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

Vol. 165 WASHINGTON, TUESDAY, JANUARY 15, 2019 No. 8 Senate The Senate met at 10 a.m. and was ending September 30, 2019, and for other pur- even heard frank admissions that, 30 called to order by the President pro poses. days from now, there would be no tempore (Mr. GRASSLEY). Mr. MCCONNELL. In order to place progress toward an agreement on bor- f the bill on the calendar under the pro- der security, even if the government visions of rule XIV, I object to further were reopened. PRAYER proceedings. Under normal circumstances, we The Chaplain, Dr. Barry C. Black, of- The PRESIDING OFFICER. Objec- could expect lines like these from the fered the following prayer: tion having been heard, the bill will be furthest left organizers and most vocal Eternal God, rescue us. Come quickly placed on the calendar. liberal protesters. But these are not and bring the stability and unity we f normal circumstances. These are the words, believe it or not, of the Speaker need. STRENGTHENING AMERICA’S SE- of the House, the gentlelady from Cali- May our lawmakers who seek You CURITY IN THE MIDDLE EAST fornia, NANCY PELOSI. find You, receiving from Your divine ACT OF 2019—Motion to Proceed presence wisdom, mercy, and power. It is unclear exactly when the Speak- Cleanse the inner fountains of our Mr. MCCONNELL. Madam President, er made the determination that the ex- hearts from anything that will hinder I move to proceed to S. 1. plicit requests of the men and women Your will from being done. The PRESIDING OFFICER. The who secure our borders and the safety Lord, You are our helper and re- clerk will report the motion to pro- of our communities would take a back- deemer. Do not delay. ceed. seat to the political whims of the far The senior assistant legislative clerk We pray in Your powerful Name. left, that the border efforts toward read as follows: Amen. which Democrats have agreed to direct Motion to proceed to the consideration of billions of dollars in the past have f S. 1, a bill to make improvements to certain transformed overnight into something PLEDGE OF ALLEGIANCE defense and security assistance provisions evil. But here we are, day 25. We know and to authorize the appropriation of funds The President pro tempore led the to Israel, to reauthorize the United States- the new and unreasonable position of Pledge of Allegiance, as follows: Jordan Defense Cooperation Act of 2015, and the Speaker of the House. I pledge allegiance to the Flag of the to halt the wholesale slaughter of the Syrian So here, in the Senate, my Demo- United States of America, and to the Repub- people, and for other purposes. cratic colleagues have an important lic for which it stands, one nation under God, GOVERNMENT FUNDING choice to make. They could stand with indivisible, with liberty and justice for all. Mr. MCCONNELL. Madam President, common sense, with border experts, f over the course of this partial govern- with Federal workers—and with their ment shutdown, we have seen our own past voting records, by the way— RECOGNITION OF THE MAJORITY Democratic colleagues engage in in- or they could continue to remain pas- LEADER creasingly acrobatic contortions in sive spectators, complaining from the The PRESIDING OFFICER (Mrs. order to dodge a serious conversation sidelines as the Speaker refuses to ne- HYDE-SMITH). The majority leader is about the urgent humanitarian and se- gotiate with the White House and en- recognized. curity crisis down at our southern bor- sures that our Nation keeps going f der. Their refusal to come to the nego- round and round and round this polit- tiating table has serious implications ical carousel. It is up to our colleagues MEASURE PLACED ON THE for the hundreds of thousands of Fed- on the other side of the aisle. CALENDAR—H.R. 266 eral workers going without pay and for BORDER SECURITY Mr. MCCONNELL. Madam President, all Americans who deserve a nation Madam President, on another mat- I understand there is a bill at the desk that can secure its own border. ter, the substance of the border secu- due for a second reading. Along the way, we have heard that rity issue is not the only subject that The PRESIDING OFFICER. The new funding of any sort—any sort—of is occasioning a spectacular display of clerk will read the title of the bill for border barrier, even the kinds that inconsistency from my colleagues the second time. Democrats have supported so recently across the aisle. The senior assistant legislative clerk and so often, would now be an immo- If you recall, since last week, the ap- read as follows: rality. An immorality? parent position of Senate Democrats A bill (H.R. 266) making appropriations for We have heard serious proposals has been that the Senate itself cannot the Department of the Interior, environ- brushed aside with joking offers of $1 engage in any of the people’s business ment, and related agencies for the fiscal year to address the critical issue. We have until government funding is resolved.

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

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VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.000 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S188 CONGRESSIONAL RECORD — SENATE January 15, 2019 Democrats have held this position so tion. The Department of Justice is GOVERNMENT FUNDING dogmatically that three times now charged with duties such as protecting Mr. SCHUMER. Madam President, as they have voted against advancing a Americans’ civil rights, defending the the Trump shutdown drags on, more bipartisan and urgently needed pack- public order to which citizens are enti- and more Americans are getting hurt. age of legislation that concerns Israel, tled, and upholding the time-honored Public servants have been working Jordan, and the civil war in Syria. tradition that the United States of without pay, critical Agencies are un- It has been the Democrats’ very own America is a nation governed by law. able to perform the functions they are ‘‘Senate shutdown’’ on top of the par- So it is the Nation’s good fortune—our supposed to perform for the American tial government shutdown they are good fortune—that the President has people—whether that is inspecting food prolonging. What about our ally Israel? selected such a completely qualified supply, protecting our airports and What about the innocent people of and thoroughly prepared leader to fill prisons, or helping farmers and small Syria? I guess they are just out of this vacancy. businesses get loans. We are now ap- luck—just out of luck. The Democratic First and foremost, of course, is the proaching tax season with the IRS leader has made clear that they will fact that Bill Barr has served in this under severe limitations. just have to wait. They will just have position before. As Attorney General When will the President’s ridiculous to wait until he decides to end his fili- under President Bush 41 in the early manufactured crisis come to an end? buster of these bipartisan bills, which, 1990s, he fulfilled his oath and led the I have three words for President until last week, by the way, he sup- Department of Justice with honor and Trump, Leader MCCONNELL, and our ported. It is a bizarre position—a truly with skill. He was widely regarded as a Republican Senators: Open the govern- bizarre position. capable administrator and as a strong, ment. It has directly contradicted the stat- independent, and principled advocate We can debate border security. We ed foreign policy views of many of our for fairness and for following the law. have debated it for a month and a half. Democratic colleagues, but this has We haven’t come to a conclusion. Open been the Democratic leader’s position: His tenure confirmed the great con- fidence that Republican and Demo- the government, and we can debate Filibuster the expanded assistance for border security while the government Israel. Filibuster the new consequences cratic Senators had all placed in him when they confirmed him to that posi- is open. for giving aid and comfort to the Assad Now, for weeks, as I said, we have regime as it butchers its own people. tion unanimously. Democrats con- trolled the Senate in 1991—Democrats been at a standstill. We have offered That is what the Democratic caucus the President several ways to uncouple has overwhelmingly voted to do on controlled the Senate in 1991. That is when he was confirmed—confirmed on his demand for a border wall from a three occasions. government shutdown. The President But now, we are informed that it was a voice vote. Boy, those were the good has been obstinate, insisting on a $5.7 all just a farce. The Democratic leader old days. billion wall he promised that Mexico actually doesn’t mind doing other busi- Amid the proceedings, our distin- guished colleague Senator LEAHY ex- would pay for. ness because he now intends to bring a The few times that his deputies—the privileged and political stunt of a mo- pressed confidence that Mr. Barr would Vice President and the Chief of Staff— tion relating to the administration’s be ‘‘an independent voice for all Ameri- have made proposals to Democrats, the use of sanctions against Russia. cans.’’ So now at least we know the score. Then-Senator Joe Biden, who was President contradicted them soon Our Democratic colleagues don’t really then the chairman of the Judiciary thereafter. Just yesterday, the Presi- object to Senate action as such; they Committee, put it this way at the dent flatly refused to consider a pro- just object to debating a bipartisan time: He is ‘‘a heck of an honorable posal from his close ally in the Senate, package of bills to reinforce our sup- guy.’’ Senator GRAHAM, to open the govern- port for Israel, help Jordan stand firm So 28 years ago, leading Democrats ment temporarily while we debate bor- amidst regional chaos, and take action were practically heading up the Bill der security. Sadly, neither Republicans in Con- to hold accountable those who have Barr fan club, and his subsequent serv- gress nor the President’s own staff tortured and murdered countless— ice proved they had made the right seem willing to tell him what everyone countless—Syrian civilians. call. In fact, this nominee has been else already knows: The President does There is no reason this bill shouldn’t unanimously confirmed by the Senate not have the votes in either House of sail through Congress and be signed by three times—three times. Congress for his expensive, ineffective the President. A bipartisan bill to sup- Before serving as Attorney General, wall. port Israel, defend Jordan, and provide he worked as an Assistant Attorney The reason we have been unable to justice for innocent Syria—that is General and a Deputy Attorney Gen- make any progress is that President what the Democratic leader is filibus- eral. In no case did even a single Sen- Trump is not yet interested in making tering. But a partisan motion on an un- ator identify a good reason to oppose progress. related foreign policy issue? Oh, he is his confirmation—three times unani- perfectly happy to see it come right So there is only one person who can mously. help America break through this grid- here to the floor for a vote. As I said, So it is beyond safe to say that Mr. lock: Leader MITCH MCCONNELL. For at least we know the score. Barr is eminently qualified and widely So here is my commitment to Israel the past month, Leader MCCONNELL has respected. I look forward to his testi- been content to hide behind the Presi- and to Jordan and to the Syrian peo- mony today and to the testimony of ple: I will continue to force these cyn- dent, essentially giving him a veto over those who know him and his work. I what comes to the floor of the Senate. ical tactics into the light of day. hope every Senator will afford Mr. Barr Democrats may vote a fourth time—or It has put him in the ridiculous posi- the fair consideration he so obviously a fifth time—to filibuster these bipar- tion of refusing to consider legislation deserves. tisan bills, even as they turn the Sen- to reopen the government that nearly I suggest the absence of a quorum. ate toward other business. But Repub- every Senate Republican has voted The PRESIDING OFFICER. The licans will not abandon the need for for—legislation that leader MCCONNELL clerk will call the roll. American leadership in the world. has proudly voted for; legislation that The senior assistant legislative clerk NOMINATION OF WILLIAM BARR the American people favor by a 2-to-1 proceeded to call the roll. Madam President, on one final mat- margin, including nearly 40 percent of ter, today our colleagues on the Judici- Mr. SCHUMER. Madam President, I Republicans. ary Committee will begin nomination ask unanimous consent that the order The American people suffering the hearings for Mr. William Barr, the dis- for the quorum call be rescinded. dire consequences of this shutdown can tinguished public servant President The PRESIDING OFFICER. Without no longer afford to wait for the Presi- Trump has asked to serve as the Na- objection, it is so ordered. dent to come around. The President tion’s next Attorney General. RECOGNITION OF THE MINORITY LEADER must be shown the will of the Congress, Certainly, no one needs me to explain The PRESIDING OFFICER. The and I believe that if Leader MCCONNELL all of the reasons this is a vital posi- Democratic leader is recognized. were to put the House-passed bills on

VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.002 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S189 the floor, they would receive a signifi- boilerplate assurances. Saying ‘‘I am Beyond the weak terms of the deal, cant majority in the Senate, a veto- for transparency’’ is not good enough. the Senate must consider that proof majority. Will he release Mueller’s report—yes Deripaska has deep ties to President So I would appeal to Leader MCCON- or no? If he can’t answer ‘‘yes,’’ he Putin and his intelligence apparatus, NELL: Do what is right for the country. doesn’t deserve the position. Will he organized crime, and Mr. Paul Do what is right for hundreds of thou- not interfere in any way with Mueller’s Manafort, a subject of the special coun- sands of Federal employees laboring investigation as opposed to saying he sel’s investigation. without pay. Do what is right for our likes Mueller and thinks he is doing a It is deeply suspect that the Trump farmers and small businesses, home- good job? If Mr. Barr can’t say ‘‘yes,’’ administration would propose sanc- owners, and taxpayers. Do what is that he will not interfere in any way tions relief for Deripaska’s companies right for America. with the Mueller investigation, he before the special counsel finished his President Trump may not care about doesn’t deserve the job, particularly in work. We should not allow any sanc- the harm he is doing to all of these light of his writings. tion relief for President Putin’s trusted people, but our Republican Senators, We should expect unequivocal com- agents or the companies they control including Leader MCCONNELL, should. mitments from Barr to defend the in- before the conclusion of the investiga- A few years ago, Leader MCCONNELL tegrity of the FBI and our Federal law tion. remarked: Remember me? I am the guy enforcement officers, not vague state- Finally—and maybe most seriously that gets us out of shutdowns. ments that give him plenty of wiggle of all—there is a foreign policy issue Well, Leader MCCONNELL, now is the room to do President Trump’s dirty here at stake. President Putin’s gov- time. Leader MCCONNELL, allow a vote work if he gets to be Attorney General, ernment, one of Russia’s largest banks, on legislation and reopen the govern- and we should expect an unequivocal and the Russian economy have a direct ment. commitment from Mr. Barr to allow interest in sanction relief for In a short time, a few of my Demo- the special investigation to proceed Deripaska’s companies. Why is the cratic colleagues will ask the Senate and conclude without any—underline Trump administration proposing sanc- ‘‘any’’—interference. tions relief when President Putin has for that chance. Will Leader MCCON- One last point, the expectations for not yet made any move to curtail or NELL help us reopen the government? Mr. Barr are even more demanding Will some of our Republican Senators constrain his maligned activities given the recent revelation that he around the globe? actually join us, not in nice words but wrote a detailed, unsolicited memo to Now, this morning, my friend from in actually voting to reopen the gov- the Justice Department criticizing the Kentucky called this a political stunt ernment? Or will Leader MCCONNELL Mueller investigation, despite having and a farce. That is appalling. After all block it yet again, aiding and abetting no knowledge of its workings. The Putin has done, this is a stunt and a President Trump’s desire to extend his memo revealed that Barr holds an as- farce? And why are we doing it now? government shutdown? tonishingly broad—almost imperial— He said: Why are Democrats doing it? One final point here, President view of executive power. That should Because the underlying law that al- Trump thinks if he holds out long also be a serious line of inquiry for our lows for this resolution has a 30-day enough, he will win the fight with the colleagues on the Judiciary Com- alarm clock on it. The alarm clock American people. Every day he is los- mittee. goes off Thursday. Democrats are not ing. The Gallup poll today had him at The next Attorney General will take forcing this vote; the law is. a near-record low of 37 percent popu- charge of a Justice Department that I would say to the leader, Democrats larity. Even some of his base is losing has been embroiled in near-constant were not the ones who decided to relax face. chaos for 2 years at a critical moment sanctions on Putin’s cronies just before President Trump, you are not going for our democracy. The Senate should the Christmas holiday, hoping no one to win this fight with the American only approve an Attorney General of would notice. That was the Trump ad- people. Every day it drags on, you are unimpeachable integrity and unim- ministration. If Leader MCCONNELL less popular. Every day it drags on, peachable fidelity to the rule of law, wants to know why we are voting on people blame you and the Republicans, with the strength and conviction to re- Russian sanctions this afternoon, he not the Democrats. You are not win- sist the worst impulses of this Presi- should go talk to the White House. ning the fight. You may be in your own dent, who, probably, when it comes to So allow me to appeal directly to my Republican colleagues. Whatever your untruth bubble, but you are not win- the Justice Department, has the worst view on this issue, there are enough ning the fight. Everyone knows that. impulses of any President we have ever questions—enough questions—that we We certainly do. had. NOMINATION OF WILLIAM BARR should vote for the motion to proceed RUSSIAN SANCTIONS so that you can hear the debate. It is Madam President, on another mat- Madam President, finally, on Russia ter, as we speak, the Senate Judiciary an important debate. Putin is laughing sanctions, later this afternoon the Sen- with the damage he is doing to Amer- Committee is conducting its hearing on ate will move to consider a motion to the nomination of William Barr to be ica. We cannot go along. proceed to a resolution of disapproval In the past, one of the finer moments the next Attorney General of the on the Treasury Department’s proposal of this Senate, which Leader MCCON- United States. It is an august position to relax sanctions on three companies NELL talks about all the time, was that demands the highest degree of owned and controlled by sanctioned when we joined in a bipartisan way to credibility, transparency, and fidelity Russian oligarch Oleg Deripaska. The impose sanctions on Russia. Well, we to rule of law, even during a normal case against the Treasury Depart- should not relax that view. We should Presidency. ment’s proposal is strong. It fails to not relax that vigilance. The details But given President Trump’s actions, sufficiently limit Deripaska’s stake in here are complex. The Senate and the his disdain for rule of law, his derision the three companies. It merely reduces American people ought to have a real of the rulings of an independent judici- his ownership to 45 percent. Many U.S. understanding of the facts before vot- ary, his public contempt for law en- companies are heavily influenced by an ing. If that debate is allowed to pro- forcement procedures of the Justice owner who controls much less than a ceed, I believe my Senate colleagues Department, the burden of proof for 45-percent share. Why didn’t they re- will see the wisdom of keeping the cur- William Barr is higher than it would be duce it to 10 or 15? But they didn’t. rent sanctions in place. for other Presidents. Treasury’s plan also allows for Rus- I yield the floor. This is not a normal Presidency. We sian shareholders with family and busi- I suggest the absence of a quorum. don’t need an Attorney General who ness ties to Deripaska to retain share- The PRESIDING OFFICER. The will just comply with this President. holder interest. Considering that clerk will call the roll. That is a danger to the Republic. Deripaska’s ex-wife and father-in-law The senior assistant legislative clerk The Senate should expect unequivo- control 7 percent of the company, add proceeded to call the roll. cal and explicit commitments from Mr. that to the 45, and he has total control. Mr. THUNE. Madam President, I ask Barr to resist President Trump. Mr. So Treasury does not come close to unanimous consent that the order for Barr cannot merely give perfunctory, going far enough. the quorum call be rescinded.

VerDate Sep 11 2014 01:44 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.004 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S190 CONGRESSIONAL RECORD — SENATE January 15, 2019 The PRESIDING OFFICER. Without produce the votes that are necessary to again crediting the construction of 630 objection, it is so ordered. pass legislation to reopen the govern- miles of border fence that creates a sig- GOVERNMENT FUNDING ment. It is entirely dependent upon the nificant barrier to illegal immigration Mr. THUNE. Madam President, President of the United States, who on our southern land border. In other Democrats continue to talk about the must sign that bill into law, and the words, in 2009, the Democratic leader need to fully reopen the government, Democrats here in the Senate, who not only didn’t oppose border fences, he and I cannot agree with them more. It have to produce the requisite number praised them. is time to end this partial shutdown of Democrats to get the 60 votes that The fact is, our border is not secure. and get the government fully operating are required to pass it in the Senate. Tens of thousands of individuals try to again. But there is a problem. Demo- That is where we are. cross our southern border illegally crats may talk a lot about the need to Frankly, right now, there isn’t a ne- each month. Illegal drugs flow into this reopen the government, but they are gotiation going on. The Democrats’ re- country through ports of entry and not willing to do the work that would fusal to negotiate is victimizing the other unsecured areas of the border. be required to actually get the govern- very workers they want to protect. The Federal agents have seen a 115-percent ment open. Federal workers who are struggling increase in the amount of fentanyl In a divided government, negotiation right now are struggling precisely be- seized between ports of entry, and 90 and compromise are essential. If you cause Democrats are refusing to work percent of the heroin supply in this want to get something done in a di- with this President, and that has a lot country flows across our southern bor- vided government, you have to com- more to do with politics than it has to der. There is human trafficking, weap- promise. But that doesn’t seem to be do with the issue itself. ons trafficking, and more. something the Democrats understand. Democrats need to negotiate with We need better border security, in- For Democrats, it is ‘‘my way or the the White House to reopen the govern- cluding more barriers, technology, and highway.’’ They won’t give an inch. ment, but they should also want to personnel along our southern border. They want their way, and they want work with the White House on border We don’t know who is coming into our their way only. All of us would like to security solutions. Border security is a country and why. We need to ensure get our proposals passed exactly as we national security imperative. No coun- that we keep criminals, traffickers, want them, with no changes, but we all try can be secure if dangerous individ- terrorists, and dangerous goods out of know that is unrealistic. If you want to uals can creep across its borders un- this country. get something done, you usually have checked and unobserved, and Demo- House majority leader STENY HOYER to compromise. crats used to understand this. was asked about the Democrats’ flip- The White House has a strongly held In 2006, the Democratic leader and flop on border security and whether position but has also made it very clear the ranking member of the Senate Ju- there is any real difference between that it is willing to be flexible and ne- diciary Committee voted for legisla- what they supported in the past and gotiate with Democrats, but the Demo- tion to authorize a border fence. They what they are opposing now. He said: crats refuse to play ball, and they con- were joined in their vote by then-Sen- ‘‘I don’t have an answer that I think is tinue to hold parts of the Federal Gov- ator Biden, then-Senator Clinton, and a really good answer.’’ ernment hostage. then-Senator Obama. ‘‘I don’t have an answer that I think We just heard our colleague from In 2013, every Senate Democrat— is a really good answer.’’ Well, Madam New York, the Democratic leader, sug- every Senate Democrat—supported leg- President, at least that is honest. gest that it should be Republican lead- islation requiring the completion of a Democrats don’t have a good answer er Senator MCCONNELL’s job to solve 700-mile fence along our southern bor- because there is no real difference be- this problem, but the fact is—and we der. This legislation would have pro- tween what they have supported in the all know this—the negotiation in this vided $46 billion for border security and past and what they are opposing right circumstance has to be between the $8 billion specifically for a physical now. President of the United States and the barrier. Before Christmas, I came to the floor Democrats in the Senate and the House As recently as last year, nearly every to talk about the divided government who have refused to budge on that posi- Senate Democrat supported $25 billion we would be dealing with in 2019 and tion. in border security. 2020. I noted that divided government The Republican leader has made it My point is that the Democrats in doesn’t have to spell the doom of pro- very clear that as soon as the Presi- the Senate have in the past recognized ductivity. In fact, over the past 30-plus dent is willing to sign something and the importance, No. 1, of securing the years, some of our greatest legislative the Democrats here are willing to border and, No. 2, how important a achievements have been the product of produce enough votes to give us the 60 physical barrier is as a part of the solu- divided government. But I also noted votes that are necessary to pass it in tion to securing our border—not en- that in order for us to be productive in the Senate and the House, he will move tirely dependent upon a border wall but the 116th Congress, Democrats would a bill through the Senate that we can certainly a part of that solution, to in- have to decide to work with us. So far, get to the President and end this shut- clude technological solutions, man- they have decided not to. down, get the government open again, power, additional personnel, cameras, In addition to refusing to negotiate and fund border security, which is an censors, all the modern technology on border security, Senate Democrats important priority for our country and that we have, but in certain places rec- have also blocked the Senate from con- for our national security interests. ognizing that the fence works. The sidering legislation to support Israel’s That is a position which, until re- fence has worked. There is already 700 security, strengthen our relationship cently, was also held by the Demo- miles of fence on the southern border. with our Jordanian allies, and hold ac- crats. As recently as December, the I would point out that in 2009, the countable individuals who participate Democratic leader indicated that to Senate Democratic leader said in a in the atrocities of the Assad regime in solve this budget stalemate, this im- speech that ‘‘any immigration solution Syria. passe we seem to be having, we needed must recognize that we must do as Despite our divided government, we to have the support of the leaders in much as we can to gain control of our can still accomplish important things both the House and the Senate and the borders as soon as possible.’’ That was for the American people, but it is going President before either Chamber should in 2009 from the Senate Democratic to require an about-face from Demo- vote on legislation. He suggested that leader. He went on to discuss, interest- crats, who have so far made the 116th the President needed to come out pub- ingly enough, progress that had been Congress about partisanship and their licly in support of it—in other words, made on border security between 2005 hostility to this President. to indicate he would sign any legisla- and 2009, including ‘‘construction of 630 It is time for Democrats to stop talk- tion that might move. miles of border fence that create a sig- ing about reopening the government So that is where we are. It is not a nificant barrier to illegal immigration and to take steps that would actually function of the Republican leader’s. on our southern land border.’’ That do so by committing to real negotia- The Republican leader is prepared to from the Democratic leader in 2009, tions with the White House. Then and

VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.006 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S191 only then can we get past this impasse, tivities at school for dance lessons. passed this body either by a 92-to-6 get the government open and func- They can’t help their relatives deal vote for the Appropriations Committee tioning, and address what is a critical with their problems. They are post- or unanimous or near unanimous by and important national security imper- poning needed health treatment issues. our Appropriations Committee under ative for our country, and that is en- I read last week on the floor of this Republican leadership in a bipartisan suring that our southern border is se- body a letter from Kristen Jones and manner. We need to reopen the govern- cure. Brad Starkey, air traffic controllers ment. It is not about Republicans in the who explained how they can’t take care Therefore, Mr. President, I ask unan- Senate. It is about the President of the of their family needs. So 800,000 people imous consent that the Senate proceed United States, for whom this is a huge are furloughed without pay or working to the immediate consideration of Cal- priority, something he is passionate without pay—30 percent are veterans. endar No. 5, H.R. 21, making appropria- about doing and a commitment he Small businesses are shuttering their tions for the fiscal year ending Sep- made to the American people. And it is operations because they depend upon tember 30, 2019; I further ask that the about the Democrats here in the Sen- government workers for their business. bill be considered read a third time and ate—and in the House but here in the From cleaners to restaurants, they are passed and that the motion to recon- Senate, where it takes 60 votes to pass finding they don’t have the business sider be considered made and laid upon anything—sitting down across the they used to have. the table with no intervening action or table from the President in good faith Kevin Hassett, Chairman of the debate. and dealing with what usually happens White House Council of Economic Ad- The PRESIDING OFFICER. Is there in circumstances like this, and that is visers, indicates the economic impact objection? to negotiate an agreement for both is $1.2 billion a week on our economy. Mr. MCCONNELL. I object. sides, give a little bit, have a little We heard that small businesses have The PRESIDING OFFICER. Objec- give-and-take. to lay off employees because they are tion is heard. As I mentioned, the President has not getting their Federal partnerships. Mr. CARDIN. Mr. President, I say in been very flexible and very open to sit- I used the example of the Senior Serv- response to the distinguished majority ting down with Democrats. In the dis- ices of America. They laid off 176 em- leader, I just don’t understand why the cussions I have been a part of, he has ployees because the USDA and Forest Senate is missing in action. We are a demonstrated his willingness to com- Service can’t honor their contracts. coequal branch of government. Let us promise. But I have yet to see a single People can’t close on their home mort- speak about opening the government. step by the Democrats here in the Sen- gages because they don’t have pay There are Members on both sides who ate or in the House, in their leadership, stubs to show their income. The FHA understand that we can debate border a single move, a single inch of move- can’t certify loans with HUD being security, and we can reach agreements, ment in the direction of trying to solve shuttered. Core missions are being but you can’t do that with a partial this problem. Instead, they seem bent compromised. government shutdown. on turning it into a political issue. I talked to air traffic controllers yes- This is President Trump’s shutdown, That is not good for the American peo- terday—people in air safety. They and now with the majority leader’s ob- ple. It is certainly not good for those don’t have their full complement. They jections, the Republicans in the Senate employees who are struggling out there are professionals. We have the most are assisting this shutdown. because they are not being paid and professional government workforce in The PRESIDING OFFICER. The ma- certainly not good for the crisis we the world, and they are dedicated pro- jority leader is recognized. face at our southern border and the se- fessionals who do their job, but we are Mr. MCCONNELL. Let me repeat curity threat that poses for the Amer- asking them to do it with half the again what I have said now for some 3 ican people. number of employees and without get- weeks. The solution to this is a nego- I hope we will do better. We can do ting a paycheck. That is outrageous. tiation between the one person in the better, but it is going to require nego- This shutdown has to end. The Presi- country who can sign something into tiation. It is going to require a willing- dent wants it. We are an independent law, the President of the United ness to sit down at the table in good body. We are a coequal branch of gov- States, and our Democratic colleagues. faith and to get discussions going ernment. We could open up the govern- For the Senate Republicans to partici- about how we solve this important ment. Yes, we can negotiate border se- pate in something that doesn’t lead to problem. curity, but we have to have the govern- an outcome strikes me as not what the I yield the floor. ment open. You can’t negotiate under Senate ought to be involved in. I suggest the absence of a quorum. circumstances where the President is We have an important package of The PRESIDING OFFICER. The holding the country hostage, and he bills that have been held up during the clerk will call the roll. undermines his own negotiators. It Senate shutdown—never mind the gov- The senior assistant legislative clerk cries out for Congress to take the lead. ernment shutdown—related to our col- proceeded to call the roll. I agree with Senator GRAHAM when leagues, our friends in the Middle East, Mr. CARDIN. Mr. President, I ask he says we should open the government the Israelis, related to the Syrian civil unanimous consent that the order for and then let us negotiate using the reg- war and all the atrocities that have oc- the quorum call be rescinded. ular process of Congress to debate the curred. There is business to be done in The PRESIDING OFFICER (Mr. issues of border security, including im- the Senate. SCOTT of Florida). Without objection, migration issues. We are a coequal The way to solve the government it is so ordered. branch of government. Two bills are on shutdown is for the administration and UNANIMOUS CONSENT REQUEST—H.R. 21 our desk. Both have passed the House our good friends in the House in the Mr. CARDIN. Mr. President, I am of Representatives. majority and Senate Democrats to here with my colleague Senator VAN I am going to make a unanimous con- reach a legislative solution. When that HOLLEN. The two of us are going to sent request with regard to H.R. 21, and happens, I will be more than happy to make a unanimous consent request to my colleague Senator VAN HOLLEN will call it up because we know it will actu- reopen the government. deal with the rest of the government. ally solve the problem. I know the distinguished majority H.R. 21 has six appropriations bills that The PRESIDING OFFICER. The Sen- leader is here. We are on day 25 of this are not related to the issue of border ator from Maryland. tragic, outrageous, needless, and dan- security. They have already been acted Mr. CARDIN. Briefly, in response to gerous partial shutdown. Senator VAN upon by this body. They are not part of the majority leader, the first priority HOLLEN and I have met with govern- this dispute. It is Financial Services should be reopen government. That ment workers, and we heard their ac- and General Government. It is Agri- needs to be our very first priority of count. They can’t pay their bills. Mort- culture. It is Interior and Environ- business. gages are going without payment. I ment. It is Transportation and HUD. It In regard to the legislation the leader heard yesterday from a Federal worker is State and Foreign Operations. It is is referring to, let me point out that who can’t pay their children’s extra ac- Commerce, Justice, and Science. They those bills could have been passed in

VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.007 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S192 CONGRESSIONAL RECORD — SENATE January 15, 2019 the last Congress where Republicans work. What they tell us is they just ernment, certainly, for the longest pe- controlled both the House and the Sen- want to get back to work and do their riod in history. ate. The majority leader made a deci- jobs for the American people. If you So let’s do the right thing. Let’s do sion on floor time that it was not a pri- look at this pay stub, at the net pay, it our job. Let’s not just say the Presi- ority to be considered in the 115th Con- reads ‘‘zero’’—a big, fat goose egg. I dent is the only one who can handle gress. can tell you these Federal employees this. We can handle it. Let me also say, in regard to Israel, are getting bills. They are getting their Mr. President, I ask unanimous con- it will benefit from the foreign ops ap- mortgage and rent bills. They don’t say sent that the Senate proceed to the im- propriations bill to be passed, which is zero. They stay the same. So here you mediate consideration of Calendar No. part of my unanimous consent request have 800,000 Federal employees who are 6, H.J. Res. 1, making further con- of an additional $200 million, but that unable to make do—missing mortgage tinuing appropriations for the Depart- is being held up because of this shut- payments, missing rent payments, ment of Homeland Security. I further down that has been caused by the missing their monthly installments on ask that the joint resolution be consid- President and has now been assisted by community college payments. On top ered read a third time and passed and the Republicans in the Senate. of that, you have all of these small that the motion to reconsider be con- The PRESIDING OFFICER. The Sen- businesses that do work for the Federal sidered made and laid upon the table ator from Maryland. Government that are beginning to go with no intervening action or debate. UNANIMOUS CONSENT REQUEST—H.J. RES. 1 belly-up, and their employees are being The PRESIDING OFFICER. Is there Mr. VAN HOLLEN. Mr. President, told not to go in to work. an objection? the issue here is that, under the U.S. Since Senator CARDIN and I were here Mr. MCCONNELL. I object. Constitution, the Senate really does on the floor just last week, things have The PRESIDING OFFICER. Objec- need to do its job as a separate and co- gotten much worse around the country, tion is heard. equal branch of government. but here is what has stayed the same— Mr. CARDIN. Mr. President, I suggest Last week, Senator CARDIN and I that we have it in our power today to the absence of a quorum. were right where we are today—here on take up two House bills to open the The PRESIDING OFFICER. The the floor of the Senate, asking consent government. clerk will call the roll. that the Senate immediately take up I was listening to the majority leader The legislative clerk proceeded to and vote on the two House bills that say: Well, you know, the President call the roll. are on the Senate calendar as we speak says he is not going to sign them. Mr. CORNYN. Mr. President, I ask and pass them and send them to the Yet we are a separate branch of gov- unanimous consent that the order for President to reopen the government. ernment. We are the article I branch of the quorum call be rescinded. Last week, the majority leader blocked government. I am holding in my hand, The PRESIDING OFFICER (Mr. a vote on that. He blocked consent to right here, the bill that Senator CRUZ). Without objection, it is so or- take up those bills to reopen the gov- CARDIN asked us to vote on today. I dered. ernment. Since last week, much has think the public needs to know what is f in it because what is in it has already changed, and much has stayed the RECESS same. Here is what has changed. been supported on a bipartisan basis by The impact and harm of the shut- this U.S. Senate. The PRESIDING OFFICER. Under down is growing by the day. It is me- It has provisions to open about five the previous order, the Senate stands tastasizing around the country. Here Departments of the U.S. Government in recess until 2:15 p.m. are some headlines: ‘‘The cascade of that have nothing to do with Homeland Thereupon, the Senate, at 12:29 p.m., shutdown problems grows each week.’’ Security. We passed that by a vote of recessed until 2:15 p.m. and reassem- Another headline: ‘‘This is ridiculous: 92 to 6. The President says that he bled when called to order by the Pre- Small-business owners can’t get loans doesn’t want to sign it. He can veto it. siding Officer (Mrs. CAPITO). as shutdown enters Day 20.’’ That was With 92 to 6, it is a veto override—big f day 20. We are now on day 25. ‘‘FBI op- time. Also contained in here are bills STRENGTHENING AMERICA’S SE- erations damaged as shutdown con- that passed the Senate Appropriations CURITY IN THE MIDDLE EAST tinues.’’ ‘‘FBI Agents Group Says Shut- Committee by a vote of 30 to nothing ACT OF 2019—Motion to Proceed— down Affects Law Enforcement.’’ They and 30 to 1. That is what is in here—bi- Continued point out it is putting those on the job partisan bills. at greater risk because those are who So the question for this body, as a The PRESIDING OFFICER. The Sen- are furloughed who support them can’t separate branch of government, is this: ator from Virginia. give them the backup they need. Why in the world are we not going to RUSSIA SANCTIONS The FDA continues to not do its rou- allow a vote to reopen the government Mr. WARNER. Madam President, I tine food inspections, and American on provisions that we have already rise today to express my support for veterans—and veterans make up 30 per- agreed to on an overwhelming bipar- S.J. Res. 2, a resolution of disapproval cent of the Federal workforce—are tisan basis—in fact, with a veto-proof on lifting sanctions against the energy being disproportionately hurt by the margin? and aluminum companies En+, RUSAL, shutdown. The President can say that he is not and EuroSibEnergo. We just heard it reported that the going to sign it. That is his business. To start from the beginning, the White House economists are doubling That is the executive branch. For good- United States of America has had very their estimate of the harm being done ness’ sake, let’s do our job here in the good reasons for sanctioning Oleg to our economy each week. It is al- U.S. Senate, because every day that Deripaska. There are a number of sig- ready in the billions of dollars, and goes by with this growing harm, the nificant national security risks at they are saying it looks as though it Senate is more and more complicit, play. That is why repeatedly—not just will be twice that much as this thing and we are an accomplice to the shut- in the current administration but in grows exponentially. down. prior administrations—this individual Services have been shut down for the I know President Trump likes to talk has been denied a visa and why he has American people. There were 800,000 about the fact that he has done things been personally sanctioned by the Federal employees, as of last Friday, that no other President has done before Treasury Department. As a matter of who received pay stubs like the one I in the history of the United States. fact, the Treasury press release an- am holding in my hand. This is one This time, he is right. He has the long- nouncing the sanctions noted that that was for an air traffic controller. est shutdown of any President in the Deripaska ‘‘has been investigated for Starting last Friday, 800,000 Federal United States. He said he would be money laundering, has been accused of employees did not get paychecks. Hun- proud to shut down the government if threatening the lives of business rivals, dreds of thousands of them are on the he didn’t get his way. I know that no illegally wiretapping a government of- job, working, and hundreds of thou- Senator here—Republican or Demo- ficial, and taking part in extortion and sands of them have been locked out of cratic—is proud to shut down the gov- racketeering.’’

VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.008 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S193 These are not the qualifications of just leave it shut down.’’ Senator Back in 1992, when Mr. Barr was con- someone who should get relief from the BOOKER said that Senate Democrats firmed, then-chairman of the Senate United States. I appreciate the fact should block consideration of all unre- Judiciary, Joe Biden—President that his company, RUSAL, has an lated bills. Obama’s Vice President—said he would enormous effect upon the aluminum All this comes as a result of the fact be a fine Attorney General. markets. I appreciate the efforts the that the impetus is on the Democrats This morning, I heard Mr. Barr dis- Treasury Department has tried to to come forward and negotiate a reso- cuss the qualities that undoubtedly led make in restricting his control. But lution of the shutdown in good faith. Senators on both sides of the aisle to any businessperson knows that if you But to this point, the Speaker, Ms. support his confirmation. He spoke of take an ownership position from 70 per- PELOSI, and the minority leader, Sen- the importance of acting with profes- cent to 45 percent, and even with the ator SCHUMER, have simply refused to sionalism and integrity. As a matter of voting power of 35 percent, you still negotiate with the President. fact, he said that at 68 years old, he ba- control a company, particularly when I was with the President down in sically had decided to semi-retire, only this company was founded and the Texas, down along the border, on to answer the call by the President to Thursday. He is willing to negotiate. management team was all created by return to public service. He said: I am We know we had broad bipartisan sup- Mr. Deripaska. completely independent. I will make As we see continuing challenges com- port for the Secure Fence Act, for ex- the hard decisions. I will make the ample, in 2006, authorizing up to 800 ing out of the Russian Government, as right decisions. I will help restore the miles of fencing on the southern bor- we see continued efforts of Mr. reputation of the Department of Jus- der. The Democratic leader voted for Deripaska, being one of Vladimir tice and the FBI to an apolitical, a that, and so did Barack Obama and Hil- Putin’s closest allies and closest cro- nonpolitical department, which is ex- lary Clinton. Later, in 2014, all Demo- actly what we need. nies, we would send absolutely the crats voted for $40 billion in border se- He wants to make sure that the char- wrong signal if we in this body were to curity, including barriers, fencing, and acter and reputation of the Depart- remove these sanctions. tactical infrastructure along the bor- ment of Justice is enhanced and re- I know my friend the Senator from der. Now they are saying, as the Speak- stored and then maintained, and then Texas wants to speak in a moment. I er has said, that somehow this is ‘‘im- simply want to refer to the chairman moral.’’ Well, this is hypocrisy at its it could withstand even the most try- of the Intelligence Committee, Chair- worst. ing political times, including those in man BURR, who has frequently pointed which we presently live. NOMINATION OF WILLIAM BARR He spoke of serving with independ- out that Deripaska and his associates Madam President, on another mat- ence, providing no promises or assur- have come up a number of times in our ter, today the Senate Judiciary Com- ances to anyone or anything, other Senate Intelligence Committee’s Rus- mittee is holding a hearing on the than to faithfully execute and admin- sia investigation. All those facts can’t nomination of William Barr to be At- ister the laws of the United States of be laid out here right now, but I torney General of the United States. America. strongly urge my colleagues to vote in Mr. Barr is uniquely qualified for this It is clear to me that he maintains favor of this resolution that will come position in large part because he held the same views he held 27 years ago. I up later today, that we don’t send a the job before. As a matter of fact, 27 share his view that the Department of signal that we are open for business years ago, he was nominated by George Justice should function outside of the with individuals who have the reputa- Herbert Walker Bush to be Attorney highly politicalized times we live in. tion of Oleg Deripaska, and that we General of the United States. He was The fair and impartial administration maintain the sanctions on both him confirmed by a unanimous voice vote of justice is the highest obligation and and his company, RUSAL. in the Senate. It received little fanfare duty of this position. I yield the floor to my friend the Sen- at the time because it wasn’t particu- I believe Mr. Barr is an outstanding ator from Texas. larly controversial—nothing like the nominee and, once confirmed, will be The PRESIDING OFFICER. The Sen- contentious, partisan confirmation an outstanding Attorney General. I ator from Texas. battles we have seen the last 2 years. look forward to voting yes on his nomi- Mr. CORNYN. Madam President, I There wasn’t an attempt—at least so nation. would say to my friend from Virginia, far, and I am keeping my fingers we both serve on the Senate Intel- crossed—to assassinate Mr. Barr’s GOVERNMENT FUNDING ligence Committee, and of course we character or try to decipher the notes Madam President, on the matter of have both been intimately involved in in his high school yearbook like we saw the government shutdown—the 25 per- the investigation on Russia’s activities in the Kavanaugh confirmation hear- cent of the government that is pres- up to and including the 2016 election. ing. Instead, so far, and to the commit- ently not funded—last week, I traveled I would like to point out the hypoc- tee’s credit, we have focused on his with the President, along with my col- risy of our colleagues across the aisle qualifications. league Senator CRUZ, to the Rio who refused to take up any legislation He is clearly smart, articulate, and Grande Valley, to McAllen, TX. whatsoever, such as S. 1, which is on able. He has a clear understanding of After the President held his round- the floor and which would take ex- what the role of the Attorney General table, where he saw heroin, meth- traordinarily positive measures to pro- is and, more importantly, what it is amphetamine, and weapons, and heard tect our most important allies in the not. An Attorney General should not be about the human trafficking, including Middle East, including Israel and Jor- a politician. As a matter of fact, the sex slavery involving children and girls dan. They filibustered that bill and Attorney General has the very difficult and women, after that presentation— said: We are not going to take up any job of trying to balance his responsibil- after the President left, Senator CRUZ legislation until the government is ities as the chief law enforcement offi- and I sat down with a number of our back open—100 percent of it. cer in the country enforcing the rule of constituents—county judges, mayors, For the past 2 weeks, the minority law along with the fact that he is a po- law enforcement officers, as well as the leader has paralyzed the work of the litical appointee of the President’s. To folks from Border Patrol and Customs Senate, saying they would block the me, that is one of the most difficult po- and Border Protection. They under- Senate from considering any legisla- sitions in the Cabinet to hold. But Mr. stand the border better than anybody tion unrelated to government funding. Barr has done it before, and I think he because they live there. They are deep- A number of our colleagues have said— can do it again. He, of course, has great ly concerned about the posturing in for example, the junior Senator from institutional knowledge about the De- Washington and how the political argu- Virginia said: ‘‘The Senate should vote partment of Justice. ments seem to overcome logic and lis- on nothing else until we vote to reopen In addition to Attorney General, he tening to the experts when it comes to the government. Period.’’ Senator held the job of Assistant Attorney Gen- border security. I was glad for them to MERKLEY said: ‘‘The Senate’s schedule eral for the Office of Legal Counsel and confirm once again what they pre- cannot be business as usual if we shut Deputy Attorney General before he was viously told me: that we need to down a quarter of the government and promoted to the top job. strengthen those border communities

VerDate Sep 11 2014 01:44 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.011 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S194 CONGRESSIONAL RECORD — SENATE January 15, 2019 and keep our country safe, while keep- approach—barriers where they are ap- Mr. CARPER. Will the Senator yield ing legitimate trade and commerce propriate, technology, and personnel. for a moment? flowing across the border. That is exactly what we have been Mr. CORNYN. I yield. During our discussion, Scott Luck, talking about. That is what we voted Mr. CARPER. Madam President, I Deputy Chief of the Border Patrol, for in 2006 with the Secure Fence Act. thank the Senator for his comments. talked about the positive impact of The Democrats supported that, along As Senator CORNYN lives down at the physical barriers and what positive im- with Republicans. That is what law en- border and as his State is on the bor- pact they have at targeted locations forcement officers tell us they need to der, he is well familiar with that part along the southern border. He said: operate optimally. Unfortunately, it is of the world. The physical barrier has worked every what Democrats are now refusing to As it turns out, as the former chair- place I have been. I have been in places negotiate and provide. man of the Homeland Security Com- where they did not have it; they put it in and When looking at the border, it is not mittee, I have had a chance to visit the it worked. just physical security we need to be borders in the Senator’s State and in He mentioned Douglas, AZ, as one of concerned about; we need to be con- other States along the Mexican border. those. He said: cerned about our economic security as Not that long ago, there were a whole There were more people coming into the well. lot of Mexicans coming into the United country there than any other place in the During our discussions last week States, as he knows, and not so many country. I was there. It stopped. It stopped in with local stakeholders, we also fo- Mexicans going back to Mexico. In the California. It stopped in Yuma. It stopped in year 2000, when illegal immigration El Paso. It will stop wherever we put it. cused on the importance of facilitating legitimate trade and travel at our peaked, huge numbers of Mexicans Despite what our colleagues across came in—not so much today. As the the aisle are saying, physical barriers ports of entry. I was shocked by this figure, but the Customs and Border Senator knows, they are coming from at the border can be effective when Honduras, Guatemala, and El Salvador. coupled with technology and personnel. Protection Officer there, Mr. Higgerson, mentioned that the trade I am a huge advocate of border secu- It doesn’t do you much good to have a rity. I think fencing makes sense in a physical barrier that somebody can go from Texas ports alone is valued at $300 billion per year. For the State of Texas lot of places. We have hundreds of over or around or through and you miles of fencing, and in a lot of places, don’t have a Border Patrol agent there and border communities in particular, these ports fuel our economy, and we fences alongside roads make sense. We to detain them. have very sophisticated surveillance need to provide additional funding to Actually, the physical border is the equipment that can look from different ensure efficient movement across the last place you are going to stop people platforms. We have drones, fixed-wing trying to illegally enter into the border. One thing we all agree on is that aircraft, helicopters, stationary tow- United States, together with the nar- ers, and mobile towers that can look cotics and the human trafficking, but most of the high-end drugs—the heroin, the methamphetamine, and the down 20, 25 miles into Mexico and pick it is important to have those tools up people who are coming up from the available to the Border Patrol, and fentanyl—come through the ports of entry. So let’s modernize those. Let’s south. Motion detectors make sense, that is what Deputy Chief Luck was and tunnel detectors make sense. provide the technology that is needed stressing. He made the comments and There is a lot of stuff that makes in order to stop the flow of that poison observation that physical barriers sense. alone are not the solution for the en- into the United States. Legitimate I am all for investing there. I think tire border—a holistic border security trade and commerce is the lifeblood Democrats and Republicans can find approach also requires technology and not only of our border region in my common ground, and I think we have. personnel. State, it is also the lifeblood of our Na- The appropriations bills that we have When we were discussing the need for tion’s economy. There are 5 million passed will actually fund that kind of building physical barriers in strategic Americans whose jobs depend on bina- stuff. They are not just Democratic locations, my friend, Cameron County tional trade with Mexico alone. ideas, and they are not just Republican Along with a number of my col- Judge Eddie Trevino, said something to ideas. They are good ideas, and a lot of Border Patrol Council President Bran- leagues from Texas, we are sending a them come from our Border Patrol per- don Judd that I think encapsulates the bipartisan letter to President Trump sonnel, as the Senator knows. whole debate. He was talking to the that thanks him for his continued We can do all of this and more on the Border Patrol and CBP and said: work to secure our southern border. southern border with Mexico, but if If you tell us where you need it, I think we His advocacy for that layered ap- people in Honduras, in Guatemala, and are all on board. If the politicians tell us proach, as well as for port of entry im- in El Salvador continue to live lives of where we need it, I think that is where we provements, is vital to my State. In misery because we are complicit in our have our concern. that letter, we also address recent ru- addiction to drugs, they are going to In other words, what Judge Trevino mors to the effect that the U.S. Army still want to come up here. So we need was saying was, let’s listen to the ex- Corps of Engineers’ funds might be to be able to walk and chew gum at the perts, the people who know how to use used for border security purposes, and I same time and also provide, through the right combination of technology, have urged the President not to take Alliance for Prosperity, which is, real- tactical infrastructure, and personnel that route. While I will continue to ad- ly, a modern-day planned Colombia, a at each given place along the border vocate for additional border security, I little bit of hope and opportunity so because it makes no sense to try to believe those funds were intended to they will feel less compelled to come to treat this like a one-size-fits-all. Any- support disaster relief and should be this country to have a better life. body who has ever been to the border used for that purpose. We need both Thank you. between the United States and Mexico border security and to lend a helping The PRESIDING OFFICER. The Sen- knows that the geography and topog- hand to those who are still recovering ator from Texas. raphy vary tremendously from place to from natural disasters. We don’t have Mr. CORNYN. Madam President, if I place. to rob from Peter to pay Paul. We need could respond to my friend, the Sen- Let’s not try to dictate from Wash- to do both. ator from Delaware, he speaks cor- ington, DC, where every dollar goes I am grateful for the support that has rectly—accurately—about some of the and in so doing try to micromanage the been shown from the President to the symptoms and, I think, some of the Border Patrol and Customs and Border people of Texas both in the days fol- cures that we need to put in place to Protection and the Department of lowing Hurricane Harvey’s landfall and deal with this extraordinarily complex Homeland Security. Let’s leave that to in the nearly year and a half since, and problem. We would love to continue to the experts—the men and women who I hope he will continue to work with work with him on coming up with work to protect and secure our border all of my Texas colleagues and me as something. We may not want to call it every day. we rebuild our communities impacted ‘‘Plan Mexico’’ but ‘‘Plan Americas’’ What we continue to hear and what I by Hurricane Harvey and as we work because what we really have to deal continue to advocate is for a layered together to secure our border. with is a regional challenge.

VerDate Sep 11 2014 23:54 Jan 15, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.013 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S195 He is exactly right in that most of This achievement puts the 2018 Bison Before I get into my prepared com- the illegal immigration now is coming in, truly, elite company as it has be- ments, let me first associate myself from Central America. Gaps in our im- come only the fifth team to cap off an with his words and his eloquent appre- migration and human trafficking laws undefeated season with a national ciation and congratulations to the encourage unaccompanied children and championship title. The 2018 team joins folks at NDSU and to the football family units to come up to the border the 2013 NDSU team in accomplishing team. Let me just say that I don’t care because they can, essentially, get this impressive feat. what President Trump says—in Bison placed in the United States while they Further, NDSU is one of only five Nation, we never get tired of winning. wait for their asylum claims to be de- FCS teams to have ever won back-to- MARCH FOR LIFE termined by a court, and there is a back titles. NDSU is the deserved hold- Madam President, for the first time, backlog of 700,000 or 800,000 asylum er of the longest title winning streak I rise as a Member of this prestigious claims. In other words, the criminal or- in FCS history, with its obtaining five body, as a U.S. Senator, to talk about ganizations that move people for titles in a row from 2011 to 2015. It has a critical issue that faces our Nation, money into the United States have been victorious in every FCS title which is every citizen’s right to life. cracked the code and have figured out game in which it has played. It is no coincidence that I rise today, After the title game, NDSU quarter- how to be successful in placing people the week of March for Life. This com- back Easton Stick became NDSU’s in the United States. ing Friday is the 46th annual March for record holder for the most passing Unfortunately, it also helps to enrich Life, during which citizens from across yards, having a total of 8,693 passing those organizations that move the poi- the country and hundreds from North yards in his college career. He also be- son from south of the border into the Dakota, especially students from came the NCAA record holder for the United States. They contributed to the most all-time FCS wins by a quarter- places like Shanley High School and deaths of some 70,000 Americans last back, having a total of 49 career wins. the University of Mary and other insti- year alone. I am thinking particularly I also recognize the impressive tutions around our State, will unite to about the fentanyl, along with the her- achievement of NDSU’s head coach, fight against the largest, deadliest, and oin, going from China to Mexico and up Chris Klieman. During his 5 years as most silent war this world has ever across the border. Of that consumed in head coach, he led the Bison to an out- known. This, my colleagues, is the war the United States, 90 percent of it standing record of 69 wins and only six against the unborn. comes from Mexico. I agree that it is losses, winning four national cham- During my time in the House of Rep- the demand here in the United States pionships in the process. Coach resentatives in the last 6 years and that enriches the cartels, but they are, Klieman’s achievement of four titles in throughout my campaign for the Sen- more or less, commodity agnostic. In 5 years equals the NCAA’s FCS record ate last year, I promised the people of other words, they will do anything that for obtaining the most titles as a head North Dakota that I would fight for makes them money, these criminal or- coach. Coach Klieman and his entire life at all stages. I unite, today, with ganizations. staff instilled character and persever- those who will march this Friday, who We need to have people sit down and ance in the members of the NDSU will walk with heavy and hopeful work together, and I pledge to work Bison football team. hearts and who will pray for the 60 mil- with my colleague to try to do that. While I know it is bittersweet, I am lion discarded children who have been Yet we can’t get a solution as long as sure that Bison Nation will join me in denied their very first breaths. the Speaker of the House calls physical wishing Coach Klieman the best of luck Colleagues, I stand here to call to infrastructure or barriers immoral. in his continued career as the new head mind a child’s right to life and protec- This is kind of a nonstarter to a con- coach of the Kansas State University tion within the womb of his or her versation that we need to have to try Wildcats next season. We welcome mother. Since Roe v. Wade, which the to negotiate our way out of this shut- Matt Entz as the new head coach, who Supreme Court decided in 1973, over 60 down. was formerly the defensive coordi- million children have been denied their I welcome working with my friend. nator. He has, certainly, been part of right to life. There have been 60 million The PRESIDING OFFICER. The Sen- this great dynasty. children who have been refused love, ator from North Dakota. Finally, I recognize all of Bison Na- comfort, a hug, care, opportunity, and Mr. HOEVEN. Madam President, I ex- tion for its vibrant and unwavering breath. They were torn from experi- tend my thoughts in regard to the com- support of the team during another encing the beauty of the world that we ments made by the senior Senator from successful season. are so fortunate to see. They were torn Texas in the need for border security. I As they have grown accustomed to from family and unknown friends. appreciate his comments, and I, cer- doing, the welcoming residents of Fris- To deny 60 million innocent children tainly, agree with them. co, TX, saw a mass of Bison fans flock the right to these things is the highest NORTH DAKOTA STATE UNIVERSITY 2018 FCS to their town for the FCS champion- injustice to our people and the highest TITLE VICTORY ship game. They were warm and won- offense to our God. I speak on behalf of Madam President, I rise to take a derful in terms of their hospitality. Ap- the citizens of North Dakota and of all minute to recognize the incredible proximately 20,000 fans traveled from citizens who will gather this week to achievements of the North Dakota North Dakota and other areas to sup- say that it is absolutely unacceptable State University Bison football team port our great team. They turned the that within this country, life is treated stadium into a sea of green and yellow today. as a commodity rather than a gift from as they passionately cheered on our be- On January 5, it earned its record an omnipotent Creator. seventh national championship title. loved Bison. Some of my pro-choice colleagues The Bison victory was not only a vic- For 7 out of the last 8 years, it has been and friends may say that in taking this tory for the NDSU football team but the national champion. stance, I am standing against women’s for our State as the team brought yet In a hard-fought victory, NDSU de- another trophy back home to North rights—nothing could be further from feated the Eastern Washington Univer- Dakota. I congratulate the team, the the truth—and that this is an issue of sity Eagles by a score of 38 to 24 in coaches, and our great, great fans on a woman’s right. It is an issue for the Frisco, TX. With that win, the Bison another national championship. millions of women who have been de- have now won an unprecedented, as I Go, Bison. nied the right to life. I fully support say, seventh NCAA Division I football Again, I am so proud of our great women’s rights. I just began supporting championship series championship, set- team, and I appreciate the opportunity them 9 months earlier than some of my ting a record for the most FCS titles of to take this time to recognize its colleagues on the other side of this im- all time. The Bison now have a total of achievements. portant issue. 15 NCAA championship titles. In addi- I am pleased to yield the floor to my To my colleagues who are pro-life tion, the team completed the 2018 foot- fellow Senator from North Dakota. who are supportive of this fight, I re- ball season with a perfect record of 15 Mr. CRAMER. Madam President, I mind them that abortion is a great in- wins and zero losses, displaying just an thank my friend and colleague, Sen- justice, but it is particularly common extraordinary resilience and skill. ator HOEVEN. in situations and communities that

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.014 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S196 CONGRESSIONAL RECORD — SENATE January 15, 2019 have suffered other injustices. If we are and of the United States who desire to to extend a warm welcome to my col- going to be pro-life, I think we must be see these bills and many other impor- league from North Dakota. I have pro all of life and address the factors tant pro-life bills pass and signed into worked with him for many years, and I that cause women to decide to end the law. They want an end to this injus- very much look forward to working life of their unborn children. tice. with him now here in the Senate. The United States has seen a great I recognize my responsibility to fight Thank you. evil throughout its history. We have for the youngest, most vulnerable The PRESIDING OFFICER. The Sen- seen and experienced slavery, discrimi- members of our society and our future ator from Oklahoma. nation, and human trafficking. All of generations. Today, I stand with my NATIONAL DEFENSE these things are illegal, and these constituents and with the entire popu- Mr. INHOFE. Madam President, in things are issues on which we as a lation of the United States, especially the floor speech that I gave last week country take a moral stance. However, the men and women who have been on the ‘‘Common Sense for Common abortion is legal. Sixty million lives robbed of their right to life. I urge my Defense,’’ I highlighted the fact that have been ended legally in our country. fellow Senators to take a stand on this our competitors have increased their Here, in Washington, DC, nearly 40 pressing issue as well. With our united own military spending and focused on percent of pregnancies end in abortion. efforts, the killing of our unborn citi- modernization and how we are going to In New York City, an African-Amer- zens will continue to diminish. have to do the same. ican child is more likely to be aborted Our work is fruitful. In every legisla- When I talk about competitors, I am than born. As one Nation under God, tive session we see more and more laws talking about China and Russia. I we, as a country, should know better. passed at the State level to protect un- think this President did a good job of We must know better, and I believe we born life. From 2008 to 2014, the abor- outlining our national defense system do know better. No government should tion rate in the United States dropped and putting it into different categories, limit the lives of its youngest and most by 25 percent. Each year, we are mak- because when you talk about China and innocent citizens. ing great strides and giving a voice to Russia—not many people are aware of As a Senator, I give you my promise the voiceless. this—China and Russia have increased to fight for life, and I ask my col- This fight is not a political fight but all during the years that we have de- leagues to join me. This is my promise a fight for humanity itself. It is a war creased. They have actually caught up, to the people of North Dakota who against all of us and against all of our and, in some cases, have actually have chosen me as their Senator and children, no matter our ideologies. We passed us. my promise to my fellow citizens, espe- have to learn to prioritize the issues in Our men and women in uniform are cially those who have never had the our own parties and work across the outstanding representations of what is chance to speak with their voices. aisle. We have to look at each other right in America. Their drive and de- Within my first few weeks here, I with open minds and open hearts to termination is the reason the United have signed onto several pro-life prior- solve this crisis that has plagued our States of America has the honor of country. We must do better at reaching ities. I have signed a letter asking being the leader of the free world. That out and uniting with one another in de- President Trump to veto any legisla- honor, however, is the product of hard fense of one of the most fundamental tion that undermines the right to life. work, not birthright. We earned it. Additionally, I cosponsored the Protect rights—the right to life. But over the last 10 years, our mili- The truth is this: We must uphold Funding for Women’s Healthcare Act, a tary supremacy has slowly degraded. this right because ‘‘we hold these bill that would end Federal funding for General Dunford, the Chairman of the Truths to be self-evident, that all Men Planned Parenthood and shift that Joint Chiefs of Staff, has acknowledged are created equal, that they are en- money to women’s health services. dowed’’—at the time of creation—‘‘by that our qualitative and quantitative In North Dakota, we don’t have any their Creator with certain unalienable advantage has eroded. Toward the end Planned Parenthood clinics, but we Rights, that among these are Life, Lib- of the Obama administration, with have 16 community health centers and erty, and the pursuit of Happiness.’’ many of our systems, like our brigade over 20 federally qualified health cen- Without the first—that is the right to combat teams, only 35 percent of them ters. Shifting this money toward these life—we can have neither liberty nor could be deployed because of what hap- health centers would help the women the pursuit of happiness. We have been pened to the defense budget and our in my State to receive better and more denying the first for far too long. So maintenance capabilities. accessible healthcare. Let me say that let’s join together now to give the fu- The same thing happened to our again. Shifting funding away from the ture of our country, our next genera- Army aviation brigades. The same abortion clinics and toward these com- tions, the right to life. thing happened to our F18s. It is the munity health centers would provide With that, I yield the floor. Marines that fly the F18s, and we only more funds to the health centers that The PRESIDING OFFICER. The Sen- had 30 percent of those that could be care for women across the State of ator from North Dakota. deployed toward the end of the Obama North Dakota. Mr. HOEVEN. Madam President, I administration. Additionally, I have cosponsored the would like to commend my fellow Sen- This is something that people are not No Taxpayer Funding for Abortion and ator from North Dakota on his heart- aware of. This is very significant. We Abortion Insurance Full Disclosure Act felt comments today and express my need to pay attention to this, if there and the Title X Prohibition Act, two support and agreement with him and is ever any question. Constant dollar bills to protect the taxpayer from fund- with those comments. defense spending dropped $200 billion ing the abortion industry. He mentioned a number of pieces of from 2010 to 2015. That was in the last I have cosponsored the Born-Alive legislation that he is cosponsoring. I 5 years of the Obama administration. Abortion Survivors Protection Act, am pleased to see that. I, again, have In 2010, the budget was $794 billion, which would guarantee that a child signed onto legislation to support life and then 5 years later, it dropped down who survives an abortion will receive in this Congress, as I have in previous to $586 billion. That is unprecedented. the same medical care as a premature Congresses. Even after the Korean war, it didn’t child of the same age, and the Child We will have the March for Life at drop that much, but, nonetheless, it Interstate Abortion Notification Act, the end of this week. I look forward to did. It has never happened before, and which protects the rights of parents to that. Last year, my wife and her sister we have to make up for it. be notified if their child is going to actually walked in the March for Life. That is exactly what we are doing. have an abortion. I have always made a practice of greet- Our fiscal year 2018 budget brought it Finally, I have cosponsored the Pain- ing our participants in the March for back up to $700 billion. Our 2019 budget Capable Unborn Child Protection Act, Life from North Dakota, and I cer- brought it back up to $716 billion, and which would ban abortion after 20 tainly look forward to seeing them we anticipate—and it has been men- weeks. again here this year. tioned several times—that in our 2020 My fellow Senators, I stand here be- With that, I thank you for this time budget it is going to be around $750 bil- cause of the citizens of North Dakota to make these comments, and, again, lion.

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.016 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S197 We have a slide here that puts it in a smaller and less capable in the same I can remember not long ago being in little different perspective. As you can decade. Specifically, in terms of long- the South China Sea and watching see from the slide, at the end of the range fires—defined as tubed artillery China actually building islands. It is Cold War, we had about the same num- and tactical missiles—you can see the not legal, but they do it anyway. If you ber of fighter aircraft as our adver- same trend. This is our artillery sys- look at what is on these seven islands saries at that time—that was Russia tem. There are three different types of out there, it is as if they are preparing and China. It is very clear on this. The artillery, but you can see now that as for World War III. Our allies in the orange is the third generation fighters, time has gone by, we have actually South China Sea are very much con- and the blue is the fourth generation fallen behind. If you look at us over cerned about this as to whose side they fighters. It shows that now we are get- here, in 2018, our total is 2,886, as op- are going to be on if this happens. ting into the fifth generation. Actu- posed to 22,000 for the Russians and We don’t want to shortchange our na- ally, at that time, we were way ahead 10,000 for the Chinese. The numbers are of them. This is a thing of the past there, and we know that is happening, tional security. We fully implement now. and we know it is taking place as we the national defense strategy, as found While we had the same amount, we speak. in this book, in a timely manner by were still superior because our aircraft In the last 25 years, we have kind of avoiding continuing resolutions and were the newest and the most capable rested on that advantage that things eliminating the threat of sequestra- in the world. Our fighter aircraft—in were better than they had. While our tion. fact, most of our military equipment— adversaries have also reduced the A continuing resolution is something was better, more modern, and more ef- amount of long-range fires over the where, if we don’t get along in this fective than the Russians or the Chi- same period of time, they have signifi- body, we don’t pass our appropriations nese had. Now that has changed. Dur- cantly modernized their force. We are bills as we are supposed to pass, then ing this most recent period of time, we now in a situation where both of these went through about 10 years of not in- we end up passing a continuing resolu- countries—that is, Russia and China— tion that continues what we have done creasing the quality, and the numbers not only have more artillery than us, stayed the same. So we got to the point in the previous year. We can’t continue but theirs is better than ours. to do that. where many of the things the Chinese GEN Mark Milley, the Army Chief of and Russians had were better than Staff said: ‘‘In terms of artillery, the The already widening gap with Rus- what we had. Army is outgunned and outranged by sia and China will only grow faster if As demonstrated on the chart, our our adversaries.’’ Unfortunately, peo- we don’t change our behavior. That is fighter force was reduced nearly 50 per- ple don’t know this, and people are exactly what we plan to do. We need to cent in total numbers over the last 25 going to have to know this to know fix this if we are going to do it. years, and we failed to modernize. Sec- what happened to us in the last decade. I yield the floor. retary of the Air Force Heather Wilson, One can look at the devastating re- said our Air Force is too small to do sults from Russia’s action against the I suggest the absence of a quorum. what the Nation asks. Not only is it Ukrainian army. We all remember that The PRESIDING OFFICER (Mrs. too small, but the average age of our in 2014 they made it possible through BLACKBURN). The clerk will call the aircraft is now 28 years old. How many the modernization of their artillery roll. of us in here drive a car that is 28 years systems. The results were there. They old? The senior assistant legislative clerk In 1990, we brought over 500 aircraft a were. They inflicted damage. proceeded to call the roll. Recognizing the problem is normally year—1990, 500 aircraft a year—but re- the first step in developing an accept- Mr. CRAPO. Madam President, I ask cently, that number has been reduced able solution. The fiscal year 2018 and unanimous consent that the order for to 50 a year. the quorum call be rescinded. When I go out and talk to people who fiscal year 2019 budgets got us back in are in my State of Oklahoma and any- the right direction, but in fiscal year The PRESIDING OFFICER. Without where around the country, there is the 2018 we have gone up to $700 billion for objection, it is so ordered. a defense budget and in fiscal year 2019 assumption that somehow we have the UNANIMOUS CONSENT AGREEMENT—S.J. RES. 2 very best of everything. That used to to $716 billion. So we are on the road to be the case. That became the case after recovery. We recognize, the people in Mr. CRAPO. Madam President, I ask World War II, but then during the last this body know, what has happened to unanimous consent that the following 10 years is when things dropped down. our abilities and our superiority in Senators be recognized to speak for up We are going to have to do better be- these areas that is no longer there. to 7 minutes each: Senator ISAKSON, cause, at this rate, it would take us This is kind of interesting. We had a Senator MENENDEZ, and Senator over 40 years to modernize a fleet that hearing on this the other day. Of all CRAPO; and finally, following the use or is already too old and too small. Mean- the presentations I have heard, the as- yielding back of that time, Senator while, our adversaries have trans- sessment and recommendations of the SCHUMER be recognized to make a mo- formed their aircraft fleets with mod- National Defense Strategy Commis- tion to proceed to S.J. Res. 2, and that ernization programs and have in- sion—that is what this book is right following his remarks, Senator MCCON- creased their overall size and capabili- here—was put together a few years ago. NELL be recognized to make a motion ties. In fact, the Chinese and Russian They have actually made these assess- to table the motion to proceed fol- air forces have recapitalized and are ments and come to the conclusion that lowing his remarks. now, or soon will be, fielding aircraft if we want to do something—what they The PRESIDING OFFICER. Is there with capability matching our own but have come up with in this is a formula objection? at a much faster rate. If they get to the as to what it is going to take right now point where we are in terms of mod- and for the foreseeable future. They Without objection, it is so ordered. ernization, they are already way ahead say all of our defense budgets coming Mr. CRAPO. Madam President, I sug- up are going to have to be an increase of us in terms of numbers. According to gest the absence of a quorum. the Chief of Staff of the Air Force, of somewhere between 3 percent and 5 General Goldfein, if we take no action, percent above inflation. Of course, that The PRESIDING OFFICER. The both the Russian and Chinese forces is exactly what these 3 years will do, so clerk will call the roll. will be bigger and more technologically we are making headway in that re- The assistant bill clerk proceeded to advanced than us. We know this is spect. call the roll. This growth projection is also one true. Mr. CRAPO. Madam President, I ask Artillery is measured in terms of our Secretary of Defense as well as our unanimous consent that the order for rapid fire and range, and that is where Chairman of the Joint Chiefs of Staff the quorum call be rescinded. we are falling behind them. say is going to be necessary for us to The problem is not just the Air get back up even with and competitive The PRESIDING OFFICER. Without Force. The Army, likewise, has gotten with both Russia and China. objection, it is so ordered.

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.017 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S198 CONGRESSIONAL RECORD — SENATE January 15, 2019 DISAPPROVING THE PRESIDENT’S fails in its ability to render fair judg- Nonetheless, the deal before us is se- PROPOSAL TO TAKE AN ACTION ments, erstwhile petitioners for re- riously flawed. First, we must be clear RELATING TO THE APPLICATION moval will simply resort to either the that it is not the American people but, OF CERTAIN SANCTIONS WITH U.S. courts or worse, simply evasion. rather, Oleg Deripaska who would ben- RESPECT TO THE RUSSIAN FED- In the circumstances of this case, efit handsomely from this arrange- ERATION—Motion to Proceed keeping Rusal on the sanctions list ment. After his partial divestment in Mr. CRAPO. Madam President, I rise could lead to a Putin nationalization of En+, which is the holding company for to speak against the resolution to dis- the Russian aluminum industry, which aluminum giant RUSAL, the Treasury approve of the administration’s agree- would not only work to enrich Department would allow Deripaska to ment to delist Rusal, the Russian alu- Deripaska but all but guarantee the use a portion of his shares to pay a minum giant from the SDN list. unfettered Kremlin influence in a glob- very sizable debt to a Russian bank I will vote no today because this was al concern that would also invite a set called VTB. So with the deal, a hard-fought negotiation, resulting in of unintended consequences involving Deripaska’s overall balance sheet sig- one of the strongest agreements ever wider economic and security costs for nificantly improves. This massive ben- associated with a sanctions delisting, our Nation and for our economic allies. efit to Deripaska alone is enough to which supports longstanding U.S. sanc- So today I am voting against Senator question the merits of this deal. tions policy and foreign policy toward SCHUMER’s resolution to disapprove of Moreover, VTB, the Russian bank, is Russia. the administration’s agreement to already on a U.S. sectoral sanctions This agreement does nothing to delist Rusal, the Russian aluminum list, related to the 2014 Russian inva- change the sealed fate of Deripaska, giant, from the SDN list because Treas- sion of Crimea and Eastern Ukraine. the direct target of the sanctions. He ury spent the last 8 months getting it By allowing VTB, the Russian bank, to remains sanctioned. His current assets right and winning a hard-fought dives- participate in this agreement, the remain blocked. The primary and sec- titure agreement. It is among the most Treasury Department is undermining ondary sanctions imposed against him robust and verifiable delisting deter- our overall sanctions regime. In effect, dash any hope of future deals or in- minations ever devised by Treasury, the administration is signaling to come, either by operation of his dives- worthy of Senate approval and not a every entity and individual that has titure obligations or future dividends gift to the Kremlin. had U.S. sanctions imposed in response based on his remaining shareholder in- Thank you. to Russia’s aggression against Ukraine terests in Rusal. His ability to transfer I suggest the absence of a quorum. that they can continue to undermine a his shares, use his shares as collateral, The PRESIDING OFFICER. The sovereign nation without consequence. or even receive cash from dividends are clerk will call the roll. Finally, this deal allows Deripaska to all effectively frozen. The legislative clerk proceeded to maintain a 44.9-percent ownership of The sanctions that put Deripaska on call the roll. En+. While this falls below the Treas- the SDN list and froze his investments Mr. MENENDEZ. Madam President, I ury Department’s automatic 50 percent in Rusal and En+ and ESE, and make ask unanimous consent that the order threshold for ownership, it is still too him personally radioactive to future for the quorum call be rescinded. high. Yes, perhaps Deripaska has given transactions with just about anyone, The PRESIDING OFFICER. Without up control in a legal sense, a technical forced these companies to disentangle objection, it is so ordered. sense, but make no mistake—he will be themselves from Deripaska’s control Mr. MENENDEZ. Madam President, I the largest shareholder in En+. He will and influence or to face financial dev- come to the floor today in support of have the ability to appoint one-third of astation. S.J. Res. 2, expressing disapproval of its board members, and he will con- In fact, the Treasury agreement ap- the Trump administration’s desire to tinue to leverage his network of cro- propriately reflects how U.S. sanctions remove sanctions from companies nies to influence the conduct of this policy uses smart sanctions to change owned by Oleg Deripaska. In accord- company. He also has family members the behavior of those sanctioned to ance with specific provisions in a law I who independently will have shares. At build pressure behind the ultimate helped write, Countering America’s Ad- the end of the day, he will direct this goals of U.S. policy toward Putin’s versaries through Sanctions Act, the company’s future. I find that unaccept- Russia. Senate has until Thursday to block able. We should all find it unaccept- The agreement itself is more akin to this delisting; hence the urgency of able. a deferred prosecution agreement, in this vote. If we wait, then under the No one can deny that we debate this that a failure in its terms can result in law, we lose this important oppor- resolution in an increasingly dire con- an immediate relisting to the SDN list, tunity. text. On top of the indictments and while it ensures that En+, Rusal, and Mr. Deripaska is a notorious Kremlin pleas piling up in relation to the ESE undertake significant restruc- crony who may have played a role in Trump campaign’s interactions with turing and corporate governance the Russian Government’s attacks dur- Russian officials or efforts to cover up changes to reverse the circumstances ing the 2016 Presidential election cycle. those interactions, court filings re- that led to their designation in the At this point, we simply do not know cently revealed that former Trump first place. These actions include re- enough about his potential involve- campaign chairman Paul Manafort ducing Deripaska’s direct and indirect ment in the cyber attacks and malign shared polling data with Konstantin shareholding stakes; overhauling the influence campaigns carried out by the Kilimnik during the 2016 Presidential composition of the relevant boards of Kremlin on the American people, and election cycle. directors that control the companies’ we will not find out until we see the For years, we have known that Mr. operations and strategic direction; re- full report of Robert Mueller’s com- Kilimnik has served as a key go-be- stricting the steps that can be taken pleted investigation. Until then, I am tween for Manafort and Oleg relating to their governance; and not comfortable with any measure that Deripaska. He, too, has suspected ties agreeing to broad and unprecedented diminishes sanctions pressure on a to Russian intelligence. transparency that requires ongoing au- powerful Russian oligarch with deep These latest revelations remind us diting, certification, and reporting re- ties to Vladimir Putin, including this again that we have more questions quirements. recent deal agreed to by the Treasury than answers about the relationships Part of keeping a smart sanctions Department. between the President’s associates and program smart is to ensure that the I am a strong believer in the power of the Kremlin. world understands the U.S. sanctions sanctions to incentivize behavioral If that news was not disturbing architecture is fair and respects Amer- change in support of our foreign policy enough, this past weekend, the New ica’s extraterritorial sanctions reach, priorities. I also deeply respect the York Times reported that the FBI and providing an off-ramp from the skill, expertise, and dedication of the opened a counterintelligence investiga- SDN list for those listed who can prove career officials at the Treasury Depart- tion into the President, in part after he deserving is not only good sanctions ment who administer many of our fired the FBI Director because of ‘‘this policy but the law because if Treasury sanctions against Russia. Russia thing.’’ Let that sink in. Senior

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.019 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S199 officials at the FBI—Americans deeply member of the committee—for doing I appreciate what the distinguished committed to the hierarchy of law en- so. I appreciate his courtesy. ranking member of the Foreign Rela- forcement—saw enough evidence to As I said, we don’t know, and we have tions Committee just said, but quite suspect that Donald Trump, the sitting a right to find out. Our own FBI was frankly, last week he was talking President of the United States, could worried he might actually be a foreign about how important it was for us to be an agent of the Russian Govern- agent. stay on the shutdown and not do any- ment. That is stunning. It is absolutely Presidents certainly have a right to thing else. Now the leader on the mi- stunning. confidential conversations with world nority side says it is important for us Likewise, over the weekend, the leaders. Never before in our history to get this Russian gentleman or oli- press reported that President Trump have we had a President under inves- garch—whatever that is—whom we are went to extraordinary lengths to con- tigation by the FBI for being a foreign already punishing, and then we will go ceal the contents of his conversations agent—an agent of the Russian Federa- back to the shutdown. with Vladimir Putin in Helsinki and tion. With that in mind, I think we My point is this: There is only one elsewhere, even going as far as tearing have the right, the responsibility, and thing we need to be doing—restoring up the notes of his interpreter. His own the obligation to ensure that we know the confidence of the American people staff reportedly sought to learn the what happened in all of these conversa- in the Senate and the House. They contents of the conversation, only to tions between President Trump and don’t have it right now. We haven’t be told that the interpreter could not Putin and to understand the full extent given them anything to hang their hat share the details because the President of this relationship. on—not a single thing. told him not to. I sent a letter to the President today, We have been shut down for 23, 24 As the ranking member of the Senate with the ranking members of the days. I am not a Johnny-come-lately— Foreign Relations Committee, I raised Armed Services and Intelligence Com- pardon the reference—to the issue of serious questions about what happened mittees, demanding the preservation of shutdowns. I have been in the Senate in Helsinki. I think the whole Nation all records associated with these meet- and House for 20 years. I voted against was stunned by seeing the President’s ings and the opportunity to interview five shutdowns—every one I had a performance there. We wanted to bring the interpreters. This is a matter of chance to. Shutdowns cost the govern- the interpreter forward or to get access U.S. national security. ment more money; they don’t save the to those notes, and now we know those This Trump-Russia connection gets government any money. They don’t notes were destroyed. more confounding by the day. We have solve any single problem whatsoever, Throughout this Presidency, my col- to protect the integrity of all oversight even when you mask them by only leagues and I have demanded account- efforts, including the objective, sober shutting down a little bit of the gov- ability from this administration. I investigation still being conducted by ernment, like we are right now. Not have been dismayed at the lack of clar- Robert Mueller. We must take all much of the government is really shut ity and transparency from the Presi- measures necessary to protect this in- down—just the part that hurts the dent when it comes to his dealings with vestigation, including a rock-solid smallest income earners from our gov- foreign leaders, particularly Vladimir commitment by the President’s nomi- ernment. We are doing the wrong Putin. nee for Attorney General to not inter- thing, punishing the wrong people, and I should note that President Trump fere in any way with Mr. Mueller’s that is just not right. has had numerous conversations with All the speeches you are going to work. The American people deserve to President Xi of China, Kim Jong Un of hear today, including mine, don’t mat- know who they elected to be their North Korea, and leaders and other ter at all unless we, first of all, get on President and what is going on in this heads of state across the world. We are the shutdown, correct the problem, and regard. not aware of the same standard of se- find a way to bridge the gap. The Presi- Again, it is time to move to legisla- crecy being applied to those exchanges. dent is not moving. The Democrats tion on DASKA, which Senator GRA- The President seems to only keep se- aren’t moving. The majority leader is HAM and I have introduced, along with cret his conversations with Putin. And not moving. We are not doing much. others. We hope to reintroduce it that begs the question, why? Perhaps That doesn’t solve anything. Some- again. because Trump and his 2016 campaign where along the line, we have to agree I think if this body is serious about staff have repeatedly lied about the ex- to find a way to do something different protecting our institutions, our democ- tent of their interactions with Rus- that may not be the end deal but the racy, and about standing up to an in- sians. Perhaps because the Trump- bridge to do an end deal, or else we are creasingly emboldened Kremlin, if we Putin discussions extended to Russian all going to look silly. financing for the Trump Organization’s are serious about our oaths to support The truth is, everybody in this nego- real estate deals throughout the 1990s and defend the Constitution, then, No. tiation right now is sitting in their of- and 2000s or the Moscow tower project 1, we will agree to move forward on fice or sitting and talking to some peo- we now know the Trump Organization this RUSAL question and move for- ple, having a beer or doing whatever, was still pursuing well into 2017—not ward to find out the rest of the infor- and saying: How are we going to stick advocating on behalf of the American mation. them—meaning the other party—and people. Perhaps because the President I appreciate the distinguished gen- get this shutdown over before our peo- inappropriately shared classified infor- tleman yielding time. ple drive us crazy? mation with Putin, much like he did The PRESIDING OFFICER. The Sen- We are caught in our own trap. when Foreign Minister Lavrov met him ator from Georgia. Things like what we are debating this for a meeting in the Oval Office. We Mr. ISAKSON. Madam President, I afternoon just emanate that. just don’t know, and we have a right to wasn’t going to come over here today— This oligarch, who has a huge invest- find out. I just got off an airplane a little while ment in the largest aluminum com- I ask that my entire comments be ago—but I am here because of what I pany in Russia, is being divested of his printed in the RECORD, ending by ask- have been hearing. interest down from 75 percent, I think, ing my colleagues to vote in favor of What I have been hearing is that we to 45 percent. moving forward so that this can come need to be talking about the shutdown My home country of Sweden—one of to light. and not other subjects. When I met the largest consumers of their product I yield the floor. with the TSA agents on my plane fly- of aluminum and one of the biggest Mr. ISAKSON. If the gentleman ing up here, they said: Why don’t you sellers of aluminum to the United would like to finish his remarks, I get our work back for us? States of America—has called me and would be glad to yield for a few min- We are not even talking about TSA. said: You all are killing us. utes. We are not even talking about the We have driven him down from 75 to The PRESIDING OFFICER. Without shutdown. We are talking about dif- 45, and we have some more things to objection, it is so ordered. ferent opinions at different times and do. They are losing their vote. I think Mr. MENENDEZ. I thank my distin- different things that don’t really mat- their vote is now down to about 25 per- guished colleague from Georgia—a ter in the scheme of things. cent of the board. They have restricted

