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

Vol. 163 WASHINGTON, WEDNESDAY, FEBRUARY 1, 2017 No. 17 Senate The Senate met at 12 noon and was NOMINATION OF NEIL GORSUCH Committee, Senator FEINSTEIN, and the called to order by the President pro Mr. MCCONNELL. Madam President, Democratic leader himself, Senator tempore (Mr. HATCH). last night President Trump announced SCHUMER. In the coming days, I hope f an outstanding nominee for the Su- and expect that all Senate colleagues preme Court, Judge Neil Gorsuch of will again give him fair consideration, PRAYER Colorado. While Judge Gorsuch has a just as we did for the nominees of The Chaplain, Dr. Barry C. Black, of- significant legacy to live up to as the newly elected Presidents Clinton and fered the following prayer: nominee for the seat left vacant by the Obama. Let us pray. loss of Justice Scalia, I am confident This is a judge who is known for de- Merciful God, enthroned above all his impressive background and long ciding cases based on how the law is ac- other powers, thank You for the oppor- record of service will prepare him well tually written, not how he wishes it tunity to be called Your children. for the task ahead. were written, even when it leads to re- Lord, our heart aches because of the Like Justice Scalia, Judge Gorsuch sults that conflict with his own polit- pain and pessimism in our world, so use understands the constitutional limits ical beliefs. He understands that his our lawmakers to bring hope where of his authority. He understands that a role as a judge is to interpret the law, there is despair. Remind our Senators judge’s duty is to apply the law not impose his own viewpoint. Here is that Your power is far above any con- evenhandedly, without bias toward one how Judge Gorsuch himself put it: ‘‘A ceivable command, authority, or con- party or another. He understands that judge who likes every result he reaches trol. Empower them to protect and de- his role as a judge is to interpret the is very likely a bad judge, reaching for fend the Constitution of this great land law, not impose his own viewpoint or results he prefers rather than those the against all enemies foreign and domes- political leanings. law compels.’’ tic. Our Father, inspire our Senators He has also been recognized from peo- Some of our colleagues and some oth- through the decisions they make to ple on both sides of the aisle as a con- ers on the left see the role of a judge build monuments of courage and moral sistent, principled, and fair jurist. very differently. In last year’s Presi- excellence. Judge Gorsuch has a stellar reputation dential debate, our former colleague, We pray in Your great Name. Amen. and a resume to match, with degrees Secretary Clinton, stated her view that f from Harvard and Columbia, a Ph.D. in a Supreme Court Justice—now listen legal philosophy from Oxford, and just to this—ought to look more favorably PLEDGE OF ALLEGIANCE about every honor, award, and scholar- on certain political constituencies than The President pro tempore led the ship you can possibly imagine. others; that it was the job of the Su- Pledge of Allegiance, as follows: When he graduated from law school, preme Court to ‘‘stand on the side’’ of I pledge allegiance to the Flag of the Judge Gorsuch did not just clerk for this group or another over that one. United States of America, and to the Repub- one Supreme Court Justice, he clerked Some of our current colleagues seem to lic for which it stands, one nation under God, for two. They were Justices nominated share this view. The assistant Demo- indivisible, with liberty and justice for all. by Presidents of different political par- cratic leader said that what is impor- f ties—Anthony Kennedy, a Reagan ap- tant to him are the political views of a EXECUTIVE CALENDAR pointee, and Byron White, who was Supreme Court nominee, what or per- nominated by JFK. haps whom they are going to stand for. The PRESIDING OFFICER (Mrs. Judge Gorsuch received a unani- The problem with that approach is ERNST). The clerk will report the un- mously ‘‘well qualified’’ rating by the that it is great if you happen to be the finished business. American Bar Association when he was party in the case whom the judge likes; The senior assistant legislative clerk nominated to his current position on it is not so great if you are the other read the nomination of Rex W. the court of appeals. He was confirmed guy. Justice Scalia believed this to his Tillerson, of Texas, to be Secretary of without any votes in opposition. That very core. He was an eloquent cham- State. is right—not a single Democrat op- pion of the Constitution who was guid- The PRESIDING OFFICER. Under posed Judge Gorsuch’s confirmation, ed by important principles like apply- the previous order, the remaining not Senator Barack Obama, not Sen- ing the law equally to all, giving every postcloture time will be equally di- ator Hillary Clinton, not Senators Joe litigant a fair shake, and rulings based vided between the two leaders or their Biden or Ted Kennedy. In fact, not a on the actual meaning of the Constitu- designees. single one of the Democrats who still tion and our laws, not what you or RECOGNITION OF THE MAJORITY LEADER serve with us opposed him, including your preferred political constituency The majority leader is recognized. the ranking member of the Judiciary wished they meant. These principles

∑ 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 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.000 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S542 CONGRESSIONAL RECORD — SENATE February 1, 2017 helped guide Justice Scalia for many The PRESIDING OFFICER. Without lenging the Constitution in an unprece- years. The record of Judge Gorsuch in- objection, it is so ordered. dented fashion. So there is a special dicates that he will continue this leg- NOMINATION OF NEIL GORSUCH burden on this nominee to be an inde- acy of fair and impartial justice. Mr. SCHUMER. Madam President, I pendent jurist. Now, of course, that does not much rise today on a matter of great impor- Let’s go over each point. First, we matter to some over here on the far tance to everyone in this body and ev- have a special responsibility to judge left. Despite his sterling credentials eryone in America: the future of the whether this nominee will further tip and bipartisan support, some on the far Supreme Court. Last night, the Presi- the scales on the Court in favor of Big left decided to oppose Judge Gorsuch dent nominated Judge Neil Gorsuch. Business and powerful special interests before he was even nominated. We al- We in the Senate have a constitutional instead of the average American be- ready know what they will say about duty to examine his record robustly, cause over two decades this Court has him as well. It is the same thing they exhaustively, and comprehensively, shifted dangerously in the direction of have been saying about every Repub- and then advise and consent if we see Big Business and powerful special in- lican nominee for more than four dec- fit. We have a responsibility to reject if terests. According to a study by the Min- ades. They said Gerald Ford’s nominee, we do not. We Democrats will insist on nesota Law Review, the Roberts Court John Paul Stevens, ‘‘revealed an ex- a rigorous but fair process. There will traordinary lack of sensitivity to the has been the most business-friendly Su- be 60 votes for confirmation. Any one problems women face.’’ They said Rea- preme Court since World War II. It is Member can require it. Many Demo- gan’s nominee, Anthony Kennedy, was the most corporate Court in over 70 crats already have. a ‘‘sexist’’ who would ‘‘be a disaster for And it is the right thing to do. years. It was pro-corporate when it fre- women.’’ They said George H.W. Bush’s On a subject as important as a Su- quently favored forced arbitration as a nominee, David Souter, was a threat to preme Court nomination, bipartisan way to settle disputes, a process that women, minorities, dissenters, and support should be a prerequisite; it limits the ability for individuals to other disadvantaged groups. So it is should be essential. That is what 60 form a class and collectively go after not terribly surprising that they would votes does. large corporate interests; it was pro- say it again this time. What is dis- This is nothing new. It was a bar met corporate when it repeatedly refused to appointing is that leading Democrats by each of President Obama’s nomina- hear legitimate cases where individuals in the Senate would adopt the same tions. In my mind, 60 votes is the ap- have been harmed by faulty products, rhetoric. The ink was not even dry on propriate way to go, whether there is a discriminatory practices, or fraud; and Judge Gorsuch’s nomination when the Democratic President or a Republican it was pro-corporate when it came Democratic leader proclaimed that President, Democratic Senate or a Re- down with one of the worst decisions in Judge Gorsuch had—you guessed it— the history of the Court: Citizens demonstrated a hostility toward wom- publican Senate. Because a 60-vote threshold is essen- United. By equating money with en’s rights. I hope our colleagues will tial, those who say that at the end of speech, the Citizens United decision stick to the facts this time around. cut right at the heart of the most sa- We know that Justice Scalia’s seat this process, there are only two pos- sible results—that the Senate will con- cred power in our democracy: the fran- on the Court does not belong to any chise of our citizens. It has poisoned President or any political party; it be- firm this nominee or the Republicans will use the nuclear option to change our politics by allowing dark money to longs to the American people. When it cascade into the system, entirely un- became vacant in the middle of a con- the rules of the Senate—are dead wrong. That is a false choice. disclosed. tentious Presidential election, we fol- With absolutely no precedent, the lowed the rule set down by Vice Presi- If this nominee cannot meet the same standard that Republicans in- Roberts Court came up with the theory dent Joe Biden and Democratic Leader that money necessarily equals speech, sisted upon for President Obama’s Su- Senator SCHUMER, which said that Su- and under the First Amendment, you preme Court nominees—60 votes in the preme Court vacancies arising in the are allowed to put your ad on TV 11,000 Senate—then the problem lies not with midst of a Presidential election should times to drown out all others, espe- not be considered until the campaign the Senate but with the nominee. The answer should not be to change cially average Americans. That ends. It is the same rule, by the way, dampens the power of their voices, di- that President Obama’s own legal the rules of the Senate but to change the nominee to someone who can earn lutes the power of their votes. The Citi- counsel admitted she would have rec- zens United decision was the worst de- 60 votes. Sixty votes produces a main- ommended had the shoe been on the cision in 100 years, and it is the embod- stream candidate, and the need for a other foot. iment of this new era of the corporate mainstream, consensus candidate is I have been consistent all along that special interests Court. the next President, Democrat or Re- greater now than ever before because At a time when massive inequality publican, should select the next nomi- we are in new territory in two ways; plagues our economy, dark money nee for the Supreme Court. I main- first, because the Court, under Chief floods our politics, and faith in institu- tained that view even when many Justice Roberts, has shown increasing tions is low, this rightward shift in the thought that particular President drift to become a more and more pro- Court is an existential threat to our would be Hillary Clinton. But now the business, pro-special interest Court, democracy. election season is over and we have a siding more with corporations and em- Now, more than ever, we require a new President who has nominated a su- ployers and special interests over Justice who will move the Court back perbly qualified candidate to fill that working and average Americans. This in the direction of the people, not only ninth seat. So I would invite Demo- in an environment where starkly un- because that is what the law requires crats who spent many months insisting equal concentrations of wealth and but because that is what our system of we need nine to join us in following ever-increasing corporate power—aided government requires—summed up, of through on that advice by giving the and abetted by the Citizens United de- course, by President Lincoln’s declara- new President’s nominee a fair consid- cision—has skewed the playing field tion that it is ‘‘a government of, by, eration and an up-or-down vote, just as even more decisively toward special in- and for the people.’’ we did for past Presidents of both par- terests and away from the American Second, we must insist upon a strong, ties. citizen. A mainstream nominee would mainstream, consensus candidate be- RECOGNITION OF THE MINORITY LEADER help reverse that trend, not exacerbate cause this Supreme Court will be tried The PRESIDING OFFICER. The it; and, second, another important rea- in ways that few Courts have been test- Democratic leader is recognized. son we are in a new world here, making ed since the earliest days of the Repub- UNANIMOUS CONSENT AGREEMENT—AUTHORITY a 60-vote margin even more important lic, when constitutional questions FOR COMMITTEE TO MEET than it was before—as important as it abounded, because, again, this adminis- Mr. SCHUMER. Madam President, I was before—is this: This administra- tration seems to have little regard for ask unanimous consent that the Sen- tion, at least since its outset, seems to the rule of law and is likely to test the ate Select Committee on Intelligence have less respect for the rule of law Constitution in ways it hasn’t been have leave to meet after 2 p.m. today. than any in recent memory and is chal- challenged for decades.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.001 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S543 Just 2 weeks in, the new administra- On money and politics, he seems to level of scrutiny, to have an exhaus- tion has violated our core values, chal- be in the same company as Justices tive, robust, and comprehensive debate lenged the separation of powers, Thomas and Scalia, willing to restrict on Judge Gorsuch’s fitness to be a Su- stretched the bounds of statute, and the most commonsense contribution preme Court Justice. We Democrats tested the very fabric of our Constitu- limits. will ensure that it does. tion in an unprecedented fashion. The It seems President Trump, who has Madam President, I yield the floor. President has questioned the integrity said he would be for the working man The PRESIDING OFFICER. The of our elections without evidence, and woman, has not chosen someone Democratic leader. issued legally and constitutionally du- who routinely sides with the average AUTHORITY FOR COMMITTEE TO MEET VITIATED bious Executive actions, such as the American. Instead, it seems he has se- Mr. SCHUMER. Madam President, I one on immigration and refugees, and lected a nominee to the Supreme Court ask unanimous consent that the re- fired his Acting Attorney General for who sides with CEOs over citizens. quest in relation to the Senate Select maintaining her fidelity to the law, Second, Judge Gorsuch lacks a record Committee on Intelligence be vitiated. rather than pledging obedience to the demonstrating the kind of independ- The PRESIDING OFFICER. Without President. For that, the White House ence the Court desperately needs right objection, it is so ordered. accused her of betrayal. now. He has shown a tendency to let The PRESIDING OFFICER. The Sen- Acting Attorney General Sally Yates ideology influence his decisions, criti- ator from Iowa. offered her professional legal opinion, cizing ‘‘liberals’’ for turning to the NOMINATION OF NEIL GORSUCH but because it contradicted the admin- courts to advance policy. The irony is Mr. GRASSLEY. Madam President, istration’s position, she was fired, even this: Those who blame liberals for leg- last evening, I had the pleasure of though the very purpose of the Depart- islating through the courts are usually being at the White House when Presi- ment of Justice is to be an independent activist judges themselves. In recent dent Trump introduced his nominee to check on any administration. years, conservative judges have proven be Associate Justice of the Supreme We are just 13 days into this new ad- to be the true activists, completely re- Court, Judge Neil Gorsuch, who hap- ministration. How many more of these imagining the scope of the First pens to be serving on the Tenth Circuit dismissals will take place over the next Amendment through Citizens United, Court of Appeals. It shouldn’t surprise 4 years? gutting key provision of the Voting anybody that President Trump deliv- This is not even close to normal. Rights Act that had lasted for decades ered on a promise made during the Many of us have lived through the first and decades, and attempting to roll campaign, when he listed 21 people he few weeks of several administrations of back the established law of the land, would choose from. Everybody knew both parties. This is not even close to Roe v. Wade. ahead of time what sort of a judge he Judge Gorsuch has shown disdain for normal. would put on for this vacancy or any the use of the courtroom to vindicate Now, more than ever, we need a Su- future vacancy. preme Court Justice who is inde- fundamental rights, a viewpoint that Judge Gorsuch’s decade of service on pendent, who eschews ideology, who should be anathema to anyone in the the Tenth Circuit has earned him a will preserve our democracy, protect legal system but is particularly inap- reputation as a brilliant, principled, propriate for somebody who seeks a fundamental rights, and will stand up and mainstream judge, just exactly the seat on the highest Court in the land. to a President who has already shown a sort of mainstream that Senator SCHU- Because of this, women are duly wor- willingness to bend the Constitution. MER must have been thinking about ried about the preservation of their The Supreme Court is now the bul- when he said he wants a mainstream rights and equality, as is the LGBT wark standing between a President judge. who, in too many instances, has little community. With an administration It has already been widely reported that has already challenged funda- regard for the law, for the separation of that he was unanimously confirmed by mental American rights and will do so powers, for American ideals, for the a voice vote to the Tenth Circuit in again, the courtroom must be a place power of the legislative branch, and for 2006. where those rights can be vindicated. There are still 31 Senators in this the sanctity of the Nation. As Senators, we are endowed with an Now, more than ever, we require a body who voted for the judge at that awesome power to judge whether this Justice who will fulfill the Supreme particular time; 12 of them are Demo- man, Judge Gorsuch, has the right to a Court’s role in our democracy as a crats, and one of them is Senator SCHU- title that is higher than all the others MER. Judge Gorsuch was supported, of check and balance on the other in our judicial system, the title of branches of government. ‘‘Justice.’’ course, by both of his home State Sen- Because this President has started Therefore, we must be absolutely cer- ators for the Tenth Circuit. One hap- out in such a fundamentally undemo- tain that this person is a strong, main- pened to be a Republican, and one a cratic way, we have to examine this stream candidate who has respect for Democrat. He has been recognized as a nominee closely. As to the nominee the rule of law and the application of great jurist by Members from both par- himself, I have serious concerns about basic constitutional rights to all Amer- ties. For instance, when he was sworn how he measures up on these two great icans, a deference to precedent, a non- into the Tenth Circuit, Senator Sala- issues I just described. ideological approach to the Court, and zar, then a Democratic Senator from First, Judge Gorsuch has consist- the resolve to be a bulwark against the Colorado, remarked that the judge ently favored corporate interests over constitutional encroaches of this ad- ‘‘has a sense of fairness and impar- the rights of working people. He re- ministration. tiality that is a keystone of being a peatedly sided with insurance compa- Judge Neil Gorsuch, throughout his judge.’’ nies which wanted to deny disability career, has repeatedly sided with cor- The judge happens to be fourth gen- benefits to employees. In employment porations over working people, dem- eration Coloradan. He is eminently discrimination cases, Bloomberg found onstrated a hostility toward women’s qualified to be the next Associate Jus- he has sided with employers a great rights, and, most troubling, hewed to tice of the Supreme Court. His decades majority of the time. In one of the few an ideological approach to jurispru- of experience span many facets of our cases he sided with an employee, it was dence that makes me skeptical that he legal system. A graduate of Columbia a Republican woman who alleged she can be a strong, independent Justice on University and Harvard Law School, was fired for being a conservative. the Court. Given that record, I have the judge was also a prestigious Mar- He wrote in an article in 2005 that se- very serious doubts that Judge Neil shall scholar at Oxford. He served as curities class actions were just tools Gorsuch is up to the job. Principal Deputy Attorney General at for plaintiffs’ lawyers to get ‘‘free The Supreme Court now rests in a the Department of Justice. ride[s] to fast riches,’’ ignoring the fact delicate balance. We cannot allow it to Judge Gorsuch also knows the Su- that these lawsuits often bring justice be further captured by corporate influ- preme Court well, having clerked for to thousands and thousands of people ence or bullied by Executive overreach. Supreme Court Justices Byron White who have no power without the class The Senate has a responsibility to and also Anthony Kennedy, who is still action suit. weigh this nominee with the highest on the Court.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.002 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S544 CONGRESSIONAL RECORD — SENATE February 1, 2017 He currently serves with distinction those two things. So from what I have preferred candidate lost, they are now on the Tenth Circuit, where he has es- learned so far, the judge’s judicial trying to do everything they can to tablished himself as a mainstream record reflects this philosophy of being slow-walk and to hamper the ability of judge with a reputation as a fair and dispassionate, following the Constitu- the winner, President Trump, to get brilliant jurist. As a mainstream ju- tion and the laws passed by Congress. I his Cabinet up and running to govern rist, Judge Gorsuch enjoys broad re- think he said last night something like the country. While they think they spect across the ideological spectrum. this: A judge is supposed to judge and a may be hurting the President and his At the confirmation hearing for his legislature is supposed to legislate, and administration, what they are really current judgeship on the Tenth Circuit, a judge should not be legislating. doing is hurting the American people he was introduced by Republican Sen- Judge Gorsuch doesn’t legislate from whom the government serves. I hope ator Allard from Colorado and Demo- the bench, nor does he impose his own they will reconsider. cratic Senator Salazar from Colorado. beliefs on others. To quote from a It is really sad it has taken this long Senator Salazar, of course, isn’t ex- speech at Case Western, he said that due to the foot-dragging of our col- actly a conservative firebrand, having judges should strive ‘‘to apply the law leagues across the aisle who are sort of most recently served as head of the as it is, focusing backward, not for- in a resistance mode. I really do be- transition team of Secretary Clinton. ward, and looking to the text, struc- lieve it is like the stages of grief, like At his hearing in 2006, William ture, and history to decide what a rea- the Kubler-Ross stages, where the first Hughes, Jr., a Democratic candidate sonable reader at the time of the one, of course, is denial, the second is for the House of Representatives, au- events in question would have under- anger, and then ultimately you get to thored a strong letter of recommenda- stood the law to be—not to decide cases acceptance. But they are a long way to tion for Judge Gorsuch stating: based on their own moral convictions acceptance, and they are still in the I have never found, nor thought, Neil’s or the policy consequences they believe anger phase of their grieving the out- views or opinions to be tainted or swayed by might serve society best.’’ come of the November 8 election. any partisan leanings. Quite to the contrary, I believe it is this fundamental sense When the shoe was on the other foot, his approach to all things professional and of fairness and sense of duty in uphold- we confirmed seven of President personal has always been moderate and prac- ing the Constitution and the laws Obama’s Cabinet nominees on the day tical. passed by Congress that has led Judge he was inaugurated—January 20, 2009— There are plenty of other examples of Gorsuch to be a highly regarded jurist. but apparently this is the new normal. strong bipartisan support for Judge After the tragic passing of Justice I just hope our Democratic col- Gorsuch. Even observers in the press Scalia, we made it clear that the Sen- leagues realize that this is not serving recognize his reputation for fairness. ate would wait for the American people the public interest, and it is not, frank- Just last week the Denver Post en- to have a say in the future of the ly, good politics, it strikes me, to be so dorsed the judge, saying: He ‘‘has ap- Court. I said even before the election angry and throw a temper tantrum—or, plied the law fairly and consistently.’’ that no matter who won the Presi- as I said yesterday to some folks, grow- Judge John Kane, a colleague on the dential election, we would move for- ing up, people used to talk about District Court of Colorado, appointed ward with the new President’s nomi- throwing a hissy fit, and this really by President Carter, says this about nee. I maintained this position even on strikes me as throwing a hissy fit. Judge Gorsuch: the eve of the election, and I main- Much has been made of Rex [He] listens well and decides justly. His dis- tained that position even when every- Tillerson’s incredible leadership role in sents are instructive rather than vitriolic. In one seemed to believe that our next a major corporation. Obviously, he has sum, I think he is an excellent judicial President would be Secretary Clinton. I done a tremendous job for one of the craftsman. have been consistent. largest businesses in the world. He was After his nomination was announced Unfortunately, some of my Demo- working for the shareholders of that last evening, the highest praise so far cratic colleagues—the very Senators corporation in that capacity. Now his came from President Obama’s former who held all those rallies chanting ‘‘we enormous experience and aptitude and Solicitor General, Neal Katyal, who de- need nine’’—have already said they in- talent are going to be put to work for scribed the nominee this way: tend to do everything they can to stop the American Nation and for the Amer- Judge Gorsuch is one of the most thought- this eminently qualified judge. That is ican people. ful and brilliant judges to have served our very, very unfortunate. I hope and I believe that not only is he a person nation over the last century. As a judge, he trust that approach won’t be uniform of conviction and competence, he is has always put aside his personal views to also a man of character. He believes in serve the rule of law. To boot, as those of us on their side. who have worked with him can attest, he is So I look forward to moving forward putting this country first, and I have a wonderfully decent and humane person. I with a hearing, when we will learn a no doubt he will serve the United strongly support his nomination to the Su- great deal more about Judge Gorsuch, States with great integrity and care. preme Court. and I look forward to an up-or-down It is none too early for us to transi- To me, following the law wherever vote on his nomination. tion to somebody of his great qualifica- that law and case may lead is perhaps I thank the Senate, and I yield the tions and experience. Our country is no the most important attribute for a Su- floor. longer respected by many of our friends preme Court Justice to possess. That I suggest the absence of a quorum. around the world because we have principle guided Justice Scalia’s deci- The PRESIDING OFFICER. The withdrawn from international leader- sionmaking and it is also how Judge clerk will call the roll. ship. We are no longer feared by our ad- Gorsuch has said judges should ap- The senior assistant legislative clerk versaries, who are all too quick to fill proach the law. proceeded to call the roll. the leadership vacuum around the The judge once wrote, quoting Jus- Mr. CORNYN. Madam President, I world—Russia being perhaps the most tice Scalia: ask unanimous consent that the order obvious example not only in Crimea If you are going to be a good and faithful for the quorum call be rescinded. and in Ukraine but obviously in Syria judge, you have to resign yourself to the fact The PRESIDING OFFICER. Without and now in Libya. It is dangerous. It is that you are not always going to like the objection, it is so ordered. destabilizing. So I am very pleased that conclusion you reach. If you like them all Mr. CORNYN. Madam President, fi- we will have a new Secretary of State the time, you are probably doing something nally, on Monday, the Senate moved and a new national security leadership wrong. forward with the nomination of Rex team. That gets back to something very Tillerson to be the next Secretary of If there is one thing that I think basic. A judge is supposed to be dis- State. His confirmation before this President Trump has done right, it is passionate. A judge is supposed to Chamber to serve as our top diplomat select good people, from MIKE PENCE as leave their personal views out of it. A should have been a no-brainer, but we the Vice President, Gen. Jim Mattis as judge looks at the law on the one hand know that our Democratic colleagues Secretary of Defense, Rex Tillerson as and the facts of the case on the other are still trying to relitigate the elec- Secretary of State, and Gen. John and makes the decision based on just tion of November 8, and because their Kelly of the Department of Homeland

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.004 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S545 Security. I think he has chosen very here at the time, and others of our col- to the Tenth Circuit. I mentioned Sen- well. I could go on and on with his Cab- leagues across the aisle. So I think it is ator SCHUMER, who was here at the inet members and say the same thing going to be very important for the time, as well as Senator DURBIN and about each one of them. American people, as they hear the in- several members of the Judiciary Com- We will vote on the confirmation of evitable criticism of this nomination, mittee still serving in the Senate, in- Mr. Tillerson shortly, between 2 and to remember the Senators who were cluding the ranking member, Senator 2:30 p.m. or in that time frame. here at the time Judge Gorsuch was FEINSTEIN from California, and the sen- NOMINATION OF NEIL GORSUCH confirmed to the Tenth Circuit, and ior Senator from Vermont, Senator Madam President, what I want to they expressed none of those concerns LEAHY. All of them were here at the talk about as well is the announcement or reservations then. time. Because of the voice vote, they that President Trump made last night I think, most importantly, Judge didn’t note any dissent or disagree- about his choice to fill the Supreme Gorsuch will honor the legacy of Jus- ment, so we would say that essentially Court vacancy left open by the tragic tice Antonin Scalia on the U.S. Su- is a unanimous vote of the U.S. Senate. death of Justice Antonin Scalia. I preme Court, but even more impor- So it will be interesting to hear from couldn’t be more pleased with his nom- tantly, he will honor the U.S. Constitu- them about any reservations or con- ination of Judge Neil Gorsuch of the tion and the unique role of our judici- cerns they now voice. I hope that at U.S. Court of Appeals for the Tenth ary and our system of government. I least they will allow us to have an up- Circuit. I can’t imagine that the Presi- think one of the things Justice Scalia or-down vote on the nomination of this dent could have chosen a more quali- made a point of during his professional outstanding nominee. fied, more principled, or more main- lifetime was to point out how judges To hear Judge Gorsuch last night and stream pick for the job of Justice of had unfortunately become policy- to look at his biography, to read his ex- the U.S. Supreme Court. makers rather than interpreters and tensive record and appreciate his schol- We have all heard some of the details appliers of the Constitution and the arship and his commitment to the rule of his personal background, including written law. Of course, the problem of law—all of this is to see precisely that he is a Colorado native and that with that is that judges in the Federal the kind of person who should be con- he served in the Denver-based Tenth system don’t stand for election, so we firmed to the Supreme Court. I believe Circuit Court for a decade, and he is have lifetime-tenured, unelected Fed- the American people will see that as well known and respected in legal cir- eral judges becoming, in effect, a clear as day. cles for his intellect, his brilliant writ- trump card or super-legislature for our I hope our colleagues across the aisle ing, and his faithful interpretation of system of government. That certainly will resist the temptation to obstruct the Constitution and laws passed by isn’t what James Madison and the and drag their feet when it comes to Congress. In short, he is a tremendous Founding Fathers contemplated. Jus- this important nomination. I hope they jurist with an impeccable legal and tice Scalia was a tribute to that tradi- will not kowtow to some of the ex- academic record. He went to schools tional role of interpreter of a written treme factions in their own party. like Columbia University, Harvard Law Constitution and written laws and re- They have repeatedly argued for the School, and Oxford as a Marshall schol- specting the limited, albeit important, importance of having nine Justices on ar. role judges play in our system of gov- the Supreme Court. Now that the In addition to his decade on the ernment. American people have spoken by elect- bench, his professional experience in- Put another way, Judge Gorsuch ing President Trump, and he has now cludes many years practicing law. As a meets every test, and he passes all of announced his pick, they should honor recovering lawyer myself and recov- them with flying colors. that selection. That pick is superb, the ering judge, I can say that one of the We have heard from the Democratic kind of nominee who was supported things I think the Supreme Court leader that President Trump needed to unanimously by Democrats in the past needs is more people with practical ex- appoint a mainstream nominee. Well, and is endorsed by President Obama’s perience, serving as lawyers for clients there is no doubt that if that is the lit- own Solicitor General. in court. We have some people with mus test for our friends on the other Let’s move forward with an undeni- great academic credentials but very side of the aisle, Judge Gorsuch meets ably qualified nominee. few people with any practical experi- that test. He has the respect of even Madam President, I ask unanimous ence as practicing lawyers. It is impor- people who served on the other side of consent that all remaining quorum tant because once they get on the U.S. him in litigation and people whose ide- calls during consideration of the Supreme Court, Justices are totally ological views differ quite a bit. Tillerson nomination be equally di- isolated from the rest of the world by Here is what a former Solicitor Gen- vided. the nature of their job. So people need eral under President Obama had to say The PRESIDING OFFICER. Is there to come to that job with the experience about Judge Gorsuch: objection? Without objection, it is so ordered. of working with individuals, under- Judge Gorsuch is one of the most thought- Mr. CORNYN. Madam President, I standing the strengths and the weak- ful and brilliant judges to have served our nation over the last century. As a judge, he yield the floor. nesses of the legal system and what I suggest the absence of a quorum. their role should be. has always put aside his personal views to serve the rule of law. The PRESIDING OFFICER. The He not only practiced law at a top clerk will call the roll. He goes on to say: law firm as a partner, he had pres- The senior assistant legislative clerk tigious clerkships, including on the Su- I strongly support his nomination to the proceeded to call the roll. preme Court of the United States. He Supreme Court. Mr. SCHUMER. Madam President, I actually clerked for two Supreme This is the sort of respect Judge ask unanimous consent that the order Court Justices—Justice Byron White Gorsuch, in his tenure as a judge, has for the quorum call be rescinded. and Justice Anthony Kennedy—as well generated. He has gained respect even The PRESIDING OFFICER. Without as served in the Department of Justice. from people who are on the opposite objection, it is so ordered. There is absolutely no question that end of the ideological spectrum be- Mr. SCHUMER. Madam President, I Judge Gorsuch is a qualified, high-cal- cause they realize that Judge Gorsuch am coming back to the floor to correct iber nominee, and I have no doubt that will be, first and foremost, somebody the record on my earlier comments, he will serve the Nation well. The rea- who applies the written Constitution where I said Republicans ‘‘insisted’’ on son I say he is a qualified, high-caliber and enforces the rule of law—laws 60 votes for each of President Obama’s nominee is because when he was con- passed by the political branches of gov- nominees. Sixty votes is a bar that was firmed to the Tenth Circuit Court of ernment—and does not attempt to sup- met by each of President Obama’s Appeals, he was confirmed by the Sen- plant his own personal agenda for that nominees, but at the time, there was ate on a voice vote. In other words, he of the chosen representatives of the no need for a cloture vote because we was essentially voted for unanimously, American people. As I said, that is why knew each of them would garner 60. including by people like Senator SCHU- 11 years ago Democrats joined with Re- This is important to clarify because I MER, the Democratic leader, who was publicans to confirm him unanimously believe 60 votes is the right standard

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.005 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S546 CONGRESSIONAL RECORD — SENATE February 1, 2017 for this nominee—not because they did Americans should not take the current not what is best for the American peo- it to us or we did it to them but be- international order for granted. It did not ple, not what is best to address com- cause 60 votes, as I mentioned in my will itself into existence. We created it. plex international challenges. Just like Likewise, it is not naturally self-sus- remarks, produces a mainstream can- taining. We have sustained it. If we stop negotiating a real estate deal does not didate and, as I laid out earlier, the Su- doing so, it will fray and, eventually, col- prepare one to lead the Nation, negoti- preme Court requires a mainstream lapse. ating oil deals does not prepare you to candidate now more than ever. Just as I am not confident in Presi- be a diplomat whose primary interest Madam President, I yield the floor. dent Trump’s nominee for Ambassador is in advocating for American values. I suggest the absence of a quorum. to the United Nations, I am equally When Mr. Tillerson has worked with The PRESIDING OFFICER. The concerned, if not more so, about his foreign governments to pursue lucra- clerk will call the roll. choice for Secretary of State. During tive oil deals and profits, he has been The bill clerk proceeded to call the agnostic to human rights and to Amer- roll. his Senate confirmation hearing, Rex Tillerson, the former CEO of ica’s diplomatic and security interests Mr. HEINRICH. Madam President, I as well. As Exxon’s CEO during the ask unanimous consent that the order ExxonMobil, demonstrated that he is Iraq war, Mr. Tillerson undermined the for the quorum call be rescinded. blatantly unaware of global affairs. He State Department’s efforts to keep Iraq The PRESIDING OFFICER. Without failed to recognize and condemn human objection, it is so ordered. rights violations around the world, in- cohesive as a nation and instead served Mr. HEINRICH. Madam President, cluding in Saudi Arabia and the Phil- the interest of his company’s financial since President Trump was inaugu- ippines, and declared dangerous policy gain, in direct conflict to the American rated, he has unveiled a series of dam- positions without knowing what those interest. aging and truly un-American Executive policies would actually mean. Under Mr. Tillerson’s guidance, orders—in particular, the Executive In his hearing, Mr. Tillerson repeat- ExxonMobil signed a deal directly with order banning refugees and individuals edly avoided answering the most rudi- the Kurdish administration in the from Muslim-majority countries from mentary questions about foreign policy country’s northern region, a move that entering our country. by stating things like ‘‘I’d need more fueled Kurdish secessionist ambitions For President Trump and his team, it information on that issue.’’ and undercut the legitimacy of Iraq’s is a projection of an inward-looking, For as long as I can remember, central government. This deal was isolationist vision for America. For throughout grade school and college, drawn despite the State Department’s many New Mexicans, myself included, women in Saudi Arabia have lacked recommendation that they wait until it is also seen as an attempt to fun- basic freedoms. Yet Mr. Tillerson ei- national legislation was passed because damentally change our American val- ther had no knowledge of women’s a law governing nationwide oil invest- ues. We are not a country that dis- issues in Saudi Arabia or fails to value ments was being reviewed by Par- criminates based on how you pray. We the importance of that issue, which I liament. are not a nation that turns our back on believe to be an American value. In Russia, Mr. Tillerson worked the innocent victims of terrorism or The United States faces an increas- closely with Vladimir Putin’s govern- the allies who have risked their own ing number of global threats, including ment to forge deals to drill for oil in lives so that American soldiers might North Korea, Russia, China, Iran, and the Arctic, the Black Sea, and Siberia. live. terrorist organizations across multiple Mr. Tillerson developed such a cozy re- President Trump’s actions seek to continents. We face evolving threats lationship with the Kremlin that in turn us into the kind of authoritarian from nonstate actors and terrorist or- 2013 he was awarded the Order of Nation that we have always stood ganizations such as Al Qaeda and the Friendship by Vladimir Putin, the against. He has promoted this dark vi- Islamic State. Instability and civil war highest honor awarded to non-Rus- sion instead of asserting America’s in the Middle East have led to the sians. longstanding role as a voice for democ- greatest global refugee crisis since After Russia unlawfully invaded the racy, for freedom, human rights, the World War II. Russia and China are Ukraine and took Crimea, the United environment, tolerance, and respect for acting aggressively to assert their in- States and the European Union enacted women—values which extend far be- fluence and challenge and provoke sanctions against Russia that Mr. yond our shores. American interests and allies. Global Tillerson would be partly responsible In essence, this selfish and bully-like threats such as pandemic disease, nu- for overseeing as Secretary of State. mentality abandon the values that we clear proliferation, and climate change Right now, when we are trying to hold hold dear and which have defined our require international cooperation and Russia accountable for its illegal ag- great Nation as a global power. responses. gression in Eastern Europe, for its war It should come as no surprise that The next Secretary of State will be crimes in Aleppo, and for its inter- President Trump’s nominees to be our diving headfirst into all of these in- ference in our own Nation’s election, Nation’s top diplomats—Nikki Haley, credibly daunting and gravely impor- how on Earth can we trust someone Rex Tillerson—have no diplomatic ex- tant foreign policy challenges. Mr. with such a cozy relationship with the perience. On Nikki Haley’s first day on Tillerson’s lack of foreign policy expe- Putin government to be our Secretary the job, President Trump announced rience, combined with a President who of State? that he would be cutting funding for promotes an isolationist world view, Mr. Tillerson’s record also leads one the United Nations by 40 percent, and leaves me deeply concerned for the fu- to wonder how he will address the im- Ambassador Haley announced to the ture of American foreign policy. perative to implement the Paris cli- world that the United States is now The world looks to America to up- mate agreement, especially since ‘‘taking names’’ of those who disagree hold human rights, to promote demo- President Trump is now exploring how with us. cratic values, and to take the lead on to withdraw from it. At the height of In an attempt to show strength, the many challenges we face as an inter- the debate on climate change legisla- Trump administration is actually cre- national community. The American tion in Congress, Mr. Tillerson spent ating weakness. By stepping away from people look to the White House and to tens of millions of dollars to kill a bill multinational organizations that we the State Department to represent our that would have reduced our carbon helped establish—organizations like fundamental American values on that emissions sooner. It has also been re- the U.N. and NATO—and by presenting international stage. The American peo- ported that his scientists at Exxon a hostile attitude to other countries ple expect their leaders to show that have known about the relationship be- and allies, the United States is walking their only interest is in representing tween carbon emissions and climate away from its role as the indispensable the public’s best interest. since the 1980s and that Exxon even Nation. Americans have reason to doubt made business decisions about what re- This morning, former CIA Director where Rex Tillerson’s interests rest. sources to develop and how based on and retired GEN David Petraeus His world view has been shaped that knowledge. Yet, under Mr. warned that the global alliances of the through the lens of looking out for Tillerson’s leadership, they chose to United States are at risk, stating: what is best for his company’s profits, withhold those findings and fund

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.007 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S547 groups determined to sow confusion and the safety of their families abroad How can we possibly think this is in and doubt. How can we be confident as a direct result of this order. A man our national security interests? that Mr. Tillerson will help America who moved to the United States as a Rex Tillerson has not answered ques- address the impacts of climate change refugee from Iraq and settled in my tions about President Trump’s Muslim and put America’s security and values hometown told me that his wife and travel ban. Mr. Tillerson needs to tell first as our top diplomat? two kids went to Baghdad to attend his us where he stands on this un-Amer- Those conflicts of interest are trou- mother-in-law’s funeral. They are cur- ican policy. If we are going to move bling enough, but the most troubling rently in Iraq and scheduled to return forward on his nomination, Mr. reason I cannot support Mr. Tillerson’s in February. They are all green card Tillerson needs to reassure the Amer- nomination is this: In just the first holders. They are part of our commu- ican people and he needs to reassure week and a half of the Trump White nity. President Trump’s Executive this body that he understands the re- House, we have seen numerous cases of order has left him and his family feel- percussions of these kinds of appalling Trump nominees saying one thing dur- ing in limbo. He said: ‘‘I am afraid actions. He needs to show us that he ing their confirmation hearings before about our destiny as a family, I am will stand up for American values and this body and then the administration afraid I will lose them.’’ against the President’s dangerous im- turning around and doing something The heartbreaking human impact we pulses that will isolate our Nation, al- entirely different. After Secretary have already seen is only part of why ienate our allies, and abdicate our role Mattis told us that he opposed the the Muslim travel ban was such an ap- as leader of the free world. Mr. Muslim travel ban and Director palling action for the President to Tillerson has not shown any of that to Pompeo stated his opposition in hear- take. me, to this body, or to the American ings to torture, we saw this adminis- George Washington once said: ‘‘I had public. tration move forward with both. always hoped that this land might be- Thousands of New Mexicans have I have seen nothing that shows me come a safe & agreeable Asylum to the flooded my office with letters, emails, that Rex Tillerson will stand up to virtuous & persecuted part of mankind, and phone calls urging me to oppose President Trump’s dangerous vision for to whatever nation they might be- his nomination. I share New Mexicans’ American foreign policy. What will he long.’’ It is very clear that President well-founded concerns about Mr. do to stand up for NATO? What indica- Trump is clearly no George Wash- Tillerson’s qualifications to lead the tion do we have that he will call on the ington. This Executive order flies in State Department and to stand up for President to act in the interests of the the face of that sentiment and, I be- our Nation’s interests. American people and not the interests lieve, the sentiment we share as Ameri- I will not support his nomination, of President Trump’s business holdings cans. and I urge my colleagues on both sides I joined my colleagues in sending a in numerous nations around the world? of the aisle to stop and think carefully letter to President Trump about this The Secretary of State sits on the about this vote we are about to take. order. I am particularly outraged about National Security Council. Will Mr. Our Nation’s future role in the world is the absurd and careless nature of the Tillerson stand up to Steve Bannon, at stake. order, which will have a profound effect President Trump’s political strategist Mrs. FEINSTEIN. Madam President, on many Iraqi men and women who who has been outrageously placed on I rise today in opposition to Rex risked their lives and the lives of their the National Security Council, while, I Tillerson’s nomination to be our next families on behalf of our soldiers, on would add, the Chairman of the Joint Secretary of State. I don’t believe Mr. behalf of American soldiers. Tillerson is an appropriate selection to Chiefs and the Director of National In- Late last summer, I traveled to Iraq, telligence were demoted? President to Kuwait, to the heart of Africa, and I be our Nation’s chief diplomat. During his confirmation hearing, Mr. Trump has shown that he trusts the met with top military officials to dis- Tillerson repeatedly evaded questions former leader of the far-right Web site cuss operations against ISIL, Al Qaeda, related to transparency and corporate Breitbart News more than our leading and other terrorist organizations. In responsibility. For instance, on mul- generals and his appointed leader of order to find a lasting solution in that tiple occasions Mr. Tillerson stated the intelligence community. You can volatile region, we must take a smart already see the influence of Mr. approach that provides training, re- that he was unaware of Exxon’s history Bannon, who has made a career out of sources, and support to our regional al- of lobbying Congress; yet, according to selling hateful and divisive propaganda lies, like the Iraqi security forces, lobbying disclosure forms, Exxon lob- aimed at women, Hispanics, African rather than putting tens of thousands bied against a variety of Iran and Rus- Americans, Jews, and other minorities of U.S. troops on the frontlines there sia-related sanctions since at least in the actions President Trump has ourselves. Alienating our regional al- 2010. When pressed on the matter, Mr. taken in his first days in office. lies, alienating Muslims as a whole Tillerson even claimed he didn’t know During his first week in office, Presi- puts all of that at risk. if Exxon lobbied for or against these dent Trump floated the idea of bringing Former Cabinet Secretaries, senior energy-related sanctions bills. back the CIA’s use of ‘‘black site’’ pris- government officials, diplomats, mili- Additionally, I am troubled by Mr. ons and torture techniques, imposed a tary servicemembers, and intelligence Tillerson’s response to questions about gag order on our Federal agencies, and community professionals who have Exxon’s dealings with Iran, Syria, and renewed talk of a wall on our southern served in the Bush administration and Sudan. According to public documents, border. the Obama administration together Exxon established a joint venture with All of this culminated with an Execu- have expressed their deep concern this Shell to conduct business with state tive order blocking refugees from week with President Trump’s Execu- sponsors of terror. That joint venture— around the world from entering the tive order. In a letter, they warned: Infineum—sold petroleum products to United States. This is not greatness. In This Order not only jeopardizes tens of Iran, Sudan, and Syria, when those na- fact, this is un-American. I will not thousands of lives, it has caused a crisis tions were being sanctioned by the stand aside as the values that created right here in America and will do long-term United States. the greatest Nation on Earth are tram- damage to our national security. During that time, Mr. Tillerson rose pled upon. In the middle of the night, just as we were from senior vice president to president This dangerous Executive action has beginning our nation’s commemoration of and director and eventually to chair- the Holocaust, dozens of refugees onboard already had a clear human impact. In flights to the United States and thousands of man and CEO of Exxon; yet, during his New Mexico, the Albuquerque Journal visitors were swept up in an Order of unprec- testimony, Mr. Tillerson claimed to be reports that our universities have edented scope, apparently with little to no unaware of Infineum’s purposeful eva- issued an advisory to foreign students oversight or input from national security sion of sanctions. Instead of recog- and faculty: ‘‘Don’t leave the country professionals. nizing the larger national interest, Mr. if you want to come back.’’ Think Also this week, the Iraqi Parliament, Tillerson suggested that American about that. in direct response to President Trump’s companies could legally avoid sanc- My office has already heard from Muslim travel ban, voted to implement tions by setting up shell companies New Mexicans who fear for their safety an identical visa ban on Americans. outside of the United States.

