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, MAY 7, 2019 No. 75 Senate The Senate met at 10 a.m. and was eral William Barr made the 450-page re- gression. Remember, not long ago, the called to order by the President pro port public. This investigation went on Democrats mocked Republicans like tempore (Mr. GRASSLEY). for 2 years. It is finally over. John McCain and MITT ROMNEY for f Many Americans were waiting to see warning about the dangers posed by how their elected officials would re- Putin’s Russia. PRAYER spond. With an exhaustive investiga- Remember President Obama’s quip The Chaplain, Dr. Barry C. Black, of- tion complete, would the country fi- back in 2012, when then-Governor Rom- fered the following prayer: nally unify to confront the real chal- ney emphasized his concerns with Rus- Let us pray. lenges before us? Would we finally be sia? Here is what President Obama said Almighty God, our hope for years to able to move on from partisan paral- when MITT ROMNEY emphasized his come, show us how to live victoriously ysis and breathless conspiracy theo- concerns about Russia back in 2012: each day. Lead us to a place of under- rizing or would we remain consumed by ‘‘The 1980s are now calling to ask for standing in spite of challenges and dif- unhinged partisanship and keep divid- their foreign policy back.’’ That was ficulties. Lord, make us more than con- ing ourselves to the point that Putin President Obama in 2012. Well, I think querors because of Your power and and his agents would need only to many of us now see that President love. Today, inspire our lawmakers to stand on the sidelines and watch us as Obama’s approach to Russia could have strive to do Your will. As they perform their job would actually be done for used some more of the 1980s—more their daily tasks, guide them in the se- them? Regrettably, the answer is pret- Ronald Reagan and less Jimmy Carter. lection of their priorities. Lord, show ty obvious. We would have been better off if the them Your truth so they will be instru- So that is what I want to discuss this Obama administration had not swept ments of Your purposes. When their morning—Russia’s interference in Putin’s invasion and occupation of light of hope is threatened, renew them American elections, the special coun- Georgia under the rug or had not with faith in Your providence and sel’s and the Attorney General’s work, looked away as Russia forced out West- mercy. and how we can finally end this ern NGOs and cracked down on civil so- We pray in Your strong Name. Amen. ‘‘Groundhog Day’’ spectacle, stop end- ciety; if President Obama had not let 1 f lessly relitigating a 2 ⁄2-year-old elec- Assad trample his redline on Syria or tion result, and move forward for the had not embraced Putin’s fake deal on PLEDGE OF ALLEGIANCE American people. chemical weapons; if the Obama ad- The President pro tempore led the Now, it bears remembering what this ministration had responded firmly to Pledge of Allegiance, as follows: investigation was actually supposed to Putin’s invasion and occupation of I pledge allegiance to the Flag of the be about—Russian interference in 2016. Ukraine in 2014, to the assassination of United States of America, and to the Repub- For many of the President’s opponents, Boris Nemtsov in 2015, and to Russia’s lic for which it stands, one nation under God, it quickly morphed into something intervention in Syria. Maybe stronger indivisible, with liberty and justice for all. else—a last hope that maybe they leadership would have left the Kremlin f would never have to come to terms less emboldened. Maybe tampering with the American people’s choice of a with our democracy wouldn’t have RECOGNITION OF THE MAJORITY President. In some corners, Special seemed so very tempting. LEADER Counsel Mueller came to be regarded as Instead, the previous administration The PRESIDING OFFICER (Mrs. a kind of secular saint who was des- sent the Kremlin the signal it could get HYDE-SMITH). The majority leader is tined to rescue the country from the away with almost anything. So is it recognized. inconvenient truth that the American surprising that we got the brazen inter- f people actually elected Donald Trump. ference detailed in Special Counsel For 2 years, many of the President’s Mueller’s report or a concerted effort MUELLER REPORT opponents seemed to be hoping the to divide Americans through social Mr. MCCONNELL. Madam President, worst conspiracy theories would actu- media campaigns or the hacking into it has now been more than 6 weeks ally be true. They seemed to be hoping the email accounts and networks of the since Special Counsel Bob Mueller, the for a national crisis for the sake of Clinton campaign and the Democratic former FBI Director, concluded his in- their own politics. Party? vestigation into Russia’s interference Look, I will say it was at least heart- Thanks to the investigation, we in our 2016 election and delivered his ening to see many of my Democratic know more about these tactics. Thanks findings to the Justice Department. It colleagues and the media abruptly to the investigation, 13 Russian nation- has been 2 weeks since Attorney Gen- awaken to the dangers of Russian ag- als, 3 Russian companies, and 12 more

∑ 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 00:21 May 08, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.000 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2658 CONGRESSIONAL RECORD — SENATE May 7, 2019 Russian intelligence officers have been have seen is a meltdown—an absolute around and fired them at the Attorney indicted. These are the people who meltdown. We have seen an inability to General. It is not for any legitimate really did seek to undermine our de- accept the bottom-line conclusion on reason but just because he is a conven- mocracy. Yet, curiously, many of our Russian interference from the special ient target. Democratic colleagues and most of the counsel’s report, which read that the There is this ‘‘outrage industrial news media don’t seem to care about investigation did not establish that complex’’ that spans from Capitol press that. New insight into defending Amer- members of the Trump campaign con- conferences to cable news. They are ica? Russian nationals being indicted? spired or coordinated with the Russian grieving—grieving—that the national These don’t seem to interest my col- Government in its election inter- crisis they spent 2 years wishing for did leagues across the aisle—no interest— ference activities. That was the conclu- not materialize. But for the rest of the just like there has been little interest sion—2 years of exhaustive investiga- country, this is good news. It is bad in the steps this administration has tion and nothing to establish the fan- news for the ‘‘outrage industrial com- taken to make Russia pay for its inter- ciful conspiracy theory that the Demo- plex’’ but good news for the country. ference and strengthen America’s hand. cratic politicians and TV talking heads So now they are slandering a distin- Election interference was just one had treated like a forgone conclusion. guished public servant because the real part of Russia’s strategy to undercut They told everyone there had been a world has disappointed them. the United States, and this administra- conspiracy between Russia and the Instead of taking a deep breath and tion has taken the problem head-on. Trump campaign. Yet, on this central coming back to reality, our colleagues We have a new, coherent national secu- question, the special counsel’s finding across the aisle want to shoot the mes- rity strategy and national defense is clear—case closed. senger and keep the perpetual outrage strategy that actually take the threat This ought to be good news for every- machine right on going, even under- seriously. one, but my Democratic colleagues mining the institution of the Attorney We have new sanctions. We have pro- seem to be publicly working through General itself in the process. vided Georgia and Ukraine with weap- the five stages of grief. The first stage Remember, Russia set out to sow dis- ons to better defend themselves—capa- is denial. Remember what happened cord, to create chaos in American poli- bilities the previous administration de- when the Attorney General released his tics, and to undermine confidence in nied our partners—now listen to this— preliminary letter that described the our democracy. But on that front, out of fear of provoking Russia. We special counsel’s bottom-line legal con- given the left’s total fixation on have worked against pipeline projects clusion? Denial. Immediately, there delegitimizing the President Ameri- like Nord Stream 2 that would further was totally baseless speculation that cans chose and shooting any messenger expand Putin’s influence. We have perhaps Attorney General Barr had not who tells them inconvenient truths, I strengthened and reformed NATO so quoted the report properly. am afraid the Russians hardly need to the alliance can present a united front. Then comes stage No. 2—anger. Wel- lift a finger—hardly need to lift a fin- We proved Russia’s noncompliance come to Washington in recent days. ger. with the INF and walked away from a The Democrats are angry—angry that The last stage of grievance is accept- treaty that Moscow had turned into a the facts have disappointed them, ance. For the country’s sake, I hope sham. Over Russian objections, the angry that our legal system will not my Democratic friends get there some- Trump administration has also twice magically undo the 2016 election for time soon. There are serious issues the enforced President Obama’s redline in them. They have opted to channel all American people need us to tackle. Syria after Assad’s use of chemical of their partisan anger onto the Attor- There is more progress for middle-class weapons. ney General. They seem to be angrier families we need to deliver. With respect to election security, at Bill Barr for doing his job than they For 2 years, the Democratic Party Congress appropriated hundreds of mil- are at Vladimir Putin. This is a distin- held out hope that the legal system lions of dollars to State governments guished public servant whose career would undo their loss in 2016. They re- to shore up their systems. The admin- stretches back almost 50 years. He is fused to make peace with the American istration increased information sharing widely respected. Nobody claims he has people’s choice. But the American peo- from the Department of Homeland Se- any prior personal allegiance to this ple elected this President. They did. curity in cooperation with the States. particular President. The American people voted for change. According to press reports, the Depart- Why are they angry? Why are they The American people sent us here to ment of Defense has expanded its capa- angry? Did the Attorney General fire deliver results for their families. That bilities and authorities to thwart cyber the special counsel or force him to is what Republicans have been doing threats to our democracy. No longer wind down prematurely? No. Did he sit for the past 2 years and counting. That will we just hope Moscow respects our on the Mueller report and keep it se- is what Republicans will continue to sovereignty—we will now defend it. cret? No. He quickly reported out his do. Whenever our Democratic friends These are just a few examples, and bottom-line legal conclusions and then can regain their composure and come there is already evidence they are hav- released as much as possible for the back to reality, we look forward to ing an effect. world to see. Did he use redactions? their help. We just had the 2018 midterm elec- Did he use redactions to mislead the f tions. Thanks to this administration’s public? No. Working with the special MEASURES PLACED ON THE leadership, all 50 States and more than counsel’s team, he released as much as CALENDAR—S. 1332 AND H.R. 9 1,400 local election jurisdictions fo- possible within standard—standard— cused on election security like never safeguards. So it is hard to see the Mr. MCCONNELL. Madam President, before. The DHS provided resources to source of the anger. I understand there are two bills at the localities for better cybersecurity, and Maybe our Democratic colleagues are desk due for a second reading en bloc. private social media companies mon- thinking of some strange new kind of The PRESIDING OFFICER. The lead- itored their own platforms for foreign ‘‘coverup’’ where you take the entire er is correct. interference. Thanks to efforts across thing you are supposedly covering up The clerk will read the titles of the the Federal Government in 2018, we and post it on the internet. The claims bills for the second time en bloc. were ready. Clearly, that is progress. get more and more utterly absurd. The senior assistant legislative clerk The Mueller report will help us as will There are baseless accusations of per- read as follows: the upcoming report from the Select jury and laughable threats of impeach- A bill (S. 1332) to set forth the congres- Committee on Intelligence. These ment. sional budget for the United States Govern- threats and challenges are real. Our re- We all know what is going on here. ment for fiscal year 2020 and setting forth This is the whole angry barrage that the appropriate budgetary levels for fiscal sponsibility to strengthen America is years 2021 through 2029. serious, and it requires serious work. Democrats had prepared to unleash on A bill (H.R. 9) to direct the President to de- Speaking of serious, seriousness is President Trump—except the facts let velop a plan for the United States to meet not what we have seen from the Demo- them down. The facts let them down. its nationally determined contribution under cratic Party in recent days. What we So the left has swung all these cannons the Paris Agreement, and for other purposes.

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.002 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2659 Mr. MCCONNELL. In order to place that they can avoid the law and even tect American in 2020 and beyond. I the bills on the calendar under the pro- break the law—at least according to have been asking for 2 weeks, and we visions of rule XIV, I object to further 375 prosecutors—it is not done. This is still haven’t gotten action. proceedings en bloc. very serious stuff. Let’s bring the bipartisan Secure The PRESIDING OFFICER. Objec- The leader bemoans ‘‘breathless con- Elections Act to the floor and debate tion having been heard, the bills will be spiracy theorizing.’’ For a moment, I and amend. Let’s strengthen sanctions placed on the calendar. thought he was referring to the Presi- against Putin and any other adversary Mr. MCCONNELL. I suggest the ab- dent and to those House and Senate who would dare to interfere with the sence of a quorum. Republicans who for 2 years inten- sanctity of our elections. The PRESIDING OFFICER. The tionally sought to undercut Mueller’s Regardless of what you believe about clerk will call the roll. investigation by peddling farfetched the President’s conduct, we should The senior assistant legislative clerk conspiracy theories about deep state all—every single Democrat and every proceeded to call the roll. ‘‘coups,’’ unmasking scandals, and ura- single Republican—be working to en- Mr. SCHUMER. Madam President, I nium purchases to muddy the waters. I sure that what happened in 2016 never ask unanimous consent that the order guess he meant something about happens again. We can debate how for the quorum call be rescinded. Democrats. But I don’t remember the much of an effect it had, but we sure The PRESIDING OFFICER. Without Republican leader bemoaning those don’t want it to be worse—whatever it objection, it is so ordered. breathless conspiracies; nor do I re- was—in 2020 than it was in 2016. And the leader sits on his hands, does noth- f member the Republican leader or the Republican Senators having such a dis- ing, creates a legislative graveyard for RECOGNITION OF THE MINORITY taste for congressional oversight dur- these and every other issue, and then LEADER ing the Obama administration. On says: Let’s move on. No way. No way. The PRESIDING OFFICER. The things far less serious, they were re- We can do both. We can make our elec- Democratic leader is recognized. lentless in wanting investigations. Now tions more secure. We can examine f they say ‘‘never mind’’ when the what happened so we can make them more secure and do other issues. So far, MUELLER REPORT wellspring of our democracy is at stake, there is foreign interference in Leader MCCONNELL is doing neither. What we have here is very simple. Mr. SCHUMER. Madam President, I our elections, and a President who just What we have here is a concerted effort have just listened to my friend the ma- disobeys the law. The leader sure acted to circle the wagons to protect the jority leader engage in an astounding differently a few years back. bit of whitewash—not unexpected but What I remember is that from the President from accountability, to whitewash his reprehensible conduct entirely unconvincing. very beginning, the Republican leader by simply declaring it irrelevant. In Yes, the Mueller investigation took 2 has not taken the threat of Russia’s that effort, the leader and Senate Re- years, and, yes, it produced a stunning election interference as seriously as he publicans are falling down drastically document in the end—not only a damn- should. In the run-up to the 2016 elec- on their constitutional duty to provide ing appraisal of our election security tion, when the Obama administration oversight and, I fear, to defend the na- and just how willing a major Presi- sought to warn State election officials tional interest as well. dential campaign was to accept and about foreign meddling and designate amplify the disinformation of a foreign election systems as ‘‘critical infra- f adversary but also a thorough exam- structure,’’ Leader MCCONNELL report- SENATE LEGISLATIVE AGENDA ination of the behavior of a lawless edly delayed for weeks, ‘‘watered Mr. SCHUMER. Madam President, let President, who at least on 11 occasions, down’’ the letter from congressional me now talk about something related— according to the report, may have ob- leaders, and pushed back against the the legislative graveyard. structed a Federal investigation. designation. Yes, I would have swept Leader MCCONNELL says: Let’s move So while my friend the majority lead- this under the rug if I had done that. I on and work together. There hasn’t er wants to say ‘‘case closed’’—I don’t wouldn’t want to keep talking about it. been a single bill put on the floor on blame them—375 former Federal pros- Despite 2 years in charge of the Sen- issues we can debate, whether it is pro- ecutors looked at the Mueller report ate since the 2016 election, Leader tecting preexisting conditions, making and said publicly that the conduct of MCCONNELL has pursued additional our education system better, dealing the President amounts to felony ob- election security only after being prod- with the problem of the high cost of struction of justice. In any other case, ded by Democrats, and it has been half- drugs, doing infrastructure—nothing. were he not President, those prosecu- baked at that. Just appointments have been put on tors would have recommended bringing Leader MCCONNELL thwarted the the floor. And nothing has been done charges. Rules Committee from marking up the on election security at the very min- Our leader saying ‘‘Let’s move on’’ is bipartisan legislation designed to en- imum. sort of like Richard Nixon saying hance election security. I know the leader is afraid to debate ‘‘Let’s move on’’ at the height of the At the beginning of the year, 42 Re- what happened and explore what hap- investigation of his wrongdoing. Of publicans, including Leader MCCON- pened given the tawdry history of cer- course he wants to move on. He wants NELL, essentially voted in favor of the tainly President Trump and of Senate to cover it up. He wants silence on one administration’s proposal to weaken Republicans in responding to this seri- of the most serious issues we face— sanctions against Russia. ous issue, but at least he could move whether a foreign power can manipu- In the last round of negotiations, forward and we could put some bills on late our elections, the wellspring of our Senate Republicans blocked our at- the floor and debate them to strength- democracy. tempt to fund additional efforts to en our election security, which every- If the leader is sincere, then put elec- make our election safe in 2020. one admits is weak. tion security on the floor. Let’s debate Now, despite a preponderance of tes- So if Leader MCCONNELL, as he says, it. Put sanctions on Russia on the timony from our intelligence offi- is ready to move on to serious things, floor. Let’s debate it. He doesn’t want cials—not politicians; intelligence offi- then how about bringing forward legis- to move on; he wants to run away from cials who are in charge of our security lation to protect our elections? For 4 these awful facts that relate to the and well-being—they testified that for- months, the Senate has been little wellspring of our democracy—foreign eign powers are ramping up to interfere more than a legislative graveyard, and interference in our election and a in our next election. The Senate has election security is exhibit A. President who is lawless. That is what done nothing to grapple with the prob- The House passed important reforms he wants to push under the rug. lem, even as minimal of a request as I to improve and safeguard our elections. Of course, he would say this is all made to the leader: an all-Senators’ No action here in the Senate. We have done. It is not done. If Russia inter- classified briefing from our defense and a bipartisan election security bill wait- feres in 2020, it is not done. If this intelligence leaders so that the Senate ing in committee. No movement from President or future Presidents believe understands what we need to do to pro- the leader.

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.003 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2660 CONGRESSIONAL RECORD — SENATE May 7, 2019 As long as this place remains a legis- happy with the support they have re- businesses; we are taking about the lative graveyard, we are rolling out the ceived from this administration. Ask backing of the U.S. Government. They welcome mat for foreign adversaries— them if they are happy with HUD’s might ask: How is this the case? Why not just Russia but Iran, Turkey, missing its own deadline to advance on Earth would we do this? Why is this North Korea, China—to interfere in our the release of $8 billion in disaster happening? The answer has to do with elections. We are essentially encour- mitigation funding last week. Ask the very institution to which we are aging a sequel to 2016 because the lead- them, and you will get a much dif- going to be trying to confirm nominees er is sitting on his hands, because the ferent answer. No one in the Puerto today. leader is presiding over a legislative Rican community is happy with the graveyard on election security and just way this President has treated the is- The Export-Import Bank—or Ex-Im, about everything else. What about bi- land and its 3 million American citi- as it is often described—was created partisan background checks? What zens. He has treated them with con- during the height of the Great Depres- about paycheck fairness? What about tempt. It needs to stop. sion to help U.S. exporters when they election reform? What about even the So, President Trump, if you want to were desperate for customers and for- Violence Against Women Act, which help the farmers in the Midwest, be fair eign markets lacked the capital to fi- passed the House with 33 Republicans? to everyone. You can’t pick and nance trade. It was conceived particu- None of those are being put on the choose. larly to help small businesses to be floor so that we can act and debate. Some of them say: Oh, but Puerto able to compete, as many of its current Later this morning, my friend Sen- Rico isn’t spending its aid well. I heard proponents still claim, still insist, to ator UDALL will come here to the floor that when we wanted Sandy money for this very day. to press our Republican friends to take New York. You can say that about any But for decades, the institution that up this bill and shed light on the fact region. In an emergency, no govern- is the Export-Import Bank has unfortu- that it includes long-overdue reforms ment program will be perfect, but that nately been used as a giant tool for to protect Native American women. is not a reason to hold back the money. corporate welfare. Ex-Im has operated The House is moving on legislation this Instead, send the money and have some to benefit the wealthiest and the most week to protect our healthcare law and oversight, but help the people. They politically connected businesses in protections for Americans with pre- need it. You can’t pick and choose America, as well as their overseas cli- existing conditions from the adminis- which Americans to help. ents and, believe it or not, foreign gov- tration’s efforts to destroy those pro- I would say this to President Trump: ernments. Take Boeing, for instance. tections. There is no reason for Leader As our President, you must represent Look, it is no coincidence that Ex-Im MCCONNELL, who says he wants to all Americans, not just the ones who move on, to let these bills collect dust voted for you. has been nicknamed ‘‘Boeing’s bank.’’ in the Senate. Even if he doesn’t love I yield the floor. When Ex-Im financing was at its peak, every particular in these bills, why not Boeing received 70 percent of all Ex- f bring them to the floor to debate and port-Import Bank loan guarantees and amend? Surely, we could find a way to CONCLUSION OF MORNING 40 percent of all Ex-Im dollars. agree on issues. Ninety, ninety-five BUSINESS Which other large corporations have percent of Americans agree on every The PRESIDING OFFICER. Morning benefited? Well, they include General one of these. But the Republican Party business is closed. Electric, John Deere, Caterpillar, and and Leader MCCONNELL are so in the other industrial giants—hardly busi- f grasp of powerful special interests and nesses that are unable to get financing lobbyists from the hard right that they EXECUTIVE SESSION elsewhere; hardly businesses that fit are afraid to move any of this. within the category of what the biggest f proponents of Ex-Im claim need Ex-Im DISASTER RELIEF EXECUTIVE CALENDAR to exist in the first place. Mr. SCHUMER. Madam President, on The PRESIDING OFFICER. Under In fact, while Ex-Im claims that 90 disaster, last week, the city of Dav- the previous order, the Senate will pro- percent of the businesses to which it enport in Iowa became the site of the ceed to executive session to resume provides support are ‘‘small busi- latest national disaster to wreak havoc consideration of the following nomina- nesses,’’ when you dive into those num- on our homeland. It has been 8 weeks tion, which the clerk will report. bers, the numbers tell a somewhat dif- since the Midwest began battling major The senior assistant legislative clerk ferent story. They show that small flooding, 6 months since the last major read the nomination of Joseph F. businesses received only about 25 per- wildfire in California, 12 months since Bianco, of New York, to be United cent of Ex-Im dollars. That doesn’t a volcano erupted in Hawaii, and over a States Circuit Judge for the Second even touch the fact that in 2014 Cater- year and a half since Hurricanes Irma Circuit. pillar and Boeing were the first and and Maria devastated the island of The PRESIDING OFFICER. The Sen- fourth largest recipients of so-called ator from Utah. Puerto Rico. But because the President small business funds from Ex-Im. So if has stubbornly and inexplicably op- EXPORT-IMPORT BANK Boeing and Caterpillar—great U.S. posed aid to Puerto Rico, a comprehen- Mr. LEE. Madam President, many companies that employ tens of thou- sive disaster package has failed to get Americans might be surprised, sands of hard-working Americans and the necessary support of my colleagues shocked, and troubled to learn that make good products used by people all on the other side of the aisle, of a ma- some of their tax dollars are going di- over the world—if they can be consid- jority in the House, and has languished rectly to Chinese companies and that ered small businesses, it makes you in the Congress. some of those dollars even go to cor- question the vernacular used by Ex- Unfortunately, the President con- porations owned by the Chinese Gov- port-Import Bank proponents. tinues to belittle Puerto Rico and tell ernment, like Chinese banks, Chinese flat-out mistruths about the level of development agencies, and Chinese Looking at the Bank’s track record support they are receiving. Just yester- microprocessor factories. In recent as a whole, only one-half of 1 percent of day, the President said the people of years, in fact, China received $50 mil- all small businesses in America actu- Puerto Rico ‘‘should be very happy’’ lion in loans and guarantees, all ally benefit from Export-Import fi- with what he has done for them so far. backed by American citizens. nancing—a very small tip of a very Well, don’t ask me. Ask the Governor Taxpayers would be right to be puz- large iceberg; a very small portion of of Puerto Rico—hardly a left-wing, par- zled and concerned about why their all business enterprises in the United tisan Democrat; ask the mayor of San hard-earned money is subsidizing Chi- States. It makes one question, why, Juan; ask the people of Puerto Rico if nese state-owned companies. To be then, do we have one entity that is set they are happy. Don’t put words in clear, we are not talking about vol- up to provide such a large benefit to so their mouths. Ask them if they are untary investment from American few businesses?

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2661 It is a similar story on the foreign small businesses instead of the Boeings posed to be the land of opportunity. side. Abroad, Ex-Im has largely bene- and Caterpillars, compared to the 25 People’s access to opportunity fited big companies that already col- percent that went to them before. It shouldn’t depend on their access to lect massive subsidies as state-con- turns out that the big businesses have government. It shouldn’t depend on trolled entities and entities that can been doing just fine, even since those their ability to employ an army of lob- easily get private financing elsewhere. limitations kicked in a few years ago. byists and government consultants. The No. 1 buyer of exports subsidized In fact, some of them—many of them— No, it should depend on their ability to by Ex-Im between 2007 and 2013 was are doing even better than before. Last innovate. Pemex. For those not familiar with year was Boeing’s best year yet, with We are great as a country and we are Pemex, it is the notoriously corrupt exports making a particularly strong strong as an economy not because of petroleum company owned by the showing. As Boeing itself admitted, it who we are but because of what we do. Mexican Government. Pemex, which had ‘‘robust’’ private sector financing. We have succeeded precisely because has a market cap of $416 billion, re- According to reports in 2017, there were we have chosen free markets over cen- ceived more than $7 billion in loans unprecedented levels of competition tral planning. We have chosen the backed by U.S. taxpayers. Why? among lenders and insurers to finance rights of the individual in a free, open, During the same period, Ex-Im aircraft exports. robust marketplace rather than having backed $3.4 billion in financing to It turns out that when the govern- business decisions made by a govern- Emirates Airlines—a company wholly ment leaves a profitable line of busi- ment bureaucrat in Washington, DC. owned by the Government of Dubai— ness, private business enterprises do in The fact that this might have made for Emirates’ purchase of Boeing fact compete in the marketplace to sense to those sitting in this Chamber planes. take its place, and, as it turns out, pri- and the House of Representatives some Indeed, a large share of Ex-Im financ- vate businesses make better business eight or nine decades ago doesn’t mean ing has historically gone to foreign air- decisions than governments. That is that it has to make sense now. It lines and to foreign energy compa- the lesson we need to take from this. doesn’t mean that we are stuck perpet- nies—businesses that are, in fact, com- The sky did not fall when these limita- ually in this same path. It certainly peting with American companies. tions kicked in a few years ago, and shouldn’t mean that the American peo- Now, not that there is anything they would not fall if we continued ad- ple should be required to work days, wrong with competition. It is great. ditional reforms, or even, I would dare weeks, and months out of every year to Competition ought to exist. Competi- say, if we phased out the Export-Im- fund the Federal Government that in- tion improves quality, and it brings port Bank altogether. cludes this program, the Export-Import down prices. But why is it that we, as Furthermore, with the decrease in Bank, which ends up giving a whole lot the U.S. Government, are in many in- Ex-Im’s subsidies, U.S. exports have ac- of that money to big businesses in stances financing the competitors of tually risen slightly. Between 2014 and America and to state-owned businesses U.S. businesses—competitors that in 2018, exports rose from $1.7 trillion to abroad to participate in what is sup- many instances are owned by foreign $1.8 trillion. posed to be a free-market economy governments? Moreover, we have been Yet today the swamp strikes back. and, thereby, dilutes the power of that sending money to countries that in The prospect of confirming three nomi- economy. many cases have what we would de- nees to the Ex-Im Bank, thanks to the If we are to move toward restoring scribe as dubious records on human nuking of the Senate rules a few weeks fairness to our economy and our gov- rights and high levels of corruption. back, suggests Boeing’s bank will in ernment, it would be in our best inter- In the last 5 years, Saudi Arabia and fact rise from the grave to resume its est to get rid of this cronyist Bank al- Mexico were the top foreign recipients long history of fraud, corruption, abu- together. At the very least, we ought of Export-Import Bank aid, and in the sive power, and government manipula- not to empower it to its full capacity past, when Ex-Im had the authority to tion of the marketplace. for abuse by confirming these nominees grant larger subsidies, the top foreign We do not need to further empower today. I will vote against them. recipient was typically China. In 2014, the rich and politically connected com- I yield the floor. China received $2.2 billion in U.S. tax- panies that are already flourishing. The PRESIDING OFFICER (Mr. payer-backed loans and guarantees That only undermines trust in our gov- SCOTT of Florida). The majority whip is with most of it going to businesses ernment, which is supposed to protect recognized. owned by the Chinese Government. If it taxpayers from corruption and from TRIBUTE TO MIKE ENZI weren’t so sad, this would be funny. If waste, and it unilaterally prevents us Mr. THUNE. Mr. President, before I it weren’t so strange, it would be inter- from having a more thriving, more begin, I want to take a moment to say esting. To top it all off, Ex-Im has had competitive economy—one that would how sorry I am that the Senate will be poor accounting and has had rather actually produce more jobs in America losing Senator MIKE ENZI at the end of significant problems with trans- and one that would actually produce next year. parency. things in such a way that would benefit During his 20-plus years in the Sen- In 2013, Ex-Im was either unable or more consumers in America. We do not ate, MIKE has been a leader on so many unwilling to provide any justification need to use this outdated, broken, cor- issues, including healthcare and the whatsoever for half of the financing rupt Bank as a tool for countering for- budget. As the chairman of the Health, deals in its portfolio. Here again, this eign interests. We certainly don’t need Education, Labor, and Pensions Com- is stunning. I find it troubling that we it as a tool for subsidizing foreign in- mittee, he oversaw major pension re- are seriously considering these nomi- terests. The way to confront China’s form. As the chairman of the Budget nees without first addressing why we and other countries’ expansionism is Committee, he was an indispensable have the Export-Import Bank in the certainly not to subsidize their state- part of the effort to comprehensibly re- first place and why there haven’t been owned companies. form our Nation’s outdated Tax Code more reforms required before we con- No, we don’t need Boeing’s bank, and and put more money in the American firm additional nominees to its gov- neither do we need Beijing’s bank. Cro- people’s pockets. As always, he has erning body. There have already been nyism and policy privilege threaten ex- been a powerful voice for small busi- 30 corruption and fraud investigations actly, precisely the principles upon nesses during that process, not to men- into Ex-Im’s activity. which our Nation was founded and the tion a powerful voice for the West Now, thankfully, Congress put a principles that have fostered the devel- throughout his entire career. check on some of Export-Import opment of the greatest civilization and The Senate will be a lesser place Bank’s power back in 2015 when we al- of the strongest economy the world has without MIKE ENZI, but he has earned lowed the Board’s quorum to expire, ever known. They subvert the rule of some more time with his wife Diana, and thus, we capped its ability to make law by codifying inequality and rob or- their three children, and his four deals larger than $10 million. dinary Americans—the moms and pops grandchildren. In the past few years, 66 percent of and small business owners—from hav- I am grateful to have served with Ex-Im’s loans have actually gone to ing a level playing field in what is sup- MIKE and grateful that Senators will

VerDate Sep 11 2014 00:44 May 08, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.006 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2662 CONGRESSIONAL RECORD — SENATE May 7, 2019 have a little time before his well-de- 56%, rate their current financial situation as product over our U.S. product, but served retirement to continue to draw ‘‘excellent’’ or ‘‘good’’. . . . This overall posi- clearly the foreign export credit agen- on his wisdom and expertise over the tive rating has increased 10 percentage cy support by creates an incentive for course of the next year and a half. points since 2015 and is currently the highest them to purchase other products. since 2002. Likewise, the 57% of Americans Since 2015, the Bank has not been ECONOMIC GROWTH who now say their overall financial situation Mr. President, good news about the is getting better has risen 10 points since 2016 fully operational due to the lack of a economy keeps pouring in. On Friday and is at its highest numerical point since quorum on the Board of Directors. we learned that the economy created 2002. I am not going to go into a lot of why an impressive 263,000 new jobs in April. That is from Gallup last week. that has happened. I will just say that Meanwhile, the unemployment rate Republicans had one goal with tax re- if you truly believe in an export econ- dropped to its lowest level in half a form: Make life better for Americans. omy, you believe in having a credit century. The last time unemployment That is exactly what tax reform is agency, such as the Export-Import Bank, existing as a fundamental tool. was this low was 1969. doing. Thanks to tax reform, workers Basically what it has meant is that, Wages are growing at the fastest pace have more money in their paychecks; with a lack of Board of Directors, we in a decade. April marked the ninth they have better access to good jobs have not been able to approve financ- straight month that wage growth was with good wages and good benefits; and ing transactions over $10 million—a at or above 3 percent. Economic growth they have better opportunities for ad- situation that has left nearly $40 bil- for the first quarter of 2019 was a ro- vancement. I am proud that Republican policies lion in limbo. That is $40 billion worth bust 3.2 percent, which completely of American exports unable to reach are making life better for Americans. smashed expectations. Personal income those new markets and new customers. We are not stopping here. Republicans is up, business investment is up, and That is $40 billion worth of exports sup- will continue to make American work- the list goes on. porting high-paying American jobs and ers and American families our priority. Importantly, the benefits of this eco- economic output held hostage every We are committed to making sure that nomic growth are being spread far and day that the Bank is not fully oper- every American has access to a secure, wide. In fact, blue-collar workers are ational. seeing some of the biggest benefits. prosperous, and hopeful future, which According to the National Associa- The Wall Street Journal noted on Fri- is why I am hopeful that the President tion of Manufacturers, since the Ex-Im day: ‘‘Believe it or not—and liberals will soon be able to close the ongoing Bank lost its quorum in 2015, American won’t want to admit it—the evidence is trade negotiations and create greater manufacturers have lost billions of dol- that the faster economic growth of the market access for U.S. exports, espe- lars of sales, which meant the loss of at last two years is reducing income in- cially agricultural exports, which will least 80,000 American jobs in manufac- equality.’’ correct trade abuses and kick our econ- turing in 2016 and 2017 and a loss of at Where did all of this growth come omy into an even higher gear. least $119 billion in economic output. from? I yield the floor. Trust me, as I have followed this Well, a little over 2 years ago, at the I suggest the absence of a quorum. issue from U.S. equipment to impacts end of the Obama administration, the The PRESIDING OFFICER. The to GE and to other companies, I have outlook wasn’t too rosy. American clerk will call the roll. seen people lose business simply be- The bill clerk proceeded to call the families were struggling. The economy cause we haven’t had a functioning was sputtering. The historically slow roll. credit agency to take the best valued Ms. CANTWELL. Mr. President, I ask recovery had left experts predicting product—that is, some of the most unanimous consent that the order for that weak economic growth would be high-priced U.S. manufacturing prod- the quorum call be rescinded. the new normal. Republicans, however, uct—and help get it to overseas mar- The PRESIDING OFFICER. Without did not think that we needed to resign kets. ourselves to a future of weak growth. objection, it is so ordered. At least 95 percent of the world cus- We knew that American workers and NOMINATIONS tomers live outside the United States, American businesses were as dynamic Ms. CANTWELL. Mr. President, I and every day that the Export-Import and creative as ever. We also knew that come to the floor today to speak in Bank is not fully operational, Amer- burdensome regulations and an out- favor of confirming the three nominees ican manufacturers and small busi- dated tax code were holding our econ- before us for the Board of Directors at nesses lose opportunities. These oppor- omy back and reducing the opportuni- the U.S. Export-Import Bank. All three tunities are lost throughout our coun- ties available to workers. of these nominees are well qualified, try, from Mack Trucks losing out on So when we took office in 2017, we with years of experience in relevant an opportunity to export Pennsyl- got right to work on improving our fields, and all three have received sup- vania-manufactured vehicles to Cam- economy in order to improve life for port from Democrats and Republicans. eroon, to the aerospace industry in my the American people. We knew that our In fact, all three advanced out of the State losing out on a commercial sat- economy needed to thrive if American Banking Committee earlier this Con- ellite deal in Asia, to impacts on small families were going to thrive. We were gress by a voice vote. businesses in the supply chain. determined to give Americans access We must confirm these nominees to Losing these opportunities means to the jobs, opportunities, and wages ensure that the Export-Import Bank is losing high-paying American jobs. In that they needed for a secure future. once again fully operational. It is crit- fiscal year 2013, when the Bank was So we eliminated burdensome regula- ical for jobs and for our economy, not fully operational, it supported nearly tions that were acting as a drag on eco- just in my home State of Washington 39,000 jobs in my State of Washington nomic growth. We passed historic re- but throughout the United States. and over 200,000 in the United States. form of our Tax Code to put more I believe in an export economy. I be- In fiscal year 2018, without a quorum, money in Americans’ pockets and lieve the United States of America the Bank only supported 650 jobs in make it easier for businesses to grow manufactures and makes great prod- Washington and only 33,000 nationwide. and to create jobs. ucts, and we should be shipping them That is a decrease of nearly 84 percent. Now we are seeing the results: strong around the globe to customers in a So we need to take action. Every day job creation, low unemployment, ro- growing middle class. To do that, we that the Bank is not fully operational, bust economic growth, higher wages, have to have a functioning export cred- American businesses lose ground to and more. American families are feel- it agency that works with the private their competitors. ing the effects. sector as a tool to get more of our I believe American businesses are Last week, Gallup reported: products to markets where that kind of some of the best in the world. They banking and assistance does not exist. make great products, and they can At the start of 2019, Americans’ optimism about their personal finances reached levels If the United States fails to participate compete on any stage with other coun- not seen in more than 16 years, as 69% ex- here, customers receive products from tries. But without the Export-Import pected that they would be financially better other countries—other countries that Bank, there is simply not a level play- off in a year. . . . A majority of Americans, may not necessarily want that foreign ing field.

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.008 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2663 There are more than 100 other export the number of murdered and missing MUELLER REPORT credit agencies worldwide helping for- Native women in urban areas, where 71 Ms. WARREN. Mr. President, a little eign companies reach new markets. percent of Native Indians and Alaska while ago, the majority leader stood on Without the Export-Import Bank, Natives reside. These are urban centers this floor to speak about the investiga- American companies are forced to sit in which they found at least 506 cases tion into the 2016 Presidential election. on the sideline and watch as other of missing or murdered indigenous He triumphantly declared ‘‘case countries fill that void. In fact, China women and girls in 71 cities. One hun- closed’’—‘‘case closed.’’ Wishing will has done more export financing in the dred and twenty-eight were missing, not make it so. last 3 years than the Export-Import and 280 were murdered. I read the Mueller report. I read it Bank has done in its 85-year history. The report found that Washington cover to cover, every page. I read late What does that mean? It means that if State has one of the highest number of into the evening on the day it was re- other countries continue to use credit cases of murdered and missing Native leased and into the next morning. I support financing as a tool to help American women. Two of my State’s didn’t start reading by expecting to products reach markets and the United largest cities—Seattle and Tacoma— make a statement about it, but I was States doesn’t, they will have an unfair are in the top 10 nationwide of cities shaken by the evidence that the special advantage. with the highest number of cases. Se- counsel had gathered and by the con- So it is not only time to confirm attle ranks No. 1. clusions that he drew. these nominees to ensure the Export- We are experiencing this crisis, and it The majority leader would have us Import Bank is fully functional, it is is time that this report be a wake-up believe that scrutinizing this evidence also important to make sure we have a call to action. We can no longer ignore is a matter of Democrats refusing ‘‘to functioning Export-Import Bank. With these huge numbers. We need to find make peace with the American people’s its authorization set to expire in Sep- answers. choice.’’ He wants to portray this as tember, we need to reauthorize the Ex- One of the answers is in the legisla- just an ‘‘outrage industrial complex’’ port-Import Bank so it can continue to tion sponsored by my colleague, Sen- because some people don’t like that provide new financing that supports ator MURKOWSKI from Alaska, Savan- President Trump won. Again, wishing American jobs and American exporters. na’s Act, which will improve the re- will not make it so. For many U.S. companies, the Ex- sponse of local, State, and Federal- Sure, there is plenty to be outraged port-Import Bank guarantees financing Tribal enforcement in cases of missing about in the special counsel’s report, in emerging markets where private fi- and murdered Tribal women and girls. but no one here is pitching a fit that nancing is very difficult or impossible This is so important, and that is why I Democrats didn’t win the election. No, to obtain. These tools have been essen- have joined Senator MURKOWSKI and what is at stake here is the Constitu- tial. For example, Spokane-based Senator CORTEZ MASTO as a cosponsor tion of the United States of America. SCAFCO makes grain storage bins, of this legislation and am urging that Will Congress do its job and fulfill its silos, and other agricultural processing the Senate pass it immediately. constitutional duty to serve as a check and storage equipment. It sells its Right now, hours and days can be on the President? The answer from the product to more than 80 markets wasted in responding to this. Savanna’s majority leader and his Republican col- around the world. We are very proud of Act will streamline the protocols and leagues is no—‘‘case closed.’’ ‘‘Case that company and what they have process between our Tribes and law en- closed,’’ they cry. achieved. Financing from the Export- forcement agencies, which will mean Instead of reading the words of the Import Bank helped SCAFCO sell a swifter action and a more rapid pace. special counsel’s report, they just want grain storage system to Cambodia. Why am I bringing this up now? I to circle the wagons around this Presi- Cambodia is normally a very tough know we also have to reauthorize the dent. Instead of protecting the Con- market for U.S. businesses to reach, Violence Against Women Act, but this stitution, they want to protect the but thanks to the Export-Import Bank, legislation has good bipartisan support President. This is a huge difference. SCAFCO was able to make the sale. in the Senate. We can pass this legisla- At the core of the Constitution is the The Senate should not be in the busi- tion very soon and send it over to the principle that no one is above the law, ness of making it harder for U.S. com- House of Representatives. That way, it not even the President of the United panies to compete; we should be mak- will be ready to be put into the hands States. My oath of office is the same as ing it easier for them to compete. We of our law enforcement, if it passes and MITCH MCCONNELL’s. I swore and he should not be putting American compa- goes to the President’s desk for signa- swore to uphold the Constitution of the nies at a disadvantage and costing ture—a tool that can be used now, not United States. Our Constitution is American jobs. It is time to recognize delayed another 7 or 8 months until we built on the principle of separation of that in order to compete in a 21st-cen- get the reauthorization of the Violence powers precisely to prevent a dictator, tury global economy where there is Against Women Act. an autocrat, from taking control of our huge growth and economic opportunity I thank my former colleague, Sen- government. This separation of powers outside of the United States, we have ator Heitkamp, for trying to push this is part of the brilliance of our Con- to have a very aggressive export strat- legislation at the end of the last con- stitution, and it has served us well for egy. gressional session. I hope my col- centuries. I hope my colleagues will not only leagues will realize that the great bi- Yes, I took an oath to uphold the help us get these nominees finally to partisan support that existed in the Constitution of the United States, and support a functioning Export-Import Senate to move this legislation still so did everybody in the Senate and the Bank, but they will also work very col- exists. What is different now is a House House, including the majority leader. laboratively to make sure the Bank of Representatives that is very willing Now we must act to fulfill that oath. does not expire again this September. to take up and pass Savanna’s Act, and There is no ‘‘political inconvenience’’ S. RES. 144 we should do that as soon as possible. exception to the U.S. Constitution. If Mr. President, I would like to turn to I thank the Presiding Officer. any other human being in this country another subject. My colleague, Senator I yield the floor. had done what is documented in the UDALL from New Mexico, was out here I suggest the absence of a quorum. Mueller report, they would be arrested earlier, I believe—or maybe he is com- The PRESIDING OFFICER. The and put in jail. ing later this afternoon—to remember clerk will call the roll. The majority leader doesn’t want us the honoring this past Sunday of the The bill clerk proceeded to call the to consider the mountain of evidence National Day of Awareness for Missing roll. against the President. That is wrong. and Murdered Native Women and Girls. Ms. WARREN. Mr. President, I ask He and his colleagues have moved to This is an important day to recognize unanimous consent that the order for protect the President instead of defend- because this has become an epidemic in the quorum call be rescinded. ing the Constitution. Maybe my col- the United States. The PRESIDING OFFICER. Without leagues on the other side of the aisle Last year, the Seattle Indian Health objection, it is so ordered. are confused or maybe they just didn’t Board released a report that examined The Senator from Massachusetts. read the report. Well, I did, and there