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.020 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S200 CONGRESSIONAL RECORD — SENATE January 15, 2019 him every way they can. I am a busi- that Delta plane today, as I came up Mr. SCHUMER. Madam President, I nessman; I know how you restrict peo- here, and I couldn’t do it. When I lis- thank my colleague. ple and tie them down. This deal does tened to the answers I was giving these There is just one difference between that. It doesn’t give them anything people—good, old American citizens— what happened then and what is hap- they don’t want—it gives them a lot of as to why we can’t get the government pening now: Neither side was shutting what they don’t want to have. open, I thought, if I were they, I would down the government until it got its So I just want to appeal to everybody not vote for me either. way. listening to this, all of my colleagues— So let’s get to work. Let’s stop blam- I will make my statement, I guess, I love all of you. We all play political ing everybody else. Let’s put the blame and wait for Leader MCCONNELL and jokes. We can talk about how the where it belongs—on all of our shoul- the motion to proceed. Democrats did this and the Repub- ders collectively. Let’s do what we S.J. RES. 2 licans did that. But the fact is, we are elected officials were elected to do, and Madam President, before we take a not doing a damn thing while the let’s make a deal. vote on the motion to proceed on this American people are suffering. The I yield the floor. resolution, I will make two brief TSA agents I talked to in Atlanta I suggest the absence of a quorum. points, and I know my colleagues have today were doing it out of the goodness The PRESIDING OFFICER. The discussed this very well. of their hearts. A lot of the guys and clerk will call the roll. First, my friends the Republican ladies are not showing up for work, and The bill clerk proceeded to call the leader and former Republican whip there are going to be more of them. roll. Senator CORNYN are being incredibly We have the Superbowl coming to At- Mr. SCHUMER. Madam President, I disingenuous to suggest this is a polit- lanta, GA, in about 3 weeks—the big- ask unanimous consent that the order ical stunt and to accuse Democrats of gest tourism event in the world this for the quorum call be rescinded. forcing this vote out of the blue. The year. What if the largest airport in the The PRESIDING OFFICER. Without timing of this vote was not determined world that is going to bring all the peo- objection, it is so ordered. by me or by Leader MCCONNELL. It was ple to the largest football game in the Mr. SCHUMER. Madam President, I determined by the wall. The law says world goes out of business because of am not going to talk about the sub- that we only have 30 days to disapprove the TSA strike? You will have just cost stance of what we are here for. of sanctions relief on Russia. This was millions of dollars for the United To my dear friend, JOHNNY, whom I filed right before Christmas. States of America, for my home city— love and who serves the best barbecue I would suggest the administration the city of Atlanta—and others. There I ever have every year, among his and the Treasury hope to get away with it because they know how unpopu- are thousands of examples just like many other attributes, I will just make lar it would be to remove sanctions on this. this point. I have had three people from my He says it is not a Democratic shut- Deripaska or on the companies he con- State call me. A convention is coming down or a Republican shutdown. It is a trols. They knew how unpopular it up in one of our cities, and this shut- Trump shutdown. We all know it. Don- would be, so they snuck it in right be- down is going to hurt the ability to ald Trump has called for the shutting fore Christmas, right before we left. We have only 30 days, and those 30 days ex- bring that here. We are going to lose down of the government 25 times. He pire on Thursday. If we wait, those 30 the revenue we would normally get said at our meeting he is proud to shut days will expire—they will be gone— from that. So we need to think about down the government. and we will have no opportunity. So what we are doing. We are not winning We Democrats do not want to shut this is no accident. any points with anything. down the government. In fact, our slo- If Leader MCCONNELL and Senator A lady who was waiting with me to gan—our watchword—is ‘‘open up the CORNYN want to know why this vote is get on the plane just laughed when I government.’’ We have a difference on today, they should talk to the White gave my answer to the TSA agent. I border security. We are for it. You are House, because it is the one that filed for it. You are for something different turned to her and almost asked: Why this on December 21. are you laughing? I said: You know, I than we are, but we are not shutting Second, there are serious, sub- understand why you are laughing be- down the government, and everyone stantive reasons to oppose the Treas- cause I can’t explain it either. knows it. The public opinion polls ury plan. It fails to sufficiently limit We need to understand what we are know it. There are 40 percent of all Re- Mr. Deripaska’s stake in these three doing and why we are doing it. What we publicans, let alone Democrats and Russian companies. It gives Vladimir are doing doesn’t make any sense. Independents, who are for the wall, and Putin exactly what he wants—sanc- What does make sense is resolving to most of those people say the govern- tions relief on three major producers of go out and solve the problem. Senator ment shouldn’t be shut down over the aluminum and other metals. That is SCHUMER, Senator MCCONNELL, Senator wall. wrong for the country. Putin’s Russia CRAPO, and I—and all of us—should get I know how aggravated my colleague continues to run rampant over inter- together in a room and give the press is. I would suggest to him that the best national norms, to meddle in demo- something to really write about—of solution is to vote for what he voted cratic elections, and to destabilize the our having a meeting of 100 people who for—or the whole Republican Party did world. Russia has violated the sov- caused the problem and saying: Let’s by unanimous consent—which is to ereignty of Ukraine, has interfered in find a way to solve the problem or to at open up the government. Then we can our elections and the Brexit vote, has least agree to get us back to business, discuss our border security issues. propped up the brutal Assad regime, to at least agree to not affect the low- I yield to my dear friend. and has been implicated in nerve agent est income people on our payroll, be- Mr. ISAKSON. Madam President, I attacks on the soil of our closest ally. cause the higher income people aren’t will follow up on the Senator’s points. Yet the Trump administration pro- suffering. Let’s get the work done. We need to do what we did last year poses reducing sanctions on Putin and Let’s get it worked out. Let’s not call when Republicans and Democrats his cronies. it a Republican shutdown or a Demo- stayed up here for 2 weeks while the Show me the behavior from Vladimir cratic shutdown. It is an American government was shut down. We worked Putin that warrants such relief. I can’t shutdown. out an immigration agreement, and we think of any, and I will bet 90 percent I see that Senator SCHUMER is com- got the DACA situation fixed. The of all Americans can’t think of any. ing. I don’t usually get this riled up, President came out for a large number Let me be clear. A vote against this CHUCK. I apologize because I am riled of DACA improvements. We almost got resolution—a vote to not allow us to up a little bit. there. We fell short, I think, by six proceed—is a vote to go easy on Presi- It is just silly. I used to be able to ex- votes. The leader and I were on the dent Putin and his oligarchs. plain anything. I was a pretty good same side, and a lot of us in here, from I understand my friend the leader, real estate salesman for a long time. I both parties, were on the same side. the Republican leader, will move to could close a deal. I can’t close this Those are the types of answers we table the motion to proceed to the res- one. I had to three or four times on need. We need to push to get that done. olution. I remind my colleagues that

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.022 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S201 the timeline runs out on Thursday—48 I look forward to seeing whether the [Rollcall Vote No. 4 Leg.] hours from now. We have to take this Democrats will support efforts to mod- YEAS—42 vote now. I strongly urge my col- ernize our aging nuclear triad as the Alexander Fischer Portman leagues to vote no on the motion to Russians have done. Barrasso Graham Risch table and yes on the motion to proceed. I look forward to the Congress’s re- Blackburn Grassley Roberts Blunt Hoeven Romney MOTION TO PROCEED viewing its existing sanctions policies Braun Hyde-Smith Rounds Madam President, I move to proceed to see how we can impose additional Burr Inhofe Scott (FL) to Calendar No. 13, S.J. Res. 2. costs on Putin and his cronies who en- Capito Isakson Scott (SC) The PRESIDING OFFICER. The able his malign activities. Cassidy Johnson Shelby Cornyn Lankford Sullivan clerk will report the motion. I look forward to the Congress’s en- Cramer Lee Thune The bill clerk read as follows: suring that our sanctions efforts re- Crapo McConnell Tillis Motion to proceed to the consideration of main multilateral and maximize sup- Cruz Murkowski Toomey S.J. Res. 2, a joint resolution disapproving port from our European allies, whose Enzi Paul Wicker Ernst Perdue Young the President’s proposal to take an action participation is essential to imposing relating to the application of certain sanc- meaningful costs on the Kremlin. NAYS—57 tions with respect to the Russian Federa- But, in this narrow case, career civil Baldwin Harris Peters tion. servants at the Treasury Department Bennet Hassan Reed Blumenthal Hawley Rosen Mr. SCHUMER. I ask for the yeas simply applied and implemented the and nays. Booker Heinrich Rubio law Congress itself wrote and which Boozman Hirono Sanders The PRESIDING OFFICER. Is there a the Democratic leader supported. Brown Jones Sasse sufficient second? Treasury’s agreement maintains sanc- Cantwell Kaine Schatz There appears to be a sufficient sec- Cardin Kennedy Schumer ond. tions on corrupt Russian oligarch Carper King Shaheen The yeas and nays are ordered. Deripaska. It would continue limiting Casey Klobuchar Sinema his influence over companies subject to Collins Leahy Smith The majority leader. Coons Manchin Stabenow Mr. MCCONNELL. Madam President, the agreement. Cortez Masto Markey Tester I believe the Senate’s voice should, in- In addition to subjecting the compa- Cotton McSally Udall deed, be heard on national security pol- nies and their officers to the unprece- Daines Menendez Van Hollen dented transparency and monitoring Duckworth Merkley Warner icy. This is why I have moved to have Durbin Moran Warren the Senate’s first legislative business requirements, the agreement preserves Feinstein Murphy Whitehouse this Congress be a bipartisan package Treasury’s ability to snapback sanc- Gardner Murray Wyden of foreign policy bills. I made it our tions on the companies and their offi- NOT VOTING—1 cers. If there is any evidence of further first priority to move legislation that Gillibrand would have helped defend Israel and malfeasance, I expect Treasury to use Jordan and provide justice for the Syr- that authority to the fullest. The motion was rejected. ians who have been tortured and mur- In the meantime, the Democratic VOTE ON MOTION TO PROCEED dered by the Assad regime, but the leader’s political stunt should be re- The PRESIDING OFFICER. The Democrats have repeatedly blocked jected. I move to table this effort to question is on agreeing to the motion that important legislation. overturn the hard and painstaking to proceed. The Democratic leader said the Sen- work of the career officials at Treas- The yeas and nays were previously ate shouldn’t do any business during ury, but I look forward to continuing ordered. this partial government shutdown, but, our efforts to hold Putin and his cro- The clerk will call the roll. apparently, he didn’t actually mean it nies accountable in a thoughtful, far The senior assistant legislative clerk because now the Democratic leader less politicized manner. called the roll. would like to dictate the terms of a de- VOTE ON MOTION TO TABLE THE MOTION TO Mr. DURBIN. I announce that the bate on Russia. PROCEED Senator from New York (Mrs. GILLI- We Republicans are hardly strangers I move to table the motion to pro- BRAND) is necessarily absent. to the need for strong policies con- ceed to S.J. Res. 2, and I ask for the The PRESIDING OFFICER. Are there cerning Russia. We have long seen yeas and nays. any other Senators in the Chamber de- Vladimir Putin for the KGB thug that The PRESIDING OFFICER. Is there a siring to vote? he is. We have long advocated for tough sufficient second? The result was announced—yeas 57, measures against him and the There appears to be a sufficient sec- nays 42, as follows: kleptocrats who surround him. Just ond. [Rollcall Vote No. 5 Leg.] The yeas and nays are ordered. ask the junior Senator from Utah who, YEAS—57 only 6 years ago, was mocked by the Mr. SCHUMER. Madam President, I ask unanimous consent to speak for 15 Baldwin Harris Peters other side for advocating tough policies Bennet Hassan Reed against the Kremlin. seconds. Blumenthal Hawley Rosen This Republican administration has The PRESIDING OFFICER. Is there Booker Heinrich Rubio objection? Boozman Hirono Sanders taken far tougher measures against Brown Jones Sasse Russia than the previous administra- Without objection, it is so ordered. The Democratic leader. Cantwell Kaine Schatz tion did. It has designated 272 Russia- Cardin Kennedy Schumer Mr. SCHUMER. Madam President, related individuals and entities for Carper King Shaheen the leader’s rhetoric belies his words. If Casey Klobuchar Sinema sanctions, expelled scores of Russian you believe Putin is a thug, you don’t Collins Leahy Smith intelligence officers, shuttered Russian Coons Manchin Stabenow vote to table this resolution. diplomatic outposts, and equipped Cortez Masto Markey Tester I yield the floor. Cotton McSally Udall Ukraine and Georgia to defend them- The PRESIDING OFFICER. The Daines Menendez Van Hollen selves against Russian aggression. question is on the motion to table. Duckworth Merkley Warner Clearly, there is more work to be done, The yeas and nays were previously Durbin Moran Warren and I look forward to this Congress’s Feinstein Murphy Whitehouse ordered. Gardner Murray Wyden taking additional steps to defend our The clerk will call the roll. interests against the Russian threats The bill clerk called the roll. NAYS—42 and to additionally impose costs on Mr. DURBIN. I announce that the Alexander Crapo Isakson Putin. Senator from New York (Mrs. GILLI- Barrasso Cruz Johnson Blackburn Enzi Lankford Specifically, I look forward to seeing BRAND) is necessarily absent. Blunt Ernst Lee whether the Democrats will join us in The PRESIDING OFFICER (Mr. CAS- Braun Fischer McConnell providing additional funding to rebuild SIDY). Are there any other Senators in Burr Graham Murkowski our military in key areas to deter and the Chamber desiring to vote? Capito Grassley Paul Cassidy Hoeven Perdue defend against Russian investments The result was announced—yeas 42, Cornyn Hyde-Smith Portman and key weapons systems. nays 57, as follows: Cramer Inhofe Risch

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.024 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S202 CONGRESSIONAL RECORD — SENATE January 15, 2019 Roberts Scott (SC) Tillis mined by a few seconds in a delivery As Americans, we spend a lot of time Romney Shelby Toomey Rounds Sullivan Wicker room. If it is still inside the womb, it trying to work on very difficult issues, Scott (FL) Thune Young is not a child; it is just tissue. A few but for some reason, this has become a seconds later, when he is delivered, ev- partisan issue that is exceptionally di- NOT VOTING—1 eryone smiles and looks at the face of visive in this culture. This life and this Gillibrand this baby and says: What a beautiful child shouldn’t be a partisan issue. f child, and what a remarkable miracle This shouldn’t be a Republican child or DISAPPROVING THE PRESIDENT’S that is. a Democratic child. This should just be PROPOSAL TO TAKE AN ACTION How do we do that in America? How a child, and we should be able to pause RELATING TO THE APPLICATION do we decide what is life and what is for a moment and determine what we OF CERTAIN SANCTIONS WITH just tissue? are going to do about her and deter- RESPECT TO THE RUSSIAN FED- Some people would say it is only a mine: Is she valuable? ERATION child if we believe it is a child. If we As a culture, we spend billions of dol- don’t believe it is a child, it is not a lars caring for the homeless because we The PRESIDING OFFICER. The child; it is only tissue. believe that every single life matters clerk will report the joint resolution. Some people say it has incredible and that no life can just be thrown The legislative clerk read as follows: value, and we should prepare for his or away just because one struggles with A joint resolution (S.J. Res. 2) dis- her college, and we should think and life. We spend billions of dollars caring approving the President’s proposal to take pray about his future and his spouse for the oldest and the weakest in our an action relating to the application of cer- and what he is going to do. Some peo- society because they need 24-hour care tain sanctions with respect to the Russian ple would say it is meaningless—just Federation. and because we respect that life and flesh that can literally be put into a the dignity that it carries. We demand The PRESIDING OFFICER. The Sen- bag and taken to the curb. The deter- ator from Oklahoma. equal protection for women and men of mination is really by the mom and the all races, all ages, all sexual orienta- RIGHT TO LIFE dad there. They get to choose whether tions, all faiths. We demand that as a Mr. LANKFORD. Mr. President, it is that is a child or whether that is tis- culture because we believe, as a cul- sue. amazing how much we talk about our ture, that every person should have re- I honestly don’t understand that con- kids. People talk about bipartisan spect and every person should have op- versation because when I look at this things here all the time. There is a bi- portunity because of one’s great poten- partisan conversation often about our child with fingers and toes and hair and unique DNA, there is nothing dif- tial. families and about our kids and how We pat ourselves on the back when ferent about that child right there proud of them we are and about shar- we adopt abused animals, when we than this child. You see, that child ing our lives with each other. stand up against human trafficking whom we saw in the picture before is My two daughters are a remarkable worldwide, when we help clean up the same age as this one, but, this part of my family, of who I am. I can’t ocean trash, or when we plant trees to even process life without thinking time, this is a 3D ultrasound taken in- side the womb, but there is no dif- beautify our communities. Yet we are about the two of them. having a tough time considering that Our kids are some of the most valu- ference between the two. Both of them have faces and fingers and toes and child as a child. able moments of our entire lives and We even require that cigarettes, alco- nervous systems and functioning our greatest memories. When they hol, theme park rides, medicines, and brains and lungs. They have DNA that were little, we looked into their eyes many other products have warning la- is different from their moms and their and saw potential, and we dreamed for bels on them to warn pregnant moms them. From our earliest days of preg- dads—DNA that is unique to those peo- ple. Whether you can see him or not, not to use the product because it could nancy, Cindy and I talked about the fu- harm the child because, as a culture, ture for our girls as we prayed for that heartbeat and that DNA is a child. In America, we still have this ongo- we acknowledge that a mom’s smoking them, thought about them, prepared ing dialogue: When is ‘‘life’’ life? hurts a child. Yet, for some reason, we for them, and it had sunk in what an I heard someone earlier jokingly say can’t seem to acknowledge that a child incredible responsibility they really that if this life were discovered on could be hurt by an abortion and that were. Kids are that way. That is that Mars, we would say Mars had life on it, it really would end a life. earliest moment that we talk about all but we are still discussing whether this It is my guess that anyone who dis- the time. life is a life on Earth. What do we do agrees with this has already tuned me What is remarkable about this photo with that? out because, as a culture, we don’t is thinking about just exactly what Here is what we continue to debate want to think about this life because this moment could be like because, in and continue to have a conversation if, for a moment, we pause and consider this moment, there are really two di- about. On January 22, 1973, the Su- that maybe she is really alive and has rections that it could go in America. preme Court ruled on what is now the purpose and value, we would have to This little one was born several weeks infamous Roe v. Wade decision. It was swallow hard and acknowledge the mil- early. For that little one, life could supposed to have settled the issue lions of little girls just like her who have gone in two different directions. about life. It was supposed to have set- have died in abortions in America— This group of doctors is gathered tled the issue that every single State millions. To fight against having to around this little one, delivering this has to allow abortion and that life, ac- deal with that, we just don’t want to child, and watching him take his very cording to the Supreme Court in 1973, think about it, and we just tune it out. first breath. Only seconds before that, was about viability. When can this Yet, if you are one of the folks who has that same little one we see there with child live on his own outside the actually stuck with me through the this same group of doctors could have womb—viability? dialogue, let me walk through a couple been destroyed—that life in the Viability in 1973 was very different of things just to think about. womb—and it would have been OK. than viability now, thankfully. When Let’s start with a few things—the You see, in America, this moment we think about viability now, there are science. This little girl has DNA that is could go two different directions at any people born at 21 or 22 weeks—ex- different than her mom’s and dad’s. It time. This life could be there, and we tremely early—who would have never has cell division. It has something that could watch the decades ahead of him survived in 1973 but who regularly sur- we would look at in normal embryonic or, seconds before this picture was vive now because of great medical care. development called the Carnegie stages taken, when that child was still in the Viability really doesn’t determine life, of embryonic development. womb, that life could have been de- though. Life is something that begins For years and years, every medical stroyed, and no one would have paid at- much earlier, and for some reason in school teaches the Carnegie stages of tention because the determination of our culture, we are still having a con- embryonic development. They look at whether this is a child or whether this versation about what to do with that cell division at the beginning point and is just a little lump of tissue is deter- tissue. acknowledge, as they go through the

VerDate Sep 11 2014 01:41 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.005 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S203 process, that this is a child from the child—fully viable—except the United that has to be aborted because the earliest moments and that it is a stage States, China, North Korea, and Viet- state chooses that. Its greatest value is of life. Every single person who can nam. Now, that is not a club I really the state. hear me right now has gone through want us to be in. Our greatest value is the individual. the Carnegie stages of embryonic de- All of Europe has banned late-term That is why our documents begin with velopment, just like this little one has. abortion—all of it. All of Africa, most things like ‘‘we the people,’’ because Every person has because we under- of Asia, and all of Central and South the individual has value. We look at stand that it is a natural part of life, America have looked at this, and as the senior adults who are in the nurs- that it is a stage of life, that it is an separate cultures, they have said no to ing homes and provide care for them. acknowledgment of life. a late-term abortion—that he is a fully We look at the homeless person, the It is something that we acknowledge viable child. child who is in need of food, and that in the animal world because this Con- Interestingly enough, there was a little girl who is still in the womb, and gress has passed laws to deal with en- survey that just came out today—a na- we say they all have value because the dangered species, including a $100,000 tionwide survey—that asked Ameri- individual has importance. fine if you damage a golden eagle’s egg, cans’ opinions on this issue about life. I had someone who caught me and a bald eagle’s egg, if you go to marine There were 75 percent of Americans said: You know, your faith has this turtles’ nesting spots to destroy or to who said there should not be abortion whole verse in the Bible that says: ‘‘I even disturb the nests of marine tur- after 12 weeks of pregnancy—that is 3 was knit together in my mother’s tles. In Oklahoma, we deal with barn months—except to protect the life of womb.’’ So this is a religious issue. swallows that will build their nests in the mom. This was 75 percent of Ameri- You have a belief that each child was the springtime in construction areas. cans. They are with this part of the knit together by God in their mother’s All construction has to stop if a barn world. This part of the world all says womb. swallow builds a nest in a construction that same thing. That is most of Eu- Then they paused and said: That is area, because those eggs are important, rope, and most of that area says OK to fine for you to have that belief, but I not so much because of the barn swal- 12 weeks, but that after 12 weeks, you have the belief that they were knit to- gether, but it is when they are not low but because there is a common un- have to stop because the child has a done. They are not fully knit together. derstanding in this Congress that those functioning nervous system and brain They are not really a shirt. They are eagle eggs, turtle eggs, and barn swal- and is developing in all of those areas. only a sleeve, and if they are still in low eggs are future barn swallows, tur- Even if you don’t acknowledge where development, then, they are not fully tles, and eagles. We acknowledge that I am, where I believe that life begins— developed. They are not really a child it is a life that is in process. So we pro- at conception—why can’t you at least acknowledge that at 12 weeks, which is yet. tect it, but we can’t seem to make the I smile at that and say: Actually, al- where most of the rest of the world is, simple, logical step that that eagle egg though this child was born premature, he is a child that should be protected? becomes an eagle and she is a little you are right. She is not fully devel- At what point do we, as Americans, girl. oped. It is not just a sleeve. It is just a slow down enough to look at what we The science screams at us in this smaller shirt, but she will get there be- don’t want to look at and at what the area, but for many people, they just cause everything about your life’s de- rest of the world has done, except for don’t want to think about it because, velopment—your hair color, your Vietnam, North Korea, and China? Why at this stage, she is in the womb. She height, your health—is all bound up in do we want to be in that group when we is invisible. She hasn’t reached the those first cells as they start dividing deal with the issue of life? Those are stage at which you can see her. For in your own unique DNA. many people, they say: She is only some of the worst human rights viola- This is not about a religious convic- alive when I can see her. If I can’t see tors in the world. Why are we in that tion. This is about a child and who we her, she is not real. club? are as a culture. The problem is that the science Folks have recently said to me: You Let me say this: I understand there is doesn’t prove that out. know, I understand this is a legislative a lot of conversation about this. As I The second issue that we have to deal issue, but it is really a faith issue. This mentioned before, this has become a with is where we are as a culture and is really about your faith, and your partisan, divisive issue. This is not try- where we are as a country compared to faith should not legislate who I am. ing to be a Republican or Democrat. I other countries on this simple issue I would only tell you that a culture have met Republicans and Democrats about looking at this little one and makes decisions, including our culture, who both can look at this picture and asking: Is that a child or is that just not just about its faith but about its say that is a child, not tissue. tissue? Where is the rest of the world values as a culture. This shouldn’t be a divisive or polit- on this? Stealing is also a religious issue. It is ical issue, neither should this be an at- It is interesting to note that the rest in the Ten Commandments. So maybe, tacking and condemning issue of the of the world is in a very different spot as a culture, we shouldn’t ban stealing moms and dads who have walked than is the United States on this. This because the Ten Commandments say through abortion. Quite frankly, I have is a simple map of the world. Most of you shouldn’t steal. No one would real- great compassion for them. For those the world—and you will see it in gray ly say that because, as a culture, we all moms who have had an abortion, that here—says that abortion should stop at look at it and say that theft is a prob- memory never goes away for them. 12 weeks. That is 3 months. After 3 lem, that you shouldn’t be able to do Years later, they sit in the food court months, you can’t have an abortion that. at the mall and watch a small child anymore. A culture makes its decisions based playing nearby and think: That is how There are seven countries in the on its own personal values. So it is not old my child would be right now if they world that will allow abortion all the just a religious issue, but our faith were still alive. I have not met a mom, way up to 24 weeks. They are the coun- does impact our personal lives and de- ever, who wasn’t affected by abortion tries that are here in black—Canada, cisions. It does affect who we are. and the memories that come back to the United States, China, North Korea, In China, where most faith is banned, them on that. Vietnam, Singapore, and the Nether- they allow abortion at any stage. In This is not a flippant issue for any lands. They allow abortions up to 24 fact, in China the state is the most im- person who goes through an abortion. I weeks. portant thing. Everything is about grieve for those folks and the struggle At 24 weeks and on, in the third tri- building up the state. The individual they have, but I also grieve for us as a mester, there are only four countries in has no value. The state has the great- nation in the devaluing of something the world that allow late-term abor- est value. China determines it has too so obvious as a child. We can do better tions—only four—China, North Korea, many people. So it forces women to as a country, but the first thing we Vietnam, and the United States. Ev- have abortions. It compels them. Some have to do is stop and look. erywhere else in the world looks at can only have one child, and some can As a nation, we have been through that child and says that the child is a have two children, but every child after some moments that we are not proud

VerDate Sep 11 2014 02:33 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.036 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S204 CONGRESSIONAL RECORD — SENATE January 15, 2019 of, but as a nation, we are proud of who The legislative clerk proceeded to tem that secures our border, enforces we can become. As a nation, we are not call the roll. the law, helps to grow our economy, proud that at one point, we declared Mr. SULLIVAN. Madam President, I and, importantly, keeps families to- African-American men and women as ask unanimous consent that the order gether. Securing the border is an im- three-fifths of a man. As a nation, we for the quorum call be rescinded. portant goal. are not proud of that. As a nation, we The PRESIDING OFFICER. Without I am hoping that as we all work on are not proud that we once told women objection, it is so ordered. this, Speaker PELOSI, Minority Leader they could not vote. As Americans, we GOVERNMENT FUNDING SCHUMER, the President, and my Re- are not proud that at one point, we Mr. SULLIVAN. Madam President, I publican colleagues could get to a com- took Japanese-Americans and interned want to spend a few minutes talking promise on this issue soon. We all need them in camps because we were afraid about the partial government shut- to come together. of them. As Americans, we are not down, which is happening right now, The good news, as I mentioned, is proud of those moments. and, more importantly, related to it, that we might be on the verge of com- I pray there is a day that we are not the men and women of the U.S. Coast ing together—those parties that I just proud that we looked away from little Guard who are working today, like mentioned—on one of the issues that girls and little boys and said: You are every other member of the military, relate to securing our border, that re- not human enough yet. Your life can be risking their lives here, in my State of late to this broader challenge on the ended because I don’t want to look at Alaska, and overseas in the Middle partial government shutdown involving the U.S. Coast Guard. I am hopeful you. East, and are not getting paid to do so. that this could be a template for get- The beginning for us, really, is to They are the only branch of the U.S. ting out of the broader partial govern- stop and look at what is obvious. That military not getting paid to risk their ment shutdown. is a child. What are you going to do lives for their country. They missed about that child? As you know, the partial government their first paycheck today, but here is shutdown is negatively impacting Fed- One of the great books of the 20th the good news. We are offering a solu- century was written by a man named eral workers, but none—none—more so tion—a solution that is working Ralph Ellison, who, by the way, was an than the brave men and women of the through the Federal Government that Oklahoman. Ralph Ellison was a tre- U.S. Coast Guard. As I mentioned, they has a lot of potential. mendous African-American author. In are currently the only members of the Before I get to that, I want to talk a U.S. military who are not getting paid the early 20th century, he wrote a book little bit about the partial government called ‘‘Invisible Man.’’ It is a remark- during this partial government shut- shutdown itself and make clear that I down. The Army, the Navy, the Air able journey to look into that time pe- believe the Trump administration’s ef- riod. The author, who is really writing Force, and the Marines are all out fort to secure the border should be part as the narrator of the book, is telling there risking their lives for our Nation. of the solution. Every nation has the his story. We greatly appreciate that. And guess In the prologue of the book, there is right and has the responsibility to pro- what. They are getting paid to do it, as a section I want to read to you because tect its citizens and to protect its sov- they should be, but the Coast Guard I think it is powerful, just thinking ereignty. In my view, this is something members are also out there risking about the philosophy that Ralph Elli- that should not be controversial. Every their lives, especially in my State, the son put out. He said this: nation has the right and responsibility great State of Alaska. They are out on to do this, and that is what the citizens I am a man of substance, of flesh and bone, the Bering Seas, some of the roughest fiber and liquids—and I might even be said to of each country expect. It should not and most dangerous oceans in the possess a mind. I am invisible, understand, be controversial. world, keeping our fishermen safe and simply because people refuse to see me. Like In fact, over the past 25 years, every doing rescues. They are deployed over- the bodiless heads you see sometimes in cir- single President of the United States— seas. They are deployed in the Middle cus sideshows, it is as though I have been Democrat and Republican—has at- East. They have been in Florida and surrounded by mirrors of hard, distorting tempted to secure the southern border Texas helping with natural disasters, glass. When they approach me they only see and has come before the Congress and my surroundings, themselves, or figments of hurricanes—all heroic service. There their imagination—indeed, everything and said: I am going to secure the southern have been many shutdowns before in anything except me. border. They have campaigned on se- the Federal Government, unfortu- Nor is my invisibility exactly a matter of curing the southern border. They have nately, dating back decades, but this biochemical accident to my epidermis. That all said this. Even the Members of Con- might be the first time ever that you invisibility to which I refer occurs because of gress—Democrats and Republicans— have every branch of the military a peculiar disposition of the eyes of those year after year have come to the floor being paid during the shutdown, with with whom I come in contact. A matter of of both Houses and said: We need to do the construction of the inner eyes, those the exception of one. eyes with which they look through their it. Let me read a letter from the com- physical eyes upon reality. In a big speech in 2014, President mandant of the Coast Guard, ADM Karl Ralph Ellison was saying in the early Obama called the situation on the Schultz, to the men and women of the 20th century that White America, when southern border a crisis. That was 4 Coast Guard. they ran into Black America, refused years ago. He called it a crisis—the To the Men and Women of the United to look and ignored them as if they previous President, President Obama. I States Coast Guard, agreed with his assessment then, and I Today you will not be receiving your regu- were invisible and just walked on. larly scheduled mid-month paycheck. To the As a culture, I am grateful that agree with President Trump’s assess- ment now, which is the same assess- best of my knowledge, this marks the first Americans are opening their eyes to time in our Nation’s history that service- each other as friends and as neighbors ment. members in a U.S. Armed Force have not and as Americans. I wonder, one day, That is why the President is asking been paid during a lapse in government ap- when the peculiar eyes that choose to for $5.7 billion to secure our border. It propriations. pretend that this child is invisible, is not an unreasonable request, par- That is the first paragraph in the simply because she looks like this, ticularly, when Members of this body, Commandant’s letter to all the mem- when our peculiar eyes choose to look just last spring, when we were debating bers of the U.S. Coast Guard. It is the at what we have chosen to say is invis- immigration reform, voted for dollar first time in the U.S. history we are ible and to turn away and to say: Let’s amounts that were much greater than doing this to members of the military. see what we do as a culture. Let’s that. Again, Democrats and Repub- Madam President, I ask unanimous march for life. Let’s speak out for what licans, last spring, debating on the consent that the letter be printed in is obvious, and let’s determine what to floor of this body immigration reform the RECORD. do in the next step. and border security, voted way north of There being no objection, the mate- With that, I yield the floor. $5.7 billion. rial was ordered to be printed in the I suggest the absence of a quorum. This is just one of the many solu- RECORD, as follows: The PRESIDING OFFICER (Ms. tions we need to grapple with in order TO THE MEN AND WOMEN OF THE UNITED MCSALLY). The clerk will call the roll. to have a functional immigration sys- STATES COAST GUARD, Today you will not be

VerDate Sep 11 2014 02:33 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.027 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S205 receiving your regularly scheduled mid- are trying to get unanimous consent mittee in charge of the Coast Guard. I month paycheck. To the best of my knowl- from Democrats and Republicans on sit on the Armed Services Committee. edge, this marks the first time in our Na- this bill. Again, leadership on the I know a lot of my colleagues, Demo- tion’s history that servicemembers in a U.S. Democratic side and on the Republican Armed Force have not been paid during a crats and Republicans, have recognized lapse in government appropriations. side have all supported this bill: pay this is a problem. The chairman of the Your senior leadership, including Sec- the Coast Guard like the other mili- Commerce Committee, the chairman of retary Nielsen, remains fully engaged and we tary servicemembers. The White House the Armed Services Committee have. I will maintain a steady flow of communica- is now supportive. Hopefully, tonight think we are all focused—again, bipar- tions to keep you updated on developments. we are going to get this cleared, and we tisan—to address some of these chal- I recognize the anxiety and uncertainty are going to get it over to the House; this situation places on you and your family, lenges where the Coast Guard is not Speaker PELOSI and her team will rec- and we are working closely with service or- treated equally among the other serv- ganizations on your behalf. To this end, I am ognize how dire and important this is— ices, and that is just wrong. We need to encouraged to share that Coast Guard Mu- just like Democrats, Republicans, the start working on that, and I am going tual Assistance (CGMA) has received a $15 President, and Secretary Nielsen Sec- to continue to focus on that issue. million donation from USAA to support our retary of Homeland Security all recog- The best way we can start working people in need. In partnership with CGMA, nize this—and we get to a solution. It on that is tonight: Fix this pay prob- the American Red Cross will assist in the is not going to end everything, but it lem, which every single American distribution of these funds to our military will be a solution. and civilian workforce requiring assistance. knows is inequitable, knows is not fair I am asking my colleagues tonight, to the men and women of the Coast I am grateful for the outpouring of support as this bill is being moved through the across the country, particularly in local Guard, but we are on the verge of a so- communities, for our men and women. It is a hotline for unanimous consent—and I lution. Let’s UC this bill tonight—we direct reflection of the American public’s thank all the Republicans who have al- have the White House’s support—and sentiment towards their United States Coast ready said they will support it. We get get it over to the House. At least we Guard; they recognize the sacrifice that you my colleagues on the Democratic will take care of one issue where there and your family make in service to your side—again, there are a number of is an inequality between the men and country. Democratic cosponsors on this bill. The women in the other branches of the It is also not lost on me that our dedicated President said he would sign it. We get services and the Coast Guard, and then civilians are already adjusting to a missed it over to the House, and we start to paycheck—we are confronting this challenge we will work to fix all the others. I am get solutions as opposed to just road- together. hopeful we are going to get there to- blocks. The strength of our Service has, and al- night and hopefully will solve this ways will be, our people. You have proven There are just two broader issues I want to raise. As I am indicating, this problem in the next 24 to 48 hours. time and again the ability to rise above ad- I yield the floor. versity. Stay the course, stand the watch, kind of work can be a template to get- The PRESIDING OFFICER. The Sen- and serve with pride. You are not, and will ting to a broader solution with regard ator from Florida. not, be forgotten. to the partial government shutdown— GOVERNMENT FUNDING Semper Paratus, Democrats and Republicans in this ADMIRAL KARL L. SCHULTZ, Mr. RUBIO. Madam President, it has body working together, the White Commandant. been an interesting start to this new House working with us, the Trump ad- Mr. SULLIVAN. Nobody thinks this ministration working with us, and, Congress 2 weeks ago today, I believe— is a good idea. Nobody thinks this is a hopefully, the House will see the wis- almost 2 weeks ago, this week. We are good idea. So last week, a number of us dom of this when the bill comes over to in a shutdown, and then we had a vote in this body, Democrats and Repub- them, and we will get a bill signed that here a few minutes ago to disapprove of licans, put forward a bill that simply takes care of almost 50,000 Active-Duty a decision made by the administration. A lot of people would look at that, says we should pay the men and women patriots—men and women—risking and they would say that is a sign of of the Coast Guard, even if we are in a their lives, right now as we speak, with partial government shutdown, just like no pay. I am hopeful that is a tem- weakness and division. Most certainly, paying the men and women of the plate. I don’t like this shutdown. I hope we other branches of the military. They Another broader issue that this mat- can figure a way out of it quickly. A are risking their lives daily. They can’t ter actually raises—that we need to lot of people who had nothing to do just quit their job. By the way, if they focus on a lot more in the Senate—is a with it are being hurt. My feelings want to just go quit, they are going to problem I have seen in the last 4 years about that are strong as well. I don’t be court-martialed. That is different during my time here; that sometimes think what the President is requesting than other Federal service. So that is the Coast Guard gets short shrift rel- is unreasonable, but the reason we what we said we were going to do. ative to other members of the military. have a shutdown is because, at the end When the President came to the Sen- It is wrong, and we need to work on it of the day, everyone involved—no mat- ate last week, I had the opportunity to together. ter how long and how strongly they raise this issue with the President and Why has that happened? Certainly disagree—is willing to live by the Con- his team and highlighted the fact that not because they are not as heroic and stitution, and the Constitution says, this is very different, and we need to dedicated and patriotic as the rest of the only way you can fund the govern- work together. We have a bill. If we get the military. I don’t think it is inten- ment is if the House and the Senate the President’s support and signature tional. It is more bureaucratic. The pass a spending bill and the President on it, that would be a good way to Coast Guard falls under the Commerce signs it into law. move it forward, and I have been in Committee. The Coast Guard falls Likewise, we had a vote a few min- communication with his administra- under the Homeland Security Sec- utes ago about a decision made by the tion ever since the lunch—working retary. The Marines, the Army, the administration to delist a Russian with us. Navy, and the Air Force are under the company after some changes were I am hopeful we are on the verge of a Armed Services Committee and under made to the ownership structure. You breakthrough because the White House the Pentagon. Sometimes things just may disagree with it or agree with it, has said the President recognizes this happen, whether it is retirement pay, but the bottom line is, that the reason is a rather unique situation—very whether it is the example of paying the the vote happened is we passed a law unique—so he has now said he is going military, where the Coast Guard gets that said within 30 days of it being en- to support this bill. We have Demo- treated in an unequal manner. They acted, the Congress could act to dis- crats, Republicans, the White House, shouldn’t. They shouldn’t. We need to approve. That is the way our constitu- and the President of the United States treat all members of the military, all tional system works. all saying, all right, we are not there five branches, the same: pay, retire- So despite our sharp disagreements, yet, but this is a good start, and this is ment, shutdowns. Again, I don’t think despite our arguments, despite what an important issue. it is intentional, but it does happen. appears outwardly to the country and What is going on right now in this I am the chairman of the sub- many in the world as a sign of division body is we are trying to UC this. We committee in the Commerce Com- and weakness, the result may not be