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.008 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S548 CONGRESSIONAL RECORD — SENATE February 1, 2017 Infineum is not the only example of learned firsthand the critical role of eigners who work to improve relations Exxon’s history of undermining Amer- our Nation’s diplomats, the risks that with Russia. ican policy. Under Mr. Tillerson’s lead- they take to serve our country, and the Mr. Tillerson has had particularly ership, Exxon signed oil exploration part that they play in spreading Amer- close dealings with Igor Sechin, the contracts with the Kurds in Iraq. Doing ican ideals of freedom and democracy head of a state-owned Russian oil com- so undermined the United States ‘‘one around the world. pany whom the United States has sanc- Iraq’’ policy and exacerbated the long- The cabinet position of Secretary of tioned and banned from entering the simmering conflict between the central State is as old as our Nation. Thomas United States. government and the Kurds. That is be- Jefferson served as President Washing- In 2014, Mr. Tillerson opposed sanc- cause Exxon signed contracts to ex- ton’s Secretary of State. The Secretary tioning Russia for its actions in plore oil at six sites. Three of those is the President’s top foreign policy ad- Ukraine and reportedly lobbied the sites were on disputed land claimed by viser and our Nation’s chief representa- government against those sanctions. both the Kurds and the Iraqi central tive abroad. Today the State Depart- According to Reuters, ‘‘[Tillerson] government. ment reaches across the world, advanc- added that Exxon does not ‘generally’ By agreeing to explore in disputed ing our interests, shaping our relation- support sanctions and has made that territory on behalf of the Kurds, Exxon ships, advocating for human rights, view known to the U.S. Government. changed the facts on the ground in and working to advance peace. . . . ‘We’re having conversations such favor of the Kurds. Exxon’s decision In addition, the Secretary of State that our views are being heard at the may have been good for Exxon, but it will encounter a department of em- highest levels.’ Tillerson told report- certainly did not benefit a stable, uni- ployees who are deeply concerned ers.’’ And yet, in his confirmation fied Iraq. about the role that they will play and hearing, Mr. Tillerson denied that he I am also concerned by Mr. the actions that they may be expected or Exxon directly lobbied against the Tillerson’s response to questions about to take in service to the new President. sanctions. Russia. Russia has invaded Ukraine, Last week, the Washington Post re- Given Russia’s interference with U.S. annexed Crimea, intervened in Syria, ported that the State Department’s en- elections and Russia’s increased provo- and meddled in our own elections; yet tire senior management resigned, in- cation of our allies, we need to be able Mr. Tillerson refuses to offer support cluding officials who had worked in to rely on our Secretary of State to ad- for international sanctions against both Republican and Democratic ad- vance U.S. interests above all. Mr. Russia. ministrations. This was an unprece- Tillerson’s long and close relationship He refuses to describe Russia’s bomb- dented loss of institutional knowledge. with Russia casts doubt on his ability ing of Syrian hospitals and schools— And by yesterday afternoon, a dis- and inclination to pursue additional and a U.N. humanitarian aid convoy— sent letter by State Department staff sanctions as necessary and on the qual- as war crimes. saying that President Trump’s execu- ity of advice that he will give the Russia remains in violation of the tive order to temporarily bar citizens President. And despite the active na- Minsk agreement and continues to oc- from seven Muslim-majority countries tional conversation about Russia, Mr. cupy Crimea, indiscriminately bomb in would not make the Nation safer had Tillerson said in his hearing that he Syria, and hack American think tanks. attracted around 1,000 signatures, far and President Trump had not even dis- Now is not the time to remove sanc- more than any dissent cable in recent cussed Russian policy with any speci- tions against Russia, and I have little years. ficity. confidence Mr. Tillerson is committed President Trump’s campaign rhetoric I am also concerned that Mr. to pushing back against Russian ag- has shaken our allies—wavering on our Tillerson does not seem to view human gression. commitment to NATO, gratuitously es- rights as a critical issue for the State Finally, Mr. Tillerson’s indifference calating arguments with China and Department. In addition to refusing to to the two-state solution between Mexico, and empowering an increas- condemn Russian and Syrian atrocities Israel and the Palestinians is unaccept- ingly aggressive Russia. Mr. Trump has as war crimes, he did not condemn able. Specifically, Mr. Tillerson said made fawning statements about Rus- Philippine President Duterte’s that a two-state solution is a ‘‘dream’’ sian President Vladimir Putin. In Octo- extrajudicial killings. This is particu- and openly questioned whether or not ber 2007, Mr. Trump said of Putin, ‘‘he’s larly disturbing, as President Duterte it could ever become a reality. The re- doing a great job.’’ In December 2011, has alleged that President Trump ap- ality is that, without a two-state solu- Mr. Trump praised Putin’s ‘‘intel- proves of his actions. Mr. Tillerson ap- tion, Israel cannot be both a democ- ligence’’ and ‘‘no-nonsense way.’’ In peared hesitant to weigh in on human racy and a majority-Jewish state. June 2013, Mr. Trump wondered if rights abuses. But the State Depart- Today Israel is constructing settle- Putin would be his ‘‘new best friend.’’ ment cannot be silent and must be an ments throughout the West Bank. Pal- And in July 2015, Mr. Trump said, ‘‘I outspoken voice for human rights, even estinian terror and incitement con- think I’d get along very well with to our allies. tinue. Mr. Tillerson’s almost casual Vladimir Putin.’’ Mr. Tillerson appears not to appre- dismissal of the two-state solution is And Mr. Trump has questioned the ciate America’s role as a beacon of disqualifying for a Secretary of State. reality of climate change. He tweeted, light around the world that stands up Our chief diplomat must understand ‘‘The concept of global warming was for the rule of law and human rights. the urgency of the situation and must created by and for the Chinese in order This is especially troubling, as Presi- be willing to engage both sides in the to make U.S. manufacturing non- dent Trump’s order last Friday to sus- pursuit of peace. competitive.’’ pend America’s refugee programs is an I simply do not believe Mr. Tillerson The Secretary of State thus must attack on everything for which our is interested in doing so. play a crucial role in maintaining rela- country stands. President Trump’s Mr. Tillerson’s lack of transparency, tionships between the United States order has made us less safe by playing history of working against our na- and our allies around the world. In the into ISIS’s propaganda, casting our tional interests, close ties to Russia, face of Mr. Trump’s statements and ac- fight against terrorism as a fight and indifference to Israel’s future tions, the need for a strong Secretary against an entire religion. That is not make him unfit to serve as the Sec- of State is all the more important. who we are as a nation. We must re- retary of State. President Trump has nominated Rex main vigilant and resolute against ef- I intend to oppose Mr. Tillerson, and Tillerson, the former CEO of forts to sow fear and division, and we I urge my colleagues to do the same. ExxonMobil, to take on this critical must fight together to protect the Mr. VAN HOLLEN. Madam Presi- role. Mr. Tillerson, who has never rights and freedoms of all people. dent, my father served in the Foreign served in government, has spent many President Trump’s executive order Service at the Department of State, so years building business relationships highlights the need for a Secretary of I spent some of my early years over- with Russia and Vladimir Putin, and in State who will push back against seas. I was proud to be part of a family 2013, even received the Russian Order of President Trump’s worst impulses. Mr. that represented our great country. I Friendship, an award given to for- Tillerson, however, seems ready to do

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.041 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S549 the opposite and reinforce many of Needless to say, Justice Scalia left NOMINATION OF BETSY DEVOS President Trump’s worst instincts. Mr. some big shoes to fill. But after learn- Ms. COLLINS. Madam President, I Tillerson’s lack of focus on human ing a little about Judge Gorsuch, I come to the floor to announce a very rights and the rule of law indicate that have to say that if anyone can come to difficult decision that I have made; he seems not to appreciate the role of fill them, I think Judge Gorsuch can. that is, to vote against the confirma- American in the world—particularly Like Justice Scalia, Judge Gorsuch has tion of Betsy DeVos to be our Nation’s dangerous traits when President a brilliant mind. He shares Justice next Secretary of Education. This is Trump is retreating from America’s 70- Scalia’s gift for the written word. The not a decision that I have made lightly. year special role in the world, retreat- Washington Post noted the many peo- I have a great deal of respect for Mrs. ing—in the words of a recent article in ple ‘‘who have praised Gorsuch’s lucid DeVos. I believe she is a good person. I The Atlantic—to a pre-1941 world of and occasionally lyrical writing style.’’ know she cares deeply about the chil- ‘‘closed borders, limited trade, intoler- Slate called Judge Gorsuch’s writing dren of this Nation. But for the reasons ance to diversity, arms races, and a go- ‘‘superb, incisive, witty, and acces- that I will explain, I simply cannot it-alone national race to the bottom.’’ sible.’’ support her confirmation. Finally, I seriously question Mr. But most importantly, like Justice Later today, the Senate will vote on Tillerson’s commitment to working Scalia, Judge Gorsuch understands the a motion to proceed to the DeVos nom- with our allies and cosigners of the role of a Supreme Court Justice. He ination. I will vote to proceed to the Paris Climate Agreement to confront knows that a Justice’s job is to inter- nomination because I believe that one of our greatest global challenges. pret the law, not write it. In a speech Presidents are entitled to considerable While at certain points, he has ac- last year, Judge Gorsuch said the fol- deference for the selection of Cabinet knowledged the dangers of climate lowing: ‘‘Perhaps the greatest project members, regardless of which political change, he has more recently ques- of Justice Scalia’s career was to re- party is in power, and that each and tioned the science and the human con- mind us of the differences between every Senator should have the right to tribution. In his hearing, he acknowl- judges and legislators.’’ cast his or her vote on nominees for edged that climate change does exist Understanding those differences is in- the Cabinet. That is why, during Presi- and that the United States needed to dispensable. Brilliance, eloquence, dent Obama’s administration, I voted have a seat at the table, but he failed learning, compassion—none of those for procedural motions, including clo- to express any urgency to respond or a things matter if you don’t understand ture, to allow the President’s nominees clear commitment to the Paris Agree- the proper role of the Supreme Court. for Secretary of Defense and for Sec- ment. That role is to interpret the law, not retary of Labor to receive up-or-down While Mr. Tillerson may be a skilled make the law—to judge, not legislate; votes by the full Senate, even though I business dealmaker, the job of the Sec- to call balls and strikes, not to try and ultimately voted against those two retary of State and the leader of our rewrite the rules of the game. nominees on the Senate floor. At the State Department requires the experi- It is great to have strong opinions. It time, I stated that it is appropriate for ence and determination to meet our is great to have sympathy for causes or every Senator to have an opportunity current challenges. Given his extensive organizations. It is great to have plans to vote for or against an individual ties to Russia and questionable com- for fixing society’s problems. But none Cabinet member, and I still believe mitment to advancing human rights of those things has any business influ- that is the right approach. and combatting climate change, I do encing your ruling when you sit on the Let me again make clear what I said not believe that Mr. Tillerson is the Supreme Court. Judge Gorsuch under- at the beginning of my remarks, which right person for this job, and I will vote stands this. That is why I trust him to explains why this has been a decision against his confirmation. that I have not made lightly. I know The PRESIDING OFFICER. The Sen- sit on the Supreme Court. When Judge Gorsuch was nominated that Mrs. DeVos cares deeply about ator from South Dakota. to the Tenth Circuit Court of Appeals children. I recognize that she has de- NOMINATION OF NEIL GORSUCH 10 years ago, he was confirmed by a voted much time and resources to try Mr. THUNE. Madam President, last unanimous vote here in the Senate. to improve the education of at-risk night President Trump announced the You can’t really get a more bipartisan children in cities whose public schools nomination of Judge Neil Gorsuch to confirmation than that. At the time, have failed them. I commend her for the Supreme Court. He will fill the spot then-Senator Ken Salazar, a Colorado those efforts. left vacant by the death of Justice Democrat who later became Interior I wrote to Mrs. DeVos, seeking her Antonin Scalia. assurances in writing that she would Justice Scalia left a profound mark Secretary under Obama, noted that not support any Federal legislation on our judicial history. He had a bril- Judge Gorsuch ‘‘has a sense of fairness mandating that States adopt vouchers liant mind, a ready wit, and a vivid and and impartiality that is a keystone of nor would she condition Federal fund- colorful writing style that made read- being a judge.’’ ing on the presence of voucher pro- ing his decisions not only illuminating Given the wide respect in which grams in States. She has provided that but enjoyable. But most importantly, Judge Gorsuch is held, his outstanding commitment, and I ask unanimous Antonin Scalia had a profound respect record, and his previous overwhelm- consent that the exchange of cor- for the rule of law and the Constitu- ingly bipartisan confirmation, I am respondence with Mrs. DeVos be print- tion. He knew that he was a judge, not hopeful that his nomination will move ed in the RECORD at the conclusion of a legislator, and his job was not to quickly through the Senate. Senate my statement. make the law but to interpret the law. Democrats have spoken a lot about the Nevertheless, like all of us, Mrs. That is exactly what he did. need to fill the ninth seat on the Su- DeVos is the product of her experience. For 30 years, Justice Scalia ruled on preme Court. Now is the chance. She appears to view education through the plain meaning of the laws and the I congratulate Judge Gorsuch on his the lens of her experience in promoting Constitution. His politics, his personal nomination, and I look forward to see- alternatives to public education in De- opinions, his own feelings about a ing him confirmed to the Supreme troit and other cities where she has, no case—none of those was allowed to play Court. doubt, done valuable work. Her con- a role in his decision. He asked what I yield the floor. centration on charter schools and the law said, what the Constitution I suggest the absence of a quorum. vouchers, however, raises the question said, and he ruled accordingly, even The PRESIDING OFFICER. The about whether she fully appreciates when he didn’t like the result. Justice clerk will call the roll. The bill clerk proceeded to call the that the Secretary of Education’s pri- Scalia once said: roll. mary focus must be on helping States If you are going to be a good and faithful Ms. COLLINS. Madam President, I judge, you have to resign yourself to the fact and communities, parents, teachers, that you’re not always going to like the con- ask unanimous consent that the order school board members, and administra- clusions you reach. If you like them all the for the quorum call be rescinded. tors strengthen our public schools. time, you are probably doing something The PRESIDING OFFICER. Without While it is unrealistic and unfair to wrong. objection, it is so ordered. expect a nominee to know the details

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.042 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S550 CONGRESSIONAL RECORD — SENATE February 1, 2017 of all the programs under the jurisdic- As a strong proponent of local control, I perhaps in other parts of America just tion of the Department of Education, I believe the decision of whether to provide because of our geography. We are iso- am troubled and surprised by Mrs. vouchers, scholarships, or other public sup- lated. Eighty-two percent of the com- DeVos’s apparent lack of familiarity port for students who choose to attend a munities are not attached by a road. nonpublic school should not be mandated by with the landmark 1975 law, the Indi- the federal government. Rather, this is a The communities are small. The viduals with Disabilities Education state and school district matter. schools are smaller. Act—known as the IDEA—that guaran- The Every Student Succeeds Act made In our urban centers, what some find tees a free and appropriate education great strides in returning control over edu- unusual is we have more diversity in to children with special needs. cation decisions to states and local commu- our populations than most people could The mission of the Department of nities, and I applaud your efforts in passing understand or even imagine. One of the Education is broad, but supporting that important law. Decisions about whether neighborhoods in my hometown of An- public education is at its core. I am to provide parental choice will vary from chorage hosts the most ethnically di- concerned that Mrs. DeVos’s lack of ex- state to state and district to district, reflect- ing local needs. verse schools in the United States of perience with public schools will make As I stated during my confirmation hear- America. So I have urban schools that it difficult for her to fully understand, ing before the U.S. Senate Health, Edu- have rich diversity, and I have very identify, and assist with those chal- cation, Labor, and Pensions Committee on rural, very remote, extremely remote lenges, particularly for our rural January 17, while I am a strong supporter of schools that face challenges when it schools in States like Maine. school choice, I am also respectful of state comes to how we deliver education. So In keeping with my past practice, I and local decisions on this issue. Therefore, knowing that we have the strongest will vote today to proceed to debate on if confirmed, I will not impose a school public school system is a priority for Mrs. DeVos’s nomination. But I will choice program on any state or school dis- trict. me. not, I cannot, vote to confirm her as I have spent considerable time one- our Nation’s next Secretary of Edu- Senator Collins, I look forward to working with you to support Maine’s teachers, on-one with Mrs. DeVos before and cation. schools and districts as they work to provide after the committee hearing. I spent There being no objection, the mate- a high quality education to every student. the entirety of the Senate HELP Com- rial was ordered to be printed in the Sincerely, mittee listening carefully to the ques- RECORD, as follows: BETSY DEVOS. tions that colleagues put to her. After- U.S. SENATE, Ms. COLLINS. Madam President, I ward, I reviewed not only her written Washington, DC, January 24, 2017. yield the floor. responses to me but those that she had Mrs. BETSY DEVOS, The PRESIDING OFFICER. The Sen- Education Secretary-Designate, responded to other colleagues. I re- Washington, DC. ator from Tennessee. quested further that she provide cer- DEAR MRS. DEVOS: I am writing to follow Mr. ALEXANDER. Madam President, tain commitments in writing. After up on the questions posed to you in your con- I suggest the absence of a quorum. speaking with her at length and consid- firmation hearing regarding your position on The PRESIDING OFFICER. The ering everything that I have learned, I school vouchers should you be confirmed as clerk will call the roll. have the following comments to share: Secretary of Education. I have concerns The senior assistant legislative clerk First, I must state that I absolutely about the impact of such a voucher program, proceeded to call the roll. believe Betsy DeVos cares deeply for especially on rural school districts with lim- ited budgets and numbers of students. Ms. MURKOWSKI. Mr. President, I all children. I think we all acknowl- The needs of public schools in Maine are ask unanimous consent that the order edge that she could have spent her very different from those in large urban for the quorum call be rescinded. time, her energy, and her considerable areas, where some schools have failed our The PRESIDING OFFICER (Mr. COT- resources on almost anything else that children. The majority of Maine’s schools TON). Without objection, it is so or- she chose to do. I admire her for choos- and school districts are small and rural, and dered. ing to help children to access a better the constraints on resources and the reali- Ms. MURKOWSKI. Mr. President, I ties of distance greatly influence the policies education because she could have cho- and practices for delivering high-quality ask unanimous consent to speak on the sen to do many other things, but she education in those settings. The concern I upcoming motion to proceed to the chose to work for children, and I appre- hear in Maine from teachers, administrators, DeVos nomination for a period of 5 ciate that. and parents is that school vouchers will di- minutes. Now, as Senators, we are in the posi- vert scarce resources from public schools. The PRESIDING OFFICER. Without tion to provide advice and consent on During my time as a U.S. Senator, I have objection, it is so ordered. the President’s nominee. My view has visited more than 200 schools in Maine. At Ms. MURKOWSKI. Mr. President, I each visit, I have seen repeatedly the skilled been—and has been since I came to the and dedicated teachers, administrators, and would like to share my thoughts with U.S. Senate—that under almost all cir- staff working closely with parents to deliver my colleagues today about the Presi- cumstances, a President has the right the best possible education for their stu- dent’s nominee to be Secretary of Edu- to have their nominees considered and dents. Likewise, I have spoken with students cation. I shared many of these to receive a full vote by the entire Sen- who are vibrant members of their commu- thoughts yesterday with my colleagues ate. nities and excited about learning. Our public on the Senate HELP Committee. So I have gone back, and I have schools have a tremendous impact on stu- Like my colleague from Maine, this looked at how I, as a Senator, have dents and communities, and the U.S. Depart- nomination has been a very difficult handled confirmations under President ment of Education is an important partner one for me. It has been very personal. in fulfilling the promise of high-quality pub- Bush and President Obama. When clo- lic education for all students. As I mentioned in committee, I take ture votes have been called on Cabinet Please respond in writing to the following very personally the education of the nominees, my practice has been to vote question: Would you oppose a federal man- children in my State. I take very per- aye. I voted aye twice for Secretary of date that would require states to adopt pri- sonally the contributions that our edu- Defense Hagel. I voted aye for Sec- vate school vouchers? I ask that you respond cators, our administrators in the retary of Labor Perez, even though I prior to the Senate Health, Education, schools—all that they provide and the voted against his confirmation in the Labor, and Pensions Committee mark-up on importance that we should all place on January 31. final vote. Sincerely, the education of America’s children. So, Mrs. DeVos. SUSAN M. COLLINS, I don’t think it is an overstatement She has answered thousands of ques- United States Senator. to say that I have struggled with how tions that have been put to her. Nei- I will cast my vote on the nomination ther the Office of Government Ethics, JANUARY 25, 2017. of Mrs. DeVos. Again, I take very per- the Senate HELP Committee, nor I Hon. SUSAN COLLINS, sonally the success of Alaska’s schools have found any substantive reason to U.S. Senate, and the success of Alaska’s school- question Mrs. DeVos’s name or reputa- Washington, DC. Dear SENATOR COLLINS: Thank you for the children. We have a lot of schools in tion, but yet I have heard from thou- opportunity to answer your question about Alaska, as we all do around the coun- sands—truly thousands of Alaskans my position on federal education mandates try. My schools, I would challenge you who share their concerns about Mrs. regarding private school vouchers. all, are a little bit more diverse than DeVos as Secretary of Education. They

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.011 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S551 have contacted me by phone, by email, is truly a refuge. And that she will prised if any President supported an in person, and their concerns center— fight for the children whose parents Education Secretary who didn’t sup- as mine do—on Mrs. DeVos’s lack of ex- don’t even know how to navigate these port charter schools. I would be sur- perience with public education and the educational options. prised if a Republican President nomi- lack of knowledge she portrayed in her I believe that my colleagues here in nated an Education Secretary who confirmation hearing. the Senate and the many, many they didn’t believe in school choice. Alaskans are not satisfied that she represent have the right to debate What I especially like about Mrs. would uphold Federal civil rights laws these questions, to air their thoughts DeVos is that she believes in the local in schools that receive Federal funds. and concerns and perspectives about school board, instead of the national They question her commitment to stu- this nomination, and again I believe school board. She has made it clear dents with disabilities’ rights under that any President has the right to ex- that there will be no mandates from IDEA. They fear that the voucher pro- pect that we do so. Washington to adopt Common Core in grams that are intended to serve them I conclude my remarks to make clear Arkansas or Tennessee if she is the may actually rob them of the oppor- that my colleagues know firmly that I Education Secretary, there will be no tunity to benefit from an education in do not intend to vote, on final passage, mandate in Washington to evaluate an inclusive environment with their to support Mrs. DeVos to be Secretary teachers in Washington State this way nondisabled peers. of Education. I thank the chairman of or that way if she is the Secretary, and After 8 years of the micromanage- the committee for working with me there will be no mandate from Wash- ment that we have seen from this pre- and with my colleagues on this matter, ington to have vouchers in Maine or vious administration, quite honestly, but I cannot support this nominee. Alaska if she is the Secretary. they are very concerned that Mrs. Mr. President, I yield the floor. She believes in the bill we passed in DeVos will force vouchers on Alaska. The PRESIDING OFFICER. The Sen- December of 2015, with 85 votes, that Now, she has said that she has not. She ator from Tennessee. restores to States and classroom teach- has committed publicly and to me per- Mr. ALEXANDER. Mr. President, I ers and local school boards the respon- sonally that she will not seek to im- ask unanimous consent to speak for 5 sibility for making decisions about pose vouchers on our States. She has minutes. standards, about tests, about how to committed to implementing Federal The PRESIDING OFFICER. Without help improve schools, about how to education laws as they are written and objection, it is so ordered. evaluate teachers. That passed because intended, and this is a welcome depar- Mr. ALEXANDER. Mr. President, I people were so sick and tired of Wash- ture from what we had seen with the come to the floor to thank the Senator ington telling local schools so much two previous Secretaries of Education. from Alaska and the Senator from about what to do. The PRESIDING OFFICER. The Sen- Maine for this reason: They are fol- She will be that kind of Education ator’s time has expired. lowing a long and venerable tradition Secretary. She will be an excellent Ms. MURKOWSKI. Mr. President, I in the United States Senate that too Education Secretary. The two Senators ask unanimous consent for an addi- many Senators do not follow. They are have followed a venerable and honor- tional 11⁄2 minutes. allowing—despite their final view on able tradition in the Senate by saying The PRESIDING OFFICER. Without the substance of an issue—the full Sen- they will vote to allow the full Senate objection, it is so ordered. ate to make a decision on an important to consider her nomination, and when Ms. MURKOWSKI. Thank you, Mr. issue. we do, I am confident she will be con- President. It used to be that a motion to pro- firmed. She has committed that the focus she ceed to an issue was routine. It used to There being no objection, the mate- will give, not only to Alaska but to all be that after a certain period of time, rial was ordered to be printed in the States will not undermine, erode, or ig- we would cut off the vote so we could RECORD, as follows: [Jan. 24, 2017] nore public schools and that she will, have an up-or-down vote, 51, on an im- SENATE SHOULD PROMPTLY CONFIRM BETSY in fact, work to support our public portant issue. DEVOS schools. She has committed to me that We have gotten away from that, but (By Sen. Lamar Alexander) she will come to Alaska in order to Senator COLLINS and Senator MUR- Democrats desperately are searching for a learn from Alaska’s educators, our par- KOWSKI have been among the most con- valid reason to oppose Betsy DeVos for U.S. ents, school board members, and our sistent Senators who would say, absent Education Secretary because they don’t tribal representatives to see for herself extraordinary circumstances, ‘‘I am want Americans to know the real reason for the challenges we face. going to vote to allow the vote to come their opposition. That real reason? She has spent more than I still continue to have concerns. I to the floor so the full Senate can three decades helping children from low-in- think Mrs. DeVos has much to learn make its decision,’’ and I thank them come families choose a better school. Spe- about our Nation’s public schools, how for that. cifically, Democrats resent her support for they work and the challenges they Madam President, as to Mrs. DeVos, allowing tax dollars to follow children to face. I ask unanimous consent to have print- schools their low-income parents’ choose— I have serious concerns about a nomi- ed in the RECORD, following my re- although wealthy families choose their chil- nee to be Secretary of Education who marks, an article about why the Sen- dren’s schools every day. has been so involved in one side of the ate should promptly confirm Betsy Tax dollars supporting school choice is hardly subversive or new. In 2016, $121 billion equation—so immersed in the push for DeVos as U.S. Education Secretary, in federal Pell Grants and new student loans vouchers—that she may be unaware of which I believe it will do so. followed 11 million college students to ac- what actually is successful within the Mrs. DeVos will be an excellent Edu- credited public, private or religious schools public schools and also what is broken cation Secretary. She has commitment of their choice, whether Notre Dame, Ye- and how to fix them. to public education. She has said that. shiva, the University of Tennessee or Nash- Betsy DeVos must show us that she There is no better example of that than ville’s auto diesel college. These aid pay- truly understands the children of Alas- her work on the most important re- ments are, according to Webster’s—‘‘vouch- ka and across America, both urban and form of public schools in the last 30 ers’’—exactly the same form of payments that Mrs. DeVos supports for schools. rural, who are not able to access an al- years, which is charter schools. America’s experience with education ternative choice in education, as in so Charter public schools are the fastest vouchers began in 1944 with the GI Bill. As many of my communities. She must growing form of public education to veterans returned from World War II, federal show us that she will work to help the give teachers more freedom and par- tax dollars followed them to the college of struggling public schools that strive to ents more choices, and she has been at their choice. educate children whose parents are un- the forefront of that public school ac- Why, then, is an idea that helped produce able to drive them across town to get tivity. Second, she has spent her time the Greatest Generation and the world’s best colleges such a dangerous idea for our chil- to a better school. That she will not ig- truly helping to give low-income par- dren? nore the homeless students whose main ents more choices and better schools Mrs. DeVos testified that she opposes worry is finding somewhere safe to for their children, but is that a reason Washington, D.C., requiring states to adopt sleep and for whom their public school not to support her? I would be sur- vouchers, unlike her critics who delight in a

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.013 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S552 CONGRESSIONAL RECORD — SENATE February 1, 2017 National School Board imposing their man- The PRESIDING OFFICER. The Sen- exceptions to the Muslim ban. It is to dates on states, for example, Common Core ator from New Hampshire. repeal the ban entirely. The President academic standards. TRAVEL BAN has called for what he has termed ‘‘ex- So, who is in the mainstream here? The GI Bill, Pell Grants, student loans, both Presi- Mrs. SHAHEEN. Mr. President, I treme vetting,’’ but the truth is that dents Bush, President Trump, the 25 states came to the floor today to join with our vetting procedures are already that allow parents to choose among public Senators and people across this coun- thorough and rigorous. It takes as long and private schools, Congress with its pas- try in speaking out against the Presi- as 24 months for a refugee to make it sage of the Washington, D.C. voucher pro- dent’s misguided and, I believe, de- through the process and come to the gram, 45 U.S. senators who voted in 2015 to structive Executive order that has United States. The entire screening allow states to use existing federal dollars abruptly closed our borders to all refu- process takes place outside the United for vouchers, Betsy DeVos—or her senate critics? gees as well as citizens from seven States. So it doesn’t pose a threat to The second reason Democrats oppose Mrs. Muslim-majority countries. people here in America. DeVos is that she supports charter schools— During the campaign, Candidate In my home State of New Hampshire, public schools with fewer government and Trump called for a ‘‘total and complete the President’s Executive order has union rules so that teachers have more free- shutdown of Muslims entering the caused shock and profound concern, es- dom to teach and parents have more freedom United States.’’ I had certainly hoped pecially in our business and academic to choose the schools. In 1992, Minnesota’s that once in office, he would receive communities, as well as in our immi- Democratic-Farmer-Labor party created a dozen charter schools. Today there are 6,800 wise and prudent counsel and he would grant communities. T.J. Parker is the in 43 states and the District of Columbia. realize that elevating such a Muslim CEO of PillPack, a company that em- President Obama’s last Education Secretary ban to the status of official U.S. policy ploys nearly 400 people in Manchester, was a charter school founder. Again, who is would have very negative con- which is the largest city in New Hamp- in the mainstream? Minnesota’s Democratic- sequences. shire. He said on Monday: ‘‘This ban is Farmer-Labor party, Presidents Bush, Clin- Instead, what we have seen is that a wrong and goes against our values as a ton and Obama; the last six U.S. Education small group in the White House acting company and as Americans.’’ Secretaries, the U.S. Congress, 43 states and in secret produced this Executive He continued: ‘‘I’m also deeply con- the District of Columbia, Betsy DeVos—or order. They did so without legal review cerned about any measures that could her senate critics? Her critics dislike that she is wealthy. and even without the knowledge of the discourage talented individuals from Would they be happier if she had spent her Secretary of Homeland Security, the studying and working in the U.S.’’ money denying children from low-income Secretary of Defense, or the nominee The Union Leader newspaper re- families choices of schools? to be Secretary of State. As a result, as ported yesterday that more than 700 Mrs. DeVos’ senate opponents are grasping we all know, we saw a weekend of refugees who settled in New Hampshire for straws. We didn’t have time to question chaos and confusion—a self-inflicted over the past decade are from the seven her, they say, even though she met with each countries singled out in the Executive one of them in their offices, and her hearing wound to our national security and to lasted nearly an hour and a half longer than our reputation in the world. order and would have been banned from either of President Obama’s education secre- The consequences go far beyond the entry. These immigrants are not taries. scenes of disorder that we witnessed in Iraqis, Somalis, Sudanese or Syrians. Now she is answering 837 written follow up recent days. By singling out Muslim- They are proud loyal members of our questions from Democratic committee mem- majority countries and banning their diverse American family. Many of bers—1,397 if you include all the questions citizens from entry into the United them have spouses or children still in within a question. By comparison, Repub- States and by denying entry to all ref- refugee camps, and they hope to be licans asked President Obama’s first edu- cation secretary 53 written follow-up ques- ugees, the President has greatly dam- united with their families. The Presi- tions and his second education secretary 56 aged America’s image across the world dent’s order has now slammed the door written follow-up questions, including ques- and, perhaps, worst of all, this Execu- on these hopes. tions within a question. In other words, tive order is a gift to ISIS, Al Qaeda, Yesterday the Associated Press in Democrats have asked Mrs. DeVos 25 times and to every other radical jihadist New Hampshire reported on Dr. Omid as many follow-up questions as Republicans group. On social media they celebrated Moghimi, an internist at New Hamp- asked of either of President Obama’s edu- the travel ban as a confirmation to shire Dartmouth-Hitchcock Medical cation secretaries. Center. An American citizen, he fell in Finally, Democrats are throwing around their narrative that the United States conflict of interest accusations. But Betsy is at war with Islam and that they are love with a childhood friend in Iran and DeVos has signed an agreement with the engaged in a clash of civilizations. One married her in Tehran in 2015. Here is independent Office of Government Ethics to ISIS sympathizer praised the Executive the picture of the two of them on their divest, within 90 days of her confirmation, order as a ‘‘blessed ban,’’ comparing it wedding day. After months of vetting possible conflicts of interest identified by to what he called ‘‘the blessed inva- for entry to the United States, his wife the ethics office, as every cabinet secretary sion’’ of Iraq, which inflamed anti- had an appointment for her visa inter- is required to do. That agreement is on the American anger across the Islamic view. That appointment was abruptly internet. Tax returns? Federal law does not require world. This is dangerous because this is canceled after the President’s Execu- disclosure of tax returns for cabinet mem- a powerful recruitment tool for our en- tive order, and Dr. Moghimi worries bers, or for U.S. Senators. Both cabinet emies. that this could become permanent. He members and senators are already required I am also deeply concerned that this is now in his first year of a 3-year resi- to publish extensive disclosures of their Executive order endangers our troops dency, and he fears he will have to holdings, income and debts. Cabinet mem- and our diplomats who are in the field. leave the United States in order to live bers must also sign an agreement with the Today, more than 5,000 American with his wife, who volunteers at Office of Government Ethics to eliminate po- troops are supporting Iraqi troops in daycare centers and an orphanage. Dr. tential conflicts of interest. One year ago, because I believe presidents the fight to reclaim Mosul and drive Moghimi told the AP: ‘‘There’s no evi- should have their cabinet in place in order to ISIS out of Iraq. By discriminating dence that she is in any way even a govern, I worked to confirm promptly Presi- based on religion and nationality, the miniscule threat, security risk, and dent Obama’s nomination of John King to be President’s order undermines the local there are many, many cases like her Education Secretary, even though I dis- alliances and the trust established by out there.’’ agreed with him. our troops and diplomats in the field. If this Executive order stays in ef- Even though they disagree with her, Demo- This order is so ill-considered that, as fect, we lose the opportunity to have crats should also promptly confirm Betsy Dr. Moghimi practice in the United DeVos. Few Americans have done as much to originally drafted, it even barred Iraqi help low-income students have a choice of civilians, including translators who States and maybe serve a community better schools. She is on the side of our chil- provided essential assistance to the in New Hampshire, and it has a real dren. Her critics may resent that, but this U.S. mission. impact on their lives. The ill-advised says more about them than it does about Just to be clear, this Muslim ban is words and actions, including this Exec- her. un-American. It is offensive to our Na- utive order, have damaged America’s Mr. ALEXANDER. Mr. President, I tion’s core values and ideals. The right standing in the world and harmed our yield the floor. way forward is not to carve out small national security. But the Senate has

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.009 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S553 an opportunity to send a very different The PRESIDING OFFICER. Are there Enzi Kennedy Rounds message to our allies and to our en- any other Senators in the Chamber de- Ernst King Rubio Fischer Lankford Sasse emies across the globe. We can make siring to vote? Flake Lee Scott clear that America’s democracy is The result was announced—yeas 56, Gardner Manchin Shelby founded on a system of checks and bal- nays 43, as follows: Graham McCain Sullivan Grassley McConnell Thune ances, and that the President doesn’t [Rollcall Vote No. 36 Ex.] Hatch Moran Tillis speak for America or make policy all Heitkamp Murkowski YEAS—56 Toomey Heller Paul by himself. I urge my Senate col- Warner Alexander Gardner Paul Hoeven Perdue leagues to join with us in supporting Wicker Barrasso Graham Perdue Inhofe Portman legislation to repeal the President’s Blunt Grassley Portman Isakson Risch Young order. We need to send a clear message Boozman Hatch Risch Johnson Roberts to the world that America does not Burr Heitkamp Roberts Capito Heller NAYS—43 support discrimination based on reli- Rounds Cassidy Hoeven Rubio Baldwin Gillibrand Peters gion. We welcome appropriately vetted Cochran Inhofe Sasse Bennet Harris Reed Collins Isakson refugees from wars and violence, and Scott Blumenthal Hassan Sanders Corker Johnson we respect our Muslim allies, including Sessions Booker Heinrich Schatz Cornyn Kennedy our friends in Iraq who have sacrificed Shelby Brown Hirono Schumer Cotton King Cantwell Kaine so much in the fight against ISIS. Crapo Lankford Sullivan Shaheen Thune Cardin Klobuchar Stabenow In recent days we have seen what Cruz Lee Carper Leahy Tillis Tester Daines Manchin Casey Markey happens when America betrays its Toomey Udall Enzi McCain Cortez Masto McCaskill ideals and its allies. The Senate has a Warner Van Hollen Ernst McConnell Donnelly Menendez Warren responsibility to reassert those ideals Fischer Moran Wicker Duckworth Merkley and to reassure our allies. I urge my Flake Murkowski Young Durbin Murphy Whitehouse Wyden colleagues to support legislation that NAYS—43 Feinstein Murray Franken Nelson Senator FEINSTEIN put forward to re- Baldwin Gillibrand Peters peal the President’s Executive order. Bennet Harris Reed NOT VOTING—2 Thank you very much. I yield the Blumenthal Hassan Sanders Coons Sessions floor. Booker Heinrich Schatz Brown Hirono The motion was agreed to. The PRESIDING OFFICER. The Sen- Schumer Cantwell Kaine Shaheen The PRESIDING OFFICER. The ma- ator from Indiana. Cardin Klobuchar Stabenow jority leader. Mr. DONNELLY. Mr. President, I rise Carper Leahy Tester Casey Markey today to speak about the nominee for Udall Cortez Masto McCaskill f Van Hollen Secretary of State. I will be brief and Donnelly Menendez Warren to the point. Duckworth Merkley Whitehouse MOTION TO PROCEED TO Mr. Rex Tillerson led his last organi- Durbin Murphy LEGISLATIVE SESSION zation in a lobbying campaign to un- Feinstein Murray Wyden dermine the national security interests Franken Nelson Mr. MCCONNELL. Mr. President, I of the United States in favor of Russia, NOT VOTING—1 move to proceed to legislative session. Iran, and corporate profit. Putting nar- Coons The PRESIDING OFFICER. The row corporate interests ahead of Amer- question is on agreeing to the motion. The nomination was confirmed. ica’s national security interests is in- Mr. MCCONNELL. I ask for the yeas The PRESIDING OFFICER. The ma- excusable for a CEO and disqualifying and nays. jority leader is recognized. for a nominee to be our Nation’s chief The PRESIDING OFFICER. Is there a diplomat. Mr. MCCONNELL. Mr. President, I sufficient second? I will vote against Rex Tillerson’s move to reconsider the vote on con- There appears to be a sufficient sec- nomination for Secretary of State, and firmation. ond. I encourage my colleagues to do the The PRESIDING OFFICER. The The clerk will call the roll. same. question is on the motion to recon- The senior assistant legislative clerk Thank you, Mr. President. I yield sider. called the roll. back the remainder of my time. Mr. MCCONNELL. Mr. President, I Mr. CORNYN. The following Senators I suggest the absence of a quorum. move to table the motion to recon- are necessarily absent: the Senator The PRESIDING OFFICER. The sider, and I ask for the yeas and nays. from Alabama (Mr. SESSIONS) and the clerk will call the roll. The PRESIDING OFFICER. Is there a Senator from North Carolina (Mr. The senior assistant legislative clerk sufficient second? TILLIS). proceeded to call the roll. There appears to be a sufficient sec- Mr. DURBIN. I announce that the Mr. ISAKSON. Mr. President, I ask ond. Senator from Delaware (Mr. COONS) is unanimous consent that the order for The question is on agreeing to the necessarily absent. the quorum call be rescinded. motion to table the motion to recon- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without sider the vote on confirmation. any other Senators in the Chamber de- objection, it is so ordered. The clerk will call the roll. Mr. ISAKSON. Mr. President, I yield siring to vote? back the remainder of our time. The bill clerk called the roll. The result was announced—yeas 53, The PRESIDING OFFICER. Without Mr. CORNYN. The following Senator nays 44, as follows: objection, it is so ordered. is necessarily absent: the Senator from [Rollcall Vote No. 38 Ex.] All postcloture time has expired. Alabama (Mr. SESSIONS). YEAS—53 The question is, Will the Senate ad- Mr. DURBIN. I announce that the Alexander Flake Moran vise and consent to the Tillerson nomi- Senator from Delaware (Mr. COONS) is Barrasso Gardner Murkowski nation? necessarily absent. Blunt Graham Paul Mr. ISAKSON. Mr. President, I ask The PRESIDING OFFICER (Mr. Boozman Grassley Perdue Burr Hatch Portman for the yeas and nays. TOOMEY). Are there any other Senators Capito Heitkamp Risch The PRESIDING OFFICER. Is there a in the Chamber desiring to vote? Cassidy Heller Roberts sufficient second? The result was announced—yeas 55, Cochran Hoeven Rounds Collins Inhofe There appears to be a sufficient sec- Rubio nays 43, as follows: Corker Isakson Sasse ond. [Rollcall Vote No. 37 Ex.] Cornyn Johnson Scott The clerk will call the roll. Cotton Kennedy The senior assistant legislative clerk YEAS—55 Crapo King Shelby called the roll. Alexander Capito Cornyn Cruz Lankford Sullivan Thune Mr. DURBIN. I announce that the Barrasso Cassidy Cotton Daines Lee Blunt Cochran Crapo Enzi McCain Toomey Senator from Delaware (Mr. COONS) is Boozman Collins Cruz Ernst McConnell Wicker necessarily absent. Burr Corker Daines Fischer Menendez Young

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.016 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S554 CONGRESSIONAL RECORD — SENATE February 1, 2017 NAYS—44 Udall Warner Whitehouse The senior assistant legislative clerk Van Hollen Warren Wyden Baldwin Gillibrand Peters read the nomination of Elisabeth Bennet Harris Reed NOT VOTING—2 Prince DeVos, of Michigan, to be Sec- Blumenthal Hassan Sanders Coons Sessions Booker Heinrich retary of Education. Schatz The PRESIDING OFFICER. The ma- Brown Hirono Schumer The PRESIDING OFFICER. The Cantwell Kaine Shaheen jority leader. Cardin Klobuchar Journal stands approved to date. Stabenow The majority leader. CLOTURE MOTION Carper Leahy Tester Casey Manchin Mr. MCCONNELL. Mr. President, I Udall f Cortez Masto Markey send a cloture motion to the desk. Van Hollen Donnelly McCaskill Warner MOTION TO PROCEED TO The PRESIDING OFFICER. The clo- Duckworth Merkley ture motion having been presented Durbin Murphy Warren EXECUTIVE SESSION Whitehouse under rule XXII, the Chair directs the Feinstein Murray Mr. MCCONNELL. Mr. President, I Wyden Franken Nelson move that the Senate proceed to execu- clerk to read the motion. The senior assistant legislative clerk NOT VOTING—3 tive session to consider Calendar No. read as follows: Coons Sessions Tillis 11, Elisabeth DeVos to be Secretary of CLOTURE MOTION The motion was agreed to. Education. The PRESIDING OFFICER. The We, the undersigned Senators, in accord- f question is on agreeing to the motion. ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby LEGISLATIVE SESSION Mr. MCCONNELL. I ask for the yeas move to bring to a close debate on the nomi- and nays. The PRESIDING OFFICER. The ma- nation of Elisabeth Prince DeVos, of Michi- The PRESIDING OFFICER. Is there a gan, to be Secretary of Education. jority leader. sufficient second? Mitch McConnell, David Perdue, Johnny f There appears to be a sufficient sec- Isakson, Tom Cotton, Mike Crapo, ond. James E. Risch, Pat Roberts, Roy THE JOURNAL The clerk will call the roll. Blunt, John Boozman, Lamar Alex- ander, John Barrasso, Orrin G. Hatch, Mr. MCCONNELL. Mr. President, I The senior assistant legislative clerk Jeff Flake, John Cornyn, Shelley move that the reading of the Journal called the roll. Moore Capito, John Thune, Richard be waived. Mr. DURBIN. I announce that the Burr. The PRESIDING OFFICER. The Senator from Delaware (Mr. COONS) is The PRESIDING OFFICER. The Sen- question is, Shall the Journal stand ap- necessarily absent. ator from Missouri. proved to date? The PRESIDING OFFICER (Mr. NOMINATION OF NEIL GORSUCH Mr. MCCONNELL. I ask for the yeas GARDNER). Are there any other Sen- Mr. BLUNT. Mr. President, I am and nays. ators in the Chamber desiring to vote? proud to have a chance to speak in sup- The PRESIDING OFFICER. Is there a The result was announced—yeas 52, port of your fellow Coloradan, Neil sufficient second? nays 47, as follows: Gorsuch, President Trump’s nominee There is a sufficient second. [Rollcall Vote No. 40 Leg.] to be an Associate Justice of the Su- The clerk will call the roll. YEAS—52 preme Court. The bill clerk called the roll. Alexander Flake Perdue Clearly, we all understand this is an Mr. CORNYN. The following Senator Barrasso Gardner Portman important decision and an important is necessarily absent: the Senator from Blunt Graham Risch institution. The Supreme Court is the Alabama (Mr. SESSIONS). Boozman Grassley Roberts only Court specified in the Constitu- Mr. DURBIN. I announce that the Burr Hatch Rounds Capito Heller Rubio tion and often the final arbiter of how Senator from Delaware (Mr. COONS) is Cassidy Hoeven Sasse the Constitution and the law is to be necessarily absent. Cochran Inhofe Scott Collins Isakson applied. In the history of the Court, in The PRESIDING OFFICER (Mr. Sessions Corker Johnson Shelby the history of the country, only 112 in- JOHNSON). Are there any other Sen- Cornyn Kennedy Sullivan dividuals have had the honor to serve ators in the Chamber desiring to vote? Cotton Lankford Thune on the Supreme Court. As we debate The result was announced—yeas 54, Crapo Lee Tillis the qualifications and qualities of the nays 44, as follows: Cruz McCain Daines McConnell Toomey person who has been nominated, and I [Rollcall Vote No. 39 Leg.] Enzi Moran Wicker Young hope to see confirmed as the 113th per- YEAS—54 Ernst Murkowski Fischer Paul son to serve as an Associate Justice or Alexander Fischer Moran a Justice on the Court, it is really vital NAYS—47 Barrasso Flake Murkowski we understand that we have a nominee Blunt Gardner Paul Baldwin Harris Nelson who has a deep understanding and ap- Boozman Graham Perdue Bennet Hassan Peters Burr Grassley Portman Blumenthal Heinrich Reed preciation of the role of the Court and Capito Hatch Risch Booker Heitkamp Sanders the role the Court plays in our democ- Cassidy Heitkamp Roberts Brown Hirono Schatz Cochran Heller Rounds racy. Cantwell Kaine Schumer Collins Hoeven Rubio Cardin King Judge Gorsuch embodies these prin- Corker Inhofe Sasse Shaheen ciples through a lifetime of service, Carper Klobuchar Stabenow Cornyn Isakson Scott Casey Leahy Tester and he has really prepared himself in Cotton Johnson Shelby Cortez Masto Manchin Udall many unique ways for this moment. He Crapo Kennedy Sullivan Donnelly Markey Van Hollen Cruz King Thune Duckworth McCaskill graduated from Columbia University, Daines Lankford Tillis Durbin Menendez Warner where he was elected to Phi Beta Durbin Lee Toomey Feinstein Merkley Warren Kappa and earned his law degree from Enzi McCain Wicker Franken Murphy Whitehouse Ernst McConnell Young Gillibrand Murray Wyden Harvard Law School. After law school, Judge Gorsuch served as a Supreme NAYS—44 NOT VOTING—1 Court clerk to two different Justices, Baldwin Franken Merkley Coons Justice Byron White and Justice An- Bennet Gillibrand Murphy Blumenthal Harris Murray The motion was agreed to. thony Kennedy. It has been pointed out Booker Hassan Nelson f that if Judge Gorsuch is confirmed to Brown Heinrich Peters serve on the Court, he will be the first Cantwell Hirono Reed EXECUTIVE SESSION person ever to serve with someone for Cardin Kaine Sanders Carper Klobuchar Schatz whom he clerked, and hopefully he and Casey Leahy Schumer Justice Kennedy will have an oppor- Cortez Masto Manchin EXECUTIVE CALENDAR Shaheen tunity to serve together. Donnelly Markey Stabenow Duckworth McCaskill The PRESIDING OFFICER. The After clerking on the Court, he went Feinstein Menendez Tester clerk will report the nomination. on to a successful career in private law

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.006 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S555 practice, spending 10 years litigating a doubtedly gasp at a suggestion that Gorsuch that a good judge doesn’t rule based on broad range of complex trials and ap- would be a good addition to a court that has what a judge likes to have happen but peals. been shorthanded for more than a year. what the law and the Constitution in- In 2004, just in case his Harvard law Gorsuch is most widely known for ruling in the Hobby Lobby contraception case before sists does happen. degree wasn’t enough, as a Marshall it reached the Supreme Court in 2014. His Going back and continuing just one scholar, he received a doctorate in phi- controversial decision was upheld in a 5–4 more paragraph from that Denver Post losophy from Oxford University. vote. Gorsuch wrote in the case that those editorial: At every point in his preparation, it with ‘‘sincerely held religious beliefs’’ should A Justice who does his best to interpret has been understood he was at the top not be forced to participate in something the Constitution or statute and apply the of that preparatory activity. He has ‘‘their religion teaches them to be gravely law of the land without prejudice could go served his country in the Justice De- wrong.’’ far to restore the faith in the highest court partment, working as the Principal We disagreed with that ruling, saying the of the land. That faith has wavered under the Deputy Associate Attorney General. In Supreme Court wrongly applied constitu- manufactured and false rhetoric from critics tional protections of religious freedom to a 2006, 10 years ago, President George W. that the high court has become a corrupt corporation that remained owned by a small body stacked with liberals. And while Demo- Bush nominated him to serve on the group of like-minded individuals. crats will surely be tempted to criticize the Tenth Circuit Court of Appeals. At the We argued that even closely held corpora- nomination of anyone Trump appoints, time of his nomination, the American tions—primarily functioning as money-mak- they’d be wise to take the high road and look Bar Association gave him a unanimous ing entities and not religious institutions— at qualifications and legal consistency rath- ‘‘well qualified’’ rating, the highest shouldn’t be able to opt out of the Affordable er than political leanings. rating. The Senate then confirmed his Care Act mandate that insurance cover con- traception by citing First Amendment pro- That is in the middle of that edi- nomination unanimously by a voice tections intended for individuals and church- torial that is now in the RECORD. vote. es. The Supreme Court is one of the Today I believe the Senate has 11 But in considering Gorsuch’s body of work most important legacies this President Democrats serving with us who were and reputation—and yes, we like his ties to is likely to leave. I think he made a part of that unanimous process. In his Colorado as well—we hope Trump gives him very well-considered and right choice decade on the Tenth U.S. Circuit Court the nod. in selecting Judge Gorsuch to begin We are not afraid of a judge who strictly of Appeals bench, Judge Gorsuch has shaping the long-term view of the demonstrated a steadfast commitment interprets the Constitution based solely on the language and intent of our nation’s Court. I look forward to hearing more to upholding the rule of law and inter- founders, as long as he is willing to be con- from the judge as this confirmation preting the Constitution as its authors sistent even when those rulings conflict with process moves forward and to seeing intended. his own beliefs. him confirmed as an Associate Justice I am confident he will continue to ad- As Denver Attorney Jason Dunn, who con- of the Supreme Court. here to the Constitution, apply the rule siders himself a longtime fan of Gorsuch, ex- I yield the floor. of law, and not legislate from the plains, his views stem ‘‘from a belief in a sep- The PRESIDING OFFICER. The Sen- aration of powers and in a judicial modesty bench. I think he understands, as Jus- ator from Vermont. tice Scalia did, that the job of a Jus- that it is not in the role of the courts to make law. Justice Scalia would put it: If you Mr. LEAHY. Mr. President, we began tice of the Supreme Court is not to de- like every one of your rulings, you’re prob- public hearings on the Supreme Court cide what the law should be or what ably doing it wrong.’’ nominees in 1916. Since we began those, the Constitution, in their opinion, A justice who does his best to interpret the the Senate has never denied a hearing should say but decide what the law is Constitution or statute and apply the law of or a vote to a pending Supreme Court and what the Constitution does say. the land without prejudice could go fair to nominee—never, since 1916 until last His keen intellect and devotion to restore faith in the highest court of the land. year. law are very well understood and ap- That faith has wavered under the manufac- Last year Senate Republicans waged preciated throughout the legal profes- tured and false rhetoric from critics that the high court has become a corrupt body an unprecedented blockade against the sion. He has the integrity, the profes- stacked with liberals. And while Democrats nomination of Chief Judge Merrick sional qualifications, and the judicial will surely be tempted to criticize the nomi- Garland, a fine judge with impeccable temperament to serve on the Nation’s nation of anyone Trump appoints, they’d be credentials and with strong support highest Court. wise to take the high road and look at quali- from both Republicans and Democrats, Mr. President, I ask unanimous con- fications and legal consistency rather than a man who should be on the Supreme sent to have printed in the RECORD an political leanings. Court today. This is the first time editorial from earlier this week. Gorsuch, at 49, will have years to whittle away at that damaging lack of trust. A July since 1916 that had ever been done. In- There being no objection, the mate- stead, bowing to the extreme right of rial was ordered to be printed in the 2016 Gallup Poll found that 52 percent of Americans disapproved of the way the Su- their party, Republicans who knew him RECORD, as follows: preme Court handled its job. The finding is and who even had said publicly before [From the Denver Post, Jan. 26, 2017] striking, considering the same poll in 2000 how much they respected him and how TRUMP WOULD DO WELL TO CONSIDER NEIL found only 29 percent of Americans dis- he should be on the Supreme Court re- GORSUCH FOR SUPREME COURT approved. fused even to meet with him, let alone We could do far worse than a thoughtful (By the Editorial Board) accord him the respect of a confirma- Then-U.S. Sen. Ken Salazar, right, intro- graduate from Columbia, Harvard and Oxford universities, who clerked for two Supreme tion hearing—even though the Con- duces Neil Gorsuch at his nomination hear- stitution says that we shall advise and ing to the U.S. Court of Appeals for the 10th Court justices and calls Denver home. Circuit on June 21, 2006. Gorsuch is being Mr. BLUNT. I wish to share a little of consent and even though each one of us considered as a possibly replacement for the that editorial where the Denver Post has raised our hand in a solemn oath late U.S. Supreme Court justice Antonin says: saying we will uphold the Constitution. Scalia. We are not afraid of a judge who strictly So this is exactly what happened. President Donald Trump is on the verge of interprets the Constitution based solely on The Republicans held hostage a va- making his most enduring appointment to the language and intent of our nation’s cancy on the Supreme Court for a year date and we are encouraged by one of the founders, as long as he is willing to be con- so that their candidate for President names on his list to replace former Supreme sistent even when those rulings conflict with Court Justice Antonin Scalia. could choose a nominee. The blockade his own beliefs. Neil Gorsuch is a federal judge in Denver of the Merrick Garland nomination was As Denver Attorney Jason Dunn, who con- with Western roots and a reputation for shameful, but I think it is also corro- siders himself a longtime fan of Gorsuch, ex- being a brilliant legal mind and talented plains, his views stem ‘‘from a belief in a sep- sive for our system of government. writer. Those who have followed Gorsuch’s aration of powers and in a judicial modesty Candidate Donald Trump, who verbally career say that from his bench in the U.S. that it is not in the role of the courts to attacked a sitting Federal judge in 10th Circuit Court of Appeals he has applied make law. Justice Scalia would put it: If you what Speaker RYAN called ‘‘a textbook the law fairly and consistently, even issuing like every one of your rulings, you’re prob- example of a racist comment,’’ encour- provocative challenges to the Supreme Court ably doing it wrong.’’ to consider his rulings. aged Senate Republicans to ‘‘delay, Liberals who dreamed of a less-conserv- That is similar to what you and I delay, delay.’’ Candidate Trump then ative Merrick Garland on the court will un- heard Judge Gorsuch say last night; went further. He said he would

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.024 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S556 CONGRESSIONAL RECORD — SENATE February 1, 2017 outsource the vetting of potential cial Security and Medicare and Med- The PRESIDING OFFICER. The Sen- nominees to far-right organizations, icaid, key statutes, including the Civil ator from Virginia. many of them lobbying organizations, Rights Act, the Voting Rights Act, and TRAVEL BAN that want to stack the judiciary with the Clean Air Act, could well be at Mr. KAINE. Mr. President, I rise to ideological conservatives who are out- risk. speak on a special day. Today is my side the mainstream. He promised a So after nearly a year of obstruc- wife’s birthday. Today is National nominee who would overturn 40 years tion—unconstitutional, unprecedented Freedom Day, when we recognize Presi- of jurisprudence established in Roe v. obstruction—I really don’t want to dent Lincoln’s signing the 13th Amend- Wade. With the selection of Judge hear Republicans say we now must ment banning slavery. This is the rea- Gorsuch, it appears as though he is try- rush to confirm Judge Gorsuch. I know son we celebrate Black History Month ing to make good on that promise. the President thinks they should, but I in February. When we confirmed Judge Gorsuch also wonder how seriously even he Today, February 1, begins American for the Tenth Circuit Court of Ap- takes this. His announcement yester- Heart Month, acknowledging the great peals—and I was a Member of the Sen- day was like he was announcing the heart of the American people, as well ate at the time—I knew he was con- winner of a game show: I brought in as the need for health care. servative, but I did not do anything to these two people, and now here is the But today, February 1, is also the block him because I hoped he would winner. We are talking about the U.S. first day of World Interfaith Harmony not impose his personal beliefs from Supreme Court; treat it with the re- Week. In 2010, King Abdallah II of Jor- the bench. In fact, at his confirmation spect it deserves. dan spoke before the U.N. General As- hearing in 2006, Judge Gorsuch stated For all of the Republican talk of sembly, and he asked the U.N. to de- that ‘‘precedent is to be respected and Democrats setting the standard with clare a week every year to promote un- honored.’’ He said it is ‘‘unacceptable’’ the confirmations of Justice derstanding and tolerance between the for a judge to try to impose ‘‘his own Sotomayor and Kagan, they ignored world’s religions. In his speech before personal views, his politics, [or] his the standard they set in the shameful the U.N., this is what King Abdallah personal preferences.’’ Yet, just last treatment of Chief Judge Garland. In said: year, he tried to do that. He called for fact, I remember when—and I was It is also essential to resist forces of divi- important precedent to be overturned chairman at the time—when we set the sion that spread misunderstanding and mis- because it did not align with his per- schedule for the hearings and the vote trust, especially among peoples of different sonal philosophy. on Justice Sonia Sotomayor, and I re- religions. The fact is, humanity everywhere From my initial review of his record, member the Republican leader rushing is bound together, not only by mutual inter- ests, but by shared commandments to love that I have just begun, I question to the floor and saying: Oh, this is ter- God and neighbor, to love the good and whether Judge Gorsuch meets the high rible. You are rushing it. You are mov- neighbor. What we are proposing is a special standard set by Merrick Garland, ing it so fast. week, during which the world’s people, in whose decisions everybody would agree I pointed out that we were setting their own places of worship, could express were squarely within the mainstream. the schedule to the day—to the day— the teachings of their own faith about toler- And with the ideological litmus test the same as we set for Chief Justice ance, respect for others and peace. that President Trump has applied in John Roberts. So I asked the obvious The resolution was adopted unani- making this selection, the American question: Are you telling me the sched- mously at the U.N. General Assembly, people are justified to wonder whether ule was OK for him but not OK for her? and all nations, religions, and peoples Judge Gorsuch can truly be an inde- We followed the schedule. were asked to observe it. pendent Justice. So I intend to ask him We need time to look at all of these By happy coincidence, as the Pre- about these and other important issues nominees. siding Officer knows, King Abdallah is in the coming months. I would note, as one who has tried in Washington right now. He visited Republicans rolled the dice last year. cases in Federal courts, as a lawyer, with Senators here at the Capitol yes- They subjected the Supreme Court and and as one who has chaired the Judici- terday and today. Earlier today I met the American people to a purely polit- ary Committee, I would say the courts with him, and I told him I would speak ical gamble. They ignored the Con- are a vital check on any administra- in his honor in the hopes that his words stitution and did something that had tion, especially one that, like this one, might inspire us at a challenging time. never been done before in this country. has found itself on the losing side of an The word of last Friday’s Executive I know President Trump likes to argument in Federal court in only its orders regarding immigration and refu- boast that he won the election in a first week—they lost on something gees—orders which implemented the massive landslide. Well, of course he that a first-year law student could President’s campaign rhetoric to im- didn’t. Secretary Clinton received have told them they were going to lose. plement a Muslim ban—shocked the more than 2.8 million more votes from But with great political fanfare, the country this weekend. I traveled to Ro- the American people than President President issued an order. Fortunately, anoke and Blacksburg, VA—commu- Trump. But more importantly, due to the order was seen for what it was: No nities in the southwestern portion of Senate Republicans’ political gambit, Muslims need show up in our country. my Commonwealth. I was there to the U.S. Supreme Court clearly lost in Judge Gorsuch, to be confirmed, has meet with local health care providers this election. This is really no way to to show that he is willing to uphold the and students pursuing health care ca- treat a coequal branch of government, Constitution even against President reers. I had planned the trip to go talk and it is certainly not the way to pro- Trump, even against the lobbying about the Affordable Care Act, but at tect the independence of our Federal groups the President had vetting him. my first event, two families came to judiciary—something that is the bed- His record includes a decade on the me with a concern. Working together rock of our Constitution. Federal bench. The Judiciary Com- with Roanoke Catholic charities, they The President’s electoral college vic- mittee must now carefully review his had helped settle a Syrian refugee fam- tory—which was far narrower than ei- decisions. We have to conduct a thor- ily in Blacksburg 1 year ago. The Syr- ther of President Obama’s victories—is ough and unsparing examination of his ian family was a mom and dad and four hardly a mandate for any Supreme nomination. That is what I will do, just kids. These sponsors told me how well Court nominee who would turn back as I have done for every nominee—ev- the family was doing and how wel- the clock on the rights of women, erybody currently on the Supreme coming this community was in bring- LGBT Americans, or minorities; or a Court and many before them. Whether ing this family to Virginia and taking nominee who would use theories last nominated by a Republican or a Demo- them in. seen in the 1930s to undermine all we crat, I did a thorough and unsparing The employer of the Syrian father have accomplished in the last 80 years. examination of their nomination. The runs a construction company, and he If he follows these right-wing lobbying Senate deserves nothing less. More im- hired him to do construction work. He groups who helped vet him for the portantly, the American people deserve told me, kind of chuckling about it: President, if he follows what they nothing less. Senator, not all my workers agree with want, then critical programs, like So- I yield the floor. me on politics, but no one better say a