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.009 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2664 CONGRESSIONAL RECORD — SENATE May 7, 2019 were some passages that stuck out to That ends the quote from the Mueller Mueller recounts: me. report. Two days after directing McGahn to have Since the majority leader has pro- Starting again from the Mueller re- the Special Counsel removed, the President nounced his judgment here on the Sen- port: made another attempt to affect the course of ate floor, I would like to spend some When the President called McGahn a sec- the Russia investigation. On June 19, 2017, time reminding him of exactly what ond time to follow up on the order to call the the President met one-on-one in the Oval Of- Department of Justice, McGahn recalled the fice with his former campaign manager, this report said. Let’s start with this Corey Lewandowski, a trusted advisor out- one. Robert Mueller’s report makes President was more direct, saying something like, ‘‘Call Rod, tell Rod that Mueller has side the government, and dictated a message clear that the President took steps to conflicts and can’t be the Special Counsel.’’ for Lewandowski to deliver to Sessions. The impede the Mueller investigation and McGahn recalled the President telling him message said that Sessions should publicly that his report, though it does not ‘‘Mueller has to go’’ and ‘‘Call me back when announce that, notwithstanding his recusal charge the President, did not exonerate you do it.’’ McGahn understood the Presi- from the Russia investigation, that the in- him from wrongdoing. According to dent to be saying that the Special Counsel vestigation was ‘‘very unfair’’ to the Presi- Mueller: had to be removed by Rosenstein. To end the dent, the President had done nothing wrong, conversation with the President, McGahn and Sessions planned to meet with the Spe- On May 17, 2017, the Acting Attorney Gen- left the President with the impression that cial Counsel and ‘‘let [him] move forward eral for the Russia investigation appointed a McGahn would call Rosenstein. McGahn re- with investigating election meddling for fu- Special Counsel to conduct the investigation called that he had already said no to the ture elections.’’ Lewandowski said he under- and related matters. The President reacted President’s request, and he was worn down. stood what the President wanted Sessions to to news that a Special Counsel had been ap- So he just wanted to get off the phone. do. pointed by telling advisors that it was ‘‘the McGahn recalled feeling trapped because One month later, in another private meet- end of his presidency’’ and demanding that he did not plan to follow the President’s di- ing with Lewandowski on July 19, 2017, the Sessions resign. Sessions submitted his res- rective, but he did not know what he would President asked about the status of his mes- ignation, but the President ultimately did say next time the President called. McGahn sage for Sessions to limit the Special Coun- not accept it. The President told aides that decided he had to resign. He called his per- sel’s investigation to future election inter- the Special Counsel had conflicts of interest sonal lawyer, and then he called his chief of ference. Lewandowski told the President and suggested that the Special Counsel staff, Annie Donaldson, to inform her of his that the message would be delivered soon. therefore could not serve. The President’s decision. He then drove to the office to pack Hours after that meeting, the President pub- advisors told him the asserted conflicts were his belongings and submit his resignation licly criticized Sessions in an interview with meritless and had already been considered by letter. Donaldson recalled that McGahn told the New York Times, and then issued a se- the Department of Justice. On June 14, 2017, her the President had called and demanded ries of tweets making it clear that Sessions’s the media reported that the Special Coun- that he contact the Department of Justice job was in jeopardy. Lewandowski did not sel’s Office was investigating whether the and that the President wanted him to do want to deliver the President’s message per- President had obstructed justice. Press re- something that McGahn did not want to do. sonally, so he asked senior White House offi- ports called this ‘‘a major turning point’’ in McGahn told Donaldson that the President cial Rick Dearborn to deliver it to Sessions. the investigation: while Comey had told the had called at least twice and, in one of the Dearborn was uncomfortable with the task President he was not under investigation, calls, asked, ‘‘have you done it?’’ McGahn and did not follow through. following Comey’s firing, the President now did not tell Donaldson the specifics of the was under investigation. The President re- That is the conclusion of that part of President’s request because he was con- the report. acted to this news with a series of tweets sciously trying not to involve her in the in- criticizing the Department of Justice and vestigation, but Donaldson inferred that the Now, President Trump also took the Special Counsel’s investigation. On June President’s directive was related to the Rus- steps to ‘‘prevent public disclosure of 17, 2017, the President called McGahn [who sia investigation. Donaldson prepared to re- evidence’’ that was related to the spe- was White House Counsel] at home and di- sign along with McGahn. cial counsel’s investigation. rected him to call the Acting Attorney Gen- That evening, McGahn called both Priebus Back to the Mueller report: eral and say that the Special Counsel had and Bannon and told them that he intended In early 2018, the press reported that the conflicts of interest and must be removed. to resign. McGahn recalled that, after speak- President had directed McGahn to have the That ends the quote from the Mueller ing with his attorney and given the nature of special counsel removed in June 2017 and report. According to McGahn, the the President’s request, he decided not to that McGahn had threatened to resign rather President was extremely insistent, share details of the President’s request with than carry out the order. The President re- other White House staff. Priebus recalled acted to the news stories by directing White calling him repeatedly and not taking that McGahn said that the President had no for an answer. Here is what McGahn House officials to tell McGahn to dispute the asked him to ‘‘do crazy shit,’’ but he thought story and to create a record stating that he told the special counsel—back to the McGahn did not tell him the specifics of the had not been ordered to have the Special Mueller report: President’s request because McGahn was try- Counsel removed. McGahn told those offi- On Saturday, June 17, 2017, the President ing to protect Priebus from what he did not cials that the media reports were accurate in called McGahn and told him to have the Spe- need to know. stating that the President had directed cial Counsel removed. McGahn was at home Priebus and Bannon both urged McGahn to have the Special Counsel re- and the President was at Camp David. In McGahn not to quit, and McGahn ulti- moved. The President then met with interviews with this Office, McGahn recalled mately returned to work that Monday McGahn in the Oval Office and again pres- that the President called him at home twice and remained in his position. He had sured him to deny the reports. and on both occasions directed him to call That is the end of that section. Rosenstein and say that Mueller had con- not told the President directly that he planned to resign, and when they next Now, the President also tried to in- flicts that precluded him from serving as fluence witnesses, like Michael Flynn Special Counsel. saw each other the President did not On the first call, McGahn recalled that the ask McGahn whether he had followed and Paul Manafort, while they cooper- President said something like, ‘‘You gotta do through with calling Rosenstein. ated with the special counsel. this. You gotta call Rod.’’ McGahn said he Around the same time, Chris Christie Back to the Mueller report: told the President that he would see what he recalled a telephone call with the With regard to Flynn, the President sent could do. McGahn was perturbed by the call President in which the President asked private and public messages to Flynn en- and did not intend to act on the request. He couraging him to stay strong and conveying and other advisors believed the asserted con- what Christie thought about the Presi- that the President still cared about him be- flicts were ‘‘silly’’ and ‘‘not real,’’ and they dent firing the Special Counsel. fore he began to cooperate with the govern- had previously communicated that view to Christie advised against doing so be- ment. When Flynn’s attorneys withdrew him the President. McGahn also had made clear cause there was no substantive basis from a joint defense agreement with the to the President that the White House Coun- for the President to fire the Special President, signaling that Flynn was poten- sel’s Office should not be involved in any ef- Counsel, and because the President tially cooperating with the government, the fort to press the issue of conflicts. McGahn would lose support from Republicans in President’s personal counsel initially re- was concerned about having any role in ask- Congress if he did so. minded Flynn’s counsel of the President’s ing the Acting Attorney General to fire the That is the end of that part of the warm feelings toward Flynn and said ‘‘that Special Counsel because he had grown up in still remains.’’ But when Flynn’s counsel re- the Reagan era and wanted to be more like Mueller report. iterated that Flynn could no longer share in- Judge Robert Bork and not ‘‘Saturday Night Now, the other President’s aides ulti- formation under a joint defense agreement, Massacre Bork.’’ McGahn considered the mately refused to carry out his orders the President’s personal counsel stated that President’s request to be an inflection point and prepared to resign rather than do the decision would be interpreted as reflect- and he wanted to hit the brakes. so. The President persisted. ing Flynn’s hostility toward the President.

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.011 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2665 That sequence of events could have had the Each of us believes that the conduct of failed to contact Sessions in private. potential to affect Flynn’s decision to co- President Trump described in Special Coun- After a second meeting with Trump, operate, as well as the extent of that co- sel Robert Mueller’s report would, in the Lewandowski passed Trump’s message operation. case of any other person not covered by the on to senior White House official Rick With respect to Manafort, there is evidence Office of Legal Counsel policy against indict- that the President’s actions had the poten- ing a sitting President, result in multiple Dearborn, who Lewandowski thought tial to influence Manafort’s decision whether felony charges for obstruction of justice. would be a better messenger because of to cooperate with the government. The I just want to read that again: his prior relationship with Sessions. President and his personal counsel made re- Dearborn did not pass along Trump’s peated statements suggesting that a pardon ‘‘would . . . result in multiple felony charges for obstruction of justice.’’ message. was a possibility for Manafort, while also As the report explains, ‘‘[s]ubstantial making it clear that the President did not The Mueller report describes several acts evidence indicates that the President’s want Manafort to ‘‘flip’’— that satisfy all of the elements for an ob- struction of justice charge. Conduct that ob- effort to have Sessions limit the scope That is in quotes in the Mueller re- of the Special Counsel’s investigation port— structed or intended to obstruct the truth- finding process, as to which the evidence of to future election interference was in- and cooperate with the government. On June corrupt intent and connection to pending tended to prevent further investigative 15, 2018, the day the judge presiding over proceedings is overwhelming. These include: scrutiny of the President’s and his Manafort’s D.C. case was considering wheth- The President’s efforts to fire Mueller and er to revoke his bail, the President said that campaign’s conduct.’’ to falsify evidence about that effort; In other words, the President em- he ‘‘felt badly’’ for Manafort and stated, ‘‘I The President’s effort to limit the scope of think a lot of it is very unfair.’’ And when ployed a private citizen to try to get Mueller’s investigation to exclude his con- the Attorney General to limit the asked about a pardon for Manafort, the duct; and President said, ‘‘I do want to see people The President’s efforts to prevent wit- scope of an ongoing investigation into treated fairly. That’s what it’s all about.’’ nesses from cooperating with investigators the President and his associates. Later that day, after Manafort’s bail was re- probing him and his campaign. All of this conduct—trying to control voked, the President called it a ‘‘tough sen- and impede the investigation against tence’’ that was ‘‘Very unfair!’’ Two days This is under the heading in the let- ter ‘‘Attempts to fire Mueller and then the President by leveraging his author- later, the President’s personal counsel stated ity over others—is similar to conduct that individuals involved in the Special create false evidence.’’ Counsel’s investigation could receive a par- Continuing with the letter: we have seen that has been charged against other public officials and peo- don ‘‘if, in fact, the [P]resident and his advi- Despite being advised by then-White House sors . . . come to the conclusion that you Counsel Don McGahn that he could face legal ple in powerful positions. have been treated unfairly,’’—using language jeopardy for doing so, Trump directed The next section of the special coun- that paralleled how the President had al- McGahn on multiple occasions to fire sel’s report establishes that the Presi- ready described the treatment of Manafort. Mueller or to gin up false conflicts of inter- dent tried to influence the decisions of This is Mueller’s report. est as a pretext for getting rid of the Special both Michael Cohen and Paul Manafort Those statements, combined with the Counsel. When these acts began to come into with regard to cooperating with inves- President’s commendation of Manafort for public view, Trump made ‘‘repeated efforts tigators. Some of this tampering and being a ‘‘brave man’’ who ‘‘refused to to have McGahn deny the story’’—going so intimidation, including the dangling of break,’’ suggested that a pardon was a more far as to tell McGahn to write a letter ‘‘for our files’’ falsely denying that Trump had di- pardons, was done in plain sight via likely possibility if Manafort continued not tweets and public statements. Other to cooperate with the government. And while rected Mueller’s termination. Manafort eventually pleaded guilty pursuant Firing Mueller would have seriously im- such behavior was done via private to a cooperation agreement, he was found to peded the investigation of the President and messages through private attorneys, have violated the agreement by lying to in- his associates—obstruction in its most lit- such as Trump counsel Rudy Giuliani’s vestigators. eral sense. Directing the creation of false message to Cohen’s lawyer that Cohen That concludes that portion of the government records in order to prevent or should ‘‘[s]leep well tonight[], you have discredit truthful testimony is similarly un- Mueller report. friends in high places.’’ lawful. The special counsel’s report states: Of course, these aren’t the only acts Now, Mueller declined to take a posi- ‘‘Substantial evidence indicates that in re- tion because of the existing Depart- peatedly urging McGahn to dispute that he of potential obstruction detailed by the ment of Justice Office of Legal Counsel was ordered to have the Special Counsel ter- special counsel. It would be well within policy that you cannot indict a sitting minated, the President acted for the purpose the purview of normal prosecutorial President. He intended to leave the of influencing McGahn’s account in order to judgment also to charge other acts de- matter to Congress. He laid the evi- deflect or prevent scrutiny of the President’s tailed in the report. dence out in the Mueller report, which conduct toward the investigation.’’ We emphasize that these are not made clear that the President of the Also within the letter, under the matters of close, professional judg- United States obstructed justice. header Attempts to Limit the Mueller ment. Of course, there are potential de- And don’t just take my word for it. Investigation, the report describes fenses or arguments that could be Just yesterday, over 600 former Federal multiple efforts by the President to raised in response to an indictment of prosecutors wrote a letter stating that curtail the scope of the special coun- the nature we describe here. In our sys- ‘‘the conduct of President Trump de- sel’s investigation. tem, every accused person is presumed scribed in Special Counsel Robert First, the President repeatedly pres- innocent, and it is always the govern- Mueller’s report would, in the case of sured then-Attorney General Jeff Ses- ment’s burden to prove its case beyond any other person not covered by the Of- sions to reverse his legally mandated a reasonable doubt. Yet to look at fice of Legal Counsel policy against in- decision to recuse himself from the in- these facts and say that a prosecutor dicting a sitting President, result in vestigation. The President stated the could not probably sustain a conviction multiple felony charges for obstruction reason was that he wanted an Attorney for obstruction of justice—the stand- of justice.’’ General who would ‘‘protect’’ him, in- ards set out in Principles of Federal So I am going to read their letter be- cluding from the special counsel’s in- Prosecution—runs counter to logic and cause I think it is important, and I vestigation. He also directed then- our experience. want to make sure it is in the RECORD White House Chief of Staff Reince As former Federal prosecutors, we recog- here. Here is the letter from more than Priebus to fire Sessions, and Priebus nize that prosecuting obstruction of justice 600 former prosecutors. refused. cases is critical because unchecked obstruc- We are former federal prosecutors. We Second, after McGahn told the Presi- tion, which allows intentional interference served under both Republican and Demo- dent he could not contact Sessions with criminal investigations to go unpunished, puts our whole system of justice cratic administrations at different levels of himself to discuss the investigation, the federal system: as line attorneys, super- at risk. We believe strongly that but for the Trump went outside the White House OLC memo, the overwhelming weight of pro- visors, special prosecutors, United States at- and instructed his former campaign torneys, and senior officials at the Depart- fessional judgment would come down in ment of Justice. The offices in which we manager Corey Lewandowski to carry favor of prosecution for the conduct outlined served were small, medium, and large; urban, a demand to Sessions to direct Mueller in the Mueller report. suburban, and rural; and located in all parts to confine his investigation to future Over 600 former Federal prosecutors of our country. elections. Lewandowski tried and are saying that if we were talking

VerDate Sep 11 2014 23:24 May 07, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.013 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2666 CONGRESSIONAL RECORD — SENATE May 7, 2019 about any person in this country other tail Mueller. On the question of wheth- proceeding. For us, for this body, for than the President of the United er those actions constituted an ob- Congress, to back up from that and to States, that person would be pros- structive act, Mueller found that say that protecting the President is ecuted for obstruction of justice. Be- Trump’s effort to force Sessions to con- more important than protecting the cause of that OLC opinion that a sit- fine the investigation to investigating Constitution is not only wrong, it is a ting President cannot be indicted, the only future election interference violation of our oath of office. only mechanism to hold the President ‘‘would qualify as an obstructive act if I am here to say one more time and accountable and to ensure that the it would naturally obstruct the inves- publicly this is not a fight I wanted to President is not above the law is for tigation and any grand jury pro- take on, but this is the fight in front of Congress to initiate impeachment pro- ceedings that might flow from the in- us now. This is not about politics. This ceedings. quiry.’’ The report continues: ‘‘Taken is about the Constitution of the United There has been more commentary. together, the President’s directives in- States of America. Scholars at Lawfare have put together dicate that Sessions was being in- We took an oath not to try to protect a very helpful piece that breaks down structed to tell the Special Counsel to Donald Trump; we took an oath to pro- all of the examples documented in the end the existing investigation into the tect and serve the Constitution of the Mueller report in which Trump may President and his campaign[.]’’ United States of America, and the way have obstructed justice. Then it ana- On the question of whether there was we do that is we begin impeachment lyzes the strength of the case to be a nexus between the act and an official proceedings now against this Presi- made that the President is guilty of ob- proceeding, Mueller found that at the dent. struction of justice. relevant point, ‘‘the existence of a I yield the floor. The PRESIDING OFFICER (Mr. Per Lawfare: grand jury investigation supervised by CRUZ). The assistant Democratic lead- The key question is how Robert Mueller the Special Counsel was public knowl- and his team assessed the three elements er. edge.’’ Mr. DURBIN. Mr. President, I want ‘‘common to most of the relevant statutes’’ On the question of intent, Mueller relating to obstruction of justice, which are to thank my colleague from Massachu- an obstructive act, a nexus between the act found ‘‘substantial evidence’’ that indi- setts for her statement and for going and an official proceeding, and corrupt in- cates that Trump’s efforts were ‘‘in- into depth on the Mueller report and tent. tended to prevent further investigative talking about the findings. As Mueller describes, the special counsel’s scrutiny of the President’s and his office ‘‘gathered evidence . . . relevant to This morning, of course, we heard the campaign’s conduct.’’ Republican leader, Senator MCCON- the elements of those crimes and analyzed ITCH C ONNELL M M C came to the floor NELL, come to the floor and say some- them within an elements framework—while to declare that there will be no more refraining from reaching ultimate conclu- thing quite different—to quote what he sions about whether crimes were com- investigation into what the President said, the work of the special counsel mitted’’ because of the Office of Legal Coun- has done. Yet the Mueller report has and the Attorney General ‘‘and how we sel (OLC)’s guidelines against the indictment made clear that there are repeated in- can finally end this ‘Groundhog Day’ of a sitting president. stances of obstruction of justice. More spectacle, stop endlessly relitigating a than 600 Federal prosecutors have now 1 The Lawfare blog identified four in- 2 ⁄2-year-old election result, and move stances in the Mueller report that doc- said that what is laid out in the forward for the American people.’’ umented ‘‘substantial’’ evidence of all Mueller report would constitute ob- It is pretty clear the Republican three of those elements. In other struction of justice and would trigger a leader would like to say to the Amer- words, in the following four examples prosecution for any human being in ican people: Keep on moving, there is that were documented in the Mueller this country other than for the Presi- nothing to be seen here. But we know report, there is ‘‘substantial’’ evidence dent of the United States. better. on all three of the elements that Robert Mueller has put all of the If you take a look at the Mueller re- Mueller based his assessment on that facts and information together for us port: $26 million spent, 50 attorneys the President obstructed justice. and has abided by the Trump adminis- and agents, almost 2 years, scores of First, when it comes to the Presi- tration’s declaration, under the Office indictments that came down and some dent’s efforts to fire Mueller, the re- of Legal Counsel, that a sitting Presi- guilty pleas already and yet even more port found ‘‘substantial evidence’’— dent cannot be indicted for his crimes. to follow. This isn’t over, and it will that is from the report—that the Presi- He has handed it over to the Congress not be over soon, nor should it be. dent’s actions constituted an obstruc- of the United States of America for us It is obvious my Republican col- tive act. On page 89, it found that the to do our constitutional duty. leagues want to move on as quickly as former White House Counsel, Don We are a government that works by a possible from talking about how Russia McGahn, was a ‘‘credible witness’’ in separation of powers. We are not a gov- interfered in the 2016 election with the providing evidence that Trump, indeed, ernment that circles the wagon around stated intent of helping to elect Donald attempted to fire Mueller. The report a leader and says that everything else Trump President. They definitely don’t reads that this ‘‘would qualify as an falls away. Instead, we say there are want to talk about the many links be- obstructive act’’ if the firing ‘‘would powers that are given to the President tween the Russians and the Trump naturally obstruct the investigation and powers that are given to Congress, campaign or how, in the words of the and any grand jury proceedings that and each operates as a check on the Mueller report: ‘‘The campaign ex- might flow from the inquiry.’’ other. pected it would benefit electorally Then it established that there was a The information that has been given from information stolen and released nexus between the act and an official to us in the Mueller report clearly con- through Russian efforts.’’ proceeding, reading on page 89 that stitutes adequate information to begin They certainly don’t want to talk there is ‘‘substantial evidence’’ that an impeachment proceeding in the about the overwhelming evidence that Trump was aware that ‘‘his conduct House of Representatives. No matter Donald Trump obstructed justice. was under investigation by a federal how many times MITCH MCCONNELL or Today I believe the count was up to prosecutor who could present any evi- the rest of the Republicans want to 566 former prosecutors, including U.S. dence of federal crimes to a grand wish that away, it is there in black and attorneys, who believe that, reading jury.’’ white in the report. the Mueller report, there is ample evi- On the question of intent, the I urge every Republican in this dence to go forward with the prosecu- Mueller report found ‘‘substantial evi- Chamber, every Republican and Demo- tion on obstruction. dence indicates that the President’s at- crat in Congress, and every person in We know Mueller himself has said in tempts to remove the Special Counsel this country to read the Mueller re- the report that it is an opinion by the were linked to the Special Counsel’s port. Office of Legal Counsel precluding the oversight of investigations that in- Robert Mueller makes clear that the indictment and prosecution of a Presi- volved the President’s conduct[.]’’ President of the United States worked dent while in office that stopped him The second example that Mueller actively to obstruct justice. There is short of either charging or exonerating cites is the President’s efforts to cur- enough here to bring an impeachment the President on this charge.

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.014 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2667 No, my Republican colleagues want Bob Mueller before us, to have the evi- EXPORT-IMPORT NOMINATIONS to put the Russia investigation in the dence he accumulated carefully evalu- Mr. CRAPO. Mr. President, I rise to past, and as quickly as possible. And ated to protect the integrity of the speak in support of several of the nomi- then in the next breath, of course, at election process in 2020? Is there any nations to the Export-Import Bank: the hearing where Attorney General higher priority in a democracy than Ms. Kimberly Reed, to be President of Barr appeared, we see that they want the integrity of an election? the Export-Import Bank; the Honor- to return to those thrilling days of yes- Clearly, there is, and we have seen it able Spencer Bachus, to be a member of teryear. They say we need to look at and heard it from the chairman of the the Board of Directors of the Export- Hillary Clinton’s emails all over again. Judiciary Committee as well as from Import Bank; and Ms. Judith Pryor, to That, to them, is a more compelling the Republican leader today. The high- be a member of the Board of Directors issue. I think they are wrong. The in- est priority for them is to move on; of the Export-Import Bank. terference by a foreign power in the make certain that we don’t spend any These three highly qualified nomi- U.S. election is the most compelling moment contemplating, considering, or nees, if confirmed, will be in a position issue before us, and it cannot and even arguing about what we could do to ensure that the Export-Import Bank should not be ignored. to make this a better and safer democ- has the ability to provide finance in re- The work on the Russia investigation racy in the next electoral cycle. sponse to governments, like China, is not over. The Mueller report has 14 On the issue of obstruction of justice, that provide aggressive subsidies and criminal investigations that have been I am afraid we are going to be debating place U.S. exporters at a disadvantage. referred by the special counsel to other that for some time, but I certainly The President and his team have re- Justice Department components. would like to hear from Bob Mueller, cently reinforced their commitment to Twelve of those referred investigations directly, what he did find and why he restoring the ability of the Bank to are redacted so we don’t know their na- did not reach a conclusion to exonerate support American economic interests ture. the President on that charge. That is a in global marketplaces. There is also the counterintelligence critical element. The Director of the National Eco- side of the investigation. We need to Let me say one last word about a re- nomic Council, Larry Kudlow, recently fully understand what evidence Special curring theme and message from the noted that the Ex-Im Bank is needed in Counsel Mueller uncovered about how Republican leader about how the pre- the current trade environment, par- the Russians were able to accomplish vious President, Barack Obama, did ticularly with respect to China, in what they did. not take seriously the threats of Rus- order for the United States to compete A spokesman for the White House sian involvement in the 2016 election. and succeed in international markets, said several days ago that he couldn’t I think the record speaks for itself. calling it a ‘‘financial tool and a na- understand all the furor behind this Leading up to October 7, when the tional security weapon.’’ Russia interference. After all, they just President came forward and publicly U.S. Trade Representative Robert bought a couple Facebook ads. Well, it stated what he had been doing—what Lighthizer has called the lack of a turns out he was wrong. There was a his administration had been doing to functioning Ex-Im Bank a serious blow lot more involvement, and the Mueller investigate this Russian interference, to the economy. report pointed to it. he called for a bipartisan commitment Peter Navarro, Director of the Office Here is my concern: Attorney Gen- of Republicans and Democrats to stop of Trade and Manufacturing Policy, eral Barr’s actions have compromised it in place. has said: ‘‘The costs of keeping the Ex- his credibility when it comes to over- There was one voice of resistance, Im Bank on the sidelines can be meas- seeing the continuing investigations and it came from Senator MCCONNELL, ured in the tens of billions of dollars of that were brought on by the Mueller the Republican leader. He didn’t want products we fail to export—and in the inquiry. Barr’s blatant to take this as seriously as President thousands of jobs we fail to create mischaracterization of the Mueller re- Obama did. So for him to blame Presi- when this country does not have a fully port in his March 24 letter and April 18 dent Obama for not doing enough is to functioning export credit agency to press conference, his 19-page memo in ignore the obvious. Given the chance, compete with its counterparts around 2018 that showed bias on the question as the Republican Senate leader, he did the world.’’ of obstruction, his decision to make a little or nothing to acknowledge the It is clear that in our current trade prosecutorial judgment on obstruction Russian threat or do anything about it. environment, a fully functioning bank despite Mueller’s view that it was not Now we should do something to make could help the United States better appropriate for the Department to do sure 2020 turns out to be an election we succeed in international markets. so in light of that OLC opinion, and can be proud of, regardless of the out- President Trump’s recent budget sub- Barr’s many stunning statements be- come. Let the American people have mission to Congress notes that the fore Congress have undermined con- the last word, not Vladimir Putin. President ‘‘supports a fully functioning fidence in his independence and his I yield the floor. Ex-Im Bank to implement reforms and judgment. The PRESIDING OFFICER. The Sen- help American exporters compete in an I have called on him publicly and ator from Idaho. increasingly unfair global market- renew that call that he recuse himself ORDER OF PROCEDURE place.’’ from those pending criminal investiga- Mr. CRAPO. Mr. President, I ask As President of the Export-Import tions and prosecutions that emanate unanimous consent that notwith- Bank, Kimberly Reed will be able to from the Mueller report. At a min- standing the provisions of rule XXII, draw from an already distinguished ca- imum, he should recuse himself from the cloture votes on the Reed, Bachus, reer in public service, having pre- the 14 ongoing referred criminal inves- and Pryor nominations occur at 4 p.m. viously served as a senior adviser to tigations, and Special Counsel Mueller on Tuesday, May 7; further, that if clo- former Treasury Secretaries Paulson and Don McGahn should be called on to ture is invoked on the nominations on and Snow, as well as on several con- testify about unresolved questions. Wednesday, May 8, at 10 a.m., the Sen- gressional committees. Why in the world are they trying to ate vote on the confirmations of the During her nomination hearing, she cover up this investigation? Why following persons and nominations in committed to focusing on strong stand- wouldn’t we bring Bob Mueller before the order listed: Bianco, Reed, Bachus, ards of conduct, increased trans- the Senate Judiciary Committee, for and Pryor; that if confirmed, the mo- parency, sound risk management prac- example, and ask obvious questions? tions to reconsider be considered made tices, and eliminating waste, fraud, and Remember, there are two volumes in and laid upon the table and the Presi- abuse. the Mueller report. The first volume dent be immediately notified of the I can testify that she has gone out of relates to Russian interference in the Senate’s actions and the Senate re- her way to make herself available to election and our continuing concern sume consideration of the Dhillon nom- all Senators on both sides of the aisle that they are going to try it again in ination. to introduce herself and to answer any 2020. Shouldn’t it be priority one of the The PRESIDING OFFICER. Without questions the Senators have and to dis- Senate Judiciary Committee to have objection, is it so ordered. cuss any reforms and improvements

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.016 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2668 CONGRESSIONAL RECORD — SENATE May 7, 2019 she may be able to make to the Bank will be an asset to the Bank’s Board, for the best and brightest our State when she is confirmed. and I urge my colleagues to support can offer. Every West Virginian will Former Representative Bachus and I these nominations. know what it means when I say that were elected to the House of Represent- f she was a Golden Horseshoe awardee atives in the same term and worked and a Governor’s Honors Academy closely together in the House for a RECESS graduate. number of years. He served the Sixth The PRESIDING OFFICER. Under She hasn’t lost sight of those roots, District of Alabama from 1993 to 2015. the previous order, the Senate stands either. She continues to serve on the During that time, he served as both in recess until 2:15 p.m. Wesleyan board of trustees and has chairman and ranking member of the Thereupon, the Senate, at 12:30 p.m., worked with West Virginians every House Financial Services Committee. recessed until 2:15 p.m. and reassem- step of her career, whether it was as He is a pragmatic conservative and has bled when called to order by the Pre- the senior adviser to the Secretary of demonstrated a longstanding commit- siding Officer (Mrs. CAPITO). the Treasury or the head of the Com- ment to promoting economic oppor- munity Development Financial Insti- f tunity. tutions Fund. Finally, a native of Cleveland, OH, EXECUTIVE CALENDAR—Continued Kim exemplifies bedrock Appa- Ms. Pryor has spent the majority of The PRESIDING OFFICER. The Sen- lachian values, and her deep commit- her career in the private sector, work- ator from West Virginia. ment to serving her Nation through ing with international businesses, the House of Representatives and the NOMINATION OF KIMBERLY A. REED many in the high-tech industry. More Department of Treasury is a true testa- Mr. MANCHIN. Madam President, I recently, she has served as the Vice ment to her character. I have always am very honored to offer my support President of External Affairs at the been proud to call her a West Vir- today for Kimberly Reed to be Presi- Overseas Private Investment Corpora- ginian, and I know that I and the Pre- dent of the Export-Import Bank of the tion under President Obama. During siding Officer will be proud to call her United States. I think the Presiding her confirmation hearing, Ms. Pryor the President and Chairwoman of the Officer is very proud, too. We are both expressed a commitment to particu- Ex-Im Bank. proud that the first woman to lead the larly help raise awareness of the Ex- I urge my colleagues to support Kim- Ex-Im Bank will also be the first West port-Import Bank’s financing products berly Reed to lead the Export-Import Virginian. for small businesses and community Bank of the United States. banks. As a former West Virginia small busi- ness owner, I know this is an engine for Thank you, Madam President. While it is not really being included I yield the floor. in the coverage of these nomination economic growth and long-term sta- bility and prosperity. It is truly bene- The PRESIDING OFFICER. The Sen- votes as being one of the consequences ator from Texas. of there being a lack of a quorum on ficial for those businesses to reach ECONOMIC GROWTH the Board, it is important to under- broader markets and new customers. stand another important reason to con- Rural states like West Virginia have a Mr. CORNYN. Madam President, the firm not one but all three of these lot of talent and a lot of great busi- performance of the U.S. economy is nominees. nesses, but we need to make sure these something to behold. It doesn’t matter When the Export-Import Bank was companies are hitting global markets if you measure it by the unemployment last reauthorized in 2015, Congress im- and building in sales and supporting rate, by the quarterly growth rates, or plemented a number of reforms to the more jobs here at home. by wages, virtually every sign points to Bank. However, by not confirming a The Ex-Im Bank creates jobs and a growing thriving economy. quorum of at least three Board mem- helps businesses, both big and small, to Let me emphasize some of the out- bers for the last several years, Con- sell their products overseas at no standing job numbers that came out gress has actually impeded implemen- cost—I repeat, at no cost—to the Fed- just last week. In April, there were tation of a number of its own reforms, eral Government, in addition to pro- 263,000 new jobs created—263,000—beat- which require a vote of a quorum of the viding loans and other forms of credit. ing even the most optimistic esti- Board for approval. The Bank can also help with market mates. The unemployment rate fell to These reforms include appointing a research and to identify potential buy- 3.6 percent—the lowest unemployment chief ethics officer, appointing a chief ers and distributors of products in for- rate in nearly half a century. risk officer, forming a risk manage- eign countries. It is like having your The first quarter saw a 3.2 percent ment committee, implementing new own reconnaissance team, PR team, growth, the best in 4 years. The truth guidelines to expedite small business and a sales force, everything wrapped is, the United States’ economy has loans under $25 million, and developing up into one. taken off like a rocket. an expanded medium-term program to In 2014, I invited the former Ex-Im Today we find ourselves in what finance and ensure transactions up to Bank Chairman, Fred Hochberg, to some economists refer to as a ‘‘full em- $25 million. West Virginia. Since then the Bank has ployment’’ economy, because there are We have many colleagues who have worked with 14 West Virginia busi- more job openings than there are job said there need to be reforms imple- nesses throughout the State, providing seekers. That is a remarkable place to mented in order for them to further $11 million in loans to support $18 mil- be, and I have no doubt that it is in sig- support operation of the Bank, and lion in exports. The people in West Vir- nificant part due to the pro-growth they would like to work with us on the ginia had no idea of the opportunities policies created by a Republican-led Banking Committee to pursue those re- that a small business person would Congress and the Trump administra- forms. I support reforms, too, and look have with the Ex-Im Bank. They had tion the last 2 years. forward to working with interested col- no idea how to get into foreign mar- Less than 11⁄2 years ago we passed the leagues, but we need to understand kets. They didn’t have any idea about Tax Cuts and Jobs Act. We tried to that we will need a quorum on the Ex- the collections process or the legal ex- make this a bipartisan effort, but our Im Bank to finalize them. pertise in that arena. This helped them Democratic friends wanted no part of For any previous or future congres- immensely. it. This was the first major tax over- sionally directed reforms to be imple- I know Kimberly wants to do the haul in a generation. This legislation mented, Senators need to support all same thing for our State and for small removed many of the burdens from three nominations before the Senate businesses across rural America. families, entrepreneurs, and job cre- this week in order to restore the I can state that Kim’s West Virginia ators and let the free market take the quorum necessary to implement those roots shaped her to be the leader she is wheel. reforms. today. Growing up in Buckhannon, WV, A lot of pundits and a lot of the The Banking Committee approved and graduating from West Virginia naysayers—the professional cynics— each of these nominees with broad bi- Wesleyan College and West Virginia said it wouldn’t work, but I think the partisan support earlier this year. Each University, Kim checks all of the boxes results speak for themselves. Workers

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.017 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2669 are bringing home more in their pay- my own contracting company any time each of them for the contributions they checks, and businesses are using their soon, I had a great time learning about make to our communities and to our savings to invest in their employees. this Austin franchise and getting to country. One of the most common remarks I know its employees. I yield the floor. hear from employers when I am in When I saw Josh again at our round- The PRESIDING OFFICER. The Sen- Texas is that they can’t find enough table last year, he told me he plans to ator from Pennsylvania. qualified workers for the job openings use the savings from tax reform to EX-IM BANK that exist. That is their biggest chal- grow the size of his workforce by add- Mr. TOOMEY. Madam President, lenge because of this booming econ- ing two additional installation crews later today I believe the Senate will be omy. and purchasing new equipment. considering nominations of three Board In the days and months following the For big businesses that might not members for the Export-Import Bank, signing of the tax bill, companies sound like a lot, but for small busi- and this is a very important and, I began announcing how they would use nesses like Re-Bath, it makes a world think, unfortunate development. the money that they would save be- of difference. It means they can offer Since 2015, the Ex-Im Bank Board has cause of the legislation to invest in more services and gain more business, not had a quorum. The confirmation of their employees and their business. We grow the size of their business, and pay these three nominees will change that heard from big companies like AT&T, their employees even better. It was and give them a quorum, and that mat- which is headquartered in Dallas, great to see how Joshua was looking ters for a number of reasons. Perhaps which provided $1,000 bonuses for more forward to opportunities to grow his the principle reason is that in the ab- than 200,000 of its employees, including business and I am glad this legislation sence of a quorum, such as the way we 1 more than 32,000 who live in Texas. could help make that possible. have been operating for these last 4 ⁄2 There was also Southwest Airlines, In Houston, I visited with Southland years, the Ex-Im Board cannot approve which gave all 550,000 of its employees Hardware, a store that opened in 1935. transactions without a quorum, and it a $1,000 bonus. Plus Southwest Airlines This is an old-fashioned hardware requires Ex-Im Board approval to do a donated $5 million to charity, to boot. store. You don’t see many of those any- deal over $10 million. So for these last 1 We saw headlines in the major news- more. It has been a community staple, 4 ⁄2 years, the Export-Import Bank has papers about how these and countless and it is appropriately dubbed ‘‘the been in existence and operating, but at other big companies were using their store that has ‘almost’ everything.’’ It a very much smaller level than what it savings, but the less read stories about is owned by Marty and Patricia had done previously, and what, I am local businesses in small town papers O’Brien, and they were kind enough to afraid, it will again resume. Let me explain why I oppose con- are just as important. host me and a couple of other busi- firming this quorum to the Board of This week is National Small Business nesses for a roundtable last spring. Week, an opportunity to celebrate Marty told me that because of the the Export-Import Bank. First of all, as I will explain, I think that with a small businesses that line Main Streets tax savings, they were able to provide quorum there is a very real risk that throughout America, but don’t let the bonuses and raises, hire another em- the Ex-Im Bank returns to business as word ‘‘small’’ fool you. America’s 30 ployee, and do some improvements on usual, which is a form of crony cap- million small businesses are an eco- their property. For Marty, being able italism and taxpayer subsidy of compa- nomic force unparalleled anywhere in to invest more in his business, which nies far and wide. the world. More than half of Americans was originally owned by his father-in- Historically, the fact is the Ex-Im either own or work for a small busi- law and will one day be run by his chil- Bank has used the American taxpayer ness—more than half. Small businesses dren, is no small thing. to subsidize some of the largest and are responsible for about two out of I also spent some time on the gulf best connected companies in the world, every three jobs created. coast, in Corpus Christi, speaking to including governments that are very One of the reasons my State is doing Steve Raffaele, the president of Amer- unfriendly to the United States. So I so well economically is because we wel- ican Bank. He told me the Tax Cuts want to describe my policy objections come small businesses with open arms. and Jobs Act would likely provide to the Ex-Im. I want to rebut some of It is an ideal home for entrepreneurs them with $12 million of additional the arguments that proponents of the because we believe in keeping taxes capital savings. He said that for each Ex-Im Bank make. I want to walk low and regulations at a rational min- dollar of capital saved, they are able to through a little history to remind my imum. According to the Small Business lend approximately $10 in their market colleagues about the folks who have Administration, there are more than communities along the Coastal Bend blocked what I think are very common- 2.6 million small businesses throughout region of our State. He estimated that sense efforts to make some meaningful the State of Texas, accounting for 99.8 over 5 years that equates to $120 mil- reforms. Then, finally, I do want to dis- percent of all Texas businesses. They lion of additional lending and invest- cuss a path forward. So let me walk employ more than 45 percent of the ment. Given their average loan size, through my concerns, my objections to State’s workforce and account for a that means more than 500 small busi- the way Ex-Im Bank has operated in massive portion of our State’s econ- nesses could be positively impacted. the past when it is in full-blown oper- omy. These are exactly the kind of That is a big deal for a community like ation mode and with a quorum on the folks I had in mind when I voted to Corpus Christi, but especially for one Board. pass the Tax Cuts and Jobs Act, be- so severely impacted by Hurricane Har- First of all, it has been a series of cause I knew it would lower rates for vey just about 11⁄2 years ago. risky bets for taxpayers. The Ex-Im small businesses and allow them to use Today small business optimism is at has sometimes claimed it only takes the savings to invest in their employ- a record high. I hope that small busi- risks that private lenders are unable or ees and their business. nesses across the country feel empow- unwilling to take. Well, we should stop After the legislation passed, just to ered to take their businesses further right there and ask ourselves, if pri- make sure, I traveled the State and because of these pro-growth policies. vate lenders are unwilling or unable to held roundtables with small businesses Small businesses are, as I said, the take a risk, why should taxpayers be to learn more about how they were backbone of our economy and, of forced to take that risk? Yet, at the using the savings. One of the small course, of each of our communities. same time, the Ex-Im Bank also claims business owners I heard from was Josh This Small Business Week we cele- it only makes safe bets. Well, it is im- Agrelin, whose company, Re-Bath, spe- brate the entrepreneurs and the job possible to do both. cializes in bathroom remodeling. A few creators who had the courage to take The Bank cannot take only those years ago, back in 2014, I spent a day an idea and build it into an oppor- transactions so risky that no one else with the crews at Re-Bath of Austin as tunity for themselves, for their fami- will do it and at the same time be part of the NFIB’s Small Business lies, for their employees, and for their doing only safe transactions. It is pret- Challenge Campaign. I got to try my communities. These men and women ty obvious. The fact is, Ex-Im Bank hand at tiling and remodeling a bath- are proof that the American dream is wins business by systemically under- room, and while I will not be opening alive and well, and we are grateful to pricing the risk. That is why borrowers

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.020 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2670 CONGRESSIONAL RECORD — SENATE May 7, 2019 go to the Ex-Im Bank, instead of any Bank is our economy doesn’t need the and, in the past, some of those pur- number of private lenders that would Ex-Im Bank. chases were funded through the Ex-Im not offer deals on the same terms as Now, some Ex-Im supporters would Bank, but it also doesn’t hold up if you the Ex-Im Bank. No, because they have have you believe that without the Ex- look at it the other way around. Look shareholders to answer to—Ex-Im Im Bank, U.S. exports would just col- at who, in 2014—again, the last year in Bank, not so much. lapse. Well, the reality is, U.S. exports which the Ex-Im Bank was fully func- Proponents of the Ex-Im Bank point are higher today than they were in tional—were the top recipients of the out that the Bank isn’t drawing any 2014, certainly, the last year when the Ex-Im taxpayer subsidies, who was it money from the U.S. Treasury so ev- Ex-Im Bank was fully functional. As a that was borrowing the money so they erything must be OK—not so clear. matter of fact, now, you know, 41⁄2 could make these purchases? Well, it First of all, right now we have the best years since the Ex-Im Bank was fully was all entities that have easy access economy in decades. My goodness. I functional, we have the strongest econ- to private money but some pretty sur- would hope they would not be drawing omy of our lifetime, despite the fact prising entities, nevertheless. on Treasury with an economy booming that the Ex-Im can only do tiny trans- The No. 1 borrower, the No. 1 con- the way it is. actions. This is no surprise because, sumer of U.S. taxpayer subsidies As recently as 2014, the last year in even in its heyday, Ex-Im financed a through Ex-Im Bank was Petroleos which the Ex-Im Bank was fully oper- very tiny percentage of all U.S. ex- Mexicanos, a state-owned oil company ational, the CBO report suggested that ports. Typically, it is less than 2 per- in Mexico. It is a huge company from a the Ex-Im portfolio, their loans and cent. So 98-point-something percent of really large country that can easily ac- guarantees on their books, were under- all U.S. exports managed to get sold cess private markets. water by $2 billion. Remember, we have without Ex-Im financing, but yet we Do you know who is No. 2? Kenya heard this before. Remember, Fannie are to believe that without Ex-Im fi- Airways. Kenya Airways, owned by the and Freddie, two other inventions of nancing we cannot have exports? Government of, you guessed it, Kenya. the Federal Government. They were Interestingly, even the companies Do you know who is No. 3? Air China, very profitable until they weren’t. that benefited the most from Ex-Im of all places, a totally state-owned air- Then they ended up costing the tax- Bank haven’t apparently suffered since line of a country that last time I payers $200 billion. it has been virtually closed. Consider checked is not terribly friendly to us, Another objection I have is the fact the case of Boeing. According to a but it gets worse. that Ex-Im Bank necessarily picks win- Mercatus study, Boeing was the biggest Do you know who ranks No. 4? No. 4 ners and losers in our economy. I don’t seller of exports financed with Ex-Im in terms of accessing Ex-Im financing think any entity of the Federal Gov- subsidies in 2014, the last year in which in 2014—the last year in which they ernment ought to be doing it. It is a Ex-Im was fully functional, and nearly were fully operational—according to a great deal for businesses that get the 40 percent of all Ex-Im deals by dollar study by the Mercatus Institute, the support of Ex-Im Bank, but it provides value were used to finance Boeing air- VNE Bank, state owned by the Russian an unfair advantage to beneficiaries craft. Government, by the way, under sanc- over companies that do not get that Now, the Ex-Im proponents often ar- tions now for bad behavior they have support. In the process, it can destroy gued that companies like Boeing would engaged in. So all four of these are jobs. This isn’t just hypothetical; this take a huge hit without a fully func- state owned in States that have easy is real. This has happened, and we tioning Ex-Im. Instead, Boeing has con- access to plenty of private lending, but, know it because we have heard testi- sistently had record deliveries and of course, they go to Ex-Im because Ex- mony. We have seen examples. One fa- multiyear back orders since Ex-Im Im will offer them a better deal, a sub- mous such example is a case where Air stopped doing deals that would finance sidized deal. India, the national airline of the coun- Boeing aircraft. In fact, during the No. 5 is a good one too. No. 5 is not try of India, used Ex-Im Bank financ- years that Ex-Im Bank has been vir- a state-owned company. No. 5 is Roy ing to subsidize its purchase of Boeing tually closed, Boeing has recorded Hill mining. Royal Hill Holdings owns jets. That is very nice for Air India be- record sales. mining. It is not state owned. Instead, cause they get lower cost financing on In late 2018, prior to the recent prob- it is owned by the richest woman in their biggest ticket item, the jets they lems they have had with one category Australia, a multibillionaire. Are we to fly. They were able to lower the fares of aircraft, the Wall Street Journal re- really presume that she cannot arrange they charge on flights from New York ported that Boeing suppliers could not for financing for part of her enormous to Mumbai. That is great if you are Air keep up with the huge demand for Boe- conglomerate? Really, the richest India. It is not so great if you are Delta ing aircraft, despite the fact that no- woman in Australia? She is probably a Airlines, an American company that body could finance an aircraft from really lovely woman. This is not a crit- employs Americans and happens to Boeing through the Ex-Im Bank. Now, icism of her; it is a criticism of us. We compete on that exact same route, but why? Why is that? How could that be? are going to allow U.S. taxpayers to Delta could not get access to Ex-Im fi- It is because Boeing was making great take more risks underpricing and fund- nancing to buy its Boeing jets. Why products; demand was strong; and ing acquisitions by some of the richest would we do a thing like that, have there is plenty of private capital avail- people in the world and countries that taxpayers subsidizing a foreign airline able to finance great products being are downright hostile to us. that is competing directly against a used for very productive purposes. Of course, all of these governments U.S. airline? That is the kind of thing I think Boeing is proof that the Ex- and all of these companies can finance Ex-Im does. There is also a history of Im Bank wasn’t acting as the lender of their acquisitions privately, but who waste, fraud, and abuse. last resort, filling in where private would not take a U.S. taxpayer subsidy Ex-Im Bank has not been very well markets could not or would not. Ex-Im if it is offered to you? The question is, run for a long period of time. Over Bank was acting as the lender of first Why are we OK with that? How can it many years, there have been a number resort, crowding out the private sector be OK to force American taxpayers to of issues raised by the Office of the In- lenders. As soon as the Ex-Im Bank’s take a financial risk for these entities, spector General. Ironically enough, funding was constrained so it would state-owned companies, including supporters of Ex-Im Bank have blocked not fund aircraft, well, private money those owned by China and Russia? It is my efforts to get a new inspector gen- came flooding into the market. Yet we unbelievable. eral confirmed. Makes you wonder, still have proponents argue that Ex-Im My concern is, if we restore a quorum why do these proponents not want an Bank is the lender of last resort, steps later today, we are going to go right inspector general on the job inspecting in when private financing is unavail- back to this because we haven’t en- the practices of the Ex-Im Bank? In able, but, again, no matter how you acted any reforms. We haven’t insisted 2015, an employee pled guilty to accept- look at it, this just doesn’t add up. It on any reforms as a condition of rees- ing bribes to push unqualified loan ap- doesn’t add up in the example of Boe- tablishing this quorum. plications. Maybe one of the most fun- ing, when we look at an American We hear sometimes from the pro- damental reasons I object to the Ex-Im manufacturer that sells its products, ponents that we just have to have Ex-

