Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 115 CONGRESS, FIRST SESSION

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

Vol. 163 WASHINGTON, THURSDAY, APRIL 6, 2017 No. 58—Part III Senate (Legislative day of Tuesday, April 4, 2017)

The Senate met at 10 a.m., on the ex- U.S. SENATE, a much larger story, another extreme piration of the recess, and was called to PRESIDENT PRO TEMPORE, escalation in the left’s never-ending order by the Honorable LUTHER Washington, DC, April 6, 2017. drive to politicize the courts and the To the Senate: STRANGE, a Senator from the State of Under the provisions of rule I, paragraph 3, confirmation process. Alabama. of the Standing Rules of the Senate, I hereby It is a fight they have waged for dec- appoint the Honorable LUTHER STRANGE, a ades with a singular aim: securing raw f Senator from the State of Alabama, to per- power, no matter the cost to country form the duties of the Chair. or institution. It underlies why this PRAYER ORRIN G. HATCH, threatening filibuster cannot be al- The Chaplain, Dr. Barry C. Black, of- President pro tempore. lowed to succeed or continue—for the fered the following prayer: Mr. STRANGE thereupon assumed sake of the Senate, for the sake of the Let us pray. the Chair as Acting President pro tem- Court, and for the sake of our country. O God, our help in ages past, our hope pore. I think a look back through history for years to come, throughout life’s f will help every colleague understand seasons moments of decision arrive. As why. I always had a particular interest EXECUTIVE CALENDAR—Continued our lawmakers prepare to make crit- in the history of judicial nominations. ical decisions, give them the wisdom to RECOGNITION OF THE MAJORITY LEADER It is an interest that predates my serv- choose the more challenging right that The ACTING PRESIDENT pro tem- ice here as a Senator. I remember serv- brings the greatest glory to Your pore. The majority leader is recog- ing on the staff of a Senator on the Ju- Name. Supply their needs according to nized. diciary Committee during a time when Your riches in glory. Purify their Mr. MCCONNELL. Mr. President, the two different judicial nominees were thoughts as they strive to do Your will. Senate has considered the nomination being considered. One, Harrold Remind them that those who are faith- of Judge Neil Gorsuch for many weeks Carswell, was voted down on the Sen- ful with little will be faithful with now. We have seen his impressive create floor—correctly, in my view. An- much. May they seek simply to be dentials. We have reviewed his incred- other, Clement Haynesworth, also faithful in whatever You assign their ible record. We have heard glowing failed to receive the necessary support hands to do, striving to please You praise on a nearly daily basis from col- for confirmation—but in error, I with their work. leagues and students, from judges and thought. We pray in Your great Name. Amen. newspaper editorials, from Democrats It piqued my interest on what advice and from Republicans. and consent should mean in the Sen- f Judge Gorsuch is independent, and he ate, and what it actually meant in is fair. He is beyond qualified, and he practice. I would learn later that I was PLEDGE OF ALLEGIANCE will make a stellar addition to the Su- witnessing the nascent stirrings of The Presiding Officer led the Pledge preme Court. what would soon become the so-called of Allegiance, as follows: Hardly anyone in the legal commu- judicial wars—the left’s efforts to I pledge allegiance to the Flag of the nity seems to argue otherwise, and yet, transform confirmations from con- United States of America, and to the Repub- our Democratic colleagues appear structive debates over qualifications lic for which it stands, one nation under God, poised to block this incredible nominee into raw ideological struggles with no indivisible, with liberty and justice for all. with the first successful partisan fili- rules or limits. buster in American history. It would be It is a struggle that escalated in ear- f a radical move, something completely nest when Democrats and leftwing spe- unprecedented in the history of our cial interests decided to wage war on APPOINTMENT OF ACTING Senate and out of all proportion to the President Reagan’s nominee in 1987, PRESIDENT PRO TEMPORE eminently qualified judge who is actu- Robert Bork. Polite comity went out The PRESIDING OFFICER. The ally before us. But then again, this the window as Democrats launched one clerk will please read a communication isn’t really about the nominee anyway. vicious personal attack after another— to the Senate from the President pro The opposition to this particular nomi- not because Bork lacked qualifications tempore (Mr. HATCH). nee is more about the man who nomi- or suffered some ethical failing, but be- The senior assistant legislative clerk nated him and the party he represents cause his views were not theirs. The read the following letter: than the nominee himself. It is part of Washington Post described it at the

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

S2383

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.288 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2384 CONGRESSIONAL RECORD — SENATE April 6, 2017 time: ‘‘It’s not just that there has been some on my side wanted to defeat their nees. Then, in 2003, according to the an intellectual vulgarization and per- nominations with a filibuster. The Re- New York Times, he ‘‘recommended sonal savagery to elements of the at- publican leadership said: Let’s not do using an extreme tactic, the fili- tack, profoundly distorting the record that. To their great credit, Majority buster,’’ to block them. and the nature of the man.’’ Leader Lott and Judiciary Chairman ‘‘Mr. Schumer,’’ it said, ‘‘urged As NPR would later observe, the HATCH implored our confidence not to Democratic colleagues in the Senate to left’s ‘‘all-out campaign to defeat the do that. Senator Lott filed cloture on use a tactic that some were initially nomination . . . legitimized scorched- these nominees to advance the nomina- reluctant to pursue, and that has roiled earth ideological wars over nomination. He, Senator HATCH, and I and a the Senate: a filibuster on the floor of tions at the Supreme Court.’’ vast majority of the Republican Con- the chamber to block votes on nomi- I was there. I saw it all. I remember ference voted for cloture to give them nees that he and other Democrats had the viciousness of it. I also remember an up-or-down vote. We didn’t do this decided to oppose.’’ feeling that the Senate was reaching a because we supported the nominees. In It is hard to express how radical a turning point where a judicial nominee fact, most of us voted against their ac- move that was at that time because it would no longer be evaluated on their tual confirmation, but we thought they completely changed the way the Sen- credentials but on their ideology. That deserved an up-or-down vote. That, ate had handled these nominations for observation, unfortunately, has proven after all, was the tradition of the Sen- our entire history. Even filing cloture correct, with Democrats raising the ate. on a judicial nominee had been rare be- stakes and moving the goalposts each Given that we were in the majority fore then, and actually defeating any step of the way. and these nominations were highly judicial nominee by filibuster, other They certainly did so under the next controversial, our determination not to than the bipartisan opposition to the Republican President, George H.W. filibuster but instead advance them to nomination of Abe Fortas back in 1968, Bush. We all know what happened to an up-or-down vote was not, as you in a Presidential election year was Clarence Thomas. If the gloves were off might imagine, popular with our base. simply unheard of. for Bork, the brass knuckles came out But we resisted the political pressure. No longer. Democrats blocked cloture 21 times for Thomas. Here is how left-leaning Again, we respected the Senate’s tradi- on 10 different circuit court nominees, columnist Juan Williams described the tion against filibustering judicial including on outstanding lawyers like situation: ‘‘To listen or read some news nominees. Miguel Estrada, whose nomination was reports on Thomas over the past month But it would matter little to our filibustered an incredible 7 times. is to discover a monster of a man, to- Democratic friends. These are not inflated statistics like Less than a year later, President tally unlike the human being full of the supposed 78 filibusters our Demo- Bush 43 comes to office. Before he had sincerity, confusion, and struggles cratic colleagues are now alleging oc- whom I saw as a reporter who watched submitted a single judicial nominee, curred during the Obama administra- him for some 10 years.’’ our Democratic colleagues held a re- tion, which include numerous instances That is Juan Williams speaking on treat in Farmington, PA. There, ac- in which the prior Democratic leader Clarence Thomas. Williams said: cording to participants, they deter- unnecessarily filed cloture petitions. He has been conveniently transformed into mined to change the ground rules for No, what I am talking about are real a monster about whom it is fair to say any- how they would handle judicial nomi- and repeated filibusters used by Demo- thing, to whom it is fair to do anything. nees. crats to defeat nominations. By the time Bill Clinton won the As the New York Times reported, In the face of this wholly unprece- Presidency, ‘‘Bork’’ had become a verb Democrats apparently decided ‘‘there dented change in the norms and tradi- and ‘‘high-tech lynching’’ was on the was no obligation to confirm someone tions of the Senate, we Republicans lips of the Nation. Wounds were fresh just because they are scholarly.’’ Our contemplated using the nuclear option. and deep when this Democratic Presi- friend the Democratic leader said at We decided against it. Fourteen col- dent had the chance to name two Jus- the time that what he and his colleagues—three of whom still serve in tices of his own to the Court. leagues were ‘‘trying to do was set the this body—reached an accord whereby Republicans could have responded in stage’’ for yet another escalation in filibusters would be overcome for 5 of kind to these nominees, but that is not the left’s judicial wars. the 10 nominees in question. Regret- what happened. When President Clin- Senate Democrats soon became the fully, Miguel Estrada was not one of ton nominated Ruth Bader Ginsburg, majority in the Senate due to then- them. He had withdrawn his nomina- the Senate confirmed her 96 to 3. When Senator Jeffords’ party switch. To help tion after being put through an unprec- President Clinton nominated Stephen implement the imperative from their edented ordeal. Breyer, the Senate confirmed him 87 to retreat ‘‘to change the ground rules,’’ Yet, the ink was barely dry on the 9. I, like the vast majority of Repub- the current Democratic leader used his accord I mentioned when Senate Demo- licans, voted for both of them. We did position on the Judiciary Committee crats, led, in part, by our friend the so in full knowledge of the considerable to hold a hearing on whether ideology Democratic leader, again did some- ideological differences between these should matter in the confirmation thing exceedingly rare in the nomina- nominees and ourselves. Ginsburg, in process. tions process: They tried to filibuster particular, had expressed notably ex- Now, it won’t surprise you that the Samuel Alito’s nomination to the Su- treme views—even advocating for the conclusion he and his colleagues preme Court. No member of the Repub- abolition of Mother’s Day. A nominee reached was that it should. So they lican Conference, by the way, has ever for the Supreme Court who advocated killed in committee, either through in- voted to filibuster a Supreme Court the abolition of Mother’s Day was con- action or via committee vote, qualified nominee—ever. Nobody on this side of firmed 96 to 3. judicial nominees who did not fit their the aisle has ever done that. Could we have Borked these nomi- preferred ideology. I know, because I Again, it would have been easy for nees? Could we have tried to filibuster was on the committee then. Eighteen Republicans to have retaliated when them? Sure, but we didn’t. months later, our Democratic col- President Obama took office, but just We resisted the calls for retribution leagues lost control of the Senate, and, like under Clinton, that is not what and did our level best to halt the Sen- therefore, control of the Judiciary happened. How did we treat Obama’s ate’s slide after the Bork and Thomas Committee. Our colleague, the current lower court nominees? episodes. We respected the Senate’s Democrat leader, again took center At the time, our Democratic col- tradition against filibustering Supreme stage. leagues decided to ‘‘fill up the DC Cir- Court nominees. The New York Times noted that cuit one way or the other,’’ as the Now, the tradition not to filibuster ‘‘over the last two years, Mr. Schumer Democratic leader put it. Senate Re- extended beyond just the Supreme has used almost every maneuver avail- publicans had defeated a grand total of Court. When President Clinton named able to a Senate Judiciary Committee two of President Obama’s judicial two highly controversial nominees member to block the appointment’’ of nominees. At the time that they de- from California to the Ninth Circuit, the Bush administration judicial nomi- cided to employ the nuclear option and

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.289 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2385 fill up the DC Circuit, Senate Repub- themselves had the shoe been on the nuclear option in 2013. Do not trigger it licans had confirmed 215 Obama judges other foot. again in 2017. and had defeated just 2. The majority of the Senate expressed RESERVATION OF LEADER TIME So our Democratic colleagues’ deci- itself then by withholding consent. The ACTING PRESIDENT pro tem- sion to employ the nuclear option in The majority of the Senate wishes pore. Under the previous order, the 2013 was not in response to rampant ob- now to express itself by providing con- leadership time is reserved. struction but was, in the words of the sent to Judge Gorsuch. The ACTING PRESIDENT pro tem- Washington Post, a ‘‘power play.’’ By The bipartisan majority that sup- pore. Under the previous order, the the way, at the time, I don’t recall the ports him cannot do so if a partisan time until the cloture vote on the Democratic leader or any other of our minority filibusters. They are prepared Gorsuch nomination will be equally di- Democratic colleagues repeating the to do so for the first time in American vided between Senators GRASSLEY and refrain: If there are not 60 votes for a history, and the Democratic leader has FEINSTEIN or their designees. nominee, you don’t change the rules; mused openly about holding this seat The Senator from Iowa. you change the nominee. vacant for an entire Presidential term. Mr. GRASSLEY. Mr. President, I was They were not saying that then. We will not allow their latest unprec- going to ask unanimous consent to What did they do? They changed the edented act on judicial nominations to that extent. I guess you have already rules. It was a power play, but it was take hold. This will be the first and announced that it is in place; is that also something else. It was a tacit ad- last partisan filibuster of a Supreme right? I am going to add something to mission by our Democratic colleagues Court nomination. what the Acting President pro tempore that the Senate tradition of up-or- All of this history matters. I know just said, so let me start over again. down votes of judicial nominees that the Democratic leader would rather I ask unanimous consent that the they had first upset back in 2003 by not revisit the circumstances that time until 10:45 a.m. be equally divided starting the practice of filibustering brought us to this moment. I know the between Senator FEINSTEIN or her des- judicial nominees was a tradition they Democratic leader would rather not ignee and myself or my designee and should have respected. Unfortunately, talk about it. Of course, he doesn’t that the time from 10:45 a.m. to 11 it took them 10 years to realize this want to talk about it. He and his party o’clock be reserved for Senator SCHU- and only after they captured the White decided to change the ground rules for MER’s leader remarks. House and only after Republicans also handling judicial nominations. The ACTING PRESIDENT pro tem- used, on a smaller scale, the tool that He and his party pioneered the prac- pore. Without objection, it is so or- they, themselves, inaugurated a decade tice of filibustering lower court judi- dered. earlier. cial nominees. He and his party The Senator from Illinois. And how did we treat President launched the first partisan filibuster of Mr. DURBIN. Mr. President, I ask for Obama’s Supreme Court nominees? Did a Supreme Court nominee. He and his a clarification. Is the remaining 17 or we try to filibuster them like our party deployed the nuclear option in 18 minutes equally divided? Democratic colleagues tried with Jus- 2013. Now they are threatening to do The ACTING PRESIDENT pro tem- tice Alito? Of course not. something else that has never been pore. The Senator is correct. Mr. GRASSLEY. Mr. President, that When President Obama nominated done in the history of the Senate: suc- is what my unanimous consent request Sonia Sotomayor and Elena Kagan, we cessfully filibuster a Supreme Court said. treated both nominees fairly, as they nominee on a purely partisan basis. Mr. DURBIN. Mr. President, I just would later say themselves, and we se- For what reason—because he is not wanted to get more specific. I am not cured an up-or-down vote for both. qualified or because he is not fit for the questioning what the Senator asked Most Republicans had significant mis- job? No, it is because he was nominated givings about these nominees. Many of for. by a Republican President. Do we have 9 minutes each or 8 min- us voted no on the confirmations, but This is the latest escalation in the utes each? we did not think it would be right to left’s never-ending judicial war—the Mr. GRASSLEY. I will probably need deny them up-or-down votes. most audacious yet. It cannot and it more than 9 minutes, but I will put the I and the ranking member of the Ju- will not stand. rest of my statement in the RECORD. diciary Committee at the time, Jeff There cannot be two sets of stand- Mr. DURBIN. So will I. Sessions, even protested when then- ards—one for the nominees of Demo- Mr. President, I defer to the chair- Democratic Leader Reid tried to file cratic Presidents and another for the man of the committee if he would like cloture on the Kagan nomination be- nominee of a Republican President. to speak first. cause we were determined to prevent The Democratic leader, essentially, Mr. GRASSLEY. Mr. President, with- even the hint of a filibuster. Again, we claimed yesterday that Democratic in the next hour or so, we will learn respected the Senate’s tradition Presidents nominate Justices who are whether the minority will come to against filibustering Supreme Court near the mainstream but that Repub- their senses or whether they will en- nominees. lican Presidents nominate Justices gage in the very first partisan fili- I know our friends on the Democratic who are far outside the mainstream. buster of a Supreme Court nominee. side will be quick to interject with a In what universe are we talking All indications are that they are com- predictable protest about last year, about here? mitted to their course. That is unfortu- though they seem to forget their own I would say to my friend from New nate. It truly is. position on the issue. When Justice York that few outside of Manhattan or The question one has to ask is this: Scalia passed away, the Senate chose San Francisco believe that Ruth Bader What, exactly, is so objectionable to follow a standard that was first set Ginsburg is in the mainstream but that about this nominee that he should be forth by then-Senator Biden, when he Neil Gorsuch is not. subjected to the first partisan fili- was chairman of the Judiciary Com- To quote a long-time Democrat and buster in U.S. history? Is he, really, mittee, and then was expanded upon by member of the left-leaning American not well qualified? the current Democratic leader, him- Constitution Society, there is simply He attended Columbia for his bach- self. The Senate exercised its constitu- no principled reason—none—to vote no elor’s, Harvard for law school, Oxford tional advice and consent role by with- on Judge Gorsuch’s nomination, even for his doctorate. He clerked for not holding its consent until after the elec- less of one to block that vote from oc- one—but two—Supreme Court Justices. tion so that the next President, regard- curring at all. He has spent over 10 years on the cir- less of party, could select a nominee. It Let me say this to my Democratic cuit court and has heard 2,700 cases. It is a standard I held to even when it colleagues: If you truly cannot support is clear, then, that he is extremely well seemed inevitable that our next Presi- the nomination of this eminently qualified. dent was going to be Hillary Clinton. It qualified nominee, then at least allow So what is it? What makes this nomi- is also a standard that President the bipartisan majority of the Senate nee so objectionable? Obama’s own legal counsel admitted who supports Gorsuch to take an up-or- The truth is, throughout this process, that Democrats would have followed down vote. You already deployed the the minority, led by their leader, has

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.290 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2386 CONGRESSIONAL RECORD — SENATE April 6, 2017 been desperately searching for a jus- groups. He made his list public for the There must have been a hacking into tification for their preplanned fili- entire country to review during the his computer because he can’t print the buster. Over the course of the last cou- campaign—the first President to do name ‘‘Merrick Garland’’ to include in ple of months, they have trotted out that. If anything, he outsourced the se- his speech. The Senator from Ken- one excuse after another, but nothing lection process to whom? The voters— tucky, the Republican leader, has will stick. the American people. failed to mention that name because They said he isn’t mainstream, but So what do you do? You are out of that name is the reason we are in this that is not true. Everyone from substantive arguments from the other spot today. Obama’s Solicitor General to Rachel side. Even shots fired at the judge’s When Justice Antonin Scalia passed Maddow has said he is mainstream. supporters somehow boomerang back away, President Obama exercised his They said he isn’t independent, but ev- and hit your own advocacy groups. We constitutional responsibility to send a eryone knows he is an independent have seen all of this before. I have been nominee to the Senate to fill the va- judge. He is his own man, and he under- through a few of these debates over the cancy on the Supreme Court. For the stands the role of a judge. years. When a Republican occupies the first time in the history of the Sen- Then they roll out this ridiculous ar- Oval Office, the nominees may change, ate—for the first time ever—this Re- gument that he is for the big guy and but the attacks remain the same. publican-led Senate refused to give this against the little guy. Even liberal law You will hear today the same poll- nominee a hearing and a vote. It had professors like Noah Feldman made fun tested catch phrases we have all heard never—underline the word ‘‘never’’— of that attack. He called it ‘‘a truly time and again. You will hear words happened before. terrible idea.’’ Then they said we and phrases like ‘‘outside the main- Was the reason that he was unquali- should hold him responsible for the stream,’’ ‘‘far right,’’ and ‘‘extreme.’’ fied? Of course not: he was unani- legal positions he took on behalf of the Invariably, these are words the left mously ‘‘well qualified,’’ serving on the U.S. Government. The only problem tries to pin on every nominee of a Re- DC Circuit Court. The reason was stat- there is, we have had a lot of nominees publican President and the people he ed clearly by Senator MCCONNELL: We who have represented the U.S. Govern- submits to the Senate. With each are going to place a bet that the next ment. They worked for it; the govern- nominee, the playbook on the left President will be a Republican, and we ment was their client. The other side seems to be the very same. The nomi- will let them fill this vacancy. certainly didn’t want to hold Justice nation process, it seems, is a desperate When the Republicans come to the Kagan responsible for taking the truly attempt to retell the same old pre- floor, as they have this morning talk- extreme position as Solicitor General ordained narrative. ing about the politicization of this that the U.S. Government was con- As I have said, those of us who have process, the reason we are here, when stitutionally permitted to ban pam- been through a few of these episodes we should be celebrating the 1-year an- phlets. So that argument fell flat as have heard it all before, and we are niversary of Merrick Garland on the well. going to hear it in the next few hours Supreme Court, is because they kept Then, of course, after they ran out of again, but this time something is very that position vacant so it could be substantive arguments against the different. This time, they intend to use filled by a Republican President. That judge and his record, they resorted to the same old preordained narrative to is exactly why we are here today. attacks on his supporters or the Presi- justify the first partisan filibuster in This notion that it is somehow fan- dent who nominated him or the selec- the 220-year history of the United ciful that the choice of Neil Gorsuch tion process, anything—anything—to States. Of course, this result was pre- was made by outside groups is belied distract from the judge and the stellar ordained because as the minority lead- by the very words of the President record he has. himself, who thanked the Federalist They trotted out this absurd claim er said weeks before the President was Society and the Heritage Foundation— that we should reject the judge not be- even sworn into office, ‘‘it’s hard for two special interest, Republican orga- cause of some opinion he has written me to imagine a nominee that Donald nizations—for giving him a list of but because those who support his Trump would choose that would get nominees for the Supreme Court. It nomination have the gall to actually Republican support that we [Demo- was very open and public, and there speak out and make their voices heard, crats] could support.’’ was gratitude—political gratitude— except they forgot to check with their You have already committed to the that they came up with the name Neil own supporters first to make sure none far left that you will launch the first of them are spending so-called dark partisan filibuster in U.S. history. So Gorsuch. That is a fact. When we look at the history that has money. Of course, they are spending you are stuck. You have to press for- led us to this moment, the Senator money on issue advocacy, just as the ward, don’t you, even though you know from Kentucky, the Republican leader, law permits and the Constitution pro- the effort is doomed to fail. You know has to accept what is clear. In the his- tects under the First Amendment. he will be confirmed, and you know in As we all know, issue advocacy dur- your heart of hearts he deserves to be tory of the United States of America, ing Supreme Court nominations is ab- confirmed. That is why this is an espe- until Senator MCCONNELL’s days under solutely nothing new. Those who are cially sad state of affairs, and I hope President Obama, exactly 68 nominees complaining about issue advocacy my colleagues will change their minds. had been filibustered. Under Senator today don’t seem to remember the TV At the end of the day, we are left MCCONNELL and the Republicans, 79 ads the far left ran attacking Judge with an exceptional nominee, with im- nominees of President Obama’s were Bork in 1987. I remember those ads. I peccable credentials and broad bipar- filibustered. It was an abuse of the fili- remember the ads the left ran against tisan support. In short, we have in buster never seen before in the history Justice Thomas as well. Of course, out- Judge Gorsuch a nominee who proves of our Nation, and it was that abuse of side groups on the left have attacked without a doubt that the minority the filibuster and statements made every Republican nominee since. leader would lead a filibuster against that they would leave vacancies on So expressing selective outrage over anyone nominated by this President. critical courts, like the DC Court of issue advocacy doesn’t advance their That is unfortunate because it is not Appeals, there forever and ever amen, cause either, but they still keep it up. the way it has to be, but it is a situa- that led to the decision 4 years ago to Finally, the talking point we have tion we cannot accept. say that we would employ a change in heard repeated most often over the last I yield the floor. the rules so we could finally fill these 24 hours is that Candidate Trump The ACTING PRESIDENT pro tem- court positions—finally break the fili- ‘‘outsourced’’ his selection process to pore. The minority whip is recognized. buster death grip—which Senator conservative groups. I must say, I find Mr. DURBIN. Mr. President, for 3 MCCONNELL brought to this Chamber in that argument the oddest of all. It is straight days, the Senate Republican a way never before seen in history. the kind of thing Justice Scalia would leader has come to the floor and has So the Senator from Kentucky has call ‘‘pure applesauce.’’ given us a history of Presidential made history. He comes to the floor The President didn’t outsource the nominations to the Supreme Court, but every day and tells us history. He made selection process to conservative clearly an investigation is necessary. history in the number of filibusters he

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.292 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2387 used on this floor. He made history in Those are insights into the values of convinced that he speaks for the good- denying a Presidential nominee the op- a man who wants a lifetime appoint- ness and rectitude.’’ So it is today. portunity for a hearing and a vote, ment to the U.S. Supreme Court, the My Republican friends feel that they which had never—never—happened be- highest Court in the land. The ques- have cause to change the rules because fore in the history of the United tions we have raised about his judg- the Democrats changed the rules on States. Talk about partisanship. ment and his values go to the heart of the lower court nominees in 2013. We When it comes to Judge Gorsuch, I who we are and what we want to be. Do believe we had to change the rules in read his cases. I sat through the hear- we want the Supreme Court to con- 2013 because the Republicans ramped ings. I was in the Senate Judiciary tinue to be a voice for the corpora- up the use of the filibuster to historic Committee. We took a measure of the tions, the corporate elite, and employ- proportions, forcing more cloture votes man. He was careful to avoid any ques- ers? Do we want to exclude the oppor- under President Obama than during all tion that he could when it came to his tunities of common people like that other Presidents combined—more clo- position on cases and issues and values, truckdriver, Al Maddin, to have his day ture votes under Obama than under and that is not unusual. Supreme Court in court and be treated fairly? That is George Washington all the way nominees do that. what it comes down to. It is a funda- through to George Bush. So we tried to look at his cases. What mental question of fairness and justice. My Republican friends think they do the cases that he decided reveal I am sorry, because I love the Senate have cause to change the rules because about the man? Two or three cases and I have spent a good part of my life we are about to deny cloture on the came right to the front. The first in- here, that we have reached this mo- nomination of Judge Gorsuch. We be- volved the sad story of a frozen truck- ment. But it is this effort to fill the lieve what Republicans did to Merrick driver on Interstate 88 outside of Chi- courts of this Nation with Republican Garland was worse than a filibuster, cago in January a few years back. It appointments, even at the expense of declaring mere hours after Justice was 14 degrees below zero, and the violating Senate traditions that are Scalia’s death that they would deny brakes on his trailer froze. He pulled to over 100 years old, that has brought us the constitutional prerogative of a the side of the road, called his dis- to this moment. President with 11 months left in his patcher who said: Stay with the truck. As someone said, the nuclear option term. As my colleague from Illinois We are sending somebody. Hours was used by Senator MCCONNELL when noted, we did not hear two words in the passed. He was going through hypo- he stopped Merrick Garland. What we long speech of Senator MCCONNELL: thermia. He was freezing. He called the are facing today is the fallout. Merrick Garland. dispatcher and said: I have to do some- Mr. President, I yield the floor. We could relitigate these debates for thing. He said: You either drive this RECOGNITION OF THE MINORITY LEADER the next hour, mentioning everything disabled truck out on the interstate The ACTING PRESIDENT pro tem- the Republican leader left out in his re- and take your best chances or you pore. The Democratic leader is recog- marks. In fact, I am pretty sure we stick with the truck. He decided to could argue endlessly about where, and unhitch the trailer and drive to a gas nized. Mr. SCHUMER. Mr. President, this with whom, this all started. Was it the station, gas up and warm up, and come past week, the American people have Bork nomination or the obstruction of back. For that he was fired. Seven judges looked at that case to been exposed to a contentious debate judges under President Clinton? Was it decide whether it was fair to fire Al- here on the Senate floor about the when Democrats blocked judges under phonse Maddin. Six of the judges said: nomination of Judge Gorsuch to the President Bush or when Republicans No, he did the right thing. One judge Supreme Court. blocked them under President Obama? said: I rule for the trucking company The American people have heard Was it Judge Garland or Judge that fired him—Neil Gorsuch, the many arguments about the judge’s Gorsuch? Wherever we place the start- nominee for the Supreme Court. merits and his shortcomings. They ing point of this long twilight battle In the Hobby Lobby case, the deci- have also heard Senators litigate four over the judiciary, we are now at its sion was basic, who should decide the decades of fierce partisan wrangling end point. healthcare of thousands of workers. over the composition and direction of These past few weeks, we Democrats Well, the Green family who owns the Federal judiciary. That debate, have given Judge Gorsuch a fair proc- Hobby Lobby said: Our religious beliefs that long debate, has informed the cur- ess, something Merrick Garland was should dominate. We should decide rent one about Judge Gorsuch. Newer denied. My colleagues came into this family planning and birth control for Members may not remember all the de- debate with an open mind. I think our employees and their health insur- tails. Friends of mine, like Senator many of them wanted to vote for Judge ance. Judge Gorsuch said: That is right HATCH, probably remember too many Gorsuch at the outset. So we met with because they own a corporation, and a of them. Still, the vote on Judge the nominee. We consented to and par- corporation is a person, and as a cor- Gorsuch and the decision by the major- ticipated in his hearing. But over the poration, they can have sincere reli- ity leader to move to change the rules course of the hearing, during which gious beliefs. It was a choice between a has roped in all of that history. Judge Gorsuch employed practiced eva- corporate ownership of a family and Now, how did we get here? The truth sions and judicial platitudes, the mood 13,000 employees and their own per- is, over the long history of partisan of our caucus shifted. Without so much sonal religious rights, and Judge combat over judicial nominations, as a hint about his judicial philosophy, Gorsuch ruled for the corporation. there is blame on both sides. We be- without a substantive explanation of Kansas State University. A Kansas lieve that the blame should not be how he views crucial legal questions, State University professor, Grace shared equally between Republicans all we had to go on was his record, and Hwang, after working there for many and Democrats. We believe the Repub- the more we learned about Judge years, was diagnosed with cancer and lican Party has been the far more ag- Gorsuch’s record, the more we didn’t had to go through a bone marrow gressive party in the escalation of tac- like. transplant. She took 6 months off. tics and in the selection of extreme ju- Judge Gorsuch has shown in his rul- Then, when she was called back to dicial candidates, while Democrats ings and in his writings to side almost work, she called the university and have tended to select judges closer to instinctively with corporate interests said: I understand there is an influenza the middle. over average Americans. He hasn’t outbreak on campus, and I am afraid, Keep this in mind: The last time a shown independence from the Presi- after having just had a bone marrow Republican-controlled Senate con- dent, who so routinely challenges the transplant, to be exposed to influenza firmed the Supreme Court nomination legitimacy of the judiciary. While he at this point. They said: You either of a Democratic President was 1895. has made a studious effort to portray come back and teach or you are fired. Nonetheless, each side comes here himself as thoughtful and moderate, She didn’t come back. They fired her. today in full confidence that their side his record shows that, far from being It was Judge Gorsuch who said their is in the right. It was once said that the kind of mainstream candidate for employer was right; Kansas State Uni- ‘‘antagonism is never worse than when the Supreme Court that could earn 60 versity was right. it involves two men each of whom is votes, he may very well turn out to be

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.293 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2388 CONGRESSIONAL RECORD — SENATE April 6, 2017 one of the most conservative Justices the judiciary for a long time. For two the Senate has been the place where on the bench. An analysis of his record decades, they have done whatever it great, seemingly intractable disagree- in the New York Times showed he has taken to move the bench to an ide- ments in American politics finally give would be the second most conservative ological, far-right position. Inde- way to compromise, precisely because Justice on the bench, and one in the pendent experts have stated that we we have a set of rules that requires it. Washington Post showed he would be have a more conservative Supreme The story of the Senate is one of fierce the most conservative Justice, even to Court than we have had in a very long debate but eventual cooperation. We the right of Justice Thomas. time. Nothing—not even the rules, not tend to pull back when things get too For these principled reasons, Judge even the comity of the Senate—seems heated because we all care about this Gorsuch was unable to earn enough to stop them. institution and its role in our national Democratic support for confirmation. When the dust settles, make no mis- life. In this case, the cumulative Because of that, the majority is about take about it, it will have been the Re- resentments from years of partisan to change the Standing Rules of the publicans who changed the rules on the trench warfare were too great. Instead Senate to allow all Supreme Court Supreme Court. But we take no solace of the Senate forcing us to change, nominees to pass on a majority vote. that history will put it on their shoul- Senators have decided to change the It doesn’t have to be this way. When ders because the consequences for the Senate. I worry a great deal about a nominee doesn’t get enough votes for Senate and for the future of the Su- what that means for our future. confirmation, the answer is not to preme Court will be far-reaching. The Twenty years ago, I think even the change the rules; it is to change the nuclear option means the end of a long most partisan would say that the 60- nominee. Presidents of both parties history of consensus on Supreme Court vote threshold was basically inviolable. have done so in similar situations. On nominations. It weakens the standing Today, it will be gone for all nomina- several occasions, Supreme Court of the Senate as a whole as a check on tions, but at least not for legislation. nominees were withdrawn because they the President’s ability to shape the ju- My friend the majority leader has said did not have enough support; one was diciary. In a postnuclear world, if the he has no interest in removing the bar- even withdrawn after a failed cloture Senate and the Presidency are in the rier for legislation. vote. hands of the same party, there is no in- I agree with him wholeheartedly, and So this week we have endeavored to centive to even speak to the Senate mi- I take him at his word. give the majority leader and my I hope we can get together to do nority. That is a recipe for more con- friends on the other side of the aisle a more in future months to ensure that flict and bad blood between the parties, way out of this predicament. We of- the 60-vote threshold for legislation re- not less. The cooling saucer of the Sen- fered them the option to sit down with mains, but just as it seemed unthink- ate will get considerably hotter. us Democrats and the President and The 60-vote threshold on controver- able only a few decades ago that we discuss a nominee who would earn sial matters is a hallmark of the Sen- would change the rules for nominees, enough bipartisan support to pass the today’s vote is a cautionary tale about ate. The majority leader has said so Senate, not one vetted only by far- how unbridled partisan escalation can himself. It fosters compromise, it fos- right special interest groups. ultimately overwhelm our basic incli- ters bipartisanship, and it makes the I came here to the floor each day and nation to work together and frustrate Senate more deliberative. Sixty votes made an offer to meet anywhere, any- our efforts to pull back, blocking us ought to be the epigraph of the Senate. time to discuss a new nominee. I hoped, from steering the ship of the Senate Losing that standard on the Supreme perhaps naively, that we could discuss away from the rocks. a way forward that both our parties Court, a hugely controversial matter, There is a reason it was dubbed the could live with. Unfortunately, there erodes the very nature of this body. ‘‘nuclear option.’’ It is the most ex- The 60-vote bar in the Senate is the were no counteroffers or discussion of- treme measure, with the most extreme fered by the other side. But our offer guard rail of our democracy. When our consequences. While I am sure we will was meant sincerely. body politics is veering too far to the continue to debate what got us here, I Democrats and Republicans are right or to the left, the answer is not to know that in 20 or 30 or 40 years, we caught in such a bunker mentality on dismantle the guardrails and go over will sadly point to today as a turning this issue that we are just talking past the cliff but to turn the wheel back to- point in the history of the Senate and each other. I know that many of my ward the middle. The answer is not to the Supreme Court; a day when we ir- Republican friends are squeamish and undo the guardrails—the rules—it is to revocably moved further away from the uncomfortable with the path we are on, steer back to the middle and get a principles our Founders intended with as we Democrats are as well. We have more mainstream candidate. these institutions, principles of biparti- reached a point where the level of dis- With respect to the Supreme Court, sanship and moderation and consensus. trust is so high on this issue, we can’t the 60-vote threshold operates as a Let us go no further on this path. even sit down and talk. guardrail against judicial extremism. I yield the floor. My Republican friends dismiss out of When 60 votes—typically a bipartisan CLOTURE MOTION hand the notion that Democrats will supermajority—are required for con- The ACTING PRESIDENT pro tem- ever vote to confirm a Republican- firmation, nominees tend to be in the pore. Pursuant to rule XXII, the Chair nominated judge, despite the fact that judicial mainstream. The only nominee lays before the Senate the pending clo- there were Democratic votes for both on the Court to be confirmed with less ture motion, which the clerk will state. Justices Roberts and Alito to get them than 60 votes was Justice Thomas, who The senior assistant legislative clerk over 60 and despite our plangent at- is widely recognized to be the most read as follows: tempts to convince them otherwise. ideologically extreme Supreme Court CLOTURE MOTION But make no mistake about it, for all Justice. It will mean the end of any We, the undersigned Senators, in accord- the back and forth, when history pressure on any future President to ance with the provisions of rule XXII of the weighs what happened, the responsi- nominate someone in the mainstream. Standing Rules of the Senate, do hereby bility for changing the rules will fall When it comes to the courts, the move to bring to a close debate on the nomi- on the Republicans’ and Leader MCCON- guardrails are being dismantled. There nation of Neil M. Gorsuch, of Colorado, to be an Associate Justice of the Supreme Court of NELL’s shoulders. They have had other will be more 5-to-4 decisions, as our ranking member of the Judiciary Com- the United States. choices; they have chosen this one. No Mitch McConnell, Mike Crapo, John Ken- one forced them to act; they acted with mittee has pointed out. There will be nedy, Jerry Moran, Mike Rounds, free will. We offered them alternatives; less faith in the Supreme Court be- Chuck Grassley, Jeff Flake, Todd they refused. They hardly entertained cause it will be seen as a political body, Young, John Cornyn, Cory Gardner, any other possibilities. It seemed that an extension of our most divisive de- Thom Tillis, Marco Rubio, John Thune, the Republican leader was, from day bates. As a result, America’s faith in Michael B. Enzi, Orrin G. Hatch, Shel- one, intent on changing the rules if he the integrity of the Court and the trust ley Moore Capito, Steve Daines. didn’t get his way. in the rule of law will suffer. The PRESIDING OFFICER. By unan- Frankly, this is how so many of our In conclusion, I am disheartened that imous consent, the mandatory quorum Republican friends have approached we are here. In the sweep of history, call has been waived.

VerDate Sep 11 2014 23:37 Apr 06, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.294 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2389 The question is, Is it the sense of the Perdue Sasse Tillis meet the 60-vote threshold, I move to Senate that debate on the nomination Portman Scott Toomey postpone the nomination to 3 p.m. on Risch Shelby Wicker of Neil M. Gorsuch, of Colorado, to be Roberts Strange Young Monday, April 24, and I ask for the an Associate Justice of the Supreme Rounds Sullivan yeas and nays. Court of the United States shall be Rubio Thune The PRESIDING OFFICER. Is there a brought to a close? NAYS—45 sufficient second? The yeas and nays are mandatory Baldwin Gillibrand Nelson There is a sufficient second. under the rule. Bennet Harris Peters The question is on agreeing to the Blumenthal Hassan Reed motion. The clerk will call the roll. Booker Heinrich Sanders The legislative clerk called the roll. Brown Hirono Schatz The clerk will call the roll. The yeas and nays resulted—yeas 55, Cantwell Kaine Schumer The legislative clerk called the roll. nays 45, as follows: Cardin King Shaheen The result was announced—yeas 48, Carper Klobuchar Stabenow nays 52, as follows: [Rollcall Vote No. 105 Ex.] Casey Leahy Tester [Rollcall Vote No. 107 Ex.] YEAS—55 Coons Markey Udall Cortez Masto McCaskill Van Hollen YEAS—48 Alexander Fischer Paul Duckworth Menendez Warner Baldwin Gillibrand Murray Barrasso Flake Perdue Durbin Merkley Warren Bennet Harris Nelson Bennet Gardner Portman Feinstein Murphy Whitehouse Blumenthal Hassan Peters Blunt Graham Risch Franken Murray Wyden Boozman Grassley Booker Heinrich Reed Roberts Brown Heitkamp Sanders Burr Hatch Rounds The motion was agreed to. Capito Heitkamp The PRESIDING OFFICER (Mrs. Cantwell Hirono Schatz Rubio Cardin Kaine Schumer Cassidy Heller Sasse FISCHER). The Democratic leader. Cochran Hoeven Carper King Shaheen Scott Collins Inhofe Mr. SCHUMER. Madam President, Casey Klobuchar Stabenow Shelby Corker Isakson parliamentary inquiry. Coons Leahy Tester Strange Cornyn Johnson The PRESIDING OFFICER. The Cortez Masto Manchin Udall Cotton Kennedy Sullivan Donnelly Markey Van Hollen Crapo Lankford Thune Democratic leader will state the par- Duckworth McCaskill Warner Cruz Lee Tillis liamentary inquiry. Durbin Menendez Warren Daines Manchin Toomey Mr. SCHUMER. Madam President, is Feinstein Merkley Whitehouse Franken Murphy Wyden Donnelly McCain Wicker it correct that over half the nomina- Enzi Moran Young NAYS—52 Ernst Murkowski tions on which cloture motions were filed in the Senate, over the course of Alexander Flake Perdue NAYS—45 our entire history as a country, were Barrasso Gardner Portman Blunt Graham Baldwin Harris Nelson Risch filed between the beginning of Presi- Boozman Grassley Blumenthal Hassan Peters Roberts Burr Hatch Booker Heinrich Reed dent Obama’s administration and No- Rounds Capito Heller Brown Hirono Sanders vember 21, 2013? Rubio Cassidy Hoeven Cantwell Kaine Schatz Sasse The PRESIDING OFFICER. The Sec- Cochran Inhofe Cardin King Schumer Scott retary of the Senate’s office confirms Collins Isakson Carper Klobuchar Shaheen Shelby Corker Johnson Casey Leahy Stabenow that 79 of the 147 cloture motions filed Strange Cornyn Kennedy Coons Markey Tester on nominations were filed between 2009 Sullivan Cotton Lankford Cortez Masto McCaskill Udall and November 21, 2013. Crapo Lee Thune Duckworth McConnell Van Hollen Cruz McCain Tillis Durbin Menendez Warner Mr. SCHUMER. Madam President, Daines McConnell Toomey Feinstein Merkley Warren further parliamentary inquiry. Enzi Moran Wicker Franken Murphy Whitehouse The PRESIDING OFFICER. The Ernst Murkowski Young Gillibrand Murray Wyden Democratic leader will state the par- Fischer Paul The PRESIDING OFFICER (Mr. SUL- liamentary inquiry. The motion was rejected. LIVAN). On this vote, the yeas are 55, Mr. SCHUMER. Madam President, The PRESIDING OFFICER. The ma- the nays are 45. under the rules and precedents of the jority leader. Three-fifths of the Senators duly cho- Senate, is the Senate prohibited from Mr. MCCONNELL. Madam President, sen and sworn not having voted in the considering and voting on a nominee to our Democratic colleagues have done affirmative, the motion is rejected. the Supreme Court in the fourth year something today that is unprecedented MOTION TO RECONSIDER of the President’s term? in the history of the Senate. Unfortu- Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The nately, it has brought us to this point. move to reconsider the vote, and I ask Chair is not aware of any such prohibi- We need to restore the norms and tra- for the yeas and nays. tion in its rules or precedents. ditions of the Senate and get past this The PRESIDING OFFICER. Is there a Mr. SCHUMER. Madam President, unprecedented partisan filibuster. sufficient second? additional parliamentary inquiry. Therefore, I raise a point of order There appears to be a sufficient sec- The PRESIDING OFFICER. The that the vote on cloture, under the ond. Democratic leader will state the par- precedent set on November 21, 2013, is a The question is on agreeing to the liamentary inquiry. majority vote for all nominations. motion. Mr. SCHUMER. Is the Chair aware of The PRESIDING OFFICER. The The clerk will call the roll. any instance in the years between the precedent of November 21, 2013, did not 1949 advent of routine public Supreme The senior assistant legislative clerk apply to nominations to the Supreme Court confirmation hearings and 2016 called the roll. Court. Those nominations are consid- that a nominee who was not withdrawn The result was announced—yeas 55, ered under plain language of rule XXII. did not receive a hearing and a vote? nays 45, as follows: The point of order is not sustained. The PRESIDING OFFICER. The Sec- [Rollcall Vote No. 106 Ex.] APPEALING RULING OF THE CHAIR retary of the Senate’s office confirms Mr. MCCONNELL. Madam President, YEAS—55 that since 1949, Supreme Court nomi- I appeal the ruling of the Chair. Alexander Cruz Hoeven nees have routinely received public The PRESIDING OFFICER. The Barrasso Daines Inhofe hearings. Harriet Miers, whose nomina- Blunt Donnelly Isakson Democratic leader. Boozman Enzi Johnson tion was withdrawn, and Merrick Gar- Mr. SCHUMER. Madam President, Burr Ernst Kennedy land did not. parliamentary inquiry. Capito Fischer Lankford MOTION TO POSTPONE Cassidy Flake Lee The PRESIDING OFFICER. The Cochran Gardner Manchin Mr. SCHUMER. Madam President, in Democratic leader will state the par- Collins Graham McCain order to allow President Trump, Re- liamentary inquiry. Corker Grassley McConnell publicans, and Democrats time to come Mr. SCHUMER. Madam President, Cornyn Hatch Moran Cotton Heitkamp Murkowski together and discuss a way forward on did the Senate precedent established on Crapo Heller Paul a Supreme Court nominee who can November 21, 2013, on how nominations