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You are a From the perspective of the United but at its core, let’s remind ourselves fraud, and the only reason why you are States, since we have recognized the le- that the reason this is happening is be- in office is because you are threatening gitimate Presidency of the National cause everyone involved, no matter to jail or kill the people who are will- Assembly’s President, pending a new how much they appear to dislike each ing to raise this point against you. election, I think the time has come to other or how much they disagree, they The administration went further, and expel the Maduro-appointed Ambas- are willing to live within the letter and they said the national assembly of sadors and allow the new constitu- the law of the Constitution of the Venezuela is the only constitutionally, tional President to appoint replace- United States of America. democratically elected government in ments. VENEZUELA the country. The frozen assets of the Venezuelan Imagine an alternative for a moment. The statements we have made in the Government should be put at the dis- Imagine if the President, frustrated by last week are entirely rooted in the posal of legitimate government so they Congress’s continuing unwillingness to rule of law and entirely rooted in the can use them to conduct a free and fair fund one of his priorities on border se- Venezuelan Constitution, and they are election and also use them to begin to curity, frustrated by a decision in Con- not unilateral actions. These state- rebuild the country. gress to disapprove of a decision he ments have been supported by other The opportunity exists now to work made regarding sanctions, decided not countries in the region, including Ven- with the new President, pending the only was he going to ignore Congress, ezuela’s neighbors. new election, to begin laying out plans but he was going to stop paying them, If, in fact, we are basing our public to deliver humanitarian aid right now, policy on the Constitution of Ven- he was going to jail its Members, and along with our partners in the region ezuela, there is one more provision we he was going to create an alternative in the world, but also to help put to- cannot ignore; that is, a provision in Congress, which he handpicked and gether a package of assistance to help the Constitution that says that when controlled. Venezuela rebuild a country decimated That sounds farfetched. That sounds there is a vacancy in the Presidency by the current dictatorship. clearly unconstitutional, but there are and the Vice Presidency, the President These are bold moves, but they are parts of this world where those kinds of of Venezuela is the President of the na- entirely rooted in the rule of law, en- things are happening, and one of them tional assembly. tirely justified under the Venezuelan We have a similar line of secession in is in our hemisphere. What I have just Constitution, and will be clear evi- the United States. In the absence of described to you is exactly what has dence that we will not stand by idly as the President or the Vice President, happened in the nation of Venezuela democracy in the region is wiped out the Speaker of the House automati- by this growing trend around the world beginning as early as 2013. cally becomes the President of the What has happened there is that the of authoritarians assuming the United States. They might have a supposed President—actual dictator— vestiges of democracy—holding elec- swearing-in ceremony, but by law that of the country, frustrated that the tions that aren’t real elections, having absence triggers the Presidency of the democratically elected national assem- parliamentary bodies that aren’t real— Speaker of the House—third in the bly would not support his initiatives to in essence, dressing the part of demo- line, followed by No. 4 in line, the control the country, decided to create crats but behaving like dictators. President pro tempore of the Senate. I strongly urge this administration an alternative—what they call a con- They have a similar outline in Ven- publicly—and I have done so pri- stituent assembly—an alternative con- ezuela under their Constitution. So it gress. They no longer pay the national stands to reason that if our policy is vately—to move quickly to recognize assembly members at all. They have no that Maduro and his Vice President are the President of the National Assembly staffing; they have no budget; they are illegitimate because they were elected of Venezuela, Juan Guaido, as the in- hardly allowed to meet; and several of in an extra-constitutional, fraudulent terim President of that country pend- them have been jailed. election, then clearly the Presidency of ing a transition to a new, free and fair As part of this process of replacing Venezuela is vacant. And if we are election, and I hope this is an action the national assembly or at least ig- rooting our support for the National we will take in concert with our part- noring them and giving no force of law Assembly as the only constitutionally ners in the region who recognize the to what they vote on and creating this and legitimately elected body in the exact same thing. alternative national assembly called country, then we must respect the fact There is a window of opportunity the constituent assembly, completely that that Constitution automatically here to shine the light of freedom and outside their Constitution, with no passes the title of ‘‘President’’ to the liberty through our actions, and I hope basis in law—that entity, that orga- President of the National Assembly. we move expeditiously in pursuit of nism, called for an election, a new elec- What I come to the floor today to ask that goal. And to the Venezuelan peo- tion for President. It was a snap elec- is that the administration—hopefully ple—that they may know that we are tion designed to not allow the opposi- in concert with Brazil and Canada and standing with them, that we have been tion to organize in time, an election in Columbia and other countries around given a concrete opportunity to defend which they control all the television the world—simply recognize what the their aspirations for freedom and a bet- stations, in which people had to show Venezuelan Constitution clearly lays ter future but also to defend their Con- an ID card in order to vote, and that ID out. There is no President in Venezuela stitution. card also happened to be the card that right now that has been democratically To military officers in Venezuela who got your family food and medicine—the elected, and via their own Constitu- swore to uphold and defend their Con- limited amounts people are getting— tion, the current President of Ven- stitution, now is the opportunity for not a fair election in any way. ezuela, pending a new election, is Juan you to abandon the current direction of The result is, last May, Maduro Guaido, the President of the National the country and assume your responsi- ‘‘wins’’ this ‘‘fraudulent’’ election, and Assembly. bility that you have sworn to uphold, the first day of the term of this fraudu- This is entirely rooted, as I said, in and that is the constitutional provi- lent Presidency was last week. rule of law and under the Venezuelan sions of that country. Rightfully, the President of the Constitution. It doesn’t even require I believe with all my heart and I have United States, along with leaders from Mr. Guaido to assume the office; it every reason to believe without any multiple other countries—including automatically is bestowed upon him. It doubt that this administration and this Colombia, Brazil, Canada, and dozens is a critical thing for us to do in order government, along with this Congress, of countries around the world—have to begin to build a better future for stand ready to work hand in hand with said Maduro is an illegitimate Presi- Venezuela, along with our partners in the people of Venezuela to restore a dent under the Constitution of Ven- the region. rightful democracy and empower that ezuela: The election you held isn’t free I think the next actions that should country to head in the right direction. and fair. The election you held was au- be followed after that happens is that I urge the administration to move thorized by an organism that is not Mr. Guaido name a cabinet and name quickly to take the first step on our recognized under the Constitution. You leaders to run the military. part to facilitate that. It is, as I said,

VerDate Sep 11 2014 02:33 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.031 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S207 the last, best chance we have before it and 18 percent want coal. I think the Republicans, support reducing green- potentially becomes too late and the Trump administration would do well to house gas emissions regardless of what dark cloud of tyranny settles upon pay attention to those numbers—if it other countries do. Venezuela the way it has over Cuba were, indeed, about the numbers, any- This poll also found majority support and increasingly over Nicaragua now way. across both parties for U.S. participa- for over two generations. So make the question harder. Go all tion in the Paris Agreement and over- I urge the President and his adminis- in. Ask Americans about a full transi- whelming support for renewal energy tration to do what only they are em- tion to a 100-percent renewable energy among Republicans, Democrats, and powered to do under our Constitution; system, and most say that the transi- Independents. that is, recognize the rightful heads of tion to a 100-percent renewable energy What is more, this poll found that al- state of other nations. system for America will be good for most three-quarters of registered vot- I yield the floor. working families—better than con- ers, including a majority of Repub- The PRESIDING OFFICER. The Sen- tinuing on our fossil fuel path. licans, support setting strict limits on ator from Rhode Island. If you look at what Republicans say, carbon pollution from coal-fired power- CLIMATE CHANGE by 2 to 1, Republican voters say that plants, and a majority of Republicans, Mr. WHITEHOUSE. Madam Presi- going to renewables will have a posi- Independents, and Democrats support dent, I know you are not allowed to re- tive impact on working families, imposing a revenue neutral carbon tax spond to me, but allow me to welcome versus only 23.5 percent who say it will on fossil fuel companies. A majority of you to the Chair as a new Member of have a negative impact. The rest— Republicans support imposing a rev- the Senate. ‘‘don’t know’’ or ‘‘no impact either enue neutral carbon tax on fossil fuel With a new year come a lot of way.’’ But the people who favor 100 per- companies. changes. This month, a Democratic cent renewables as a good thing for Well, I have had a bill with Senator majority was sworn in to the House of working families—even among Repub- SCHATZ in the last several Congresses Representatives. That new majority lican voters, it is 2 to 1 over fossil fuel. to do just that—charge a fee on the has heard the call from Americans to When Americans are told about a polluters for their carbon emissions make tackling climate change one of Green New Deal to reduce carbon pollu- and then return all the revenue raised our top priorities, and what a change tion and create clean energy jobs by in- to the American people. Several bills that will make from the last Congress. vesting in infrastructure and renewable on the House side also price carbon pol- Young voters who helped propel this energy and efficient buildings and lution, and a few even had Republican change are urgently concerned about transportation systems, almost 70 per- cosponsors. climate change. More than three- cent are supportive, and that includes These bills went nowhere under Re- fourths of millennials agree on the almost 60 percent of Republicans—20 publican leadership, notwithstanding need for climate action. Even a major- percent strongly support, and 36.8 per- these numbers and notwithstanding ity of Republican millennials agree on cent support. So even the Green New public support. Why? Because the fossil the need for action in face of our cli- Deal is a winner among Republican fuel industry opposes them—so no mate crisis. Indeed, a former Repub- voters. hearings, no vote, no nothing. lican Congressman just wrote about Ask about putting a price on carbon What did get a vote in the House last climate change: ‘‘My party will never pollution. Why would you want to do year under Republican leadership? A earn the votes of millennials unless it that? Because right now, the costs of resolution condemning carbon pric- gets serious about finding solutions.’’ carbon pollution are put on the public. ing—condemning the carbon pricing Of course, it is not just younger vot- They are put on all of us. They are put that a majority of Republican voters ers; polling shows that Americans of on our constituents. Polluters get support—backed, of course, by the fos- all ages and political stripes favor pol- away with polluting for free, and the sil fuel industry. Virtually every ex- icy solutions that scientists and econo- rest of us pay for the added drought pert, economist, and scientist who has mists say are needed to tackle climate and wildfire and storm damage costs. studied the question says that putting change. A recent survey of more than Well, more than 60 percent of reg- a price on carbon pollution is not only 10,000 registered voters showed that istered voters support pricing carbon the right thing to do morally and eco- nearly two-thirds of Americans believe to reduce emissions. And if you look at nomically but is necessary to keep that investing in renewable energy will Republicans, a majority of Republicans global temperatures from climbing 2 create more jobs than investing in fos- under the age of 45 also support a car- degrees Celsius above preindustrial sil fuel. Among Republicans—here—52 bon price. norms, as the scientific consensus percent of Republican voters think This new polling matches other poll- makes clear we must do at a min- that focusing on renewables will create ing that is on its way out or recently imum—at a minimum. If we blow past more jobs than fossil fuel—52 percent out that shows solid support for pricing 2 degrees, all bets are off, and the con- to 29 percent—and that is with the non- carbon and making polluters pay for sequences of climate change may be- stop saturation, indoctrination of the the damage they are causing—which, come irreversible. Even at 1.5 degrees, Republican Party by the fossil fuel in- by the way, is also economics 101, but we are taking chances, but dozens of dustry, with all of its propaganda and never mind that. We are talking about industry-backed front groups—this is nonsense. polling today. hard to see, but this is the usual array Of course, the facts bear out that re- A Monmouth University poll showed of web-of-denial, phony-baloney front newable energy will create more jobs. that 64 percent of Republicans now ac- groups that have been supported, fund- It is already happening. Over 3 million cept climate change as a problem, and ed, and created by the fossil fuel indus- Americans are employed in the renew- a majority of Republicans support gov- try so people don’t think it is the fossil able energy and energy efficiency in- ernment action to combat climate fuel industry committing this non- dustries, compared to just over 1 mil- change—a majority of Republicans. sense. They have groups with names lion in fossil fuels. There is far more An ABC News poll showed that 81 such as ALEC, the Competitive Enter- job growth in the renewable sector percent of Americans support cutting prise Institute, Americans for Tax Re- than in the declining, decrepit fossil greenhouse gas emissions, two-thirds form, Heartland Institute, and Insti- fuel industry. supported a carbon tax, and 81 percent tute for Liberty. These groups clean up Solid majorities of Americans say supported tax breaks for renewable their propaganda for them. they want more emphasis on renewable power. So here come these letters. These in- energy. Seventy-one percent want These are big, strong, national ma- dustry-backed front groups had one im- more solar, 64 percent want more wind, jorities in favor of the kind of action portant thing going for them that the and 56 percent want more hydropower. we need and could do to stem the cli- Nobel Prize-winning economists on the By contrast, only 40 percent want more mate crisis. other side couldn’t match, and that is natural gas, only 25 percent want more A poll for Yale and George Mason big political money and the fossil fuel oil, and only 18 percent want more Universities showed that 70 percent of industry behind them. Groups behind coal. Seventy-one percent want solar, registered voters, including over half of this letter to Speaker RYAN received at

VerDate Sep 11 2014 02:33 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.032 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S208 CONGRESSIONAL RECORD — SENATE January 15, 2019 least $54 million from Big Oil and the said: ‘‘My party will never earn the SENATE SELECT COMMITTEE ON Koch brothers’ political network—at votes of millennials unless it gets seri- INTELLIGENCE RULES OF PRO- least $54 million. We don’t know for ous about finding solutions.’’ CEDURE sure because of their clandestine, dark Well, clean energy is a solution. The Mr. BURR. Madam President, I ask money funding network. Likely, it is fact of all this Republican voter sup- unanimous consent that the Senate Se- far more. port on the one hand is a sign of hope lect Committee on Intelligence’s Rules The minimum $54 million that the for the new year—of hope that elected of Procedure be printed in the RECORD. fossil fuel industry funded these groups Republicans will hear their voters and There being no objection, the mate- with may likely be far more because so will take action and support the clean rial was ordered to be printed in the much of the fossil fuel industry’s fund- energy solutions that can avert the cli- RECORD, as follows: ing is obscured through dark money mate crisis. At the same time, the vot- RULES OF PROCEDURE OF THE SELECT channels to hide their hand. ers on the Republican side who are say- COMMITTEE ON INTELLIGENCE What did they achieve? Well, they ing what they want are also being ig- RULE 1. CONVENING OF MEETINGS got a vote. Unlike the carbon pricing nored. Therefore, these numbers are 1.1. The regular meeting day of the Select bills, they got a vote on the House equally telling of the secretive polit- Committee on Intelligence for the trans- floor. Speaker RYAN brought the fossil ical forces at work in Congress to bot- action of Committee business shall be every fuel-funded resolution to a vote, and tle us up and to prevent what even Re- Tuesday of each month that the Senate is in with the Republican caucus largely a publican voters want. session, unless otherwise directed by the wholly owned subsidiary of the fossil There is a rot in our politics, and our Chairman. fuel industry, the resolution passed. failure on climate change is a telling 1.2. The Chairman shall have authority, There is a whole case study in cor- indicator of that rot. The whole world upon notice, to call such additional meetings ruption here, as the Founding Fathers of the Committee as the Chairman may is watching. America is supposed to be deem necessary and may delegate such au- would define it, but the simple lesson ‘‘a City upon a Hill,’’ an example for thority to any other member of the Com- for today’s purposes: Money talks and the world. They don’t stop looking mittee. big fossil fuel money commands. when we are a bad example. We have to 1.3. A special meeting of the Committee This situation stinks. The polls I just get serious about this. Time is running may be called at any time upon the written went through and others show what out. It is time to wake up, and it is request of five or more members of the Com- Americans want. Americans want jobs, time to clean up. mittee filed with the Clerk of the Com- mittee. Americans want clean air, Americans With that, I yield the floor. want a healthy climate, and Americans 1.4. In the case of any meeting of the Com- The PRESIDING OFFICER. The ma- mittee, other than a regularly scheduled want to be safe from extreme weather, jority leader. meeting, the Clerk of the Committee shall wildfires, and rising seas, and Ameri- Mr. MCCONNELL. I thank my friend notify every member of the Committee of cans know clean energy solutions will from Rhode Island. the time and place of the meeting and shall get them there. give reasonable notice which, except in ex- Americans are ready for bipartisan f traordinary circumstances, shall be at least action, and before the Supreme Court’s 24 hours in advance of any meeting held in decision in Citizens United came along, CLOTURE MOTION Washington, D.C. and at least 48 hours in the we had bipartisan action in the Senate case of any meeting held outside Wash- Mr. MCCONNELL. Madam President, ington, D.C. on climate. We had lots of bipartisan I send a cloture motion to the desk for 1.5. If five members of the Committee have action in the Senate on climate, but S.J. Res. 2. made a request in writing to the Chairman with Citizens United, unlimited money The PRESIDING OFFICER. The clo- to call a meeting of the Committee, and the launched into our politics and things ture motion having been presented Chairman fails to call such a meeting within changed, and now the strings are pulled under rule XXII, the Chair directs the seven calendar days thereafter, including the by Big Oil, Big Coal, and a couple of day on which the written notice is sub- clerk to read the motion. mitted, these members may call a meeting creepy fossil fuel industry billionaires. The bill clerk read as follows: Special interest money has infected by filing a written notice with the Clerk of CLOTURE MOTION the Committee who shall promptly notify almost everything we do in Congress, each member of the Committee in writing of and it is the flagrant fact of our non- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the the date and time of the meeting. response to the climate crisis. The Standing Rules of the Senate, hereby move RULE 2. MEETING PROCEDURES warnings have been coming for dec- to bring to a close the debate on S.J. Res. 2, 2.1. Meetings of the Committee shall be ades—first from the scientists, then a joint resolution disapproving the Presi- open to the public except as provided in from the economists, now from prac- dent’s proposal to take an action relating to paragraph 5(b) of Rule XXVI of the Standing tically everywhere. the application of certain sanctions with re- Rules of the Senate. I went to the capital city of the Pre- spect to the Russian Federation. 2.2. It shall be the duty of the Staff Direc- siding Officer’s State and was told John Thune, Mike Crapo, Tom Cotton, tor to keep or cause to be kept a record of all there that the staffing requirements Todd Young, John Cornyn, Jerry Committee proceedings. for police and fire were going to have Moran, John Boozman, Deb Fischer, 2.3. The Chairman of the Committee, or if John Hoeven, Susan M. Collins, Cory to change because Phoenix, AZ, was be- the Chairman is not present the Vice Chair- Gardner, Dan Sullivan, Marco Rubio, man, shall preside over all meetings of the coming so hot that to get people to Richard Burr, John Barrasso, Pat Rob- Committee. In the absence of the Chairman work outside, responding to emer- erts, Roger F. Wicker, Thom Tillis, and the Vice Chairman at any meeting, the gencies, responding to fires and so Shelley Moore Capito, Mitch McCon- ranking majority member, or if no majority forth, you had to build in a whole new nell. member is present, the ranking minority staffing regime because it was so hard Mr. MCCONNELL. I ask unanimous member present, shall preside. to work in the new levels of heat that consent that the mandatory quorum 2.4. Except as otherwise provided in these the city of Phoenix is experiencing. call be waived. Rules, decisions of the Committee shall be by a majority vote of the members present You have to be able to rotate people The PRESIDING OFFICER. Without objection, it is so ordered. and voting. A quorum for the transaction of much faster through crime scenes and Committee business, including the conduct through fire scenes and you had to of executive sessions, shall consist of no less f have other people willing to stand by than one third of the Committee members, and cool them off after they were ex- except that for the purpose of hearing wit- posed to superheating. MORNING BUSINESS nesses, taking sworn testimony, and receiv- So it is everywhere now. If you live Mr. MCCONNELL. Madam President, ing evidence under oath, a quorum may con- on the coast, it is sea level; if you live I ask unanimous consent that the Sen- sist of one Senator. ate be in a period of morning business, 2.5. A vote by any member of the Com- out West, it is wildfires, and it includes mittee with respect to any measure or mat- Republican voters and particularly with Senators permitted to speak ter being considered by the Committee may younger Republican voters. therein for up to 10 minutes each. be cast by proxy if the proxy authorization Remember what the recently de- The PRESIDING OFFICER. Without (1) is in writing; (2) designates the member of parted Republican Member of Congress objection, it is so ordered. the Committee who is to exercise the proxy;

VerDate Sep 11 2014 03:48 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.040 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S209 and (3) is limited to a specific measure or of the Committee and/or designated Com- with the notice given, shall do so at least 48 matter and any amendments pertaining mittee staff members. hours in advance of his or her appearance be- thereto. Proxies shall not be considered for RULE 7. SUBPOENAS fore the Committee, unless the Chairman the establishment of a quorum. Subpoenas authorized by the Committee and Vice Chairman determine there is good 2.6. Whenever the Committee by roll call for the attendance of witnesses or the pro- cause for noncompliance with the 48 hours vote reports any measure or matter, the re- duction of memoranda, documents, records, requirement. port of the Committee upon such measure or or any other material may be issued by the 8.6. Objections and Rulings.—Any objection matter shall include a tabulation of the Chairman, the Vice Chairman, or any mem- raised by a witness or counsel shall be ruled votes cast in favor of and the votes cast in ber of the Committee designated by the upon by the Chairman or other presiding opposition to such measure or matter by Chairman, and may be served by any person member, and such ruling shall be the ruling each member of the Committee. designated by the Chairman, Vice Chairman of the Committee unless a majority of the RULE 3. SUBCOMMITTEES or member issuing the subpoenas. Each sub- Committee present overrules the ruling of Creation of subcommittees shall be by ma- poena shall have attached thereto a copy of the chair. jority vote of the Committee. Subcommit- S. Res. 400 of the 94th Congress, and a copy 8.7. Inspection and Correction.—All wit- tees shall deal with such legislation and of these rules. nesses testifying before the Committee shall oversight of programs and policies as the be given a reasonable opportunity to inspect, RULE 8. PROCEDURES RELATED TO THE TAKING in the office of the Committee, the tran- Committee may direct. The subcommittees OF TESTIMONY shall be governed by the Rules of the Com- script of their testimony to determine 8.1. Notice.—Witnesses required to appear whether such testimony was correctly tran- mittee and by such other rules they may before the Committee shall be given reason- adopt which are consistent with the Rules of scribed. The witness may be accompanied by able notice and all witnesses shall be fur- counsel. Any corrections the witness desires the Committee. Each subcommittee created nished a copy of these Rules. shall have a chairman and a vice chairman to make in the transcript shall be submitted 8.2. Oath or Affirmation.—At the direction in writing to the Committee within five days who are selected by the Chairman and Vice of the Chairman or Vice Chairman, testi- Chairman, respectively. from the date when the transcript was made mony of witnesses may be given under oath available to the witness. Corrections shall be RULE 4. REPORTING OF MEASURES OR or affirmation which may be administered limited to grammar and minor editing, and RECOMMENDATIONS by any member of the Committee. may not be made to change the substance of 4.1. No measures or recommendations shall 8.3. Questioning.—Committee questioning the testimony. Any questions arising with be reported, favorably or unfavorably, from of witnesses shall be conducted by members respect to such corrections shall be decided the Committee unless a majority of the of the Committee and such Committee staff by the Chairman. Upon request, the Com- Committee is actually present and a major- as are authorized by the Chairman, Vice mittee may provide to a witness those parts ity concur. Chairman, or the presiding member. of testimony given by that witness in execu- 4.2. In any case in which the Committee is 8.4. Counsel for the Witness.—(a) Gen- tive session which are subsequently quoted unable to reach a unanimous decision, sepa- erally. Any witness may be accompanied by or made part of a public record, at the ex- rate views or reports may be presented by counsel, subject to the requirement of para- pense of the witness. any member or members of the Committee. graph (b). 8.8. Requests To Testify.—The Committee (b) Counsel Clearances Required. In the 4.3. A member of the Committee who gives will consider requests to testify on any mat- event that a meeting of the Committee has notice of intention to file supplemental, mi- ter or measure pending before the Com- been closed because the subject matter was nority, or additional views at the time of mittee. A person who believes that testi- classified in nature, counsel accompanying a final Committee approval of a measure or mony or other evidence presented at a public witness before the Committee must possess matter, shall be entitled to not less than hearing, or any comment made by a Com- the requisite security clearance and provide three working days in which to file such mittee member or a member of the Com- proof of such clearance to the Committee at views, in writing with the Clerk of the Com- mittee staff, may tend to affect adversely least 24 hours prior to the meeting at which mittee. Such views shall then be included in that person’s reputation, may request in the counsel intends to be present. A witness the Committee report and printed in the writing to appear personally before the Com- who is unable to obtain counsel may inform same volume, as a part thereof, and their in- mittee to testify or may file a sworn state- the Committee of such fact. If the witness clusion shall be noted on the cover of the re- ment of facts relevant to the testimony, evi- informs the Committee of this fact at least port. dence, or comment, or may submit to the 24 hours prior to his or her appearance before 4.4. Routine, non-legislative actions re- Chairman proposed questions in writing for the Committee, the Committee shall then quired of the Committee may be taken in ac- the questioning of other witnesses. The Com- endeavor to obtain voluntary counsel for the cordance with procedures that have been ap- mittee shall take such action as it deems ap- witness. Failure to obtain such counsel will proved by the Committee pursuant to these propriate. Committee Rules. not excuse the witness from appearing and 8.9. Contempt Procedures.—No rec- testifying. RULE 5. NOMINATIONS ommendation that a person be cited for con- (c) Conduct of Counsel for the Witness. tempt of Congress or that a subpoena be oth- 5.1. Unless otherwise ordered by the Com- Counsel for witnesses appearing before the erwise enforced shall be forwarded to the mittee, nominations referred to the Com- Committee shall conduct themselves in an Senate unless and until the Committee has, mittee shall be held for at least 14 days be- ethical and professional manner at all times upon notice to all its members, met and con- fore being voted on by the Committee. in their dealings with the Committee. Fail- sidered the recommendation, afforded the 5.2. Each member of the Committee shall ure to do so shall, upon a finding to that ef- person an opportunity to address such con- be promptly furnished a copy of all nomina- fect by a majority of the members present, tempt recommendation or subpoena enforce- tions referred to the Committee. subject such counsel to disciplinary action 5.3. Nominees who are invited to appear be- ment proceeding either in writing or in per- which may include warning, censure, re- fore the Committee shall be heard in public son, and agreed by majority vote of the Com- moval, or a recommendation of contempt session, except as provided in Rule 2.1. mittee to forward such recommendation to proceedings. the Senate. 5.4. No confirmation hearing shall be held (d) Role of Counsel for Witness. There shall 8.10. Release of Name of Witness.—Unless sooner than seven days after receipt of the be no direct or cross-examination by counsel authorized by the Chairman, the name of background and financial disclosure state- for the witness. However, counsel for the any witness scheduled to be heard by the ment unless the time limit is waived by a witness may submit any question in writing Committee shall not be released prior to, or majority vote of the Committee. to the Committee and request the Com- 5.5. The Committee vote on the confirma- after, appearing before the Committee. Upon mittee to propound such question to the tion shall not be sooner than 48 hours after authorization by the Chairman to release the counsel’s client or to any other witness. The the Committee has received transcripts of name of a witness under this paragraph, the counsel for the witness also may suggest the the confirmation hearing unless the time Vice Chairman shall be notified of such au- presentation of other evidence or the calling limit is waived by unanimous consent of the thorization as soon as practicable thereafter. of other witnesses. The Committee may use Committee. No name of any witness shall be released if or dispose of such questions or suggestions 5.6. No nomination shall be reported to the such release would disclose classified infor- as it deems appropriate. Senate unless the nominee has filed a re- 8.5. Statements by Witnesses.—Witnesses mation, unless authorized under Section 8 of sponse to the Committee’s background ques- may make brief and relevant statements at S. Res. 400 of the 94th Congress or Rule 9.7. tionnaire and financial disclosure statement the beginning and conclusion of their testi- RULE 9. PROCEDURES FOR HANDLING CLASSIFIED with the Committee. mony. Such statements shall not exceed a OR COMMITTEE SENSITIVE MATERIAL RULE 6. INVESTIGATIONS reasonable period of time as determined by 9.1. Committee staff offices shall operate No investigation shall be initiated by the the Chairman, or other presiding members. under strict security procedures adminis- Committee unless at least five members of Any witness required or desiring to make a tered by the Committee Security Director the Committee have specifically requested prepared or written statement for the record under the direct supervision of the Staff Di- the Chairman or the Vice Chairman to au- of the proceedings shall file a paper and elec- rector and Minority Staff Director. At least thorize such an investigation. Authorized in- tronic copy with the Clerk of the Committee, one United States Capitol Police Officer vestigations may be conducted by members and insofar as practicable and consistent shall be on duty at all times at the entrance

VerDate Sep 11 2014 02:33 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.031 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S210 CONGRESSIONAL RECORD — SENATE January 15, 2019 of the Committee to control entry. Before Senate, provided that the following condi- Chairman, acting jointly, or, at the initia- entering the Committee office space all per- tions are met: (1) for classified information, tive of both or either be confirmed by a ma- sons shall identify themselves and provide the recipients of the information must pos- jority vote of the Committee. After approval identification as requested. sess appropriate security clearances (or have or confirmation, the Chairman shall certify 9.2. Classified documents and material access to the information by virtue of their Committee staff appointments to the Finan- shall be stored in authorized security con- office); (2) for all information, the recipients cial Clerk of the Senate in writing. No Com- tainers located within the Committee’s Sen- of the information must have a need-to-know mittee staff shall be given access to any sitive Compartmented Information Facility such information for an official govern- classified information or regular access to (SCIF). Copying, duplicating, or removing mental purpose; and (3) for all information, the Committee offices until such Committee from the Committee offices of such docu- the Committee members and staff who pro- staff has received an appropriate security ments and other materials is strictly prohib- vide the information must be engaged in the clearance as described in Section 6 of S. Res. ited except as is necessary for the conduct of routine performance of Committee legisla- 400 of the 94th Congress. Committee business, and as provided by tive or oversight duties. Otherwise, classified 10.3. The Committee staff works for the these Rules. All classified documents or ma- and committee sensitive information may Committee as a whole, under the supervision terials removed from the Committee offices only be disclosed to persons outside the Com- of the Chairman and Vice Chairman of the for such authorized purposes must be re- mittee (to include any congressional com- Committee. The duties of the Committee turned to the Committee’s SCIF for over- mittee, Member of Congress, congressional staff shall be performed, and Committee night storage. staff, or specified non-governmental persons staff personnel affairs and day-to-day oper- 9.3. ‘‘Committee sensitive’’ means informa- who support intelligence activities) with the ations, including security and control of tion or material that pertains to the con- prior approval of the Chairman and Vice classified documents and material, shall be fidential business or proceedings of the Se- Chairman of the Committee, or the Staff Di- administered under the direct supervision lect Committee on Intelligence, within the rector and Minority Staff Director acting on and control of the Staff Director. All Com- meaning of paragraph 5 of Rule XXIX of the their behalf, consistent with the require- mittee staff shall work exclusively on intel- Standing Rules of the Senate, and is: (1) in ments that classified information may only ligence oversight issues for the Committee. the possession or under the control of the be disclosed to persons with appropriate se- The Minority Staff Director and the Minor- Committee; (2) discussed or presented in an curity clearances and a need-to-know such ity Counsel shall be kept fully informed re- executive session of the Committee; (3) the information for an official governmental garding all matters and shall have access to work product of a Committee member or purpose. Public disclosure of classified infor- all material in the files of the Committee. staff member; (4) properly identified or mation in the possession of the Committee 10.4. The Committee staff shall assist the marked by a Committee member or staff may only be authorized in accordance with minority as fully as the majority in the ex- member who authored the document; or (5) Section 8 of S. Res. 400 of the 94th Congress. pression of minority views, including assist- designated as such by the Chairman and Vice 9.8. Failure to abide by Rule 9.7 shall con- ance in the preparation and filing of addi- Chairman (or by the Staff Director and Mi- stitute grounds for referral to the Select tional, separate, and minority views, to the nority Staff Director acting on their behalf). Committee on Ethics pursuant to Section 8 end that all points of view may be fully con- Committee sensitive documents and mate- of S. Res. 400 of the 94th Congress. Prior to sidered by the Committee and the Senate. rials that are classified shall be handled in a referral to the Select Committee on Ethics 10.5. The members of the Committee staff the same manner as classified documents pursuant to Section 8 of S. Res. 400, the shall not discuss either the substance or pro- and material in Rule 9.2. Unclassified com- Chairman and Vice Chairman shall notify cedure of the work of the Committee with mittee sensitive documents and materials the Majority Leader and Minority Leader. any person not a member of the Committee shall be stored in a manner to protect 9.9. Before the Committee makes any deci- or the Committee staff for any purpose or in against unauthorized disclosure. sion regarding the disposition of any testi- connection with any proceeding, judicial or 9.4. Each member of the Committee shall mony, papers, or other materials presented otherwise, either during their tenure as a at all times have access to all papers and to it, the Committee members shall have a member of the Committee staff or at any other material received from any source. reasonable opportunity to examine all perti- time thereafter, except as directed by the The Staff Director shall be responsible for nent testimony, papers, and other materials Committee in accordance with Section 8 of the maintenance, under appropriate security that have been obtained by the members of S. Res. 400 of the 94th Congress and the pro- procedures, of a document control and ac- the Committee or the Committee staff. visions of these rules, or in the event of the countability registry which will number and 9.10. Attendance of persons outside the termination of the Committee, in such a identify all classified papers and other clas- Committee at closed meetings of the Com- manner as may be determined by the Senate. sified materials in the possession of the mittee shall be kept at a minimum and shall The Chairman may authorize the Staff Di- Committee, and such registry shall be avail- be limited to persons with appropriate secu- rector and the Staff Director’s designee, and able to any member of the Committee. rity clearance and a need-to-know the infor- the Vice Chairman may authorize the Minor- 9.5. Whenever the Select Committee on In- mation under consideration for the execu- ity Staff Director and the Minority Staff Di- telligence makes classified material avail- tion of their official duties. The Security Di- rector’s designee, to communicate with the able to any other committee of the Senate or rector of the Committee may require that media in a manner that does not divulge to any member of the Senate not a member notes taken at such meetings by any person classified or committee sensitive informa- of the Committee, such material shall be ac- in attendance shall be returned to the secure tion. companied by a verbal or written notice to 10.6. No member of the Committee staff storage area in the Committee’s offices at the recipients advising of their responsi- shall be employed by the Committee unless the conclusion of such meetings, and may be bility to protect such materials pursuant to and until such a member of the Committee made available to the department, agency, section 8 of S. Res. 400 of the 94th Congress. staff agrees in writing, as a condition of em- office, committee, or entity concerned only The Security Director of the Committee ployment, to abide by the conditions of the in accordance with the security procedures shall ensure that such notice is provided and nondisclosure agreement promulgated by the of the Committee. shall maintain a written record identifying 9.11 Attendance of agencies or entities that Select Committee on Intelligence, pursuant the particular information transmitted and were not formally invited to a closed pro- to Section 6 of S. Res. 400 of the 94th Con- the committee or members of the Senate re- ceeding of the Committee shall not be admit- gress, and to abide by the Committee’s code ceiving such information. ted to the closed meeting except upon ad- of conduct. 9.6. Access to classified information sup- 10.7. As a precondition for employment on vance permission from the Chairman and plied to the Committee shall be limited to the Committee, each member of the Com- Vice Chairman, or by the Staff Director and those Committee staff members with appro- mittee staff must agree in writing to notify Minority Staff Director acting on their be- priate security clearance and a need-to- the Committee of any request for testimony, half. know, as determined by the Committee, and, either during service as a member of the under the Committee’s direction, the Staff RULE 10. STAFF Committee staff or at any time thereafter Director and Minority Staff Director. 10.1. For purposes of these rules, Com- with respect to information obtained by vir- 9.7. No member of the Committee or of the mittee staff includes employees of the Com- tue of employment as a member of the Com- Committee staff shall disclose, in whole or in mittee, consultants to the Committee, or mittee staff. Such information shall not be part or by way of summary, the contents of any other person engaged by contract or oth- disclosed in response to such requests, except any classified or committee sensitive papers, erwise to perform services for or at the re- as directed by the Committee in accordance materials, briefings, testimony, or other in- quest of the Committee. To the maximum with Section 8 of S. Res. 400 of the 94th Con- formation received by, or in the possession extent practicable, the Committee shall rely gress and the provisions of these rules or, in of, the Committee to any other person, ex- on its full-time employees to perform all the event of the termination of the Com- cept as specified in this rule. Committee staff functions. No individual may be re- mittee, in such manner as may be deter- members and staff do not need prior approval tained as staff of the Committee or to per- mined by the Senate. to disclose classified or committee sensitive form services for the Committee unless that 10.8. The Committee shall immediately information to persons in the Executive individual holds appropriate security clear- consider action to be taken in the case of branch, the members and staff of the House ances. any member of the Committee staff who fails Permanent Select Committee on Intel- 10.2. The appointment of Committee staff to conform to any of these Rules. Such dis- ligence, and the members and staff of the shall be approved by the Chairman and Vice ciplinary action may include, but shall not

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be limited to, revocation of the Committee RULE 13. COMMITTEE TRAVEL Committee and shall not be counted for pur- sponsorship of the staff person’s security No member of the Committee or Com- poses of determining a quorum. clearance and immediate dismissal from the mittee Staff shall travel on Committee busi- (b) At the beginning of each Congress, the Committee staff. ness unless specifically authorized by the Majority Leader of the Senate shall select a 10.9. Within the Committee staff shall be Chairman and Vice Chairman. Requests for chairman of the select Committee and the an element with the capability to perform authorization of such travel shall state the Minority Leader shall select a vice chairman audits of programs and activities undertaken purpose and extent of the trip. A full report for the select Committee. The vice chairman by departments and agencies with intel- shall be filed with the Committee when trav- shall act in the place and stead of the chair- ligence functions. The audit element shall el is completed. man in the absence of the chairman. Neither conduct audits and oversight projects that the chairman nor the vice chairman of the RULE 14. SUSPENSION AND AMENDMENT OF THE have been specifically authorized by the select committee shall at the same time RULES Chairman and Vice Chairman of the Com- serve as chairman or ranking minority mem- mittee, acting jointly through the Staff Di- (a) These Rules may be modified, amended, ber of any other committee referred to in rector and Minority Staff Director. Staff or repealed by the Committee, provided that paragraph 4(e)(1) of rule XXV of the Standing shall be assigned to such element jointly by a notice in writing of the proposed change Rules of the Senate. the Chairman and Vice Chairman, and staff has been given to each member at least 48 (c) The select Committee may be organized with the principal responsibility for the con- hours prior to the meeting at which action into subcommittees. Each subcommittee duct of an audit shall be qualified by train- thereon is to be taken. shall have a chairman and a vice chairman ing or experience in accordance with accept- (b) These Rules shall continue and remain who are selected by the Chairman and Vice ed auditing standards. in effect from one Congress to the next Con- Chairman of the select Committee, respec- 10.10. The workplace of the Committee gress unless they are changed as provided tively. shall be free from illegal use, possession, herein. SEC. 3. (a) There shall be referred to the sale, or distribution of controlled substances APPENDIX A select committee all proposed legislation, by its employees. Any violation of such pol- S. RES. 400, 94TH CONG., 2D SESS. (1976)[1] messages, petitions, memorials, and other icy by any member of the Committee staff matters relating to the following: Resolved, That it is the purpose of this res- shall be grounds for termination of employ- (1) The Office of the Director of National olution to establish a new select committee ment. Further, any illegal use of controlled Intelligence and the Director of National In- of the Senate, to be known as the Select substances by a member of the Committee telligence. Committee on Intelligence, to oversee and staff, within the workplace or otherwise, (2) The Central Intelligence Agency and make continuing studies of the intelligence shall result in reconsideration of the secu- the Director of the Central Intelligence activities and programs of the United States rity clearance of any such staff member and Agency. Government, and to submit to the Senate ap- may constitute grounds for termination of (3) Intelligence activities of all other de- propriate proposals for legislation and report employment with the Committee. partments and agencies of the Government, 10.11. All personnel actions affecting the to the Senate concerning such intelligence including, but not limited to, the intel- staff of the Committee shall be made free activities and programs. In carrying out this ligence activities of the Defense Intelligence from any discrimination based on race, purpose, the Select Committee on Intel- Agency, the National Security Agency, and color, religion, sex, national origin, age, ligence shall make every effort to assure other agencies of the Department of Defense; handicap, or disability. that the appropriate departments and agen- the Department of State; the Department of cies of the United States provide informed Justice; and the Department of the Treas- RULE 11. PREPARATION FOR COMMITTEE and timely intelligence necessary for the ex- MEETINGS ury. ecutive and legislative branches to make (4) The organization or reorganization of 11.1. Under direction of the Chairman and sound decisions affecting the security and any department or agency of the Govern- the Vice Chairman designated Committee vital interests of the Nation. It is further the ment to the extent that the organization or staff members shall brief members of the purpose of this resolution to provide vigilant reorganization relates to a function or activ- Committee at a time sufficiently prior to legislative oversight over the intelligence ity involving intelligence activities. any Committee meeting to assist the Com- activities of the United States to assure that (5) Authorizations for appropriations, both mittee members in preparation for such such activities are in conformity with the direct and indirect, for the following: meeting and to determine any matter which Constitution and laws of the United States. (A) The Office of the Director of National the Committee member might wish consid- SEC. 2. (a)(1) There is hereby established a Intelligence and the Director of National In- ered during the meeting. Such briefing shall, select committee to be known as the Select telligence. at the request of a member, include a list of Committee on Intelligence (hereinafter in (B) The Central Intelligence Agency and all pertinent papers and other materials that this resolution referred to as the ‘‘select the Director of the Central Intelligence have been obtained by the Committee that committee’’). The select committee shall be Agency. bear on matters to be considered at the composed of not to exceed fifteen Members (C) The Defense Intelligence Agency. meeting. appointed as follows: (D) The National Security Agency. 11.2. The Staff Director and/or Minority (A) two members from the Committee on (E) The intelligence activities of other Staff Director may recommend to the Chair- Appropriations; agencies and subdivisions of the Department man and the Vice Chairman the testimony, (B) two members from the Committee on of Defense. papers, and other materials to be presented Armed Services; (F) The intelligence activities of the De- to the Committee at any meeting. The deter- (C) two members from the Committee on partment of State. mination whether such testimony, papers, Foreign Relations; (G) The intelligence activities of the Fed- and other materials shall be presented in (D) two members from the Committee on eral Bureau of Investigation. open or executive session shall be made pur- the Judiciary; and (H) Any department, agency, or subdivi- suant to the Rules of the Senate and Rules of (E) not to exceed seven members to be ap- sion which is the successor to any agency the Committee. pointed from the Senate at large. named in clause (A), (B), (C) or (D); and the 11.3. The Staff Director shall ensure that (2) Members appointed from each com- activities of any department, agency, or sub- covert action programs of the U.S. Govern- mittee named in clauses (A) through (D) of division which is the successor to any de- ment receive appropriate consideration by paragraph (1) shall be evenly divided between partment, agency, bureau, or subdivision the Committee no less frequently than once the two major political parties and shall be named in clause (E), (F), or (G) to the extent a quarter. appointed by the President pro tempore of that the activities of such successor depart- RULE 12. LEGISLATIVE CALENDAR the Senate upon the recommendations of the ment, agency, or subdivision are activities 12.1. The Clerk of the Committee shall majority and minority leaders of the Senate. described in clause (E), (F), or (G). maintain a printed calendar for the informa- Of any members appointed under paragraph (b)(1) Any proposed legislation reported by tion of each Committee member showing the (1)(E), the majority leader shall appoint the the select Committee except any legislation measures introduced and referred to the majority members and the minority leader involving matters specified in clause (1), (2), Committee and the status of such measures; shall appoint the minority members, with (5)(A), or (5)(B) of subsection (a), containing nominations referred to the Committee and the majority having a one vote margin. any matter otherwise within the jurisdiction their status; and such other matters as the (3)(A) The majority leader of the Senate of any standing committee shall, at the re- Committee determines shall be included. The and the minority leader of the Senate shall quest of the chairman of such standing com- Calendar shall be revised from time to time be ex officio members of the select com- mittee, be referred to such standing com- to show pertinent changes. A copy of each mittee but shall have no vote in the Com- mittee for its consideration of such matter such revision shall be furnished to each mittee and shall not be counted for purposes and be reported to the Senate by such stand- member of the Committee. of determining a quorum. ing committee within 10 days after the day 12.2. Measures referred to the Committee (B) The Chairman and Ranking Member of on which such proposed legislation, in its en- may be referred by the Chairman and/or Vice the Committee on Armed Services (if not al- tirety and including annexes, is referred to Chairman to the appropriate department or ready a member of the select Committee) such standing committee; and any proposed agency of the Government for reports there- shall be ex officio members of the select legislation reported by any committee, other on. Committee but shall have no vote in the than the select Committee, which contains

