ways. Fallen Soldiers. They have an annual the disabled. It is disrespectful, of course, of those cross-country motorcycle ride in honor Freedom, said President Lyndon individuals and their dedicated service of soldiers who died during combat. Baines Johnson, ‘‘is the right to be to our Nation. It is disrespectful and The motorcycle brigade escorts the treated, in every part of our national damaging to the units in which they Fallen Soldiers Memorial Flame from life, as a person equal in dignity and serve and provide those various skills Eugene, OR, all the way to Arlington promise to all others.’’ So we strive to which they have worked so hard to ac- National Cemetery. Along the way, reach that perspective, that point quire and which we have worked so they visit Gold Star families—families where our vision of the pursuit of hap- hard to make sure they have the who have a loved one who died on the piness embraces freedom as Lyndon chance to acquire. And it certainly battlefield in service to the United Baines Johnson described it—‘‘the damages the security of the United States of America. right to be treated, in every part of our States of America to eject individuals One couple who came today was national life, as a person equal in dig- with those talents and that training Terry Burgess and Elizabeth Burgess, nity and promise to all others.’’ It has from our military. Therefore, that whose son Bryan lost his life fighting not been easy. should be reversed.

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.020 S02AUPT1 S4708 CONGRESSIONAL RECORD — SENATE August 2, 2017 By the way, it was done without con- RURAL BROADBAND populated and easily accessed areas, sultation with our military leaders. A Mr. BLUNT. Mr. President, August is and future customers. This is like the Commander in Chief proposing a policy Rural Broadband Month at the Federal same problem the country had 100 through a tweet without consulting Communications Commission. The years ago transitioning to telephones. with the experts who have dedicated Commerce Committee just today put It was hard to get a telephone to a their lives to the national security of forward nominees for the Commission, house that was 5 miles away from the our Nation—that in and of itself is a and the Commission does matter. But I nearest house, as opposed to a house real betrayal of responsibility. want to talk today specifically about that was in the same apartment build- Attorney General Sessions filed an highlighting the importance of ing to the nearest apartment. It is a lot amicus brief in Zarda v. Altitude Ex- broadband in rural America and rural harder to do that. The government at press, and this brief says that title VII Missouri. that time said that there would be a of the 1964 Civil Rights Act, which pro- In January of this year, I joined a universal service fee on phone bills, vides protection against discrimination number of my Senate colleagues on a and then use that money to ensure that based on race, color, religion, national bipartisan letter to President Trump everybody would have equal access to origin, and sex, does not provide pro- regarding the importance of broadband what was obviously seen as a really im- tection against discrimination in terms and expanding its access to all of the portant way to communicate. The con- of one’s LGBT status. By the way, that country and, particularly, the parts of cept of Universal Service was enshrined is the opposite of what court after our country that are not currently in the 1996 act. It said that rural house- court has ruled. served. holds should have the same access to What happened, one might ask, to As part of any infrastructure legisla- advanced telecommunications enjoyed the President Trump who, as Candidate tion that the Congress is talking by their urban counterparts. It is a Trump, said: ‘‘Thank you to the LGBT about, I think we and the administra- good goal for a lot of reasons. community!’’ As a candidate, he said: tion need to consider policies that ad- I saw some figures this week. When ‘‘I will fight for you.’’ What happened vance infrastructure not just solely in looking at the overdose deaths and the to the President who, after the attack terms of roads, bridges, and ports, opioid problems in the country, they on the Pulse nightclub in Orlando, said which are important, particularly are much greater in rural counties in a tweet: ‘‘Will fight for you.’’ This where the Presiding Officer and I live, than they are in urban centers. In our last week, the President did not fight in Arkansas and Missouri. That trans- State, Kansas City, our biggest city by for you in that community; instead, he portation network means so much to population and any of the five counties attacked that community, and he ap- us, but also important is how people that touched it weren’t anywhere close parently approved of Attorney General are able to communicate and compete. Sessions attacking that community. to the top list of other areas in our High speed internet access cannot be This is why we need the Equality State that had this problem. It matters overlooked as we consider what our in- Act. The Equality Act would clarify when you are not connected. It matters that when we say no discrimination on frastructure should look like going for- when opportunities that you otherwise the basis of sex, that is broadly apply- ward. would have simply aren’t there because Broadband can be delivered by wire- ing to one’s status of who they are or somehow a service that is essential to less or wireline technology. It can be whom they love. our society today isn’t available to you If we go back to President Johnson’s brought to customers by traditional in the same way it is available to oth- presentation of the issue in America, communications companies in rural ers. I am not saying it should be free to where he said every individual—the areas. Often, now, rural electric co-ops some and cost other people something, matter of freedom is that you have the show great interest and capacity to do but it should be available to you in the opportunity to be treated as having the this, as do others. Following the sig- same way that it is available to others same promise and be treated with the nificant steps that Congress took to de- in our society, as the 1996 Tele- same respect as everyone else, that it regulate the market as part of the 1996 communications Act stated. is all about being able to thrive in the Telecommunications Act, the Broadband is necessary to attract United States, or to put it quite sim- broadband industry has really re- and retain business for banks, fac- ply, not having a door slammed in your sponded. They invested a lot of money. tories, distribution centers, and small face when you go to rent an apartment, In fact, they invested $1.5 trillion of businesses. It is necessary to start and not having a door slammed in your face private money to deploy better and maintain a business, large or small. If when you go to a restaurant or a movie faster networks. If you have access to business is going to compete outside theater, not having a door slammed in one of those networks, you know what the local marketplace, there has to be your face when you seek to be part of a difference it makes. that connectivity. Frankly, in order to a jury. That is what freedom is in