VerDate Sep 11 2014 00:19 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.298 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2390 CONGRESSIONAL RECORD — SENATE April 6, 2017 are considered in the Senate change Crapo Isakson Rounds Thom Tillis, Marco Rubio, John Thune, the cloture threshold for nominations Cruz Johnson Rubio Michael B. Enzi, Orrin G. Hatch, Shel- Daines Kennedy Sasse ley Moore Capito, Steve Daines. to the Supreme Court? Enzi Lankford Scott The PRESIDING OFFICER. The con- Ernst Lee Shelby The PRESIDENT pro tempore. By sideration of nominees to the Supreme Fischer McCain Strange unanimous consent, the mandatory Flake McConnell Court of the United States was unaf- Sullivan quorum call has been waived. Gardner Moran Thune Graham Murkowski The question is, Is it the sense of the fected by the precedent of November 21, Tillis Grassley Paul 2013, and is as under rule XXII. Toomey Senate that debate on the nomination Hatch Perdue Wicker of Neil M. Gorsuch, of Colorado, to be Mr. SCHUMER. Madam President, a Heller Portman second parliamentary inquiry. Hoeven Risch Young an Associate Justice of the Supreme The PRESIDING OFFICER. The Inhofe Roberts Court of the United States shall be Democratic leader will state the par- The motion was rejected. brought to a close, upon reconsideration? liamentary inquiry. APPEALING RULING OF THE CHAIR The yeas and nays are mandatory Mr. SCHUMER. Madam President, in The PRESIDENT pro tempore. The the history of the Senate, have there under the rule. question is, Shall the decision of the The clerk will call the roll. been any instances in which a nomina- Chair stand as the judgment of the tion to the Supreme Court was with- The senior assistant legislative clerk Senate? called the roll. drawn after cloture was not invoked on Mr. MCCONNELL. Mr. President, I the nomination? The yeas and nays resulted—yeas 55, ask for the yeas and nays. nays 45, as follows: The PRESIDING OFFICER. The Sec- The PRESIDENT pro tempore. Is [Rollcall Vote No. 110 Ex.] retary of the Senate’s office has con- there a sufficient second? firmed that such a withdrawal has There appears to be a sufficient sec- YEAS—55 taken place. ond. Alexander Flake Paul Mr. SCHUMER. Thank you, Madam Barrasso Gardner Perdue The clerk will call the roll. Blunt Graham Portman President. The legislative clerk called the roll. Boozman Grassley Risch Madam President, a parliamentary The result was announced—yeas 48, Burr Hatch Roberts inquiry. nays 52, as follows: Capito Heitkamp Rounds Cassidy Heller Rubio The PRESIDING OFFICER. The [Rollcall Vote No. 109 Ex.] Cochran Hoeven Sasse Collins Inhofe Democratic leader will state the par- YEAS—48 Scott Corker Isakson liamentary inquiry. Shelby Baldwin Gillibrand Murray Cornyn Johnson Strange Mr. SCHUMER. Madam President, of Bennet Harris Nelson Cotton Kennedy the last 26 nominations of Justices con- Blumenthal Hassan Peters Crapo Lankford Sullivan firmed to the Supreme Court, going Booker Heinrich Reed Cruz Lee Thune Brown Heitkamp Sanders Tillis back to 1954, how many were confirmed Daines Manchin Cantwell Hirono Schatz Donnelly McCain Toomey without a rollcall vote or received Cardin Kaine Schumer Enzi McConnell Wicker more than 60 votes in support of their Carper King Shaheen Ernst Moran Young Casey Klobuchar Stabenow Fischer Murkowski nomination either on cloture or on Coons Leahy Tester confirmation? Cortez Masto Manchin Udall NAYS—45 The PRESIDING OFFICER. The Sec- Donnelly Markey Van Hollen Baldwin Gillibrand Nelson retary of the Senate’s office confirms Duckworth McCaskill Warner Bennet Harris Peters Durbin Menendez Warren that 25 of 26 nominees were confirmed Blumenthal Hassan Reed Feinstein Merkley Whitehouse Booker Heinrich Sanders in one or another of the manner so de- Franken Murphy Wyden Brown Hirono Schatz scribed. NAYS—52 Cantwell Kaine Schumer MOTION TO ADJOURN Cardin King Shaheen Alexander Flake Perdue Carper Klobuchar Stabenow Mr. SCHUMER. Madam President, I Barrasso Gardner Portman Casey Leahy Tester move to adjourn until 5 p.m., and I ask Blunt Graham Risch Coons Markey Udall for the yeas and nays. Boozman Grassley Roberts Cortez Masto McCaskill Van Hollen Burr Hatch Rounds Duckworth Menendez Warner The PRESIDING OFFICER. Is there a Capito Heller Rubio Durbin Merkley Warren sufficient second? Cassidy Hoeven Sasse Feinstein Murphy Whitehouse Cochran Inhofe Scott Franken Murray Wyden There is a sufficient second. Collins Isakson Shelby The question is on agreeing to the Corker Johnson The PRESIDENT pro tempore. On Strange Cornyn Kennedy motion. Sullivan this vote, the yeas are 55, the nays are The clerk will call the roll. Cotton Lankford 45. Crapo Lee Thune The senior assistant legislative clerk Cruz McCain Tillis Upon reconsideration, the motion is called the roll. Daines McConnell Toomey agreed to. The result was announced—yeas 48, Enzi Moran Wicker The PRESIDING OFFICER (Mrs. Ernst Murkowski Young nays 52, as follows: Fischer Paul FISCHER). The majority whip. Mr. CORNYN. Madam President, the [Rollcall Vote No. 108 Ex.] The PRESIDENT pro tempore. The YEAS—48 Senate has just restored itself to an al- decision of the Chair does not stand as most unbroken tradition of never fili- Baldwin Gillibrand Murray the judgment of the Senate. Bennet Harris Nelson bustering judges. Blumenthal Hassan Peters CLOTURE MOTION We have actually restored the status Booker Heinrich Reed Pursuant to rule XXII, the Chair lays quo before the administration of Presi- Brown Heitkamp Sanders before the Senate the pending cloture dent George W. Bush. It was during Cantwell Hirono Schatz Cardin Kaine Schumer motion, which the clerk will state. that administration when some of our Carper King Shaheen The legislative clerk read as follows: friends across the aisle, along with Casey Klobuchar Stabenow CLOTURE MOTION some of their liberal law professor al- Coons Leahy Tester Cortez Masto Manchin Udall We, the undersigned Senators, in accord- lies, dreamed up a way of blocking Donnelly Markey Van Hollen ance with the provisions of rule XXII of the President George W. Bush’s judicial Duckworth McCaskill Warner Standing Rules of the Senate, do hereby nominees, and that was by suggesting Durbin Menendez Warren move to bring to a close debate on the nomi- that 60 votes was really the threshold Feinstein Merkley Whitehouse nation of Neil M. Gorsuch, of Colorado, to be Franken Murphy Wyden for confirming judges, rather than the an Associate Justice of the Supreme Court of constitutional requirement of a major- NAYS—52 the United States. Mitch McConnell, Mike Crapo, John Ken- ity vote. Alexander Burr Collins It has been a long journey back to Barrasso Capito Corker nedy, Jerry Moran, Mike Rounds, Blunt Cassidy Cornyn Chuck Grassley, Jeff Flake, Todd the normal functioning of the United Boozman Cochran Cotton Young, John Cornyn, Cory Gardner, States Senate, and it is amazing that it

VerDate Sep 11 2014 00:19 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.301 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2391 has taken a nominee like Judge under extraordinary circumstances Chamber, to watch the Senate con- Gorsuch to bring us back to where we would the filibuster be used, but that firmation hearings in the Judiciary were back around 2001. agreement expired in 2013. Committee—the day after day, it We have been debating and discussing Well, the minority leader and his col- seemed, that that confirmation hearing this nominee for a long time now, and leagues like to say that back then it proceeded—and of course we have got- the opponents of Judge Gorsuch have was necessary to restore a majority ten to know Judge Gorsuch over the tried time and time again to raise ob- vote. He did that just last Sunday. He past several years. We are proud that jections to this outstanding nominee— said: ‘‘Our Republican colleagues had we have a Coloradan nominated to the a nomination that no one in the Senate been holding back on just about all of Nation’s highest Court and that he opposed 10 years ago when he was con- so many lower-court judges, including would be the second Coloradan to serve firmed to a position on the Tenth Cir- the very important DC circuit’’ court, on the Supreme Court, the other one cuit Court of Appeals. They claimed he that they were forced to engage in the being Justice Byron White. Justice wasn’t mainstream enough. They said nuclear option back in 2013. But the Byron White also led the NFL in rush- this was a seat that really should have facts really belie what the Democratic ing one year, and while Gorsuch will gone to Merrick Garland. They have leader claimed in terms of the neces- never live up to that part of the Su- even accused him of plagiarism. All of sity of going nuclear back then. In preme Court legacy for Coloradans, we these arguments have no merit whatso- fact, prior to 2013, the Senate had con- know that Judge Gorsuch is an avid ever and really represent desperate at- firmed more than 200 of President outdoorsman, a fly-fisher, expert-level tempts to try to block this outstanding Obama’s judicial nominees and it re- skier, and somebody who understands nominee. Their claims were simply jected just 2—more than 200 confirmed, public lands. I think having that kind baseless, and that much became even 2 rejected. That hardly rises to a level of expertise and experience on our Na- clearer as folks from across the polit- of extreme obstruction or partisanship. tion’s highest Court will serve this ical spectrum and newspapers from That is a 99-percent confirmation rate country well. across the country urged our Demo- for President Obama. I think it is important to understand cratic colleagues to drop their point- So let’s make it clear just how this that his roots represent the roots that less filibuster and allow an up-or-down began. It started with Democratic ob- built the West. He is a fourth-genera- vote. struction under a Republican adminis- tion Coloradan, somebody who hails What also came to light is the type of tration in 2001, and it is been con- from a State that is independent, that man Judge Gorsuch is—a man of integ- tinuing now under a new Republican takes great pride in its libertarian rity, a man of strong independence; in administration in 2017. So we really streak, its love of the outdoors, rec- other words, exactly the kind of person have come full circle to restore the sta- reational opportunities, understanding you would want to serve on the Su- tus quo before 2001, when our Demo- agriculture, energy. It is a State that preme Court. cratic friends started down this path. really does have it all. From the East- They even claimed that Judge President Trump has, by all ac- ern Plains to the Western Slope, there Gorsuch went out of his way to side counts, selected a judge with impec- is great beauty in our State. with the big guy against the little guy, cable qualifications and the highest in- Neil Gorsuch understands that. He ignoring the fact that during his 10 tegrity. Not one of our Democratic col- served on a court, the Tenth Circuit years on the Tenth Circuit Court of Ap- leagues has been able to offer a con- Court, that is housed in Denver and peals, where these judges sit on multi- vincing argument against him, and represents 20 percent of the landmass judge panels, he was part of the major- that is why several of our Democratic of our State. Judge Gorsuch’s family, ity decision 99 percent of the time, and colleagues have crossed the aisle to as I mentioned, really does show the 97 percent of those cases were unani- support his nomination, and I thank grit and determination of those who mous in multi-judge panel decisions on them for that. I think more would join built the West. His grandfather was the Tenth Circuit Court of Appeals— if they didn’t fear retribution from the someone who worked in Union Station, hardly radical. It actually is a remark- radical elements in their own political someone who grew up driving trolleys able record of a consensus-builder, party. back in the time when Denver was a someone who uses his great intellect, So today Republicans in the Chamber trolley town. His other grandfather, of his education, and his training to build are following through on what we said course, was a physician, and both were consensus on a multi-judge court—ex- we would do. We said we would let the experts in their fields. One grandfather actly the kinds of skills that are going American people decide who would se- helped found a law firm, Gorsuch to be so important for him to use on lect the next Supreme Court nominee Kirgis, a very prestigious firm in Den- the Supreme Court of the United and then we would vote to confirm that ver. States. nominee. The American people, on No- But it is Judge Gorsuch’s experience, As I said, ultimately today was the vember 8, selected President Trump. his high qualifications of academics culmination of years of obstruction by President Trump nominated Judge Neil that he brings to the Court, having re- our Democratic colleagues when it Gorsuch. And tomorrow we will con- ceived his degrees from Columbia, Ox- came to judicial nominees. firm that nominee and deliver on that ford, Harvard, as I mentioned pre- When I came to the Senate in 2003, promise. viously—the most important academic the Democratic strategy was well un- I yield the floor. experience being the University of Col- derway to obstruct lower court judicial The PRESIDING OFFICER (Mr. orado, where I think he spent at least nominees from the George W. Bush ad- SASSE). The Senator from Colorado. some time in the summer attending, ministration. Mr. GARDNER. Mr. President, over and also teaching a course as a pro- Later, in 2013, when there was a Dem- the next several hours, we will have fessor at my alma mater, the Univer- ocrat in the White House and it suited the final opportunity to debate the sity of Colorado School of Law. This them to do so, they decided to do away confirmation of Supreme Court Justice has all helped him build what he is with the same tool they used and went nominee Neil Gorsuch. This has been a today; that is, a very mainstream ju- nuclear, lowering the threshold from 60 lengthy process this week, as we have rist, an incredibly exceptional legal to 51 majority vote for circuit court heard from Senators on both sides of mind, one of the brightest jurists this nominees and district court nominees. the aisle who have come to the floor country has to offer, someone who is It took a Gang of 14—7 Democrats and talked about their support or their known as a feeder judge, providing and 7 Republicans—to try to work opposition to Judge Gorsuch’s nomina- clerks to the Supreme Court, and who through the differences back around tion to the Supreme Court. has the respect of the Colorado legal the 2006 timeframe, which resulted in I have had several opportunities over community. half of President George W. Bush’s the past weeks and months to person- I want to talk about some of these nominees to the circuit court getting ally visit and speak with Judge things because I have come to the floor confirmed and half not being con- Gorsuch, whom I have known from Col- multiple times, and I have talked firmed. The standard was adopted by orado, the opportunity to listen to a about his qualifications. I have talked the so-called Gang of 14 that only number of my colleagues address the about the people who know him best,

VerDate Sep 11 2014 00:19 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.306 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2392 CONGRESSIONAL RECORD — SENATE April 6, 2017 not the people in Washington, DC, but Here is another irony. The Adminis- this is a person who has never defended the people who have practiced in front trator of the EPA in 1984 was Neil the little guy. Well, here is somebody of his court in Denver, the people who Gorsuch’s mother, Anne Burford—the who has practiced in front of his court know him personally out in Colorado. Administrator of the EPA. She was the who absolutely believes he focused on Here is what those individuals have first woman to serve as EPA Adminis- the little guy. said. They believe that Judge Gorsuch trator who was the subject of the Chev- So we have a judge who agrees with deserves an up-or-down vote. Bill Rit- ron doctrine. the majority of the court most of the ter, former Democratic Governor for Not only is he willing to stand up to time—99 percent of the time; 97 percent the State of Colorado, believes that the President and the administrative of the time it is a unanimous decision, Judge Gorsuch deserves an up-or-down state of the President, but he is willing and lawyers practicing in front of him vote. Now we will have it. We have in- to overturn a case that was a subject believe that he represents the little voked cloture. We will have a final de- that his own mother was a subject to. guy. We have heard from leading Dem- bate on Friday night and a final vote I have also heard comments from col- ocrat voices in Colorado who support on whether or not he should be con- leagues on the aisle that Judge him. The ABA gave him its highest firmed. Gorsuch is not a mainstream jurist. qualification, rankings, ratings. They People like Steve Farber, the cochair This argument, I think, can be dealt believe it. of the Democratic National Convention with in a couple of ways because there Then the question becomes, What are in 2008 in Colorado, have talked about are some pretty good statistics to re- we looking for in a Justice? Maybe the need to confirm Judge Gorsuch. fute these arguments. that is the biggest argument here. So the debate that we enter now is Ninety-seven. Ninety-seven percent Maybe the argument should be about not one of whether he will have an up- is the number of times in the 2,700 what are we looking for in terms of or-down vote. He is going to have an opinions that he was a part of—97 per- philosophy, ideology? up-or-down vote. But it is whether we cent represents the times that the deci- Well, we have seen his ideology and should confirm him, actually give him sions were unanimous. Judge Gorsuch his philosophy in what he has testified the ‘‘yes’’ vote. did not serve only with conservative- before the Judiciary Committee, what I urge my colleagues on both sides of appointed judges. He didn’t serve with he has stated in the past through the aisle to vote in favor of Judge only Republican nominees. Judge writings. He is someone who is going to Gorsuch’s confirmation. Some of the Gorsuch served with Republican and follow the law. He is someone who is arguments that I have heard over the Democrat nominees, appointments ap- going to take a decision where the law past several weeks on the floor, listen- proved by the Senate. In 97 percent of leads him, not somebody who is going ing to some of the arguments on the the cases, Judge Gorsuch ruled—de- to take an opinion or decision where floor—it is quite interesting to me that cided—in unanimous decisions. his personal beliefs or politics take some of the arguments we hear seem to The other statistic that I think is him. That is the kind of judge we want be at odds with each other. even more revealing, of course, as to on the highest Court. That is the kind Presiding over the Senate yesterday, whether Judge Gorsuch is a main- of Justice we want—someone who is I heard people talk about how they not going to decide a policy preference don’t think Neil Gorsuch will stand up stream judge is 99 percent. Ninety-nine percent is the amount of times that from the bench of the Supreme Court, to the President. They are concerned not somebody who is going to take a that he will not express the kind of Judge Gorsuch ruled with the majority of the court; he made decisions—opin- look at a public opinion poll or some- independence the judiciary commands, one who is going to take a look at a that he will not be someone to stand up ions—with the majority of the court. I heard a comment yesterday from a focus group and make a decision but to the President of the United States. colleague who said that Judge Gorsuch someone who will rule by the law. They often cite some of the comments I have heard colleagues come to the was never intended to be a mainstream or tweets that the President has made floor and talk about their experiences nominee. If Judge Gorsuch was never and then fail to mention the fact, where they were given decisions to intended to be a mainstream nominee, though, that at the very time one of read without being given the law. They do you think we would see a judge be- those tweets was mentioned, ques- were given just the facts of the case. fore us that has support from the 2008 tioning the judiciary, Judge Gorsuch, They said: How would you have decided Democratic National Convention in a meeting with one of our Demo- this case? Then they showed him the cratic colleagues, actually had objec- Chairman? If Judge Gorsuch was never actual ruling, the actual holding in the tions. He said he objected to the state- intended to be mainstream nominee, do case. ments the President had made, express- you think we would have decisions by Some people believe, well, that is not ing his independence, talking about the Democratic Governor of Colorado, the way we would have decided because how what he had heard was demor- former Democratic Governor of Colo- we don’t feel that was a good outcome; alizing—very much showing independ- rado, to demand or ask for an up-or- we don’t feel that was the right policy. ence. down vote? If Judge Gorsuch was never It is not the job of a Justice to put But the second argument you often intended to be a mainstream nominee, their thumb on the scale of policy; it is hear, for those who have decided to op- do you think that the President would the job of a Justice to be a guardian of pose this mainstream jurist, is that have nominated somebody who agreed the Constitution, to defend the Con- they are afraid he won’t show enough 99 percent of the time with his col- stitution, to follow the law and to de- independence from the President, and leagues on the bench, colleagues who cide cases based on the law not on feel- then they say they are concerned about came from appointments given by Re- ings, politics, polls, public opinion. his language as it relates to the Chev- publican Presidents and Democrat We have a judge, nominated for Jus- ron doctrine—whether Judge Gorsuch Presidents? tice, who has said that a judge who is going to be willing to overturn the The arguments over whether Judge agrees with every opinion that they Chevron doctrine. Gorsuch is going to be with the little have issued is probably a bad judge. He I find those two arguments kind of guy or he spends too much time defend- is paraphrasing other judges and Jus- interesting because, on one hand, you ing the big guy—well, let me again go tices throughout our history. It is be- have an argument saying we are afraid back to the people who know Judge cause he knows it is not his job to issue he is not going to stand up to the Gorsuch the best, who have practiced opinions or decisions or to decide a President of the United States, and in front of his court. Here is a state- case based on being a Republican or then, on the other hand, you have an ment from a Denver attorney and Dem- Democrat. It is not his job to decide a argument saying that we are afraid he ocrat on representing underdogs before case based on whether he was nomi- is not going to stand up to the adminis- Judge Gorsuch. This is from the Den- nated by President Trump or President trative state of the President of the ver Post: ‘‘He issued a decision that Obama or President Bush. It is his job United States—because that is what most certainly focused on the little to look at the law, to leave policy deci- the Chevron doctrine does; it gives guy.’’ sions to the legislative branch. That is great deference to the regulatory body, Yet the story from the opposition what we have to do. That is what Judge to the administrative state. here, out of 2,700 cases, is: Oh, my gosh, Gorsuch has said he will do.

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The Delawarean, I grew up in the tradition I, for one, will say I have come over argument that he will not stand up to of Senator Joe Biden, a 36-year veteran time to regret joining my Democratic Trump administration—we know it; he of this body who left its ranks only to colleagues in changing the rules for said in front of our Democratic col- ascend to the Vice Presidency and lower court nominations and confirma- leagues that he would stand up to the spend 8 more years as its Presiding Of- tions in 2013. Of course, I could give an President. ficer. entire speech on the obstruction that He has said that he rejected attacks Since I have had the honor of assum- led us to that point. I could document on the Court. We also know that when ing Senator Biden’s former seat, I have the Republican and Democratic deeds it comes to the Chevron doctrine, committed to following his example of and misdeeds of the last Congress and which seems to be sacred ground now, working across the aisle, through Re- the Congress before that and the dec- that there are these ironic arguments publican and Democratic administra- ade before that. taking place, because you want some- tions, with whoever is willing to roll up As my more seasoned and senior col- one who will stand up to the adminis- their sleeves and get to work for the leagues demonstrated in the Judiciary tration, but then you are concerned American people. I know my colleagues Committee deliberations, those who that he is interested in or concerned share in this foundational commitment have served here longest know best the that we have taken the Chevron def- to serve our constituents and country. record of grievance of Congresses in erence—the doctrine of Chevron def- As I look around at what just hap- decades past. erence too far. pened on this floor, with too little dis- I anticipate that many of my col- Now which is it? Do you want a judge cussion of its lasting consequences and leagues will come to regret the deci- who is going to stand up to the admin- too little visible concern or even emo- sions and actions taken today in this istration or do you want a judge who is tion, I must ask the question: Where Congress and in Congresses ahead. In- not going to stand up to the adminis- are we headed? stead of focusing on that shared regret, I want to work together not to con- tration? It sounds as though the argu- You can’t see it, but around this tinue to tear down the traditions and ments are trying to have it both ways. Chamber are white marble statues, The bottom line is that we know busts of former Presiding Officers, of rules of the Senate but to find ways to Judge Gorsuch to be a person who is former Vice Presidents of the United strengthen and fortify and sustain them. eminently qualified, a mainstream ju- States. They are in the halls outside I worked to try to find a solution to rist who has the respect and admira- this Chamber. They are at the upper get past this moment on the brink. I tion of judges around the country, who level of this Chamber, in the Galleries. All the former Vice Presidents are me- wanted to ensure our next Supreme has the admiration and respect of fel- Court nominee would be the product of low jurists and legal professionals morialized in white marble busts. Former Vice President Adlai Steven- bipartisan consultation and consensus, throughout Colorado, and we know as was safeguarded for years by the po- that he will make this country proud. son, the grandfather of the Illinois Governor who ran for President in the tential of the 60-vote margin. I wanted He is certainly going to make Colorado certainty that the voice of the minor- proud as he receives his confirmation middle of the 20th century—former Vice President Adlai Stevenson, when ity would still be heard when the next to the Nation’s highest Court. vacancies arise. Among many, this ef- I hope, as we spend these hours de- he delivered his farewell address to the Senate on his last day in office as the fort to forge consensus was met with bating, that we can realize this Senate hopelessness or even hostility. should operate in a bipartisan fashion, Presiding Officer of the Senate in 1897, said: Back home, thousands of constitu- that we should confirm judges who are ents called my office, urging a vote clearly mainstream. It must not be forgotten that the rules governing this body are founded deep in against Gorsuch and urging I support I yield the floor. the filibuster. Some even urged me to The PRESIDING OFFICER. The Sen- human experience; that they are the result of centuries of tireless effort . . . to con- stop talking about any sort of deal. In ator from Delaware. serve, to render stable and secure, the rights fact, back home in Delaware, some na- Mr. COONS. Mr. President, today is a and liberties which have been achieved by tional groups ran ads against me when day when many Senators are speaking conflict. there was even a rumor of a hint that about Judge Gorsuch and about the Su- By its rules, the Senate wisely fixes the there might be conversations about preme Court. As I think many know, in limits to its own power. Of those who clamor avoiding this outcome. against the Senate and its mode of proce- the last week, in the Judiciary Com- There were even Senators on both mittee hearings and in other settings, I dure, it may be truly said, ‘‘They know not what they do.’’ sides of the aisle who told me that an have announced that I will vote In this Chamber alone are preserved, with- agreement was impossible. They said against Judge Gorsuch on the final out restraint, two essentials of wise legisla- any agreement is based on trust, and vote tomorrow. I believe I have made tion and of good government—the right of we simply do not trust each other any- my reasons for my opposition clear. I amendment and of debate. more. have thoroughly reviewed and consid- It was exactly that right, those rules Given the events of the last years, ered Judge Gorsuch’s record and where that were assaulted today, but they the disrespect and mistreatment of he fits within American jurisprudence, have been under assault for a long Merrick Garland, the course of the con- and I have no second thoughts about time. firmation of Neil Gorsuch, I can under- my decision. In recent days, I have reached out to stand how there is a raw wound right As I look around at what has just my Republican and Democratic col- now in this Chamber, where each side happened on this Senate floor, I am leagues, trying to see if there was some feels the other has mistreated a good sick with regret. So I rise now to speak way we could reach a reliable con- and honorable and capable nominee for in defense of the Senate. sensus agreement to safeguard these the Supreme Court. The Senate has been hailed by many, institutional values and avoid the Let me say my last point again. Sen- including our nominee to the Supreme events of today and tomorrow. ators on both sides told me we could Court, Judge Gorsuch, as the world’s I told my colleagues that I was not not find a durable compromise because greatest deliberative body. Yet today I ready to end debate on Judge Gorsuch’s we do not trust each other anymore. If think one more blow has been struck nomination until we could chart a we cannot trust each other anymore, at that title and reality. course for the Senate to move forward then are there any big problems facing The late Senator Robert Byrd, who on a bipartisan basis when considering this country which we can address and served in this Chamber for 51 years, future Supreme Court nominations. solve? would famously remind new Senators I think for us to get to any construc- This morning, I gave an address at that ‘‘in war and in peace, [the Senate] tive conversation about moving this the Brookings Institution about the

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I commit to working with a grammar school teacher. don’t know what is. anyone who wants to join me to try to If there are seven voting members, There are many threats to our future strengthen and save the rules and tra- four does equal the majority, but three I could lay out today, but let me sim- ditions of this body and its effective- doesn’t equal zero because the rest still ply emphasize that in the absence of ness as an absolutely essential part of count. trust, this body cannot play its in- the constitutional order for which so As we move forward in the days tended constitutional role, and without many have fought and died. It is what ahead and judge other issues, whether trust, we will not rebuild what is nec- all of our predecessors would have they be partisan issues in terms of reg- essary to sustain this body. wanted. ular debate and general legislation, Everyone likes to point the finger at Mr. President, I yield the floor. whether it be issues over the confirma- the other side as the source of this dis- The PRESIDING OFFICER. The Sen- tion of judges or Secretaries or what- trust. The reality is, there is abundant ator from Georgia. ever it may be, let’s be thoughtful, so blame to go around. THANKING SENATORS AND STAFF that, not as a criticism of the House, Folks like to remember the good old Mr. ISAKSON. Mr. President, I will but as a compliment to our Founding days when Justice Scalia was con- be brief. I also want to make sure I Fathers, we don’t become a second firmed by this body 98 to 0, when Jus- don’t take advantage of the personal House and later a unicameral body, tice Ginsburg was confirmed 96 to 3, privilege I have as a United States Sen- majority rule and mob rule, and even- but if we look at our five most recent ator, but I am going to anyway. tually waive rules, where passions nominees to the Supreme Court who I want Senator COONS from Delaware overrule common sense and all of a got votes, you can see a clear trend: to pause for just a second. sudden you find yourself digging your Nine Senators, all Republican, voted I want to thank every Member of the way out of a hole that you have cre- against Justice Breyer. Then 22 Sen- Senate, Republican and Democrat, and ated, rather than building the dreams ators voted against Justice Roberts. the staff of the Senate for the many you have always wanted to do. Then 42 Senators, mostly Democrats, kindnesses they have extended to me in I commend the leadership of both voted against Justice Alito. For Presi- the last 4 months during my injury and parties for exercising their political dent Obama’s nominees, Justices my recovery. I am on the way back and partisan desires. I commend each Sotomayor and Kagan, more than 30 home, in large measure, because of the Member for being here to take part in Republican Senators opposed each one. support of the Members of the United this debate today and being a part of Only nine Republican Senators voted States Senate. I am very grateful for it. That is what America is all about. for Sotomayor, and only five Repub- that and the staff who have allowed Somewhere down the line, there is licans voted for Justice Kagan. We that to take place. I say thank you going to be something that is going to have been on this trajectory—both par- very much. happen that is going to cause a res- ties—for some time. Notwithstanding what your politics urrection of the debate that we have Then, of course, we have Chief Judge are or what your partisanship is or had today and another road to cross on Merrick Garland, the first Supreme anything else, this is a great institu- which way we go in the future. The Court nominee in American history to tion and a great body because it is more we move away from a Senate that be denied a hearing and a vote, and we made up of great people. is a deliberative body, that is a dig- have Judge Gorsuch, the first to be the To that end, my friend Senator nified body, to a body that makes sure object of a partisan filibuster on this COONS from Delaware made an excel- it knows where it is going before it floor. lent speech, which I am going to adopt moves forward, we won’t be better off. We did not get here overnight. We as my speech, since I don’t have the If we move toward a body that is a have become increasingly polarized. strength to stand as long as I would rubberstamp of the House or a unicam- How can we work together to repair like to, to talk about an issue so im- eral government of legislation, we will this lack of trust so we can face the portant. We do need to open all our never be the United States of America very real challenges that face our Na- minds and our hearts in the days ahead our Founding Fathers intended us to tion? to make sure we know what direction be. That is what I believe, and that is My own attempts of recent days—al- we are going as Members of the Senate, what I think the end of this will be. though I was blessed to be joined by regardless of our party and notwith- To all our Members, I compliment Senators of good will and good faith standing our partisanship. them on everything they have had to and great skill in both parties—were Neil Gorsuch, from everything I have say and have done. ultimately not successful. I wish I had seen—and I probably have seen more Judge Gorsuch, I am so proud to have engaged sooner and more forcefully. I than anybody because I have been someone like that who will hopefully wish I had been clearer with my col- watching it on TV while I have been reserve on the bench of the U.S. Supreme leagues how determined I was to seek a covering. You guys have had to do it in Court with distinction. result, but this doesn’t mean I am dis- debate. I have seen the real thing. To all of us, our job is not finished. I appointed that I tried, and it also His record, his testimony, the way he look forward to being here and being a doesn’t mean I am going to stop. I am presented himself, the way Senator part of it. not going to stop trying to fix the dam- GRASSLEY and Senator FEINSTEIN al- I yield the floor. age that has been done, trying to find lowed that hearing to go forth, I know The PRESIDING OFFICER. The Sen- a better pathway forward. we have a good man as a nominee to be ator from Rhode Island. I ask my colleagues: If you know a Supreme Court Justice of the United Mr. WHITEHOUSE. Mr. President, I what you have done today, then what States, but the issues and the divide on thank the Senator for yielding to me. I will we do tomorrow? How could we the cloture, on a simple majority, and wish to say how nice it is to see the avoid the further deepening, corrosive the rule change of 2013, and what has Senator from Georgia back here with partisanship in this body? What past happened in the past, now has us in a us. It means a lot to all of us to have mistakes can each of us own up to? position where we slowly but surely are Senator ISAKSON back on the Senate What steps can we take to mend these moving to be a body that is another floor. old wounds? What more can we do to House of Representatives, not the The PRESIDING OFFICER. The Sen- move forward together? United States Senate. ator from Oregon. We sometimes talk about the dys- The majority rule is a great philos- Mr. WYDEN. Mr. President, I don’t function of this body as if it is external ophy. The majority winning is always a wish to turn this into a bouquet-toss- to us, as if we bear no accountability great philosophy, but I used to have a ing process, but I think it is very clear for it, but at the end of the day, here teacher who taught me. She said: If that Senators on both sides of the aisle we are: 100 men and women sent to rep- four equals the majority, three equals are very, very pleased to see our friend

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In a I am also pleased that Senator COONS Constitution.’’ The exact concept is unanimous decision, the Court took is on the floor, because I think it would written into the Bill of Rights itself. the absurd position that a document be fair to say that Members on both The Ninth Amendment says: ‘‘The enu- predicated on voting, organized by vot- sides of the aisle who have watched meration in the Constitution, of cer- ing, and dependent on voting for any how Senator COONS has conducted him- tain rights, shall not be construed to amendment, still did not protect the self throughout this extraordinarily deny or disparage others retained by right to vote for all citizens. Such is contentious debate would say that Sen- the people.’’ the intellectual bankruptcy of a long ator COONS makes all of us very, very James Madison, the founder so sig- legal tradition sustained by its defense proud. nificant that Americans are said to live of the status quo. It is no secret that he has tried rein a ‘‘Madisonian Democracy,’’ was The 19th Amendment was a response peatedly to bring both sides together, outspoken about the dangers of future to the abridgement of a fundamental and he and I have talked often about readers or interpreters thinking that right by political parties and their de- this. I think there are going to be op- the fundamental rights contemplated pendent courts, but it did not create a portunities for finding common ground by the Framers were limited to the new right. It was a long overdue fix on important legislation, breaking out Constitution or Bill of Rights. made necessary by an originalist court. of this gridlock that we all understand So our founding document and its If there is a national evolution that is not what the Senate is all about and Framers made clear that rights were extends protection of rights and lib- forging toward more mainstream top- not enumerated by the Constitution; erties to disenfranchised and oppressed ics. When we get there, to a great ex- they were retained by the people. Indi- people, it is because with time, our tent, it will be because of the thought- vidual liberties, from personal privacy wonderful country tends to correct its ful comments of my friend from Dela- to a woman’s right to vote, the choice wrongs. It did so with a Civil War and ware. of contraception and abortion, inter- the amendments that followed. It did Mr. President, the Senate is going to racial marriage, same-sex marriage, so with women’s suffrage and the act on one of its most sacred and im- equal protection of the law—these lib- Brown decision. It did so more recently portant constitutional duties, the ad- erties and, let me emphasize, many, with the Obergefell v. Hodges decision. vice and consent on the nomination of many, many more have always existed. Historically, our country has gradually the next Associate Justice of the Su- In fact, the Constitution and the Bill of recognized fundamental rights and lib- preme Court. Rights were silent on much of what erties. The long tails of these Supreme Americans consider fundamental to a ‘‘Recognition’’—I use that word in- Court debates stretch through genera- free people. That silence left the door tentionally. It is recognition because tions and shape our government deep open for the courts, as we shed the there are no new rights, per se. They into the future. The choice the Senate prejudices of a darker age, to recognize are inalienable, and those rights are makes in this extraordinary debate the true meaning of the words ‘‘all men not limited to those spelled out in the will have a profound impact, from the are created equal’’ and ‘‘inalienable Constitution. A jurist governed by that broadest governing statutes down to rights.’’ principle would respect individual the most specific particulars of the law The process has been painfully slow. rights, but that simply isn’t the view- that affect our daily lives. The Constitution, like any document point taken by many so-called There are several issues that are par- composed by politicians, is fraught originalists on the far right today. ticularly relevant to this nominee that with original sin. For example, the The rightwing originalism looks, in have gotten short shrift. I am talking three-fifths compromise was a shame- my view, a lot more like the judicial about secret law, and warrantless wire- ful device of political accommodation. philosophy that trampled on the rights tapping, death with dignity. I intend to Through long stretches of our history, of Americans in days past—a philos- discuss these issues shortly. political agendas have left many indi- ophy that throughout our history has I would like to begin, however, by vidual rights unrecognized or unpro- left many Americans marginalized, dis- stating that whether one supports or tected by the courts. They ruled in enfranchised, and oppressed by the opposes Judge Gorsuch, our job would favor of the powerful and against the State. have been easier had the judge been disadvantaged and the disenfranchised, Unfortunately, after listening very more forthcoming in his testimony be- often with the justification that their carefully to Judge Gorsuch present his fore the Judiciary Committee. He rulings adhered to the text of the Con- views and after reviewing his writings, chose, however, not to do so. So what stitution. including some I will mention that spe- the Senate has to go by instead is the Nowhere did the Constitution ex- cifically talk about my home State, I judge’s lengthy record of adhering to a pressly deny women the right to vote, have no faith that Judge Gorsuch rigid and far-right philosophy that is but the Supreme Court ruled against would be any different from this philos- packaged in the branding of so-called Virginia Minor in 1875. The Federal ophy that I mentioned that has left so originalism. Government was not expressly granted many Americans marginalized in our The originalist says that our rights a right to intern residents of Japanese country. as a people are contained within and descent, but the Supreme Court al- Judge Gorsuch not only has a long linked to our founding documents. But lowed it in Korematsu. There was no record of conservative activism in the that viewpoint is plainly incorrect. In constitutional basis on which to deny courtroom, but he has demonstrated an practice, originalism becomes a cover people of different ethnicities the right out-and-out hostility toward the right for protecting the fortunate over the to marry. On those issues and more, of individuals to make decisions about poor, corporations over individuals, our judges were wrong. Supreme Court their own lives and their own families and the powerful over virtually every Justices were wrong. In the service of without interference from the State. In other American. It is a political agenda the economic, political, and religious one troubling instance, he went so far that masquerades as philosophy, an powers that be, the Court has defended as to author a book attacking death agenda whose sole intent is reserving slaveholders, denied the franchise, per- with dignity. This of course has been a power for those in power and limiting mitted racial, sexual, and other dis- matter that historically has been left the recognition of the rights reserved crimination, and routinely—rou- to the States, and the people of my to the people. tinely—elevated the power of the State State twice approved death-with-dig- Far from endorsing such a creed, our over individual liberties. Any defense nity ballot measures and our death- Constitution is actually a document of of those rulings as adhering to the text with-dignity laws have been in place constraints, constraints that bind the of the Constitution is just plain wrong. for nearly 20 years. The Supreme Court government, not the people. The full Let’s look more closely at women’s upheld it more than a decade ago in a scope of our fundamental rights as a voting rights. In Minor v. Happersett, case known as Gonzalez v. Oregon. But

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.311 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2396 CONGRESSIONAL RECORD — SENATE April 6, 2017 Judge Gorsuch’s record and his own ings. It is something that, I think, a Then our distinguished colleague words put the will of millions of Orego- lot of Americans and even those in gov- from Arizona, Senator MCCAIN, who nians in question. ernment are trying to get their arms knows a little bit about these issues in Nothing in the Constitution gives the around. I have been on the Intelligence his having been subjected to them in Federal Government the power to deny Committee since the days before 9/11, the defense of our country, passed the suffering Oregonians the right to make and one of the things we have come to Detainee Treatment Act. Senator basic choices about the end of their feel strongly about is the danger of MCCAIN understood, in having fought lives. There is nothing in the Constitu- what I call ‘‘secret law.’’ I want to for our country—given fully of him- tion that gives the Federal Govern- make sure people know exactly what I self—that our government had to find a ment a power to deny people in my am talking about when I describe ‘‘se- way out of this problem. The McCain State the right to make those emo- cret law.’’ law prohibits the cruel and inhumane tional, difficult, wrenching decisions In the intelligence world and in the or degrading treatment that has been about end of life. It is a private matter national security sphere, operations at issue here. between individuals and doctors, and and methods—the tactics used by our By any measure, both the law—the when politicians attempt to force regu- courageous men and women who are language of the law, the clear intent of lations through the back door by going protecting us and who go into harm’s the Congress—and the context in which after doctors and their ability to pre- way to protect our people—always have it was passed would leave every Amer- scribe, in my view that is an obvious to be secret. They are classified. They ican to understand that a decision had over-the-line Federal infringement. have to be because, if they were to get been made by their elected officials to But my guess is there are probably out, we could have Americans die—the limit the power of government. Yet going to be some folks on the far right people who do all of that wonderful Judge Gorsuch, then an employee of that are going to try that route again. work and, possibly, millions more. the Bush administration’s, had a solu- Nothing Judge Gorsuch said in his Sources and methods have to be secret, tion. confirmation hearing gave me any in- but the law and our public policies In December of 2005, he wrote to the dication that he respects the death- ought to always be transparent. author of the Justice Department’s The American people need to know with-dignity issue as settled law or opinion, Mr. Bradbury, about a Presi- about them because that is how we that he would rule against Federal dential signing statement that would make informed decisions in our won- abuse of power to intrude on a private magically transform the McCain law derful system of government. Voters choice. The bottom line is that Judge into an endorsement of torture. What are given enough information to make Gorsuch is locked into an extreme Judge Gorsuch wrote was that the the choices. Sources and methods and McCain amendment that prohibited rightwing viewpoint on this issue. operations have to be secret, but the And there is more. As I have listened cruel, inhumane, and degrading treat- law and political philosophies have to to this debate and, particularly, the be public. ment was best read as, essentially, number of comments that some of Judge Gorsuch, as a senior attorney codifying existing interrogation poli- those who have espoused the views that in the Department of Justice, was a cies. In other words, according to concern me so much come back to, part practitioner of secret law. As I indi- Judge Gorsuch, JOHN MCCAIN’s law— of this is that they are always talking cated, the public is not going to know the one that passed 90 to 9 in the U.S. about States’ rights. States’ rights— about secret operations; we protect Senate—endorsed torture when it did that will be the altar that we really them. But trust in government and in just the opposite. build our views and philosophies our legal system cannot survive when The issue came up in his nomination around. I will state, however, that Americans understand that the law hearing. Judge Gorsuch’s explanation when we listen to some of what they says one thing and then the govern- was that he was making the rec- are having to say about States’ rights, ment or a secret court says that it ommendation as a lawyer who was what they are really saying is that means another. Secret law prevents the helping his client, which was the ad- they are for the State if they think the people from knowing whether their ministration. I have to say, if there is State is right. That is not, in my view, fundamental rights are being infringed one thing we have learned, this ‘‘just what fundamental rights—particularly, by an unaccountable, unconstrained following orders’’ defense has gone on ones that have been afforded to government that is aided by compliant for far too long in this city. It is a States—ought to be all about. courts. small and feeble excuse and is unbe- As I indicated, I think his views with Secret law also keeps the Congress in coming of a judge who has been nomi- respect to death with dignity really do the dark. Congress’s job is to represent nated to the highest Court in the land. involve a Federal abuse of power in its the people and oversee the government. A judge who justifies government vio- intruding on private choices, but there Congress, barring rebellion, is the only lations in the law and the Constitution are other issues that concern me as recourse of a free people against an ex- just so his boss can say ‘‘I was fol- well. ecutive-judicial alliance of secrecy lowing the advice of counsel’’ is mak- He has made it clear, in many in- that infringes their liberties. It is my ing a choice to do wrong. stances, that he favors corporations at view that secret law makes a mockery The McCain amendment—what we the expense of the working people. He of the oath that Members of Congress, passed here in the Congress—did not has sided with insurance companies to Justices, and each Senator here has green-light torture. It did not codify deny disability benefits to people with taken to serve, protect, and defend our torture, period. Anybody who has ever disabilities, with large companies to Constitution. Secret law is fundamen- heard JOHN MCCAIN talk about this deny employees basic job protections, tally corrosive to the rule of law in issue and describe his personal, horri- and has even written that class action America. fying experiences with torture knows lawsuits are just tools for plaintiffs to As we learned during his confirma- that it, certainly, could not have been get ‘‘free rides to fast riches.’’ tion hearings, Judge Gorsuch was a his intent when writing the bill. No example better illustrates this supporter of secret law. In 2005, the CIA Any lawyer, especially one secretly tendency—and my colleagues have was conducting a secret torture pro- advising the government, first has an talked about it—than the case of the gram. In May of that year, the Depart- obligation to the law and the Constitu- truckdriver in TransAm Trucking v. ment of Justice’s Office of Legal Coun- tion. Judge Gorsuch’s failure to recog- Department of Labor. In this case that sel determined, secretly, that torture nize that principle and his choice to do leaves one practically speechless, techniques, such as waterboarding, wrong, in my view, disqualifies him Judge Gorsuch sided against a truck- were legal. Somehow, it deemed them from having a seat on the U.S. Su- driver who was fired for leaving his consistent with statutory prohibitions preme Court. freezing cold truck when his life was in on torture and the Constitution. This Torture is not the only illegal pro- danger. was extraordinary, willful, faulty legal gram on which Judge Gorsuch has left I have another significant concern analysis. It was entirely inconsistent his fingerprints. After news broke of about Judge Gorsuch that came up in with how the Congress and the public the illegal, warrantless wiretapping the context of his confirmation hear- would read the law or the Constitution. program, Judge Gorsuch helped prepare

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.312 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2397 testimony for the Attorney General, The bottom line for me, colleagues, is Montana. He will defend the Second which asserted that these authorities whether Judge Gorsuch recognizes that Amendment. We also talked about the are vested in the President and are in- rights are reserved for the people. separation of powers, the role of gov- herent in the office. There is no respect for individual ernment and federalism, and the It added: ‘‘They cannot be diminished rights and liberty to be found in a Fourth Amendment. or legislated away by other co-equal viewpoint that allows for secret law to Through 4 full days of hearings, branches of the government.’’ justify torture, that favors the power- Judge Gorsuch eloquently answered If that were the case, then no action ful over the powerless, or that tramples Judiciary Committee members’ ques- taken in this area by the elected rep- on the rights of Americans to deter- tions, and certainly, before the entire resentatives of the people would have mine the courses of their own lives. viewing audience of the American peo- any weight. The Foreign Intelligence Unfortunately, we have learned over ple, he showcased his brilliant legal Surveillance Act, which has existed the last few weeks that this is Judge mind. since the 1970s, would just be some Gorsuch’s record. Prior to his hearing, he met with 80 kind of advisory statement. Section 702 I oppose his nomination. I urge my Senators. He provided the Judiciary of the Foreign Intelligence Surveil- colleagues to do the same. Committee with 70 pages of written an- lance Act, which we are going to de- I yield the floor. swers regarding his personal record and bate this year, would be little more The PRESIDING OFFICER (Mr. over 75,000 pages of documents, includ- than wasted paper. Then the USA PERDUE). The Senator from Montana. ing speeches, case briefs, opinions, and FREEDOM Act, which ended the bulk Mr. DAINES. Mr. President, one of written works going as far back as his collection of law-abiding Americans’ the most consequential votes that I college days. The White House archives phone records, might as well have will ever cast is a vote to confirm a produced over 180 pages of email and never been signed into law. U.S. Supreme Court nominee. It is a paper records related to Judge Voting for those bills and voting to lifetime appointment to our Nation’s Gorsuch’s time at the Department of confirm Judge Gorsuch call into ques- highest Court. In fact, tomorrow, when Justice. tion any Member’s commitment to I cast that vote for Judge Gorsuch, it During the committee hearing, Judge those laws that we passed. will be the first chance I have had as a Gorsuch sat for three rounds of ques- In response to a question during his Senator to confirm a Supreme Court tioning totaling nearly 20 hours. In nomination hearing, Judge Gorsuch nominee. fact, when Judge Gorsuch appeared be- said that he did not believe the Attor- As it stands today, the U.S. Senate is fore the Judiciary Committee of the ney General’s testimony and that, on the precipice of confirming Neil U.S. Senate, it was the longest hearing again, he was only acting as a scribe, Gorsuch to be our next U.S. Supreme of any nominee in this century. He an- as a speechwriter. As such, he absolved Court Associate Justice. Just a few swered nearly 1,200 questions during himself of responsibility for his ac- short hours ago, my colleagues on the that hearing. By the way, that is near- tions. Again, I think that it is just other side caved to the pressures of the ly twice as many questions as Justices wrong to use this as an excuse. Like far left and unleashed an unprece- Sotomayor, Kagan, or Ginsburg. the endorsement of torture, assertions dented, partisan filibuster for the first Today’s vote was nothing more than of Presidential authority to override time in 238 years of this institution. a campaign fundraising effort for Sen- congressional limits on warrantless I was honored to be at the White ate Democrats. In fact, the Democratic surveillance rip at the fabric of the House’s East Wing on January 31, with Members who have pledged to support rule of law. Judge Gorsuch, a man who President Trump, when he made the him already have threats from liberals chose to get up and go to work every announcement that Judge Neil of voting them out of office. It is a sad day for individuals who were violating Gorsuch would be the nominee to re- day that this body has become so par- the law, had the power to say no, but place Antonin Scalia. tisan that, for the first time in this he would not make that choice. Judge Gorsuch’s academic accom- body’s history, we had a partisan fili- Colleagues, the Senate is voting to plishments are nothing short of being buster to a more than qualified nomi- confirm an individual to a lifetime po- absolutely stellar. His decision to serve nee. sition on the Supreme Court. What as a Justice on the highest Court in the Judge John Kane, a judge appointed Judge Gorsuch has stood for and land is a true testament to his char- by Democrat Jimmy Carter, said in an against over the course of his legal ca- acter, his intelligence, his under- op-ed for an online legal website: reer is all we have to go on in this de- standing of the law, and his commit- As the saying goes, we could do worse. I’m bate, and we will have to reflect on it. ment to the Constitution. not sure we could expect better, or that bet- A history of support, in my view, for Judge Gorsuch was appointed by ter presently exists. secret, illegal, and unconstitutional President George W. Bush to the Tenth There is just no arguing that Judge programs is an unacceptable record for Circuit in 2006 and was unanimously Gorsuch a mainstream nominee. someone who is seeking a place on the confirmed by the U.S. Senate. In fact, Take the remarks of Obama’s Solic- Supreme Court. some of those Democrats who did not itor General, Neal Katyal: I have reminded this Senate of how, oppose Judge Gorsuch then included Judge Gorsuch is one of the most thought- time and again, the Supreme Court has his Harvard Law classmate Barack ful and brilliant judges to have served our rubber-stamped the excesses of our ex- Obama, Vice President Joe Biden, and nation over the last century. As a judge, he has always put aside his personal views to ecutive and legislature over the years Minority Leader CHUCK SCHUMER. serve the rule of law. To boot, as those of us rather than defended individual lib- Of utmost importance in a Justice is who have worked with him can attest, he is erty. That is the record—the Supreme the desire and the ability to apply the a wonderfully decent and humane person. I Court rubbing-stamping the excesses of law as it is intended, not to legislate strongly support his nomination to the Su- the executive and legislature rather from the bench. So I can say that I was preme Court. than protecting the individual liberties very thrilled to here Judge Gorsuch I remind my colleagues that those of the American people. say this: ‘‘A judge who likes every out- are the words of President Obama’s So- It is my view that it is our job as come he reaches is very likely a bad licitor General. Senators to ensure that the Supreme judge, stretching for results he prefers A nominee of this caliber who has un- Court does not repeat the errors of yes- rather than those the law demands.’’ dergone, as I just mentioned, rigorous terday—enshrining disenfranchisement On February 9, I met Judge Gorsuch vetting deserves the respect of the and discrimination and denying equal in my office. Let me tell my col- Members of this Chamber. Yet Senate protection of the law based on preju- leagues, he is impressive. We discussed Democrats walked down the road that dice and political agendas. I believe the Constitution. We discussed the Sec- their former leader did in 2013 by that the only way to prevent this abuse ond Amendment. I represent the State changing the precedent of this body is to appoint judges who recognize that of Montana. I can tell my colleagues and allowing the U.S. Senate to be- the judiciary is a bulwark against any that as we look at our Constitution and come even more partisan. attempt to infringe on our unalienable our Bill of Rights, the Second Amend- The American people want Judge rights. ment is very important to the people of Gorsuch. The polls show that. In fact,