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.022 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2671 Im funding because it has to level the about having a mutual negotiation to without first implementing the re- playing field. China has an export sub- phase these out, right? Well, the forms, and that is backward. sidy bank. They have used that aggres- Obama administration did absolutely I appreciate the conversations I have sively, and so we ought to emulate the nothing about it, and we have a lot of had with Kim Reed, and I trust that Chinese so we will have a level playing trade talks going on right now under she actually sincerely does want to im- field. this administration. I have not heard plement some of these reforms. I hope Well, among the unbelievable ironies one word about encouraging a wind she can. I look forward to working with in this whole story, guess who is a big down of everybody’s mutually unfortu- her to make sure that if we do, in fact, recipient of U.S. Ex-Im subsidies? It is nate export subsidy vehicles. go through a reauthorization process, the Chinese export bank. You cannot That brings me to the history of the it codifies the reforms that require make this stuff up. That is a fact. It is nomination. A while back, President codification. But I feel very strongly not just Air China. It is not just the Trump nominated Scott Garrett, a that we are doing this backward. That state-owned airline. very well qualified, bright, and capable is the reason I am going to vote In 2014—again, the last year in which guy, and an avowed reformist. He was a against all the nominees today. Ex-Im was fully operational, which ap- skeptic about Ex-Im Bank but was The Ex-Im Bank, unreformed, is an parently they are going to return to— committed to executing his respon- example of crony capitalism that puts there were 17 transactions where the sibilities as President under the char- U.S. taxpayers at risk and subsidizes primary borrower is the Export-Import ter and under the law but was going to some pretty unsavory characters. I am Bank of China. insist on reforms. pretty disappointed that we are moving So here we are, we are funding the By the way, had Scott Garrett been ahead with this today. I hope that at Chinese export bank, which we cite as confirmed, Ex-Im would probably be up least we will be able to codify the nec- the reason we need an export bank. It and running now. But the proponents essary reforms in the reauthorization. is unbelievable. of the Bank didn’t want the reforms, I yield the floor. In 2014, the Ex-Im Bank also funded a apparently, so they scratched Scott The PRESIDING OFFICER (Mr. ROM- deal with Huawei, which we have all Garrett’s nomination. NEY). The Senator from New Mexico. come to appreciate is a very significant Despite that, I continued to try to VIOLENCE AGAINST WOMEN ACT national security threat to the entire find a reasonable way forward. One of Mr. UDALL. Mr. President, thank Western world, especially the United the things I proposed was confirming you for the recognition. It is good to States. Of course, what more can you Kim Reed as President. Let me say a see you today. say about subsidizing Russian- or word about Kim. I think she is a very I am going to be joined by a number state-owned businesses? There were capable person. She is very intelligent, of my Senate colleagues to talk about multiple deals back in 2014 where the very knowledgeable, and has a terrific reauthorization of the Violence Against Women Act. We have many Ex-Im Bank funded Russia. I already reputation and great integrity. My pro- who are very concerned that we need to mentioned VNE Bank, now sanctioned, posal was to confirm Kim Reed because move this reauthorization, so they will and two deals with Spur Bank, also she has committed to the kinds of sanctioned. be joining me here today. meaningful reforms the Bank needs. The first chart we are putting up In any case, I think this whole argu- She and I and my staff walked here is of Hanna Harris, who is a mem- ment, that if some other country is en- through six very specific categories of ber of the Northern Cheyenne Tribe. gaged in this behavior, therefore, we reform. We did that privately in my of- Here she is with her son just months have to—I think that is a really weak fice. We did that publicly at the Bank- before she was brutally murdered on argument. Think of all the things the ing hearing. We talked about adding the Northern Cheyenne Reservation. Chinese Government does, intellectual transparency to how the Ex-Im Bank Hanna was all of 21 years old, and her property theft, forced technology operates. We talked about taxpayer son was only 10 months old. We now transfer, bribery, and corruption. As a protections that would be implemented honor Hanna and all murdered and in- matter of fact, in Malaysia, the pre- to reduce the risks taxpayers currently digenous women and girls each year on vious corrupt Government of Malaysia take. We agreed that we should move Hanna’s birthday, May 5, as a national stole billions of money from an invest- in the direction of protecting domestic day of awareness. ment fund, and China offered to use companies, such as the example I gave It is fitting to remember and honor their Ex-Im Bank to help cover up the where Delta was put at a competitive these women and girls, and it is crit- graft, which indirectly we were facili- disadvantage against Air India. We ical that we understand the magnitude tating by doing transactions with that agreed we should encourage private fi- of violence that Native women face. Chinese Ex-Im Bank. I trust that sup- nancing to be first in line rather than Eighty-four percent of Native women porters of the Bank do not want the the Ex-Im Bank. We agreed that we have experienced violence in their life- U.S. to emulate all of these kinds of should be cracking down on any bad ac- time. That is four out of five. In some nefarious activities. I am sure they do tors. We also agreed that there should Tribal communities, Native women are not, but the same argument could be a mutual reduction in reliance on murdered at rates more than 10 times apply. credit export agencies globally. the national average—10 times. One So with all of these concerns in mind, On that basis, I was willing to con- out of three Native women has been I have been advocating for reform of firm Kim Reed and give her a chance to raped. the Ex-Im Bank since joining the Sen- implement some of these reforms and Behind these statistics are thousands ate. Let me be clear. I would rather not prove they are actually being imple- of faces, thousands of lives disrupted, have an Ex-Im Bank, but if we are mented, at which point I would support shattered, and cut short—faces like going to have one, and if we are going restoring a quorum so that a reformed that of Ashley Loring Heavy Runner. to reconstitute a Board and allow them Ex-Im would be back in business. But This is a photo of Ashley. Ashley was to do large-scale business, I think, at a that deal was blocked by proponents of an outgoing 20-year-old Native college minimum, we ought to make some sen- the Ex-Im Bank here in this body. It is student during the summer of 2017 sible reforms. Unfortunately, pro- very hard to conclude anything other when she went missing on the Black- ponents of Ex-Im Bank in this body than that those folks never want these feet Reservation in Montana. Last De- and in the other body have blocked al- reforms to take place. cember, I heard firsthand about the most every effort to do so. One small I am still open to working with the devastating impact of Ashley’s dis- reform that many of us have been new President when she is confirmed, appearance when her sister, Kimberly clamoring for, for years, would be to and the new Board. We have a reau- Loring Heavy Runner, came before the have the administration, whatever ad- thorization that is presumably on the Indian Affairs Committee to ask Con- ministration, work to pursue a mutual agenda for later this year. But I am gress to take action. Kimberly told us: disarmament. The argument that we going to oppose all the nominees today We are going missing, we are being mur- hear most frequently is we need Ex-Im because we are going ahead and putting dered. I am here to stress to you . . . we are Bank because other countries have ex- the cart before the horse. We are re- loved and we are missed. We will no longer port-subsidizing banks. Well, OK, how opening Ex-Im Bank on a full scale be . . . invisible people . . . we have worth.

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.023 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2672 CONGRESSIONAL RECORD — SENATE May 7, 2019 That is Kimberly talking. must be closed to stop violence against lative graveyard, not when women’s By the end of 2017, the FBI had iden- Native women. Tribes have identified lives are literally at stake. tified 5,600 additional cases of missing four changes Congress must make to Friends, we must all agree it is long Native women and girls. This number hold violent offenders accountable. past time to address violence against is likely a very, very severe First, Tribal jurisdiction under women in Indian Country. I urge this undercount. This crisis is devastating VAWA doesn’t extend to domestic vio- body to reauthorize VAWA and pass Native families across the country. It lence against children. If a Native child the Native Youth and Tribal Officer is unacceptable. is caught up in the violence, as is too Protection Act and Justice for Native Just last week, the Senate passed a often the case, Tribal law enforcement Survivors Act. Let the families of resolution remembering murdered and can’t prosecute the offender. We have Hanna and Ashley and thousands of missing indigenous women and girls, to change that. other missing and murdered Native and I thank Senator DAINES and other Second, VAWA applies only to do- women know that they are not invis- Republicans for sponsoring this bipar- mestic violence. It doesn’t apply to ible, that they have worth, and that tisan resolution. Now we must make general cases of sexual assault, sex they deserve justice. good on those words. We must walk the trafficking, or stalking. Like other I mentioned earlier that 16 U.S. at- walk. We must take bipartisan action types of violence, Native women face torneys, both Republican and Demo- to end the cycle of violence, and we higher levels of sexual violence than cratic, wrote to us about the Native should start by reauthorizing the Vio- other women in the United States. In Youth and Tribal Officer Protection lence Against Women Act and fact, of the Native women who have ex- Act. They wrote very eloquently about strengthening provisions to protect Na- perienced violence, 56 percent have ex- what the situation is that we face tive women. perienced sexual violence. Yet VAWA I have been a strong proponent of today. These are U.S. attorneys who 2013 didn’t cover the entire range of prosecuted in States that have Tribes. VAWA from the beginning, and I sexual violence directed toward Native pushed hard for the law’s passage in They were trying to do everything they women. Congress must fix this. could to bring justice to these situa- 1994 when I was New Mexico’s attorney Third, VAWA 2013 wasn’t clear general. But it became clear early on tions. Their letter of support for S. whether Tribes have jurisdiction over 2233, the Native Youth and Tribal Offi- that VAWA’s provisions weren’t reach- attempted domestic violence. If a per- ing Tribal communities because of the cer Protection Act, reads of some of petrator swings at his spouse and the things here that I am going to Tribal jurisdictional maze put in place misses, there is no crime until the next by a 1978 U.S. Supreme Court decision. quote, which, I think, make very, very time, when he lands a punch. We must poignant points about why we should In Oliphant v. Suquamish Indian fix this loophole or Native women will Tribe, the Court held that Indian take up this legislation and pass it im- continue to be at risk. mediately. Tribes cannot exercise criminal juris- Finally, VAWA doesn’t cover crimes The Supreme Court’s 1978 decision in diction over non-Indians who commit committed against Tribal law enforce- Oliphant v. Suquamish severely limits crimes on reservations. This ruling un- ment officers charged with responding Tribal nations’ ability to prosecute dermined the sovereign right of Tribes to domestic violence. If an officer is re- crimes committed against Indians by to enforce the law on Tribal lands. It sponding to a domestic violence case undercut public safety in Indian Coun- non-Indians. Congress removed Federal and he or she is assaulted, they aren’t try, and it let violent offenders escape limits on the inherent authority of covered under the law, so that needs to prosecution. Tribal governments to prosecute the An astounding number of violent be fixed. Domestic violence calls, as all of us non-Indian domestic violence offenders crimes against Native women on res- know, are some of the most dangerous in the 2013 followup reauthorization. ervations are committed by non-Indi- law enforcement responds to. Police of- Under current law, the Tribal justice ans. According to the National Insti- ficers, including Tribal officers, are as- system has arresting and prosecuting tute of Justice, 97 percent of Native saulted when responding to disturbance authority over a non-Indian domestic women who experience violence in violence offender, but it has no re- their lifetime have been victimized by calls more than in any other cir- cumstance. Yet Tribes can’t protect course if that same offender commits a non-Indian perpetrators. crime against the responding Tribal While Tribal authorities’ hands were their own officers. These gaps in VAWA undermine the very purpose of the law public safety officer. tied, Federal law enforcement authori- U.S. attorneys’ offices with jurisdic- ties weren’t addressing these cases ei- and put children, women, and police of- ficers at great risk. We must remedy tion often decline to prosecute a non- ther. Investigations were not pursued Indian who commits a violent crime on because the crimes took place in re- this. Tribal lands. The absence of Tribal mote locations. Federal prosecutors de- Senators MURKOWSKI, SMITH, and I criminal jurisdiction over some non-In- clined to prosecute cases. Crimes have introduced the Native Youth and dian perpetrated crimes and low Fed- against Native women and children Tribal Officer Protection Act to ensure eral prosecution rates for those crimes were pushed to the back burner. The Tribes can exercise jurisdiction to contribute to the high rates of violence inability of Tribes to protect their own prosecute crimes against children and against Native people, particularly members was an inexcusable hole in Tribal officers and attempted domestic women and children who live on Tribal the law. violence. The bipartisan bill is sup- By the time the Senate took up ported by 16 former U.S. attorneys ap- lands. VAWA reauthorization in 2012 and 2013, pointed under Republican and Demo- Due to the experiences of the letter’s we could no longer ignore Oliphant. We cratic administrations and the Indian signatories—the 16 former U.S. attor- could no longer ignore that Oliphant Law and Order Commission, a body of neys, Democratic and Republican— left Native women at risk. In the Sen- Tribal public safety experts established they say public interest, safety, health, ate, I fought to restore Tribes’ author- under the bipartisan Tribal Law and and welfare all support the concept ity to provide for the safety of their Order Act. We have also introduced the that, if possible, crimes committed on members, and we ultimately reinstated Justice for Native Survivors of Sexual Tribal lands should be prosecuted by their authority to prosecute anyone Violence Act, which makes sure that the presiding Tribal government. These who commits domestic violence on a Tribes have authority to prosecute sex- former U.S. attorneys support the goal reservation through VAWA 2013. Since ual assault, sex trafficking, and stalk- of this legislation—to restore Tribal ju- then, 18 Tribes have begun exercising ing crimes. risdiction over crimes that have been jurisdiction over domestic violence The House of Representatives already committed against Tribal police offi- crimes. There have been 143 arrests of passed these measures last month on a cers and children citizens of the Tribal 128 violent offenders with 74 convic- bipartisan basis as part of the Violence nations. tions to date. This is a real step in the Against Women Act Reauthorization of The need for Tribal jurisdiction over right direction. 2019. It is now our turn to take action. crimes against Tribal law enforcement With time and experience, Tribes We cannot allow this bill to be buried is absolutely clear here. Under VAWA have seen there are still gaps that in the majority leader’s so-called legis- 2013 Tribal jurisdiction, Tribes cannot

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.025 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2673 hold defendants accountable for vio- the floor. She is a very active member which to prosecute crimes, women lence against officers who are enforc- of the Indian Affairs Committee. I across Indian Country are dying and ing the law. This leaves arresting offi- know she cares passionately about disappearing, and far too many of their cers, court bailiffs, and corrections of- these missing and murdered indigenous cases go unreported, unsolved, or un- ficers vulnerable. The Eastern Band of women and children. I would ask to touched by law enforcement. Cherokee Indians is an example of the have a colloquy with Senators who This is unbelievable. We must act. injustice here. It had one non-Indian show up, but I will be here on the floor. Yet there is no targeted Federal plan defendant who had hit and strangled So don’t worry. or strategy to address this epidemic his girlfriend and, while in jail, had I yield the floor. even as it becomes increasingly clear stricken the correctional officer who The PRESIDING OFFICER. The Sen- that we are failing to uphold our trust had been holding him after his arrest. ator from Nevada. responsibility and, even more so, that He had threatened to come back and— Ms. CORTEZ MASTO. Mr. President, we are failing Native women and their this is his language—shoot up the res- let me say to my colleague, the rank- families. ervation. The Tribe referred the as- ing member of the Senate’s Indian Af- As former Nevada attorney general, I sault and threat to Federal prosecu- fairs Committee—with whom, by the have heard directly from survivors, tors, who ultimately dismissed the way, I know I have 2 more years—that family members, Tribal leaders, and charges. I am so going to miss working with law enforcement about the need for im- If we pass this legislation that has him. I appreciate his passion, particu- mediate action and Federal support to come over to us from the House, the larly on days like today on which he is address violence in Native commu- Tribes in this circumstance would have highlighting issues that affect so many nities. Congress must take concrete ac- the ability to step in and do something of our communities across this coun- tion to help support the Tribal govern- about this. They don’t have any option try, particularly when it comes to our ments, organizations, and law enforce- today. If they get a declination, if Tribal communities and Native com- ment members who are on the there will be no action taken on the munities. frontlines every day. Federal side, they will not have the Thank you for always being at the The House of Representatives has al- ability to deal with crime and violence forefront, my friend. ready taken an important first step on their reservation. This past Sunday, many Americans this year by reauthorizing the Violence Let me talk a little bit about the joined thousands of survivors and sup- Against Women Act. This legislation need for Tribal jurisdiction over crimes porters in solidarity across the country will protect Native women from the ef- against children. Fifty-eight percent of to honor the National Day of Aware- fects of domestic violence, which is an incidents reported by the imple- ness for Missing and Murdered Native early indicator of nearly half of all menting Tribes involve children. Ac- Women and Girls. Organizers hosted murder cases involving women nation- cording to the Department of Justice, rallies and benefit runs; communities wide. I know it will have a positive im- Native children suffer exposure to vio- honored loved ones lost; and supporters pact because, as attorney general, I lence at rates that are higher than any posted on social media with the saw the impact it had on our Tribal other peer group in the United States. hashtag #NotInvisible. For many, this communities in the State of Nevada. The Pascua Yaqui Tribe, which was one was a day to raise awareness about the The reauthorization of VAWA also of the first five Tribes to implement alarming number of murdered and gives Tribal governments additional the VAWA 2013 authority, identified at missing indigenous women, but for our and much needed jurisdictional power least 38 children involved as witnesses Tribal communities, a day of aware- to directly address violent crime and victims with its VAWA 2013 cases. ness only scratches the surface of what Clearly, when there is a domestic vio- against Tribal members on reserva- is needed to address this epidemic. lence incident, one of the things that tions. Indian Country needs action. That needs to be done by law enforcement is My Democratic colleagues and I are starts right here in this Chamber, and with regard to a woman’s being as- committed to fighting for the full reau- it can start today. Right now, the Sen- saulted in the presence of a child. You thorization of the Violence Against ate is considering three pieces of legis- should allow the prosecuting authori- Women Act and especially for the im- lation—the reauthorization of the Vio- ties to take that into consideration portant criminal jurisdictional expan- lence Against Women Act and my bi- and make it a part of the charge. With sions it gives Tribal law enforcement the law we have today, that is not al- partisan bills, Savanna’s Act and the to help get violent offenders off the lowed. So children are not protected. Not Invisible Act—which will help to streets. In another example, of the defend- combat this crisis. Passing these bills We can’t stop there. We need to shine ants and perpetrators who are known is critical in protecting the lives of Na- a light on the staggering number of violent and criminal offenders, many tive women and girls. missing and murdered indigenous defendants had run-ins with Tribal po- The numbers speak for themselves. women and girls and ensure that we lice for violence or criminal activity More than 80 percent of Native women understand the full scope of the prob- prior to getting arrested. For example, will experience physical, sexual, or lem. That is why, with my colleague the Tulalip Tribe in Washington re- psychological violence in their life- Senator LISA MURKOWSKI, I have also ported that the 70 defendants it pros- times, often in the form of domestic or introduced Savanna’s Act and the Not ecuted by using its VAWA 2013 author- intimate partner violence. One in three Invisible Act—both bipartisan bills. ity had had a total of 171 contacts with Native American women has been They are designed to work to directly Tribal police prior to their arrests. A raped or has experienced an attempted combat the crisis of missing, murdered, Tulalip Tribal member was assaulted rape, and murder is the third leading and trafficked Native women, and they and raped by the father of her chil- cause of death for Native women and will give our law enforcement and com- dren—a non-Indian who had had 19 girls. In addition, Native American munities the support they need to pro- prior contacts with the Tribal police. women who experience sexual or do- tect our Native women and girls. These VAWA 2013 allowed the Tribe to arrest mestic violence are far more likely to bills help in stopping cases from falling and successfully prosecute the man. fall victim to sex trafficking. through the cracks. This is a good example of how VAWA Even more distressing is the fact Specifically, Savanna’s Act works to 2013 has worked, but in all of these cir- that we likely don’t know the full ensure that Indian Country has access cumstances I have talked about, we scope of the problem because of under- to accurate, up-to-date crime databases need to demand it—whether it is with a reporting. In fact, nearly half of the so State, local, and Tribal law enforce- law enforcement officer who is as- Tribal law enforcement agencies sur- ment can implement guidelines for re- saulted in the course of enforcing the veyed believe human trafficking is oc- sponding to relevant criminal cases. law or whether it is with a child who is curring on Tribal land beyond what has The Not Invisible Act ensures the a part of the circumstances that in- been brought to their attention. Be- Federal Government works across volve the prosecution. cause of a lack of coordination with Agencies to best use its resources when I see that my good friend Senator Federal Agencies and because of sparse addressing violence against Native CATHERINE CORTEZ MASTO is here on resources and limited jurisdiction in women while recognizing the unique

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.026 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2674 CONGRESSIONAL RECORD — SENATE May 7, 2019 challenges that are faced within Tribal olence in Tribal communities through ‘‘Family of missing Native woman communities. The bill also creates an VAWA. demands answers in Wapato.’’ advisory committee to examine ways I know that because I actually In Yakima County: to reduce violent crime, sexual assault, chaired the Domestic Violence Preven- A year after her body was found, officials and trafficking in Tribal communities. tion Council in the State of Nevada. On are now officially calling the death of this These bills, along with the reauthor- my council—which, as the attorney young woman a homicide. ization of the Violence Against Women general, came through my office—there A year after. Act, are critical to keeping Native were Tribal members. I also know that In Toppenish: women and girls safe. the VAWA funding that comes into the 16-year-old . . . disappeared after Christ- My home State of Nevada is home to State of Nevada came through my of- mas Eve in 1971. Her sister refuses to give up many Tribal communities. These com- fice as the attorney general. So we the search. munities are full of mothers, daugh- made sure that all of our communities Those are just a few of the headlines ters, sisters, and friends whose lives that were impacted by domestic vio- that have appeared in news outlets in are vibrant and full of potential. I will lence in particular—any type of vio- Washington State within just the last not let these women become statistics. lence—had the benefit of this money few months highlighting the scope of It is time to take action, and I am that was coming in. the crisis of missing and murdered in- committed to doing all I can in the I can guarantee you, working with digenous women and girls in our com- Senate to fight for justice for Native my Tribal communities as attorney munities. American women and girls. general, it was a benefit. That is why I For far too long, our Nation has ig- I yield the floor. am fighting now for that reauthoriza- nored or misclassified the terrible sto- The PRESIDING OFFICER. The Sen- tion and that funding to continue for ries of violence against women and ator from New Mexico. our Tribal communities. There is no girls in Tribal communities, who have Mr. UDALL. Mr. President, I thank doubt in my mind that I saw the bene- been reported missing or murdered at Senator CORTEZ MASTO for her talk fits in Nevada, and we can see that now much higher rates than their non-Na- today. I can tell that she is very pas- across the country. I am really kind of tive counterparts or, worse, not re- sionate about this issue. Both of us baffled why it is not in this provision ported at all. were State attorneys general from here. This really should be a bipartisan It is a crisis that is particularly sa- Western States. We have significant issue that we all focus on. lient in Washington State, which ranks Native American populations, and we So that is my fight. I have seen the second among States with the highest are very familiar with the jurisdiction benefits, and I know the impact it has number of reported cases of missing issue. on our Tribal communities. and murdered Native women. Even I have seen Senator CORTEZ MASTO Let me just say this: We need to ad- worse, Seattle ranks No. 1 among cities question many times in the committee dress any type of violence in our Tribal with the highest number of cases. But on the issue of jurisdiction. And what I communities. And I thank you for it isn’t just Seattle; it is the Yakama am talking about there—you have highlighting this because it is not just Nation, Spokane, Tacoma. The epi- Tribal jurisdiction, and then you have the domestic violence; it is the issue of demic of missing and murdered Native Federal jurisdiction, and many times missing and murdered Native women women isn’t an urban problem or a there is some State jurisdiction. So and girls. My concern there is, we do rural problem. It is not an issue just when the Supreme Court in 1978 came not have enough data that tells us for western Washington or eastern out with a ruling in the Oliphant case, what is going on. The data we do report Washington. This is an alarming trend they created a big hole, and for almost at the Federal level is underreported. I that is devastating communities every 30 years, there was a zone that really know the last data that we had was in day throughout Washington State and wasn’t being prosecuted. Senator COR- 2016. That showed about 5,700 missing across the country, one for which Na- TEZ MASTO is very familiar with this. Native girls and women. That is under- tive women and girls are paying the ul- Because of that, we had kind of a situa- reported. But what we don’t know is timate price. tion in Indian Country where, without why they have gone missing. Now, thanks to the determination of enforcement, I think some of this vio- I have worked very hard to address Native women who have spent years lence grew. sex trafficking prevention in the State raising their voices to bring attention I am sure that ever since Senator of Nevada. This is happening across the to this tragic pattern of injustice, we CORTEZ MASTO has been in law enforce- country. There is no doubt in my mind are beginning to develop the tools and ment, she has seen this problem and that some of these Native women and resources we need to combat this epi- advocated for changes to it, and we girls are victims of sex trafficking, but demic. have seen dramatic changes with we do not know it because of the chal- I am very grateful for Native leaders VAWA 2013, which allowed prosecution lenges in capturing that data and then and organizations like the Seattle In- to take place. I don’t know whether doing something about it at the Fed- dian Health Board, which last Novem- any of Senator CORTEZ MASTO’s Tribes eral level. That is what I am fighting ber released a landmark new report— within Nevada took cases and initiated for. That is what my colleague from the first of its kind—on the crisis of things, but I think that across Indian New Mexico is fighting for. missing and murdered indigenous Country, it is fair to say that there was I so appreciate the opportunity to women, collecting important data and very, very extensive effort. I think talk about this on the floor today. insights. It is a major step toward re- there have been a number of arrests— The PRESIDING OFFICER. The Sen- moving a significant barrier that has 143, I think; 74 convictions—and things ator from Washington. burdened efforts to end the decades- have really been moving along. Mrs. MURRAY. Mr. President, I, too, long epidemic, but there is so much Has that been your experience in want to thank the Senator from New more we need to do to keep Native terms of watching what has happened Mexico for organizing today’s effort on women and girls safe and seek justice. both at the State level and the Federal this very important issue. As important as it is to bring aware- level since 2013? Have we been making I rise today to join my colleagues in ness to this devastating crisis, more some progress here? really shining a spotlight on a crisis than awareness, we need action. Con- Ms. CORTEZ MASTO. Mr. President, that has brought terror and pain to gress has to wake up to the crisis af- to my colleague from New Mexico, ab- Tribal communities across my home fecting Native women and recognize solutely. Let me just say I was attor- State of Washington and the Nation for the Federal Government’s responsi- ney general in 2013 when you reauthor- far too long. It is an alarm that has bility and role in ending it, and that ized VAWA and you included the Tribal been sounding, actually, for genera- includes improving and reauthorizing provisions in there. There are about 27 tions and one that has impacted lit- the Violence Against Women Act—a Tribal reservations and communities in erally countless families, robbing them critical law which for years has worked the State of Nevada, and I can guar- of their mothers and grandmothers, to help communities decrease assaults antee you they were beneficiaries of their sisters, their aunts, their daugh- against women and girls and which Re- what you did to prevent and address vi- ters. publicans let lapse earlier this year.

VerDate Sep 11 2014 23:28 May 07, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.027 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2675 This law has long garnered bipartisan Red Lake and White Earth to Bois Against Women Act and passing this support. In fact, we were able to come Forte, Mille Lacs, and Prairie Island— legislation as soon as possible. together just 6 years ago to pass an who speak of violent crimes on their Any reauthorization bill must in- even stronger version of the law that land, including the crisis of missing clude strong Tribal protections, such strengthened protections and resources and murdered indigenous women. I as our Justice for Native Survivors for our Tribal communities. I know hear from some of these leaders about bill, so that survivors can begin to heal there are champions for this issue on how they are unable to take action and we can prevent violence from hap- both sides of the aisle, Members who against the nonmember offenders who pening in the first place. Survivors and have listened to Native voices in their are committing these crimes. families of victims deserve this at the own States and understand why we According to the National Institute very least. have to equip Tribal communities with of Justice, 84 percent of Native women I yield the floor. the tools and resources they need to have experienced violence in their life- The PRESIDING OFFICER. The Sen- protect Tribal members and hold oth- times—84 percent—and over half of Na- ator from New Mexico. ers accountable when they cause harm tive women and more than one in four Mr. UDALL. Mr. President, thank or bring violence. There is no excuse to men have experienced sexual violence. you for the recognition. I just want to not get this done. We have done it be- Among those, almost all—96 percent of say to my colleague from Minnesota fore; we can do it again. women and 89 percent of men—were that we very much appreciate her ef- Now that VAWA has passed the victimized by a non-Tribal member. forts on the Senate Indian Affairs Com- House, know that I am going to keep Few of these survivors end up seeing mittee. She has been a great member of working with my colleagues to push justice because what is happening is the Senate Indian Affairs Committee. the Senate to get it over the finish that the Federal Government is failing On all of these issues that are so press- line. In the meantime, I and others will to address the scourge of violence ing, whether it is violence or the lack continue lifting up the stories of Na- against Native communities. of education or budgets that aren’t tive women and girls, as well as Tribal Raising awareness of this crisis is im- adequate to support so many activities leaders and members. portant, and that is what we are work- out in Indian Country, she has just As a partner to Washington State’s ing to do today, but there are several been a terrific advocate. I know that Tribal communities here in the Senate, bipartisan measures in the Senate that she has followed this issue very closely I am going to keep fighting to would take significant steps to address in the years she has worked in govern- strengthen Federal support for Tribal it. We must take action, and I am here ment. priorities and listening to Native today to talk about some of the things One of the things that is really clear voices as well, as we all work together we can do. is we have given the Tribes an oppor- to end the tragedy of this senseless epi- In April, the House passed a Violence tunity—and I know Senator SMITH demic. Against Women Act reauthorization knows this very well—to undertake law I yield the floor. bill with many strong Tribal protec- enforcement in their communities as a The PRESIDING OFFICER. The Sen- tions to address the crisis of missing result of VAWA 2013. Now is our chance ator from Minnesota. Ms. SMITH. Mr. President, I rise and murdered indigenous women, in- to improve upon that, to lower the today to urge my colleagues to take cluding my bill, with Republican Sen- level of violence in Native American action to address the crisis of missing ator LISA MURKOWSKI, to help Tribes communities. and murdered indigenous women and seek and get justice for their members I yield to the Senator to talk about girls in this country. It is a crisis that and for survivors. what she has seen as a State-elected of- we need to address now, and we can do Our bill, which is called the Justice ficial—again, just as a citizen in Min- this in the Senate by updating the Vio- for Native Survivors of Sexual Vio- nesota—to make sure that laws that lence Against Women Act, which ex- lence Act, expands upon the landmark have been passed are working well and pired earlier this year. special domestic violence jurisdiction working better, and there is a lot more I would like to thank my colleagues granted to Tribes during the last re- we need to do. who have been able to join with us write of the Violence Against Women I yield to Senator SMITH from Min- today to speak on this important topic Act in 2013. nesota. led by Senator UDALL, and it is wonder- Our bill would allow Tribes to pros- The PRESIDING OFFICER. The Sen- ful to be here today with Senator MUR- ecute cases of sexual assault, traf- ator from Minnesota. RAY as well. ficking, and stalking, among other Ms. SMITH. Mr. President, first, I Last month, I had an opportunity to crimes of sexual violence, against non- just want to say, as Senator UDALL lead a roundtable at the Minnesota member offenders. Think about what knows, I was born in New Mexico, so I State Capitol to discuss the crisis of this means today. If you are a non- have a strong affinity for his wonderful missing and murdered indigenous member and you commit a crime of State, my home State—my original women. This is a crisis that affects sexual violence against a Tribal mem- home State—and I learned so much Tribal nations all over my State, as ber, the Tribe, which is often in the about the amazing cultural assets of well as urban indigenous communities. best position to follow up on, inves- indigenous people and Native American I was there with Lt. Gov. Peggy Flana- tigate, and prosecute that crime, is people in the Southwest. gan, who is the highest ranking Native currently unable to do that. When I moved to Minnesota and I had woman elected in an executive branch The bill that I am working on with an opportunity to get to know Min- role here in the United States. It was Senator MURKOWSKI would fix that nesota’s 11 sovereign Tribal Nations, wonderful to be there with her and all problem in the Violence Against that was sort of my foundation for that of the advocates who were present as Women Act. Without this jurisdiction, work. When I became aware of how Na- well. Tribes are unable to pursue charges tive women, who were so often the vic- At the roundtable, I heard about sur- against all offenders who commit tims of sexual violence, are literally vivors who have experienced traf- crimes of sexual violence on Tribal invisible in the criminal justice sys- ficking and sexual violence who feel in- land. Instead, those offenders go large- tem, I was just really horrified. visible. I heard from Native advocates ly unpunished, as Federal courts fail to First, notice this: As Senator UDALL and families of victims who feel they investigate or to prosecute these and I were talking about this issue are not being listened to by local law crimes. Passing our bill would go a with many others in the Indian Affairs enforcement, and they also understand long way toward deterring violence Committee, I became aware that there that there is a lack of knowledge about against Native women in Indian Coun- are thousands and thousands of women cultural and traditional practices that try and holding offenders accountable who have been reported missing, yet is impeding the efforts to end this cri- when it happens. the Justice Department has on their sis and to get help and healing to Na- I call on the Senate to take bold ac- big list only about 100 of them. Lit- tive women who have been victimized. tion to address the crisis of violence erally, these women are invisible. In Minnesota, I hear time and again against Native communities by taking In the roundtable that I had with from leaders of Tribal nations—from up the reauthorization of the Violence Lieutenant Governor Flanagan last

VerDate Sep 11 2014 01:21 May 08, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.029 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2676 CONGRESSIONAL RECORD — SENATE May 7, 2019 week and in other conversations I have Mr. TESTER. All right, I will. Look, can’t keep waiting around for the Sen- had, I have heard personal stories so this is an issue that is critically impor- ate to actually do its job and legislate. many times of women, like Savanna tant to this country. I think when peo- We need to act, and we need to pass the Greywind, who are murdered in terrible ple hear about it, they are astounded Violence Against Women Reauthoriza- and violent ways and don’t end up because this is a crisis we don’t hear tion Act so that we can start finding ever—their family never has the oppor- much about. and implementing solutions—solutions tunity to feel the sense of justice and According to the National Institute to problems like Tribal jurisdiction. healing that you have from knowing of Justice—listen to these statistics— Before 2013, the jurisdictional maze that the perpetrator of this terrible vi- more than 80 percent of Native women surrounding these crimes made it near- olence has been brought to justice. have experienced violence, almost half ly impossible for Native authorities to I am just going to—I would like to within the last year. On many reserva- prosecute non-Native criminals, de- tell one story about a woman whom I tions, Native American women face spite the fact that almost 90 percent of spoke with in Saint Paul whose daugh- murder rates up to 10 times the na- the Native survivors had experienced ter was murdered in January of 2018. tional average. The majority of this vi- violence at the hands of non-Native of- To this day, she still awaits the release olence is either sexual or domestic in fenders. When we reauthorized the Vio- of her daughter’s body because of nature, and too much of it goes unre- lence Against Women Act back in 2013, mixups and snafus in the system. Imag- ported and unprosecuted. That is why I we gave Tribal governments the ability ine what that would be like. This is have taken a three-pronged approach to arrest and prosecute non-Native of- just one example of how Native women to address this crisis. fenders for sexual and domestic crimes. in the criminal justice system don’t No. 1, we need to raise awareness; No. Since March of 2015, 18 Tribes have get the dignity and the respect they de- 2, we need to empower the Tribes used this authority to arrest approxi- serve. around this country; and No. 3, this mately 150 offenders. As of today, more I yield the floor. body needs to implement some solu- than half of those arrested resulted in The PRESIDING OFFICER. The Sen- tions that will help those Tribes ad- convictions, and many are still pending ator from New Mexico. dress this issue. But first we must ac- trial. Fort Peck is one of the Tribes on Mr. UDALL. Mr. President, one of knowledge that there is an epidemic, the vanguard, arresting 18 offenders the issues that has been highlighted by an epidemic that—if we acknowledge over the last 3 years—offenders who the two very capable Senators who are it—we can fix. had gotten away with their abuse for here on the floor, Senator CORTEZ We have made some progress on this far, far too long. MASTO and Senator SMITH, is that all front in the last few years. Since 2016, This year’s violence reauthorization of us—and I know that the Presiding we have introduced resolutions declar- act will build upon that 2013 bill and Officer from the State of Utah also has ing May 5 the National Day of Aware- extend Tribal jurisdiction even further, many Tribes. All of us need to work in ness for Missing and Murdered Native empowering Tribes to combat this cri- a very conscientious and deliberative Women and Girls. We introduced this sis head-on. That is why the Senate way to try to make sure that we are resolution in honor of Hanna Harris, a needs to pass this critical legislation able to do everything we can to bring Northern Cheyenne Tribal member who and start taking up dozens of other forward the effort of the Federal Gov- was murdered in July of 2013, and thou- bills that we have introduced to com- ernment to lower the violence level in sands of other voices that have been si- bat this crisis—bills like Savanna’s Native American communities. The lenced. We introduced this resolution Act, which will improve information thing I saw over and over again in the to underscore the urgency of address- sharing between the Federal, State, State of New Mexico as I dealt with ing domestic violence and sexual as- and Tribal law enforcement agencies Tribes and then at the national level— sault in Indian Country. We introduced and establish better response protocols I worked in the U.S. Attorney’s Office this resolution to amplify the voice of for cases of missing people or the Not for several years as an assistant U.S. the people who are on the vanguard, Invisible Act, a bipartisan bill we re- attorney. I saw over and over again fighting for change—folks like Briana cently introduced that would create an that we were unable to prosecute some Lamb, a Missoula-based activist, who advisory committee to improve on how cases, but we were well aware that the was my guest at this year’s State of Federal law enforcement responds to Tribes, if they were given the author- the Union Address, or Kim Loring, who cases of missing, murdered, and traf- ity, would be able to move forward be- testified in front of the Indian Affairs ficked persons. Sure, it is nice to hold cause they were closer to the cir- Committee back in December about hearings and to write letters, but noth- cumstances and would be able to do the the disappearance of her sister, Ashley ing can really happen unless we do our job. That is why it is so important that Loring Heavy Runner, from Browning, job. 16 former U.S. attorneys who have ju- MT. Increasing awareness isn’t where we Take funding, for example. We risdiction across the United States— worked hard to secure a 5-percent set- full jurisdictions of an area—have end. We need to act, and we need to find and implement solutions. That is aside for Indian Country in the Crime stepped forward and said that they Victims Fund this year. That is $168 really feel that these pieces of legisla- why, after leading a Senate hearing on the MMIW crisis in December, I drafted million that Tribes can now use to pre- tion that Senator CORTEZ MASTO, Sen- vent violence and support survivors ator SMITH, Senator KLOBUCHAR, and and introduced the Studying the Miss- ing and Murdered Indian Crisis Act. across Indian Country. But this set- many others are sponsoring and that aside disappears next year if we don’t the House has actually sent over to us This bill directs the GAO to conduct a full review of how Federal Agencies re- pass the SURVIVE Act to make this are ready to go. funding permanent. I see my good friend Senator TESTER spond to reports of missing and mur- I hope that everybody in the Senate, is here. The vote is going to take place dered Native Americans and rec- including the majority, will finally get in a few minutes, so I am going to yield ommend solutions based on their find- behind the Violence Against Women the floor so that Senator TESTER can ings. Act and help move these other bills for- speak on these very important issues. The House has already passed this ward also. Together, we can find solu- He is a great member of the Com- bill, along with the rest of the Violence tions to this crisis and we can support mittee, and I always enjoy hearing Against Women Reauthorization Act, survivors and we can bring their assail- from him because he is always right on more than a month ago. The Senate ants to justice, but we can’t do it if point. has yet to take up this package. So in- I yield the floor. stead of waiting around for Senator Congress doesn’t act. The PRESIDING OFFICER. The Sen- MCCONNELL to do his job and bring this I yield the floor. ator from Montana. bill up for a vote, I reached out to the I suggest the absence of a quorum. Mr. TESTER. Mr. President, I think GAO directly yesterday. A group of 10 The PRESIDING OFFICER. The that might have been a hint to make it Democrats and 7 Republicans wrote to clerk will call the roll. quick. Is that right, Senator UDALL? the GAO, asking them to conduct this The bill clerk proceeded to call the Mr. UDALL. Take your time. study, and the GAO agreed. But we roll.