this In 2015 alone—that is the last number compete in the local marketplace and country. That is the freedom that At- I have access to—the investment by to have the ability to buy at the best torney General Sessions and President traditional wireline companies, wire- price and to get the kind of products Trump are seeking to rip away from a less companies, and cable providers was needed, the internet really matters. sizable share of Americans, and that is $76 billion. All of that is really good, Broadband is always there. We have simply wrong. That is why we need the except that there is a real divide be- to have it if we are going to compete in Equality Act—to make sure that this tween the rural areas of my State and the world economy. Many people in is remedied. That is why we need the the rural areas of the country and the rural America are able to do that in courts to stand up against discrimina- other more populated areas. ways that nobody would have dreamed tion on the basis of who you are and Some people say: Oh, that is just a about 10 years ago, but not everybody whom you love. myth; there is no digital divide. I has that same access. It has been a week in which the would have them look at any number Certainly, it is critical for schools President attacked and damaged our of articles. One article in the Wall and libraries. Just today, a parent was military and Attorney General Ses- Street Journal in June made the point telling me that students can’t do their sions attacked and betrayed and at- that 39 percent of the United States’ homework anymore unless they can tempted to steal freedom from a vast rural population lacks access to get internet access somewhere close to swath of Americans. That is a very sad broadband. That sounds like a pretty where they live. Students depend on week on both counts, and we in this big divide to me—that 39 percent of the the internet for education and oppor- Chamber should stand up and say: That entire rural population of the country tunity where we live today. is not OK. We will fight for the secu- doesn’t have broadband, and 61 percent A revolution has taken place in agri- rity of the United States of America, of rural Missourians lack access to culture. The great food-producing and we will fight for opportunity for broadband. These numbers are not ac- economy that we have produces more every single American. ceptable. food all the time. It actually produces Thank you, Mr. President. Most private investment has been di- more food with fewer people. So that The PRESIDING OFFICER (Mr. COT- rected, as you would assume it would creates some displaced people who oth- TON). The Senator from Missouri. be, toward high populations, highly erwise would have had those jobs, but

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.021 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4709 it also uses wireless infrastructure, The President recently designated We are going to be working on this. data, and GPS structures to decide Ajit Pai to be the Chairman of the There will be legislation. There will be what should happen in a field at a FCC. We are finally seeing the Com- continuing efforts to urge the FCC to given time in that part of the field. mission take actions to address rural stay on point. We need to do what we There are data centers, autonomous broadband. In February, I wrote to the can to make communities in rural systems, and fiber optics that are a Chairman and urged him to act on the America productive and competitive part of agriculture today. If you are $2 billion available for rural broadband and as healthy as they can be. linked to broadband and you are in and open this money up to auction so By the way, there are a lot of stories your combine and have a problem, new entrants into the field, like elec- here to be told. I hope the next time I sometimes that problem can be solved tric co-ops, can competitively bid come to the floor on this topic that I in a couple of minutes by quickly ac- alongside everybody else. The FCC has will come to the floor with some things cessing your system, seeing where the decided to do that. that are happening in my State that problem is, resetting what you need to Tomorrow the Commission will con- would not have happened if there had set and moving on, as opposed to the sider a notice to initiate the pre-auc- not been the access to broadband in not other option, which is calling the re- tion process for this money to deploy very big communities that are sud- pair person, having the technologist fiber optics in parts of Missouri. This denly doing business all over the come out with their computer, hook it will complement other initiatives un- United States and all over the world. up to your combine, and 5 or 6 hours derway, as the FCC looks at how to ad- How we do that is by not letting any later, at a time when you are in the dress rural broadband. They have of our country wither away, where we critical moments of your annual liveli- launched a $4.5 billion auction for mo- have existing infrastructure and hood, suddenly you are working again, bile wireless service in rural areas. schools and sidewalks and water sys- when you could have been working 5 or They are suspending out-of-date rules tems and by being sure the people who 6 minutes later if you had been con- that forced small carriers to raise tele- want to live there can live there, just nected like many farmers are today. phone rates. They are launching a pro- like we are being sure now, as we see a Broadband is more than just eco- ceeding to reduce costs for companies revitalization of some of our down- nomic opportunity. Rural hospitals and upgrading from copper to fiber optic towns and inner cities. People will health clinics are able to use telemedi- networks—another FCC initiative. want to move back to them and will cine to bring services at a level that They are launching a broadband advi- have reasons and desires to want to do otherwise would not be available. This sory committee. These are all steps in that. We are seeing an upswing there. is particularly important in mental the right direction, where you and I I think we can see the same kind of and behavioral healthcare. A lot of peo- live. They will make a difference. thing happen in other parts of the ple are every bit as comfortable or I look forward to continuing to work country if we work to be sure we have more comfortable with telehealth than with the Chairman and others on the an equity of opportunity. One of the they are with somebody in the room Commission on this issue. I think rural major things that will provide that will with them. Also, with intensive care, broadband is particularly leveling in be having access to broadband that suddenly all of the resources that may creating the opportunities that we works. I hope we can continue to fight be available 100 miles away can be would like to see. The Commission will that fight and see the progress we have right there at the point where ques- now be back up to its five-member in- made just in the last 6 months. tions are asked and that information is tention of how many people are sup- I suggest the absence of a quorum. The PRESIDING OFFICER. The handled. Suddenly, somebody’s life is posed to be there, making those deci- clerk will call the roll. saved because of the capacity to have