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.313 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2398 CONGRESSIONAL RECORD — SENATE April 6, 2017 they demanded nine Justices on the ally came to the floor and tried to nominees to appellate courts. That was Court. Today, we are one step closer to argue that he was worried that Judge a massive reversal in Senate history. confirming him. Gorsuch would not be ‘‘a mainstream Suddenly the normally smooth process Judge Gorsuch is the right replace- justice.’’ of confirming a President’s judicial ment to honor the legacy of Justice Over the course of 2,700 cases on the nominee had been turned into an exer- Antonin Scalia. He has widespread sup- Tenth Circuit, Judge Gorsuch has been cise in partisanship. port across the State of Montana, in- in the majority 99 percent of the time— Ten years later, Democrats struck cluding our agriculture groups, the 99 percent. In 97 percent of those 2,700 again when they employed the nuclear NRA, and leaders from across our cases, the opinions were unanimous. So option to ensure that they could pack State. Four Indian Tribes in Montana I would love to hear an explanation for the DC Circuit—despite the fact that at have endorsed Judge Gorsuch. how exactly a judge who has been in the time, when the current minority The American people deserve a Su- the majority 99 percent of the time is leader announced that Democrats preme Court Justice who will uphold out of the judicial mainstream. Was would ‘‘fill up the D.C. Circuit one way the rule of law and follow the Constitu- the minority leader attempting to or the other,’’ Republicans had blocked tion. The American people deserve a argue that all of the judges on the just two of President Obama’s circuit Supreme Court Justice who doesn’t Tenth Circuit, including those ap- nominees and had confirmed 99 percent legislate from the bench. The Amer- pointed by Democratic Presidents, are of his judges. So 215 were confirmed out ican people deserve Judge Gorsuch to out of the mainstream? of 217 under President Obama up to serve them on the U.S. Supreme Court. The fact is that Democratic opposi- that point. As the American people watched tion to Judge Gorsuch had nothing to And now here we are today. Demo- Judge Gorsuch before the Judiciary do with his qualifications. I doubt that crats are again mad that they lost an Committee, they saw an exceptionally any of my colleagues on the other side election, that they can’t control the qualified nominee for the highest Court of the aisle really think that Judge nomination process, and they once in the land. They saw someone who is Gorsuch is out of the mainstream or again turned to ‘‘no-holds-barred’’ par- bright—Columbia undergraduate, Har- that he lacks the qualifications of a tisanship. They made it clear that no vard Law School, Oxford Ph.D. I would Supreme Court Justice, but they op- Republican nominee would ever make submit that Judge Gorsuch’s intellec- posed him anyway. it to the Supreme Court; thus, we had If they opposed a judge with a distin- tual capacities are only exceeded by to act to ensure that Supreme Court guished resume and a reputation as a the size of his heart. This is a kind nominees can receive an up-or-down brilliant jurist; if they opposed a judge man. This is a brilliant man. This is an vote going forward. who is known for his fairness and im- independent jurist. In the Senate’s nearly 230 years, the partiality; if they opposed a judge I very much look forward to casting filibuster has been used to block a Su- whose nomination has been repeatedly my vote tomorrow to confirm Judge preme Court nominee exactly once— supported by liberals, as well as con- Gorsuch. one time. Supreme Court Justice Abe servatives; if they opposed a judge who The PRESIDING OFFICER. The Sen- Fortas’s nomination to be Chief Jus- unanimously received the highest pos- ator from South Dakota. tice of the Supreme Court was blocked Mr. THUNE. Mr. President, today we sible rating from the American Bar As- by a bipartisan coalition, in part over sociation—a rating, I might add, that are one step closer to a vote to confirm ethical concerns. That is how strong the minority leader once called the Judge Gorsuch to the Supreme Court. I the Senate’s bipartisan tradition of an ‘‘gold standard’’ for judicial nominees; look forward to the vote tomorrow. We up-or-down vote on Supreme Court if they opposed a judge a number of will be confirming a Justice to the Su- nominees has been—230 years, one them supported 10 years ago, then it is preme Court who is supremely quali- time, and it was bipartisan. I am deep- abundantly clear that their opposition fied, who is a mainstream judge, who ly sorry that the Democrats were de- wasn’t about this judge but about any respects the rule of law and the Con- termined to end that tradition. judge this President nominates. Thus, stitution, and who will rule impartially Judge Gorsuch should never have Republicans were left with no real al- from the bench—someone who will call faced the threat of a filibuster. There ternative but to act to preserve the was no reason—no reason other than balls and strikes. That is what I believe Senate’s tradition of giving Supreme the American people look for when the most flagrant partisan politics—to Court nominees an up-or-down vote. block this supremely qualified nominee they look for a Supreme Court Justice. This wasn’t my preference. I preferred While it was always clear that some from the Supreme Court. to leave room for a minority to block a Democrats would oppose any Supreme As I said, I look forward to tomorrow judge who is truly not fit for office. and to this final vote where we will Court candidate the President nomi- But it was the only alternative we were nated, I had hoped that partisanship have an opportunity to confirm to the left with if we wanted to confirm any- Supreme Court this well-qualified, would be at least somewhat limited. I one to the Supreme Court. had hoped the Democrats would want mainstream nominee who fundamen- Historically, confirming judges was tally respects the rule of law and the to preserve the Senate’s nearly 230- not a partisan process. During the year tradition in confirming Supreme Constitution of the United States and George W. Bush administration, how- will act impartially as a Justice for the Court Justices by a simple-majority ever, Democrats decided they were vote. And I had hoped that more than American people. going to change that. They were mad Mr. President, I yield the floor. a handful of Democrats would join us back then too—mad that a Republican I suggest the absence of a quorum. to confirm one of the most, as I said, President was in charge. Apparently, The PRESIDING OFFICER. The supremely qualified judges in my mem- modern-day Democrats are not rec- clerk will call the roll. ory. That is not what happened. De- onciled to the fact that in our system The bill clerk proceeded to call the spite Judge Gorsuch’s qualifications, of government, it is not always the roll. despite the support for his nomination Democrats who win. Mr. SHELBY. Mr. President, I ask from both liberals and conservatives, Anyway, the Democrats were mad, unanimous consent that the order for the vast majority of Senate Democrats and they decided that the historically the quorum call be rescinded. were determined to block this con- bipartisan process of confirming judi- The PRESIDING OFFICER. Without firmation. cial nominees was going to change. objection, it is so ordered. Of course, it wasn’t really ever about Their 2003 filibuster of Miguel Estrada, Mr. SHELBY. Mr. President, I wish Judge Gorsuch. It is not that Demo- who had been nominated to a seat on to address the Senate for a few minutes crats were determined to block his con- the Court of Appeals for the DC Cir- about the nomination of Judge Neil firmation; it is that they were deter- cuit, was the first time a judicial nomi- Gorsuch, which is the topic of the day mined to block any confirmation. nee who enjoyed clear majority support and has been the topic for weeks. It Democrats tried to offer reasons to was not confirmed because of a fili- probably has been said, but I am going oppose Judge Gorsuch, but they strug- buster. to go through some of it again. gled to come up with anything plau- Democrats ultimately successfully Judge Gorsuch is a native of Denver, sible. The Senate minority leader actu- filibustered no fewer than 10 Bush CO, where he currently resides with his

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.315 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2399 wife Louise and their two daughters. ABA as the ‘‘gold standard by which ju- I could not help but notice a number of He is currently 49 years old. dicial candidates are judged.’’ my colleagues on the other side of the I want to talk about some of his cre- In the area of jurisprudence, Judge aisle high-fiving each other. That dentials. Judge Gorsuch received his Gorsuch has a mainstream judicial phi- image stays with me as I stand here bachelor of arts degree from Columbia losophy, which he clearly articulated now. It saddens me. There is no cause University in 1988, his juris doctor from during the Senate Judiciary’s con- for celebration in what happened in the Harvard Law School in 1991, and a doc- firmation hearing. Senate just hours ago. No one should torate in legal philosophy from Oxford I believe his record is unequivocal in sleep well tonight. No one should un- University in the UK in 2004. that he believes judicial decisions derestimate the magnitude of what At Columbia, he was a member of Phi should be based on the law and the happened here. Damage was done to Beta Kappa, a Truman scholar at Har- Constitution and not personal policy our democracy, in fact, to the institu- vard Law School, and a Marshall schol- preferences. He has a deep commitment tions that are the pillars of our democ- ar at Oxford. to the Constitution and its protections racy—the United States Supreme Following law school, Judge Gorsuch established by our Founding Fathers, Court and the Senate itself. served as a law clerk to Federal appel- including the separation of powers, fed- Today is, indeed, one of my saddest late judge David Sentelle and then to eralism, and the Bill of Rights. Judge days in the Senate. Sadder than any- Justice Byron White of the U.S. Su- Gorsuch’s decisions demonstrate that thing is the damage that has been preme Court and Associate Justice An- he consistently applies the law as it is caused to the Supreme Court by erod- thony M. Kennedy of the Supreme written, fairly and equally to all indi- ing and undermining trust and respect Court. viduals. for an institution that has power only In 1995, Judge Gorsuch entered pri- Additional information about Judge because of its credibility with the vate practice as an associate of Kel- Gorsuch: The American people deserve American people. It has no armies or logg, Huber, Hansen, Todd, Evans & to have their voices heard in selecting police force; all it really has is the con- Figel, and he was elected partner in Justice Scalia’s replacement. This is fidence and respect of the American that law firm in 1998. His practice fo- what we are doing. people. cused on general litigation in both Some of my colleagues intend to op- Today, raw political power has been trial and appellate matters. pose Judge Gorsuch based solely on the exercised to break the rules and norms Judge Gorsuch left private practice fact that they disagree with the out- of this body so that a nominee could be in 2005 to serve as the Principal Deputy come of the Presidential election. confirmed. The only way that he could to the Associate Attorney General at During President Trump’s campaign be confirmed was, in fact, to wreck the the Justice Department in Washington. last year, he clearly defined the type of rules, a nuclear option that will have President George W. Bush nominated Justice he wished to nominate to the enduring fallout and rippling repercus- Judge Gorsuch to the Tenth Circuit current vacancy. He even published, as sions, perhaps for years come. Court of Appeals, located in Denver, on you will recall, a list of 21 judges who For myself, I would state unequivo- May 10, 2006. He was confirmed in the possessed what he believed are the nec- cally that I hope we will work together Senate by a voice vote on July 20, 2006. essary qualifications to serve on the on issues where we have common We talk about qualifications for U.S. Supreme Court. ground, where we can reach common judges. I want to share some of his. Following Judge Gorsuch’s nomina- solutions on infrastructure, on tax re- Judge Gorsuch has served over a dec- tion, he sat for over 20 hours of ques- form, on immigration issues. ade on the U.S. Court of Appeals for tioning in front of the Senate Judici- No one should make light of the po- the Tenth Circuit. He has an out- ary Committee in the Senate—the tential fallout, as there is in any nu- standing judicial record that speaks for longest hearing of any 21st-century clear explosion, from this action today. itself. He has participated in over 2,700 nominee. Additionally, he was given The Senate has broken with decades appeals on the Tenth Circuit, and 97 299 questions for the record by my col- of bipartisan practice when it comes to percent of them have been unani- leagues on the other side of the aisle. the U.S. Supreme Court. The practice mously decided. In those cases, he was This also is the most in recent Su- and the tradition was that Presidents in the majority 99 percent of the time. preme Court confirmation history. of either party would consult with Of the approximately 800 opinions he Simply put, I believe this is the most Members of both parties in this body authored on the Tenth Circuit, 98 per- open and transparent process in choos- before making a nomination so as to cent of his opinions were unanimous, ing a Supreme Court nominee ever con- ensure a mainstream nominee, and even on a circuit where 7 out of the 12 ducted by an administration. By fili- that nominee would be in the main- active judges were appointed by Demo- bustering this nomination, some of my stream even before his or her selection cratic Presidents. His opinions on the colleagues are breaking a nearly 230- so that there was some modicum of Tenth Circuit have the lowest rate of year tradition of approving Supreme comity and so that respect for this dissenting judges at 1.5 percent. That is Court nominees by a simple-majority body, as well as the courts, would be unheard of. Out of the eight cases he vote. preserved. has decided that were reviewed by the I believe the American people spoke My concern is that the contagion of U.S. Supreme Court, seven were af- clearly when they elected President partisanship will infect the court sys- firmed and one was vacated. Trump. I believe this is the American tem as a whole. All of the nominations Judge Gorsuch’s nomination to the people’s seat, and I believe Judge to lower courts, as well as the appel- Tenth Circuit Court of Appeals in 2006 Gorsuch is an exceptional choice for late courts, will be affected. was met without opposition, and he the Supreme Court. He deserves an up- My hope is that we can avoid that was confirmed by voice vote. or-down vote, and that is why I believe truly cataclysmic outcome, a nuclear Notably, Senators serving during this we are getting ready in the next few explosion, in some ways even more time include a lot of my former col- hours to confirm him. deafening and damaging than the one leagues: then-Senator Barack Obama, I yield the floor. used today would be because our courts Senator Joe Biden, Senator Hillary I suggest the absence of a quorum. are the bulwark of our democracy. An Clinton, Senator John Kerry, Senator The PRESIDING OFFICER. The attack on our courts is an attack on Harry Reid, and 12 other current sit- clerk will call the roll. the only check we have against tyr- ting Democratic Senators in this body, The senior assistant legislative clerk anny and autocratic erosion of those including the minority leader, CHUCK proceeded to call the roll. rights. That is why the nonpartisan- SCHUMER. Mr. BLUMENTHAL. Mr. President, I ship of our courts is so important. In March, the American Bar Associa- ask unanimous consent that the order The Supreme Court, of all our courts, tion, ABA, unanimously gave Judge for the quorum call be rescinded. should be above politics. In fact, that is Gorsuch a ‘‘well qualified’’ rating, The PRESIDING OFFICER. Without why the 60-vote rule for the Supreme their highest possible mark. Minority objection, it is so ordered. Court was so important. The Supreme Leader SCHUMER and Senator LEAHY Mr. BLUMENTHAL. Mr. President, Court is different: nine Justices ap- have both previously referred to the as we finished the vote just hours ago, pointed for life to the highest Court in

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.317 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2400 CONGRESSIONAL RECORD — SENATE April 6, 2017 the land. In some ways, it is an anach- cause the highest Court in the land is history, this is going to be a chapter, a ronism in our democracy—unaccount- different. monumental event in the history of the able, unelected, sitting for life with the I had the extraordinary honor to Senate not for the better but for the power to strike down actions of elected clerk for a Justice on the U.S. Supreme worse. After we are all long dead and representatives and an elected Execu- Court, Harry Blackmun, who was ap- gone, somebody may be looking back tive by issuing words on paper without pointed by a Republican, President and trying to figure out what happened the direct means to enforce them, de- Richard Nixon. He grew as a Justice or what motivated people. pending only on respect and credibility and surprised a lot of people. He, no I am going to tell you what has moti- from the American people. To approve doubt, surprised the President who ap- vated me since I have been in the Sen- nominees by a razor-thin majority is a pointed him. And that is what happens ate: an understanding that the job of a disservice to the Court and to our de- to really extraordinary men and Senator, when it comes to advice and mocracy. women who serve on our courts as well consent, is not to replace my judgment Supreme Court Justices do more as in the U.S. Senate; they grow in the for that of the President, not to nullify than just follow the law; they have to job. the election, but to be a check and bal- resolve conflicts in the law and dif- Choosing a U.S. Supreme Court Jus- ance to make sure that the President ferences among the lower courts where tice is one of the most solemn and im- of either party nominated someone they disagreed and, in fact, ambiguities portant duties that a President has, who is qualified for the job and is capa- in the statute, where there is lack of and confirming her or him is one of the ble from a character point of view of clarity, where this body is unable to most important tasks we have in this being a judge for all of us, having the reach consensus and, in effect, decides body. intellect, background, judgment, expe- to agree, to the extent it can, and leave Even at the most difficult and con- rience to carry out the duties of a Su- preme Court Justice. some question to administrative agen- tentious times, as I served then as a When President Obama won the law clerk and as I have litigated since cies, which rightly are entitled to re- White House, I suspected that he would then for several decades, I have never spect, as they implement the law. pick judges who I would not have cho- Confidence and trust are essential, doubted that judges were working in sen, based on our different philosophies and we have undermined it today. Our good faith to uphold the rule of law. of liberal-conservative jurisprudence. Republican colleagues have gravely Whether they ruled my way or not, I This is what Greg Craig, the former damaged it by the actions taken today. believed that we were working to try White House Counsel in the Obama ad- I have urged my colleagues to reject to be above partisan politics and up- ministration, said about Elena Kagan, Neil Gorsuch because I believe he is out hold the rule of law and do the right who is now on the Court: ‘‘Kagan is of the mainstream, because he failed to thing to follow the law. . . . a progressive in the mold of Obama answer questions about whether he The Supreme Court does more than himself.’’ agreed with established core prece- follow; it leads. Today’s vote is a sig- This is what Vice President Biden’s dents essential to rights of privacy and nificant challenge to that principle and Chief of Staff Ronald Klain said about equality under the law, because he has perhaps the most difficult that we have Elena Kagan: ‘‘Elena Kagan is clearly a a judicial philosophy that would in- seen in recent history. It threatens to legal progressive . . . [and] comes from volve substituting judgments of courts exact profound damage on the con- the progressive side of the spectrum.’’ for administrative agencies and ban- fidence and trust the American people I think that was an accurate descrip- ning the Chevron doctrine, and because have in the Supreme Court and perhaps tion of her and Sonia Sotomayor, who he favored in many of his actions, opin- in the courts overall, and that is a dan- both are progressive Justices who come ions, writings the interests of corpora- ger for all of us. from the progressive side of the judi- tions over individual rights. In my view, when the history of this cial spectrum. Both are highly quali- We have debated the merits of this time is written, there will be two he- fied, capable women who had stellar nominee. I believe that his repeated roes: the free press that has uncovered legal records. Even though they had evasion of the questions that were put abuses and wrongdoing despite opposi- outcomes I did not agree with, they to him leaves us with the inescapable tion from many powerful forces, and were certainly in the mainstream. conclusion that he passed the Trump our independent judiciary that has Both had been judges. I think he chose test; that he is not a neutral caller of upheld their right to do it and, also, people I would not have chosen, but balls and strikes; that he is, in fact, an the rights of countless Americans in they were really highly qualified. acolyte of the of the rightwing groups many areas of law. I was the only member of the Judici- that screened and suggested his name; Today’s action threatens those two ary Committee on the Republican side and that he would carry out not only institutions in our society. It under- to vote for either Justice Kagan or Jus- the Trump litmus test to overrule Roe mines our rules. It would not have hap- tice Sotomayor because I used a stand- v. Wade, strike down gun violence pro- pened without a choice made by the ard that I thought was constitutionally visions, but also other unknown deci- Republican leadership that they were sound. I am not telling any other Sen- sions that would implement that far- willing to break the rules to achieve ator what they should do. I am just right conservative agenda. We can de- this result. trying to explain what I did. In the bate whether that view is right or I am determined to try to move for- Federalist Papers, No. 76, written April wrong. ward in a positive way, in legislation 1, 1788, Mr. Hamilton said: Today is one of my saddest days in as well as in protecting and enhancing To what purpose then require the co-oper- the Senate. It goes more to the institu- our courts, giving them the resources ation of the Senate? It would be an excellent tions that have been demeaned and de- check upon a spirit of favoritism in the they need to do their job—and law en- President. It would portend greatly to pre- graded: the U.S. Senate and the Su- forcement, the resources needed to up- vent the appointment of unfit characters preme Court. My hope is that maybe it hold the rule of law. from state prejudice, from family connec- will be a turning point. Maybe we can We cannot hold the Supreme Court tion, from personal attachment, and from a reconstruct the sense of bipartisanship hostage to any ideology, and that is a view to popularity. and comity that existed for so many lesson from today and from the past So, from Hamilton’s point of view, it years. Many of my colleagues on the year that we should all heed. was a check and balance against a other side have expressed to me their Mr. President, I will continue to talk crony or unqualified person, someone misgivings about what was done today. about this topic because I believe it is who was popular but not qualified for The obstruction of Merrick Garland’s so profoundly important to our Nation, the job, somebody who was supported nomination was, as one of my col- but for now, I yield the floor. because they were close to the Presi- leagues put it, ‘‘the filibuster of all fili- The PRESIDING OFFICER (Mr. CAS- dent and not qualified for the job, busters.’’ It was another step in a con- SIDY). The Senator from South Caro- someone who was appointed because tinuing progression, culminating in to- lina. they were a favorite son of a particular day’s outcome that very much betrays Mr. GRAHAM. Mr. President, when State. That would not be fair to every- the spirit and values of a bipartisan se- they write the history of our times, I body else. When you look at the his- lection of Supreme Court nominees be- am sure that when it comes to Senate tory of the advice and consent clause,

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.319 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2401 it is pretty clear that the Founding Fa- down. From the time that Scalia was chairman of the Senate Judiciary Com- thers did not have in their minds that put on the Court and Ginsburg was put mittee in 1992. one party would nullify the election on the Court, everything has changed. That made sense. President Trump when the President of another party I was here when the first effort to fil- put a list of names out that he would was chosen by the people when it came ibuster judicial nominations was made choose from if he became President, to Supreme Court confirmations be- in earnest. In the first term of Bush 43, which was historic. Part of the contest cause they chose somebody they did there was a wholesale filibuster on the in 2016 was about the Supreme Court. I not agree with philosophically. circuit court nominees of President have no problem at all saying that, I voted for Elena Kagan and Sonia Bush. I was part of the Gang of 14 that once the campaign season is afoot, we Sotomayor, knowing they come from broke the filibuster. We lost a couple will let the next President pick. That the progressive judicial pool. Neil nominees but we did move forward. We is no slam on Judge Garland. I have Gorsuch is one of the finest conserv- said there would be no further fili- zero doubt that if the shoe had been on atives that any Republican President buster of judges unless there were ex- a different foot, there would not have could have chosen, and he is every bit traordinary circumstance. That al- been a different outcome. I can’t imag- as qualified as they were. His record is lowed Alito and Roberts to go forward. ine Harry Reid being in charge of the incredible—101⁄2 years on the bench, Both of them got a good vote. On Alito Senate in 2008 and allowing President 2,700 cases, and 1 reversal. He received we had to get cloture, but we got 78 Bush, in the last year, to nominate the highest rating of the American Bar votes. somebody in the Court and that they Association, ‘‘well qualified,’’ just like Clarence Thomas was probably the would approve that decision once the Sonia Sotomayor and Elena Kagan. most controversial pick in my lifetime. campaign season had started in 2008. I To merit the committee’s rating of If you can remember that hearing, it say that knowing that it was Senator ‘‘well qualified,’’ a Supreme Court was front page news every day and on Reid who chose to change the rules in nominee must be a preeminent member TV every night. Not one Democratic 2013, which broke the agreement of the of the legal profession, have out- Senator chose to filibuster him. He got Gang of 14 in part. standing legal ability and exceptional an up-or-down vote and he passed 52 to Here is what Harry Reid said in 2005: breadth of experience, meet the very 48. They could have chosen to require The duties in the U.S. Senate are set forth high standards of integrity, profes- cloture, but they didn’t. in the Constitution of the United States. No- sional competence, and judicial tem- So this is the first time in the his- where in the document does it say the Sen- perament. The rating of ‘‘well quali- tory of the Senate that you have a suc- ate has a duty to give the Presidential nomi- fied’’ is reserved for those found to cessful partisan filibuster of a Supreme nee a vote. merit the committee’s strongest af- Court nominee. Abe Fortas was filibus- All I can say is that in the 100-year firmative endorsement. By unanimous tered to be Chief Justice of the Su- history of the Senate, from today going vote on March 9, the standing com- preme Court by almost an equal num- backward, there has been one person mittee awarded Judge Gorsuch this ber of Democrats and Republicans be- put on the Court when the President highest rating of ‘‘well qualified,’’ just cause of ethical problems, and he even- was of one party and the Senate was like they did for Sonia Sotomayor and tually resigned. held by the other party and a vacancy Elena Kagan. He has 2,700 court deci- So we are making history today—the occurred in the last year of a Presi- sions, 1 reversal, and praise from all first successful filibuster in the history dential term. areas of the law—left, right and mid- of the Senate to deny an up-or-down We have done nothing that would jus- dle. The ABA report of 900 cases de- vote on a nominee to the Supreme tify Judge Gorsuch to be treated the scribes a very thoughtful man, an in- Court. It breaks my heart that we are way he has been treated, and he has credible judge, and a good person. So I here. I don’t know what to do other been treated pretty badly. Here is what don’t think anybody could come to the than to change the rules to have some NANCY PELOSI said: ‘‘If you breathe air, floor and say—even though they may sense of fairness. I can’t believe that drink water, take medicine, or in any disagree with the outcome—that Judge Judge Gorsuch is not qualified by any other way interact with the courts, Gorsuch is not qualified, using any rea- reasonable standard. I voted for this is a very bad decision.’’ sonable standard, to be chosen by Sotomayor and Kagan. Nobody even All I can say is that Judge Gorsuch President Trump. He is every bit as asked for a cloture vote. They went does not deserve that. That is a polit- qualified as the two Obama appoint- straight to the floor. One got 62 votes ical statement out of sync with the re- ments. So, clearly, qualifications no or 63 votes, and the other got 68 votes. ality of who this man is and the life he longer matter like they used to. I don’t know why we can’t do for Judge led, and it is that kind of attitude that Antonin Scalia—whom Judge Gorsuch what was done for Sotomayor has gotten us to where we are today. Gorsuch, hopefully, will soon replace as and Kagan. I can also say that there is blame on Justice Gorsuch—was confirmed by the We keep hearing about Judge Gar- my side too. Nobody has clean hands Senate 98 to 0. Ruth Bader Ginsburg land. Judge Garland is a fine man and completely on this. When Justice was confirmed 96 to 3. I would argue would have been a very good Supreme Sotomayor was nominated, she made a that you could not find two more polar Court Justice. Justice Scalia died in speech to the effect that a White man opposite people when it comes to phi- February of 2016 after three primaries would have a hard time understanding losophy than Justice Ginsburg and Jus- were already held. The nominating what life is like for minorities. That tice Scalia. They became very dear process was well on its way for picking was taken to believe that she somehow friends, but nobody in their right mind the next President. So this was an elec- could not be fair to White men. That would say there is not a difference in tion year. I remember what Joe Biden was a speech she gave that was provoc- their judicial philosophy. said in 1992, the last year of Bush 41’s ative, but I never believed it was an in- Strom Thurmond, my predecessor, a term, when there was the suggestion dication that she somehow was preju- very conservative man himself, voted that somebody might retire in the elec- diced against White men. The reason I for Ms. Ginsburg. Clearly a conserv- tion year, and he said, basically: If concluded that was because anybody ative would not have chosen her be- someone steps down, I would highly who had known her, including White cause she was general counsel of the recommend that the President not men, said she was a wonderful lady. ACLU. I can tell you that Ted Kennedy name someone, not send a name up. If I remember Elena Kagan. The attack and other people on the progressive he, Bush, did send someone up, I would on our side was that she joined with side of the aisle would not have voted ask to seriously consider not having a the administration of Harvard to kick for Antonin Scalia based on philos- hearing on that nominee. It would be the ROTC unit off campus. Somehow ophy. Something has happened in our pragmatic conclusion that once the that made her unpatriotic. My view America from 1986 to 1993. The Con- political season is underway, and it is, was that it was the position of a very stitution hasn’t changed. Something action on a Supreme Court nomination liberal school called Harvard, and no has changed. I think the politics of the must be put off until after the election one could ever convince me that Elena moment have taken the Founding Fa- campaign is over. That is what Vice Kagan was unpatriotic. She seemed to thers’ concept and turned it upside President Biden said when he was be a very nice, highly qualified lady,

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.321 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2402 CONGRESSIONAL RECORD — SENATE April 6, 2017 and that decision by Harvard could not Supreme Court. So when we have a in the Senate was very simple, and it be taken to the extreme of saying that contest for a Senate seat, it is not just continues to be pretty simple and she is not fit to serve on the Court. So about the Senate. It is about the seat straightforward, in my judgment: I was able to look beyond the charges affecting the outcome of the Court, be- Should we have an up-or-down vote on leveled at these two ladies on our side cause all you need is a simple majority. the nomination of Judge Neil Gorsuch to understand who they really were. Whether or not it leads to changing the to be an Associate Justice of the U.S. When you look at people who know legislative filibuster, which would be Supreme Court? these judges the best, they can tell you the end of the Senate, I don’t know, Earlier today, the Senate voted to do the most accurate information. In the but I don’t think it helps. There will be that. I think it is very important for case of Kagan and Sotomayor, there a majority around here one day, a the American judicial system and for were a lot of people, left and right, who President of the same party, with con- the American system of democracy said they were well-qualified, fine la- trol of the House, and they will get that the U.S. Senate be allowed to vote dies. When you look at what was said frustrated because the other side will on Judge Gorsuch’s nomination to the about Judge Gorsuch in the ABA re- not let them do everything they want U.S. Supreme Court. It was not enough port, it is just an incredible life, well to do, and they will be tempted to go to only vote on a motion to end debate; lived. down this road of doing away with the we also needed to be allowed to vote on So here we are. We are about to 60-vote requirement to pass a bill—not the actual nomination with ‘‘yes’’ or change the rules. Up until 1948, it was appoint a judge—and that will be the ‘‘no.’’ Unfortunately, our friends on the a simple majority requirement for the end of the Senate. We have made that Democratic side of the aisle decided to Supreme Court. As a matter of fact, as more likely by doing this. It was more filibuster in order to make it impos- for most Supreme Court nominations likely in 2013. I hope I am wrong, but I sible for us to vote on this crucial in the history of the country, a large think we have set in motion the even- nominee without modifying the rules percentage were done based on a voice tual demise of the Senate. The one vote. It is only in modern times that of the U.S. Senate. That is what we did thing I can say—I am optimistic, we got in this political contest over the earlier today. I do not know that any- though—is that while I will vote to Court. It probably started with Judge body did it happily, but certainly a ma- change the rules for this judicial nomi- Bork. jority of the Senate believed that the There is some blame to go around on nation, I will not ever vote to change American people deserved an up-or- both sides, but I can say that while I the rules for legislation. down vote, yea or nay. Stand up and be The reason I am voting to change the have been here, I have tried to be fair counted in front of God and country. rules is that I do not know what I the best that I know how to be. I voted Do you want Judge Neil Gorsuch to be would go home and tell people as to for everybody I thought was qualified. on the Supreme Court, or do you not? how Sotomayor and Kagan got on the I said, as for Judge Garland, let the That vote is going to take place tomor- next President decide. At the time I Court and Gorsuch could not, why row afternoon. said that in March 2016, I had no doubt President Obama was able to pick two The Constitution reads that the in my mind that Donald Trump would people who were highly qualified and President of the United States of lose and that Hillary Clinton would why Trump was not able to pick one America ‘‘shall nominate and by and probably pick somebody more liberal person who was highly qualified. You with the advice and consent of the Sen- than Garland. But it made sense to me just can’t have it where one side gets ate shall appoint . . . judges of the Su- in that stage of the process to let the the judges and the other side does not. preme Court.’’ I do not need to tell you next President pick. To rectify that wrong, I guess we had that this is an extremely important The fact that we are filibustering to change the rules. part of our separation of powers. It is this man says a lot about the political It is not a good day. I was hoping it vital to our protecting the integrity of moment. If this were a controversial would never come, but it has. To the the Supreme Court, the work that all character, I might understand it bet- extent that I have been part of the of us do—not just members of the Judi- ter. When you look back and try to fig- problem, I apologize to the future. I ciary Committee but every Member of ure out what we did and how we got think, at least in my own mind, I have the Senate—in vetting our nominees here, I can say that we took one of the tried to do the right thing as I saw it. and making sure they are qualified and best people that President Trump could I took a lot of heat for voting for their independent, as is Neil Gorsuch. He is have nominated—somebody I would judges at a time when there was a lot enormously important for the protec- have chosen if I had gotten to be Presi- of heat on our side. I am glad I did. tion of liberty itself. dent. I think PAUL RYAN, MIKE PENCE, It is not that I am not partisan—cer- Let’s not ever forget what we are or any of us would have chosen Neil tainly, I can be. I just think history is protecting. We are protecting justice, Gorsuch, and he was denied an up-or- going down a very dark path, and the and we are protecting liberty. We are down vote. That says all we need to Senate is going down a very dark path. not supposed to be protecting a certain know about the political moment. There will never be another 98 votes for point of view. We are not supposed to We will change the rules. It will have a Scalia or another 96 votes for a Gins- be protecting a certain policy pref- an effect on the judiciary, and it won’t burg. That is a shame because even erence. We are not supposed to be pro- be a good one, because in the future, though they may be different, they tecting a certain political party. judges will be selected by a single have one thing in common: They are I hope tomorrow, when we finally get party, if you have a majority with no good people who are highly qualified to the opportunity to vote up or down on requirement to reach across the aisle, sit on the Court. I can understand why Neil Gorsuch for his membership on which means the judges will be more a liberal President would choose one the greatest tribunal in the history of ideological. and a conservative President would civilization, in my judgment, the U.S. When you have to go over there to choose another. Yet what we are doing Supreme Court, that we will consider get a few votes or when they have to today is basically saying that in the his nomination in light of how it will come over here to get a few votes, you Senate, we do not really care about affect our country, not our party. When have to water down some of your election results anymore. we look at his nomination from that choices and the most extreme ideolog- I yield the floor. perspective and leave the politics of ical picks or a party or President are The PRESIDING OFFICER. The Sen- the last few years in the rearview mir- probably not going to be able to make ator from Louisiana. ror, I think we can analyze his nomina- it through. Now they will. I think what Mr. KENNEDY. Mr. President, Sen- tion with a lot more clarity. you will see over time is that the most ator GRAHAM, my fellow Senators, our Alexander Hamilton, whom I think ideological people in the Senate are constituents in the Gallery, a lot of most Americans admire, said in Fed- going to have a lot to say about who is what has gone on today may seem very eralist No. 78 that the Court has ‘‘nei- chosen by the President. It will change complicated. We have heard a lot of ther force nor will but merely judg- the nature of the judiciary. terms being thrown around: cloture, ment.’’ I think that is what we are all To the Senate itself, every Senate the nuclear option. Yet, really, the looking for—or should be—in a nomi- seat now becomes a referendum on the question that we were faced with today nee to any court but especially to the

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.322 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2403 U.S. Supreme Court. We are not look- ple at the top—I want to emphasize Utah, Wyoming, Colorado, Kansas, New ing for somebody with a certain policy ‘‘undeserving’’ because I don’t want to Mexico, and my State of Oklahoma. He preference. We are not looking for peo- paint with too broad a brush—who are knows the issues of the Western States ple with ideas of how the law can be getting bailouts, and we see too many and what we are facing, and he has ex- improved because the role of a judge is undeserving people at the bottom who pertise to deal with them. He has han- not to make law, it is to interpret the are getting handouts. We are in the dled with a lot of care and fairness the law as made by the legislative body as middle, and we get stuck with the bill. issues that have come before him. Of best that judge can understand it. That We cannot pay it anymore, Kennedy, course, we know this because Okla- is why we need someone like Neil because our health insurance has gone homa is in the Tenth Circuit. Gorsuch, in my estimation, who has up, our kids’ tuitions have gone up, and His reputation is such that, regard- good judgment. our taxes have gone up. I will tell you less of party affiliation, countless I sit on the Judiciary Committee. I what has not gone up—our income. groups, organizations, and individuals have spent 20 to 40 hours with Neil These are real people with real prob- have come out in support of Judge Gorsuch or with people who know him lems, and they sent all of us here be- Gorsuch, including Neal Katyal. Neal well, in hearing their testimony. I have cause they are real mad and they ex- Katyal was the Acting Solicitor Gen- read his opinions. As far as I am con- pect us to do something about it. eral in President Obama’s Cabinet, so cerned, he is as good as it gets. I can- The sad truth is that our children’s he was a Cabinet member of President not imagine that President Trump generation is at risk of becoming the Obama’s. He testified before the Senate first in America, unless this body does could have picked better. Judiciary Committee and wrote an op- something, to be worse off than their He is a thoroughbred. He is a legal ed piece in the New York Times. Keep parents’ generation because in our rock star. If you read his opinions, you in mind, when you listen to this—this country today, for too many Ameri- will see that he is painstaking in his is a quote from an op-ed piece in the cans, it is harder than ever to get application of the law to the facts be- New York Times, and one of the indi- ahead. That is why so many Americans fore him. He writes beautifully. His viduals from the administration of feel stuck. They feel like the hope and communication skills are absolutely President Obama said this: ‘‘His years change they were promised has become amazing. His analysis and analytical on the bench reveal a commitment to decline and uncertainty, and they are rigor are clear and concise. His deci- judicial independence—a record that looking to us to do something about it. sions are wise and disciplined, and he is should give the American people con- faithful to the law. He is an intellec- So let’s vote. Let’s vote tomorrow. I understand reasonable people disagree. fidence that he will not compromise tual, not an ideologue. He is a judge, principle to favor the President who not a politician. He is whip-smart, has I understand unreasonable people can disagree too. But I am going to vote for appointed him.’’ clear writing, is a strict constitu- That comes from an Obama ap- tionalist, likes snow skiing, fly fishing, Neil Gorsuch to be an Associate Jus- tice of the U.S. Supreme Court. Then I pointee. and is a fourth-generation Coloradan. I am going to ask this body to move on Not only is he well liked, but he also think he will serve every person in our to other important issues that are has an impressive resume, serving as country well as a member of the Su- keeping moms and dads awake at night law clerk to two different Supreme preme Court. That is why I am sup- when they lie down and try to go to Court Justices. He attended Columbia, porting him. Harvard, Oxford, and it doesn’t get any Let me say one final thing. I do not sleep. Thank you, Mr. President. better than that. It is clear he has the think there is any vote that will be I yield the floor. qualifications, and as recently as the more important than the vote we will The PRESIDING OFFICER. The Sen- last administration, that was really all take tomorrow on a President’s nomi- ator from Oklahoma. you needed to be confirmed to be on nation to the U.S. Supreme Court, so I Mr. INHOFE. Mr. President, when we the U.S. Supreme Court. want to choose my words carefully. lost the Honorable Justice Antonin Not a single, solitary vote is more im- What the Democrats have done to Scalia, we were all saddened, as he was block his nomination has never been portant than that vote we will take to- such a legend on the Court, and I am morrow. That is not to say that there done before. This is significant. People very proud that President Trump nom- don’t realize—people who are maybe are not other important issues before inated a successor who is worthy of ful- this body. That is why I think it was so critical of some of the procedures that filling his shoes. were taking place, they forget the fact important today that we decided to Judge Gorsuch has garnered respect that there has never been, in the his- vote up or down on Judge Gorsuch so and approval from people across the tory of America, a successful partisan that we can move on to those other im- legal community, and he has unrivaled filibuster of a Supreme Court nomina- portant issues—jobs, jobs, jobs; design- bipartisan support. It is unfortunate tion—there has never been. This will be ing a healthcare delivery system that that the Democrats have tried to block the first time this happened. looks like somebody designed it on his nomination. It is not going to purpose, which our Acting President work, but they have tried. I support the majority leader in has worked so hard on; infrastructure; Recently, I had the honor of meeting changing the rules in the face of this elementary and secondary education; a Judge Gorsuch. It is kind of interesting unprecedented action by a minority skilled workforce. I could go on. because I was not on his list to visit. In party. There is really no reason for There is an enormous amount of pain fact, I had even said: Don’t waste your their filibuster of this highly qualified in America today. There are too many time on me, as I know your credentials individual, other than partisanship and Americans who are not participating in and I am going to support you anyway, catering to their liberal base. Changing the great wealth of America—not eco- and I am not on the appropriate com- the rules for Supreme Court nomina- nomically, not socially, not culturally, mittees that would pass judgment. Yet tions had to be done, and if the situa- and not spiritually. We have been he did call, and we met. I will tell you tion were reversed, the Democrats elected in the Congress to do some- that you have to meet and talk to the would have done the same thing in a thing about that. guy in person to know what kind of an heartbeat, as we saw in 2013 when they I talk to people in my State every individual he really is. did the same thing. day, and I know the Presiding Officer Of course, being from Oklahoma, I Judge Gorsuch deserves to be on the does too. The people of Louisiana are am sensitive to the fact that he is the Supreme Court. He does not deserve to fun-loving, God-fearing, and plain-talk- son of the West. In fact, none of our be blocked because people are upset ing, and this is what they tell me: Ken- Justices up there, with the exception of that we observed the Biden rule; that nedy, this country was founded by California, are from what we would call is, not providing for any action on a geniuses, but sometimes I think it is the Western United States—the area nominee for a Supreme Court vacancy being run by idiots. where people need to be properly rep- once the election season is underway— They say: Kennedy, we look around resented. and they lost the election. our country today, and here is what we As a judge on the Tenth Circuit Now, that is Joe Biden, not JIM see. We see too many undeserving peo- Court of Appeals, he has heard from INHOFE.

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.323 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2404 CONGRESSIONAL RECORD — SENATE April 6, 2017 In addition to his impeccable job and ing about a bureaucracy—an agency’s judge should be. He believes Congress experience and educational back- interpretation of the law if the law is should write the laws, the executive ground, he is perhaps best known for considered ambiguous or unclear and if branch is to carry them out, and the his defense of religious liberty, includ- the agency’s interpretation is reason- judicial branch is to interpret the laws. ing a role in the dispute during the able. This defense to the agency gives The confirmation of Judge Gorsuch Obama administration that required them a lot of authority, a lot of power. will shape our Nation for generations employers to provide abortion-inducing Moreover, it can provide a lot of uncer- to come, and all of us will be able to drugs to their employees as part of tainty to the regulated community. benefit from his wise decisions. their health insurance. One of these As Judge Gorsuch wrote, Chevron I am looking forward to confirming employers was Hobby Lobby. deference allows agencies to ‘‘reverse Judge Neil Gorsuch. It is going to hap- Everyone knows who Hobby Lobby is, its current view 180 degrees any time pen tomorrow, and then all of this will but not everyone knew them back based merely on the shift of political be over. I am proud to give him my when I knew them. I knew them back winds and still prevail [in court].’’ vote. Justice will be well served as in the 1970s, when the Green family, I know a little bit about this. I spent such. who started Hobby Lobby, were actu- a lot of years being the chairman of a With that, Mr. President, I yield the floor. ally operating out of their garage, committee called the Environment and making picture frames, and look at I suggest the absence of a quorum. Public Works Committee. During the The PRESIDING OFFICER. The them today. I have known them for a Obama years, we had a bureaucracy clerk will call the roll. long time. They started out their that was trying to change the law in- The bill clerk proceeded to call the whole business with a $600 loan. Now stead of following the law. It was ex- roll. they have over 700 stores across the actly what Judge Gorsuch was talking Mr. NELSON. Mr. President, I ask United States and are the largest pri- about in this case when he talked unanimous consent that the order for vately owned arts and crafts store in about the Chevron deference, giving the quorum call be rescinded. the world. deference to a bureaucracy. You can The PRESIDING OFFICER. Without Judge Gorsuch and the Supreme imagine being in business, especially a objection, it is so ordered. Court agreed with Hobby Lobby and heavily regulated one, that has to VENEZUELA upheld their religious liberty rights. I worry that every 4 to 8 years the rules Mr. NELSON. Mr. President, I have am going to read to my colleagues his might change then and how do you already cast my ‘‘no’’ vote with regard concurring opinion. It is very profound. plan to make your plans. to the judge and will so again whenever Judge Gorsuch wrote, after they made I think Gorsuch’s opinion on Chevron we get to final passage, but I want to the determination that Hobby Lobby deference is an important debate to take this opportunity to talk about the did not have to give these drugs to have. Do we, as a coequal branch of chaos that is going on in Venezuela. their employees: government, continue to give up our As if there weren’t already enough It is not for secular courts to rewrite the powers to the administrative state or chaos, last week Venezuela’s supreme religious complaint of a faithful adherent, or do we take our power back and write court stripped its legislative branch of to decide whether a religious teaching about laws as they should be implemented? its powers—just stripped them of pow- complicity imposes ‘‘too much’’ moral dis- Furthermore, does the judicial branch, ers. Only because the court had gotten approval on those only ‘‘indirectly’’ assisting such significant criticism did it reverse wrongful conduct. Whether an act of com- as a coequal branch of government, plicity is or isn’t ‘‘too attenuated’’ from the continue to give up their power of in- its decision. Apparently even the very underlying wrong is sometimes itself a mat- terpretation to the administrative shaky President of Venezuela, Maduro, ter of faith we must respect the faith. state? weighed in to get them to reverse their Now, that is what he wrote in Hobby These are important, fundamental decision. Now, isn’t that something? Lobby. questions that should be addressed, and This is supposed to be a democracy. In a very similar situation around I am glad the Gorsuch nomination has Yet it is being run as a dictatorship, where even the judicial branch goes the same timeframe, there was a case brought these cases to light. and does something crazy and the that is known now to be the Little Sis- Although Judge Gorsuch was nomi- President of the country gets up and ters of the Poor. He joined in an opin- nated by a Republican President, this tells them: You had better reverse ion defending the rights of nuns not to doesn’t mean my colleagues on the yourself; there is too much criticism. be forced to pay for abortion-inducing other side of the aisle should have any This is the nonsense that is going on drugs in their healthcare plans. This is concern about Judge Gorsuch’s deci- in Venezuela. Of course, what went on another profound statement he made. sionmaking ability. This is important last week further undermines Ven- He said: ‘‘When a law demands that a to point out because being a judge is ezuela’s so-called democracy, and it is person do something the person con- not about making decisions that are in only the latest in President Maduro’s siders sinful, and the penalty for re- the best interests of any political party creeping dictatorship. That is what it fusal is a large financial penalty, then but really about making decisions is. the law imposes a substantial burden based on facts and the law and the Con- He has repeatedly and violently sup- on that person’s free exercise of reli- stitution without bias. pressed protesters and jailed his polit- gion.’’ During his confirmation, Judge ical opponents in violation of any un- It is not just petitioners of the Chris- Gorsuch stated his judicial philosophy, derstanding of human rights. He has tian faith whom Judge Gorsuch has saying: used that same Supreme Court to block sided with. He upheld the religious be- I decide cases . . . I listen to the argu- members of the National Assembly liefs of a Native American prisoner and ments made. I read the briefs that are put to from taking office, and he has used of a Muslim prisoner who found their me. I listen to my colleagues carefully and I that Supreme Court as a rubberstamp ability to practice their faith re- listen to the lawyers in the well . . . keeping to overturn the laws that the National stricted in one manner or another. an open mind through the entire process as Assembly does that he doesn’t like. He comes to his decision not because best I humanly can and I leave all the other Isn’t it a sad state that Venezuela has he is seeking some predetermined out- stuff at home. And I make a decision based reached? on the facts and the law. come; he comes to his decisions be- The President has also thwarted op- cause that is where the facts of the law Who can argue with that? He has position efforts to recall him, Presi- and the Constitution lead him. proven over a period of time that he dent Maduro, in a national referendum. For example, in the Lynch case—an- will do that. In so doing, he was able to appoint a other Oklahoma case—Gorsuch re- Through the whole debate, it has be- Vice President with ties to Hezbollah, ferred to Chevron deference as ‘‘a come evident that the Democrats were and now a Vice President it appears judge-made doctrine for the abdication asking him to rule in favor of causes that he has sanctioned for drug traf- of the judicial duty.’’ and not to follow the law, which is ficking. Chevron deference is the judicial rule what a judge does and should do. Meanwhile, the poor Venezuelan peo- that requires judges to defer to an Regarding the roles and balance of ple suffer the consequences of the po- agency’s interpretation—we are talk- our government, Gorsuch is what a litical, humanitarian, and economic