VerDate Sep 11 2014 01:21 May 08, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.031 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2677 CLOTURE MOTION The motion is agreed to. Schumer Stabenow Van Hollen The Senator from Wyoming. Scott (FL) Sullivan Warner The PRESIDING OFFICER (Mr. CAS- Scott (SC) Tester Whitehouse SIDY). Under the previous order and Mr. BARRASSO. Mr. President, I ask Shaheen Thune Wicker pursuant to rule XXII, the Chair lays unanimous consent that the remaining Sinema Tillis Wyden before the Senate the pending cloture votes in this series be 10 minutes in Smith Udall motion, which the clerk will state. length. NAYS—24 The legislative clerk read as follows: The PRESIDING OFFICER. Without Barrasso Hawley Paul CLOTURE MOTION objection, it is so ordered. Blackburn Inhofe Rubio Braun Kennedy Sanders We, the undersigned Senators, in accord- f Cruz Klobuchar Sasse ance with the provisions of rule XXII of the Daines Lankford Shelby Standing Rules of the Senate, do hereby CLOTURE MOTION Gillibrand Lee Toomey move to bring to a close debate on the nomi- Grassley Markey Warren nation of Kimberly A. Reed, of West Vir- The PRESIDING OFFICER. Pursuant Harris Merkley Young ginia, to be President of the Export-Import to rule XXII, the Chair lays before the NOT VOTING—2 Bank of the United States for a term expir- Senate the pending cloture motion, ing January 20, 2021. which the clerk will state. Booker Murkowski Mitch McConnell, Lindsey Graham, The senior assistant legislative clerk The PRESIDING OFFICER. On this Kevin Cramer, Mike Rounds, Roy read as follows: vote, the yeas are 74, the nays are 24. Blunt, Richard Burr, Johnny Isakson, Mike Crapo, Tim Scott, Jerry Moran, CLOTURE MOTION The motion is agreed to. John Hoeven, Pat Roberts, Lisa Mur- We, the undersigned Senators, in accord- f kowski, Roger F. Wicker, Lamar Alex- ance with the provisions of rule XXII of the ander, Rob Portman. Standing Rules of the Senate, do hereby CLOTURE MOTION The PRESIDING OFFICER. By unan- move to bring to a close debate on the nomi- The PRESIDING OFFICER. Pursuant nation of Spencer Bachus III, of Alabama, to imous consent, the mandatory quorum to rule XXII, the Chair lays before the call has been waived. be a Member of the Board of Directors of the Export-Import Bank of the United States for Senate the pending cloture motion, The question is, Is it the sense of the a term expiring January 20, 2023. which the clerk will state. Senate that debate on the nomination Mitch McConnell, Lindsey Graham, The senior assistant bill clerk read as of Kimberly A. Reed, of West Virginia, Kevin Cramer, Mike Rounds, Roy follows: to be President of the Export-Import Blunt, Richard Burr, Johnny Isakson, CLOTURE MOTION Bank of the United States for a term Mike Crapo, Tim Scott, Jerry Moran, expiring January 20, 2021, shall be John Hoeven, Pat Roberts, Lisa Mur- We, the undersigned Senators, in accord- brought to a close? kowski, Roger F. Wicker, Lamar Alex- ance with the provisions of rule XXII of the ander, Rob Portman. Standing Rules of the Senate, do hereby The yeas and nays are mandatory move to bring to a close debate on the nomi- under the rule. The PRESIDING OFFICER. By unan- nation of Judith DelZoppo Pryor, of Ohio, to The clerk will call the roll. imous consent, the mandatory quorum be a Member of the Board of Directors of the The bill clerk called the roll. call has been waived. Export-Import Bank of the United States for Mr. THUNE. The following Senator is The question is, Is it the sense of the a term expiring January 20, 2021. necessarily absent: the Senator from Senate that debate on the nomination Mitch McConnell, Lindsey Graham, Alaska (Ms. MURKOWSKI). of Spencer Bachus III, of Alabama, to Kevin Cramer, Mike Rounds, Roy The PRESIDING OFFICER. Are there be a Member of the Board of Directors Blunt, Richard Burr, Johnny Isakson, any other Senators in the Chamber de- Mike Crapo, Tim Scott, Jerry Moran, of the Export-Import Bank of the siring to vote? John Hoeven, Pat Roberts, Lisa Mur- The yeas and nays resulted—yeas 82, United States for a term expiring Jan- kowski, Roger F. Wicker, Lamar Alex- nays 17, as follows: uary 20, 2023, shall be brought to a ander, Rob Portman. [Rollcall Vote No. 96 Ex.] close? The PRESIDING OFFICER. By unan- YEAS—82 The yeas and nays are mandatory imous consent, the mandatory quorum under the rule. Alexander Gardner Portman call has been waived. Baldwin Gillibrand Reed The clerk will call the roll. The question is, Is it the sense of the Bennet Graham Risch This is a 10-minute vote. Senate that debate on the nomination Blumenthal Harris Roberts The senior assistant legislative clerk of Judith DelZoppo Pryor, of Ohio, to Blunt Hassan Romney called the roll. Booker Heinrich be a Member of the Board of Directors Rosen Mr. THUNE. The following Senator is Boozman Hirono Rounds of the Export-Import Bank of the Brown Hoeven Schatz necessarily absent: the Senator from United States for a term expiring Jan- Burr Hyde-Smith Schumer Alaska (Ms. MURKOWSKI). Cantwell Isakson uary 20, 2021, shall be brought to a Scott (FL) Capito Johnson Mr. DURBIN. I announce that the close? Scott (SC) Cardin Jones Senator from New Jersey (Mr. BOOKER) The yeas and nays are mandatory Carper Kaine Shaheen is necessarily absent. Sinema under the rule. Casey King The PRESIDING OFFICER. Are there Cassidy Klobuchar Smith The clerk will call the roll. Collins Leahy Stabenow any other Senators in the Chamber de- The senior assistant bill clerk called Coons Manchin Sullivan siring to vote? the roll. Cornyn Markey Tester The yeas and nays resulted—yeas 74, Cortez Masto McConnell Thune Mr. THUNE. The following Senator is Cotton McSally Tillis nays 24, as follows: necessarily absent: the Senator from Cramer Menendez Udall [Rollcall Vote No. 97 Ex.] Alaska (Ms. MURKOWSKI). Crapo Merkley Van Hollen YEAS—74 Mr. DURBIN. I announce that the Duckworth Moran Warner Durbin Murphy Warren Alexander Cramer King Senator from New Jersey (Mr. BOOKER) Enzi Murray Whitehouse Baldwin Crapo Leahy is necessarily absent. Bennet Duckworth Manchin Ernst Paul Wicker The PRESIDING OFFICER. Are there Feinstein Blumenthal Durbin McConnell Perdue Wyden Fischer Peters Blunt Enzi McSally any other Senators in the Chamber de- Boozman Ernst Menendez siring to vote? NAYS—17 Brown Feinstein Moran The yeas and nays resulted—yeas 79, Barrasso Hawley Sanders Burr Fischer Murphy Blackburn Inhofe Sasse Cantwell Gardner Murray nays 19, as follows: Braun Kennedy Shelby Capito Graham Perdue [Rollcall Vote No. 98 Ex.] Cardin Hassan Peters Cruz Lankford Toomey YEAS—79 Daines Lee Young Carper Heinrich Portman Grassley Rubio Casey Hirono Reed Alexander Burr Collins Cassidy Hoeven Risch Baldwin Cantwell Coons NOT VOTING—1 Collins Hyde-Smith Roberts Bennet Capito Cornyn Murkowski Coons Isakson Romney Blumenthal Cardin Cortez Masto Cornyn Johnson Rosen Blunt Carper Cotton The PRESIDING OFFICER. On this Cortez Masto Jones Rounds Boozman Casey Cramer vote, the yeas are 82, the nays are 17. Cotton Kaine Schatz Brown Cassidy Crapo

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.034 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE May 7, 2019 Duckworth Klobuchar Schatz pedite the construction of pipelines busiest, at least operating in America Durbin Leahy Schumer that will allow oil and natural gas to today—the Permian Basin in the great Enzi Manchin Scott (FL) Ernst Markey Scott (SC) be safely and economically transported State of Texas and the great State of Feinstein McConnell Shaheen from drill sites to end users. New Mexico, our shale drillers have Fischer McSally Sinema The President took the courageous long complained that they have no way Gardner Menendez Smith first step in addressing a problem that to move natural gas to the market be- Gillibrand Merkley Stabenow Graham Moran has been present for far, far too long, cause there simply aren’t enough nat- Tester Harris Murphy Thune and I am talking, of course, about the ural gas pipelines. Adding to the di- Hassan Murray lack of infrastructure. The lack of in- lemma is the fact that not only is Heinrich Perdue Tillis Hirono Peters Udall frastructure not only chips away at the there a severe lack of pipelines, there Hoeven Portman Van Hollen great economic benefits our country is a severe lack of alternative transpor- Hyde-Smith Reed Warner receives thanks to our drilling boom, tation options as well. When it comes Isakson Risch Warren to transporting oil and natural gas, we Johnson Roberts Whitehouse but without pipelines and other means Jones Romney Wicker of transport, processing, and storage, have four alternatives: pipeline, train, Kaine Rosen Wyden the cheaper and cleaner burning nat- truck, and boat—pipeline, train, truck, King Rounds ural gas is too often wasted—natural and boat. Until President Trump NAYS—19 gas, mind you, that could be powering signed his Executive orders last month—one requiring the Transpor- Barrasso Inhofe Sasse businesses, schools, and even tens of Blackburn Kennedy Shelby millions of homes across the United tation Department to allow liquefied Braun Lankford Sullivan States. natural gas to be shipped via special- Cruz Lee Toomey I would also like to note that I would ized rail and tanker trucks—too much Daines Paul Young Grassley Rubio be remiss if I didn’t mention the envi- of the natural gas extracted had no Hawley Sanders ronmental benefits of natural gas. Sim- way of getting to open markets. In the ply put, natural gas is an environ- Permian Basin alone—remember in NOT VOTING—2 Texas and New Mexico—about 3 per- Booker Murkowski mentally friendly fuel source. This abundant fuel is not only incredibly ef- cent of the natural gas that comes to The PRESIDING OFFICER. On this ficient, with a 92-percent energy effi- the surface with the oil is flared. That means it is just burned off. It is wast- vote, the yeas are 79, and the nays are ciency, but the use of natural gas re- 19. ed. duces carbon emissions as well. When Now, 3 percent may not initially The motion is agreed to. compared to other fossil fuel sources, f sound like a lot, but when you run the burning natural gas results in far fewer numbers, it becomes clear that we are EXECUTIVE CALENDAR pollutants such as carbon monoxide, wasting a vast amount of money and a nitrogen oxide, nonmethane organic The PRESIDING OFFICER. The huge source of energy. There is so gas, and carbon dioxide. In fact, de- clerk will report the nomination. much oil being extracted in the Per- pending on the pollutant, using natural The senior assistant bill clerk read mian Basin alone that over $1 million gas can mean a reduction in carbon the nomination of Judith DelZoppo worth of natural gas is burned away, emissions of up to 90 percent—90 per- Pryor, of Ohio, to be a Member of the flared, wasted every day; $1 million cent—in some cases. Board of Directors of the Export-Im- worth of natural gas—a relatively As our drilling boom continues in port Bank of the United States for a clean source of energy, better for our America, by implementing greater di- term expiring January 20, 2021. environment—is burned away every rect use of natural gas, we can cut The PRESIDING OFFICER. The Sen- single day. To put that in perspective, thousands and thousands of tons of car- ator from Louisiana. the entire daily energy needs of Mon- bon emissions from our atmosphere Mr. KENNEDY. Mr. President, I ask tana or New Hampshire could be met every year, and these are numbers that unanimous consent to speak as in with just the gas that is flared in 1 day we should all be able to get behind. morning business. in the Permian Basin. A further look Ever since the advent of hydraulic at the numbers suggests that by the The PRESIDING OFFICER. Without fracturing and horizontal drilling, we objection, it is so ordered. end of 2018 alone, so much natural gas have been able to extract crude oil was burned off in the Permian Basin NATURAL GAS FLARING from deposits that we not only didn’t that the entire residential energy Mr. KENNEDY. Mr. President, I think we could ever reach but from de- needs of Texas for the year could have would like to take a few moments to posits we didn’t even know existed been met—the entire State of Texas. speak on an issue that, as you know, is until a few years ago. The problem is likely only going to important to American families all American ingenuity is truly an amaz- get worse. The Permian Basin is far across the country. ing thing, and that American inven- from the only area in which flaring oc- Hardworking Americans long for tiveness and perseverance have led the curs today in our country. Just ac- cheap and efficient sources of energy United States in becoming the world’s counting for the month of October this for their homes, for their businesses, leader in oil production. Did you ever past year in North Dakota, it was re- and for their schools, and one of the think America would lead the entire ported that the amount of gas flared or answers—not the only answer, but one world in oil production? burned off or wasted was enough to of the answers—to this dilemma is Unfortunately, the infrastructure to heat 4.25 million homes. The amount of clean-burning natural gas. support this boom has lagged. When natural gas flared, burned, wasted for Natural gas is an abundant energy drilling for oil, it is not an a la carte the month of October, just in North source that, unfortunately, in some menu. Once the drill reaches the de- Dakota, would have heated 4.25 million cases is being squandered. We can do a sired deposit and begins pumping the homes. This has to change. We simply better job of getting the fuel to con- targeted crude oil to the surface, what cannot continue to sit by as millions of sumers. In fact, we waste too much of is also brought to the surface alongside dollars are literally burned off every this useable fuel source through a proc- the crude oil is natural gas. You simply day into the atmosphere. ess known as natural gas flaring. Nat- cannot drill for shale oil and not ex- I thank President Trump. He took ural gas flaring is a practice where the tract natural gas. some great initial steps in trying to natural gas is intentionally burned off The problem, however, is while we solve the wastefulness inherent in flar- at a drill site. should be looking at this phenomenon ing from speeding up the construction What I can happily report, however, as a net positive—one drill extracting of much needed pipelines to ordering is that President Trump and his admin- two sources of energy—far too often increased use of specifically designed istration have begun to take the nec- this natural gas byproduct is wasted trains and tanker trucks. The Amer- essary steps to address the underlying because the infrastructure is simply ican people will have far more access causes for this inexcusable waste. not there to move the large quantity of to this abundant and ever-present fuel Just last month, President Trump natural gas to consumers. In one of our source for their homes, for their busi- signed a pair of executive orders to ex- Nation’s busiest oil fields—perhaps the nesses, and for their schools. There is

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.019 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2679 still a long way to go—a long way to The 2013 reauthorization of VAWA al- domestic violence, but we have a duty go. Additional miles of pipeline and lowed Tribes to exercise their sov- to do all that we can. Thank you. specialized train cars are just the be- ereign powers to prosecute, convict, f ginning. I believe we can do better— and sentence both Indians and non-In- NOMINATION OF JANET DHILLON much better, in fact—than simply sit- dians who assault Indian spouses or ting idly by as we watch good fuel dating partners. In other words, Tribes Mr. BOOKER. Madam President, being burned off into the night sky. were finally able to prosecute anyone today I wish to speak on the nomina- (Ms. MCSALLY assumed the Chair.) who committed domestic violence tion of Janet Dhillon, who is nomi- f against an Indian on Indian land. These nated to be Chair of the Equal Employ- ment Opportunity Commission. The LEGISLATIVE SESSION measures were not only necessary; they worked. EEOC plays an important role in pro- In just 5 years, under these new laws, tecting American workers. I am deeply MORNING BUSINESS there were 142 arrests, 74 convictions, concerned that Ms. Dhillon will put the interests of corporations over those of Mr. KENNEDY. Madam President, I and 24 more cases pending. These employees, which is antithetical to the ask unanimous consent that the Sen- charges were processed through Tribal mission of the EEOC. ate proceed to legislative session and courts that provided the requisite due The EEOC is charged with ‘‘enforcing be in a period of morning business, process protections under our Constitu- federal laws that make it illegal to dis- with Senators permitted to speak tion. In fact, not a single conviction criminate against a job applicant or an therein for up to 10 minutes each. was overturned because of a lack of due The PRESIDING OFFICER. Without process. We must now build on that employee because of the person’s race, objection, it is so ordered. success. color, religion, sex (including preg- The VAWA reauthorization the nancy, gender identity, and sexual ori- f House passed is a strong bill. I would entation), national origin, age (40 or VIOLENCE AGAINST WOMEN ACT note that it passed on a significant bi- older), disability or genetic informa- Mrs. FEINSTEIN. Madam President, partisan basis, with a vote of 263–158 tion.’’ It also investigates claims of in- today I wish to speak in support of in- and 33 Republicans supporting it. This dividuals who are retaliated against for cluding provisions in any reauthoriza- was even in the face of an active oppo- complaining about discrimination. tion of the Violence Against Women sition campaign conducted by the Na- Needless to say, the EEOC plays a crit- Act that would ensure Tribal govern- tional Rifle Association. ical role in protecting American work- ments can prosecute heinous crimes on But importantly, one of the reasons ers and ensuring that our Federal anti- their lands. the House bill is a strong bill is be- discrimination laws are enforced and When Congress last reauthorized the cause of its Tribal protections. For ex- not disregarded by unscrupulous em- Violence Against Women Act, also ample, the House bill expands jurisdic- ployers. known as VAWA, in 2013, we made his- tion over non-Indians for crimes In choosing someone to sit on the toric advancements to address domes- against children, elders, and law en- Commission, it is critical that the ad- tic violence on Tribal lands. Those im- forcement. ministration select someone with a his- portant steps must be preserved, but We have a duty to prevent child tory of working to advance civil rights we must also fix gaps in the law that abuse and elder abuse wherever they and workers’ rights. Ms. Dhillon clear- the last reauthorization left open. occur. It is also only right that Tribes ly does not have that background. These gaps allow crimes against chil- be able to prosecute attacks on law en- Ms. Dhillon has spent the vast major- dren, the elderly, and law enforcement forcement officers. The people who pro- ity of her career working for and rep- to essentially go unpunished. tect the public deserve protection as resenting the interests of large cor- As I have mentioned before, I support well. porations. Notably, while she was em- H.R. 1585, the bill passed by the House These advancements ensure that ployed at JC Penney, the company was to reauthorize VAWA. One of the rea- Tribes are able to address acts of vio- harshly criticized for its handling of a sons I support that bill is because it ad- lence, while respecting Tribal sov- garment factory accident in Ban- dresses those gaps. Tribes should be ereignty. We should welcome the op- gladesh that killed more than 1,000 peo- able to address violent crimes that portunity to continue to build on our ple. She also worked at the Retail Liti- happen on their lands and to their past successes. I look forward to work- gation Center, an entity that works to most vulnerable populations. ing with my colleague Senator ERNST limit employees’ and consumers’ access According to a 2016 Justice Depart- on these provisions and hope other to justice. These experiences stand in ment report, ‘‘more than four in five Senators with significant stake in this direct opposition to the mission of the American Indian and Alaska Native area will join us. EEOC. women have experienced violence in There are several other provisions Additionally, during her confirma- their lifetime.’’ That is disturbing. The that I believe should be included in a tion hearing, she would not commit to report also found that 56 percent have VAWA reauthorization. Chief among maintaining the EEOC’s current posi- experienced sexual violence; 56 percent those is keeping guns out of the hands tion that title VII of the Civil Rights have experienced physical violence at of domestic abusers. I plan to speak Act of 1964 protects LGBT people from the hands of an intimate partner; and about those provisions at a later date, discrimination. As one of the main au- 49 percent have been stalked. but I mention them now because I be- thors of the Equality Act in the Sen- For me, these numbers are even more lieve that we must have a comprehen- ate, which clarifies that existing civil upsetting because California has the sive approach to addressing domestic rights law forbids discrimination of largest Native American population in violence in this country. LGBT people, I am deeply concerned the United States. There are almost Simply put, all of the different parts Ms. Dhillon would not make that com- 700,000 Native Americans living in Cali- of VAWA are linked. For instance, en- mitment at her hearing. fornia, which has 107 federally recog- suring Tribal governments can pros- If the United States is going to be a nized and 50 unrecognized Tribes. ecute domestic violence committed on beacon of liberty and freedom, we must We must continue to respect Tribal Tribal lands is important, but keeping not allow discrimination of any kind to sovereignty, to advance the very core guns out of the hands of domestic abus- continue. The EEOC plays an essential of what sovereignty means: the right of ers will help protect victims on Tribal role in fulfilling that promise of eradi- Tribes to exercise dominion and juris- lands as well. cating discrimination and creating a diction over appalling crimes that The bill passed by the House takes workplace that reflects the best of occur on Tribal land. For many years, this sort of comprehensive approach American values: hard work, inge- Tribal governments were unable to by, for example, improving the law in nuity, decency, and respect. prosecute crimes committed by non-In- the areas of housing, Tribal protec- It is clear to me that Ms. Dhillon is dians on Tribal lands. Thankfully, that tions, and gun safety. not the right person for the job, and I changed when Congress reauthorized I believe the Senate must do the urge my colleagues to vote against her VAWA in 2013. same. There is no simple way to stop nomination.

VerDate Sep 11 2014 04:27 May 08, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.044 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE May 7, 2019 ELECTRONIC HEALTH RECORDS mean when one system, hospital, doctor, WILD AND SCENIC RIVERS vendor, or insurer is purposefully not shar- POSTAGE STAMP Mr. ALEXANDER. Madam President, ing information with another; I ask unanimous consent that a copy of Second, the rules require that by January Mr. WYDEN. Madam President, on my opening statement at the Senate 1, 2020, for the first time, insurers must share May 21, 2019, the U.S. Postal Service Health Education, Labor, and Pensions a patient’s health care data with the patient will release a series of postage stamps Committee be printed in the RECORD. so their health information follows them as commemorating America’s Wild and There being no objection, the mate- they see different doctors; and Scenic River system. These are Amer- rial was ordered to be printed in the Third, all electronic health records must ica’s remarkable rivers and streams RECORD, as follows: adopt publicly available standards for data unique for their free-flowing beauty, ELECTRONIC HEALTH RECORDS elements, known as Application Program- along with their contribution to recre- Mr. ALEXANDER. In 1991, the National ming Interfaces, or APIs, two years after ation, fish and wildlife habitat, and these rules are completed. Academies urged the adoption of electronic countless other important benefits. health records to improve patients’ care. Last month, we heard from those who use However, for many patients and for many electronic health records, and here is what As we recognize the 50th anniversary doctors, electronic health records have made they have to say about the rules. First, I of this landmark conservation law, I care more complicated. asked our witnesses if these were good want to make a point that Oregon has No one knows this better than Dr. Kelly rules—and all four said yes, the intent and always been a leader in protecting riv- Aldrich, who is the Chief Clinical Trans- the goal of the rules were correct. ers and just this year added more than formation Officer at the Center for Medical Mary Grealy, president of the Healthcare 250 miles of Wild and Scenic Rivers des- Interoperability in Nashville and whose hus- Leadership Council said: ‘‘Interoperability is ignations, increasing our miles of pro- band, Eric, experienced a life-threatening not simply desirable, it is absolutely nec- emergency that could have been prevented if tected rivers from 1,916 to a grand total essary . . . These rules represent an impor- of over 2,170 miles. That gives Oregon his electronic health records had been inter- tant and perhaps groundbreaking first step operable. for true national interoperability.’’ the State with the most miles of Wild Eric woke up one morning with a splitting and Scenic River designations in the I also asked our witnesses what one change headache and went to see his primary care they would make to improve these rules. contiguous United States. doctor, who sent Eric to the hospital for a Mary cautioned about not rushing imple- Three Oregon rivers are being recog- CT scan, the results of which prompted an mentation, saying, ‘‘We don’t want to pre- MRI. Usually, the hospital’s electronic med- nized by the U.S. Postal Service in this vent moving ahead, or progress, but I think ical records system sends the results of the commemorative stamp edition: the we also have to be very cognizant of the MRI directly to Eric’s primary care doctor. Deschutes, the Owyhee, and the Snake challenges that providers and others are fac- But in this case the results were never Rivers. Each is remarkable and unique ing trying to do this complex work.’’ sent, so 12 hours after the test, Eric’s doctor in its own way, and together, these riv- called the hospital and learned that Eric had In 2015, I urged the Obama Administration ers embody Oregon’s tradition of pro- to slow down Stage 3 of the Meaningful Use a tumor so large it was causing his brain to viding habitat for endangered salmon swell and shift, putting him at risk of sei- program, which incentivized doctors and hos- zures, permanent brain damage, and possibly pitals to adopt electronic health records. The and steelhead, clean drinking water, death. Obama Administration did not slow down and recreation opportunities for count- Eric, however, assuming no news was good implementation, and looking back, the re- less outdoor enthusiasts from all over news, was already 500 miles away, on his way sults would have been better if they had. the United States and the world. to a fishing trip in Louisiana. Eric went to The best way to get to where you want to One of these rivers, the Owyhee, Tulane Medical Center, which had to do an- go is not by going too far, too fast. carves its way through some of the other MRI because they could not obtain I want to make sure we learn lessons from harshest and most arid and remote Eric’s original test results because the two implementing Meaningful Use Stage 3, which hospitals used different electronic medical landscape of Oregon’s high desert in was, in the words of one major hospital, the easternmost parts of our State. records systems. Eric flew back to Nashville, ‘‘terrifying.’’ where he had to have yet another MRI before The Owyhee River flows through a I am especially interested in getting where entering surgery. Eric later spent several we want to go with the involvement of doc- steep, eroded canyon with cliffs tow- weeks recovering in the ICU. ering hundreds of feet above. Added to At multiple points during this traumatic tors, hospitals, vendors, and insurers, with the fewest possible mistakes and the least the Wild and Scenic Rivers system in experience, a lack of interoperability be- 1984, this river is revered for its re- tween electronic health records caused a life confusion. threatening delay of care, redundant tests, We don’t need to set a record time to get markable cultural, geologic, rec- higher costs, and additional pain. there with an unrealistic timeline. Because reational, and scenic values. It is of This is the second hearing on the proposed these are complex rules, I asked CMS and particular historical significance to rules implementing the electronic health in- ONC to extend the comment period, and I am Tribes across Oregon, Idaho, and Ne- formation provisions in the 21st Century glad to see they have done so and want to vada. Beyond its significance as a Wild Cures Act. Improving electronic health thank our witnesses for allowing more time and Scenic River, the Owyhee region is for comment. records is important to this committee. a critical lifeline to the rural economy In 2015, while working on Cures, we real- We also heard concerns about ensuring pa- of eastern Oregon and the local ranch- ized that our electronic health records sys- tient privacy. lf the 21st Century Cures Act tem was in a ditch. is successfully implemented, patients should ing community. This committee held six bipartisan hear- be able to get their own health data more Moving westward to central Oregon, ings on how to improve interoperability, and easily and send it to their health care pro- the Deschutes River is an oasis that formed a working group that recommended viders. winds through sandy, pumice-filled provisions in Cures to ban information Patients may also choose to send that data soils and sloping plateaus. A Wild and blocking—which is when some obstacle is in to third parties—like an exercise tracking the way of a patient’s information being sent Scenic River since 1988, the Deschutes app on their smart phone—but this raises is world renowned for its fly fishing, from one doctor to another. new questions about privacy. Lucia Savage, And this year, this committee is working rafting, and hiking opportunities. For Chief Privacy and Regulatory Officer at on legislation to lower the cost of health Omada Health said, ‘‘I think the committee centuries, Native Americans have hon- care. . . . is rightfully concerned about privacy ored the cultural and fishing uses of 50 percent of what we spend on health care and security . . . None of this will matter if the river and venerated its historical is unnecessary, according to Dr. Brent James the consumers don’t have confidence, and value. of the National Academics. Electronic health their doctors don’t have confidence that the records that are interoperable can prevent The final Oregon river honored in consumers have confidence.’’ duplicative tests —like Eric’s repeated this series is back to the east in Oregon MRIs—and reduce what doctors and hos- Dr. Christopher Rehm, Chief Medical but north of the Owyhee: the mighty pitals spend on administrative tasks. Informatics Officer at Lifepoint Health in Snake River. It flows through Hells In March, the Office of the National Coor- Brentwood, Tennessee reminded us at the hearing that these rules are ‘‘not about the Canyon—the deepest gorge in North dinator and the Centers for Medicare and America—on the border between Idaho Medicaid Services issued two rules to imple- technology, it’s about the patient, their care ment the electronic health records provi- and their outcomes.’’ and Oregon. First designated a Wild sions in Cures: I am looking forward to hearing from the and Scenic River in 1975, the Snake First the rules define information block- Administration today about how they plan River holds significant cultural value ing—so it is more precisely clear what we to implement these rules. for the people of the Shoshone and Nez

VerDate Sep 11 2014 04:27 May 08, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.025 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2681 Perce Tribes. It also holds an impor- question that the Air Force, Depart- Dr. Billington’s nearly three decades tant part of our State’s history; emi- ment of Defense, and the United States of distinguished service and his efforts grant pioneers risked their lives cross- will continue to benefit greatly from to bring the Library of Congress into ing the Snake in search of their future Colonel Miller’s leadership. the digital age will help ensure that in Oregon. Pristine sections of this f the Library will better preserve our river and its stunning landscapes pro- Nation’s history and enlighten its peo- REMEMBERING DR. JAMES vide bountiful opportunities for salmon ple for many generations to come. His BILLINGTON fishing, rafting, and exploration. legacy will be one of innovation and These Oregon rivers and others rec- Mr. ALEXANDER. Madam President, diligence. ognized by the U.S. Postal Service in Dr. James Billington was the 13th per- After his passing in 2018, his suc- these stamps contribute to the most son to hold the position of Librarian of cessor at the Library of Congress, stunning landscapes in the country and Congress since the Library was estab- Carla Hayden, said ‘‘Dr. Billington has protect the very qualities that make lished in 1800. He was nominated by left an indelible legacy on the institu- America’s and Oregon’s natural treas- President Ronald Reagan and served tion he led passionately for 28 years. ures so incredible. under Presidents George H.W. Bush, With his vigor for philanthropy and f Bill Clinton, George W. Bush, and tireless efforts to expand the reach and Barack Obama. impact of the Library, he achieved so TRIBUTE TO COLONEL CAROLINE As Librarian of Congress Dr. much to advance the Library of Con- M. MILLER Billington managed the Library of Con- gress as an enduring place for scholars Ms. ERNST. Madam President, today gress, which according to LOC, is the and learners. He will be remembered as I wish to recognize Col. Caroline M. largest library in the world, containing a visionary leader, distinguished aca- Miller, upon her departure as chief, Air millions of books, recordings, photo- demic and, most of all, a great Amer- Force legislative liaison to the U.S. graphs, newspapers, maps, and manu- ican.’’ Senate. scripts in its collections. It is the main At a recent Senate committee hear- In this role, Colonel Miller managed research arm of the U.S. Congress. ing, I spoke with Ms. Hayden about Air Force senior leader strategic en- Dr. Billington doubled the size of the Alex Haley and the importance of what gagement with Senators and their Library’s collections during his tenure he did: writing two bestselling books staffs in support of Air Force programs from 85.5 million items in 1987 to more on the African-American experience, and congressional oversight travel. She than 160 million items. He created the the autobiography of Malcolm X and served as the Air Force’s senior escort Library of Congress online, which his book, Roots, which tell the story of for staff and congressional delegation helped bring the Library into the dig- the African-American experience in travel to more than 20 countries sup- ital age. America. As Dr. Billington said, Alex porting leadership, Member, and com- In 2003, Dr. Billington testified before did a lot of his research at the Library mittee offices. Prior to her current po- the Senate education committee at a of Congress, and he found the name and sition, she served as the 633rd Air Base hearing I chaired called ‘‘Putting the the date of the slave ship that actually Wing commander at Joint Base Lang- Teaching of American History and brought that ancestor to Annapolis in ley-Eustis,VA, providing installation Civics Back in the Classroom.’’ the Library. I think Alex’s example support to 18,000 Air Force and Army In his testimony that day, Dr. will help people understand how the Li- personnel, including Headquarters Air Billington said: ‘‘During Alex Haley’s brary of Congress can be so useful to Combat Command, U.S. Army Training 12 years researching his ground- people who are trying to tell the story and Doctrine Command, four oper- breaking novel, Roots, he traveled the of our country. ational wings, eight brigades, and more globe to uncover his family’s story, Ms. Hayden agreed saying, ‘‘many than 20 major associate units. even taking a slow Atlantic crossing to notable films and books have started Colonel Miller received her commis- get some feel for what his ancestors with research at the Library of Con- sion in 1994 from Officer Training went through on the Middle Passage. gress. We want to emphasize the fact School, Maxwell Air Force Base, AL. He also spent many hours in the read- that Alex Haley did research here, and During her illustrious career, she has ing rooms of the Library of Congress, also have his quotes about what it felt served as a protocol officer, special ac- poring over American Missionary Soci- like for him to be in that reading tions officer, and executive officer for ety files from our Manuscript Collec- room.’’ several senior Air Force leadership of- tion. Alex Haley used to say, we should fices, as well as the Director of Man- ‘‘For the first 190 years of the Li- ‘‘find the good and praise it.’’ Dr. power and Personnel for United States brary’s existence, people could access Billington’s life’s work will help count- Strategic Command. Colonel Miller has our vast collections only by traveling less Americans ‘‘find the good and commanded at the squadron, group, to Washington, D.C., and by working in praise it,’’ when it comes to the history and wing levels, spending 1 year as the our beautiful reading rooms as Mr. of our country. commander, 379th Expeditionary Mis- Haley did, or by tapping into our rich f sion Support Group, Al Udeid Air Base, holdings secondhand, through books Qatar, in support of Operations Endur- that made use of our collections . . . REMEMBERING LIEUTENANT ing Freedom and Iraqi Freedom. She ‘‘The technology revolution of the COLONEL RICHARD ‘‘DICK’’ COLE was also hand-selected to participate in past decade has made it possible for the Mr. INHOFE. Madam President, the elite Air Force Internship program, Library to reach far beyond its build- today I wish to honor Lieutenant Colo- as well as competed to attend the ings in Washington. We now deliver 8 nel Richard ‘‘Dick’’ Cole, of the United Naval Command and Staff College and million interesting and educational States Air Force, who was the last liv- Air Force’s Air War College. multimedia documents, maps, and im- ing link of the Doolittle Raiders and Colonel Miller is married to Colonel ages of American history and culture passed away on April 9 at the age of (Retired) Rich Miller who, along with free of charge to stimulate curiosity 103. The Doolittle Raiders were com- their son Ryan, have given her unwav- and humanize the study of history. prised of 80 heroic U.S. Army Air ering support throughout her career in ‘‘By exploiting the power of the Forces airmen who flew 16 modified B– the Air Force during multiple moves internet and the incomparable re- 25 Mitchell bombers off the USS Hornet and combat deployments. sources of our collections, the Library aircraft carrier on the first Allied re- On behalf of the U.S. Congress and a of Congress has emerged as the leading taliatory strike on the Japanese Home grateful Nation, I extend our deepest provider of free noncommercial edu- Islands, just a few months after Pearl appreciation to Col. Caroline M. Miller cational content on the Web. Millions Harbor. for her dedicated service to the Senate of educators, librarians, students, and In an age before midair refueling and and to our Nation. We wish her the best lifelong learners visit our Web sites GPS, the USS Hornet weighed less than on her promotion to brigadier general daily for materials that once were a quarter of today’s fortress-like air- and her next role as chief of Air Force available only through our reading craft carriers. With then-Lt. Cole as manpower at the Pentagon. There is no rooms on Capitol Hill.’’ the copilot to then-Lt. Col. Jimmy

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.028 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE May 7, 2019 Doolittle, the B–25 Mitchell bomber ADDITIONAL STATEMENTS communities. Kate Walker of Ruston #40–2344, would take off with only 467 and Nikki Leali of New Orleans have feet of takeoff distance. This audacious been named State honorees in the 2019 and unprecedented raid was a one-way TRIBUTE TO MARK ALAGNA Prudential Spirit of Community mission against enormous odds. What ∑ Mr. ISAKSON. Madam President, Awards program, an annual honor made the mission all the more chal- today, I am honored to recognize in the granted to one high school student and lenging was a sighting by a Japanese RECORD a gentleman from whom I have one middle school student in each patrol boat that prompted the task had the opportunity to learn and to State and the District of Columbia. force commander, U.S. Navy Adm. Wil- work with through a great company lo- cated in my great home State of Geor- Ms. Walker, a sophomore at Cedar liam Halsey, to launch the mission Creek School, is being recognized for more than 650 nautical miles from gia. Mark Alagna is the vice president of UPS global public affairs and has an- raising more than $70,000 to find a cure Japan, 10 hours early and 170 nautical nounced he will retire in June after for a rare neuromuscular disease miles farther than originally planned. having served the company for 35 known as Friedreich’s ataxia, FA. In Flying at wavetop level around 200 feet years. addition to raising tens of thousands of with their radios turned off, Cole and The world headquarters for United dollars to bring awareness to FA, Kate the Raiders avoided detection for as Parcel Service, called UPS, has been used different kinds of media to spread much of the distance as possible. In based in Georgia since 1991. It is the awareness and educate the public about groups of two to four aircraft, the second-largest company in Georgia, disabilities, including hosting a local bombers targeted dry docks, armories, and in 2018, UPS earned $72 billion in screening of a documentary film about oil refineries, and aircraft factories in revenue with locations worldwide. This FA and starting a YouTube channel Yokohama, Nagoya, Osaka and Kobe, company means a lot to my State. featuring weekly videos about the chal- as well as Tokyo itself. The Japanese In addition to that, UPS is a leader lenges facing people with disabilities. air defenses were so caught off guard in delivering workforce training and Kate’s mission is to teach people the by the Raiders that little anti-aircraft mentorship programs that emphasize importance of treating people with dis- fire was volleyed and only one Japa- the development of professional skills, abilities the same as everyone else. nese Zero followed in pursuit. With safety, and efficiency. Ms. Leali, a seventh grader at Ursu- their bombs delivered, the Raiders flew As the chairman of the Sub- line Academy, is being recognized for towards safety in nonoccupied China, committee on Employment and the organizing a reading club that brings but had to bail out when their aircraft Workplace, I am always looking out for middle school students and younger ran out of fuel. Georgia companies and workers, espe- cially the ones that set the bar high. children together. Nikki organized the The bombing mission sent a message Mark Alagna has been an important club after conducting an annual book that America was ready to fight back, member of that company who has pro- donation drive for several years that and bolstered spirits on the home vided me and my staff with needed in- redistributed more than 55,000 books in front. Lt. Col. Cole remained in the formation and assistance for many her community. Nikki’s club allows China-Burma-India Theater flying years. young children to build confidence in combat and transport missions from Mark’s service to UPS is long and reading in a safe and fun environment, May 1942 to June 1943, followed by serv- distinguished, rising through the ranks while also providing middle schoolers ice with the 5th Fighter Group in as a loyal employee serving a company an opportunity to serve their commu- Tulsa, OK, from June to October 1943. that reciprocated that sense of loyalty nity. Nikki has grown her club with a He retired from the Air Force on De- and development for a good staff mem- website and corporate sponsors, and cember 31, 1966, as a command pilot ber. He has been with the company she now has 15 to 30 children regularly with more than 5,000 flight hours in 30 since 1984 when he was hired as a pack- attending her monthly meetings. different aircraft, amassing more than age car driver, delivering packages di- It is vital that we encourage and sup- 250 combat missions and more than 500 rectly to customers who depended upon port the kind of selfless contributions combat hours. His decorations include this service. For the last 24 years, he these young people have made. People the Distinguished Flying Cross with has worked in the company’s public af- of all ages need to think about how we, fairs department, looking out for the two oakleaf clusters; Air Medal with as individual citizens, can work to- company’s interests by working effec- oakleaf cluster; Bronze Star Medal; Air gether at the local level to ensure the tively with Members of Congress in Force Commendation Medal; and Chi- health and vitality of our towns and Washington, with a particular policy nese Army, Navy, Air Corps Medal, neighborhoods. Young volunteers like Class A, First Grade. All Doolittle focus on labor issues. Mark also serves as liaison to the Ms. Walker and Ms. Leali are inspiring Raiders were also awarded the Congres- examples for all of us and are among sional Gold Medal in May 2014. board of the National Coalition of Mul- tiemployer Pension Plans, is vice chair our brightest hopes for a better tomor- In his final years, Lt. Col. Cole re- of the Labor Policy Coalition, and sits row. mained a familiar face at Air Force on the labor and pension advisory com- I also would like to salute other events in the San Antonio area and mittee. Prior to joining the global pub- young people in my state who were toured Air Force schoolhouses and in- lic affairs team, Mark also managed named Distinguished Finalists by the stallations to promote the spirit of several staff and operational assign- Prudential Spirit of Community service among new generations of air- ments in the mid-Atlantic area for Awards for their outstanding volunteer men. On September 19, 2016, Lt. Col. UPS. service. They are Hailey Enamorado, Cole was present during the naming I will miss the opportunity to work 15, of Denham Springs, LA; Julianna ceremony for the Northrop Grumman with Mark, who has been a trusted as- Gouthiere, 12, of Shreveport, LA; B–21 Raider, named in honor of the sociate, and his absence will be felt at Myracle Lewis, 17, of Baton Rouge, LA; Doolittle Raiders. While he may have UPS and by all those who have had the and Grace Sun, 17, of Shreveport, LA. opportunity to work alongside him. We slipped the surly bonds of earth to re- All of these young people have dem- unite with his fellow Raiders, his leg- all wish Mark and his family the very best in a long and happy retirement.∑ onstrated a level of commitment and acy will forever live on in the hearts accomplishment that is truly extraor- f and minds of Americans. dinary in today’s world and deserve our On behalf of my colleagues in the PRUDENTIAL SPIRIT AWARD sincere admiration and respect. Their U.S. Senate, I wish to offer our eternal ∑ Mr. KENNEDY. Madam President, actions show that young Americans thanks to Lt. Col. Cole and our condo- today I wish to congratulate and honor can and do play important roles in lences to his family. May we never for- two Louisiana students who have their communities, and that America’s get the courage and honor of the Doo- achieved national recognition for ex- community spirit continues to hold little Raiders. emplary volunteer service in their tremendous promise for the future.∑

VerDate Sep 11 2014 04:27 May 08, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.026 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2683 INAUGURAL COSI SCIENCE He was later selected to return to the I extend my best wishes to Samuel in FESTIVAL United States due to his service points, celebration of his upcoming 100th ∑ Mr. PORTMAN. Madam President, leaving Naples on July 16, 1944. Paul birthday and for his service to our Na- today I wish to acknowledge the inau- was honorably discharged at Fort tion. It is my hope that the coming gural COSI Science Festival that took Meade, MD, and received the Good Con- year is filled with good health and hap- ∑ place in Columbus during the first 4 duct Medal, American Defense Service piness. days of May. COSI is a statewide Medal, and European African Middle f science center that has been engaging, Eastern Service Ribbon. After he was discharged, Paul mar- TRIBUTE TO CYNTHIA inspiring, and transforming Ohio’s BARRINGTON young citizens since 1964 and directly ried Dorothy Anderson in 1947 and ∑ Mr. RUBIO. Madam President, today impacts over 1 million people annually. graduated from Ben Franklin Univer- I recognize Cynthia Barrington, the This festival event serves as a conduit sity in 1951. He worked for the Veterans Jefferson County Teacher of the Year to involve students, educators, policy- Administration and the Internal Rev- from Jefferson-Somerset Elementary makers, and families in STEM. COSI enue Service, retiring in January 1976. School in Monticello, FL. hosted the culminating event, the Big Together they have two daughters and From a young age, Cynthia’s grand- Science Celebration, where thousands five grandchildren. mother instilled in her the importance of individuals gathered to experience I extend my best wishes to Paul in of education. In the years that fol- hands-on learning around critical in- celebration of his upcoming 100th lowed, Cynthia became passionate dustry sectors for Ohio, such as agri- birthday and for his service to our Na- about being a part of the educational culture, aerospace, and advanced man- tion. I hope the coming year brings system. Cynthia’s favorite aspect of ufacturing. him much happiness, joy, and good ∑ teaching is working with students in COSI’s Science Festival partnered health. order to have a better understanding of with NASA, DOT, and several state f how to best teach them. agencies to provide hands-on learning TRIBUTE TO SAMUEL LOMBARDO Cynthia began her career as a Jeffer- opportunities. Local mayors from 10 ∑ Mr. RUBIO. Madam President, today son County teacher and taught at Jef- partner-cities were also featured to I recognize Samuel Lombardo of Fort ferson Elementary School for 27 years. demonstrate the value of STEM in our Walton Beach, FL, who served his na- When Somerset Charter took over the communities. Pioneers in STEM of all tion in the U.S. Army during World county’s schools, she was included in ages from central Ohio were appointed War II and the Korean war. He will the school transfer of teachers. She as STEM Stars to serve as liaisons be- turn 100 years old on July 13, 2019. now teaches second grade at Jefferson- tween community and industry. Born in Italy, Samuel immigrated as Somerset Elementary School. Visitors to the science festival expe- a young boy to the United States. He I extend my sincere gratitude and rienced hands-on scientific demonstra- enlisted with the U.S. Army in Novem- best wishes to Cynthia for her dedica- tions, interactive exhibits, workshops, ber 1939 in Pennsylvania. He served as tion to teaching and look forward to and much more. Ohioans had the op- the battalion topographical sergeant in learning of her continued success in portunity to take part in an event that the 11th Infantry, 28th Infantry Divi- the years ahead.∑ will undoubtedly leave a lasting im- sion and graduated from officer can- f pact in the STEM field. didate school at Fort Benning as an in- I am honored to recognize the COSI fantry officer in July 1942. TRIBUTE TO DAVID COCHRANE Science Festival on this important After serving as an infantry basic ∑ Mr. RUBIO. Madam President, today event highlighting the impact of STEM training Instructor at Camp Fannin, I honor David Cochrane, the Franklin throughout our nation. TX, he was deployed to Europe as a County Teacher of the Year from Congratulations to all who were in- platoon leader and company executive Franklin County Middle and High ∑ volved in making it a success. officer in Company I, 394th Infantry School in Eastpoint, FL. f Regiment, 99th Division during the At his award ceremony, David ad- Battle of the Bulge. Following the bat- dressed the crowd to thank his col- TRIBUTE TO PAUL CLOUD tle, he made an American Flag for his leagues and students for supporting ∑ Mr. RUBIO. Madam President, today platoon to carry across the Danube him. He is excited to help make the I recognize Paul Vincent Cloud of River from red pillows, blue curtains, school the best it can be and holds high Niceville, FL, who served his nation in and white surrender cloths. He served expectations and standards for his stu- the U.S. Army during World War II and in the U.S. Army occupation in Ger- dents. will turn 100 years old on June 8, 2019. many and was the building officer in David believes that all students de- Paul enlisted with the U.S. Army on charge of the Palace of Justice in serve a quality education. He encour- March 1, 1941, in Huntington, WV. He Nuremburg and as the officer in charge ages his students to think about life was assigned as a supply clerk in Com- of a POW camp in Hammelburg with after high school and emphasizes that pany D, 7th Infantry Regiment, 3rd In- 350 Political POWs. they should work with all of their fantry Division, and trained at Fort Upon returning to the U.S., he at- teachers. Lewis, WA. tended school in Los Angeles, CA, be- David is a former U.S. Air Force On October 24, 1942, Paul was de- coming a Japanese linguist. He served Desert Storm veteran with 14 years of ployed as part of Task Force 34 for Op- as the operations officer, commanding teaching experience. He joined the eration Torch, landing at Fedala in officer, and assistant special agent-in- Franklin County Seahawks in 2015 and French Morocco as part of the Battle of charge of the 441st CIC Aomori, Japan, teaches algebra and physics. He also Casablanca. After its surrender, Paul’s and was a field operations intelligence serves as the mathematics coach, de- unit was temporally assigned in Rabat, officer in both South Korea and Japan partment chair, and is the sponsor of French Morocco’s capital city before after a tour as inspector general and the Mu Alpha Theta Club. moving to Algiers, Algeria. As a part of deputy chief of staff at Fort Ord, CA. I offer my sincere gratitude to David the 3rd Infantry Division, he was sent Samuel then served as an intelligence for his service to our Nation and ex- to reinforce the 1st Infantry Division officer in Saigon, Republic of Vietnam, tend my best wishes on his continued at the Kasserine Pass, Tunisia. before the U.S. formally entered the success in the years to come.∑ In July 1943, Paul left Bizerte, Tuni- conflict. He returned to Fort Ord after f sia, and landed in Sicily near Gela, becoming ill with typhoid and retired moving to Palermo and Messina as his as a lieutenant colonel in March 1, 1962. TRIBUTE TO SANDRA MCMILLAN division was ordered to Salerno and After his service, Samuel wrote a ∑ Mr. RUBIO. Madam President, today then Naples, Italy. In late spring 1944, book, ‘‘O’er the Land of the Free,’’ I recognize Sandra McMillan, the Gads- Paul landed at Anzio and advanced about his World War II experiences. He den County Teacher of the Year from with his unit to Rome to seize control has received several awards and decora- Greensboro Elementary School in of the city after the German retreat. tions for his service to our country. Quincy, FL.