sions. There is still work to be done. We The bill clerk proceeded to call the that kind of communication. need to reduce the digital divide. roll. For years I have tried to lead when I Mr. PETERS. Mr. President, I ask could, and joined my colleagues when Connectivity is critical. We also need policies that support efficient network unanimous consent that the order for they were leading, with numerous let- the quorum call be rescinded. ters to the FCC urging it to reform the structures that allow people to not just connect to a network but to connect The PRESIDING OFFICER. Without Universal Service Program for the dig- objection, it is so ordered. ital era. Most people who don’t have a with a network that really works. Let me talk about one other Missouri GREAT LAKES ENVIRONMENTAL SENSITIVITY line to their phone have a way to get a issue that relates here. INDEX BILL phone in their hand now, but they I said earlier that Kansas City is now Mr. PETERS. Mr. President, as we don’t have a way to get this important our biggest city, our most populous head into the month of August, many way to communicate and to compete. city. Still, St. Louis, I think, by re- Americans are planning to spend time It is frustrating, when we see the lim- gion, is the bigger region, but the city along our beautiful coasts. Our country ited resources we have—the govern- of St. Louis is not as big as Kansas is fortunate to have such a wide vari- ment resources—to put into something City. In Kansas City, they have an ety of natural resources along the Gulf like this to see limited funds go to internet exchange called KCIX. It is a of Mexico, Alaska, Hawaii, and the east places where you are just creating an- peering center that offers tremendous and west coasts. However, I am partial other provider and more competition, benefits to secondary educational in- to America’s best coast: The 4,500 miles except that the second provider has stitutions, to high schools, to voca- of U.S. coastline along the Great government money on its side to com- tional programs, and to others so they Lakes. pete with the first provider that went really maximize how they commu- Our coastal resources make it pos- in with its own money. There is a big nicate with each other and have the sible to move cargo and goods around difference between unserved and any availability of resources in one place the world. They provide opportunities level of underserved. If you are much more equally available in others, for outdoor recreation like fishing and unserved, like 69 percent of rural Mis- and large amounts of bandwidth can be boating and trips to the beach. Our sourians, the idea that somebody else diverted by using this peering infra- coasts are not only beautiful, providing doesn’t have enough competition in the structure. some of the most scenic vistas and pic- place they live doesn’t seem to make Frankly, what is happening in Kan- turesque landscapes our country has to very much sense to you. If there is a sas City this fall is that the North Kan- offer; these ecosystems also provide competitive marketplace and some- sas City School District will establish many tangible benefits. They serve as body wants to go in there and compete connections to KCIX. It is estimated flooding buffers, critical habitats for and get the prices down, that is all that it may save the district almost fish and wildlife, and locations for fine, but I think the government focus $500,000 a year in bandwidth just by ports and other marine infrastructure. should be just like it was with tele- looking at peering. If peering helps In the Great Lakes, our freshwater phones 100 years ago—to see that peo- there, maybe peering is one of the coastline contains one-fifth of the en- ple had the opportunity to have that other things we can look at that will tire world’s fresh water and provides phone the same as their neighbors in help solve the rural broadband chal- drinking water for over 40 million peo- more densely populated areas. lenge as well. ple. We must be stewards of these areas

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.023 S02AUPT1 S4710 CONGRESSIONAL RECORD — SENATE August 2, 2017 so that future generations can also Michigan haven’t been updated for over While we may often disagree with the benefit from them. In order to do so, 30 years. This bill gives the proper di- opinions of the nominees for the other we must properly document and keep rection and resources to make sure party’s seats—many of us have ensured track of this precious resource. these long overdue updates move for- they had an up or down vote. For ex- That is why I partnered with Senator ward. ample, since 2013, I have voted for clo- YOUNG to introduce the bipartisan Supporters of the bill so far include ture for two board members and the Great Lakes Environmental Sensi- the Great Lakes Charter Boat Associa- current general counsel who I then tivity Index Act of 2017 to require tion, the Coastal States Organization, voted against confirming. NOAA to update environmental sensi- the Great Lakes Commission, the Alli- Marvin Kaplan has been nominated tivity index maps and map products. ance for the Great Lakes, the National for a position that has sat vacant for 23 The bill passed unanimously out of the Wildlife Federation, the Great Lakes months since President Obama de- Commerce Committee this morning by Fishery Commission, and the group clined to nominate a Republican for a voice vote and now heads to the full For Love of Water. With nearly 3,300 the then-minority seat. My hope is Senate floor for consideration. miles of coastline in Michigan, the sec- that this nominee will help restore Environmental sensitive index—or ond-most coastline of any State in the some balance to the labor board. ESI—maps provide an inventory of our Nation, we need to update Great Lakes After years of playing the role of ad- valuable natural and human-use re- environmental sensitivity index prod- vocate, the Board should be restored to sources along our coasts. These maps ucts as soon as we can. the role of neutral umpire. Board par- chronicle sensitive ecosystems and the Modernizing these maps will provide tisanship didn’t start under President presence of various species as they mi- a better picture of what resources Obama, but it became worse under him. grate through regions and habitats for could be at risk in the event of a dis- When the Board is too partisan, it cre- threatened and endangered species. aster and will be an important tool to ates instability in our Nation’s work- They also document where we can ac- help us keep our Great Lakes safe and places and does not serve the intent of cess coastal resources from beaches clean for future generations. the law—which is stable labor relations and parks to docks, ferries, and boat I look forward to working with Sen- and free flow of commerce. ramps. ator YOUNG and the rest of my col- For example, under President Obama, We must maintain an up-to-date in- leagues in the Senate to move this bill the Board took three harmful actions, ventory of these precious coastal re- forward and make sure that we have including the joint employer decision— sources so that we know exactly where the tools we need to make the best de- which threatened to destroy the Amer- we need to focus our response efforts in cisions for the Great Lakes, no