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.026 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S557 bad word about their Syrian coworker peace, there is wisdom in that Book for er they be Democrat or Republican, around them. our Nation. would have the opportunity to fill the He went on to describe how the em- Exodus 22:21: ‘‘You shall not wrong or vacancy on the Supreme Court, fol- ployees at his construction firm had oppress an alien, for you were aliens in lowing the Biden rule—the edict that done a number of things, including col- the land of Egypt.’’ there wouldn’t be a confirmation hear- lecting funds to help the children have Leviticus 19:34: ‘‘The alien who re- ing for a Supreme Court nominee until soccer shoes there, in Southwest Vir- sides with you shall be to you as a cit- after that year’s Presidential elec- ginia. But they didn’t tell me this izen among you; you shall love the tion—to allow the American people to story because it is a happy story about alien as yourself for you were aliens in make their decision, giving the Amer- resettlement of a family, although that the land of Egypt. ican people a say in the direction of is a point of the story. Deuteronomy 1:16: ‘‘Give the mem- this country for years to come. In re- Here is why they came to see me. The bers of your community a fair hearing turn, they have given us this nominee. community was poised to welcome a and judge rightly between one person It is with great pride that I rise second family from Syria—a mother, and another whether citizen or resident today to talk about the nominee father, and five minor children—to alien.’’ today—a fellow Coloradan, Judge Neil meet them at the Roanoke airport to- Deuteronomy 10:18–19: ‘‘For the Lord Gorsuch, President Trump’s nominee morrow and help them find a home in your God loves the strangers, providing to the Supreme Court. Judge Gorsuch the United States. This refugee family them with food and clothing. You shall comes to the Court with that unique they were supposed to meet tomorrow also love the stranger for you were western perspective that the Presiding fled Syria 4 years ago. They had been strangers in the land of Egypt.’’ Officer and I share. Our States of Utah Deuteronomy 24:17: ‘‘You shall not living in a refugee camp in Jordan, un- and Colorado obviously like to see that deprive a resident alien or an orphan of dergoing 4 years of vetting in the hopes western perspective shared at the justice.’’ they could come to America. Now, Tenth Circuit Court, where it is housed Deuteronomy 26:5: ‘‘A wandering in the West, but at every level of our their sponsors pressed papers into my Aramaean was my ancestor, he went hand and said: What will happen to this courts and to the Supreme Court—add- down into Egypt and lived there as an ing to Justice Kennedy’s background family? Are they now shut out of the alien.’’ dream they have worked so hard to and to others who share that same per- Matthew 2:13–23: Jesus began his life spective and history in the Supreme achieve? Are we now shut out from our as a refugee in Egypt. Court. desire to offer them the Christian hos- Matthew 25:34: ‘‘I was hungry and Born in Denver, Judge Gorsuch is a pitality of our community? you fed me. I was thirsty and you gave fourth-generation Coloradan, coming We have been working to get answers me drink. I was a stranger and you in- from a long line of individuals who to these questions, but as of today, we vited me into your home.’’ have dedicated their life to service not know nothing about this family’s fate. The traditions of this nation, other only to the State of Colorado but to There are so many questions I strug- nations, religions, and peoples point us the Nation. His mother, Ann Gorsuch, gle to answer in the aftermath of these in the same direction. Pope Francis re- served in the Colorado House of Rep- orders. The orders single out people minded us of these very words when he resentatives and, during the Reagan based on their Muslim faith by tar- spoke to us in the fall of 2015 and told administration, she was the first fe- geting primarily Muslim nations and us—as individual leaders and as a na- male Administrator of the Environ- allowing exceptions to be made for tion—that the yardstick we use to mental Protection Agency. His grand- Christians and other religious minori- measure and evaluate others is the father, John Gorsuch, founded one of ties. Why? yardstick that will be applied to us. Denver’s largest law firms, Gorsuch The orders single out seven coun- On this opening day of World Inter- Kirgis, where both he and Neil’s father, tries—countries where citizens have faith Harmony Week, I pray that we Dave, practiced throughout the firm’s been exposed to genocide and other commit to peaceful understanding and successful 60-year-old history. His step- crimes against humanity—while leav- appreciation of people from diverse father, Robert Buford, was a former ing countries that have actually ex- faith backgrounds. I pray that the un- speaker of the Colorado House of Rep- ported terrorists to the United States just immigration orders that target resentatives who went on to become untouched. Why? suffering people based on where they the head of the Bureau of Land Man- The order was applied to legal perma- were born or how they worship will be agement. nent residents of the United States rescinded. I pray that Congress and the Judge Gorsuch is also one of our until clarified and also to brave people administration will work together to country’s brightest legal minds, with a who had helped American soldiers on set up appropriate security procedures sterling reputation, and significant ex- the battlefield, thereby earning a spe- that do not discriminate on the perience as a Federal judge and a pri- cial immigrant visa status. Why? grounds of religion or national origin, vate litigator. He has impeccable aca- We can have security procedures that and I pray that we will be true to our demic credentials and is a widely re- are based on the danger of an indi- best principles and not sacrifice them spected legal scholar. He received his vidual rather than a stereotype about for the sake of politics. bachelor’s degree from Columbia Uni- where they were born or how they wor- I yield the floor. versity, graduated from Harvard Law ship. The PRESIDING OFFICER (Mr. LEE). School, and was a Marshall scholar at I am called to reflect on these events The Senator from Colorado. Oxford University, where he obtained a by King Abdallah’s words suggesting NOMINATION OF NEIL GORSUCH doctorate in legal philosophy. that the world should recognize this Mr. GARDNER. Mr. President, as I Of course, I cannot forget the sum- week as World Interfaith Harmony stated repeatedly before the Presi- mer he spent at the University of Colo- Week. He told us today that the order dential election of this past year, we rado as well. Judge Gorsuch clerked for is being viewed with deep anxiety in stood, and continue to stand, at a very two Supreme Court justices—Byron his country, which is one of our strong- pivotal time in our Nation’s history. White, a Colorado native as well. In est allies in the Arab world—indeed, in After 8 years of using the judicial and fact, in his comments last night after the entire world. I am called to reflect regulatory systems to push through its the announcement of his nomination, on these events by my own citizens in legislative agenda, the balance of Judge Gorsuch mentioned that he Roanoke and Blacksburg, working with power had shifted from what our worked for the only Coloradan to serve a church group, who just want to serve Founders intended. Our Founders in- on the Supreme Court and also the others in a way commanded by their tended the Congress to make the laws only leading rusher in the NFL to ever faith and by all faiths. and write the laws, the executive serve on the Supreme Court. At the Presiding Officer’s desk, there branch to implement the laws, and the He also clerked for Justice Anthony is a book of the rules of the Senate and judiciary to be guardians of the Con- Kennedy, as well as for Judge David there is also a Bible. In a week where stitution, not to make the laws. Sentelle on the U.S. Court of Appeals all are called to reflect upon their own That is why we said that the next for the DC Circuit. Following his clerk- religious traditions of tolerance and President of the United States, wheth- ships, Judge Gorsuch went into private

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.028 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S558 CONGRESSIONAL RECORD — SENATE February 1, 2017 practice, eventually rising to the rank preferences. He said: ‘‘Personal politics Court. Over the coming days and of partner in the elite litigation law or policy preferences have no useful months, we are going to have many op- firm of Kellogg Huber, leaving practice role in judging; regular and healthy portunities to talk about the qualities in 2005 to serve as a high-ranking offi- doses of self-skepticism and humility of Judge Gorsuch, but we have already cial in the Bush administration Justice about one’s own abilities and conclu- heard many people complain that per- Department. A year later, President sions always do.’’ haps they didn’t pay enough attention George W. Bush nominated Gorsuch to Judge Gorsuch understands the ad- to Judge Gorsuch 10 years ago. They serve on the Tenth Circuit Court of Ap- vantage of democratic institutions and talked about their concern, this new- peals, a position for which he was con- the special authority and legitimacy found concern that was not available— firmed by a unanimous vote. I think it that come from the consent of the gov- that apparently wasn’t there 10 years is very telling that not only was he ernment. He said: ‘‘Judges must allow ago when this Senate unanimously sup- confirmed by a unanimous vote, but the elected branches of government to ported Judge Gorsuch. roughly 11 or 12 members of the Demo- flourish and citizens, through their I have even heard complaints that cratic conference were there to vote for elected representatives, to make laws they didn’t like the way that his nomi- Judge Gorsuch. There are people serv- appropriate to the facts and cir- nation was announced—a complaint ing today who voted for Judge cumstances of the day.’’ about how the President announced the Gorsuch. I believe SCOTUSblog re- Judge Gorsuch appreciates the rule nomination. Those are the kinds of cently reported that when Judge of law and respects the considered concerns we are hearing about Judge Gorsuch was nominated to the Tenth judgment of those who came before Gorsuch today because they didn’t like Circuit Court, then, Neil Gorsuch’s him. He said: the way he was announced. confirmation hearing was sparsely at- Precedent is to be respected and honored. We are going to have a lot of oppor- tended. I believe it mentioned that It is not something to be diminished or de- tunity to talk about his temperament, only a few people attended. I think meaned. those things he believes are important as a judge, those things he believes are Senator LINDSEY GRAHAM, our col- This morning, I had the opportunity league from South Carolina, was one of to meet with Judge Gorsuch—of important to make decisions. I look the Senators to attend his confirma- course, knowing him from Colorado forward to having a conversation about what I believe is a brilliant legal tion hearing. I believe Senator LEAHY, and the town of Boulder, where he lives mind—someone of a brilliant legal our colleague from Vermont, submitted today, and also where I received my mind, someone with a sterling reputa- questions for the record. But as law degree. We spent a lot of time talk- tion, someone who has been known as a SCOTUSblog cited, very few people at- ing about our favorite passions in Colo- feeder judge of clerks to the highest tended his confirmation hearing be- rado, whether it is fly-fishing, whether Court in the land, someone who rules cause of the high caliber and high qual- it is paddle-boarding. Of course, he on the law and not on his personal be- ity of the nomination. He was intro- spends a lot of time out on the Boulder liefs, someone who believes in the Con- duced by my predecessor from Colo- Reservoir, enjoying recreation—just stitution and not in the role of legis- rado, Ken Salazar, and was praised like every other person in Boulder does and every other person in Colorado lator from the bench. from Senator Salazar’s perspective for I am grateful I had this opportunity does—as somebody who understands being impartial, fair, and the having to support a Coloradan, a man of the the great outdoors. We talked about the kind of temperament that we need West, to Nation’s highest Court, and I the rule of law. We talked about the in the circuit court. look forward to working to place Judge separation of powers, his concern over Judge Gorsuch is an ardent faithful Gorsuch as Associate Justice to the originalism and textualism, and fol- defender of the Constitution and has U.S. Supreme Court. the appropriate temperament, as then- lowing in the footsteps of other great Mr. President, I yield back my time. Senator Salazar noted, to serve on the Justices on the Supreme Court. The PRESIDING OFFICER. The Sen- Nation’s highest Court. Of course, he We talked about something he said ator from Massachusetts. was then talking about the Tenth Cir- last night when his name was put for- Ms. WARREN. Mr. President, we are cuit Court. Judge Gorsuch recognizes ward for nomination by President in the second week of the Trump Presi- that the judiciary isn’t the place for Trump. We talked about a statement dency, and it is pretty clear that some- social or constitutional experimen- he made to this effect: If a judge likes thing is happening in our country. All tation, and efforts to engage in such every opinion that they have written, across the Nation, Americans in quiet experimentation delegitimizes the every decision that they have reached, towns and boisterous cities are taking Court. He has said: they are probably a bad judge. I think to the streets to fight for American This overweening addiction to the court- this goes to his insistence that, as a values. They are protesting in the room as the place to debate social policy is judge, you must put your personal be- streets and calling their Representa- bad for the country and bad for the judici- liefs, your personal policies aside to tives. They are getting involved in ary. . . . As a society, we lose the benefit of rule as the rule of law requires and to local organizations, and they are orga- the give-and-take of the political process and rule as the Constitution and the stat- nizing around the causes they support. the flexibility of social experimentation that utes require. We know that American values are only the elected branches can provide. We discussed in our meeting deci- threatened when the President issues Here we see his understanding that sions he made of which he didn’t like an order banning immigrants from the certain debates are to take place where the outcome but believed that the rule country based on their religion. We debate is held by those elected directly of law required a certain outcome— know that American values are threat- by the people—in the Congress. whether it was a felon who possessed a ened when politicians try to break Judge Gorsuch believes in the separa- handgun or whether the Federal Gov- apart a health care system that has ex- tion of powers as established by our ernment had misspoken to the accused tended medical benefits to millions of Founding Fathers in the Constitution. and he believed that the government Americans, and we know that Amer- As he rightly stated, ‘‘a firm and inde- had done the accused wrong. ican values are threatened when a pendent judiciary is critical to a well- While Judge Gorsuch personally be- President tries to stack his govern- functioning democracy,’’ under- lieved that perhaps he would have liked ment with billionaires and insiders who standing the value of three branches of to have found a guilty decision or have a history of grinding working peo- government, the value of an inde- agreed with a guilty decision, he ple into the dirt. pendent judiciary, understanding that couldn’t do it because of the standards Yesterday something happened that there are certain things dedicated ex- that were applied in the case—the is a threat to our American values. clusively to the judiciary, to the legis- grammatical gravity that had to be ig- President Trump nominated Judge Neil lative branch, and to the executive. nored in order to reach the conclusion Gorsuch to serve on the Supreme Judge Gorsuch is not an ideologue. the lower court had reached. Court. For years now, I have repeated He is a mainstream jurist who follows His ability to put personal opinions this warning: America’s promise of the law as written and doesn’t try to aside, I think, is what makes him an equal justice under the law is in dan- supplant it with his personal policy ideal candidate for the U.S. Supreme ger. Over the last three decades, as the

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.029 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S559 rich have grown richer and middle- shareholders to bring lawsuits when independent judiciary. We don’t need class families have struggled, the companies commit fraud, whining Justices who have been handpicked for scales of justice have also tilted, tilted about how annoying it is for billionaire their willingness to kowtow to those in favor of the wealthy and the power- corporations to have to face their in- with money, power, and influence. We ful. vestors when they cheat them. need Justices who will stand up to This is not an accident. It is part of As a judge for more than a decade, he those with money, power, and influ- a deliberate strategy to turn our courts has twisted himself into a pretzel to ence. into one more rigged game for folks at make sure that the rules favor giant Judge Gorsuch may occasionally the top, and its effects have been dev- companies over workers and individual write in vague terms about the impor- astating. Recent court decisions have Americans. Let me just count some of tance of the independent courts. protected giant businesses from ac- the ways. He has sided with employers Today, right now, that simply is not countability, made it harder for people who deny wages, employers who im- good enough. Now, more than ever, the who have been injured or cheated to properly fire workers, employers who United States needs a Supreme Court get a hearing, gutted longstanding laws retaliate against whistleblowers for that puts the law first every single protecting consumers who have been misconduct. He has sided with employ- time. That means Justices with a prov- swindled, and unleashed a flood of se- ers who denied retirement benefits to en record of standing up for the rights cret money into our politics that is their workers. He has sided with big in- of all Americans—civil rights, women’s rapidly tilting the entire government surance companies against disabled rights, LGBTQ rights, and all the pro- in favor of the wealthy. workers who were denied benefits. He tections guaranteed by our laws. Billionaires and corporate giants has ruled against workers in all kinds We cannot stand down when Amer- have launched a full-scale attack on of discrimination cases. He has even ar- ican values and constitutional prin- fair-minded, mainstream judges. It has gued that the rights of corporations ciples are attacked. We cannot stand happened at every level of our judici- outweigh the rights of the people work- down when the President of the United ary, but the best example was the un- ing for them, for example, allowing States hands our highest Court over to precedented blockade of Judge Merrick businesses to assert religious beliefs so the highest bidder, and that is why I Garland’s nomination to the Supreme they can limit their employees’ access will oppose Judge Gorsuch’s nomina- Court. Judge Garland was an obvious to health care. tion. consensus nominee and a straight Listen to that one again. He thinks Mr. President, I yield. shooter who followed the law. Why that a company can assert a religious I suggest the absence of a quorum. block him? The problem was that belief and decide whether female em- The PRESIDING OFFICER. The Judge Garland’s career didn’t reflect a ployees get access to birth control. clerk will call the roll. sufficient willingness to bend the law Let’s be clear. That means a lot of em- The legislative clerk proceeded to to suit the needs of the rich and power- ployees will be living at the whim of call the roll. ful. And for that sin, far-right groups, their employers. Mr. HATCH. Mr. President, I ask financed by Big Business interests, Judge Gorsuch has written unanimous consent that the order for spent millions of dollars attacking dismissively about lawsuits to vindi- the quorum call be rescinded. him, to torpedo his nomination and cate the rights of vulnerable people. The PRESIDING OFFICER. Without keep that seat open. Equal marriage? Assisted suicide? Keep objection, it is so ordered. They did something else that is even those issues out of his courtroom. Mr. HATCH. Mr. President, I rise more damaging: Far-right groups also He is willing to open the doors wide today in support of the nomination of drew up a list of ‘‘acceptable’’ Supreme when big corporations show up in his Judge Neil M. Gorsuch to serve as the Court nominees, people who dem- court to challenge health and safety next Associate Justice of the Supreme onstrated they were sympathetic to rules they don’t like or regulations to Court of the United States. Judge the rich and the powerful. Judge Neil prevent them from polluting our air Gorsuch has been nominated to fill the Gorsuch made the cut, and his nomina- and water, poisoning our food, under- seat left vacant by the late Justice tion is their reward. mining our public safety, or just plain Antonin Scalia. Judge Gorsuch is intelligent and ac- cheating people. When that happens, Justice Scalia was a dear friend of complished. He is polite, respectful, Judge Gorsuch is ready to go, to over- mine, and his death was a great loss to and articulate. Make no mistake, his ride the rules with his own views. On me and to our country, not just to me professional record, which I have re- that score, he is even more extreme personally but for the whole Nation. viewed in detail, clearly and consist- than Justice Scalia. Justice Scalia joined the Supreme ently favors the interests of big cor- This is exactly the type of Supreme Court after years of unbridled activism porations over workers, big corpora- Court Justice that giant corporations by the Court, during which time Jus- tions over consumers, and big corpora- want, but they have never been quite tices imposed their own left-wing tions over pretty much anybody else. so brazen about it. Spending millions views—completely unmoored from the Let’s not mince words. The nomina- to slime a consensus straight shooter law as written—on the American peo- tion of Judge Gorsuch is a huge gift to nominee like Merrick Garland and ple. the giant corporations and wealthy in- steal a Supreme Court seat, then draw- In response, he led a much needed dividuals who have stolen a Supreme ing up a public list of ‘‘acceptable’’ al- revolution based on the enduring prin- Court seat in order to make sure that ternatives and handing it over to a bil- ciple that the role of a judge is to say the justice system works for them. lionaire President so he can do his bud- what the law is, not what a judge wish- What I am saying shouldn’t be con- dies a favor. That is bold. That is bold, es it were. As the intellectual architect troversial. They haven’t made a secret and that is not how America is sup- of the effort to restore the judiciary to of what they were doing. This is ex- posed to work. its proper role under the Constitution, actly why Judge Gorsuch has been on Our courts are supposed to be neutral Justice Scalia was a singularly influen- their list for 4 months. He is the payoff arbiters, dispensing justice based on tial jurist. for their multimillion-dollar invest- the facts and the law, not people cho- To say that he leaves big shoes to fill ment. sen to advance the interests of those at is an understatement. Any worthy suc- Throughout his professional career, the top. cessor to his legacy will not only be Judge Gorsuch has shown a truly re- Let’s be clear. This fundamental committed to continuing his life’s markable insensitivity to the struggles principle might be more important work but also capable of delivering the of working Americans and an eagerness today than it has ever been in modern sort of intellectual firepower and lead- to side with businesses that break the history. Every day our new President ership that Justice Scalia provided for rules over workers who are seeking jus- finds more ways to demonstrate his decades. tice. hostility for an independent judiciary, Of all the potential candidates for Even before he became a judge, Judge for a civil society, and for the rule of this position, this vacancy, Neil Gorsuch famously argued in favor of law. That is precisely the reason that Gorsuch stands out as the jurist best limiting the ability of investors and our Constitution gives us a neutral, positioned to fill this role. His resume

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In Neil Gorsuch’s America, the White and Kennedy on the Supreme laws that bind us are made by the peo- Court, a distinguished career in private As Justice Scalia put it, ‘‘If you are ple’s elected representatives, not practice and at the Department of Jus- going to be a good and faithful judge, unelected, unaccountable judges. In tice, and more than a decade of service you have to resign yourself to the fact Neil Gorsuch’s America, the powers on the U.S. Court of Appeals for the that you’re not always going to like and limits of each branch of govern- Tenth Circuit. the conclusions you reach. If you like ment are decided by the Constitution, Even among his many talented col- them all the time, you are probably no matter whether their enforcement leagues on the Federal bench, his opin- doing something wrong.’’ produces a liberal or conservative out- ions consistently stand out for their This is exactly the kind of judicial come. In Neil Gorsuch’s America, the clarity, thoughtfulness, and airtight philosophy we need our judges to basic freedoms of the American people reasoning. In the words of one of his espouse, and Neil Gorsuch is exactly enumerated in the Bill of Rights are colleagues appointed by President Car- the man to embody it on the Supreme carefully protected, whether they are ter, Judge Gorsuch ‘‘writes opinions in Court. If there is one line in that lec- in fashion lately with the left, the a unique style that has more verve and ture to which I could draw attention, it right, both or neither. In Neil vitality than any other judge I study is the quotation of Justice Scalia’s for- Gorsuch’s America, the views that on a regular basis.’’ He continued: mulation of the very basic notion that matter are yours and mine, not those ‘‘Judge Gorsuch listens well and de- a good judge will oftentimes reach out- of a handful of lawyers in black robes cides justly. His dissents are instruc- comes that he does not personally in Washington. tive rather than vitriolic. In sum, I agree with as a matter of policy. Such For these reasons, I applaud the think he is an excellent judicial crafts- a notion should be uncontroversial. President for his absolutely stellar man.’’ Indeed, many of Justice Scalia’s choice. Judge Gorsuch will do us proud This view of Judge Gorsuch’s capa- brightest opinions came in cases in as our next Supreme Court Justice. I bilities is broadly shared across a wide which I suspect he would have voted will do everything in my power to en- swath of legal observers. Consider some differently as a legislator than as a sure his confirmation. I will have more other descriptions of his qualifications judge. Yet such a concept might seem to say on this in the future, but I yield from outlets that could hardly be con- wholly foreign to a casual observer of the floor at this time. sidered conservative. The New York media coverage of the Supreme Court, The PRESIDING OFFICER. The Sen- Times reported on his ‘‘credentials and in which cases are invariably viewed ator from Hawaii. erudition.’’ The Los Angeles Times through a political lens. Decisions and Ms. HIRONO. Mr. President, it hasn’t called him a ‘‘highly regarded . . . ju- Justices are regularly described as lib- even been 2 weeks, and President rist,’’ and ABC News described how ‘‘in eral or conservative, with little atten- Trump has already demonstrated that legal circles, he’s considered a gifted tion paid to rationale and method- he has little tolerance for independent writer.’’ ology, the matters properly at the core thinking and dissent. He has his own I think there can be no doubt that of a judge’s work. This phenomenon re- version of reality, which is why his ad- Judge Gorsuch has the credentials to flects a regrettable dynamic observed ministration resorts to alternative make him a capable and effective mem- by Justice Scalia himself. As the late facts. ber of the U.S. Supreme Court. Never- Justice observed, when judges sub- When the media accurately reported theless, I have long held that a nomi- stitute their personal policy pref- how small the crowd was at his inau- nee’s resume alone—no matter how erences for the fixed and discernible guration, he presented us with alter- sterling—should not be considered suf- meaning of the law, the selection of native facts. When the media pointed ficient evidence to merit confirmation judges—in particular, the selection of out he lost the popular vote by the to the Supreme Court. Rather, we Supreme Court Justices—becomes largest margin of any President, he should also consider a nominee’s judi- what he called a mini-plebiscite on the boldly proclaimed, without any evi- cial philosophy. In this analysis, Judge meaning of the Constitution and laws dence, that 3 to 5 million people voted Gorsuch has developed a record that of this country. Put another way, if illegally. Many consider this whopper should command ironclad confidence in judges are empowered to rewrite the as a cynical way to encourage more his understanding of the proper role of laws as they please, the judicial ap- States to pass voter suppression laws a judge under the Constitution. pointment process becomes a matter of justified by the bogus claim of wide- Judge Gorsuch’s opinions and selecting life-tenured legislators prac- spread voter fraud. writings show a clear fidelity to a tically immune from any account- Just 2 days ago, the President again judge’s proper role. While his body of ability whatsoever. showed the American people how intol- work is replete with examples of this If we value such a system of judicial erant he is of principled dissent when fidelity, I want to point to one example review, a system deeply at odds with he fired acting Attorney General Sally in particular, a lecture he delivered the Constitution’s concept of the judi- Yates after she refused to enforce or last year in the wake of Justice ciary, then one can easily see why judi- defend his totally unjustifiable, knee- Scalia’s death that is one of the most cial selection becomes a matter of pro- jerk, and probably unconstitutional thoughtful and persuasive cases for the ducing particular policy outcomes. Executive order on Muslim immigra- proper role of a judge that I have ever Thus, it is easy to see why many on the tion. read. In it, he affirmed his allegiance left who believe in such a system de- By firing Sally Yates, the President to the traditional account of the judi- mand litmus tests on hot-button policy demonstrated once again that he val- cial role championed by Justice Scalia, issues. To them, a judge is not fit to ues loyalty to himself above service to which he described as such: serve unless they rule in a way that the American people and adherence to The great project of Justice Scalia’s career produces a particular policy. Simply the Constitution. This is particularly was to remind us of the differences between put, this is a terrible way to approach disturbing as we begin to consider the judges and legislators. To remind us that judicial selection. It undermines the President’s nomination of Judge Neil legislators may appeal to their own moral Constitution and all of the crucial Gorsuch to sit on the Supreme Court. convictions and to claims about social util- principles that it enshrines from the I am only beginning to scrutinize ity to reshape the law as they think it rule of law to the notion that our gov- Judge Gorsuch’s record, but I am very should be in the future. But that judges ernment’s legitimacy depends on the concerned that he will be a should do none of these things in a demo- cratic society. That judges should instead consent of the government. rubberstamp for President Trump’s strive (if humanly and so imperfectly) to A good judge is not one that we can radical agenda. You don’t have to take apply the law as it is, focusing backward, not depend on to produce particular policy my word for it. You only have to listen forward, and looking to text, structure, and outcomes. A good judge is one we can to what the President has been saying

VerDate Sep 11 2014 03:34 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.032 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S561 over the past 2 years. In June 2015, tion that will reassert congressional [Rollcall Vote No. 41 Ex.] then-Candidate Trump told CNN’s Jake authority and make a real impact for YEAS—55 Tapper that he would apply a pro-life the American people. Alexander Flake Murkowski litmus test for his nominees to the Su- One of those resolutions will address Barrasso Gardner Paul preme Court. He did it again at a press a regulation that puts U.S. companies Blunt Graham Perdue Boozman Grassley conference last March, during the third at a competitive disadvantage to pri- Portman Burr Hatch Risch Presidential debate, and shortly after vate and foreign companies. Passing Capito Heitkamp Roberts his election. this resolution will allow the SEC to go Cassidy Heller Rounds This isn’t the only litmus test Presi- Cochran Hoeven Rubio back to the drawing board so that we Collins Inhofe Sasse dent Trump promised to apply. In Feb- can promote transparency, which is Corker Isakson Scott ruary 2016, President Trump com- Cornyn Johnson something we all want, but to do so Shelby Cotton Kennedy mitted to appointing a Justice who without giving giant foreign conglom- Sullivan would allow businesses and individuals Crapo Lankford erates a leg up over American workers. Cruz Lee Thune to deny women access to health care on We will take it up soon. Daines Manchin Tillis the basis of so-called religious freedom. The other resolution, which we will Donnelly McCain Toomey In February 2016, President Trump told take up first, will address an eleventh- Enzi McCaskill Wicker Joe Scarborough he would make up- Ernst McConnell Young hour parting salvo in the Obama ad- Fischer Moran holding the Heller decision on guns an- ministration’s war on coal families NAYS—42 other litmus test for his Supreme that could threaten one-third of Amer- Court nominee. Like tens of millions of ica’s coal-mining jobs. It is identical to Baldwin Harris Peters Americans, I am deeply concerned that Bennet Hassan Reed the legislation I introduced this week Blumenthal Heinrich Sanders President Trump applied each of these and is a continuation of my efforts to Booker Hirono Schatz tests before he nominated Judge push back against the former adminis- Brown Kaine Schumer Gorsuch to the Supreme Court. tration’s attack on coal communities. Cantwell King Shaheen In the weeks and months ahead, I Cardin Klobuchar Stabenow Appalachian coal miners, like those Carper Leahy Tester will carefully and extensively scruti- in my home State of Kentucky, need Casey Markey Udall nize Judge Gorsuch’s record. I will relief right now. That is why groups Cortez Masto Menendez Van Hollen Duckworth Merkley Warner question him on his judicial philosophy like the Kentucky Coal Association, and how he interprets the Constitu- Feinstein Murphy Warren the United Mine Workers Association, Franken Murray Whitehouse tion. I will insist he clarify his position and 14 State attorneys general, among Gillibrand Nelson Wyden on a woman’s constitutionally pro- others, have all joined together in a NOT VOTING—3 tected right to choose, on voting call to overturn this regulation. Coons Durbin Sessions rights, and the appropriate balance be- The Senate should approve this reso- The motion was agreed to. tween corporate interests and indi- lution without delay and send it to the vidual rights. I will do my job as a President’s desk. The sooner we do, the f United States Senator. The American sooner we can begin undoing the job- people deserve nothing less from each killing policies associated with the LEGISLATIVE SESSION of us. I yield the floor. stream buffer rule. This is not a par- The PRESIDING OFFICER. The ma- Mr. President, I suggest the absence tisan issue; this is about bringing relief jority leader. to those who need it and protecting of a quorum. f The PRESIDING OFFICER. The jobs across our country. I hope our clerk will call the roll. friends across the aisle will support our DISAPPROVING A RULE SUB- The legislative clerk proceeded to Nation’s coal miners and join me in ad- MITTED BY THE DEPARTMENT call the roll. vancing this resolution. OF THE INTERIOR—MOTION TO Mr. MCCONNELL. Mr. President, I After we address these regulations, PROCEED ask unanimous consent that the order both the House and the Senate will Mr. MCCONNELL. Mr. President, I for the quorum call be rescinded. continue working to advance several move to proceed to H.J. Res. 38. The PRESIDING OFFICER. Without other CRA resolutions that can bring The PRESIDING OFFICER. The objection, it is so ordered. the American people relief. clerk will report the motion. STREAM BUFFER RULE f The legislative clerk read as follows: Mr. MCCONNELL. Mr. President, for the last 8 years, the Obama administra- MOTION TO PROCEED TO Motion to proceed to H.J. Res. 38, a joint tion has pushed through a number of LEGISLATIVE SESSION resolution disapproving the rule submitted by the Department of the Interior known as Mr. MCCONNELL. Mr. President, I harmful regulations that circumvent the Stream Protection Rule. Congress, slow growth, shift power now move to proceed to legislative ses- away from State and local govern- sion. Mr. MCCONNELL. I ask for the yeas ments toward Washington, and kill a The PRESIDING OFFICER. The and nays. lot of jobs. Even on the way out the question is on agreeing to the motion. The PRESIDING OFFICER. Is there a door, the former administration’s regu- Mr. MCCONNELL. Mr. President, I sufficient second? latory onslaught continued as they ask for the yeas and nays. There appears to be a sufficient sec- pushed through more midnight regula- The PRESIDING OFFICER. Is there a ond. tions. These nearly 40 major regula- sufficient second? The question is on agreeing to the tions, which were pushed through by There appears to be a sufficient sec- motion. the Obama administration since elec- ond. The clerk will call the roll. tion day, would cost Americans a pro- The clerk will call the roll. The bill clerk called the roll. jected $157 billion, according to one re- The legislative clerk called the roll. Mr. SCHUMER. I announce that the port. Mr. CORNYN. The following Senator Senator from Delaware (Mr. COONS) Fortunately, with a new President, is necessarily absent: the Senator from and the Senator from Illinois (Mr. DUR- we now have the opportunity to give Alabama (Mr. SESSIONS). BIN) are necessarily absent. the American people relief and our Mr. SCHUMER. I announce that the The PRESIDING OFFICER. Are there economy a boost. One of the most im- Senator from Delaware (Mr. COONS) any other Senators in the Chamber de- portant tools we have is the Congres- and the Senator from Illinois (Mr. DUR- siring to vote? sional Review Act, which allows Con- BIN) are necessarily absent. The result was announced—yeas 56, gress to provide relief from heavy- The PRESIDING OFFICER (Mr. nays 42, as follows: handed regulations that hold our coun- TILLIS). Are there any other Senators [Rollcall Vote No. 42 Leg.] try back. in the Chamber desiring to vote? YEAS—56 The House just took an important The result was announced—yeas 55, Alexander Blunt Burr step by sending us two pieces of legisla- nays 42, as follows: Barrasso Boozman Capito

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.033 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S562 CONGRESSIONAL RECORD — SENATE February 1, 2017 Cassidy Hatch Perdue quiet throughout an argument. Then a good judge or a bad judge. He said: Cochran Heitkamp Portman there is a unique category of judge, a ‘‘A judge who likes every outcome he Collins Heller Risch Corker Hoeven Roberts judge who doesn’t necessarily speak reaches is very likely a bad judge, Cornyn Inhofe Rounds constantly but a judge who listens at- stretching for results he prefers rather Cotton Isakson Rubio tentively and then pounces at the mo- than those the law demands.’’ So a bad Crapo Johnson Sasse ment when he or she sees the pivotal judge is one who necessarily likes all Cruz Kennedy Scott Daines Lankford Sessions moment in the case arising. the results he reaches, and it naturally Donnelly Lee Shelby The late Justice Oliver Wendell follows that a good judge will, from Enzi Manchin Sullivan Holmes, Jr., used to say there was a Ernst McCain time to time, necessarily disagree with Fischer McCaskill Thune point of contact in every case. When some of the judge’s own rulings. In Flake McConnell Tillis asked, he pointed out that the point of other words, the outcome of the case Toomey Gardner Moran contact in any case is the place where doesn’t necessarily match up with the Graham Murkowski Wicker Grassley Paul Young the boy got his finger caught in the outcome the good judge would prefer— machinery. I learned that quote when I or the judge, an all-powerful ruler who NAYS—42 was in law school. I have never entirely had the power not only to interpret the Baldwin Harris Peters understood what it means, but it re- law but also make it, establishing Bennet Hassan Reed Blumenthal Heinrich Sanders minds me of the fact that in every rules, embodying policies that would Booker Hirono Schatz case, there is a pivotal fact and a piv- govern in all cases. Brown Kaine Schumer otal aspect of the law which, when This is the essence of the conserv- Cantwell King Shaheen properly understood, can help lead the Cardin Klobuchar Stabenow ative legal movement—the judicial Carper Leahy Tester court to a proper disposition of the conservative movement, we might Casey Markey Udall legal question at hand. say—in which Justice Scalia was so in- Cortez Masto Menendez Van Hollen Judge Gorsuch is one of those rare fluential, which is why it is so fitting Duckworth Merkley Warner judges who is able to seize upon the Feinstein Murphy Warren that Judge Gorsuch has been named to Franken Murray Whitehouse point of contact in any case. He does so replace Justice Scalia. Gillibrand Nelson Wyden with seeming effortlessness. Yet I Judges do not have a roving commis- NOT VOTING—2 know he does it in a way that requires sion specifically to address all of the a lot of effort because these things Coons Durbin evils that plague society. They don’t don’t just come naturally. They come The motion was agreed to. have a roving commission to decide big only as a result of faithful study of the policy questions of the sort we debate f law, of faithful attention to detail in in this Chamber every day. The judge’s DISAPPROVING A RULE SUB- every case, reading every brief in every role, rather, is to apply the facts to the MITTED BY THE DEPARTMENT case. case at hand, and, in the case of the Judge Gorsuch does this in part be- OF THE INTERIOR Supreme Court, to provide guidance to cause he was well trained. When we lower courts so they can resolve dif- The PRESIDING OFFICER. The look at his background, we can see ficult and consequential questions of clerk will report the joint resolution. that excellence has always been some- law. Judge Gorsuch understands the The legislative clerk read as follows: thing we have been able to see from difference between being a judge and A joint resolution (H.J. Res. 38) dis- him. He graduated with honors from being a legislator, and that is very approving the rule submitted by the Depart- Harvard Law School and received a ment of the Interior known as the Stream much reflected in his work on the doctorate in jurisprudence from Ox- Protection Rule. bench. ford. He clerked for three brilliant and The PRESIDING OFFICER. Pursuant very well-respected jurists: Judge When I had the privilege of prac- to 5 USC 802(d)(2), there will be up to 10 David Sentelle on the U.S. Court of Ap- ticing law and appearing in front of hours of debate, equally divided be- peals for the DC Circuit and Justice Judge Gorsuch, I was able to be the tween the proponents and the oppo- Byron White, as well as Justice An- beneficiary of his skill as a judge and nents of the resolution. thony Kennedy of the U.S. Supreme of his commitment to the rule of law. The Senator from Utah. Court. We could not ask for a better Over the last few days, I have had the NOMINATION OF NEIL GORSUCH legal education or a stronger record of privilege of reading many of his opin- Mr. LEE. Mr. President, I rise to accomplishment from a young lawyer. ions. I spent hours upon hours poring speak about the nomination of Judge After his clerkship, Judge Gorsuch through his opinions. Knowing that he Neil M. Gorsuch to be an Associate entered into private practice, where he might well be named to the Supreme Justice on the U.S. Supreme Court. was a trial attorney for 10 years. In Court, knowing he was one of the po- Confirmation of anyone appointed to 2005, he joined the U.S. Department of tential nominees made me want to the Federal judiciary is a big deal. Con- Justice as Principal Deputy Attorney learn more about him than I already firmation of someone appointed to General, and he became a judge on the knew. I have to say, every single opin- serve on the Supreme Court of the Tenth Circuit in 2006, where he has ion I read, without exception, was im- United States is an exceptionally served for the last decade. peccable to an unusual degree. They weighty matter. I therefore approach Judge Gorsuch has what I would con- are methodical. They are careful. They this with the seriousness it deserves. I sider—and I think what most would ac- are studious. They reflect a degree of approach this as one who has argued in knowledge—is the correct approach to academic and professional craftsman- front of Judge Gorsuch. I found as a the law. He is a judge’s judge, both lit- ship rarely seen. He treats the parties lawyer that he is an exceptional judge, erally and figuratively—literally, be- appearing before him with dignity and an unusual judge—a judge who comes cause he sits on the U.S. Court of Ap- respect. He takes their arguments seri- to argument with an unusual degree of peals for the Tenth Circuit. He literally ously, and he respectfully explains preparation, having read all the briefs judges the rulings of other judges. It is their arguments as he addresses them. and apparently all of the cases and all his job to decide whether other judges I know from my time in the practice of the statutes cited in the briefs. have done the right thing. And he is a of law that no one likes to lose a case, There are some judges who at oral ar- judge’s judge figuratively in the sense but I doubt any litigant has read a gument are constantly asking ques- that he has the characteristics that all Judge Gorsuch opinion and felt like he tions, but they are not necessarily judges aspire to—or at least should. He failed to understand their position or questions that need to be asked. Per- decides cases based on what the law that he failed to take their views seri- haps some judges want to hear the says and not on the basis of what a par- ously with the credibility and dignity sound of their own voices. That is, of ticular judge might wish the law said. they deserve. This is a crucial yet, course, something that would never I particularly enjoyed last night lis- sadly, often underrated factor when re- happen here, in the U.S. Senate, but it tening to Judge Gorsuch speak at the viewing the work of any judge. happens sometimes with other people. White House, his reference to what he Most of all, his opinions are just bril- There are other judges who might be considers an important, telltale sign of liant. They are digestible to lawyers

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.012 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S563 and nonlawyers alike. This is crucial administrative state before Chevron. Katyal, who served as Acting Solicitor because the judiciary belongs to every- We could do it again. Put simply, it General under President Obama, has a one in this country, not just to attor- seems to me that in a world without New York Times op-ed in which he neys. Judge Gorsuch’s opinions are Chevron, very little would change—ex- urges liberals to support Judge memorably written without being cept perhaps the most important Gorsuch. Katyal writes: snarky, and he scatters his opinions things.’’ I, for one, wish it were a Democrat choos- with literary and philosophical ref- Second, it is important to note here ing the next justice. But since that is not to erences to highlight the legal points he that the Chevron doctrine is not a par- be, one basic criterion should be paramount: is making while also just making the ticularly ideological one. Is the nominee someone who will stand up for the rule of law and say no to a president opinion much more interesting. As Indeed, in the 1980s, Chevron pri- marily assisted the Reagan administra- or Congress that strays beyond the Constitu- someone who has read more than my tion and laws? I have no doubt that if con- fair share of judicial opinions, I can tion’s deregulation efforts, and junking the doctrine today would constrain the firmed, Judge Gorsuch would help restore tell you that Judge Gorsuch’s opinions confidence in the rule of law. His years on are among the very best I have ever Trump administration’s use of regula- the bench reveal a commitment to judicial read. I don’t just mean a few of them, tions. So eliminating the doctrine independence—a record that should give the I mean every single one of them that I would affect equally Republican and American people confidence that he will not Democratic policy goals. In any event, compromise principle to favor the president have read, which is a lot of them. They I am sure, based on his background and who appointed him. are very, very good. In fact, they are on his record, Judge Gorsuch’s critique Judge Gorsuch is exactly the type of Supreme Court caliber. Judge Gorsuch has written hundreds of the doctrine is not about politics; it judge who should be confirmed, who of opinions, but there are two recently is about first principles. At the end of should be allowed to serve on the Su- decided cases I wish to highlight. the day, Chevron is neither Republican preme Court of the United States. This He is a critic of an obscure but very nor Democratic; it is neither liberal vacancy was a central issue in the 2016 significant legal rule known as the nor conservative. It is simply wrong. election. The people have now spoken, Chevron doctrine. When the Supreme In another notable case, Judge and I plan to honor the results of this Gorsuch was the lone dissenter in a Court decided the Chevron case back in election by working as hard as I can to case in which an 11-year-old student 1984, the Justices may not have see Judge Neil Gorsuch confirmed to was arrested for generating fake burps thought they were deciding a big case. the Supreme Court of the United in class. As heinous a crime as some They might not have realized the ex- States. might perceive this to be, it is not ordi- The PRESIDING OFFICER (Mr. tent to which the decision in Chevron narily the kind of thing that results in PERDUE). The Senator from Wash- v. NRDC—the extent to which that calling the police. Judge Gorsuch ington. case would have such a profound im- would have concluded that clearly es- Ms. CANTWELL. Mr. President, I pact on the Federal judiciary and on tablished law prevented the arrest and come to the floor tonight to start de- the state of the law in the United that the child’s parents should prevail bate on what is called the Congres- States of America, but Chevron is in in a lawsuit against the school officials sional Review Act of the stream pro- fact one of the most important Su- who decided to call the police in re- tection rule. For people who are prob- preme Court cases that most of us have sponse to this childish act in class. ably saying ‘‘I don’t understand any of never heard of. It says that the courts This is not uncommon for Judge that; could you explain it to me?’’ what must defer to an agency interpretation Gorsuch, who has voted not to provide we are going to do tonight is to start of a statute if the statute is ambig- qualified immunity in several cases this debate, which is really about clean uous. and has voted in many cases for the un- water, and it is about making sure that The problem with Chevron, as Judge derdog, for someone who might other- polluters clean up their messes, par- Gorsuch has pointed out, is that it wise not have had a chance in court ticularly when it comes to streams and tends to divest the courts of their obli- but for the willingness of one very the beauty we have in our country that gation to ‘‘say what the law is,’’ as brave and astute and diligent judge to is used by many people. And it is about Chief Justice John Marshall wrote in study the law and the facts of that case making sure that rules for polluters Marbury v. Madison. It has led to a aggressively so as to make sure that paying are enforced in law and, clearly, system in which executive agencies not justice was accorded to the parties. agencies which have developed those only make and enforce the law but also There are other important areas of rules in conjunction with laws that are interpret the law, arrogating to them- the law where Judge Gorsuch has made already on the books continue to have selves, in effect, some aspects of the an important contribution during his those laws in effect. powers allocated to all three branches time on the U.S. Court of Appeals for We are in a new administration, and of the Federal Government. This is a the Tenth Circuit. I will be talking already the debate is starting where violation of the doctrine of separation about some of those at length in the people would like this end result to be of powers, one of the most important days and weeks to come. He has been a clean water, 0; Donald Trump, the new protections in the Constitution, one of staunch advocate for the First Amend- President, 1. That is because this ad- the two fundamental structural protec- ment. He has read criminal statutes to ministration is starting a war on clean tions in the Constitution, as important constrain the government’s power, water, and tonight that debate is com- as any other provision in our founding where appropriate, and has voted in ing to the Senate floor. It is coming to document. several cases to withhold qualified im- the Senate floor because the last ad- Worse, doctrines that have developed munity. All of these are important, and ministration worked for more than 5 in response to Chevron allow agencies I look forward to discussing them with years on producing something to make to stake out a legal position, lose in my colleagues. sure that we had safe drinking water court, and stake out a new legal posi- Before I close, I want to talk a bit and safe stream water for fishing and tion that reaches the same outcome. about the confirmation process. In 2006, to make sure that industries that are As Judge Gorsuch points out, that cre- Judge Gorsuch’s nomination to the known for polluting ensure that their ates fair notice and equal protection Tenth Circuit was so uncontroversial level of pollution is cleaned up. problems. that it lasted 26 minutes—just 26 min- After more than 5 years in the imple- Now, there are two additional points utes, less time than a ‘‘Brady Bunch’’ mentation of that rule, after thousands to make about Chevron. First, in the episode. He was confirmed on a voice and thousands of hours of discussion coming days, we will undoubtedly hear vote. Among other notable Members of and debate, as it has become a rule, some of my colleagues complain that the Senate the day that Judge Gorsuch now there is one thing that can stop it. getting rid of Chevron will somehow was confirmed were Minority Leader There is one thing that can stop it; make the air less clean, our food less SCHUMER, ranking member of the Judi- that is, if Congress uses its authority safe, our financial system more unsta- ciary Committee FEINSTEIN, Senator under the Congressional Review Act to ble, and cause a whole lot of other DURBIN, and Senator LEAHY. repeal it within the 60 days of legisla- problems, but as Judge Gorsuch has Already, prominent liberal lawyers tive action that it has become effec- written, ‘‘We managed to live with the are praising his nomination. Neal tive.