VerDate Sep 11 2014 04:03 May 08, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.032 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE May 7, 2019 Sandra considers this important rec- Miami-Nova Southeastern University thousands of veterans with their ognition a new motivation for her and Center for Autism and Related Disabil- former associates. In the process, the has inspired her to do more for her stu- ities. Tom and John’s innovative ap- platform has helped veterans share sto- dents. She describes her passion for proach to advocacy has not only al- ries and photos, as well as stay in- teaching and learning as the key to de- lowed for their business to grow, but formed about upcoming reunions and veloping a curriculum that sets the has also allowed more small firms to events. Currently, the business em- best example for students to take with hire individuals with autism. ploys over 25 South Carolinians, and al- them after they graduate. Rising Tide’s mission has sparked na- most all have a close relative or part- Sandra provides her students with a tional attention. Tom has appeared be- ner who is enlisted or has served. template for hard work and dedication fore the United Nations on World Au- The team at VetFriends has a long- to success through her time teaching tism Awareness day, was selected to standing tradition of supporting the at the college level. Sandra’s students serve on the Young Entrepreneur Coun- veteran community and are regularly describe her class as a great learning cil, and was included in Forbes 30 seen volunteering at the Ralph H. environment that inspires them to Under 30 for social entrepreneurship. Johnson VA Medical Center. Addition- achieve success. Additionally, Rising Tide and the D’Eri ally, the business has taken an active Sandra has been a teacher for 11 family have been featured on The Hero role working with the Wounded War- years, with the last 5 in the Gadsden Effect, The Today Show, NBC News, rior Project and the Patriots Point County School District. She has taught TED Talks, Forbes, and People Maga- Naval and Maritime Museum in exceptional students education at zine. Rising Tide has also been named Charleston. It is clear that VetFriend’s Greensboro Elementary School for the Small Business of the Year by South values and goals not only enhance past 2 years and previously taught at Florida Business Connection and Em- their business plan but also improve the college level for 6 years. ployer of the Year by the Autism Soci- the community that they belong to. I extend my sincere thanks and grati- ety. As we highlight the role that small tude to Sandra for her dedication to Rising Tide is more than just a suc- businesses play throughout this week, teaching her students and look forward cessful business; they are an inspira- it is my pleasure to honor the hard to hearing of her continued success in tion. John and Tom have combined the work that VetFriends is doing in the the years to come.∑ principles of entrepreneurship and so- great State of South Carolina. They f cial engagement to create a revolu- are a tremendous example of the way tionary program. Running a successful small businesses create innovative so- RECOGNIZING RISING TIDE CAR small business is difficult enough; yet lutions, as well as give back to the WASH John and Tom D’Eri have found a way community; I wish them nothing but ∑ Mr. RUBIO. Madam President, this to simultaneously engage and encour- success in their future endeavors.∑ week the U.S. Senate Committee on age truly deserving individuals. Their f Small Business and Entrepreneurship employees have found a community, MEASURES PLACED ON THE joins more than 30 million small busi- friends, and gained valuable experience CALENDAR nesses across our Nation in celebration that will serve them for the rest of of National Small Business Week. their lives. The following bills were read the sec- Small businesses drive our Nation’s Starting out with a simple mission of ond time, and placed on the calendar: economic expansion, generate lasting helping a family member find an en- S. 1332. A bill to set forth the congressional job growth, and encourage community gaging job, John and Tom have grown budget for the United States Government for development. It is important that we Rising Tide into a business that pro- fiscal year 2020 and setting forth the appro- recognize the vital contributions of vides both a valuable community serv- priate budgetary levels for fiscal years 2021 small businesses. In celebration of Na- through 2029. ice and dignified work. I am honored to H.R. 9. An act to direct the President to tional Small Business Week, it is my recognize the D’Eri family and the en- develop a plan for the United States to meet honor name Rising Tide Car Wash of tire team at Rising Tide Car Wash as its nationally determined contribution under Parkland and Margate, FL, as the Sen- the Senate Small Business of the Week. the Paris Agreement, and for other purposes. ate Small Business of the Week. You make Florida proud, and I look f Founded in November 2012 by John forward to watching your continued EXECUTIVE AND OTHER D’Eri and his son, Tom, Rising Tide is growth and success.∑ COMMUNICATIONS a full-service car wash with the mis- f sion of employing adults with autism. The following communications were Andrew D’Eri, John’s other son, is au- RECOGNIZING VETFRIENDS laid before the Senate, together with tistic. As Andrew neared the end of his ∑ Mr. SCOTT of South Carolina. accompanying papers, reports, and doc- academic career, John brainstormed Madam President, as a member of the uments, and were referred as indicated: ways to help him find a dignified job. Senate Committee on Small Business EC–1176. A communication from the Chief Noting his son’s embrace of structure, and Entrepreneurship, it is my privi- of Staff, Media Bureau, Federal Communica- process, and attention to detail, John lege to honor a South Carolina small tions Commission, transmitting, pursuant to landed on the idea of buying a car business during the U.S. Small Busi- law, the report of a rule entitled ‘‘Stream- wash. Since purchasing the struggling ness Administration’s National Small lined Reauthorization Procedures for As- signed or Transferred Television Satellite car wash 9 years ago, John and Tom Business Week. In my State, small Stations; Modernization of Media Regulation have grown the business to include a business owners work hard to con- Initiative’’ ((FCC 19–17) (MB Docket Nos. 18– second location, going from washing tribute to our local economy and serve 63 and 17–105)) received during adjournment 35,000 cars per year to more than 150,000 South Carolina communities. Today, it of the Senate in the Office of the President annually. is my honor to recognize VetFriends of of the Senate on April 15, 2019; to the Com- Today, Rising Tide is one of the larg- Mount Pleasant, SC, as the Senate mittee on Commerce, Science, and Transpor- est employers of individuals with au- Small Business of the Day. tation. EC–1177. A communication from the Chief tism in the United States. In fact, Ris- Dale Sutcliffe, a U.S. Marine Corps of Staff, Media Bureau, Federal Communica- ing Tide views autism as their com- veteran of Desert Storm, founded tions Commission, transmitting, pursuant to petitive advantage, giving dignified VetFriends nearly 20 years ago with law, the report of a rule entitled ‘‘Channel work, structure, and hope to 90 individ- the mission of reuniting veterans. Fol- Lineup Requirements - Sections 76.1705 and uals with autism. Their work has not lowing his service, Dale realized the 76.1700(a) (4); Modernization of Media Regula- stopped there. Rising Tide is also a benefit that a national registry of vet- tion Initiative’’ ((FCC 19–33) (MB Docket leading advocate for autism awareness. erans could have and quickly set up a Nos. 18–92 and 17–105)) received in the Office In an effort to aid other entrepreneurs platform where veterans can reconnect of the President of the Senate on April 29, 2019; to the Committee on Commerce, looking to build an autism social en- with their fellow servicemembers dur- Science, and Transportation. terprise, Tom and John created Rising ing their time serving our country. The EC–1178. A communication from the Chief Tide U, an online course offered in VetFriends platform has over 2.5 mil- of Staff, Media Bureau, Federal Communica- partnership with the University of lion members and has brought together tions Commission, transmitting, pursuant to

VerDate Sep 11 2014 04:45 May 08, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.037 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2685 law, the report of a rule entitled ‘‘Television journment of the Senate in the Office of the Committee on Commerce, Science, and Broadcasting Services; Bridgeport and Stam- President of the Senate on April 24, 2019; to Transportation. ford, Connecticut’’ ((DA 19–264) (MB Docket the Committee on Commerce, Science, and EC–1195. A communication from the Man- No. 18–126)) received in the Office of the Transportation. agement and Program Analyst, Federal President of the Senate on April 29, 2019; to EC–1187. A communication from the Attor- Aviation Administration, Department of the Committee on Commerce, Science, and ney-Advisor, U.S. Coast Guard, Department Transportation, transmitting, pursuant to Transportation. of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Airworthi- EC–1179. A communication from the Chief ant to law, the report of a rule entitled ‘‘Se- ness Directives; Airbus Helicopters Deutsch- of Staff, Media Bureau, Federal Communica- curity Zones; Corpus Christi Ship Channel, land GmbH Helicopters’’ ((RIN2120–AA64) tions Commission, transmitting, pursuant to Corpus Christi, TX’’ ((RIN1625–AA87) (Docket (Docket No. FAA–2016–9395)) received during law, the report of a rule entitled ‘‘Use of No. USCG–2019–0217)) received during ad- adjournment of the Senate in the Office of Spectrum Bands Above 24 GHz for Mobile journment of the Senate in the Office of the the President of the Senate on May 3, 2019; to Radio Services’’ ((FCC 19–30) (GN Docket No. President of the Senate on April 22, 2019; to the Committee on Commerce, Science, and 14–177)) received in the Office of the Presi- the Committee on Commerce, Science, and Transportation. dent of the Senate on April 29, 2019; to the Transportation. EC–1196. A communication from the Man- Committee on Commerce, Science, and EC–1188. A communication from the Attor- agement and Program Analyst, Federal Transportation. ney-Advisor, U.S. Coast Guard, Department Aviation Administration, Department of EC–1180. A communication from the Attor- of Homeland Security, transmitting, pursu- Transportation, transmitting, pursuant to ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled ‘‘Spe- law, the report of a rule entitled ‘‘Airworthi- of Homeland Security, transmitting, pursu- cial Local Regulation; Choptank River, Cam- ness Directives; Airbus Helicopters Deutsch- ant to law, the report of a rule entitled bridge, MD’’ ((RIN1625–AA08) (Docket No. land GmbH Helicopters’’ ((RIN2120–AA64) ‘‘Safety Zone; Sabine River, Orange, TX’’ USCG–2019–0051)) received during adjourn- (Docket No. FAA–2017–1085)) received during ((RIN1625–AA00) (Docket No. USCG–2019– ment of the Senate in the Office of the Presi- adjournment of the Senate in the Office of 0160)) received during adjournment of the dent of the Senate on April 22, 2019; to the the President of the Senate on April 24, 2019; Senate in the Office of the President of the Committee on Commerce, Science, and to the Committee on Commerce, Science, Senate on April 24, 2019; to the Committee on Transportation. and Transportation. Commerce, Science, and Transportation. EC–1189. A communication from the Attor- EC–1197. A communication from the Man- EC–1181. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- Transportation, transmitting, pursuant to ant to law, the report of a rule entitled cial Local Regulation; Ohio River, Louis- law, the report of a rule entitled ‘‘Airworthi- ‘‘Safety Zone; Mississippi Sound, Biloxi, ville, KY’’ ((RIN1625–AA08) (Docket No. ness Directives; Airbus Helicopters Deutsch- MS’’ ((RIN1625–AA00) (Docket No. USCG– USCG–2019–0163)) received during adjourn- land GmbH Helicopters’’ ((RIN2120–AA64) 2019–0222)) received during adjournment of ment of the Senate in the Office of the Presi- (Docket No. FAA–2017–1085)) received during the Senate in the Office of the President of dent of the Senate on April 22, 2019; to the adjournment of the Senate in the Office of the Senate on April 24, 2019; to the Com- Committee on Commerce, Science, and the President of the Senate on April 24, 2019; mittee on Commerce, Science, and Transpor- Transportation. to the Committee on Commerce, Science, tation. EC–1190. A communication from the Attor- and Transportation. EC–1182. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department EC–1198. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- Aviation Administration, Department of ant to law, the report of a rule entitled cial Local Regulation; Lake of Ozarks, Vil- Transportation, transmitting, pursuant to ‘‘Safety Zone; Xterra Swim, Intracoastal lage of Four Seasons, MO’’ ((RIN1625–AA08) law, the report of a rule entitled ‘‘Airworthi- Waterway; Myrtle Beach, SC’’ ((RIN1625– (Docket No. USCG–2019–0205)) received dur- ness Directives; Airbus SAS Airplanes’’ AA00) (Docket No. USCG–2019–0024)) received ing adjournment of the Senate in the Office ((RIN2120–AA64) (Docket No. FAA–2018–0704)) during adjournment of the Senate in the Of- of the President of the Senate on April 24, received during adjournment of the Senate fice of the President of the Senate on April 2019; to the Committee on Commerce, in the Office of the President of the Senate 24, 2019; to the Committee on Commerce, Science, and Transportation. on April 24, 2019; to the Committee on Com- Science, and Transportation. EC–1191. A communication from the Attor- merce, Science, and Transportation. EC–1183. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department EC–1199. A communication from the Man- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- agement and Program Analyst, Federal of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘Spe- Aviation Administration, Department of ant to law, the report of a rule entitled cial Local Regulation; Bush River and Otter Transportation, transmitting, pursuant to ‘‘Safety Zone; Lake of the Ozarks, Osage Point Creek, Harford County, MD’’ law, the report of a rule entitled ‘‘Airworthi- Beach, MO’’ ((RIN1625–AA00) (Docket No. ((RIN1625–AA08) (Docket No. USCG–2019– ness Directives; Airbus SAS Airplanes’’ USCG–2019–0113)) received in the Office of the 0083)) received during adjournment of the ((RIN2120–AA64) (Docket No. FAA–2018–0903)) President of the Senate on May 1, 2019; to the Senate in the Office of the President of the received during adjournment of the Senate Committee on Commerce, Science, and Senate on April 24, 2019; to the Committee on in the Office of the President of the Senate Transportation. Commerce, Science, and Transportation. on May 3, 2019; to the Committee on Com- EC–1184. A communication from the Attor- EC–1192. A communication from the Attor- merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department EC–1200. A communication from the Man- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- agement and Program Analyst, Federal ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Spe- Aviation Administration, Department of ‘‘Safety Zone; Sail Grand Prix 2019 Practice cial Local Regulation; Lake Pontchartrain, Transportation, transmitting, pursuant to Days Safety Zone for Sailing Vessels; San New Orleans, LA’’ ((RIN1625–AA08) (Docket law, the report of a rule entitled ‘‘Airworthi- Francisco, CA’’ ((RIN1625–AA00) (Docket No. No. USCG–2019–0058)) received in the Office of ness Directives; Airbus SAS Airplanes’’ USCG–2019–0101)) received in the Office of the the President of the Senate on May 1, 2019; to ((RIN2120–AA64) (Docket No. FAA–2018–1009)) President of the Senate on May 1, 2019; to the the Committee on Commerce, Science, and received during adjournment of the Senate Committee on Commerce, Science, and Transportation. in the Office of the President of the Senate Transportation. EC–1193. A communication from the Attor- on April 24, 2019; to the Committee on Com- EC–1185. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- EC–1201. A communication from the Man- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled agement and Program Analyst, Federal ant to law, the report of a rule entitled ‘‘Se- ‘‘Drawbridge Operation Regulation; Youngs Aviation Administration, Department of curity Zone; Cumberland River, Nashville, Bay and Lewis and Clark River, Astoria, OR’’ Transportation, transmitting, pursuant to TN’’ ((RIN1625–AA87) (Docket No. USCG– ((RIN1625–AA09) (Docket No. USCG–2018– law, the report of a rule entitled ‘‘Airworthi- 2019–0152)) received during adjournment of 0131)) received in the Office of the President ness Directives; Airbus SAS Airplanes’’ the Senate in the Office of the President of of the Senate on May 1, 2019; to the Com- ((RIN2120–AA64) (Docket No. FAA–2018–1063)) the Senate on April 24, 2019; to the Com- mittee on Commerce, Science, and Transpor- received during adjournment of the Senate mittee on Commerce, Science, and Transpor- tation. in the Office of the President of the Senate tation. EC–1194. A communication from the Attor- on April 24, 2019; to the Committee on Com- EC–1186. A communication from the Attor- ney-Advisor, U.S. Coast Guard, Department merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- EC–1202. A communication from the Man- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘An- agement and Program Analyst, Federal ant to law, the report of a rule entitled ‘‘Se- chorage Grounds; Baltimore Harbor, Balti- Aviation Administration, Department of curity Zones; Corpus Christi Ship Channel, more, MD’’ ((RIN1625–AA01) (Docket No. Transportation, transmitting, pursuant to Corpus Christi, TX’’ ((RIN1625–AA87) (Docket USCG–2017–0181)) received in the Office of the law, the report of a rule entitled ‘‘Airworthi- No. USCG–2019–0206)) received during ad- President of the Senate on May 1, 2019; to the ness Directives; Airbus SAS Airplanes’’

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.006 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE May 7, 2019 ((RIN2120–AA64) (Docket No. FAA–2019–0121)) ness Directives; Bombardier, Inc., Airplanes’’ Aviation Administration, Department of received during adjournment of the Senate ((RIN2120–AA64) (Docket No. FAA–2018–0634)) Transportation, transmitting, pursuant to in the Office of the President of the Senate received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- on April 24, 2019; to the Committee on Com- in the Office of the President of the Senate ness Directives; International Aero Engines merce, Science, and Transportation. on April 24, 2019; to the Committee on Com- Turbofan Engines’’ ((RIN2120–AA64) (Docket EC–1203. A communication from the Man- merce, Science, and Transportation. No. FAA–2018–0735)) received during adjourn- agement and Program Analyst, Federal EC–1211. A communication from the Man- ment of the Senate in the Office of the Presi- Aviation Administration, Department of agement and Program Analyst, Federal dent of the Senate on April 24, 2019; to the Transportation, transmitting, pursuant to Aviation Administration, Department of Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to Transportation. ness Directives; Airbus SAS Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- EC–1219. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2019–0122)) ness Directives; Bombardier, Inc., Airplanes’’ agement and Program Analyst, Federal received during adjournment of the Senate ((RIN2120–AA64) (Docket No. FAA–2018–0965)) Aviation Administration, Department of in the Office of the President of the Senate received during adjournment of the Senate Transportation, transmitting, pursuant to on April 24, 2019; to the Committee on Com- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. on May 3, 2019; to the Committee on Com- ness Directives; International Aero Engines EC–1204. A communication from the Man- merce, Science, and Transportation. AG Turbofan Engines’’ ((RIN2120–AA64) agement and Program Analyst, Federal EC–1212. A communication from the Man- (Docket No. FAA–2019–0151)) received during Aviation Administration, Department of agement and Program Analyst, Federal adjournment of the Senate in the Office of Transportation, transmitting, pursuant to Aviation Administration, Department of the President of the Senate on April 24, 2019; law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to to the Committee on Commerce, Science, ness Directives; Airbus SAS Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- and Transportation. ((RIN2120–AA64) (Docket No. FAA–2019–0190)) ness Directives; Dassault Aviation Air- EC–1220. A communication from the Man- received during adjournment of the Senate planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal in the Office of the President of the Senate 2018–0706)) received during adjournment of Aviation Administration, Department of on April 24, 2019; to the Committee on Com- the Senate in the Office of the President of Transportation, transmitting, pursuant to merce, Science, and Transportation. the Senate on May 3, 2019; to the Committee law, the report of a rule entitled ‘‘Airworthi- EC–1205. A communication from the Man- on Commerce, Science, and Transportation. ness Directives; Northrop Grumman LITEF agement and Program Analyst, Federal EC–1213. A communication from the Man- GmbH LCR–100 Attitude and Heading Ref- Aviation Administration, Department of agement and Program Analyst, Federal erence System Units’’ ((RIN2120–AA64) Transportation, transmitting, pursuant to Aviation Administration, Department of (Docket No. FAA–2017–0522)) received during law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to adjournment of the Senate in the Office of ness Directives; Airbus SAS Airplanes’’ law, the report of a rule entitled ‘‘Airworthi- the President of the Senate on May 3, 2019; to ((RIN2120–AA64) (Docket No. FAA–2019–0191)) ness Directives; Dassault Aviation Air- the Committee on Commerce, Science, and received during adjournment of the Senate planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation. in the Office of the President of the Senate 2018–1010)) received during adjournment of EC–1221. A communication from the Man- agement and Program Analyst, Federal on April 24, 2019; to the Committee on Com- the Senate in the Office of the President of Aviation Administration, Department of merce, Science, and Transportation. the Senate on April 24, 2019; to the Com- Transportation, transmitting, pursuant to EC–1206. A communication from the Man- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal tation. Aviation Administration, Department of EC–1214. A communication from the Man- ness Directives; Pacific Aerospace Limited Transportation, transmitting, pursuant to agement and Program Analyst, Federal Airplanes’’ ((RIN2120–AA64) (Docket No. law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of FAA–2018–0895)) received during adjournment ness Directives; Bell Helicopter Textron Can- Transportation, transmitting, pursuant to of the Senate in the Office of the President of the Senate on April 24, 2019; to the Com- ada Limited Helicopters’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- (Docket No. FAA–2017–0433)) received during ness Directives; GA 8 Airvan (Pty) Ltd. Air- tation. adjournment of the Senate in the Office of planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–1222. A communication from the Man- the President of the Senate on April 24, 2019; 2018–0771)) received during adjournment of agement and Program Analyst, Federal to the Committee on Commerce, Science, the Senate in the Office of the President of Aviation Administration, Department of and Transportation. the Senate on May 3, 2019; to the Committee Transportation, transmitting, pursuant to EC–1207. A communication from the Man- on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal EC–1215. A communication from the Man- ness Directives; Pilatus Aircraft Ltd. Air- Aviation Administration, Department of agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to Aviation Administration, Department of 2019–0205)) received during adjournment of law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to the Senate in the Office of the President of ness Directives; The Boeing Company Air- law, the report of a rule entitled ‘‘Airworthi- the Senate on April 24, 2019; to the Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Honeywell International Inc. mittee on Commerce, Science, and Transpor- 2017–1241)) received during adjournment of Turbofan Engines’’ ((RIN2120–AA64) (Docket tation. the Senate in the Office of the President of No. FAA–2018–0719)) received during adjourn- EC–1223. A communication from the Man- the Senate on May 3, 2019; to the Committee ment of the Senate in the Office of the Presi- agement and Program Analyst, Federal on Commerce, Science, and Transportation. dent of the Senate on April 24, 2019; to the Aviation Administration, Department of EC–1208. A communication from the Man- Committee on Commerce, Science, and Transportation, transmitting, pursuant to agement and Program Analyst, Federal Transportation. law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of EC–1216. A communication from the Man- ness Directives; Pratt & Whitney Division Transportation, transmitting, pursuant to agement and Program Analyst, Federal (PW) Turbofan Engines’’ ((RIN2120–AA64) law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of (Docket No. FAA–2018–0920)) received during ness Directives; The Boeing Company Air- Transportation, transmitting, pursuant to adjournment of the Senate in the Office of planes’’ ((RIN2120–AA64) (Docket No. FAA– law, the report of a rule entitled ‘‘Airworthi- the President of the Senate on April 24, 2019; 2018–0899)) received during adjournment of ness Directives; HPH s.r.o. Gilders’’ to the Committee on Commerce, Science, the Senate in the Office of the President of ((RIN2120–AA64) (Docket No. FAA–2019–0202)) and Transportation. the Senate on May 3, 2019; to the Committee received during adjournment of the Senate EC–1224. A communication from the Man- on Commerce, Science, and Transportation. in the Office of the President of the Senate agement and Program Analyst, Federal EC–1209. A communication from the Man- on April 24, 2019; to the Committee on Com- Aviation Administration, Department of agement and Program Analyst, Federal merce, Science, and Transportation. Transportation, transmitting, pursuant to Aviation Administration, Department of EC–1217. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ness Directives; Pratt & Whitney Division law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of (PW) Turbofan Engines’’ ((RIN2120–AA64) ness Directives; The Boeing Company Air- Transportation, transmitting, pursuant to (Docket No. FAA–2018–0924)) received during planes’’ ((RIN2120–AA64) (Docket No. FAA– law, the report of a rule entitled ‘‘Airworthi- adjournment of the Senate in the Office of 2018–0899)) received during adjournment of ness Directives; International Aero Engines the President of the Senate on April 24, 2019; the Senate in the Office of the President of Turbofan Engines’’ ((RIN2120–AA64) (Docket to the Committee on Commerce, Science, the Senate on May 3, 2019; to the Committee No. FAA–2018–0735)) received during adjourn- and Transportation. on Commerce, Science, and Transportation. ment of the Senate in the Office of the Presi- EC–1225. A communication from the Man- EC–1210. A communication from the Man- dent of the Senate on April 24, 2019; to the agement and Program Analyst, Federal agement and Program Analyst, Federal Committee on Commerce, Science, and Aviation Administration, Department of Aviation Administration, Department of Transportation. Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to EC–1218. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Pratt & Whitney Division

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.008 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2687 (PW) Turbofan Engines’’ ((RIN2120–AA64) and Medicaid Services, Department of By Mr. WICKER (for himself and Mr. (Docket No. FAA–2018–0924)) received during Health and Human Services, transmitting, BLUMENTHAL): adjournment of the Senate in the Office of pursuant to law, the report of a rule entitled S. 1341. A bill to adopt a certain California the President of the Senate on April 24, 2019; ‘‘Medicaid Program; Reassignment of Med- flammability standard as a Federal flamma- to the Committee on Commerce, Science, icaid Provider Claims’’ (RIN0938–AT61) re- bility standard to protect against the risk of and Transportation. ceived in the Office of the President of the upholstered furniture flammability, and for EC–1226. A communication from the Man- Senate on May 6, 2019; to the Committee on other purposes; to the Committee on Com- agement and Program Analyst, Federal Finance. merce, Science, and Transportation. Aviation Administration, Department of EC–1235. A communication from the Dep- By Mr. PETERS (for himself and Mr. Transportation, transmitting, pursuant to uty Assistant Attorney General, Office of YOUNG): law, the report of a rule entitled ‘‘Airworthi- Legal Policy, Department of Justice, trans- S. 1342. A bill to require the Under Sec- ness Directives; Robinson Helicopter Com- mitting, pursuant to law, the report of a rule retary for Oceans and Atmosphere to update pany Helicopters’’ ((RIN2120–AA64) (Docket entitled ‘‘Civil Monetary Penalties Inflation periodically the environmental sensitivity No. FAA–2017–1236)) received during adjourn- Adjustment’’ (Docket No. OAG 148) received index products of the National Oceanic and ment of the Senate in the Office of the Presi- during adjournment of the Senate in the Of- Atmospheric Administration for each coastal dent of the Senate on April 24, 2019; to the fice of the President of the Senate on May 3, area of the Great Lakes, and for other pur- Committee on Commerce, Science, and 2019; to the Committee on the Judiciary. poses; to the Committee on Commerce, Transportation. EC–1236. A communication from the Chief Science, and Transportation. EC–1227. A communication from the Man- of the Fiscal and Contract Law Unit, Federal By Mr. BOOKER (for himself, Ms. agement and Program Analyst, Federal Bureau of Investigation, Department of Jus- BALDWIN, Ms. WARREN, Ms. HARRIS, Aviation Administration, Department of tice, transmitting, pursuant to law, the re- Mrs. GILLIBRAND, Mr. BLUMENTHAL, Transportation, transmitting, pursuant to port of a rule entitled ‘‘Federal Bureau of In- and Ms. HIRONO): law, the report of a rule entitled ‘‘Airworthi- vestigation’s National Policy Act Regula- S. 1343. A bill to amend title XIX and XXI ness Directives; Rolls-Royce PLC Turbofan tions’’ (RIN1110–AA32) received in the Office of the Social Security Act to improve Med- Engines’’ ((RIN2120–AA64) (Docket No. FAA– of the President of the Senate on May 2, 2019; icaid and the Children’s Health Insurance 2018–0611)) received during adjournment of to the Committee on the Judiciary. Program for low-income mothers; to the the Senate in the Office of the President of f Committee on Finance. the Senate on May 3, 2019; to the Committee By Mr. BOOKER (for himself, Mr. on Commerce, Science, and Transportation. INTRODUCTION OF BILLS AND SCOTT of South Carolina, Mr. YOUNG, EC–1228. A communication from the Man- JOINT RESOLUTIONS and Ms. HASSAN): agement and Program Analyst, Federal The following bills and joint resolu- S. 1344. A bill to require the Secretary of Aviation Administration, Department of the Treasury to collect data and issue a re- Transportation, transmitting, pursuant to tions were introduced, read the first port on the opportunity zone tax incentives law, the report of a rule entitled ‘‘Airworthi- and second times by unanimous con- enacted by the 2017 tax reform legislation, ness Directives; Vulcanair S.p.A. Airplanes’’ sent, and referred as indicated: and for other purposes; to the Committee on ((RIN2120–AA64) (Docket No. FAA–2019–0210)) By Ms. WARREN (for herself and Mr. Finance. received during adjournment of the Senate WARNER): By Mr. HEINRICH (for himself, Ms. in the Office of the President of the Senate S. 1336. A bill to create an Office of Cyber- SINEMA, Ms. MCSALLY, and Mr. ALEX- on April 24, 2019; to the Committee on Com- security at the Federal Trade Commission ANDER): merce, Science, and Transportation. S. 1345. A bill to amend and reauthorize the EC–1229. A communication from the Man- for supervision of data security at consumer Morris K. Udall and Stewart L. Udall Foun- agement and Program Analyst, Federal reporting agencies, to require the promulga- dation Act; to the Committee on Environ- Aviation Administration, Department of tion of regulations establishing standards for ment and Public Works. Transportation, transmitting, pursuant to effective cybersecurity at consumer report- By Mr. BOOKER (for himself, Mr. law, the report of a rule entitled ‘‘Airworthi- ing agencies, to impose penalties on credit MERKLEY, Ms. CORTEZ MASTO, and ness Directives; Zodiac Seats France Cabin reporting agencies for cybersecurity Mrs. GILLIBRAND): Attendant Seats’’ ((RIN2120–AA64) (Docket breaches that put sensitive consumer data at S. 1346. A bill to amend the Higher Edu- No. FAA–2017–0839)) received during adjourn- risk, and for other purposes; to the Com- cation Act of 1965 to require the Secretary to ment of the Senate in the Office of the Presi- mittee on Banking, Housing, and Urban Af- provide for the use of data from the second dent of the Senate on April 24, 2019; to the fairs. preceding tax year to carry out the sim- Committee on Commerce, Science, and By Mr. SCHATZ (for himself, Mr. DUR- plification of applications for the estimation Transportation. BIN, Ms. KLOBUCHAR, Mr. MERKLEY, EC–1230. A communication from the Acting Mr. BOOKER, Mr. CARDIN, Mr. and determination of financial aid eligi- Secretary of Defense, transmitting a report BLUMENTHAL, Mr. VAN HOLLEN, and bility, to increase the income threshold to on the approved retirement of General Mr. BENNET): qualify for a student aid index equal to or Thomas D. Waldhauser, United States Ma- S. 1337. A bill to amend title 18, United less than zero, and for other purposes; to the rine Corps, and his advancement to the grade States Code, to establish an Office of Correc- Committee on Health, Education, Labor, and of general on the retired list; to the Com- tional Education, and for other purposes; to Pensions. mittee on Armed Services. the Committee on the Judiciary. By Mr. RUBIO: EC–1231. A communication from the Alter- By Mr. SCHATZ (for himself, Mr. DUR- S. 1347. A bill to require the United States nate Federal Register Liaison Officer, Office BIN, Mr. BOOKER, Mr. BLUMENTHAL, Postal Service to designate a single, unique of the Secretary, Department of Defense, Mr. MARKEY, Ms. WARREN, Mr. ZIP code for particular communities; to the transmitting, pursuant to law, the report of CARDIN, Mr. MERKLEY, Ms. Committee on Homeland Security and Gov- a rule entitled ‘‘Foreign Criminal and Civil DUCKWORTH, Ms. CORTEZ MASTO, Mr. ernmental Affairs. Jurisdiction’’ (RIN0790–AI89) received in the MURPHY, Ms. HARRIS, Mr. VAN HOL- By Mr. SASSE (for himself, Mr. KING, Office of the President of the Senate on May LEN, Mr. BROWN, Ms. KLOBUCHAR, Ms. Mr. ROUNDS, and Mrs. GILLIBRAND): 6, 2019; to the Committee on Armed Services. BALDWIN, and Mr. SANDERS): S. 1348. A bill to require the Secretary of EC–1232. A communication from the Man- S. 1338. A bill to amend the Higher Edu- Defense to conduct a study on agement Analyst, Department of the Army, cation Act of 1965 to direct the Secretary of cyberexploitation of members of the Armed Department of Defense, transmitting, pursu- Education to issue guidance and rec- Forces and their families, and for other pur- ant to law, the report of a rule entitled ommendations for institutions of higher edu- poses; to the Committee on Armed Services. ‘‘Regulations Affecting Military Reserva- cation on removing criminal and juvenile By Mr. THUNE (for himself and Mr. tions’’ (RIN0790–AA95) received in the Office justice questions from their application for PETERS): of the President of the Senate on May 6, 2019; admissions process; to the Committee on S. 1349. A bill to expand enrollment in TSA to the Committee on Armed Services. Health, Education, Labor, and Pensions. PreCheck to expedite commercial travel EC–1233. A communication from the Regu- By Ms. ERNST (for herself and Ms. screening and improve airport security; to lations Coordinator, Centers for Medicare SINEMA): the Committee on Commerce, Science, and and Medicaid Services, Department of S. 1339. A bill to require greater trans- Transportation. Health and Human Services, transmitting, parency for Federal regulatory decisions By Mr. CASSIDY (for himself, Mr. pursuant to law, the report of a rule entitled that impact small businesses; to the Com- KING, Mrs. BLACKBURN, Mrs. SHA- ‘‘Medicare Program; Changes to the Medi- mittee on Homeland Security and Govern- HEEN, Mr. CRAMER, Mr. WICKER, Ms. care Claims and Medicare Prescription Drug mental Affairs. MURKOWSKI, and Mr. MANCHIN): Coverage Determination Appeals Proce- By Mr. MENENDEZ: S. 1350. A bill to amend the Public Health dures’’ (RIN0938–AT27) received in the Office S. 1340. A bill to authorize activities to Service Act to limit the liability of health of the President of the Senate on May 6, 2019; combat the Ebola outbreak in the Demo- care professionals who volunteer to provide to the Committee on Finance. cratic Republic of the Congo, and for other health care services in response to a disaster; EC–1234. A communication from the Regu- purposes; to the Committee on Foreign Rela- to the Committee on Health, Education, lations Coordinator, Centers for Medicare tions. Labor, and Pensions.

VerDate Sep 11 2014 18:58 Aug 02, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD19\MAY\S07MY9.REC S07MY9 S2688 CONGRESSIONAL RECORD — SENATE May 7, 2019 By Ms. KLOBUCHAR (for herself, Ms. S. 151 (Mr. SCHATZ) was added as a cosponsor SMITH, Ms. HIRONO, and Mrs. FEIN- At the request of Mr. THUNE, the of S. 546, a bill to extend authorization STEIN): name of the Senator from Vermont for the September 11th Victim Com- S. 1351. A bill to amend the Internal Rev- (Mr. LEAHY) was added as a cosponsor enue Code of 1986 to provide an income tax pensation Fund of 2001 through fiscal credit for eldercare expenses; to the Com- of S. 151, a bill to deter criminal year 2090, and for other purposes. mittee on Finance. robocall violations and improve en- S. 559 By Mr. CASEY (for himself, Ms. KLO- forcement of section 227(b) of the Com- At the request of Mr. TESTER, the BUCHAR, and Ms. HARRIS): munications Act of 1934, and for other name of the Senator from Michigan S. 1352. A bill to establish a Federal Advi- purposes. (Ms. STABENOW) was added as a cospon- sory Council to Support Victims of Gun Vio- S. 225 lence; to the Committee on the Judiciary. sor of S. 559, a bill to amend the Fam- At the request of Mr. ISAKSON, the By Mr. CASEY: ily and Medical Leave Act of 1993 to S. 1353. A bill to amend the Child Abuse name of the Senator from West Vir- provide leave because of the death of a Prevention and Treatment Act to require ginia (Mrs. CAPITO) was added as a co- son or daughter. mandatory reporting of incidents of child sponsor of S. 225, a bill to provide for S. 577 abuse or neglect, and for other purposes; to partnerships among State and local At the request of Mr. LANKFORD, the the Committee on Health, Education, Labor, governments, regional entities, and the name of the Senator from Colorado and Pensions. private sector to preserve, conserve, (Mr. GARDNER) was added as a cospon- By Mr. DURBIN (for himself, Mr. REED, and enhance the visitor experience at and Ms. WARREN): sor of S. 577, a bill to require the estab- S. 1354. A bill to require certain protec- nationally significant battlefields of lishment of a process for excluding ar- tions for student loan borrowers, and for the American Revolution, War of 1812, ticles imported from the People’s Re- other purposes; to the Committee on Health, and Civil War, and for other purposes. public of China from certain duties im- Education, Labor, and Pensions. S. 284 posed under section 301 of the Trade By Mr. BENNET (for himself, Mr. ISAK- At the request of Mr. ISAKSON, the Act of 1974, and for other purposes. SON, Mr. BLUNT, Ms. COLLINS, Mr. name of the Senator from Indiana (Mr. COONS, Ms. CORTEZ MASTO, Mr. S. 599 BRAUN) was added as a cosponsor of S. MERKLEY, Mr. PORTMAN, Mrs. SHA- At the request of Mr. COTTON, the 284, a bill to provide for a biennial HEEN, and Mr. WICKER): name of the Senator from Missouri budget process and a biennial appro- S. 1355. A bill to amend the Internal Rev- (Mr. HAWLEY) was added as a cosponsor priations process and to enhance over- enue Code of 1986 to provide an exclusion of S. 599, a bill to amend the Immigra- from gross income for AmeriCorps edu- sight and the performance of the Fed- tion and Nationality Act with respect cational awards; to the Committee on Fi- eral Government. to aliens associated with criminal nance. S. 362 By Ms. KLOBUCHAR (for herself, Mr. gangs, and for other purposes. At the request of Mr. WYDEN, the GRAHAM, and Mr. WARNER): S. 606 S. 1356. A bill to enhance transparency and name of the Senator from Indiana (Mr. YOUNG) was added as a cosponsor of S. At the request of Mr. BLUMENTHAL, accountability for online political advertise- the name of the Senator from Colorado ments by requiring those who purchase and 362, a bill to amend the Internal Rev- publish such ads to disclose information enue Code of 1986 to reform taxation of (Mr. GARDNER) was added as a cospon- about the advertisements to the public, and alcoholic beverages. sor of S. 606, a bill to improve oversight and evaluation of the mental health for other purposes; to the Committee on S. 373 Rules and Administration. and suicide prevention media outreach At the request of Mrs. GILLIBRAND, f the name of the Senator from New campaigns of the Department of Vet- erans Affairs, and for other purposes. SUBMISSION OF CONCURRENT AND Hampshire (Mrs. SHAHEEN) was added SENATE RESOLUTIONS as a cosponsor of S. 373, a bill to pro- S. 622 At the request of Mr. JONES, the The following concurrent resolutions vide for the retention and service of transgender individuals in the Armed name of the Senator from Virginia (Mr. and Senate resolutions were read, and WARNER) was added as a cosponsor of S. referred (or acted upon), as indicated: Forces. S. 386 622, a bill to amend title 10, United By Mr. MCCONNELL (for himself and At the request of Mr. LEE, the name States Code, to repeal the requirement Mr. SCHUMER): for reduction of survivor annuities S. Res. 192. A resolution to authorize testi- of the Senator from Indiana (Mr. mony and representation in State of Nevada YOUNG) was added as a cosponsor of S. under the Survivor Benefit Plan by v. Lacamera; considered and agreed to. 386, a bill to amend the Immigration veterans’ dependency and indemnity By Mr. WYDEN (for himself, Mr. ALEX- and Nationality Act to eliminate the compensation, and for other purposes. ANDER, Mr. BOOKER, Mr. PORTMAN, per-country numerical limitation for S. 803 Ms. HIRONO, and Mr. HEINRICH): employment-based immigrants, to in- At the request of Mr. TOOMEY, the S. Res. 193. A resolution designating May names of the Senator from Indiana 18, 2019, as ‘‘Kids to Parks Day’’; considered crease the per-country numerical limi- and agreed to. tation for family-sponsored immi- (Mr. YOUNG), the Senator from Colo- grants, and for other purposes. rado (Mr. GARDNER) and the Senator f S. 457 from Texas (Mr. CRUZ) were added as ADDITIONAL COSPONSORS At the request of Mr. CORNYN, the cosponsors of S. 803, a bill to amend the S. 27 name of the Senator from Kansas (Mr. Internal Revenue Code of 1986 to re- At the request of Mr. MANCHIN, the ROBERTS) was added as a cosponsor of store incentives for investments in name of the Senator from Vermont S. 457, a bill to require that $1 coins qualified improvement property. (Mr. SANDERS) was added as a cospon- issued during 2019 honor President S. 839 sor of S. 27, a bill to amend the Surface George H.W. Bush and to direct the At the request of Mr. KAINE, the Mining Control and Reclamation Act of Secretary of the Treasury to issue bul- name of the Senator from New Hamp- 1977 to transfer certain funds to the lion coins during 2019 in honor of Bar- shire (Mrs. SHAHEEN) was added as a co- 1974 United Mine Workers of America bara Bush. sponsor of S. 839, a bill to extend Fed- Pension Plan, and for other purposes. S. 479 eral Pell Grant eligibility of certain S. 91 At the request of Mr. TOOMEY, the short-term programs. At the request of Mr. GARDNER, the names of the Senator from Massachu- At the request of Mr. PORTMAN, the name of the Senator from New Hamp- setts (Mr. MARKEY) and the Senator name of the Senator from Kansas (Mr. shire (Mrs. SHAHEEN) was added as a co- from Maine (Mr. KING) were added as MORAN) was added as a cosponsor of S. sponsor of S. 91, a bill to amend title cosponsors of S. 479, a bill to revise sec- 839, supra. 38, United States Code, to authorize per tion 48 of title 18, United States Code, S. 849 diem payments under comprehensive and for other purposes. At the request of Mr. CRAMER, the service programs for homeless veterans S. 546 names of the Senator from North Da- to furnish care to dependents of home- At the request of Mrs. GILLIBRAND, kota (Mr. HOEVEN), the Senator from less veterans, and for other purposes. the name of the Senator from Hawaii Alabama (Mr. JONES), the Senator from