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.033 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S212 CONGRESSIONAL RECORD — SENATE January 15, 2019 any matter within the jurisdiction of the se- the public disclosure in such reports of the SEC. 8. (a) The select committee may, sub- lect Committee shall, at the request of the names of individuals engaged in intelligence ject to the provisions of this section, disclose chairman of the select Committee, be re- activities for the United States or the di- publicly any information in the possession of ferred to the select Committee for its consid- vulging of intelligence methods employed or such committee after a determination by eration of such matter and be reported to the the sources of information on which such re- such committee that the public interest Senate by the select Committee within 10 ports are based or the amount of funds au- would be served by such disclosure. When- days after the day on which such proposed thorized to be appropriated for intelligence ever committee action is required to disclose legislation, in its entirety and including an- activities. any information under this section, the com- nexes, is referred to such committee. (c) On or before March 15 of each year, the mittee shall meet to vote on the matter (2) In any case in which a committee fails select committee shall submit to the Com- within five days after any member of the to report any proposed legislation referred to mittee on the Budget of the Senate the views committee requests such a vote. No member it within the time limit prescribed in this and estimates described in section 301(c) of of the select committee shall disclose any in- subsection, such Committee shall be auto- the Congressional Budget Act of 1974 regard- formation, the disclosure of which requires a matically discharged from further consider- ing matters within the jurisdiction of the se- committee vote, prior to a vote by the com- ation of such proposed legislation on the 10th lect committee. mittee on the question of the disclosure of day following the day on which such pro- SEC. 5. (a) For the purposes of this resolu- such information or after such vote except in posed legislation is referred to such com- tion, the select committee is authorized in accordance with this section. mittee unless the Senate provides otherwise, its discretion (1) to make investigations into (b)(1) In any case in which the select com- or the Majority Leader or Minority Leader any matter within its jurisdiction, (2) to mittee votes to disclose publicly any infor- request, prior to that date, an additional 5 make expenditures from the contingent fund mation which has been classified under es- days on behalf of the Committee to which of the Senate, (3) to employ personnel, (4) to tablished security procedures, which has been submitted to it by the Executive the proposed legislation was sequentially re- hold hearings, (5) to sit and act at any time branch, and which the Executive branch re- ferred. At the end of that additional 5 day or place during the sessions, recesses, and quests be kept secret, such committee period, if the Committee fails to report the adjourned periods of the Senate, (6) to re- shall— proposed legislation within that 5 day pe- quire, by subpoena or otherwise, the attend- ance of witnesses and the production of cor- (A) first, notify the Majority Leader and riod, the Committee shall be automatically Minority Leader of the Senate of such vote; respondence, books, papers, and documents, discharged from further consideration of and such proposed legislation unless the Senate (7) to take depositions and other testimony, (B) second, consult with the Majority provides otherwise. (8) to procure the service of individual con- Leader and Minority Leader before notifying (3) In computing any 10 or 5 day period sultants or organizations thereof, in accord- the President of such vote. under this subsection there shall be excluded ance with the provisions of section 202(i) of (2) The select committee may disclose pub- from such computation any days on which the Legislative Reorganization Act of 1946, licly such information after the expiration of the Senate is not in session. and (9) with the prior consent of the govern- a five-day period following the day on which (4) The reporting and referral processes ment department or agency concerned and notice of such vote is transmitted to the Ma- outlined in this subsection shall be con- the Committee on Rules and Administration, jority Leader and the Minority Leader and ducted in strict accordance with the Stand- to use on a reimbursable basis the services of the President, unless, prior to the expiration ing Rules of the Senate. In accordance with personnel of any such department or agency. of such five-day period, the President, per- such rules, committees to which legislation (b) The chairman of the select committee sonally in writing, notifies the committee is referred are not permitted to make or any member thereof may administer that he objects to the disclosure of such in- changes or alterations to the text of the re- oaths to witnesses. formation, provides his reasons therefore, ferred bill and its annexes, but may propose (c) Subpoenas authorized by the select and certifies that the threat to the national changes or alterations to the same in the committee may be issued over the signature interest of the United States posed by such form of amendments. of the chairman, the vice chairman or any disclosure is of such gravity that it out- (c) Nothing in this resolution shall be con- member of the select committee designated weighs any public interest in the disclosure. strued as prohibiting or otherwise restrict- by the chairman, and may be served by any (3) If the President, personally, in writing, ing the authority of any other committee to person designated by the chairman or any notifies the Majority Leader and Minority study and review any intelligence activity to member signing the subpoenas. Leader of the Senate and the select Com- the extent that such activity directly affects SEC. 6. No employee of the select com- mittee of his objections to the disclosure of a matter otherwise within the jurisdiction of mittee or any person engaged by contract or such information as provided in paragraph such committee. otherwise to perform services for or at the (2), the Majority Leader and Minority Leader (d) Nothing in this resolution shall be con- request of such committee shall be given ac- jointly or the select Committee, by majority strued as amending, limiting, or otherwise cess to any classified information by such vote, may refer the question of the disclo- changing the authority of any standing com- committee unless such employee or person sure of such information to the Senate for mittee of the Senate to obtain full and has (1) agreed in writing and under oath to consideration. prompt access to the product of the intel- be bound by the rules of the Senate (includ- (4) Whenever the select committee votes to ligence activities of any department or agen- ing the jurisdiction of the Select Committee refer the question of disclosure of any infor- cy of the Government relevant to a matter on Ethics) and of such committee as to the mation to the Senate under paragraph (3), otherwise within the jurisdiction of such security of such information during and the Chairman shall not later than the first committee. after the period of his employment or con- day on which the Senate is in session fol- SEC. 4. (a) The select committee, for the tractual agreement with such committee; lowing the day on which the vote occurs, re- purposes of accountability to the Senate, and (2) received an appropriate security port the matter to the Senate for its consid- shall make regular and periodic, but not less clearance as determined by such committee eration. (5) One hour after the Senate convenes on than quarterly, reports to the Senate on the in consultation with the Director of National the fourth day on which the Senate is in ses- nature and extent of the intelligence activi- Intelligence. The type of security clearance sion following the day on which any such ties of the various departments and agencies to be required in the case of any such em- matter is reported to the Senate, or at such of the United States. Such committee shall ployee or person shall, within the determina- earlier time as the majority leader and the promptly call to the attention of the Senate tion of such committee in consultation with minority leader of the Senate jointly agree or to any other appropriate committee or the Director of National Intelligence, be upon in accordance with paragraph 5 of rule committees of the Senate any matters re- commensurate with the sensitivity of the XVII of the Standing Rules of the Senate, quiring the attention of the Senate or such classified information to which such em- the Senate shall go into closed session and other committee or committees. In making ployee or person will be given access by such the matter shall be the pending business. In such report, the select committee shall pro- committee. considering the matter in closed session the SEC. 7. The select committee shall formu- ceed in a manner consistent with section Senate may— 8(c)(2) to protect national security. late and carry out such rules and procedures (A) approve the public disclosure of all or (b) The select committee shall obtain an as it deems necessary to prevent the disclo- any portion of the information in question, annual report from the Director of National sure, without the consent of the person or in which case the committee shall publicly Intelligence, the Director of the Central In- persons concerned, of information in the pos- disclose the information ordered to be dis- telligence Agency, the Secretary of Defense, session of such committee which unduly in- closed, the Secretary of State, and the Director of fringes upon the privacy or which violates (B) disapprove the public disclosure of all the Federal Bureau of Investigation. Such the constitutional rights of such person or or any portion of the information in ques- reports shall review the intelligence activi- persons. Nothing herein shall be construed to tion, in which case the committee shall not ties of the agency or department concerned prevent such committee from publicly dis- publicly disclose the information ordered not and the intelligence activities of foreign closing any such information in any case in to be disclosed, or countries directed at the United States or its which such committee determines the na- (C) refer all or any portion of the matter interest. An unclassified version of each re- tional interest in the disclosure of such in- back to the committee, in which case the port may be made available to the public at formation clearly outweighs any infringe- committee shall make the final determina- the discretion of the select committee. Noth- ment on the privacy of any person or per- tion with respect to the public disclosure of ing herein shall be construed as requiring sons. the information in question.

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(a) It is the sense of the Senate eign intelligence agencies; majority and minority leaders in accordance that the head of each department and agency (4) the conduct of covert and clandestine with paragraph 5 of rule XVII of the Stand- of the United States should keep the select activities and the procedures by which Con- ing Rules of the Senate (whichever the case committee fully and currently informed with gress is informed of such activities; may be), the Senate shall immediately vote respect to intelligence activities, including (5) the desirability of changing any law, on the disposition of such matter in open any significant anticipated activities, which Senate rule or procedure, or any Executive session, without debate, and without divulg- are the responsibility of or engaged in by order, rule, or regulation to improve the pro- ing the information with respect to which such department or agency: Provided, That tection of intelligence secrets and provide the vote is being taken. The Senate shall this does not constitute a condition prece- for disclosure of information for which there vote to dispose of such matter by one or dent to the implementation of any such an- is no compelling reason for secrecy; more of the means specified in clauses (A), ticipated intelligence activity. (6) the desirability of establishing a stand- (B), and (C) of the second sentence of this (b) It is the sense of the Senate that the ing committee of the Senate on intelligence paragraph. Any vote of the Senate to dis- head of any department or agency of the activities; close any information pursuant to this para- United States involved in any intelligence (7) the desirability of establishing a joint graph shall be subject to the right of a Mem- activities should furnish any information or committee of the Senate and the House of ber of the Senate to move for reconsider- document in the possession, custody, or con- Representatives on intelligence activities in ation of the vote within the time and pursu- trol of the department or agency, or person lieu of having separate committees in each ant to the procedures specified in rule XIII of paid by such department or agency, when- House of Congress, or of establishing proce- the Standing Rules of the Senate, and the ever requested by the select committee with dures under which separate committees on disclosure of such information shall be made respect to any matter within such commit- intelligence activities of the two Houses of consistent with that right. tee’s jurisdiction. Congress would receive joint briefings from (c)(1) No information in the possession of (c) It is the sense of the Senate that each the intelligence agencies and coordinate the select committee relating to the lawful department and agency of the United States their policies with respect to the safe- intelligence activities of any department or should report immediately upon discovery to guarding of sensitive intelligence informa- agency of the United States which has been the select committee any and all intel- tion; classified under established security proce- ligence activities which constitute viola- (8) the authorization of funds for the intel- dures and which the select committee, pur- tions of the constitutional rights of any per- ligence activities of the Government and suant to subsection (a) or (b) of this section, son, violations of law, or violations of Execu- whether disclosure of any of the amounts of has determined should not be disclosed shall tive orders, Presidential directives, or de- such funds is in the public interest; and be made available to any person by a Mem- partmental or agency rules or regulations; (9) the development of a uniform set of ber, officer, or employee of the Senate except each department and agency should further definitions for terms to be used in policies or in a closed session of the Senate or as pro- report to such committee what actions have guidelines which may be adopted by the ex- vided in paragraph (2). been taken or are expected to be taken by ecutive or legislative branches to govern, (2) The select committee may, under such the departments or agencies with respect to clarify, and strengthen the operation of in- regulations as the committee shall prescribe such violations. telligence activities. to protect the confidentiality of such infor- SEC. 12. Subject to the Standing Rules of (b) The select committee may, in its dis- mation, make any information described in the Senate, no funds shall be appropriated cretion, omit from the special study required paragraph (1) available to any other com- for any fiscal year beginning after Sep- by this section any matter it determines has mittee or any other Member of the Senate. tember 30, 1976, with the exception of a con- been adequately studied by the Select Com- Whenever the select committee makes such tinuing bill or resolution, or amendment mittee To Study Governmental Operations information available, the committee shall thereto, or conference report thereon, to, or With Respect to Intelligence Activities, es- keep a written record showing, in the case of for use of, any department or agency of the tablished by Senate Resolution 21, Ninety- any particular information, which com- United States to carry out any of the fol- fourth Congress. mittee or which Members of the Senate re- lowing activities, unless such funds shall (c) The select committee shall report the ceived such information. No Member of the have been previously authorized by a bill or results of the study provided for by this sec- Senate who, and no committee which, re- joint resolution passed by the Senate during tion to the Senate, together with any rec- ceives any information under this sub- the same or preceding fiscal year to carry ommendations for legislative or other ac- section, shall disclose such information ex- out such activity for such fiscal year: tions it deems appropriate, no later than (1) The activities of the Office of the Direc- cept in a closed session of the Senate. July 1, 1977, and from time to time there- (d) It shall be the duty of the Select Com- tor of National Intelligence and the Director after as it deems appropriate. mittee on Ethics to investigate any unau- of National Intelligence. SEC. 14. (a) As used in this resolution, the (2) The activities of the Central Intel- thorized disclosure of intelligence informa- term ‘‘intelligence activities’’ includes (1) ligence Agency and the Director of the Cen- tion by a Member, officer or employee of the the collection, analysis, production, dissemi- tral Intelligence Agency. nation, or use of information which relates Senate in violation of subsection (c) and to (3) The activities of the Defense Intel- report to the Senate concerning any allega- to any foreign country, or any government, ligence Agency. political group, party, military force, move- tion which it finds to be substantiated. (4) The activities of the National Security (e) Upon the request of any person who is ment, or other association in such foreign Agency. country, and which relates to the defense, subject to any such investigation, the Select (5) The intelligence activities of other foreign policy, national security, or related Committee on Ethics shall release to such agencies and subdivisions of the Department policies of the United States, and other ac- individual at the conclusion of its investiga- of Defense. tion a summary of its investigation together (6) The intelligence activities of the De- tivity which is in support of such activities; with its findings. If, at the conclusion of its partment of State. (2) activities taken to counter similar activi- investigation, the Select Committee on Eth- (7) The intelligence activities of the Fed- ties directed against the United States; (3) ics determines that there has been a signifi- eral Bureau of Investigation. covert or clandestine activities affecting the cant breach of confidentiality or unauthor- SEC. 13. (a) The select committee shall relations of the United States with any for- ized disclosure by a Member, officer, or em- make a study with respect to the following eign government, political group, party, ployee of the Senate, it shall report its find- matters, taking into consideration with re- military force, movement or other associa- ings to the Senate and recommend appro- spect to each such matter, all relevant as- tion; (4) the collection, analysis, production, priate action such as censure, removal from pects of the effectiveness of planning, gath- dissemination, or use of information about committee membership, or expulsion from ering, use, security, and dissemination of in- activities of persons within the United the Senate, in the case of a Member, or re- telligence: States, its territories and possessions, or na- moval from office or employment or punish- (1) the quality of the analytical capabili- tionals of the United States abroad whose ment for contempt, in the case of an officer ties of United States foreign intelligence political and related activities pose, or may or employee. agencies and means for integrating more be considered by any department, agency, SEC. 9. The select committee is authorized closely analytical intelligence and policy bureau, office, division, instrumentality, or to permit any personal representative of the formulation; employee of the United States to pose, a President, designated by the President to (2) the extent and nature of the authority threat to the internal security of the United serve as a liaison to such committee, to at- of the departments and agencies of the Exec- States, and covert or clandestine activities tend any closed meeting of such committee. utive branch to engage in intelligence activi- directed against such persons. Such term SEC. 10. Upon expiration of the Select ties and the desirability of developing char- does not include tactical foreign military in- Committee on Governmental Operations ters for each intelligence agency or depart- telligence serving no national policymaking With Respect to Intelligence Activities, es- ment; function.

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.036 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S214 CONGRESSIONAL RECORD — SENATE January 15, 2019 (b) As used in this resolution, the term ‘‘(2) If, upon the expiration of the period (b) Jurisdiction.—The Subcommittee on ‘‘department or agency’’ includes any orga- described in paragraph (1), the Select Com- Intelligence of the Committee on Appropria- nization, committee, council, establishment, mittee has not reported the nomination, tions shall have jurisdiction over funding for or office within the Federal Government. such nomination shall be automatically dis- intelligence matters, as determined by the (c) For purposes of this resolution, ref- charged from the Select Committee and Senate Committee on Appropriations. erence to any department, agency, bureau, placed on the Executive Calendar. APPENDIX C or subdivision shall include a reference to ‘‘(c)(1) With respect to the confirmation of RULE 26.5(B) OF THE STANDING RULES OF THE any successor department, agency, bureau, appointment to the position of Director of SENATE or subdivision to the extent that such suc- the National Security Agency, Inspector cessor engages in intelligence activities now General of the National Security Agency, Di- (REFERRED TO IN COMMITTEE RULE 2.1) conducted by the department, agency, bu- rector of the National Reconnaissance Of- Each meeting of a committee, or any sub- reau, or subdivision referred to in this reso- fice, or Inspector General of the National Re- committee thereof, including meetings to lution. connaissance Office, or any successor posi- conduct hearings, shall be open to the public, SEC. 15. (a) In addition to other committee tion to such a position, the nomination of except that a meeting or series of meetings staff selected by the select Committee, the any individual by the President to serve in by a committee or a subcommittee thereof select Committee shall hire or appoint one such position, who at the time of the nomi- on the same subject for a period of no more employee for each member of the select nation is a member of the Armed Forces on than fourteen calendar days may be closed to Committee to serve as such Member’s des- active duty, shall be referred to the Com- the public on a motion made and seconded to ignated representative on the select Com- mittee on Armed Services and, if and when go into closed session to discuss only wheth- mittee. The select Committee shall only hire reported, to the Select Committee for not to er the matters enumerated in clauses (1) or appoint an employee chosen by the respec- exceed 30 calendar days, except that in cases through (6) would require the meeting to be tive Member of the select Committee for when the 30-day period expires while the closed, followed immediately by a record whom the employee will serve as the des- Senate is in recess, the Select Committee vote in open session by a majority of the ignated representative on the select Com- shall have 5 additional calendar days after members of the committee or subcommittee mittee. the Senate reconvenes to report the nomina- when it is determined that the matters to be (b) The select Committee shall be afforded discussed or the testimony to be taken at a supplement to its budget, to be determined tion. ‘‘(2) With respect to the confirmation of such meeting or meetings— by the Committee on Rules and Administra- (1) will disclose matters necessary to be tion, to allow for the hire of each employee appointment to the position of Director of kept secret in the interests of national de- who fills the position of designated rep- the National Security Agency, Inspector fense or the confidential conduct of the for- resentative to the select Committee. The General of the National Security Agency, Di- eign relations of the United States; designated representative shall have office rector of the National Reconnaissance Of- (2) will relate solely to matters of com- space and appropriate office equipment in fice, or Inspector General or the National mittee staff personnel or internal staff man- the select Committee spaces. Designated per- Reconnaissance Office, or any successor posi- agement or procedure; sonal representatives shall have the same ac- tion to such a position, the nomination of (3) will tend to charge an individual with cess to Committee staff, information, any individual by the President to serve in records, and databases as select Committee such position, who at the time of the nomi- crime or misconduct, to disgrace or injure staff, as determined by the Chairman and nation is not a member of the Armed Forces the professional standing of an individual, or Vice Chairman. on active duty, shall be referred to the Se- otherwise to expose an individual to public (c) The designated employee shall meet all lect Committee and, if and when reported, to contempt or obloquy, or will represent a the requirements of relevant statutes, Sen- the Committee on Armed Services for not to clearly unwarranted invasion of the privacy ate rules, and committee security clearance exceed 30 calendar days, except that in cases of an individual; requirements for employment by the select when the 30-day period expires while the (4) will disclose the identity of any in- Committee. Senate is in recess, the Committee on Armed former or law enforcement agent or will dis- (d) Of the funds made available to the se- Services shall have an additional 5 calendar close any information relating to the inves- lect Committee for personnel— days after the Senate reconvenes to report tigation or prosecution of a criminal offense (1) not more than 60 percent shall be under the nomination. that is required to be kept secret in the in- the control of the Chairman; and ‘‘(3) If, upon the expiration of the period of terests of effective law enforcement; (2) not less than 40 percent shall be under sequential referral described in paragraphs (5) will disclose information relating to the the control of the Vice Chairman. (1) and (2), the committee to which the nomi- trade secrets of financial or commercial in- SEC. 16. Nothing in this resolution shall be nation was sequentially referred has not re- formation pertaining specifically to a given construed as constituting acquiescence by ported the nomination, the nomination shall person if— the Senate in any practice, or in the conduct be automatically discharged from that com- (A) an Act of Congress requires the infor- of any activity, not otherwise authorized by mittee and placed on the Executive Cal- mation to be kept confidential by Govern- law. endar.’’. ment officers and employees; or SEC. 17. (a)(1) Except as provided in sub- APPENDIX B (B) the information has been obtained by sections (b) and (c), the Select Committee the Government on a confidential basis, INTELLIGENCE PROVISIONS IN S. RES. 445, 108TH shall have jurisdiction to review, hold hear- other than through an application by such CONG., 2D SESS. (2004) WHICH WERE NOT INCOR- ings, and report the nominations of civilian person for a specific Government financial or PORATED IN S. RES. 400, 94TH CONG., 2D SESS. individuals for positions in the intelligence other benefit, and is required to be kept se- (1976) community for which appointments are cret in order to prevent undue injury to the made by the President, by and with the ad- TITLE III—COMMITTEE STATUS competitive position of such person; or vice and consent of the Senate. Sec. 301(b) Intelligence.—The Select Com- (6) may divulge matters required to be ‘‘(2) Except as provided in subsections (b) mittee on Intelligence shall be treated as a kept confidential under other provisions of and (c), other committees with jurisdiction committee listed under paragraph 2 of rule law or Government regulations. over the department or agency of the Execu- XXV of the Standing Rules of the Senate for f tive Branch which contain a position re- purposes of the Standing Rules of the Sen- ferred to in paragraph (1) may hold hearings ate. TRIBUTE TO DR. CHI WANG and interviews with individuals nominated for such position, but only the Select Com- TITLE IV—INTELLIGENCE-RELATED Mr. RISCH. Madam President, today mittee shall report such nomination. SUBCOMMITTEES I wish to honor the long and distin- ‘‘(3) In this subsection, the term ‘intel- Sec. 401. Subcommittee Related to Intel- guished career of Chi Wang, Ph.D. The ligence community’ means an element of the ligence Oversight. year 2018 marked the 90th anniversary intelligence community specified in or des- (a) Establishment.—There is established in of the creation of the Chinese Section ignated under section 3(4) of the National Se- the Select Committee on Intelligence a Sub- at the U.S. Library of Congress in 1928. curity Act of 1947 (50 U.S.C. 3003(4)). committee on Oversight which shall be in ad- ‘‘(b)(1) With respect to the confirmation of dition to any other subcommittee estab- Dr. Wang spent nearly 50 years work- the Assistant Attorney General for National lished by the select Committee. ing at the Library of Congress, ulti- Security, or any successor position, the nom- (b) Responsibility.—The Subcommittee on mately serving as the head of the Chi- ination of any individual by the President to Oversight shall be responsible for ongoing nese and Korean section until his re- serve in such position shall be referred to the oversight of intelligence activities. tirement in 2004. Committee on the Judiciary and, if and when Sec. 402. Subcommittee Related to Intel- Dr. Chi Wang came to the United reported, to the Select Committee for not to ligence Appropriations. States from China as a high school stu- exceed 20 calendar days, except that in cases (a) Establishment.—There is established in dent in 1949. He completed his under- when the 20-day period expires while the the Committee on Appropriations a Sub- Senate is in recess, the Select Committee committee on Intelligence. The Committee graduate and graduate degrees in the shall have 5 additional calendar days after on Appropriations shall reorganize into 13 Washington, DC, area, ultimately earn- the Senate reconvenes to report the nomina- subcommittees as soon as possible after the ing a Ph.D. in American diplomatic tion. convening of the 109th Congress. history from Georgetown University in

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.037 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S215 1969. He also began pursuing his own agement and Comptroller. Mr. Newbold for the protection and safety of his American dream by becoming a U.S. is transitioning from his present as- community for many years. citizen, getting married, starting a signment to continue his selfless serv- Sheriff Wiley is a Marine Corps vet- family and starting a career at the Li- ice with the U.S. Corps of Engineers. eran and began his law enforcement ca- brary of Congress. A native of Florida, Mr. Newbold reer while attending advanced military Dr. Wang worked for 3 years at the joined the Department of Army in 2004 police training at Fort Gordon in Geor- State Department’s Foreign Service In- as an Army Materiel Command Fellow gia. He joined the Ascension Parish stitute before starting at the U.S. Li- upon graduation from Bethune- Sheriff’s Department in 1974 as a patrol brary of Congress. He served in several Cookman University with a bachelor’s officer and was quickly promoted to positions during his 47-year career at degree in computer information sys- the detective division in 1975, where he the Library and reached the position of tems. He also holds a masters of busi- specialized in juvenile justice. head of the Chinese and Korean section ness administration from Texas A&M- It was during this time that Sheriff in 1975, which he held until he retired. Texarkana and a master’s of profes- Wiley helped organize several initia- During his tenure, he expanded the li- sional studies in legislative affairs tives, including the Junior Deputy Pro- brary’s Chinese collection from 300,000 from the George Washington Univer- gram and the Sheriffs Young Adult volumes to more than 1 million. Under sity. League. He would later go on to serve his guidance, the Library of Congress Mr. Newbold has served in a broad on the Ascension Parish School Board, became a top resource for the study of range of assignments during his 15-year where he helped establish numerous China in the United States. Dr. Wang Army career. His assignments took programs, such as the Substance Abuse met with countless U.S. Representa- him to the most strategic locations re- Education Program and the placement tives, Senators, officials, and aca- sponsible for modernizing, equipping, of substance abuse counselors in the demics to help them effectively use the and empowering our Army soldiers to schools. Library resources. fight and win wars; Red River Army In 1988, he returned to the Ascension After President Nixon traveled to Depot, Texarkana, TX; Redstone Arse- Parish Sheriff’s Department and was China in 1972, Dr. Wang embarked on a nal, AL; the Pentagon; and the head- appointed chief criminal deputy. He trip to China in his role at the Library quarters of the United States Corps of spearheaded the department’s first full- of Congress to promote library and Engineers, Washington, DC. He has time narcotics division and the imple- educational exchanges. The trip was a held many positions, thriving in super- mentation of the D.A.R.E. program. great success, leading to future ex- visory positions hallmarked by his After being elected sheriff, he grew the changes, large book acquisitions, and servant leadership. patrol/traffic force by 40 percent, in- an increase in mutual understanding In 2018, I had the privilege of working creased police salaries, and put more between the U.S. and China during a with Mr. Newbold in my capacity as officers on the street. His first term very delicate time when the two coun- the chairman of the Senate Appropria- was so successful that he became the tries were only just beginning to estab- tions Committee Subcommittee on first sheriff in the history of Ascension lish ties. Military Construction, Veterans Af- Parish to be reelected without opposi- Although the Library of Congress fairs, and Related Agencies. Mr. New- tion. In 2009, he was inducted into the Chinese section was abolished and its bold worked tirelessly with Members of Louisiana Justice Hall of Fame. collection integrated into the larger Congress and their staffs to articulate It is because of his long list of accom- Asian division, the legacy of the Chi- the Army’s budget positions to the ap- plishments and good deeds that we nese collection and the contributions propriations committees. His profes- honor Sheriff Wiley. We thank him for Dr. Wang made to develop this impor- sionalism, diligence and commitment his commitment to the people of As- tant resource still remains. His efforts to the mission are unmatched, and his cension Parish and to the people of our over the years have helped deepen the work both as a fellow for Congressman State. Our communities are safer be- U.S. understanding of China, some- SANFORD BISHOP and as a budget liai- cause of his dedication to the rule of thing that is especially necessary son effectively represented the U.S. law. Thank you, Sheriff Wiley, for 22 today. Professor Wang continues to Army and the Department of Defense years in office and for a lifetime of dedicate his time to improving U.S.- to the U.S. Congress. service to Ascension Parish and to China mutual understanding as the co- Throughout his career, Mr. Newbold Louisiana.∑ founder and president of the Wash- has made positive impacts on the lives f ington, DC-based nonprofit, the U.S.- of soldiers, peers, and superiors. Our TRIBUTE TO SUSAN MCVEY China Policy Foundation. He also con- country has benefited tremendously ∑ tributes his own scholarship in the from his extraordinary leadership, Mr. INHOFE. Madam President, I field, having published multiple books judgment, and passion. I join my col- would like to offer my congratulations and articles on U.S.-China relations. leagues today in honoring his dedica- to Susan McVey, a fellow Oklahoman, Dr. Wang still remembers fondly his tion to our Nation and invaluable serv- on her exemplary service to the State decades working at the Library of Con- ice to the U.S. Congress as an Army of Oklahoma as a dedicated librarian gress. What started simply as a job Congressional Liaison. for the past 32 years. turned into a career and lifelong pas- It was a genuine pleasure to have Ms. McVey’s distinguished and hon- sion. He especially enjoyed the times worked with Mr. Patrick Newbold over orable record of leadership within the he met with various Members of Con- the last year. On behalf of a grateful Oklahoma Department of Libraries is a gress. nation, I join my colleagues today in model for future generations. Her ef- As we, again, face a challenging time recognizing and commending Patrick fort to bring access to online reference in U.S.-China relations, the resources for his service to our country, and we and information resources for all Okla- and information available in the Li- wish him all the best as he continues homa libraries and schools continues brary of Congress can help in providing his service in the U.S. Army. to impress. Additionally, thousands of Oklahomans have been granted access increasingly useful information in un- f derstanding the complex and ever- to library services through her work to changing U.S.-China relationship. ADDITIONAL STATEMENTS reform the administration of State aid f grants to public libraries. I am con- fident these efforts will reap benefits TRIBUTE TO PATRICK NEWBOLD TRIBUTE TO JEFFREY WILEY for generations. Mr. BOOZMAN. Madam President, ∑ Mr. CASSIDY. Madam President, Ms. McVey’s legacy will be an inspi- today I wish to pay tribute to Mr. Pat- today I wish to congratulate Ascension ration for many in the years ahead, rick Newbold for his exemplary dedica- Parish Sheriff Jeffrey Wiley on an ex- and I am proud to call her a fellow tion to duty and service as an Army ceptional career and to thank him for Oklahoman. Again, congratulations to Congressional Fellow and Congres- his service to the people of Louisiana. her on her well-deserved retirement, sional Budget Liaison for the Assistant Sheriff Wiley has served Louisiana and I thank her for her commitment to Secretary of the Army, Financial Man- honorably, putting his life on the line the people of Oklahoma.∑

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G15JA6.021 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S216 CONGRESSIONAL RECORD — SENATE January 15, 2019 TRIBUTE TO AL HODGE countless other services. Most re- of research experience; he has won nu- ∑ Mr. ISAKSON. Madam President, cently, he guided development of the merous recognitions including the 2005 today I am honored to recognize in the Rome Tennis Center at Berry College, MacArthur Foundation’s Genius RECORD Albert M. Hodge, Jr., of Rome, the Nation’s largest single-surface fa- Award, Monmouth University’s 2007 GA. cility, with 60 courts across 30 acres. ‘‘Champion of the Oceans’’ Award, and Al Hodge is an economic develop- While Al has led the chamber, the was named a visiting coastal studies ment leader whom I have known for community has seen the location of scholar at Bowdoin College in 2010. In more than three decades, dating back major headquarters and manufacturing 2007, he was the Geddes W. Simpson to his work as chief executive officer of investments, including Pirelli Tire Distinguished Lecturer at the Univer- the Charleston Metro Chamber of Com- North America, Suzuki Manufacturing sity of Maine for his work at the inter- merce in South Carolina in the 1980s. of America, Neaton Auto Products section of science and history. We have worked together in business, Manufacturing, and a major Lowe’s Ted’s career clearly shows his pas- when I was in the State legislature and distribution center. sion for ensuring that the tradition of chairman of the State board of edu- In addition to my visits to Rome and fishing is preserved for generations to cation, and still today in our current seeing him in the State, I have spent come. Ted has worked to restore cod, roles. time with Al and the Rome chamber at haddock, and flounder in the eastern Al is a fellow University of Georgia least once a year in Washington, and I Gulf of Maine, working with the Maine bulldog, who led the Charleston cham- have spent the last 15 years working Department of Marine Resources to ber for 8 years, the Augusta chamber in with his daughter as a member of my conduct interviews with retired fisher- Georgia for 8 years, and now the Rome staff. Of all his professional accom- men, map historical stock distribu- Floyd Chamber of Commerce in north- plishments, it is Al’s family, friends, tions, and publish a paper that helped west Georgia for what will be 21 years and colleagues whom he truly cher- provide the scientific evidence that when he retires from the chamber busi- ishes and champions. would explain the depletion of the fish ness this April. Al is a great guy, and I want to wish in the area. Al is not one to take credit, but his Al and his talented wife Cheryl Riner Ted has served his community and professional accomplishments tell a lot Hodge—who has been a true partner to the State of Maine for many years in of his story not only in these commu- Al, in addition to her own career as an so many ways, and we are lucky to call nities, but also across multiple States artist—the very best as he retires from him one of our own. While we will miss and even internationally. the chamber. I also look forward to the Ted’s wisdom, knowledge, and work Al is the current vice chair of the Hodges’ continued success in economic ethic at MCCF, we wish him and his Japan America Society of Georgia and, development as they go on to launch wife Robin Alden nothing but the best along with me, a member of the Soci- the next phase of their lives and ca- in this new chapter.∑ ety of International Business Fellows. reers. Many more will benefit from f He graduated from Leadership Georgia their continued efforts in this field.∑ REMEMBERING BARNEY a few years after me, and he has always f remained active with the organization. GOTTSTEIN TRIBUTE TO TED AMES Al also served as a member and as vice ∑ Ms. MURKOWSKI. Madam President, chair of the Georgia Board of Edu- ∑ Mr. KING. Madam President, today I I speak in loving memory of Barney cation and multiple other education-fo- wish to recognize Mr. Ted Ames, of Gottstein, a patriarch of Alaska’s Jew- cused boards. He is a past chairman Stonington, ME, as he retires from the ish community, who passed away on and a current board member of the board of directors for Maine Center for October 21 at the age of 91. He was bur- Georgia Department of Community Af- Coastal Fisheries, MCCF. Ted has been ied in the Anchorage Cemetery on Oc- fairs. Al has also served as chair of a lifelong member of the Maine fishing tober 22, in accordance with Jewish Georgia’s economic development pro- community, and his knowledge and ex- burial traditions. fessional association, the State’s pertise will be missed by the board of I suspect that my colleagues might chamber of commerce professional as- MCCF. Maine fishing communities and not be aware that Alaska is home to a sociation, and he has taught economic our entire State are proud of Ted’s thriving Jewish community or that the development at the U.S. Army War work and we wish him all the best in origins of that community preceded College, internationally with our alma his retirement. statehood by generations. One might mater, and other organizations. Ted was born and raised on be even more surprised to know that Al is an expert in his field. He under- Vinalhaven, one of the many vibrant Barney was not the first generation of stands the countless factors that play island communities off the coast of Gottsteins to occupy a leadership role into successful economic development, Maine. Like so many before him, Ted in prestatehood Alaska, but the second he builds coalitions to mount success- has the ocean in his blood; he spent generation. The Gottstein family is up ful campaigns, and his work has paid more than three decades as the captain to four generations of leadership, with off time and again. of two boats, the F/V Mary Elizabeth a fifth—the great-grandchildren—now Rome is a great community, with and F/V Dorothy M., fishing for ground- in place. many leaders and good friends of mine, fish, scallops, and lobster. Ted was an The first generation, Barney’s father, but in large part thanks to Al’s per- early member of the Stonington Fish- Jacob B. Gottstein, originally of Des sonal investment of time and energy eries Alliance and then founded and Moines, IA, came to Anchorage in 1915, into his role, the community has served on the board of the Penobscot selling cigars and confections out of gained more than $1.2 billion in direct East Resource Center in Stonington, the tent city established to construct investments by primary employers and which is now the Maine Center for the Alaska railroad. Jake, as he was the creation and retention of over 7,000 Coastal Fisheries. Ted also founded and known, then opened a wholesale gro- new primary jobs, not counting com- directed the Zone C Lobster Hatchery cery and dry goods business, known as mercial, service, and other jobs, during in Stonington. He is the former execu- J.B. Gottstein & Co., which made sales his time there. tive director of the Maine Gillnetters calls by dog sled. You can’t get more Al was an instrumental member of Association and a member of the Maine Alaskan than that. Jake passed away the coalition that built State Mutual Marine Resources Committee to Estab- in 1963. Stadium and brought the Braves orga- lish a Lobster Zone Management Plan. Barney was born in Des Moines in nization’s Class-A ball club to the com- Not only did Ted have a long career 1925, but soon moved to Anchorage, munity in 2003, the Rome Braves. as a fisherman, but he also taught at population 2,500, where he was raised. Thanks to his leadership, the commu- the University of Maine and Mt. Desert He enlisted in the Army and served in nity passed not only the Special Pur- Island High School, educating the next the Army Air Corps. After the war, pose Local Option Sales Tax— generation about chemistry, bio- Barney went to the University of SPLOST—but also more of these initia- chemistry, and environmental science. Washington, studying to be an aero- tives over the years to benefit the com- Ted has a M.S. in biochemistry with a nautical engineer. That didn’t work munity’s schools, roads, airport and specialty in tissue culture and 6 years out so well. He was told by a counselor