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.325 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2405 crisis. Venezuelans are dying because ‘‘smoothing fund,’’ that as the insur- to resolve the impasse of Judge of severe shortages of food and medi- ance companies vie for this business on Gorsuch’s nomination by invoking the cine and other products. The economy the State exchanges, they would be so-called ‘‘nuclear option.’’ For the is in freefall, and crime and corruption able to have this fund as a resource for first time in our history, nominees to are rampant. them to get over some of the humps— the Supreme Court of the United Last year, 18,000 Venezuelans sought also, certainly for some of the insureds. States may advance from nomination asylum in the United States—more Just because you are at 400 percent of to confirmation with a simple majority than any other nationality. The United poverty and therefore no longer eligi- vote in this body. States stands clearly on the side of the ble for some of the subsidies to enable I have heard many of my colleagues Venezuelan people in calling on Presi- you to buy health insurance—and, by ascribe blame equally to both sides, dent Maduro to cease undermining de- the way, for a single individual, that is and I have heard analysts and experts mocracy, release all political prisoners, only about $47,000 a year of income— say the same. One can question that di- respect the rule of law, and respect the person who makes $47,000, $50,000 a agnosis, as some very respected schol- human rights. year can’t afford to go out and spend ars like Norm Ornstein of the Amer- There obviously is no sign that he is $8,000, $10,000, $11,000 on a health insur- ican Enterprise Institute and Thomas going to be doing this. What should we ance policy. Mann of the Brookings Institute have do? First of all, we ought to get our We need to adjust that—in other demonstrated that our political polar- Secretary of State to work with the words, fix that as well. There needs to ization over the last several years, and international community, including be an additional fix of a subsidy for the hence our current impasse, has been the Organization of American States, people who are just over 400 percent of driven predominantly by the ever more to help resolve this crisis and alleviate poverty. To translate that another conservative ideology of the Repub- the suffering of the Venezuelan people. way, for a family of four, that is only lican Party. Regardless, here we are. That is the first order of business, to about $95,000 a year. On a tight budget The Gorsuch nomination lacks the try to eliminate the suffering of peo- like that, they simply can’t afford traditional level of support required for ple. It is all so true; whenever a dic- health insurance. They need some help. a Supreme Court seat, and the major- tator takes control, as has happened in With a few little fixes like that to ity leader has chosen a step that Demo- Venezuela, it is the people who suffer the existing law—the Affordable Care crats clearly and emphatically rejected first. Act—we could get this thing tuned up when we needed to confirm nominees Additionally, I am suggesting and I and, indeed, continue to provide what with broad support but were blocked am calling on the administration to we need in order for people to have because they were submitted by Presi- fully enforce and, where appropriate, healthcare. dent Obama. expand the sanctions on those respon- One other fix: There are about 4 mil- I had hoped it was not too late for cooler heads to prevail. Unfortunately, sible for continued violence and human lion people in the country who, if their adherence to the principle of 60 votes rights violations that are perpetrated State legislatures and their Governor for consideration of a Justice of the against the people. would expand Medicaid—and some of Supreme Court and indeed the existing It is very interesting. A lot of these those Governors are now expressing in- rule in the Senate was ignored, and we so-called big guys in Venezuela love to terest in doing this—under the Federal travel. They love to have bank ac- are at this impasse. law up to 138 percent of poverty, 4 mil- Since many have drawn a false counts. They love to come to Miami. lion more people would be covered with equivalence between the last so-called They love to have U.S. bank accounts. healthcare. In my State of Florida ‘‘nuclear option’’ vote of several years Let’s slap some severe economic sanc- alone, there are 900,000 people who oth- ago and what occurred today, let me tions on these guys. The situation is erwise would be getting healthcare who take a moment to explain, for my part, increasingly dire, and we must stand do not because the government in the why I very reluctantly supported a with the Venezuelan people in their State of Florida has refused to expand change to the Senate precedent for struggle for democracy and human Medicaid coverage up to 138 percent of nominees other than the Supreme rights. poverty. Court in 2013. I yield the floor. How much is that? For a single indi- During President Obama’s tenure, I suggest the absence of a quorum. vidual, that is someone making about Republicans necessitated more cloture The PRESIDING OFFICER. The $16,000 a year. A person like that can’t votes than were taken under every pre- clerk will call the roll. afford health insurance. A person like vious President combined. Let me re- The bill clerk proceeded to call the that can’t afford any kind of paying for peat that. During President Obama’s roll. any healthcare. tenure, Republicans necessitated more Mr. NELSON. Mr. President, I ask What happens to them? When they cloture votes than were taken under unanimous consent that the order for get sick, they wait and wait to try to every previous President combined, the quorum call be rescinded. cure themselves because they can’t pay from George Washington to George W. The PRESIDING OFFICER. Without a doctor. When the sickness turns into Bush. In numerical terms, Republicans objection, it is so ordered. an emergency, they end up in the emer- demanded a cloture vote 79 times over AFFORDABLE CARE ACT gency room and then, of course, it is just 5 years. In contrast—from the Mr. NELSON. Mr. President, while uncompensated care and the hospital Founding Fathers all the way through we have a lull in the debate, I want to eats it. The hospital, of course, passes George W. Bush—the Senate only faced take an opportunity to talk about that uncompensated care on to all the that situation 68 times. Republicans healthcare. Since we had an utter in- rest of us who are paying our premiums obstructed Obama nominees more in 5 ability of the House of Representatives on health insurance. years than the United States Senate to come together on any kind of It makes sense to do this. With a few obstructed all nominees combined over healthcare bill, this Senator would sug- fixes, we would be able to tune up the the course of more than two centuries. gest that instead of the mantra ‘‘repeal existing law to provide the healthcare The bitter irony, of course, was that and replace,’’ since now that seems to that most of us want to provide. It after a nominee would break through, be dead, why don’t we take the existing seems to me that it is common sense, Republicans often would vote over- law that has provided a lot of things and it is common sense that can be whelmingly to confirm the very nomi- for the average citizen? For the aver- done in a bipartisan way. It is my hope nee they so adamantly delayed. It was age person in my State of Florida, it and my prayer that the Senate and the clear their sole guiding principle was means a great deal to have the avail- House will come together and ulti- obstruction and delay. ability of health insurance, which they mately do this. Judges nominated by President never had and can now afford. Mr. President, I yield the floor. Obama faced some of the longest me- There need to be fixes to the law The PRESIDING OFFICER. The Sen- dian and average wait times under the known as the Affordable Care Act that ator from Rhode Island. five most recent Presidents, and Presi- was passed several years ago. Indeed, Mr. REED. Mr. President, the Senate dent Obama tied with President Clin- one of those fixes could be a kind of has decided on a purely partisan basis ton for the fewest number of circuit

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.328 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2406 CONGRESSIONAL RECORD — SENATE April 6, 2017 court nominees confirmed during that had attended could not provide the sequence whatsoever that prevented same period. All that time, judicial va- learning atmosphere required by the the majority from reversing course and cancies stacked up. Justice was de- law for Luke. So they placed him in a working with Democrats and the Presi- layed and denied. Critical public serv- different school setting. dent to find a consensus nominee. In ice roles went unfilled, and the Amer- Luke’s parents exercised their rights one day, the majority has lessened the ican public came to regard Congress as under IDEA. The Colorado Department distinction between our Chamber and a place where nothing of substance can of Education, the Colorado Office of our colleagues across the Capitol, all occur. Administrative Courts, and a Federal the while lowering ourselves further in It was under those dire and unprece- district court all agreed that the law the eyes of the Nation and opening the dented circumstances that I reluc- entitled them to reimbursement from door to an even more polarized judici- tantly joined my colleagues to change the school district that was not able to ary. the filibuster rules for executive nomi- provide an adequate learning environ- I regret that this is the case, and I nations and judicial nominations, ment for Luke. This should have been hope this body can turn back from the other than the Supreme Court—very the end of the matter, but when the course we find ourselves on today. consciously excluding the Supreme school district appealed the case to the I yield the floor. Court, which at that time was recog- Tenth Circuit, Judge Gorsuch’s deci- I suggest the absence of a quorum. nized as appropriate by all my Repub- sion reversed all these factfinders to The PRESIDING OFFICER. The lican colleagues. But there really is no hold in favor of the school district. clerk will call the roll. equivalence between that decision and In order to reach his conclusion, The senior assistant legislative clerk what the majority did today. Judge Gorsuch went to great lengths— proceeded to call the roll. Even in 2013, at the height of Repub- picking and choosing passages from Mr. GRASSLEY. Mr. President, I ask licans’ partisan attacks on President previous decisions—to weave a new unanimous consent that the order for Obama, Senate Democrats believed the standard that essentially eviscerated the quorum call be rescinded. Supreme Court was too important to the protections under IDEA. His strict The PRESIDING OFFICER. Without subject to a simple majority vote. The interpretation of this landmark law ut- objection, it is so ordered. Supreme Court is a coordinate branch terly ignored congressional intent and Mr. GRASSLEY. Mr. President, we of our government, and its lifetime ap- created a new precedent that schools are now well on our way to confirming pointees have final authority to inter- need only provide ‘‘merely more than Judge Gorsuch as the next Justice of pret the Constitution. We understood de minimis’’ or, in plainer terms, just a the Supreme Court. I have a few things then—as we do now—that the tradi- little bit more than zero educational to say about the way we have gotten tional 60-vote threshold to conclude de- opportunity for children with disabil- here. bate on the highest Court in our nation ities. The immediate result of this de- Earlier today, the other side—mean- was too important to the consensus- cision was to force Luke back into an ing the Democrats—made a very un- driven character of this body to sac- inadequate learning environment and precedented break with Senate history rifice. leave his parents with yet another un- and with Senate tradition. They I think we also have to acknowledge expected financial hardship. At the launched the first partisan filibuster of that a President already has nomi- same time, Judge Gorsuch’s new legal a Supreme Court nominee in our Na- nated a consensus choice capable of standard threatened to degrade the tion’s history. For our part, we Repub- earning 60 votes to a seat on the Court, quality of education for children with licans insisted that we follow the prac- and that nominee was Chief Judge disabilities all across the country. tice of the Senate. We don’t engage in Merrick Garland. The unprecedented The good news for Luke’s family— partisan filibusters of Supreme Court treatment he received by the majority and for so many others—is that the Su- nominees. has already made this one of the most preme Court of the United States inter- Yesterday, I came to the floor to infamous and politicalized Supreme vened in a rare unanimous opinion, re- speak about the path that brought us Court nominations in American his- versing Judge Gorsuch’s position— to this point. As I discussed, way back tory. It is all the more disconcerting ironically during his confirmation in 2001, the current minority leader and that Judge Gorsuch witnessed Judge hearings. The Nation has been spared some of his allies on the far left Garland be treated so poorly but now the potential harm that could have re- hatched a plan to, in their words, seems to feel entitled to his seat on the sulted from lowering expectations for ‘‘change the ground rules’’ with regard Court, even if the Senate must change schools nationwide and leaving fami- to lower court nominees. I noted a New its precedence to give it to him. lies like Luke’s without sufficient re- York Times article describing the I already addressed this body about course. Democratic senatorial caucus retreat, my deep concerns regarding Judge Yet as my colleagues and I have where the new approach to nominees Gorsuch’s judicial record of ideological pointed out at every turn of this con- was discussed; in other words, where activism and championing the powerful firmation process, this is far from the they discussed the strategy for chang- over the powerless, but it is worth only decision by Judge Gorsuch that is ing the ground rules of how judges are going into greater detail on one of his widely outside the mainstream of mod- considered by the United States Sen- opinions that is emblematic of this, ern jurisprudence. He is not—and was ate. and that has recently come to the fore. never intended to be—a consensus Mr. President, I ask unanimous con- In 2008, Judge Gorsuch heard what is nominee to fill the vacancy on the Su- sent to have printed in the RECORD the referred to as the Luke P. Case. In that preme Court. It should not come as a May 1, 2001, New York Times article case, the parents of an autistic child surprise, therefore, that this body is di- entitled ‘‘Washington talk; Democrats sought reimbursement from a school vided over his nomination to the high- Readying for Judicial Fight,’’ and the district for the cost of specialized edu- est Court in the land, and Judge April 5, 2017, story from the Wash- cation because the school had not pro- Gorsuch could not earn enough support ington Examiner entitled ‘‘The vided adequate accommodations for under the 60-vote threshold. Gorsuch Plagiarism Story is Bogus.’’ the child under the Individuals with The filibuster was intended to be an There being no objection, the mate- Disabilities Education Act or IDEA. institutional safeguard that protects rial was ordered to be printed in the The case presented heart-wrenching the minority by requiring broad con- RECORD, as follows: facts that are too familiar for families sensus for major decisions by this [From the New York Times, May 1, 2001] affected by disabilities such as autism. body. It should be equally apparent in WASHINGTON TALK; DEMOCRATS READYING FOR The child, Luke, experienced severe be- this circumstance that the filibuster JUDICIAL FIGHT havioral issues in public and at home. did its job. A large minority of this (By Neil A. Lewis) His parents sought advice from the body viewed Judge Gorsuch as too ex- President Bush has yet to make his first best sources available to create the treme for the Supreme Court, and that nominee to a federal court and no one knows most effective atmosphere for him to minority blocked cloture on his nomi- whether anyone will retire from the Supreme make progress in school. Ultimately, nation. There was no national emer- Court this summer, an event that would lead they recognized the public school Luke gency, no danger, no serious con- to a high-stakes confirmation battle.

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.330 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2407 Nonetheless, the Senate’s Democrats and courts, especially the 13 circuit courts that However, several professors who worked Republicans are already engaged in close- increasingly have the final word on some of closely with Gorsuch during the period in quarters combat over how to deal with the the most contentious social issues. How the which he produced much of the work in ques- eventual nominees from the Bush White federal bench is shaped in the next four or tion said the hints and allegations against House. Democrats in particular are trying to eight years, scholars say, could have a pro- the judge are nonsense. show some muscle as they insist that they found effect on issues like affirmative ac- ‘‘[I]n my opinion, none of the allegations will not simply stand aside and confirm any tion, abortion rights and the lengths to has any substance or justification,’’ Oxford nominees they deem right-wing ideologues. which the government may go in aiding pa- University’s John Finnis said in a statement ‘‘What we’re trying to do is set the stage rochial schools. made available to the Examiner. ‘‘In all four and make sure that both the White House Mr. Bush is expected to announce his first cases, Neil Gorsuch’s writing and citing was and the Senate Republicans know that we batch of judicial nominees in the next sev- easily and well within the proper and accept- expect to have significant input in the proc- eral days, and it is likely to include several ed standards of scholarly research and writ- ess,’’ Senator Charles E. Schumer, New staunch conservatives as well as some ing in the field of study in which he was York’s senior Democrat, said in an inter- women and members of minorities, adminis- working.’’ view. ‘‘We’re simply not going to roll over.’’ tration officials have said. Among those Mr. Georgetown University’s John Keown, who Forty-two of the Senate’s 50 Democrats at- Bush may put forward to important federal reviewed Gorsuch’s dissertation, said else- tended a private retreat this weekend in appeals court positions are such conserv- where in a statement: ‘‘The allegation is en- Farmington, Pa., where a principal topic was atives as Jeffrey S. Sutton, Peter D. Keisler, tirely without foundation. The book is me- forging a unified party strategy to combat Representative Christopher Cox of California ticulous in its citation of primary sources. the White House on judicial nominees. and Miguel Estrada. The allegation that the book is guilty of pla- The senators listened to a panel composed The first group of nominees, which may giarism because it does not cite secondary of Prof. Laurence H. Tribe of Harvard Law number more than two dozen, is part of an sources which draw on those same primary School, Prof. Cass M. Sunstein of the Univer- effort to fill the 94 vacancies on the federal sources is, frankly, absurd. sity of Chicago Law School and Marcia R. bench while the Republicans still control the Indeed, the book’s reliance on primary Greenberger, the co-director of the National Senate. rather than secondary sources is one of its Women’s Law Center, on the need to scruti- But it remains unclear if there will be a many strengths.’’ nize judicial nominees more closely than Supreme Court vacancy at the end of the Further, actual attorneys disagree that ever. The panelists argued, said some people court’s term in July. Speculation on possible Gorsuch plagiarized anything. who were present, that the nation’s courts retirements has focused on Chief Justice ‘‘People unfamiliar with legal writing, or were at a historic juncture because, they William H. Rehnquist and Justices Sandra even writing, may be unfamiliar with how ci- said, a band of conservative lawyers around Day O’Connor and John Paul Stevens. But in tations work,’’ Attorney Thomas Crown ex- Mr. Bush was planning to pack the courts recent days, associates of Justice O’Connor plained Wednesday.’’ When I cite to a case or with staunch conservatives. have signaled that she wants it known that statute, if I am quoting verbatim, I give a di- ‘‘They said it was important for the Senate she will not retire after this term. rect quotation, with apostrophes and every- to change the ground rules and there was no thing, and then the source. If I am summa- obligation to confirm someone just because [From the Washington Examiner, Apr. 5, rizing, sometimes even using the same they are scholarly or erudite,’’ a person who 2017] words, I follow with the direct citation. The attended said. THAT GORSUCH PLAGIARISM STORY IS BOGUS Bluebook, which is the legal style Bible, is Senator Tom Daschle of South Dakota, the (By T. Becket Adams) for law reviews and some appellate and trial Democratic leader, then exhorted his col- Supreme Court nominee Neil Gorsuch is courts, and has more specific rules. leagues behind closed doors on Saturday not a plagiarist, according to the woman ‘‘I mention this because this is standard morning to refrain from providing snap en- from whom he has been accused of lifting across numerous fields, not just law, and dorsements of any Bush nominee. One senior materials. only illiterates . . . are shocked,’’ he added. Democratic Senate staff aide who spoke on ‘‘I have reviewed both passages and do not ‘‘Different field with different standards and the condition of anonymity said that was be- see an issue here; even though the language forms; but even most academics believe that cause some people still remembered with an- is similar. These passages are factual, not a good synopsis with citation isn’t plagia- noyance the fact that two Democratic sen- analytical in nature, ‘‘Abigail Lawlis Kuzma, rism.’’ ators offered early words of praise for the who serves as chief counsel to the Consumer In conclusion, he wrote, ‘‘I don’t want to nomination of Senator John Ashcroft to be Protection Division of the Indiana Attorney ruin a perfectly good five-minute hate, but attorney general. General’s office, said in a statement made this isn’t even close to plagiarism.’’ Senators Robert G. Torricelli of New Jer- available to the Washington Examiner. Mr. GRASSLEY. After a brief time in sey and Joseph R. Biden Jr. of Delaware ini- Her remarks came soon after two reports tially praised the Ashcroft selection, imped- alleged Tuesday evening that President the majority, Senate Democrats were ing the early campaign against the nomina- Trump’s Supreme Court nominee had ‘‘cop- back in the minority in 2003—so ap- tion. Both eventually acceded to pressure ied’ passages in his 2006 book, ‘‘The Future of proximately 2 years after they had this and voted against the nomination. Assisted Suicide and Euthanasia.’’ The re- strategy. It was at that time the Sen- The current partisan battle is over a par- ports alleged he also lifted material for an ate Democrats began an unprecedented liamentary custom that Republicans are academic article published in 2000. and systemic filibuster of President considering changing, which governs wheth- The charge, which involves Gorsuch re- George W. Bush’s circuit court nomi- er a senator may block or delay a nominee peating medical terms and not original con- from his home state. Democrats and Repub- cepts or ideas, is weak, at best. nees. licans on the Judiciary Committee have not ‘‘[The similar] passage are factual, not an- Then the tables turned. President resolved their dispute over the ‘‘blue-slip alytical in nature, framing both the tech- Obama was elected, and Republicans policy’’ that allows senators to block a nical legal and medical circumstances of the held the Senate minority. At that nominee by filing a blue slip with the com- ‘Baby/Infant Doe’ case that occurred in time, even though many of us did not mittee. 1982,’’ Kuzma explained. ‘‘Given that these like the idea of using the filibuster on On Friday, Senator Patrick J. Leahy of passages both describe the basic facts of the Vermont, the ranking Democrat on the Judi- judicial nominees, we also recognized case, it would have been awkward and dif- that we could not have two sets of ciary Committee, and Mr. Schumer sent a ficult for Judge Gorsuch to have used dif- letter to the White House signed by all com- ferent language.’’ rules—one for Republican Presidents mittee Democrats insisting on a greater role BuzzFeed was first to report on the simi- and one for Democratic Presidents. in selecting judges, especially given that the larities between Gorsuch and Kuzma. It pub- Our party defeated two nominees for Senate is divided 50–50 and that the Repub- lished a story Tuesday headlined, ‘‘A Short the lower courts by filibuster and de- licans are the majority only because Vice Section in Neil Gorsuch’s 2006 Book Appears nied cloture to three of President President Dick Cheney is able to break any To Be Copied From A Law Review Article. Obama’s nominees to the DC Circuit tie. Politico followed suit publishing a story ti- Senator Trent Lott of Mississippi, the Re- tled, ‘‘Gorsuch’s writings borrow from other Court of Appeals. But the other side publican leader, told reporters today that he authors.’’ did not appreciate being subject to the believed ‘‘some consideration will be given Other newsrooms, including the Huffington rules that they first established and to Democratic input, but I don’t think they Post, Business Insider and New York maga- started using in 2003 to filibuster should expect to name judges from their zine, moved quickly to repeat the charges judges. So at that point, in 2013, they state.’’ against Gorsuch. decided to change the rules of the Sen- Mr. Lott said he expected that Democrats Politico bolstered its charge with quotes ate. might slow the process but, in the end, would from multiple academic experts, including not block any significant number of nomi- Syracuse University’s Rebecca Moore How- By the way, they changed the rules nees. ard, who, interestingly enough, is quite open by breaking the rules. I say that be- Behind all the small-bore politics is the about supporting former President Barack cause the rules of the Senate say it sweeping issue of the direction of the federal Obama. takes a two-thirds vote to change the

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.101 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2408 CONGRESSIONAL RECORD — SENATE April 6, 2017 rules of the Senate, but they changed Senate rules to change the Senate to this vote, which will take place to- it by a majority vote. Now at that rules, I spoke on the floor. morrow afternoon. time, as we all know, Majority Leader I concluded my remarks this way. So I had a conversation with one of my Reid changed the rules for all Cabinet I want to quote myself: Democratic colleagues yesterday after- nominations and lower court nominees. So the majority has chosen to take us noon as we were leaving the Capitol To say that my colleagues and I were down this path. The silver lining is that Building. This is a person with whom I disappointed is a gross understate- there will come a day when the rolls are re- have worked on issues and for whom I ment. versed. When that happens, our side will have great regard. I asked him how he The majority claimed that they left likely nominate and confirm lower court and was doing, and he said: Well, OK. I am Supreme Court nominees with 51 votes, re- intact the filibuster for Supreme Court gardless of whether the Democrats actually just getting ready for the United nominees. But my view back in 2013, buy into this fanciful notion that they can States Senate to be forever changed. when they did that, was that the dis- demolish the filibuster on the lower court I paused for a moment, and I said: tinction Majority Leader Reid drew be- nominees and still preserve it for the Su- How can it be that two reasonably in- tween lower court nominees and Su- preme Court nominees. telligent Senators of good will can look preme Court nominees was not a mean- That is what I said when Reid took at the same factual situation and see it ingful one. My view, in 2013, was that that extraordinary step. So though I so differently? I think my colleague did Majority Leader Reid had effectively am extremely pleased that we will con- agree that, indeed, the situation we eliminated the filibuster for both lower firm such an exceptional nominee to have is what has led us to our pro- court nominees and the Supreme the Supreme Court in the next day or ceedings today. Court. so, I am, of course, disappointed with I do believe my colleagues on the Here is the reason. There are two cir- what we were forced to do to get it other side of the procedural issues cumstances where this issue might done. Sadly, I cannot say I am sur- today are people of good will who are conceivably arise: either you have a prised. I think my surprise, or the fact trying to do the right thing by their Democrat in the White House and a that I can’t be surprised—you can tell country on this issue, just as I have Democrat-controlled Senate or you it from what I said back there, what I been. have a Republican in the White House just quoted from the 2013 speech that I Let’s look first of all at the can- and a Republican-led Senate. gave. didate himself, and then I might take a In the first, there was a Democrat in I knew when Majority Leader Reid moment or two to talk about what we the White House and the party led by did it in 2013 that this is where we were have already done. That decision has Leader Reid and Leader-in-Waiting headed. That is where we ended earlier been made. Let’s talk about Neil SCHUMER was in the majority. If for this afternoon. But the bottom line is Gorsuch, about this outstanding future some extraordinary reason Senate Re- that you cannot have two sets of rules. Supreme Court Justice who I believe publicans chose to filibuster the nomi- You cannot clothe yourself in the tra- will be sworn in tomorrow or the next nee, there is no question that a Major- dition of a filibuster while simulta- day. ity Leader Reid or a Majority Leader neously conducting the very first par- Is Neil Gorsuch qualified? Really, can SCHUMER would change the rules. tisan filibuster of a Supreme Court anyone contest that he is highly quali- Now, I do not believe that this par- nominee in history. You cannot de- fied? He is perhaps one of the most ticular circumstance would ever arise, mand a rules change only when it suits qualified people ever to have been nom- because our side does not believe in the Democratic Members of this body. inated by a President for the High filibustering Supreme Court nominees. You just can’t have it both ways. You Court. He has degrees from Columbia, I have never voted to filibuster a Su- can’t use the Senate rules as both a Harvard Law, and Oxford University. preme Court nominee, not once. I think shield and a sword. But I must say, the He has received the American Bar As- I have a pretty good sense of the rest of one thing that does not disappoint me sociation’s highest rating, the gold our caucus. Our side just does not be- is this: The nominee to take Justice standard that we look at when it comes lieve in it. It is not much more com- Scalia’s seat is eminently qualified. He to judging nominees for the Federal plicated than that simple common- will apply the law faithfully without bench up to and including the High sense statement I just made. respect to persons. He is a judge’s Court. He served for 10 years with dis- Of course, even if for some extraor- judge. Come some time tomorrow, we tinction on the Tenth Circuit Court of dinary reason our side did choose to fil- will all start calling him Justice Appeals. Clearly, he has got the quali- ibuster a Supreme Court nominee, we Gorsuch. fications, and clearly, he is among that do not have to speculate as to whether I yield the floor. group of qualified individuals that the the other side would have changed the I suggest the absence of a quorum. President promised to look at back precedent with respect to the Supreme The PRESIDING OFFICER (Mr. during the campaign and promised to Court. Last year, when everyone BLUNT). The clerk will call the roll. send that type of individual over to the thought that Secretary Clinton was The legislative clerk proceeded to Supreme Court. I really don’t think going to win the election, their own call the roll. there is much that can be said to con- Vice-Presidential candidate said that Mr. WICKER. Mr. President, I ask tradict the fact that Neil Gorsuch is they would change the rules if they unanimous consent that the order for qualified and highly qualified. needed to if we had a Republican fili- the quorum call be rescinded. So now let’s ask if Neil Gorsuch is buster. The PRESIDING OFFICER. Without somehow out of the broad judicial Then, of course, the other cir- objection, it is so ordered. mainstream. Again, I think it is clear cumstance where this issue would arise Mr. WICKER. Mr. President, I rise to that, based on his history, based on his is what we have seen this very day—a express my strong support for Judge testimony, and based on his rulings up Republican in the White House and a Neil Gorsuch, to say that I will proudly until now, he is part of the broad judi- Republican-controlled Senate. We saw vote in favor of his confirmation to- cial mainstream that will put him in this very day that the minority was morrow, and to express my confidence good company on the Supreme Court willing to take that last step and en- that history will judge this nominee to and makes him a worthy successor to gage in the first partisan filibuster in be an outstanding Associate Justice of Justice Scalia. U.S. history. the Supreme Court. I hope he serves a First of all, he has earned the praise As I have repeatedly discussed, be- long and distinguished career and be- of both conservatives and liberals. He cause they were willing to do it with a lieve he will. I think Justice Neil has even won the endorsement of Presi- nominee as well-qualified as Judge Gorsuch will turn out to be a credit to dent Obama’s former Acting Solicitor Gorsuch, it proved, without a shadow the Supreme Court, to the President General, who wrote in the New York of a doubt, that they would filibuster who nominated him, and to the Senate Times, ‘‘If the Senate is to confirm any one submitted by this Republican that will confirm him tomorrow. anyone, Judge Gorsuch who sits on the President. That is why, on the day that It is unfortunate that we have had U.S. Court of Appeals for the Tenth Majority Leader Reid took that un- quite a bit of discussion about proce- Circuit in Denver should be at the top precedented action in 2013 to break the dure and the process that has gotten us of the list.’’ So thank you to the

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.338 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2409 former Acting Solicitor General for issue. I felt comfortable making the and then we’ve got an agenda that we going beyond ideology and political Presidential election largely about need to tend to for our people. philosophy and saying a true state- what the Supreme Court would look I am encouraged by the exchange of ment that Judge Gorsuch is out- like over the coming years. the first early steps of goodwill after standing and should be at the top of There is no question about it, the this divisive process. Indeed, there was the list. American people got to decide in No- an article in one of our publications Editorial boards across the country vember of 2016 whether they would like today that talked about a healthy feel- have touted Judge Gorsuch’s creden- a judge in the mold of Justice Scalia ing now in both caucuses, that we have tials and temperament. The Denver whose seat we were trying to fill or got to put this procedural episode be- Post, his hometown newspaper, wrote would they like a judge in the mold of hind us, this crisis behind us and legis- an editorial praising his ability to Judge Garland who President Obama late. apply the law fairly and consistently. was seeking to put in place. So I make I am glad to hear that sort of bipar- Of course, there has been newspaper no apology for saying to the American tisan talk coming from the other side after newspaper from the right and left people, You get to decide in this Presi- of the aisle. Another of my friends across this country who come down on dential year what sort of Supreme across the aisle said, ‘‘We’re not look- this side of the issue saying that Judge Court you want. The American people ing for dilatory procedures,’’ he said. Gorsuch should be confirmed. made that decision, and I am com- ‘‘When there are things where we can Let’s look also—and this has been fortable with that. work together, we’re looking for that.’’ pointed out so often that you wonder if I was asked today by several mem- I am encouraged—even encouraged you should say it again, but Judge bers of the press about the change in that my friend who I was talking to Gorsuch on the Tenth Circuit has par- the rules that I voted for today. It is yesterday afternoon will conclude that ticipated in 2,700 cases, he has written not a situation that makes me overly we have not forever changed the Sen- over 800 opinions, and has been over- joyed. It is not my idea of a good time ate in a negative way, that we are, in ruled by the Supreme Court one time. to overrule a precedent and to sub- fact, back to where we were before 2003 Is this a judicial radical? I think not. stitute another one in its place. You and getting things done. I think this is someone who is dem- would rather not do that if you are a In the end, this is about an individual onstrated to be in the judicial main- U.S. Senator; but the fact is that it who is qualified. It is about a vacancy stream—one reversal by the Supreme puts us back into a place that we were that needs to be filled. I for one am Court out of 800 written decisions and for 200 years in this Republic. highly comfortable that the President, 2,700 votes cast on panels with the From the beginning of this Senate, in Neil Gorsuch, has put forth an out- Tenth Circuit. He has almost always 1789 through 1889, through 1989, up to standing, eminently qualified judge been in the majority some 99 percent of and including 2003, there was no fili- and that he will serve us well. My vote the panels he served on, he was in the buster at all on Supreme Court Jus- tomorrow in favor of confirmation will majority of those opinions, and 97 per- tices. There was no partisan filibuster be cast enthusiastically and proudly, cent of those decisions were unani- at all in Supreme Court Justices, and and I think that it will stand the test mous. This is hardly some radical pick no judge had ever been denied his posi- of time. as some might have suggested. tion because of a partisan filibuster at I thank the Presiding Officer very Has the process been unfair? We have any level—Federal judge, circuit level, much, and at this time, I yield the heard a lot about this. A lot of my dear or Supreme Court. floor. friends on the other side of the aisle That changed in 2003, and with the I suggest the absence of a quorum. feel aggrieved for sure. They feel that Miguel Estrada nomination, our Demo- The PRESIDING OFFICER. The Judge Garland, the nominee of Presi- crat friends stopped a qualified judge clerk will call the roll. dent Obama in 2016, was treated un- from going on the Federal appeals The legislative clerk proceeded to fairly. I would simply make this obser- court. That was the beginning of an un- call the roll. vation, and the American public can fortunate 14-year experiment in judi- Mr. RUBIO. Mr. President, I ask decide if this was unfair. cial filibusters. It is not a filibuster unanimous consent that the order for This is a vacancy that came up dur- that I think—it is not a precedent or the quorum call be rescinded. ing a heated, hotly contested Presi- experiment that I think this Senate The PRESIDING OFFICER. Without dential year. There is really no doubt can be very proud of, but it took place objection, it is so ordered. that, under similar circumstances, had over a relatively short period of time Mr. RUBIO. Mr. President, tomorrow the roles been reversed and had a Re- over 14 years, and it ends it today. morning or tomorrow afternoon at publican tried to nominate a nominee As of today, the U.S. Senate is back some point, we will, I believe, vote to in the last year of his 8-year term, that where it was for over 200 years in the confirm Judge Gorsuch to be a Justice a Democrat majority in the Senate history of this Senate and the history to the U.S. Supreme Court. There is so would have done exactly as we did. of our Republic without the ability to much that has been said about him and I am not guessing when I say this be- stop a judge on a partisan filibuster. In his qualifications. I have been listening cause the Democratic leaders of pre- fact, this fact cannot be contradicted. to the speeches all week. Even headed vious years have said as much. No less There has never been in the history of to the committee hearing, I think so than Joe Biden—who was a former our country, even in this past decade much had been said about him. This is chairman of the Judiciary Committee and a half of having the possibilities of a mainstream candidate. This is a and later on became Vice President for a Supreme Court filibuster, there has mainstream judge. He is someone who 8 years—no less than Joe Biden said ex- never been a Supreme Court nominee voted with the majority 99 percent of actly the same. It almost became the in the history of our republic stopped the time during his time on the bench. Biden rule. Republican Presidential by a partisan filibuster. He is someone who 97 percent of the nominees taken up during the final Today that 225-year or so precedent time, in 2,700 cases, was a part of rul- year of a term will not be considered would have ended had we not acted to ings that were unanimous. He most by a Democratic Senate. So the shoe change the rules back to where we are certainly, I believe, is someone who be- was on the other foot, and we acted the back to fundamental principles. I was lieves the Constitution should be inter- same. not willing to see Judge Neil Gorsuch preted according to its original intent So we will leave it up to the Amer- be that first nominee stopped by a par- of the writers, but he is certainly not ican people to decide whether Judge tisan filibuster in the history of our someone outside the mainstream of Garland was treated unfairly. I do not country. I was simply not willing to do American legal thinking, and he is cer- believe he was. As a matter of fact, I that. tainly eminently qualified. It is inter- felt very comfortable during 2016 say- We now must proceed to the rest of esting in that you see a broad array of ing that who fills a Supreme Court seat our business. We will confirm Judge individuals come forward and talk is so important, such a significant and Gorsuch tomorrow. I think he will about his qualifications. long-lasting decision, that the Amer- serve well. Then we have work to do. I also thought it was interesting that ican people deserve to be heard on this We have other nominees to consider, there really was no coherent reason for

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.340 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2410 CONGRESSIONAL RECORD — SENATE April 6, 2017 opposing him. There are a lot of dif- were not even elected by people. Of is all on the Democrats, although I ferent opinions on the floor that claim course, that changed. I am not saying most certainly have had quarrels over he would not commit to certain deci- we should go back, but that is the way some of the decisions that have been sions that people would like to see him it was. made by the other side of the aisle. I make on the Court. That would be true That Senate was also unique because think it is a moment to be honest and of virtually everyone who has been it had this tradition of unlimited de- say that we all have brought us here to nominated to the Court over the last bate. When a Senator got up to speak, this point, both sides, and it has re- quarter century. they got to debate as long as they quired us to do this. There is no doubt that he is someone wanted, and no one could stop them. The reason I was ultimately able to who has certain beliefs and views about Then, at some point, that began to get vote for the change today is that I am the Constitution that are reflective of a little bit abused, so they created a convinced that no matter who would the President’s party, but that is what rule that required a supermajority, and have won the Presidential election and elections are about. Obviously, the that supermajority was further wa- no matter which party would have con- great people whom President Obama tered down. Then we arrive here, over trolled this Chamber, that vote was appointed reflected his thinking. That the last 4 years, to see what has hap- going to happen. Both sides were going is our system. pened. to do this because we have reached a A lot of the attention, though, in this Basically, what happens now is that point in our politics in America where debate has been about the process that there are two ways to stop debate, what used to be done is no longer pos- brought us here. There has been tre- which is as a result of a procedure that sible, and that has ultimately found its mendous consternation about the was undertaken on the floor first by way onto the floor of the U.S. Senate. change that no longer would there be a Senator Reid when he was the majority Rules are rules, and ultimately the requirement of 60 votes in order to end leader and now by the majority leader Republic will survive the change we debate. I think a lot of people have a today on what is called the Executive have seen here today. I think the more fundamental misunderstanding of what Calendar, where there are nominations troubling aspects are the things that has happened and how we have gotten for the Cabinet, Ambassadors, the sub- have brought us to this point. here, and I thought it was important Cabinet, courts, and now the Supreme A couple of days ago, while at a for the people of Florida and others Court. No. 1 is by unanimous consent, lunch with my colleagues, I said that who may be interested to know how I when everybody agrees to it, or, No. 2, one of the things, I think, we are going approached it, because it was some- through 51 votes, a majority vote. to have to accept is that, quite frankly, thing that I am not excited about or I think that is problematic in the the men and women who served in this gleeful about or happy about. I would long term, not because of Judge Neil Chamber before us—20, 30 years ago— say that is probably the sentiment of Gorsuch, for I believe that in any other were just better than we are. They most of the people here in the Senate. era and at any other time, he would were human beings who, quite frankly, Yet it happened anyway. not have just gotten 60 votes or even had deeply held beliefs. I do not know I saw a cartoon by one of these edi- unanimous consent to stop debate; I of any Member of this Chamber who torial cartoonists; I am not quite sure think he would have gotten 60-plus was more conservative than Barry who it was. It had this picture of both votes, maybe 70 votes, to be on the Goldwater or Jesse Helms. I do not sides basically saying: This is terrible, Court. I think it is problematic because know any Member of this Chamber who but we are going to do it anyway. we do not know who is going to be the was more progressive or liberal than I think it is important to understand, President in 15 years or what will be first and foremost, about the Senate. It Hubert Humphrey or Ted Kennedy or the state of our country. Yet, by a sim- is unique. There is no other legislative others. Yet somehow, despite their ple majority, without talking to a sin- body like it in the world. Unlike most deeply held principles, these individ- gle person or getting a single vote from legislative institutions, it does not uals were able to work together to pre- the other party or the other point of function by majority rule. It actually vent what happened here today. view, they are going to be able to The fact is, for both sides, that is not requires a supermajority to move forward. That was by design; it was not an nominate and confirm and place some- possible anymore. Today, our politics accident. one on the bench of the Supreme require us to use every measure pos- The people—the Founders, the Fram- Court—to a lifetime appointment to a sible, even if it is for symbolic pur- ers—created a system of government in coequal branch of government—with- poses. That is just the way it is. That which they wanted one branch of the out even consulting with the other is more of a reflection of our political legislature to be very vibrant, active, side. I think, long term, that is prob- process than it is of the Senate. representative of the people. They rep- lematic—in the case of Neil Gorsuch, I have seen these articles that have resent districts, and they have 2-year not so much, but for the future of our been written of ‘‘the end of the Senate’’ terms. Then they created another country, I think it could be problem- or ‘‘the death of the Senate.’’ It is a lit- Chamber which was different in nature. atic. tle bit of an exaggeration, but I think At the time, the U.S. Senate was de- The argument has been made that it is actually just reflective of the fact signed, first of all, to represent the this has never been used before, so all that this is the way politics has be- States. Where the House was the peo- of the stuff brings us back to where we come, that as a nation today, we are ple’s House, the Senate was the place once were. I think technically that is less than ever capable of conducting a the States were represented. accurate, but this is not exactly where serious debate about major issues in The other thing they wanted to de- we once were. Where we once were was the way we once were able to do. I sign was a place that was at some level that there were people who worked think everyone is to blame. possibly immune from the passions of here who understood they had the I think the way politics is covered is the moment. They wanted a place power to do this. They got it. They un- to blame. Today, most articles on the where things would slow down for a derstood that if they had wanted to, issues before us are not about the moment, where we would take a deep they could have forced the 60 votes. issues before us; they are about the breath and make sure we were doing They understood they had the power to politics of the issues before us. Today, the right thing. It was a wise course. do it, but they chose not to exercise it. most of the work that is done in this Our Republic is not perfect, but it They chose to be judicious because Chamber and in the other Chamber has has survived for over two centuries. In they understood that with the power, more to do with the messaging behind the process, it has given us the most there comes not just the power to act it than it does with the end result of dynamic, most vibrant, and, I believe, but sometimes the power not to act, to where it will lead us. That is just the the most exceptional Nation in all of be responsible, to reserve certain pow- honest fact. human history. While not perfect, the ers for extraordinary moments when it Before people start writing or Senate has been a big part of that en- truly is required. And over the years, it blogging: Well, look at all of these deavor. has been abused. other times when the Senator from By the way, at the time, Senators This is not going to be a speech Florida—when I did some of these were elected by the legislature; they where I stand up here and say that this things—I admit it. I do not think there

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.341 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2411 is a single person here with clean hands more fundamental challenge that we point where people are saying, I am on any of this. I admit that I have been face today in American politics, and just tired of constantly fighting with involved in efforts that, looking back that we better confront sooner rather other Americans. We will have dif- on some of these things, perhaps, if we than later, and that we should all con- ferences and we will debate them. knew then what we know now, we front with the understanding and the Thank God that we have been given a would have done differently. I think it knowledge that none of us come to it republic where we have elections every is important in life to recognize and with clean hands. 2 years and where we can have these learn from those experiences and to We were reminded again this week by debates. But, in the interim, whether adapt them to the moment before us. the images that emerged from Syria of we like it or not, none of us is going I think, moving forward, the biggest what a dangerous world we live in, and anywhere. challenge we will face in the country is we are reminded that the threats re- The vast and overwhelming of major- that our issues are not going to solve main. ity of Americans will live in this coun- themselves. They will require people I ask people tonight—no matter who try for the rest of their lives. This is from very different States, very dif- you write for, who you blog for, what their home and this is their country. ferent backgrounds, and very different political party you are a member of, or We are going to have to figure out how points of view to be able to come to- whom you vote for in November—to to share and work together in this gether and solve some pretty big deals. ask yourself a question and to be hon- unique piece of land that we have been It is ultimately not about silencing est about the answer. If, God forbid— blessed with the opportunity to call people or having them compromise and I mean this, God forbid—there home. If we don’t figure out a way to their principles but about acknowl- were another 9/11-style attack on the do that soon enough, then many of edging that in our system of govern- United States, how would we honestly these issues that confront America will ment, we have no choice but to do so. react? Because September 11 was a go unsolved, and not only will our peo- We have no choice. scary day, and on that day I remember ple pay a price and our children pay a I think it also requires us to take a there weren’t Democrats or Repub- price, but the world will pay a price. step back and understand that the peo- licans. Everyone was equally fright- So I know that is a lot to say about ple who have a different point of view ened and everyone was equally an- a topic as simple as a rule change and than ours actually believe what they gered. There was a sense of unity and ultimately a vote for the Supreme are saying. They hold it deep, and they purpose that we had not seen in a long Court, but I really think it exposed represent people who believe what they time and have not seen since. something deeper about American poli- are saying. I say this as someone who I honestly believe, sadly, that if tics that we had better confront sooner will admit that, in my time of public today there were another 9/11-style at- rather than later, or we will all live to service, perhaps I have not always ap- tack on America, one of the first regret what it leads to, and that is the plied that as much as I wish I had. I try things we would see people doing is decline of the single greatest Nation in to. You certainly live and learn when blaming each other, saying whose fault all of human history. you get to travel the country and meet it was. You will have some people say- With that, I yield the floor. The PRESIDING OFFICER. The Sen- as many people as I did over the last ing: Well, this terrorist attack hap- ator from South Carolina. couple of years. I certainly think that pened because President Obama didn’t CONGRATULATING THE UNIVERSITY OF SOUTH impacts us profoundly. do enough to defeat the terrorists. And CAROLINA WOMEN’S BASKETBALL TEAM ON I have a deeply held belief in limited others would say: It happened because WINNING THE NATIONAL BASKETBALL CHAM- government and free enterprise and a the Republicans and the new President, PIONSHIP strong national defense and the core President Trump, has not done enough, Mr. GRAHAM. Mr. President, on a principles that define someone as a or has done things to provoke them. I more upbeat note, the lady Gamecocks conservative. But I have also grown to honestly believe that. I think that is are national champions. appreciate and understand the people what the debate would look like. I hope On April 2, this past Sunday, the Uni- who share a different point of view— I am wrong. versity of South Carolina women’s bas- perhaps not as much as I hope to one Just think about how far we have ketball team beat Mississippi State 67 day be able to understand and respect come in almost 20 years, 15 years. That to 55 to end a magical season and be- it, but certainly more than I once did, is the kind of debate I believe we would come the national champions. simply because the more people you have. Think about how destructive This is a magical year for the State meet, the more you learn about them, that is. of South Carolina. We have the and the more you learn and understand I also think we would see a plethora Clemson Tigers, who are the national where they are coming from. of crazy, fake stories about what was football champs. Coastal Carolina Uni- Are we capable as a society to once behind it. And here is the craziest part: versity is the College World Series title again return to a moment where people Some very smart and educated people holder for baseball. Now we have the who have different ideas can somehow would believe those stories because we lady Gamecocks as the national try to figure out how to make things have reached the point now where con- champs and in women’s basketball. better, even if the solutions are not spiracies are more interesting than Dustin Johnson is the No. 1 golfer in perfect? I hope so, because the fate of facts. America, who hurt his back today and the most important country in human I know that people may see this and had to withdraw from the Masters. So history is at stake. Are we capable of say: Oh, I think you are exaggerating. that was bad. once again having debates, not that Maybe, I hope so. But I honestly think This was a great year. I went to the aren’t vibrant and not that from time that we are headed in a direction that University of South Carolina. I still to time people may say things or even is actually making us—not us the Sen- have 4 years of eligibility in all sports do things that they may regret, but ate, but us, Americans—incapable of for a reason: I was no good. My col- certainly ones that at the end of the confronting problems. league who is here actually played col- day are constructed for the purpose of I will just say this. What I really lege football, and we are both Game- solving a problem, not winning an elec- hope will happen soon is that we are cocks fans. tion. I hope so, because if we don’t, we going to get tired of fighting with Coach Dawn Staley came to South will have to explain to our children other Americans all the time, that we Carolina in 2008. She has been on three why we inherited the greatest country will finally get fatigued with all of this gold medal national championship in human history and they inherited constant fighting against other Ameri- teams as a player. She is now in the one that is in decline. cans. Americans are not your enemies. Hall of Fame for basketball and is one I don’t mean to exaggerate, because Quite frankly, I hope we have no en- of two African-American female head ultimately this is a rule change. We emies anywhere in the world, other coaches to win the national title in don’t vote on the Supreme Court every than vicious leaders, and we hope to be women’s basketball. She is the real day, every week, every month. Some- a part of seeing taken them out of deal. She is a wonderful lady. times we don’t vote on it for long peri- power at some point for the horrible A’ja Wilson, our dominating junior ods of time. But I think it exposes a things they do. I hope we will reach a forward, was the MVP for the Final

VerDate Sep 11 2014 01:49 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.342 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2412 CONGRESSIONAL RECORD — SENATE April 6, 2017 Four and SEC player of the year, and Mr. SCOTT. What State are you South Florida. So we are very, very first team All American. All the girls from, sir? proud of what he has achieved. But played really, really hard. Mr. RUBIO. Florida. what I am most proud of is the way The men’s basketball team made it Mr. SCOTT. In what part of Florida Coach Martin has been able to influ- to the Final Four and lost in a very were you born and raised? ence those young men. tough contest. I could not be more Mr. RUBIO. South Florida. He did defeat the Florida Gators to proud of the University of South Caro- Mr. SCOTT. Have you had any rela- make it to the final four, and I was not lina men’s basketball team. tionship with the coach before, Sen- happy about that. But I would say Frank Martin, the men’s basketball ator? this—and I have said it to others—if coach, is the National Coach of the Mr. RUBIO. I have. Coach Martin is a the Florida Gators had to lose, I would Year. good friend, and I think a testament to want it to be to Frank Martin because This is a special time in South Caro- how much Florida has to contribute to of the extraordinary work he does. So I lina. If you are a Gamecocks fan, you South Carolina. can’t wait to see which Florida univer- have been long suffering for a while, Mr. SCOTT. Having been there when sity hires him away. and our ship finally came in. you were in South Florida, I would say Thank you. So congratulations to the lady Game- we made a big contribution to you too. Mr. SCOTT. Before Senator RUBIO cocks. I can’t wait until next year. We Mr. RUBIO. I would say to the Sen- walks off the floor, having had the op- always say that with a sense of dread, ator from South Carolina, South Caro- portunity to listen to him over a num- but I can’t wait until next year for lina has gotten better results for Frank ber of years, he is eloquent. He is in- South Carolina, Clemson, and every Martin than it did for me. But we are spiring. Sometimes he is just dead other sports team in South Carolina. very proud of Coach Martin. I would wrong. Coach Martin will be staying at We are doing something right. I don’t just add that, given the litany of ath- the University of South Carolina, with- know what it is, but we are all grateful letic success this year by the State of out any question at all. in South Carolina. South Carolina, I find that to be highly Let me put the suspicions to rest. I yield to my colleague, who actually suspicious. I know I just spoke about The reality of it is that good teams are played college football, and I don’t conspiracy theories, but statistically, made up of good recruiting. The fact think he has any eligibility left be- it is very unlikely that a State would that we have great recruiters in the cause he was good. have that many championships. I am State of South Carolina is indicative of The PRESIDING OFFICER. The Sen- not calling for a congressional inquiry, the fact that we have a lot of titles in ator from South Carolina. but I think it is an interesting topic of our State. Mr. SCOTT. Mr. President, just in conversation. So I will be praying for the Senator’s the very few spaces that are left after Mr. SCOTT. Mr. President, if my col- State to succeed during the hurricane we finish chatting about our great league will yield, I would note that season, without any question, and to be State and the great season our school Senator GRAHAM did have clarity in his consistently behind the State of South had, there are two things I want to purpose of identifying the fact that the Carolina in every athletic event in note. No. 1, Coach Frank Martin: coach State has only 4.7 million people in a which we have a competition, wherever of the year, a fantastic person, a great country of 330 million people, and we there is a competition. communicator, a strong, disciplined have been able to secure the No. 1 golf- Mr. RUBIO. I was going to say, I am coach. It is very hard to misunderstand er, that is true; the No. 1 baseball not going to invoke that rule. what he is saying. team, that is true; and the No. 1 foot- Mr. SCOTT. Rule XIX. Coach Staley: Absolutely, positively, ball team in all of the Nation, Clemson Mr. RUBIO. I think it is a good op- unequivocally the best women’s bas- University, that is true; and now the portunity to say nothing—but con- ketball coach, in my opinion, ever, women’s basketball champions, and gratulations, and we will be back. against UCONN—ever. Dawn Staley, 20 that is true as well. However, I would Mr. SCOTT. In a decade. Thank you. years ago, came within a single point point out that we were able to show The PRESIDING OFFICER. The Sen- of winning a national championship as you a wonderful experience as well in ator from Oklahoma. a player. Can you just imagine being a the State of South Carolina, and I hope Mr. LANKFORD. Mr. President, I single point short? And this must feel that one day when you retire from poli- have listened over the last several like redemption for our coach. tics, you and your lovely wife will join weeks to accusations and a type of We are so proud of the fact that both us and become a South Carolinian smear campaign, quite frankly, of a of our coaches are producing student yourself. Perhaps then, and only then, good judge and a good man: Neil athletes, learning academically, striv- will you be a successful football coach. Gorsuch. ing on courts but prepared for life, for You have a promising career in poli- It is remarkable to me to see that living. So we are excited about that. tics, but I know that you love and have the debate has become more about I want to note as well that there have passion for football, and perhaps when character destruction than it has been only been 10 times in NCAA history—10 you retire, you too will be a national about policy differences. I understand times—that both the women’s and the champion football coach. there are policy differences, but why men’s basketball teams from the same Mr. RUBIO. That is highly unlikely. does it have to come to this? school were in the Final Four at the But in all seriousness—— In the past few weeks, I have heard same time. Mr. SCOTT. I am serious—— on this floor that Neil Gorsuch It is a good time to be a South Caro- Mr. RUBIO. I do want to restate that shouldn’t be a Justice on the Supreme linian. Frank Martin is really an extraor- Court because he has no independence The PRESIDING OFFICER. The Sen- dinary person. Much more, Senator from President Trump. ator from Florida. SCOTT and I both had a chance to inter- No. 2, I have heard he was hand- Mr. RUBIO. Mr. President, I have a act with him on a number of occasions. picked by far right groups like the Fed- question for the Senator from South I don’t mean to single them out among eralist Society, a group of legal minds Carolina. It is very important. all of the other suspicious athletic ac- committed to the original interpreta- Is the Senator aware that Frank complishments in South Carolina that tion of the Constitution—clearly, a Martin, an incredible coach for the are certainly worth noting, but I would scandalous group of radicals. men’s basketball team is from Miami, say, with Frank, one of the things that I have heard that Judge Gorsuch sup- FL? really impresses me is not what he does ports torture, he is against privacy, he Mr. SCOTT. I am aware of that. And with these young men on the court but hates truckers, he will step on the lit- that is relevant to you how? the kind of influence he is in their lives tle guy, he will help only big corpora- Mr. RUBIO. I just wanted you to off the court and the impact he has. tions, he is just not mainstream, and I know. He was a high school coach in Miami have heard that he shouldn’t be se- Mr. SCOTT. Will the Senator yield and won State championships there. He lected because he was not approved for a question? comes from a hard-working family of first by the Democratic Senate leader- Mr. RUBIO. I will. Cuban exiles who made their home in ship.