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.018 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2689 Montana (Mr. DAINES), the Senator sponsor of S. 1037, a bill to amend title sponsor of S. 1140, a bill to amend the from Kansas (Mr. ROBERTS), the Sen- XVIII of the Social Security Act to Public Health Service Act with respect ator from New Jersey (Mr. MENENDEZ), modernize provisions relating to rural to the treatment under section the Senator from Indiana (Mr. BRAUN), health clinics under Medicare. 351(k)(7) of such Act (relating to exclu- the Senator from Minnesota (Ms. KLO- S. 1039 sivity for reference products) of certain BUCHAR), the Senator from West Vir- At the request of Mr. UDALL, the products deemed to have a biological ginia (Mrs. CAPITO), the Senator from name of the Senator from Delaware product license pursuant to section Montana (Mr. TESTER) and the Senator (Mr. CARPER) was added as a cosponsor 7002 of the Biologics Price Competition from New Hampshire (Mrs. SHAHEEN) of S. 1039, a bill to limit the use of and Innovation Act of 2009. were added as cosponsors of S. 849, a funds for kinetic military operations in S. 1148 bill to provide for the inclusion on the or against Iran. At the request of Mr. HOEVEN, the name of the Senator from Arizona (Ms. Vietnam Veterans Memorial Wall of S. 1067 the names of the lost crew members of SINEMA) was added as a cosponsor of S. At the request of Ms. HARRIS, the 1148, a bill to amend title 49, United the U.S.S. Frank E. Evans killed on name of the Senator from Delaware June 3, 1969. States Code, to require the Adminis- (Mr. COONS) was added as a cosponsor S. 867 trator of the Federal Aviation Admin- of S. 1067, a bill to provide for research istration to give preferential consider- At the request of Ms. HASSAN, the to better understand the causes and name of the Senator from New Jersey ation to individuals who have success- consequences of sexual harassment af- fully completed air traffic controller (Mr. BOOKER) was added as a cosponsor fecting individuals in the scientific, of S. 867, a bill to protect students of training and veterans when hiring air technical, engineering, and mathe- traffic control specialists. institutions of higher education and matics workforce and to examine poli- S. 1169 the taxpayer investment in institu- cies to reduce the prevalence and nega- At the request of Mr. GARDNER, the tions of higher education by improving tive impact of such harassment, and oversight and accountability of institu- name of the Senator from North Da- for other purposes. kota (Mr. CRAMER) was added as a co- tions of higher education, particularly S. 1081 for-profit colleges, improving protec- sponsor of S. 1169, a bill to amend the At the request of Mr. MANCHIN, the tions for students and borrowers, and Federal Food, Drug, and Cosmetic Act names of the Senator from New Jersey with respect to citizen petitions. ensuring the integrity of postsecondary (Mr. MENENDEZ), the Senator from education programs, and for other pur- S. 1195 Pennsylvania (Mr. CASEY), the Senator poses. At the request of Mrs. GILLIBRAND, from Nevada (Ms. ROSEN) and the Sen- the name of the Senator from Alaska S. 878 ator from Virginia (Mr. KAINE) were (Mr. SULLIVAN) was added as a cospon- At the request of Mr. COTTON, the added as cosponsors of S. 1081, a bill to sor of S. 1195, a bill to amend title 38, name of the Senator from Alaska (Mr. amend title 54, United States Code, to United States Code, to clarify presump- SULLIVAN) was added as a cosponsor of provide permanent, dedicated funding tion relating to the exposure of certain S. 878, a bill to foster security in Tai- for the Land and Water Conservation veterans who served in the vicinity of wan, and for other purposes. Fund, and for other purposes. the Republic of Vietnam, and for other S. 879 S. 1100 purposes. At the request of Mr. VAN HOLLEN, At the request of Mr. BOOKER, the S. 1203 the name of the Senator from Massa- names of the Senator from New Hamp- At the request of Mrs. GILLIBRAND, chusetts (Ms. WARREN) was added as a shire (Ms. HASSAN) and the Senator the name of the Senator from Michigan cosponsor of S. 879, a bill to provide a from Indiana (Mr. YOUNG) were with- (Ms. STABENOW) was added as a cospon- process for granting lawful permanent drawn as cosponsors of S. 1100, a bill to sor of S. 1203, a bill to amend the High- resident status to aliens from certain institute a program for the disclosure er Education Act of 1965 in order to im- countries who meet specified eligibility of taxpayer information for third-party prove the public service loan forgive- requirements, and for other purposes. income verification through the Inter- ness program, and for other purposes. S. 901 net. S. 1208 At the request of Ms. COLLINS, the At the request of Mr. BOOKER, the At the request of Mr. GRASSLEY, the names of the Senator from Michigan name of the Senator from Idaho (Mr. name of the Senator from Montana (Ms. STABENOW), the Senator from Ari- CRAPO) was added as a cosponsor of S. (Mr. TESTER) was added as a cosponsor zona (Ms. SINEMA) and the Senator 1100, supra. of S. 1208, a bill to amend the Omnibus from Missouri (Mr. BLUNT) were added S. 1103 Crime Control and Safe Streets Act of 1968 with respect to payments to cer- as cosponsors of S. 901, a bill to amend At the request of Mr. COTTON, the the Older Americans Act of 1965 to sup- name of the Senator from Tennessee tain public safety officers who have be- come permanently and totally disabled port individuals with younger onset (Mrs. BLACKBURN) was added as a co- as a result of personal injuries sus- Alzheimer’s disease. sponsor of S. 1103, a bill to amend the tained in the line of duty, and for other S. 948 Immigration and Nationality Act to es- purposes. At the request of Ms. KLOBUCHAR, the tablish a skills-based immigration name of the Senator from Iowa (Ms. points system, to focus on family-spon- S. 1218 At the request of Mr. VAN HOLLEN, ERNST) was added as a cosponsor of S. sored immigration on spouses and 948, a bill to provide incentives to phy- minor children, to eliminate the Diver- the names of the Senator from New Jersey (Mr. BOOKER), the Senator from sicians to practice in rural and medi- sity Visa Program, to set a limit on Mississippi (Mr. WICKER), the Senator cally underserved communities, and for the number of refugees admitted annu- from Minnesota (Ms. SMITH), the Sen- other purposes. ally to the United States, and for other ator from New York (Mr. SCHUMER) and purposes. S. 1006 the Senator from South Dakota (Mr. S. 1125 At the request of Mr. WHITEHOUSE, ROUNDS) were added as cosponsors of S. the name of the Senator from Vermont At the request of Mr. TILLIS, the 1218, a bill to require the review of the (Mr. SANDERS) was added as a cospon- names of the Senator from Arkansas service of certain members of the sor of S. 1006, a bill to amend the Truth (Mr. BOOZMAN) and the Senator from Armed Forces during World War I to in Lending Act to empower the States Nebraska (Mrs. FISCHER) were added as determine if such members should be to set the maximum annual percentage cosponsors of S. 1125, a bill to amend awarded the Medal of Honor, to author- rates applicable to consumer credit the Health Insurance Portability and ize the award of the Medal of Honor transactions, and for other purposes. Accountability Act. based on the results of the review, and S. 1037 S. 1140 for other purposes. At the request of Mr. BARRASSO, the At the request of Ms. SMITH, the S. 1229 name of the Senator from Tennessee name of the Senator from North Da- At the request of Ms. WARREN, the (Mrs. BLACKBURN) was added as a co- kota (Mr. CRAMER) was added as a co- name of the Senator from Michigan

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.012 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE May 7, 2019 (Mr. PETERS) was added as a cosponsor CRUZ) was added as a cosponsor of S. There being no objection, the text of of S. 1229, a bill to amend title 10, Con. Res. 10, a concurrent resolution the bill was ordered to be printed in United States Code, to improve the recognizing that Chinese telecommuni- the RECORD, as follows: provision of military housing to mem- cations companies such as Huawei and S. 1349 bers of the Armed Forces and their ZTE pose serious threats to the na- Be it enacted by the Senate and House of Rep- families through private entities, and tional security of the United States resentatives of the United States of America in for other purposes. and its allies. Congress assembled, S. 1241 S. RES. 96 SECTION 1. SHORT TITLE. At the request of Mr. DURBIN, the At the request of Mr. RISCH, the This Act may be cited as the ‘‘Secure Trav- name of the Senator from Maryland name of the Senator from Oklahoma eler Act’’. (Mr. CARDIN) was added as a cosponsor (Mr. INHOFE) was added as a cosponsor SEC. 2. DEFINITIONS. of S. 1241, a bill to expand the private of S. Res. 96, a resolution commending In this Act: right of action under the Telephone the Government of Canada for uphold- (1) PUBLIC AGENCY.—The term ‘‘public Consumer Protection Act for calls in agency’’ means the Federal Government, a ing the rule of law and expressing con- State government, a unit of local govern- violation of the Do Not Call rules. cern over actions by the Government of ment, any combination of such government S. 1263 the People’s Republic of China in re- entities, or any department, agency, or in- At the request of Ms. CORTEZ MASTO, sponse to a request from the United strumentality of any such government enti- the name of the Senator from Montana States Government to the Government ty. (Mr. TESTER) was added as a cosponsor of Canada for the extradition of a (2) SPONSORING AGENCY.—The term ‘‘spon- of S. 1263, a bill to require the Sec- Huawei Technologies Co., Ltd. execu- soring agency’’ means a government agency retary of Veterans Affairs to establish tive. for which a security clearance is obtained, as determined by the Director of the National an interagency task force on the use of S. RES. 120 Background Investigations Bureau of the Of- public lands to provide medical treat- At the request of Mr. CARDIN, the fice of Personnel Management. ment and therapy to veterans through names of the Senator from Oklahoma (3) PUBLIC SAFETY OFFICER.—the term outdoor recreation. (Mr. INHOFE) and the Senator from In- ‘‘public safety officer’’ means a person serv- S. 1286 diana (Mr. YOUNG) were added as co- ing as a law enforcement officer, as deter- At the request of Mr. HEINRICH, the sponsors of S. Res. 120, a resolution op- mined by the Attorney General name of the Senator from Colorado posing efforts to delegitimize the State SEC. 3. TSA PRECHECK ENROLLMENT FOR INDI- VIDUALS WITH ACTIVE SECURITY (Mr. BENNET) was added as a cosponsor of Israel and the Global Boycott, Di- CLEARANCE. of S. 1286, a bill to amend the Energy vestment, and Sanctions Movement (a) PROCESS.—Not later than 180 days after Policy Act of 2005 to facilitate the targeting Israel. the date of the enactment of this Act, the commercialization of energy and re- S. RES. 143 Administrator of the Transportation Secu- lated technologies developed at Depart- At the request of Mr. CRAMER, the rity Administration, in consultation with ment of Energy facilities with prom- names of the Senator from Arkansas the Director of the National Background In- ising commercial potential. vestigations Bureau of the Office of Per- (Mr. COTTON) and the Senator from Ar- sonnel Management and other appropriate S. 1300 kansas (Mr. BOOZMAN) were added as departments and agencies of the Federal At the request of Mr. BLUNT, the cosponsors of S. Res. 143, a resolution Government, shall establish a process to per- names of the Senator from Maryland recognizing Israeli-American culture mit the verification of an active security (Mr. VAN HOLLEN) and the Senator and heritage and the contributions of clearance to enable enrollment in TSA from Connecticut (Mr. BLUMENTHAL) the Israeli-American community to the PreCheck. were added as cosponsors of S. 1300, a United States. (b) COMPONENTS.—In establishing the proc- bill to require the Secretary of the ess required under subsection (a), the Admin- S. RES. 184 istrator shall ensure that— Treasury to mint a coin in commemo- At the request of Mr. RISCH, the ration of the opening of the National (1) eligible applicants for TSA PreCheck name of the Senator from Colorado provide verification of active clearance Law Enforcement Museum in the Dis- (Mr. GARDNER) was added as a cospon- through coordination with their sponsoring trict of Columbia, and for other pur- sor of S. Res. 184, a resolution con- agency; poses. demning the Easter Sunday terrorist (2) active clearance is required at the time S. 1301 attacks in Sri Lanka, offering sincere an application is submitted and at the time At the request of Mr. MERKLEY, the condolences to the victims, to their of its approval; name of the Senator from Rhode Island (3) interim security clearance is not ac- families and friends, and to the people cepted for purposes of paragraphs (1) and (2); (Mr. WHITEHOUSE) was added as a co- and nation of Sri Lanka, and express- and sponsor of S. 1301, a bill to prohibit the ing solidarity and support for Sri (4) approved applicants are assigned a use of the poisons sodium fluoroacetate Lanka. trusted traveler number. (known as ‘‘Compound 1080’’ ) and so- S. RES. 188 (c) ELIGIBLE LEVELS OF CLEARANCE.—An in- dium cyanide for predator control. dividual holding any of the following secu- At the request of Mr. CRUZ, the name S. 1333 rity clearances shall be eligible to partici- of the Senator from Wisconsin (Ms. pate in TSA PreCheck under the process es- At the request of Mr. CARPER, the BALDWIN) was added as a cosponsor of name of the Senator from Florida (Mr. tablished under subsection (a): S. Res. 188, a resolution encouraging a (1) Secret. RUBIO) was added as a cosponsor of S. swift transfer of power by the military (2) Top Secret, including Sensitive Com- 1333, a bill to amend the Improper Pay- to a civilian-led political authority in partmented Information. ments Elimination and Recovery Im- the Republic of the Sudan, and for (3) L Clearance. provement Act of 2012, including mak- other purposes. (4) Q Clearance. ing changes to the Do Not Pay Initia- (5) Yankee White, all categories. f tive, for improved detection, preven- (d) FEES.—Any individual who enrolls in tion, and recovery of improper pay- STATEMENTS ON INTRODUCED TSA PreCheck through the process estab- ments to deceased individuals, and for BILLS AND JOINT RESOLUTIONS lished under subsection (a) shall submit any fee required to cover the costs of participa- other purposes. By Mr. THUNE (for himself and tion in such program. Notwithstanding sec- S. CON. RES. 5 Mr. PETERS): tion 3302 of title 31, United States Code, such At the request of Mr. BARRASSO, the S. 1349. A bill to expand enrollment fee shall be retained and used by the Trans- name of the Senator from Oklahoma in TSA PreCheck to expedite commer- portation Security Administration. (Mr. INHOFE) was added as a cosponsor cial travel screening and improve air- (e) TERMINATION; RENEWAL.— of S. Con. Res. 5, a concurrent resolu- port security; to the Committee on (1) TERM.—If an individual remains eligible tion supporting the Local Radio Free- Commerce, Science, and Transpor- for membership in TSA PreCheck under the dom Act. requirements established by the Transpor- tation. tation Security Administration, his or her S. CON. RES. 10 Mr. THUNE. Mr. President, I ask participation in TSA PreCheck will termi- At the request of Mr. GARDNER, the unanimous consent that the text of the nate on the date that is 5 years after the name of the Senator from Texas (Mr. bill be printed in the RECORD. date on which such enrollment is approved

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.014 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2691 unless it is renewed in accordance with ap- based on the termination of the underlying (A) in paragraph (2), by adding at the end plicable law. employment if such termination is a result the following: (2) REVOCATION.— of— ‘‘(D) A statement that— (A) IN GENERAL.—An individual’s participa- (i) a voluntary change of the individual’s ‘‘(i) the borrower may be entitled to serv- tion in TSA PreCheck that was initiated employment; or icemember and veteran benefits under the through the process established under sub- (ii) the expiration of the term of service in Servicemembers Civil Relief Act (50 U.S.C. section (a) shall be terminated if the under- a particular position to which an individual App. 501 et seq.) and other Federal or State lying security clearance is revoked, as deter- was appointed. laws; and mined by the sponsoring agency. SEC. 5. REPORT ON EXPANDED ENROLLMENT ‘‘(ii) a Servicemember and Veterans Liai- (B) EXCEPTIONS.—Except as provided in FOR TRUSTED TRAVELER PRO- son designated under section 128(e)(16)(K)(i) subparagraph (A), an individual’s participa- GRAMS. of the Truth in Lending Act (15 U.S.C. tion in TSA PreCheck that was initiated (a) IN GENERAL.—Not later than 270 days 1638(e)(16)(K)(i)) is available to answer in- through the process established under sub- after the date of the enactment of this Act, quiries about servicemember and veteran section (a) may be revoked, at the discretion the Commissioner of U.S. Customs and Bor- benefits, including the toll-free telephone of the Administrator, if— der Protection and the Administrator of the number to contact the Liaison pursuant to (i) the individual is determined to pose a Transportation Security Administration, in such section. threat to aviation or national security; and consultation with the Attorney General, the ‘‘(E) A statement that a repayment spe- (ii) the underlying security clearance is in- Director of the National Background Inves- cialist office or unit designated under sec- activated as a result of a change of the indi- tigations Bureau of the Office of Personnel tion 128(e)(16)(J)(i) of the Truth in Lending vidual’s employment or the end of an indi- Management, and other appropriate depart- Act (15 U.S.C. 1638(e)(16)(J)(i)) is available to vidual’s appointment in a particular posi- ments and agencies of the Federal Govern- answer inquiries related to alternative re- tion. ment, shall submit a report to Congress on payment options, including the toll-free tele- SEC. 4. TSA PRECHECK ENROLLMENT FOR LAW the feasibility of expanding the enrollment phone number to contact the specialist pur- ENFORCEMENT OFFICERS. processes established under sections 3 and 4 suant to section 128(e)(16)(J)(iii) of such (a) PROCESS.—Not later than 180 days after to the Trusted Traveler Programs listed in Act.’’; and the date of the enactment of this Act, the subsection (b). (B) in paragraph (3), by adding at the end Administrator of the Transportation Secu- (b) TRUSTED TRAVELER PROGRAMS.—The the following: rity Administration, in consultation with programs listed in this subsection are— ‘‘(F) A statement that— the Attorney General, shall establish a proc- (1) Global Entry; ‘‘(i) the borrower may be entitled to serv- ess to permit the enrollment of certain law (2) SENTRI; icemember and veteran benefits under the enforcement officers in TSA PreCheck. (3) NEXUS; and Servicemembers Civil Relief Act (50 U.S.C. (b) COMPONENTS.—In establishing the proc- ess required under subsection (a), the Attor- (4) any travel facilitation program that is App. 501 et seq.) and other Federal or State ney General and the Administrator shall en- similar to any of the programs listed in para- laws; and sure that— graphs (1) though (3) and has been designated ‘‘(ii) a Servicemember and Veterans Liai- (1) eligible applicants for TSA PreCheck by the Secretary of Homeland Security to be son designated under section 128(e)(16)(K)(i) provide verification of active employment included in the report required under sub- of the Truth in Lending Act (15 U.S.C. through coordination with their sponsoring section (a). 1638(e)(16)(K)(i)) is available to answer in- agency; quiries about servicemember and veteran (2) active employment in good standing is By Mr. DURBIN (for himself, Mr. benefits, including the toll-free telephone required— REED, and Ms. WARREN): number to contact the Liaison pursuant to (A) at the time an application is sub- S. 1354. A bill to require certain pro- such section. mitted; and tections for student loan borrowers, ‘‘(G) A statement that a repayment spe- (B) at the time an application is approved; and for other purposes; to the Com- cialist office or unit designated under sec- tion 128(e)(16)(J)(i) of the Truth in Lending (3) interim disciplinary status is not ac- mittee on Health, Education, Labor, cepted for purposes of paragraphs (1) and (2); Act (15 U.S.C. 1638(e)(16)(J)(i)) is available to and and Pensions. answer inquiries related to alternative re- (4) approved applicants are assigned a Mr. DURBIN. Mr. President, I ask payment options, including the toll-free tele- trusted traveler number. unanimous consent that the text of the phone number to contact the specialist pur- (c) ELIGIBLE LAW ENFORCEMENT OFFI- bill be printed in the RECORD. suant to section 128(e)(16)(J)(iii) of such CERS.—An individual shall be eligible to par- There being no objection, the text of Act.’’. ticipate in TSA PreCheck under the process the bill was ordered to be printed in (b) TERMS AND CONDITIONS OF LOANS.—Sec- established under subsection (a) if he or the RECORD, as follows: tion 455 of the Higher Education Act of 1965 she— (20 U.S.C. 1087e) is amended by adding at the (1) is a public safety officer for a public S. 1354 end the following: agency (including a court system) that re- Be it enacted by the Senate and House of ‘‘(r) PREPAYMENT AND PAYMENT APPLICA- ceives Federal financial assistance; Representatives of the United States of America TION.— (2) is a law enforcement officer for a public in Congress assembled, ‘‘(1) IN GENERAL.—A borrower may prepay agency; or SECTION 1. SHORT TITLE. all or part of a loan made under this part at (3) occupies another position, as deemed This Act may be cited as the ‘‘Student any time without penalty. appropriate by the Attorney General and the Loan Borrower Bill of Rights’’. ‘‘(2) PREPAYMENT.— Administrator. SEC. 2. HIGHER EDUCATION ACT OF 1965 AMEND- ‘‘(A) IN GENERAL.—If a borrower pays any (d) FEES.—Any individual who enrolls in MENTS. amount in excess of the amount due for a TSA PreCheck through the process estab- (a) STUDENT LOAN INFORMATION BY ELIGI- loan made under this part, the excess lished under subsection (a) shall submit any amount shall be a prepayment. fee required to cover the costs of participa- BLE LENDERS.—Section 433 of the Higher ‘‘(B) APPLICATION OF PREPAYMENT.—If a tion in such program. Notwithstanding sec- Education Act of 1965 (20 U.S.C. 1083) is prepayment equals or exceeds the monthly tion 3302 of title 31, United States Code, such amended— fee shall be retained and used by the Trans- (1) in subsection (b)— repayment amount under the borrower’s re- portation Security Administration. (A) in paragraph (12), by striking ‘‘and’’ payment plan with respect to a loan made (e) TERMINATION; RENEWAL.— after the semicolon; under this part, the Secretary shall— (1) TERM.—If an individual remains eligible (B) in paragraph (13), by striking the pe- ‘‘(i) apply the prepaid amount according to for membership in TSA PreCheck under the riod at the end and inserting ‘‘; and’’; and the terms of the promissory note signed by requirements established by the Transpor- (C) by adding at the end the following: the borrower; and tation Security Administration, his or her ‘‘(14) a statement that— ‘‘(ii) upon request of the borrower, advance participation in TSA PreCheck shall termi- ‘‘(A) the borrower may be entitled to serv- the due date of the next payment and notify nate on the date that is 5 years after the icemember and veteran benefits under the the borrower of any revised due date for the date on which such enrollment is approved Servicemembers Civil Relief Act (50 U.S.C. next payment.’’. unless such enrollment is renewed in accord- App. 501 et seq.) and other Federal or State (c) CONTRACTS.—Section 456 of the Higher ance with applicable law. laws; and Education Act of 1965 (20 U.S.C. 1087f) is (2) REVOCATION.—An individual’s participa- ‘‘(B) a Servicemember and Veterans Liai- amended— tion in TSA PreCheck that was initiated son designated under section 128(e)(16)(K)(i) (1) in subsection (a), by striking paragraph through the process established under sub- of the Truth in Lending Act (15 U.S.C. (3) and inserting the following: section (a)— 1638(e)(16)(K)(i)) is available to answer in- ‘‘(3) RULES OF CONSTRUCTION.— (A) shall be revoked if the underlying em- quiries about servicemember and veteran ‘‘(A) CONSORTIA.—Nothing in this section ployment is terminated or suspended, as de- benefits, including the toll-free telephone shall be construed as a limitation of the au- termined by the sponsoring agency; and number to contact the Liaison pursuant to thority of any State agency to enter into an (B) may be revoked, at the discretion of such section.’’; and agreement for the purposes of this section as the Attorney General and the Administrator, (2) in subsection (e)— a member of a consortium of State agencies.

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‘‘(B) COMPLIANCE WITH STATE AND FEDERAL tionship with the borrower stemming from tion to provide notice, solicit public com- LAWS.—Nothing in this section shall be con- the contract. ment, and respond to such comment when strued as altering, limiting, or affecting any ‘‘(g) STUDENT LOAN SERVICING INTERAGENCY issuing regulations.’’. obligation by an entity with which the Sec- WORKING GROUP.— SEC. 3. TRUTH IN LENDING ACT AMENDMENTS. ‘‘(1) IN GENERAL.—Not later than 30 days retary enters into a contract under this sec- (a) IN GENERAL.—The Truth in Lending Act tion to comply with any applicable Federal after the date of enactment of the Student (15 U.S.C. 1601 et seq.) is amended— or State law, including any Federal con- Loan Borrower Bill of Rights, the Secretary (1) in section 128 (15 U.S.C. 1638)— shall establish a student loan servicing sumer financial law, as defined in section (A) in subsection (e)— interagency working group co-chaired by the 1002(14) of the Consumer Financial Protec- (i) in the subsection heading, by striking Secretary and the Director of the Bureau of tion Act of 2010 (12 U.S.C. 5481(14)). ‘‘PRIVATE’’; Consumer Financial Protection and includ- ‘‘(C) AUTHORITIES.—Nothing in this section (ii) in paragraph (1)(O), by striking ‘‘para- ing the Chief Operating Officer of the Office shall be construed as altering, limiting, or graph (6)’’ and inserting ‘‘paragraph (10)’’; of Federal Student Aid, the Director of the affecting the authority of a State attorney (iii) in paragraph (2)(L), by striking ‘‘para- Office of Management and Budget, the Sec- general or any other State regulatory or en- graph (6)’’ and inserting ‘‘paragraph (10)’’; retary of the Treasury, and the heads of any forcement agency or authority to bring an (iv) in paragraph (4)(C), by striking ‘‘para- other relevant Federal departments or agen- action or other regulatory proceeding arising graph (7)’’ and inserting ‘‘paragraph (11)’’; cies. solely under the law of such State.’’; and (v) by redesignating paragraphs (5) through ‘‘(2) ADVISORY REPORT ON RULEMAKING.— (2) by adding at the end the following: (11) as paragraphs (9) through (15), respec- ‘‘(d) APPLICABILITY OF PROVISIONS UNDER ‘‘(A) IN GENERAL.—Not later than 120 days tively; THE CONSUMER FINANCIAL PROTECTION ACT OF after the date the working group under para- (vi) by inserting after paragraph (4) the fol- 2010.— graph (1) is established, the working group lowing: ‘‘(1) CONSUMER FINANCIAL PRODUCT OR SERV- shall publish an advisory report making rec- ‘‘(5) DISCLOSURES BEFORE FIRST FULLY AM- ICE.—A consumer financial product or serv- ommendations to the Director of the Bureau ORTIZED PAYMENT.—Not fewer than 30 days ice offered by an entity with which the Sec- of Consumer Financial Protection related to and not more than 150 days before the first retary enters into a contract under this sec- the promulgation of regulations under sec- fully amortized payment on a postsecondary tion for origination, servicing, or collection tion 128(e)(17)(A) of the Truth in Lending Act education loan is due from the borrower, the described in subsection (b), as part of such (15 U.S.C. 1638(e)(17)(A)) with respect to enti- postsecondary educational lender or servicer contract, shall have the meaning given the ties with which the Secretary has entered shall disclose to the borrower, clearly and term in section 1002 of the Consumer Finan- into a contract under this section. conspicuously— cial Protection Act of 2010 (12 U.S.C. 5481). ‘‘(B) PUBLIC FEEDBACK.—Following the pub- ‘‘(A) the information described in— ‘‘(2) COVERED PERSON.—Any entity with lication of the advisory report required ‘‘(i) paragraph (2)(A) (adjusted, as nec- which the Secretary enters into a contract under subparagraph (A), the Secretary shall essary, for the rate of interest in effect on under this section for origination, servicing, accept, for not less than 60 days, from the the date the first fully amortized payment or collection described in subsection (b) shall public specific feedback on the recommenda- on a postsecondary education loan is due); be considered a ‘covered person’ (as defined tions included in the report. ‘‘(ii) subparagraphs (B) through (G) of in section 1002 of the Consumer Financial ‘‘(3) PUBLICATION OF FINAL RECOMMENDA- paragraph (2); Protection Act of 2010 (12 U.S.C. 5481)) and TIONS.—Not later than 30 days following the ‘‘(iii) paragraph (2)(H) (adjusted, as nec- subject to the provisions of the Consumer Fi- conclusion of the public feedback process de- essary, for the rate of interest in effect on nancial Protection Act of 2010 (12 U.S.C. 5481 scribed in paragraph (2)(B), the Secretary the date the first fully amortized payment et seq.). shall publish final recommendations for the on a postsecondary education loan is due); ‘‘(3) POSTSECONDARY EDUCATIONAL LENDER Director of the Bureau of Consumer Finan- ‘‘(iv) paragraph (2)(K); and OR SERVICER.—Any entity with which the cial Protection related to the promulgation ‘‘(v) subparagraphs (O) and (P) of para- Secretary enters into a contract under this of regulations under section 128(e)(17)(A) of graph (2); section for origination, servicing, or collec- the Truth in Lending Act (15 U.S.C. ‘‘(B) the scheduled date upon which the tion, as described in subsection (b), and is en- 1638(e)(17)(A)). first fully amortized payment is due; gaged in the provision of, or offering, serv- ‘‘(4) POLICY DIRECTION TO FEDERAL STUDENT ‘‘(C) the name of the postsecondary edu- icing shall be considered a ‘postsecondary AID.—The working group shall develop policy cational lender and servicer, and the address educational lender or servicer’ (as defined in direction for the Office of Federal Student to which communications and payments section 128(e) of the Truth in Lending Act (15 Aid to incorporate, into contracts awarded under this section, applicable requirements should be sent including a telephone number U.S.C. 1638(e)), and subject to the provisions and standards promulgated under section and website where the borrower may obtain of section 128(e) of the Truth in Lending Act 128(e)(17)(A) of the Truth in Lending Act (15 additional information; (12 U.S.C. 1638(e)). U.S.C. 1638(e)(17)(A)) or described in section ‘‘(D) a description of alternative repay- ‘‘(e) COMPLAINTS FROM STUDENT LOAN BOR- ROWERS.—In awarding any contract under 128(e)(17)(B)(i)(II) of such Act. ment options, including Federal Direct Con- this section for origination, servicing, or col- ‘‘(5) MEETINGS.—After the Secretary pub- solidation Loans under part D of title IV of lection described in subsection (b), the Sec- lishes final recommendations under para- the Higher Education Act of 1965 (20 U.S.C. retary shall require, as part of such contract, graph (3), the working group shall meet not 1087a et seq.), as applicable, and servicemem- any entity receiving such an award— less often than once per year including to— ber or veteran benefits under the ‘‘(1) to respond to consumer complaints ‘‘(A) evaluate the application of regula- Servicemembers Civil Relief Act (50 U.S.C. submitted to any Federal, State, or local tions promulgated under section 128(e)(17)(A) App. 501 et seq.) or other Federal or State agency that accepts complaints from student of the Truth in Lending Act (15 U.S.C. law related to postsecondary education loan borrowers, including the Bureau of Con- 1638(e)(17)(A)) on entities with which the Sec- loans; and sumer Financial Protection, by borrowers retary has entered into a contract under this ‘‘(E) a statement that a Servicemember who owe loans made under this part; and section; and Veterans Liaison designated under para- ‘‘(2) to share information about consumer ‘‘(B) evaluate the Office of Federal Student graph (16)(K) is available to answer inquiries complaints with the Secretary, the Bureau Aid’s implementation of policy direction de- about servicemember and veteran benefits of Consumer Financial Protection, the Fed- veloped pursuant to paragraph (4); related to postsecondary education loans, in- eral Trade Commission, the Department of ‘‘(C) develop and implement an oversight cluding the toll-free telephone number to Veterans Affairs, any State attorney gen- plan to ensure compliance by entities with contact the Liaison pursuant to paragraph eral, or any other Federal or State regu- which the Secretary has entered into a con- (16)(K). latory or enforcement agency that compiles tract under this section with policy direction ‘‘(6) DISCLOSURES WHEN BORROWER IS AT- information about such complaints. developed under paragraph (4) and regula- RISK.— ‘‘(f) LIMITATIONS ON CONTRACTS.—Any enti- tions promulgated under section 128(e)(17)(A) ‘‘(A) IN GENERAL.—Not more than 5 days ty with which the Secretary enters into a of the Truth in Lending Act (15 U.S.C. after a postsecondary educational lender or contract under this section shall be prohib- 1638(e)(17)(A)) or described in section servicer determines that a borrower meets ited, as part of such contract, from mar- 128(e)(17)(B)(i)(II) of such Act; and the criteria established in paragraph keting to the borrower of a loan made, in- ‘‘(D) undertake other activities to improve (16)(J)(i), the postsecondary educational sured, or guaranteed under this title a finan- coordination among the members of the lender or servicer shall disclose to the bor- cial product or service— working group as it relates to the Sec- rower, in writing, clearly and conspicuously ‘‘(1) using data obtained as a result of the retary’s administration of the Federal Direct that a repayment specialist office or unit is contract or the relationship with the bor- Loan Program. available to discuss alternative repayment rower stemming from the contract; ‘‘(6) RULE OF CONSTRUCTION.—Nothing in options and answer borrower inquiries re- ‘‘(2) during any outreach or contact with this subsection shall be considered to alter, lated to their postsecondary educational the borrower resulting from the contract or limit, or restrict the Bureau of Consumer Fi- loan, including the toll-free number to con- the relationship with the borrower stemming nancial Protection’s obligations under chap- tact the office or unit pursuant to paragraph from the contract; or ter 5 of title 5, United States Code (com- (16)(J)(iii). ‘‘(3) on any platform or through any meth- monly known as the ‘Administrative Proce- ‘‘(B) OUTREACH TO AT-RISK BORROWERS.— od resulting from the contract or the rela- dures Act’), including the Director’s obliga- The Director, in accordance with paragraph

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2693 (17)(A), shall promulgate rules to establish a such repayment plan, pursuant to paragraph ‘‘(v) Other related fees and costs, as appli- timeline for additional live outreach by the (9)(D); cable. repayment specialist office or unit to at-risk ‘‘(iii) provide to the borrower in writing, in ‘‘(vi) Eligibility requirements, and how the borrowers. simple and understandable terms, such infor- borrower can apply for an alternative repay- ‘‘(7) ACTIONS WHEN BORROWER IS 30 DAYS DE- mation required by clause (ii); ment option, forbearance, or deferment op- LINQUENT.— ‘‘(iv) allow the borrower not less than 30 tion. ‘‘(A) IN GENERAL.—Not more than 5 days days to apply for an alternative repayment ‘‘(vii) Any relevant consequences due to ac- after a borrower becomes 30 days delinquent option or benefits, if eligible; tion or inaction, such as default, including on a postsecondary education loan, the re- ‘‘(v) notify the borrower that a Service- any actions that would result in the loss of payment specialist office or unit designated member and Veterans Liaison designated eligibility for alternative repayment op- under paragraph (16)(J) shall— under paragraph (16)(K) is available to an- tions, forbearance, or deferment options.’’; ‘‘(i) make a good faith effort to establish swer inquiries about servicemember and vet- (viii) in paragraph (12), as redesignated by live contact with the borrower to discuss al- eran benefits related to postsecondary edu- clause (v), by striking ‘‘paragraph (7)’’ and ternative repayment options and other op- cation loans, including the toll-free tele- inserting ‘‘paragraph (11)’’; tions available to avoid default; and phone number to contact the Liaison pursu- (ix) by striking paragraph (14), as redesig- ‘‘(ii) disclose to the borrower, in writing, ant to paragraph (16)(K); and nated by clause (v), and inserting the fol- clearly and conspicuously— ‘‘(vi) notify the borrower that a repayment lowing: ‘‘(I) the minimum payment that the bor- specialist office or unit designated under ‘‘(14) DEFINITIONS.—In this subsection— ‘‘(A) the terms ‘covered educational insti- rower must make to bring the loan current; paragraph (16)(J) is available to answer in- tution’, ‘private educational lender’, and ‘‘(II) a statement, related to potential quiries related to alternative repayment op- ‘private education loan’ have the same charge off (as defined in paragraph (16)(A)) or tions, including the toll-free telephone num- meanings as in section 140; assignment to collections as appropriate, to ber to contact the specialist pursuant to ‘‘(B) the term ‘postsecondary education include— paragraph (16)(J)(iii). loan’ means— ‘‘(aa) the date on which the loan will be ‘‘(B) FORBEARANCE OR DEFERMENT.—If, ‘‘(i) a private education loan; or charged-off or assigned to collections if no after receiving information about alter- ‘‘(ii) a loan made, insured, or guaranteed payment or the minimum payment required native repayment options from the repay- under part B, D, or E of title IV of the Higher to be disclosed pursuant to item (bb) is not ment specialist, a borrower notifies the post- Education Act of 1965 (20 U.S.C. 1071 et seq., made; secondary educational lender or servicer 1087a et seq., and 1087aa et seq.); ‘‘(bb) the minimum payment that must be that a long-term alternative repayment op- ‘‘(C) the term ‘postsecondary educational made to avoid the loan being charged off or tion is not appropriate, the postsecondary lender or servicer’ means— assigned to collection; and educational lender or servicer may comply ‘‘(i) an eligible lender of a loan made, in- ‘‘(cc) the consequences to the borrower of with this paragraph by providing the bor- sured, or guaranteed under part B of the charge off or assignment to collections; rower, in writing, in simple and understand- Higher Education Act of 1965 (20 U.S.C. 1071 ‘‘(III) a statement that a Servicemember able terms, information about short-term op- et seq.); and Veterans Liaison designated under para- tions to address an anticipated short-term ‘‘(ii) any entity with which the Secretary graph (16)(K) is available to answer inquiries difficulty in making payments, such as for- enters into a contract under section 456 of about servicemember and veteran benefits bearance or deferment options, including all the Higher Education Act of 1965 (20 U.S.C. related to postsecondary education loans, in- terms, conditions, and fees or costs associ- 1087f) for origination, servicing, or collection cluding the toll-free telephone number to ated with such options pursuant to para- described in subsection (b) of such section 456 contact the Liaison pursuant to paragraph graph (9)(D). and is engaged in the provision of, or offer- (16)(K); and ‘‘(C) NOTIFICATION PROCESS.— ing, servicing, as defined in paragraph ‘‘(IV) a statement that a repayment spe- ‘‘(i) IN GENERAL.—Each postsecondary edu- (16)(A)(iv), or collections regardless of cialist office or unit designated under para- cational lender or servicer shall establish a whether the Secretary identifies the entity graph (16)(J) is available to answer inquiries process, in accordance with subparagraph as a ‘servicer’ in such contract; related to alternative repayment options, in- (A), for a borrower to notify the lender ‘‘(iii) a private educational lender; cluding the toll-free telephone number to that— ‘‘(iv) any other person or entity engaged in contact the specialist pursuant to paragraph ‘‘(I) the borrower is having difficulty mak- the business of securing, making, or extend- (16)(J)(iii). ing payments on a postsecondary education ing postsecondary education loans on behalf ‘‘(B) MODIFICATIONS.—The disclosures de- loan; and of a person or entity described in clause (i) scribed in subparagraph (A)(ii) may be modi- ‘‘(II) a long-term alternative repayment or (iii); or fied subject to regulations promulgated by option is not appropriate. ‘‘(v) any other holder of a postsecondary the Director, based on consumer testing and ‘‘(ii) CONSUMER FINANCIAL PROTECTION BU- education loan other than the Secretary; in accordance with paragraph (17)(A). REAU REQUIREMENTS.—The Director shall, ‘‘(D) the term ‘Director’ means the Direc- ‘‘(8) ACTIONS WHEN BORROWER IS HAVING DIF- based on consumer testing, and in accord- tor of the Bureau; and FICULTY MAKING PAYMENT OR IS 60 DAYS DELIN- ance with paragraph (17)(A), promulgate ‘‘(E) the term ‘Secretary’ means the Sec- QUENT.— rules establishing minimum standards for retary of Education.’’; ‘‘(A) IN GENERAL.—Not more than 5 days postsecondary educational lender or (x) in paragraph (15), as redesignated by after a borrower notifies a postsecondary servicers in carrying out the requirements of clause (v), by striking ‘‘paragraph (5)’’ and educational lender or servicer that the bor- this paragraph and a model form for bor- inserting ‘‘paragraph (9)’’; and rower is having difficulty making payment rowers to notify postsecondary educational (xi) by adding at the end the following: or a borrower becomes 60 days delinquent on lender or servicers of the information under ‘‘(16) STUDENT LOAN BORROWER BILL OF a postsecondary education loan, the repay- this paragraph.’’; RIGHTS.— ment specialist office or unit designated (vii) in paragraph (9), as redesignated by ‘‘(A) DEFINITIONS.—In this paragraph: under paragraph (16)(J) shall— clause (v), by adding at the end the fol- ‘‘(i) BORROWER.—The term ‘borrower’ ‘‘(i) complete a full review of the bor- lowing: means the person to whom a postsecondary rower’s postsecondary education loan and ‘‘(D) MODEL DISCLOSURE FORM FOR ALTER- education loan is extended. make a reasonable effort to obtain the infor- NATIVE REPAYMENT OPTIONS, FORBEARANCE, ‘‘(ii) CHARGE OFF.—The term ‘charge off’ mation necessary to determine— AND DEFERMENT OPTIONS.—Not later than 2 means charge to profit and loss, or subject to ‘‘(I) if the borrower is eligible for an alter- years after the date of enactment of the Stu- any similar action. native repayment option, including Federal dent Loan Borrower Bill of Rights, the Di- ‘‘(iii) QUALIFIED WRITTEN REQUEST.— Direct Consolidation Loans under part D of rector shall, based on consumer testing and ‘‘(I) IN GENERAL.—The term ‘qualified writ- title IV of the Higher Education Act of 1965 through regulations promulgated in accord- ten request’ means a written correspondence (20 U.S.C. 1087a et seq.), as applicable; ance with paragraph (17)(A), develop and of a borrower (other than notice on a pay- ‘‘(II) if the borrower is eligible for service- issue model forms to allow borrowers to ment medium supplied by the postsecondary member or veteran benefits under the compare alternative repayment options, for- educational lender or servicer) transmitted Servicemembers Civil Relief Act (50 U.S.C. bearance, and deferment options with the by mail, facsimile, or electronically through App. 501 et seq.) or other Federal or State borrower’s existing repayment plan with re- an email address or website designated by law related to postsecondary education spect to a postsecondary education loan. In the postsecondary educational lender or loans; and developing such forms, the Director shall servicer to receive communications from ‘‘(III) if the postsecondary education loan consider and evaluate the following for in- borrowers that— is eligible for discharge by the Secretary; clusion: ‘‘(aa) includes, or otherwise enables the ‘‘(ii) make a good faith effort to establish ‘‘(i) The total amount to be paid over the postsecondary educational lender or servicer live contact with the borrower to provide the life of the loan. to identify, the name and account of the bor- borrower information about alternative re- ‘‘(ii) The total amount in interest to be rower; and payment options and benefits for which the paid over the life of the loan. ‘‘(bb) includes, to the extent applicable— borrower is eligible, including all terms, con- ‘‘(iii) The monthly payment amount. ‘‘(AA) sufficient detail regarding the infor- ditions, and fees or costs associated with ‘‘(iv) The expected pay-off date. mation sought by the borrower; or