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.037 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S564 CONGRESSIONAL RECORD — SENATE February 1, 2017 What is happening is that the Trump coming cheaper in the United States of ample of why people love the outdoors administration and our colleagues on America has pushed down the demand because they want to fish. They want the other side of the aisle are trying to for purchasing coal, a more expensive the experience of going and being out- say that we want to repeal more than product that had nothing do with this doors and having the wonder of that. 5 years of hard work of clearly out- rule. I personally have been in the streams lining a stream protection rule to pro- I have been in business and, yes, you of West Virginia and have had a fabu- tect streams in the United States of plan for the future. And if you think lous time. I want other people to un- America from pollution caused by cer- your business is going to have to in- derstand that these streams are worth tain types of mining activity. crease its insurance or change its busi- protecting all over the United States of Let me show you a picture of what I ness practices, yes, you consider all of America. But the movie is not called am talking about. This stream could be that, but this chart clearly shows that ‘‘A River Runs Through It and a Mine anywhere in America. It could be any- our electricity grid has gone from hav- Sits on Top of It.’’ We don’t have peo- where in the United States of America. ing 50 percent of it supplied by coal ple moving to Montana and buying It is probably a good picture. Why? Be- now down—as this line is crossing ranches, making investments, hiring cause it shows the great outdoors. here—to about 30 percent of our elec- people, and diversifying because they Probably for me, it is somewhere I tricity grid from coal. want to see the mines in Montana. would like to hike. It shows a stream, This rule was not in place. Saying They want to see the beauty of the out- but it shows the degradation of that that you want to have safe drinking doors. They want it to be pure and pris- stream with the pollution in the water has nothing to do with what has tine, and they want people to clean up stream. happened in the marketplace as nat- their pollution. If we are talking about Whether you are Trout Unlimited, ural gas has become a more viable op- an economy and you want to talk which supported this rule, or you are tion than coal. This chart shows it. about jobs, do not ruin the $80 billion the Wilderness Society, or all the hunt- We have another chart that also in tax revenue that comes from an out- ing and fishing groups that supported shows this 23-percent decline in coal. door industry because you want to this rule, or you are just one of the Why? Again, because of natural gas allow an industry to continue to pol- many citizens in a State where mining consumption going up. For those on lute. exists and you are happy that it exists the other side who would like to say I am going to continue for the next there but you also want them to be this is somehow about a war on coal, I year to make this point to my col- clean up their messes—these are the will tell you, we should not denigrate leagues in the West who are going to people who do not want to see this anybody for the job that they have try to overturn every rule they don’t level of degradation in the streams. done to support their families. In fact, like because they think somehow that Why don’t they want to see it? Be- I believe we should make sure they they want to claim it impacts jobs. We cause first and foremost they obviously have a pension, make sure they have are going to have this discussion, and don’t want to see it, but if you are a health care. we are going to show that the outdoor fisherman and you are out fishing, you It is a tragedy that we bailed out economy is just as important and is ac- certainly don’t want to see the impacts Wall Street from the U.S. Treasury, tually producing more jobs and pro- that selenium is causing on fish. and as pension programs all across ducing more revenue. The only point of There are a couple of incidents here America imploded, nobody wanted to conflict, I think, is when one impacts where the impacts of selenium on fish bail out the pension program for min- the other to the degree of creating pol- are shown in this diagram. Deforma- ers so they could retire with the kinds lution and then taking a beautiful tion both here in the tail and here in of health benefits that other people do. stream away from us—because no one the mouth of fish are impacts from se- If we want to help individuals who are wants to fish in a stream with that lenium in streams. We do not want to suffering in coal country, I suggest level of pollution. see selenium having that kind of im- that we take care of their pensions. Why are we here? We are here be- pact on our fish. In the meantime, what we should do cause certain types of mining—particu- What do we want to do? We want to is make sure we are preparing for the larly, mountaintop removal mining— make sure that we are measuring sele- health and safety of people who depend make it way more challenging to pro- nium in the streams and that we are on these streams for multiple uses; tect those streams. As I mentioned, for cleaning it up. That is what we want to that is to say, there are those in an the last several years, people have been do. The notion that somehow people outdoor economy who count just as discussing what to do to make sure have described a rule for stream pro- much on those streams and count on that these companies are making sure tection that is about having safe drink- them not being polluted because of cer- the environmental impacts are mini- ing water and having safe fishing water tain mining activities. mized. The production of these mines is about a ‘‘war on coal’’ is just wrong- This chart can be shown in just about has actually fallen a great degree in headed. This is about making sure that every State of the United States. The the last several years. we don’t overturn something that took outdoor economy in our States—the We have been working, as I said, dur- over 5 years to get in place. And I people who like to go fishing, the peo- ing this time period to make sure that should say, it is the first time in 33 ple who like to go hunting, the people we implement the right kind of regula- years that we have updated this rule. who like to navigate our rivers and tions so that people will clean up this For 33 years, the Department of the want to do so when they are not pol- mess. As I mentioned, it has been basi- Interior has said that the hydraulic im- luted—is 6.1 million direct jobs in the cally since the early eighties until this pact of mining on a stream should be United States. That basically dwarfs level of attention was given to a new mitigated. What has changed in the the coal industry. rule. Why do we want to change a rule last 33 years is that we now have better This isn’t about saying one job is bet- that was from 1983? Because it says technology and we have more informa- ter than the other, but the notion that that you must minimize the disturb- tion about selenium. We know that it somehow we are hurting our economy ances to the prevailing hydraulic bal- impacts fish, and we want mining com- because we want to have clean streams ance at the mine site and offer areas panies to measure their impacts on and we want people to be able to safely and quality of water and ground water headwaters and make sure they are catch fish without selenium in them is systems, both during and after the doing something to minimize this sele- basically ignoring the facts. By not mining operations. nium impact. regulating the coal industry to make President Trump did not invent that. I know people think that maybe in sure they are cleaning up their mess, That has been in law all along. The no- this process for 5 years—somehow that you are hurting the 6.1 million jobs tion that somehow that has changed is created a decrease in the amount of that depend on having clean streams. not correct. It has been in the opening coal in the United States of America, I know people here probably under- days of the Trump administration that even though the rule was just getting stand that Montana is full of streams. people are trying to say that steward- started. Let’s look at the real issue. That movie, ‘‘A River Runs Through ship doesn’t matter, that somehow, The real issue is that natural gas be- It,’’ is iconic in the Northwest as an ex- yes, we want to have immaculate water

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.047 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S565 and immaculate air—as President in their energy mix and resources? Do that we have to actually turning this Trump said—but it is OK if regulations you think we need to have a plan for Congress around and getting things cause a problem for business. What that? Yes. Do I think we need to have done. I am going to do everything I can business? The outdoor industry or the a plan for how we are going to diver- to reach across the aisle and produce coal industry? Because right now, you sify? Yes, I do. But this is not an eco- solutions to some of the most vexing are talking about making a change to nomic debate about how we are going problems we have. what is protection of those streams and to save jobs. In reality, as I showed in There are solutions within our reach. repealing a law that is about safe the chart before, the natural gas prices If you think about immigration re- drinking water. We don’t want to are driving coal to a much lower level form, there is a 40-year-old failure on eliminate that. of our electricity grid than ever before the part of the Republicans and Demo- We want to make sure that we use in our history, and that is not going to crats to address the immigration prob- the best technology available to mini- change. lem. Everybody wants their position on mize the disturbances, address the im- Let’s make sure we clean up our one end of the spectrum or the other pacts on fish and wildlife, and any streams. Let’s make sure we use the versus what the American people want other related environmental issues. We best technology available to make sure or a solution to the problem—a solu- know a lot more about mining and fish- we are detecting that pollution and re- tion that makes sure the American ing. As I showed you one picture, I will quire people to have a minimal amount worker is respected and taken care of, show you another impact of selenium. of responsibility in the cost of what it that our borders are secure, and that Basically, it is showing the deforma- takes to make sure that selenium is we end this 40-year-old failure on the tion. What we now know much more not in drinking water or impacting our part of Washington to solve the prob- about is how selenium does impact fish. lem. these areas. I yield the floor. They want solutions on criminal jus- What is at stake if you kill the The PRESIDING OFFICER. The Sen- tice reform. We have many people in stream protection rule? Our sports- ator from North Carolina. prison who, after they get out, are men—groups like the National Wildlife SPIRIT OF BIPARTISANSHIP more likely to go back into prison be- Federation and Trout Unlimited—say Mr. TILLIS. Mr. President, I want to cause we really haven’t thought about this: thank my colleague from Utah and his commonsense ways to help them enter The resolution is an ill-conceived tool for eloquent comments about the Supreme back into society and have productive jettisoning a very useful rule that protects Court nominee. I would like to asso- lives, beyond just going back into a mountain head water streams and commu- criminal enterprise. We can solve that nities throughout the coal country in Appa- ciate myself with everything he said. lachia. We urge you to oppose striking this He has the kind of experience and in- problem, but we can only solve it if we rule, and to instead work with the Depart- sight that I hope so many Members on have Republicans and Democrats come ment of Interior to protect these streams, both sides of the aisle will listen to. together—and silence the voices who and make necessary improvements to im- I am here to talk about the spirit of want their perfect version based on prove the CRA, instead of using it as a bipartisanship and getting things done. their ideology—on a solution that cleaver. I submitted an editorial to my local makes sense to the average American. They go on to say: newspaper down in Charlotte a couple The agenda that we want to complete 150,000 passionate trout anglers work to of weeks ago. The whole premise of my can only be completed if we have peo- conserve, protect and restore our Nation’s opinion was that in November the vot- ple who have the courage to come to trout and salmon fisheries and their water- ers did not vote for a Republican man- this floor and do what I consider to be sheds. And our members give back to the re- political courage. It is not courageous sources they love by investing dollars and date; they voted for a results mandate. hundreds of thousands of volunteer hours to They are tired of the gridlock they see for me as a Republican to stand up to conserve streams. up here in Washington. They are tired a Democrat and oppose their view. So you can see that they feel passion- of people promising things they know That is my job. I am a conservative. I ately about this. They feel passion- they can’t deliver. They are wanting am a proud conservative. Courage, in ately because this is part of our out- for a leader in President Trump and in terms of someone who would walk onto door economy and what people have the congressional leadership people this floor, is someone who can look at passion about. who want to produce results. They a person—a fellow Republican and con- In my State, people would say: Well, want people who want to work across servative—and say: We are not going to you have these other jobs. No, actu- the aisle and come up with bipartisan go where you want to go because we ally, in our State, there are 250 aban- solutions to a lot of the problems that are here to get something done—not doned mines in Washington. Yes, if we confront this Nation. just to make speeches, not to talk don’t clean them up, and if we don’t You would have thought that I about an unachievable goal, but to make sure there is reclamation, there changed my registration and became a make progress on things that are is still pollution. member of the minority party with the sound, conservative policies. But We have had a mine history in our criticism that I got from people on my maybe we have to make some com- State, but we want responsible mining side of the aisle. I was called a RINO. promises. Maybe we have to go a little and we want responsible cleanup. With For those of you who don’t know what bit further than we want because we today’s rule that is in place and that that is, that is a Republican in name want to get something done. We want you are trying to repeal—to repeal safe only. to pass things that are good. If we wait drinking water, basically—that would When I was the speaker of the house to only pass things that are perfect, take those tools away and allow pollu- in North Carolina, the last thing I was then we will be guilty of doing exactly tion to continue. What is the cost of ever called was a RINO. We worked on what many other people have done in that? It is very small. You would think a conservative agenda that made sense. this body—to promise a lot and deliver that the way some people go on about We gained the support of a number of very little. this, that somehow this is astronom- Democrats along the way. North Caro- I took a lot of hits for my op-ed and ical amounts of money. Basically, it is lina is a lot better place because of the my public comments about bipartisan- about 0.1 percent of the industry’s an- courage of those folks who were willing ship, about compromise, about respect, nual revenue. When you are in busi- to work across the aisle to help our about reaching across the aisle. I am ness, you think about your costs. You great State, to go from one of the lag- willing to take those hits because I think about your cost of doing busi- gards in terms of economic perform- would rather go down as someone who ness. Yes, the cost of doing business ance to one of the leading States in the is willing to go get something done has to include making sure that you Nation for economic performance over than someone who is willing to only clean up pollution. To me, this is an in- the course of about 4 years. settle for the perfect, knowing that dustry that makes way more than this I don’t really care about the criti- perfect never happens here. The Found- in its annual revenue. cism from the talking heads—from the ing Fathers didn’t expect perfect. The Am I empathetic to my colleagues far left or the far right—because I con- Founding Fathers introduced defects, if who represent States that are changing sider them one of the great threats you read the Federalist Papers, that

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.048 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S566 CONGRESSIONAL RECORD — SENATE February 1, 2017 prevented any one ambition from pre- called principled position when that done. We know you are hurting. We vailing. To have ambition set against particular position benefits your agen- know the government has failed you, ambition is foundational to our demo- da, not necessarily something that is Democrats and Republicans. We have cratic institution here. We are not bipartisan, something that actually failed to actually take the tough votes. going after perfect. We are going to go serves a political agenda. We have failed to deliver. It is time for after good. The Supreme Court, I think that is us to deliver. I was really excited. I got some great what we are going to see here. I have I believe we have a President who ex- comments from my friends across the presided. I have been a freshman for 2 pects us to reach across the aisle and aisle. I thought this is an area where years. We get to preside a lot. I get to solve problems. I am going to be a part we can work together. There are a lot hear a lot of these floor speeches. I of solving that problem. We have a of areas where we can’t work together heard endless speeches talking about great opportunity here with the Su- because our world views are so dif- how we needed to do our job, how we preme Court nomination. It is time to ferent. Let’s not focus on those. Let’s actually—here is another quote from get past the election results, get over focus on things on which we can work the now minority leader: it, and get to work. It is time to recog- together. I thought we had a minority The Supreme Court handles the people’s nize that the real people, the people leader who was actually committed to business. As President Reagan put it, every who sent a mandate here—but the that. At least that is what I thought. day that goes by without a ninth justice is mandate was not Republican, it wasn’t But I have to say I am beginning to another day the American people’s business far right, it wasn’t far left—all they wonder if we haven’t gotten a different is not getting done. said was produce results. sort of view of the leadership. Com- Now what we are hearing is that I am going to produce results. I am ments today do not reflect the com- same group of people say they are going to expect my Members to ments of not so long ago. In 2012, the going to use every lever they can to produce results. I am going to go into minority leader said: stop us from seating a ninth Supreme my conference, when it looks like we Everything doesn’t have to be a fight. Leg- Court Justice. What has changed, ex- are going down the path of taking an islation is an art of working together, build- cept for the fact that you are not intransigent position that does not ing consensus, compromise. happy with the outcome of the elec- produce a result, and I am going to call I could have written that. I abso- tion? So I think we need to recognize them out. I am also going to hold my lutely agree with that principle. That that the American people are sick of colleagues on the other side of the aisle is why I got criticized by folks on my Democrats and Republicans promising to the same standard. side of the aisle—or the talking heads, things, but if they don’t get their way I am going to hope to find folks who anyway, the conservative talking in the election outcome, if they are not want to solve the immigration problem heads—because I wasn’t willing to take able to set the agenda, then they are in a respectful, methodical way. I want a purist position. no longer interested in bipartisanship. to work with people on the other side Now, you fast forward. And the mi- I have a lot of confidence in this of the aisle who want to solve the nority leader made this comment when body. I have a lot of confidence in a criminal justice problem, the sen- he was not the minority leader. But number of people on the other side of tencing reform, the judicial reform today this is what we are hearing just the aisle. I think there is a pent-up de- bills that are moving through that within the last month: ‘‘The only way mand among Members here who want have, I believe, far more than 60 votes we’re going to work with him’’—that to see results—not perfect, but good. I to support it. would be President Trump—‘‘is if he am going to do everything I can to We have to work on these. We will moves completely in our direction and work with those. I will do an equal save the other ones where we simply abandons his Republican colleagues.’’ amount of time focused on those who I can’t find common ground, and those Does that sound like bipartisanship? don’t think are acting in the best in- will be the arguments that we can have Does that sound like somebody who terests of their own constituents. They that can influence future elections, but wants to reach across the aisle and are not listening to the real people in for the next 2 years, let’s get work work on immigration reform, criminal America, the real people who did not done. Let’s actually be able to go back justice reform, sentencing reform— endorse a Republican mandate in No- to our State and proudly proclaim that things where I believe there is a major- vember. we had the courage to stand up to peo- ity of people in this body, as many as They said: It is time to stop. It is ple on our side of the aisle when get- 60 or more votes—who would be willing time to get things done. It is time to ting to perfect was at the expense of to move legislation? I don’t think so. treat people with respect on both sides doing something good. We have to make sure that people of the aisle. It is time to accept good, If we do that, we will have one of the like this are accountable to the Amer- and it is time to stop pretending that most productive legislative sessions. ican people, the so-called real people. I this body can produce perfect. Now, I The 115th Congress could go down in will get to that in a little bit. That is have to say I am glad to see my col- history as one of the most productive not bipartisanship. That is not leader- leagues on the other side of the aisle Congresses in the last 100 years. I want ship. That is divisiveness. That is grid- are starting to look at the so-called to be a part of that story. I want to go lock. That is the stuff that inspired me real people. back to North Carolina and be proud of to run in 2014. That is the thing I am Last week, the Republicans were in what I did, proud of the compromises, against, whether it is a Democrat say- Philadelphia. We were at a retreat. At proud of the bipartisan relationships ing it or a Republican saying it. the same time, there was a group of my that we did to solve these problems. I think we can also expect more of colleagues on the other side of the aisle I am going to go to other States who what really stems—or what you can who were meeting up in West Virginia. may be up for reelection in 2018 and ei- infer from the latest position of the mi- There was a Politico article that I ther thank the Members on the other nority leader, more gridlock. We will thought was particularly interesting. side of the aisle who worked with us for go to the next chart. The sort of a dou- This was a part of the published agenda those solutions or campaign against ble standard here, duplicity, really that was reported by Politico, an agen- them because they failed to actually drives me crazy. Situational ethics I da that says they are getting people to- look at their constituents and do the will call it or situational principles. On gether. They want to talk about speak- right thing. the one hand, you stand firm on some- ing to those who feel invisible in rural There are a lot of opportunities here. thing. You fast forward because you America, listening to those who feel I, for one, am going to spend every didn’t like the outcome of the election, unheard, and a discussion with Trump waking hour to make sure I do my and suddenly you no longer take that voters. part, and I can be proud of the work I same position. There was another entry in the agen- did to produce results, to answer that People can rationalize it any way da, I believe, that says talking to real mandate by the electorate that came they want to, but I think the real peo- people. I am here to talk to the real in November to produce results. ple, the real voters, the folks out there, people tonight. You have Members in I have every confidence that there see this for what it is. It is taking a so- the Senate who want to get things are enough Members here to join us.

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It threatens the health of people who rather serious threshold that we have I call on all my Members to think depend on those streams for their to come through. again about what they can do to be a drinking water, it poisons fish, birds, We are going to do a lot of CRAs. I part of providing the solutions. I look plants, and it reduces the quality of know everybody on the Republican side forward to working with them in this life for people across the country. That is raring to go to sort of undo all the Congress. is why the stream protection rule was rules that were done under the Obama The PRESIDING OFFICER. The Sen- established. It is there so parents don’t administration. Fair enough. We un- ator from Hawaii. have to worry when their kids go play derstand. You have the Presidency. Mr. SCHATZ. Mr. President, I rise to by the stream or go fishing behind You have both Chambers. It is cer- speak on the stream protection rule. their house. It is there so ranchers tainly your prerogative to take up all One of the first things we learn as kids don’t have to worry about a nearby of these CRAs, but be careful because is that if you make a mess, you are re- mine that could harm their land, and you are not going to be able to touch sponsible to clean it up. It is good man- fishermen don’t have to worry if the these issues again. You are forfeiting ners, but it is also a matter of ethics. salmon catch is poisoned or if there are your prerogative to touch these issues It is about doing the right thing. This fewer fish because salmon are dying again. is the spirit, this is the idea behind the from pollution. So for the sake of public health and stream protection rule. It simply tells This rule is so communities don’t in order to leave a better world for our coal companies doing mountaintop have to worry that their daily lives kids, we need to keep this rule in place. mining that they need to clean up their will be changed because a company is I yield the floor. The PRESIDING OFFICER. The Sen- mess if they make a mess. It seems not being responsible and cleaning up pretty common sense to me. ator from West Virginia. after itself. This may surprise some Mrs. CAPITO. Mr. President, I am Opponents of this rule argue that people, but the rule will actually cre- here to speak in support of the Con- this is somehow an unfair burden on ate jobs. People like to talk about how gressional Review Act on the stream coal companies because coal is doing burdensome regulations are, especially protection rule. poorly in the emergency markets. Op- in the environmental space, but the I want to say to those who partici- ponents seem to want to say that ask- truth is, it will not lead to fewer jobs. pated in the last election—where part ing companies to be responsible to The Department of Interior predicted of the discussion was the Federal Gov- clean up whatever mess may have been it will actually create hundreds of jobs ernment knows all and needs to be in made makes it harder for them to com- a year, not take them away. Most of your life and in your business life every pete. all, it is going to have a real positive day, and it knows the best one-size- The truth is, coal is having a very impact on the world we live in. Over fits-all way—that help is on the way difficult time in energy markets, but it the next two decades, researchers esti- today. A lot of the talk of the election is not because they are being required mated that the stream protection rule is now going into action in the form of to clean up after themselves. It is be- would protect or restore 6,000 miles of the Congressional Review Act. cause other energy resources are be- streams. That is more than the dis- In particular, the stream protection coming cheaper. Solar is cheaper now tance between eastern Maine and my rule was a last-minute power grab that than ever. The natural gas revolution home State of Hawaii. was aimed at giving more power to the is now in competition with coal. It is So if you care about protecting local Federal Government. very difficult to get a new coal-fired water supply, if you care about having Now, at the onset, I would like to say powerplant on line. It may be even a place for your kids to go hiking and this: I don’t have any charts. I don’t more difficult to recapitalize an old fishing, if you care about holding ev- have any pictures, but then I thought, one. So coal is struggling, but the rea- eryone to the same standard, then you know what. Yes, I do. I have a lot son is not the stream protection rule. don’t let this bureaucratic mumbo of pictures on my device here, which I There is another aspect of this, which jumbo get in the way. This rule was will not open up because it is against is, since when is there no cost to doing created to fix a specific problem, and the rules and you will not be able to business? Since when are any compa- repealing it could effectively exempt see anyway. But in these pictures, you nies allowed to come in, pollute, and mountaintop coal mining from modern will see a picture of me fishing in a then walk away without doing any- regulation indefinitely. beautiful stream in West Virginia, thing about it? If you hired a con- This is a very important point that where trout is unlimited. You will see tractor to work on your house and they has to be made about Congressional me riding an ATV on a Hatfield-McCoy left a pile of materials in your kitchen, Review Act votes. We are going to have Trail, which is the old mining trails you wouldn’t say: Well, that is just the a slew of them over the next probably and the old lumber trails in southern cost of doing business. You would say: 2 or 3 months. Here is the thing about mine country in West Virginia, where Clean up the mess. That is part of the a CRA vote because it gets rather tech- thousands of people come every year. job. nical. It is not just overturning a regu- You will see me visiting a school or a There is no question that coal mining lation. The way the law works, is that business park that is built on the top is a tough business, but it also can not only is the regulation overturned of what is a reclaimed mountaintop re- sometimes be a messy business. That is but an administration can never touch moval. a simple fact. If we ignore the pollution this issue again. We can’t do anything If you have ever been to West Vir- that is caused, if we ignore the cost the that is ‘‘substantially similar.’’ ginia, they don’t call us the Mountain public bears when toxic substances are So if you want to do something about State for nothing. It is mountain after dumped without proper treatment or the stream protection rule, make a mountain after mountain, difficult ter- when coal-fired powerplants spew car- law; override the rule that was just rain, and in some ways it is very dif- bon pollution into the atmosphere, for made and craft legislation. You have a ficult to have any kind of economic de- that matter, we are ignoring the cost working majority in both Chambers, velopment. of doing business. work with the bipartisan group. You So when the laws are enforced—the To be fair, we have to make sure have four or five Democrats who voted laws that we have now, in terms of every industry, including the coal in- for the CRA. Let’s legislate. water protection and reclamation— dustry, plays by the same rules as ev- What is going to happen when the after the mining is finished, we have eryone else. Up until December of last CRA vote succeeds is we are never been able to have some economic devel- year, some coal companies just were going to be able to touch the question opment projects that have been to the not playing by the same rules. Moun- of pollution from mountaintop removal benefit of many communities there.

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.050 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S568 CONGRESSIONAL RECORD — SENATE February 1, 2017 So I have no charts. I live there. This testify before our EPW Committee. the overregulation we have seen and is my home. I can drive 4 miles and be ‘‘OSM has not provided for meaningful the effects in the health and pension at a coal mine very easily, probably participation with the cooperating or funds. less than that. commenting agency States.’’ The ranking member on the Energy I heard the argument about outdoor Basically, these State regulators who Committee—and we just had a good recreation, that people want to have were charged with the primacy of put- conversation. I will paraphrase what outdoor recreation. I just described ting forward the water standards in she said: Sometimes I think we are sort three outdoor recreation activities in their States and overseeing mining in of talking by one another. And I think my State, and the ranking member was their States were basically invited into maybe she is right in certain respects, talking about how she fished in West the party and then put in another room and she mentioned the effect of natural Virginia and enjoyed it and had good and not listened to. Then, eight of gas on the coal industry. Yes, that has luck, I hope. Anyway, we have beau- them walked away. That has to tell had an effect on the coal industry, but tiful trout streams, but the outdoor re- you, this wasn’t an even playing field this rule that was proposed, rushed in creator doesn’t want to see a coal and was probably a very insincere ef- at the last minute by the Department mine. I would bet the outdoor recreator fort to include everybody’s opinions. of Interior, would have an even more doesn’t want to see a nuclear plant, In Wyoming, Todd Parfitt said: ‘‘The devastating effect than the combina- probably doesn’t want to see a wind- failure to engage cooperating agencies tion of regulations to this point, the mill farm, probably doesn’t want to see throughout this process is reflected in combination of the natural gas and a natural gas plant because when you the poor quality of the proposed rule.’’ market conditions. are getting away to recreate, I don’t We have heard a lot about the empa- So you ask: Oh, how rushed in was it know that anybody would want that, thetic voices of the job losses: 60,000 if it was being worked on for 5 years? but I can tell you what they do want. miners since 2011, many of them in my Well, they didn’t publish the rule They want the steel that is in their State. Many of these men and women until December 20, 2016, after the elec- truck to get them there. They want the who were making $80, $90,000 a year no tion—the election in which overregula- electricity that they have to have longer have a job. They are living in tion was one of the key factors that when they go home at night to cook communities that are decimated. was discussed during the election and their food or clean their clothes or all Our State is $500 million in the hole. the effect on economies and businesses the different things that electricity We are trying to transition. We are and the ability for American workers does. trying to do the right thing, but rules to continue to work hard and keep There are tradeoffs to everything. like this that we are about to overturn their jobs, but Americans rejected the Certainly coal has provided the base- through the CRA process are such an continuation of these policies. load of the industrial revolution for overreach of authority. So they published the rule on Decem- this country, and we still, I think, have The EPA has already gotten slapped ber 20, 2016, and then it was made effec- a great role to play. down by the Supreme Court for the tive January 19, 2017. There are estimates with this rule. match rule. They put a stay on the What is January 19, 2017? It was the The other thing is, it was said that Clean Power Plan. There are definite day before President Obama left office. there were no rules in place until we questions as to the authorities that the There is no irony there at all, I don’t had this rule. That is absolutely false— past administration has put forward. think. absolutely false. This rule was rushed United Mine Workers of America I am here to say that Senator in. It was worked on for 5 years, yes. It President Cecil Roberts says: ‘‘We are MCCONNELL and I have put this for- had 10 State regulators. Let me go especially concerned with the long- ward. It is one of the first ones that has back. term negative impact this rule is very come forward in terms of the Congres- The regulation, under the Clean likely to have on future longwall coal sional Review Act. Help is on the way, Water Act, is done by the States mining in the United States and associ- and the President will sign this. He has through the EPA, in conjunction with ated employment impacts on our min- said in his Statement of Administra- State and Federal, with the EPA over- ers.’’ tion Policy: ‘‘The administration is seeing what the States are doing to We have heard about mountaintop re- committed to reviving America’s coal make sure they are meeting the min- moval. There is a strong belief that communities, which have been hurting imum standards. this will impact our underground min- for too long.’’ So there are protections in place, and ing as well. That is pretty much—I Again, I can tell you about it. I could we welcome those protections. Where wish I knew the exact percentage, but probably show you pictures of it. I live we live, where everybody lives, we I would say well over 70 or 75 percent of there. These are my friends. These are want that. Can we do better? Abso- the mining and maybe more than that. folks I see every day. I see them in the lutely, we can do better. We should al- I hosted Senate committee field grocery store. And we have seen the ef- ways strive to do better. hearings centered on energy jobs in fects in our region to the point of six of This rule has been in the making for Beckley, Logan, and Morgantown. Bo our counties are in deep, deep depres- 5 years. Ten States came to this table, Copley, a coal miner who lost his job, sions. 10 States which were most heavily im- talked about the impact regulatory So I want to congratulate the House pacted, to try to help the Department policies were having on him, his young of Representatives for passing this ear- of Interior develop this rule. family, his community, and his former lier today. I want to thank West Vir- Our DEP Secretary Randy Huffman colleagues. ginia Representatives DAVID MCKIN- says that this proposed version of a We heard about the fact that the LEY, EVAN JENKINS, and ALEX MOONEY stream protection rule—and this is not health and pension of our miners is in for voting yes and getting a strong a Republican-Democrat thing. This is a deep trouble. I have been very much on vote. I would like to thank Leader Democratic Governor’s DEP commis- board. Senator MANCHIN and I have MCCONNELL for his leadership on this sioner saying that it was ‘‘an unneces- been working hard—along with Senator and the 27 other cosponsors of this bill. sary, uncalled for political gesture.’’ PORTMAN, Senator BROWN—with those Lastly, I would like to say, we heard He went on to say that ‘‘the combined more affected regions to make sure the the Senator from Hawaii talk about administrative record developed health care and pensions of our miners how this is really going to create jobs. throughout the history of mining regu- are funded and that those miners know Well, I found an article from the Wall lation under SMCRA is totally devoid that the benefits that were promised Street Journal on December 20, 2016, of any indication of a need for this rad- will be there for them and their fami- and I am going to quote from it. ical rewrite of the regulations gov- lies. The promises made will be prom- Interior’s projections about the economic erning the way coal is mined in Amer- ises kept, but this downturn in the coal impact are laughable. OSM reckons the rule ica.’’ industry heavily affects the ability for would cost a mere 124 coal mining jobs a Other States have made comments as the pension funds to be solvent and for year— well. We had the Ohio Chief of Mineral the health benefits to be carried on. So Whereas, other estimates are almost Resources Management Lanny Erdos there is a direct correlation between as much as one-third of the jobs—

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.052 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S569 but instead of visiting operating mines, the Golden Rule, and I know that not ev- measures to limit duplication and wizards at OSM built their estimates on eryone shares my passion for the Gold- avoid inconsistency in the implementa- computer models. They even reported a net en Rule, even though it appears not tion of Surface Mining and Reclama- gain in jobs— just in my faith, those who happen to tion Act and Clean Water Act pro- And I think this is what the Senator be Catholic or Protestant, Jewish, grams, while supporting complemen- from Hawaii was talking about— Muslim, Hindu, Buddhist—it appears in tary, comprehensive, and effective en- as miners are replaced by workers imple- all faiths, the idea that we ought to vironmental reviews of proposed sur- menting the rule. treat other people the way we want to face coal mining operations.’’ Less mining but more workers—ge- be treated. Some would say that the stream pro- nius. I also believe the Federal Govern- tection rule allows the U.S. Fish and This reminds me a little bit of when ment should act to protect citizens Wildlife Service to veto Surface Mining we were talking about all of the regu- from the harm of the actions that Control and Reclamation Act permits. latory burdens of Dodd-Frank, which I other citizens would do to them. This That is not true. It is true that section am sure we will be getting into in an- stream protection rule is, I believe, one 7 of the Endangered Species Act does other CRA. I was on the Financial of those actions. require the Office of Surface Mining Services Committee over in the House I am a native West Virginian. I was Reclamation and Enforcement of the for a long time, and we learned, when born in Beckley, WV, a coal mining Department of the Interior to consult Dodd-Frank went into effect, within a town in South Central West Virginia. I with the U.S. Fish and Wildlife Service year and a half, the largest growing understand well the role coal mining if any action ‘‘may affect’’ listed ter- profession was bank auditors. So the has played in supporting families in my restrial and freshwater species. government has created jobs for bank native State and communities there for The stream protection rule allows auditors to put forward their rules. It longer than any of us can personally permit applicants and regulatory au- sounds a lot like that is what OSM has remember. thorities to achieve ESA compliance in done with this rule. I also know that mining operations a variety of ways but does not provide I would just like to close with this. have had a devastating impact on the the Fish and Wildlife Service any veto We are going to move forward with this lives of those who have endured com- authority over permits. Indeed, this because it is important to our region. promised drinking water and destroyed past year, the Office of Surface Mining It is important to a lot of working peo- natural habitat, with a loss of the fish Reclamation and Enforcement and the ple. It will not and does not in any and wildlife that define the fabric of Fish and Wildlife Service completed form or fashion allow fowling of the my native State and all other States. consultation under the Endangered water, fowling of our streams. There This rule has been a long time com- Species Act, resulting in what is are protections that are carried forth ing, as we have heard this evening. In- known as the 2016 Biological Opinion. through our State regulators who came deed, we are living with rules gov- This new Biological Opinion smooths to the table for this rule, who felt they erning mining conduct that go back, I the way for more efficient Endangered were not being listened to and, over the believe, as far as 30 years. It is time for Species Act compliance, while pro- course of 5 years, all drifted out. I an upgrade, and I think the rule before viding important protections to indus- don’t think they were invited back. I us is a sound, responsible, and carefully try and State regulators regarding pos- sible impacts of mining operations on am confident this will have an effect of developed answer to that need. protected species. saying: America, you voted to unleash In what is becoming an art form in I think it is important to note that if this country, there are myths—some the American economy, to let our regu- we kill this rule, that protection for in- call them alternative facts—that are lators regulate, to let our clean water dustry and State regulators will go swirling around this rule. As ranking statutes move forward in conjunction away. Let me repeat that. I think it is member and the senior Democrat on with State and Federal regulators, to important to note that if we kill this the Environment and Public Works let Americans know that the Federal rule, that protection for industry and Government is not going to be reaching Committee, I want to address a couple State regulators will go away, and into every aspect of your life and it is of them. those players will have to resort to a Some would attack this rule’s provi- going to result in losing your job, cre- more cumbersome case-by-case review sions as redundant and inconsistent ating hopelessness, 72 teachers being under the Endangered Species Act for with State obligations under the Clean laid off in my county last month be- all activities that might affect pro- cause we have lost people, real estate Water Act. I am also a former Gov- tected species. That would be a shame values going down, and the loss of a ernor and am keenly aware of the prob- for a struggling industry. valuable resource that leads to the lems of inefficient governance and For those and a host of other reasons strength and to the viability and to the avoided at all costs conflicts between my colleagues will offer today, I urge a security because energy security is se- State agencies. It wasn’t always easy, ‘‘no’’ vote on this resolution. curity for our country, for our whole but we didn’t need Federal actions to I thank the Presiding Officer, and I country. compound those frictions. I am happy yield back my time. The PRESIDING OFFICER. The Sen- to say that the drafters of this rule The PRESIDING OFFICER (Mr. ator from Delaware. heard those concerns, and this rule pro- GARDNER). The Senator from Georgia. Mr. CARPER. Mr. President, I rise in motes collaboration and coordination NOMINATION OF NEIL GORSUCH opposition to this effort under the Con- between mining and environmental Mr. PERDUE. Mr. President, during gressional Review Act to block imple- agencies and clarifies their roles, pre- the Presidential campaign last year, mentation of the stream protection serving their authorities under the sur- President Donald J. Trump promised rule. face mining and clean water laws. the American people he would nomi- CRA offers Congress an important Both the EPA and the Army Corps of nate an unwavering supporter of the tool, as we know, to consider poten- Engineers concurred with the final U.S. Constitution to the Supreme tially egregious rules that are promul- rules, and in doing so, EPA said: ‘‘We Court. He has now kept that promise. gated usually at the end of Presidential have concluded that nothing in the I personally applaud the President terms. The stream protection rule, Stream Protection Rule is inconsistent for nominating Judge Neil Gorsuch to which we are considering this evening, with the provisions of the Clean Water serve on the U.S. Supreme Court. He is is not one of those. Act and that the final rule does not in- an outstanding choice. Throughout his I live in a State—Delaware—whose hibit the EPA’s Clean Water Act au- career, Judge Gorsuch has been a stal- citizens can be adversely affected by thority to require that surface mining wart, standing strong in support of the the upstream actions of others and bor- activities comply with all applicable U.S. Constitution. He has repeatedly der States whose citizens could be com- provisions of the Clean Water Act, par- shown his commitment to our coun- promised by the things we do. ticularly those provisions related to try’s founding principles of economic I take it as a matter of faith that we water quality.’’ opportunity, fiscal responsibility, lim- should treat other people the way we The EPA goes on to say: ‘‘The final ited government, and individual lib- want to be treated. We call that the Stream Protection Rule incorporates erty. These principles have served to

VerDate Sep 11 2014 04:20 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.053 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S570 CONGRESSIONAL RECORD — SENATE February 1, 2017 make our Nation exceptional through- The political theater of 2016 has no disobedience are both deplorable and out our history. Each branch of govern- place in the confirmation process this unacceptable. ment has the shared charge of pre- year. Now is the time to govern, not to The failed foreign policy of President serving and protecting those rights for engage in the far-off political theater Obama in Syria and the broader Middle all Americans. Judge Gorsuch has had of 2018 and 2020. As we move forward in East has made the world more dan- a remarkable career in both the public this process, I hope the minority leader gerous than at any time in my lifetime and private sectors and has dem- and my colleagues across the aisle will and has helped to create the current onstrated a keen understanding and ap- remember that. I hope they will put refugee crisis around the world. We are preciation of the law. the integrity of the Constitution before at war with ISIS, and we know they He has an outstanding academic the scope of their political ambition have identified and targeted our ref- record. He is an outsider to the polit- and their bitterness about last year’s ugee system as a point of weakness. ical nonsense here in this town. He has election outcome. They have already exploited the ref- an impeccable judicial record, and he is I would remind my colleagues across ugee systems of nations in Europe, car- actually called a ‘‘judge’s judge’’ in the the aisle that Republicans put aside po- rying out terrorist attacks and killing Scalia mold. He is a mainstream judge. litical theater to confirm two Justices innocent people. Actually, when he was confirmed in to the Supreme Court under both It would be malfeasance for our his current position, he was confirmed President Obama and President Clin- President not to take action and imme- by 11 Democrats who are still in this ton. Now President Trump has nomi- diately review our current screening body today, including Senators LEE, nated Neil Gorsuch, who is a principled process to ensure we are helping those FEINSTEIN, SCHUMER, and DURBIN. judge who will put the Constitution of in need and keeping terrorists out. Clearly, Judge Gorsuch will honor the the United States and the rights of all This temporary pause will allow us to formidable and impressive legacy of de- Americans at the forefront of any deci- assess our current screening process fending the Constitution left by Jus- sion he takes. Judge Gorsuch’s record and strengthen it as needed. Moving tice Scalia. of service and his commitment to the forward, the implementation of this Throughout last year, I and other Constitution is quite clear. I am look- temporary pause must be efficient and Members in the Senate held our ground ing forward to voting to confirm his effective. in saying that no nominee to the Su- nomination and to ensure that we have During this screening review period, we should avoid overreacting to the re- preme Court should be confirmed until a fully functioning High Court. after the Presidential election. We be- I strongly urge my colleagues across sponsible steps that have been taken to lieved the American people deserved a the aisle to put aside their partisan prioritize the protection of all Ameri- voice in the process. We also knew that self-interest and do what is right for cans. It is totally irresponsible and ri- the hyper-partisanship and politics of a our country. Our children and our chil- diculous for the minority leader, Mem- Presidential election cycle should dren’s children deserve nothing less. bers of this body, the former President, President Obama, and others to sug- never have any place in the nomination TRAVEL BAN gest that it is anything other than a and confirmation of a Supreme Court Mr. President, I also would like to rational, responsible step to keep Justice, which we all know is a lifetime speak momentarily to the President’s America safe and deal with the ISIS appointment. The integrity of the ad- recent Executive order to strengthen threat once and for all. vice and consent process, clearly our refugee screening process that he I yield my time. spelled out in Article II, Section 2 of thinks will protect America, and I The PRESIDING OFFICER. The Sen- the Constitution, was at stake. In pro- agree with him. ator from Washington. tecting the integrity of the sacred con- The minority leader’s tear-jerking Ms. CANTWELL. Mr. President, I stitutional process, we did our job. performance over the past weekend be- know my colleague from Oregon is Our position was exactly the same, longs at the Screen Actors Guild around somewhere and wanted to speak ironically, as held by former Vice awards, not in a serious discussion of on this rule, and when he shows up on President Biden, former Minority what it takes to keep America safe. the floor, we will certainly give him Leader Harry Reid, and others in ear- Folks back home are fed up with Mem- the time to do so. I want to make a lier times and earlier debates. bers of this body stirring up global couple of points while we are waiting Now that President Trump has an- hysteria to score political points. for him. nounced his nomination, it is time to Let’s be clear. This temporary action First, in this discussion here with my continue doing our job. I hope the mi- is not a so-called Muslim ban, and no colleagues, there is some discussion nority leader and Members of the mi- Muslim ban has been put into place. As and I guess the start of what will be a nority party will walk away from the a matter of fact, the five countries continuing theme that somehow, if you hypocrisy they are already dem- most heavily populated with Muslims get rid of regulations, we are going to onstrating this year. around the world were not included in restore competitiveness to the U.S. Last June, the current minority lead- this temporary pause on movement. In economy. Nothing could be further er tweeted: ‘‘In order for justice to re- fact, almost 90 percent of the world’s from the truth. main a pillar of this nation, we must Muslim population is not even re- If you ask businesses what we need to have a functioning judicial branch. The motely affected by this temporary do to be competitive as a country, they [Supreme Court of the United States] pause. will say: Make sure we have a great must have nine [sitting Justices].’’ The seven countries that were in- education system. Make sure we invest Later that same month, the minority cluded in President Trump’s Executive in R&D. Let’s develop new technology. leader said before the U.S. Senate: order—Iraq, Iran, Syria, Libya, Soma- If we look at where businesses are lo- ‘‘Every day that goes by without a lia, Sudan, and Yemen—were included cating, they want to locate in beau- ninth Justice is another day the Amer- for specific reasons. Each of these na- tiful, pristine places because they ican people’s business is not getting tions was previously identified by know that is where their employees done.’’ So why would the current mi- President Obama as posing national se- will want to locate. So, first of all, that nority leader and some of the Demo- curity threats to the United States. somehow the government is going to crats in this body now say they will fil- This is not a target at any religion; restore the economy by deregulating ibuster any nominee to the Supreme it is simply a temporary pause in the and letting polluters pollute is just not Court before even knowing who would movement of individuals from nations correct. It is not what America wants. be nominated? of concern in order to assess whether What people want is to have safe drink- The minority leader railed on the our current screening system is in the ing water, and they want an outdoor Senate floor. Yet last month he went best possible shape to protect Ameri- economy that is supported by having a on CNN and said: ‘‘We absolutely would cans. I am apoplectic that Members of great environment. keep the seat open . . . we will fight it the minority party and the former So I want to say a couple of other tooth and nail, as long as we have to.’’ President of the United States would things. Obviously, this rule that we are Again, this was before a nominee was actually say or imply otherwise. Their talking about and that has been devel- even announced. comments encouraging civil unrest and oped over a long period of time is an

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.055 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S571 improvement over the 1983 rule because as the coal industry is intent on maintaining Still, the issuing of a strong final Stream it gives us a better idea on the pollu- the status quo. Were that to transpire it Protection Rule is not a foregone conclusion, tion that is happening. Now, if people would mean streams that are at greater risk as the coal industry is intent on maintaining don’t want to know that information, I of being polluted with coal mine waste and the status quo. Were that to transpire it runoff. would mean streams that are at greater risk guess that is OK. The court, counter to Taking all of this into account, it’s clear of being polluted with coal mine waste and what my colleague from West Virginia that whether you’re a fly fisherman or not, runoff. said, did not say that it was suspending the revised rule is something we should all Taking all of this into account, it’s clear the rule. It said that it was still in ef- support. Cleaner waters not only mean bet- that whether you’re a fly fisherman or not, fect, that the pollution had to be ter fishing but cleaner and healthier commu- the revised rule is something we should all cleaned up. It said: Come back and look nities too. support. Cleaner waters not only mean bet- Speaking on behalf of my fellow fly fisher- ter fishing but cleaner and healthier commu- at the economic impact. But somehow, men, I applaud the Department of the Inte- nities too. some are saying that the Supreme rior for its ongoing efforts to enact sensible Speaking on behalf of my fellow fly fisher- Court decision on the MATS rule gave safeguards that protect the federal lands we men, I applaud the Department of Interior EPA and others a get-out-of-jail-free all support and enjoy. It’s time for DOI to for its ongoing efforts to enact sensible safe- card; you don’t have to look at pollut- push the Stream Protection Rule update guards that protect the federal lands we all ants. They have to look at pollutants. across the finish line so we fishermen— support and enjoy. It’s time for DOT to push So what is this issue about? It is Obviously, this letter was written be- the Stream Protection Rule update across the finish line so we fisherman can go back about clean water. fore that— to worrying about the little things—like Mr. President, I wish to enter into can go back to worrying about the little what color fly to cast—rather than fretting the RECORD a couple of articles that I things—like what color fly to cast—rather over groundwater pollution that threatens have seen from constituents. My col- than fretting over groundwater pollution our vibrant ecosystems and jeopardizes our league from West Virginia mentioned a that threatens our vibrant ecosystems and health. jeopardizes our health. few people. These are the real people in Ms. CANTWELL. Mr. President, I can America who want this. Well, I think Mr. Kurtz said it the read others, but these are the people One of them is a gentleman named best. who are concerned about this rule. Ben Kurtz, who happens to be from Mr. President, I ask unanimous con- These are the individuals who want to Grand Junction, CO. This is what he sent that this article be printed in the know whether we are going to do our says: RECORD. job and to say that polluters must pay. There being no objection, the mate- It’s often said that drag is a fly fisher- I believe that if we have the technology rial was ordered to be printed in the man’s greatest enemy. The truth, however, and the rules to do that, why would RECORD, as follows: is that a wet fly or heavy drag is irrelevant miners object? Why would the mining PROTECTION FOR OUR RIVERS AND STREAMS IS if you don’t have clean water to fish. Our industry object to having the correct lakes, rivers, streams and the fish that in- LONG OVERDUE habit them are all extremely sensitive to (By Ben Kurtz) information? I will read another letter from a pollution. And right now, many of these It’s often said that drag is a fly fisher- streams all across our country are being man’s greatest enemy. The truth, however, Montana rancher this time. threatened by dirty groundwater stemming is that a wet fly or heavy drag is irrelevant As a long-time rancher of north of Billings, from coal mines. if you don’t have clean water to fish. Our water supply has been a 70-year-old struggle Despite this, it’s been nearly a decade lakes, rivers, streams and the fish that in- for my ranch. The coal industry has posted a since the Department of Interior has updated habit them are all extremely sensitive to threat to my water supply since the 1970s, its Stream Protection Rule—an inadequate, pollution. And right now, many of these and more recently increased mining, spurred Reagan-era regulation governing impacts to streams all across the country are being by fast-growing markets and the export to waterways from coal mining which was threatened by dirty groundwater stemming Asia, which has sparked water damage weakened even further under the Bush ad- from coal mines. across the West. The limited water we are ministration. Despite this, it’s been nearly a decade talking about in the West makes it doubly For the last six years, DOI has been en- since the Department of Interior has updated valuable and in need of protection. As the gaged in the process of updating and gath- its Stream Protection Rule—an inadequate, saying goes: ‘‘Whiskey is for drinking and ering input on the rule, with the ultimate Reagan-era regulation governing impacts to water is for fighting.’’ So it is absolutely es- goal of revising it to make it more effective, waterways from coal mining which was sential that we protect the water we have, in line with the challenges our waters face weakened even further under the Bush ad- and sometimes that means a stronger rule today as well as the law Congress passed in ministration. from the Federal Government. the 1970s to create it. While it has been a For the last six years, DOT has been en- Most cattle ranchers in the Bull Mountains long time coming, that process now appears gaged in the process of updating and gath- where I live rely on a combination of wells to be coming to a close. ering input on the rule, with the ultimate and natural springs to water our livestock. Once finalized, the revised rule would es- goal of revising it to make it more effective, And like other nearby operations, my ranch tablish common-sense new protections that in line with the challenges our waters face is currently being literally undermined by would safeguard the health of our water- today as well as the law Congress passed in coal mines using massive and destructive ways, and by extension, the communities the 1970s to create it. While it has been a long wall machines that make it difficult for that are impacted by them. For example, the long time coming, that process now appears efficient mining because of surface disrup- rule would strengthen baseline requirements to be coming to a close. tions, impairing coal aquifers, subsiding re- for water quality testing to ensure that coal Once finalized, the revised rule would es- charge areas, and they pull surface streams mining operations are not polluting streams tablish common-sense new protections that underground. I can think of no industry that in a manner similar to that of the old would safeguard the health of our water- degrades water in such a reckless and cava- hardrock mines throughout the West. ways, and by extension, the communities lier way as the coal industry. From acid In addition, the revised standards would that are impacted by them. For example, the mine drainage and thousands of mines’ bur- require coal mines to develop a plan for how rule would strengthen baseline requirements ied headwaters across Appalachia, to eating to protect fish and wildlife while also put- for water quality testing to ensure that coal streams on the prairie that are destroying ting in place measures that will reduce im- mining operations are not polluting streams wells and springs in Montana’s Bull Moun- pacts on habitats and improve reclamation in a manner similar to that of the old tain. of mines that have shuttered. hardrock mines throughout the West. While Montana surface mining laws re- quire reclamation of the area over long I mentioned earlier as a side note to In addition, the revised standards would require coal mines to develop a plan for how mines, reclamation is a slow and uncertain this letter that we have 250 such mines to protect fish and wildlife while also put- process, and water in the existing mines in in our State. ting in place measures that will reduce im- Montana has not been reclaimed, according These proposed changes are just common pacts on habitats and improve reclamation to the bond-released statistics. These pro- sense: The rule is low-cost (independent ana- of mines that have shuttered. posals for mining are to be included along lysts have calculated that the safeguards These proposed changes are just common these rivers and even moving along tribu- would cost between 1 and 60 cents per ton of sense: The rule is low-cost (independent ana- taries, to get it out of the way of coal min- coal that’s mined) and while the revisions lysts have calculated that the safeguards ing. In Wyoming, Angelo Creek is slowly are expected to result in cleaner waters and would cost between 1 and 60 cents per ton of being eaten by a coal mine. With all of it as improved public health, its impact on jobs coal that’s mined) and while the revisions a backdrop, I am happy to see the proposal will be slim to none. are expected to result in cleaner waters and by the Department of the Interior to update Still, the issuing of a strong final Stream improved public health, its impact on jobs this regulation put in place over 30 years Protection Rule is not a foregone conclusion, will be slim to none. ago.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.058 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S572 CONGRESSIONAL RECORD — SENATE February 1, 2017 So the proposed Stream Protection Rule stead is a rule trying to hold back the stream. But it is a far more beau- would safeguard communities from destruc- making sure that we have safe drink- tiful and far healthier river than it was tive coal mining practices and keep pace ing water, safe fishing water, and an before we passed the Clean Water Act. with our current science and modern mining outdoor economy that can count on We have proceeded to be fairly fierce practices. These new rules would minimize about our enforcement. We have pros- impacts to surface and groundwater such as these things. springs on my property by requiring compa- I thank my colleague from Hawaii for ecuted polluters who have bypassed the nies to avoid mining practices that perma- being here earlier and talking about law and dumped the results of their nently pollute and diminish streams, requir- this issue, as well as my colleague who processes directly into our streams and ing coal companies to test and monitor the is the ranking member from the EPW our waterways. We have worked to pro- conditions of streams that their mining committee, Senator CARPER from Dela- tect wetlands, and we have worked to might impact before and during and after op- ware, making an eloquent statement protect estuaries, understanding more erations. and talking about the West Virginia and more about the role these various The proposed rule would also require com- panies to restore streams and other waters economy, as he is a native of West Vir- bodies of water play in our economy that they were using and that were capable ginia, and now my colleague from Or- and play in our natural system and of supporting, like in the ranching area, egon, who is also addressing this issue. making sure they can continue to play prior to the mining activities. The Depart- I appreciate their coming to the floor that role so that we have a sustainable ment of the Interior could also improve parts tonight and being part of this discus- environment, one that is not at war of the stream protection rule by providing sion. with our economy. technical assistance. This is so important to all of us and We have made the two work very It is very well to have good standards and really to all of our country. I think well together, and we have accom- test these out in rules, but if they are poorly plished all this through the debate and implemented on the ground and over time, making sure that people understand the results will be like no rule. So the Inte- how important clean water is to var- dialogue that we have had in the Sen- rior Department’s work to update and mod- ious aspects is so important. So I ate and in the House and that the ex- ernize these decade-old rules and regulations thank my colleague from Oregon. perts have brought to bear in our com- is absolutely essential if we are going to The PRESIDING OFFICER. The Sen- mittee hearing rooms. We have accom- keep a bad situation from getting worse. ator from Oregon. plished it through the testimony of Clean water in the West is too precious to let Mr. MERKLEY. Mr. President, I ap- concerned citizens across the Nation coal companies pollute it or diminish it. preciate the comments just delivered who have identified one particular This happens to be from a woman by my colleague from Washington problem or another problem and have named Ellen Pfister who has a cattle State. Our two States are roughly the brought those challenges to us here in ranch in the Bull Mountains area of same size. They have similar amounts this body, and we have worked to ad- Shepherd, MT. of coastline. We have citizens who dress them. If you have ever visited a So these are just two examples of share a lot of perspective on the coun- nation that didn’t have this kind of people who really want to see us do try and that may be apparent in the process and seen the intense, incredible something. Why? Because clean water comments I am about to make. pollution of its waterways, then you is so important to them. It is so impor- Mr. President, from our earliest days, know what a difference it makes to tant to the outdoor economy, and it is long before the Founding Fathers gath- have this public process. I invite you to important to this particular rancher ered in Philadelphia to declare that 13 visit China and see what happens when who wants to make sure that clean disparate colonies were united and ‘‘ab- there is no public process for taking water is an aspect of their farming. solved from all allegiance to the Brit- into account and rectifying the chal- There are a couple of other points I ish Crown’’ and long before they sought lenges when industrial waste is simply wanted to make about the rule and this to ‘‘form a more perfect Union,’’ our dumped into our waterways. notion that somehow overregulation streams, our rivers, and our lakes have We take a lot of pride in protecting has destroyed the pension program. It been the economic lifeblood of our Na- our streams, our rivers, and our lakes. is so amazing that here in the Senate, tion. They have supported commerce That process has continued over these somebody thinks that overregulation and trade, fishing and agriculture. past years at the Department of the In- could blow that big of a hole into the They have facilitated the ability to terior, where the Office of Surface Min- pension program. The pension program travel the vastness of this continent. ing Reclamation and Enforcement was had a more than 23-percent drop in the They have sustained our growing com- working on the stream protection rule. implosion of the economy in 2008 and munities and served as critical re- I am going to show a picture to give 2009. So that kind of hole was there be- sources for public health. some scale to the type of mining that fore this process. It is sad that now It is no wonder, then, that genera- the Department of the Interior, Office miners who are going to reach a retire- tions of Americans have worked incred- of Surface Mining Reclamation and En- ment age won’t have a pension to re- ibly hard to protect these natural re- forcement was trying to address. We tire on. I think it is appalling that we sources to keep them clean and safe. see here the little tiny tractor. This is bailed out Wall Street and we don’t That is why here, in the Senate and in actually a massive tractor dwarfed by want to help with a pension program the House, in 1972, we passed the Clean the scale of this massive mine. Indeed, that basically took a major hit during Water Act that formed the foundation in many cases, the entire top of the the downturn. What are we saying to for our Nation’s water regulations. It is mountain is blown off to get at the people? We don’t care about those pen- why, 2 years later, the House and Sen- coal seams underneath. In the process, sions, but we will turn over the keys to ate developed and passed the Safe a tremendous amount of rock debris is the Treasury to someone else? Drinking Water Act, to make sure that created and a tremendous amount of So the notion that, somehow, stand- public drinking water supplies are safe fracturing that can lead to water that ing up for clean water is equated with throughout the Nation. moves through the water table eventu- the pension program is just not true. I recall the impact of these acts in ally finds its way into streams. We support those workers. We will do my home State of Oregon. The Klam- The goal has been to find a way that anything to help them from all aspects ath River was considered extraor- this type of mining can be done in re- of that picture, including giving them dinarily polluted. You could boat down spectful balance with the streams that a pension and making sure they have it and see pipes dumping into it at reg- are further down the mountainside. health care and retirement. We have ular intervals. Then, over time, as the That is the challenge, and it wasn’t had that discussion, and many of my State worked hard to identify those easy to address. That is why this rule colleagues had that discussion here pipes, remove those pipes, and make has been under development for 7 late into the night just at the end of sure that all pollution went through years, from 2009 right up through De- last year. I am sure that we are wait- water treatment, the river got better. cember of 2016—virtually the entire ing for a response from Leader MCCON- It got healthier. length of the Obama administration. NELL as to when he is going to put that Now, it is not without its problems. During this period of consideration, kind of legislation on the Senate floor. Its problems still exist. There is still there have been multiple reiterations But, unfortunately, what we have in- nonpoint pollution that affects life in of what the rule could look like and

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.059 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S573 what actually works in the real world, market are changing. We see that nat- have measured it. According to the En- with stakeholder after stakeholder ural gas prices have dropped so low vironmental Protection Agency’s sta- after stakeholder saying: This is what that many utilities are shutting down tistics, valley fills from mountaintop you have to do to make it work. The their coal plants and they are opening removal are responsible for burying goal was that this type of mining up natural gas plants or they are in- 2,000 miles of vital Appalachian head- would be done, but not in a fashion vesting in wind or solar renewables. water streams. Now, 2,000 miles is a lot which would destroy the streams. That But we need to recognize that for 150 of streams. Picture 2,000 miles of a is why it took so much hard work to do years coal mining families have blue-green stream reduced not just to a this. worked incredibly hard, at great per- toxic red stream but to no stream at There were hundreds of hours of sonal risk to their health, to put meals all because it has been completely cov- meetings, responses to over 114,000 on their tables and to provide power to ered and eliminated. That is a lot of comments on the rule. But here we are our Nation. So let’s have this conversa- fishing holes that are gone forever. in the evening, with little attention tion about protecting our streams with In addition to that, we know the fish being paid by the vast bulk of Senators a full respect for the mining economy populations downstream have been re- spending just a couple hours and plan- and the families that have put their duced by two-thirds from the places ning to undo this work. lives at stake and worked to put food where mountaintop removal is occur- Under the Senate rules under the on the table. ring. Congressional Review Act, we have just There is no reason we can’t do what We know that communities nearby 10 hours of debate. Some of that can be we have done in so many other parts of are contending with contaminated yielded back by one side or the other, our economy to make the industrial drinking water and that babies are so maybe it will only be a few hours of process or the manufacturing process being born with higher rates of birth debate. In those few hours, we hold in or the mining process be one that defects. I think about the birth of my our hands the fate of the streams works in harmony with our environ- two children. Like every parent, we downstream from this mining. This is ment, instead of at odds with the envi- pray and hope that the child is going to the premise: Will they conduct this ronment. That is the goal of the be born free of birth defects. mining in a fashion and followup with stream protection rule. It updates our So this rule is about something very restoration to protect the streams that 30-year-old coal mining regulations to close to our hearts. For some, it is the will otherwise be devastatingly im- better reflect the industry as it is beauty of natural streams. For some, it pacted? today, in 2017. is the opportunity to fish and see won- I am going to say yes. Let’s take to The fact is, we know a great deal derful natural places. But for others, it heart the 100,000-plus hours of work or more about the impacts of various coal comes straight to the question of the 114,000 comments and the mul- mining processes on both the people whether their children are going to be titude of meetings over 6 years, the and communities and environment— born with birth defects. At the other work of professionals who talked to much more now than we did when most end of life, we see downstream elevated every stakeholder. Let’s take to heart of the regulations were put together levels of lung cancer, elevated levels of their work and not undo it in just an decades ago. We know that when we heart disease, elevated levels of kidney hour or two here on the floor. use explosives to blast the summit of a disease, elevated levels of hyper- The Senate works in a way now that, mountain as is done in mountaintop re- tension. even with something that has such a moval, everything gets blasted up into So I ask: Is it right that here, in the profound impact, Senators aren’t here the air and pushed down into the val- dark of night, with just a few hours of listening to each other; thus, we are leys where it ends up in rivers and discussion and virtually no one here in not sharing our thoughts back and streams. What is the result of that? If the Senate Chamber, we are going to forth the way the old Senate used to that newly blasted rock doesn’t block undo 7 years of work designed to re- debate. It is almost in silence that we the flow of the river and streams en- duce birth defects, reduce lung cancer, are undoing or potentially undoing all tirely, it is still in constant contact reduce heart disease, reduce kidney of this work. Shouldn’t we be cele- with them, leaching out pollutants disease, reduce hypertension, reduce brating that so many folks came to- into the water, and those pollutants in- contaminated drinking water? gether to craft a strategy that would clude things like heavy metals and In just a few short hours, we will be not cause this type of mining to de- other toxics that pose enormous making a decision that will result in stroy the down-mountain streams? threats to the region’s fish and to the an impact on thousands of people, as Let me show an example of what a plants and to the animals and, yes, well as thousands of miles of streams. down-mountain stream looks like. This even to the people who live down- The stream protection rule is pretty is a stream that probably ran blue not stream. There are pollutants like sele- straightforward in its design. I will too long ago. It now runs orange. It is nium, a metalloid that is toxic to fish give a few details about what it is in- full of toxic metals and who knows even at a very low level, causing de- tended to do. what. I rather doubt that any Member formities, causing reproductive fail- One is that it improves construction of the Senate would volunteer to go ures, causing death. standards for waste piles. What is a and take a cup of water from this One way to tell the health of a waste pile? Well, it is pretty much stream and drink it. We can just look stream is that it has life in it, but I what it sounds like. It is a pile built at it and know it is deadly. doubt anyone would come out and say: from accumulated rock waste that is So we are trying to keep in place a Last year, I fished here when this was removed when you do mountaintop rule carefully crafted so this stream— a blue-green stream, but this year I am mining. Why do we need to improve which not so long ago ran blue or ran not because with one glance at this their construction? Because these piles turquoise or deep green because it was stream, you know all the fish are dead. grow to enormous size. They can in- a natural stream without this dev- There are other pollutants like cad- volve millions and millions of tons of astating pollution—will stay in that mium, a pollutant that is not safe at rock and debris. Over time, erosion in natural state. That is the goal. That is any level and has been tied to cancer in the soil around them can create dan- the point of this rule. humans. So as cadmium goes down into gerous, unstable slopes that can even- I want to be very clear that the water, flows into the streams and cities tually produce landslides. So how you stream protection rule is designed to and small towns further down, it adds design it matters. These coal piles can enable mining and stream sustain- to the health risks of the folks living have high levels of coal dust or hydro- ability to go hand-in-hand. Coal mining in the areas. carbons. And then there is the acid is changing in America. It has adopted Waste dumps called valley fills are rock drainage. As water comes down in a number of practices that have made left in place even when the mining is rain and it percolates down through it safer. Machinery has also gotten big- completed and the company moves on. these, it ends up seeping out into the ger in ways that mean far fewer people We know that the rubble from moun- groundwater or into the stream and are employed in it. It is also changing taintop mining is impacting our poisoning the groundwater or poi- because the economies of the energy streams and waterways because we soning the stream.