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.344 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2413 All of these reasons have been given in what they put out as far as agency percent of the time his cases were set- for a historic change in Senate tradi- rulings, not allowing the White House tled unanimously, and 99 percent of the tion not to give a Supreme Court Jus- or any agency to just make any deci- time he voted with the majority. tice an up-or-down vote. Block him on sion they like. He continued writing: Lest you don’t know the Tenth Cir- a procedural motion; for the first time Maybe as troubling, this line of reply in- cuit as we know the Tenth Circuit in ever, block a Supreme Court Justice on vites a nest of questions even taken on its Oklahoma, because it is the circuit a procedural motion with a partisan own terms. Chevron says that we should court for our State, the majority of the vote. infer from any statutory ambiguity judges on the Tenth Circuit are judges Let me take these one at a time as I Congress’s ‘‘intent’’ to ‘‘delegate’’ its ‘‘legis- selected by President Carter, President walk through this. lative authority’’ to the executive to make Clinton, and President Obama. They No. 1, I heard constantly that he is ‘‘reasonable’’ policy choices. But where exactly has Congress expressed this intent? hold the majority in the Tenth Circuit. not independent enough from President So to say that he voted with them in Trump. As far as I know, he had never Trying to infer the intentions of an institution composed of 535 members is a notori- the majority 99 percent of the time even met President Trump before. This ously doubtful business. would be to say that the Carter, Clin- didn’t seem to be a standard, to be In all the accusations that he is not ton, and Obama appointees also appar- independent from the current sitting independent of the President, in one of ently had these radical ideas. It is just President. his most famous opinions, he declares not consistent with the facts. Let me give an example: Justice Then I have heard of late that the Elena Kagan, who is clearly qualified that we absolutely need to have inde- President should have engaged with as a legal mind, but I would say Repub- pendence from the White House—of any Senate leadership on both sides of the licans have serious policy differences White House—and have a clear separa- aisle to be asked for their approval of with her. Justice Kagan was allowed to tion of powers between judiciary, legis- the nominee before that nominee was have an up-or-down vote. This body did lative, and executive. That actually not have a standard that they had to be does not stand up to simple muster. So ever brought. Well, I don’t know if that independent from the President. If they the first thing falls: no independence has ever been a requirement. There had a standard like that, Justice from the President. have been times that Presidents in the Kagan would have never been on the The second issue which came up past have had conversations with peo- bench. Why do I say that? often was that he was handpicked by ple on both side of the aisle. Fine, but On May 10, 2010, President Obama far-right groups. There were all these it is certainly not a requirement of the nominated Elena Kagan to be an Asso- groups that handpicked him, so some- Constitution, and it certainly doesn’t ciate Justice of the Supreme Court. how that made it horrible that these preclude a nomination. From 1997 to 1999, she served as Deputy different groups would actually try to It is interesting to me that Judge Assistant to the President for Domes- support him. Gorsuch offered to meet with 100 Sen- tic Policy and was Deputy Director of I go back to Justice Kagan. Again, ators one-on-one, face-to-face. Only 80 the Domestic Policy Council for Presi- that wasn’t the standard at that time, of them accepted his offer; 20 of them dent Clinton. In 2009, she was con- and I could use numerous judges refused to even meet with him face-to- firmed Solicitor General of the United through that process. Elena Kagan was face. He did 4 days of hearings in the States for President Obama. She supported by the AFL–CIO, by the Judiciary Committee, 4 solid, long worked for President Obama in the Human Rights Campaign, by numerous days, where he answered every possible Obama White House as his Solicitor environmental groups like WildEarth question he could answer. General and then was taken directly Guardians, Sierra Club, and the Na- He has had extensive background out of the White House and put on the tional Organization for Women. She checks. Everyone has gone through Supreme Court. had a lot of different liberal or progres- every piece of everything they could I would say that is not independent sive groups that were very outspoken find that has ever been written. In fact, from the President. So this mytho- in support of and helping to push her the latest new accusation is they found logical new standard that any Court nomination. a couple of places where what he wrote Justice nominee needs to be inde- There is nothing wrong with that. seemed to look strangely like some- pendent from the President clearly She was a nominee who was actively thing else someone else wrote—which, wasn’t in place when Elena Kagan was engaged in White House politics; she when I saw it and read the side-by-side being heard. was actively engaged in Democratic on it, I thought: He forgot to do an an- It is also interesting to me that one campaigns. Before that, as far as work- notation and a footnote in the 800 opin- of the most talked about decisions ing for the Dukakis campaign, she was ions he has written. In the tens of from Judge Gorsuch was a Chevron de- a Democratic activist, and it was well thousands of annotations that he did, cision that he put out. The whole crux known. That did not preclude her from he didn’t do a couple of them. Some- of that decision was the independence getting an up-or-down vote for the Su- how that doesn’t seem to rise to the of the executive branch, the legislative preme Court because she is sitting on level that he shouldn’t be on the Su- branch, and the judicial branch. Let me the Supreme Court today. There was preme Court—that in the tens of thou- just read a few paragraphs from the de- no cloture vote mandate or require- sands of annotations he put there, he cision he wrote. He wrote this: ment for a 60-vote threshold as there might have missed a couple. For whatever the agency may be doing was pushed by this minority. I would challenge anyone serving in under Chevron, the problem remains that This issue that somehow you can’t be this body, to say: You can serve only if courts are not fulfilling their duty to inter- handpicked or that having some groups you have never missed a single foot- pret the law and declare invalid agency ac- that would support you from the out- note on any paper you ever wrote. I tions inconsistent with those interpretations side somehow precludes you from being would say: Those who live in glass in the cases and controversies that come before them. A duty expressly assigned to them a serious consideration is not legiti- houses probably shouldn’t throw stones by the APA [Administrative Procedures Act] mate, and everyone knows it. because we have all had times like and one often likely compelled by the Con- I have also heard individuals out that. stitution itself. That’s a problem for the ju- there saying that he is for torture, he He is a solid jurist. I believe he will diciary. And it is a problem for the people is against privacy, he hates truckers, do a good job. In the time I sat down in whose liberties may now be impaired not by he will step on the little guy, he is only his office, we looked at each other face- an independent decisionmaker seeking to de- for big corporations, and he is not to-face, and I went through multitudes clare the law’s meaning as fairly as pos- mainstream. of hard questions with him, trying to sible—the decisionmaker promised to them by law—but by an avowedly politicized ad- Here is the problem: When you actu- determine his judicial philosophy, ministrative agent seeking to pursue what- ally look at the history, it is very dif- seeking one simple thing: Will you in- ever policy whim may rule the day. Those ferent from that. Of the 2,700 cases that terpret the law as the law—not with problems remain uncured by this line of Judge Gorsuch has been involved in, in personal opinion but as the law. reply. the 101⁄2 years he has been on the Tenth This body is about opinions. This In other words, the judiciary needs to Circuit, he has been overturned in his body is about listening to the voices all have oversight of the executive agency opinions once—once in 2,700 cases; 97 across our States and trying to make

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.345 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2414 CONGRESSIONAL RECORD — SENATE April 6, 2017 good policy. Across the street at the U.S. history has a purely partisan fili- votes, there is actual precedent for the Supreme Court, it is about one thing: buster killed a Supreme Court nomina- position we took last year on President What does the law say and what did it tion. Never before, in the history of our Obama’s Supreme Court nominee. mean when it was written? country, has a partisan filibuster killed Former Vice President Biden, former The Constitution and law were not a district judge nomination. Never be- Minority Leader Reid, and many other living documents. They do live in the fore, and until 2003, has a partisan fili- Members of both parties have agreed sense that if you want to make changes buster killed a circuit judge nomina- that the political theater of a Presi- in the Constitution, you amend the tion. Mr. President, 2003 was the first dential election year should not influ- Constitution and you make changes to time in our history that the rules of ence the process. it. You can’t suddenly say it meant one the Senate were used in a purely par- The last time a Justice was nomi- thing one day but culture has changed tisan way to stop a judicial nomina- nated and confirmed by a divided gov- and now it means something new. tion. ernment in a Presidential election year If you need new law, this body passes In 2003, the Democratic Party threw was 1888. Clearly, there is more than new law. Across the street, they read out over 200 years of precedent when it 100 years of precedent for the position the law and ask: What does it mean? It comes to circuit judge nominees and we took last year in not giving advice is that straightforward. killed a circuit judge nomination. and consent. I look forward to having a jurist on Today they attempted to do the same We took a position that was con- the Supreme Court as an Associate thing when it comes to a nominee to sistent with more than 100 years of ac- Justice who says: I may not even like the highest Court in the United States. tions and comments from Members of all my opinions and you may not like It should be noted Republicans did both parties. Let’s just get over that. all my opinions, but I am going to fol- not attempt to do this to either Justice This year stands on its own, independ- low the law, and what the law says is Sotomayor or Justice Kagan when they ently. The time for debate on this issue what we are going to do. were nominated by President Obama a has come and gone. I think that is the best we can ask few years ago. Throughout our history, Furthermore, it is obvious that what from a Supreme Court Justice, and I even the most controversial Supreme is at issue here is not Judge Gorsuch’s think it is a fair way to be able to get Court nominees have gotten an up-or- qualifications. In 2006, Judge Gorsuch him an up-or-down vote. I have to tell down vote, a simple majority vote. On was confirmed to the Tenth Circuit you, I am profoundly disappointed that that note, I also wish to point out Court of Appeals by a voice vote in this the Senate, to get a simple up-or-down there is no longstanding rule or tradi- body with no opposition. Again, no op- vote, had to go through all of this just tion that a Supreme Court nominee position on the floor of the U.S. Sen- to be able to do what we have always must obtain 60 votes to be confirmed. ate, just 10 years ago. done. Regardless of background or pref- Judge Clarence Thomas was con- Then-Senator Biden did not object, erences or policy or politics, this body firmed by a narrow 52-to-48 margin. then-Senator Reid did not object, then- has always said the President, for his Even though a single Senator could Senator Clinton did not object, and, nomination, should get an up-or-down have required 60 votes to invoke clo- yes, then-Senator Obama did not ob- vote when they go through the process. ture, and none did. Likewise, Justice ject. Twelve current Members of this We are going to do that tomorrow. Samuel Alito was confirmed by a 58-to- body, including the current senior Sen- We will put Judge Gorsuch on the 42 margin. Again, no Senator required ator from New York, the senior Sen- bench, and we are ready for him to go 60 votes to invoke cloture. Neither of ator from Illinois, the senior Senator to work. those nominees were filibustered to from California, did not object to Mr. President, I yield back. death. They got an up-or-down vote. Judge Gorsuch’s confirmation in 2006. I suggest the absence of a quorum. Mainstream media outlets have re- It is a simple fact, they had the op- The PRESIDING OFFICER. The peatedly fact-checked the minority portunity to raise an objection, and clerk will call the roll. party on this. For example, last week they did not do it. It is obvious that The senior assistant legislative clerk the Washington Post said: ‘‘Once again: what is going on here has nothing to do proceeded to call the roll. There is no ‘traditional’ 60-vote ‘stand- with Judge Gorsuch’s qualifications. Mr. PERDUE. Mr. President, I ask ard’ or ‘rule’ for Supreme Court nomi- What is at issue is nothing but pure, unanimous consent that the order for nations, no matter how much or how unadulterated politics. the quorum call be rescinded. often Democrats claim otherwise.’’ This is exactly why I ran for the U.S. The PRESIDING OFFICER. Without Even PolitiFact has repeatedly Senate, having never been involved in objection, it is so ordered. pointed out that ‘‘Gorsuch, like all politics. This is what makes people Mr. PERDUE. Mr. President, it is other Supreme Court Justice nominees, home very nervous about the gridlock humbling to be on the floor of the U.S. needs only a simple majority to be con- in this body. This is why President Senate with colleagues like Senator firmed by the Senate.’’ Trump still cannot meet with his full LANKFORD from Oklahoma. It is an Clearly, outside of this body, it is Cabinet today, months after he was honor to listen to his words, to his recognized in the media, and on both sworn in as our President. This is the heart, on an issue like today because sides of the aisle for that matter, that very cause of gridlock that I believe is this is, I believe, a historic day. there is no such thing as a 60-vote causing the dysfunction in Washington. On January 31 of this year, I had the standard when it comes to the nomina- As I said, Judge Gorsuch was con- great honor of being invited to the tion and confirmation of Supreme firmed unanimously by voice vote with White House when President Donald Court Justices. no opposition in 2006. Judge Gorsuch is Trump announced his nominee for As- Additionally, the notion that the mi- a principled jurist who is steadfast in sociate Justice of the U.S. Supreme nority party filibustering Judge his commitment to defending and up- Court, Judge Neil Gorsuch. It was a Gorsuch’s confirmation is the same as holding the Constitution. professional rollout of this nomination, our not allowing a vote last year, that In my private meetings with him, I but it spoke more to the man, the indi- logic doesn’t hold up. have been very impressed that this is vidual, Judge Gorsuch, than it did to Last year, I joined many of my col- his starting and finishing point: He is the circumstance surrounding it. leagues on the Senate floor in explain- there to interpret the law, not to be an Today, I want to again discuss Judge ing why we felt it best not to give ad- activist for his own personal opinion. Gorsuch’s nomination and the 200-plus vice or consent on the nomination of a He boasts a unanimous seal of approval years of historical precedent put on the Justice to the Supreme Court during a from the gold standard, the American line today. As an outsider of this polit- Presidential election year. The integ- Bar Association. ical process, it is clear to me what is rity of the process, clearly outlined in Throughout his extensive career in going on here. It really has nothing to article II, section 2, of the Constitution both the public and private sectors and do with Judge Gorsuch. was at stake. It was about the prin- through hour after hour of testimony, The minority party today abandoned ciple, not the individual. Unlike the ar- Judge Gorsuch has demonstrated an 230 years of tradition because of poli- gument that it is tradition for a Su- impartial commitment to the rule of tics, in my opinion. Never before in the preme Court nominee to receive 60 law. This is another area in which legal

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.347 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2415 minds from both sides of the aisle Our last President, according to con- tions myself, I know they are not al- agree. stitutional law professor Jonathan ways easy. But I will tell you, it is a Harvard Law School Professor Noah Turley, created a constitutional crisis. whole lot better for this institution Feldman, himself no conservative, It was caused by shutting down the and our country when we figure out called it a ‘‘truly terrible idea’’ to try Senate and creating the fourth arm of ways to work together—in this case, to to force Judge Gorsuch, or any judge government, the regulators, and continue a Senate tradition of allowing for that matter, to base their decisions threatening the very balance of our up-or-down votes. on the parties involved. Beyond a shad- three-branch system. It allowed the I like to work across the aisle. I have ow of a doubt, I know that Judge former President, through regulatory done that through my career. I can Gorsuch fully understands that the job mandates and Executive orders, to ba- point to 50 bills I authored or co-au- of a judge is to interpret, not make, sically fundamentally change the di- thored that have become law in the the law. rection of the country without Con- last 6 years. They were bipartisan, by As he himself said, ‘‘A judge who gress. definition, because they got through likes every result he reaches is very Given this threat to the Constitu- this body and were signed into law by likely a bad judge, reaching for results tion, at this point in our history, we President Obama. I have voted for he prefers rather than those the law absolutely need a jurist on the Su- President Obama’s nominees before compels.’’ preme Court who will bring a balanced President Trump. When President This commitment to impartiality, view and impartial commitment to the Obama had a well-qualified judge here regardless of those involved in indi- rule of law. It is imperative we confirm on the floor, I voted for that judge. I vidual cases, is further evidence his Judge Neil Gorsuch tomorrow—a prin- voted for Loretta Lynch. That was not nomination should be confirmed rather cipled, thoughtful jurist—to the U.S. an easy vote. I took heat for it back than filibustered to death like we have Supreme Court. home because I thought she was well- seen today. If we can’t confirm this individual, qualified. I think that is what we ought Judge Gorsuch’s record is evidence who is absolutely in the middle of the to do in this body. enough that he is an impartial judge profile agreed to by past Democrats I am disappointed in the situation we committed to the Constitution. The op- and Republicans alike, who in the are in. I think we could have followed position has said he is outside the world will we ever be able to confirm? more than 200 years of Senate tradition mainstream. That also doesn’t hold up. Seriously, if we can’t get together on and not allowed for a partisan fili- In 97 percent of his 2,700 cases, judges this individual, who is in the main- buster to try to block this nomination. who also heard the cases unanimously stream in the middle of the profile? We chose not to do that in this body. ruled with Judge Gorsuch. In 99 per- How in the world are we ever going to Never in the history of this body has cent of his cases, he was not a dis- save Social Security, Medicare, all the there been a successful partisan fili- senting vote. The other side is con- other critical issues that are before buster of a Supreme Court judge— sistent in saying he is not mainstream. this body? Bipartisan compromise is never. Some of my colleagues said: Seriously? How much more main- what this body was built on. I call on How about Abe Fortas? That was sev- stream does he have to be? my colleagues to put self-interest and eral decades ago, and that was bipar- To that point, Judge Gorsuch has even party interest aside for the Na- tisan. Abe Fortas was a Supreme Court drawn praise from both liberals and tion’s interest. Justice who had some ethics issues, conservatives alike. Former President I count it an honor to be in this body. and he actually dropped out of trying Obama’s Acting Solicitor General It is a sobering responsibility, but I am to get the nomination because of it. called Judge Gorsuch ‘‘an extraor- very optimistic when men or women of But never have we stood up as Repub- dinary judge and man.’’ the character of a Neil Gorsuch are licans—or stood up as Democrats—and He is not alone in that assessment of willing to go through this grueling ex- blocked a nominee by using the fili- Judge Gorsuch. Mainstream media out- ercise that we put them through in buster. It has just not been the tradi- lets across the country have praised order to serve. Because of that, I am tion. this nominee to the Supreme Court. proud tonight to be a part of a major- Instead, it has been to allow an up- Recently, the USA Today Editorial ity that stood up and precluded this or-down vote—a majority vote. There Board wrote: ‘‘Gorsuch’s credentials from happening. are two Justices on the Supreme Court are impeccable . . . he might well show I am so excited that tomorrow we right now who got confirmed with less the independence the nation needs at will confirm Judge Neil Gorsuch as the than 60 votes. One is Clarence Thom- this moment in its history.’’ next Associate Justice to the United as—probably the most controversial The Washington Post’s Editorial States Supreme Court. nominee in the last couple of decades, Board wrote: I yield back my time. I would say. I wasn’t in the Senate We are likely to disagree with Mr. Gorsuch The PRESIDING OFFICER (Mr. then, but I was watching it, as many of on a variety of major legal questions. That is YOUNG). The Senator from Ohio. you were. It was certainly controver- different from saying that he is unfit to Mr. PORTMAN. Mr. President, I rise sial, yet he got to the Court with 52 serve. today to express my strong support votes. Justice Alito was confirmed by The Wall Street Journal Editorial again for Judge Neil Gorsuch. I spoke 58 votes only 10 years ago. So these Board wrote: ‘‘No one can replace on the floor the other day about Judge nominees were not filibustered. Antonin Scalia on the Supreme Court, Gorsuch. I just heard my colleague By the way, President Obama’s nomi- but President Trump has made an ex- from Georgia talk about him, and he nees, Elena Kagan and Justice cellent attempt by nominating appel- did a terrific job. Sotomayor, were not filibustered by late Judge Neil Gorsuch as the ninth This guy, Neil Gorsuch, is the right Republicans. They were given an up-or- justice.’’ person for the job. He is qualified. He is down vote. In the history of the Sen- As I have noted, the minority party’s smart and he is fair, and a bipartisan ate, 12 nominations have been defeated move to filibuster Judge Gorsuch is not majority of the Senate will vote for on the floor, but, again, never a suc- rooted in any actual precedent in the this worthy candidate tomorrow. Let cessful partisan filibuster. Even Judge U.S. Senate. It also clearly has nothing me underscore that. A bipartisan ma- Robert Bork—some of you remember to do with Judge Gorsuch himself. By jority of the Senate will vote for this that nomination. It was very con- any and all objective measure, he is a worthy candidate tomorrow. He will troversial. His nomination was de- mainstream, well-qualified nominee to end up getting on the Court. feated in 1987. He was a Reagan ap- the U.S. Supreme Court. I must tell you that I regret that pointee. But he wasn’t filibustered. That is a point agreed upon by lib- some of my colleagues on the other They had an up-or-down vote, and he erals and conservatives alike. Yet here side of the aisle refused to provide him was voted down. we are still today throwing out almost that up-or-down vote without going So what are these objections to 230 years of tradition, purely because of through the process we had to go Judge Gorsuch that would rise to that politics. This body must rise above the through today. As someone who has level where we want to say that over self-manufactured gridlock. gone through two Senate confirma- 200 years of Senate tradition ought to

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.348 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2416 CONGRESSIONAL RECORD — SENATE April 6, 2017 be shunted aside and we ought to stop of different parties. In the case of his watched my colleagues spend long days wor- this man? What are those objections? I circuit court, there is Judge Paul rying over cases. Sometimes the answers we must say that I have listened to the Kelly, who was appointed by President reach aren’t ones we would personally prefer. George H.W. Bush. There have also Sometimes the answers follow us home and floor debate and talked to some of my keep us up at night. But the answers we colleagues on the other side of the been several of his colleagues who were reach are always the ones we believe the law aisle. I made my case. They made their appointed by President Bill Clinton. requires. case. I just don’t see why this man is Judge Gorsuch even mentioned in his Interesting perspective. He is saying: not qualified. He was a law clerk for testimony that he was on judge panels. Hey, if you like all your decisions, you two Supreme Court Justices. He served He presided with Judge William Hollo- are probably not a very good judge be- way, who was appointed by President in the Justice Department and had a cause your personal beliefs aren’t al- Lyndon B. Johnson. So these three- distinguished career there. He was also ways going to be consistent with what judge panels tend to have judges that a successful lawyer in the private sec- the law says or the Constitution says. tor. And of course, he has been a Fed- were appointed by Republicans and He goes on to say: Democrats alike—97 percent of the eral judge for a decade. So we can look I’ve ruled for disabled students, for pris- at his record. time unanimous. And 98 percent of the oners, for the accused, for workers alleging My colleague from Georgia just time, his decisions were in the major- civil rights violations, and for undocumented talked about that record. It is why the ity. immigrants. Sometimes, too, I’ve ruled American Bar Association—a group not So again, I think the odds are pretty against such persons. My decisions have known to be a conservative body—de- good that we are going to agree with never reflected a judgment about the people Judge Gorsuch a lot more than we dis- before me, only a judgment of the law and cided that he was ‘‘well qualified.’’ the facts at issue in each particular case. They unanimously declared him to get agree when we look at his cases. He is Again, it seems to me that is the their highest rating of ‘‘well qualified.’’ a consensus builder. He is a guy who figures out how to come to a decision kind of person you want on the court. This is what they said about him. They Making a decision as a judge is not said: people agree with on different sides of the aisle, and from different points of about ruling in favor or against some- Based on the writings, interviews, and view. That is what his record his. Actu- body because you like them or don’t analyses we scrutinized to reach our rating, like them. It is about applying what we discerned that Judge Gorsuch believes ally, that doesn’t surprise me at all, strongly in the independence of the judicial because he clerked in the Supreme the law says. As he said in his testi- branch of government, and we predict that Court for two Justices. One was Byron mony recently, his philosophy is ‘‘to he will be a strong but respectful voice in White and the other was Justice An- strive to understand what the words on protecting it. thony Kennedy. Those are two Justices the page mean . . . [to] apply what the That is why the American Bar Asso- who get a lot of heat. Byron White did, people’s representatives, the law- ciation gave him their highest rating. and Anthony Kennedy does—from both makers, have done.’’ That is us. That is Not qualified? By the way, nobody ob- sides. Why? Because they tend to be in the House. That is people who are jected—nobody—for any reason, to his the middle. They write a lot of deci- elected back home by the people who nomination to serve as a Federal judge, sions that are consensus decisions. expect us to be the elected representa- to be a circuit court judge, a level right They tend to be that fifth vote on a 5- tives and to listen to their concerns below the Supreme Court, back in 2006. to-4 decision. That is whom he clerked and then vote. Those laws should not Not a single Senator objected. By the for. be rewritten by the judiciary. That is way, those Senators included Senator To note that somehow this guy the approach he takes. I would think Hillary Clinton, Senator Barack shouldn’t be confirmed for the Supreme any legislator would want to ensure Obama, Senator Joe Biden, and a num- Court because of one or two decisions the laws we pass are applied as written. ber of Senators, of course, who are still just doesn’t seem to be legitimate to Much more importantly, that is what here today with us, who chose to fili- me. This is a guy who had thousands of people want too. That is what people buster this nomination. So I don’t decisions, and the vast majority were should insist on. We want our votes to know. 98 percent or 97 percent unanimous. He count. We want our voices to be heard. President Lincoln warned in his first I heard some of my colleagues talk had one decision that was appealed to inaugural address that if judges legis- about some of his decisions. They have the Supreme Court because the liti- late from the bench, ‘‘the people will picked one or two of his decisions as gants must have thought he was wrong. They took it to the Supreme Court to have ceased to be their own rulers.’’ judge over the past 10 years and said ‘‘The people will have ceased to be they didn’t like the outcome, and that correct him. What happened? The Su- preme Court affirmed it. They agreed their own rulers’’ if judges legislate is why he is not qualified to sit on the from the bench. Supreme Court. I have a couple of con- with Judge Gorsuch. I don’t know whom you could find I think President Lincoln was right. cerns with that argument. One, Judge out there among judges who has a When judges become legislators, the Gorsuch has decided over 2,700 cases. I stronger record. In every case, some- people do have less of a voice. Judge am sure we can all find one or two of body wins and somebody loses. I get Gorsuch himself summed it up. He said: these we didn’t like. That is true for that. Think about this: Out of Judge ‘‘If judges were just secret legislators, any judge. As I said, I voted for a num- Gorsuch’s 180 written opinions, only declaring not what the law is but what ber of President Obama’s nominees, one has ever been appealed to the Su- they would like it to be, the very idea and I voted against others based on the preme Court—wow. And they agreed of government by the people and for merits and based on their qualifica- with his ruling. the people would be at risk.’’ I think tions. It didn’t mean I agreed with He made it clear he makes decisions that is the deeper issue here. them—trust me—or disagreed with not based on the outcome he likes, but Again, I think he is the kind of judge them on everything. The odds are very based on what the law says. He thinks we should want. Judge Gorsuch and I good that you agree with Judge his job on the court for the last dec- had the chance to sit down and talk Gorsuch’s decisions a lot more than ade—and going forward—is to actually about this philosophy. We talked about you disagree with them. You know why look at the law and decide what the his background and his qualifications. I I say that? Because the odds are really law says and what the Constitution asked him some very tough questions, good that you agreed with them. Let’s provides, not what he wants. as he got asked during the Judiciary try 97 percent, because 97 percent is the I think that is the kind of judge we Committee nomination process. His number of his decisions that were would want—particularly those of us hearings were something that all unanimous with the other judges on a who are lawmakers, right? We are the Americans had the opportunity to three-judge panel. So 97 percent of the ones writing the laws. We would hope watch. He did a great job, in my view, time, his decisions were unanimous. that would be respected and that because he did focus on how he believes Who is on these three-judge panels? judges wouldn’t try to legislate. This is that his job is not to allow his personal Well, it is usually bipartisan in the what he said in his testimony: beliefs to guide him but, rather, up- sense that it is nominees who have A judge who likes every outcome he holding the law as written and the Con- been nominated by different Presidents reaches is very likely a bad judge . . . I have stitution.

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.349 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2417 I think that approach is a big reason TRIBUTE TO FREY TODD ered to your office, we plan to issue a news he has earned the respect of lawyers release to notify the public of this proposed Mr. MCCONNELL. Mr. President, sale. and judges from across the spectrum, today it is my privilege to celebrate by the way. If you look at the people Sincerely, the retirement of Frey Todd, the J.W. RIXEY, who say this guy is a great judge, it ‘‘Mayor for Life’’ of Eubank, KY. Vice Admiral, USN, Director. goes all the way across the political In the last census, Eubank was home Enclosures. spectrum. to fewer than 400 Kentuckians, but de- TRANSMITTAL NO. 16-80 Professor Laurence Tribe of Harvard spite their small number, the Eubank Notice of Proposed Issuance of Letter of Law School, an advisor to former community is proud of their town and Offer Pursuant to Section 36(b)(1) of the President Obama, said Judge Gorsuch their mayor. Arms Export Control Act, as amended is ‘‘a brilliant, terrific guy who would Since the 1960s, Todd has served his (i) Prospective Purchaser: Government of do the Court’s work with distinction.’’ community on the town board. He Kuwait. Those of you who know Laurence (ii) Total Estimated Value: spent 10 years as the chair of the board, Major Defense Equipment * $ 0 million. Tribe, he is well-regarded, considered and when Kentucky reorganized munic- Other $319 million. to be a liberal thinker on many issues. ipal governments in 1982 and the posi- Total $319 million. But he has looked at the guy, and he tion of mayor became available, he (iii) Description and Quantity or Quan- has looked at his record. He knows tities of Articles or Services under Consider- proudly was elected its first mayor. ation for Purchase: him. He says he is brilliant, terrific, And every 4 years since, Todd has been Non-MDE: Design, construction, and pro- and will do the Court’s work with dis- elected by his constituents to be their curement of key airfield operations, com- tinction. mayor. mand and control, readiness, sustainment, Neal Katyal—you have heard about Over his 35-year tenure as mayor, and life support facilities for the Al Mubarak him. He was the Acting Solicitor Gen- Todd has overseen major projects like Airbase in Kuwait. The U.S. Army Corps of eral for President Obama, a guy who the construction of the senior citizens Engineers (USACE) will provide project management, engineering services, technical knows a thing or two about arguing be- center and the Eubank Water System. fore the Supreme Court. He said Judge support, facility and infrastructure assess- In a small town like Eubank, the peo- ments, surveys, planning, programming, de- Gorsuch’s record ‘‘should give the ple and their government are almost as sign, acquisition, contract administration, American people confidence that he close as family. Throughout his entire construction management, and other tech- will not compromise principle to favor career, Mayor Todd has shown his pas- nical services for the construction of facili- the President who appointed him. . . . sion for his constituents, and they have ties and infrastructure for the airbase. The He’s a fair and decent man.’’ returned the affection. overall project includes, among other fea- This goes to what the ABA said about At the age of 82, Todd announced his tures, a main operations center, hangars, training facilities, barracks, warehouses, him: Independent. He will protect the retirement from public service. I would independence of the judiciary. support facilities, and other infrastructure like to join with all the people of required for a fully functioning airbase. Look, he is smart, no question about Eubank to thank him for his years of (iv) Military Department: U.S. Army Corps it. You saw him answer those ques- dedication and congratulate him on an of Engineers (USACE) (HBE). tions. You have seen his record. He is impressive career. (v) Prior Related Cases. if any: N/A. qualified, as we talked about. He is cer- (vi) Sales Commission. Fee, etc., Paid. Of- f tainly a mainstream judge, when you fered, or Agreed to be Paid: None. ARMS SALES NOTIFICATION (vii) Sensitivity of Technology Contained look at his opinions—98 percent of the in the Defense Article or Defense Services time in the majority, 97 percent of the Mr. CORKER. Mr. President, section Proposed to be Sold: None. time unanimous. Three-judge panels. 36(b) of the Arms Export Control Act (viii) Date Report Delivered to Congress: He has the support—the bipartisan sup- requires that Congress receive prior no- April 6, 2017. port—of a majority of the Senate. tification of certain proposed arms * As defined in Section 47(6) of the Arms Export Control Act. By the way, the American people, as sales as defined by that statute. Upon they have plugged into this, also think such notification, the Congress has 30 POLICY JUSTIFICATION he ought to be confirmed. There is a re- calendar days during which the sale Government of Kuwait—Facilities and Infrastructure Construction Support Service cent poll by the Huffington Post, which may be reviewed. The provision stipu- is not considered a conservative news- The Government of Kuwait has requested lates that, in the Senate, the notifica- possible sale for the design, construction, paper or entity. They said the people tion of proposed sales shall be sent to and procurement of key airfield operations, want us to confirm Neil Gorsuch by a the chairman of the Senate Foreign command and control, readiness, 17-point margin. Why? Because they Relations Committee. sustainment, and life support facilities for watched this. They looked at the guy. In keeping with the committee’s in- the Al Mubarak Airbase in Kuwait. The U.S. They saw the hearings. They looked at tention to see that relevant informa- Army Corps of Engineers (USACE) will pro- his record. People believe he is the tion is available to the full Senate, I vide project management, engineering serv- right person to represent them on the ask unanimous consent to have printed ices, technical support, facility and infra- Supreme Court. structure assessments, surveys, planning, in the RECORD the notifications which programming, design, acquisition, contract So, again, while I am disappointed have been received. If the cover letter administration, construction management, this process has become so polarized references a classified annex, then such and other technical services for the con- and divisive here in this body, I am annex is available to all Senators in struction of facilities and infrastructure for glad to see this good man take a seat the office of the Foreign Relations the airbase. The overall project includes, in our Nation’s highest Court. I believe Committee, room SD–423. among other features, a main operations he deserves our support. There being no objection, the mate- center, hangars, training facilities, barracks, I yield the floor. rial was ordered to be printed in the warehouses, support facilities, and other in- The PRESIDING OFFICER. The ma- frastructure required for a fully functioning RECORD, as follows: airbase. The estimated total cost is $319 mil- jority leader. DEFENSE SECURITY lion. f COOPERATION AGENCY, The proposed sale will contribute to the Arlington, VA. foreign policy and national security of the LEGISLATIVE SESSION Hon. BOB CORKER, United States by supporting the infrastruc- Chairman, Committee on Foreign Relations, ture needs of a friendly country which has U.S. Senate, Washington, DC. been, and continues to be, an important MORNING BUSINESS DEAR MR. CHAIRMAN: Pursuant to the re- force for political stability and economic Mr. MCCONNELL. Mr. President, I porting requirements of Section 36(b)(1) of progress in the Middle East. ask unanimous consent that the Sen- the Arms Export Control Act, as amended, The facilities being constructed are similar ate be in a period of morning business, we are forwarding herewith Transmittal No. to other facilities built in the past by 16–80, concerning the Army Corps of Engi- USACE in other Middle Eastern countries. with Senators permitted to speak neers’ proposed Letter(s) of Offer and Accept- These facilities replace existing facilities therein for up to 10 minutes each. ance to the Government of Kuwait for air- and will provide autonomous airbase oper- The PRESIDING OFFICER. Without base construction and services estimated to ations to the Kuwait Air Force. The new air- objection, it is so ordered. cost $319 million. After this letter is deliv- base will ensure the continued readiness of

VerDate Sep 11 2014 05:00 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.351 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2418 CONGRESSIONAL RECORD — SENATE April 6, 2017 the Kuwait Air Force and allow for the con- fortably?’’ The answer to that question causes, involves many corrupt actors, tinued education of current and future Ku- for too many Pennsylvanians is no. from government officials to business- wait Air Force personnel. The construction Looking at these facts, Philadelphia men, from law enforcement and mili- of this airbase will enable Kuwait to enhance took action and began exploring ways tary personnel to street gangs. Corrup- the operational effectiveness of its military and promote security and stability through- to expand access to saving for our tion is a system that operates via ex- out Kuwait. Kuwait will have no difficulty workers. Through these resolutions, tensive, entrenched networks in both absorbing this additional capability into its Republicans will severely undermine the public and private sectors. armed forces. the efforts of cities and States to ex- We know that corruption is the life- The proposed sale of this infrastructure pand access to retirement savings vehi- blood of Vladimir Putin’s Russia, and and support will not alter the basic military cles to the citizens by facilitating IRA it is the glue for his regime’s survival. balance in the region. retirement savings through private em- Parasitic at home, deeply corrupt re- USACE is the principal organization that gimes like Putin’s seek to enrich them- will direct and manage this program. USACE ployers. will provide services through both in-house The programs States and cities are selves, hollow out their own countries’ personnel and contract services. The esti- pursuing are simple, low-cost, and vol- institutions, and subvert rules-based mated number of U.S. Government and con- untary. Most would simply require democratic states abroad. An tractor representatives to be assigned to Ku- that employers that do not currently anticorruption platform run by opposi- wait to implement the provisions of this pro- offer a plan facilitate voluntary em- tion activist and aspiring, Presidential posed sale will be determined as a result of ployee contributions to an Individual candidate Alexei Navalny recently re- program definitization. Retirement Account. Our State and leased information uncovering four There are no known offset agreements pro- local governments are our idea incuba- mansions, an Italian vineyard, yachts, posed in connection with this potential sale. There will be no adverse impact on U.S. de- tors. Many of our States and cities, in- and other high-value assets reportedly fense readiness as a result of this proposed cluding Philadelphia, want to make it held by Prime Minister Dmitry sale. All defense articles and services listed easier for workers to save for retire- Medvedev. Anticorruption demonstra- in this transmittal are authorized for release ment. In repealing this guidance, Re- tions, in Moscow, St. Petersburg, and and export to the Government of Kuwait. publicans are hindering that effort. across the country in recent weeks re- f f flect the ongoing resistance of the Rus- H.J. RES. 66 AND H.J. RES. 67 sian people to government corruption. COMBATING GLOBAL CORRUPTION Hundreds were arrested. Prominent Mr. CASEY. Mr. President, the easi- ACT anticorruption activist Ildar Dadin, est way for workers to save the addi- Mr. CARDIN. Mr. President, this who has already spent over a year in tional money they need for retirement week, I introduced, along with Sen- prison for earlier protests, was among is through work-based retirement ators PERDUE, FEINSTEIN, RUBIO, those arrested. plans. When workers have access to BLUMENTHAL, COLLINS, MERKLEY, BOOK- Corruption feeds the destructive fire work-based plans, the vast majority of ER, and LEAHY, the Combating Global of criminal networks and transnational them choose to participate, but many Corruption Act of 2017. crime. Citizens lose faith in the social Americans do not work for an em- Global corruption is a fundamental compact between governments and the ployer that offers such a plan. Accord- obstacle to peace, prosperity, and people. In Venezuela, we have seen how ing to AARP, 55 million private-sector human rights. It is fueling rampant corruption has collapsed the workers ages 18 to 64 had no ability to transnational criminal networks and country’s economy, sparked a humani- save for retirement through an em- violent extremism, and combatting it tarian crisis, and produced chains of ployer-sponsored plan in 2013. Of those should be elevated and prioritized money laundering that span several workers, 2.2 million lived in Pennsyl- across our foreign policy efforts. continents. The ongoing crisis there vania I know my colleagues understand the now threatens to collapse the last few In response, numerous States and crucial importance of addressing cor- remnants of the rule of law. multiple cities have considered pro- ruption because it undermines public Corruption also fuels violence by se- grams that would give residents better confidence in government institutions curity forces. South Sudan’s access to retirement savings accounts, and fosters resentment and instability. kleptocrats have either failed to pay or and multiple States have already There is growing recognition across the delayed salary payments to their sol- passed laws putting such programs in United States and around the world diers who have in turn taken out their place: Our Republican colleagues are that corruption is a serious threat to rage on innocent civilians, attacking trying to nullify efforts by these States international security and stability. them, looting and burning their homes, and cities, rolling back their efforts to The countries and names might be dif- and engaging in other violent crimi- give their citizens better access to re- ferent, but the characteristics and the nality. tirement savings accounts. impact on innocent people are the We should take heart that in just the It is both surprising and dis- same. past 2 years, popular protests against appointing to see this opposition The bribery scandal surrounding the corruption have broken out in Iraq, mounted against a measure we should huge Brazilian construction firm Azerbaijan, Brazil, Guatemala, Hon- all be able to support—enhancing ac- Odebrecht has tarnished politicians duras, Lebanon, Malaysia, Moldova, cess to retirement savings. In under- and governments from Peru to Colum- and Venezuela. In Romania, efforts to mining these programs, Republicans bia to Mexico. Rampant corruption in weaken anticorruption laws there will be denying access to safe, low-cost oil-rich Angola is depriving children of prompted an estimated 500,000 pro- retirement savings vehicles. a quality education and contributing testers to take to the streets last A recent study looking at just the to the highest child mortality rate in month, even after the government re- city of Philadelphia found that roughly the world. While progress is now being pealed its decree, showing the degree to half of Philadelphia workers between made, extensive corruption in Afghani- which citizens are fed up with graft and the ages of 25 and 64 did not have ac- stan resulted in billions of dollars of determined to push back. These were cess to an employer-sponsored retire- assistance winding up in the pockets of the largest demonstrations since the ment plan at work. Further, 20 percent crooked elites. fall of communism. of Philadelphians over the age of 65 are The connections are clear: Where Some victims express their frustra- poor, compared to 9 percent nation- there are high levels of corruption, we tion through peaceful protest, but not wide; 30 percent of Philadelphians over find fragile states, political instability, all. The revolutions of the Arab Spring the age of 65 have incomes between 100 and people suffering from hunger and and Ukraine began, in part, as deter- and 200 percent of poverty. violence. mined anticorruption protests. One of the most important elements Corruption is a global problem, but In every country where protests of economic security for the middle its consequences take the harshest toll erupted in 2011, demonstrators con- class is retirement security. Millions of at the local level, and it is very tough demned the corruption of detested rul- Americans ask, ‘‘Will I have enough to fight. The problem of corruption, ing elites and demanded accountability money saved to retire and retire com- and the disruption and suffering it and the return of looted assets. These

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American (C) will tend to charge an individual with credibility to militant religious ex- taxpayers should know how our foreign a crime or misconduct, to disgrace or injure tremists and helps them gain recruits assistance is spent, and they should the professional standing of an individual, or and increasing footholds in Afghani- feel confident that we are doing the otherwise to expose an individual to public stan and Iraq to Pakistan, Central kind of risk assessments, analysis, and contempt or obloquy, or will represent a Asia, the Sahel, and West Africa. It oversight that ensure our assistance to clearly unwarranted invasion of privacy of may seem like a spurious example, but other countries is having the effect we an individual; (D) will disclose the identity of any in- it can be persuasive to a young Nige- want it to have. former or law enforcement agent or will dis- rian man whose sister was molested by Third, the bill consolidates informa- close any information relating to the inves- a teacher as the cost for attending tion about anticorruption efforts tigation or prosecution of a criminal offense school. abroad and puts it online, where citi- that is required to be kept secret in the in- Let’s be clear-eye. Any fight against zens can see the numbers and the pro- terest of effective law enforcement; corruption will be long-term and dif- grams. That kind of transparency is es- (E) will disclose information relating to ficult. It is a fight against powerful sential to open government, but in my the trade secrets or financial or commercial information pertaining specifically to a people, powerful companies, and power- experience, it also has the effect of given person if— ful interests. It is about changing a making us better at self-policing our (1) an Act of Congress requires the infor- mindset and a culture as much as it is work. We can use the data to capture mation to be kept confidential by Govern- about establishing and enforcing laws. redundancies and analyze trends, im- ment officers and employees; or As my colleagues and constituents proving our decisionmaking. (2) the information has been obtained by know, my attention has long been fo- I urge my colleagues to join me and the Government on a confidential basis, cused on fighting corruption. I intro- other than through an application by such the bipartisan cosponsors of this legis- person for a specific Government financial or duced the Global Magnitsky Human lation in this effort. The success of our other benefit, and is required to be kept se- Rights Accountability Act to target diplomacy, and the ultimate impact of cret in order to prevent undue injury to the human rights abusers and corrupt indi- our international security efforts de- benefit, and is required to be kept secret in viduals around the globe who threaten pend on it. order to prevent undue injury to the com- the rule of law and deny fundamental Thank you. petitive position of such person; or freedoms, but the problem is so big—we (F) may divulge matters required to kept f confidential under the provisions of law or simply have to do more. Government regulation. (Paragraph 5(b) of This is why this week I introduced JOINT COMMITTEE ON CONGRESS ON THE LIBRARY rule XXVI of the Standing Rules of the Sen- with bipartisan support the Combating ate.) Global Corruption Act of 2017 in the 3. Written notices of committee meetings will normally be sent by the committee’s U.S. Senate. RULES OF PROCEDURE We must meet the scale of en- staff director to all members at least 3 days trenched corruption with greater re- Mr. SHELBY. Mr. President, on April in advance. In addition, the committee staff solve and commitment. To do that, I 6, 2017, the Joint Committee of Con- will email or telephone reminders of committee meetings to all members of the com- believe we must focus on three things gress on the Library organized, elected a chairman, a vice chairman, and mittee or to the appropriate staff assistants which I will lay out in my legislation. in their offices. First, we must institutionalize the adopted committee rules for the 115th 4. A copy of the committee’s intended fight against corruption as a national Congress. Members of the Joint Com- agenda enumerating separate items of com- security priority. In my bill, the State mittee on the Library elected Con- mittee business will normally be sent to all Department will produce an annual re- gressman GREGG HARPER as chairman members of the committee by the staff direc- port, similar to the Trafficking in Per- and Senator RICHARD SHELBY as vice tor at least 1 day in advance of all meetings. chairman. Pursuant to rule XXVI, This does not preclude any member of the sons Report, which takes a close look committee from raising appropriate non- at each country’s efforts to combat paragraph 2, of the Standing Rules of agenda topics. corruption. That model, which has ef- the Senate, I ask unanimous consent 5. Any witness who is to appear before the fectively advanced the effort to combat that a copy of the committee rules be committee in any hearing shall file with the modern day slavery, will similarly printed in the RECORD. clerk of the committee at least 3 business embed the issue of corruption in our There being no objection, the mate- days before the date of his or her appearance, rial was ordered to be printed in the a written statement of his or her proposed collective work, so that we hold gov- testimony and an executive summary there- RECORD, as follows: ernments to account. of, in such form as the Chairman may direct, The bill establishes minimum stand- RULES OF PROCEDURE OF THE JOINT COM- unless the Chairman waived such a require- ards for combating corruption—stand- MITTEE OF CONGRESS ON THE LIBRARY— ment for good cause. 115TH CONGRESS ards that should be every government’s TITLE II—QUORUMS duty to its citizens. These include TITLE I—MEETINGS OF THE COMMITTEE 1. Pursuant to paragraph 7(a)(1) of rule whether a country has laws that recog- 1. Regular meetings may be called by the XXVI of the Standing Rules, 4 members of nize corrupt acts for the crimes they Chairman, with the concurrence of the Vice- the committee shall constitute a quorum. are—violations of the people’s trust— Chairman, as may be deemed necessary or 2. Pursuant to paragraph 7(a)(2) of rule and that come with serious penalties pursuant to the provision of paragraph 3 of XXVI of the Standing Rules, 2 members of rule XXVI of the Standings Rules of the Sen- the committee shall constitute a quorum for for breaking that trust; whether an ate. the purpose of taking testimony; provided, independent judiciary decides corrup- 2. Meetings of the committee, including however, once a quorum is established, any tion cases, free from influence and meetings to conduct hearings, shall be open one member can continue to take such testi- abuse; whether there is support for to the public, except that a meeting or series mony. civil society organizations that are the of meetings by the committee on the same 3. Under no circumstance may proxies be watchdogs of integrity against would- subject for a period of no more than 14 cal- considered for the establishment of a quorum. be thieves of the state. This bill aims endar days may be closed to the public on a motion made and seconded to go into closed TITLE III—VOTING to build anticorruption DNA into the session to discuss only whether the matters 1. Voting in the committee on any issue basic functions of government. enumerated in subparagraphs (A) through will normally be by voice vote. Second, the bill would improve the (F) would require the meeting to be closed 2. If a third of the members present so de- way we look at our own foreign and se- followed immediately by a recorded vote in mand, a recorded vote will be taken on any curity assistance, and promote more open session by a majority of the members of question by roll call.