matter ican dream for owners of the Nation’s a worst-case scenario of a harmful oil the challenges and opportunities facing 780,000 franchise locations; the ambush or chemical spill. Accurate documenta- us. elections rule, which can force a union Thank you. tion of these resources and their vul- Mr. ALEXANDER. Mr. President, election before an employer and many nerabilities is critical to both deploy- today the Senate will vote on the con- employees have a chance to figure out ing the right response effort when a firmation of Marvin Kaplan to be a what is going on; and the micro-union spill or accident occurs and assessing member of the National Labor Rela- decision, which gave factions of em- the damage and restoration efforts tions Board, NLRB. I am glad that we ployees within single stores a path to needed after the fact. are moving this nomination because forming their own unions. In places like the Straits of Mack- the National Labor Relations Board Nominee Marvin Kaplan is currently inac, where a 64-year-old oil pipeline needs to function as intended. chief counsel for the Occupational sits at the bottom of the lake bed, it The board hasn’t been full in nearly 2 Safety and Health Review Commission, should be our top priority to have a years. I am certainly not the only one where he has served since August 2015. current inventory of what shoreline re- of us who thinks a full Board is impor- From 2009 to 2015, Kaplan worked as sources could be impacted by a pipeline tant. One Democratic senator said at a counsel for the House Education and leak. Models have shown that a pipe- hearing on May 16, 2013: ‘‘I strongly Workforce Committee and the House line spill in the Straits of Mackinac support a fully functioning NLRB with Oversight and Government Reform could likely result in oil reaching the five members. I think confirming the Committee. shores of Mackinac Island within entire slate will ensure that the NLRB Today some Senators have argued hours, which would be an absolute ca- is working for American workers and about Mr. Kaplan’s experience prac- tastrophe for Michigan’s top tourist at- American employers.’’ ticing law. I want to note that Mr. traction. Another said at the same hearing: Kaplan is in fact well-qualified under ESI maps don’t just help with oilspill ‘‘What we don’t need now—the last the National Labor Relations Act stat- response; they can also be used for thing we need here in Washington or ute. He is an experienced lawyer. He coastal development activities, and across the country—is more rancor, earned his law degree at Washington they even have significant research ap- more division, more ideology, at a time University in St. Louis and is a mem- plications. They provide a clear ref- we need this Board fully functioning. ber of the New York and New Jersey erence point prior to natural disasters We need five people to get confirmed State bars. The years he has spent con- or major storms that may damage, de- here. Any Senator who is standing in sidering cases and writing opinions at stroy, or significantly alter resources the way of getting five people con- the Occupational Safety and Health along our coasts. Decision makers at firmed and having a functioning Board Review Commission, OSHRC, are an ex- the local and State level may use them has a lot of explaining to do . . .’’ cellent preparation for the work of the for restoration efforts or to make in- Then-Chairman Harkin said in Sep- National Labor Relations Board, formed decisions about how to balance tember 2014: ‘‘Keeping the NLRB fully NLRB. I will also point out that there all of the various uses in that coastal staffed and able to do its work will have been a number of NLRB members zone. send a strong message to the American confirmed with limited experience rep- ESI maps need regular updates in people that yes, Washington can work, resenting clients in labor law matters. order for them to be truly effective. and our government can function.’’ Mr. Kaplan has an admirable record These updates are happening now for The National Labor Relations Board of public service spanning a decade. He other areas of the country. Stretches of has five members with 5-year, stag- could have taken a number of different the west coast, along the Gulf of Mex- gered terms, and a general counsel career paths, but he chose public serv- ico, and along the east coast have all with a 4-year term. There is no statu- ice, and that should be praised. There received updates over the last 5 years. tory requirement regarding party af- is bipartisan respect for Mr. Kaplan. One region is continually absent filiation, but the tradition has been for At a July 2015 business meeting of from these updates: my home region of the President to appoint members on a the House Education and the Work- the Great Lakes. In fact, the most re- 3–2 ratio favoring the administration, force Committee, Ranking Member cent updates for some of the Great with nominations for the two minority Bobby Scott said this of Mr. Kaplan: Lakes were completed over 20 years seats recommended by the Senate mi- ‘‘A lot is said about the working rela- ago, but Lake Erie and parts of Lake nority leader. tionships around here and how bad

VerDate Sep 11 2014 23:49 Aug 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.025 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4711 they are from time to time. Staff can America—is being dismantled by Nico- seen the ravages of government control contribute to that. I just would like to las Madura and his flailing Chavista re- of the economy. The Venezuelan people say that Mr. Kaplan has not been part gime. It is a human tragedy impacting are suffering, and when combined with of that; he’s been very cooperative even more than 30 million people who are dictatorship, it is a toxic mix. when you disagree. We have been able literally witnessing society collapse Maduro’s actions must not continue to work with my staff, have had good around them. unchallenged. I support the Treasury working relationships; a cooperative The numbers, sadly, speak for them- Department’s sanctions against senior relationships. I want to add my two selves. According to estimates from the Venezuelan officials, including Maduro, cents worth to your congratulations International Monetary Fund, Ven- placing him in the ignominious com- and God speed.’’ ezuela’s GDP contracted by almost 20 pany of Kim Jong Un and Robert Mr. Kaplan was nominated to be a percent last year, with inflation reach- Mugabe. We must keep the pressure on member of the NLRB on June 20, 2017. ing some 550 percent and unemploy- and continue to isolate and We held his hearing on July 13, and he ment spiking to more than 21 percent. delegitimize Maduro’s regime, for be- completed all paperwork in accordance The Pharmaceutical Federation of hind Maduro can be found China, with with the HELP Committee’s rules, Venezuela estimates that the country its billions in infrastructure invest- practices, and procedures. Our rules re- suffers from an 85-percent shortage of ments, and Russia, with its growing quire that their HELP paperwork be medicine and a 90-percent deficit of control over Venezuela’s energy sector, submitted 5 days before their hearing. medical supplies, including those need- and Iran, whose Hezbollah proxy laun- We received Mr. Kaplan’s HELP paper- ed to treat various types of cancer. ders money with Maduro’s acquies- work and his Office of Government Men and women, young and old, are cence. Ethics, OGE, paperwork on June 26, 17 going hungry. Thanks to Maduro’s de- Yet Maduro is not without opposi- days before his hearing. Mr. Kaplan struction of the Venezuelan currency, tion. Brave men and women in the tens also offered to meet with all HELP flour, cooking oil, and other basic com- of thousands have taken to the streets members. Mr. Kaplan met with 10 of modities have disappeared from store to demand a better future for them- them, including 5 Democrats. Fol- shelves. Students and teachers leave selves and their families. Many dozens lowing the hearing, Mr. Kaplan re- their classrooms for hours on end to have been killed by the regime’s secu- sponded to 53 questions for the record, stand in line, hoping to receive a loaf rity forces, and hundreds have been de- QFRs, or 81 if you include subques- of bread as a week’s meal. The most tained. These freedom-loving people tions, and those responses were pro- vulnerable are going on what are called represent the best of Venezuela and vided to Senators prior to the markup. Maduro diets—skipping meals and re- fearlessly follow in the footsteps of The HELP Committee favorably re- ducing their food consumption. generations of dissidents against So- ported out his nomination on July 19. And Maduro’s response? The would- cialist repression. Recent comparisons show that this be dictator is threatening to seize busi- Just yesterday, Maduro’s security process was far from rushed. In com- nesses that don’t produce enough and forces seized two prominent opposition parison, under Chairman Harkin, the has told Venezuelans that doing with- leaders—Leopoldo Lopez and Antonio HELP Committee held hearings and out makes them tougher. Thousands of Ledezma—for daring to criticize his re- markups on NLRB nominees with far Venezuelans have crossed borders in gime on social media. These two men less time for consideration. For former search of food and medicine, while were carted away in the middle of the Board member Kent Hirozawa’s seat, Maduro and his cronies spin conspir- night, leaving their loved ones trauma- which Mr. William Emanuel has been acies and rail against phantom enemies tized and frantic without information. nominated to fill, Mr. Hirozawa’s hear- on state media. The situation is so dire To Lilian and Mitzi, the wives of ing was held 7 days after his nomina- that the regime has begun ‘‘rewarding’’ these two extraordinary men, I want to tion, and his markup was held the next some of its most loyal supporters with say that you are two of the strongest day. Former Board member Nancy toilet paper. people I have ever been blessed to Schiffer’s hearing was held 7 days after Alongside the disintegration of Ven- meet. You inspire me. Your husbands’ her nomination. The HELP Committee ezuela’s economy is the specter of fight inspires me and millions of Amer- also held a markup on her nomination Maduro’s growing dictatorship. We icans and people across the globe. I the next day. Committee members have just witnessed the sham election urge you to continue to stand and fight were not able to get responses to any of a so-called constituent assembly, on behalf of your husbands and the QFRs from Kent Hirowzawa or Nancy which Maduro intends to use to try to many others who are held captive by Schiffer before being forced to vote on rewrite Venezuela’s Constitution, to the Chavista government. them. crush what is left of its free political I look forward to welcoming I look forward to voting for this institutions, and to consolidate his Leopoldo and Antonio back to freedom nominee. I hope the Senate will take grip on power. His electoral commis- up the nomination of William Eman- and, I hope, they will play leading roles sion lied about the turnout and uel, also for the NLRB, very soon, so leading a free Venezuela, a post- downplayed the number of government we have a full board. Maduro Venezuela. Mr. PETERS. I suggest the absence workers whom the regime pressured to Members of my own family have of a quorum. participate. While Maduro preached lived through this sort of oppression in The PRESIDING OFFICER. The dialogue on television, his security Cuba, where a lawless government can clerk will call the roll. forces were busy rounding up political raid your home without warning, arbi- The assistant bill clerk proceeded to opponents and murdering peaceful trarily detain your relatives and neigh- call the roll. demonstrators. bors, and ensure that you hardly, if Mr. CRUZ. Mr. President, I ask unan- This was not Maduro’s first power ever, see them again. imous consent that the order for the grab. Earlier this year, his handpicked To Lilian and Mitzi, I will continue quorum call be rescinded. supreme court temporarily dissolved to raise my voice and to call for ac- The PRESIDING OFFICER. Without Venezuela’s duly-elected National As- tion—real action—to help Leopoldo, objection, it is so ordered. sembly and stripped its members of im- Antonio, and every other Venezuelan VENEZUELA munity in what the head of Organiza- willing to stand and risk everything to Mr. CRUZ. Mr. President, I stand tion of American States called a ‘‘self- live in a free and prosperous and demo- here today to speak about the devasta- coup.’’ The regime backtracked only cratic country. It is well past time to tion befalling Venezuela—the people after ferocious pressure and condemna- consign Chavismo to the dustbin of his- raging in the streets against unfair tion. tory. elections, the dissidents being seized But this week’s actions make plain To the millions of Venezuelans wait- from their homes and detained by secu- Maduro’s intent to complete the proc- ing in lines for food, clothes, and medi- rity forces, and those starving without ess begun under his mentor, Hugo Cha- cine, struggling with galloping infla- food and water. vez, to transform Venezuela into a full tion, fearful of Maduro’s henchmen de- Venezuela—once one of the most socialistic dictatorship. We have seen taining their friends and families or richly resourced countries in Latin that socialism doesn’t work. We have gunning them down in the streets, and

VerDate Sep 11 2014 02:15 Aug 03, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\A02AU6.003 S02AUPT1 S4712 CONGRESSIONAL RECORD — SENATE August 2, 2017 thinking themselves helpless in the and attention deficit hyperactivity dis- cisive. If the EPA and this administra- face of their country’s decay, you are order, or ADHD, she suspected the pes- tion will not act to protect the public, not alone and should not be afraid. ticides she was exposed to. to protect children, then Congress America and our allies will help see A few years ago, European scientists must. you through this crisis and help you re- tested some of Isaac’s hair. He had I have studied the case for banning cover. Each new outrage from the traces of over 50 pesticides in his body, chlorpyrifos. There is no question it Maduro regime only makes our soli- and the highest concentration was needs to come off the market. In this darity with you grow. You are strong chlorpyrifos. It has long been known situation, I believe Congress must step and Maduro is weak. You are Ven- that exposure to chlorpyrifos can be in to protect children’s