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.060 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S574 CONGRESSIONAL RECORD — SENATE February 1, 2017 That is why it matters how you have tributaries, the Coldwater Fork, a 10- The PRESIDING OFFICER (Mr. a construction standard for a waste foot-wide stream, became 100 yards of SCOTT). The Senator from Rhode Is- pile. Isn’t it smart to have such a slurry. In some places, the spill was land. standard in place and one that has been over 5 feet deep. It spread out and cov- Mr. WHITEHOUSE. Mr. President, it developed over hundreds of meetings ered people’s yards on the banks. Hun- is my understanding that the Senator over 6 years so that mining is much dreds of miles of the Big Sandy River will take us through the closing script, more compatible with clean streams were polluted as a result as the stuff and as a part of that, I will be recog- and healthy people? washed down the stream. The Ohio nized in the order to make my re- Another thing this rule does is it en- River was polluted. The water supply marks. hances restoration by strengthening for 27,000 people was contaminated. With that understanding, I yield the bonding requirements. It is not un- It is not that it has just happened floor. known, unfortunately, that coal min- once; it has happened other times. It What if I suggest that I begin my re- ers would just abandon the mine once happened in Buffalo Creek Hollow, WV, marks, that you give me the high sign their operations were finished, leaving in 1972. In that case, it was 132 million whenever the closing script is pre- all sorts of undone business that adds gallons of slurry. That is about a third pared—it is. Never mind. to the enormous contamination that of the size of the other spills, so I guess I yield the floor. even a small amount of mining can do. you could say that instead of being 30 The PRESIDING OFFICER. This is In 1977, Congress passed a law saying times Exxon Valdez, it was only 10 the high sign. that miners needed to restore the land times Exxon Valdez. But it did a lot of Mr. WHITEHOUSE. The high sign has after their mining operation was com- damage. It created a wave going down- been received. pleted and that they needed to provide stream that was 30 feet high. Can you The PRESIDING OFFICER. The Sen- a bond up front to pay for the cleanup imagine how much material is required ator from Colorado. cost just in case the company decided to create a wave of—a flash flood of f it didn’t want to follow through on the coal slurry 30 feet high? This didn’t cleanup after it completed extracting happen away from human civilization; MORNING BUSINESS the coal. Strengthening that and mak- this wave of coal slurry killed 125 peo- Mr. GARDNER. Mr. President, I ask ing sure the bonding process actually ple. This wave of toxic coal slurry hit unanimous consent that the Senate be works right, that the bond is actually and injured over 1,000 more people— in a period of morning business, with there to do the cleanup, makes a lot of 1,121 more people. It left 4,000 people Senators permitted to speak therein sense. homeless, wiped out their homes and for up to 10 minutes each. Years ago, I was immersed in first de- their towns. The PRESIDING OFFICER. Without veloping housing with Habitat for Hu- That is the type of damage that can objection, it is so ordered. manity and then building affordable occur, so why not have a rule that has f multiplexes for a nonprofit, Human So- looked at how these ponds are created lutions. Companies that were being and said, here is a standard so that the VOTE EXPLANATION paid to do their work had a construc- pond is not overloaded or overtopped or tion bond. The bond made sure that if Mr. DURBIN. Mr. President, I was the wall does not collapse and cause a necessarily absent for the votes on the the company somehow disappeared in tidal wave that will kill more than 100 the middle of the night, the work was motion to proceed to legislative ses- people or injure more than 1,000 or sion and the motion to procced to a going to get done. That bond was very leave 4,000 people homeless. Having a important to the nonprofit, that what joint resolution disapproving the rule standard is the logical thing to do. It submitted by the Department of the In- they were investing in—the payments helps the companies because then they they made were actually going to re- terior known as the Stream Protection know exactly what they need to do to Rule, H.J. Res. 38. sult in what was contracted to be deliv- make that pond safe. ered. That is the same thing here. A On vote No. 41, had I been present, I Those are some examples of what is company that comes in and says: We would have voted ‘‘nay’’ on the motion in this rule. got permission to mine—it is saying to to proceed to legislative session. I think it is important to understand the public, with a good bonding sys- On vote No. 42, had I been present, I another factor. This rule requires care- tem, yes, you can be confident that the would have voted ‘‘nay’’ on the motion ful mapping before the mining is done cleanup work will be done. That needed to proceed to H.J. Res. 38. so that the restoration process can be to be strengthened because often it is f held accountable to restore the con- not done. That is another piece of this tours that existed previously, or as COMMITTEE ON AGRICULTURE, puzzle. Then there is another piece that is close as you can get. Without an under- NUTRITION, AND FORESTRY related to coal slurry and reducing the standing of what the land looked like odds of coal slurry causing a lot of beforehand, it is hard to say what it RULES OF PROCEDURE damage. Coal slurry is liquid waste should look like when it is restored. generated when mined coal is washed Those are commonsense measures. Mr. ROBERTS. Mr. President, the off. You have a lot of water that is That is it. Common sense. Common Committee on Agriculture, Nutrition, thickened with debris from washing standards for safety, for protection of and Forestry has adopted rules gov- the coal, and it can be held in a basin, the streams and the wildlife and the erning its procedures for the 115th Con- but if the walls of that basin fail and people. Isn’t that what we should be all gress. Pursuant to rule XXVI, para- that coal slurry gets into the streams, about? Shouldn’t we not be undoing graph 2, of the Standing Rules of the it does massive damage. that, as we will be in a couple of hours, Senate, on behalf of myself and Sen- That transpired in Martin County, in a deserted Senate Chamber in the ator STABENOW, I ask unanimous con- KY, 16 years ago. An estimated 306 mil- middle of the night? That is wrong. sent that a copy of the committee rules lion gallons of slurry spilled into two If you want to change these stand- be printed in the RECORD. tributaries of the Tug Fork River. How ards—and I say this to my colleagues, There being no objection, the mate- much is 306 million gallons? It is a lot and I know many do care a great deal rial was ordered to be printed in the of swimming pools, almost more than about the environment—then have the RECORD, as follows: you can imagine. Another way to look courage to do it in daylight. Have the RULES OF THE COMMITTEE ON AGRI- at it is it is 30 times larger than the courage to do it in a committee. Have CULTURE, NUTRITION, AND FORESTRY Exxon Valdez oilspill, one of the worst the courage to invite the public in to 115th Congress environmental disasters ever. testify. But here we are tonight, hiding RULE I—MEETINGS from the population across America, There it is. It was a big, massive 1.1 Regular Meetings.—Regular meetings pond that spilled into the forests and undoing this important work for the shall be held on the first and third Wednes- into the rivers in that situation in safety of our people. That is wrong. day of each month when Congress is in ses- Martin County. Overnight, one of the Mr. President, I yield the floor. sion.

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.062 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S575 1.2 Additional Meetings.—The Chairman, vance of the hearing, a written statement of mittee to report a measure or matter shall in consultation with the ranking minority his or her testimony and as many copies as require the concurrence of a majority of member, may call such additional meetings the Chairman of the committee or sub- those members who are physically present at as he deems necessary. committee prescribes. the time the vote is taken. 1.3 Notification.—In the case of any meet- 3.3 Minority Witnesses.—In any hearing RULE 6—VOTING ing of the committee, other than a regularly conducted by the committee, or any sub- 6.1 Rollcalls.—A roll call vote of the mem- scheduled meeting, the clerk of the com- committee thereof, the minority members of bers shall be taken upon the request of any mittee shall notify every member of the the committee or subcommittee shall be en- member. committee of the time and place of the meet- titled, upon request to the Chairman by the 6.2 Proxies.—Voting by proxy as authorized ing and shall give reasonable notice which, ranking minority member of the committee by the Senate rules for specific bills or sub- except in extraordinary circumstances, shall or subcommittee to call witnesses of their jects shall be allowed whenever a quorum of be at least 24 hours in advance of any meet- selection during at least 1 day of such hear- the committee is actually present. ing held in Washington, DC, and at least 48 ing pertaining to the matter or matters 6.3 Polling.—The committee may poll any hours in the case of any meeting held outside heard by the committee or subcommittee. matters of committee business, other than a Washington, DC. 3.4 Swearing in of Witnesses.—Witnesses in vote on reporting to the Senate any meas- 1.4 Called Meeting.—If three members of committee or subcommittee hearings may be ures, matters or recommendations or a vote the committee have made a request in writ- required to give testimony under oath when- on closing a meeting or hearing to the pub- ing to the Chairman to call a meeting of the ever the Chairman or ranking minority lic, provided that every member is polled and committee, and the Chairman fails to call member of the committee or subcommittee every poll consists of the following two ques- such a meeting within 7 calendar days there- deems such to be necessary. tions: (1) Do you agree or disagree to poll the after, including the day on which the written 3.5 Limitation.—Each member shall be proposal; and (2) Do you favor or oppose the notice is submitted, a majority of the mem- limited to 5 minutes in the questioning of proposal. If any member requests, any mat- bers may call a meeting by filing a written any witness until such time as all members ter to be polled shall be held for meeting notice with the clerk of the committee who who so desire have had an opportunity to rather than being polled. The chief clerk of shall promptly notify each member of the question a witness. Questions from members the committee shall keep a record of all committee in writing of the date and time of shall rotate from majority to minority mem- polls. the meeting. bers in order of seniority or in order of ar- 1.5 Adjournment of Meetings.—The Chair- rival at the hearing. RULE 7—SUBCOMMITTEES man of the committee or a subcommittee RULE 4—NOMINATIONS 7.1 Assignments.—To assure the equitable shall be empowered to adjourn any meeting 4.1 Assignment.—All nominations shall be assignment of members to subcommittees, of the committee or a subcommittee if a considered by the full committee. no member of the committee will receive as- quorum is not present within 15 minutes of 4.2 Standards.—In considering a nomina- signment to a second subcommittee until, in the time scheduled for such meeting. tion, the committee shall inquire into the order of seniority, all members of the com- RULE 2—MEETINGS AND HEARINGS IN GENERAL nominee’s experience, qualifications, suit- mittee have chosen assignments to one sub- 2.1 Open Sessions.—Business meetings and ability, and integrity to serve in the position committee, and no member shall receive as- hearings held by the committee or any sub- to which he or she has been nominated. signment to a third subcommittee until, in committee shall be open to the public except 4.3 Information.—Each nominee shall sub- order of seniority, all members have chosen as otherwise provided for in Senate Rule mit in response to questions prepared by the assignments to two subcommittees. XXVI, paragraph 5. committee the following information: (1) A 7.2 Attendance.—Any member of the com- 2.2 Transcripts.—A transcript shall be kept detailed biographical resume which contains mittee may sit with any subcommittee dur- of each business meeting and hearing of the information relating to education, employ- ing a hearing or meeting but shall not have committee or any subcommittee unless a ment, and achievements; (2) Financial infor- the authority to vote on any matter before majority of the committee or the sub- mation, including a financial statement the subcommittee unless he or she is a mem- committee agrees that some other form of which lists assets and liabilities of the nomi- ber of such subcommittee. permanent record is preferable. nee; and (3) Copies of other relevant docu- 7.3 Ex Officio Members.—The Chairman 2.3 Reports.—An appropriate opportunity ments requested by the committee. Informa- and ranking minority member shall serve as shall be given the Minority to examine the tion received pursuant to this subsection nonvoting ex officio members of the sub- proposed text of committee reports prior to shall be available for public inspection ex- committees on which they do not serve as their filing or publication. In the event there cept as specifically designated confidential voting members. The Chairman and ranking are supplemental, minority, or additional by the committee. minority member may not be counted to- views, an appropriate opportunity shall be 4.4 Hearings.—The committee shall con- ward a quorum. given the Majority to examine the proposed duct a public hearing during which the nomi- 7.4 Scheduling.—No subcommittee may text prior to filing or publication. nee shall be called to testify under oath on schedule a meeting or hearing at a time des- 2.4 Attendance.—(a) Meetings. Official at- all matters relating to his or her suitability ignated for a hearing or meeting of the full tendance of all markups and executive ses- for office. No hearing shall be held until at committee. No more than one subcommittee sions of the committee shall be kept by the least 48 hours after the nominee has re- business meeting may be held at the same committee clerk. Official attendance of all sponded to a prehearing questionnaire sub- time. subcommittee markups and executive ses- mitted by the committee. 7.5 Discharge.—Should a subcommittee fail sions shall be kept by the subcommittee 4.5 Action on Confirmation.—A business to report back to the full committee on any clerk. (b) Hearings. Official attendance of all meeting to consider a nomination shall not measure within a reasonable time, the Chair- hearings shall be kept, provided that, Sen- occur on the same day that the hearing on man may withdraw the measure from such ators are notified by the committee Chair- the nominee is held. The Chairman, with the subcommittee and report that fact to the man and ranking minority member, in the agreement of the ranking minority member, full committee for further disposition. The case of committee hearings, and by the sub- may waive this requirement. full committee may at any time, by major- committee Chairman and ranking minority RULE 5—QUORUMS ity vote of those members present, discharge a subcommittee from further consideration member, in the case of subcommittee hear- 5.1 Testimony—For the purpose of receiv- of a specific piece of legislation. ings, 48 hours in advance of the hearing that ing evidence, the swearing of witnesses, and 7.6 Application of Committee Rules to Sub- attendance will be taken. Otherwise, no at- the taking of sworn or unsworn testimony at committees.—The proceedings of each sub- tendance will be taken. Attendance at all any duly scheduled hearing, a quorum of the committee shall be governed by the rules of hearings is encouraged. committee and the subcommittee thereof the full committee, subject to such author- RULE 3—HEARING PROCEDURES shall consist of one member. izations or limitations as the committee 3.1 Notice.—Public notice shall be given of 5.2 Business.—A quorum for the trans- may from time to time prescribe. the date, place, and subject matter of any action of committee or subcommittee busi- hearing to be held by the committee or any ness, other than for reporting a measure or RULE 8—INVESTIGATIONS, SUBPOENAS AND subcommittee at least 1 week in advance of recommendation to the Senate or the taking DEPOSITIONS such hearing unless the Chairman of the full of testimony, shall consist of one-third of 8.1 Investigations.—Any investigation un- committee or the subcommittee determines the members of the committee or sub- dertaken by the committee or a sub- that the hearing is noncontroversial or that committee, including at least one member committee in which depositions are taken or special circumstances require expedited pro- from each party. subpoenas issued, must be authorized by a cedures and a majority of the committee or 5.3 Reporting.—A majority of the member- majority of the members of the committee the subcommittee involved concurs. In no ship of the committee shall constitute a voting for approval to conduct such inves- case shall a hearing be conducted with less quorum for reporting bills, nominations, tigation at a business meeting of the com- than 24 hours notice. matters, or recommendations to the Senate. mittee convened in accordance with Rule 1. 3.2 Witness Statements.—Each witness who No measure or recommendation shall be or- 8.2 Subpoenas.—The Chairman, with the is to appear before the committee or any dered reported from the committee unless a approval of the ranking minority member of subcommittee shall file with the committee majority of the committee members are the committee, is delegated the authority to or subcommittee, at least 24 hours in ad- physically present. The vote of the com- subpoena the attendance of witnesses or the

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.044 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S576 CONGRESSIONAL RECORD — SENATE February 1, 2017 production of memoranda, documents, shall consist of nineteen Members. The Mem- 2. Notice and Agenda: records, or any other materials at a hearing bers and chairman of the special committee (a) Written or Electronic Notice. The of the committee or a subcommittee or in shall be appointed in the same manner and Chairman shall give the Members written or connection with the conduct of an investiga- at the same time as the Members and chair- electronic notice of any Committee meeting, tion authorized in accordance with para- man of a standing committee of the Senate. accompanied by an agenda enumerating the graph 8.1. The Chairman may subpoena at- After the date on which the majority and mi- items of business to be considered, at least 5 tendance or production without the approval nority Members of the special committee are days in advance of such meeting. of the ranking minority member when the initially appointed on or affect the effective (b) Shortened Notice. A meeting may be Chairman has not received notification from date of title I of the Committee System Re- called on not less than 24 hours notice if the the ranking minority member of disapproval organization Amendments of 1977, each time Chairman, with the concurrence of the of the subpoena within 72 hours, excluding a vacancy occurs in the Membership of the Ranking Minority Member, determines that Saturdays and Sundays, of being notified of special committee, the number of Members there is good cause to begin the meeting on the subpoena. If a subpoena is disapproved by of the special committee shall be reduced by shortened notice. An agenda will be fur- the ranking minority member as provided in one until the number of Members of the spe- nished prior to such a meeting. this paragraph the subpoena may be author- cial committee consists of nine Senators. 3. Presiding Officer. The Chairman shall preside when present. If the Chairman is not ized by vote of the members of the com- 2. For the purposes of paragraph I of rule present at any meeting, the Ranking Major- mittee. When the committee or Chairman XXV; paragraphs 1, 7(a)(1)–(2), 9, and 10(a) of ity Member present shall preside. authorizes subpoenas, subpoenas may be rule XXVI; and paragraphs 1(a)–(d), and 2(a) and (d) of rule XXVII of the Standing Rules II. Convening of Hearings issued upon the signature of the Chairman or 1. Notice. The Committee shall make pub- any other member of the committee des- of the Senate; and the purposes of section 202(I) and (j) of the Legislative Reorganiza- lic announcement of the date, place and sub- ignated by the Chairman. ject matter of any hearing at least one week 8.3 Notice for Taking Depositions.—Notices tion Act of 1946, the special committee shall be treated as a standing committee of the before its commencement. A hearing may be for the taking of depositions, in an investiga- called on not less than 24 hours notice if the tion authorized by the committee, shall be Senate. B.1. It shall be the duty of the special com- Chairman, with the concurrence of the authorized and be issued by the Chairman or mittee to conduct a continuing study of any Ranking Minority Member, determines that by a staff officer designated by him. Such no- and all matters pertaining to problems and there is good cause to begin the hearing on tices shall specify a time and place for exam- opportunities of older people, including, but shortened notice. ination, and the name of the Senator, staff not limited to, problems and opportunities of 2. Presiding Officer. The Chairman shall officer or officers who will take the deposi- maintaining health, of assuring adequate in- preside over the conduct of a hearing when tion. Unless otherwise specified, the deposi- present, or, whether present or not, may del- come, of finding employment, of engaging in tion shall be in private. The committee shall egate authority to preside to any Member of productive and rewarding activity, of secur- not initiate procedures leading to criminal the Committee. ing proper housing, and when necessary, of or civil enforcement proceedings for a wit- 3. Witnesses. Witnesses called before the obtaining care or assistance. No proposed ness’ failure to appear unless the deposition Committee shall be given, absent extraor- legislation shall be referred to such com- notice was accompanied by a committee sub- dinary circumstances, at least 48 hours no- mittee, and such committee shall not have poena. tice, and all witnesses called shall be fur- power to report by bill, or otherwise have 8.4 Procedure for Taking Depositions.— nished with a copy of these rules upon re- legislative jurisdiction. Witnesses shall be examined upon oath ad- quest. 2. The special committee shall, from time ministered by an individual authorized by 4. Oath. All witnesses who testify to mat- to time (but not less than once year), report local law to administer oaths. The Chairman ters of fact shall be sworn unless the Com- to the Senate the results of the study con- will rule, by telephone or otherwise, on any mittee waives the oath. The Chairman, or ducted pursuant to paragraph (1), together objection by a witness. The transcript of a any Member, may request and administer with such recommendation as it considers deposition shall be filed with the committee the oath. appropriate. clerk. 5. Testimony. At least 48 hours in advance C.1. For the purposes of this section, the of a hearing, each witness who is to appear RULE 9—AMENDING THE RULES special committee is authorized, in its dis- before the Committee shall submit his or her These rules shall become effective upon cretion, (A) to make investigations into any testimony by way of electronic mail, in a publication in the Congressional Record. matter within its jurisdiction, (B) to make format determined by the Committee and These rules may be modified, amended, or re- expenditures from the contingent fund of the sent to an electronic mail address specified pealed by the committee, provided that all Senate, (C) to employ personnel, (D) to hold by the Committee, unless the Chairman and members are present or provide proxies or if hearings, (E) to sit and act at any time or Ranking Minority Member determine that a notice in writing of the proposed changes place during the sessions, recesses, and ad- there is good cause for a witness’s failure to has been given to each member at least 48 journed periods of the Senate, (F) to require, do so. A witness shall be allowed no more hours prior to the meeting at which action by subpoena or otherwise, the attendance of than five minutes to orally summarize his or thereon is to be taken. The changes shall be- witnesses and the production of correspond- her prepared statement. Officials of the fed- come effective immediately upon publication ence books, papers, and documents, (G) to eral government shall file 40 copies of such of the changed rule or rules in the Congres- take depositions and other testimony, (H) to statement with the clerk of the Committee sional Record, or immediately upon approval procure the serve of individual consultants 48 hours in advance of their appearance, un- of the changes if so resolved by the com- or organizations thereof (as authorized by less the Chairman and the Ranking Minority mittee as long as any witnesses who may be section 202(I) of the Legislative Reorganiza- Member determine there is good cause for affected by the change in rules are provided tion Act of 1946, as amended) and (I) with the noncompliance. with them. prior consent of the Government department 6. Counsel. A witness’s counsel shall be or agency concerned and the Committee on permitted to be present during his testimony f Rules and Administration, to use on a reim- at any public or closed hearing or deposi- SPECIAL COMMITTEE ON AGING bursable basis the services of personnel of tions or staff interview to advise such wit- any such department or agency. ness of his or her rights, provided, however, 2. The chairman of the special committee that in the case of any witness who is an offi- RULES OF PROCEDURE or any Member thereof may administer cer or employee of the government, or of a oaths to witnesses. corporation or association, the Chairman Ms. COLLINS. Mr. President, I ask 3. Subpoenas authorized by the special may rule that representation by counsel unanimous consent that the Special committee may be issued over the signature from the government, corporation, or asso- Committee on Aging, having adopted of the chairman, or any Member of the spe- ciation creates a conflict of interest, and rules governing its procedures for the cial committee designated by the chairman, that the witness shall be represented by per- 115th Congress, have a copy of their and may be served by any person designated sonal counsel not from the government, cor- by the chairman or the Member signing the rules printed in the RECORD, pursuant poration, or association. subpoena. to rule XXVI, paragraph 2, of the 7. Transcript. An accurate electronic or D. All records and papers of the temporary stenographic record shall be kept of the tes- Standing Rules of the Senate. Special Committee on Aging established by timony of all witnesses in closed sessions There being no objection, the mate- Senate Resolution 33, Eighty-seventh Con- and public hearings. Any witness shall be af- rial was ordered to be printed in the gress, are transferred to the special com- forded, upon request, the right to review RECORD, as follows: mittee. that portion of such record, and for this pur- SPECIAL COMMITTEE ON AGING RULES OF PROCEDURE pose, a copy of a witness’s testimony in pub- I. Convening of Meetings lic or closed session shall be provided to the COMMITTEE RULES 115TH CONGRESS 1. Meetings. The Committee shall meet to witness. Upon inspecting his or her tran- JURISDICTION AND AUTHORITY conduct Committee business at the call of script, within a time limit set by the com- A.1. There is established a Special Com- the Chairman. The Members of the Com- mittee clerk, a witness may request changes mittee on Aging (hereafter in this section re- mittee may call additional meetings as pro- in testimony to correct errors of tran- ferred to as the ‘‘special committee’’) which vided in Senate Rule XXVI(3). scription, grammatical errors, and obvious

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.044 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S577 errors of fact. The Chairman or a staff officer mittee business, other than a final vote on evance or privilege, the Committee staff may designated by him shall rule on such request. reporting, providing a minority Member is proceed with the deposition, or may at that 8. Impugned Persons. Any person who be- present. time or at a subsequent time, seek a ruling lieves that evidence presented, or comment 3. Hearings. One Member shall constitute a by telephone or otherwise on the objection made by a Member or staff, at a public hear- quorum for the receipt of evidence, the from a Member of the Committee. If the ing or at a closed hearing concerning which swearing of witnesses, and the taking of tes- Member overrules the objection, he or she there have been public reports, tends to im- timony at hearings. may refer the matter to the Committee or pugn his or her character or adversely affect 4. Polling: the Member may order and direct the wit- his or her reputation may: (a) Subjects. The Committee may poll (1) ness to answer the question, but the Com- (a) file a sworn statement of facts relevant internal Committee matters including those mittee shall not initiate the procedures lead- to the evidence or comment, which shall be concerning the Committee’s staff, records, ing to civil or criminal enforcement unless placed in the hearing record; and and budget; (2) Committee rules changes and the witness refuses to testify after he or she (b) request the opportunity to appear per- (3) other Committee business which has been has been ordered and directed to answer by a sonally before the Committee to testify in designated for polling at a meeting. Member of the Committee. his or her own behalf. (b) Procedure. The Chairman shall cir- 4. Filing. The Committee staff shall see 9. Minority Witnesses. Whenever any hear- culate polling sheets to each Member speci- that the testimony is transcribed or elec- ing is conducted by the Committee, the fying the matter being polled and the time tronically recorded. Ranking Member shall be entitled to call at limit for completion of the poll. If any Mem- 5. Commissions. The Committee may au- least one witness to testify or produce docu- ber so requests in advance of the meeting, thorize the staff, by issuance of commis- ments with respect to the measure or matter the matter shall be held for meeting rather sions, to fill in prepared subpoenas, conduct under consideration at the hearing. Such re- than being polled. The clerk shall keep a field hearings, inspect locations, facilities, quest must be made before the completion of record of polls. If the Chairman determines or systems of records, or otherwise act on be- the hearing or, if subpoenas are required to that the polled matter is one of the areas half of the Committee. Commissions shall be call the minority witnesses, no later than enumerated in Rule III(1), the record of the accompanied by instructions from the Com- three days before the hearing. poll shall be confidential. Any Member may mittee regulating their use. 10. Conduct of Witnesses, Counsel and request a Committee meeting following a VIII. Subcommittees Members of the Audience. If, during public or poll for a vote on the polled decision. 1. Establishment. The Committee will op- executive sessions, a witness, his or her VI. Investigations erate as a Committee of the Whole, reserving counsel, or any spectator conducts him or 1. Authorization for Investigations. All in- to itself the right to establish temporary herself in such a manner as to prevent, im- vestigations shall be conducted on a bipar- subcommittees at any time by majority pede, disrupt, obstruct, or interfere with the tisan basis by Committee staff. Committee vote. The Chairman of the full Committee orderly administration of such hearing the investigations may be initiated by the Com- and the Ranking Minority Member shall be Chairman or presiding Member of the Com- mittee staff upon the approval of the Chair- ex officio Members of all subcommittees. mittee present during such hearing may re- man and the Ranking Minority Member. 2. Jurisdiction. Within its jurisdiction as quest the Sergeant at Arms of the Senate, Staff shall keep the Committee fully in- described in the Standing Rules of the Sen- his representative or any law enforcement formed of the progress of continuing Com- ate, each subcommittee is authorized to con- official to eject said person from the hearing mittee investigations, except where the duct investigations, including use of sub- room. Chairman and the Ranking Minority Member poenas, depositions, and commissions. III. Closed Sessions and Confidential Mate- agree that there exists temporary cause for 3. Rules. A subcommittee shall be governed rials more limited knowledge. by the Committee rules, except that its 2. Subpoenas. The Chairman and Ranking 1. Procedure. All meetings and hearings quorum for all business shall be one-third of Minority Member, acting together, shall au- shall be open to the public unless closed. To the subcommittee Membership, and for hear- thorize a subpoena. Subpoenas for the at- close a meeting or hearing or portion there- ings shall be one Member. tendance of witnesses or the production of of, a motion shall be made and seconded to IX. Reports memoranda, documents, records, or any go into closed discussion of whether the Committee reports incorporating Com- other materials shall be issued by the Chair- meeting or hearing will concern Committee mittee findings and recommendations shall man, or by any other Member of the Com- investigations or matters enumerated in be printed only with the prior approval of a mittee designated by him. Prior to the Senate Rule XXVI(5)(b). Immediately after majority of the Committee, after an ade- issuance of each subpoena, the Ranking Mi- such discussion, the meeting or hearing or quate period for review and comment. The nority Member, and any other Member so re- portion thereof may be closed by a vote in printing, as Committee documents, of mate- questing, shall be notified regarding the open session of a majority of the Members of rials prepared by staff for informational pur- identity of the person to whom the subpoena the Committee present. poses, or the printing of materials not origi- will be issued and the nature of the informa- 2. Witness Request. Any witness called for nating with the Committee or staff, shall re- tion sought, and its relationship to the in- a hearing may submit a written or an elec- quire prior consultation with the minority vestigation. tronic request to the Chairman no later than staff; these publications shall have the fol- 3. Committee Investigative Reports. All re- twenty-four hours in advance for his or her lowing language printed on the cover of the ports containing Committee findings or rec- examination to be in closed or open session. document: ‘‘Note: This document has been ommendations stemming from Committee The Chairman shall inform the Committee of printed for informational purposes. It does investigations shall be printed only with the any such request. not represent either findings or rec- 3. Confidential Matter. No record made of a approval of a majority of the Members of the ommendations formally adopted by the Com- closed session, or material declared confiden- Committee. mittee.’’ tial by a majority of the Committee, or re- VII. Depositions and Commissions X. Amendment of Rules port of the proceedings of a closed session, 1. Notice. Notices for the taking of deposi- The rules of the Committee may be amend- shall be made public, in whole or in part or tions in an investigation authorized by the ed or revised at any time, provided that not by way of summary, unless specifically au- Committee shall be authorized and issued by less than a majority of the Committee thorized by the Chairman and Ranking Mi- the Chairman or by a staff officer designated present so determine at a Committee meet- nority Member. by him. Such notices shall specify a time and ing preceded by at least 3 days notice of the IV. Broadcasting place for examination, and the name of the amendments or revisions proposed or via 1. Control. Any meeting or hearing open to staff officer or officers who will take the dep- polling, subject to Rule V (4). the public may be covered by television, osition. Unless otherwise specified, the depo- radio, or still photography. Such coverage sition shall be in private. The Committee f must be conducted in an orderly and unob- shall not initiate procedures leading to trusive manner, and the Chairman may for criminal or civil enforcement proceedings for COMMITTEE ON ENERGY AND good cause terminate such coverage in whole a witness’s failure to appear unless the depo- NATURAL RESOURCES or in part, or take such other action to con- sition notice was accompanied by a Com- trol it as the circumstances may warrant. mittee subpoena. 2. Request. A witness may request of the 2. Counsel. Witnesses may be accompanied SUBCOMMITTEE MEMBERSHIP Chairman, on grounds of distraction, harass- at a deposition by counsel to advise them of ment, personal safety, or physical discom- their rights, subject to the provisions of Rule Ms. MURKOWSKI. Mr. President, I fort, that during his or her testimony cam- II(6). ask unanimous consent that the Com- eras, media microphones, and lights shall 3. Procedure. Witnesses shall be examined mittee on Energy and Natural Re- not be directed at him or her. upon oath administered by an individual au- sources’ subcommittee assignments for V. Quorums and Voting thorized by local law to administer oaths. the 115th Congress be printed in the 1. Reporting. A majority shall constitute a Questions shall be propounded orally by quorum for reporting a resolution, rec- Committee staff. Objections by the witnesses RECORD. ommendation or report to the Senate. as to the form of questions shall be noted by There being no objection, the mate- 2. Committee Business. A third shall con- the record. If a witness objects to a question rial was ordered to be printed in the stitute a quorum for the conduct of Com- and refuses to testify on the basis of rel- RECORD, as follows:

VerDate Sep 11 2014 04:52 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.046 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S578 CONGRESSIONAL RECORD — SENATE February 1, 2017 COMMITTEE ON ENERGY AND NATURAL for the purpose of transacting business. Any cause for failure to so file, and to limit their RESOURCES quorum of the committee which is composed oral presentation to brief summaries of their 115TH CONGRESS SUBCOMMITTEE ASSIGNMENTS of less than a majority of the members of the arguments. Testimony may be filed elec- committee shall include at least one member tronically. The presiding officer at any hear- ENERGY of the majority and one member of the mi- ing is authorized to limit the time of each Cory Gardner, Chairman nority. witness appearing before the committee or a James E. Risch; Jeff Flake; Steve Daines; (b) A majority of the members of a sub- subcommittee. The committee or a sub- Jeff Sessions; Lamar Alexander; John committee, actually present, shall con- committee shall, as far as practicable, uti- Hoeven; Bill Cassidy; Rob Portman; Joe stitute a quorum for the purpose of lize testimony previously taken on bills and Manchin III, Ranking; Ron Wyden; Bernard transacting business: provided, no measure measures similar to those before it for con- Sanders; Al Franken; Martin Heinrich; or matter shall be ordered reported unless sideration. Angus King; Tammy Duckworth; Catherine such majority shall include at least one Rule 10.—Should a subcommittee fail to re- Cortez Masto. member of the minority who is a member of port back to the full committee on any measure within a reasonable time, the chair- PUBLIC LANDS, FORESTS, AND MINING the subcommittee. If, at any subcommittee meeting, a measure or matter cannot be or- man may withdraw the measure from such Mike Lee, Chairman dered reported because of the absence of such subcommittee and report that fact to the John Barrasso; James E. Risch; Jeff Flake; a minority member, the measure or matter full committee for further disposition. Steve Daines; Cory Gardner; Jeff Sessions; shall lay over for a day. If the presence of a Rule 11.—No subcommittee may schedule a Lamar Alexander; John Hoeven; Bill Cassidy; member of the minority is not then ob- meeting or hearing at a time designated for Ron Wyden, Ranking; Debbie Stabenow; Al tained, a majority of the members of the a hearing or meeting of the full committee. Franken; Joe Manchin III; Martin Heinrich; subcommittee, actually present, may order No more than one subcommittee executive Mazie Hirono; Catherine Cortez Masto. such measure or matter reported. meeting may be held at the same time. NATIONAL PARKS (c) No measure or matter shall be ordered Rule 12.—It shall be the duty of the chair- man in accordance with section 133(c) of the Steve Daines, Chairman reported from the committee or a sub- committee unless a majority of the com- Legislative Reorganization Act of 1946, as John Barrasso; Mike Lee; Cory Gardner; mittee or subcommittee is physically amended, to report or cause to be reported to Lamar Alexander; John Hoeven; Rob present. the Senate, any measure or recommendation Portman; Mazie Hirono, Ranking; Bernard Rule 5.—With the approval of the chairman approved by the committee and to take or Sanders; Debbie Stabenow; Martin Heinrich; of the committee or subcommittee, one cause to be taken, necessary steps to bring Angus King; Tammy Duckworth. member thereof may conduct public hearings the matter to a vote in the Senate. WATER AND POWER other than taking sworn testimony. Rule 13.—Whenever a meeting of the com- mittee or subcommittee is closed pursuant Jeff Flake, Chairman Rule 6.—Proxy voting shall be allowed on all measures and matters before the com- to the provisions of subsection (b) or (d) of John Barrasso; James E. Risch; Mike Lee; mittee or a subcommittee if the absent rule 26.5 of the Standing Rules of the Senate, Jeff Sessions; Bill Cassidy; Rob Portman; member has been informed of the matter on no person other than members of the com- Angus King, Ranking; Ron Wyden; Bernard which he is being recorded and has affirma- mittee, members of the staff of the com- Sanders; Al Franken; Joe Manchin III; tively requested that he be so recorded. mittee, and designated assistants to mem- Tammy Duckworth. While proxies may be voted on a motion to bers of the committee shall be permitted to Lisa Murkowski and Maria Cantwell are ex report a measure or matter from the com- attend such closed session, except by special officio members of all Subcommittees. mittee, such a motion shall also require the dispensation of the committee or sub- f concurrence of a majority of the members committee or the chairman thereof. who are actually present at the time such Rule 14.—The chairman of the committee COMMITTEE ON HEALTH, EDU- action is taken. or a subcommittee shall be empowered to ad- CATION, LABOR, AND PENSIONS The committee may poll any matters of journ any meeting of the committee or a committee business as a matter of unani- subcommittee if a quorum is not present mous consent; provided that every member within fifteen minutes of the time schedule RULES OF PROCEDURE is polled and every poll consists of the fol- for such meeting. lowing two questions: Rule 15.—Whenever a bill or joint resolu- Mr. ALEXANDER. Mr. President, I (1) Do you agree or disagree to poll the pro- tion shall be before the committee or a sub- ask unanimous consent to have the posal; and committee for final consideration, the clerk committee rules for the Health, Edu- (2) Do you favor or oppose the proposal. shall distribute to each member of the com- cation, Labor, and Pensions Committee Rule 7.—There shall be prepared and kept a mittee or subcommittee a document, pre- complete transcript or electronic recording pared by the sponsor of the bill or joint reso- printed in the RECORD. adequate to fully record the proceedings of lution. If the bill or joint resolution has no There being no objection, the mate- each committee or subcommittee meeting or underlying statutory language, the docu- rial was ordered to be printed in the conference whether or not such meetings or ment shall consist of a detailed summary of RECORD, as follows: any part thereof is closed pursuant to the the purpose and impact of each section. If SENATE COMMITTEE ON HEALTH, specific provisions of subsections (b) and (d) the bill or joint resolution repeals or amends EDUCATION, LABOR, AND PENSIONS of rule 26.5 of the Standing Rules of the Sen- any statute or part thereof, the document shall consist of a detailed summary of the LAMAR ALEXANDER, Chairman ate, unless a majority of said members vote to forgo such a record. Such records shall underlying statute and the proposed changes RULES OF PROCEDURE (AS AGREED TO JANUARY, contain the vote cast by each member of the in each section of the underlying law and ei- 2017) committee or subcommittee on any question ther a print of the statute or the part or sec- Rule 1.—Subject to the provisions of rule on which a ‘‘yea and nay’’ vote is demanded, tion thereof to be amended or replaced show- XXVI, paragraph 5, of the Standing Rules of and shall be available for inspection by any ing by stricken-through type, the part or the Senate, regular meetings of the com- committee member. The clerk of the com- parts to be omitted and, in italics, the mat- mittee shall be held on the second and fourth mittee, or the clerk’s designee, shall have ter proposed to be added, along with a sum- Wednesday of each month, at 10:00 a.m., in the responsibility to make appropriate ar- mary of the proposed changes; or a side-by- room SD–430, Dirksen Senate Office Build- rangements to implement this rule. side document showing a comparison of cur- ing. The chairman may, upon proper notice, Rule 8.—The committee and each sub- rent law, the proposed legislative changes, call such additional meetings as he may committee shall undertake, consistent with and a detailed description of the proposed deem necessary. the provisions of rule XXVI, paragraph 4, of changes. Rule 2.—The chairman of the committee or the Standing Rules of the Senate, to issue Rule 16.—An appropriate opportunity shall of a subcommittee, or if the chairman is not public announcement of any hearing or exec- be given the minority to examine the pro- present, the ranking majority member utive session it intends to hold at least one posed text of committee reports prior to present, shall preside at all meetings. The week prior to the commencement of such their filing or publication. In the event there chairman may designate the ranking minor- hearing or executive session. In the case of are supplemental, minority, or additional ity member to preside at hearings of the an executive session, the text of any bill or views, an appropriate opportunity shall be committee or subcommittee. joint resolution to be considered must be given the majority to examine the proposed Rule 3.—Meetings of the committee or a provided to the chairman for prompt elec- text prior to filing or publication. Unless the subcommittee, including meetings to con- tronic distribution to the members of the chairman and ranking minority member duct hearings, shall be open to the public ex- committee. agree on a shorter period of time, the minor- cept as otherwise specifically provided in Rule 9.—The committee or a subcommittee ity shall have no fewer than three business subsections (b) and (d) of rule 26.5 of the shall require all witnesses heard before it to days to prepare supplemental, minority or Standing Rules of the Senate. file written statements of their proposed tes- additional views for inclusion in a com- Rule 4.—(a) Subject to paragraph (b), one- timony at least 24 hours before a hearing, mittee report from the time the majority third of the membership of the committee, unless the chairman and the ranking minor- makes the proposed text of the committee actually present, shall constitute a quorum ity member determine that there is good report available to the minority.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.045 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S579 Rule 17.—(a) The committee, or any sub- evant to the nature of the position. Informa- received in advance of a hearing, the com- committee, may issue subpoenas, or hold tion relating to other background and finan- mittee or subcommittee (as appropriate) hearings to take sworn testimony or hear cial interests (part II) shall not be required should distribute copies of such statements subpoenaed witnesses, only if such investiga- of any nominee when the committee deter- to each of its members. Witness testimony tive activity has been authorized by major- mines that it is not relevant to the nature of may be submitted and distributed electroni- ity vote of the committee. the position. cally. (b) For the purpose of holding a hearing to Committee action on a nomination, includ- EXECUTIVE SESSIONS FOR THE PURPOSE OF take sworn testimony or hear subpoenaed ing hearings or meetings to consider a mo- MARKING UP BILLS witnesses, three members of the committee tion to recommend confirmation, shall not In order to expedite the process of marking or subcommittee shall constitute a quorum: be initiated until at least five days after the up bills and to assist each member of the provided, with the concurrence of the chair- nominee submits the form required by this committee so that there may be full and fair man and ranking minority member of the rule unless the chairman, with the concur- consideration of each bill which the com- committee or subcommittee, a single mem- rence of the ranking minority member, mittee or a subcommittee is marking up the ber may hear subpoenaed witnesses or take waives this waiting period. following procedures should be followed: sworn testimony. Rule 19.—Subject to statutory require- 1. Seven days prior to the proposed date for (c) The committee may, by a majority ments imposed on the committee with re- an executive session for the purpose of mark- vote, delegate the authority to issue sub- spect to procedure, the rules of the com- ing up bills the committee or subcommittee poenas to the chairman of the committee or mittee may be changed, modified, amended (as appropriate) should provide written no- a subcommittee, or to any member des- or suspended at any time; provided, not less tice to each of its members as to the time, ignated by such chairman. Prior to the than a majority of the entire membership so place, and specific subject matter of such issuance of each subpoena, the ranking mi- determine at a regular meeting with due no- session, including an agenda listing each bill nority member of the committee or sub- tice, or at a meeting specifically called for or other matters to be considered and includ- committee, and any other member so re- that purpose. ing: questing, shall be notified regarding the Rule 20.—When the ratio of members on the (a) a copy of each bill, joint resolution, or identity of the person to whom it will be committee is even, the term ‘‘majority’’ as other legislative matter (or committee print issued and the nature of the information used in the committee’s rules and guidelines thereof) to be considered at such executive sought and its relationship to the authorized shall refer to the party of the chairman for session; and investigative activity, except where the purposes of party identification. Numerical (b) a copy of a summary of the provisions chairman of the committee or sub- requirements for quorums, votes and the like of each bill, joint resolution, or other legis- committee, in consultation with the ranking shall be unaffected. lative matter to be considered at such execu- minority member, determines that such no- Rule 21.—First degree amendments must be tive session including, whenever possible, an tice would unduly impede the investigation. filed with the chairman at least 24 hours be- explanation of changes to existing law pro- All information obtained pursuant to such fore an executive session. The chairman posed to be made. investigative activity shall be made avail- shall promptly distribute all filed amend- 2. Insofar as practical, prior to the sched- able as promptly as possible to each member ments electronically to the members of the uled date for an executive session for the of the committee requesting same, or to any committee. The chairman may modify the purpose of marking up bills, the committee assistant to a member of the committee des- filing requirements to meet special cir- or a subcommittee (as appropriate) should ignated by such member in writing, but the cumstances with the concurrence of the provide each member with a copy of the use of any such information is subject to re- ranking minority member. printed record or a summary of any hearings strictions imposed by the rules of the Sen- Rule 22.—In addition to the foregoing, the conducted by the committee or a sub- ate. Such information, to the extent that it proceedings of the committee shall be gov- committee with respect to each bill, joint is relevant to the investigation shall, if re- erned by the Standing Rules of the Senate resolution, or other legislative matter to be quested by a member, be summarized in and the provisions of the Legislative Reorga- considered at such executive session. writing as soon as practicable. Upon the re- nization Act of 1946, as amended. f quest of any member, the chairman of the ***** committee or subcommittee shall call an ex- GUIDELINES OF THE SENATE COMMITTEE ON COMMITTEE ON HEALTH, EDU- ecutive session to discuss such investigative HEALTH, EDUCATION, LABOR, AND PENSIONS CATION, LABOR, AND PENSIONS activity or the issuance of any subpoena in WITH RESPECT TO HEARINGS, MARKUP SES- connection therewith. SIONS, AND RELATED MATTERS (d) Any witness summoned to testify at a SUBCOMMITTEE MEMBERSHIP hearing, or any witness giving sworn testi- HEARINGS mony, may be accompanied by counsel of his Section 133A(a) of the Legislative Reorga- Mr. ALEXANDER. Mr. President, I own choosing who shall be permitted, while nization Act requires each committee of the ask unanimous consent to have the the witness is testifying, to advise him of his Senate to publicly announce the date, place, subcommittee assignments for the legal rights. and subject matter of any hearing at least Health, Education, Labor, and Pen- one week prior to the commencement of such (e) No confidential testimony taken or con- sions Committee printed in the fidential material presented in an executive hearing. hearing, or any report of the proceedings of The spirit of this requirement is to assure RECORD. such an executive hearing, shall be made adequate notice to the public and other There being no objection, the mate- public, either in whole or in part or by way Members of the Senate as to the time and rial was ordered to be printed in the of summary, unless authorized by a majority subject matter of proposed hearings. In the RECORD, as follows: of the members of the committee or sub- spirit of section 133A(a) and in order to as- SUBCOMMITTEES OF THE COMMITTEE ON committee. sure that members of the committee are HEALTH, EDUCATION, LABOR, AND PENSIONS Rule 18.—Presidential nominees shall sub- themselves fully informed and involved in CHILDREN AND FAMILIES mit a statement of their background and fi- the development of hearings: Mr. Paul, Kentucky, Chairman nancial interests, including the financial in- 1. Public notice of the date, place, and sub- terests of their spouse and children living in ject matter of each committee or sub- Mr. Casey, Pennsylvania, Ranking Member their household, on a form approved by the committee hearing should be inserted in the Ms. Murkowski, Alaska; Mr. Burr, North committee which shall be sworn to as to its Congressional Record seven days prior to the Carolina; Mr. Cassidy, Louisiana; Mr. Young, completeness and accuracy. The committee commencement of such hearing. Indiana; Mr. Hatch, Utah; Mr. Roberts, Kan- form shall be in two parts— 2. At least seven days prior to public notice sas; Mr. Alexander, Tennessee (Ex Officio); (I) information relating to employment, of each committee or subcommittee hearing, Mr. Sanders, Vermont; Mr. Franken, Min- education and background of the nominee re- the majority should provide notice to the nesota; Mr. Bennet, Colorado; Mr. Kaine, lating to the position to which the individual minority of the time, place and specific sub- Virginia; Ms. Hassan, New Hampshire; Mrs. is nominated, and which is to be made pub- ject matter of such hearing. Murray, Washington (Ex Officio). lic; and, 3. At least three days prior to the date of EMPLOYMENT AND WORKPLACE SAFETY (II) information relating to financial and such hearing, the committee or sub- Mr. Isakson, Georgia, Chairman other background of the nominee, to be made committee should provide to each member a public when the committee determines that list of witnesses who have been or are pro- Mr. Franken, Minnesota, Ranking Member such information bears directly on the nomi- posed to be invited to appear. Mr. Roberts, Kansas; Mr. Scott, South nee’s qualifications to hold the position to 4. The committee and its subcommittee Carolina; Mr. Burr, North Carolina; Mr. which the individual is nominated. should, to the maximum feasible extent, en- Paul, Kentucky; Mr. Cassidy, Louisiana; Mr. Information relating to background and fi- force the provisions of rule 9 of the com- Young, Indiana; Mr. Alexander, Tennessee nancial interests (parts I and II) shall not be mittee rules as it relates to the submission (Ex Officio); Mr. Casey, Pennsylvania; Mr. required of nominees for less than full-time of written statements of witnesses twenty- Whitehouse, Rhode Island; Ms. Baldwin, Wis- appointments to councils, commissions or four hours in advance of a hearing. Witnesses consin; Mr. Murphy, Connecticut; Ms. War- boards when the committee determines that will be urged to submit testimony even ear- ren, Massachusetts; Mrs. Murray, Wash- some or all of the information is not rel- lier whenever possible. When statements are ington (Ex Officio).