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE May 7, 2019 ‘‘(BB) a statement of the reasons for the ‘‘(gg) the date on which the transferee will lines for determining which changes in terms belief of the borrower that there is an error begin accepting payment; and are material under subclause (I). regarding the account of the borrower. ‘‘(II) forward any payment from a borrower ‘‘(ii) LIMITS ON INTEREST RATE AND FEE IN- ‘‘(II) CORRESPONDENCE DELIVERED TO OTHER with respect to such postsecondary edu- CREASES APPLICABLE TO OUTSTANDING BAL- ADDRESSES.— cation loan to the transferee, immediately ANCE.—Except as provided in clause (iii), a ‘‘(aa) IN GENERAL.—A written correspond- upon receiving such payment, during the 60- postsecondary educational lender or servicer ence of a borrower is a qualified written re- day period beginning on the date on which may not increase the interest rate or other quest if the written correspondence is trans- the transferor stops accepting payment of fee applicable to an outstanding balance on a mitted to and received by a postsecondary such postsecondary education loan; postsecondary education loan. educational lender or servicer at a mailing ‘‘(III) provide to the transferee all bor- ‘‘(iii) EXCEPTIONS.—The requirements address, facsimile number, email address, or rower information and complete payment under clauses (i) and (ii) shall not apply to— website address other than the address or history information for any such postsec- ‘‘(I) an increase based on an applicable number designated by that postsecondary ondary education loans; and variable interest rate incorporated in the educational lender or servicer to receive ‘‘(ii) the transferee shall— terms of a postsecondary education loan that communications from borrowers but the ‘‘(I) notify the borrower, in writing, in sim- provides for changes in the interest rate ac- written correspondence meets the require- ple and understandable terms, not fewer cording to operation of an index that is not ments under items (aa) and (bb) of subclause than 45 days before acquiring a legally en- under the control of the postsecondary edu- (I). forceable right to receive payment from the cational lender or servicer and is published ‘‘(bb) DUTY TO TRANSFER.—A postsecondary for viewing by the general public; borrower on such loan, of— educational lender or servicer shall, within a ‘‘(II) an increase in interest rate due to the ‘‘(aa) the sale or other transfer, assign- reasonable period of time, transfer a written completion of a workout or temporary hard- ment, or transfer of servicing obligations; correspondence of a borrower received by the ship arrangement by the borrower or the ‘‘(bb) the identity of the transferor: postsecondary educational lender or servicer failure of the borrower to comply with the ‘‘(cc) the name and address of the party to at a mailing address, facsimile number, terms of a workout or temporary hardship whom subsequent payments or communica- email address, or website address other than arrangement if— tions must be sent; the address or number designated by that ‘‘(aa) the interest rate applicable to a cat- postsecondary educational lender or servicer ‘‘(dd) the telephone numbers and websites egory of transactions following any such in- to receive communications from borrowers of both the transferor and the transferee; crease does not exceed the rate or fee that to the correct address or appropriate office ‘‘(ee) the effective date of the sale, trans- applied to that category of transactions or other unit of the postsecondary edu- fer, assignment, or transfer of servicing obli- prior to commencement of the arrangement; cational lender or servicer. gations; and ‘‘(cc) DATE OF RECEIPT.—A written cor- ‘‘(ff) the date on which the transferor will ‘‘(bb) the postsecondary educational lender respondence of a borrower transferred in ac- stop accepting payment; and or servicer has provided the borrower, prior cordance with item (bb) shall be deemed to ‘‘(gg) the date on which the transferee will to the commencement of such arrangement, be received by the postsecondary educational begin accepting payment; with clear and conspicuous disclosure of the lender or servicer on the date on which the ‘‘(II) accept as on-time and may not impose terms of the arrangement (including any in- written correspondence is transferred to the any late fee or finance charge for any pay- creases due to such completion or failure); correct address or appropriate office or other ment from a borrower with respect to such and unit of the postsecondary educational lender postsecondary education loan that is for- ‘‘(III) an increase in interest rate due to a or servicer. warded from the transferor during the 90-day provision included within the terms of a ‘‘(iv) SERVICING.—The term ‘servicing’ period beginning on the date on which the postsecondary education loan that provides means 1 or more of the following: transferor stops accepting payment, if the for a lower interest rate based on the bor- ‘‘(I) Receiving any scheduled periodic pay- transferor receives such payment on or be- rower’s agreement to a prearranged plan ments from a borrower or notification of fore the applicable due date, including any that authorizes recurring electronic funds such payments pursuant to the terms of a grace period; transfers if— postsecondary education loan or contract ‘‘(III) provide borrowers a simple, online ‘‘(aa) the borrower withdraws the bor- governing the servicing. process for transferring existing electronic rower’s authorization of the prearranged re- ‘‘(II) Applying payments to the borrower’s fund transfer authority; and curring electronic funds transfer plan; and account pursuant to the terms of the post- ‘‘(IV) honor any promotion or benefit ‘‘(bb) after withdrawal of the borrower’s secondary education loan or the contract available or granted to the borrower or ad- authorization and prior to increasing the in- governing the servicing. vertised by the previous owner or transferor terest rate, the postsecondary educational ‘‘(III) Maintaining account records for a of such postsecondary education loan. lender or servicer has provided the borrower postsecondary education loan. ‘‘(C) MATERIAL CHANGE IN MAILING ADDRESS with clear and conspicuous disclosure of the ‘‘(IV) Communicating with a borrower re- OR PROCEDURE FOR HANDLING PAYMENTS.— impending change in borrower’s interest rate garding a postsecondary education loan on ‘‘(i) IN GENERAL.—If a postsecondary edu- and a reasonable opportunity to reauthorize behalf of the postsecondary educational cational lender or servicer makes a change the prearranged electronic funds transfers lender or servicer. in the mailing address, office, or procedures plan. ‘‘(V) Interactions with a borrower, includ- for handling payments with respect to any ‘‘(E) PAYMENT INFORMATION.— ing activities to help prevent default on obli- postsecondary education loan, the postsec- ‘‘(i) STATEMENT REQUIRED WITH EACH BILL- gations arising from postsecondary edu- ondary educational lender or servicer shall ING CYCLE.—A postsecondary educational cation loans, conducted to facilitate the ac- notify the borrower in writing and through lender or servicer for each borrower’s ac- tivities described in subclause (I) or (II). the borrower’s preferred or designated meth- count that is being serviced by the postsec- ‘‘(B) SALE, TRANSFER, OR ASSIGNMENT.—If od of communication not less than 45 cal- ondary educational lender or servicer and the sale, other transfer, assignment, or endar days in advance of such change. that includes a postsecondary education loan transfer of servicing obligations of a postsec- ‘‘(ii) BORROWER PROTECTION WINDOW.—If a shall transmit to the borrower, for each bill- ondary education loan results in a change in change described in clause (i) causes a delay ing cycle during which there is an out- the identity of the party to whom the bor- in the crediting of the account of the bor- standing balance in that account, a state- rower must send subsequent payments or di- rower made during the 90-day period fol- ment that includes— rect any communications concerning the lowing the date on which such change took ‘‘(I) the interest rate, principal balance, loan— effect, the postsecondary educational lender minimum monthly payment, and payment ‘‘(i) the transferor shall— or servicer may not impose on the borrower due date for each loan; ‘‘(I) notify the borrower, in writing, in sim- any negative consequences, including nega- ‘‘(II) the outstanding balance in the ac- ple and understandable terms, not fewer tive credit reporting, lost eligibility in bor- count and each loan at the beginning of the than 45 days before transferring a legally en- rower benefits, late fees, interest capitaliza- billing cycle; forceable right to receive payment from the tion, or other financial injury. ‘‘(III) the total amount credited to the ac- borrower on such loan, of— ‘‘(D) INTEREST RATE AND TERM CHANGES FOR count and each loan during the billing cycle; ‘‘(aa) the sale or other transfer, assign- CERTAIN POSTSECONDARY EDUCATION LOANS.— ‘‘(IV) the total amount of unpaid interest ment, or transfer of servicing obligations; ‘‘(i) NOTIFICATION REQUIREMENTS.— for the account and each loan; ‘‘(bb) the identity of the transferee; ‘‘(I) IN GENERAL.—Except as provided in ‘‘(V) the amount of any fee added to the ac- ‘‘(cc) the name and address of the party to clause (iii), a postsecondary educational count during the billing cycle, itemized to whom subsequent payments or communica- lender or servicer shall provide written no- show each individual fee amount and reason tions must be sent; tice to a borrower of any material change in for each fee; ‘‘(dd) the telephone numbers and websites the terms of the postsecondary education ‘‘(VI) the address and phone number of the of both the transferor and the transferee; loan, including an increase in the interest postsecondary educational lender or servicer ‘‘(ee) the effective date of the sale, trans- rate, not later than 45 days before the effec- to which the borrower may direct billing in- fer, or assignment; tive date of the change or increase. quiries; ‘‘(ff) the date on which the transferor will ‘‘(II) MATERIAL CHANGES IN TERMS.—The Di- ‘‘(VII) the amount of any payments or stop accepting payment; and rector shall, by regulation, establish guide- other credits during the billing cycle that

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2695 was applied respectively to the principal and smallest monthly payment, and then, after ondary education loan account referred to in to interest for each loan; satisfying that monthly payment, to each subparagraph (A), is a financial institution ‘‘(VIII) the manner, pursuant to subpara- successive loan bearing the next highest that maintains a branch or office at which graph (G), in which payments will be allo- monthly payment, until the payment is ex- payments on any such account are accepted cated among multiple loans if the borrower hausted. A borrower may instruct or ex- from the borrower in person, the date on does not provide specific payment instruc- pressly authorize a postsecondary edu- which the borrower makes a payment on the tions; cational lender or servicer to allocate pay- account at such branch or office shall be con- ‘‘(IX) whether each loan is in deferment or ments in a different manner. sidered to be the date on which the payment forbearance; ‘‘(ii) ALLOCATION OF EXCESS AMOUNTS.—Un- is made for purposes of determining whether ‘‘(X) information on how to file a com- less otherwise directed by the borrower, a late fee may be imposed due to the failure plaint with the Bureau and with the ombuds- upon receipt of a payment exceeding the of the borrower to make payment on or be- man designated pursuant to section 1035 of total amount due among all the borrower’s fore the due date for such payment. the Consumer Financial Protection Act of postsecondary education loans, the postsec- ‘‘(I) BORROWER INQUIRIES.— 2010 (12 U.S.C. 5535) and the Department of ondary educational lender or servicer shall ‘‘(i) DUTY OF POSTSECONDARY EDUCATIONAL Education; satisfy the amounts due for each loan, and LENDERS OR SERVICERS TO RESPOND TO BOR- ‘‘(XI) for any borrower considered to be at- then allocate amounts in excess of the min- risk, as described in subparagraph (J)(i), a imum payment amount first to the postsec- ROWER INQUIRIES.— statement that a repayment specialist office ondary education loan balance bearing the ‘‘(I) NOTICE OF RECEIPT OF REQUEST.—If a or unit designated under subparagraph (J) is highest annual percentage rate, and then, borrower submits a qualified written request available to answer inquiries related to al- once that loan is repaid, to each successive to the postsecondary educational lender or ternative repayment options, including the postsecondary education loan bearing the servicer for information relating to the serv- toll-free telephone number to contact the next highest annual percentage rate, until icing of the postsecondary education loan, specialist pursuant to subparagraph (J)(iii); the payment is exhausted. A borrower may the postsecondary educational lender or and instruct or expressly authorize a postsec- servicer shall provide a written response ac- ‘‘(XII) any other information determined ondary educational lender or servicer to al- knowledging receipt of the qualified written appropriate by the Director through regula- locate such excess payments in a different request within 5 business days unless any ac- tions promulgated, based on consumer test- manner. tion requested by the borrower is taken ing and in accordance with paragraph (17)(A). ‘‘(iii) ALLOCATION OF EXACT PAYMENTS.— within such period. ‘‘(ii) DISCLOSURE OF PAYMENT DEADLINES.— Unless otherwise directed by the borrower ‘‘(II) ACTION WITH RESPECT TO INQUIRY.—Not In the case of a postsecondary education upon receipt of a payment that exactly satis- later than 30 business days after the receipt loan account under which a late fee or fies the monthly payments for each loan, the from a borrower of a qualified written re- charge may be imposed due to the failure of postsecondary educational lender or servicer quest under subclause (I) and, if applicable, the borrower to make payment on or before shall allocate payments to satisfy each before taking any action with respect to the the due date for such payment, the billing monthly payment. qualified written request of the borrower, statement required under clause (i) with re- ‘‘(iv) PROMULGATION OF RULES.—The Direc- the postsecondary educational lender or spect to the account shall include, in a con- tor, in accordance with paragraph (17)(A), servicer shall— spicuous location on the billing statement, may promulgate rules for the allocation of ‘‘(aa) make appropriate corrections in the the date on which the payment is due or, if payments among multiple postsecondary account of the borrower, including the cred- different, the date on which a late fee will be education loans that— iting of any late fees, and transmit to the charged, together with the amount of the ‘‘(I) implements the requirements in this borrower a written notification of such cor- late fee to be imposed if payment is made section; rection (which shall include the name and after that date. ‘‘(II) minimizes the amount of fees and in- toll-free or collect-call telephone number of ‘‘(F) APPLICATION OF PAYMENTS.— terest incurred by the borrower and the total a representative of the postsecondary edu- ‘‘(i) APPLY PAYMENT ON DATE RECEIVED.— loan amount paid by the borrower; cational lender or servicer who can provide Unless otherwise directed by the borrower, a ‘‘(III) minimizes delinquencies, assign- assistance to the borrower); postsecondary educational lender or servicer ments to collection, and charge-offs; ‘‘(bb) after conducting an investigation, shall apply payments to a borrower’s ac- ‘‘(IV) requires postsecondary educational provide the borrower with a written expla- count on the date the payment is received. lenders or servicers to apply payments on nation or clarification that includes— ‘‘(ii) PROMULGATION OF RULES.—The Direc- the date received; and ‘‘(AA) to the extent applicable, a state- tor, in accordance with paragraph (17)(A), ‘‘(V) allows the borrower to instruct post- ment of the reasons for which the postsec- may promulgate rules for the application of secondary educational lenders or servicers to ondary educational lender or servicer be- postsecondary education loan payments apply payments in a manner preferred by the lieves the account of the borrower is correct that— borrower, including excess payments. as determined by the postsecondary edu- ‘‘(I) implements the requirements in this ‘‘(v) METHOD THAT BEST BENEFITS BOR- cational lender or servicer; and section; ROWER.—In promulgating the rules under ‘‘(BB) the name and toll-free or collect-call ‘‘(II) minimizes the amount of fees and in- clause (iv), the Director shall choose the al- telephone number of an individual employed terest incurred by the borrower and the total location method that best benefits the bor- loan amount paid by the borrower; rower and is compatible with existing repay- by, or the office or department of, the post- ‘‘(III) minimizes delinquencies, assign- ment options. secondary educational lender or servicer who ments to collection, and charge-offs; ‘‘(H) LATE FEES.— can provide assistance to the borrower; or ‘‘(IV) requires postsecondary educational ‘‘(i) IN GENERAL.—A late fee may not be ‘‘(cc) after conducting an investigation, lenders or servicers to apply payments on charged to a borrower for a postsecondary provide the borrower with a written expla- the date received; and education loan under any of the following nation or clarification that includes— ‘‘(V) allows the borrower to instruct the circumstances, either individually or in com- ‘‘(AA) information requested by the bor- postsecondary educational lender or servicer bination: rower or explanation of why the information to apply payments in a manner preferred by ‘‘(I) On a per-loan basis when a borrower requested is unavailable or cannot be ob- the borrower. has multiple postsecondary education loans. tained by the postsecondary educational ‘‘(iii) METHOD THAT BEST BENEFITS BOR- ‘‘(II) In an amount greater than 4 percent lender or servicer; and ROWER.—In promulgating the rules under of the amount of the payment past due. ‘‘(BB) the name and toll-free or collect-call clause (ii), the Director shall choose the allo- ‘‘(III) Before the end of the 15-day period telephone number of an individual employed cation method that best benefits the bor- beginning on the date the payment is due. by, or the office or department of, the post- rower and is compatible with existing repay- ‘‘(IV) More than once with respect to a sin- secondary educational lender or servicer who ment options. gle late payment. can provide assistance to the borrower. ‘‘(G) ALLOCATION OF PAYMENTS AMONG MUL- ‘‘(V) The borrower fails to make a singular, ‘‘(III) LIMITED EXTENSION OF RESPONSE TIPLE LOANS.— non-successive regularly-scheduled payment TIME.— ‘‘(i) ALLOCATION OF UNDERPAYMENTS.—Un- on the postsecondary education loan. ‘‘(aa) IN GENERAL.—There may be 1 exten- less otherwise directed by the borrower, ‘‘(ii) COORDINATION WITH SUBSEQUENT LATE sion of the 30-day period described in sub- upon receipt of a payment that does not sat- FEES.—No late fee may be charged to a bor- clause (II) of not more than 15 days if, before isfy the full amount due for each postsec- rower for a postsecondary education loan re- the end of such 30-day period, the postsec- ondary education loan, the postsecondary lating to an insufficient payment if the pay- ondary educational lender or servicer noti- educational lender or servicer shall allocate ment is made on or before the due date of the fies the borrower of the extension and the amounts in a manner that minimizes nega- payment, or within any applicable grace pe- reasons for the delay in responding. tive consequences, including negative credit riod for the payment, if the insufficiency is ‘‘(bb) REPORTS TO BUREAU.—Each postsec- reporting and late fees, and, where multiple attributable only to a late fee relating to an ondary educational lender or servicer shall, loans share an equal stage of delinquency, earlier payment, and the payment is other- on an annual basis, report to the Bureau the the postsecondary educational lender or wise a full payment for the applicable period. aggregate number of extensions sought by servicer shall first allocate payment to the ‘‘(iii) PAYMENTS AT LOCAL BRANCHES.—If the such postsecondary educational lender or postsecondary education loan with the the loan holder, in the case of a postsec- servicer under item (aa).

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‘‘(ii) PROTECTION AGAINST NEGATIVE CON- ‘‘(I) connect directly to the repayment spe- ‘‘(IV) key loan terms, including applica- SEQUENCES.—During the 60-day period begin- cialist office or unit designated under clause tion of payments to interest, principal, and ning on the date on which a postsecondary (i); fees, origination date, principal, capitalized educational lender or servicer receives a ‘‘(II) be made available on the primary interest, annual percentage rate, including qualified written request from a borrower re- internet website of the postsecondary edu- any cap, loan term, and any contractual in- lating to a dispute regarding payments by cational lender or servicer, on monthly bill- centives; the borrower, a postsecondary educational ing statements, and any disclosures required ‘‘(V) amount due to pay off the outstanding lender or servicer may not impose any nega- by paragraph (6); and balance; and tive consequences on the borrower relating ‘‘(III) not subject borrowers to unreason- ‘‘(VI) any other items determined by the able call wait times. to the subject of the qualified written re- Director through regulations promulgated in ‘‘(iv) COMPENSATION.—Staff of the repay- quest or to such period including— accordance with paragraph (17)(A). ment specialist office or unit designated ‘‘(I) providing negative credit information RIGINAL DOCUMENTATION.—A postsec- under clause (i) shall not be compensated on ‘‘(ii) O to any consumer reporting agency (as de- ondary educational lender or servicer shall fined in section 603 of the Fair Credit Report- the basis of the volume of calls or accounts handled, dollar amounts collected, brevity of make available to the borrower, if requested, ing Act (15 U.S.C. 1681a)); at no charge, copies of the original loan doc- ‘‘(II) lost eligibility for a borrower benefit; calls, or in any other manner that may en- courage undue haste and lack of diligence or uments and the promissory note for each ‘‘(III) late fees; postsecondary education loan. ‘‘(IV) interest capitalization; or quality customer service. ‘‘(K) SERVICEMEMBERS, VETERANS, AND ‘‘(M) ERROR RESOLUTION.—The Director, in ‘‘(V) other financial injury. POSTSECONDARY EDUCATION LOANS.— consultation with the Secretary, shall pro- ‘‘(J) REPAYMENT SPECIALISTS FOR AT-RISK ‘‘(i) SERVICEMEMBER AND VETERANS LIAI- mulgate rules requiring postsecondary edu- BORROWERS.— SON.—Each postsecondary educational lender cational lenders or servicers to establish ‘‘(i) AT-RISK BORROWERS.—A postsecondary or servicer shall designate an employee to error resolution procedures to allow bor- educational lender or servicer shall des- act as the servicemember and veterans liai- rowers to inquire about errors related to ignate an office or other unit to act as a re- son who is responsible for answering inquir- their postsecondary education loans and ob- payment specialist regarding postsecondary ies from servicemembers and veterans, and is tain timely resolution of such errors. education loans for— specially trained on servicemember and vet- ‘‘(N) ADDITIONAL SERVICING STANDARDS.— ‘‘(I) any borrower who— eran benefits under the Servicemembers ‘‘(i) PROHIBITIONS.—A postsecondary edu- ‘‘(aa) becomes 30 calendar days or more de- Civil Relief Act (50 U.S.C. App. 501 et seq.) linquent under the postsecondary education cational lender or servicer may not— and other Federal or State laws related to ‘‘(I) charge a fee for responding to a quali- loan; or postsecondary education loans. ‘‘(bb) notifies the postsecondary edu- fied written request under this paragraph; ‘‘(ii) TOLL-FREE TELEPHONE NUMBER.—Each ‘‘(II) fail to take timely action to respond cational lender or servicer pursuant to para- postsecondary educational lender or servicer graph (8)(C) that the borrower is having dif- to a qualified written request from a bor- shall maintain a toll-free telephone number rower to correct an error relating to an allo- ficulty making payment; that shall— ‘‘(II) any borrower who requests informa- cation of payment or the payoff amount of ‘‘(I) connect directly to the servicemember the postsecondary education loan; tion related to options to reduce or suspend and veterans liaison designated under clause ‘‘(III) fail to take reasonable steps to avail the borrower’s monthly payment, or other- (i); the borrower of all possible alternative re- wise indicates that the borrower is experi- ‘‘(II) be made available on the primary payment arrangements to avoid default; encing or is about to experience financial internet website of postsecondary edu- hardship or distress; cational lender or servicer and on monthly ‘‘(IV) fail to perform the obligations re- ‘‘(III) any borrower who has not completed billing statements; and quired under title IV of the Higher Edu- the program of study for which the borrower ‘‘(III) not subject borrowers to unreason- cation Act of 1965 (20 U.S.C. 1070 et seq.); received the loans; able call wait times. ‘‘(V) fail to respond within 10 business days ‘‘(IV) any borrower who is enrolled in dis- ‘‘(iii) PROHIBITION ON CHARGE OFFS AND DE- to a request from a borrower to provide the cretionary forbearance for more than 9 of the FAULT.—A postsecondary educational lender name, address, and other relevant contact previous 12 months; or servicer may not charge off or report a information of the loan holder of the bor- ‘‘(V) any borrower who has rehabilitated or postsecondary education loan as delinquent, rower’s postsecondary education loan or, for consolidated 1 or more postsecondary edu- assigned to collection (internally or by refer- a Federal Direct Loan or a Federal Perkins cation loans out of default within the prior ral to a third party), in default, or charged- Loan, the Secretary of Education, or the in- 24 months; off to a credit reporting agency if the bor- stitution of higher education who made the ‘‘(VI) a borrower who seeks information re- rower is on active duty in the Armed Forces loan, respectively; garding, seeks to enter an agreement for, or (as defined in section 101(d)(1) of title 10, ‘‘(VI) fail to comply with any applicable seeks to resolve an issue under a repayment United States Code) serving in a combat zone requirement of the Servicemembers Civil Re- option that requires subsequent submission (as designated by the President under sec- lief Act (50 U.S.C. App. 501 et seq.); of supporting documentation; tion 112(c) of the Internal Revenue Code of ‘‘(VII) charge a convenience, processing, or ‘‘(VII) a borrower who seeks to modify the 1986). any other fee for payments made electroni- terms of the repayment of the postsecondary ‘‘(iv) ADDITIONAL LIAISONS.—The Director, cally or by telephone; education loan because of hardship; and in consultation with the Secretary, shall de- ‘‘(VIII) fail to comply with any other obli- ‘‘(VIII) any borrower or segment of bor- termine additional entities with whom bor- gation that the Bureau, by regulation, has rowers determined by the Director or the rowers interact, including guaranty agen- determined to be appropriate to carry out Secretary to be at-risk. cies, that shall designate an employee to act the consumer protection purposes of this ‘‘(ii) TRAINING.—Staff of the repayment as the servicemember and veterans liaison paragraph; or specialist office or unit designated under who is responsible for answering inquiries ‘‘(IX) fail to perform other standard serv- clause (i) shall— from servicemembers and veterans and is icing duties and functions. ‘‘(I) receive rigorous, ongoing training re- specially trained on servicemembers and vet- ‘‘(ii) BUSINESS HOURS.—Postsecondary edu- lated to available repayment plans, loan for- eran benefits and option under the cational lenders or servicers shall be open for giveness, and cancellation and discharge op- Servicemembers Civil Relief Act (50 U.S.C. borrower inquiries and outreach during and tions; and App. 501 et seq.). after normal business hours, including avail- ‘‘(II) be trained to— ‘‘(L) BORROWER’S LOAN HISTORY.— ability after 5:00 pm in all continental ‘‘(aa) assess the borrower’s long-term and ‘‘(i) IN GENERAL.—A postsecondary edu- short-term financial situation in discussing cational lender or servicer shall make avail- United States time zones and some weekend alternative repayment options with bor- able in a secure electronic form usable by hours. rowers; borrowers, or in writing upon request, the ‘‘(iii) ADDITIONAL STANDARDS.—The Direc- ‘‘(bb) inform borrowers, when there is suffi- loan history of each borrower for each post- tor may promulgate regulations, in accord- cient information to determine that a bor- secondary education loan, separately desig- ance with paragraph (17)(A), establishing ad- rower may be eligible, about closed-school nating— ditional servicing standards to reduce delin- discharge, discharge under defense to repay- ‘‘(I) payment history, including repayment quencies, assignment to collections, de- ment, or total and permanent disability dis- plan and payments— faults, and charge-offs, and to ensure bor- charge prior to informing the borrower about ‘‘(aa) made on such loan to previous post- rowers understand their rights and obliga- any other options for repayment; and secondary educational lenders or servicers; tions related to their postsecondary edu- ‘‘(cc) inform borrowers about alternative and cation loans. repayment options, prior to discussing for- ‘‘(bb) qualifying toward a loan forgiveness ‘‘(O) PROHIBITION ON LIMITING BORROWER bearance and deferment. program and designating such program; LEGAL ACTION BY POSTSECONDARY EDU- ‘‘(iii) TOLL-FREE TELEPHONE NUMBER.—Each ‘‘(II) loan history, including any CATIONAL LENDERS AND SERVICERS.— postsecondary educational lender or servicer forbearances, deferrals, delinquencies, as- ‘‘(i) WAIVER OF RIGHTS AND REMEDIES.—Any shall maintain a toll-free telephone number signment to collection, and charge offs; rights and remedies available to borrowers that shall— ‘‘(III) annual percentage rate history; against postsecondary educational lenders or

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2697 servicers may not be waived by any agree- the Senate, the Committee on Financial section 3 of the Federal Deposit Insurance ment, policy, or form, including by a manda- Services of the House of Representatives, Act (12 U.S.C. 1813); and tory predispute arbitration agreement or and the Committee on Education and Labor ‘‘(II) the term ‘private education loan’ has class action waiver. of the House of Representatives on any regu- the meaning given the term in section 140(a) ‘‘(ii) PREDISPUTE ARBITRATION AGREE- lations promulgated under clause (i). of the Truth in Lending Act (15 U.S.C. MENTS.—No limitation or restriction on the ‘‘(18) POSTSECONDARY EDUCATIONAL LEND- 1650(a)).’’. ability of a borrower to pursue a claim in ERS OR SERVICERS AND CONTRACTS OR SUB- SEC. 5. IMPROVED CONSUMER PROTECTIONS court with respect to a postsecondary edu- CONTRACTS.— FOR PRIVATE EDUCATION LOANS. cation loan, including mandatory predispute ‘‘(A) IN GENERAL.—Any person or entity Section 128(e) of the Truth in Lending Act arbitration agreements and class action that enters into a contract or subcontract (15 U.S.C. 1638(e)), as amended by section 3, is waivers, shall be valid or enforceable by a with a postsecondary educational lender or further amended— postsecondary educational lender or servicer to perform the servicing of a post- (1) by adding at the end the following: servicer, including as a third-party bene- secondary educational loan may fulfill the ‘‘(19) DISCHARGE OF PRIVATE EDUCATION ficiary or by estoppel. obligations of the postsecondary educational LOANS IN THE EVENT OF DEATH OR DISABILITY ‘‘(P) PREEMPTION.—Nothing in this para- lender or servicer under this subsection. OF THE BORROWER.—Each private education graph may be construed to preempt any pro- OINT AND SEVERAL LIABILITY FOR ‘‘(B) J loan shall include terms that provide that vision of State law regarding postsecondary SERVICE PROVIDERS.—Any entity or person the liability to repay the loan shall be can- education loans where the State law provides described in subparagraph (A) shall be joint- celled— stronger consumer protections. ly and severally liable for the actions of the ‘‘(A) upon the death of the borrower; ‘‘(Q) CIVIL LIABILITY.—A postsecondary entity or person in fulfilling the obligations ‘‘(B) if the borrower becomes permanently educational lender or servicer that fails to of the postsecondary educational lender or and totally disabled, as determined under comply with any requirement imposed under servicer under this subsection.’’; and section 437(a)(1) of the Higher Education Act this paragraph shall be deemed a creditor (B) by adding at the end the following: of 1965 (20 U.S.C. 1087(a)(1)) and the regula- that has failed to comply with a requirement ‘‘(g) INFORMATION TO BE AVAILABLE AT NO tions promulgated by the Secretary under under this chapter for purposes of liability CHARGE.—The information required to be dis- under section 130 and such postsecondary closed under this section shall be made that section; or educational lender or servicer shall be sub- available at no charge to the borrower.’’; and ‘‘(C) if the Secretary of Veterans Affairs or ject to the liability provisions under such (2) in section 130(a)— the Secretary of Defense determines that the section, including the provisions under para- (A) in paragraph (3), by striking ‘‘128(e)(7)’’ borrower is unemployable due to a service- graphs (1), (2)(A)(i), (2)(B), and (3) of section and inserting ‘‘128(e)(11)’’; and connected condition or disability, in accord- 130(a). (B) in the flush matter at the end, by strik- ance with the requirements of section ‘‘(R) ELIGIBILITY FOR DISCHARGE.—The Di- ing ‘‘or paragraph (4)(C), (6), (7), or (8) of sec- 437(a)(2) of such Act and the regulations pro- rector, in accordance with paragraph (17)(A), tion 128(e),’’ and inserting ‘‘or paragraph mulgated by the Secretary under that sec- shall promulgate rules requiring postsec- (4)(C), (10), (11), or (12) of section 128(e),’’. tion. ondary educational lenders and servicers (b) EFFECTIVE DATE.— ‘‘(20) TERMS FOR CO-BORROWERS.—Each pri- to— (1) IN GENERAL.—The amendments made vate education loan shall include terms that ‘‘(i) identify and contact borrowers who under subsection (a) shall be effective 180 clearly define the requirements to release a may be eligible for student loan discharge by days after the date of enactment of this Act. co-borrower from the obligation. the Secretary, including under section 437 of (2) DELAY.—The Director of the Bureau of ‘‘(21) PROHIBITION OF ACCELERATION OF PAY- the Higher Education Act of 1965 (20 U.S.C. Consumer Financial Protection shall delay MENTS ON PRIVATE EDUCATION LOANS.— 1087); and the effective date of the amendments made ‘‘(A) IN GENERAL.—Except as provided in ‘‘(ii) provide the borrower, in writing, in under subsection (a) for not more than 1 ad- subparagraph (B), a private education loan simple and understandable terms, informa- ditional year with respect to entities en- executed after the date of enactment of this tion about obtaining such discharge. gaged in servicing pursuant to a contract paragraph may not include a provision that ‘‘(17) CONSUMER FINANCIAL PROTECTION BU- awarded under section 456 of the Higher Edu- permits the private educational lender, loan REAU REQUIREMENTS.— cation Act of 1965 (20 U.S.C. 1087f) pending holder, or entity engaged in servicing such ‘‘(A) RULEMAKING.—The Director shall, the Secretary of Education’s final rec- loan to accelerate, in whole or in part, pay- based on consumer testing (as appropriate) ommendations required under section 456(g) ments on the private education loan. and upon consideration of any final rec- of such Act related to the promulgation of ‘‘(B) ACCELERATION CAUSED BY A PAYMENT ommendations published by the Secretary regulations by the Director under section DEFAULT.—A private education loan may in- under section 456(g)(3) of the Higher Edu- 128(e)(17) of the Truth in Lending Act (15 clude a provision that permits acceleration cation Act of 1965 (20 U.S.C. 1087f(g)(3)), pro- U.S.C. 1638(e)(17)). of the loan in cases of payment default. mulgate regulations in consultation with the SEC. 4. REHABILITATION OF PRIVATE EDU- ‘‘(22) PROHIBITION ON DENIAL OF CREDIT DUE Secretary, to carry out the requirements of CATION LOANS. TO ELIGIBILITY FOR PROTECTION UNDER this subsection. Section 623(a)(1)(E) of the Fair Credit Re- SERVICEMEMBERS CIVIL RELIEF ACT.—A pri- ‘‘(B) COMPLIANCE FOR CERTAIN ENTITIES.— porting Act (15 U.S.C. 1681s–2(a)(1)(E)) is vate educational lender may not deny or ‘‘(i) IN GENERAL.—The Director may pro- amended to read as follows: refuse credit to an individual who is entitled mulgate regulations under subparagraph (A) ‘‘(E) REHABILITATION OF PRIVATE EDUCATION to any right or protection provided under the to require an entity or class of entities with LOANS.— Servicemembers Civil Relief Act (50 U.S.C. which the Secretary has entered into a con- ‘‘(i) IN GENERAL.—If a borrower of a private App. 501 et seq.) or subject, solely by reason tract under section 456 of the Higher Edu- education loan rehabilitates such loan in ac- of such entitlement, such individual to any cation Act of 1965 (20 U.S.C. 1087f) to comply cordance with section 128(e)(23) of the Truth other action described in paragraphs (1) with an alternative requirement or standard in Lending Act (15 U.S.C. 1638(e)(23)), the pri- through (6) of section 108 of such Act. promulgated by the Director in lieu of com- vate educational lender or entity engaged in ‘‘(23) REHABILITATION OF PRIVATE EDU- pliance with any requirement or standard servicing such loan shall request that any CATION LOANS.— under this subsection if the Director deter- consumer reporting agency to which the ‘‘(A) IN GENERAL.—If a borrower of a pri- mines that— charge-off was reported remove the delin- vate education loan successfully and volun- ‘‘(I) such entity or class of entities are not quency that led to the charge-off and the tarily makes 9 payments within 20 days of required by the Secretary pursuant to the charge-off from the borrower’s credit his- the due date during 10 consecutive months of contract to perform a servicing function gov- tory. amounts owed on the private education loan, erned by the requirement or standard, and ‘‘(ii) BANKING AGENCIES.— or otherwise brings the private education where such function is required by the Sec- ‘‘(I) IN GENERAL.—If a private educational loan current after the loan is charged-off, retary, to be performed by another entity or lender is supervised by a Federal banking the loan shall be considered rehabilitated, class of entities; or agency, the private educational lender shall and the lender or entity engaged in servicing ‘‘(II) the Secretary, in consultation with seek written approval from the Federal such loan shall request that any consumer the Chief Operating Officer of Federal Stu- banking agency that the terms and condi- reporting agency to which the charge-off was dent Aid, has promulgated regulations to es- tions of the loan rehabilitation program of reported remove the delinquency that led to tablish an alternative requirement or stand- the lender meet the requirements of section the charge-off and the charge-off from the ard with respect to such entity or class of en- 128(e)(23) of the Truth in Lending Act (15 borrower’s credit history. tities that better benefits or protects bor- U.S.C. 1638(e)(23)). ‘‘(B) TERMS.—No private educational lend- rowers and the Director incorporates such ‘‘(II) FEEDBACK.—An appropriate Federal er shall offer a borrower rehabilitation of requirement or standard that better benefits banking agency shall provide feedback to a loans where the payment required to reha- or protects borrowers into regulations pro- private educational lender within 120 days of bilitate a defaulted private education loan is mulgated under subparagraph (A). a request for approval under subclause (I). less than the monthly payment amount re- ‘‘(ii) REPORTS.—The Director shall report ‘‘(iii) DEFINITIONS.—For purposes of this quired upon completion of rehabilitation.’’; to the Committee on Banking, Housing, and subparagraph— (2) in paragraph (1)— Urban Affairs of the Senate, the Committee ‘‘(I) the term ‘appropriate Federal banking (A) by striking subparagraph (D) and in- on Health, Education, Labor, and Pensions of agency’ has the meaning given the term in serting the following:

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‘‘(D) requirements for a co-borrower, in- not to exceed the amount described in sub- (1) PROGRAM PARTICIPATION AGREEMENTS.— cluding— paragraph (A)(iii), with respect to an exten- Section 487(a) of the Higher Education Act of ‘‘(i) any changes in the applicable interest sion of credit described in this subsection 1965 (20 U.S.C. 1094(a)) is amended by striking rates without a co-borrower; and without obtaining from the relevant institu- paragraph (28) and inserting the following: ‘‘(ii) any conditions the borrower is re- tion of higher education such institution’s ‘‘(28)(A) Upon the request of a private edu- quired meet in order to release a co-borrower certification if such institution fails to pro- cational lender, acting in connection with an from the private education loan obligation;’’; vide within 15 business days of the creditor’s application initiated by a borrower for a pri- (B) by redesignating subparagraphs (O), request for such certification— vate education loan in accordance with sec- (P), (Q), and (R) as subparagraphs (P), (Q), ‘‘(i) notification of the institution’s refusal tion 128(e)(3) of the Truth in Lending Act (15 (R), and (S), respectively; and to certify the request; or U.S.C. 1638(e)(3)), the institution shall within (C) by inserting after subparagraph (N) the ‘‘(ii) notification that the institution has 15 days of receipt of a certification request— following: received the request for certification and ‘‘(i) provide such certification to such pri- ‘‘(O) in the case of a refinancing of edu- will need additional time to comply with the vate educational lender— cation loans that include a Federal student certification request. ‘‘(I) that the student who initiated the ap- loan made, insured, or guaranteed under ‘‘(C) LOANS DISBURSED WITHOUT CERTIFI- plication for the private education loan, or title IV of the Higher Education Act of 1965 CATION.—If a creditor issues funds without on whose behalf the application was initi- (20 U.S.C. 1070 et seq.)— obtaining a certification, as described in sub- ated, is enrolled or is scheduled to enroll at ‘‘(i) a list containing each loan to be refi- paragraph (B), such creditor shall report the the institution; nanced, which shall identify whether the issuance of such funds in a manner deter- ‘‘(II) of such student’s cost of attendance loan is a private education loan or a Federal mined by the Director.’’; and at the institution as determined under part student loan made, insured, or guaranteed (B) by adding at the end the following: F of this title; and under title IV of the Higher Education Act of ‘‘(24) PROVISION OF INFORMATION.— ‘‘(III) of the difference between— 1965 (20 U.S.C. 1070 et seq.); and ‘‘(A) PROVISION OF INFORMATION TO STU- ‘‘(aa) the cost of attendance at the institu- ‘‘(ii) benefits that the borrower may be for- DENTS.— tion; and feiting, including income-driven repayment ‘‘(i) LOAN STATEMENT.—A creditor that ‘‘(bb) the student’s estimated financial as- options, opportunities for loan forgiveness, issues any funds with respect to an extension sistance received under this title (except for forbearance or deferment options, interest of credit described in this subsection shall Federal Direct PLUS Loans made on behalf subsidies, and tax benefits;’’; and send loan statements, where such loan is to of the student) and other assistance known (3) in paragraph (2)— be used for a student, to borrowers of such to the institution, as applicable (except for (A) by redesignating subparagraphs (O) and funds not less than once every 3 months dur- loans made under the Public Health Service (P) as subparagraphs (P) and (Q), respec- ing the time that such student is enrolled at Act (42 U.S.C. 201 et seq.)); tively; and an institution of higher education. ‘‘(ii) notify the creditor that the institu- (B) by inserting after subparagraph (N) the ‘‘(ii) CONTENTS OF LOAN STATEMENT.—Each tion has received the request for certifi- following: statement described in clause (i) shall— cation and will need additional time to com- ‘‘(O) in the case of a refinancing of edu- ‘‘(I) report the borrower’s total remaining ply with the certification request; or cation loans that include a Federal student debt to the creditor, including accrued but ‘‘(iii) provide notice to the private edu- loan made, insured, or guaranteed under unpaid interest and capitalized interest; cational lender of the institution’s refusal to title IV of the Higher Education Act of 1965 ‘‘(II) report any debt increases since the certify the private education loan under sub- (20 U.S.C. 1070 et seq.)— last statement; and paragraph (D). ‘‘(i) a list containing each loan to be refi- ‘‘(III) list the current interest rate for each ‘‘(B) With respect to a certification request nanced, which shall identify whether the loan. described in subparagraph (A), and prior to loan is a private education loan or a Federal ‘‘(B) NOTIFICATION OF LOANS DISBURSED providing such certification under subpara- student loan made, insured, or guaranteed WITHOUT CERTIFICATION.—On or before the graph (A)(i) or providing notice of the refusal under title IV of the Higher Education Act of date a creditor issues any funds with respect to provide certification under subparagraph 1965 (20 U.S.C. 1070 et seq.); and to an extension of credit described in this (A)(iii), the institution shall— ‘‘(ii) benefits that the borrower may be for- subsection, the creditor shall notify the rel- ‘‘(i) determine whether the student who feiting, including income-driven repayment evant institution of higher education, in initiated the application for the private edu- options, opportunities for loan forgiveness, writing, of the amount of the extension of cation loan, or on whose behalf the applica- forbearance or deferment options, interest credit and the student on whose behalf credit tion was initiated, has applied for and ex- subsidies, and tax benefits;’’. is extended. The form of such written notifi- hausted the Federal financial assistance SEC. 6. KNOW BEFORE YOU OWE. cation shall be subject to the regulations of available to such student under this title and (a) AMENDMENTS TO THE TRUTH IN LENDING the Bureau of Consumer Financial Protec- inform the student accordingly; and ACT.— tion. ‘‘(ii) provide the borrower whose loan ap- (1) IN GENERAL.—Section 128(e) of the Truth ‘‘(C) ANNUAL REPORT.—A creditor that plication has prompted the certification re- in Lending Act (15 U.S.C. 1638(e)), as amend- issues funds with respect to an extension of quest by a private educational lender, as de- ed by sections 3 and 5, is further amended— credit described in this subsection shall pre- scribed in subparagraph (A)(i), with the fol- (A) by striking paragraph (3) and inserting pare and submit an annual report to the Bu- lowing information and disclosures: the following: reau of Consumer Financial Protection con- ‘‘(I) The availability of, and the borrower’s ‘‘(3) INSTITUTIONAL CERTIFICATION RE- taining the required information about pri- potential eligibility for, Federal financial as- QUIRED.— vate student loans to be determined by the sistance under this title, including disclosing ‘‘(A) IN GENERAL.—Except as provided in Bureau of Consumer Financial Protection, in the terms, conditions, interest rates, and re- subparagraph (B), before a creditor may consultation with the Secretary.’’. payment options and programs of Federal issue any funds with respect to an extension (2) DEFINITION OF PRIVATE EDUCATION student loans. of credit described in this subsection, the LOAN.—Section 140(a)(8)(A) of the Truth in ‘‘(II) The borrower’s ability to select a pri- creditor shall obtain from the relevant insti- Lending Act (15 U.S.C. 1650(a)(8)(A)) is vate educational lender of the borrower’s tution of higher education where such loan is amended— choice. to be used for a student, such institution’s (A) by redesignating clause (ii) as clause ‘‘(III) The impact of a proposed private certification of— (iii); education loan on the borrower’s potential ‘‘(i) the enrollment status of the student; (B) in clause (i), by striking ‘‘and’’ after eligibility for other financial assistance, in- ‘‘(ii) the student’s cost of attendance at the semicolon; and cluding Federal financial assistance under the institution as determined by the institu- (C) by adding after clause (i) the following: this title. tion under part F of title IV of the Higher ‘‘(ii) is not made, insured, or guaranteed ‘‘(IV) The borrower’s right to accept or re- Education Act of 1965 (20 U.S.C. 1087kk et under title VII or title VIII of the Public ject a private education loan within the 30- seq.); and Health Service Act (42 U.S.C. 292 et seq. and day period following a private educational ‘‘(iii) the difference between— 296 et seq.); and’’. lender’s approval of a borrower’s application ‘‘(I) such cost of attendance; and (3) REGULATIONS.—Not later than 365 days and about a borrower’s 3-day right to cancel ‘‘(II) the student’s estimated financial as- after the date of enactment of this Act, the period. sistance, including such assistance received Director of the Bureau of Consumer Finan- ‘‘(C) For purposes of this paragraph, the under title IV of the Higher Education Act of cial Protection shall issue regulations in terms ‘private educational lender’ and ‘pri- 1965 (20 U.S.C. 1070 et seq.) (except for Fed- final form to implement paragraphs (3) and vate education loan’ have the meanings eral Direct PLUS Loans made on behalf of (23) of section 128(e) of the Truth in Lending given such terms in section 140 of the Truth the student) and other financial assistance Act (15 U.S.C. 1638(e)), as amended by para- in Lending Act (15 U.S.C. 1650). known to the institution, as applicable (ex- graph (1). Such regulations shall become ef- ‘‘(D)(i) An institution shall not provide a cept for loans made under the Public Health fective not later than 6 months after their certification with respect to a private edu- Service Act (42 U.S.C. 201 et seq.)). date of issuance. cation loan under this paragraph unless the ‘‘(B) EXCEPTION.—Notwithstanding sub- (b) AMENDMENTS TO THE HIGHER EDUCATION private education loan includes terms that paragraph (A), a creditor may issue funds, ACT OF 1965.— provide—