health. That is ezuela’s future, and Maduro is its past. deadly. After years of study, research- why I have introduced the Protect You will win, and Maduro will lose. ers in the United States and a number Children, Farmers, and Farmworkers Venezuela is not the private preserve of other countries now believe there is from Nerve Agent Pesticides Act—to of a ‘‘busdriver turned authoritarian a strong connection between do what the EPA Administrator Scott thug in a tracksuit,’’ but instead Ven- chlorpyrifos exposure and mental dis- Pruitt refuses to do: ban chlorpyrifos. ezuela is a proud and free nation with ability, ADHD, and memory deficit in Let’s look at the reasons for banning a glorious past and an even greater fu- children. They believe the chemical chlorpyrifos. There are three very good ture. damages children’s developing brains, ones. There are three reasons, I believe, Through its words and deeds, the even if they are exposed before birth. this bill is necessary. First, Adminis- Maduro regime has abandoned what lit- Latino children, whose parents are ex- trator Pruitt is wrong. The science is tle legitimacy it might have had. When posed to the pesticide, and grow up established that chlorpyrifos is a this regime expires, Venezuela will re- near fields treated with it, are at the threat to health in its current use. The store its place at the forefront of Latin greatest risk. EPA has studied and studied the tox- America and become a good friend and Scientists believe the pesticide poses icity of chlorpyrifos for over a decade. partner to America once again. a threat even to children exposed to it I have talked to the scientists who We stand with the Venezuelan people from produce from the grocery store or have been studying it for over 30 years. as your friend against this socialist op- through drinking water. The connec- pression, and we tell you that there are tion is so strong that scientists at the In a December 2014 risk assessment, brighter days ahead, brighter days of Environmental Protection Agency rec- the EPA found chlorpyrifos caused un- economic cooperation, of energy ommended that the EPA ban all uses of safe drinking water contamination. growth, of abundance of prosperity, of the pesticide in 2015. The agency had Based on that assessment, the EPA for- throwing off the shackles of totali- already negotiated a ban on household mally proposed, in November 2015, to tarianism. use 15 years ago. revoke the use of chlorpyrifos on food. Estamos contigo Venezuela, tus This March, the EPA Administrator As recently as December 2016, the EPA mejores dias estan por venir. Scott Pruitt ignored his own scientists reaffirmed its determination. Mr. President, I yield the floor. and the body of scientific evidence that The pesticide is intended to act on The PRESIDING OFFICER (Mr. chlorpyrifos is dangerous. Instead, he the nervous system of insects, but it TOOMEY). reversed course and refused to ban can act on the human nervous system The Senator from New Mexico. chlorpyrifos. That is why I rise to talk as well. It can cause immediate symp- PROTECT CHILDREN, FARMERS, AND FARM- about this danger to our children. toms like nausea, vomiting, convul- WORKERS FROM NERVE AGENT PESTICIDES ACT When moms and dads feed fruits and sions, respiratory paralysis—as Bonnie Mr. UDALL. Mr. President, this May, vegetables to their children, they are Wirtz and farmworkers in California a spray of pesticide from a nearby or- trying to do the right thing. They experienced. In extreme cases, it can chard drifted over to a field, exposing shouldn’t have to worry that these kill. nearly 50 farmworkers in California. foods are laced with dangerous nerve More worrisome, even low-level expo- They soon became sick with nausea agents. They shouldn’t have to worry sure of chlorpyrifos to developing and vomiting. Several were hospital- that the farmworkers who picked that fetuses in young children can interrupt ized. The workers described it as a liv- produce or the farmers living near it the development processes of the nerv- ing nightmare. were exposed. ous system. Exposure during gestation The chemical they were exposed to is I have been part of the fight to pro- or childhood is linked with lower birth called chlorpyrifos, a neurotoxic pes- tect public health and the environment weight, slower motor development, and ticide related to sarin gas. It has been from toxic chemicals most of my life. I attention problems. in use since it was developed by Dow remember when Rachel Carson pub- Long-lasting effects on child brain Chemical over 50 years ago. Today, it is lished ‘‘Silent Spring’’ in 1962. My fa- development from in utero exposure most often used on fruits and nuts, in- ther, Stewart Udall, was her champion also include impaired perceptual rea- cluding strawberries, citrus, apples, when she was fiercely attacked by the soning and working memory and un- and pecans from my home State of New chemical industry. dermined intellectual development by Mexico. It is also used on grains and Just over a year ago, I led the bipar- age 7. Exposure to organophosphate vegetables like broccoli and cauli- tisan effort to reform the broken Toxic pesticides like chlorpyrifos is associ- flower. Substances Control Act. I spent several ated with changes in children’s cog- A few years ago, Bonnie Wirtz also years working to reform how the EPA nitive, behavioral, and motor perform- experienced the effects of chlorpyrifos. regulates chemicals, fighting to stand ance. In plain English, chlorpyrifos Bonnie is a farmer in Minnesota. She up a credible program that could be re- damages children’s brains. was exposed when spray drift came into spected, that could restore confidence her home through the air-conditioner. in the EPA on chemical safety. Second, chlorpyrifos was one of the Her heart started racing, almost to the I am very disappointed to have to do most widely used household insecti- point of cardiac arrest, and she this, to introduce a bill on a related cides until the EPA raised concerns in couldn’t breathe. At the hospital, her matter, pesticide regulation. Normally, 2000—17 years ago. Household use was nurse practitioner told her she wasn’t I would argue that Congress should phased out. That same year, the EPA surprised. She had seen others with stay out of the business of regulating discontinued use of chlorpyrifos on to- similar reactions. individual chemicals. That is why the matoes altogether and restricted its About 10 years ago, Claudia Angulo— EPA was created, to make thoughtful, uses on apples and grapes. Currently, a farmworker in California’s San Joa- science-based decisions on issues that chlorpyrifos is still widely used in agri- quin Valley—was exposed to affect public health and the economy. culture, but its use is on the decline. chlorpyrifos when she was pregnant. In his first decision at the EPA, the In 2012, EPA required no-spray buff- Claudia worked sorting oranges, ap- administrator has shown his hand. He ers around schools, homes, play fields, ples, broccoli, and other produce treat- did not respect the science, not even daycare centers, hospitals, and other ed with the chemical. When her son his own scientific team, and not even public places. Growers are already Isaac was born with a mental disability when the science is overwhelmingly de- working to find alternatives.