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3. The results of the roll call votes taken in RULE 2.—REGULAR COMMITTEE MEETINGS least one week before the commencement of any meeting upon a measure, or any amend- (a) The regular meeting date of the Com- that hearing unless the Committee deter- ment thereto, shall be stated in the committee shall be the second Wednesday of mines that there is good cause to begin such mittee report on that measure unless pre- every month when the House and Senate are hearing at an earlier date. In the latter viously announced by the committee, and in session. A regularly scheduled meeting event, the Chairman shall make such public such report or announcement shall include a need not be held if there is no business to be announcement at the earliest possible date. tabulation of the votes cast in favor and the considered and after appropriate notification The staff director of the Committee shall votes cast in opposition to each measure and is made to the Ranking Minority Member. promptly notify the Daily Digest of the Con- amendment by each member of the com- Additional meetings may be called by the gressional Record as soon as possible after mittee. (Paragraph 7(b) and (c) of rule XXVI Chairman, as he may deem necessary or at such public announcement is made. of the Standing Rules.) the request of the majority of the members (b) So far as practicable, all witnesses ap- 4. Proxy voting shall be allowed on all of the Committee. pearing before the Committee shall file ad- measures and matters before the committee. (b) If the Chairman of the Committee is vance written statements of their proposed However, the vote of the committee to re- not present at any meeting of the Com- testimony at least 48 hours in advance of port a measure or matters shall require the mittee, the Vice-Chairman or Ranking Mem- their appearance and their oral testimony concurrence of a majority of the members of ber of the majority party on the Committee shall be limited to brief summaries. Limited the committee who are physically present at who is present shall preside at the meeting. insertions or additional germane material the time of the vote. Proxies will be allowed will be received for the record, subject to the RULE 3.—QUORUM in such cases solely for the purpose of re- approval of the Chairman. (a) Five members of the Committee shall cording a member’s position on the question RULE 9.—OFFICIAL HEARING RECORD and then only in those instances when the constitute a quorum, which is required for (a) An accurate stenographic record shall absentee committee member has been in- the purpose of closing meetings, promul- be kept of all Committee proceedings and ac- formed of the question and has affirmatively gating Committee orders or changing the tions. Brief supplemental materials when re- requested that he be recorded. (Paragraph rules of the Committee. quired to clarify the transcript may be in- 7(a)(3) of rule XXVI of the Standing Rules.) (b) Three members shall constitute a serted in the record subject to the approval TITLE IV—DELEGATION AND AUTHORITY TO THE quorum for purposes of taking testimony and receiving evidence. of the Chairman. CHAIRMAN AND VICE CHAIRMAN (b) Each member of the Committee shall be 1. The Chairman and Vice Chairman are RULE 4.—PROXIES provided with a copy of the hearing tran- authorized to sign all necessary vouchers (a) Written or telegraphic proxies of Com- script for the purpose of correcting errors of and routine papers for which the commit- mittee members will be received and re- transcription and grammar, and clarifying tee’s approval is required and to decide in corded on any vote taken by the Committee, questions or remarks. If any other person is the committee’s behalf on all routine busi- except for the purpose of creating a quorum. authorized by a Committee Member to make ness. (b) Proxies will be allowed on any such his corrections, the staff director shall be so 2. The Chairman is authorized to engage votes for the purpose of recording a mem- notified. commercial reporters for the preparation of ber’s position on a question only when the (c) Members who have received unanimous transcripts of committee meetings and hear- absentee Committee member has been in- consent to submit written questions to wit- ings. formed of the question and has affirmatively nesses shall be allowed two days within 3. The Chairman is authorized to issue, on requested that he be recorded. which to submit these to the staff director behalf of the committee, regulations nor- RULE 5.—OPEN AND CLOSED MEETINGS for transmission to the witnesses. The record mally promulgated by the committee at the may be held open for a period not to exceed beginning of each session. (a) Each meeting for the transaction of business of the Committee shall be open to two weeks awaiting the responses by wit- f the public except when the Committee, in nesses. JOINT COMMITTEE ON PRINTING open session and with a quorum present, de- (d) A witness may obtain a transcript copy termines by roll call vote that all or part of of his testimony given at a public session or, the remainder of the meeting on that day if given at an executive session, when au- RULES OF PROCEDURE shall be closed to the public. No such vote thorized by the Committee. Testimony received in closed hearings shall not be re- Mr. SHELBY. Mr. President, on April shall be required to close a meeting that relates solely to internal budget or personnel leased or included in any report without the 6, 2017, the Joint Committee on Print- matters. approval of the Committee. ing organized, elected a chairman, a (b) No person other than members of the RULE 10.—WITNESSES FOR COMMITTEE HEARINGS vice chairman, and adopted committee Committee, and such congressional staff and (a) Selection of witnesses for Committee rules for the 115th Congress. Members other representatives as they may authorize, hearings shall be made by the Committee of the Joint Committee on Printing shall be present in any business session that staff under the direction of the Chairman. A elected Senator RICHARD SHELBY as has been closed to the public. list of proposed witnesses shall be submitted chairman and Congressman RODNEY RULE 6.—ALTERNATING CHAIRMANSHIP AND to the members of the Committee for review sufficiently in advance of the hearings to DAVIS as vice chairman. Pursuant to VICE-CHAIRMANSHIP BY CONGRESSES permit suggestions by the Committee mem- (a) The Chairmanship and Vice Chairman- rule XXVI, paragraph 2, of the Stand- bers to receive appropriate consideration. ship of the Committee shall alternate being Rules of the Senate, I ask unani- (b) The Chairman shall provide adequate tween the House and the Senate by Con- mous consent that a copy of the com- time for questioning of witnesses by all gresses: The senior member of the minority mittee rules be printed in the RECORD. members, including minority Members and party in the House of Congress opposite of There being no objection, the mate- the rule of germaneness shall be enforced in that of the Chairman shall be the Ranking all hearings notified. rial was ordered to be printed in the Minority Member of the Committee. (c) Whenever a hearing is conducted by the RECORD, as follows: (b) In the event the House and Senate are Committee upon any measure or matter, the JOINT COMMITTEE ON PRINTING—115TH under different party control, the Chairman minority on the Committee shall be entitled, CONGRESS and Vice Chairman shall represent the ma- upon unanimous request to the Chairman be- jority party in their respective Houses. When RULE 1.—COMMITTEE RULES fore the completion of such hearings, to call the Chairman and Vice-Chairman represent (a) The rules of the Senate and House inso- witnesses selected by the minority to testify different parties, the Vice-Chairman shall far as they are applicable, shall govern the with respect to the measure or matter dur- also fulfill the responsibilities of the Rank- Committee. ing at least one day of hearing thereon. (b) The Committee’s rules shall be pub- ing Minority Member as prescribed by these lished in the Congressional Record as soon as rules. RULE 11.—CONFIDENTIAL INFORMATION FURNISHED TO THE COMMITTEE possible following the Committee’s organiza- RULE 7.—PARLIAMENTARY QUESTIONS The information contained in any books, tional meeting in each odd-numbered year. Questions as to the order of business and papers or documents furnished to the Com- (c) Where these rules require a vote of the the procedures of Committee shall in the mittee by any individual, partnership, cor- members of the Committee, polling of mem- first instance be decided by the Chairman; poration or other legal entity shall, upon the bers either in writing or by telephone shall subject always to an appeal to the Com- request of the individual, partnership, cor- not be permitted to substitute for a vote mittee. taken at a Committee meeting, unless the poration or entity furnishing the same, be Ranking Minority Member assents to waiver RULE 8.—HEARINGS: PUBLIC ANNOUNCEMENTS maintained in strict confidence by the mem- of this requirement. AND WITNESSES bers and staff of the Committee, except that (d) Proposals for amending Committee (a) The Chairman, in the case of hearings any such information may be released out- rules shall be sent to all members at least to be conducted by the Committee, shall side of executive session of the Committee if one week before final action is taken there- make public announcement of the date, the release thereof is effected in a manner on, unless the amendment is made by unani- place and subject matter of any hearing to which will not reveal the identity of such in- mous consent. be conducted on any measure or matter at dividual, partnership, corporation or entity

VerDate Sep 11 2014 05:00 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.124 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2421 in connection with any pending hearing or as Lieutenant Governor McManus. He promote the principles and values of a part of a duly authorized report of the also served in the Iowa Senate. our Nation. That is why it is really no Committee if such release is deemed essen- In 1962, President John F. Kennedy wonder that the DAR can now boast of tial to the performance of the functions of appointed him chief judge of the North- over 185,000 members all over the the Committee and is in the public interest. ern District of Iowa where he served for world. In Wyoming, that enthusiasm RULE 12.—BROADCASTING OF COMMITTEE 23 years when he took senior status. shows itself as each chapter continues HEARINGS His ascension to this position made to encourage its members to be more The rule for broadcasting of Committee hearings shall be the same as Rule XI, clause him the first native-born Iowan ap- active and involved in the day-to-day 4, of the Rules of the House of Representa- pointed to the Federal Northern Dis- workings of our government on the tives. trict Court of Iowa. He remained on the local, State, and national levels. RULE 13.—COMMITTEE REPORTS bench for a total of 55 years and was There is only one qualification for (a) No Committee report shall be made still taking cases at the time of his membership in the DAR. You must be public or transmitted to the Congress with- death. able to trace your lineage back to the out the approval of a majority of the Com- He was proud of his service on the days of our fight for freedom, when a mittee except when Congress has adjourned: court and the modernization of the young nation took up arms to sever the provided that any member of the Committee court he started in 1962. ties between the United States and may make a report supplementary to or dis- Upon Judge McManus’s death, cur- Great Britain. Some member of your senting from the majority report. Such sup- rent acting U.S. Attorney Sean Berry family must have been a part of our plementary or dissenting reports should be told the Cedar Rapids Gazette, ‘‘The as brief as possible. American Revolution for you to be ac- (b) Factual reports by the Committee staff changes implemented by Judge cepted into the DAR as a member. It is may be printed for distribution to Com- McManus left an indelible and positive then up to you to continue the work mittee members and the public only upon impact on the efficient administration that a member of your family began. authorization of the Chairman either with of justice for all litigants in the federal That legacy has been handed down to the approval of a majority of the Committee court.’’ the members of the DAR and to all of or with the consent of the Ranking Minority He took great pride that the only us as American citizens. It is also the Member. time he had a backlog of cases was the legacy we will hand down to our chil- RULE 14.—CONFIDENTIALITY OF COMMITTEE first 100 that were there when he took dren and grandchildren. REPORTS the job. He took very seriously the Bill We recognize the members of the No summary of a Committee report, pre- of Rights Sixth Amendment where it DAR and the difference all of you are diction of the contents of a report, or state- says ‘‘the accused shall enjoy the right making as individuals and as members ment of conclusions concerning any inves- to a speedy and public trial.’’ tigation shall be made by a member of the of an organization that has been keep- Committee or by any staff member of the His longtime assistant, Deb Frank, ing the ‘‘Spirit of ‘76’’ alive for genera- Committee prior to the issuance of a report may have said it best, ‘‘I know he loved tions now. The principles and values of the Committee. to work. He loved what he was doing. I that are embodied in our Charters of RULE 15.—COMMITTEE STAFF think it’s just the whole idea of coming Freedom have helped you to make a (a) The Committee shall have a staff direc- to the office every day and doing what difference and that has helped to make tor, selected by the Chairman. The staff di- needed to be done.’’ our nation a better place for us all to rector shall be an employee of the House of Barbara and I send our sincerest con- live. Representatives or of the Senate. dolences to Judge McManus’s five sons, Thank you for the good work you do. (b) The Ranking Minority Member may two step-sons, other family members, f designate an employee of the House of Rep- and friends. resentatives or of the Senate as the minority He served our State and our country ADDITIONAL STATEMENTS staff director. (c) The staff director, under the general su- with great distinction and will be missed. pervision of the Chairman, is authorized to TRIBUTE TO RANDY J. HOLLAND deal directly with agencies of the Govern- f ment and with non-Government groups and ∑ Mr. CARPER. Mr. President, it is individuals on behalf of the Committee. 102ND ANNUAL CONFERENCE OF with great pleasure that I rise today, (d) The Chairman or staff director shall THE WYOMING STATE SOCIETY, on behalf of Delaware’s congressional timely notify the Ranking Minority Member DAUGHTERS OF THE AMERICAN delegation—Senator CHRIS COONS, Con- or the minority staff director of decisions REVOLUTION gresswoman LISA BLUNT ROCHESTER, made on behalf of the Committee. Mr. ENZI. Mr. President, I appreciate and myself—to honor the exemplary RULE 16.—COMMITTEE CHAIRMAN having this opportunity to recognize service of Delaware Supreme Court The Chairman of the Committee may es- the 102nd annual conference of the Wy- Justice Randy J. Holland. His talent tablish such other procedures and take such oming State Society, Daughters of the and expertise is admired by both Re- actions as may be necessary to carry out the American Revolution. This year’s con- publicans and Democrats alike. Justice foregoing rules or to facilitate the effective operation of the Committee. Specifically, ference is being held in Casper and once Holland was the youngest person to the Chairman is authorized, during the in- again promises to be an interesting, in- serve on the Delaware Supreme Court terim periods between meetings of the Com- formative, and inspirational event. when he was appointed and confirmed mittee, to act on all requests submitted by In the years since the National Soci- by Delaware Governor Mike Castle in any executive department, independent ety Daughters of the American Revolu- 1986. I had the honor of reappointing agency, temporary or permanent commis- tion was founded on October 11, 1890, him to a second 12-year term when I sions and committees of the Federal Govern- the organization has kept its focus on was Governor of Delaware in 1999. ment, the Government Publishing Office and the preservation and promotion of the Then, in March 2011, he was re- any other Federal entity, pursuant to the requirements of applicable Federal law and ideals, principles, and values that are appointed again by Governor Markell regulations. reflected in our Charters of Freedom— and unanimously confirmed by the the Declaration of Independence, the Senate for an unprecedented third 12- f Constitution and the Bill of Rights. year term. His length on the Delaware REMEMBERING EDWARD ‘‘NICK’’ They knew what a great gift we have Supreme Court—30 years and the long- MCMANUS been given with our citizenship in the est in history—is a result of his broad Mr. GRASSLEY. Mr. President, United States of America and they knowledge of the law and of our State today I wish to pay tribute to fellow wanted to show their great pride in and the respect and professionalism he Iowan Judge Edward ‘‘Nick’’ McManus. those who had fought for our freedom upholds on and off the bench. Judge McManus died earlier this as a nation and won it. Delaware’s supreme court has a rep- month at the age of 97. With such a strong base on which to utation for handling complex disputes He has a long and deep history in build, it is no wonder that the DAR in a knowledgeable, reliable, and expe- Iowa politics and judicial activities. continues to grow in size and influence. dient way. It is no doubt that Justice When I first entered the State legis- Year after year, more and more people Holland was an integral part of making lature, Judge McManus was known as are drawn to join the DAR and help to Delaware’s highest court one of the

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.129 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2422 CONGRESSIONAL RECORD — SENATE April 6, 2017 most respected in the Nation and high- was also recognized by members of our families, including my own. Our family ly regarded internationally. Over the Nation’s highest court—Chief Justices will always be grateful for the extraor- course of three decades, Justice Hol- William Rehnquist and John Roberts— dinary care Dr. Starzl provided for my land has written more than 700 opin- when they appointed him as the State father, during his second term as Gov- ions and several thousand orders and judge member of the Federal Judicial ernor of Pennsylvania. In June of 1993, gained the reputation as an expert in Conference Advisory Committee on Ap- Dr. Starzl oversaw Governor Casey’s Delaware’s constitutional law. He has pellate Rules. exceedingly rare heart and liver double done this all with a unique sense of hu- On behalf of Senator COONS and Con- transplant surgery. My family cher- mility and respect for others, some- gresswoman BLUNT ROCHESTER, let me ished the 7 additional years we had thing that fellow judges and attorneys express our heartfelt thanks to Justice with my father. have and will continue to emulate. He Holland for his service to our State and Among the many accolades Dr. is the embodiment of the ‘‘Golden judicial system. Today we are honored Starzl received was being ranked 213th Rule,’’ always treating others the way to be able to offer him our sincere con- in the book ‘‘1,000 Years, 1,000 People: he would like to be treated. gratulations on a job well done. It will Ranking the Men and Women Who It is perhaps his homegrown knowl- be quite a change not to see him sit- Shaped the Millennium.’’ Published in edge of Delaware and his experience as ting on the second chair in from the 1998, this book named the people who a general practitioner of the law that left, but we look forward to him con- had the greatest impact on the world allowed Justice Holland to make his tinuing to share his deep knowledge over the previous 1,000 years. Dr. mark in the Supreme Court. He grew about the history and legacy of Dela- Starzl’s inclusion speaks to the enor- up in Milford, DE, and went on to grad- ware law. From our hearts, we wish mous impact he had on so many lives. uate from Swarthmore College, Univer- him and his wife, Ilona, along with Dr. Starzl’s passing leaves a void, but sity of Pennsylvania Law School, and their son Ethan and daughter-in-law we know the foundation he built for the University of Virginia Law School. Jennifer and granddaughters Aurora organ transplantation will endure Before joining the bench at age 39, Jus- and Chloe, many happy, healthy, and through the many lives he saved, the tice Holland was a partner at Morris, successful years to come.∑ surgeons he trained, and the high Nichols, Arsht and Tunnell in George- f standards he set for quality of care. In town, DE, where he was known for his the statement released by his family, it REMEMBERING DR. THOMAS E. was noted that he ‘‘was a force of na- ability to draw clients from all over STARZL ture that swept all those around him the State on issues ranging from cor- ∑ Mr. CASEY. Mr. President, I rise to into his orbit, challenging those that porate and contract law to zoning and pay tribute to Dr. Thomas E. Starzl, surrounded him to strive to match his real estate transactions. During this the pioneer in the field of organ trans- superhuman feats of focus, will and time, he had the opportunity to appear plantation who impacted the lives of compassion.’’ His ‘‘superhuman feats’’ before almost every judge in every thousands directly and indirectly. Dr. will remain an inspiration for those in court of the State. It was this wide Starzl died on March 4, 2017, 1 week shy the medical profession and beyond.∑ breadth of knowledge that made him of his 91st birthday. f an excellent choice for Delaware’s su- To say Dr. Stazrl was a remarkable preme court, even though he had no ju- surgeon, researcher, or physician does RECOGNIZING THE PEOPLE OF dicial experience at all. not begin to describe this man or the LIBBY, MONTANA Justice Holland’s colleagues describe contributions he made. He was a vi- ∑ Mr. DAINES Mr. President, this him as a mentor and a role model and sionary who created and then trans- week I would like to recognize the peo- have relied on him throughout the formed an entire field of medicine. He ple of Libby, MT, for their resiliency years for his institutional knowledge of performed the first liver transplant in and strength in confronting economic, Delaware and the court. This especially 1963, the first heart-liver transplant in environmental, and public health chal- came into practice during an 1984, and led a team conducting a five- lenges. This week is National Asbestos unprecendeted turnover in the Dela- organ transplant in 1987. In 2007, at the Awareness Week, and the people of ware Supreme Court. That turnover al- age of 80, Dr. Starzl visited with me to Libby are perhaps the most acutely lowed Governor Jack Markell to ap- seek research funding for the hand aware community in our Nation when point four justices, including the chief transplant program at the University it comes to understanding asbestos re- justice, to the five-officer court. Jus- of Pittsburgh. He never stopped envi- lated menaces. As the seat of Lincoln tice Holland’s help and guidance to his sioning what more could be done or County, Libby has persevered through colleagues throughout this transitional striving to achieve it. a lengthy process of identifying and re- time proved vital as they became accli- The late Senator Robert F. Kennedy moving threats to public health and mated to their new roles. once said, ‘‘only those who dare to fail has emerged ready to share the treas- When Justice Holland was not in his greatly can ever achieve greatly.’’ Dr. ures of northwestern Montana. role as an officer of the court, he was Starzl was not afraid to fail, and A few miles outside of Libby, nearly writing. Regarded internationally as through his determination and the in- a century ago, a vermiculite ore mine an author and historian, Justice Hol- novation and advances he brought began operations. At one point, this land has written, coauthored, or edited forth, organ transplantation preserved mine accounted for a large portion of nine books including ‘‘Delaware Su- human life, and the University of total global vermiculite production. preme Court Golden Anniversary,’’ Pittsburgh became the busiest trans- Unknown to the people of Libby, the ‘‘Delaware Constitution of 1897,’’ ‘‘The plant center in the world. Knowing local vermiculite also contained a First One Hundred Years,’’ ‘‘Magna that the actual surgery is only one part toxic form of asbestos, Libby Carta: Muse & Mentor,’’ ‘‘Delaware’s of a successful transplantation, Dr. Amphibole asbestos. The Libby mine Destiny Determined By Lewes,’’ and Starzl worked to develop was eventually closed in 1990, and ‘‘Delaware Corporation Law, Selected immunosuppressant therapies and Libby was designated as a Superfund Cases.’’ He has also published several played a role in creating tacrolimus, site by the Environmental Protection law review articles, primarily dealing which remains the most widely used Agency in 2002. The asbestos identifica- with judicial ethics and legal history. immunosuppressant drug in the world. tion and cleanup process has been ex- Over his three decades on the Dela- He also believed that it was his obliga- tensive. Last week marked the success- ware Supreme Court, Justice Holland tion to train the next generation of ful conclusion for submitting new re- has received numerous awards, includ- transplant surgeons. Today approxi- quests to the EPA for identification ing the 2014 American Inns of Court mately 90 percent of transplant centers and cleanup of impacted sites. As the Powell Award for Professionalism and are headed by surgeons Dr. Starzl di- environmental cleanup process draws Ethics, 2012 First State Distinguished rectly trained or by surgeons who to a close, we must not lose sight of Service Award, and the 2011 Dwight D. learned from surgeons Dr. Starzl the continued healthcare requirements Opperman Award. In 2004, he was elect- trained. for Libby residents and the truly ed to be an Honorable Master of the Over his decades of service, Dr. Starzl unique challenges they face in improv- Bench by Lincoln’s Inn in London. He profoundly impacted many lives and ing their quality of life.

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G04AP6.333 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2423 Eight years ago, former U.S. Senator Libby has the majesty of a divine the Senate by Ms. Ridgway, one of his Max Baucus led the charge to ensure painting, and this masterpiece will al- secretaries. that three essential functions were es- ways draw travelers to the region. The f tablished to help the people of Libby. soon to open Montanore Mine will be a EXECUTIVE MESSAGES REFERRED These functions included screening for major producer of copper and silver. asbestos related diseases, healthcare The Kootenai National Forest contains In executive session the Presiding Of- for conditions caused by asbestos expo- significant timber resources. The Libby ficer laid before the Senate messages sure, and a program to assist patients Dam to the east of town produces reli- from the President of the United with unique services due to asbestos able energy, helping to empower the States submitting sundry nominations exposure. These vital programs, spe- United States through energy domi- which were referred to the appropriate cifically designed to help those most in nance. The Kootenai River flows committees. need, are essential and must be pre- through that dam and is an engine of (The messages received today are served. With these tools available, over recreational activity, inviting outdoor printed at the end of the Senate pro- 4,000 individuals have been screened enthusiasts from across the globe to ceedings.) and over 2,000 individuals have been di- explore the natural splendor of Lincoln f agnosed with asbestos related diseases. County and gaze in wonder at the PRESIDENTIAL MESSAGE On March 6, I sent a letter to Speaker Kootenai Falls. As the people of Libby of the House PAUL RYAN and Senate overcome the past and chart a course Majority Leader MITCH MCCONNELL to for the years ahead, I admire their re- REPORT ON THE CONTINUATION preserve these tools for the people of silient attitude and steadfast deter- OF THE NATIONAL EMERGENCY Libby. The latency period for diseases mination. While the hardy character ORIGINALLY DECLARED IN EX- related to asbestos exposure can be and independent spirit of this small ECUTIVE ORDER 13536 ON APRIL decades into the future. Long after the community in far Northwest Montana, 12, 2010 WITH RESPECT TO SOMA- environmental and economic impacts we must not abandon our commitment LIA—PM 6 have been overcome, the human impact to giving them a hand up and the tools The PRESIDING OFFICER laid be- in Libby will continue. As the debate necessary to succeed.∑ fore the Senate the following message over healthcare ebbs and flows, the es- f from the President of the United sential protections for the people of RECOGNIZING FLATHEAD VALLEY States, together with an accompanying Libby must remain intact. The Center for Asbestos Related Dis- COMMUNITY COLLEGE report; which was referred to the Com- ease, known locally as the CARD clin- ∑ Mr. TESTER. Mr. President, today I mittee on Banking, Housing, and ic, is a vital nonprofit resource located wish to celebrate the 50th anniversary Urban Affairs: in Libby that helps with identification, of Flathead Valley Community College To the Congress of the United States: treatment, and research for those with in Kalispell, MT, and to honor the Section 202(d) of the National Emer- asbestos exposure. The tools cham- many contributions that FVCC has gencies Act (50 U.S.C. 1622(d)) provides pioned by Senator Baucus are vital to made in northwest Montana. for the automatic termination of a na- the success of a community resource In 1967, Dr. Larry Blake was hired as tional emergency unless, within 90 like the CARD clinic. As the Senator the first president of FVCC, and days prior to the anniversary date of who now serves the people of Montana months later, he opened the doors to its declaration, the President publishes from Senator Baucus’s old seat, it is 611 students who made up the very first in the Federal Register and transmits to my duty to continue to fight for the class. the Congress a notice stating that the people of Libby. Fifty years later, over 3,500 students emergency is to continue in effect be- To understand the impact these pro- are enrolled in FVCC and studying yond the anniversary date. In accord- grams have on the daily lives of people more than 100 degree and certificate ance with this provision, I have sent to in the area, it makes sense to listen to programs. the Federal Register for publication the their personal experiences. Lynn The campus today is unrecognizable enclosed notice stating that the na- Sather-Diller said the CARD clinic has to those who studied at its original tional emergency declared in Executive helped ‘‘me to stay as healthy as pos- downtown location, and in recent Order 13536 of April 12, 2010, with re- sible even though I have an asbestos re- years, I have seen the new campus spect to Somalia is to continue in ef- lated disease. I wouldn’t be able to do boom with the construction of addi- fect beyond April 12, 2017. it without their help.’’ tional education facilities, labora- The United States is strongly com- The basic activity of breathing, tories, and campus housing. mitted to Somalia’s stabilization, and something many of us simply take for In 2001, Jane Karas was hired as the it is important to maintain sanctions granted, is a daily concern and im- 11th president of FVCC, and she has against persons undermining its sta- mense priority for those with asbestos been instrumental in the growth of the bility. For this reason, I have deter- related diseases. region’s largest higher education insti- mined that it is necessary to continue Angie Hill added, ‘‘Asbestos related tution. the national emergency with respect to disease is life changing. Hard to say in Under Jane Karas’s leadership, FVCC Somalia and to maintain in force the only a few words, our exposure started has expanded the nursing school and sanctions to respond to this threat. in our childhood & is so scary when you developed a renowned culinary school DONALD J. TRUMP. struggle to breath. We are thankful for that has helped meet the growing de- THE WHITE HOUSE, April 6, 2017. the exceptional medical care & edu- mand for jobs in the communities that f cational information the CARD center, lay in the shadow of Glacier National Dr. Brad Black & his staff provide to Park. MESSAGES FROM THE HOUSE it’s patients.’’ Echoing those senti- In addition to serving thousands of At 10:02 a.m., a message from the ments was Judy Lundstrom: ‘‘You students in Kalispell, FVCC operates a House of Representatives, delivered by helped with exams and I am on night satellite campus an hour away in Mrs. Cole, one of its reading clerks, an- oxygen and feel much better so can Libby, MT. nounced that the House has passed the continue my job. I am able to stay in Over the past 50 years, FVCC has following bill, without amendment: my own home because Dr. Black and made a profound impact in Montana, S. 544. An act to amend the Veterans Ac- Tanis helped.’’ and I join all of the Montanans who cess, Choice, and Accountability Act of 2014 These examples show the strength of can’t wait to see what they have in to modify the termination date for the Vet- the people of Libby. This region will store for the next 50 years.∑ erans Choice Program, and for other purposes. continue to find ways to reach its po- f tential. Like the rest of Montana, The message also announced that the Libby is blessed with awe-inspiring MESSAGES FROM THE PRESIDENT House has passed the following bills, in beauty and immense natural resources. Messages from the President of the which it requests the concurrence of The Cabinet Mountain Range south of United States were communicated to the Senate:

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.130 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2424 CONGRESSIONAL RECORD — SENATE April 6, 2017 H.R. 1304. An act to amend the Employee H.R. 1219. An act to amend the Investment S. 867. A bill to provide support for law en- Retirement Income Security Act of 1974, the Company Act of 1940 to expand the investor forcement agency efforts to protect the men- Public Health Service Act, and the Internal limitation for qualifying venture capital tal health and wellbeing of law enforcement Revenue Code of 1986 to exclude from the def- funds under an exemption from the defini- officers, and for other purposes; to the Com- inition of health insurance coverage certain tion of an investment company; to the Com- mittee on the Judiciary. medical stop-loss insurance obtained by cer- mittee on Banking, Housing, and Urban Af- By Mr. ISAKSON (for himself and Mr. tain plan sponsors of group health plans. fairs. MURPHY): H.R. 1667. An act to amend title 11 of the H.R. 1304. An act to amend the Employee S. 868. A bill to amend the Employee Re- United States Code in order to facilitate the Retirement Income Security Act of 1974, the tirement Income Security Act of 1974 to re- resolution of an insolvent financial institu- Public Health Service Act, and the Internal quire a lifetime income disclosure; to the tion in bankruptcy. Revenue Code of 1986 to exclude from the def- Committee on Health, Education, Labor, and The message further announced that inition of health insurance coverage certain Pensions. pursuant to 22 U.S.C. 6913, and the medical stop-loss insurance obtained by cer- By Mr. PAUL (for himself and Mr. order of the House of January 3, 2017, tain plan sponsors of group health plans; to WICKER): S. 869. A bill to repeal the violation of sov- the Speaker appoints the following the Committee on Health, Education, Labor, and Pensions. ereign nations’ laws and privacy matters; to Member of the House of Representa- H.R. 1667. An act to amend title 11 of the the Committee on Finance. tives to the Congressional-Executive United States Code in order to facilitate the By Mr. HATCH (for himself, Mr. Commission on the People’s Republic resolution of an insolvent financial institu- WYDEN, Mr. ISAKSON, Mr. WARNER, of China: Mr. LIEU of California. tion in bankruptcy; to the Committee on the Mr. BENNET, Mr. CARDIN, Mr. THUNE, ENROLLED BILL SIGNED Judiciary. Mr. CASEY, Mr. CORNYN, Mr. CRAPO, At 12:20 p.m., a message from the f Mr. GRASSLEY, Mr. CARPER, Ms. STA- House of Representatives, delivered by BENOW, and Mrs. MCCASKILL): REPORTS OF COMMITTEES S. 870. A bill to amend title XVIII of the Mr. Novotny, one of its reading clerks, The following reports of committees Social Security Act to implement Medicare announced that the Speaker has signed payment policies designed to improve man- the following enrolled bill: were submitted: agement of chronic disease, streamline care H.R. 353. An act to improve the National By Mr. HOEVEN, from the Committee on coordination, and improve quality outcomes Oceanic and Atmospheric Administration’s Indian Affairs, without amendment: without adding to the deficit; to the Com- weather research through a focused program S. 91. A bill to amend the Indian Employ- mittee on Finance. of investment on affordable and attainable ment, Training and Related Services Dem- By Mr. HELLER: advances in observational, computing, and onstration Act of 1992 to facilitate the abil- S. 871. A bill to appropriate such funds as modeling capabilities to support substantial ity of Indian tribes to integrate the employ- may be necessary to ensure that members of improvement in weather forecasting and pre- ment, training, and related services from di- the Armed Forces, including reserve compo- diction of high impact weather events, to ex- verse Federal sources, and for other purposes nents thereof, and supporting civilian and pand commercial opportunities for the provi- (Rept. No. 115–26). contractor personnel continue to receive pay sion of weather data, and for other purposes. S. 302. A bill to enhance tribal road safety, and allowances for active service performed The enrolled bill was subsequently and for other purposes (Rept. No. 115–27). when a funding gap caused by the failure to signed by the President pro tempore f enact interim or full-year appropriations for the Armed Forces occurs, which results in (Mr. HATCH). INTRODUCTION OF BILLS AND the furlough of non-emergency personnel and JOINT RESOLUTIONS At 12:50 p.m., a message from the the curtailment of Government activities House of Representatives, delivered by The following bills and joint resolu- and services; to the Committee on Appro- priations. Mr. Novotny, one of its reading clerks, tions were introduced, read the first and second times by unanimous con- By Mr. GRASSLEY (for himself, Mr. announced that the House has passed SCHUMER, Ms. STABENOW, Mrs. CAP- sent, and referred as indicated: the following joint resolutions, without ITO, Mrs. MCCASKILL, Ms. BALDWIN, amendment: By Ms. KLOBUCHAR (for herself and Mr. LEAHY, Mr. BENNET, Mr. MCCAIN, S.J. Res. 30. Joint resolution providing for Ms. COLLINS): and Mr. GARDNER): the reappointment of Steve Case as a citizen S. 862. A bill to establish and strengthen S. 872. A bill to amend title XVIII of the regent of the Board of Regents of the Smith- projects that defray the cost of related in- Social Security Act to make permanent the sonian Institution. struction associated with pre-apprenticeship extension of the Medicare-dependent hos- S.J. Res. 35. Joint resolution providing for and apprenticeship programs, and for other pital (MDH) program and the increased pay- the appointment of Michael Govan as a cit- purposes; to the Committee on Health, Edu- ments under the Medicare low-volume hos- izen regent of the Board of Regents of the cation, Labor, and Pensions. pital program; to the Committee on Finance. Smithsonian Institution. By Mr. WHITEHOUSE: By Mr. PORTMAN (for himself and Mr. S.J. Res. 36. Joint resolution providing for S. 863. A bill to amend the Internal Rev- CARPER): the appointment of Roger W. Ferguson as a enue Code of 1986 to provide for the taxation S. 873. A bill to amend section 8433 of title citizen regent of the Board of Regents of the of income of controlled foreign corporations 5, United States Code, to provide for flexi- Smithsonian Institution. attributable to imported property; to the bility in making withdrawals from the Thrift The message also announced that the Committee on Finance. Savings Fund; to the Committee on Home- House has passed the following bill, in By Mrs. SHAHEEN (for herself and Mr. land Security and Governmental Affairs. which it requests the concurrence of WICKER): By Mr. MURPHY (for himself and Mr. S. 864. A bill to promote development goals BOOKER): the Senate: and the strengthening of the private sector S. 874. A bill to amend title XIX of the So- H.R. 1219. An act to amend the Investment in Bosnia and Herzegovina; to the Com- cial Security Act to protect the enrollment Company Act of 1940 to expand the investor mittee on Foreign Relations. of incarcerated youth for medical assistance limitation for qualifying venture capital By Mr. CASEY (for himself, Mr. WHITE- under the Medicaid program, and for other funds under an exemption from the defini- HOUSE, Ms. HIRONO, Mr. FRANKEN, Mr. purposes; to the Committee on Finance. tion of an investment company. SCHUMER, Mr. MENENDEZ, Mr. REED, By Mr. SULLIVAN: Mr. MERKLEY, Mr. DURBIN, Mrs. FEIN- S. 875. A bill to require the Comptroller At 3:03 p.m., a message from the STEIN, and Mr. VAN HOLLEN): General of the United States to conduct a House of Representatives, delivered by S. 865. A bill to amend the Safe Drinking study and submit a report on filing require- Mrs. Cole, one of its reading clerks, an- Water Act to repeal a certain exemption for ments under the Universal Service Fund pro- nounced that the House has agreed to hydraulic fracturing, and for other purposes; grams; to the Committee on Commerce, the following concurrent resolution, in to the Committee on Environment and Pub- Science, and Transportation. which it requests the concurrence of lic Works. By Ms. HEITKAMP (for herself, Mr. the Senate: By Mr. CASEY (for himself and Mr. INHOFE, Mr. HELLER, Mr. SCHATZ, Mr. PAUL): HOEVEN, Ms. KLOBUCHAR, and Mr. H. Con. Res. 48. Concurrent resolution pro- S. 866. A bill to amend the Juvenile Justice DALL): viding for a conditional adjournment of the U and Delinquency Prevention Act of 1974 to S. 876. A bill to amend the Internal Rev- House of Representatives. eliminate the use of valid court orders to se- enue Code of 1986 to recognize Indian tribal f cure lockup of status offenders, and for other governments for purposes of determining MEASURES REFERRED purposes; to the Committee on the Judici- under the adoption credit whether a child ary. has special needs; to the Committee on Fi- The following bills were read the first By Mr. DONNELLY (for himself, Mr. nance. and the second times by unanimous YOUNG, Mrs. FEINSTEIN, Mr. CORNYN, By Mr. MARKEY (for himself and Mr. consent, and referred as indicated: Mr. BLUNT, and Mr. COONS): HATCH):

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.117 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2425 S. 877. A bill to amend the Family Edu- S. 887. A bill to amend the Homeland Secu- GARDNER) was added as a cosponsor of cational Rights and Privacy Act of 1974 to rity Act of 2002 to require a multiyear acqui- S. 203, a bill to reaffirm that the Envi- ensure that student data handled by private sition strategy for the Department of Home- ronmental Protection Agency may not companies is protected, and for other pur- land Security, and for other purposes; to the regulate vehicles used solely for com- poses; to the Committee on Health, Edu- Committee on Homeland Security and Gov- cation, Labor, and Pensions. ernmental Affairs. petition, and for other purposes. By Mr. MARKEY (for himself, Mr. By Mr. MURPHY (for himself, Mr. S. 236 BLUMENTHAL, Ms. WARREN, Mr. SAND- PAUL, Mr. DURBIN, and Mr. FRANKEN): At the request of Mr. WYDEN, the ERS, Mr. MERKLEY, Mr. HEINRICH, Mr. S.J. Res. 40. A joint resolution to provide names of the Senator from Maine (Mr. UDALL, Mr. LEAHY, Ms. BALDWIN, Mr. limitations on the transfer of air-to-ground KING) and the Senator from North Da- VAN HOLLEN, and Mr. FRANKEN): munitions from the United States to Saudi kota (Mr. HOEVEN) were added as co- S. 878. A bill to establish privacy protec- Arabia; to the Committee on Foreign Rela- tions for customers of broadband Internet tions. sponsors of S. 236, a bill to amend the access service and other telecommunications Internal Revenue Code of 1986 to re- services; to the Committee on Commerce, f form taxation of alcoholic beverages. Science, and Transportation. SUBMISSION OF CONCURRENT AND S. 260 By Mr. BARRASSO (for himself, Mr. SENATE RESOLUTIONS At the request of Mr. CORNYN, the FLAKE, Mr. MCCAIN, and Mr. ENZI): S. 879. A bill to expedite and prioritize for- The following concurrent resolutions names of the Senator from Alabama est management activities to achieve eco- and Senate resolutions were read, and (Mr. STRANGE) and the Senator from system restoration objectives, and for other referred (or acted upon), as indicated: Arkansas (Mr. COTTON) were added as purposes; to the Committee on Energy and By Mr. GARDNER (for himself and Mr. cosponsors of S. 260, a bill to repeal the Natural Resources. provisions of the Patient Protection By Ms. BALDWIN (for herself, Mr. PETERS): and Affordable Care Act providing for BROWN, Mr. SANDERS, Mr. FRANKEN, S. Res. 119. A resolution requiring author- Ms. WARREN, Mr. WHITEHOUSE, Ms. izing committees to hold annual hearings on the Independent Payment Advisory STABENOW, and Mrs. MCCASKILL): Government Accountability Office investiga- Board. S. 880. A bill to ensure the use of American tive reports on the identification, consolida- S. 266 tion, and elimination of duplicative Govern- iron and steel in public water systems, and At the request of Mr. HATCH, the for other purposes; to the Committee on En- ment programs; to the Committee on Home- vironment and Public Works. land Security and Governmental Affairs. names of the Senator from Colorado By Ms. WARREN (for herself, Mr. By Mr. MANCHIN (for himself and Mrs. (Mr. BENNET) and the Senator from MCCAIN, Ms. CANTWELL, and Mr. CAPITO): New Hampshire (Mrs. SHAHEEN) were KING): S. Res. 120. A resolution designating April added as cosponsors of S. 266, a bill to S. 881. A bill to reduce risks to the finan- 20, 2017, as ‘‘National Alternative Fuel Vehi- award the Congressional Gold Medal to cial system by limiting banks’ ability to en- cle Day.’’; to the Committee on the Judici- Anwar Sadat in recognition of his he- gage in certain risky activities and limiting ary. roic achievements and courageous con- conflicts of interest, to reinstate certain By Mr. MURPHY (for himself and Mr. tributions to peace in the Middle East. Glass-Steagall Act protections that were re- BLUMENTHAL): pealed by the Gramm-Leach-Bliley Act, and S. Res. 121. A resolution designating April S. 283 for other purposes; to the Committee on 11, 2017, as the ‘‘National Birthday of the At the request of Mr. FRANKEN, the Banking, Housing, and Urban Affairs. U.S. Navy Submarine Force’’; to the Com- name of the Senator from Wisconsin By Mr. ROUNDS (for himself, Mr. mittee on the Judiciary. (Ms. BALDWIN) was added as a cospon- MANCHIN, Ms. WARREN, and Mr. f sor of S. 283, a bill to amend title 38, KAINE): United States Code, to provide for the S. 882. A bill to amend title 38, United ADDITIONAL COSPONSORS States Code, to provide for the entitlement treatment of veterans who participated to educational assistance under the Post-9/11 S. 57 in the cleanup of Enewetak Atoll as ra- Educational Assistance Program of the De- At the request of Mr. CASSIDY, the diation exposed veterans for purposes partment of Veterans Affairs for members of name of the Senator from Oklahoma of the presumption of service-connec- the Armed Forces awarded the Purple Heart, (Mr. LANKFORD) was added as a cospon- tion of certain disabilities by the Sec- and for other purposes; to the Committee on sor of S. 57, a bill to require the Sec- retary of Veterans Affairs, and for Veterans’ Affairs. By Ms. MURKOWSKI (for herself and retary of Veterans Affairs to revoke other purposes. Mr. SULLIVAN): bonuses paid to employees involved in S. 293 S. 883. A bill to provide for reforms of the electronic wait list manipulations, and At the request of Mr. SCOTT, the administration of the outer Continental for other purposes. name of the Senator from New Hamp- Shelf of the United States, and for other pur- S. 59 shire (Ms. HASSAN) was added as a co- poses; to the Committee on Energy and Nat- ural Resources. At the request of Mr. CRAPO, the sponsor of S. 293, a bill to amend the By Ms. MURKOWSKI: name of the Senator from Georgia (Mr. Internal Revenue Code of 1986 to pro- S. 884. A bill to amend the Omnibus Budget ISAKSON) was added as a cosponsor of S. vide for the deferral of inclusion in Reconciliation Act of 1993 to require the Bu- 59, a bill to provide that silencers be gross income for capital gains rein- reau of Land Management to provide a treated the same as long guns. vested in opportunity zones. claimant of a small miner waiver from claim S. 74 S. 322 maintenance fees with a period of 60 days after written receipt of 1 or more defects is At the request of Mr. SCHATZ, his At the request of Mr. PETERS, the provided to the claimant by registered mail name was added as a cosponsor of S. 74, name of the Senator from Michigan to cure the 1 or more defects or pay the a bill to improve the ability of the Na- (Ms. STABENOW) was added as a cospon- claim maintenance fee, and for other pur- tional Oceanic and Atmospheric Ad- sor of S. 322, a bill to protect victims of poses; to the Committee on Energy and Nat- ministration, the Coast Guard, and domestic violence, sexual assault, ural Resources. coastal States to sustain healthy ocean stalking, and dating violence from By Mr. CASEY (for himself and Mr. and coastal ecosystems by maintaining CARDIN): emotional and psychological trauma S. 885. A bill to amend the Internal Rev- and sustaining their capabilities relat- caused by acts of violence or threats of enue Code of 1986 to include foster care tran- ing to oil spill preparedness, preven- violence against their pets. sition youth as members of targeted groups tion, response, and for other purposes. S. 324 for purposes of the work opportunity credit; S. 108 At the request of Ms. HIRONO, the to the Committee on Finance. By Mr. DAINES (for himself and Mrs. At the request of Mr. HATCH, the name of the Senator from Rhode Island MCCASKILL): name of the Senator from Illinois (Ms. (Mr. WHITEHOUSE) was added as a co- S. 886. A bill to amend the Homeland Secu- DUCKWORTH) was added as a cosponsor sponsor of S. 324, a bill to amend title rity Act of 2002 to establish an Acquisition of S. 108, a bill to amend the Internal 38, United States Code, to improve the Review Board in the Department of Home- Revenue Code of 1986 to repeal the ex- provision of adult day health care serv- land Security, and for other purposes; to the cise tax on medical devices. ices for veterans. Committee on Homeland Security and Gov- ernmental Affairs. S. 203 S. 393 By Mr. DAINES (for himself and Mrs. At the request of Mr. BURR, the name At the request of Mr. SCOTT, the MCCASKILL): of the Senator from Colorado (Mr. name of the Senator from Minnesota