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.029 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S217 that anti-Semitism would likely pre- achieve positions of great respect and with respect to the SBIR and STTR program, vent Barney from getting a job in his prominence in Alaska. I am proud to and for other purposes; to the Committee on chosen field, so he switched to business count David, Jim, Robert, and Sandy Small Business and Entrepreneurship. H.R. 246. An act to amend the Small Busi- and economics and came home to work among my friends. A fourth generation ness Act to require senior procurement ex- in the family business, but he didn’t of the Gottstein family, the grand- ecutives, procurement center representa- abandon his love for flying. Barney was children, are just beginning to make tives, and the Office of Small and Disadvan- a licensed private pilot who loved to fly their mark, and there are great-grand- taged Business Utilization to assist small around Alaska and beyond. children behind them. business concerns participating in the Small By the time Barney returned home, On behalf of my Senate colleagues, I Business Innovation Research Program and the family business was growing as fast the Small Business Technology Transfer proudly pay my respects to Barney Program, and for other purposes; to the as the State. The focus had changed Gottstein and his wonderful family. Committee on Small Business and Entrepre- from dry goods to wholesale groceries. May his memory be a blessing.∑ neurship. Barney took it the next step. One of f f J.B. Gottstein’s customers was the Carr Brothers Grocery. The rest is his- MESSAGES FROM THE PRESIDENT MEASURES DISCHARGED tory. Messages from the President of the The following joint resolution was Barney partnered with Larry Carr to United States were communicated to discharged from the Committee on grow the retail grocery business and the Senate by Mr. Pate, one of his sec- Banking, Housing, and Urban Affairs, pursue real estate ventures. Carr’s retaries. pursuant to section 216(c)(5)B) of Pub- Quality Centers sprung up throughout lic Law 115–44, and placed on the cal- Alaska, along with an associated chain f endar: of Eagle markets. By the late 1980s, the EXECUTIVE MESSAGES REFERRED S.J. Res. 2. Joint resolution disapproving Carr-Gottstein group of companies was the President’s proposal to take an action the largest Alaska-owned business in As in executive session the Presiding relating to the application of certain sanc- the State. Barney and Larry sold the Officer laid before the Senate messages tions with respect to the Russian Federa- tion. grocery side of the business in 1990 but from the President of the United remained in the real estate business. States submitting sundry nominations f which were referred to the appropriate Today the Carr’s name remains on gro- EXECUTIVE AND OTHER committees. cery stores in Anchorage, Eagle River, COMMUNICATIONS (The messages received today are and the Mat-Su Valley. The following communications were In 1989, Barney was inducted into the printed at the end of the Senate pro- ceedings.) laid before the Senate, together with Alaska Business Hall of Fame, and in accompanying papers, reports, and doc- 1991, he was awarded an honorary doc- f uments, and were referred as indicated: tor of laws degree by the University of MESSAGE FROM THE HOUSE EC–72. A communication from the Assist- Alaska Fairbanks. ant General Counsel for Legislation, Regula- Barney’s business success in Alaska At 10:08 a.m., a message from the tion and Energy Efficiency, Department of was deeply respected, but his commu- House of Representatives, delivered by Energy, transmitting, pursuant to law, the nity engagement even more so. He was Mrs. Cole, one of its reading clerks, an- report of a rule entitled ‘‘Nuclear Classifica- chair of the Alaska Board of Education nounced that the House has passed the tion and Declassification’’ ((RIN1992–AA49) and provided financial assistance that following bills, in which it requests the (10 CFR Part 1045)) received in the Office of enabled hundreds of Alaska Natives to concurrence of the Senate: the President of the Senate on January 3, 2019; to the Committee on Energy and Nat- pursue schooling. He was an inaugural H.R. 116. An act to amend the Small Busi- ural Resources. member of the Alaska State Commis- ness Investment Act of 1958 to increase the EC–73. A communication from the Chair- sion on Human Rights as well. amount that certain banks and savings asso- man of the Council of the District of Colum- Barney was active in Alaska’s polit- ciations may invest in small business invest- bia, transmitting, pursuant to law, a report ical life as well. He was chairman of ment companies, subject to the approval of on D.C. Act 22–478, ‘‘Neighborhood Safety the Alaska Democratic Party, Alaska’s the appropriate Federal banking agency, and and Engagement Fund Temporary Amend- for other purposes. Democratic National Committeeman, ment Act of 2018’’; to the Committee on H.R. 206. An act to amend the small busi- Homeland Security and Governmental Af- and an Alaska delegate to the Demo- ness laws to create certain requirements fairs. cratic National Conventions. with respect to the SBIR and STRR program, EC–74. A communication from the Chair- I mentioned that Barney was one of and for other purposes. man of the Council of the District of Colum- the patriarchs of Alaska’s Jewish com- H.R. 246. An act to amend the Small Busi- bia, transmitting, pursuant to law, a report munity. An early supporter of the ness Act to require senior procurement ex- on D.C. Act 22–499, ‘‘Access to Public Bene- State of Israel, he was the face of the ecutives, procurement center representa- fits Temporary Amendment Act of 2018’’; to American Israel Public Affairs Com- tives, and the Office of Small and Disadvan- the Committee on Homeland Security and taged Business Utilization to assist small Governmental Affairs. mittee, AIPAC, in Alaska for many business concerns participating in the Small EC–75. A communication from the Chair- years. Today, Barney’s son David leads Business Innovation Research Program and man of the Council of the District of Colum- the AIPAC group in Alaska and, in that the Small Business Technology Transfer bia, transmitting, pursuant to law, a report capacity, is a frequent visitor to my of- Program, and for other purposes. on D.C. Act 22–502, ‘‘Parent-led Play Cooper- fice. He provided financial support to H.R. 430. An act to extend the program of ative Temporary Amendment Act of 2018’’; to enable young Jewish Alaskans to par- block grants to States for temporary assist- the Committee on Homeland Security and Governmental Affairs. ticipate in the ‘‘March of the Living,’’ ance for needy families and related programs through June 30, 2019. EC–76. A communication from the Chair- so that they might better understand man of the Council of the District of Colum- the legacy of the Holocaust. He visited f bia, transmitting, pursuant to law, a report Israel on many occasions and took on on D.C. Act 22–503, ‘‘Revised Synthesis MEASURES REFERRED the cause of supporting Ethiopian Jews Abatement and Full Enforcement Drug Con- who had made Aliyah to Israel inte- The following bills were read the first trol Temporary Amendment Act of 2018’’; to grate into society and pursue advanced and the second times by unanimous the Committee on Homeland Security and consent, and referred as indicated: Governmental Affairs. degrees. EC–77. A communication from the Chair- Barney was not only a father figure H.R. 116. An act to amend the Small Busi- man of the Council of the District of Colum- to the Alaska Jewish community. He ness Investment Act of 1958 to increase the bia, transmitting, pursuant to law, a report was the patriarch of a large family amount that certain banks and savings asso- on D.C. Act 22–519, ‘‘Fiscal Year 2019 Budget himself. Barney is survived by Rachel, ciations may invest in small business invest- Support Clarification Temporary Amend- his second wife, of 32 years, who not ment companies, subject to the approval of ment Act of 2018’’; to the Committee on the appropriate Federal banking agency, and surprisingly he met on a trip to Israel. Homeland Security and Governmental Af- for other purposes; to the Committee on fairs. Barney was father to seven children. Small Business and Entrepreneurship. EC–78. A communication from the Chair- Some of Barney’s children have fol- H.R. 206. An act to amend the small busi- man of the Council of the District of Colum- lowed in their father’s footsteps to ness laws to create certain requirements bia, transmitting, pursuant to law, a report

VerDate Sep 11 2014 17:51 Apr 11, 2019 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD19\JANUARY\S15JA9.REC S15JA9 S218 CONGRESSIONAL RECORD — SENATE January 15, 2019 on D.C. Act 22–532, ‘‘Prevention of Child EC–91. A communication from the Chair- on D.C. Act 22–541, ‘‘Boxing and Wrestling Abuse and Neglect Temporary Amendment man of the Council of the District of Colum- Commission Amendment Act of 2018’’; to the Act of 2018’’; to the Committee on Homeland bia, transmitting, pursuant to law, a report Committee on Homeland Security and Gov- Security and Governmental Affairs. on D.C. Act 22–514, ‘‘Interstate Insurance ernmental Affairs. EC–79. A communication from the Chair- Product Regulation Compact Act of 2018’’; to EC–104. A communication from the Chair- man of the Council of the District of Colum- the Committee on Homeland Security and man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report Governmental Affairs. bia, transmitting, pursuant to law, a report on D.C. Act 22–533, ‘‘Clarification of Hospital EC–92. A communication from the Chair- on D.C. Act 22–542, ‘‘Parcel 42 Surplus Prop- Closure Procedure Temporary Amendment man of the Council of the District of Colum- erty Declaration and Disposition Approval Act of 2018’’; to the Committee on Homeland bia, transmitting, pursuant to law, a report Act of 2018’’; to the Committee on Homeland Security and Governmental Affairs. on D.C. Act 22–515, ‘‘Trafficking Survivors Security and Governmental Affairs. EC–80. A communication from the Chair- Relief Amendment Act of 2018’’; to the Com- EC–105. A communication from the Chair- man of the Council of the District of Colum- mittee on Homeland Security and Govern- man of the Council of the District of Colum- bia, transmitting, pursuant to law, a report mental Affairs. bia, transmitting, pursuant to law, a report on D.C. Act 22–492, ‘‘Rental Housing Commis- EC–93. A communication from the Chair- on D.C. Act 22–543, ‘‘Approval of the Comcast sion Independence Clarification Amendment man of the Council of the District of Colum- of the District, LLC Cable Television System Act of 2018’’; to the Committee on Homeland bia, transmitting, pursuant to law, a report Franchise Act of 2018’’; to the Committee on Security and Governmental Affairs. on D.C. Act 22–516, ‘‘Teachers, Police, and Homeland Security and Governmental Af- EC–81. A communication from the Chair- Firefighters Retirement Benefits Amend- fairs. man of the Council of the District of Colum- ment Act of 2018’’; to the Committee on EC–106. A communication from the Chair- bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- man of the Council of the District of Colum- on D.C. Act 22–500, ‘‘Advisory Neighborhood fairs. bia, transmitting, pursuant to law, a report Commissions Debit Cards Amendment Act of EC–94. A communication from the Chair- on D.C. Act 22–544, ‘‘Approval of the 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- Starpower Communications Open Video Sys- rity and Governmental Affairs. bia, transmitting, pursuant to law, a report tem Franchise Act of 2018’’; to the Com- EC–82. A communication from the Chair- on D.C. Act 22–517, ‘‘Service Contract Regu- mittee on Homeland Security and Govern- man of the Council of the District of Colum- lation Act of 2018’’; to the Committee on mental Affairs. bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- EC–107. A communication from the Chair- on D.C. Act 22–501, ‘‘Rental Housing Afford- fairs. man of the Council of the District of Colum- ability Re-establishment Amendment Act of EC–95. A communication from the Chair- bia, transmitting, pursuant to law, a report 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- on D.C. Act 22–545, ‘‘Relocation of a Passage- rity and Governmental Affairs. bia, transmitting, pursuant to law, a report way Easement in Square 696 Authorization EC–83. A communication from the Chair- on D.C. Act 22–518, ‘‘Bruce Robey Court Des- Act of 2018’’; to the Committee on Homeland man of the Council of the District of Colum- ignation Act of 2018’’; to the Committee on Security and Governmental Affairs. bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- EC–108. A communication from the Chair- on D.C. Act 22–504, ‘‘Elections Modernization fairs. man of the Council of the District of Colum- Amendment Act of 2018’’; to the Committee EC–96. A communication from the Chair- bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- man of the Council of the District of Colum- on D.C. Act 22–546, ‘‘Revised Transfer of Ju- fairs. bia, transmitting, pursuant to law, a report risdiction over U.S. Reservation 724 (Lots 896 EC–84. A communication from the Chair- on D.C. Act 22–534, ‘‘Salary Adjustment and 897 within Square 620) and Extinguish- man of the Council of the District of Colum- Amendment Act of 2018’’; to the Committee ment of Covenants Act of 2018’’; to the Com- bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- mittee on Homeland Security and Govern- on D.C. Act 22–505, ‘‘At-Risk Tenant Protec- fairs. mental Affairs. tion Clarifying Amendment Act of 2018’’; to EC–97. A communication from the Chair- EC–109. A communication from the Chair- the Committee on Homeland Security and man of the Council of the District of Colum- man of the Council of the District of Colum- Governmental Affairs. bia, transmitting, pursuant to law, a report bia, transmitting, pursuant to law, a report EC–85. A communication from the Chair- on D.C. Act 22–535, ‘‘Closing of a Public Alley on D.C. Act 22–547, ‘‘Fiscal Year 2019 Budget man of the Council of the District of Colum- in Square 653, S.O. 15–26384, Act of 2018’’; to Support Clarification Amendment Act of bia, transmitting, pursuant to law, a report the Committee on Homeland Security and 2018’’; to the Committee on Homeland Secu- on D.C. Act 22–506, ‘‘Access to Treatment for Governmental Affairs. rity and Governmental Affairs. Anaphylaxis Act of 2018’’; to the Committee EC–98. A communication from the Chair- EC–110. A communication from the Direc- on Homeland Security and Governmental Af- man of the Council of the District of Colum- tor of Legislative Affairs, Federal Deposit fairs. bia, transmitting, pursuant to law, a report Insurance Corporation, transmitting, pursu- EC–86. A communication from the Chair- on D.C. Act 22–536, ‘‘Vacancy Increase Re- ant to law, the report of a rule entitled ‘‘Ex- man of the Council of the District of Colum- form Amendment Act of 2018’’; to the Com- panded Examination Cycle for Certain Small bia, transmitting, pursuant to law, a report mittee on Homeland Security and Govern- Insured Depository Institutions and U.S. on D.C. Act 22–507, ‘‘Rebate Reform Amend- mental Affairs. Braches and Agencies of Foreign Banks’’ ment Act of 2018’’; to the Committee on EC–99. A communication from the Chair- (RIN3064–AE76) received in the Office of the Homeland Security and Governmental Af- man of the Council of the District of Colum- President of the Senate on January 10, 2019; fairs. bia, transmitting, pursuant to law, a report to the Committee on Banking, Housing, and EC–87. A communication from the Chair- on D.C. Act 22–537, ‘‘Omnibus Department of Urban Affairs. man of the Council of the District of Colum- For-Hire Vehicles Amendment Act of 2018’’; EC–111. A communication from the Assist- bia, transmitting, pursuant to law, a report to the Committee on Homeland Security and ant to the Board of Governors of the Federal on D.C. Act 22–508, ‘‘Extension of Time to Governmental Affairs. Reserve System, transmitting, pursuant to Dispose of 8th & O Streets N.W., Amendment EC–100. A communication from the Chair- law, the report of a rule entitled ‘‘Truth in Act of 2018’’; to the Committee on Homeland man of the Council of the District of Colum- Lending (Regulation Z)’’ (RIN7100–AF25) re- Security and Governmental Affairs. bia, transmitting, pursuant to law, a report ceived in the Office of the President of the EC–88. A communication from the Chair- on D.C. Act 22–538, ‘‘Leaf Blower Regulation Senate on January 9, 2019; to the Committee man of the Council of the District of Colum- Amendment Act of 2018’’; to the Committee on Banking, Housing, and Urban Affairs. bia, transmitting, pursuant to law, a report on Homeland Security and Governmental Af- EC–112. A communication from the Assist- on D.C. Act 22–511, ‘‘Ensuring Community fairs. ant to the Board of Governors of the Federal Access to Recreational Spaces Act of 2018’’; EC–101. A communication from the Chair- Reserve System, transmitting, pursuant to to the Committee on Homeland Security and man of the Council of the District of Colum- law, the report of a rule entitled ‘‘Consumer Governmental Affairs. bia, transmitting, pursuant to law, a report Leasing (Regulation M)’’ (RIN7100–AF24) re- EC–89. A communication from the Chair- on D.C. Act 22–539, ‘‘Daytime School Parking ceived in the Office of the President of the man of the Council of the District of Colum- Zone Act of 2018’’; to the Committee on Senate on January 9, 2019; to the Committee bia, transmitting, pursuant to law, a report Homeland Security and Governmental Af- on Banking, Housing, and Urban Affairs. on D.C. Act 22–512, ‘‘Pathways to District fairs. EC–113. A communication from the Assist- Government Careers Amendment Act of EC–102. A communication from the Chair- ant to the Board of Governors of the Federal 2018’’; to the Committee on Homeland Secu- man of the Council of the District of Colum- Reserve System, transmitting, pursuant to rity and Governmental Affairs. bia, transmitting, pursuant to law, a report law, the report of a rule entitled ‘‘Appraisals EC–90. A communication from the Chair- on D.C. Act 22–540, ‘‘Vulnerable Population for Higher-Priced Mortgage Loans Exemp- man of the Council of the District of Colum- and Employer Protection Amendment of tion’’ (RIN7100–AF26) received in the Office bia, transmitting, pursuant to law, a report 2018’’; to the Committee on Homeland Secu- of the President of the Senate on January 9, on D.C. Act 22–513, ‘‘Save Good Food Amend- rity and Governmental Affairs. 2019; to the Committee on Banking, Housing, ment Act of 2018’’; to the Committee on EC–103. A communication from the Chair- and Urban Affairs. Homeland Security and Governmental Af- man of the Council of the District of Colum- EC–114. A communication from the Assist- fairs. bia, transmitting, pursuant to law, a report ant to the Board of Governors of the Federal

VerDate Sep 11 2014 03:49 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.012 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S219 Reserve System, transmitting, pursuant to Benefit Guaranty Corporation, transmitting, ‘‘Fisheries of the Northeastern United law, the report of a rule entitled ‘‘Federal pursuant to law, a notification that the Cor- States; Summer Flounder Fishery; Quota Reserve Bank Capital Stock’’ (RIN7100–AF27) poration has issued an order partitioning the Transfers’’ (RIN0648–XF937) received in the received in the Office of the President of the Plasterers and Cement Masons Local No. 94 Office of the President of the Senate on Jan- Senate on January 9, 2019; to the Committee Pension Plan pursuant to section 4233 of the uary 9, 2019; to the Committee on Commerce, on Banking, Housing, and Urban Affairs. Employee Retirement Income Security Act Science, and Transportation. EC–115. A communication from the Assist- of 1974, as amended; to the Committees on EC–133. A communication from the Acting ant to the Board of Governors of the Federal Health, Education, Labor, and Pensions; and Director, Office of Sustainable Fisheries, De- Reserve System, transmitting, pursuant to Finance. partment of Commerce, transmitting, pursu- law, the report of a rule entitled ‘‘Expanded EC–124. A communication from the Assist- ant to law, the report of a rule entitled Examination Cycle for Certain Small In- ant Secretary for Legislation, Department of ‘‘Fisheries of the Northeastern United sured Depository Institutions and U.S. Health and Human Services, transmitting, States; Atlantic Herring Fishery; 2018 River Branches and Agencies of Foreign Banks’’ pursuant to law, a report entitled ‘‘Fiscal Herring and Shad Catch Cap Reached for (RIN7100–AF09) received in the Office of the Year 2015 Report to Congress on Community Midwater Trawl Vessels in the Mid-Atlantic/ President of the Senate on January 9, 2019; Services Block Grant Discretionary Activi- Southern New England Catch Cap Area’’ to the Committee on Banking, Housing, and ties—Community Economic Development (RIN0648–XG087) received in the Office of the Urban Affairs. and Rural Community Development Pro- President of the Senate on January 9, 2019; EC–116. A communication from the Assist- grams’’; to the Committee on Health, Edu- to the Committee on Commerce, Science, ant to the Board of Governors of the Federal cation, Labor, and Pensions. and Transportation. Reserve System, transmitting, pursuant to EC–125. A communication from the Direc- EC–134. A communication from the Acting law, the report of a rule entitled ‘‘Applica- tor, White House Liaison, Department of Director, Office of Sustainable Fisheries, De- tion of the RFI/C(D) Rating System to Sav- Education, transmitting, pursuant to law, a partment of Commerce, transmitting, pursu- ings and Loan Holding Companies’’ (Docket report relative to a vacancy in the position ant to law, the report of a rule entitled No. OP–1631) received in the Office of the of Chief Financial Officer of the Department ‘‘Fisheries of the Northeastern United President of the Senate on January 9, 2019; of Education, received in the Office of the States; Atlantic Mackerel, Squid, and to the Committee on Banking, Housing, and President of the Senate on January 10, 2019; Butterfish; 2018 River Herring and Shad Urban Affairs. to the Committee on Health, Education, Catch Cap Reached for the Directed Atlantic EC–117. A communication from the Assist- Labor, and Pensions. Mackerel Commercial Fishery’’ (RIN0648– ant to the Board of Governors of the Federal EC–126. A communication from the Assist- XG054) received in the Office of the President Reserve System, transmitting, pursuant to ant General Counsel for Regulatory Affairs, of the Senate on January 9, 2019; to the Com- law, the report of a rule entitled ‘‘Large Fi- Pension Benefit Guaranty Corporation, mittee on Commerce, Science, and Transpor- nancial Institution Rating System; Regula- transmitting, pursuant to law, the report of tation. tions K and LL’’ (RIN7100–AE82) received in a rule entitled ‘‘Adjustment of Civil Pen- EC–135. A communication from the Acting the Office of the President of the Senate on alties for Inflation’’ ((RIN1212–AB45) (29 CFR Director, Office of Sustainable Fisheries, De- January 9, 2019; to the Committee on Bank- Parts 4071 and 4302)) received in the Office of partment of Commerce, transmitting, pursu- ing, Housing, and Urban Affairs. the President of the Senate on January 10, ant to law, the report of a rule entitled ‘‘At- EC–118. A communication from the Assist- lantic Highly Migratory Species; Commer- ant to the Board of Governors of the Federal 2019; to the Committee on Health, Education, cial Blacktip Sharks, Aggregated Large Reserve System, transmitting, pursuant to Labor, and Pensions. EC–127. A communication from the Direc- Costal Sharks, and Hammerhead Sharks in law, the report of a rule entitled ‘‘Commu- tor, Administrative Office of the United the Western Gulf of Mexico Sub-Region; Clo- nity Reinvestment Act Regulations’’ States Courts, transmitting, pursuant to sure’’ (RIN0648–XG021) received in the Office (RIN7100–AF32) received in the Office of the law, an annual report on crime victims’ of the President of the Senate on January 9, President of the Senate on January 9, 2019; rights; to the Committee on the Judiciary. to the Committee on Banking, Housing, and 2019; to the Committee on Commerce, EC–128. A communication from the Direc- Urban Affairs. Science, and Transportation. EC–119. A communication from the Assist- tor of Regulation Policy and Management, EC–136. A communication from the Acting ant to the Board of Governors of the Federal Department of Veterans Affairs, transmit- Director, Office of Sustainable Fisheries, De- Reserve System, transmitting, pursuant to ting, pursuant to law, the report of a rule en- partment of Commerce, transmitting, pursu- law, the report of a rule entitled ‘‘Liquidity titled ‘‘Per Diem Paid to States for Care of ant to law, the report of a rule entitled ‘‘2017 Coverage Ratio Rule: Treatment of Certain Eligible Veterans in State Homes’’ (RIN2900– Reapportionment Between Tribal and Non- Municipal Obligations as High-Quality Liq- AO88) received in the Office of the President tribal Sectors; Widow Rockfish Reapportion- uid Assets’’ (RIN7100–AF10) received in the of the Senate on January 2, 2019; to the Com- ment in the Pacific Whiting Fishery’’ Office of the President of the Senate on Jan- mittee on Veterans’ Affairs. (RIN0648–BH38) received in the Office of the uary 9, 2019; to the Committee on Banking, EC–129. A communication from the Assist- President of the Senate on January 9, 2019; Housing, and Urban Affairs. ant Director of Regulation Policy and Man- to the Committee on Commerce, Science, EC–120. A communication from the Assist- agement, Department of Veterans Affairs, and Transportation. ant to the Board of Governors of the Federal transmitting, pursuant to law, the report of EC–137. A communication from the Deputy Reserve System, transmitting, pursuant to a rule entitled ‘‘Veterans’ Group Life Insur- Assistant Administrator for Regulatory Pro- law, the report of a rule entitled ‘‘Margin ance Increased Coverage’’ (RIN2900–AQ12) re- grams, Office of Sustainable Fisheries, De- and Capital Requirements for Covered Swap ceived in the Office of the President of the partment of Commerce, transmitting, pursu- Entities; Final Rule’’ (RIN7100–AE96) re- Senate on January 11, 2019; to the Com- ant to law, the report of a rule entitled ceived in the Office of the President of the mittee on Veterans’ Affairs. ‘‘Fisheries of the Caribbean, Gulf of Mexico, Senate on January 9, 2019; to the Committee EC–130. A communication from the Acting and South Atlantic; Shrimp Fishery off the on Banking, Housing, and Urban Affairs. Director, Office of Sustainable Fisheries, De- Southern Atlantic States; Closure of the EC–121. A communication from the Chief of partment of Commerce, transmitting, pursu- Penaeid Shrimp Fishery Off Georgia’’ the Trade and Commercial Regulations ant to law, the report of a rule entitled (RIN0648–XF965) received in the Office of the Branch, Bureau of Customs and Border Pro- ‘‘Fisheries of the Exclusive Economic Zone President of the Senate on January 9, 2019; tection, Department of Homeland Security, Off Alaska; Pollock in Statistical Area 610 in to the Committee on Commerce, Science, transmitting, pursuant to law, the report of the Gulf of Alaska’’ (RIN0648–XF900) received and Transportation. a rule entitled ‘‘Extension of Import Restric- in the Office of the President of the Senate f tions Imposed on Certain Archaeological and on January 9, 2019; to the Committee on Ecclesiastical Ethnological Material from Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND Bulgaria’’ ((RIN1515–AE41) (CBP Dec. 19–01)) EC–131. A communication from the Acting JOINT RESOLUTIONS received in the Office of the President of the Director, Office of Sustainable Fisheries, De- The following bills and joint resolu- partment of Commerce, transmitting, pursu- Senate on January 9, 2019; to the Committee tions were introduced, read the first on Finance. ant to law, the report of a rule entitled EC–122. A communication from the Chief of ‘‘Fisheries of the Exclusive Economic Zone and second times by unanimous con- the Trade and Commercial Regulations Off Alaska; Pacific Cod by Catcher Vessels sent, and referred as indicated: Branch, Bureau of Customs and Border Pro- Greater Than or Equal to 60 Feet Length By Mr. SCHUMER: tection, Department of Homeland Security, Overall Using Pot Gear in the Bering Sea S. 115. A bill for the relief of Alemseghed transmitting, pursuant to law, the report of and Aleutian Islands Management Area’’ Mussie Tesfamical; to the Committee on the a rule entitled ‘‘Extension of Import Restric- (RIN0648–XF925) received in the Office of the Judiciary. tions Imposed on Certain Archaeological Ma- President of the Senate on January 9, 2019; By Mrs. GILLIBRAND (for herself, Mr. terial from Bulgaria’’ ((RIN1515–AE42) (CBP to the Committee on Commerce, Science, BOOKER, and Ms. HARRIS): Dec. 19–02)) received in the Office of the and Transportation. S. 116. A bill to address maternal mortality President of the Senate on January 9, 2019; EC–132. A communication from the Acting and morbidity; to the Committee on Health, to the Committee on Finance. Director, Office of Sustainable Fisheries, De- Education, Labor, and Pensions. EC–123. A communication from the Chief of partment of Commerce, transmitting, pursu- By Mr. SCHUMER (for himself, Mr. Negotiations and Restructuring, Pension ant to law, the report of a rule entitled GARDNER, Ms. BALDWIN, Mr. BENNET,

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Mr. BLUMENTHAL, Ms. CANTWELL, Mr. employees; to the Committee on Health, merchant mariners of World War II, in rec- CASEY, Mr. COONS, Ms. DUCKWORTH, Education, Labor, and Pensions. ognition of their dedicated and vital service Mrs. GILLIBRAND, Ms. HARRIS, Ms. By Ms. CORTEZ MASTO (for herself during World War II; to the Committee on HASSAN, Mr. JONES, Mr. LEAHY, Mr. and Mr. LEE): Banking, Housing, and Urban Affairs. MARKEY, Mrs. MURRAY, Mr. VAN HOL- S. 125. A bill to amend the Agricultural By Mr. TOOMEY (for himself and Mr. LEN, Ms. WARREN, Mr. TESTER, Mr. Act of 2014 to repeal the forfeiture rule for CASEY): SANDERS, Mr. DURBIN, Mr. BOOKER, peanuts under the nonrecourse marketing S. 134. A bill to amend title 18, United Mr. MERKLEY, and Ms. SMITH): assistance loan program, prohibit the use of States Code, with regard to stalking; to the S. 117. A bill to prohibit discrimination Federal funds for certain activities, and for Committee on the Judiciary. against individuals with disabilities who other purposes; to the Committee on Agri- By Mr. THUNE: need long-term services and supports, and for culture, Nutrition, and Forestry. S. 135. A bill to prioritize the allocation of other purposes; to the Committee on Health, By Ms. MURKOWSKI (for herself and H–2B visas for States with low unemploy- Education, Labor, and Pensions. Mr. SCHATZ): ment rates; to the Committee on the Judici- By Mr. COONS (for himself and Mr. S. 126. A bill to direct the Secretary of the ary. YOUNG): Interior to establish a demonstration pro- By Mr. WYDEN (for himself, Mr. S. 118. A bill to require the Director of the gram to adapt the successful practices of CASEY, Mr. BLUMENTHAL, Mr. VAN National Science Foundation to develop an providing foreign aid to underdeveloped HOLLEN, and Mr. JONES): I–Corps course to support commercializa- economies to the provision of Federal eco- S. 136. A bill to amend the Social Security tion-ready innovation companies, and for nomic development assistance to Native Act to establish a new employment, train- other purposes; to the Committee on Health, communities in similarly situated remote ing, and supportive services program for the Education, Labor, and Pensions. areas in the United States, and for other pur- long-term unemployed and individuals with By Mr. RUBIO (for himself, Mr. BLUNT, poses; to the Committee on Indian Affairs. barriers to employment, and for other pur- Mrs. HYDE-SMITH, Mr. RISCH, Mr. By Mrs. FEINSTEIN (for herself, Ms. poses; to the Committee on Finance. HAWLEY, Mr. INHOFE, Mr. LANKFORD, HARRIS, Ms. WARREN, Mr. MENENDEZ, f Mr. ROBERTS, Mr. ENZI, Ms. ERNST, and Mr. MARKEY): Mrs. FISCHER, Mr. CRAMER, Mr. S. 127. A bill to direct the Secretary of Vet- SUBMISSION OF CONCURRENT AND ROUNDS, Mr. CRUZ, Mr. CASSIDY, Mr. erans Affairs to seek to enter into an agree- SENATE RESOLUTIONS SCOTT of South Carolina, and Mr. ment with the city of Vallejo, California, for PERDUE): the transfer of Mare Island Naval Cemetery The following concurrent resolutions S. 119. A bill to amend title 18, United in Vallejo, California, and for other purposes; and Senate resolutions were read, and States Code, to prohibit taking minors to the Committee on Veterans’ Affairs. referred (or acted upon), as indicated: across State lines in circumvention of laws By Mr. TESTER (for himself, Mr. By Mr. MANCHIN (for himself, Ms. requiring the involvement of parents in abor- WYDEN, Mrs. SHAHEEN, Ms. HASSAN, ROSEN, Mr. CASEY, Mr. TESTER, Mr. tion decisions; to the Committee on the Ju- and Mr. MERKLEY): BROWN, Ms. CORTEZ MASTO, Mr. WAR- diciary. S. 128. A bill to regulate certain State im- NER, Mr. VAN HOLLEN, Ms. BALDWIN, By Ms. KLOBUCHAR (for herself, Ms. positions on interstate commerce; to the Ms. CANTWELL, Mr. WHITEHOUSE, Mr. HIRONO, Mrs. FEINSTEIN, Ms. HARRIS, Committee on Finance. REED, Ms. HARRIS, Ms. HIRONO, Ms. Mr. CASEY, Mr. BLUMENTHAL, Mr. By Ms. HARRIS (for herself and Mrs. DUCKWORTH, Mr. WYDEN, Ms. HASSAN, DURBIN, Mr. WYDEN, Mr. REED, Mr. FEINSTEIN): Mr. KING, Mr. MARKEY, Mr. SCHUMER, WHITEHOUSE, Mrs. GILLIBRAND, Mr. S. 129. A bill to provide for the establish- Mr. LEAHY, Mrs. MURRAY, Mr. UDALL, VAN HOLLEN, Mr. MARKEY, Mr. ment of a national memorial and national Mr. DURBIN, Ms. SMITH, Mr. BOOKER, UDALL, Mr. MURPHY, Mr. TESTER, Mr. monument to commemorate those killed by Mr. BLUMENTHAL, Mr. BENNET, Ms. MERKLEY, Mr. COONS, Ms. SMITH, Mr. the collapse of the Saint Francis Dam on KLOBUCHAR, Mr. COONS, Mr. SCHATZ, CARPER, Ms. WARREN, Mr. BOOKER, March 12, 1928, and for other purposes; to the Mr. MENENDEZ, Mr. JONES, Mr. HEIN- Ms. STABENOW, Mr. JONES, Mr. BEN- Committee on Energy and Natural Re- RICH, Ms. STABENOW, Ms. WARREN, NET, Mr. PETERS, Mrs. SHAHEEN, Mr. sources. Mr. MURPHY, Mr. KAINE, Mr. SAND- BROWN, Mr. SANDERS, Mr. MENENDEZ, By Mr. SASSE (for himself, Mr. BAR- ERS, Mrs. GILLIBRAND, Mrs. SHAHEEN, and Mr. CARDIN): RASSO, Mrs. BLACKBURN, Mr. BLUNT, Mr. MERKLEY, Mr. PETERS, Mr. S. 120. A bill to protect victims of stalking Mr. BOOZMAN, Mr. BRAUN, Mr. BURR, CARDIN, Mrs. FEINSTEIN, Ms. SINEMA, from gun violence; to the Committee on the Mr. CASSIDY, Mr. CORNYN, Mr. COT- and Mr. CARPER): Judiciary. TON, Mr. CRAMER, Mr. CRAPO, Mr. S. Res. 18. A resolution authorizing the By Mr. JONES (for himself, Mr. ALEX- CRUZ, Mr. DAINES, Ms. ERNST, Mrs. Senate Legal Counsel to represent the Sen- ANDER, and Mrs. BLACKBURN): FISCHER, Mr. GRASSLEY, Mr. HAWLEY, ate in Texas v. United States No. 4:18-cv- S. 121. A bill to require a study of the well- Mr. HOEVEN, Mrs. HYDE-SMITH, Mr. 00167-O (N.D. Tex.); to the Committee on being of the United States automotive indus- INHOFE, Mr. ISAKSON, Mr. JOHNSON, Rules and Administration. try and to stay the investigation into the na- Mr. KENNEDY, Mr. LANKFORD, Mr. tional security effects of automotive imports MCCONNELL, Mr. MORAN, Mr. PERDUE, f until the study is completed, and for other Mr. PORTMAN, Mr. RISCH, Mr. ROB- ADDITIONAL COSPONSORS purposes; to the Committee on Finance. ERTS, Mr. ROUNDS, Mr. RUBIO, Mr. By Mr. PERDUE (for himself, Mr. SCOTT of South Carolina, Mr. THUNE, S. 21 LEAHY, Mrs. CAPITO, Ms. COLLINS, and Mr. TILLIS, Mr. YOUNG, Mr. GRAHAM, At the request of Mr. THUNE, the Mr. UDALL): Mr. WICKER, and Mr. ENZI): names of the Senator from South Da- S. 122. A bill to amend title 18, United S. 130. A bill to amend title 18, United States Code, to provide for penalties for the States Code, to prohibit a health care practi- kota (Mr. ROUNDS), the Senator from sale of any Purple Heart awarded to a mem- tioner from failing to exercise the proper de- Michigan (Ms. STABENOW), the Senator ber of the Armed Forces; to the Committee gree of care in the case of a child who sur- from Connecticut (Mr. MURPHY) and on the Judiciary. vives an abortion or attempted abortion; to the Senator from Florida (Mr. SCOTT) By Ms. ERNST (for herself, Mr. COONS, the Committee on the Judiciary. were added as cosponsors of S. 21, a bill Mr. GRASSLEY, and Mr. BOOZMAN): By Mr. CASSIDY (for himself, Mr. making continuing appropriations for S. 123. A bill to require the Secretary of INHOFE, Mr. BARRASSO, Mrs. HYDE- Coast Guard pay in the event an appro- Veterans Affairs to enter into a contract or SMITH, Mr. WICKER, Mrs. BLACKBURN, priations act expires prior to the enact- other agreement with a third party to review and Mr. PERDUE): appointees in the Veterans Health Adminis- S. 131. A bill to amend title XIX of the So- ment of a new appropriations act. tration who had a license terminated for cial Security Act to prohibit Federal Med- S. 34 cause by a State licensing board for care or icaid funding for the administrative costs of At the request of Mr. CRUZ, the name services rendered at a non-Veterans Health providing health benefits to individuals who of the Senator from New Jersey (Mr. Administration facility and to provide indi- are unauthorized immigrants; to the Com- MENENDEZ) was added as a cosponsor of viduals treated by such an appointee with mittee on Finance. notice if it is determined that an episode of By Mr. GARDNER: S. 34, a bill to require a report on the care or services to which they received was S. 132. A bill to establish the Commission continuing participation of Cambodia below the standard of care, and for other on the State of U.S. Olympics and in the Generalized System of Pref- purposes; to the Committee on Veterans’ Af- Paralympics; to the Committee on Com- erences. fairs. merce, Science, and Transportation. S. 39 By Mr. RUBIO: By Ms. MURKOWSKI (for herself, Mr. At the request of Mr. BRAUN, the S. 124. A bill to amend the Fair Labor KING, Mr. SULLIVAN, Ms. CANTWELL, Standards Act of 1938 to prevent employers and Mr. WHITEHOUSE): names of the Senator from Nevada (Ms. from using non-compete agreements in em- S. 133. A bill to award a Congressional Gold ROSEN), the Senator from North Caro- ployment contracts for certain non-exempt Medal, collectively, to the United States lina (Mr. TILLIS) and the Senator from

VerDate Sep 11 2014 17:47 Apr 11, 2019 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD19\JANUARY\S15JA9.REC S15JA9 January 15, 2019 CONGRESSIONAL RECORD — SENATE S221 South Dakota (Mr. ROUNDS) were added S.J. RES. 3 printing in the Congressional Record by the as cosponsors of S. 39, a bill to provide At the request of Mrs. HYDE-SMITH, Chairman of the Committee on the Budget of that Members of Congress may not re- the names of the Senator from Idaho the Senate, provided that such statement has been submitted prior to the vote on pas- ceive pay after October 1 of any fiscal (Mr. CRAPO), the Senator from North sage. year in which Congress has not ap- Dakota (Mr. HOEVEN), the Senator from proved a concurrent resolution on the South Dakota (Mr. ROUNDS) and the By Mr. SCHUMER (for himself, budget and passed the regular appro- Senator from Wyoming (Mr. BARRASSO) Mr. GARDNER, Ms. BALDWIN, Mr. priations bills. were added as cosponsors of S. J. Res. BENNET, Mr. BLUMENTHAL, Ms. S. 72 3, a joint resolution proposing an CANTWELL, Mr. CASEY, Mr. At the request of Mr. SCHATZ, the amendment to the Constitution of the COONS, Ms. DUCKWORTH, Mrs. names of the Senator from Oregon (Mr. United States relative to balancing the GILLIBRAND, Ms. HARRIS, Ms. MERKLEY), the Senator from New York budget. HASSAN, Mr. JONES, Mr. LEAHY, (Mrs. GILLIBRAND), the Senator from f Mr. MARKEY, Mrs. MURRAY, Mr. Minnesota (Ms. SMITH), the Senator STATEMENTS ON INTRODUCED VAN HOLLEN, Ms. WARREN, Mr. from Rhode Island (Mr. WHITEHOUSE), BILLS AND JOINT RESOLUTIONS TESTER, Mr. SANDERS, Mr. DUR- the Senator from Massachusetts (Ms. BIN, Mr. BOOKER, Mr. MERKLEY, By Mr. SCHUMER: WARREN), the Senator from New Jersey and Ms. SMITH): (Mr. MENENDEZ), the Senator from Ala- S. 115. A bill for the relief of S. 117. A bill to prohibit discrimina- bama (Mr. JONES), the Senator from Alemseghed Mussie Tesfamical; to the tion against individuals with disabil- California (Mrs. FEINSTEIN), the Sen- Committee on the Judiciary. ities who need long-term services and ator from Rhode Island (Mr. REED) and Mr. SCHUMER. Mr. President, I ask supports, and for other purposes; to the the Senator from New Mexico (Mr. unanimous consent that the text of the Committee on Health, Education, UDALL) were added as cosponsors of S. bill be printed in the RECORD. Labor, and Pensions. 72, a bill to suspend the enforcement of There being no objection, the text of Mr. SCHUMER. Mr. President, I ask certain civil liabilities of Federal em- the bill was ordered to be printed in unanimous consent that the text of the ployees and contractors during a lapse the RECORD, as follows: bill be printed in the RECORD. in appropriations, and for other pur- S. 115 There being no objection, the text of poses. Be it enacted by the Senate and House of Rep- the bill was ordered to be printed in S. 94 resentatives of the United States of America in the RECORD, as follows: Congress assembled, At the request of Mrs. CAPITO, the S. 117 names of the Senator from New Mexico SECTION 1. PERMANENT RESIDENT STATUS FOR ALEMSEGHED MUSSIE TESFAMICAL. Be it enacted by the Senate and House of Rep- (Mr. HEINRICH) and the Senator from resentatives of the United States of America in (a) IN GENERAL.—Notwithstanding sub- Louisiana (Mr. CASSIDY) were added as sections (a) and (b) of section 201 of the Im- Congress assembled, cosponsors of S. 94, a bill to amend the migration and Nationality Act (8 U.S.C. 1151) SECTION 1. SHORT TITLE. Pittman-Robertson Wildlife Restora- and section 240 of such Act (8 U.S.C. 1229a), This Act may be cited as the ‘‘Disability tion Act to facilitate the establishment Alemseghed Mussie Tesfamical shall be eligi- Integration Act of 2019’’. of additional or expanded public target ble for the issuance of an immigrant visa or SEC. 2. FINDINGS AND PURPOSES. ranges in certain States. for adjustment of status to that of an alien (a) FINDINGS.—Congress finds the fol- S. 104 lawfully admitted for permanent residence lowing: (1) In enacting the Americans with Disabil- At the request of Mr. PORTMAN, the upon filing an application for issuance of an ities Act of 1990 (referred to in this Act as name of the Senator from Idaho (Mr. immigrant visa under section 204 of such Act (8 U.S.C. 1154) or for adjustment of status to the ‘‘ADA’’), Congress— CRAPO) was added as a cosponsor of S. lawful permanent resident. (A) recognized that ‘‘historically, society 104, a bill to amend title 31, United (b) ADJUSTMENT OF STATUS.—If Alemseghed has tended to isolate and segregate individ- States Code, to provide for automatic Mussie Tesfamical enters the United States uals with disabilities, and, despite some im- continuing resolutions. before the filing deadline specified in sub- provements, such forms of discrimination S. 105 section (c), Alemseghed Mussie Tesfamical against individuals with disabilities con- At the request of Mrs. BLACKBURN, shall be considered to have entered into and tinue to be a serious and pervasive social the name of the Senator from Wyoming remained lawfully in the United States and, problem’’; and if otherwise eligible, shall be eligible for ad- (B) intended that the ADA assure ‘‘full par- (Mr. BARRASSO) was added as a cospon- justment of status under section 245 of the ticipation’’ and ‘‘independent living’’ for in- sor of S. 105, a bill to amend title X of Immigration and Nationality Act (8 U.S.C. dividuals with disabilities by addressing the Public Health Service Act to pro- 1255) as of the date of the enactment of this ‘‘discrimination against individuals with dis- hibit family planning grants from Act. abilities [that] persists in critical areas’’, in- being awarded to any entity that per- (c) DEADLINE FOR APPLICATION AND PAY- cluding institutionalization. forms abortions, and for other pur- MENT OF FEES.—Subsections (a) and (b) shall (2) While Congress expected that the ADA’s poses. apply only if the application for issuance of integration mandate would be interpreted in a manner that ensures that individuals who S. 109 an immigrant visa or for adjustment of sta- tus is filed by Alemseghed Mussie Tesfamical are eligible for institutional placement are At the request of Mr. WICKER, the with appropriate fees not later than 2 years able to exercise a right to community-based names of the Senator from Arkansas after the date of the enactment of this Act. long-term services and supports, that expec- (Mr. BOOZMAN), the Senator from Ne- (d) REDUCTION OF IMMIGRANT VISA NUM- tation has not been fulfilled. braska (Mrs. FISCHER), the Senator BER.—Upon the granting of an immigrant (3) The holdings of the Supreme Court in from South Carolina (Mr. GRAHAM), the visa or permanent residence to Alemseghed Olmstead v. L.C., 527 U.S. 581 (1999), and com- Senator from North Dakota (Mr. Mussie Tesfamical, the Secretary of State panion cases, have clearly articulated that CRAMER) and the Senator from South shall instruct the proper officer to reduce by individuals with disabilities have a civil Dakota (Mr. ROUNDS) were added as co- 1, during the current or next following fiscal right under the ADA to participate in soci- sponsors of S. 109, a bill to prohibit year, the total number of immigrant visas ety as equal citizens. However, many States still do not provide sufficient community- taxpayer funded abortions. that are made available to natives of the country of Alemseghed Mussie Tesfamical’s based long-term services and supports to in- S. 113 birth under section 203(a) of the Immigration dividuals with disabilities to end segregation At the request of Mr. JOHNSON, the and Nationality Act (8 U.S.C. 1153(a)) or, if in institutions. names of the Senator from Missouri applicable, the total number of immigrant (4) The right to live in the community is (Mr. HAWLEY), the Senator from North visas that are made available to natives of necessary for the exercise of the civil rights Carolina (Mr. TILLIS), the Senator from such country under section 202(e) of such Act that the ADA was intended to secure for all Kansas (Mr. ROBERTS), the Senator (8 U.S.C. 1152(e)). individuals with disabilities. The lack of ade- (e) BUDGETARY EFFECTS.—The budgetary quate community-based services and sup- from Wyoming (Mr. BARRASSO) and the Senator from North Dakota (Mr. effects of this Act, for the purpose of com- ports has imperiled the civil rights of all in- plying with the Statutory Pay-As-You-Go dividuals with disabilities, and has under- HOEVEN) were added as cosponsors of S. Act of 2010 (Public Law 111–139), shall be de- mined the very promise of the ADA. It is, 113, a bill to appropriate funds for pay termined by reference to the latest state- therefore, necessary to recognize in statute a and allowances of excepted Federal em- ment titled ‘‘Budgetary Effects of PAYGO robust and fully articulated right to commu- ployees, and for other purposes. Legislation’’ for this Act, submitted for nity living.