VerDate Sep 11 2014 02:15 Aug 03, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.028 S02AUPT1 August 2, 2017 CONGRESSIONAL RECORD — SENATE S4713 The third reason is, scientists, doc- the world, but we can follow the money This bipartisan measure now goes to tors, advocates, I, and many of our col- and guess one reason. While the Presi- the President. It provides a significant leagues were shocked when Adminis- dent and the Administrator ignore step toward securing benefits veterans trator Pruitt changed course on science and the law, they have not ig- have earned. Once these reforms are chlorpyrifos in March, choosing to wait nored Dow Chemical Company. Dow fully funded—and they should be—our until 2022—5 years from now. gave the President $1 million for his in- Nation’s veterans will no longer be The American Academy of Pediatrics auguration. Its CEO attended the sign- bogged down by a cumbersome, time- wrote a letter to Administrator Pruitt ing ceremony when the President consuming, irksome, and, in fact, ag- in June telling him that ‘‘EPA has no issued his Executive order requiring gravating process that denies them fair new evidence indicating that agencies to roll back what he called and full consideration when they ap- chlorpyrifos exposures are safe.’’ As a unnecessary regulations. The CEO even peal their claim’s denial. This reform result, EPA has no basis to allow con- got the signing pen. And the CEO met will begin—it is only a beginning—a tinued use of chlorpyrifos, and its in- with Administrator Pruitt shortly be- better system involving transparency sistence on doing so puts all children fore the order not to ban one of Dow’s and communication for veterans and at risk. big moneymakers. their families. The science hasn’t changed since the Administrator Pruitt may choose to As ranking member of the Senate EPA proposed to ban chlorpyrifos in put aside science, public health, and Veterans’ Affairs Committee, I heard 2015 and in 2016. Only the politics have. environmental protection in favor of testimony that the Department of Vet- The law should protect Americans big chemical profits, but Congress erans Affairs’ appeals process des- from unsafe pesticides. Under the Food should not. I urge all of my colleagues, perately needs updating and reform. Quality Protection Act, the EPA Ad- especially those across the aisle, to We all in this body have heard from our ministrator ‘‘may establish or leave in stand with me and pass this protection constituents again and again and again effect a tolerance for a pesticide chem- for children, families, farmers, and about the antiquated delay and burden- ical residue in or on food only if the farmworkers. some process that exists today. The av- Administrator determines that the tol- I thank my cosponsors and the co- erage wait time on an appeal today is erance is safe.’’ sponsors who are coming aboard every 5 years. Let me repeat that. The aver- ‘‘’Safe’ means . . . that there is a rea- day: Senators BLUMENTHAL, BOOKER, age wait time on an appeal is 5 years. sonable certainty that no harm will DURBIN, GILLIBRAND, HARRIS, MARKEY, Nearly half a million veterans are [come] from aggregate exposure.’’ MERKLEY, and CARDIN. caught in a quagmire—often a quick- If the Administrator can’t determine There have been many public health sand—of repeated consideration, unable that a pesticide is safe, the Adminis- and labor groups that have stood up on to claim benefits because of the VA’s trator must revoke or modify the toler- this issue—just to name some of them existing backlog. ance. today: National Hispanic Medical Asso- Between fiscal year 2015 and fiscal In the case of chlorpyrifos, Adminis- ciation, Learning Disabilities Associa- year 2017, the number of pending ap- trator Pruitt did not determine the tion of America, Farmworker Justice, peals increased from about 380,000 to pesticide is safe with reasonable cer- Project TENDR, United Farm Workers, 470,000. That is an increase of more tainty, nor could he. Instead, he hid be- Earthjustice, GreenLatinos, Labor than 20 percent. The increase in those hind his claim that the issue requires Council for Latin American Advance- appeals was the ‘‘bad news’’ side of im- years more study. ment, LULAC, National Resources De- provements in the process to consider This issue has been the subject of fense Council, Environmental Working the initial appeal. There were more ap- litigation for many years. When the Group, Pesticide Action Network, peals because more claims were dis- EPA asked the Federal court over- Pineros y Campesinos Unidos del posed of, but that is no excuse for that seeing the lawsuit for a mere 6-month Noroeste, Mana, and others. kind of delay in appeals. extension for more study, the court The pesticide registration informa- We worked with the VA and veterans gave a resounding no. It called the re- tion act is currently moving through groups to devise a new appeals system quest ‘‘another variation on the theme Congress. This gives Congress the op- that allows veterans to choose an op- of ‘partial reports, missed deadlines, portunity to address chlorpyrifos use tion that is right for them. The bill and vague promises of future action’ and worker protection. This bill is a that passed yesterday will create three that has been repeated for the last nine good start for those discussions. separate paths. They can choose among years.’’ I yield the floor. them for veterans seeking redress from The EPA Administrator has now The PRESIDING OFFICER (Mr. a decision by the Veterans Benefits Ad- given himself a 5-year extension. He is GARDNER). The Senator from Con- ministration. This reform is vitally im- failing to follow the Food Quality Pro- necticut. portant because it gives Secretary tection Act, and he is tying up the Fed- VETERANS LEGISLATION Shulkin the authority to test the new eral Government in more unnecessary Mr. BLUMENTHAL. Mr. President, system before its full implementation. and wasteful taxpayer-funded litiga- sometimes bipartisanship and comity I know it will take time to imple- tion. In the meantime, children, farm- do work. They have in the last 24 and ment these changes. It should take less ers, and farmworkers are at risk be- 48 hours on two measures that are time than is predicted because the Vet- cause the Administrator refuses to fol- critically important to help our Na- erans Administration owes it to our he- low the law. tion’s veterans have access to benefits roes—the men and women who have It doesn’t stop there. Administrator and healthcare that they vitally need, served and sacrificed for our Nation. Pruitt wants to dismantle protections that they deserve, and that they have My constituent caseworkers in Hart- for farmworkers. The EPA is proposing earned. Those measures relate to ap- ford have tried to assist many indi- to delay two rules vital to protecting peals reform and to the Choice Pro- vidual veterans with their claims, and our Nation’s farmworkers: The agricul- gram. these efforts must continue around the tural worker protection standard and Last night the Senate passed by country in all of our offices even as the certificate of pesticide applicators unanimous consent—which means these new reforms are implemented. rule. Farmworkers have one of the without any objection—H.R. 2288, the The second area where we joined to- highest rates of chemical exposure Veterans Appeals Improvement and gether in a bipartisan way relates to among U.S. workers. They are regu- Modernization Act of 2017. the Choice Program. We have agreed to larly exposed to pesticides. Despite the I am proud to have worked on this continue funding by providing $2.1 bil- urgent need to protect them and their measure with the chairman of the VA lion and authorizing 28 new leases for families, they actually are less pro- Committee, Senator ISAKSON, when I medical facilities across the country to tected than other workers. was the ranking member of that com- improve access to the high-quality care We don’t know exactly why Adminis- mittee during the last session. I thank provided at VA hospitals. Make no mis- trator Pruitt is choosing to believe a him for his leadership, his vision, and take, this action is a down payment, chemical company over respected sci- his commitment to this very important not the final word. I am going to con- entists at his own Agency and around cause. tinue to champion further reforms to