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2699 ‘‘(I) the borrower alternative repayment sponses to those complaints by the Bureau cation Act of 1965 (20 U.S.C. 1087kk et seq.)) options, including loan consolidation or refi- or other appropriate Federal or State agen- or parents of such students; nancing; and cy;’’; and (F) whether such borrowers are students ‘‘(II) for the discharge of the borrower and (D) in paragraph (3), by striking ‘‘private’’; enrolled in a program leading to a certifi- co-borrower’s, if applicable, liability to (5) in subsection (d)— cate, license, or credential other than a de- repay the loan pursuant to paragraphs (19) (A) in paragraph (2)— gree, an associates degree, a baccalaureate and (20) of section 128(e) of the Truth in (i) by striking ‘‘on the same day annu- degree, or a graduate or professional degree; Lending Act (15 U.S.C. 1638(e)). ally’’; and and ‘‘(ii) In this paragraph, the term ‘dis- (ii) by inserting ‘‘and be made available to (G) if practicable, employment and repay- ability’ means a permanent and total dis- the public’’ after ‘‘Representatives’’; and ment behaviors; ability, as determined in accordance with (B) by adding at the end the following: (5) the characteristics of private edu- the regulations of the Secretary of Edu- ‘‘(3) CONTENTS.—The report required under cational lenders, including whether such cation, or a determination by the Secretary paragraph (1) shall include information on creditors are for-profit, non-profit, or insti- of Veterans Affairs that the borrower is un- the number, nature, and resolution of com- tutions of higher education; employable due to a service connected-dis- plaints received, disaggregated by postsec- (6) the underwriting criteria used by pri- ability.’’. ondary educational lender or servicer, re- vate educational lenders, including the use (2) EFFECTIVE DATE.—The amendment gion, State, and institution of higher edu- of cohort default rate (as such term is de- made by paragraph (1) shall take effect on cation.’’; and fined in section 435(m) of the Higher Edu- the effective date of the regulations de- (6) by striking subsection (e) and inserting cation Act of 1965 (20 U.S.C. 1085(m)); scribed in subsection (a)(3). the following: (7) the terms, conditions, and pricing of (3) PREFERRED LENDER ARRANGEMENT.— ‘‘(e) DEFINITIONS.—In this section: private education loans; Section 151(8)(A)(ii) of the Higher Education ‘‘(1) BORROWER.—The term ‘borrower’ (8) the consumer protections available to Act of 1965 (20 U.S.C. 1019(8)(A)(ii)) is amend- means a borrower of a postsecondary edu- private education loan borrowers, including ed by inserting ‘‘certifying,’’ after ‘‘pro- cation loan. the effectiveness of existing disclosures and moting,’’. ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— requirements and borrowers’ awareness and (c) REPORT.— The term ‘institution of higher education’ understanding about terms and conditions of (1) IN GENERAL.—Not later than 24 months has the meaning given the term in section various financial products; after the issuance of regulations under sub- 140 of the Truth in Lending Act (15 U.S.C. (9) whether Federal regulators and the pub- section (a)(3), the Director of the Bureau of 1650). lic have access to information sufficient to Consumer Financial Protection and the Sec- ‘‘(3) POSTSECONDARY EDUCATION LOAN.—The provide them with assurances that private retary of Education shall jointly submit to term ‘postsecondary education loan’ means— education loans are provided in accord with Congress a report on the compliance of— ‘‘(A) a private education loan, as defined in the Nation’s fair lending laws and that al- (A) private educational lenders with sec- section 140 of the Truth in Lending Act (15 lows public officials to determine lender tion 128(e)(3) of the Truth in Lending Act (15 U.S.C. 1650); or compliance with fair lending laws; and U.S.C. 1638(e)), as amended by subsection (a); ‘‘(B) a loan made, insured, or guaranteed (10) any statutory or legislative rec- and under part B, D, or E of title IV of the Higher ommendations necessary to improve con- (B) institutions of higher education with Education Act of 1965 (20 U.S.C. 1071 et seq., sumer protections for private education loan section 487(a)(28) of the Higher Education 1087a et seq., and 1087aa et seq.).’’. borrowers and to better enable Federal regu- Act of 1965 (20 U.S.C. 1094(a)), as amended by SEC. 9. REPORT ON PRIVATE EDUCATION LOANS lators and the public to ascertain private subsection (b). AND PRIVATE EDUCATIONAL LEND- educational lender compliance with fair (2) CONTENTS.—The report under paragraph ERS. lending laws. (1) shall include information about the de- (a) IN GENERAL.—Not later than 2 years SEC. 10. REPORT ON POSTSECONDARY EDU- gree to which specific institutions utilize after the date of enactment of this Act, the CATION LOAN SERVICING. certifications in effectively— Director of the Bureau of Consumer Finan- Not later than 1 year after the date of en- (A) encouraging the exhaustion of Federal cial Protection and the Secretary of Edu- actment of this Act, the Director of the Bu- student loan eligibility by borrowers prior to cation, in consultation with the Commis- reau of Consumer Financial Protection and taking on private education loan debt; and sioners of the Federal Trade Commission and the Secretary of Education shall submit a (B) lowering student private education the Attorney General of the United States, joint report to the Committee on Banking, loan debt by borrowers. shall submit a report to the Committee on Housing, and Urban Affairs of the Senate, SEC. 7. CENTRALIZED POINT OF ACCESS. Banking, Housing, and Urban Affairs of the the Committee on Health, Education, Labor, Part G of title IV of the Higher Education Senate, the Committee on Health, Edu- and Pensions of the Senate, the Committee Act of 1965 (20 U.S.C. 1088 et seq.) is amended cation, Labor, and Pensions of the Senate, on Financial Services of the House of Rep- by adding at the end the following: the Committee on Financial Services of the resentatives, and the Committee on Edu- ‘‘SEC. 493E. CENTRALIZED POINT OF ACCESS. House of Representatives, and the Com- cation and Labor of the House of Representa- ‘‘Not later than 2 years after the date of mittee on Education and Labor of the House tives on servicing of postsecondary edu- enactment of the Student Loan Borrower of Representatives on private education cation loans, including— Bill of Rights, the Secretary shall establish loans (as that term is defined in section 140 (1) any legislative recommendations to im- a centralized point of access for all bor- of the Truth in Lending Act (15 U.S.C. 1650)) prove servicing standards; and rowers of loans that are made, insured, or and private educational lenders (as that (2) information on proactive early inter- guaranteed under this title that are in re- term is defined in such section). vention methods by postsecondary edu- payment, including a central location for ac- (b) CONTENTS.—The report required by this cational lenders or servicers to help dis- count information and payment processing section shall examine, at a minimum— tressed postsecondary education loan bor- for such loan servicing, regardless of the spe- (1) the growth and changes of the private rowers enroll in any eligible repayment cific entity engaged in servicing.’’. education loan market in the United States; plans. SEC. 8. EDUCATION LOAN OMBUDSMAN. (2) factors influencing such growth and f Section 1035 of the Consumer Financial changes; Protection Act of 2010 (12 U.S.C. 5535) is (3) the extent to which students and par- SUBMITTED RESOLUTIONS amended— ents of students rely on private education (1) in the section heading, by striking ‘‘PRI- loans to finance postsecondary education VATE’’; and the private education loan indebtedness SENATE RESOLUTION 192—TO AU- (2) in subsection (a)— of borrowers; THORIZE TESTIMONY AND REP- (A) by striking ‘‘a Private’’ and inserting (4) the characteristics of private education RESENTATION IN STATE OF NE- ‘‘an’’; and loan borrowers, including— (B) by striking ‘‘private’’; (A) the types of institutions of higher edu- VADA V. LACAMERA (3) in subsection (b), by striking ‘‘private cation that they attend; Mr. MCCONNELL (for himself and education student loan’’ and inserting ‘‘post- (B) socioeconomic characteristics (includ- Mr. SCHUMER) submitted the following secondary education loan’’; ing income and education levels, racial char- resolution; which was considered and (4) in subsection (c)— acteristics, geographical background, age, agreed to: (A) in the matter preceding paragraph (1), and gender); by striking ‘‘subsection’’ and inserting ‘‘sec- (C) what other forms of financing bor- S. RES. 192 tion’’; rowers use to pay for education; Whereas, in the case of State of Nevada v. (B) in paragraph (1), by striking ‘‘private’’; (D) whether they exhaust their Federal Lacamera, Case No. 19FN0945X, pending in (C) by striking paragraph (2) and inserting loan options before taking out a private edu- the North Las Vegas Justice Court in Ne- the following: cation loan; vada, the prosecution has requested the pro- ‘‘(2) coordinate with the unit of the Bureau (E) whether such borrowers are dependent duction of testimony from Ariana Morales, established under section 1013(b)(3), in order or independent students (as determined an employee of the office of Senator Cath- to monitor complaints by borrowers and re- under part F of title IV of the Higher Edu- erine Cortez Masto;

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.005 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2700 CONGRESSIONAL RECORD — SENATE May 7, 2019 Whereas, pursuant to sections 703(a) and Whereas the goals of Kids to Parks Day following nominations: Dale Cabaniss, 704(a)(2) of the Ethics in Government Act of are— of Virginia, to be Director of the Office 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the (1) to promote healthy outdoor recreation of Personnel Management, and Michael Senate may direct its counsel to represent and environmental stewardship; Eric Wooten, of Virginia, to be Admin- current and former Members and employees (2) to empower young people; and of the Senate with respect to any subpoena, (3) to encourage families to get outdoors istrator for Federal Procurement Pol- order, or request for testimony relating to and visit the parks and public land of the icy. their official responsibilities; United States; COMMITTEE ON THE JUDICIARY Whereas, by the privileges of the Senate of Whereas, on Kids to Parks Day, individuals The Committee on the Judiciary is the United States and Rule XI of the Stand- from rural and urban areas of the United authorized to meet during the session ing Rules of the Senate, no evidence under States can be reintroduced to the splendid of the Senate on Tuesday, May 7, 2019, the control or in the possession of the Senate national, State, and neighborhood parks lo- may, by the judicial or administrative proc- at 10 a.m., to conduct a business meet- cated in their communities; ing and hearing entitled ‘‘Intellectual ess, be taken from such control or possession Whereas communities across the United but by permission of the Senate; and States offer a variety of natural resources property and the price of prescription Whereas, when it appears that evidence and public land, often with free access, to in- drugs.’’ under the control or in the possession of the dividuals seeking outdoor recreation; SUBCOMMITTEE ON REGULATORY AFFAIRS AND Senate may promote the administration of Whereas the people of the United States, FEDERAL MANAGEMENT justice, the Senate will take such action as young and old, should be encouraged to lead The Subcommittee on Regulatory Af- will promote the ends of justice consistent more healthy and active lifestyles; with the privileges of the Senate: Now, fairs and Federal Management of the Whereas Kids to Parks Day is an oppor- Committee on Homeland Security and therefore, be it tunity for families to take a break from Resolved, That Ariana Morales, an em- their busy lives and come together for a day Governmental Affairs is authorized to ployee of the Office of Senator Catherine of active, wholesome fun; and meet during the session of the Senate Cortez Masto, and any other current or Whereas Kids to Parks Day will— on Tuesday, May 7, 2019, at 10 a.m., to former employee of the Senator’s office from (1) broaden an appreciation for nature and conduct a hearing. whom relevant evidence may be necessary, the outdoors in young people; f are authorized to testify in the case of State (2) foster a safe setting for independent of Nevada v. Lacamera, except concerning play and healthy adventure in neighborhood APPOINTMENTS matters for which a privilege should be as- parks; and serted. (3) facilitate self-reliance while strength- THE PRESIDING OFFICER. The SEC. 2. The Senate Legal Counsel is author- ening communities: Now, therefore, be it Chair, on behalf of the Vice President, ized to represent Senator Cortez Masto and Resolved, That the Senate— pursuant to Public Law 94–304, as any current or former employees of the Sen- (1) designates May 18, 2019, as ‘‘Kids to amended by Public Law 99–7, appoints ator’s office in connection with the produc- Parks Day’’; the following Senators as members of tion of evidence authorized in section one of (2) recognizes the importance of outdoor the Commission on Security and Co- this resolution. recreation and the preservation of open operation in Europe (Helsinki) during Mr. MCCONNELL. Mr. President, on spaces to the health and education of the the 116th Congress: the Honorable BEN- behalf of myself and the distinguished young people of the United States; and JAMIN L. CARDIN of Maryland; the Hon- Democratic leader, Mr. SCHUMER, I (3) encourages the people of the United send to the desk a resolution author- States to observe Kids to Parks Day with ap- orable SHELDON WHITEHOUSE of Rhode izing the production of testimony and propriate programs, ceremonies, and Island; the Honorable TOM UDALL of representation by the Senate Legal activities. New Mexico; the Honorable JEANNE Counsel, and ask for its immediate f SHAHEEN of New Hampshire. The Chair, on behalf of the President consideration. AUTHORITY FOR COMMITTEES TO of the Senate, pursuant to Public Law Mr. President, this resolution con- MEET cerns a request for evidence in a crimi- 106–286, appoints the following Mem- Mr. CRAPO. Mr. President, I have 5 nal action pending in Nevada State bers to serve on the Congressional-Ex- requests for committees to meet during court. In this action the defendant is ecutive Commission on the People’s today’s session of the Senate. They charged with threatening or attempt- Republic of China: the Honorable have the approval of the Majority and ing to intimidate public officials in DIANNE FEINSTEIN of California; the Minority leaders. voicemails he left with the Las Vegas Honorable JEFF MERKLEY of Oregon; Pursuant to rule XXVI, paragraph office of Senator CORTEZ MASTO. A pre- the Honorable GARY C. PETERS of 5(a), of the Standing Rules of the Sen- liminary hearing is scheduled for May Michigan; the Honorable ANGUS S. ate, the following committees are au- 8, 2019. KING Jr. of Maine. thorized to meet during today’s session The prosecution is seeking testimony f of the Senate: from one of the Senator’s staff assist- AUTHORIZING TESTIMONY AND ants who listened to the voicemails at COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS REPRESENTATION IN STATE OF issue. Senator CORTEZ MASTO would NEVADA V. LACAMERA like to cooperate with this request by The Committee on Banking, Housing, providing relevant employee testimony and Urban Affairs is authorized to Mr. KENNEDY. Madam President, I from her office. meet during the session of the Senate ask unanimous consent that the Sen- The enclosed resolution would au- on Tuesday, May 7, 2019, at 10 a.m., to ate proceed to the consideration of S. thorize that staffer, and any other cur- conduct a hearing entitled ‘‘Privacy Res. 192, submitted earlier today. rent or former employee of the Sen- rights and data collection in a digital The PRESIDING OFFICER. Without ator’s office from whom relevant testi- economy.’’ objection, it is so ordered. mony may be needed, to testify in this COMMITTEE HEALTH, EDUCATION, LABOR, AND The clerk will report the resolution criminal action, with representation by PENSIONS by title. the Senate Legal Counsel. The Committee Health, Education, The legislative clerk read as follows: f Labor, and Pensions is authorized to A resolution (S. Res. 192) to authorize tes- meet during the session of the Senate timony and representation in the State of SENATE RESOLUTION 193—DESIG- on Tuesday, May 7, 2019, at 10 a.m., to Nevada v. Lacamera. NATING MAY 18, 2019, AS ‘‘KIDS conduct a hearing entitled ‘‘Making The PRESIDING OFFICER. There TO PARKS DAY’’ electronic health information available being no objection, the Senate pro- Mr. WYDEN (for himself, Mr. ALEX- to patients and providers.’’ ceeded to consider the resolution. ANDER, Mr. BOOKER, Mr. PORTMAN, Ms. COMMITTEE ON HOMELAND SECURITY AND Mr. KENNEDY. Madam President, I HIRONO, and Mr. HEINRICH) submitted GOVERNMENTAL AFFAIRS ask unanimous consent that the reso- the following resolution; which was The Committee on Homeland Secu- lution be agreed to, the preamble be considered and agreed to: rity and Governmental Affairs is au- agreed to, and the motions to recon- S. RES. 193 thorized to meet during the session of sider be considered made and laid upon Whereas the 9th annual Kids to Parks Day the Senate on Tuesday, May 7, 2019, at the table with no intervening action or will be celebrated on May 18, 2019; 2:30 p.m., to conduct a hearing on the debate.

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A07MY6.038 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2701 The PRESIDING OFFICER. Without ORDERS FOR WEDNESDAY, MAY 8, tics can explain our failure to thwart objection, it is so ordered. 2019 Russia’s hand in Syria and allow Putin The resolution (S. Res. 192) was Mr. KENNEDY. Madam President, I to sit back and enjoy the political in- agreed to. ask unanimous consent that when the stability spawned in Europe by the re- The preamble was agreed to. Senate completes its business today, it sulting migration crisis? What force (The resolution, with its preamble, is adjourn until 9:30 a.m., Wednesday, other than politics can have us playing printed in today’s RECORD under ‘‘Sub- May 8; further, that following the pray- right into Putin’s hands? What force mitted Resolutions.’’) er and pledge, the morning hour be other than politics can explain the re- marks made earlier today by Majority f deemed expired, the Journal of pro- ceedings be approved to date, the time Leader MCCONNELL in which he sug- gested that Democratic efforts to as- KIDS TO PARKS DAY for the two Leaders be reserved for their use later in the day, morning sess the full and unredacted Mueller re- Mr. KENNEDY. Madam President, I business be closed, and the Senate pro- port are impeding the ability of this ask unanimous consent that the Sen- ceed to executive session and resume body to shore up our election security? ate proceed to the immediate consider- consideration of the Bianco nomina- Well, that is really rich. I might re- ation of S. Res. 193, submitted earlier tion under the previous order. mind the American people that it was today. The PRESIDING OFFICER. Is there the majority leader who, when pre- The PRESIDING OFFICER. Without objection? sented by top intelligence officials in objection, it is so ordered. Without objection, it is so ordered. the Obama administration with Rus- The clerk will report the resolution sian efforts to help President Trump’s by title. f candidacy, blocked efforts to inform The legislative clerk read as follows: ORDER FOR ADJOURNMENT the public? Look, I am not here today to talk A resolution (S. Res. 193) designating May Mr. KENNEDY. Mr. President, if 18, 2019, as ‘‘Kids to Parks Day’’. about conspiracy or obstruction or there is no further business to come be- The PRESIDING OFFICER. There President Trump. Make no mistake, fore the Senate, I ask unanimous con- those issues are deeply concerning, and being no objection, the Senate pro- sent that it stand adjourned under the ceeded to consider the resolution. contrary to the majority leader’s previous order, following the remarks words, the case is not closed. The case Mr. KENNEDY. I further ask that the of Senators MENENDEZ and WHITE- resolution be agreed to, the preamble is not closed. However, there will be HOUSE. other opportunities to address these be agreed to, and the motions to recon- The PRESIDING OFFICER. Without sider be considered made and laid upon issues, and when it comes to shoring up objection, it is so ordered. our defenses, we are running out of the table with no intervening action or The PRESIDING OFFICER. The Sen- debate. time. ator from New Jersey. So as the ranking member on the The PRESIDING OFFICER. Without Mr. MENENDEZ. Madam President, I objection, it is so ordered. Foreign Relation Committee, I am here ask unanimous consent to speak for up to flash a red warning light about what The resolution (S. Res. 193) was to 20 minutes. agreed to. the Mueller report means for our na- The PRESIDING OFFICER. Without tional security, what it means for The preamble was agreed to. objection, it is so ordered. (The resolution, with its preamble, is America’s geopolitical standing with f printed in today’s RECORD under ‘‘Sub- respect to Russia, what it means for mitted Resolutions.’’) MUELLER REPORT our credibility on the world stage as Democratic institutions are attacked. f Mr. MENENDEZ. Madam President, I I am worried that in the face of Rus- come to the floor to once again discuss sian aggression, we are getting lost, COMMENDING THE GOVERNMENT U.S. policy toward the Russian Federa- not in the fog of war but in the fog of OF CANADA tion. I fear this body is in the grips of politics, and our inaction today will Mr. KENNEDY. Madam President, I a paralysis that has rendered us flat- have consequences that outlast any ask unanimous consent that the Sen- footed in the face of a multitude of Presidency, haunting us for years or ate proceed to the consideration of Cal- threats from Russia. This is not a pa- even decades to come. endar No. 61, S. Res. 96. ralysis due to a lack of knowledge, lack Let’s review what we know about the The PRESIDING OFFICER. Without of facts, or lack of intelligence. It is a Russian threat and how long we have objection, it is so ordered. paralysis of our politics, a paralysis known about it. It was over 2 years The clerk will report the resolution born out of a lack of political will to do ago, in January of 2017, when the Direc- by title. what is necessary in the absence of tor of National Intelligence determined The legislative clerk read as follows: Presidential leadership, a lack of will that Russia interfered in the 2016 elec- to stand up for our national security, a tion. Our intelligence community re- A resolution (S. Res. 96) commending the lack of will to defend our Democratic Government of Canada for upholding the rule leased that assessment that concluded of law and expressing concern over actions institutions, a lack of will to fulfill the Russia’s efforts to influence the 2016 by the Government of the People’s Republic oath that every single Member of this Presidential election ‘‘demonstrated a of China in response to a request from the Chamber swore to uphold. significant escalation in directness, United States Government to the Govern- The inaction from this body since the level of activity, and scope of effort ment of Canada for the extradition of a beginning of the year on Russia has compared to previous operations.’’ Huawei Technologies Co., Ltd. executive. been astounding. It gives me no pleas- They concluded that this attack was There being no objection, the Senate ure to think that political consider- ordered by President Putin himself and proceeded to consider the resolution. ations could be compromising the Re- that ‘‘Putin and the Russian Govern- Mr. KENNEDY. I ask unanimous con- publican majority’s willingness to re- ment developed a clear preference for sent that the resolution be agreed to, spond robustly to the Russia threat, President-elect Trump.’’ the preamble be agreed to, and the mo- but how else can I explain why the They concluded Russia’s efforts tions to reconsider be considered made party of Reagan has gone missing? ‘‘[B]lend[ed] covert intelligence oper- and laid upon the table. What force, other than politics, can ex- ations—such as cyber activity—with The PRESIDING OFFICER. Without plain our failure to demand the admin- overt efforts by Russian Government objection, it is so ordered. istration robustly respond to Russia’s agencies, state-funded media, third- The resolution (S. Res. 96) was agreed seizure of Ukrainian ships in the Kerch party intermediaries, and paid social to. Strait in the high seas in international media users or ‘trolls’ to undermine The preamble was agreed to. waters? What force other than politics our 2016 elections.’’ (The resolution, with its preamble, is can explain our feeble response to Rus- In addition, our intelligence commu- printed in the RECORD of March 6, 2019, sia’s chemical attack in the United nity warned that ‘‘Moscow will apply under ‘‘Submitted Resolutions.’’) Kingdom? What force other than poli- lessons learned from its Putin-ordered

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.045 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2702 CONGRESSIONAL RECORD — SENATE May 7, 2019 campaign aimed at the U.S. Presi- Putin understands that for our democ- robbing the Venezuelan people of fu- dential election to influence future ef- racy to work, the American people ture prosperity all to prop up Maduro’s forts worldwide, including against U.S. must have faith in the results of our criminal regime. allies and their election processes.’’ elections. Chip away at that faith, and So while President Trump may claim That was more than 2 years ago. you chip away at our democracy itself. that ‘‘Putin is not looking to get in- Today, thanks to the work of Special Russian intelligence operatives, GRU volved’’ in Venezuela, we already know Counsel Robert Mueller, we now have a operatives, also targeted employees of he is. more thorough understanding of Rus- a voting technology company and suc- The Mueller report is the wake-up sia’s interference in 2016. While much cessfully installed malware on their call of the century. It is a clarion call remains redacted, the special counsel’s computer networks. to action. We must treat it as a pre- report describes in painstaking detail In a handful of States, they gained view of what is to come. the scope of Russia’s interference and the capacity to actually manipulate We already know some of the actions the sophistication of their tactics. and even delete voter registration data. that are worth taking. Senator GRA- Here is what we know. To top it all off, Russian hackers suc- HAM and I have a bipartisan bill called First, Russian officials interfered in cessfully infiltrated the network of at the Defending American Security from the U.S. Presidential election in sup- least one county government in Flor- Kremlin Aggression Act or DASKA. I port of Putin’s preferred candidate and ida. have come to this floor to talk about it attempted to make inroads with his Finally, following the election, Putin again and again, but in the wake of the campaign. unleashed handpicked oligarchs to Mueller report, I wonder, where is our Second, the Russian Government and push back against anticipated U.S. sense of urgency? Where is our out- individuals with strong ties to the sanctions. Let’s remember who these rage? Where is our sense of collective Kremlin carried out what Mueller con- Russian oligarchs are. They are billion- responsibility? If my colleagues take cluded was a ‘‘sweeping and system- aires handpicked by Putin who solidi- nothing else from the Mueller report, atic’’ campaign to influence and sway fied his grip on power not only by op- they should at least be willing and the support of U.S. voters. pressing the Russian people but also by eager to respond to what Russia did to Third, the St. Petersburg-based systematically seizing their assets and us 2 years ago and what FBI Director Internet Research Agency, or known transferring them to a select group of Wray tells us they will continue to do. by its acronym IRA, sought to use so- The Defending American Security cial media and embedded employees to cronies and allies through business from Kremlin Aggression Act will en- influence U.S. voters in an effort that dealings, real estate transactions, sure our diplomats have the tools to was funded in large part by an oligarch shares of companies, shell corpora- advance our interests and stand up to with known links to Putin. The IRA’s tions, money laundering, and more. the bully in the Kremlin. The bill in- malign social media influence cam- These oligarchs act as an extension cludes new sanctions but also provi- paign was nothing short of, in his of Putin’s power. They advance Rus- sions designed to harden our demo- words, ‘‘information warfare.’’ sia’s economic influence and do Putin’s The Internet Research Agency em- bidding around the world. According to cratic institutions and make us less ployees created fake social media the Mueller report, that is exactly vulnerable to attack. personas and posed as American citi- what they did after the 2016 election. Our bill would improve our ability to zens on sites like Facebook and Twit- They reached out to the President’s coordinate with Europe on the Russia ter. These Russian operatives were inner circle and members of his transi- challenge. It would invest in Demo- keenly aware of the politics of division. tion team to begin laying the ground- cratic institutions in countries most They capitalized on sensitive social work for what Putin wanted in return vulnerable to Kremlin aggression be- and political issues, from immigration for his help during the campaign—most cause we must remember that Russia’s policy to police brutality, in an effort prominently, protection from further attack in 2016 did not occur in a vacu- to divide Americans against each sanctions and relaxation of those sanc- um. It is part of Putin’s larger mission other. tions imposed for Russia’s illegal inva- to disrupt democracies around the They targeted voters in key swing sion of Ukraine. world from his support for dictators States in an effort to dissuade certain This short summary of the Mueller from Syria and Venezuela to Russian demographics from turning out on elec- report’s findings should be offensive to meddling in the political affairs of our tion day. They staged real political ral- any American elected official. This European allies. lies by masquerading as activists, and short summary should spur anyone to DASKA would also increase trans- they destroyed evidence in an attempt action to shore up the security of our parency with respect to real estate to avoid detection and impede U.S. in- elections at home and counter Russian sales in the United States that we vestigations. aggression abroad. know is a go-to strategy for Russian Fourth, the Mueller report confirms Indeed, just last week, FBI Director oligarchs looking to launder money. that Russian military intelligence de- Wray warned that Russia continues to I know many of my colleagues have ployed ‘‘multiple’’ units to engage in pose a very significant counterintel- no interest in learning more about the ‘‘large-scale cyber operations to inter- ligence threat. He also said that 2018 President’s own business dealings with fere with the 2016 U.S. presidential was a dress rehearsal for the big show these unsavory figures and whether election.’’ in 2020. those relationships influence his deci- Officers with the GRU, Russia’s intel- This report cries out for action. It sion making about U.S. foreign policy, ligence agency, hacked into Demo- screams for legislation, and it demands but we should agree, at least, that we cratic campaign networks and indi- preparation in advance of 2020. must do more to prevent Russia from vidual email accounts in order to steal We are in trouble, people. We can getting American businesses and lead- emails and other sensitive information. argue with each other, we can score po- ers financially entangled in Russia’s Armed with those stolen emails, GRU litical points against each other, but tentacles like the NRA. officers timed the release of damaging the United States of America remains DASKA would also protect our NATO information in order to maximize their in Russia’s crosshairs, and we must alliance. Senator GRAHAM and I have impact. Subsequent releases were con- act. Putin has set his sights on us included an important provision that spicuously timed in an apparent effort again in 2020. would prevent any President from pull- to help their preferred candidate. The Russian Government continues ing the United States out of NATO Russian hackers also conducted to pursue the eroding of democracy as without Senate approval. To pull our cyber surveillance of at least 20 State we speak across Europe. It has Nation out of a military alliance so election systems, and the Kremlin in- partnered with dictators and war vital to America’s security when we tended to use this information to cast criminals in the Middle East. In Ven- could have stopped it from happening doubt on the legitimacy of a Clinton ezuela, Putin clearly sees an advantage would be a tragedy fit for the ages. A victory. in prolonging a destabilizing conflict in Senate vote was required to get us into This revelation should shake us to our hemisphere. He and his cronies are the North Atlantic treaty, it should be the core because, clearly, President selling arms, striking oil deals, and required in any attempt to get us out.

VerDate Sep 11 2014 02:54 May 08, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.046 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE May 7, 2019 CONGRESSIONAL RECORD — SENATE S2703 This is critical to providing a sense of stand with me. It is long past time we office buildings. They are purchasing security and stability to our allies in send another message to the world and, electric vehicle fleets. They are devel- NATO. most importantly, to the Kremlin that oping new technologies and products Finally, DASKA also includes new the Senate is prepared to defend Amer- for the transition to a carbon economy. sanctions pressure on Moscow, includ- ican interests. We will not tolerate in- Many are forcing some degree of sus- ing on Russian oligarchs complicit in trusions by a hostile foreign power. We tainability out of their supply chains. the spread of Russia’s malign actions. will not leave our democratic institu- All of this is important work and the In addition, it includes increased sanc- tions vulnerable to further inter- companies that are leading in these tions on Russia’s energy and financial ference. We will not allow any foreign areas deserve real applause. sectors. adversary to meddle in our democracy. But—you knew there was going to be The bill has specific sanctions on the The breadth of Russian interference a ‘‘but,’’ and here it is—corporations Russian shipbuilding sector to the ex- laid out by the Mueller report demands alone reducing their own carbon emis- tent that Russia continues to interfere the kind of comprehensive foreign pol- sions or designing new low-carbon with the freedom of navigation in the icy response put forward in DASKA. technologies will not win the fight Kerch Strait or anywhere else and was The American people deserve a markup against climate change. If you want to complicit in the November attack. and a full vote in the Senate to make fail on climate change while looking In the final analysis, we have a few that happen. good, that will work, but if you actu- peaceful tools of diplomacy to address I will just say, as the elected leaders ally want to win—if you want to keep malign actors around the world: the of this country, we owe Americans ac- us between 1.5 and 2 degrees in tem- court of international public opinion, tion. We owe them fulfillment of our perature increase—you will fail. insofar as a government or a leader in oath. We owe them a robust and un- A new report, ‘‘The Blind Spot,’’ question cares about such things; our flinching defense of our democracy and from the Environmental Defense Fund, trade and aid as an inducement to be- our values. Enough with the delays. makes crystal clear that individual havior change; then there is the denial Enough with the excuses. Enough with corporate efforts to reduce their own of trade or aid or access to our finan- the politics. carbon emissions will not be enough. cial institutions, which we call sanc- We have legislation ready to bolster Here is what it says: ‘‘While voluntary tions. our defenses. We have strong bipartisan actions by companies to reduce green- President Putin is willing to use his support for it. Let’s mark up the bill house gas emissions are important, military as a means of first resort to only public policy can deliver the pace advance his interests. We are not. now. Let’s send a clear and unequivocal message to Putin that we will not tol- and scale of reductions necessary to Therefore, sanctions are our tool of avoid the worst impacts of climate peaceful diplomacy. They are how we erate a repeat performance in 2020. I would just say that this is not change.’’ send the message and how we seek to ‘‘Public policy’’—that is us. That is about President Trump. It is not about defend ourselves. Congress. Now I must state that growing up in the last election other than that they EDF is not alone. Report after report New Jersey, I learned that if you didn’t attempted to influence it and that we has shown that we will fail without confront the bully in the schoolyard, should recognize and want to deal with government action. But as engaged as his reign of terror would never end. He it. But it is about preserving our na- so much of corporate America is in would create a climate of fear. He tional security, our democracy, and greening its own operations, they are would create a climate of intimidation our interest in the world. almost totally absent from the halls of until you whacked him in the head Putin is unbridled. This institution, Congress when it comes to climate with a 2 by 4, until you said enough is Republicans and Democrats, have al- change—AWOL, no place. enough, until you made clear that you ways joined together to meet Russia’s So government sits, stalled by the and your fellow students wouldn’t ac- challenge when Russia posed a chal- fossil fuel industry, and does nothing cept that kind of behavior. If you lenge. The party of Reagan is absent. serious. As a Senator, I am an inhab- didn’t stand up for yourself, the bully The party of Reagan is absent on this. itant of this political ecosystem. I ob- would press ahead. If this had been going on during the serve how this works. Consider this the Ladies and gentlemen, that is what Obama administration, I would have field report of the biologist who lives we have in Vladimir Putin. He will con- been peeling people off of the Capitol in the jungle. tinue to push and push until he meets ceiling. The sad reality of our political eco- resistance, until he meets a 2 by 4. Let’s get to work. Let’s defend our system is that post-Citizens United, That is what we have in DASKA. interests. Let’s stand up together. the power of big industries seeking in- We have a responsibility in this body, Let’s send Putin a message. Let’s de- fluence in Congress has exploded. a responsibility shared by all 100 Sen- fend our democracy. Where previously, big special interests ators, to protect our national security I yield the floor. had muskets, Citizens United gave and the integrity of our democracy. It I suggest the absence of a quorum. them artillery. On climate change, one is our most solemn responsibility. The PRESIDING OFFICER. The industry, the fossil fuel industry, is de- Some may not care. Some may think clerk will call the roll. ploying its artillery of big money and we have done enough to deal with the The bill clerk proceeded to call the big threats here in Washington like no- Russian threat, but our intelligence ex- roll. body else. perts disagree, Bob Mueller disagrees, Mr. WHITEHOUSE. Madam Presi- It is no surprise. They are defending FBI Director Wray disagrees, and dent, I ask unanimous consent that the a $700 billion per year fossil fuel sub- clearly those living under the threat of order for the quorum call be rescinded. sidy just in the United States, accord- Kremlin aggression in Eastern Europe The PRESIDING OFFICER. Without ing to the International Monetary disagree. objection, it is so ordered. Fund. They have a huge interest—a This body has come together before. I Mr. WHITEHOUSE. Before I begin, multihundred billion dollar interest— have seen it. We came together in 2017 let me say how nice it was to be with in preventing legislation that would re- to pass the Countering America’s Ad- the Presiding Officer in her home State duce consumption of their fossil fuels. versaries Through Sanctions Act, or at the McCain Institute this weekend. So they spend hundreds of millions of CAATSA, but since then we have strug- f dollars on lobbying and elections. They gled to get this administration to fully fund dozens of phony front groups and implement the law. Are we supposed to CLIMATE CHANGE trade associations to engage in all just throw up our hands and say, ‘‘Oh, Mr. WHITEHOUSE. Madam Presi- sorts of climate denial and obstruction. well,’’ and hope they will see the light dent, pick up the paper these days, and They hide their influence in dark- or are we supposed to demand nothing it is hard to miss the headlines about money channels. They pollute the pub- less than rigorous enforcement and corporate America getting serious lic sphere as badly as they pollute the take legislative action if needed? about reducing carbon emissions. Com- atmosphere. I stand firmly for the latter, and I panies are purchasing renewable power. In our political ecosystem, they are a hope a majority of my colleagues will They are moving into carbon-neutral big and dangerous predator. Ask

VerDate Sep 11 2014 04:03 May 08, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G07MY6.048 S07MYPT1 lotter on DSKBCFDHB2PROD with SENATE S2704 CONGRESSIONAL RECORD — SENATE May 7, 2019 former Congressman Bob Inglis. Ask evaluation of corporate climate policy For years, companies that go out and former Senate candidate Katie must include an analysis of its lob- brag to consumers and investors about McGinty. The fossil fuel industry is a bying and political spending as it re- how green they are simultaneously multitentacled, well-camouflaged, and lates to climate. EDF is right. Cor- fund climate denial and obstruction via deadly political beast. porate America needs to be account- those two trade associations. That has And, then, there is the rest of the able for the results that it pays for, and to stop. In fact, more and more con- business community: retail, food and that includes whether or not compa- sumers and investors are beginning to beverage, financial services, tech, con- nies fund anti-climate trade associa- call on companies to stop this cor- sumer goods, and manufacturing. Most tions. porate doublespeak. You can’t have a are taking steps to reduce their own This is another dirty Washington se- good climate website and fund these emissions, but when it comes to doing cret. Many companies subcontract lob- two organizations and face your share- something about climate change here bying and electioneering activity to holders and say you are serious. in Congress, they just don’t show up, trade associations. Two of the biggest Consumers who buy a Coke or a Pepsi and the result is entirely predictable. trade associations—the National Asso- don’t want to be supporting the Cham- In an institution like Congress, ciation of Manufacturers and the very ber’s decades-long campaign against whose currencies are money and influ- biggest, the U.S. Chamber of Com- climate action. Investors in Coca-Cola ence, if one industry spends on lobbies merce, the proverbial 800-pound go- and Pepsico don’t want these compa- like a beast and there is no counter- rilla—have spent decades denying that nies to put their reputations at risk by weight, that industry likely carries the climate change was even occurring and funding anti-climate groups. Investors day. That is simple political hydrau- obstructing any effort to reduce carbon don’t want these companies to ignore lics. It is true in sports, and it is true pollution—decades of denial and ob- climate change when climate change in battles: If one side doesn’t show up, struction. may upend their water-dependent busi- the other side owns the field. And so Too many companies with good cli- nesses. the fossil fuel industry owns the Re- mate policies support them with the Coca-Cola features a powerful state- publican Party. result that those companies’ functional ment about its commitment to climate That is why it is imperative that the climate presence in Washington is op- action on its website. ‘‘Climate change rest of corporate America start show- posite to what they say their policy is is a profound challenge,’’ it says, ‘‘and ing up on climate. Many of them are and opposite to what they say on their we are partnering with other busi- here. They do lobby. They just care website. nesses, civil society organizations, and about other things, and their silence The group InfluenceMap looks at cor- governments to support cooperative ac- about climate change is deafening. The porate lobbying and ranks corporations tion on this critical issue. . . . We also good guys are just not on the field. and trade associations by their influ- recognize climate change may have They are scared of retaliation. They ence on climate policy. Of the 50 most long-term direct and indirect implica- have other priorities. They don’t want influential trade associations around tions for our business and supply to be yelled at by the Chamber of Com- the world, InfluenceMap shows the chain.’’ merce. They are getting what they Chamber and the National Association In 2018, Coca-Cola disclosed that it want and don’t want to upset the ap- of Manufacturers to be the two worst— plecart. There are lots of reasons, but gave the chamber at least $85,000— the two most opposed when it comes to probably a good deal more. it doesn’t change the outcome. It is not reducing carbon pollution. Here they just the EDF report. PepsiCo is even more explicit about are, the U.S. Chamber of Commerce the need for climate action. I quote I got today the New America report and the National Association of Manu- ‘‘Prospects for Climate Change Policy them: facturers, right at the bottom—the Reform.’’ They point out that in the Implementing solutions to address climate very worst. change is important to the future of our past, business and government usually Look at those companies that are worked together to solve environ- company, customers, consumers and our greening their own operations but are shared world. . . . We believe industry and mental problems. I quote them here: supporting the Chamber and the Na- governments should commit to science-based ‘‘A cross-partisan model of environ- tional Association of Manufacturers. action to keep global temperature increases mental-business engagement held sway Look at the companies that don’t show to 2 Celsius above pre-industrial levels.’’ for decades on other issues; however, up in Congress to lobby for climate ac- In 2018, PepsiCo disclosed that it gave companies have been less willing to tion and, instead, lobby through these the chamber at least half a million dol- provide leadership on climate policy.’’ two who lobby against the climate ac- lars. No kidding. But the fossil fuel indus- Coke and Pepsi’s own trade associa- try is here, and it exerts a relentless tion those companies claim to support. tion, the American Beverage Associa- barrage of lobbying, electioneering, Those companies’ net lobbying pres- tion, also gives money to the chamber. and propaganda pressure on Congress. ence in Congress is against climate ac- So here are these two consumer-fac- And it owns the field. This statement tion, whatever they may claim to sup- ing, climate-supporting companies, and from the EDF report is really its cen- port. Their net lobbying presence in tral message: ‘‘The most powerful tool Congress is against climate action—di- both of them contribute directly to the companies have to fight climate rectly opposed to the policies they Chamber of Commerce, and they run change is their political influence.’’ claim to support. money through their own trade asso- So when they don’t show up, it There is an accountability moment ciation, the American Beverage Asso- makes a difference. This is the message that needs to come for those compa- ciation, into the Chamber of Com- that corporate America needs to take nies, unless they honestly believe that merce. And there it lies as the worst of to heart. Republicans are not going to climate change is a hoax, that it is not the pair of lobbying organizations break this artificial, fossil-fuel-funded, real, we don’t need to worry about it, blocking climate action. climate logjam here in Congress until and obstruction is OK. If that is their What is the net effect of all of that? corporate America—the corporate position, they are getting proper rep- The net effect is that, for all their good America they listen to—starts to de- resentation from the National Associa- work reducing their own carbon emis- mand climate action, not on a website, tion of Manufacturers and the U.S. sions and reducing their supply chain’s not in their purchasing standards but Chamber of Commerce, but if they are carbon emissions, here in Congress, here in Congress. telling the world—and their share- Coke and Pepsi are net opposed to cli- In this political ecosystem, the in- holders and their customers—that they mate action. habitants know when something is take climate change seriously, they Thankfully, some companies are be- real, and they know when it is cor- have a little explaining to do about ginning to realize that they can’t just porate greenwashing, or well-inten- supporting these two enemies of cli- sit on the sidelines here in Washington tioned peripheral stuff they can ignore. mate progress, particularly, if they are and let the fossil fuel industry own Members know who is serious. not showing up in Congress to counter Congress. Little Patagonia, the out- The fossil fuel industry is deadly se- the denial and obstruction they are door clothing manufacturer, has led rious. The EDF report says that any paying for. the way. Bravo, Patagonia. Danone,

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It was like a heart attack and a lobby Congress for a price on carbon. obstruct climate action, may help con- flat line on the EKG—stopped dead be- But the fact that those companies are vince corporate America that it is time cause the Supreme Court decided Citi- the exceptions I can name shows how to step up, get on the field, and demand zens United. That opened the flood- bad the presence of corporate America that Congress take real action to limit gates of political money into our poli- is on this issue here in Congress. carbon pollution. tics. The fossil fuel money jumped on I will give Microsoft some extra cred- Corporate America needs to go to its to that immediately. I think they saw it. Microsoft also stood up in Wash- trade associations and say: Knock it and predicted that decision. I know ington State to support a ballot initia- off. No more U.S. chamber of carbon. they asked for it, and they were ready tive to put a price on carbon emissions. No more national association of manu- at the starting gun. From that moment Starbucks, Amazon, Costco, and Boe- factured facts. when the fossil fuel industry dropped in ing—big, supposedly green corporations Corporate America is paying for this on the Republican Party and said, ‘‘No- in Washington State—stood by and let nonsense, and corporate America can body is going to cross us on this any themselves get rolled by Big Oil, led by stop it. The two-faced game of having a longer. You are all going to have to BP—‘‘Beyond Petroleum,’’ ha—when good climate website but having your line up on climate denial. We will take Big Oil spent $30 million to defeat the presence in Congress be against cli- out Republicans who cross us. We will measure. mate action has got to stop. By the way, it is the oil CEOs who do it to Bob Inglis, and we will do it to Corporate America—the political have been saying: Oh, we know our others. You are done with bipartisan- force Republicans listen to—has the re- product causes climate change. We are ship on this issue,’’ that is when it sponsibility and the power to break the serious about doing something about stopped. it, and what we are going to do to be fossil fuel-funded logjam in this body. If the fossil fuel industry would serious about it is to support a price on They could do it tomorrow if they knock it off or if these front groups carbon. wanted to. You take the leaders of cor- like the chamber and the National As- That is what they say. What do they porate America in the sectors that I sociation of Manufacturers would do? Look at BP. Look at the oil spend- listed and you march them right down knock it off or if the rest of corporate ing in Washington. They go right in to the leader’s office, and they say to America would simply get in here and and spend their money to fight the him ‘‘We are done with you, we are push back, show up, outpressure them, very policy they say they support. done with your candidates, and we are we could go back and we could be bi- I know of no path to success on cli- done with your party until you knock partisan in a week. We are not there mate that does not include pricing car- off the obstruction,’’ and we would be yet. Most of corporate America is still bon. It is also the right thing to do be- out on the floor debating climate avoiding this issue in Congress, but cause failing to price carbon is bad eco- change within a week. they could really make a big dif- nomics. It is a market failure. So if When corporate America takes up its ference. That makes it very much still you are a true free market person, you responsibility and uses its power to time to wake up. ought to get behind a price on carbon. break the fossil fuel-funded logjam in I yield the floor. If you are just a fossil fuel person, then this body, change on this issue will OK, but admit it. There really is no come swiftly, and we will see bipar- f path to success on climate change that tisan support for climate action emerge. does not include pricing carbon. That ADJOURNMENT UNTIL 9:30 A.M. may be an unpleasant fact for some, I was here in 2007, in 2008, and in 2009. TOMORROW but it is a fact. In all of those years, there was con- Staying between 1.5 and 2 degrees stant bipartisan activity on climate. The PRESIDING OFFICER. Under Centigrade world temperature increase The pages would have been awfully the previous order, the Senate stands is another fact. We can’t miss that tar- young back then. It is nearly 10 years adjourned until 9:30 a.m. tomorrow. get, but we will. We will miss that tar- ago now. They would not recognize Thereupon, the Senate, at 6:41 p.m., get if this corporate doublespeak what is going on. I think there were adjourned until Wednesday, May 8, doesn’t change. five different bipartisan climate bills 2019, at 9:30 a.m.

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