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.011 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S222 CONGRESSIONAL RECORD — SENATE January 15, 2019 (5) States, with a few exceptions, continue pendent life, and that are delivered in which- (IV) that is physically accessible to the in- to approach decisions regarding long-term ever setting the individual with an LTSS dis- dividual with an LTSS disability living at services and supports from social welfare and ability has chosen out of the following set- the residence. budgetary perspectives, but for the promise tings with the following qualities: (4) DWELLING.—The term ‘‘dwelling’’ has of the ADA to be fully realized, States must (A) In the case of a dwelling or a nonresi- the meaning given the term in section 802 of approach these decisions from a civil rights dential setting (such as a setting in which an the Fair Housing Act (42 U.S.C. 3602). perspective. individual with an LTSS disability receives (5) HEALTH-RELATED TASKS.—The term (6) States have not consistently planned to day services and supported employment), a ‘‘health-related tasks’’ means specific ensure sufficient services and supports for dwelling or setting— nonacute tasks, typically regulated by individuals with disabilities, including those (i) that, as a matter of infrastructure, en- States as medical or nursing tasks that an with the most significant disabilities, to en- vironment, amenities, location, services, and individual with a disability may require to able individuals with disabilities to live in features, is integrated into the greater com- live in the community, including— (A) administration of medication; the most integrated setting. As a result, munity and supports, for each individual (B) assistance with use, operation, and many individuals with disabilities who re- with an LTSS disability who receives serv- maintenance of a ventilator; and side in institutions are prevented from resid- ices or supports at the setting— ing in the community and individuals with (C) maintenance and use of a gastrostomy (I) full access to the greater community tube, a catheter, or a stable ostomy. disabilities who are not in institutions find (including access to opportunities to seek themselves at risk of institutional place- (6) INDIVIDUAL WITH A DISABILITY.—The employment and work in competitive inte- term ‘‘individual with a disability’’ means an ment. grated settings, engage in community life, (7) The continuing existence of unfair and individual who is a person with a disability, control personal resources, and receive serv- as defined in section 3 of the Americans with unnecessary institutionalization denies indi- ices in the community); and viduals with disabilities the opportunity to Disabilities Act of 1990 (42 U.S.C. 12102). (II) access to the greater community to the live and participate on an equal basis in the (7) INDIVIDUAL WITH AN LTSS DISABILITY.— same extent as access to the community is community and costs the United States bil- The term ‘‘individual with an LTSS dis- enjoyed by an individual who is not receiving lions of dollars in unnecessary spending re- ability’’ means an individual with a dis- long-term services or supports; lated to perpetuating dependency and unnec- ability who— (ii) that the individual has selected as a essary confinement. (A) in order to live in the community and meaningful choice from among nonresiden- (b) PURPOSES.—The purposes of this Act lead an independent life requires assistance tial setting options, including nondisability- are— in accomplishing— specific settings; (1) to clarify and strengthen the ADA’s in- (i) activities of daily living; (iii) in which an individual has rights to tegration mandate in a manner that acceler- (ii) instrumental activities of daily living; privacy, dignity, and respect, and freedom ates State compliance; (iii) health-related tasks; or (2) to clarify that every individual who is from coercion and restraint; (iv) other functions, tasks, or activities re- eligible for long-term services and supports (iv) that, as a matter of infrastructure, en- lated to an activity or task described in has a federally protected right to be mean- vironment, amenities, location, services, and clause (i), (ii), or (iii); and ingfully integrated into that individual’s features, optimizes, but does not regiment, (B)(i) is currently in an institutional place- ment; or community and receive community-based individual initiative, autonomy, and inde- (ii) is at risk of institutionalization if the long-term services and supports; pendence in making life choices, including individual does not receive community-based (3) to ensure that States provide long-term choices about daily activities, physical envi- long-term services and supports. services and supports to individuals with dis- ronment, and persons with whom the indi- (8) INSTRUMENTAL ACTIVITIES OF DAILY LIV- abilities in a manner that allows individuals vidual interacts; and ING.— with disabilities to live in the most inte- (v) that, as a matter of infrastructure, en- (A) IN GENERAL.—The term ‘‘instrumental grated setting, including the individual’s vironment, amenities, location, services, and activities of daily living’’ means one or more own home, have maximum control over their features, facilitates individual choice regard- ing the provision of services and supports, activities related to living independently in services and supports, and ensure that long- the community, including activities related term services and supports are provided in a and who provides those services and sup- ports. to— manner that allows individuals with disabil- (i) nutrition, such as preparing meals or ities to lead an independent life; (B) In the case of a dwelling, a dwelling— (i) that is owned by an individual with an special diets, monitoring to prevent choking (4) to establish a comprehensive State or aspiration, or assisting with special uten- planning requirement that includes enforce- LTSS disability or the individual’s family member; sils; able, measurable objectives that are de- (ii) household chores and environmental (ii) that is leased to the individual with an signed to transition individuals with all maintenance tasks; LTSS disability under an individual lease, types of disabilities at all ages out of institu- (iii) communication and interpersonal that has lockable access and egress, and that tions and into the most integrated setting; skills, such as— includes living, sleeping, bathing, and cook- and (I) using the telephone or other commu- ing areas over which an individual with an (5) to establish a requirement for clear and nications devices; uniform annual public reporting by States LTSS disability or the individual’s family (II) forming and maintaining interpersonal that includes reporting about— member has domain and control; or relationships; or (A) the number of individuals with disabil- (iii) that is a group or shared residence— (III) securing opportunities to participate ities who are served in the community and (I) in which no more than 4 unrelated indi- in group support or peer-to-peer support ar- the number who are served in institutions; viduals with an LTSS disability reside; rangements; and (II) for which each individual with an (iv) travel and community participation, (B) the number of individuals with disabil- LTSS disability living at the residence owns, such as shopping, arranging appointments, ities who have transitioned from an institu- rents, or occupies the residence under a le- or moving around the community; tion to a community-based living situation, gally enforceable agreement under which the (v) care of others, such as raising children, and the type of community-based living situ- individual has, at a minimum, the same re- taking care of pets, or selecting caregivers; ation into which those individuals have sponsibilities and protections as tenants or transitioned. have under applicable landlord-tenant law; (vi) management of personal property and SEC. 3. DEFINITIONS AND RULE. (III) in which each individual with an personal safety, such as— (a) DEFINITIONS.—In this Act: LTSS disability living at the residence— (I) taking medication; (1) ACTIVITIES OF DAILY LIVING.—The term (aa) has privacy in the individual’s sleep- (II) handling or managing money; or ‘‘activities of daily living’’ has the meaning ing unit, including a lockable entrance door (III) responding to emergent situations or given the term in section 441.505 of title 42, controlled by the individual; unscheduled needs requiring an immediate Code of Federal Regulations (or a successor (bb) shares a sleeping unit only if such in- response. regulation). dividual and the individual sharing the unit (B) ASSISTANCE.—The term ‘‘assistance’’ (2) ADMINISTRATOR.—The term ‘‘Adminis- choose to do so, and if individuals in the resi- used with respect to instrumental activities trator’’ means— dence so choose, they also have a choice of of daily living, includes support provided to (A) the Administrator of the Administra- roommates within the residence; an individual by another person due to con- tion for Community Living; or (cc) has the freedom to furnish and deco- fusion, dementia, behavioral symptoms, or (B) another designee of the Secretary of rate the individual’s sleeping or living unit cognitive, intellectual, mental, or emotional Health and Human Services. as permitted under the lease or other agree- disabilities, including support to— (3) COMMUNITY-BASED.—The term ‘‘commu- ment; (i) help the individual identify and set nity-based’’, when used in reference to serv- (dd) has the freedom and support to control goals, overcome fears, and manage transi- ices or supports, means services or supports the individual’s own schedules and activities; tions; that are provided to an individual with an and (ii) help the individual with executive LTSS disability to enable that individual to (ee) is able to have visitors of the individ- functioning, decisionmaking, and problem live in the community and lead an inde- ual’s choosing at any time; and solving;

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.020 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S223 (iii) provide reassurance to the individual; of individuals with LTSS disabilities, to live SEC. 5. ADMINISTRATION. and in the community and lead an independent (a) AUTHORITY AND RESPONSIBILITY.— (iv) help the individual with orientation, life, which may include a requirement that (1) DEPARTMENT OF JUSTICE.—The Attorney memory, and other activities related to inde- an individual with an LTSS disability re- General shall— pendent living. ceive a service or support (such as day serv- (A) investigate and take enforcement ac- (9) LONG-TERM SERVICE OR SUPPORT.—The ices or employment services) in a congregate tion for violations of this Act; and terms ‘‘long-term service or support’’ and or disability-specific setting; (B) enforce section 6(c). ‘‘LTSS’’ mean the assistance provided to an (5) the imposition or application of a wait- (2) DEPARTMENT OF HEALTH AND HUMAN individual with a disability in accom- ing list or other mechanism that delays or SERVICES.—The Secretary of Health and plishing, acquiring the means or ability to restricts access of an individual with an Human Services, through the Administrator, accomplish, maintaining, or enhancing— LTSS disability to a community-based long- shall— (A) activities of daily living; term service or support; (A) conduct studies regarding the nature (B) instrumental activities of daily living; (6) a failure to establish an adequate rate and extent of institutionalization of individ- (C) health-related tasks; or or other payment structure that is necessary uals with LTSS disabilities in representative (D) other functions, tasks, or activities re- to ensure the availability of a workforce suf- communities, including urban, suburban, and lated to an activity or task described in sub- ficient to support an individual with an rural communities, throughout the United paragraph (A), (B), or (C). LTSS disability in living in the community States; (10) LTSS INSURANCE PROVIDER.—The term and leading an independent life; (B) publish and disseminate reports, rec- ‘‘LTSS insurance provider’’ means a public (7) a failure to provide community-based ommendations, and information derived or private entity that— services and supports, on an intermittent, from such studies, including an annual re- (A) provides funds for long-term services short-term, or emergent basis, that assist an port to Congress, specifying— and supports; and individual with an LTSS disability to live in (i) the nature and extent of progress in the (B) is engaged in commerce or in an indus- the community and lead an independent life; United States in eliminating institutional- try or activity affecting commerce. (8) the imposition or application of a pol- ization for individuals with LTSS disabil- (11) PUBLIC ENTITY.— icy, such as a requirement that an individual ities in violation of this Act and furthering (A) IN GENERAL.—The term ‘‘public entity’’ utilize informal support, that restricts, lim- the purposes of this Act; means an entity that— its, or delays the ability of an individual (ii) obstacles that remain in the effort to (i) provides or funds institutional place- with an LTSS disability to secure a commu- achieve the provision of community-based ments for individuals with LTSS disabilities; nity-based long-term service or support to long-term services and supports for all indi- and live in the community or lead an inde- viduals with LTSS disabilities; and (ii) is— pendent life; (iii) recommendations for further legisla- (I) a State or local government; or (9) a failure to implement a formal proce- tive or executive action; (II) any department, agency, entity admin- dure and a mechanism to ensure that— (C) cooperate with, and provide grants for istering a special purpose district, or other (A) individuals with LTSS disabilities are technical assistance to, Federal, State, and instrumentality, of a State or local govern- offered the alternative of community-based local public or private agencies and organi- ment. long-term services and supports prior to in- zations that are formulating or carrying out (B) INTERSTATE COMMERCE.—For purposes stitutionalization; and programs to prevent or eliminate institu- of subparagraph (A), a public entity shall be (B) if selected by an individual with an tionalization of individuals with LTSS dis- considered to be a person engaged in com- LTSS disability, the community-based long- abilities or to promote the provision of com- merce or in an industry or activity affecting term services and supports described in sub- munity-based long-term services and sup- commerce. paragraph (A) are provided; ports; (b) RULE OF CONSTRUCTION.—Nothing in (10) a failure to ensure that each institu- (D) implement educational and concilia- subsection (a)(2) or any other provision of tionalized individual with an LTSS dis- tory activities to further the purposes of this this section shall be construed to preclude an ability is regularly notified of the alter- Act; and individual with a disability from receiving native of community-based long-term serv- (E) refer information on violations of this community-based services and supports in an ices and supports and that those community- Act to the Attorney General for investiga- integrated community setting such as a gro- based long-term services and supports are tion and enforcement action under this Act. cery store, retail establishment, restaurant, provided if the individual with an LTSS dis- (b) COOPERATION OF EXECUTIVE DEPART- bank, park, concert venue, theater, or work- ability selects such services and supports; MENTS AND AGENCIES.—Each Federal agency place. and and, in particular, each Federal agency cov- (11) a failure to make a reasonable modi- SEC. 4. DISCRIMINATION. ered by Executive Order 13217 (66 Fed. Reg. fication in a policy, practice, or procedure, (a) IN GENERAL.—No public entity or LTSS 33155; relating to community-based alter- when such modification is necessary to allow insurance provider shall deny an individual natives for individuals with disabilities), an individual with an LTSS disability to re- with an LTSS disability who is eligible for shall carry out programs and activities re- ceive a community-based long-term service institutional placement, or otherwise dis- lating to the institutionalization of individ- or support. uals with LTSS disabilities and the provision criminate against that individual in the pro- (c) ADDITIONAL PROHIBITION.—For purposes vision of, community-based long-term serv- of community-based long-term services and of this Act, discrimination by a public entity supports for individuals with LTSS disabil- ices and supports that enable the individual also includes a failure to ensure that there is ities in accordance with this Act and shall to live in the community and lead an inde- sufficient availability of affordable, acces- cooperate with the Attorney General and the pendent life. sible, and integrated housing to allow an in- Administrator to further the purposes of this (b) SPECIFIC PROHIBITIONS.—For purposes of dividual with an LTSS disability to choose Act. this Act, discrimination by a public entity or to live in the community and lead an inde- LTSS insurance provider includes— pendent life, including the availability of an SEC. 6. REGULATIONS. (1) the imposition or application of eligi- option to live in housing where the receipt of (a) ISSUANCE OF REGULATIONS.—Not later bility criteria or another policy that pre- LTSS is not tied to tenancy. than 24 months after the date of enactment vents or tends to prevent an individual with (d) CONSTRUCTION.—Nothing in this sec- of this Act, the Attorney General and the an LTSS disability, or any class of individ- tion— Secretary of Health and Human Services uals with LTSS disabilities, from receiving a (1) shall be construed— shall issue, in accordance with section 553 of community-based long-term service or sup- (A) to prevent a public entity or LTSS in- title 5, United States Code, final regulations port; surance provider from providing community- to carry out this Act, which shall include the (2) the imposition or application of a pol- based long-term services and supports at a regulations described in subsection (b). icy or other mechanism, such as a service or level that is greater than the level that is re- (b) REQUIRED CONTENTS OF REGULATIONS.— cost cap, that prevent or tends to prevent an quired by this section; or (1) ELIGIBLE RECIPIENTS OF SERVICE.—The individual with an LTSS disability, or any (B) to limit the rights of an individual with regulations shall require each public entity class of individuals with LTSS disabilities, a disability under any provision of law other and LTSS insurance provider to offer, and, if from receiving a community-based long-term than this section; accepted, provide community-based long- service or support; (2) shall be construed to affect the scope of term services and supports as required under (3) a failure to provide a specific commu- obligations imposed by any other provision this Act to any individual with an LTSS dis- nity-based long-term service or support or a of law; or ability who would otherwise qualify for in- type of community-based long-term service (3) shall be construed to prohibit a public stitutional placement provided or funded by or support needed for an individual with an entity or LTSS insurance provider from the public entity or LTSS insurance pro- LTSS disability, or any class of individuals using managed care techniques, as long as vider. with LTSS disabilities; the use of such techniques does not have the (2) SERVICES TO BE PROVIDED.—The regula- (4) the imposition or application of a pol- effect of discriminating against an indi- tions issued under this section shall require icy, rule, regulation, or restriction that vidual in the provision of community-based each public entity and LTSS insurance pro- interferes with the opportunity for an indi- long-term services and supports, as prohib- vider to provide the Attorney General and vidual with an LTSS disability, or any class ited by this Act. the Administrator with an assurance that

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.020 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S224 CONGRESSIONAL RECORD — SENATE January 15, 2019 the public entity or LTSS insurance pro- (i) collection of baseline information, in- (C) establish, where needed, necessary pref- vider— cluding the numbers of individuals with erences and set-asides in housing programs (A) ensures that individuals with LTSS LTSS disabilities in various institutional for individuals with LTSS disabilities who disabilities receive assistance through and community-based settings served by the are transitioning from or avoiding institu- hands-on assistance, training, cueing, and public entity or LTSS insurance provider; tional placement; safety monitoring, including access to (ii) a review of community capacity, in (D) establish a process to fund necessary backup systems, with— communities served by the entity or pro- home modifications so that individuals with (i) activities of daily living; vider, in providing community-based long- LTSS disabilities can live independently; (ii) instrumental activities of daily living; term services and supports; and (iii) health-related tasks; or (iii) identification of improvements needed (E) ensure, and assure the Administrator (iv) other functions, tasks, or activities re- to ensure that all community-based long- and the Attorney General, that funds and lated to an activity or task described in term services and supports provided by the programs implemented or overseen by the clause (i), (ii), or (iii); public entity or LTSS insurance provider to public entity or in the public entity’s juris- (B) coordinates, conducts, performs, pro- individuals with LTSS disabilities are com- diction are targeted toward affordable, ac- vides, or funds discharge planning from prehensive, are accessible, are not duplica- cessible, integrated housing for individuals acute, rehabilitation, and long-term facili- tive of existing (as of the date of the identi- with an LTSS disability who have the lowest ties to promote individuals with LTSS dis- fication) services and supports, meet the income levels in the jurisdiction as a pri- abilities living in the most integrated set- needs of persons who are likely to require as- ority over any other development until ca- ting chosen by the individuals; pacity barriers for such housing are removed sistance in order to live, or lead a life, as de- (C) issues, conducts, performs, provides, or or unmet needs for such housing have been scribed in section 4(a), and are high-quality funds policies and programs to promote self- met. services and supports, which may include direction and the provision of consumer-di- (7) DESIGNATION OF RESPONSIBLE EM- identifying system improvements that cre- rected services and supports for all popu- PLOYEE.—The regulations issued under this ate an option to self-direct receipt of such lations of individuals with LTSS disabilities section shall require each public entity and services and supports for all populations of served; LTSS insurance provider to designate at such individuals served; and (D) issues, conducts, performs, provides, or least one employee to coordinate the entity’s funds policies and programs to support infor- (iv) a review of funding sources for commu- or provider’s efforts to comply with and mal caregivers who provide services for indi- nity-based long-term services and supports carry out the entity or provider’s respon- viduals with LTSS disabilities; and and an analysis of how those funding sources sibilities under this Act, including the inves- (E) ensures that individuals with all types could be organized into a fair, coherent sys- tigation of any complaint communicated to of LTSS disabilities are able to live in the tem that affords individuals reasonable and the entity or provider that alleges a viola- community and lead an independent life, in- timely access to community-based long-term tion of this Act. Each public entity and cluding ensuring that the individuals have services and supports. LTSS insurance provider shall make avail- maximum control over the services and sup- (B) PUBLIC ENTITY.—A public entity, in- able to all interested individuals the name, ports that the individuals receive, choose the cluding an LTSS insurance provider that is a office address, and telephone number of the setting in which the individuals receive public entity, shall— employee designated pursuant to this para- those services and supports, and exercise (i) include in the self-evaluation described graph. control and direction over their own lives. in subparagraph (A)— (8) GRIEVANCE PROCEDURES.—The regula- (3) PUBLIC PARTICIPATION.— (I) an assessment of the availability of ac- tions issued under this section shall require (A) PUBLIC ENTITY.—The regulations issued cessible, affordable transportation across the public entities and LTSS insurance providers under this section shall require each public State involved and whether transportation to adopt and publish grievance procedures entity to carry out an extensive public par- barriers prevent individuals from receiving providing for prompt and equitable resolu- ticipation process in preparing the public en- long-term services and supports in the most tion of complaints alleging a violation of tity’s self-evaluation under paragraph (5) and integrated setting; and this Act. transition plan under paragraph (10). (II) an assessment of the availability of in- (9) PROVISION OF SERVICE BY OTHERS.—The (B) LTSS INSURANCE PROVIDER.—The regu- tegrated employment opportunities in the regulations issued under this section shall lations issued under this section shall re- jurisdiction served by the public entity for require each public entity submitting a self- quire each LTSS insurance provider to carry individuals with LTSS disabilities; and evaluation under paragraph (5) to identify, out a public participation process that in- (ii) provide the self-evaluation described in as part of the transition plan described in volves holding a public hearing, providing an subparagraph (A) to the Attorney General paragraph (10), any other entity that is, or opportunity for public comment, and con- and the Administrator. acts as, an agent, subcontractor, or other in- sulting with individuals with LTSS disabil- (C) LTSS INSURANCE PROVIDER.—An LTSS strumentality of the public entity with re- ities, in preparing the LTSS insurance pro- insurance provider shall keep the self-eval- gards to a service, support, policy, or prac- vider’s self-evaluation under paragraph (5). uation described in subparagraph (A) on file, tice described in such plan or self-evalua- (C) PROCESS.—In carrying out a public par- and may be required to produce such self- tion. ticipation process under subparagraph (A) or evaluation in the event of a review, inves- (10) TRANSITION PLANS.—The regulations (B), a public entity or LTSS insurance pro- tigation, or action described in section 8. issued under this section shall require each vider shall ensure that the process meets the (6) ADDITIONAL REQUIREMENT FOR PUBLIC public entity, not later than 42 months after requirements of subparagraphs (A) and (C) of ENTITIES.—The regulations issued under this the date of enactment of this Act, to submit section 1115(d)(2) of the Social Security Act section shall require a public entity, in con- to the Administrator, and begin imple- (42 U.S.C. 1315(d)(2)), except that— junction with the housing agencies serving menting, a transition plan for carrying out (i) the reference to ‘‘at the State level’’ the jurisdiction served by the public entity, this Act that establishes the achievement of shall be disregarded; and to review and improve community capacity, the requirements of this Act, as soon as (ii) the reference to an application shall be in all communities throughout the entirety practicable, but in no event later than 12 considered to be a reference to the self-eval- of that jurisdiction, in providing affordable, years after the date of enactment of this uation or plan involved. accessible, and integrated housing, including Act. The transition plan shall— (4) ADDITIONAL SERVICES AND SUPPORTS.— an evaluation of available units, unmet need, (A) establish measurable objectives to ad- The regulations issued under this section and other identifiable barriers to the provi- dress the barriers to community living iden- shall establish circumstances under which a sion of that housing. In carrying out that tified in the self-evaluation under paragraph public entity shall provide community-based improvement, the public entity, in conjunc- (5); long-term services and supports under this tion with such housing agencies, shall— (B) establish specific annual targets for the section beyond the level of community-based (A) ensure, and assure the Administrator transition of individuals with LTSS disabil- long-term services and supports which would and the Attorney General that there is, suffi- ities, and shifts in funding, from institu- otherwise be required under this subsection. cient availability of affordable, accessible, tional settings to integrated community- (5) SELF-EVALUATION.— and integrated housing in a setting that is based services and supports, and related pro- (A) IN GENERAL.—The regulations issued not a disability-specific residential setting grams; under this section shall require each public or a setting where services are tied to ten- (C) describe specific efforts to support indi- entity and each LTSS insurance provider, ancy, in order to provide individuals with viduals with LTSS disabilities to avoid un- not later than 30 months after the date of en- LTSS disabilities a meaningful choice in wanted institutionalization through the pro- actment of this Act, to evaluate current their housing; vision of LTSS; and services, policies, and practices, and the ef- (B) in order to address the need for afford- (D) describe the manner in which the pub- fects thereof, that do not or may not meet able, accessible, and integrated housing— lic entity has obtained or plans to obtain the requirements of this Act and, to the ex- (i) in the case of such a housing agency, es- necessary funding and resources needed for tent modification of any such services, poli- tablish relationships with State and local implementation of the plan (regardless of cies, and practices is required to meet the re- housing authorities; and whether the entity began carrying out the quirements of this Act, make the necessary (ii) in the case of the public entity, estab- objectives of this Act prior to the date of en- modifications. The self-evaluation shall in- lish relationships with State and local hous- actment of this Act). clude— ing agencies, including housing authorities; (11) ANNUAL REPORTING.—

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(A) IN GENERAL.—The regulations issued (C) PERIOD OF INCREASE.—The Secretary of the beliefs of such organization, association, under this section shall establish annual re- Health and Human Services shall increase or society. porting requirements for each public entity the FMAP described in subparagraph (B)— SEC. 8. ENFORCEMENT. covered by this section. (i) beginning with the first quarter that be- (a) CIVIL ACTION.— (B) PROGRESS ON OBJECTIVES, TARGETS, AND gins after the date of the determination; and (1) IN GENERAL.—A civil action for preven- EFFORTS.—The regulations issued under this (ii) ending with the quarter in which the tive relief, including an application for a per- section shall require each public entity that next annual determination under subpara- manent or temporary injunction, restraining has submitted a transition plan to submit to graph (A) occurs. order, or other order, may be instituted by the Administrator an annual report on the (D) ADDITIONAL CONDITION FOR PAYMENT.— an individual described in paragraph (2) in an progress the public entity has made during (i) STATE REPORT.—As a condition for the appropriate Federal district court. the previous year in meeting the measurable receipt of a payment based on an increase de- (2) AGGRIEVED INDIVIDUAL.— objectives, specific annual targets, and spe- scribed in subparagraph (B) with respect to (A) IN GENERAL.—The remedies and proce- cific efforts described in paragraph (10). amounts to be expended by the State for dures set forth in this section are the rem- (12) OTHER PROVISIONS.—The regulations medical assistance consisting of home and edies and procedures this Act provides to any issued under this section shall include such community-based services described in sub- individual who is being subjected to a viola- other provisions and requirements as the At- paragraph (B), the State shall report to the tion of this Act, or who has reasonable torney General and the Secretary of Health Secretary, for the reporting year, the grounds for believing that such individual is and Human Services determine are necessary amount of funds expended by the State for about to be subjected to such a violation. to carry out the objectives of this Act. home and community-based services (as de- (B) STANDING.—An individual with a dis- (c) REVIEW OF TRANSITION PLANS.— fined in subparagraph (E)(ii)) in that year. ability shall have standing to institute a (1) GENERAL RULE.—The Administrator The State shall make the report in a format civil action under this subsection if the indi- shall review a transition plan submitted in developed or approved by the Secretary. vidual makes a prima facie showing that the accordance with subsection (b)(10) for the (ii) REDUCTION IN PAYMENT IF FAILURE TO individual— purpose of determining whether such plan MAINTAIN EFFORT.—If the amount reported (i) is an individual with an LTSS dis- meets the requirements of this Act, includ- under clause (i) by a State with respect to a ability; and ing the regulations issued under this section. reporting year is less than the amount re- (ii) is being subjected to, or about to be (2) DISAPPROVAL.—If the Administrator de- ported under clause (i) with respect to the subjected to, such a violation (including a termines that a transition plan reviewed previous fiscal year or fiscal year 2019, violation of section 4(b)(11)). under this subsection fails to meet the re- whichever was the greater reported amount, (3) APPOINTMENT OF ATTORNEY; NO FEES, quirements of this Act, the Administrator the Secretary shall provide for a reduction in COSTS, OR SECURITY.—Upon application by shall disapprove the transition plan and no- the payment to the State based on the in- the complainant described in paragraph (2) tify the public entity that submitted the crease. and in such circumstances as the court may transition plan of, and the reasons for, such (E) DEFINITIONS.—In this paragraph: determine to be just, the court may appoint disapproval. (i) FMAP.—The term ‘‘FMAP’’ means the an attorney for the complainant and may au- (3) MODIFICATION OF DISAPPROVED PLAN.— Federal medical assistance percentage for a thorize the commencement of such civil ac- Not later than 90 days after the date of dis- State determined under section 1905(b) of the tion without the payment of fees, costs, or approval of a transition plan under this sub- Social Security Act (42 U.S.C. 1396d(b)) with- security. section, the public entity that submitted the out regard to any increases in that percent- (4) FUTILE GESTURE NOT REQUIRED.—Noth- transition plan shall modify the transition age applicable under other subsections of ing in this section shall require an individual plan to meet the requirements of this section that section or any other provision of law, with an LTSS disability to engage in a futile and shall submit to the Administrator, and including this section. gesture if such person has actual notice that commence implementation of, such modified (ii) HOME AND COMMUNITY-BASED SERVICES a public entity or LTSS insurance provider transition plan. DEFINED.—The term ‘‘home and community- does not intend to comply with the provi- (4) INCENTIVES.— based services’’ means any of the following sions of this Act. (A) DETERMINATION.—For 10 years after the services provided under a State Medicaid (b) DAMAGES AND INJUNCTIVE RELIEF.—If issuance of the regulations described in sub- plan under title XIX of the Social Security the court finds that a violation of this Act section (a), the Secretary of Health and Act (42 U.S.C. 1396 et seq.) or a waiver of such has occurred or is about to occur, the court Human Services shall annually determine plan: may award to the complainant— whether each State, or each other public en- (I) Home and community-based services (1) actual and punitive damages; tity in the State, is complying with the tran- provided under subsection (c), (d), or (i) of (2) immediate injunctive relief to prevent sition plan or modified transition plan the section 1915 of the Social Security Act (42 institutionalization; State or other public entity submitted, and U.S.C. 1396n). obtained approval for, under this section. (3) as the court determines to be appro- (II) Home health care services. Notwithstanding any other provision of law, priate, any permanent or temporary injunc- (III) Personal care services. if the Secretary of Health and Human Serv- tion (including an order to immediately pro- (IV) Services described in section ices determines under this subparagraph vide or maintain community-based long- 1905(a)(26) of the Social Security Act (42 that the State or other public entity is com- term services or supports for an individual to U.S.C. 1396d(a)(26)) (relating to PACE pro- plying with the corresponding transition prevent institutionalization or further insti- gram services). plan, the Secretary shall make the increase tutionalization), temporary restraining (V) Self-directed personal assistance serv- described in subparagraph (B). order, or other order (including an order en- ices provided in accordance with section (B) INCREASE IN FMAP.—On making the de- joining the defendant from engaging in a 1915(j) of the Social Security Act (42 U.S.C. termination described in subparagraph (A) practice that violates this Act or ordering 1396n(j)). for a public entity (including a State), the such affirmative action as may be appro- (VI) Community-based attendant services Secretary of Health and Human Services priate); and and supports provided in accordance with shall, as described in subparagraph (C), in- (4) in an appropriate case, injunctive relief section 1915(k) of the Social Security Act (42 crease by 5 percentage points the FMAP (but to require the modification of a policy, prac- U.S.C. 1396n(k)). shall in no event increase the FMAP above tice, or procedure, or the provision of an al- (VII) Rehabilitative services, within the 100 percent) for the State in which the public ternative method of providing LTSS, to the meaning of section 1905(a)(13) of the Social entity is located for amounts expended by extent required by this Act. Security Act (42 U.S.C. 1396d(a)(13)). the State for medical assistance consisting (c) ATTORNEY’S FEES; LIABILITY OF UNITED (iii) REPORTING YEAR.—The term ‘‘report- of home and community-based services fur- STATES FOR COSTS.—In any action com- ing year’’ means the most recent fiscal year nished under the State Medicaid plan under menced pursuant to this Act, the court, in preceding the date of a report under subpara- title XIX of the Social Security Act (42 its discretion, may allow the party bringing graph (D)(i). U.S.C. 1396 et seq.) or a waiver of such plan— (d) RULE OF CONSTRUCTION.—Nothing in a claim or counterclaim under this Act, (i) that— subsection (b)(10) or (c) or any other provi- other than the United States, a reasonable (I) are identified by a public entity or sion of this Act shall be construed to limit attorney’s fee as part of the costs, and the LTSS insurance provider under subsection the rights, protections, or requirements of United States shall be liable for costs to the (b)(5)(A)(iii); any other Federal law, relating to integra- same extent as a private person. (II) resulted from shifts in funding identi- tion of individuals with disabilities into the (d) ENFORCEMENT BY ATTORNEY GENERAL.— fied by a public entity under subsection community and enabling those individuals to (1) DENIAL OF RIGHTS.— (b)(10)(B); or live in the most integrated setting. (A) DUTY TO INVESTIGATE.—The Attorney (III) are environmental modifications to SEC. 7. EXEMPTIONS FOR RELIGIOUS ORGANIZA- General shall investigate alleged violations achieve the affordable, accessible, integrated TIONS. of this Act, and shall undertake periodic re- housing identified by a public entity under This Act shall not prohibit a religious or- views of the compliance of public entities subsection (b)(6)(E); and ganization, association, or society from giv- and LTSS insurance providers under this (ii) are described by the State in a request ing preference in providing community-based Act. to the Secretary of Health and Human Serv- long-term services and supports to individ- (B) POTENTIAL VIOLATION.—The Attorney ices for the increase. uals of a particular religion connected with General may commence a civil action in any