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.105 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2426 CONGRESSIONAL RECORD — SENATE April 6, 2017 (Ms. KLOBUCHAR) was added as a co- S. 655 (Mr. BLUMENTHAL) and the Senator sponsor of S. 393, a bill to amend the At the request of Mr. RISCH, the from Delaware (Mr. COONS) were added Internal Revenue Code of 1986 to allow name of the Senator from Mississippi as cosponsors of S. 829, a bill to reau- employers a credit against income tax (Mr. COCHRAN) was added as a cospon- thorize the Assistance to Firefighters for employees who participate in quali- sor of S. 655, a bill to exempt certain Grants program, the Fire Prevention fied apprenticeship programs. 16- and 17-year-old individuals em- and Safety Grants program, and the S. 413 ployed in logging operations from child Staffing for Adequate Fire and Emer- At the request of Mrs. CAPITO, the labor laws. gency Response grant program, and for name of the Senator from South Da- S. 697 other purposes. kota (Mr. THUNE) was added as a co- At the request of Mr. DAINES, the S. 835 sponsor of S. 413, a bill to amend title name of the Senator from Montana At the request of Mr. MURPHY, the XVIII of the Social Security Act to (Mr. TESTER) was added as a cosponsor name of the Senator from Delaware prohibit prescription drug plan spon- of S. 697, a bill to amend the Internal (Mr. COONS) was added as a cosponsor sors and MA–PD organizations under Revenue Code of 1986 to lower the mile- of S. 835, a bill to require the Supreme the Medicare program from retro- age threshold for deduction in deter- Court of the United States to promul- actively reducing payment on clean mining adjusted gross income of cer- gate a code of ethics. claims submitted by pharmacies. tain expenses of members of reserve S. 845 components of the Armed Forces, and S. 479 At the request of Mr. BLUMENTHAL, for other purposes. At the request of Mr. BROWN, the the name of the Senator from Nevada S. 722 name of the Senator from Arkansas (Ms. CORTEZ MASTO) was added as a co- (Mr. COTTON) was added as a cosponsor At the request of Mr. CORKER, the sponsor of S. 845, a bill to protect sen- of S. 479, a bill to amend title XVIII of name of the Senator from North Da- sitive community locations from harm- the Social Security Act to waive coin- kota (Mr. HOEVEN) was added as a co- ful immigration enforcement action, surance under Medicare for colorectal sponsor of S. 722, a bill to impose sanc- and for other purposes. cancer screening tests, regardless of tions with respect to Iran in relation to S. RES. 59 whether therapeutic intervention is re- Iran’s ballistic missile program, sup- At the request of Mr. BLUMENTHAL, quired during the screening. port for acts of international ter- the name of the Senator from Rhode Is- S. 545 rorism, and violations of human rights, land (Mr. WHITEHOUSE) was added as a At the request of Mr. PAUL, the name and for other purposes. cosponsor of S. Res. 59, a resolution ex- of the Senator from Arkansas (Mr. S. 792 pressing the support for the designa- BOOZMAN) was added as a cosponsor of At the request of Mr. TILLIS, the tion of February 12, 2017, as ‘‘Darwin S. 545, a bill to preserve and protect the names of the Senator from Arizona Day’’ and recognizing the importance free choice of individual employees to (Mr. FLAKE) and the Senator from Lou- of science in the betterment of human- form, join, or assist labor organiza- isiana (Mr. CASSIDY) were added as co- ity. tions, or to refrain from such activi- sponsors of S. 792, a bill to amend the ties. Immigration and Nationality Act to es- S. RES. 87 At the request of Mr. KAINE, the S. 548 tablish an H–2B temporary non-agricul- names of the Senator from New Hamp- At the request of Ms. CANTWELL, the tural work visa program, and for other names of the Senator from Vermont purposes. shire (Mrs. SHAHEEN), the Senator from New Jersey (Mr. MENENDEZ), the Sen- (Mr. SANDERS) and the Senator from S. 796 ator from Oregon (Mr. MERKLEY), the New Hampshire (Ms. HASSAN) were At the request of Mr. WARNER, the added as cosponsors of S. 548, a bill to name of the Senator from Montana Senator from New Jersey (Mr. BOOKER) amend the Internal Revenue Code of (Mr. TESTER) was added as a cosponsor and the Senator from Minnesota (Ms. 1986 to reform the low-income housing of S. 796, a bill to amend the Internal KLOBUCHAR) were added as cosponsors credit, and for other purposes. Revenue Code of 1986 to extend the ex- of S. Res. 87, a resolution expressing the sense of the Senate concerning the S. 568 clusion for employer-provided edu- ongoing conflict in Syria as it reaches At the request of Mr. BROWN, the cation assistance to employer pay- its six-year mark in March, the ensu- name of the Senator from New Hamp- ments of student loans. ing humanitarian crisis in Syria and shire (Mrs. SHAHEEN) was added as a co- S. 808 neighboring countries, the resulting sponsor of S. 568, a bill to amend title At the request of Mr. THUNE, the humanitarian and national security XVIII of the Social Security Act to name of the Senator from North Da- challenges, and the urgent need for a count a period of receipt of outpatient kota (Mr. HOEVEN) was added as a co- political solution to the crisis. observation services in a hospital to- sponsor of S. 808, a bill to provide pro- ward satisfying the 3-day inpatient tections for certain sports medicine S. RES. 106 hospital requirement for coverage of professionals who provide certain med- At the request of Mr. WICKER, the skilled nursing facility services under ical services in a secondary State. name of the Senator from New Hamp- Medicare. S. 811 shire (Mrs. SHAHEEN) was added as a co- S. 583 At the request of Mr. ENZI, the name sponsor of S. Res. 106, a resolution ex- At the request of Mr. CORNYN, the of the Senator from Mississippi (Mr. pressing the sense of the Senate to sup- names of the Senator from Indiana COCHRAN) was added as a cosponsor of port the territorial integrity of Geor- (Mr. DONNELLY) and the Senator from S. 811, a bill to ensure that organiza- gia. Indiana (Mr. YOUNG) were added as co- tions with religious or moral convic- S. RES. 114 sponsors of S. 583, a bill to amend the tions are allowed to continue to pro- At the request of Mr. YOUNG, the Omnibus Crime Control and Safe vide services for children. names of the Senator from Colorado Streets Act of 1968 to authorize COPS S. 818 (Mr. GARDNER) and the Senator from grantees to use grant funds to hire vet- At the request of Mr. CASEY, the Delaware (Mr. COONS) were added as co- erans as career law enforcement offi- name of the Senator from Arkansas sponsors of S. Res. 114, a resolution ex- cers, and for other purposes. (Mr. COTTON) was added as a cosponsor pressing the sense of the Senate on hu- S. 594 of S. 818, a bill to amend the Internal manitarian crises in Nigeria, Somalia, At the request of Mr. CORNYN, the Revenue Code of 1986 to allow individ- South Sudan, and Yemen. names of the Senator from Arkansas uals with disabilities to save additional S. RES. 116 (Mr. BOOZMAN) and the Senator from amounts in their ABLE accounts above At the request of Mr. CARDIN, the Arkansas (Mr. COTTON) were added as the current annual maximum contribu- names of the Senator from New Jersey cosponsors of S. 594, a bill to authorize tion if they work and earn income. (Mr. MENENDEZ), the Senator from New the Secretary of Homeland Security to S. 829 Jersey (Mr. BOOKER), the Senator from work with cybersecurity consortia for At the request of Mr. MCCAIN, the Oregon (Mr. MERKLEY) and the Senator training, and for other purposes. names of the Senator from Connecticut from Massachusetts (Mr. MARKEY) were

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.108 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2427 added as cosponsors of S. Res. 116, a House of Representatives. I ask my measurable, quantitative terms, which must resolution condemning the Assad re- Senate colleagues to join us in support be met in order to accomplish the goals of gime for its continued use of chemical of this important legislation. such program. Mr. President, I ask unanimous con- ‘‘(7) BEST PRACTICES.—The term ‘best prac- weapons against the Syrian people. tices’, with respect to acquisition, means a S. RES. 118 sent that the text of the bill be printed knowledge-based approach to capability de- At the request of Ms. DUCKWORTH, in the RECORD. velopment that includes— her name was added as a cosponsor of There being no objection, the text of ‘‘(A) identifying and validating needs; S. Res. 118, a resolution condemning the bill was ordered to be printed in ‘‘(B) assessing alternatives to select the hate crime and any other form of rac- the RECORD, as follows: most appropriate solution; ‘‘(C) clearly establishing well-defined re- ism, religious or ethnic bias, discrimi- S. 886 quirements; nation, incitement to violence, or ani- Be it enacted by the Senate and House of Rep- ‘‘(D) developing realistic cost assessments mus targeting a minority in the United resentatives of the United States of America in and schedules; States. Congress assembled, ‘‘(E) securing stable funding that matches f SECTION 1. SHORT TITLE. resources to requirements; This Act may be cited as the ‘‘DHS Acqui- ‘‘(F) demonstrating technology, design, STATEMENTS ON INTRODUCED sition Review Board Act of 2017’’. and manufacturing maturity; BILLS AND JOINT RESOLUTIONS SEC. 2. ACQUISITION REVIEW BOARD. ‘‘(G) using milestones and exit criteria or By Mr. DAINES (for himself and (a) IN GENERAL.—Subtitle D of title VIII of specific accomplishments that demonstrate the Homeland Security Act of 2002 (6 U.S.C. progress; Mrs. MCCASKILL): ‘‘(H) adopting and executing standardized S. 886. A bill to amend the Homeland 391 et seq.) is amended by adding at the end the following: processes with known success across pro- Security Act of 2002 to establish an Ac- grams; ‘‘SEC. 836. ACQUISITION REVIEW BOARD. quisition Review Board in the Depart- ‘‘(I) establishing an adequate workforce ‘‘(a) DEFINITIONS.—In this section: ment of Homeland Security, and for that is qualified and sufficient to perform ‘‘(1) ACQUISITION.—The term ‘acquisition’ necessary functions; and other purposes; to the Committee on has the meaning given the term in section ‘‘(J) integrating the capabilities described Homeland Security and Governmental 131 of title 41, United States Code. in subparagraphs (A) through (I) into the Affairs. ‘‘(2) ACQUISITION DECISION AUTHORITY.—The mission and business operations of the De- Mr. DAINES. Mr. President, the De- term ‘acquisition decision authority’ means partment. partment of Homeland Security, DHS, the authority, held by the Secretary acting ‘‘(8) BOARD.—The term ‘Board’ means the through the Deputy Secretary or Under Sec- is tasked with keeping Americans safe Acquisition Review Board required to be es- retary for Management to— in the homeland. To carry out this mis- tablished under subsection (b). ‘‘(A) ensure compliance with Federal law, sion, DHS spends over $7 billion on ac- ‘‘(9) MAJOR ACQUISITION PROGRAM.—The the Federal Acquisition Regulation, and De- term ‘major acquisition program’ means a quisition programs annually. DHS and partment acquisition management direc- Department acquisition program that is esti- its agencies are held to a high standard tives; mated by the Secretary to require an even- for keeping our Nation safe. We also ‘‘(B) review (including approving, pausing, tual total expenditure of not less than must hold it to a high standard of fis- modifying, or cancelling) an acquisition pro- $300,000,000 (based on fiscal year 2017 con- gram through the life cycle of the program; cal responsibility. DHS must be good stant dollars) over the life cycle cost of the ‘‘(C) ensure that acquisition program man- stewards of taxpayer resources. acquisition program. agers have the resources necessary to suc- DHS’s acquisition process has long ‘‘(b) ESTABLISHMENT OF BOARD.—The Sec- faced problems resulting in waste, cessfully execute an approved acquisition retary shall establish an Acquisition Review delays, and under delivery of perform- program; Board to— ‘‘(D) ensure good acquisition program man- ance objectives. Since the inception of ‘‘(1) strengthen accountability and uni- agement of cost, schedule, risk, and system formity within the Department acquisition DHS, the Government Accountability performance of the acquisition program at Office, GAO, has highlighted challenges review process; issue, including assessing acquisition pro- ‘‘(2) review major acquisition programs; and offered recommendations to im- gram baseline breaches and directing any and prove the acquisition process. There corrective action for such breaches; and ‘‘(3) review the use of best practices. has been progress; however, there con- ‘‘(E) ensure that acquisition program man- ‘‘(c) COMPOSITION.— tinues to be room for improvement. Ac- agers, on an ongoing basis, monitor cost, ‘‘(1) CHAIRPERSON.—The Under Secretary cording to a GAO report released schedule, and performance against estab- for Management shall serve as chairperson of lished baselines and use tools to assess risks the Board. today, DHS’s acquisition process re- to an acquisition program at all phases of mains a high-risk issue, susceptible to ‘‘(2) OTHER MEMBERS.—The Secretary shall the life cycle of such program to avoid and ensure participation by other relevant De- cost overruns and schedules delays. mitigate acquisition program baseline partment officials, including not fewer than These issues reduce buying power and breaches. 2 component heads or their designees, as per- force security employees to wait for ‘‘(3) ACQUISITION DECISION EVENT.—The manent members of the Board. new capabilities. This is not fair to term ‘acquisition decision event’, with re- ‘‘(d) MEETINGS.— those on the front lines tasked with spect to an acquisition program, means a ‘‘(1) REGULAR MEETINGS.—The Board shall keeping us safe and it is not fair to the predetermined point within each of the ac- meet regularly for purposes of ensuring all quisition phases at which the acquisition de- acquisitions processes proceed in a timely American taxpayers. cision authority determines whether the ac- I spent 28 years in the private sector. fashion to achieve mission readiness. quisition program shall proceed to the next ‘‘(2) OTHER MEETINGS.—The Board shall I know when tough business decisions acquisition phase. convene— need to be made, you convene a board ‘‘(4) ACQUISITION DECISION MEMORANDUM.— ‘‘(A) at the discretion of the Secretary; and that brings with it a breadth of experi- The term ‘acquisition decision memo- ‘‘(B) at any time— ence and a deep understanding of stra- randum’, with respect to an acquisition, ‘‘(i) a major acquisition program— tegic objectives and goals. means the official acquisition decision event ‘‘(I) requires authorization to proceed from That is why I am introducing the record that includes a documented record of one acquisition decision event to another OHS Acquisition Review Board Act of decisions, exit criteria, and assigned actions throughout the acquisition life cycle; for the acquisition, as determined by the per- 2017. This legislation will create a re- ‘‘(II) is in breach of the approved require- son exercising acquisition decision authority ments of the major acquisition program; or view board within the Department to for the acquisition. ‘‘(III) requires additional review, as deter- strengthen accountability and uni- ‘‘(5) ACQUISITION PROGRAM.—The term ‘ac- mined by the Under Secretary for Manage- formity across all agencies and the en- quisition program’ means the process by ment; or tire acquisition process, ensure long which the Department acquires, with any ap- ‘‘(ii) a non-major acquisition program re- term strategic objectives are met, and propriated amounts, by contract for pur- quires review, as determined by the Under ensure the use of industry-proven best chase or lease, property or services (includ- Secretary for Management. practices. ing construction) that support the missions ‘‘(e) RESPONSIBILITIES.—The responsibil- and goals of the Department. ities of the Board are as follows: I thank Senator MCCASKILL for being ‘‘(6) ACQUISITION PROGRAM BASELINE.—The ‘‘(1) Determine whether a proposed acquisi- an original cosponsor of this bill and term ‘acquisition program baseline’, with re- tion has met the requirements of key phases Representatives THOMAS GARRETT and spect to an acquisition program, means a of the acquisition life cycle framework and MICHAEL MCCAUL for leading introduc- summary of the cost, schedule, and perform- is able to proceed to the next phase and tion of companion legislation in the ance parameters, expressed in standard, eventual full production and deployment.

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.109 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2428 CONGRESSIONAL RECORD — SENATE April 6, 2017 ‘‘(2) Oversee whether the business strategy, ‘‘(4) Activities to ensure that practices are bill and Representatives BRIAN resources, management, and accountability adopted and implemented throughout the FITZPATRICK and MICHAEL MCCAUL for of a proposed acquisition is executable and is Department under subsection (e)(6).’’. leading introduction of companion leg- aligned to strategic initiatives. (b) CLERICAL AMENDMENT.—The table of islation in the House of Representa- contents in section 1(b) of the Homeland Se- ‘‘(3) Support the person with acquisition tives. I ask my Senate colleagues to decision authority for an acquisition in de- curity Act of 2002 (6 U.S.C. 101 et seq.) is termining the appropriate direction for the amended by inserting after the item relating join us in support of this important acquisition at key acquisition decision to section 835 the following: legislation. events. ‘‘Sec. 836. Acquisition Review Board.’’. Mr. President, I ask unanimous con- ‘‘(4) Conduct systematic reviews of acquisi- sent that the text of the bill be printed tions to ensure that the acquisitions are pro- By Mr. DAINES (for himself and in the RECORD. gressing in compliance with the approved Mrs. MCCASKILL): There being no objection, the text of documents for their current acquisition S. 887. A bill to amend the Homeland the bill was ordered to be printed in phases. Security Act of 2002 to require a the RECORD, as follows: ‘‘(5) Review the acquisition documents of multiyear acquisition strategy for the S. 887 each major acquisition program, including Department of Homeland Security, and Be it enacted by the Senate and House of Rep- the acquisition program baseline and docu- for other purposes; to the Committee resentatives of the United States of America in mentation reflecting consideration of trade- Congress assembled, offs among cost, schedule, and performance on Homeland Security and Govern- SECTION 1. SHORT TITLE. objectives, to ensure the reliability of under- mental Affairs. This Act may be cited as the ‘‘DHS lying data. Mr. DAINES. Mr. President, the De- Multiyear Acquisition Strategy Act of 2017’’. ‘‘(6) Ensure that practices are adopted and partment of Homeland Security, DHS, SEC. 2. MULTIYEAR ACQUISITION STRATEGY. implemented to require consideration of is tasked with keeping Americans safe (a) IN GENERAL.—Subtitle D of title VIII of trade-offs among cost, schedule, and per- in the homeland. To carry out this mis- the Homeland Security Act of 2002 (6 U.S.C. formance objectives as part of the process for sion, DHS spends over $7 billion on ac- 391 et seq.) is amended by adding at the end developing requirements for major acquisi- quisition programs annually. DHS and the following: tion programs prior to the initiation of the its agencies are held to a high standard ‘‘SEC. 836. MULTIYEAR ACQUISITION STRATEGY. second acquisition decision event, including, ‘‘(a) DEFINITIONS.—In this section: at a minimum, the following practices: for keeping our Nation safe. We also ‘‘(1) ACQUISITION.—The term ‘acquisition’ ‘‘(A) Department officials responsible for must hold it to a high standard of fiscal responsibility. DHS must be good has the meaning given the term in section acquisition, budget, and cost estimating 131 of title 41, United States Code. functions are provided with the appropriate stewards of taxpayer resources. ‘‘(2) APPROPRIATE COMMITTEES OF CON- opportunity to develop estimates and raise DHS’s acquisition process has long GRESS.—The term ‘appropriate committees cost and schedule matters before perform- faced problems resulting in waste, of Congress’ has the meaning given the term ance objectives are established for capabili- delays, and under delivery of perform- in section 226(a). ties when feasible. ance objectives. Since the inception of ‘‘(3) BEST PRACTICES.—The term ‘best prac- ‘‘(B) Full consideration is given to possible DHS, the Government Accountability tices’, with respect to acquisition, means— trade-offs among cost, schedule, and per- Office, GAO, has highlighted challenges ‘‘(A) a knowledge-based approach to capa- formance objectives for each alternative. and offered recommendations to im- bility development that includes identifying ‘‘(f) ACQUISITION PROGRAM BASELINE RE- prove the acquisition process. There and validating needs; PORT REQUIREMENT.—If the person exercising ‘‘(B) assessing alternatives to select the has been progress; however, there con- most appropriate solution; acquisition decision authority over a major tinues to be room for improvement. Ac- acquisition program approves the major ac- ‘‘(C) clearly establishing well-defined re- quisition program to proceed into the plan- cording to a GAO report release today, quirements; ning phase before the major acquisition pro- DHS’s acquisition process remains a ‘‘(D) developing realistic cost assessments gram has a Department-approved acquisition high-risk issue, susceptible to cost and schedules; program baseline— overruns and schedules delays. These ‘‘(E) securing stable funding that matches ‘‘(1) the Under Secretary for Management issues reduce buying power and force resources to requirements; shall create and approve an acquisition pro- security employees to wait for new ca- ‘‘(F) demonstrating technology, design, gram baseline report regarding such ap- pabilities. This is not fair to those on and manufacturing maturity; proval; and ‘‘(G) using milestones and exit criteria or the frontlines tasked with keeping us specific accomplishments that demonstrate ‘‘(2) the Secretary shall— safe, and it is not fair to the American ‘‘(A) not later than 7 days after the date on progress; taxpayers. ‘‘(H) adopting and executing standardized which the acquisition decision memorandum That is why I am introducing the is signed, notify in writing the Committee on processes with known success across pro- Homeland Security of the House of Rep- DHS Multiyear Acquisition Strategy grams; resentatives and the Committee on Home- Act of 2017. This legislation will re- ‘‘(I) establishing an adequate workforce land Security and Governmental Affairs of quire DHS to develop a multiyear ac- that is qualified and sufficient to perform the Senate of the decision; and quisition plan to guide the overall di- necessary functions; and ‘‘(B) not later than 60 days after the date rection of the Department’s acquisi- ‘‘(J) integrating the capabilities described on which the acquisition decision memo- tions, across all agencies, and include in subparagraphs (A) through (I) into the mission and business operations of the De- randum is signed, submit to the Committee it annually in the Department’s budget on Homeland Security of the House of Rep- partment. request to Congress. It will create a ‘‘(4) COMPONENT ACQUISITION EXECUTIVE.— resentatives and the Committee on Home- Departmentwide prioritized list of in- land Security and Governmental Affairs of The term ‘Component Acquisition Executive’ the Senate a report stating the rationale for vestment, to ensure limited resources means the senior acquisition official within such decision and a plan of action to require are being directed to the highest val- a component who is designated in writing by an acquisition program baseline for such pro- ued use. the Under Secretary for Management, in gram. This legislation will increase commu- consultation with the component head, with nication internal to DHS, as well as authority and responsibility for leading a ‘‘(g) REPORT.—Not later than 1 year after with industry and with academia, to process and staff to provide acquisition and the date of enactment of this section and program management oversight, policy, and every year thereafter through fiscal year help identify current capability gaps guidance to ensure that statutory, regu- 2022, the Under Secretary for Management and future technological needs. It also latory, and higher level policy requirements shall provide information to the Committee includes private sector principles, such are fulfilled, including compliance with Fed- on Homeland Security of the House of Rep- as developing incentives for program eral law, the Federal Acquisition Regulation, resentatives and the Committee on Home- managers to exceed project cost, sched- and Department acquisition management di- land Security and Governmental Affairs of ule, and capabilities goals. I have seen rectives established by the Under Secretary the Senate on the activities of the Board for these principles work during my 28- for Management. the prior fiscal year that includes informa- year private sector career, and it is ‘‘(5) MAJOR ACQUISITION PROGRAM.—The tion relating to the following: long past due that we apply them to term ‘major acquisition program’ means an ‘‘(1) For each meeting of the Board, any ac- acquisition program of the Department that quisition decision memoranda. government. We must move away from is estimated by the Secretary to require an ‘‘(2) Results of the systematic reviews con- the ‘‘spend it or lose it’’ mentality of eventual total expenditure of not less than ducted under subsection (e)(4). government budgeting. $300,000,000 (based on fiscal year 2017 con- ‘‘(3) Results of acquisition document re- I thank Senator CLAIRE MCCASKILL stant dollars) over the life cycle cost of the views required under subsection (e)(5). for being an original cosponsor of this program.

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‘‘(b) MULTIYEAR ACQUISITION STRATEGY RE- prove the ability of the Department to test ‘‘(f) ACQUISITION WORKFORCE PLAN.— QUIRED.— and acquire innovative solutions to allow ‘‘(1) ACQUISITION WORKFORCE.—The strategy ‘‘(1) IN GENERAL.—Not later than 1 year needed incentives and protections for appro- required under subsection (b) shall include a after the date of enactment of this section, priate risk-taking in order to meet the ac- plan to address Department acquisition the Secretary shall submit to the appro- quisition needs of the Department with resil- workforce accountability and talent man- priate committees of Congress and the iency, agility, and responsiveness to assure agement that— Comptroller General of the United States a homeland security and facilitate trade. ‘‘(A) identifies the acquisition workforce multiyear acquisition strategy to— ‘‘(6) FOCUS ON INCENTIVES TO SAVE TAX- needs of each component performing acquisi- ‘‘(A) guide the overall direction of the ac- PAYER DOLLARS.—An assessment of ways the tion functions; and quisitions of the Department while allowing Department can develop incentives for pro- ‘‘(B) develops options for filling those flexibility to deal with ever-changing threats gram managers and senior acquisition offi- needs with qualified individuals, including a and risks; and cials of the Department to— cost-benefit analysis of contracting for ac- ‘‘(B) help industry better understand, plan, ‘‘(A) prevent cost overruns; quisition assistance. and align resources to meet the future acqui- ‘‘(B) avoid schedule delays; and ‘‘(2) ADDITIONAL MATTERS COVERED.—The sition needs of the Department. ‘‘(C) achieve cost savings in major acquisi- acquisition workforce plan under this sub- ‘‘(2) UPDATES.—The strategy required tion programs. section shall address ways to— under paragraph (1) shall be updated and in- ‘‘(7) FOCUS ON ADDRESSING DELAYS AND BID ‘‘(A) improve the recruitment, hiring, cluded in each Future Years Homeland Secu- PROTESTS.—An assessment of ways the De- training, and retention of Department acqui- rity Program required under section 874. partment can improve the acquisition proc- sition workforce personnel, including con- ‘‘(3) FORM.—The Secretary shall— ess to minimize cost overruns in— tracting officers’ representatives, in order to ‘‘(A) submit the strategy required under ‘‘(A) requirements development; retain highly qualified individuals who have paragraph (1) in unclassified form, but may ‘‘(B) procurement announcements; experience in the acquisition life cycle, com- include a classified annex for any sensitive ‘‘(C) requests for proposals; plex procurements, and management of large or classified information if necessary; and ‘‘(D) evaluations of proposals; programs; ‘‘(B) publish the strategy required under ‘‘(E) protests of decisions and awards; and ‘‘(B) empower program managers to have paragraph (1) in an unclassified format that ‘‘(F) the use of best practices. the authority to manage their programs in is publicly available. ‘‘(8) FOCUS ON IMPROVING OUTREACH.—An an accountable and transparent manner as ‘‘(c) CONSULTATION.—In developing the identification and assessment of ways to in- such managers work with the acquisition strategy required under subsection (b), the crease opportunities for communication and workforce; Secretary shall, as the Secretary determines collaboration with industry, small and dis- ‘‘(C) prevent duplication within Depart- appropriate, consult with headquarters, com- advantaged businesses, intra-government en- ment acquisition workforce training and cer- ponents, employees in the field, and individ- tities, university centers of excellence, ac- tification requirements through leveraging uals from industry and the academic com- credited certification and standards develop- existing training within the Federal Govern- munity. ment organizations, and national labora- ment, academic community, or private in- ‘‘(d) CONTENTS OF STRATEGY.—The strategy tories to ensure that the Department under- dustry; required under subsection (b) shall include stands the market for technologies, prod- ‘‘(D) achieve integration and consistency the following: ucts, and innovation that is available to with Government-wide training and accredi- ‘‘(1) PRIORITIZED LIST.—A systematic and meet the mission needs of the Department tation standards, acquisition training tools, integrated prioritized list developed by the and to inform the requirements-setting proc- and training facilities; Under Secretary for Management in coordi- ess of the Department before engaging in an ‘‘(E) designate the acquisition positions nation with all of the Component Acquisi- acquisition, including— that will be necessary to support the acquisition Executives of major acquisition pro- ‘‘(A) methods designed especially to engage tion requirements of the Department, includ- grams that Department and component ac- small and disadvantaged businesses, a cost- ing in the fields of— quisition investments seek to address, in- benefit analysis of the tradeoffs that small ‘‘(i) program management; cluding the expected security and economic and disadvantaged businesses provide, infor- ‘‘(ii) systems engineering; benefit of the program or system that is the mation relating to barriers to entry for ‘‘(iii) procurement, including contracting; subject of acquisition and an analysis of how small and disadvantaged businesses, and in- ‘‘(iv) test and evaluation; the security and economic benefit derived formation relating to unique requirements ‘‘(v) life cycle logistics; from the program or system will be meas- for small and disadvantaged businesses; and ‘‘(vi) cost estimating and program finan- ured. ‘‘(B) within the Department Vendor Com- cial management; and ‘‘(2) INVENTORY.—A plan to develop a reli- munication Plan and Market Research ‘‘(vii) additional disciplines appropriate to able Department-wide inventory of invest- Guide, instructions for interaction by acqui- the mission needs of the Department; ments and real property assets to help the sition program managers with those entities ‘‘(F) strengthen the performance of con- Department— to— tracting officers’ representatives (as defined ‘‘(A) plan, budget, schedule, and acquire ‘‘(i) prevent misinterpretation of acquisi- in subpart 1.602–2 and subpart 2.101 of the upgrades of the systems and equipment of tion regulations; and Federal Acquisition Regulation), including the Department; and ‘‘(ii) permit, within legal and ethical by— ‘‘(B) plan for the acquisition and manage- boundaries, interacting with those entities ‘‘(i) assessing the extent to which those ment of future systems and equipment. with transparency. representatives are certified and receive ‘‘(3) FUNDING GAPS.—A plan to address ‘‘(9) COMPETITION.—A plan regarding com- training that is appropriate; funding gaps between funding requirements petition under subsection (e). ‘‘(ii) assessing what training is most effec- for major acquisition programs and known ‘‘(10) ACQUISITION WORKFORCE.—A plan re- tive with respect to the type and complexity available resources, including, to the max- garding the Department acquisition work- of assignment; and imum extent practicable, ways of leveraging force under subsection (f). ‘‘(iii) implementing actions to improve best practices to identify and eliminate over- ‘‘(e) COMPETITION PLAN.—The strategy re- training based on those assessments; and payment for items to— quired under subsection (b) shall include a ‘‘(G) identify ways to increase training for ‘‘(A) prevent wasteful purchasing; plan to address actions to ensure competi- relevant investigators and auditors of the ‘‘(B) achieve the greatest level of efficiency tion, or the option of competition, for major Department to examine fraud in major ac- and cost savings by rationalizing purchases; acquisition programs, which may include as- quisition programs, including identifying op- ‘‘(C) align pricing for similar items; and sessments of the following measures in ap- portunities to leverage existing Federal Gov- ‘‘(D) utilize purchase timing and econo- propriate cases if the measures are cost ef- ernment and private sector resources in co- mies of scale. fective: ordination with the Inspector General of the ‘‘(4) IDENTIFICATION OF CAPABILITIES.—An ‘‘(1) Competitive prototyping. Department.’’. identification of test, evaluation, modeling, ‘‘(2) Dual-sourcing. (b) CLERICAL AMENDMENT.—The table of and simulation capabilities that will be re- ‘‘(3) Unbundling of contracts. contents in section 1(b) of the Homeland Se- quired to— ‘‘(4) Funding of next generation prototype curity Act of 2002 (Public Law 107–296; 116 ‘‘(A) support the acquisition of tech- systems or subsystems. Stat. 2135) is amended by inserting after the nologies to meet the needs of the strategy; ‘‘(5) Use of modular, open architectures to item relating to section 835 the following: ‘‘(B) leverage to the greatest extent pos- enable competition for upgrades. ‘‘Sec. 836. Multiyear acquisition strategy.’’. sible emerging technological trends and re- ‘‘(6) Acquisition of complete technical data SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE search and development trends within the packages. REVIEW OF MULTIYEAR ACQUISI- public and private sectors; and ‘‘(7) Periodic competitions for subsystem TION STRATEGY. ‘‘(C) identify ways to ensure that appro- upgrades. (a) DEFINITIONS.—In this section— priate technology is acquired and integrated ‘‘(8) Licensing of additional suppliers, in- (1) the terms ‘‘acquisition’’, ‘‘best prac- into the operating doctrine of the Depart- cluding small businesses. tices’’, and ‘‘major acquisition program’’ ment to improve mission performance. ‘‘(9) Periodic system or program reviews to have the meanings given those terms in sec- ‘‘(5) FOCUS ON FLEXIBLE SOLUTIONS.—An as- address long-term competitive effects of pro- tion 836 of the Homeland Security Act of sessment of ways the Department can im- gram decisions. 2002, as added by section 2 of this Act; and

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.112 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 S2430 CONGRESSIONAL RECORD — SENATE April 6, 2017 (2) the term ‘‘Department’’ means the De- tion increasing the statutory limit on the (2) proclaims National Alternative Fuel partment of Homeland Security. public debt’’ (Public Law 111–139; 31 U.S.C. Vehicle Day as a day to promote programs (b) REVIEW.—Not later than 180 days after 712 note), each standing committee of the and activities that will lead to the greater the date on which the Secretary of Homeland Senate (except the Committee on Appropria- use of cleaner, more efficient transportation Security submits the first multiyear acquisitions) with jurisdiction over any such pro- that uses new sources of energy; and tion strategy required under section 836 of gram, agency, office, or initiative covered by (3) urges the people of the United States— the Homeland Security Act of 2002, as added that report shall conduct hearings on the (A) to increase the personal and commer- by section 2 of this Act, after the date of en- recommendations for consolidation and cial use of cleaner and energy-efficient alter- actment of this Act, the Comptroller General elimination of such program, agency, office, native fuel vehicles and advanced technology of the United States shall conduct a review or initiative. vehicles; of the strategy and analyze the viability of (b) HIGH RISK LIST.—Not later than 90 days (B) to promote public sector adoption of the effectiveness of the strategy in— after the date on which the Comptroller Gen- cleaner and energy-efficient alternative fuel (1) complying with the requirements of eral of the United States publishes a High vehicles and advanced technology vehicles; such section 836; Risk List, or any successor thereto, each and (2) establishing clear connections between standing committee of the Senate (except (C) to encourage the adoption of Federal Department objectives and acquisition prior- the Committee on Appropriations) with ju- policies to reduce the dependence of the ities; risdiction over any agency or program area United States on foreign oil through the ad- (3) demonstrating that Department acqui- on the High Risk List shall conduct hearings vancement and adoption of alternative, ad- sition policy reflects program management on the vulnerabilities to fraud, waste, abuse, vanced, and emerging vehicle and fuel tech- best practices and standards; and mismanagement, or need for trans- nologies. (4) ensuring competition or the option of formation, of the agency or program area. competition for major acquisition programs; (c) JOINT HEARINGS.—For any program, f agency, office, initiative, or program area (5) considering potential cost savings SENATE RESOLUTION 121—DESIG- through using existing technologies when de- over which more than 1 standing committee veloping acquisition program requirements; of the Senate (except the Committee on Ap- NATING APRIL 11, 2017, AS THE (6) preventing duplication within Depart- propriations) has jurisdiction, to the extent ‘‘NATIONAL BIRTHDAY OF THE ment acquisition workforce training require- determined beneficial and appropriate by the U.S. NAVY SUBMARINE FORCE’’ ments through leveraging already-existing Chairmen of the committees, the commit- Mr. MURPHY (for himself and Mr. training within the Federal Government, tees may hold joint hearings under sub- BLUMENTHAL) submitted the following academic community, or private industry; section (a) or (b). resolution; which was referred to the and f (7) providing incentives for acquisition pro- Committee on the Judiciary: gram managers to reduce acquisition and SENATE RESOLUTION 120—DESIG- S. RES. 121 procurement costs through the use of best NATING APRIL 20, 2017, AS ‘‘NA- Whereas, for 117 years, the broad strategic practices and disciplined program manage- TIONAL ALTERNATIVE FUEL VE- and tactical advantages created by the sub- ment. HICLE DAY’’ marine force of the Navy (referred to in this (c) REPORT.—The Comptroller General of Mr. MANCHIN (for himself and Mrs. preamble as the ‘‘Submarine Force’’) have the United States shall submit to the Com- enhanced the national security of the United mittee on Homeland Security and Govern- CAPITO) submitted the following resolution; which was referred to the Com- States through undersea missions; mental Affairs and the Committee on Appro- Whereas, over the course of the last 11 dec- priations of the Senate and the Committee mittee on the Judiciary: ades, the submarines of the Navy have ad- on Homeland Security and the Committee on S. RES. 120 vanced through 4 generations; Appropriations of the House of Representa- Whereas the United States should reduce Whereas the Navy first acquired a commis- tives a report on the review conducted under dependence on foreign oil and enhance en- sioned submarine, the USS Holland (SS–1), subsection (b), which shall be submitted in ergy security by creating a transportation on April 11, 1900; unclassified form but may include a classi- sector that is less dependent on oil; Whereas the first generation submarines of fied annex. Whereas the United States should improve the Navy rapidly evolved from small, lim- f the air quality of the country by reducing ited-capability submersibles to a dominant emissions from the millions of motor vehi- force in naval warfare; SUBMITTED RESOLUTIONS cles that operate in the United States; Whereas the second generation submarines Whereas the United States should foster of the Navy, defined by the heroes of World national expertise and technological ad- War II, made a decisive difference in a war in SENATE RESOLUTION 119—REQUIR- vancement in the development of cleaner, which control of the sea was crucial; ING AUTHORIZING COMMITTEES more energy-efficient alternative fuel vehi- Whereas the third generation submarines TO HOLD ANNUAL HEARINGS ON cles and advanced technology vehicles; of the Navy, defined by the Cold War and the Whereas a robust domestic industry for al- use nuclear power, helped prevent a nuclear GOVERNMENT ACCOUNTABILITY ternative fuels, alternative fuel vehicles, and world war and secured the interests of the OFFICE INVESTIGATIVE RE- advanced technology vehicles will create United States; PORTS ON THE IDENTIFICATION, jobs and increase the competitiveness of the Whereas the modern, fourth generation CONSOLIDATION, AND ELIMI- United States in the international commu- submarines of the Navy use long-range sen- NATION OF DUPLICATIVE GOV- nity; sors and weapons to stay ahead of global ERNMENT PROGRAMS Whereas the people of the United States threats and preserve freedom of navigation need more options for clean and energy-effi- in the global maritime environment; Mr. GARDNER (for himself and Mr. cient transportation; Whereas, in 2017, the Submarine Force con- PETERS) submitted the following reso- Whereas the mainstream adoption of alter- sists of 52 attack, 14 ballistic missile, and 4 lution; which was referred to the Com- native fuel vehicles and advanced technology guided missile submarines that enable the mittee on Homeland Security and Gov- vehicles will produce benefits at the local, Navy to win wars, prevent conflicts, and de- ernmental Affairs: national, and international levels; feat threats posed by terrorists; Whereas consumers and businesses require Whereas, throughout the history of the S. RES. 119 a better understanding of the benefits of al- Submarine Force, the 1 constant has been Resolved, ternative fuel vehicles and advanced tech- the tremendous character, courage, and dedi- SECTION 1. SHORT TITLE. nology vehicles; cation of the men and women who maintain, This resolution may be cited as the ‘‘Con- Whereas numerous audiences, such as first equip, and train and fight in the submarines gressional Oversight to Start Taxpayer Sav- responders, require comprehensive training of the Navy; and ings Resolution’’ or the ‘‘COST Savings Res- to become fully prepared for any pre- Whereas April 11, 2017, marks the 117th olution’’. cautionary measures for working with alter- birthday of the Submarine Force and is an SEC. 2. REQUIRING COMMITTEE HEARINGS ON native fuel vehicles and advanced technology appropriate date to designate as the ‘‘Na- GOVERNMENT ACCOUNTABILITY OF- vehicles; and tional Birthday of the U.S. Navy Submarine FICE REPORTS. Whereas the Federal Government can lead Force’’: Now, therefore, be it (a) DUPLICATION REPORTS.—Not later than the way toward a cleaner and more efficient Resolved, That the Senate— 90 days after the date on which the Comp- transportation sector by choosing alter- (1) designates April 11, 2017, as the ‘‘Na- troller General of the United States trans- native fuel vehicles and advanced technology tional Birthday of the U.S. Navy Submarine mits each annual report to Congress identi- vehicles for the fleets of the Federal Govern- Force’’; and fying programs, agencies, offices, and initia- ment: Now, therefore, be it (2) acknowledges the critical role that the tives with duplicative goals and activities Resolved, That the Senate— men and women of the submarine force of within the Government under section 21 of (1) designates April 20, 2017, as ‘‘National the Navy fulfill in defending the United the Joint Resolution entitled ‘‘Joint Resolu- Alternative Fuel Vehicle Day’’; States.

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A04AP6.112 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2431 AUTHORITY FOR COMMITTEES TO and chairman of the Senate Committee ANDREW R. DAVIS ZACHARY M. DREADEN MEET on Armed Services, pursuant to the ALEX Y. HERNANDEZ provisions of Public Law 114–328, ap- OLIVIA M. VAUGHAN Mr. GARDNER. Mr. President, I have THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 7 requests for committees to meet dur- points the following individuals to TO THE GRADE INDICATED IN THE UNITED STATES AIR ing today’s session of the Senate. They serve as members of the National Com- FORCE UNDER TITLE 10, U.S.C., SECTION 624: have the approval of the Majority and mission on Military, National, and To be colonel Minority leaders. Public Service: the Honorable Joseph ROBERT P. MCCOY Pursuant to Rule XXVI, paragraph Heck of Nevada and Steve Barney of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Massachusetts. TO THE GRADE INDICATED IN THE UNITED STATES AIR 5(a), of the Standing Rules of the Sen- FORCE UNDER TITLE 10, U.S.C., SECTION 624: ate, the following committees are au- f To be colonel thorized to meet during today’s session ORDER OF PROCEDURE ALLEN R. HENDERSON, JR. of the Senate: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. MCCONNELL. Mr. President, I COMMITTEE ON ARMED SERVICES TO THE GRADE INDICATED IN THE UNITED STATES AIR ask unanimous consent that following FORCE UNDER TITLE 10, U.S.C., SECTION 624: The Committee on Armed Services is leader remarks on Friday, April 7, and To be lieutenant colonel authorized to meet during the session notwithstanding rule XXII, there be 2 GEORGE L. BURNETT of the Senate on Thursday, April 6, hours of debate equally divided in the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2017, at 9:30 a.m. TO THE GRADE INDICATED IN THE UNITED STATES AIR usual form; further, that upon the use FORCE UNDER TITLE 10, U.S.C., SECTION 624: COMMITTEE ON FINANCE or yielding back of time, the Senate To be lieutenant colonel The Committee on Finance is author- vote on the Gorsuch nomination with ized to meet during the session of the DION R. DIXON no intervening action or debate. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate on Thursday, April 6, 2017, at 10 The PRESIDING OFFICER. Without TO THE GRADE INDICATED IN THE UNITED STATES AIR a.m., in 215 Dirksen Senate Office objection, it is so ordered. FORCE UNDER TITLE 10, U.S.C., SECTION 624: Building, to conduct a hearing entitled To be major f ‘‘The 2017 Tax Filing Season: Internal REBECCA A. LIPE Revenue Service Operations and the ORDERS FOR FRIDAY, APRIL 7, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Taxpayer Experience.’’ 2017 TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: COMMITTEE ON FINANCE Mr. MCCONNELL. Mr. President, I To be major The Committee on Finance is author- ask unanimous consent that when the MICHAEL N. TESFAY ized to meet during the session of the Senate completes its business today, it THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senate on Thursday, April 6, 2017, at adjourn until 9:30 a.m., Friday, April 7; TO THE GRADE INDICATED IN THE UNITED STATES AIR 9:30 a.m., in 215 Dirksen Senate Office further, that following the prayer and FORCE UNDER TITLE 10, U.S.C., SECTION 624: Building, to consider the nomination of pledge, the morning hour be deemed To be major Robert Lighthizer, of Florida, to be expired, the Journal of proceedings be MEGAN G. K. STEELE United States Trade Representative. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT approved to date, the time for the two TO THE GRADE INDICATED IN THE UNITED STATES AIR COMMITTEE ON FOREIGN RELATIONS leaders be reserved for their use later FORCE UNDER TITLE 10, U.S.C., SECTION 624: The Committee on Foreign Relations in the day, and morning business be To be major is authorized to meet during the ses- closed; finally, that following leader RYAN W. ABNER sion of the Senate on Thursday, April remarks, the Senate resume executive CHRISTINE M. AINSWORTH JULIE L. AIRHART 6, 2017 at 11 a.m., to hold a business session to consider the nomination of JEANETTE AMBERSLEY meeting. Neil Gorsuch, as under the previous SEAN M. AMPORT ELENA A. AMSPACHER COMMITTEE ON INTELLIGENCE order. ERICKA M. ANDERSON The PRESIDING OFFICER. Without MELISSA M. ANHALT The Senate Select Committee on In- JONATHAN R. BEATTY telligence is authorized to meet during objection, it is so ordered. DAVID M. BERGERON DAENA E. BERTACINI the session of the 115th Congress of the f HOLLY E. BLACK U.S. Senate on Thursday, April 6, 2017 MELISSA B. BLACKBURN ADJOURNMENT UNTIL 9:30 A.M. TARA R. BLACKWELDER at 2 p.m., in room SH–219 of the Senate TOMORROW PINKY JAYNE BREWTON Hart Office Building. JOSHUA K. BROWN Mr. MCCONNELL. Mr. President, if TAMARA N. BROWN SUBCOMMITTEE ON AVIATION OPERATIONS, REBECCA J. BRYANT there is no further business to come be- SAFETY AND SECURITY KRISTEN D. CALDWELL fore the Senate, I ask unanimous con- JENA J. CAMPBELL The Committee on Commerce, OMAR CARRASCO sent that it stand adjourned under the Science, and Transportation is author- ARTHUR R. CARTWRIGHT, JR. previous order. MELODY L. COBB ized to hold a meeting during the ses- HEATHER D. COHEN There being no objection, the Senate, sion of the Senate on Thursday, April JOPER E. COLLADO at 7:05 p.m., adjourned until Friday, NATURE D. COMANS 6, 2017, at 10 a.m. in room 253 of the JOANNA M. COOLEY April 7, 2017, at 9:30 a.m. Russell Senate Office Building. KYLE W. CRISSMAN KATRINA S. CROWELL The Committee will hold Sub- f ROWENA D. DACUMOS committee Hearing on FAA Reauthor- PATRICK J. DAVIDSON NOMINATIONS CANDIDA K. DAVIS ization: Perspectives on Rural Air TRACY T. DAVIS Service and the General Aviation Com- Executive nominations received by COURTNEY DESUTTER KUJANSUU the Senate: JAN M. DOCKERY munity. ALECIA T. DOEMAN DEPARTMENT OF DEFENSE EDITA U. DUNGCA SUBCOMMITTEE ON REGULATORY AFFAIRS AND JAMES D. DUNHAM FEDERAL MANAGEMENT DAVID L. NORQUIST, OF VIRGINIA, TO BE UNDER SEC- MARC K. DUNHAM RETARY OF DEFENSE (COMPTROLLER), VICE MICHAEL J. SHANNON A. DURHAM The Subcommittee on Regulatory Af- MCCORD. CHRISTIE J. DURNAN fairs and Federal Management of the DEPARTMENT OF HEALTH AND HUMAN SERVICES SHANNON L. EARLYRICE EVALEEN M. FLECK Committee on Homeland Security and ERIC D. HARGAN, OF ILLINOIS, TO BE DEPUTY SEC- BERNADETTE M. GABUCAN Governmental Affairs is authorized to RETARY OF HEALTH AND HUMAN SERVICES, VICE WIL- VALERIA Y. GADSON LIAM V. CORR, RESIGNED. CHRISTOPHER M. GREEN meet during the session of the Senate TAMARA N. GRIMAUD on Thursday, April 6, 2017 at 10 a.m. in DEPARTMENT OF JUSTICE WENDY S. GRUBER order to conduct a roundtable entitled, MAKAN DELRAHIM, OF CALIFORNIA, TO BE AN ASSIST- LORNA B. GUTIERREZ ANT ATTORNEY GENERAL , VICE WILLIAM JOSEPH BAER, SHAUNTEL E. HAAS ‘‘Case Studies in Personnel Manage- RESIGNED. STEPHANIE HANA TANI HAHLBECK AQUILA L. HANEY ment Reform in Federal Agencies.’’ IN THE AIR FORCE JENNIFER R. HARDIN f EUGENE S. HARRIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CONSUILA L. HARRISGAINES APPOINTMENTS TO THE GRADE INDICATED IN THE UNITED STATES AIR FRANK H. HAUN FORCE UNDER TITLE 10, U.S.C., SECTION 624: THOMAS E. HEERING, JR. The PRESIDING OFFICER. The To be major CHRISTINA M. HENDERSON KELLEY M. HENSON Chair, on behalf of the majority leader NEIL R. COPELAND BRYAN M. HERSCH