VerDate Sep 11 2014 02:15 Aug 03, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G02AU6.029 S02AUPT1 S4714 CONGRESSIONAL RECORD — SENATE August 2, 2017 make sure we improve VA healthcare non-VA providers and the VA facilities He shares his passion for agriculture and enhance access to VA medical fa- and providers who care for our veterans throughout the State, country, and the cilities. directly. That information sharing is world as a representative of Riceland I am particularly concerned by re- not a luxury or convenience; it is a ne- on numerous boards and trade associa- cent findings made by the VA inspector cessity. tions, including the USA Rice Federa- general, Michael Missal, about a trou- We must help veterans of every era tion and the National Council of Farm- bling lack of health information shar- with their need for prompt appeals dis- er Cooperatives. In addition, Bill serves ing between VA and non-VA providers positions and effective healthcare that as chairman of the Associated Indus- relating to chronic pain treatment. To also protects them from opioid addic- tries of Arkansas, vice president for ag- put it very simply and bluntly, the tion. I am hopeful the Senate will riculture of the Arkansas State Coun- lack of information sharing makes quickly pass the Harry Walker cil on Economic Education, and vice opioid addiction far more likely than it Colmery Veterans Educational Assist- chairman of the board of visitors of should be, especially among veterans ance Act, which has been unanimously Phillips Community College of the Uni- who seek care from private providers approved by the House, to make com- versity of Arkansas. through the Choice system. prehensive improvements to the GI He is a faithful servant of Jesus Connecticut was one of the first bill. I helped to draft this measure and Christ and is leading his life as Christ States in the country to have a state- lead it, and I am proud the House has calls us to do. In recent years, Bill wide prescription drug monitoring pro- approved it. began seminary school, and his retire- gram. I urged Secretary Shulkin at a We must also help veterans of all ment from Riceland will allow him to hearing last year to make sure the VA eras suffering from toxic exposure and pursue the ministry full time and help prescription drug monitoring program make sure we award a Congressional people in need. exchanges information with the State Gold Medal to the American Legion I appreciate Bill’s friendship, and I system, which has data from private and make USERRA protections for our am confident that he will excel in this providers. The sharing of information servicemembers meaningful and en- role, just as he had done as an advocate is vital to prevent doctor shopping and forceable. These steps are part of an for Arkansas rice. I wish him well in excessive prescriptions. Without it, unfinished agenda that we owe our vet- all of his future endeavors and look for- veterans potentially are susceptible to erans. We cannot shirk that duty. We ward to the great work he will con- weaknesses and gaps that enable them cannot postpone it. It is an obligation, tinue to do in helping the great State to seek excessive prescriptions of not a convenience. of Arkansas. opioid pain killer treatment that can I look forward to moving forward I yield the floor. lead to addiction and worse. with these efforts, as we have done I suggest the absence of a quorum. We cannot allow the Veterans Choice with Choice and with the appeals re- The PRESIDING OFFICER. The Program to exacerbate opioid addic- form, and to learning what we know al- clerk will call the roll. tion. We must do everything we can to ready—that we can work together The assistant bill clerk proceeded to stop the opioid epidemic that is rav- across the aisle when it comes to keep- call the roll. aging our communities. As Senator ing faith with our veterans and making Mr. MCCONNELL. Mr. President, I MANCHIN of West Virginia and other sure that no veteran of any era is left ask unanimous consent that the order colleagues have made clear, the VA behind. for the quorum call be rescinded. must close the information gap on I yield the floor. The PRESIDING OFFICER. Without opioid prescriptions through improved The PRESIDING OFFICER. The Sen- objection, it is so ordered. opioid safety initiative guidelines and ator from Arkansas. f enhanced prescription drug monitoring TRIBUTE TO BILL REED LEGISLATIVE SESSION programs. While we work in Congress Mr. BOOZMAN. Mr. President, I rise Mr. MCCONNELL. Mr. President, I today to recognize Bill Reed, an Arkan- to reform the Choice Program, I call on ask unanimous consent that the Sen- san who is retiring after more than 34 the VA to immediately take certain ate proceed to legislative session and years of dedicated service at Riceland commonsense steps, none of them that following my remarks the Senate Foods, the world’s largest miller and novel or original. They have been iden- resume executive session as under the tified by the inspector general: marketer of rice. Bill is a member of the company’s previous order. First, require all participating VA The PRESIDING OFFICER. Without senior management team whose re- Purchased Care providers to receive objection, it is so ordered. and review evidence-based guidelines sponsibilities include government af- for prescribing opioids. fairs, public relations, and the Riceland f Second, implement a process to en- Sustainability Initiative. His interest AFG AND SAFER PROGRAM sure all Purchased Care consults for in agriculture at a young age led him REAUTHORIZATION ACT OF 2017 non-VA care include a complete, up-to- to pursue degrees in this field. Bill Mr. MCCONNELL. Mr. President, I date list of medications and medical earned a bachelor’s degree with honors ask unanimous consent that the Sen- history. in plant and soil science from the Uni- ate proceed to the immediate consider- Third, require non-VA providers to versity of Tennessee and a master’s de- ation of Calendar No. 168, S. 829. submit opioid prescriptions directly to gree in agricultural journalism from The PRESIDING OFFICER. The a VA pharmacy for dispensing and re- the University of Wisconsin. clerk will report the bill by title. cording in the patient’s VA electronic In 1976, he moved to the Natural The senior assistant legislative clerk health record. State to work as a State specialist read as follows: Fourth, ensure that if facility leaders with the University of Arkansas Coop- A bill (S. 829) to reauthorize the Assistance determine that a non-VA provider’s erative Extension Service. He has con- to Firefighters Grants program, the Fire opioid prescribing practices conflict tinued his commitment not only to Ar- Prevention and Safety Grants program, and with the guidelines, immediate action kansas but to Arkansas agriculture for the Staffing for Adequate Fire and Emer- is taken to ensure the safety of all vet- more than 40 years. gency Response grant program, and for other erans receiving care from that non-VA Bill is recognized as one of the most purposes. provider. passionate advocates on behalf of the There being no objection, the Senate These are basic protections for our Arkansas rice industry. Bill is con- proceeded to consider the bill, which veterans. They are protections against stantly looking out for the rice farmers had been reported from the Committee overprescribing opioids or negligent and businesses by promoting policies to on Homeland Security and Govern- misconduct—and worse—on the part of grow the industry and pushing for ex- mental Affairs, with an amendment to non-VA providers and others. panding markets. His advocacy ex- strike all after the enacting clause and My hope is that we are beginning on tended beyond the boundaries of agri- insert in lieu thereof the following: a path to better information sharing culture. He was always ready to lend a SECTION 1. SHORT TITLE. between those prescription drug moni- hand to me or to my staff on any issue This Act may be cited as the ‘‘AFG and toring programs at the State level for important to Arkansas. SAFER Program Reauthorization Act of 2017’’.

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