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.020 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S226 CONGRESSIONAL RECORD — SENATE January 15, 2019 appropriate Federal district court if the At- the City of Vallejo in California to the GILLIBRAND, Mrs. SHAHEEN, Mr. torney General has reasonable cause to be- Department of Veterans Affairs (VA) MERKLEY, Mr. PETERS, Mr. CARDIN, lieve that— where it belongs. Mrs. FEINSTEIN, Ms. SINEMA, and Mr. (i) any public entity or LTSS insurance The Mare Island Naval Cemetery is ARPER provider, including a group of public entities C ) submitted the following reso- or LTSS insurance providers, is engaged in a the oldest military cemetery on the lution; which was referred to the Com- pattern or practice of violations of this Act; West Coast. Opened in 1856, it was mittee on Rules and Administration: or originally part of Mare Island Naval S. RES. 18 (ii) any individual, including a group, has Shipyard, the first U.S. naval base es- Whereas Texas, Wisconsin, Alabama, Ar- been subjected to a violation of this Act and tablished on the Pacific Ocean. The kansas, Arizona, Florida, Georgia, Indiana, the violation raises an issue of general public historic cemetery is the final resting Kansas, Louisiana, Paul LePage (Governor of importance. place for 860 veterans and their loved Maine), Mississippi (by and through Gov- (2) AUTHORITY OF COURT.—In a civil action ones, including three Medal of Honor ernor Phil Bryant), Missouri, Nebraska, under paragraph (1)(B), the court— North Dakota, South Carolina, South Da- (A) may grant any equitable relief that recipients. Anna Arnold Key, the daughter of Francis Scott Key, is also kota, Tennessee, Utah, West Virginia, and such court considers to be appropriate, in- individual plaintiffs have filed suit in the cluding, to the extent required by this Act— buried there, next to her husband who United States District Court for the North- (i) granting temporary, preliminary, or fought in the War of 1812. After the ern District of Texas, arguing that the Pa- permanent relief; and base closed in 1996, the nearby City of tient Protection and Affordable Care Act (ii) requiring the modification of a policy, Vallejo assumed control of the naval (Public Law 111–148; 124 Stat. 119) and the practice, or procedure, or the provision of an property and cemetery. Health Care and Education Reconciliation alternative method of providing LTSS; Unfortunately, the city doesn’t have Act of 2010 (Public Law 111–152; 124 Stat. 1029) (B) may award such other relief as the are unconstitutional and should be enjoined, court considers to be appropriate, including the necessary funds to properly care for the cemetery. The city is also ineli- by asserting that the requirement under damages to individuals described in sub- those Acts to maintain minimum essential section (a)(2), when requested by the Attor- gible for VA support since it’s not part coverage (commonly known as the ‘‘indi- ney General; and of the State or Federal government. vidual responsibility provision’’) in section (C) may, to vindicate the public interest, The maintenance, therefore, is left to 5000A of the Internal Revenue Code of 1986 is assess a civil penalty against the public enti- volunteers with limited resources who unconstitutional following the amendment ty or LTSS insurance provider in an lack the expertise necessary to main- of that provision by the Act to provide for amount— tain this historic cemetery. reconciliation pursuant to titles II and V of (i) not exceeding $100,000 for a first viola- the concurrent resolution on the budget for tion; and The cemetery has fallen into dis- repair and is no longer a fitting tribute fiscal year 2018 (Public Law 115–97; 131 Stat. (ii) not exceeding $200,000 for any subse- 2054) (commonly known as the ‘‘Tax Cuts and quent violation. to the brave men and women buried Jobs Act’’); (3) SINGLE VIOLATION.—For purposes of there. Gravestones are toppled over, Whereas these State and individual plain- paragraph (2)(C), in determining whether a broken, or sinking into the ground. tiffs also seek to strike down the entire Pa- first or subsequent violation has occurred, a Plants and weeds are overgrown, and tient Protection and Affordable Care Act as determination in a single action, by judg- water is pooling due to the lack of not severable from the individual responsi- ment or settlement, that the public entity or proper drainage. The cemetery’s cur- bility provision; LTSS insurance provider has engaged in Whereas, on June 7, 2018, the Department more than one violation of this Act shall be rent condition requires urgent action to restore the gravestones and grounds of Justice refused to defend the constitu- counted as a single violation. tionality of the amended individual responsi- SEC. 9. CONSTRUCTION. to a respectable condition. Our bill bility provision, despite the well-established For purposes of construing this Act— would accomplish this by transferring duty of the Department to defend Federal (1) section 4(b)(11) shall be construed in a control to the VA’s National Cemetery statutes where reasonable arguments can be manner that takes into account its similar- Administration. made in their defense; ities with section 302(b)(2)(A)(ii) of the Amer- The transfer would not only allow Whereas the Department of Justice not icans with Disabilities Act of 1990 (42 U.S.C. the VA to restore the cemetery, but only refused to defend the amended indi- 12182(b)(2)(A)(ii)); vidual responsibility provision, but it affirm- (2) the first sentence of section 6(b)(5)(A) also ensure it’s maintained for future generations to pay their respects to the atively argued that this provision is uncon- shall be construed in a manner that takes stitutional and that the provisions of the Pa- into account its similarities with section heroes buried there. I want to thank tient Protection and Affordable Care Act 35.105(a) of title 28, Code of Federal Regula- Congressman MIKE THOMPSON (D–CA) guaranteeing issuance of insurance coverage tions (as in effect on the day before the date for leading this effort in the House. regardless of health status or pre-existing of enactment of this Act); Passing this bill would be a small, but conditions (commonly known as the ‘‘guar- (3) section 7 shall be construed in a manner important, token of our gratitude to anteed issue provision’’), sections 2702, 2704, that takes into account its similarities with the veterans to whom we owe so much. and 2705(a) of the Public Health Service Act section 807(a) of the Civil Rights Act of 1968 (42 U.S.C. 300gg–1, 300gg–3, 300gg–4(a)), and f (42 U.S.C. 3607(a)); prohibiting discriminatory premium rates (4) section 8(a)(2) shall be construed in a SUBMITTED RESOLUTIONS (commonly known as the ‘‘community rating manner that takes into account its similar- provision’’), sections 2701 and 2705(b) of the ities with section 308(a)(1) of the Americans Public Health Service Act (42 U.S.C. with Disabilities Act of 1990 (42 U.S.C. SENATE RESOLUTION 18—AUTHOR- 300gg(a)(1), 300gg–4(b)), must now be struck 12188(a)(1)); and IZING THE SENATE LEGAL COUN- down as not severable from the individual re- (5) section 8(d)(1)(B) shall be construed in a sponsibility provision; and manner that takes into account its similar- SEL TO REPRESENT THE SEN- ATE IN TEXAS V. UNITED Whereas the district court in Texas v. ities with section 308(b)(1)(B) of the Ameri- United States, No. 4:18–cv–00167–O (N.D. Tex.) cans with Disabilities Act of 1990 (42 U.S.C. STATES NO. 4:18–CV–00167–O (N.D. issued an order on December 14, 2018 declar- 12188(b)(1)(B)). TEX.) ing that the individual responsibility provi- sion in section 5000A of the Internal Revenue By Mrs. FEINSTEIN (for herself, Mr. MANCHIN (for himself, Ms. ROSEN, Mr. CASEY, Mr. TESTER, Mr. Code of 1986 is unconstitutional and that all Ms. HARRIS, Ms. WARREN, Mr. the provisions of the Patient Protection and BROWN, Ms. CORTEZ MASTO, Mr. WAR- MENENDEZ, and Mr. MARKEY): Affordable Care Act are not severable and S. 127. A bill to direct the Secretary NER, Mr. VAN HOLLEN, Ms. BALDWIN, therefore are invalid: Now, therefore, be it of Veterans Affairs to seek to enter Ms. CANTWELL, Mr. WHITEHOUSE, Mr. Resolved, That the Senate Legal Counsel is into an agreement with the city of REED, Ms. HARRIS, Ms. HIRONO, Ms. authorized to represent the Senate in Texas Vallejo, California, for the transfer of DUCKWORTH, Mr. WYDEN, Ms. HASSAN, v. United States, No. 4:18–cv–00167–O (N.D. Mare Island Naval Cemetery in Vallejo, Mr. KING, Mr. MARKEY, Mr. SCHUMER, Tex.), including seeking to— California, and for other purposes; to Mr. LEAHY, Mrs. MURRAY, Mr. UDALL, (1) intervene as a party in the matter and Mr. DURBIN, Ms. SMITH, Mr. BOOKER, any appellate or related proceedings; and the Committee on Veterans’ Affairs. (2) defend all provisions of the Patient Pro- Mr. BLUMENTHAL, Mr. BENNET, Ms. Mrs. FEINSTEIN. Mr. President, tection and Affordable Care Act and the today I am proud to reintroduce the KLOBUCHAR, Mr. COONS, Mr. SCHATZ, Health Care and Education Reconciliation Mare Island Naval Cemetery Transfer Mr. MENENDEZ, Mr. JONES, Mr. HEIN- Act of 2010, the amendments made by those Act, which would transfer control of RICH, Ms. STABENOW, Ms. WARREN, Mr. Acts to other provisions of law, and any the Mare Island Naval Cemetery from MURPHY, Mr. KAINE, Mr. SANDERS, Mrs. amendments to such provisions, including

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.020 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE January 15, 2019 CONGRESSIONAL RECORD — SENATE S227 the provisions ensuring affordable health The PRESIDING OFFICER. The Sen- istration and by both majorities in the coverage for those with pre-existing condi- ator from Pennsylvania. Houses of Congress to make substan- tions. f tial changes to Medicaid, and it did not f happen. So failing all those attempts, AUTHORITY FOR COMMITTEES TO MEDICARE now the administration, I would as- MEET Mr. CASEY. Madam President, I rise sume, is trying to do it secretively but, now exposed, wants to make changes to Mr. CORNYN. Mr. President, I have 2 to talk about the Medicare Program and in particular a news story that Medicaid by way of granting waivers requests for committees to meet during and inviting States to, in essence, today’s session of the Senate. They came to our attention this past week- end. change Medicaid at the State level. have the approval of the Majority and This initiative will not affect Penn- Minority leaders. This is the headline from a story dated January 11, late in the day, and sylvania—or it is highly unlikely to af- Pursuant to rule XXVI, paragraph fect Pennsylvania in the near term. So it is by The Hill newspaper. You will 5(a), of the Standing Rules of the Sen- this is about major parts of the coun- not be able to see it from a distance, ate, the following committees are au- try but not every State. It is a bad but the headline reads: ‘‘Trump offi- thorized to meet during today’s session idea, in short order, because what this cials consider allowing Medicaid block of the Senate: block granting means is benefits get grants for states.’’ COMMITTEE ON THE JUDICIARY cut. Here is what just the first two short The Committee on the Judiciary is It is very simple. When you cut a pro- paragraphs outline. The story begins as gram that is focused on healthcare for authorized to meet during the session follows: of the Senate on Tuesday, January 15, low-income children, healthcare cov- The Trump administration is considering erage for those with disabilities, chil- 2019, at 9:30 a.m., to conduct a hearing moving forward with a major conservative on the nomination of William Pelham dren and adults, and helping seniors change to Medicaid by allowing States to get have the benefit of skilled care in a Barr, of Virginia, to be Attorney Gen- block grants for the program, sources say. eral, Department of Justice. Capping the amount of money that the fed- nursing home—that is another benefit of Medicaid—you are talking about SELECT COMMITTEE ON INTELLIGENCE eral government spends on the health insur- benefits being cut over time. Maybe The Select Committee on Intel- ance program for the poor through a block grant has long been a conservative goal. It there will be more cuts in one State ligence is authorized to meet during was a controversial part of the ObamaCare versus the other, depending upon the the session of the Senate on Tuesday, repeal debate in 2017, with much of the pub- nature of the waiver and the particu- January 15, 2019, at 2:30 p.m., to con- lic rallying against cuts to Medicaid. lars of the program in that State, but duct a closed hearing. After the failure of that repeal effort, the it is going to be cutting Medicaid. It is f Trump administration is now considering a bad idea, and I think the American issuing guidance to states encouraging them PRIVILEGES OF THE FLOOR to apply for caps on federal Medicaid spend- people understand that, especially after the debate in 2017. It is a bad idea, Mr. CASEY. I ask unanimous consent ing in exchange for additional flexibility on and I think the American people under- that Rahmon Ross of my staff be grant- how they run the program, according to peo- ple familiar with the discussions. stand that. ed floor privileges for today’s pro- Maybe there are some folks who ceedings. I will not read the rest of the story, and I will not enter the whole story didn’t really appreciate Medicaid; prob- The PRESIDING OFFICER. Without ably a lot of them in Washington didn’t objection, it is so ordered. into the RECORD because folks can look it up, and there are other stories as appreciate Medicaid before the 2017 and f well that cover this same news. So, in 2018 debates. Maybe there are folks who ORDERS FOR WEDNESDAY, a sense, it is a big new development, weren’t paying attention for a lot of JANUARY 16, 2019 but it is an old story. years and didn’t realize the scope of Medicaid, didn’t realize it covers 70 Mr. MCCONNELL. Madam President, It is an old story of Members of Con- million Americans. I know that is why I ask unanimous consent that when the gress and the administration coming together to try to make changes to the some Republican-elected officials in Senate completes its business today, it the Congress are very hostile to it; adjourn until 10 a.m., Wednesday, Jan- Medicaid Program. In this case, it dif- fers only slightly in that, so far at they think it covers too many people. uary 16; further, that following the But after 2017, those who were mis- least, this seems to be an initiative prayer and pledge, the morning hour be informed or had forgotten or just were that is an administration-led initia- deemed expired, the Journal of pro- never aware of the benefits of Medicaid tive. We are not aware of any—as far as ceedings be approved to date, the time got a real good reminder because of the I know—congressional involvement, for the two leaders be reserved for their debate we had. That was one positive but it is not all that much different, use later in the day, and morning busi- outgrowth of that long and difficult de- right? It is the same thing. ness be closed; further, that following bate on healthcare generally—the Af- We had a long debate in 2017 about leader remarks, the Senate resume fordable Care Act specifically—but whether we should not only repeal the consideration of S.J. Res. 2, with the also, by extension, Medicaid. time until 12:30 p.m. equally divided be- Affordable Care Act but thereby do two A proposal like this to block-grant tween the two leaders or their des- things to Medicaid—one is to end over Medicaid, which was proposed numer- ignees; finally, notwithstanding the time Medicaid expansion, and second ous times here in the Congress over the provisions of rule XXII, the cloture would be to have cuts to Medicaid that last couple of years, hurts basically vote with respect to S.J. Res. 2 occur would result from this same idea, the those three groups of Americans. It at 12:30 p.m., tomorrow, and if cloture so-called block granting of Medicaid. hurts kids, hurts people with disabil- is not invoked, S.J. Res. 2 be returned I believe we litigated—if we can use ities, and hurts our seniors. to the calendar. that word in a legislative sense—that I think the part of it that people tend The PRESIDING OFFICER. Without in 2017. The repeal bill did not pass the to forget is that this program helps objection, it is so ordered. Senate in the summer of 2017. There middle-class families as well. If you f were other attempts that didn’t come have a disability, your income might to a vote on full repeal. Then we had an be higher than low income, but you get ORDER FOR ADJOURNMENT election in 2018. Healthcare was a the benefit of Medicaid. A lot of mid- Mr. MCCONNELL. If there is no fur- major part of that debate, most of it dle-class families have a loved one in a ther business to come before the Sen- centering on protections for pre- nursing home who would not be able to ate, I ask unanimous consent that it existing conditions and other consumer afford that kind of long-term care stand adjourned under the previous protections in the law. without the benefit of Medicaid. A lot order, following the remarks of our If you look at the last 2 years, we had of those families are middle class. Democratic colleagues. one-party rule in Washington—Repub- When it comes to children, of course, The PRESIDING OFFICER. Without lican President, House, and Senate. it is for children from low-income fam- objection, it is so ordered. There were major efforts by the admin- ilies, but those children are getting

VerDate Sep 11 2014 02:36 Jan 16, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A15JA6.021 S15JAPT1 dlhill on DSK3GLQ082PROD with SENATE S228 CONGRESSIONAL RECORD — SENATE January 15, 2019 what many believe to be the gold that will lead to the cutting back of a Pam goes on to say: ‘‘Without med- standard for children’s healthcare. program like Medicaid—whether it is ical assistance, our family would be I like to say that in Pennsylvania, by way of legislation or by way of bankrupt or my son would go without Medicaid is a 40–50–60 program. It is waiver or regulation—they need to the therapies he sincerely needs.’’ real simple: 40 percent of the kids in hear from us. At the end of the letter, she con- our State, thankfully, have the benefit I, for one, am willing to fight on this cludes by asking me, as her representa- of Medicaid; 50 percent of people with for a long time. If I do nothing else but tive, to think about her family when disabilities—roughly, about half of the fight this battle, sign me up because we we are debating these issues. She talks people in our State with disabilities are going to fight hard. I am not cer- about her husband and her son Rowan get the benefit of Medicaid. Thank tain we will win, but I think we will first, and then she concludes the letter goodness they do. Thirdly, 60 percent of win this battle. Medicaid tells us who this way: people getting long-term care in Penn- we are. Why do I say that? Well, be- Please think of my 9-month-old daughter, sylvania could not get it without the cause we hear from families all the Luna, who smiles and laughs at her brother benefit of Medicaid. time. daily; she will have to care for Rowan late in In some States, the percentages I got a letter at the beginning of the her life after we are gone. Overall, we are might be higher or lower than that, but debate in 2017 from a mom. Like a lot desperately in need of Rowan’s Medical As- when you have a program that covers of Members of the Senate, you get a sistance and would be devastated if we lost 40 percent of your children, 50 percent letter from a mom or a dad or a family these benefits. of your population with disabilities, member who sits down to put pen to That is what one mom said about the and 60 percent of your seniors could get paper—in a sense, to write you a letter importance of Medicaid to that family. long-term care, which they need—those or send you an email or to express My point in raising this issue—even folks who have long-term care need it what their lives will be like without a though, thankfully, we have beaten and have to have it. When you have program, what their lives will be like if back an effort to legislatively change that kind of program, which covers a change goes forward. the Medicaid Program for the worse, roughly 2 million people in Pennsyl- In this case it was Pam, a mom talk- and we now have an administrative ef- vania and 70 million nationwide, you ing about her son Rowan. Rowan is on fort to undermine the program, but I are going to get the attention of a lot the autism spectrum. This mom talks raise this simply to say that family in of people when you are messing with it. about the prospect of not just learning America should not have to worry for That is a technical term, ‘‘messing that and what that meant to her and 10 minutes about whether their govern- with it.’’ By saying, to some degree, her family and the challenge of it, ob- ment is going to continue those impor- under the cover of darkness—not hav- viously, but also the benefits she re- tant benefits to their son or to their ing a debate on the floor of the House ceived because of Medicaid—in Penn- daughter, whatever the case may be. or the Senate but sending guidance to sylvania we call it Medical Assistance, Maybe their mom is in a nursing home States, inviting them to apply for a or by the shorthand, MA. or maybe a neighbor has a son or a waiver, and it takes a while to approve I will not read the whole letter, but daughter who, because of income lev- the waiver, then all of a sudden it Pam talks about, in just one example els, is getting Medicaid. They shouldn’t comes out, and the waiver is granted— of what Medicaid means, the wrap- have to worry for 10 or 15 minutes guess what. If you live in a State where around services—all of the services about that because we are America. We that happens and you are on Medicaid, that a child who has a disability gets, made the decision 50 years ago—and it you might not have Medicaid a year maybe on either the autism spectrum was a good decision—to take care of from the waiver being granted—or 2 or a physical disability or maybe a those families and to do everything we years or 5 years. At some point, you child who has Down syndrome. could. may be adversely affected by that. This In this case, Rowan is on the autism Some days we will not get it right; is very serious business when it comes spectrum. She talks about the behav- some days we will make mistakes. But to those very vulnerable Americans. ioral specialist consultant and the on most days, a program like that is In so many ways, Medicaid, like a lot therapeutic staff support work that helping lots of families, tens of mil- of things we debate here—not only helps her and the benefits of that and lions of them, and the bureaucrats or Medicaid, but Medicaid is one of many what that means to Pam, as a mom, the elected officials or the administra- examples we could cite—tells us who and to her family—but also what it tion officials in Washington who seek we are as a nation. People around the means to her son Rowan. She talks to make changes that will adversely af- world don’t respect America simply be- about Rowan benefiting ‘‘immensely fect even one of those families has to cause America has the strongest, best from a program called the Child Guid- look those families in the eye—or military. We have the best fighting ance Resource Center,’’ which recently should look them in the eye—and tell men and women in the world; no one is started a new program called the CRE- them why that is good, not just for even close. But there are a lot of na- ATE Program. It is a social skills pro- tions that spend a lot on their military gram specifically for autistic children that family but why that is good for and have strong, fighting men and ages 3 to 21. She enrolled Rowan in America. How is that going to help us? women; they have a strong military, that so-called CREATE Program. I know what the argument will be. I and they are not respected like we are. She goes on to say: ‘‘I am thrilled by hear it over and over again. They say Thank God we have a strong military Rowan’s daily progress. I cannot say that the program is unsustainable, and the strongest economy in the enough great things about this pro- right? We are not going to be able to world. We are blessed by that. gram.’’ afford this much Medicaid 10 years But one of the other ways the world That program would not be part of from now, 15 years from now, 25 years respects us is that they often conclude the life of that family, absent Med- from now. Well, when they say that we treat our own people better icaid. That program would not be part ‘‘unsustainable’’ around here, I want to than some other places do. Medicaid, of the life of that family in the in- translate for you. That means they are which is a 50-year-old program, is a stance where that family was living in not willing to make people of means program that tells us who we are as a a State that had been granted a waiver pay for it. Let me say it bluntly: If we nation, whom we value, and whom we that allowed block grants that, there- have to charge someone else who has a are willing to fight on behalf of. It tells by, allowed cuts that resulted in that high income to preserve Medicaid, sign us a lot about who we are. America is family not getting that kind of service. me up for that too. great because we care deeply about Thankfully, she is in a State where Let’s be very clear about this. This those 70 million people who get the the Medicaid Program is strong and program is that important. I believe benefit of that program, just as we care will be defended aggressively. But I there are a lot of Americans of means— deeply about other Americans who ben- don’t want a Rowan in another State of high incomes—who would want to efit or have a connection to our gov- or a Pam—a mom in another State— make sure this program is preserved. I ernment. not having the benefit that Rowan in know there are some politicians around Before any administration or any Pennsylvania has and that Pam in here who are always talking about how part of our government takes an action Pennsylvania has. you have to make sure that they have

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That child is more likely to grow who want this program preserved. So Even if just one State were to be up healthy, and he or she will be more we have a lot of work to do to make granted this kind of a waiver in imple- productive and will be a stronger part sure we move in the right direction. mented block grants, a lot of people in of our economy. So Medicaid for low- Let me make one or two more final that State would lose their Medicaid. I income children or children from low- points, and I will conclude. think we should be concerned if it were income families helps all of us. It One of the other questions is, What one person losing Medicaid because of doesn’t just help that child. It is not happens if a block grant proposal goes that, let alone thousands or tens of just a nice thing to do. It is the right through nationwide but even in more thousands or hundreds of thousands or, thing to do, but it is also very prac- limited instances? in fact, millions. If block granting were tical. Way back in November of 2016, one of to be granted for the whole country, Medicaid helps people with disabil- the many organizations that track this you would be talking about double-fig- ities whether they have profound dis- kind of a program over time—the Med- ure millions losing that kind of cov- abilities or otherwise. They have to be icaid Program or healthcare pro- erage. Even if it were to be a much eligible for it based upon their disabil- grams—issued a report. It has issued smaller number, we should be very con- ities, but we have made a decision that many of these reports, but here is just cerned about this. that is a good thing to do for that indi- one for your consideration. The name Here is another reason not to mess vidual and for society. The same is true of the organization is Center on Budget around with Medicaid in a way that ad- of people making decisions about a and Policy Priorities. It is here in versely impacts people or undermines loved one’s going into long-term care Washington and has been around a long the program. I hear from a lot of politi- and one’s spending down one’s assets, time. It was very helpful in the debate cians in Washington from both Houses and there is usually a big gap after one on healthcare and about the impact of and both parties. I think, in almost spends down. Middle-class families— various proposals. every instance—and there is probably sometimes people above middle class— Here is what the Center on Budget an exception to this—they speak from and Policy Priorities said in November spend down. They can’t afford the cost their hearts and do truly care about of 2016. The date was November 30, 2016. of nursing home care, and the State what is happening in their commu- In order to save some space, I will not says and the Federal Government says: nities and in their States because of read the whole report, and I will not We want to help you. the opioid crisis. It is everywhere. It is That is why Medicaid is so critical to enter it into the RECORD. People can urban, rural, and suburban. It is every- nursing homes. If you look at the dol- look it up, right? Here is the headline: ‘‘Medicaid where, and it is devastating. We have lars spent, it would not be entirely in- Block Grant Would Slash Federal never seen a public health problem like accurate to say that Medicaid is a Funding, Shift Costs to States, and it in probably 100 years or at least not nursing home program with help for Leave Millions More Uninsured.’’ anything worse than it. It is a problem children and people with disabilities as Here is what some of the headlines in Pennsylvania, and it is a problem in well. say in the report. The first one reads every State, as I am sure the Presiding I am just putting the administration ‘‘A block grant would cap Federal Med- Officer would agree. Yet here is the on notice that if it wants to continue icaid funding in order to achieve sav- part they don’t talk about. Sometimes to pursue this, we are going to have a ings for the Federal Government.’’ the same people say, ‘‘I really am wor- big fight about it, and it is a fight that That is what the proposal is intended ried about the opioid crisis, and I want will go on for a long time. It will go on to do. to do the following to help people who in the courts. We will litigate it on this No. 2, ‘‘The likely magnitude of the are in the grip of that addiction, and I floor. We will litigate it in committees Federal funding cuts and resulting want to institute a program or provide and fight about it in the House and in cost-shift to States would be very funding or otherwise,’’ and that is won- the Senate. We will fight in the streets large.’’ derful when they have that initiative. of our States, and we will fight about it No. 3, ‘‘Such a block grant would Yet sometimes those same Members of for a long time until we win because we push states to cut their Medicaid pro- Congress, in the next breath, will say, have other things to do to lift people grams deeply.’’ ‘‘But I want to block grant Medicaid’’ up around here. We have to do more on The last two are as follows: ‘‘Med- or ‘‘I want to cut or cap Medicaid’’ or healthcare—lower the cost of icaid is already efficient and innova- ‘‘We need to cut back on what we spend healthcare, lower the cost of prescrip- tive.’’ That is true. We don’t talk about on Medicaid,’’ and they vote for budget tion drugs—and make sure that these that enough, but it is true. after budget after budget and bill after programs work well. We don’t have The last headline is ‘‘A Medicaid bill to cut Medicaid. time for throwing millions of people off block grant would lead to draconian What do you think is the No. 1 payer of healthcare or tens of millions off of cuts to eligibility, benefits, and pro- when it comes to the opioid crisis, the healthcare. There is a broad, bipartisan vider payment rates.’’ What they didn’t primary payer for opioid treatment and consensus on a whole range of things mention there is that cuts to Medicaid recovery? You guessed it—Medicaid. we could do on healthcare. That is would also hurt a lot of hospitals, espe- If you are going to go down this road what we should work on. cially rural hospitals. and talk about this program as if it The administration, if it is doing the Here is the number from the House were some far-off program for them, for right thing, would abandon these reck- Republican budget plan for fiscal year someone else, you should look in the less, extreme ideas on Medicaid and 2017. We are going back now to the lat- mirror because Medicaid is an ‘‘us’’ join us—join both parties in both ter part of 2016. Here is what the report program, not a ‘‘them’’ program and Houses—in trying to do something concludes, and this is in the instance of not a program for someone far away. It positive and constructive and Amer- being implemented as law: ‘‘It would is for our neighbors. It is for our ican on healthcare. I don’t think it is have cut federal Medicaid funding by $1 friends if they have opioid addictions American to say to a child, ‘‘Yes, you trillion—or nearly 25 percent—over ten and can only get treatment and serv- had Medicaid before, but we couldn’t years, relative to current law, on top of ices mostly because of Medicaid expan- afford it. You are not going to have the cuts the plan would secure from re- sion—actually, as part of the Afford- healthcare any longer’’ or to say that pealing the ACA’s Medicaid expan- able Care Act. to someone with a disability or to a sion.’’ Medicaid itself, the core program, of senior. I realize that number is bigger than course, is a program that makes sure If the administration wants to fight, what we are talking about here because that a child has healthcare. Even if he we are going to be ready to fight, and

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BRIG. GEN. PAUL J. ROCK, JR. ANDREW D. DAMBROGI we will punch hard in that fight—figu- BRIG. GEN. JOSEPH F. SHRADER ROBERT G. DANIELS ratively speaking, of course. We will BRIG. GEN. STEPHEN D. SKLENKA BRAD A. DANKS fight every minute of every day against THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANA M. DARNELL IN THE UNITED STATES MARINE CORPS TO THE GRADE PHILLIP A. DEEBLE this. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY C. DELLACOSTA III SUZANNE M. DEMPSEY I yield the floor. To be brigadier general STEPHEN E. DETRINIS CHRISTOPHER J. DETTLE f COL. MARCUS B. ANNIBALE SETH E. DEWEY COL. MELVIN G. CARTER PHILLIP D. DIBELLA COL. ROBERT C. FULFORD ADJOURNMENT UNTIL 10 A.M. JOHN B. DICKENS COL. DANIEL Q. GREENWOOD MICHAEL J. DONALDSON TOMORROW COL. JOSEPH A. MATOS III ALEXANDER G. DOUVAS COL. JASON L. MORRIS MATTHEW A. DOWDEN The PRESIDING OFFICER. Under COL. THOMAS B. SAVAGE THADDEUS V. DRAKE, JR. COL. DANIEL L. SHIPLEY the previous order, the Senate stands CHARLES R. DRENNAN COL. JAMES B. WELLONS DOUGLAS I. DUFFIN adjourned until 10 a.m. tomorrow. COL. BRIAN N. WOLFORD THOMAS J. DUNN Thereupon, the Senate, at 7:10 p.m., THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH C. ELSEROAD adjourned until Wednesday, January TO THE GRADE INDICATED IN THE UNITED STATES MA- HAROLD J. EVERHART RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: NATASHA M. EVERLY 16, 2019, at 10 a.m. To be lieutenant colonel PATRICK J. FAHEY ROBERT A. FAIRLEY f SALEH P. DAGHER TIMOTHY J. FARAG JAMAHL K. EVANS SCOTT C. FARRAR NOMINATIONS JOSE N. MIRELES THOMAS C. FARRINGTON II NEVILLE A. WELCH JOHN L. FERRITER Executive nominations received by BENJAMIN J. FIALA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate: DEREK A. FILIPE TO THE GRADE INDICATED IN THE UNITED STATES MA- CAMERON A. FITZSIMMONS RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE NATHAN A. FLEISCHAKER To be lieutenant colonel JASON T. FORD THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE CHRISTOPHER J. FORSYTHE UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- RICO ACOSTA LUCAS S. FRANK SERVE OF THE AIR FORCE TO THE GRADE INDICATED AGUR S. ADAMS MAX D. FRANK UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BRIAN A. ADAMS GEOFFREY J. FRANKS MICHAEL M. AHLSTROM RYAN J. FRANZEN To be brigadier general CLINT W. ALANIS TYLER A. FREEBURG COL. FRANK A. RODMAN ANDREW J. ALISSANDRATOS DUNCAN A. FRENCH CHRISTOPHER D. ALVINO JAMES R. FRIEDLEIN IN THE ARMY MARY C. ANDERLONIS KENDRICK L. GAINES KYLE J. ANDREWS CLAYTON D. GARD III THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CHARLES E. ANKLAM III JASON M. GARZA THE UNITED STATES OFFICER FOR APPOINTMENT IN PETER E. ANKNEY ERIC P. GENTRUP THE RESERVE OF THE ARMY TO THE GRADE INDICATED ANDREW R. APETZ BRIAN D. GERSCHUTZ UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WELLINGTON C. AQUINO ROBERT A. GIBSON To be brigadier general ROBERT C. ARBEGAST LYLE L. GILBERT RICHARD M. ARBOGAST AARON J. GLOVER COL. EDWARD S. SMITH JAMES G. ARGENTINA, JR. ANDREA L. GOEMAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PHILLIP T. ASH RYAN R. GORDINIER IN THE RESERVE OF THE ARMY TO THE GRADE INDI- KELLY R. ATTWOOD BRIAN P. GRAY CATED UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL J. AUBRY JEROME C. GRECO AARON M. AWTRY JOSHUA A. GREGORY To be major general DOUGLAS P. BAHRNS GIDEON P. GRISSETT GLENN P. BAKER JUSTIN C. GRISSOM BRIG. GEN. ROBERT D. HARTER LUCAS A. BALKE CLARKE P. GROEFSEMA THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JOHN R. BALLENGER KYLE D. HAIRE THE UNITED STATES OFFICER FOR APPOINTMENT IN JOSEPH N. BARKER RHETT A. HANSEN THE RESERVE OF THE ARMY TO THE GRADE INDICATED JONATHAN F. BARR JOHN P. HARLEY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: PAUL R. BARRON TODD E. HARRISON MATTHEW D. BARTELS TYLER J. HART To be brigadier general ROBERT I. BASKINS MARYKITT B. HAUGEN COL. CHARLES M. SCHOENING MATTHEW J. BAUMANN JEREMY C. HAWKINS ELDON W. BECK BENJAMIN J. HAWTHORNE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW J. BECK ALEX D. HEDMAN IN THE RESERVE OF THE ARMY TO THE GRADES INDI- JOSEPH C. BEGLEY MATTHEW M. HEMPHILL CATED UNDER TITLE 10, U.S.C., SECTION 12203: BEAU B. BELL CHRISTINA R. HENRY To be major general BRIDGET N. BEMIS ERIC J. HENZLER CASEY BENEFIELD BENJAMIN R. HEREDIA BRIG. GEN. DAVID W. LING ERIN K. BERARD KEVIN R. HERRMANN JOHN T. BIDWELL RONALD A. HESS To be brigadier general BENJAMIN L. BLANTON DAVID R. HILL COL. JOSEPH F. DZIEZYNSKI MICHAEL A. BLEJSKI ROBERT J. HILLERY COL. RODNEY J. FISCHER STEPHEN J. BOADA ALDEN E. HINGLE III JONATHAN C. BODWELL DANIEL J. HIPOL IN THE NAVY MATTHEW D. BOHMAN TYLER J. HOLT THOMAS E. BOLEN, JR. EDWARD V. HOLTON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AUSTIN C. BONNER JOHN A. HOOKS, JR. IN THE UNITED STATES NAVY TO THE GRADE INDICATED ANNE M. BRADEN HENRY J. HORTENSTINE UNDER ARTICLE II, SECTION 2, CLAUSE 2, OF THE UNITED BARRET F. BRADSTREET BROCK A. HOUGHTON STATES CONSTITUTION: JONATHAN H. BRANDT TIMOTHY G. HUDSON To be rear admiral JOSHUA A. BRINDEL JAMES R. HUEFNER JOSHUA H. BRINGHURST RYAN M. HUNT REAR ADM. (LH) RONNY L. JACKSON MATTHEW D. BRONSON JAMES HUTCHINS CHAD C. BROOKS JONATHAN A. HUTCHISON IN THE MARINE CORPS BRANDON D. BROWN JASON A. HVIZDAK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH T. BUFFAMANTE JOSEPH F. IRWIN IN THE UNITED STATES MARINE CORPS TO THE GRADE JOHN A. CACIOPPO LEIGH G. IRWIN INDICATED UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY J. CAHILL BELINDA L. JAROLIMEK BRENT J. CANTRELL RICHARD A. JENNINGS To be brigadier general JARRAD S. CAOLA KIRK A. JOHNSON THOMAS W. CAREY CHARLES R. JOHNSTON COL. DAVID NATHANSON WAYNE A. CARR, JR. LAWRENCE O. JONES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENJAMIN C. CARRUTHERS MICHAEL L. JONES IN THE UNITED STATES MARINE CORPS RESERVE TO THE ERIC A. CATTO ROBERT M. JONES, JR. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RYAN M. CAULDER DANIEL W. KAISER JONATHAN I. CHAIKEN VERONICA L. KALTRIDER To be brigadier general ROCKY L. CHECCA CHRISTOPHER M. KAPRIELIAN COL. LEONARD F. ANDERSON IV NEAL J. CHERAMIE, JR. DENNIS W. KATOLIN COL. WILLIAM E. SOUZA III RYAN E. CHRIST KEVIN M. KEENE MICHAEL E. CLARK ERIK A. KEIM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VANESSA M. CLARK MICHAEL R. KEMPF IN THE UNITED STATES MARINE CORPS TO THE GRADE COLE M. CLEMENTS SUNG G. KIM INDICATED UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH E. CLEMMEY, JR. KURTIS C. KJOBECH To be major general RICHARD M. CLONINGER SCOT G. KLEINMAN THOMAS E. COGAN IV THOMAS D. KLINE BRIG. GEN. JULIAN D. ALFORD JOSE I. COLUNGA BRADFORD L. KLUSMANN BRIG. GEN. MICHAEL S. CEDERHOLM JASON M. CONDON BRET J. KNICKERBOCKER BRIG. GEN. DENNIS A. CRALL JONATHAN R. COOK ZACHARY M. KNIGHT BRIG. GEN. KARSTEN S. HECKL MATTHEW P. COOK JOEL P. KNUTSON BRIG. GEN. WILLIAM M. JURNEY DAVID N. CORKILL ROMAN Y. KOSHKIN BRIG. GEN. TRACY W. KING STEPHANIE L. COTHERN MARK A. KOVAL BRIG. GEN. CHRISTOPHER J. MAHONEY ERIC P. CRECELIUS KEVIN D. KRATZER BRIG. GEN. GREGORY L. MASIELLO PAUL L. CROOM II AARON R. KRUKOW BRIG. GEN. STEPHEN M. NEARY NELS C. DAHLGARD CHRISTOPHER J. KUPKA BRIG. GEN. AUSTIN E. RENFORTH JOHN A. DALBY MICHAEL P. KUSNERAK

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ARLEIGH B. LACEFIELD BYRON J. OWEN MORRIS M. SHARBER, JR. BERNADETTE M. LACK MATTHEW R. PASQUALI JAMES J. SHEASLEY JASON A. LAMBERT WILLIAM J. PATRICK NATHAN B. SHIVELY BRIAN D. LAPOINTE JEFFREY J. PATTERSON II CURTIS I. SHREVE ERIC H. LARSEN MICHAEL P. PAVIS MICHAEL J. SHULL CHRISTOPHER E. LARSON JASON P. PELLERIN CHRISTOPHER M. SIEKMAN JARROD P. LARSON WILLIAM P. PENDLEY KIMBERLY R. SILE NATHANIEL T. LAUTERBACH MICHAEL T. PERROTTET MICHAEL D. SIMON PATRICK V. LAVOIE MICHELLE L. PETERS GARY S. SLATER JARED W. LEDBETTER JONATHAN L. PETERSON MATTHEW D. SMITH BOBBY W. LEE, JR. TROY M. PETERSON MICHAEL J. SOUZA DOUGLAS G. LEE JONATHAN J. PFUNTNER REBECCA G. SPAHR RICHARD H. LEE ELIZABETH PHAM ROE S. LEMONS STACIE M. PICCINICH JAMES W. SPARKS, JR. TIMOTHY J. LEONARD MICHAEL A. PIGFORD JOSHUA A. SPERLING PAUL D. LOBALBO EDUARDO J. PINALES JEFFERY L. STARR JEFFERY D. LOOP CHRISTOPHER F. POLIDORA ROLLIN A. STEELE WILLIAM A. LORD, JR. LEVI G. PORTER JEFF M. STEINKAMP ALEXANDER LUGOVELAZQUEZ SHANELLE A. PORTER WILLIAM STEINKE THOMAS R. MACKESY JASON W. POTTER PAUL W. STEKETEE ROGELIO MAESE BENJAMIN N. PRESTON CHRISTOPHER A. STEPHENSON TRACY A. MAESE MICHAEL M. PROCTOR MATTHEW A. STIGER MATTHEW J. MAHONEY MICHAEL J. PRUDEN CARRIE E. STOCKER MICHAEL W. MANOCCHIO CLARK T. PURCELL THOMAS J. STONA PETER B. MARKS ERIK C. QUIST JEFFREY I. STUDEBAKER QUINCI D. MARTIN DONALD D. RANSOM, JR. MARK C. SYKES JESSICA G. MARTZ JASON B. RAPER SCOTT W. SYMONS ROHIT Y. MASIH STEPHEN M. RAY MATTHEW G. TAVERNIER ROBERT F. MAY TERRANCE J. REESE ERIC J. TAYLOR TIMOTHY W. MAYER ROBERT G. REINOEHL BJORN E. THOREEN MICHAEL J. MCDONALD KELLY J. REPAIR MARC R. TILNEY GREGORY S. MCSWEEN CHRISTOPHER B. RHINEHART RALPH B. TOMPKINS DAVID P. MEADOWS CHRISTOPHER R. RICHARDELLA JAVIER TORRES CHRISTOPHER J. MELLON BRENT W. RICHARDSON PAUL D. TREMBLAY DAVID A. MERLES MATTHEW E. RICHARDSON MELINA MESTA PAUL M. RIVERA CHRISTOPHER A. TRENT JOHN R. MILLSAP PHILLIP G. ROBERTS, JR. CHAD E. TROYER RAYMOND J. MIRENDA MASTIN M. ROBESON, JR. JULIAN M. TSUKANO NICHOLAS J. MOLDER JOSHUA J. ROBINSON DAVID P. TUMANJAN ROBERT B. MONDAY ROBERT A. ROGERS BRANDON H. TURNER JOSE L. MONTALVAN ALFREDO T. ROMERO II ANIEMA G. UTUK WILSON M. MOORE JOSHUA R. ROSALES SABRINA M. VILLARREAL MARK D. MORGAN CURTIS N. ROSE MICHAEL E. VINCENT RAMIN B. MOSTASHARI CHRISTOPHER J. ROSS MATTHEW J. WEAVER TODD E. MOULDER JAMES F. ROUCHON JOSEPH H. WELCH MICHAEL C. MROSZCZAK GIANOULIS ROUSSOS RANDALL D. WHITE CORBIN M. MURTAUGH SEAN H. RYBURN RYAN D. WHITTY CHRISTOPHER J. MYETTE ADAM R. SACCHETTI ROBERT E. WICKER CHARLES C. NASH MICHAEL R. SANDSTROM ROBERT A. WILHELMSEN CHRISTOPHER C. NEAL BRYAN P. SARGENT ERIC M. WILLIAMS RICHARD P. NEIKIRK JOHN A. SAX ROBERT E. WILLIAMSON JEREMY S. NELSON DANIEL M. SCHIERLING SCOTT A. WILSON LE E. NOLAN KARL W. SCHLEGEL ALLEN D. WOLD JOSHUA N. NUNN AARON P. SCHNETZLER JUSTIN M. WORTENDYKE STEVEN D. NYLAND DANIEL H. SCHWARTZ PAUL M. WRIGHT MICHAEL J. OBRIEN GREGORY R. SCOTT WYNNDEE M. YOUNG EDWARD J. OCONNELL IV MATTHEW A. SEAVITTE GREGORY J. YOUNGBERG JAHN C. OLSON DAVID C. SEGRAVES BRYAN W. YOUNGERS MICHELLE L. OVER ARUN SHANKAR CHRISTINA F. ZIMMERMAN

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