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MARISA L. HESTER JUSTINA OLIVER PERRY HOOPER DON L. SMITH JEREMY M. HOLZBERGER PATRICK JOSEPH HUGHES MYRNA L. SPENCER LINDSAY A. HONEYCUTT SAMUEL JOSEPH JORDAN ANNE S. STALEY NICOLE M. HUST KENNARD JAMES KEETON II DOUGLAS W. STILES TINA R. ISAAC TAMERA RENEE KENNARD NICOLE THOMPSON STONEBURG DAYLA K. JACKSON ERIN AILEEN KENNY ANNA M. VANCE EMILY K. JARDING MARTA JANINA KOLCZRYAN ANGELIQUE VANN PATTERSON ALEXIS JO JOHNSON STEPHANIE LYN KRAL LISA A. WARE TEKIA L. JONES JENNIFER MARIE LAKE SHAUN S. WESTPHAL THOMAS J. JONES CARMAN ANTHONY LEONE DAVID A. WHITEHORN KRISTIN L. KAAUAMO ANASTASIA M. LEWANDOSKI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ZACKERY D. R. KALINAUSKAS JENNY A. LIABENOW TO THE GRADE INDICATED IN THE UNITED STATES AIR ALINA V. KENDRICK JEREMY JOHN MALDONADO FORCE UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN W. KENNEDY JEREMY A. MARTIN YONG N. KIM YOLANDA DENISE MILLER To be lieutenant colonel SEAN L. KIMSEY DAVID DOMAGALA MITCHELL ARIA A. KLEIN JOCELYN R. MITNAUL WILLIE J. BABOR MICHAEL A. KOLYSKO NICOLE RODRIGUEZ MODESITT SOPHIA B. CARRILLO SARAH U. LEEMULVEY ANN WELLINGTON MORGAN KERIC D. CLANAHAN MELISSA L. LEGOWSKI GREGORY JUSTIN MORGAN DAVID WILLIAM CROMWELL HEATHER M. LEWIS RYAN GRAYSON MOSHELL SIMONE V. DAVIS ANGELA M. LING BRITTANY R. MUSLEVE SARA M. DAYTON LORI L. LITTLEJOHN TYLER BLAIR MUSSELMAN CARLOS M. DEDIOS KEVIN M. MASSEY MEGAN ELIZABETH ORTNER LAURA C. Y. DESIO AVIS L. MCCASLIN BRADLEY JAMES PALMER RANAE L. DOSER PASCUAL REGINA A. MCCLURE RYAN PHILLIPS PAYNE JAMES B. EVES ANGELA L. MCELROY GABRIEL JOHN PODESTA DAVID E. FEITH LISA M. MCFARLAN CHRISTOPHER DALE PORTER KURT T. GERLACH TONI M. MCGEE KATHLEEN MARIE POTTER ANTHONY J. GHIOTTO TIFFANI J. MCMANN RYAN D. RICHTER JAMES H. GUTZMAN MARY KATHRYN MCPHERSON MARQUITA V. RICKS ANDREA MARIE HALL CHRISTINE EVETTE MONTEZ PETER BROOKS ROSE JASON R. HULL NICOLA GORDON MORRISON BRADLEY J. SAUER DYLAN THOMAS IMPERATO PATRICIA A. MORTON KAYLYNN NICOLE SHOOP SAM C. KIDD HILERY D. MULHOLLAND MICAH LEE SMITH JOSEPH J. KUBLER CATHERINE D. NICHOLSON CARSON CUNNINGHAM SPROTT EVEYLON C. MACK MICHAEL S. NIXON JOSHUA MEAD STARR MICHELLE D. MARTY KAREN S. P. NORTHEY WARREN TROY G. TAYLOR BRIAN C. MASON LAURA R. NOWLIN NICK T. TESMER THOMAS A. MCNAB GEOFFREY O. OBIA MEGAN ELIZABETH TONNER ROBINSON GLEN R. MILLER RACHAEL A. PALERMO MATTHEW LLOYD TUSING MONICA E. NUSSBAUM DANIEL T. PEREZ LAURA ASHLEY WAGNER SHERRI M. OHR ALLEN C. POTTER KATHRYN ANNE WATSON JEFFREY C. PHILLIPS KARLA L. PRATHER SAMUEL THOMAS WELCH LANOURRA L. PHILLIPS TAMELA E. PRATT JOSHUA J. WENDELL AMANDA SEIDEL ROCKERS NICOLE A. PRIES THOMAS BENJAMIN WILLIAMS NORA C. RULE STEVEN A. RADAKER JENNIFER M. SANCHEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHRYN A. RANDALL ERIKA LEE SLEGER TO THE GRADE INDICATED IN THE UNITED STATES AIR CADE A. REEDY MICHAEL G. THIEME FORCE UNDER TITLE 10, U.S.C., SECTION 624: LAURA K. REEFER TODD F. TILFORD SHANNON D. RENICK To be lieutenant colonel JAMES E. TUCKER JANELLE L. RIVERA GRANT TIMOTHY WAHLQUIST EMILY K. ROARK CHAD A. BELLAMY DANIEL J. WHITE JOYCE STAMARIA RONAN JASON MCKINLEY BOTTS JA RAI A. WILLIAMS ANTONETTE T. ROSE MATTHEW F. BOYD TIFFANY J. WILLIAMS KPANBU J. SELLY GLENN B. BRIGHT MAUREEN SCHELLIE WOOD CHRISTIAN J. CHAE SHELLY E. SHILDT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIK G. HARP YESSENIA N. SINCLAIR TO THE GRADE INDICATED IN THE UNITED STATES AIR ROLF E. HOLMQUIST STEFANIE A. SITTMANN FORCE UNDER TITLE 10, U.S.C., SECTION 624: NICOLE T. SPEAKMAN JONATHAN R. HURT JOHN A. STREETER DAVID B. KNIGHT, JR. To be colonel LORA M. STUDLEY PATRICK E. KNOESTER LEAH S. SWEENEY DALLAS L. LITTLE HECTOR L. COLONCOLON CHAREE L. TACCOGNO MARK W. NEVIUS MATTHEW P. FRANKE JULIE M. TARR ISMAEL RODRIGUEZ JAMES A. HAMEL ANDREW L. TAYLOR REGINA O. SAMUEL LESLIE A. JANOVEC JULIE A. THOMAS RUTH N. SEGRES DANIEL N. KARANJA GARRETT M. TILLMAN CHARLES SELIGMAN III KEVIN L. LOCKETT TONYA M. TOCHE HOWARD WILLIAM R. SPENCER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHELLE M. TRAMMEL ANDREW L. THORNLEY TO THE GRADE INDICATED IN THE UNITED STATES AIR EMILY S. TRIMBLE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FORCE UNDER TITLE 10, U.S.C., SECTION 624: CINDY ANN VELASQUEZ TO THE GRADE INDICATED IN THE UNITED STATES AIR NICOLE M. WARD FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel SCOTT W. WESTERMAN BETH M. BAYKAN SHAMEKA L. WILLIAMS To be lieutenant colonel JAMES E. CAMPION ROBERT L. WITTWER AIMEE L. ALVIAR THERESA D. CLARK KISHA A. WOOD JOHNNIE I. BARRETT SUZIE C. DIETZ MICHELLE F. G. WOODIE LAURA A. BELT DANIEL E. DONAHUE TRACY S. WORRELL JASON D. BOLT VICKI M. FAIR CARMEN D. YALUNG WILLIAM N. CLARK COURTNEY D. FINKBEINER BREANCA G. YOUNG WANDA L. CLEMONS ALISON T. FORSYTHE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CINDY L. CRADDOCK GWENDOLYN A. FOSTER TO THE GRADE INDICATED IN THE UNITED STATES AIR DARREN J. DAMIANI MATTIE D. GOODE FORCE UNDER TITLE 10, U.S.C., SECTION 624: DALE H. DESALIS LARHONDA M. GRAY To be major HOLLY ANN DINKEL KRISTINE M. HACKETT DANA LEA DUERR JEANINE D. HATFIELD ALLEN SETH ABRAMS MICHAEL H. EDGING JENNIFER J. HATZFELD SHALIMAR PEARL ADDY TRACY S. EDWARDS ANITA A. HOYUELA NATHAN R. ALLRED STEPHANIE M. ELLENBURG LAURA K. JONES CHRISTOPHER MICHAEL BAILEY SARAH M. EVANS RONALD L. JONES, JR. JULIE ANNE BEYER STACY G. FRIESEN MARK A. KNITZ KATHRYN MAE BOUCHER MICKAELLE M. GERMAIN STEVEN W. LEHR ASHLEY BOWER WANDA R. GREENE LIONEL M. LYDE ANDREW SCOTT BOWNE WANDA M. HOGGARD KRISTELL L. MICHAEL STEPHEN ALEKSAND BRAUNLICH MATTHEW J. HOWARD KARI A. MILLER THOMAS RICHARD BURKS SARAH L. HUFFMAN PAUL T. MILLER, JR. LINDSEY ANNE CALLAHAN CHRISTOPHER W. KELLY CAMELLA D. NULTY JONATHAN EDWARD CARROLL ROBIN R. LECH HEATHER A. PEREZ PAUL G. CLAWSON LUVENIA M. MANNING KIMBERLY A. SCHMIDT APRIL E. COBB SARAH E. MARTIN ANTOINETTE M. SHINN NICHOLAS CAMERON COOPER TROY D. MEFFERD VICKIE L. SKUPSKI DANIELLE HESS CROWDER JOSEPH C. MELDER MELISSA C. SMITH WALTON L. DABNEY MICHAEL J. MORROW KARI M. STONE ALEXANDER OWEN DEHNER VANESSA L. MOSES SCOTT R. TONKO CHRISTOPHER THOMAS DELGIORNO TAMMY M. MOSLEY CANDY S. WILSON IAN TIMLIN DUGGAN FRANCES M. NICHOLS WILLIAM T. WILSON CELINA E. DUVALL COREY M. NORTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID O. ENNIS LISA R. PALMER IN THE GRADE INDICATED IN THE RESERVE OF THE AIR SEPTEMBER RAE FOY LEILA V. PASIGNAJEN FORCE UNDER TITLE 10, U.S.C., SECTION 12203: GRANT BENJAMIN GARDNER ANN M. PETCAVAGE MICHELLE ERICA GREGORY GARY A. PULMANO To be colonel JAMES R. HASLUP KATHERINE S. ROBBEL KELLY BROLAN HASLUP KARRI A. ROMAN MARTIN J. HAMILTON CHRISTOPHER THOMAS HECK DARRELL W. SAYLOR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC GERARD HERGENROEDER JIMMY D. SCOTT TO THE GRADE INDICATED IN THE UNITED STATES AIR JUSTIN DEAN HESS JULIE A. SKINNER FORCE UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 9801 E:\CR\FM\A04AP6.096 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 April 6, 2017 CONGRESSIONAL RECORD — SENATE S2433 To be colonel To be major REED H. MACKENZIE MICHELLE A. MATTHEWS MICHAEL A. BLACKBURN JONATHAN A. JOHNSON JAMES M. MAXWELL ERIC J. CADOTTE THE FOLLOWING NAMED ARMY NATIONAL GUARD OF IAN W. MCMENAMIN ROBERT P. CHATHAM THE UNITED STATES OFFICERS FOR APPOINTMENT TO JUSTIN G. MILLER KRISTINE M. DOUGLAS THE GRADE INDICATED IN THE RESERVE OF THE ARMY JONATHAN T. NODA KENNETH L. HOBBS UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JASON T. OWENS JOHN J. HOPKINS III PHILLIP A. RIOS CHRISTOPHER D. MAY To be colonel SCOTT R. SALLY TERRENCE J. MCCOLLOM LESTER L. SHEWMAKE III TARALYNN M. OLAYVAR JAMES A. BENSON SEAN M. STANDEN CHRISTOPHER M. SCHUMANN CHARLENE C. DALTO STEPHEN B. SZALAI COREA B. SMITH ALFRED J. FLEMING JACOB A. UPTEGROVE MATTHEW P. STOFFEL JASON W. FRYMAN JOSHUA J. WHITLOW RANDY S. GREEN BRIAN M. THOMPSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON S. WRACHFORD ELMER S. HOLT MICHAEL J. HUNT IN THE GRADE INDICATED IN THE REGULAR NAVY IN THE ARMY GREGORY C. KNIGHT UNDER TITLE 10, U.S.C., SECTION 531: MICHAEL B. MADDOX To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID T. MAY TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW P. MILLIGAN RACHEL E. CARTER UNDER TITLE 10, U.S.C., SECTION 624: THOMAS E. MOORE II IVAN M. GUTIERREZ To be colonel CHARLES W. MORRISON KEVIN D. KEITH DANIEL W. MURPHY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JENNIFER A. MCAFEE DAVID L. NIXON IN THE GRADE INDICATED IN THE REGULAR NAVY CHRISTOPHER M. PANZER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEAN A. PRESTON UNDER TITLE 10, U.S.C., SECTION 624: SHAWN R. SATTERFIELD To be lieutenant commander FRANKLIN P. SLOAN, JR. To be major TYSON Y. TAHARA MAUER BISCOTTI III ROBERT A. WOOD MICAH B. BLAIS NINA R. COPELAND WILLIAM M. YANEK II PAMELA M. CHOI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONOR B. GARRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY ANDREW L. MIDDLETON TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: RANDY K. SULAVER DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ADAM J. SUSMARSKI To be major AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CALVIN E. TOWNSEND To be lieutenant colonel IN THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CRYSTAL J. SMITH UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, To be commander TO THE GRADE INDICATED IN THE UNITED STATES ARMY U.S.C., SECTIONS 624 AND 3064: MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- DONALD V. WILSON To be lieutenant colonel TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT A. MCDONALD To be major UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANA B. LOVE TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL A. WINSLOW To be major UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE GRADES INDICATED IN THE UNITED STATES THOMAS P. LUKINS To be colonel NAVY UNDER TITLE 10, U.S.C., SECTION 531: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DOUGLAS A. MCKEWAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE RESERVE OF THE HORACIO G. TAN To be colonel ARMY UNDER TITLE 10, U.S.C., SECTION 12203:TO To be lieutenant commander SCOTT M. MCFARLAND To be colonel CLARENCE M. BRADLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID M. WALLACE ALDRIN J. A. CORDOVA TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JIMMY J. PAVELKA JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, TO THE GRADE INDICATED IN THE RESERVE OF THE DERRICK A. THOMAS U.S.C., SECTIONS 624 AND 3064: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel To be colonel IN THE GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: JEFFREY A. MILLER LISA M. PATTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander TO THE GRADE INDICATED IN THE UNITED STATES ARMY IN THE NAVY NATALIE C. O. GILLIVER AS A CHAPLAIN UNDER TITLE 10, U.S.C., SECTIONS 624 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant colonel UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: 5721: JOSEPH M. KILONZO To be commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant commander JOHN F. SHARPE TO THE GRADE INDICATED IN THE UNITED STATES ARMY MICHAEL W. AMECHE MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- JOSHUA M. BERGEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS 624 AND 3064: MICHAEL M. CATALANO IN THE GRADE INDICATED IN THE REGULAR NAVY To be lieutenant colonel COREY J. CHONSKY UNDER TITLE 10, U.S.C., SECTION 531: JASON M. CLARK To be lieutenant commander BRANDI A. SCHUYLER HENRY J. DONAGHY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN L. EVANS, JR. REANN S. MOMMSEN TO THE GRADE INDICATED IN THE UNITED STATES ARMY NATHANIEL C. FETTING IN THE ARMY UNDER TITLE 10, U.S.C., SECTION 624: ROBERT L. FOSTER CONNOR M. HERRON To be lieutenant colonel THOMAS J. HOFFMAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEVEN D. HOPKINS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID J. KACZMAREK RICHARD S. JORDAN UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL A. KENNEDY To be colonel TO THE GRADE INDICATED IN THE UNITED STATES ARMY KEITH R. KROUCHICK UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW B. LEES BASIL J. CATANZARO

VerDate Sep 11 2014 03:13 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 9801 E:\CR\FM\A04AP6.098 S04APPT3 SSpencer on DSK4SPTVN1PROD with SENATE-3 Tuesday, April 4, 2017 Daily Digest Senate Senate agreed to S. Res. 113, recognizing and cele- Chamber Action brating the 50th anniversary of the Center on Routine Proceedings, pages S2197–S2433 Human Development and Disability at the Univer- Measures Introduced: Eighty-one bills and fifteen sity of Washington in Seattle, Washington. resolutions were introduced, as follows: S. 807–887, Page S2220 S.J. Res. 40, S. Res. 109–121, and S. Con. Res. 12. National Park Week: Senate agreed to S. Res. Pages S2214–15, S2362–63, S2424–25 117, designating the week of April 15, 2017, Measures Reported: through April 23, 2017, as ‘‘National Park Week’’. S. 254, to amend the Native American Programs Page S2353 Act of 1974 to provide flexibility and reauthoriza- Condemning Hate Crime: Senate agreed to S. tion to ensure the survival and continuing vitality of Res. 118, condemning hate crime and any other Native American languages. (S. Rept. No. 115–23) form of racism, religious or ethnic bias, discrimina- Page S2214 tion, incitement to violence, or animus targeting a Special Report entitled ‘‘Report on the Activities minority in the United States. Pages S2371–72 of the Committee on Finance During the 114th Congress’’. (S. Rept. No. 115–25) Appointments: S. 102, to direct the Federal Communications National Commission on Military, National, Commission to commence proceedings related to the and Public Service: The Chair, on behalf of the Ma- resiliency of critical communications networks dur- jority Leader and Chairman of the Senate Committee ing times of emergency, with an amendment in the on Armed Services, pursuant to the provisions of nature of a substitute. (S. Rept. No. 115–24) Public Law 114–328, appointed the following indi- Page S2362 viduals to serve as members of the National Com- S. 91, to amend the Indian Employment, Training mission on Military, National, and Public Service: and Related Services Demonstration Act of 1992 to Joseph Heck of Nevada and Steve Barney of Massa- facilitate the ability of Indian tribes to integrate the chusetts. Page S2341 employment, training, and related services from di- verse Federal sources. (S. Rept. No. 115–26) Message from the President: Senate received the following message from the President of the United S. 302, to enhance tribal road safety. (S. Rept. States: No. 115–27) Page S2424 Transmitting, pursuant to law, a report on the Measures Passed: continuation of the national emergency originally de- National Read Aloud Month: Committee on the clared in Executive Order 13536 on April 12, 2010 Judiciary was discharged from further consideration with respect to Somalia; which was referred to the of S. Res. 94, designating March 2017 as ‘‘National Committee on Banking, Housing, and Urban Affairs. Read Aloud Month’’, and the resolution was then (PM–6) Page S2423 agreed to. Page S2220 Gorsuch Nomination—Cloture: Senate began con- Alaska Purchase 150th Anniversary: Senate sideration of the nomination of Neil M. Gorsuch, of agreed to S. Res. 111, celebrating the 150th anniver- Colorado, to be an Associate Justice of the Supreme sary of the Alaska Purchase. Page S2220 Court of the United States. Pages S2190–S2210, Gold Star Wives Day: Senate agreed to S. Res. S2222–48, S2257–S2352, S2353–59, S2372–81, S2383–S2417 112, designating April 5, 2017, as ‘‘Gold Star Wives Prior to the consideration of this nomination, Sen- Day’’. Page S2220 ate took the following action: University of Washington Center on Human Senate agreed to the motion to proceed to Legisla- Development and Disability 50th Anniversary: tive Session. Page S2190 D408

VerDate Sep 11 2014 05:34 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP7.PT3 D04APPT3 lotter on DSK5VPTVN1PROD with DIGEST April 4, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D409 By 55 yeas to 44 nays (Vote No. 104), Senate A unanimous-consent-time agreement was reached agreed to the motion to proceed to executive session providing for further consideration of the nomination to consider the nomination. Page S2190 at approximately 9:30 a.m., on Friday, April 7, During consideration of this nomination today, 2017; and that notwithstanding Rule XXII, there be Senate also took the following action: two hours for debate, equally divided in the usual By 55 yeas to 45 nays (Vote No. 105), three-fifths form; and that upon the use or yielding back of of those Senators duly chosen and sworn, not having time, Senate vote on confirmation of the nomination, voted in the affirmative, Senate rejected the motion with no intervening action or debate. Page S2431 to close further debate on the nomination. Perdue Nomination—Agreement: A unanimous- Page S2389 consent agreement was reached providing that fol- By 55 yeas to 45 nays (Vote No. 106), Senate lowing Leader remarks on Monday, April 24, 2017, agreed to the motion to reconsider the vote on the Senate begin consideration of the nomination of motion to invoke cloture on the nomination. Sonny Perdue, of Georgia, to be Secretary of Agri- Page S2389 culture; that the time until 5:30 p.m. be equally di- By 48 yeas to 52 nays (Vote No. 107), Senate re- vided in the usual form, and that at 5:30 p.m., Sen- jected the motion to postpone the vote on the mo- ate vote on confirmation of the nomination, with no tion to invoke cloture, upon reconsideration, on the intervening action or debate. Page S2344 nomination until 3 p.m., on Monday, April 24, 2017. Page S2389 Nomination Confirmed: Senate confirmed the fol- By 48 yeas to 52 nays (Vote No. 108), Senate re- lowing nomination: jected the motion to adjourn until 5 p.m., on Thurs- By 85 yeas to 14 nays (Vote No. EX. 103), Elaine day, April 6, 2017. Page S2390 C. Duke, of Virginia, to be Deputy Secretary of By 48 yeas to 52 nays (Vote No. 109), Senate re- Homeland Security. Pages S2180–90, S2255 jected the ruling of the Chair that under precedent Nominations Received: Senate received the fol- set by the Senate on November 21, 2013, the clo- lowing nominations: ture vote for nominations for the Supreme Court is Sigal Mandelker, of New York, to be Under Sec- not by majority vote. Subsequently, Senator McCon- retary for Terrorism and Financial Crimes. nell motion to appeal the ruling of the Chair was Heath P. Tarbert, of Maryland, to be an Assistant upheld. Page S2390 Secretary of the Treasury. By 55 yeas to 45 nays (Vote No. 110), Senate Routine lists in the Air Force, Army, Marine upon reconsideration agreed to the motion to close Corps, and Navy. Pages S2248–55 further debate on the nomination. Page S2390 David L. Norquist, of Virginia, to be Under Sec- A motion was entered to close further debate on retary of Defense (Comptroller). the nomination, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Eric D. Hargan, of Illinois, to be Deputy Secretary Senate, a vote on cloture will occur on Thursday, of Health and Human Services. Makan Delrahim, of California, to be an Assistant April 6, 2017. Page S2210 A unanimous-consent agreement was reached pro- Attorney General. viding for further consideration of the nomination at Routine lists in the Air Force, Army, and Navy. approximately 9:30 a.m., on Wednesday, April 5, Pages S2431–33 2017; that the debate time on the nomination dur- Messages From the House: Pages S2214, S2360, ing Wednesday’s session of the Senate be divided as S2423–24 follows: following Leader remarks until 11 a.m. be Measures Referred: Pages S2214, S2360, S2424 equally divided, that the time from 11 a.m. until 12 Measures Read the First Time: Pages S2360, S2371 noon be under the control of the Majority; that the time from 12 noon until 1 p.m. be under the con- Executive Communications: Pages S2360–61 trol of the Minority; and that the debate time until Petitions and Memorials: Pages S2360–61 9 p.m., on Wednesday be divided in one hour alter- Executive Reports of Committees: Pages S2214, nating blocks. Pages S2220–21 S2362, S2424 A unanimous-consent agreement was reached providing for further consideration of the nomination at Additional Cosponsors: Pages S2215–16, S2364–65, approximately 10 a.m., on Thursday, April 6, 2017; S2425–27 that the time until the vote on the motion to invoke Statements on Introduced Bills/Resolutions: cloture on the nomination be equally divided be- Pages S2216–20, S2365–68, S2427–30 tween Senators Grassley and Feinstein, or their des- Additional Statements: Pages S2213–14, S2360, ignees. Page S2372 S2421–23

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Authorities for Committees to Meet: Pages S2220, BUSINESS MEETING S2371 Committee on Banking, Housing, and Urban Affairs: Record Votes: Eight record votes were taken today. Committee ordered favorably reported the nomina- (Total—110) Pages S2189–90, S2389–90 tion of Jay Clayton, of New York, to be a Member Adjournment: Senate convened at 10 a.m. on Tues- of the Securities and Exchange Commission. day, April 4, 2017, and adjourned at 7:05 p.m. on Thursday, April 6, 2017, until 9:30 a.m. on Friday, MULTIMODAL FREIGHT POLICY AND April 7, 2017. (For Senate’s program, see the re- INFRASTRUCTURE marks of the Majority Leader in today’s Record on Committee on Commerce, Science, and Transportation: Sub- page S2431.) committee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security concluded Committee Meetings a hearing to examine keeping goods moving, focusing on continuing to enhance multimodal freight (Committees not listed did not meet) policy and infrastructure, after receiving testimony from Derek J. Leathers, Werner Enterprises, and NATIONAL WATER HAZARDS AND Lance M. Fritz, Union Pacific Corporation, both of VULNERABILITIES Omaha, Nebraska; Michael L. Ducker, FedEx Freight Committee on Appropriations: Subcommittee on Com- Corporation, Memphis, Tennessee; and James merce, Justice, Science, and Related Agencies con- Pelliccio, Port Newark Container Terminal, Newark, cluded a hearing to examine national water hazards New Jersey, on behalf of the Coalition for America’s and vulnerabilities, focusing on improved forecasting Gateways and Trade Corridors. for responses and mitigation, after receiving testimony from Louis Uccellini, Assistant Administrator, CYBERSECURITY THREATS Weather Services, National Oceanic and Atmos- Committee on Energy and Natural Resources: Committee pheric Administration, and Director, National concluded a hearing to examine efforts to protect Weather Service; Bryan Koon, Florida Division of United States energy delivery systems from cyberse- Emergency Management Director, Tallahassee; Anto- curity threats, after receiving testimony from Patricia nio Busalacchi, University Corporation for Atmos- Hoffman, Acting Assistant Secretary, Office of Elec- pheric Research, Boulder, Colorado; and Mary tricity Delivery and Energy Reliability, and Andrew Glackin, The Weather Company, IBM, Washington, A. Bochman, Senior Cyber and Energy Strategist, D.C. National and Homeland Security, Idaho National U.S. STRATEGIC COMMAND Laboratory, both of the Department of Energy; Colo- Committee on Armed Services: Committee concluded a nel Gent Welsh, Commander, 194th Wing, Wash- hearing to examine United States Strategic Com- ington Air National Guard, Camp Murray; Gerry mand programs, after receiving testimony from Gen- W. Cauley, North American Electric Reliability Cor- eral John E. Hyten, USAF, Commander, United poration, and Dave McCurdy, American Gas Associa- States Strategic Command, Department of Defense. tion, both of Washington, D.C.; and Duane D. Highley, Arkansas Electric Cooperative Corporation, CYBER THREATS TO THE U.S. Littlerock, on behalf of the National Rural Electric Committee on Armed Services: Subcommittee on Cyber- Cooperative Association. security received a closed briefing on cyber threats to the United States from Kate Charlet, Performing the THE EU AS A PARTNER AGAINST RUSSIAN duties of Deputy Assistant Secretary for Cyber Pol- AGGRESSION icy, Brigadier General Mary F. O’Brien, USAF, Di- Committee on Foreign Relations: Committee concluded rector of Intelligence, United States Cyber Com- a hearing to examine the European Union as a part- mand, and Major General Ed Wilson, Deputy Prin- ner against Russian aggression, focusing on sanc- cipal Cyber Advisor, Office of the Secretary, all of tions, security, democratic institutions, and the way the Department of Defense; Samuel Liles, Director, forward, after receiving testimony from David Cyber Analysis Division, Office of Intelligence and O’Sullivan, European Union Delegation to the Analysis, and Neil Jenkins, Director, Enterprise Per- United States of America, and Kurt Volker, Arizona formance Management Office, National Protection State University McCain Institute for International and Programs Directorate, both of the Department Leadership, both of Washington, D.C.; and Daniel of Homeland Security; and Tonya L. Ugoretz, Direc- B. Baer, former Ambassador to the Organization for tor, Cyber Threat Intelligence Integration Center, Security and Cooperation in Europe, Denver, Colo- Office of the Director of National Intelligence. rado.

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SOUTHWEST BORDER FENCING receiving testimony from Kay Holcombe, Bio- Committee on Homeland Security and Governmental Af- technology Innovation Organization, David R. fairs: Committee concluded a hearing to examine Gaugh, Association for Accessible Medicines, Scott fencing along the southwest border, after receiving Whitaker, AvaMed, and Cynthia A. Bens, Alliance testimony from David V. Aguilar, former Acting for Aging Research, all of Washington, D.C. Commissioner, and Ronald S. Colburn, former Dep- INTELLIGENCE uty Chief, Border Patrol, both of Customs and Bor- der Protection, Department of Homeland Security; Select Committee on Intelligence: Committee met in and Terence M. Garrett, The University of Texas closed session to receive a briefing on certain intel- Rio Grande Valley Public Affairs and Security Stud- ligence matters from officials of the intelligence ies Department, Brownsville. community. FDA USER FEE AGREEMENTS INTELLIGENCE Committee on Health, Education, Labor, and Pensions: Select Committee on Intelligence: Committee held closed Committee concluded a hearing to examine FDA hearings on intelligence matters, receiving testimony user fee agreements, focusing on improving medical from officials of the intelligence community. product regulations and innovation for patients, after Committee recessed subject to the call. h House of Representatives Financial Institution Bankruptcy Act of 2017: Chamber Action H.R. 1667, amended, to amend title 11 of the Public Bills and Resolutions Introduced: 63 pub- United States Code in order to facilitate the resolu- lic bills, H.R. 1902–1964; and 5 resolutions, H.J. tion of an insolvent financial institution in bank- Res. 94; H. Con. Res. 47; and H. Res. 249–251, ruptcy; and Pages H2715–20 were introduced. Pages H2750–53 Amending Veterans Access, Choice, and Account- Additional Cosponsors: Pages H2755–56 ability Act of 2014 to modify the termination date Report Filed: A report was filed today as follows: for the Veterans Choice Program: S. 544, to amend H.R. 1667, to amend title 11 of the United States Veterans Access, Choice, and Accountability Act of Code in order to facilitate the resolution of an insol- 2014 to modify the termination date for the Vet- vent financial institution in bankruptcy (H. Rept. erans Choice Program. Pages H2722–26 115–80). Page H2750 Question of Privilege: Representative Jeffries rose Speaker: Read a letter from the Speaker wherein he to a question of the privileges of the House and sub- appointed Representative Webster (FL) to act as mitted a resolution. The Chair ruled that the resolu- Speaker pro tempore for today. Page H2699 tion did not present a question of the privileges of Recess: The House recessed at 10:49 a.m. and re- the House. Subsequently, Representative Jeffries ap- convened at 12 noon. Page H2705 pealed the ruling of the chair and Representative Foxx moved to table the appeal. Agreed to the mo- Supporting America’s Innovators Act of 2017— tion to table the appeal of the ruling of the Chair Rule for Consideration: The House agreed to H. by a yea-and-nay vote of 228 yeas to 185 nays with Res. 242, providing for consideration of the bill 2 answering ‘‘present’’, Roll No. 219. Pages H2729–31 (H.R. 1219) to amend the Investment Company Act of 1940 to expand the investor limitation for quali- Self-Insurance Protection Act: The House passed fying venture capital funds under an exemption from H.R. 1304, to amend the Employee Retirement In- the definition of an investment company, by a re- come Security Act of 1974, the Public Health Serv- corded vote of 240 ayes to 181 noes, Roll No. 218, ice Act, and the Internal Revenue Code of 1986 to after the previous question was ordered by a yea-and- exclude from the definition of health insurance cov- nay vote of 231 yeas to 182 nays, Roll No. 217. erage certain medical stop-loss insurance obtained by Pages H2708–15, H2720–22 certain plan sponsors of group health plans, by a yea- Suspensions: The House agreed to suspend the rules and-nay vote of 400 yeas to 16 nays, Roll No. 220. and pass the following measures: Pages H2726–29, H2731–32

VerDate Sep 11 2014 05:34 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP7.PT3 D04APPT3 lotter on DSK5VPTVN1PROD with DIGEST D412 CONGRESSIONAL RECORD — DAILY DIGEST April 4, 2017 Pursuant to the Rule, the amendment in the na- FEDERAL RESPONSE TO THE OPIOID ture of a substitute recommended by the Committee ABUSE CRISIS on Education and the Workforce now printed in the Committee on Appropriations: Subcommittee on Labor, bill shall be considered as adopted. Page H2726 Health and Human Services, Education and Related H. Res. 241, the rule providing for consideration Agencies held a hearing entitled ‘‘Federal Response of the bill (H.R. 1304) was agreed to yesterday, to the Opioid Abuse Crisis’’. Testimony was heard April 4th. from Barbara Cimaglio, Deputy Commissioner, Meeting Hour: Agreed by unanimous consent that Vermont Department of Health; and public wit- when the House adjourns today, it adjourn to meet nesses. at 9 a.m. tomorrow, April 6. Page H2732 CONSEQUENCES TO THE MILITARY OF A House Democracy Partnership—Appointment: CONTINUING RESOLUTION Read a letter from Representative Pelosi, Minority Committee on Armed Services: Full Committee held a Leader, in which she appointed the following Mem- hearing entitled ‘‘Consequences to the Military of a bers to the House Democracy Partnership: Rep- Continuing Resolution’’. Testimony was heard from resentative Price (NC), Ranking Member; Represent- General David L. Goldfein, Chief of Staff, U.S. Air atives Ellison, Davis (CA), Moore, Titus, Roybal- Force; General Mark A. Milley, Chief of Staff, U.S. Allard, Connolly, Ted Lieu (CA), and Torres. Army; General Robert B. Neller, Commandant of Pages H2740–41 the Marine Corps; and Admiral John M. Richardson, Congressional-Executive Commission on the Peo- Chief of Naval Operations, U.S. Navy. ple’s Republic of China—Appointment: The THE CURRENT STATE OF THE U.S. MARINE Chair announced the Speaker’s appointment of the CORPS following Member on the part of the House to the Congressional-Executive Commission on the People’s Committee on Armed Services: Subcommittee on Readi- Republic of China: Representative Ted Lieu (CA). ness held a hearing entitled ‘‘The Current State of Page H2741 the U.S. Marine Corps’’. Testimony was heard from the following officials from U.S. Marine Corps Head- Discharge Petition: Representative Eshoo presented quarters: Lieutenant General Ronald L. Bailey, Dep- to the clerk a motion to discharge the Committees uty Commandant for Plans, Policies, and Operations; on Ways and Means and Oversight and Government Lieutenant General Michael G. Dana, Deputy Com- Reform from the consideration of H.R. 305, to mandant for Installations and Logistics; and William amend the Ethics in Government Act of 1978 to re- E. Taylor, Assistant Deputy Commandant for Avia- quire the disclosure of certain tax returns by Presi- tion. dents and certain candidates for the office of the President, and for other purposes (Discharge Petition LEGISLATIVE MEASURE No. 1). Page H2712 Committee on Education and the Workforce: Sub- Quorum Calls—Votes: Three yea-and-nay votes committee on Workforce Protections held a hearing and one recorded vote developed during the pro- on H.R. 1180, the ‘‘Working Families Flexibility ceedings of today and appear on pages H2720–21, Act of 2017’’. Testimony was heard from public wit- H2721, H2731, and H2731–32. There were no nesses. quorum calls. FACILITATING THE 21ST CENTURY Adjournment: The House met at 10 a.m. and ad- WIRELESS ECONOMY journed at 6:28 p.m. Committee on Energy and Commerce: Subcommittee on Communications and Technology held a hearing entitled ‘‘Facilitating the 21st Century Wireless Econ- Committee Meetings omy’’. Testimony was heard from public witnesses. AGRICULTURE AND TAX REFORM: THE 2016 SEMI-ANNUAL REPORTS OF THE OPPORTUNITIES FOR RURAL AMERICA BUREAU OF CONSUMER FINANCIAL Committee on Agriculture: Full Committee held a hear- PROTECTION ing entitled ‘‘Agriculture and Tax Reform: Opportu- Committee on Financial Services: Full Committee held nities for Rural America’’. Testimony was heard from a hearing entitled ‘‘The 2016 Semi-Annual Reports James M. Williamson, Economist, Economic Re- of the Bureau of Consumer Financial Protection’’. search Service, Department of Agriculture; and pub- Testimony was heard from Richard Cordray, Direc- lic witnesses. tor, Consumer Financial Protection Bureau.

VerDate Sep 11 2014 05:34 Apr 07, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D04AP7.PT3 D04APPT3 lotter on DSK5VPTVN1PROD with DIGEST April 4, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D413 TURKEY’S DEMOCRACY UNDER OVERSIGHT OF THE FEDERAL EMERGENCY CHALLENGE MANAGEMENT AGENCY’S RESPONSE TO Committee on Foreign Affairs: Subcommittee on Eu- THE BATON ROUGE FLOOD DISASTER: rope, Eurasia, and Emerging Threats held a hearing PART II entitled ‘‘Turkey’s Democracy Under Challenge’’. Committee on Oversight and Government Reform: Full Testimony was heard from public witnesses. Committee held a hearing entitled ‘‘Oversight of the Federal Emergency Management Agency’s Response MISCELLANEOUS MEASURE to the Baton Rouge Flood Disaster: Part II’’. Testi- mony was heard from John Bel Edwards, Governor, Committee on Homeland Security: Full Committee held Louisiana; Robert J. Fenton, Jr., Acting Adminis- a markup on H. Res. 235, directing the Secretary of trator, Federal Emergency Management Agency; Homeland Security to transmit certain documents to Mark Harrell, Emergency Coordinator, Livingston the House of Representatives relating to the Depart- Parish, Louisiana; and a public witness. ment of Homeland Security’s research, integration, and analysis activities relating to Russian Govern- IMPROVING THE VISITOR EXPERIENCE AT ment interference in the elections for Federal office NATIONAL PARKS held in 2016. H. Res. 235 was ordered reported, Committee on Oversight and Government Reform: Sub- without amendment. committee on the Interior, Energy and Environment held a hearing entitled ‘‘Improving the Visitor Expe- MISCELLANEOUS MEASURES rience at National Parks’’. Testimony was heard from Committee on the Judiciary: Full Committee held a Glenn Casamassa, Associate Deputy Chief, National markup on H.R. 1842, the ‘‘Strengthening Chil- Forest System, Forest Service, Department of Agri- dren’s Safety Act of 2017’’; H.R. 1862, the ‘‘Global culture; Linda Lanterman, Director, Division of State Child Protection Act of 2017’’; and H.R. 659, the Parks, Kansas; and public witnesses. ‘‘Standard Merger and Acquisition Reviews Through ASSESSING THE IRAN DEAL Equal Rules Act of 2017’’. H.R. 1842, H.R. 1862, Committee on Oversight and Government Reform: Sub- and H.R. 659 were ordered reported, without committee on National Security held a hearing enti- amendment. tled ‘‘Assessing the Iran Deal’’. Testimony was heard from public witnesses. LEGISLATIVE MEASURE Committee on Natural Resources: Subcommittee on En- TAKING CARE OF SMALL BUSINESS: ergy and Mineral Resources held a hearing on H.R. WORKING TOGETHER FOR A BETTER SBA 1731, the ‘‘Revitalizing the Economy of Coal Com- Committee on Small Business: Full Committee held a munities by Leveraging Local Activities and Invest- hearing entitled ‘‘Taking Care of Small Business: ing More Act of 2017’’. Testimony was heard from Working Together for a Better SBA’’. Testimony Representative Rogers of Alabama and public wit- was heard from Linda McMahon, Administrator, nesses. Small Business Administration. FAST ACT IMPLEMENTATION: STATE AND LEGISLATIVE MEASURES LOCAL PERSPECTIVES Committee on Natural Resources: Subcommittee on Fed- Committee on Transportation and Infrastructure: Sub- eral Lands held a hearing on H.R. 218, the ‘‘King committee on Highways and Transit held a hearing Cove Road Land Exchange Act’’; H.R. 497, the entitled ‘‘FAST Act Implementation: State and Local ‘‘Santa Ana River Wash Plan Land Exchange Act’’; Perspectives’’. Testimony was heard from public wit- H.R. 1157, to clarify the United States interest in nesses. certain submerged lands in the area of the Monomoy National Wildlife Refuge, and for other purposes; LEGISLATIVE MEASURES and H.R. 1728, to modify the boundaries of the Committee on Veterans’ Affairs: Subcommittee on Dis- Morley Nelson Snake River Birds of Prey National ability Assistance and Memorial Affairs held a hear- Conservation Area, and for other purposes. Testi- ing on H.R. 105, the ‘‘Protect Veterans from Finan- mony was heard from Representatives Young of cial Fraud Act of 2017’’; H.R. 299, the ‘‘Blue Water Alaska; Simpson; Keating; Cook; and Aguilar; Seth Navy Vietnam Veterans Act of 2017’’; H.R. 1328, T. Taylor, Selectman, Chatham, Massachusetts; and the ‘‘American Heroes COLA Act of 2017’’; H.R. public witnesses. 1329, the ‘‘Veterans’ Compensation Cost-of-Living Adjustment Act of 2017’’; H.R. 1390, to amend

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Testimony was amine the current state of retirement security in the heard from Representatives Bost; Brownley of Cali- United States, 3 p.m., SD–538. fornia; Banks of Indiana; Bergman; and Valadao; Committee on Commerce, Science, and Transportation: busi- Beth Murphy, Director, Compensation Service, Vet- ness meeting to consider pending calendar business, 10 erans Benefits Administration, Department of Vet- a.m., SH–216. erans Affairs; and public witnesses. Committee on Environment and Public Works: business meeting to consider proposed legislation entitled, ‘‘Wild- life Innovation and Longevity Driver (WILD) Act’’, S. Joint Meetings 518, to amend the Federal Water Pollution Control Act No joint committee meetings were held. to provide for technical assistance for small treatment f works, S. 692, to provide for integrated plan permits, to establish an Office of the Municipal Ombudsman, to pro- NEW PUBLIC LAWS mote green infrastructure, and to require the revision of financial capability guidance, and S. 675, to amend and (For last listing of Public Laws, see DAILY DIGEST, p. D379) reauthorize certain provisions relating to Long Island H.R. 1228, to provide for the appointment of Sound restoration and stewardship, 10 a.m., SD–406. members of the Board of Directors of the Office of Committee on Foreign Relations: Subcommittee on Africa Compliance to replace members whose terms expire and Global Health Policy, to hold hearings to examine during 2017. Signed on April 3, 2017. (Public Law a progress report on conflict minerals, 2 p.m., SD–419. 115–19) Committee on Health, Education, Labor, and Pensions: to H.J. Res. 69, providing for congressional dis- hold hearings to examine the nomination of Scott Gott- approval under chapter 8 of title 5, United States lieb, of Connecticut, to be Commissioner of Food and Code, of the final rule of the Department of the In- Drugs, Department of Health and Human Services, 10 terior relating to ‘‘Non-Subsistence Take of Wildlife, a.m., SD–430. Committee on Homeland Security and Governmental Affairs: and Public Participation and Closure Procedures, on to hold hearings to examine improving border security National Wildlife Refuges in Alaska’’. Signed on and public safety, 9:30 a.m., SD–342. April 3, 2017. (Public Law 115–20) H.J. Res. 83, disapproving the rule submitted by House the Department of Labor relating to ‘‘Clarification of Committee on Armed Services, Subcommittee on Oversight Employer’s Continuing Obligation to Make and and Investigations, hearing entitled ‘‘Evaluating the De- Maintain an Accurate Record of Each Recordable In- fense Contract Auditing Process’’, 9 a.m., 2212 Rayburn. jury and Illness’’. Signed on April 3, 2017. (Public Committee on Financial Services, Subcommittee on Finan- Law 115–21) cial Institutions and Consumer Credit, hearing entitled S.J. Res. 34, providing for congressional dis- ‘‘Examination of the Federal Financial Regulatory System approval under chapter 8 of title 5, United States and Opportunities for Reform’’, 9:15 a.m., 2128 Ray- Code, of the rule submitted by the Federal Commu- burn. nications Commission relating to ‘‘Protecting the Committee on Foreign Affairs, Subcommittee on Africa, Privacy of Customers of Broadband and Other Tele- Global Health, Global Human Rights, and International communications Services’’. Signed on April 3, 2017. Organizations, hearing entitled ‘‘Enforcement is Not Op- (Public Law 115–22) tional: The Goldman Act to Return Abducted American Children’’, 12 p.m., 2172 Rayburn. f Committee on Oversight and Government Reform, Sub- COMMITTEE MEETINGS FOR WEDNESDAY, committee on Government Operations, hearing entitled ‘‘The Best and Worst Places to Work in the Federal Gov- APRIL 5, 2017 ernment’’, 10 a.m., 2154 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on Small Business, Full Committee, hearing entitled ‘‘Scam Spotting: Can the IRS Effectively Protect Senate Small Business Information?’’, 10 a.m., 2360 Rayburn. Committee on Appropriations: Subcommittee on Transpor- Committee on Veterans’ Affairs, Subcommittee on Health, tation, Housing and Urban Development, and Related markup on H.R. 91, the ‘‘Building Supportive Networks Agencies, to hold hearings to examine protecting our for Women Veterans Act’’; H.R. 95, the ‘‘Veterans’ Ac- midshipmen, focusing on preventing sexual assault and cess to Child Care Act’’; H.R. 467, the ‘‘VA Scheduling

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Accountability Act’’; H.R. 907, the ‘‘Newborn Care Im- and for other purposes; and H.R. 1848, the ‘‘Veterans Af- provement Act’’; H.R. 918, the ‘‘Veteran Urgent Access fairs Medical Scribe Pilot Act of 2017’’, 8 a.m., 334 Can- to Mental Healthcare Act’’; H.R. 1005, to amend title non. 38, United States Code, to improve the provision of adult day health care services for veterans; H.R. 1162, the ‘‘No Joint Meetings Hero Left Untreated Act’’; H.R. 1545, the ‘‘VA Prescrip- Joint Economic Committee: to hold hearings to examine tion Data Accountability Act 2017’’; H.R. 1662, to the decline of economic opportunity in the United States, amend title 38, United States Code, to prohibit smoking focusing on causes and consequences, 10 a.m., 1100 in any facility of the Veterans Health Administration, Longworth Building.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 5 9 a.m., Thursday, April 6

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Thursday: Consideration of H.R. 1219— ation of the nomination of Neil M. Gorsuch, of Colorado, Supporting America’s Innovators Act of 2017. to be an Associate Justice of the Supreme Court of the United States.

Extensions of Remarks, as inserted in this issue

HOUSE Dunn, Neal P., Fla., E459 Rogers, Mike, Ala., E457, E466 Gohmert, Louie, Tex., E455 Royce, Edward R., Calif., E456 Barraga´ n, Nanette Diaz, Calif., E454 Graves, Sam, Mo., E464 Schiff, Adam B., Calif., E455 Bordallo, Madeleine Z., Guam, E454, E457, E459, E461, Hoyer, Steny H., Md., E459 Scott, Austin, Ga., E461 E462, E464, E465 Johnson, Eddie Bernice, Tex., E460 Shimkus, John, Ill., E458 Butterfield, G.K., N.C., E462 Larson, John B., Conn., E461 Slaughter, Louise McIntosh, N.Y., E458, E462 Capuano, Michael E., Mass., E463 Lofgren, Zoe, Calif., E453 Smith, Christopher H., N.J., E464 Clay, Wm. Lacy, Mo., E453 Matsui, Doris O., Calif., E459 Thornberry, Mac, Tex., E455 Clyburn, James E., S.C., E463 McCollum, Betty, Minn., E465 Visclosky, Peter J., Ind., E453 Collins, Doug, Ga., E458, E463 Moore, Gwen, Wisc., E460 Walorski, Jackie, Ind., E461 Comstock, Barbara, Va., E457, E466 Perlmutter, Ed, Colo., E453, E454, E460, E463 Wittman, Robert J., Va., E454 Connolly, Gerald E., Va., E456, E466 Quigley, Mike, Ill., E458 Young, David, Iowa, E454, E457, E459, E461, E462, E464, Dingell, Debbie, Mich., E464 Reed, Tom, N.Y., E458 E465

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