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PRIMARY HEALTH AND RETIREMENT SECURITY 17. Treaties and executive agreements, ex- Relations for the transaction of committee Mr. Enzi, Wyoming, Chairman cept reciprocal trade agreements. business shall be on Tuesday of each week, 18. United Nations and its affiliated organi- unless otherwise directed by the chairman. Mr. Sanders, Vermont, Ranking Member zations. (b) Additional Meetings and Hearings.—Addi- Mr. Burr, North Carolina; Ms. Collins, 19. World Bank group, the regional devel- tional meetings and hearings of the com- Maine; Mr. Cassidy, Louisiana; Mr. Young, opment banks, and other international orga- mittee may be called by the chairman as he Indiana; Mr. Hatch, Utah; Mr. Roberts, Kan- nizations established primarily for develop- may deem necessary. If at least three mem- sas; Mr. Scott, South Carolina; Ms. Mur- ment assistance purposes. bers of the committee desire that a special kowski, Alaska; Mr. Alexander, Tennessee The committee is also mandated by Senate meeting of the committee be called by the (Ex Officio); Mr. Bennet, Colorado; Mr. Rule XXV.1(j)(2) to study and review, on a chairman, those members may file in the of- Whitehouse, Rhode Island; Ms. Baldwin, Wis- comprehensive basis, matters relating to the fices of the committee their written request consin; Mr. Murphy, Connecticut; Ms. War- national security policy, foreign policy, and to the chairman for that special meeting. ren, Massachusetts; Mr. Kaine, Virginia; Ms. international economic policy as it relates Immediately upon filing of the request, the Hassan, New Hampshire; Mrs. Murray, Wash- to foreign policy of the United States, and chief clerk of the committee shall notify the ington (Ex Officio). matters relating to food, hunger, and nutri- chairman of the filing of the request. If, tion in foreign countries, and report thereon within three calendar days after the filing of f from time to time. the request, the chairman does not call the (b) Oversight.—The committee also has a requested special meeting, to be held within COMMITTEE ON FOREIGN responsibility under Senate Rule RELATIONS seven calendar days after the filing of the re- XXVI.8(a)(2), which provides that ‘‘. . . each quest, a majority of the members of the com- standing committee . . . shall review and mittee may file in the offices of the com- study, on a continuing basis, the application, mittee their written notice that a special administration, and execution of those laws RULES OF PROCEDURE meeting of the committee will be held, speci- or parts of laws, the subject matter of which fying the date and hour of that special meet- Mr. CORKER. Mr. President, the is within the jurisdiction of the committee.’’ Committee on Foreign Relations has (c) ‘‘Advice and Consent’’ Clauses.—The ing. The committee shall meet on that date and hour. Immediately upon the filing of the adopted rules governing its procedures committee has a special responsibility to as- sist the Senate in its constitutional function notice, the clerk shall notify all members of for the 115th Congress. Pursuant to the committee that such special meeting rule XXVI, paragraph 2, of the Stand- of providing ‘‘advice and consent’’ to all treaties entered into by the United States will be held and inform them of its date and ing Rules of the Senate, on behalf of and all nominations to the principal execu- hour. (c) —To en- myself and Senator CARDIN, I ask unan- tive branch positions in the field of foreign Hearings, Selection of Witnesses. imous consent that a copy of the com- policy and diplomacy. sure that the issue which is the subject of the hearing is presented as fully and fairly as mittee rules be printed in the RECORD. RULE 2—SUBCOMMITTEES possible, whenever a hearing is conducted by There being no objection, the mate- (a) Creation.—Unless otherwise authorized the committee or a subcommittee upon any rial was ordered to be printed in the by law or Senate resolution, subcommittees measure or matter, the ranking member of RECORD, as follows: shall be created by majority vote of the com- the committee or subcommittee may select mittee and shall deal with such legislation RULES OF THE COMMITTEE ON FOREIGN and call an equal number of non-govern- and oversight of programs and policies as the RELATIONS mental witnesses to testify at that hearing. committee directs. Legislative measures or (d) Public Announcement.—The committee, (Adopted January 31, 2017) other matters may be referred to a sub- or any subcommittee thereof, shall make RULE 1—JURISDICTION committee for consideration in the discre- public announcement of the date, place, (a) Substantive.—In accordance with Senate tion of the chairman or by vote of a majority time, and subject matter of any meeting or Rule XXV.1(j)(1), the jurisdiction of the com- of the committee. If the principal subject hearing to be conducted on any measure or mittee shall extend to all proposed legisla- matter of a measure or matter to be referred matter at least seven calendar days in ad- tion, messages, petitions, memorials, and falls within the jurisdiction of more than one vance of such meetings or hearings, unless other matters relating to the following sub- subcommittee, the chairman or the com- the chairman of the committee, or sub- jects: mittee may refer the matter to two or more committee, in consultation with the ranking 1. Acquisition of land and buildings for em- subcommittees for joint consideration. member, determines that there is good cause (b) Assignments.—Assignments of members bassies and legations in foreign countries. to begin such meeting or hearing at an ear- to subcommittees shall be made in an equi- 2. Boundaries of the United States. lier date. table fashion. No member of the committee 3. Diplomatic service. (e) Procedure.—Insofar as possible, pro- may receive assignment to a second sub- 4. Foreign economic, military, technical, ceedings of the committee will be conducted committee until, in order of seniority, all without resort to the formalities of par- and humanitarian assistance. members of the committee have chosen as- 5. Foreign loans. liamentary procedure and with due regard signments to one subcommittee, and no for the views of all members. Issues of proce- 6. International activities of the American member shall receive assignments to a third National Red Cross and the International dure which may arise from time to time subcommittee until, in order of seniority, all shall be resolved by decision of the chair- Committee of the Red Cross. members have chosen assignments to two 7. International aspects of nuclear energy, man, in consultation with the ranking mem- subcommittees. ber. The chairman, in consultation with the including nuclear transfer policy. No member of the committee may serve on 8. International conferences and con- ranking member, may also propose special more than four subcommittees at any one procedures to govern the consideration of gresses. time. 9. International law as it relates to foreign particular matters by the committee. The chairman and ranking member of the (f) Closed Sessions.—Each meeting and hear- policy. committee shall be ex officio members, with- ing of the Committee on Foreign Relations, 10. International Monetary Fund and other out vote, of each subcommittee. or any subcommittee thereof shall be open to international organizations established pri- (c) Hearings.—Except when funds have been the public, except that a meeting or hearing marily for international monetary purposes specifically made available by the Senate for or series of meetings or hearings by the com- a subcommittee purpose, no subcommittee of (except that, at the request of the Com- mittee or a subcommittee on the same sub- the Committee on Foreign Relations shall mittee on Banking, Housing, and Urban Af- ject for a period of no more than 14 calendar hold hearings involving expenses without fairs, any proposed legislation relating to days may be closed to the public on a motion prior approval of the chairman of the full such subjects reported by the Committee on made and seconded to go into closed session committee or by decision of the full com- Foreign Relations shall be referred to the to discuss only whether the matters enumer- mittee. Hearings of subcommittees shall be Committee on Banking, Housing, and Urban ated in paragraphs (1) through (6) would re- scheduled after consultation with the chair- Affairs). quire the meeting or hearing to be closed fol- man of the committee with a view toward 11. Intervention abroad and declarations of lowed immediately by a record vote in open avoiding conflicts with hearings of other war. session by a majority of the members of the subcommittees insofar as possible. Hearings 12. Measures to foster commercial inter- committee or subcommittee when it is deter- of subcommittees shall not be scheduled to course with foreign nations and to safeguard mined that the matters to be discussed or American business interests abroad. conflict with meetings or hearings of the full the testimony to be taken at such meeting 13. National security and international as- committee. or hearing or series of meetings or hear- The proceedings of each subcommittee pects of trusteeships of the United States. ings— 14. Ocean and international environmental shall be governed by the rules of the full (1) will disclose matters necessary to be and scientific affairs as they relate to for- committee, subject to such authorizations or kept secret in the interests of national de- eign policy. limitations as the committee may from time fense or the confidential conduct of the for- 15. Protection of United States citizens to time prescribe. eign relations of the United States; abroad and expatriation. RULE 3—MEETINGS AND HEARINGS (2) will relate solely to matters of com- 16. Relations of the United States with for- (a) Regular Meeting Day.—The regular mittee staff personnel or internal staff man- eign nations generally. meeting day of the Committee on Foreign agement or procedure;

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No measure or (c) Depositions.—At the direction of the clearly unwarranted invasion of the privacy recommendation shall be ordered reported committee, staff is authorized to take depo- of an individual; from the committee unless a majority of the sitions from witnesses. (4) will disclose the identity of any in- committee members is physically present, RULE 8—REPORTS former or law enforcement agent or will dis- including at least one member from each (a) Filing.—When the committee has or- close any information relating to the inves- party, and a majority of those present con- dered a measure or recommendation re- tigation or prosecution of a criminal offense curs. ported, the report thereon shall be filed in that is required to be kept secret in the in- RULE 5—PROXIES the Senate at the earliest practicable time. terests of effective law enforcement; (b) Supplemental, Minority and Additional Proxies must be in writing with the signa- (5) will disclose information relating to the Views.—A member of the committee who ture of the absent member. Subject to the re- trade secrets or financial or commercial in- gives notice of his intentions to file supple- quirements of Rule 4 for the physical pres- formation pertaining specifically to a given mental, minority, or additional views at the ence of a quorum to report a matter, proxy person if— time of final committee approval of a meas- voting shall be allowed on all measures and (A) an Act of Congress requires the infor- ure or matter, shall be entitled to not less matters before the committee. However, mation to be kept confidential by govern- than 3 calendar days in which to file such proxies shall not be voted on a measure or ment officers and employees; or views, in writing (including by electronic matter except when the absent member has (B) the information has been obtained by mail), with the chief clerk of the committee, been informed of the matter on which he is the government on a confidential basis, with the 3 days to begin at 11:00 p.m. on the being recorded and has affirmatively re- other than through an application by such same day that the committee has ordered a quested that he or she be so recorded. person for a specific government financial or measure or matter reported. Such views other benefit, and is required to be kept se- RULE 6—WITNESSES shall then be included in the committee re- cret in order to prevent undue injury to the (a) General.—The Committee on Foreign port and printed in the same volume, as a competitive position of such person, or Relations will consider requests to testify on part thereof, and their inclusion shall be (6) may divulge matters required to be any matter or measure pending before the noted on the cover of the report. In the ab- kept confidential under other provisions of committee. sence of timely notice, the committee report law or government regulations. (b) Presentation.—If the chairman so deter- may be filed and printed immediately with- A closed meeting or hearing may be opened mines, the oral presentation of witnesses out such views. by a majority vote of the committee. shall be limited to 10 minutes. However, (c) Roll Call Votes.—The results of all roll (g) Staff Attendance.—A member of the written statements of reasonable length may call votes taken in any meeting of the com- committee may have one member of his or be submitted by witnesses and other inter- mittee on any measure, or amendment there- her personal staff, for whom that member as- ested persons who are unable to testify in to, shall be announced in the committee re- sumes personal responsibility, accompany person. port. The announcement shall include a tab- and be seated nearby at committee meetings (c) Filing of Statements.—A witness appear- ulation of the votes cast in favor and votes and hearings. The chairman or ranking ing before the committee, or any sub- cast in opposition to each such measure and member may authorize the attendance and committee thereof, shall submit an elec- amendment by each member of the com- seating of such a staff member at committee tronic copy of the written statement of his mittee. meetings and hearings where the member of proposed testimony at least 24 hours prior to RULE 9—TREATIES the committee is not present. his appearance, unless this requirement is (a) General.—The committee is the only Each member of the committee may des- waived by the chairman and the ranking committee of the Senate with jurisdiction to ignate members of his or her personal staff member following their determination that review and report to the Senate on treaties for whom that member assumes personal re- there is good cause for failure to file such a submitted by the President for Senate advice sponsibility, who holds, at a minimum, a top statement. and consent to ratification. Because the secret security clearance, for the purpose of (d) Expenses.—Only the chairman may au- House of Representatives has no role in the their eligibility to attend closed sessions of thorize expenditures of funds for the ex- approval of treaties, the committee is there- the committee, subject to the same condi- penses of witnesses appearing before the fore the only congressional committee with tions set forth for committee staff under committee or its subcommittees. responsibility for treaties. Rules 12, 13, and 14. (e) Requests.—Any witness called for a (b) Committee Proceedings.—Once submitted In addition, the majority leader and the hearing may submit a written request to the by the President for advice and consent, each minority leader of the Senate, if they are not chairman no later than 24 hours in advance treaty is referred to the committee and re- otherwise members of the committee, may for his testimony to be in closed or open ses- mains on its calendar from Congress to Con- designate one member of their staff for sion, or for any other unusual procedure. The gress until the committee takes action to re- whom that leader assumes personal responsi- chairman shall determine whether to grant port it to the Senate or recommend its re- bility and who holds, at a minimum, a top any such request and shall notify the com- turn to the President, or until the com- secret security clearance, to attend closed mittee members of the request and of his de- mittee is discharged of the treaty by the sessions of the committee, subject to the cision. Senate. (c) Floor Proceedings.—In accordance with same conditions set forth for committee RULE 7—SUBPOENAS staff under Rules 12, 13, and 14. Senate Rule XXX.2, treaties which have been (a) Authorization.—The chairman or any Staff of other Senators who are not mem- reported to the Senate but not acted on be- other member of the committee, when au- bers of the committee may not attend closed fore the end of a Congress ‘‘shall be resumed thorized by a majority vote of the committee sessions of the committee. at the commencement of the next Congress at a meeting or by proxies, shall have au- Attendance of committee staff at meetings as if no proceedings had previously been had thority to subpoena the attendance of wit- and hearings shall be limited to those des- thereon.’’ nesses or the production of memoranda, doc- (d) .—Insofar as possible, the com- ignated by the staff director or the minority Hearings uments, records, or any other materials. At mittee should conduct a public hearing on staff director. the request of any member of the committee, each treaty as soon as possible after its sub- The committee, by majority vote, or the the committee shall authorize the issuance mission by the President. Except in extraor- chairman, with the concurrence of the rank- of a subpoena only at a meeting of the com- dinary circumstances, treaties reported to ing member, may limit staff attendance at mittee. When the committee authorizes a the Senate shall be accompanied by a writ- specified meetings or hearings subpoena, it may be issued upon the signa- ten report. RULE 4—QUORUMS ture of the chairman or any other member RULE 10—NOMINATIONS (a) Testimony.—For the purpose of taking designated by the committee. (a) Waiting Requirement.—Unless otherwise sworn or sworn testimony at any duly sched- (b) Return.—A subpoena, or a request to an directed by the chairman and the ranking uled meeting a quorum of the committee and agency, for documents may be issued whose member, the Committee on Foreign Rela- each subcommittee thereof shall consist of return shall occur at a time and place other tions shall not consider any nomination one member of such committee or sub- than that of a scheduled committee meeting. until 5 business days after it has been for- committee. A return on such a subpoena or request mally submitted to the Senate. (b) Business.—A quorum for the transaction which is incomplete or accompanied by an (b) Public Consideration.—Nominees for any of committee or subcommittee business, objection constitutes good cause for a hear- post who are invited to appear before the other than for reporting a measure or rec- ing on shortened notice. Upon such a return, committee shall be heard in public session, ommendation to the Senate or the taking of the chairman or any other member des- unless a majority of the committee decrees testimony, shall consist of one-third of the ignated by him may convene a hearing by otherwise, consistent with Rule 3(f). members of the committee or subcommittee, giving 4 hours notice by telephone or elec- (c) Required Data.—No nomination shall be including at least one member from each tronic mail to all other members. One mem- reported to the Senate unless (1) the nomi- party. ber shall constitute a quorum for such a nee has been accorded a security clearance

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.052 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S582 CONGRESSIONAL RECORD — SENATE February 1, 2017 on the basis of a thorough investigation by main in the custody of the committee, unless (c) Declassification.— executive branch agencies; (2) the nominee a majority of the committee decides other- (1) All noncurrent records of the com- has filed a financial disclosure report and a wise. Transcripts of public hearings by the mittee are governed by Rule XI of the Stand- related ethics undertaking with the com- committee shall be published unless the ing Rules of the Senate and by S. Res. 474 mittee; (3) the committee has been assured chairman, with the concurrence of the rank- (96th Congress). Any classified transcripts or that the nominee does not have any interests ing member, determines otherwise. materials transferred to the National Ar- which could conflict with the interests of the The committee, through the chief clerk, chives and Records Administration under government in the exercise of the nominee’s shall also maintain at least one copy of all Rule XI may not be made available for pub- proposed responsibilities; (4) for persons materials provided to the committee by the lic use unless they have been subject to de- nominated to be chief of mission, ambas- Executive Branch; such copy shall remain in classification review in accordance with ap- sador-at-large, or minister, the committee the custody of the committee and be subject plicable laws or Executive orders. has received a complete list of any contribu- to the committee’s rules and procedures, in- (2) Any transcript or classified committee tions made by the nominee or members of cluding those rules and procedures applica- report, or any portion thereof, may be de- his immediate family to any Federal elec- ble to the handling of classified materials. classified, in accordance with applicable laws tion campaign during the year of his or her Such transcripts and materials shall be or Executive orders, sooner than the time pe- nomination and for the 4 preceding years; (5) made available to all members of the com- riod provided for under S. Res. 474 if: for persons nominated to be chiefs of mis- mittee, committee staff, and designated per- (A) the chairman originates such action, sion, the report required by Section 304(a)(4) sonal representatives of members of the with the concurrence of the ranking mem- of the Foreign Service Act of 1980 on the committee, except as otherwise provided in ber; demonstrated competence of that nominee these rules. (B) the other current members of the com- (b) Classified or Restricted Transcripts or Ma- to perform the duties of the position to mittee who participated in such meeting or terials.— which he or she has been nominated; and (6) report have been notified of the proposed de- (1) The chief clerk of the committee shall classification, and have not objected thereto, the nominee has provided the committee have responsibility for the maintenance and except that the committee by majority vote with a signed and notarized copy of the com- security of classified or restricted tran- may overrule any objections thereby raised mittee questionnaire for executive branch scripts or materials, and shall ensure that nominees. to early declassification; and such transcripts or materials are handled in (C) the executive departments that partici- RULE 11—TRAVEL a manner consistent with the requirements pated in the meeting or originated the classi- (a) Foreign Travel.—No member of the Com- of the United States Senate Security Man- fied information have been consulted regard- mittee on Foreign Relations or its staff shall ual. ing the declassification. travel abroad on committee business unless (2) A record shall be maintained of each specifically authorized by the chairman, who use of classified or restricted transcripts or RULE 13—CLASSIFIED INFORMATION is required by law to approve vouchers and materials as required by the Senate Security (a) General.—The handling of classified in- report expenditures of foreign currencies, Manual. formation in the Senate is governed by S. and the ranking member. Requests for au- (3) Classified transcripts or materials may Res. 243 (100th Congress), which established thorization of such travel shall state the not leave the committee offices, or SVC–217 the Office of Senate Security. All handling of purpose and, when completed, a full sub- of the Capitol Visitors Center, except for the classified information by the committee stantive and financial report shall be filed purpose of declassification or archiving, con- shall be consistent with the procedures set with the committee within 30 days. This re- sistent with these rules. forth in the United States Senate Security port shall be furnished to all members of the (4) Extreme care shall be exercised to avoid Manual issued by the Office of Senate Secu- committee and shall not be otherwise dis- taking notes or quotes from classified tran- rity. seminated without authorization of the scripts or materials. Their contents may not (b) Security Manager.—The chief clerk is chairman and the ranking member. Except be divulged to any unauthorized person. the security manager for the committee. The (5) Subject to any additional restrictions in extraordinary circumstances, staff travel chief clerk shall be responsible for imple- imposed by the chairman with the concur- shall not be approved unless the reporting menting the provisions of the Senate Secu- rence of the ranking member, only the fol- requirements have been fulfilled for all prior rity Manual and for serving as the com- lowing persons are authorized to have access trips. Except for travel that is strictly per- mittee liaison to the Office of Senate Secu- to classified or restricted transcripts or ma- sonal, travel funded by non-U.S. Government rity. The staff director, in consultation with terials: sources is subject to the same approval and the minority staff director, may appoint an (A) Members and staff of the committee in substantive reporting requirements as U.S. alternate security manager as circumstances the committee offices or in SVC–217 of the Government-funded travel. In addition, warrant. Capitol Visitors Center; members and staff are reminded to consult (c) Transportation of Classified Material.— (B) Designated personal representatives of Classified material may only be transported the Senate Code of Conduct, and, as appro- members of the committee, and of the ma- priate, the Senate Select Committee on Eth- between Senate offices by appropriately jority and minority leaders, with appropriate cleared staff members who have been specifi- ics, in the case of travel sponsored by non- security clearances, in the committee offices U.S. Government sources. cally authorized to do so by the security or in SVC–217 of the Capitol Visitors Center; manager. Any proposed travel by committee staff for (C) Senators not members of the com- (d) Access to Classified Material.—In general, a subcommittee purpose must be approved mittee, by permission of the chairman, in Senators and staff undertake to confine their by the subcommittee chairman and ranking the committee offices or in SVC–217 of the access to classified information on the basis member prior to submission of the request to Capitol Visitors Center; and of a ‘‘need to know’’ such information re- the chairman and ranking member of the full (D) Officials of the executive departments lated to their committee responsibilities. committee. involved in the meeting, hearing, or matter, (e) Staff Clearances.—The chairman, or, in (b) Domestic Travel.—All official travel in with authorization of the chairman, in the the case of minority stag the ranking mem- the United States by the committee staff committee offices or SVC–217 of the Capitol ber, shall designate the members of the com- shall be approved in advance by the staff di- Visitors Center. rector, or in the case of minority staff, by (6) Any restrictions imposed by the com- mittee staff whose assignments require ac- the minority staff director. mittee upon access to a meeting or hearing cess to classified and compartmented infor- (c) Personal Staff Travel.—As a general rule, of the committee shall also apply to the mation and shall seek to obtain the requisite no more than one member of the personal transcript of such meeting, except by special security clearances pursuant to Office of staff of a member of the committee may permission of the chairman and ranking Senate Security procedures. (f) PRM Clearances.—For the purposes of travel with that member with the approval member. of the chairman and the ranking member of (7) In addition to restrictions resulting this rule regarding security clearances and the committee. During such travel, the per- from the inclusion of any classified informa- access to compartmented information, the sonal staff member shall be considered to be tion in the transcript of a committee meet- officially-designated personal representative an employee of the committee. ing or hearing, members and staff shall not of the member (PRM) pursuant to rule 14(b), (d) PRM Travel.—For the purposes of this discuss with anyone the proceedings of the shall be deemed to have the same rights, du- rule regarding staff foreign travel, the offi- committee in closed session or reveal infor- ties, and responsibilities as members of the cially-designated personal representative of mation conveyed or discussed in such a ses- staff of the Committee on Foreign Relations. the member pursuant to rule 14(b), shall be sion unless that person would have been per- (g) Regulations.—The staff director is au- deemed to have the same rights, duties, and mitted to attend the session itself or is a thorized to make such administrative regu- responsibilities as members of the staff of member or staff of a relevant committee or lations as may be necessary to carry out the the Committee on Foreign Relations. executive branch agency and possess an ap- provisions of this rule. RULE 12—TRANSCRIPTS AND MATERIALS propriate security clearance, or unless such RULE 14—STAFF PROVIDED TO THE COMMITTEE communication is specifically authorized by (a) Responsibilities.— (a) General.—The Committee on Foreign the chairman, the ranking member, or in the (1) The staff works for the committee as a Relations shall keep verbatim transcripts of case of staff, by the staff director or minor- whole, under the general supervision of the all committee and subcommittee meetings ity staff director. A record shall be kept of chairman of the committee, and the imme- and hearings and such transcripts shall re- all such authorizations. diate direction of the staff director, except

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that such part of the staff as is designated (2) The staff shall not discuss their private HEARING PROCEDURE minority staff shall be under the general su- conversations with members of the com- Rule 4(a). Public notice, including notice pervision of the ranking member and under mittee without specific advance permission to Members of the Committee, shall be given the immediate direction of the minority from the Senator or Senators concerned. of the date, place and subject matter of any staff director. (3) The staff shall not discuss with anyone heating to be held by the Committee at least (2) Any member of the committee should the proceedings of the committee in closed one week in advance of such hearing unless feel free to call upon the staff at any time session or reveal information conveyed or the Chairman of the Committee, with the for assistance in connection with committee discussed in such a session unless that per- concurrence of the Vice Chairman, deter- business. Members of the Senate not mem- son would have been permitted to attend the mines that holding the hearing would be bers of the committee who call upon the session itself or is a member or staff of a rel- non-controversial or that special cir- staff for assistance from time to time should evant committee or executive branch agency cumstances require expedited procedures and be given assistance subject to the overriding and possesses an appropriate security clear- a majority of the Committee Members at- responsibility of the staff to the committee. ance, or unless such communication is spe- tending concurs. In no case shall a hearing (3) The staff’s primary responsibility is cifically authorized by the staff director or be conducted with less than 24 hours’ notice. with respect to bills, resolutions, treaties, minority staff director. Unauthorized disclo- (b). Each witness who is to appear before and nominations and other matters within sure of information from a closed session or the Committee shall submit his or her testi- the jurisdiction of the committee. In addi- of classified information shall be cause for mony by way of electronic mail, at least 48 tion to carrying out assignments from the immediate dismissal and may, in certain hours in advance of a hearing, in a format committee and its individual members, the cases, be grounds for criminal prosecution. determined by the Committee and sent to an staff has a responsibility to originate sugges- RULE 15—STATUS AND AMENDMENT OF RULES electronic mail address specified by the Com- tions for committee or subcommittee consid- (a) Status.—In addition to the foregoing, mittee. eration. The staff also has a responsibility to the Committee on Foreign Relations is gov- (c). Each Member shall be limited to five make suggestions to individual members re- erned by the Standing Rules of the Senate, (5) minutes of questioning of any witness garding matters of special interest to such which shall take precedence in the event of until such time as all Members attending members. a clear inconsistency. In addition, the juris- who so desire have had an opportunity to (4) It is part of the staff’s duty to keep diction and responsibilities of the committee question the witness unless the Committee itself as well informed as possible in regard with respect to certain matters, as well as shall decide otherwise. to developments affecting foreign relations the timing and procedure for their consider- BUSINESS MEETING AGENDA and national security and in regard to the ation in committee, may be governed by administration of foreign programs of the Rule 5(a). A legislative measure or subject statute. United States. Significant trends or develop- shall be included in the agenda of the next (b) Amendment.—These rules may be modi- following business meeting of the Committee ments which might otherwise escape notice fied, amended, or repealed by a majority of should be called to the attention of the com- if a written request by a Member for consid- the committee, provided that a notice in eration of such measure or subject has been mittee, or of individual Senators with par- writing (including by electronic mail) of the ticular interests. filed with the Chairman of the Committee at proposed change has been given to each least one week prior to such meeting. Noth- (5) The staff shall pay due regard to the member at least 72 hours prior to the meet- constitutional separation of powers between ing in this rule shall be construed to limit ing at which action thereon is to be taken. the authority of the Chairman of the Com- the Senate and the executive branch. It However, rules of the committee which are therefore has a responsibility to help the mittee to include legislative measures or based upon Senate rules may not be super- subjects on the Committee agenda in the ab- committee bring to bear an independent, ob- seded by committee vote alone. jective judgment of proposals by the execu- sence of such request. tive branch and when appropriate to origi- f (b). Any bill, resolution, or other matter to nate sound proposals of its own. At the same COMMITTEE ON INDIAN AFFAIRS be considered by the Committee at a busi- time, the staff shall avoid impinging upon ness meeting shall be filed with the Clerk of the day-to-day conduct of foreign affairs. the Committee. Notice of, and the agenda (6) In those instances when committee ac- RULES OF PROCEDURE for, any business meeting of the Committee, tion requires the expression of minority and a copy of any bill, resolution, or other views, the staff shall assist the minority as Mr. HOEVEN. Mr. President, I ask matter to be considered at the meeting, shall fully as the majority to the end that all unanimous consent that the ‘‘Senate be provided to each Member and made avail- points of view may be fully considered by Committee on Indian Affairs rules for able to the public at least three days prior to members of the committee and of the Sen- the 115th Congress’’ be printed in the such meeting, and no new items may be ate. The staff shall bear in mind that under RECORD. added after the agenda is published except by our constitutional system it is the responsi- There being no objection, the mate- the approval of a majority of the Members of the Committee. The notice and agenda of bility of the elected members of the Senate rial was ordered to be printed in the to determine legislative issues in the light of any business meeting may be provided to the as full and fair a presentation of the facts as RECORD, as follows: Members by electronic mail, provided that a the staff may be able to obtain. SENATE COMMITTEE ON INDIAN AF- paper copy will be provided to any Member (b) Personal Representatives of the Member FAIRS COMMITTEE RULES FOR THE upon request. The Clerk shall promptly no- (PRM). —Each Senator on the committee 115TH CONGRESS tify absent Members of any action taken by shall be authorized to designate one personal RULES OF PROCEDURE the Committee on matters not included in staff member as the member’s personal rep- Rule 1. The Standing Rules of the Senate, the published agenda. resentative of the member and designee to Senate Resolution 4, and the provisions of (c). Any amendment(s) to any bill or reso- the committee (PRM) that shall be deemed the Legislative Reorganization Act of 1946, lution to be considered shall be filed with the to have the same rights, duties, and respon- as amended by the Legislative Reorganiza- Clerk not less than 48 hours in advance. This sibilities as members of the staff of the Com- tion Act of 1970, as supplemented by these rule may be waived by the Chairman with mittee on Foreign Relations where specifi- rules, are adopted as the rules of the Com- the concurrence of the Vice Chairman. cally provided for in these rules. mittee to the extent the provisions of such QUORUM (c) Restrictions.— Rules, Resolution, and Acts are applicable to Rule 6(a). Except as provided in subsection (1) The staff shall regard its relationship to the Committee on Indian Affairs. (b), a majority of the Members shall con- the committee as a privileged one, in the na- MEETING OF THE COMMITTEE stitute a quorum for the transaction of busi- ture of the relationship of a lawyer to a cli- ness of the Committee. Except as provided in ent. In order to protect this relationship and Rule 2. The Committee shall meet on Senate Rule XXVI 7(a), a quorum is pre- the mutual confidence which must prevail if Wednesday/Thursday while the Congress is in sumed to be present unless the absence of a the committee-staff relationship is to be a session for the purpose of conducting busi- quorum is noted by a Member. satisfactory and fruitful one, the following ness, unless for the convenience of the Mem- (b). One Member shall constitute a quorum criteria shall apply, unless staff has con- bers, the Chairman shall set some other day for the purpose of conducting a hearing or sulted with and obtained, as appropriate, the for a meeting. Additional meetings may be taking testimony on any measure or matter approval of the Senate Ethics Committee called by the Chairman as he may deem nec- before the Committee. and advance permission from the staff direc- essary. tor (or the minority staff director in the case OPEN HEARINGS AND MEETINGS VOTING of minority staff): Rule 3(a). Hearings and business meetings Rule 7(a). A recorded vote of the Members (A) members of the staff shall not be iden- of the Committee shall be open to the public shall be taken upon the request of any Mem- tified with any special interest group in the except when the Chairman by a majority ber. field of foreign relations or allow their vote orders a closed hearing or meeting. (b). A measure may be reported without a names to be used by any such group; and (b). Except as otherwise provided in the recorded vote from the Committee unless an (B) members of the staff shall not accept Rules of the Senate, a transcript or elec- objection is made by a Member, in which public speaking engagements or write for tronic recording shall be kept of each hear- case a recorded vote by the Members shall be publication in the field of foreign relations. ing and business meeting of the Committee. required. A Member shall have the right to

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Mr. President, rule clauses (1) through (6) below would require matters, except that proxies may not be XXVI, paragraph 2, of the Standing the meeting to be closed, followed imme- counted for the purpose of determining the Rules of the Senate requires each com- diately by a record vote in open session by a presence of a quorum. Unless further limited, mittee to adopt rules to govern the majority of the Committee or Subcommittee a proxy shall be exercised only for the date procedure of the Committee and to Members when it is determined that the for which it is given and upon the terms pub- publish those rules in the Congres- matters to be discussed or the testimony to lished in the agenda for that date. be taken at such meeting or meetings— sional Record not later than March 1 of (1) will disclose matters necessary to be SWORN TESTIMONY AND FINANCIAL STATEMENTS the first year of each Congress. Today kept secret in the interests of national de- Rule 8(a). Witnesses in Committee hear- the Committee on Homeland Security fense or the confidential conduct of foreign ings may be required to give testimony and Governmental Affairs adopted relations of the United States; under oath whenever the Chairman or Vice committee rules of procedure. (2) will relate solely to matters of Com- Chairman of the Committee deems it to be Consistent with Standing Rule XXVI, mittee or Subcommittee staff personnel or necessary. I ask unanimous consent to have a internal staff management or procedure; (b). At any hearing to confirm a Presi- (3) will tend to charge an individual with dential nomination, the testimony of the copy of the rules of procedure of the crime or misconduct, to disgrace or injure nominee, and at the request of any Member, Committee on Homeland Security and the professional standing of an individual, or any other witness shall be under oath. Every Governmental Affairs printed in the otherwise expose an individual to public con- nominee shall submit a financial statement, RECORD. tempt or obloquy or will represent a clearly on forms to be perfected by the Committee, There being no objection, the mate- unwarranted invasion of the privacy of an in- which shall be sworn to by the nominee as to rial was ordered to be printed in the dividual; its completeness and accuracy. All such RECORD, as follows: (4) will disclose the identity of an informer statements shall be made public by the Com- or law enforcement agent or will disclose RULES OF PROCEDURE OF THE COM- mittee unless the Committee, in executive any information relating to the investiga- MITTEE ON HOMELAND SECURIT GOV- session, determines that special cir- tion or prosecution of a criminal offense that ERNMENTAL AFFAIRS cumstances require a full or partial excep- is required to be kept secret in the interests tion to this rule. PURSUANT TO RULE XXVI, SEC. 2, STANDING of effective law enforcement; (c). Members of the Committee are urged RULES OF THE SENATE (5) will disclose information relating to the to make public a complete disclosure of their RULE 1. MEETINGS AND MEETING PROCEDURES trade secrets of financial or commercial in- financial interests on forms to be perfected OTHER THAN HEARINGS formation pertaining specifically to a given by the Committee in the manner required in A. Meeting dates. The Committee shall person if— the case of Presidential nominees. hold its regular meetings on the first (A) an Act of Congress requires the infor- mation to be kept confidential by Govern- CONFIDENTIAL TESTIMONY Wednesday of each month, when the Con- gress is in session, or at such other times as ment officers and employees; or Rule 9. No confidential testimony taken the Chairman shall determine. Additional (B) the information has been obtained by by, or confidential material presented to the meetings may be called by the Chairman as the Government on a confidential basis, Committee or any report of the proceedings he/she deems necessary to expedite Com- other than through an application by such of a closed Committee hearing or business mittee business. (Rule XXVI, Sec. 3, Stand- person for a specific Government financial or meeting shall be made public in whole or in ing Rules of the Senate.) other benefit, and is required to be kept se- part, or by way of summary, unless author- B. Calling special Committee meetings. If cret in order to prevent undue injury to the ized by a majority of the Members of the at least three Members of the Committee de- competitive position of such person; or Committee at a business meeting called for sire the Chairman to call a special meeting, (6) may divulge matters required to be the purpose of making such a determination. they may file in the offices of the Committee kept confidential under other provisions of DEFAMATORY STATEMENTS a written request therefor, addressed to the law or Government regulations. (Rule X.XVI, Rule 10. Any person whose name is men- Chairman. Immediately thereafter, the clerk Sec. 5(b), Standing Rules of the Senate.) Not- tioned or who is specifically identified in, or of the Committee shall notify the Chairman withstanding the foregoing, whenever dis- who believes that testimony or other evi- of such request. If, within 3 calendar days order arises during a Committee or Sub- dence presented at, an open Committee hear- after the filing of such request, the Chair- committee meeting that is open to the pub- ing tends to defame him or her or otherwise man fails to call the requested special meet- lic, or any demonstration of approval or dis- adversely affect his or her reputation may ing, which is to be held within 7 calendar approval is indulged in by any person in at- file with the Committee for its consideration days after the filing of such request, a major- tendance at any such meeting, it shall be the and action a sworn statement of facts rel- ity of the Committee Members may file in duty of the Chairman to enforce order on his evant to such testimony of evidence. the offices of the Committee their written or her own initiative and without any point notice that a special Committee meeting of order being made by a Member of the BROADCASTING OF HEARINGS OR MEETINGS will be held, specifying the date and hour Committee or Subcommittee; provided, fur- Rule 11. Any meeting or hearing by the thereof, and the Committee shall meet on ther, that when the Chairman finds it nec- Committee which is open to the public may that date and hour. Immediately upon the essary to maintain order, he/she shall have be covered in whole or in part by television, filing of such notice, the Committee chief the power to clear the room, and the Com- Internet, radio broadcast, or still photog- clerk shall notify all Committee Members mittee or Subcommittee may act in closed raphy. Photographers and reporters using that such special meeting will be held and session for so long as there is doubt of the as- mechanical recording, filming, or broad- inform them of its date and hour. (Rule surance of order. (Rule XXVI, Sec. 5(d), casting devices shall position their equip- XXVI, Sec. 3, Standing Rules of the Senate.) Standing Rules of the Senate.) ment so as not to interfere with the sight, C. Meeting notices and agenda. Written no- E. Prior notice of first degree amendments. vision, and hearing of Members and staff on tices of Committee meetings, accompanied It shall not be in order for the Committee, or the dais or with the orderly process of the by an agenda, enumerating the items of busi- a Subcommittee thereof, to consider any meeting or hearing. ness to be considered, shall be sent to all amendment in the first degree proposed to AUTHORIZING SUBPOENAS Committee Members at least 5 days in ad- any measure under consideration by the Committee or Subcommittee unless a writ- Rule 12. The Chairman may, with the vance of such meetings, excluding Satur- ten copy of such amendment has been deliv- agreement of the Vice Chairman, or the days, Sundays, and legal holidays in which ered to each Member of the Committee or Committee may, by majority vote, authorize the Senate is not in session. The written no- Subcommittee, as the case may be, and to the issuance of subpoenas. tices required by this Rule may be provided by electronic mail. In the event that unfore- the office of the Committee or Sub- AMENDING THE RULES seen requirements or Committee business committee, by no later than 4:00 p.m. two Rule 13. These rules may be amended only prevent a 5–day notice of either the meeting days before the meeting of the Committee or by a vote of a majority of all the Members of or agenda, the Committee staff shall commu- Subcommittee at which the amendment is to the Committee in a business meeting of the nicate such notice and agenda, or any revi- be proposed, and, in the case of a first degree Committee: Provided, that no vote may be sions to the agenda, as soon as practicable amendment in the nature of a substitute pro- taken on any proposed amendment unless by telephone or otherwise to Members or ap- posed by the manager of the measure, by no such amendment is reproduced in full in the propriate staff assistants in their offices. later than 5:00 p.m. five days before the Committee agenda for such meeting at least D. Open business meetings. Meetings for meeting. The written copy of amendments in seven (7) days in advance of such meeting. the transaction of Committee or Sub- the first degree required by this Rule may be

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If there is notice of a session to mark-up a measure is D. Announcement of vote. (1) Whenever the no Member of the Majority present, the provided to the Committee or Sub- Committee by roll call vote reports any Ranking Minority Member present, with the committee. measure or matter, the report of the Com- prior approval of the Chairman, may open F. Meeting transcript. The Committee or mittee upon such a measure or matter shall and conduct the meeting or hearing until Subcommittee shall prepare and keep a com- include a tabulation of the votes cast in such time as a Member of the Majority ar- plete transcript or electronic recording ade- favor of and the votes cast in opposition to rives. quate to fully record the proceeding of each such measure or matter by each Member of RULE 5. HEARINGS AND HEARING PROCEDURES meeting whether or not such meeting or any the Committee. (Rule XXVI, Sec. 7(c), Stand- A. Announcement of hearings. The Com- part thereof is closed to the public, unless a ing Rules of the Senate.) mittee, or any Subcommittee thereof, shall majority of the Committee or Subcommittee (2) Whenever the Committee by roll call make public announcement of the date, Members vote to forgo such a record. (Rule vote acts upon any measure or amendment time, and subject matter of any hearing to XXVI, Sec. 5(e), Standing Rules of the Sen- thereto, other than reporting a measure or be conducted on any measure or matter at ate.) matter, the results thereof shall be an- least 5 days in advance of such hearing, ex- nounced in the Committee report on that RULE 2. QUORUMS cluding Saturdays, Sundays, and legal holi- measure unless previously announced by the A. Reporting measures and matters. A ma- days in which the Senate is not in session, Committee, and such announcement shall in- jority of the Members of the Committee unless the Committee, or Subcommittee, de- clude a tabulation of the votes cast in favor shall constitute a quorum for reporting to termines that there is good cause to begin of and the votes cast in opposition to each the Senate any measures, matters or rec- such hearing at an earlier date. (Rule XXVI, such measure and amendment thereto by ommendations. (Rule XXVI, Sec. 7(a)(1), Sec. 4(a), Standing Rules of the Senate.) each Member of the Committee who was Standing Rules of the Senate.) B. Open hearings. Each hearing conducted present at the meeting. (Rule XXVI, Sec. B. Transaction of routine business. One- by the Committee, or any Subcommittee 7(b), Standing Rules of the Senate.) third of the membership of the Committee thereof, shall be open to the public, except (3) In any case in which a roll call vote is shall constitute a quorum for the trans- that a hearing or series of hearings on the announced, the tabulation of votes shall action of routine business, provided that one same subject for a period of no more than 14 state separately the proxy vote recorded in Member of the Minority is present. For the calendar days may be closed to the public on favor of and in opposition to that measure, purpose of this paragraph, the term ‘‘routine a motion made and seconded to go into amendment thereto, or matter. (Rule XXVI, business’’ includes the convening of a meet- closed session to discuss only whether the Sec. 7(b) and (c), Standing Rules of the Sen- ing and the consideration of any business of matters enumerated in clauses (1) through ate.) the Committee other than reporting to the (6) below would require the hearing to be E. Polling. (1) The Committee, or any Sub- Senate any measures, matters or rec- closed, followed immediately by a record committee thereof, may poll (a) internal ommendations. (Rule XXVI, Sec. 7(a)(1), vote in open session by a majority of the Committee or Subcommittee matters includ- Standing Rules of the Senate.) Committee or Subcommittee Members when ing the Committee’s or Subcommittee’s C. Taking testimony. One Member of the it is determined that the matters to be dis- staff, records and budget; (b) steps in an in- Committee shall constitute a quorum for cussed or the testimony to be taken at such vestigation, including issuance of subpoenas, taking sworn or unsworn testimony. (Rule hearing or hearings— applications for immunity orders, and re- XXVI, Sec. 7(a)(2) and 7(c)(2), Standing Rules (1) will disclose matters necessary to be quests for documents from agencies; and (c) of the Senate.) kept secret in the interests of national de- other Committee or Subcommittee business D. Subcommittee quorums. Subject to the fense or the confidential conduct of foreign other than a vote on reporting to the Senate provisions of sections 7(a)(1) and (2) of Rule relations of the United States; any measures, matters or recommendations XXVI of the Standing Rules of the Senate, (2) will relate solely to matters of Com- or a vote on closing a meeting or hearing to the Subcommittees of this Committee are mittee or Subcommittee staff personnel or the public. authorized to establish their own quorums internal staff management or procedure; (2) Only the Chairman, or a Committee for the transaction of business and the tak- (3) will tend to charge an individual with Member or staff officer designated by him/ ing of sworn testimony. crime or misconduct, to disgrace or injure her, may undertake any poll of the Members E. Proxies prohibited in establishment of the professional standing of an individual, or of the Committee. If any Member requests, quorum. Proxies shall not be considered for otherwise expose an individual to public con- any matter to be polled shall be held for the establishment of a quorum. tempt or obloquy or will represent a clearly meeting rather than being polled. The chief RULE 3. VOTING unwarranted invasion of the privacy of an in- clerk of the Committee shall keep a record A. Quorum required. Subject to the provi- dividual; of polls; if a majority of the Members of the sions of subsection (E), no vote may be taken (4) will disclose the identity of an informer Committee determine that the polled matter by the Committee, or any Subcommittee or law enforcement agent or will disclose is in one of the areas enumerated in sub- thereof, on any measure or matter unless a any information relating to the investiga- section (D) of Rule 1, the record of the poll quorum, as prescribed in the preceding sec- tion or prosecution of a criminal offense that shall be confidential. Any Committee Mem- tion, is actually present. is required to be kept secret in the interests ber may move at the Committee meeting fol- B. Reporting measures and matters. No of effective law enforcement; lowing the poll for a vote on the polled deci- measure, matter or recommendation shall be (5) will disclose information relating to the sion, such motion and vote to be subject to reported from the Committee unless a ma- trade secrets of financial or commercial in- the provisions of subsection (D) of Rule 1, jority of the Committee Members are actu- formation pertaining specifically to a given where applicable. ally present, and the vote of the Committee person if— F. Naming postal facilities. The Com- to report a measure or matter shall require (A) an Act of Congress requires the infor- mittee will not consider any legislation that the concurrence of a majority of those Mem- mation to be kept confidential by Govern- would name a postal facility for a living per- bers who are actually present at the time the ment officers and employees; or son with the exception of bills naming facili- vote is taken. (Rule XXVI, Sec. 7(a)(1) and (B) the information has been obtained by ties after former Presidents and Vice Presi- (3), Standing Rules of the Senate.) the Government on a confidential basis, dents of the United States, former Members C. Proxy voting. Proxy voting shall be al- other than through an application by such of Congress over 70 years of age, former lowed on all measures and matters before the person for a specific Government financial or State or local elected officials over 70 years Committee, or any Subcommittee thereof, other benefit, and is required to be kept se- of age, former judges over 70 years of age, or except that, when the Committee, or any cret in order to prevent undue injury to the wounded veterans. Subcommittee thereof, is voting to report a competitive position of such person; or G. Technical and conforming changes. A measure or matter, proxy votes shall be al- (6) may divulge matters required to be Committee vote to report a measure to the lowed solely for the purposes of recording a kept confidential under other provisions of Senate shall also authorize the Committee Member’s position on the pending question. law or Government regulations. (Rule XXVI, Chairman and Ranking Member by mutual Proxy voting shall be allowed only if the ab- Sec. 5(b), Standing Rules of the Senate.) agreement to make any required technical sent Committee or Subcommittee Member Notwithstanding the foregoing, whenever and conforming changes to the measure. has been informed of the matter on which he disorder arises during a Committee or Sub- or she is being recorded and has affirma- RULE 4. CHAIRMANSHIP OF MEETINGS AND committee meeting that is open to the pub- tively requested that he or she be so re- HEARINGS lic, or any demonstration of approval or dis- corded. All proxies shall be filed with the The Chairman shall preside at all Com- approval is indulged in by any person in at- chief clerk of the Committee or Sub- mittee meetings and hearings except that he tendance at any such meeting, it shall be the committee thereof, as the case may be. All or she shall designate a temporary Chairman duty of the Chairman to enforce order on his proxies shall be in writing and shall contain to act in his or her place if he or she is un- or her own initiative and without any point

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Committee deposition notices have the power to clear the room, and the and grammatical errors; the Chairman or a shall specify a time and place for examina- Committee or Subcommittee may act in staff officer designated by him/her shall rule tion, and the name of the Committee Mem- closed session for so long as there is doubt of on such requests. ber or Members or staff officer or officers the assurance of order. (Rule XXVI, Sec. 5(d), F. Impugned persons. Any person whose who will take the deposition. Unless other- Standing Rules of the Senate.) name is mentioned or is specifically identi- wise specified, the deposition shall be in pri- C. Full Committee subpoenas. The Chair- fied, and who believes that evidence pre- vate. The Committee shall not initiate pro- man, with the approval of the Ranking Mi- sented, or comment made by a Member of cedures leading to criminal or civil enforce- nority Member of the Committee, is author- the Committee or staff officer, at a public ment proceedings for a witness’ failure to ap- ized to subpoena the attendance of witnesses hearing or at a closed hearing concerning pear or produce unless the deposition notice at a hearing or deposition or the production which there have been public reports, tends was accompanied by a Committee subpoena. of memoranda, documents, records, or any to impugn his or her character or adversely (2) Witnesses may be accompanied at a other materials. The Chairman may sub- affect his or her reputation may: deposition by counsel to advise them of their poena attendance or production without the (a) File a sworn statement of facts relevant legal rights, subject to the provisions of Rule approval of the Ranking Minority Member to the evidence or comment, which state- 5D. where the Chairman has not received a letter ment shall be considered for placement in (3) Oaths at depositions may be adminis- of disapproval signed by the Ranking Minor- the hearing record by the Committee; tered by an individual authorized by local ity Member within 72 hours, excluding Sat- (b) Request the opportunity to appear per- law to administer oaths. Questions shall be urdays, Sundays, and legal holidays in which sonally before the Committee to testify in propounded orally by a Committee Member the Senate is not in session, of the Ranking his or her own behalf, which request shall be or Members or staff. If a witness objects to a Minority Member’s receipt of a letter signed considered by the Committee; and question and refuses to testify, the objection by the Chairman providing notice of the (c) Submit questions in writing which he shall be noted for the record and the Com- Chairman’s intent to issue a subpoena, in- or she requests be used for the cross-exam- mittee Member or Members or staff may pro- cluding an identification of all individuals ination of other witnesses called by the Com- ceed with the remainder of the deposition. and items sought to be subpoenaed. Delivery mittee, which questions shall be considered (4) The Committee shall see that the testi- and receipt of the signed notice and signed for use by the Committee. mony is transcribed or electronically re- disapproval letters and any additional com- G. Radio, television, and photography. The corded (which may include audio or audio/ munications related to the subpoena may be Committee, or any Subcommittee thereof, video recordings). If it is transcribed, the carried out by staff officers of the Chairman may permit the proceedings of hearings transcript shall be made available for inspec- and Ranking Minority Member, and may which are open to the public to be photo- tion by the witness or his or her counsel occur through electronic mail. If a subpoena graphed and broadcast by radio, television or under Committee supervision. The witness is disapproved by the Ranking Minority both, subject to such conditions as the Com- shall sign a copy of the transcript and may Member as provided in this subsection, the mittee, or Subcommittee, may impose. (Rule request changes to it, which shall be handled subpoena may be authorized by vote of the XXVI, Sec. 5(c), Standing Rules of the Sen- in accordance with the procedure set forth in Members of the Committee. When the Com- ate.) subsection (E). If the witness fails to sign a mittee or Chairman authorizes subpoenas, H. Advance statements of witnesses. A wit- copy, the staff shall note that fact on the subpoenas may be issued upon the signature ness appearing before the Committee, or any transcript. The individual administering the of the Chairman or any other Member of the Subcommittee thereof, shall provide elec- oath shall certify on the transcript that the Committee designated by the Chairman. tronically a written statement of his or her witness was duly sworn in his or her pres- D. Witness counsel. Counsel retained by proposed testimony at least 48 hours prior to ence, the transcriber shall certify that the any witness and accompanying such witness his or her appearance. This requirement may transcript is a true record of the testimony, shall be permitted to be present during the be waived by the Chairman and the Ranking and the transcript shall then be filed with testimony of such witness at any public or Minority Member following their determina- the chief clerk of the Committee. The Chair- executive hearing or deposition to advise tion that there is good cause for failure of man or a staff officer designated by him/her such witness while he or she is testifying, of compliance. (Rule XXVI, Sec. 4(b), Standing may stipulate with the witness to changes in his or her legal rights; provided, however, Rules of the Senate.) the procedure; deviations from this proce- that in the case of any witness who is an offi- I. Minority witnesses. In any hearings con- dure which do not substantially impair the cer or employee of the Government, or of a ducted by the Committee, or any Sub- reliability of the record shall not relieve the corporation or association, the Committee committee thereof, the Minority Members of witness from his or her obligation to testify Chairman may rule that representation by the Committee or Subcommittee shall be en- truthfully. counsel from the Government, corporation, titled, upon request to the Chairman by a or association or by counsel representing majority of the Minority Members, to call RULE 6. COMMITTEE REPORTING PROCEDURES other witnesses, creates a conflict of inter- witnesses of their selection during at least 1 A. Timely filing. When the Committee has est, and that the witness may only be rep- day of such hearings. (Rule XXVI, Sec. 4(d), ordered a measure or matter reported, fol- resented during interrogation by staff or Standing Rules of the Senate.) lowing final action, the report thereon shall during testimony before the Committee by J. Swearing in witnesses. In any hearings be filed in the Senate at the earliest prac- personal counsel not from the Government, conducted by the Committee, the Chairman ticable time. (Rule XXVI, Sec. 10(b), Stand- corporation, or association or by personal or his or her designee may swear in each wit- ing Rules of the Senate.) counsel not representing other witnesses. ness prior to their testimony. B. Supplemental, Minority, and additional This subsection shall not be construed to ex- K. Full Committee depositions. Deposi- views. A Member of the Committee who cuse a witness from testifying in the event tions may be taken prior to or after a hear- gives notice of his or her intention to file his or her counsel is ejected for conducting ing as provided in this subsection. supplemental, Minority, or additional views himself or herself in such manner so as to (1) Notices for the taking of depositions at the time of final Committee approval of a prevent, impede, disrupt, obstruct or inter- shall be authorized and issued by the Chair- measure or matter shall be entitled to not fere with the orderly administration of the man, with the approval of the Ranking Mi- less than 3 calendar days in which to file hearings; nor shall this subsection be con- nority Member of the Committee. The Chair- such views, in writing, with the chief clerk strued as authorizing counsel to coach the man may initiate depositions without the of the Committee. Such views shall then be witness or answer for the witness. The fail- approval of the Ranking Minority Member included in the Committee report and print- ure of any witness to secure counsel shall where the Chairman has not received a letter ed in the same volume, as a part thereof, and not excuse such witness from complying of disapproval of the deposition signed by the their inclusion shall be noted on the cover of with a subpoena or deposition notice. Ranking Minority Member within 72 hours, the report. In the absence of timely notice, E. Witness transcripts. An accurate elec- excluding Saturdays, Sundays, and legal the Committee report may be filed and tronic or stenographic record shall be kept of holidays in which the Senate is not in ses- printed immediately without such views. the testimony of all witnesses in executive sion, of the Ranking Minority Member’s re- (Rule XXVI, Sec. 10(c), Standing Rules of the and public hearings. The record of his or her ceipt of a letter signed by the Chairman pro- Senate.) testimony whether in public or executive viding notice of the Chairman’s intent to C. Notice by Subcommittee Chairmen. The session shall be made available for inspec- issue a deposition notice, including identi- Chairman of each Subcommittee shall notify tion by the witness or his or her counsel fication of all individuals sought to be de- the Chairman in writing whenever any meas- under Committee supervision; a copy of any posed. Delivery and receipt of the signed no- ure has been ordered reported by such Sub- testimony given in public session or that tice and signed disapproval letter and any committee and is ready for consideration by part of the testimony given by the witness in additional communications related to the the full Committee. executive session and subsequently quoted or deposition may be carried out by staff offi- D. Draft reports of Subcommittees. All made part of the record in a public session cers of the Chairman and Ranking Member, draft reports prepared by Subcommittees of shall be provided to any witness at his or her and may occur through electronic mail. If a this Committee on any measure or matter expense if he or she so requests. Upon in- deposition notice is disapproved by the referred to it by the Chairman shall be in the

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Subcommittee meetings and hearings. ceding the time of his or her nomination, of such draft reports, copies thereof shall be Each Subcommittee of this Committee is au- and copies of other relevant documents re- filed with the chief clerk of the Committee thorized to establish meeting dates and quested by the Committee, such as a pro- at the earliest practicable time. adopt rules not inconsistent with the rules of posed blind trust agreement, necessary for E. Impact statements in reports. All Com- the Committee except as provided in Rules the Committee’s consideration; and, 2(D) and 7(E). mittee reports, accompanying a bill or joint (3) Copies of other relevant documents the E. Subcommittee subpoenas Each Sub- resolution of a public character reported by Committee may request, such as responses the Committee, shall contain (1) an esti- committee is authorized to adopt rules con- cerning subpoenas which need not be con- to questions concerning the policies and pro- mate, made by the Committee, of the costs grams the nominee intends to pursue upon which would be incurred in carrying out the sistent with the rules of the Committee; pro- vided, however, that in the event the Sub- taking office. At the request of the Chairman legislation for the then current fiscal year or the Ranking Minority Member, a nominee and for each of the next 5 years thereafter committee authorizes the issuance of a sub- poena pursuant to its own rules, a written shall be required to submit a certified finan- (or for the authorized duration of the pro- notice of intent to issue the subpoena shall cial statement compiled by an independent posed legislation, if less than 5 years); and (2) be provided to the Chairman and Ranking auditor. Information received pursuant to a comparison of such cost estimates with Minority Member of the Committee, or staff this subsection shall be made available for any made by a Federal agency; or (3) in lieu officers designated by them, by the Sub- public inspection; provided, however, that of such estimate or comparison, or both, a committee Chairman or a staff officer des- tax returns shall, after review by persons statement of the reasons for failure by the ignated by him/her immediately upon such designated in subsection (C) of this rule, be Committee to comply with these require- authorization, and no subpoena shall be placed under seal to ensure confidentiality. ments as impracticable, in the event of in- issued for at least 48 hours, excluding Satur- C. Procedures for Committee inquiry. The ability to comply therewith. (Rule XXVI, days and Sundays, from delivery to the ap- Committee shall conduct an inquiry into the Sec. 11(a), Standing Rules of the Senate.) propriate offices, unless the Chairman and experience, qualifications, suitability, and Each such report shall also contain an Ranking Minority Member waive the 48–hour integrity of nominees, and shall give par- evaluation, made by the Committee, of the waiting period or unless the Subcommittee ticular attention to the following matters: regulatory impact which would be incurred Chairman certifies in writing to the Chair- in carrying out the bill or joint resolution. (1) A review of the biographical informa- man and Ranking Minority Member that, in tion provided by the nominee, including, but The evaluation shall include (a) an estimate his or her opinion, it is necessary to issue a of the numbers of individuals and businesses not limited to, any professional activities re- subpoena immediately. lated to the duties of the office to which he who would be regulated and a determination F. Subcommittee budgets. During the first or she is nominated; of the groups and classes of such individuals year of a new Congress, each Subcommittee and businesses, (b) a determination of the that requires authorization for the expendi- (2) A review of the financial information economic impact of such regulation on the ture of funds for the conduct of inquiries and provided by the nominee, including tax re- individuals, consumers, and businesses af- investigations, shall file with the chief clerk turns for the 3 years preceding the time of fected, (c) a determination of the impact on of the Committee, by a date and time pre- his or her nomination; the personal privacy of the individuals af- scribed by the Chairman, its request for (3) A review of any actions, taken or pro- fected, and (d) a determination of the funds for the two (2) 12-month periods begin- posed by the nominee, to remedy conflicts of amount of paperwork that will result from ning on March 1 and extending through and interest; and the regulations to be promulgated pursuant including the last day of February of the 2 (4) A review of any personal or legal mat- to the bill or joint resolution, which deter- following years, which years comprise that ter which may bear upon the nominee’s mination may include, but need not be lim- Congress. Each such request shall be sub- qualifications for the office to which he or ited to, estimates of the amount of time and mitted on the budget form prescribed by the she is nominated. For the purpose of assist- financial costs required of affected parties, Committee on Rules and Administration, ing the Committee in the conduct of this in- showing whether the effects of the bill or and shall be accompanied by a written jus- quiry, a Majority investigator or investiga- joint resolution could be substantial, as well tification addressed to the Chairman of the tors shall be designated by the Chairman and as reasonable estimates of the recordkeeping Committee, which shall include (1) a state- a Minority investigator or investigators requirements that may be associated with ment of the Subcommittee’s area of activi- shall be designated by the Ranking Minority the bill or joint resolution. Or, in lieu of the ties, (2) its accomplishments during the pre- Member. The Chairman, Ranking Minority forgoing evaluation, the report shall include ceding Congress detailed year by year, and Member, other Members of the Committee, a statement of the reasons for failure by the (3) a table showing a comparison between (a) and designated investigators shall have ac- Committee to comply with these require- the funds authorized for expenditure during cess to all investigative reports on nominees the preceding Congress detailed year by ments as impracticable, in the event of in- prepared by any Federal agency, except that year, (b) the funds actually expended during ability to comply therewith. (Rule XXVI, only the Chairman, the Ranking Minority that Congress detailed year by year, (c) the Sec. 11(b), Standing Rules of the Senate.) Member, or other Members of the Com- amount requested for each year of the Con- RULE 7. SUBCOMMITTEES AND SUBCOMMITTEE mittee, upon request, shall have access to gress, and (d) the number of professional and PROCEDURES the report of the Federal Bureau of Inves- clerical staff members and consultants em- tigation. The Committee may request the as- A. Regularly established Subcommittees. ployed by the Subcommittee during the pre- sistance of the U.S. Government Account- The Committee shall have three regularly ceding Congress detailed year by year and ability Office and any other such expert established Subcommittees. The Subcommit- the number of such personnel requested for opinion as may be necessary in conducting tees are as follows: each year of the Congress. The Chairman Permanent Subcommittee on Investigations may request additional reports from the its review of information provided by nomi- Subcommittee on Federal Spending Over- Subcommittees regarding their activities nees. sight and Emergency Management and budgets at any time during a Congress. D. Report on the Nominee. After a review Subcommittee on Regulatory Affairs and (Rule XXVI, Sec. 9, Standing Rules of the of all information pertinent to the nomina- Federal Management Senate.) tion, a confidential report on the nominee shall be made in the case of judicial nomi- B. Ad hoc Subcommittees. Following con- RULE 8. CONFIRMATION STANDARDS AND nees and may be made in the case of non-ju- sultation with the Ranking Minority Mem- PROCEDURES dicial nominees by the designated investiga- ber, the Chairman shall, from time to time, A. Standards. In considering a nomination, tors to the Chairman and the Ranking Mi- establish such ad hoc Subcommittees as he/ the Committee shall inquire into the nomi- nority Member and, upon request, to any she deems necessary to expedite Committee nee’s experience, qualifications, suitability, other Member of the Committee. The report business. and integrity to serve in the position to shall summarize the steps taken by the Com- C. Subcommittee membership. Following which he or she has been nominated. The mittee during its investigation of the nomi- consultation with the Majority Members, Committee shall recommend confirmation, nee and the results of the Committee in- and the Ranking Minority Member of the upon finding that the nominee has the nec- Committee, the Chairman shall announce se- essary integrity and is affirmatively quali- quiry, including any unresolved matters that lections for membership on the Subcommit- fied by reason of training, education, or ex- have been raised during the course of the in- tees referred to in paragraphs A and B, perience to carry out the functions of the of- quiry. above. fice to which he or she was nominated. E. Hearings. The Committee shall conduct (1) The Chairman and Ranking Minority B. Information concerning the Nominee. a public hearing during which the nominee Member shall serve as nonvoting ex officio Each nominee shall submit the following in- shall be called to testify under oath on all members of the subcommittees on which formation to the Committee: matters relating to his or her suitability for they do not serve as voting members. (1) A detailed biographical resume which office, including the policies and programs (2) Any Member of the Committee may at- contains information relating to education, which he or she will pursue while in that po- tend hearings held by any subcommittee and employment, and achievements; sition. No hearing shall be held until at least

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72 hours after the following events have oc- DEFENSE SECURITY The principal contractor is Raytheon, Tuc- curred: The nominee has responded to pre- COOPERATION AGENCY, son, AZ. At this time, there are no known hearing questions submitted by the Com- Arlington, VA. offset agreements proposed in connection mittee; and, if applicable, the report de- Hon. BOB CORKER, with this potential sale. scribed in subsection (D) has been made to Chairman, Committee on Foreign Relations, Implementation of this proposed sale will the Chairman and Ranking Minority Mem- U.S. Senate, Washington, DC. not require the assignment of any additional ber, and is available to other Members of the DEAR MR. CHAIRMAN: Pursuant to the re- U.S. Government or contractor representa- Committee, upon request. porting requirements of Section 36(b)(1) of tives to the Republic of Korea. F. Action on confirmation. A mark-up on a the Arms Export Control Act, as amended, There is no adverse impact on U.S. defense nomination shall not occur on the same day we are forwarding herewith Transmittal No. readiness as a result of this proposed sale. that the hearing on the nominee is held. In 16–83, concerning the Department of the Air TRANSMITTAL NO. 16–83 order to assist the Committee in reaching a Force’s proposed Letter(s) of Offer and Ac- Notice of Proposed Issuance of Letter of recommendation on confirmation, the staff ceptance to the Republic of Korea for defense Offer Pursuant to Section 36(b)(1) of the may make an oral presentation to the Com- articles and services estimated to cost $70 Arms Export Control Act mittee at the mark-up, factually summa- million. After this letter is delivered to your Annex Item No. vii rizing the nominee’s background and the office, we plan to issue a news release to no- steps taken during the pre-hearing inquiry. tify the public of this proposed sale. (vii) Sensitivity of Technology: G. Application. The procedures contained Sincerely, 1. The AGM–65G–2 Maverick is an air-to- in subsections (C), (D), (E), and (F) of this J. W. RIXEY, ground close air support missile with a lock rule shall apply to persons nominated by the Vice Admiral, USN, Director. on before launch day or night capability. The President to positions requiring their full- Enclosures. G model has an imaging infrared (IIR) guid- time service. At the discretion of the Chair- TRANSMITTAL NO. 16–83 ance system. The infrared Maverick G can track heat generated by a target and pro- man and Ranking Minority Member, those Notice of Proposed Issuance of Letter of vides the pilot a pictorial display of the tar- procedures may apply to persons nominated Offer Pursuant to Section 36(b)(1) of the get during darkness and hazy or inclement by the President to serve on a part-time Arms Export Control Act, as amended basis. weather. The warhead on the Maverick G is (i) Prospective Purchaser: Republic of a heavyweight penetrator warhead. Maverick RULE 9. PERSONNEL ACTIONS AFFECTING Korea. hardware is UNCLASSIFIED. Performance COMMITTEE STAFF (ii) Total Estimated Value: and operating logic of the countermeasures In accordance with Rule XLII of the Stand- Major Defense Equipment * $66 million. circuits are SECRET. Overall system classi- ing Rules of the Senate and the Congres- Other $4 million. fication is SECRET. sional Accountability Act of 1995 (P.L. 104–1), Total $70 million. 2. If a technologically advanced adversary (iii) Description and Quantity or Quan- all personnel actions affecting the staff of were to obtain knowledge of the specific tities of Articles or Services under Consider- the Committee shall be made free from any hardware and software elements, the infor- ation for Purchase: discrimination based on race, color, religion, mation could be used to develop counter- Major Defense Equipment (MDE): sex, national origin, age, state of physical measures or equivalent systems which might Eighty-nine (89) AGM–65G–2 Maverick Mis- handicap, or disability. reduce weapon effectiveness or be used in the siles. RULE 10. APPRISAL OF COMMITTEE BUSINESS Non-MDE includes: development of a system with similar or ad- The Chairman and Ranking Minority Mem- Missile containers and other related ele- vanced capabilities. ber shall keep each other apprised of hear- ments of support. 3. This sale is necessary to further the U.S. ings, investigations, and other Committee (iv) Military Department: Air Force (KS– foreign policy and national security objec- business. D–YHF). tives outlined in the Policy Justification. Moreover, the benefits derived from this RULE 11. PER DIEM FOR FOREIGN TRAVEL (v) Prior Related Cases, if any: FMS Case KS–D–YAF–$22.55M—14 Mar 12. sale, as outlined in the Policy Justification, A per diem allowance provided a Member (vi) Sales Commission, Fee, etc., Paid. Of- outweigh the potential damage that could of the Committee or staff of the Committee fered, or Agreed to be Paid: None. result if the sensitive technology were re- in connection with foreign travel shall be (vii) Sensitivity of Technology Contained vealed to unauthorized persons. used solely for lodging, food, and related ex- in the Defense Article or Defense Services 4. All defense articles and services listed in penses and it is the responsibility of the Proposed to be Sold: See Annex attached, this transmittal have been authorized for re- Member of the Committee or staff of the (viii) Date Report Delivered to Congress: lease and export to the Republic of Korea. Committee receiving such an allowance to January 31, 2017. DEFENSE SECURITY return to the United States Government that * as defined in Section 47(6) of the Arms Ex- COOPERATION AGENCY, portion of the allowance received which is port Control Act. Arlington, VA. not actually used for necessary lodging, food, POLICY JUSTIFICATION Hon. BOB CORKER, and related expenses. (Rule XXXIX, Para- Chairman, Committee on Foreign Relations, graph 3, Standing Rules of the Senate.) Republic of Korea—AGM–65G–2 Maverick Missiles U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Pursuant to the re- f The Government of the Republic of Korea porting requirements of Section 36(b)(1) of (ROK) has requested the potential sale of ARMS SALES NOTIFICATION the Arms Export Control Act, as amended, eighty-nine (89) AGM–65G–2 Maverick mis- we are forwarding herewith Transmittal No. Mr. CORKER. Mr. President, section siles, missile containers and other related 16–85, concerning the Department of the 36(b) of the Arms Export Control Act elements of support. The total estimated Navy’s proposed Letter(s) of Offer and Ac- program cost is $70 million. requires that Congress receive prior no- ceptance to the Republic of Korea for defense This proposed sale contributes to the for- tification of certain proposed arms articles and services estimated to cost $70 eign policy and national security of the sales as defined by that statute. Upon million. After this letter is delivered to your United States. The ROK is one of the major office, we plan to issue a news release to no- such notification, the Congress has 30 political and economic powers in East Asia tify the public of this proposed sale. calendar days during which the sale and the Western Pacific and a key partner of Sincerely, may be reviewed. The provision stipu- the United States in ensuring peace and sta- J. W. RIXEY, lates that, in the Senate, the notifica- bility in the region. It is vital to U.S. na- Vice Admiral, USN Director. tional interests to assist our Korean ally in tion of proposed sales shall be sent to Enclosures. the chairman of the Senate Foreign developing and maintaining a strong and TRANSMITTAL NO. 16–85 Relations Committee. ready self-defense capability. This sale in- In keeping with the committee’s in- creases the ROK’s capability to participate Notice of Proposed Issuance of Letter of in Pacific regional security operations and Offer Pursuant to Section 36(b)(1) of the tention to see that relevant informa- improves its national security posture as a Arms Export Control Act, as amended tion is available to the full Senate, I key U.S. ally. (i) Prospective Purchaser: Republic of ask unanimous consent to have printed The proposed sale will improve the ROK’s Korea. in the RECORD the notifications which capability to meet current and future (ii) Total Estimated Value: have been received. If the cover letter threats. The ROK will use the enhanced ca- Major Defense Equipment* $60 million. references a classified annex, then such pability as a deterrent to regional threats Other $10 million. annex is available to all Senators in and to strengthen its homeland defense. The Total $70 million. the office of the Foreign Relations ROK, which already has AGM–65G missiles in (iii) Description and Quantity or Quan- its inventory, will have no difficulty absorb- tities of Articles or Services under Consider- Committee, room SD–423. ing these additional missiles. ation for Purchase: There being no objection, the mate- The proposed sale of this equipment and Major Defense Equipment (MDE): rial was ordered to be printed in the support does not affect the basic military Sixty (60) AIM–9X–2 Sidewinder Block II RECORD, as follows: balance in the region. All-Up-Round Missiles.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.062 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S589 Six (6) AIM–9X–2 Block II Tactical Guid- hanced countermeasures rejection capa- sonal friendship with Secretary Jeh ance Units. bility, low drag/high angle of attack air- Johnson to transform the Office of In- Non-MDE include: frame and the ability to integrate the Hel- telligence and Analysis. Containers, spares and missile support, met Mounted Cueing System. The software I&A’s mission is to equip the Home- U.S. government and contractor technical algorithms are the most sensitive portion of land Security Enterprise with timely assistance, and other related elements of lo- the AIM–9X–2 missile. The software con- gistics support. tinues to be modified via a pre-planned pro- intelligence and information it needs (iv) Military Department: Navy (KS-P- duction improvement (P31) program in order to keep the homeland safe, secure, and AMA). to improve its counter-countermeasure capa- resilient. It provides critical intel- (v) Prior Related Cases, if any: FMS Case bilities. No software source code or algo- ligence to the leadership of the DHS KS-P-AKR, KS-P-AKZ. rithms will be released. The missile is classi- and its components; State, local, trib- (vi) Sales Commission, Fee, etc., Paid, Of- fied as CONFIDENTIAL. al, and territorial governments, and fered, or Agreed to be Paid: None. 2. The AIM–9X–2 will result in the transfer private sector partners. The office (vii) Sensitivity of Technology Contained of sensitive technology and information. The itself was formed after the creation of in the Defense Article or Defense Services equipment, hardware, and documentation Proposed to be Sold: See Annex Attached. are classified CONFIDENTIAL. The software DHS through the Homeland Security (viii) Date Report Delivered to Congress: and operation performance are classified SE- Act of 2002 and has seen significant January 31, 2017. CRET. The seeker/guidance control section change and disruption in its short life- * As defined in Section 47(6) of the Arms and the target detector are CONFIDENTIAL time. Due to Under Secretary Taylor’s Export Control Act. and contain sensitive state-of-the-art tech- leadership, I&A is much further along POLICY JUSTIFICATION nology. Manuals and technical documenta- on its vision of becoming a premier ele- Republic of Korea—AIM–9X–2 Sidewinder tion that are necessary for support oper- ment of the IC, driving information Missiles ational use and organizational management sharing and delivering unique pre- are classified to SECRET. Performance and The Government of the Republic of Korea operating logic of the counter-measures cir- dictive intelligence and analysis to op- (ROK) has requested a possible sale of sixty cuits are classified SECRET. The hardware, erators and decisionmakers at all lev- (60) AIM–9X–2 Sidewinder Block II All-up- software, and data identified are classified to els. Round Missiles and six (6) AIM–9X–2 Block II protect vulnerabilities, design and perform- During his confirmation hearing, Tactical Guidance Units, containers, spares ance parameters and similar critical infor- General Taylor was asked why I&A and missile support, U.S. Government and mation. contractor technical assistance, and other needed to exist, given the domestic 3. If a technologically advanced adversary related elements of logistics support. The es- mission of the FBI and the analytic were to obtain knowledge of the specific timated cost is $70 million. work of the National Counterterrorism hardware and software elements, the infor- This proposed sale contributes to the for- Center. He was asked to justify the of- mation could be used to develop counter- eign policy and national security of the measures which might reduce system effec- fice’s existence if it produced one ana- United States. The ROK is one of the major tiveness or be used in the development of a lytic product per employee per year. political and economic powers in East Asia system with similar or advanced capabili- Members questioned him on the need and the Western Pacific and a key partner of ties. for State and local fusion centers and the United States in ensuring peace and sta- 4. A determination has been made that the bility in the region. It is vital to U.S. na- the support provided to them by the recipient country can provide the same de- tional interests to assist our Korean ally in Federal Government. I focused my gree of protection for the sensitive tech- developing and maintaining a strong and questions on why an intelligence agen- nology being released as the U.S. Govern- ready self-defense capability. This sale in- cy should have more than 60 percent of ment. This sale is necessary in furtherance creases the ROK’s capability to participate of the U.S. foreign policy and national secu- its staffing come from a contractor in Pacific regional security operations and rity objectives outlined in the Policy Jus- workforce. improves its national security posture as a tification. As we begin 2017, those questions are key U.S. ally. no longer applicable. Under Secretary The ROK intends to use the AIM–9X–2 5. All defense articles and services listed in Sidewinder Block II missiles to supplement this transmittal have been authorized for re- Taylor has transformed the organiza- its existing inventory of AIM–9X–2 Block II lease and export to the Republic of Korea. tion. He removed internal I&A stove- missiles. The ROK will use the enhanced ca- f pipes and realigned the organization to pability as a deterrent to regional threats more closely reflect the intelligence TRIBUTE TO BRIGADIER GENERAL and to strengthen its homeland defense. The cycle. Where homeland intelligence ROK will have no difficulty absorbing these FRANCIS XAVIER TAYLOR analysis had too often relied on repack- additional missiles into its armed forces. Mrs. FEINSTEIN. Mr. President, aging products from other members of The proposed sale of this equipment and today I wish to recognize an extraor- the IC, DHS collection now forms the support does not affect the basic military dinary public servant and a dedicated balance in the region. basis of I&A production. Under Sec- The principal contractor is Raytheon Mis- leader of the U.S. intelligence commu- retary Taylor also ordered that fin- sile Systems Company, Tucson, AZ. At this nity, Brig. Gen. Francis Xavier Taylor, ished intelligence include DHS and time, there are no known offset agreements the Under Secretary for Intelligence State-local-tribal Partner data. Within proposed in connection with this potential and Analysis, I&A, at the Department 1 year, the organization achieved great sale. of Homeland Security. success on this front, ensuring 80 per- Implementation of this proposed sale will I had the pleasure of presiding as cent of finished intelligence in fiscal not require the assignment of any additional chairman of the Intelligence Com- year 2016 included unique homeland-de- U.S. Government or contractor representa- mittee for the confirmation hearing for tives to the Republic of Korea. However, U.S. rived data. Under his leadership, I&A is Government or contractor personnel in- General Taylor in 2014 and have wit- fulfilling the unique homeland-focused country visits will be required on a tem- nessed his leadership over the past 2 role that Congress intended. The con- porary basis in conjunction with program and a half years as I&A has made per- tract workforce is below 25 percent and technical oversight and support require- haps the most impressive progress of the office is producing valuable intel- ments. any intelligence agency over this time. ligence analysis, tips to law enforce- There will be no adverse impact on U.S. de- After nearly 40 years of honorable ment, compiling and improving the fense readiness as a result of this proposed service to our Nation, Under Secretary quality of DHS data for intelligence sale. Taylor retired on the last day of the purposes, strengthening our watch list- TRANSMITTAL NO. 16–85 Obama administration. ing capability, and lending expertise to Notice of Proposed Issuance of Letter of Prior to his work at DHS, Frank decision makers from the President Offer Pursuant to Section 36(b)(1) of the Taylor served for 31 years in the U.S. Arms Export Control Act down to the cop on the beat. Air Force and at the U.S. Department Under Secretary Taylor has worked Annex Item No. vii of State as an ambassador for counter- tirelessly to mature and strengthen the (vii) Sensitivity of Technology: terrorism and head of diplomatic secu- Department’s relationship with the 1. The AIM–9X–2 Block II Sidewinder Mis- rity. He also served as vice president of State and local fusion centers and sile represents a substantial increase in mis- sile acquisition and kinematics performance security at General Electric. For the make information sharing a priority, over the AIM–9M and replaces the AIM–9X past 2 years, he has applied the leader- changing the way the IC analyzes the Block I Missile configuration. The missile ship skills, understanding of security domestic threat picture. When I have includes a high off-bore sight seeker, en- at home and abroad, and his close per- visited my local fusion center in San

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There, he the back of a napkin, he became the the Field Analysis Report, FAR, an in- helped us to identify and address first American doctor to repair a dam- telligence report written by State and waste, fraud, and abuse in government aged esophagus using a tube made from local intelligence analysts in coordina- spending and financial improvement, the patient’s stomach. A year later, it tion with I&A for the State and local audit readiness, and business trans- became a standard procedure in the audience. This is an important develop- formation at our Federal agencies. United States. ment from intelligence handed down During my 2008 Presidential campaign, In 1964, based on those experiences from intelligence agencies inside the Justin served as a senior advance team during World War II operating without Federal beltway that, at times, misses lead. It was in that context that I was electricity in the Gobi desert, he in- the mark of what the local customer first introduced to Justin’s boundless vented the Heimlich chest drain valve, needs. FARs are among the most high- love of life and energy. which drained blood and air out of the ly rated finished intelligence products Justin also served as the director for chest to help those with gunshot coming out of I&A and are a direct re- candidate operations and advance for wounds or collapsed lungs. It all start- sult of General Taylor’s vision. the Scott Brown for Senate 2012 cam- ed with a toy noisemaker he found at a Under Secretary Taylor also took to paign; a financial systems analyst with dime store. He noticed that the toy had heart the need to invest in the work- the EMCOR Group; and a Navy/NASA a flutter valve, which he realized could force and address extremely low em- University Faculty Fellowship pro- be used as a model for a valve to pre- ployee morale. He has restructured the gram manager with the American Soci- vent fluids from flowing back into the workforce, drastically reducing the ety for Engineering Education, ASEE. lungs. ratio of supervisors to workers, Justin never took his young life for This invention was immediately used streamlining management and devel- granted. An avid runner and adven- to save the lives of American soldiers oping what he calls ‘‘seed corn’’— turous soul, Justin sought to improve serving in Vietnam, and more than 4 young, junior intelligence professionals himself by taking courses in further- million of these valves have sold since brought in to rejuvenate the organiza- ance of a master’s in national security then. tion and help develop a truly home- and strategic studies at the U.S. Naval In 1968, Dr. Heimlich moved to my land-focused workforce. Besides shift- War College, after having received a hometown of Cincinnati and became ing the balance of the staff, Under Sec- B.S. in business administration from surgery director of Jewish Hospital and retary Taylor focused on hiring, grow- the University of Florida and grad- professor of surgery at the University ing, and investing in the workforce and uating East Lake High School. Also, of Cincinnati. He taught at UC until ensuring that inherently governmental unbowed by his continuing struggle 1978, when he became a professor of ad- work is done by governmental employ- with cancer and always filled with vanced clinical science at Cincinnati’s ees and clear communication between hope, Justin married the love of his Xavier University. He taught at Xavier the workforce and the leadership. life, Elizabeth. until 1989. Members of the Intelligence Com- Justin will be forever remembered In 1974, he became famous around the mittee spend most of our time on inter- for the joy he brought to the lives of world for finding a better way to save national events and the often con- his family, friends, and colleagues with someone from choking. troversial practices of the CIA, NSA, his humor, energy, and selflessness. At that time, some 4,000 Americans and FBI. We have had the luxury in the Throughout his young life, Justin al- were dying every year from choking, recent past not to have to worry on the ways made sure that those closest to and it was one of the leading causes of intelligence coming from and provided him knew how important they were to accidental death. Many of those vic- to our homeland security professionals him. tims were kids who choked on small because of the leadership and uncom- Cindy and I extend our warmest con- toys. mon skill of Under Secretary Frank dolences to Justin’s wife, Elizabeth; his With a great feeling of compassion Taylor. We owe him a tremendous debt mother, Karen; his stepmother, Jean for them, Dr. Heimlich set out to find of gratitude. I wish to thank Under Nowakowski, with whom Justin was a solution. Whatever it was, it would Secretary Taylor for his decades of ex- exceptionally close; his siblings, Bryan have to be a quick and efficient solu- ceptional service to our country and to and Damon; his niece, Magdalena and tion because, within just 4 minutes of wish him and his wife, Connie, the very nephew Jackson. being deprived of oxygen, the brain be- best in the days and years ahead as he f comes irreversibly damaged. retires for the fourth time. Dr. Heimlich thought that the con- REMEMBERING DR. HENRY Thank you. ventional techniques used at that time HEIMLICH f were not just ineffective but actually Mr. PORTMAN. Mr. President, today harmful because they risked pushing REMEMBERING ROBERT JUSTIN I wish to pay tribute to the life of a fa- the blockage farther down the wind- STEVENS mous Ohioan, Dr. Henry Heimlich. pipe, making the problem worse. Mr. MCCAIN. Mr. President, I rise The son of Jewish immigrants who At Jewish Hospital in Cincinnati, Dr. today in fond memory of Robert Justin fled Central and Eastern Europe for a Heimlich led 2 years of research that Stevens, a former staffer of mine who better life in America, Henry Judah discovered a new, more effective tech- recently passed away—entirely too Heimlich spent his life helping others. nique of dislodging objects from the young—after a long, arduous fight with As a 21-year-old medical student, he esophagus: putting pressure just below cancer. was riding a train from Connecticut to the diaphragm to create upward air Justin was exemplary in his desire to New York City when the train derailed. pressure in the chest. Just days after it serve and his love for public policy and Henry rescued one of his fellow pas- was made public, a restaurant owner in politics. He was a dedicated public sengers that day. That was the first of Washington State used it to save some- servant who worked tirelessly to im- the many lives he would save. one’s life. prove the lives of Americans. Over the By 23, he had his medical degree. Two It was simple and easy—so simple last few years, Justin managed Federal years later, he left his internship at that, within a few years, a 5-year-old policy and advocacy for homeland se- Boston City Hospital to serve in the boy in Massachusetts used it to save curity, public safety, and military-re- Navy during World War II. He was sent one of his friends. You can even use it lated issues as legislative director with to treat American Marines and Chinese on yourself if necessary. the National Governors Association. soldiers in the Gobi desert of Inner As Dr. Heimlich put it, ‘‘the best Before that, Justin worked with me Mongolia, behind Japanese lines. In thing about it is that it allows anyone and later with Senator SCOTT Brown as those rugged conditions, he came up to use it to save a life.’’ Everyone can a professional staff member at the Sen- with a new solution to help there hun- and should learn this technique.

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We will miss him, but ida over the years. The Heimlich maneuver is estimated even in his absence, his ideas will live I would like to extend my sincere by some to have saved as many as on and continue to save lives. thanks and appreciation to Adele for 50,000 or even 100,000 lives just in Amer- Thank you. all the great work she has done and ica—not to mention countless others f wish her a happy retirement. around the world. f To put a face to these numbers, con- TRIBUTE TO LAYNE BANGERTER sider that the Heimlich maneuver has Mr. CRAPO. Mr. President, today I ADDITIONAL STATEMENTS saved the lives of future-President wish to recognize the outstanding work Ronald Reagan in 1976. It has saved the of a longtime member of my Senate lives of New York City Mayor Ed Koch, staff, Layne Bangerter, who has been TRIBUTE TO RON CHASTAIN basketball commentator Dick Vitale, appointed as special assistant to Presi- ∑ Mr. BOOZMAN. Mr. President, today news anchorman John Chancellor, tele- dent Donald Trump. I wish to recognize MG Ron Chastain vision personality Simon Cowell, as Layne has been a valued member of for his four decades of service to the well as actors Walter Matthau, Eliza- my staff for more than 13 years. Serv- State of Arkansas and to our Nation. beth Taylor, Marlene Dietrich, Carrie ing as director of agriculture and nat- For 32 years, he worked at the U.S. De- Fisher, Goldie Hawn, Nicole Kidman, ural resources, he has provided sound partment of Agriculture’s Farm Serv- and Halle Berry, and so many other counsel on critical issues for our State. ice Agency and served for the last 6 people who have touched our lives. The For example, Layne dedicated count- years as my Agricultural Liaison in maneuver has been used by Cincinnati less hours to crafting the Owyhee Pub- Arkansas. He has also enjoyed a distin- Reds third basemen Todd Frazier, lic Land Management Act and has guished military career in the Arkan- Israeli Prime Minister Ehud Barak at worked to ensure sound implementa- sas National Guard that spanned near- Camp David, and an 83-year-old Clint tion of the agreement. His well-honed ly four decades. Eastwood. ability to build relationships has been Ron was born and raised in Arkansas We have all benefited from this inno- key to the success of this and many and graduated from Arkansas Tech vative technique. other efforts. University with a degree in biology in This discovery, I think, really sums As a rancher and farmer, Layne has 1972. In 1974, he began his career with unique on-the-ground experience with up Dr. Heimlich’s life, because he used the USDA. He was the supervisory pro- how Federal policies affect land, water, to say that his focus was to find ‘‘sim- gram specialist in Arkansas and dealt and people. He also has significant un- ple, creative solutions to seemingly in- with Federal farm programs at the derstanding from his work for the U.S. surmountable health and medical prob- county, district, and State levels. He is Department of Agriculture Animal and lems.’’ Time and again, he did just a recipient of the USDA Service to Ag- Plant Health Inspection Service Wild- that, authoring more than 100 sci- riculture Award and also received rec- life Services and the U.S. Fish and entific papers and presenting more ognition for his suggestions that im- Wildlife Service. He has used this expe- than 250 medical lectures over his life- proved the administration of Federal rience to inform a number of critical time. farm programs. agricultural and natural resources In 1980, he invented the MicroTrach, At the same time, Major General a more efficient portable oxygen sys- issues, including wildlife, conservation, Chastain was a dedicated member of tem that, because of its smaller size, forestry, water, and agricultural pro- the Army National Guard serving our gave patients more mobility. In 1981, grams. He knows the right balance State and Nation on weekends, eve- Dr. Heimlich received the ‘‘Distin- needs to be struck between conserva- nings, and multiple overseas deploy- guished Service Award’’ from his col- tion and responsible natural resources ments. While in uniform, he honorably leagues with the American Society of practices and that the one-size-fits-all served as deputy commanding general Abdominal Surgeons, and he received approach never works in real America. for the Arkansas Army National Guard the 1984 ‘‘Arthur Lasker Award for Layne is the kind of guy that you want at the U.S. Army Forces Command, the Public Service’’ for his ‘‘simple, prac- in your corner—he listens, uses com- adjutant general of the Arkansas Na- tical, cost-free solution to a life- mon sense, and then works to come up threatening emergency, requiring nei- with the best possible solutions. tional Guard, as Chief of Staff, war- ther great strength, [nor] special equip- Layne is positive, encouraging, and time, of U.S. Forces Korea, commander ment [n]or elaborate training.’’ affable while also having a pragmatism of the 39th Brigade Combat Team in In 1985, Surgeon General C. Everett shaped by extensive experience. His in- Iraq, and commander of the 25th Rear Koop declared that the Heimlich ma- sight will no doubt be extremely valu- Operations Center during Operation neuver was the best method to be used able to the Trump administration. Desert Storm. A veteran of two wars, when someone is choking. From 1986 to While I will miss having Layne as a Major General Chastain was awarded 2005, the American Red Cross and the member of my staff, I wish him all the the Army Distinguished Service Medal, American Heart Association issued the best in this new endeavor and look for- Legion of Merit, and two Bronze Star same recommendation. ward to our continued friendship. medals. He has also been inducted into Dr. Heimlich’s medical career lasted Thank you, Layne, for your hard work the distinguished Arkansas Military some 70 years. In his final years, he re- on behalf of Idahoans and our country, Veterans’ Hall of Fame. mained active, swimming and exer- and congratulations on this next step In 2010, ‘‘the General’’ retired from cising regularly. Living at a retirement in your career. I wish you, Betsy, and the Arkansas Army National Guard. home run by Episcopal Retirement your wonderful family continued suc- Shortly thereafter, I called to con- Services in Cincinnati, he saved the cess. gratulate him on his impressive mili- life of an 87-year-old fellow resident f tary career, and during our conversa- named Patty Ris this past May using tion, he said he would be happy to help his famous maneuver. TRIBUTE TO ADELE GRIFFIN me in any way he could. I knew that he Dr. Heimlich passed away on Decem- Mr. RUBIO. Mr. President, today I could bring his unique experience and ber 17 at age 96 at Christ Hospital in want to recognize Adele Griffin, a long- expertise to help me represent the agri- Cincinnati. He was married to his won- time Senate staffer in my Jacksonville culture community in Arkansas, so I derful wife, Jane, for 61 years, and he is office, for her years of hard work; for asked him to join my staff. survived by his four children and three me, my staff, and the people of the As a member of my team, Major Gen- grandchildren. State of Florida. eral Chastain has been a professional

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She also recognized Arkansans about the history and prop- Today xCraft offers seven drones of the critical need for all-inclusive and er care of the U.S. and Arkansas flags varying sizes and capabilities. There is integrated health care, including den- during his time with my office. no telling what their next innovation tal care and mental health services, in MG Ron Chastain dedicated his ca- will be, but I know it will be another both urban and rural communities reer to leading and serving others. I great contribution to their industry served by FQHC’s. want to thank him for all that he has and the many others that depend upon Elizabeth will be sorely missed. She done on behalf of Arkansas, and I wish it. It is my honor to recognize JD, is survived by her sisters Julia, Cyn- him well on his retirement. I know he Charles, and all of the employees at thia, and Judith and children Kalil, will enjoy spending more time with his xCraft Enterprises, LLC in Coeur Carmen, and Alexis.∑ d’Alene. Thank you for your commit- family and working on his farm. As a f model public servant for so many ment to innovation and for carrying on years, his retirement and all the rec- the entrepreneurial spirit that is so MESSAGES FROM THE PRESIDENT ognition he has garnered are well de- valued in our great State of Idaho. I Messages from the President of the served.∑ look forward to following your contin- United States were communicated to ued growth and success.∑ f the Senate by Mr. Pate, one of his sec- f retaries. RECOGNIZING xCRAFT ENTERPRISES, LLC REMEMBERING ELIZABETH f HOWARD SWAIN ∑ Mr. RISCH. Mr. President, my home EXECUTIVE MESSAGES REFERRED ∑ State of Idaho has long been known for Mr. SANDERS. Mr. President, today In executive session the Presiding Of- its incredible natural resources and vi- I wish to honor Elizabeth Howard ficer laid before the Senate messages brant agricultural economy. What Swain. Elizabeth was a lifelong cham- from the President of the United some may not know, though, is that pion of community health care centers, States submitting sundry nominations Idaho is also home to a burgeoning as well as the people they serve, and a which were referred to the appropriate technology industry, thanks to a num- wonderful colleague, mother, and committee. ber of impressive innovators who bring friend. (The messages received today are After graduating from Boston Uni- their entrepreneurial spirit and innova- printed at the end of the Senate pro- versity with a B.A. in sociology and a tions to our State. As chairman of the ceedings.) Senate Committee on Small Business master’s degree in political economics, Elizabeth moved with her family to Se- f and Entrepreneurship, it is my pleas- attle, WA. In 1981, she began working ure to recognize one of these great MESSAGES FROM THE HOUSE at Seattle’s 45th Street Clinic, a Feder- innovators, xCraft Enterprises, LLC in At 12:01 p.m., a message from the ally Qualified Health Center, FQHC, Coeur d’Alene, as the Senate Small House of Representatives, delivered by and eventually became the executive Business of the Month for January 2017. Mr. Novotny, one of its reading clerks, director, a position she held for 10 xCraft has made Idaho proud with their announced that the House has passed years. Elizabeth founded the Commu- considerable success and continuous in- the following bills, in which it requests nity Health Plan of Washington and novation in and contribution to the un- the concurrence of the Senate: worked as the regional health officer at manned aerial vehicle, UAV, or drone, Public Health of Seattle and King H.R. 58. An act to require the Secretary of Homeland Security to submit a study on the industry. County, as well as the assistant vice Cofounder and CEO JD Claridge has circumstances which may impact the effec- president for public policy for the Com- always had a passion for flight. He tiveness and availability of first responders munity Health Network of Washington. before, during, or after a terrorist threat or built numerous flying toys as a child, In 2005, Elizabeth was recruited to be and at the age of just 7, he constructed event, and for other purposes. CEO of the Community Health Care As- H.R. 276. An act to amend title 49, United a hang glider and even convinced a sociation of New York State, an advo- States Code, to ensure reliable air service in friend to test it. JD harnessed this life- cacy organization that supports more American Samoa. long love of flying and started xCraft than 65 FQHCs. In Albany, she was a H.R. 347. An act to amend the Homeland Enterprises, LLC, along with fellow strong advocate for community-based Security Act of 2002 to provide for require- aviation enthusiast, Charles Manning. primary care and was known for her ments relating to documentation for major Their vision for the company was to acquisition programs, and for other pur- ability to bring rival forces together poses. develop small, powerful, long-range and create partners out of adversaries. drones that serve the needs of both H.R. 366. An act to amend the Homeland Elizabeth also championed FQHC’s Security Act of 2002 to direct the Under Sec- hobbyists and commercial customers. and the importance of community- retary for Management of the Department of With the expertise and skills of their based primary care in the American Homeland Security to make certain im- team of highly educated engineers and health system in regular meetings with provements in managing the Department’s business people, they have turned their members and staff of the U.S. Senate vehicle fleet, and for other purposes. aviation dream into a successful small Health, Education, Labor, and Pension H.R. 437. An act to amend the Homeland business endeavor. Committee. While Elizabeth was grate- Security Act of 2002 to codify authority xCraft’s patent-pending drones are ful that I secured significant funding under existing grant guidance authorizing use of Urban Area Security Initiative and built with lightweight materials that for FQHCs through the Affordable Care allow for long-range flight and are also State Homeland Security Grant Program Act, as a strong supporter of universal funding for enhancing medical preparedness, capable of flying preprogrammed GPS- health care, she was disappointed that medical surge capacity, and mass prophy- enabled flight paths. Notably, the com- neither the ‘‘public option’’ provision, laxis capabilities. pany has designed a drone which has much less a single-payer Medicare for H.R. 505. An act to amend the Homeland the ability to carry and utilize a all plan, were part of the ACA. Eliza- Security Act of 2002 to strengthen account- smartphone, making it possible to link beth remained true to her commitment ability for deployment of border security advanced smartphone technology to an to provide quality health care for all technology at the Department of Homeland economically priced small drone. In ad- Americans, and she did all of this with Security, and for other purposes. dition, xCraft has been recognized as a H.R. 526. An act to amend the Homeland tremendous energy and compassion for Security Act of 2002 to establish in the De- leader in the UAV and technology in- the most vulnerable and medically un- partment of Homeland Security a board to dustries for producing one of the fast- derserved populations. coordinate and integrate departmental intel- est racing drones available on the mar- Elizabeth understood the need to ligence, activities, and policy related to ket today, exceeding speeds of 100 move health care dollars into the front counterterrorism, and for other purposes.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.038 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S593 H.R. 549. An act to amend the Imple- MEASURES REFERRED rity information related to cyber threats, menting Recommendations of the 9/11 Com- and for other purposes; to the Committee on mission Act of 2007 to clarify certain allow- The following bills were read the first Homeland Security and Governmental Af- able uses of funds for public transportation and the second times by unanimous fairs. security assistance grants and establish peri- consent, and referred as indicated: H.R. 612. An act to establish a grant pro- ods of performance for such grants, and for H.R. 58. An act to require the Secretary of gram at the Department of Homeland Secu- other purposes. Homeland Security to submit a study on the rity to promote cooperative research and de- H.R. 584. An act to amend the Homeland circumstances which may impact the effec- velopment between the United States and Security Act of 2002 to enhance preparedness tiveness and availability of first responders Israel on cybersecurity; to the Committee on and response capabilities for cyber attacks, before, during, or after a terrorist threat or Homeland Security and Governmental Af- bolster the dissemination of homeland secu- event, and for other purposes; to the Com- fairs. rity information related to cyber threats, mittee on Homeland Security and Govern- H.R. 642. An act to amend the Homeland and for other purposes. mental Affairs. Security Act of 2002 to enhance the partner- H.R. 612. An act to establish a grant pro- H.R. 276. An act a bill to amend title 49, ship between the Department of Homeland gram at the Department of Homeland Secu- United States Code, to ensure reliable air Security and the National Network of Fu- rity to promote cooperative research and de- service in American Samoa; to the Com- sion Centers, and for other purposes; to the velopment between the United States and mittee on Commerce, Science, and Transpor- Committee on Homeland Security and Gov- Israel on cybersecurity. tation. ernmental Affairs. H.R. 642. An act to amend the Homeland H.R. 339. An act to amend Public Law 94– H.R. 655. An act to amend the Homeland Security Act of 2002 to enhance the partner- 241 with respect to the Northern Mariana Is- Security Act of 2002 to establish the Secur- ship between the Department of Homeland lands; to the Committee on Energy and Nat- ing the Cities program to enhance the ability Security and the National Network of Fu- ural Resources. of the United States to detect and prevent sion Centers, and for other purposes. H.R. 347. An act to amend the Homeland H.R. 655. An act to amend the Homeland terrorist attacks and other high consequence Security Act of 2002 to provide for require- Security Act of 2002 to establish the Secur- events utilizing nuclear or other radiological ments relating to documentation for major ing the Cities program to enhance the ability materials that pose a high risk to homeland acquisition programs, and for other pur- of the United States to detect and prevent security in high-risk urban areas, and for poses; to the Committee on Homeland Secu- terrorist attacks and other high consequence other purposes; to the Committee on Home- rity and Governmental Affairs. events utilizing nuclear or other radiological land Security and Governmental Affairs. H.R. 366. An act to amend the Homeland materials that pose a high risk to homeland H.R. 665. An act to modernize and enhance Security Act of 2002 to direct the Under Sec- security in high-risk urban areas, and for airport perimeter and access control security retary for Management of the Department of other purposes. by requiring updated risk assessments and Homeland Security to make certain im- H.R. 665. An act to modernize and enhance the development of security strategies, and provements in managing the Department’s airport perimeter and access control security for other purposes; to the Committee on vehicle fleet, and for other purposes; to the by requiring updated risk assessments and Commerce, Science, and Transportation. Committee on Homeland Security and Gov- the development of security strategies, and H.R. 666. An act to amend the Homeland ernmental Affairs. for other purposes. Security Act of 2002 to establish the Insider H.R. 666. An act to amend the Homeland H.R. 381. An act to designate a mountain in Threat Program, and for other purposes; to Security Act of 2002 to establish the Insider the John Muir Wilderness of the Sierra Na- the Committee on Homeland Security and Threat Program, and for other purposes. tional Forest as ‘‘Sky Point’’ ; to the Com- Governmental Affairs. H.R. 677. An act to amend the Homeland mittee on Energy and Natural Resources. H.R. 677. An act to amend the Homeland Security Act of 2002 to establish chemical, H.R. 437. An act to amend the Homeland Security Act of 2002 to establish chemical, biological, radiological, and nuclear intel- Security Act of 2002 to codify authority biological, radiological, and nuclear intel- ligence and information sharing functions of under existing grant guidance authorizing ligence and information sharing functions of the Office of Intelligence and Analysis of the use of Urban Area Security Initiative and the Office of Intelligence and Analysis of the Department of Homeland Security and to re- State Homeland Security Grant Program Department of Homeland Security and to re- quire dissemination of information analyzed funding for enhancing medical preparedness, quire dissemination of information analyzed by the Department to entities with respon- medical surge capacity, and mass prophy- by the Department to entities with respon- sibilities relating to homeland security, and laxis capabilities; to the Committee on sibilities relating to homeland security, and for other purposes. Homeland Security and Governmental Af- for other purposes; to the Committee on H.R. 678. An act to require an assessment fairs. Homeland Security and Governmental Af- H.R. 505. An act to amend the Homeland of fusion center personnel needs, and for fairs. Security Act of 2002 to strengthen account- other purposes. H.R. 678. An act to require an assessment ability for deployment of border security H.R. 687. An act to amend the Homeland of fusion center personnel needs, and for technology at the Department of Homeland Security Act of 2002 to establish a process to other purposes; to the Committee on Home- Security, and for other purposes; to the Com- review applications for certain grants to pur- land Security and Governmental Affairs. mittee on Homeland Security and Govern- chase equipment or systems that do not H.R. 687. An act to amend the Homeland mental Affairs. meet or exceed any applicable national vol- Security Act of 2002 to establish a process to H.R. 526. An act to amend the Homeland untary consensus standards, and for other review applications for certain grants to pur- Security Act of 2002 to establish in the De- purposes. chase equipment or systems that do not partment of Homeland Security a board to H.R. 690. An act to amend the Homeland meet or exceed any applicable national vol- coordinate and integrate departmental intel- Security Act of 2002 to enhance certain du- untary consensus standards, and for other ligence, activities, and policy related to ties of the Domestic Nuclear Detection Of- purposes; to the Committee on Homeland Se- counterterrorism, and for other purposes; to fice, and for other purposes. curity and Governmental Affairs. the Committee on Homeland Security and H.R. 697. An act to amend the Homeland H.R. 690. An act to amend the Homeland Security Act of 2002 to improve the manage- Governmental Affairs. H.R. 538. An act to redesignate Ocmulgee Security Act of 2002 to enhance certain du- ment and administration of the security ties of the Domestic Nuclear Detection Of- clearance processes throughout the Depart- National Monument in the State of Georgia and revise its boundary, and for other pur- fice, and for other purposes; to the Com- ment of Homeland Security, and for other mittee on Homeland Security and Govern- purposes. poses; to the Committee on Energy and Nat- ural Resources. mental Affairs. At 5:08 p.m., a message from the H.R. 549. An act to amend the Imple- H.R. 697. An act to amend the Homeland Security Act of 2002 to improve the manage- House of Representatives, delivered by menting Recommendations of the 9/11 Com- mission Act of 2007 to clarify certain allow- ment and administration of the security Mr. Novotny, one of its reading clerks, clearance processes throughout the Depart- announced that the House has passed able uses of funds for public transportation security assistance grants and establish peri- ment of Homeland Security, and for other the following joint resolutions, in ods of performance for such grants, and for purposes; to the Committee on Homeland Se- which it requests the concurrence of other purposes; to the Committee on Home- curity and Governmental Affairs. the Senate: land Security and Governmental Affairs. H.J. Res. 38. Joint resolution disapproving H.R. 558. An act to adjust the boundary of f the rule submitted by the Department of the the Kennesaw Mountain National Battlefield Interior known as the Stream Projection Park to include the Wallis House and MEASURES READ THE FIRST TIME Rule. Harriston Hill, and for other purposes; to the H.J. Res. 41. Joint resolution providing for Committee on Energy and Natural Re- The following bill was read the first congressional disapproval under chapter 8 of sources. time: title 5, United States Code, of a rule sub- H.R. 584. An act to amend the Homeland S. 274. A bill to nullify the effect of the re- mitted by the Securities and Exchange Com- Security Act of 2002 to enhance preparedness cent executive order that temporarily re- mission relating to ‘‘Disclosure of Payments and response capabilities for cyber attacks, stricted individuals from certain countries by Resource Extraction Issuers’’. bolster the dissemination of homeland secu- from entering the United States.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.019 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S594 CONGRESSIONAL RECORD — SENATE February 1, 2017 REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND S. 259. A bill to modify the prohibition on JOINT RESOLUTIONS recognition by United States courts of cer- The following reports of committees tain rights relating to certain marks, trade were submitted: The following bills and joint resolu- names, or commercial names; to the Com- By Mr. ROBERTS, from the Committee on tions were introduced, read the first mittee on the Judiciary. Agriculture, Nutrition, and Forestry, with- and second times by unanimous con- By Mr. CORNYN (for himself, Mr. out amendment: sent, and referred as indicated: RISCH, Mr. ROBERTS, Mr. PORTMAN, S. Res. 30. An original resolution author- By Mr. UDALL (for himself and Mr. Mr. TILLIS, Mr. CASSIDY, Mr. RUBIO, RASSLEY C AIN izing expenditures by the Committee on Ag- HEINRICH): Mr. G , Mr. M C , Mr. riculture, Nutrition, and Forestry. S. 249. A bill to provide that the pueblo of INHOFE, Mr. FLAKE, Mr. HELLER, Mr. By Ms. COLLINS, from the Special Com- Santa Clara may lease for 99 years certain THUNE, Mr. DAINES, Mr. MORAN, Mr. mittee on Aging, without amendment: restricted land, and for other purposes; to BLUNT, Mr. COCHRAN, Mr. SCOTT, Mr. S. Res. 31. An original resolution author- the Committee on Indian Affairs. TOOMEY, Mr. JOHNSON, Mr. ISAKSON, izing the expenditures by the Special Com- By Mr. SCHATZ (for himself, Ms. HAS- Mr. SHELBY, and Mr. WICKER): S. 260. A bill to repeal the provisions of the mittee on Aging. SAN, Mrs. SHAHEEN, Ms. HIRONO, and Patient Protection and Affordable Care Act By Mr. RISCH, from the Committee on Ms. CANTWELL): Small Business and Entrepreneurship, with- S. 250. A bill to prohibit any hiring freeze providing for the Independent Payment Ad- out amendment: from affecting any Department of Defense visory Board; to the Committee on Finance. S. Res. 32. An original resolution author- position at, or in support of, a public ship- By Mr. BLUNT (for himself, Mr. KING, izing expenditures by the Committee on yard; to the Committee on Armed Services. Mrs. MCCASKILL, Mr. MCCAIN, Mr. BOOZMAN, Mr. SCOTT, and Ms. Small Business and Entrepreneurship. By Mr. WYDEN (for himself, Mr. HEIN- HEITKAMP): By Ms. MURKOWSKI, from the Committee RICH, and Ms. STABENOW): S. 261. A bill to amend the Federal Food, on Energy and Natural Resources, without S. 251. A bill to repeal the Independent Drug, and Cosmetic Act to improve and clar- amendment: Payment Advisory Board in order to ensure ify certain disclosure requirements for res- S. Res. 33. An original resolution author- that it cannot be used to undermine the taurants and similar retail food establish- izing expenditures by the Committee on En- Medicare entitlement for beneficiaries; to ments, and to amend the authority to bring ergy and Natural Resources. the Committee on Finance. proceedings under section 403A; to the Com- By Mr. JOHNSON, from the Committee on By Mr. NELSON (for himself, Mr. mittee on Health, Education, Labor, and Homeland Security and Governmental Af- LEAHY, Mr. DURBIN, Mr. KING, Mr. Pensions. fairs, without amendment: REED, Mr. BLUMENTHAL, Mr. BROWN, By Mrs. CAPITO (for herself, Mr. S. Res. 34. An original resolution author- Ms. STABENOW, Mr. SANDERS, Ms. BROWN, Mr. PORTMAN, Mr. CASEY, and izing expenditures by the Committee on BALDWIN, Ms. HIRONO, Mr. UDALL, Mr. Ms. STABENOW): Homeland Security and Governmental Af- FRANKEN, Ms. KLOBUCHAR, and Mr. fairs. S. 262. A bill to amend the Internal Rev- WHITEHOUSE): enue Code of 1986 to extend and modify the By Mr. HOEVEN, from the Committee on S. 252. A bill to amend title XVIII of the Indian Affairs, without amendment: section 45 credit for refined coal from steel Social Security Act to require drug manufac- industry fuel, and for other purposes; to the S. Res. 36. An original resolution author- turers to provide drug rebates for drugs dis- izing expenditures by the Senate Committee Committee on Finance. pensed to low-income individuals under the By Mrs. CAPITO (for herself, Mr. on Indian Affairs. Medicare prescription drug benefit program; FLAKE, Mr. MANCHIN, Mrs. FISCHER, By Mr. CORKER, from the Committee on to the Committee on Finance. Foreign Relations, without amendment: Mr. CORNYN, and Mr. INHOFE): By Mr. CARDIN (for himself, Ms. COL- S. 263. A bill to facilitate efficient State S. Res. 37. An original resolution author- LINS, Mr. CASEY, and Mr. HELLER): izing expenditures by the Committee on For- implementation of ground-level ozone stand- S. 253. A bill to amend title XVIII of the ards, and for other purposes; to the Com- eign Relations. Social Security Act to repeal the Medicare By Mr. ALEXANDER, from the Committee mittee on Environment and Public Works. outpatient rehabilitation therapy caps; to By Mr. LANKFORD (for himself and on Health, Education, Labor, and Pensions, the Committee on Finance. without amendment: Mr. PAUL): By Mr. UDALL (for himself, Ms. MUR- S. 264. A bill to amend the Internal Rev- S. Res. 39. An original resolution author- KOWSKI, Ms. HEITKAMP, Mr. TESTER, enue Code of 1986 to allow charitable organi- izing expenditures by the Committee on Mr. FRANKEN, Mr. HEINRICH, and Mr. zations to make statements relating to polit- Health, Education, Labor, and Pensions. SCHATZ): ical campaigns if such statements are made By Mr. THUNE, from the Committee on S. 254. A bill to amend the Native Amer- in ordinary course of carrying out its tax ex- Commerce, Science, and Transportation, ican Programs Act of 1974 to provide flexi- empt purpose; to the Committee on Finance. without amendment: bility and reauthorization to ensure the sur- By Ms. BALDWIN (for herself, Ms. H.R. 255. An act to authorize the National vival and continuing vitality of Native WARREN, Mr. BLUMENTHAL, Mr. Science Foundation to support entrepre- American languages; to the Committee on SCHATZ, Mr. VAN HOLLEN, and Mr. neurial programs for women. Indian Affairs. MERKLEY): H.R. 321. An act to inspire women to enter By Mr. SCHATZ (for himself, Mr. S. 265. A bill to prevent conflicts of inter- the aerospace field, including science, tech- BROWN, Mrs. MURRAY, Mr. CARDIN, est that stem from executive Government nology, engineering, and mathematics, and Mr. VAN HOLLEN): employees receiving bonuses or other com- through mentorship and outreach. S. 255. A bill to increase the rates of pay pensation arrangements from nongovern- f under the General Schedule and other statu- ment sources, from the revolving door that tory pay systems and for prevailing rate em- raises concerns about the independence of fi- EXECUTIVE REPORTS OF ployees by 3.2 percent, and for other pur- COMMITTEES nancial services regulators, and from the re- poses; to the Committee on Homeland Secu- volving door that casts aspersions over the The following executive reports of rity and Governmental Affairs. awarding of Government contracts and other nominations were submitted: By Ms. HEITKAMP (for herself and Ms. financial benefits; to the Committee on COLLINS): Homeland Security and Governmental Af- By Mr. HATCH for the Committee on Fi- S. 256. A bill to establish the Stop, Ob- nance. fairs. serve, Ask, and Respond to Health and By Mr. HATCH (for himself and Mr. *Steven T. Mnuchin, of California, to be Wellness Training pilot program to address Secretary of the Treasury. CARDIN): human trafficking in the health care system; S. 266. A bill to award the Congressional *Thomas Price, of Georgia, to be Secretary to the Committee on Health, Education, Gold Medal to Anwar Sadat in recognition of of Health and Human Services. Labor, and Pensions. his heroic achievements and courageous con- By Mr. GRASSLEY for the Committee on By Mr. KING (for himself and Ms. COL- tributions to peace in the Middle East; to the the Judiciary. LINS): Committee on Banking, Housing, and Urban Jeff Sessions, of Alabama, to be Attorney S. 257. A bill to clarify the boundary of Affairs. General. Acadia National Park, and for other pur- By Mr. SULLIVAN (for himself and Ms. *Nomination was reported with rec- poses; to the Committee on Energy and Nat- MURKOWSKI): ommendation that it be confirmed sub- ural Resources. S. 267. A bill to provide for the correction ject to the nominee’s commitment to By Mr. NELSON (for himself and Mr. of a survey of certain land in the State of respond to requests to appear and tes- RUBIO): Alaska; to the Committee on Energy and tify before any duly constituted com- S. 258. A bill to provide for the restoration Natural Resources. of legal rights for claimants under holo- By Mr. YOUNG (for himself and Mr. mittee of the Senate. caust-era insurance policies; to the Com- RUBIO): (Nominations without an asterisk mittee on the Judiciary. S. 268. A bill to provide the legal frame- were reported with the recommenda- By Mr. NELSON (for himself, Mr. work necessary for the growth of innovative tion that they be confirmed.) RUBIO, and Mr. MENENDEZ): private financing options for students to

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.024 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S595 fund postsecondary education, and for other the annual proposal of the Independent Medi- By Mr. CORKER: purposes; to the Committee on Finance. care Advisory Board under section 1899A of S. Res. 37. An original resolution author- By Ms. MURKOWSKI (for herself and the Social Security Act; to the Committee izing expenditures by the Committee on For- Mr. SULLIVAN): on Finance. eign Relations; from the Committee on For- S. 269. A bill to provide for the conveyance By Mr. SULLIVAN (for himself and Ms. eign Relations; to the Committee on Rules of certain property to the Tanana Tribal MURKOWSKI): and Administration. Council located in Tanana, Alaska, and to S.J. Res. 18. A joint resolution providing By Ms. HIRONO (for herself, Mr. SAND- the Bristol Bay Area Health Corporation lo- for congressional disapproval under chapter 8 ERS, Mr. WYDEN, Mr. BOOKER, Mr. cated in Dillingham, Alaska, and for other of title 5, United States Code, of the final SCHATZ, Mr. BROWN, Mr. WHITEHOUSE, purposes; to the Committee on Indian Af- rule submitted by the Department of the In- Ms. CANTWELL, Ms. WARREN, Mr. fairs. terior relating to Non-Subsistence Take of BLUMENTHAL, Mr. MERKLEY, Mr. By Mr. ENZI (for himself, Mr. ALEX- Wildlife, and Public Participation and Clo- KAINE, Mrs. MURRAY, Mr. COONS, and ANDER, Mr. PORTMAN, and Mr. ISAK- sure Procedures, on National Wildlife Ref- Mr. DURBIN): SON): uges in Alaska; to the Committee on Energy S. Res. 38. A resolution recognizing Janu- S. 270. A bill to prohibit the use of pre- and Natural Resources. ary 30, 2017, as ‘‘Fred Korematsu Day of Civil miums paid to the Pension Benefit Guaranty By Mr. PERDUE (for himself, Mr. COT- Liberties and the Constitution’’; to the Com- Corporation as an offset for other Federal TON, Mr. ISAKSON, Mr. JOHNSON, Mr. mittee on the Judiciary. spending; to the Committee on the Budget. LANKFORD, Mr. LEE, and Mr. By Mr. ALEXANDER: By Mrs. FISCHER: ROUNDS): S. Res. 39. An original resolution author- S. 271. A bill to strengthen highway fund- S.J. Res. 19. A joint resolution providing izing expenditures by the Committee on ing in the near term, to offer States addi- for congressional disapproval under chapter 8 Health, Education, Labor, and Pensions; tional financing tools, and for other pur- of title 5, United States Code, of the rule from the Committee on Health, Education, poses; to the Committee on Homeland Secu- submitted by the Bureau of Consumer Finan- Labor, and Pensions; to the Committee on rity and Governmental Affairs. cial Protection relating to prepaid accounts Rules and Administration. By Mr. SCHATZ (for himself, Mr. under the Electronic Fund Transfer Act and By Ms. HEITKAMP (for herself, Mr. BROWN, Ms. WARREN, and Mr. the Truth in Lending Act; to the Committee LANKFORD, Ms. STABENOW, Ms. BALD- MERKLEY): on Banking, Housing, and Urban Affairs. WIN, Mr. SCHATZ, Mr. UDALL, Mr. S. 272. A bill to enhance the security oper- THUNE, Mr. MORAN, Mr. TESTER, Mr. f ations of the Transportation Security Ad- HEINRICH, Mr. DAINES, Mr. HOEVEN, ministration and the stability of the trans- SUBMISSION OF CONCURRENT AND Ms. KLOBUCHAR, Mrs. MURRAY, Mr. portation security workforce by applying a SENATE RESOLUTIONS FRANKEN, Mr. PETERS, Ms. HIRONO, unified personnel system under title 5, and Mr. BARRASSO): United States Code, to employees of the The following concurrent resolutions S. Res. 40. A resolution designating the Transportation Security Administration who and Senate resolutions were read, and week beginning on February 5, 2017, as ‘‘Na- are responsible for screening passengers and referred (or acted upon), as indicated: tional Tribal Colleges and Universities property, and for other purposes; to the Com- Week’’; considered and agreed to. mittee on Commerce, Science, and Transpor- By Mr. ROBERTS: S. Res. 30. An original resolution author- By Ms. KLOBUCHAR (for herself, Mr. tation. PERDUE, Ms. HIRONO, Mr. CRAPO, and By Mr. RISCH (for himself, Mr. CRAPO, izing expenditures by the Committee on Ag- riculture, Nutrition, and Forestry; from the Mrs. FEINSTEIN): Mr. HATCH, Mr. HELLER, Mr. LEE, Mr. S. Res. 41. A resolution raising awareness DAINES, and Mr. ENZI): Committee on Agriculture, Nutrition, and Forestry; to the Committee on Rules and Ad- and encouraging the prevention of stalking S. 273. A bill to provide for the protection by designating January 2017 as ‘‘National and recovery of the greater sage-grouse by ministration. By Ms. COLLINS: Stalking Awareness Month’’; considered and facilitating State recovery plans, and for agreed to. other purposes; to the Committee on Envi- S. Res. 31. An original resolution author- ronment and Public Works. izing the expenditures by the Special Com- f By Mrs. FEINSTEIN (for herself, Mr. mittee on Aging; from the Special Com- ADDITIONAL COSPONSORS SCHUMER, Mr. DURBIN, Ms. KLO- mittee on Aging; to the Committee on Rules BUCHAR, Mr. BLUMENTHAL, Mr. and Administration. S. 18 WYDEN, Ms. CANTWELL, Mr. UDALL, By Mr. RISCH: At the request of Mr. MORAN, the Mr. VAN HOLLEN, Mr. MURPHY, Mrs. S. Res. 32. An original resolution author- name of the Senator from Oklahoma izing expenditures by the Committee on GILLIBRAND, Mr. MERKLEY, Mr. CAR- (Mr. LANKFORD) was added as a cospon- PER, Mr. SANDERS, Mr. MARKEY, Ms. Small Business and Entrepreneurship; from the Committee on Small Business and Entre- sor of S. 18, a bill to promote freedom, BALDWIN, Mr. CARDIN, Mr. HEINRICH, fairness, and economic opportunity by Ms. HASSAN, Mr. BROWN, Ms. STABE- preneurship; to the Committee on Rules and repealing the income tax and other NOW, Ms. CORTEZ MASTO, Mr. KAINE, Administration. Ms. HARRIS, Mr. LEAHY, Mr. PETERS, By Ms. MURKOWSKI: taxes, abolishing the Internal Revenue Mr. COONS, Mr. MENENDEZ, Mrs. MUR- S. Res. 33. An original resolution author- Service, and enacting a national sales RAY, Mr. BOOKER, Mr. WHITEHOUSE, izing expenditures by the Committee on En- tax to be administered primarily by Mr. FRANKEN, Ms. HIRONO, Ms. WAR- ergy and Natural Resources; from the Com- the States. mittee on Energy and Natural Resources; to REN, Mr. KING, Mr. CASEY, Mr. WAR- S. 55 NER, Mr. REED, Mr. SCHATZ, Mrs. the Committee on Rules and Administration. At the request of Mrs. GILLIBRAND, SHAHEEN, Ms. DUCKWORTH, and Mr. By Mr. JOHNSON: BENNET): S. Res. 34. An original resolution author- the name of the Senator from New S. 274. A bill to nullify the effect of the re- izing expenditures by the Committee on York (Mr. SCHUMER) was added as a co- cent executive order that temporarily re- Homeland Security and Governmental Af- sponsor of S. 55, a bill to authorize the stricted individuals from certain countries fairs; from the Committee on Homeland Se- Secretary of the Interior to conduct a from entering the United States; read the curity and Governmental Affairs; to the special resource study of Fort Ontario Committee on Rules and Administration. first time. in the State of New York. By Mr. WYDEN (for himself, Mr. HEIN- By Mr. CARDIN (for himself, Mr. S. 82 RICH, and Ms. STABENOW): RUBIO, Mr. DURBIN, Mr. COTTON, Mr. S.J. Res. 16. A joint resolution approving MENENDEZ, Mr. BLUNT, Mr. NELSON, At the request of Mr. REED, the name the discontinuation of the process for consid- Mr. GARDNER, Mr. KAINE, and Mr. of the Senator from Wisconsin (Ms. eration and automatic implementation of PERDUE): BALDWIN) was added as a cosponsor of the annual proposal of the Independent Medi- S. Res. 35. A resolution expressing pro- S. 82, a bill to amend the Internal Rev- care Advisory Board under section 1899A of found concern about the ongoing political, enue Code of 1986 to expand the denial the Social Security Act; to the Committee economic, social and humanitarian crisis in on Finance. Venezuela, urging the release of political of deduction for certain excessive em- By Mr. CORNYN (for himself, Mr. prisoners, and calling for respect of constitu- ployee remuneration, and for other RISCH, Mr. ROBERTS, Mr. PORTMAN, tional and democratic processes, including purposes. Mr. CASSIDY, Mr. GRASSLEY, Mr. free and fair elections; to the Committee on S. 87 MCCAIN, Mr. INHOFE, Mr. HELLER, Mr. Foreign Relations. At the request of Mr. TOOMEY, the THUNE, Mr. DAINES, Mr. MORAN, Mr. By Mr. HOEVEN: name of the Senator from Mississippi JOHNSON, Mr. ISAKSON, and Mr. S. Res. 36. An original resolution author- (Mr. COCHRAN) was added as a cospon- SCOTT): izing expenditures by the Senate Committee S.J. Res. 17. A joint resolution approving on Indian Affairs; from the Committee on In- sor of S. 87, a bill to ensure that State the discontinuation of the process for consid- dian Affairs; to the Committee on Rules and and local law enforcement may cooper- eration and automatic implementation of Administration. ate with Federal officials to protect

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.022 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S596 CONGRESSIONAL RECORD — SENATE February 1, 2017 our communities from violent crimi- (Mr. JOHNSON) was added as a cosponsor S.J. RES. 14 nals and suspected terrorists who are of S. 236, a bill to amend the Internal At the request of Mr. GRASSLEY, the illegally present in the United States. Revenue Code of 1986 to reform tax- names of the Senator from Mississippi S. 96 ation of alcoholic beverages. (Mr. WICKER), the Senator from Mis- At the request of Ms. KLOBUCHAR, the S. 240 sissippi (Mr. COCHRAN), the Senator name of the Senator from Maine (Mr. At the request of Mrs. FEINSTEIN, the from Oklahoma (Mr. INHOFE) and the KING) was added as a cosponsor of S. 96, names of the Senator from Hawaii (Mr. Senator from Nevada (Mr. HELLER) a bill to amend the Communications SCHATZ), the Senator from Colorado were added as cosponsors of S.J. Res. Act of 1934 to ensure the integrity of (Mr. BENNET), the Senator from Illinois 14, a joint resolution providing for con- voice communications and to prevent (Ms. DUCKWORTH) and the Senator from gressional disapproval under chapter 8 unjust or unreasonable discrimination New Hampshire (Mrs. SHAHEEN) were of title 5, United States Code, of the among areas of the United States in added as cosponsors of S. 240, a bill to rule submitted by the Social Security the delivery of such communications. nullify the effect of the recent execu- Administration relating to Implemen- S. 175 tive order that temporarily restricted tation of the NICS Improvement At the request of Mr. MANCHIN, the individuals from certain countries Amendments Act of 2007. name of the Senator from Alaska (Ms. from entering the United States. S. CON. RES. 6 MURKOWSKI) was added as a cosponsor S. 247 At the request of Mr. BARRASSO, the of S. 175, a bill to amend the Surface At the request of Ms. STABENOW, the names of the Senator from Montana Mining Control and Reclamation Act of names of the Senator from Minnesota (Mr. TESTER) and the Senator from Wy- 1977 to transfer certain funds to the (Mr. FRANKEN) and the Senator from oming (Mr. ENZI) were added as cospon- Multiemployer Health Benefit Plan Pennsylvania (Mr. CASEY) were added sors of S. Con. Res. 6, a concurrent res- and the 1974 United Mine Workers of as cosponsors of S. 247, a bill to provide olution supporting the Local Radio America Pension Plan, and for other an incentive for businesses to bring Freedom Act. purposes. jobs back to America. S. RES. 18 S. 178 S. 248 At the request of Mr. COONS, the At the request of Mr. GRASSLEY, the name of the Senator from Oregon (Mr. name of the Senator from Florida (Mr. At the request of Mr. MURPHY, the names of the Senator from Delaware MERKLEY) was added as a cosponsor of RUBIO) was added as a cosponsor of S. (Mr. CARPER), the Senator from New S. Res. 18, a resolution reaffirming the 178, a bill to prevent elder abuse and United States-Argentina partnership exploitation and improve the justice York (Mrs. GILLIBRAND), the Senator from Vermont (Mr. LEAHY) and the and recognizing Argentina’s economic system’s response to victims in elder reforms. abuse and exploitation cases. Senator from Massachusetts (Mr. MAR- KEY) were added as cosponsors of S. 248, f S. 203 a bill to block implementation of the At the request of Mr. BURR, the STATEMENTS ON INTRODUCED Executive Order that restricts individ- names of the Senator from Michigan BILLS AND JOINT RESOLUTIONS uals from certain countries from enter- (Mr. PETERS) and the Senator from ing the United States. By Mr. CARDIN (for himself, Ms. Missouri (Mr. BLUNT) were added as co- COLLINS, Mr. CASEY, and Mr. S.J. RES. 8 sponsors of S. 203, a bill to reaffirm HELLER): At the request of Mr. UDALL, the that the Environmental Protection S. 253. A bill to amend title XVIII of name of the Senator from Oregon (Mr. Agency may not regulate vehicles used the Social Security Act to repeal the MERKLEY) was added as a cosponsor of solely for competition, and for other Medicare outpatient rehabilitation S.J. Res. 8, a joint resolution proposing purposes. therapy caps; to the Committee on Fi- an amendment to the Constitution of S. 220 nance. the United States relating to contribu- At the request of Mr. SASSE, the Mr. CARDIN. Mr. President, I rise in tions and expenditures intended to af- name of the Senator from South Da- support of the Medicare Access to Re- fect elections. kota (Mr. ROUNDS) was added as a co- habilitation Services Act, which I am sponsor of S. 220, a bill to amend title S.J. RES. 9 introducing today with my colleagues 18, United States Code, to prohibit a At the request of Mr. INHOFE, the Senators COLLINS, CASEY, and HELLER. health care practitioner from failing to names of the Senator from Arizona This important bill repeals the mone- exercise the proper degree of care in (Mr. FLAKE), the Senator from Wyo- tary caps that limit Medicare bene- the case of a child who survives an ming (Mr. BARRASSO), the Senator from ficiaries’ access to medically necessary abortion or attempted abortion. Mississippi (Mr. COCHRAN), the Senator outpatient physical therapy, occupa- S. 224 from Kansas (Mr. ROBERTS), the Sen- tional therapy, and speech-language At the request of Mr. RUBIO, the ator from Texas (Mr. CORNYN), the Sen- pathology services. names of the Senator from South Caro- ator from Utah (Mr. HATCH), the Sen- Limits on outpatient rehabilitation lina (Mr. GRAHAM), the Senator from ator from Kentucky (Mr. PAUL), the therapy services under Medicare were Iowa (Mr. GRASSLEY) and the Senator Senator from Alaska (Mr. SULLIVAN), first imposed in 1997 as part of the Bal- from South Dakota (Mr. THUNE) were the Senator from Oklahoma (Mr. anced Budget Act. The decision to im- added as cosponsors of S. 224, a bill to LANKFORD) and the Senator from Penn- pose limits on these services was not amend title 18, United States Code, to sylvania (Mr. TOOMEY) were added as based on data, quality-of-care con- prohibit taking minors across State cosponsors of S.J. Res. 9, a joint resolu- cerns, or clinical judgment—its sole lines in circumvention of laws requir- tion providing for congressional dis- purpose was to limit spending in order ing the involvement of parents in abor- approval under chapter 8, of title 5, to balance the Federal budget. Since tion decisions. United States Code, of the rule sub- 1997, Congress has acted 12 times to S. 229 mitted by the Securities and Exchange prevent the implementation of the At the request of Mr. HEINRICH, the Commission relating to the disclosure therapy caps through moratoriums and names of the Senator from Massachu- of payments by resource extraction an exceptions process. While these setts (Ms. WARREN) and the Senator issuers. short-term actions have provided nec- from Oregon (Mr. MERKLEY) were added S.J. RES. 10 essary relief to our seniors, a long-term as cosponsors of S. 229, a bill to provide At the request of Mr. THUNE, his solution is essential to bring perma- for the confidentiality of information name was added as a cosponsor of S.J. nent relief and much-needed stability submitted in requests for the Deferred Res. 10, a joint resolution providing for for both patients and providers. Action for Childhood Arrivals Program congressional disapproval under chap- We need a full repeal of the existing and for other purposes. ter 8 of title 5, United States Code, of caps on physical therapy, occupational S. 236 the final rule submitted by the Sec- therapy, and speech-language pathol- At the request of Mr. WYDEN, the retary of the Interior relating to ogy services. These annual financial name of the Senator from Wisconsin stream protection. caps limit services often needed after a

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.014 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S597 stroke, traumatic brain injury, or spi- SIDY, Mr. RUBIO, Mr. GRASSLEY, (1) not to exceed $200,000 may be expended nal cord injury, or to effectively man- Mr. MCCAIN, Mr. INHOFE, Mr. for the procurement of the services of indi- age conditions such as Parkinson’s dis- FLAKE, Mr. HELLER, Mr. THUNE, vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- ease, multiple sclerosis, and arthritis. Mr. DAINES, Mr. MORAN, Mr. lative Reorganization Act of 1946 (2 U.S.C. Arbitrary caps on these vital Medicare BLUNT, Mr. COCHRAN, Mr. 4301(i))); and outpatient therapy services are simply SCOTT, Mr. TOOMEY, Mr. JOHN- (2) not to exceed $40,000 may be expended unacceptable. They also discriminate SON, Mr. ISAKSON, Mr. SHELBY, for the training of the professional staff of against the oldest and sickest Medicare and Mr. WICKER): the committee (under procedures specified beneficiaries, who typically require the S. 260. A bill to repeal the provisions by section 202(j) of that Act). most intensive therapy, and disadvan- of the Patient Protection and Afford- (b)EXPENSES FOR FISCAL YEAR 2018 PE- tage Medicare beneficiaries who live in able Care Act providing for the Inde- RIOD.—The expenses of the committee for the regions with higher health care costs. pendent Payment Advisory Board; to period October 1, 2017 through September 30, In a 2009 report issued by the Medi- the Committee on Finance. 2018 under this resolution shall not exceed care Payment Advisory Committee, Mr. CORNYN. Mr. President, I ask $4,223,716, of which amount— (1) not to exceed $200,000 may be expended MEDPAC, it was estimated that the unanimous consent that the text of the for the procurement of the services of indi- therapy cap, if enforced without an ex- bill be printed in the RECORD. vidual consultants, or organizations thereof ceptions process, could negatively im- There being no objection, the text of (as authorized by section 202(i) of the Legis- pact 931,000 Medicare beneficiaries. Ar- the bill was ordered to be printed in lative Reorganization Act of 1946 (2 U.S.C. bitrarily capping outpatient rehabilita- the RECORD, as follows: 4301(i))); and tion therapy services would likely S. 260 (2) not to exceed $40,000 may be expended for the training of the professional staff of cause some beneficiaries to delay nec- Be it enacted by the Senate and House of Rep- the committee (under procedures specified essary care, force others to assume resentatives of the United States of America in by section 202(j) of that Act). higher out-of-pocket costs, and disrupt Congress assembled, (c)EXPENSES FOR PERIOD ENDING FEBRUARY the continuum of care for many seniors SECTION 1. SHORT TITLE. 28, 2019.—The expenses of the committee for This Act may be cited as the ‘‘Protecting and individuals with disabilities. the period October 1, 2018 through February Seniors’ Access to Medicare Act of 2017’’. I urge my colleagues to join me and 28, 2019 under this resolution shall not exceed Senator COLLINS in supporting the SEC. 2. REPEAL OF THE INDEPENDENT PAYMENT $1,759,882, of which amount— ADVISORY BOARD. Medicare Access to Rehabilitation (1) not to exceed $200,000 may be expended Effective as of the enactment of the Pa- Services Act to ensure that our seniors for the procurement of the services of indi- tient Protection and Affordable Care Act vidual consultants, or organizations thereof have access to the outpatient rehabili- (Public Law 111–148), sections 3403 and 10320 (as authorized by section 202(i) of the Legis- tation therapy services that they need. of such Act (including the amendments made lative Reorganization Act of 1946 (2 U.S.C. Mr. President, I ask unanimous con- by such sections) are repealed, and any pro- 4301(i))); and sent that the text of the bill be printed vision of law amended by such sections is (2) not to exceed $40,000 may be expended hereby restored as if such sections had not in the RECORD. for the training of the professional staff of been enacted into law. There being no objection, the text of the committee (under procedures specified the bill was ordered to be printed in f by section 202(j) of that Act). the RECORD, as follows: SUBMITTED RESOLUTIONS SEC. 3. REPORTING LEGISLATION. S. 253 The committee shall report its findings, Be it enacted by the Senate and House of Rep- together with such recommendations for leg- resentatives of the United States of America in SENATE RESOLUTION 30—AUTHOR- islation as it deems advisable, to the Senate Congress assembled, IZING EXPENDITURES BY THE at the earliest practicable date, but not later SECTION 1. SHORT TITLE. COMMITTEE ON AGRICULTURE, than February 28, 2019. This Act may be cited as the ‘‘Medicare NUTRITION, AND FORESTRY Access to Rehabilitation Services Act of SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. 2017’’. Mr. ROBERTS submitted the fol- (a)EXPENSES OF THE COMMITTEE.— SEC. 2. OUTPATIENT THERAPY CAP REPEAL. lowing resolution; from the Committee (1)IN GENERAL.—Except as provided in para- (a) IN GENERAL.—Section 1833 of the Social on Agriculture, Nutrition, and For- graph (2), expenses of the committee under Security Act (42 U.S.C. 1395(l)) is amended by estry; which was referred to the Com- this resolution shall be paid from the contin- striking subsection (g). mittee on Rules and Administration: gent fund of the Senate upon vouchers ap- (b) CONFORMING AMENDMENTS.—Section proved by the chairman of the committee. S. RES. 30 1842(t)(2) of the Social Security Act (42 (2)VOUCHERS NOT REQUIRED.—Vouchers U.S.C. 1395u(t)(2)) is amended— Resolved, shall not be required for— (1) by striking ‘‘(2) Each request’’ and all SECTION 1. GENERAL AUTHORITY. (A) the disbursement of salaries of employ- that follows through ‘‘1833(a)(8)(B),’’ and in- In carrying out its powers, duties, and ees paid at an annual rate; serting ‘‘(2)(A) Each request for payment, or functions under the Standing Rules of the (B) the payment of telecommunications bill submitted, for therapy services described Senate, in accordance with its jurisdiction provided by the Office of the Sergeant at in subparagraph (B)’’; and under rule XXV of the Standing Rules of the Arms and Doorkeeper; (2) by adding at the end the following new Senate, including holding hearings, report- (C) the payment of stationery supplies pur- subparagraph: ing such hearings, and making investiga- chased through the Keeper of the Stationery; ‘‘(B) The following therapy services are de- tions as authorized by paragraphs 1 and 8 of (D) payments to the Postmaster of the scribed in this subparagraph: rule XXVI of the Standing Rules of the Sen- Senate; ‘‘(i) Physical therapy services of the type ate, the Committee on Agriculture, Nutri- (E) the payment of metered charges on described in section 1861(p) and speech-lan- tion, and Forestry (in this resolution re- copying equipment provided by the Office of guage pathology services of the type de- ferred to as the ‘‘committee’’) is authorized the Sergeant at Arms and Doorkeeper; scribed in such section through the applica- from March 1, 2017 through February 28, 2019, (F) the payment of Senate Recording and tion of section 1861(ll)(2), including services in its discretion, to— Photographic Services; or described in section 1833(a)(8)(B), and phys- (1) make expenditures from the contingent (G) the payment of franked and mass mail ical therapy services and speech-language fund of the Senate; costs by the Sergeant at Arms and Door- pathology services of such type which are (2) employ personnel; and keeper. furnished by a physician or as incident to (3) with the prior consent of the Govern- (b)AGENCY CONTRIBUTIONS.—There are au- physicians’ services. ment department or agency concerned and thorized to be paid from the appropriations ‘‘(ii) Occupational therapy services of the the Committee on Rules and Administration, account for ‘‘Expenses of Inquiries and Inves- type that are described in section 1861(p), in- use on a reimbursable or nonreimbursable tigations’’ of the Senate such sums as may cluding services described in section basis the services of personnel of any such be necessary for agency contributions re- 1833(a)(8)(B), through the operation of sec- department or agency. lated to the compensation of employees of tion 1861(g) and of such type which are fur- SEC. 2. EXPENSES. the committee— nished by a physician or as incident to physi- (a)EXPENSES FOR PERIOD ENDING SEP- (1) for the period March 1, 2017 through cians’ services.’’. TEMBER 30, 2017.—The expenses of the com- September 30, 2017; mittee for the period March 1, 2017 through (2) for the period October 1, 2017 through By Mr. CORNYN (for himself, Mr. September 30, 2017 under this resolution September 30, 2018; and RISCH, Mr. ROBERTS, Mr. shall not exceed $2,463,834, of which (3) for the period October 1, 2018 through PORTMAN, Mr. TILLIS, Mr. CAS- amount— February 28, 2019.

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.025 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S598 CONGRESSIONAL RECORD — SENATE February 1, 2017 SENATE RESOLUTION 31—AUTHOR- (1) IN GENERAL.—Except as provided in (2) not to exceed $10,000 may be expended IZING THE EXPENDITURES BY paragraph (2), expenses of the committee for the training of the professional staff of THE SPECIAL COMMITTEE ON under this resolution shall be paid from the the committee (under procedures specified AGING contingent fund of the Senate upon vouchers by section 202(j) of that Act). approved by the chairman of the committee. (b) EXPENSES FOR FISCAL YEAR 2018 PE- Ms. COLLINS submitted the fol- (2) VOUCHERS NOT REQUIRED.—Vouchers RIOD.—The expenses of the committee for the lowing resolution; from the Special shall not be required for— period October 1, 2017 through September 30, Committee on Aging; which was re- (A) the disbursement of salaries of employ- 2018 under this resolution shall not exceed ferred to the Committee on Rules and ees paid at an annual rate; $2,607,332, of which amount— (1) not to exceed $25,000 may be expended Administration: (B) the payment of telecommunications provided by the Office of the Sergeant at for the procurement of the services of indi- S. RES. 31 Arms and Doorkeeper; vidual consultants, or organizations thereof Resolved, (C) the payment of stationery supplies pur- (as authorized by section 202(i) of the Legis- SECTION 1. GENERAL AUTHORITY. chased through the Keeper of the Stationery; lative Reorganization Act of 1946 (2 U.S.C. In carrying out its powers, duties, and (D) payments to the Postmaster of the 4301(i))); and functions imposed by section 104 of S. Res. 4, Senate; (2) not to exceed $10,000 may be expended agreed to February 4, 1977 (95th Congress), (E) the payment of metered charges on for the training of the professional staff of and in exercising the authority conferred on copying equipment provided by the Office of the committee (under procedures specified it by such section, the Special Committee on the Sergeant at Arms and Doorkeeper; by section 202(j) of that Act). Aging (in this resolution referred to as the (F) the payment of Senate Recording and (c) EXPENSES FOR PERIOD ENDING FEBRUARY ‘‘committee’’) is authorized from March 1, Photographic Services; or 28, 2019.—The expenses of the committee for 2017 through February 28, 2019, in its discre- (G) the payment of franked and mass mail the period October 1, 2018 through February tion, to— costs by the Sergeant at Arms and Door- 28, 2019 under this resolution shall not exceed (1) make expenditures from the contingent keeper. $1,086,388, of which amount— fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- (1) not to exceed $25,000 may be expended (2) employ personnel; and thorized to be paid from the appropriations for the procurement of the services of indi- (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- vidual consultants, or organizations thereof ment department or agency concerned and tigations’’ of the Senate such sums as may (as authorized by section 202(i) of the Legis- the Committee on Rules and Administration, be necessary for agency contributions re- lative Reorganization Act of 1946 (2 U.S.C. use on a reimbursable or nonreimbursable lated to the compensation of employees of 4301(i))); and basis the services of personnel of any such the committee— (2) not to exceed $10,000 may be expended department or agency. (1) for the period March 1, 2017 through for the training of the professional staff of the committee (under procedures specified SEC. 2. EXPENSES. September 30, 2017; by section 202(j) of that Act). (a) EXPENSES FOR PERIOD ENDING SEP- (2) for the period October 1, 2017 through SEC. 3. REPORTING LEGISLATION. TEMBER 30, 2017.—The expenses of the com- September 30, 2018; and mittee for the period March 1, 2017 through (3) for the period October 1, 2018 through The committee shall report its findings, September 30, 2017 under this resolution February 28, 2019. together with such recommendations for leg- islation as it deems advisable, to the Senate shall not exceed $1,399,763, of which f amount— at the earliest practicable date, but not later (1) not to exceed $3,000 may be expended for SENATE RESOLUTION 32—AUTHOR- than February 28, 2019. the procurement of the services of individual IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. consultants, or organizations thereof (as au- COMMITTEE ON SMALL BUSI- (a) EXPENSES OF THE COMMITTEE.— thorized by section 202(i) of the Legislative NESS AND ENTREPRENEURSHIP (1) IN GENERAL.—Except as provided in Reorganization Act of 1946 (2 U.S.C. 4301(i))); paragraph (2), expenses of the committee Mr. RISCH submitted the following under this resolution shall be paid from the and resolution; from the Committee on (2) not to exceed $3,000 may be expended for contingent fund of the Senate upon vouchers the training of the professional staff of the Small Business and Entrepreneurship; approved by the chairman of the committee. committee (under procedures specified by which was referred to the Committee (2) VOUCHERS NOT REQUIRED.—Vouchers section 202(j) of that Act). on Rules and Administration: shall not be required for— (b) EXPENSES FOR FISCAL YEAR 2018 PE- S. RES. 32 (A) the disbursement of salaries of employ- ees paid at an annual rate; RIOD.—The expenses of the committee for the Resolved, period October 1, 2017 through September 30, (B) the payment of telecommunications SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at 2018 under this resolution shall not exceed In carrying out its powers, duties, and Arms and Doorkeeper; $2,399,594, of which amount— functions under the Standing Rules of the (C) the payment of stationery supplies pur- (1) not to exceed $6,000 may be expended for Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; the procurement of the services of individual under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the consultants, or organizations thereof (as au- Senate, including holding hearings, report- Senate; thorized by section 202(i) of the Legislative ing such hearings, and making investiga- (E) the payment of metered charges on Reorganization Act of 1946 (2 U.S.C. 4301(i))); tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of and rule XXVI of the Standing Rules of the Sen- the Sergeant at Arms and Doorkeeper; (2) not to exceed $6,000 may be expended for ate, the Committee on Small Business and (F) the payment of Senate Recording and the training of the professional staff of the Entrepreneurship (in this resolution referred Photographic Services; or committee (under procedures specified by to as the ‘‘committee’’) is authorized from (G) the payment of franked and mass mail section 202(j) of that Act). March 1, 2017 through February 28, 2019, in costs by the Sergeant at Arms and Door- (c) EXPENSES FOR PERIOD ENDING FEBRUARY its discretion, to— keeper. 28, 2019.—The expenses of the committee for (1) make expenditures from the contingent (b) AGENCY CONTRIBUTIONS.—There are au- the period October 1, 2018 through February fund of the Senate; 28, 2019 under this resolution shall not exceed thorized to be paid from the appropriations (2) employ personnel; and account for ‘‘Expenses of Inquiries and Inves- $999,831, of which amount— (3) with the prior consent of the Govern- (1) not to exceed $2,500 may be expended for tigations’’ of the Senate such sums as may ment department or agency concerned and be necessary for agency contributions re- the procurement of the services of individual the Committee on Rules and Administration, consultants, or organizations thereof (as au- lated to the compensation of employees of use on a reimbursable or nonreimbursable the committee— thorized by section 202(i) of the Legislative basis the services of personnel of any such (1) for the period March 1, 2017 through Reorganization Act of 1946 (2 U.S.C. 4301(i))); department or agency. September 30, 2017; and SEC. 2. EXPENSES. (2) for the period October 1, 2017 through (2) not to exceed $1,500 may be expended for (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2018; and the training of the professional staff of the TEMBER 30, 2017.—The expenses of the com- (3) for the period October 1, 2018 through committee (under procedures specified by mittee for the period March 1, 2017 through February 28, 2019. section 202(j) of that Act). September 30, 2017 under this resolution SEC. 3. REPORTING LEGISLATION. shall not exceed $1,520,944, of which f The committee shall report its findings, amount— SENATE RESOLUTION 33—AUTHOR- together with such recommendations for leg- (1) not to exceed $25,000 may be expended IZING EXPENDITURES BY THE islation as it deems advisable, to the Senate for the procurement of the services of indi- COMMITTEE ON ENERGY AND at the earliest practicable date, but not later vidual consultants, or organizations thereof NATURAL RESOURCES than February 28, 2019. (as authorized by section 202(i) of the Legis- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. lative Reorganization Act of 1946 (2 U.S.C. Ms. MURKOWSKI submitted the fol- (a) EXPENSES OF THE COMMITTEE.— 4301(i))); and lowing resolution; from the Committee

VerDate Sep 11 2014 06:11 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.028 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S599 on Energy and Natural Resources; (3) for the period October 1, 2018 through the committee (under procedures specified which was referred to the Committee February 28, 2019. by section 202(j) of that Act). on Rules and Administration: f SEC. 3. REPORTING LEGISLATION. The committee shall report its findings, S. RES. 33 SENATE RESOLUTION 34—AUTHOR- together with such recommendations for leg- Resolved, IZING EXPENDITURES BY THE islation as it deems advisable, to the Senate SECTION 1. GENERAL AUTHORITY. COMMITTEE ON HOMELAND SE- at the earliest practicable date, but not later In carrying out its powers, duties, and CURITY AND GOVERNMENTAL than February 28, 2019. functions under the Standing Rules of the SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. Senate, in accordance with its jurisdiction AFFAIRS (a) EXPENSES OF THE COMMITTEE.— under rule XXV of the Standing Rules of the Mr. JOHNSON submitted the fol- (1) IN GENERAL.—Except as provided in Senate, including holding hearings, report- lowing resolution; from the Committee paragraph (2), expenses of the committee ing such hearings, and making investiga- on Homeland Security and Govern- under this resolution shall be paid from the tions as authorized by paragraphs 1 and 8 of mental Affairs; which was referred to rule XXVI of the Standing Rules of the Sen- contingent fund of the Senate upon vouchers ate, the Committee on Energy and Natural the Committee on Rules and Adminis- approved by the chairman of the committee. Resources (in this resolution referred to as tration: (2) VOUCHERS NOT REQUIRED.—Vouchers the ‘‘committee’’) is authorized from March S. RES. 34 shall not be required for— 1, 2017 through February 28, 2019, in its dis- Resolved, (A) the disbursement of salaries of employ- ees paid at an annual rate; cretion, to— SECTION 1. GENERAL AUTHORITY. (B) the payment of telecommunications (1) make expenditures from the contingent In carrying out its powers, duties, and provided by the Office of the Sergeant at fund of the Senate; functions under the Standing Rules of the (2) employ personnel; and Senate, in accordance with its jurisdiction Arms and Doorkeeper; (3) with the prior consent of the Govern- under rule XXV of the Standing Rules of the (C) the payment of stationery supplies pur- ment department or agency concerned and Senate and S. Res. 445, agreed to October 9, chased through the Keeper of the Stationery; the Committee on Rules and Administration, 2004 (108th Congress), including holding hear- (D) payments to the Postmaster of the use on a reimbursable or nonreimbursable ings, reporting such hearings, and making Senate; basis the services of personnel of any such investigations as authorized by paragraphs 1 (E) the payment of metered charges on department or agency. and 8 of rule XXVI of the Standing Rules of copying equipment provided by the Office of the Sergeant at Arms and Doorkeeper; SEC. 2. EXPENSES. the Senate, the Committee on Homeland Se- (F) the payment of Senate Recording and (a) EXPENSES FOR PERIOD ENDING SEP- curity and Governmental Affairs (in this res- Photographic Services; or TEMBER 30, 2017.—The expenses of the com- olution referred to as the ‘‘committee’’) is mittee for the period March 1, 2017 through authorized from March 1, 2017, through Feb- (G) the payment of franked and mass mail September 30, 2017 under this resolution ruary 28, 2019, in its discretion, to— costs by the Sergeant at Arms and Door- shall not exceed $3,219,522. (1) make expenditures from the contingent keeper. (b) EXPENSES FOR FISCAL YEAR 2018 PE- fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- RIOD.—The expenses of the committee for the (2) employ personnel; and thorized to be paid from the appropriations period October 1, 2017 through September 30, (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- 2018 under this resolution shall not exceed ment department or agency concerned and tigations’’ of the Senate such sums as may $5,519,181. the Committee on Rules and Administration, be necessary for agency contributions re- (c) EXPENSES FOR PERIOD ENDING FEBRUARY use on a reimbursable or nonreimbursable lated to the compensation of employees of 28, 2019.—The expenses of the committee for basis the services of personnel of any such the committee— the period October 1, 2018 through February department or agency. (1) for the period March 1, 2017, through September 30, 2017; 28, 2019 under this resolution shall not exceed SEC. 2. EXPENSES. (2) for the period October 1, 2017, through $2,299,659. (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2018; and SEC. 3. REPORTING LEGISLATION. TEMBER 30, 2017.—The expenses of the com- The committee shall report its findings, mittee for the period March 1, 2017, through (3) for the period October 1, 2018, through together with such recommendations for leg- September 30, 2017, under this resolution February 28, 2019. islation as it deems advisable, to the Senate shall not exceed $5,591,653, of which SEC. 5. INVESTIGATIONS. at the earliest practicable date, but not later amount— (a) IN GENERAL.—The committee, or any than February 28, 2019. (1) not to exceed $75,000 may be expended duly authorized subcommittee of the com- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. for the procurement of the services of indi- mittee, is authorized to study or inves- (a) EXPENSES OF THE COMMITTEE.— vidual consultants, or organizations thereof tigate— (1) IN GENERAL.—Except as provided in (as authorized by section 202(i) of the Legis- (1) the efficiency and economy of oper- paragraph (2), expenses of the committee lative Reorganization Act of 1946 (2 U.S.C. ations of all branches of the Government in- under this resolution shall be paid from the 4301(i))); and cluding the possible existence of fraud, mis- contingent fund of the Senate upon vouchers (2) not to exceed $20,000 may be expended feasance, malfeasance, collusion, mis- approved by the chairman of the committee. for the training of the professional staff of management, incompetence, corruption, or (2) VOUCHERS NOT REQUIRED.—Vouchers the committee (under procedures specified unethical practices, waste, extravagance, shall not be required for— by section 202(j) of that Act). conflicts of interest, and the improper ex- (A) the disbursement of salaries of employ- (b) EXPENSES FOR FISCAL YEAR 2018 PE- penditure of Government funds in trans- ees paid at an annual rate; RIOD.—The expenses of the committee for the actions, contracts, and activities of the Gov- (B) the payment of telecommunications period October 1, 2017, through September 30, ernment or of Government officials and em- provided by the Office of the Sergeant at 2018, under this resolution shall not exceed ployees and any and all such improper prac- Arms and Doorkeeper; $9,585,691, of which amount— tices between Government personnel and (C) the payment of stationery supplies pur- (1) not to exceed $75,000 may be expended corporations, individuals, companies, or per- chased through the Keeper of the Stationery; for the procurement of the services of indi- sons affiliated therewith, doing business (D) payments to the Postmaster of the vidual consultants, or organizations thereof with the Government, and the compliance or Senate; (as authorized by section 202(i) of the Legis- noncompliance of such corporations, compa- (E) the payment of metered charges on lative Reorganization Act of 1946 (2 U.S.C. nies, or individuals or other entities with the copying equipment provided by the Office of 4301(i))); and rules, regulations, and laws governing the the Sergeant at Arms and Doorkeeper; (2) not to exceed $20,000 may be expended various governmental agencies and its rela- (F) the payment of Senate Recording and for the training of the professional staff of tionships with the public; Photographic Services; or the committee (under procedures specified (2) the extent to which criminal or other (G) the payment of franked and mass mail by section 202(j) of that Act). improper practices or activities are, or have costs by the Sergeant at Arms and Door- (c) EXPENSES FOR PERIOD ENDING FEBRUARY been, engaged in the field of labor-manage- keeper. 28, 2019.—The expenses of the committee for ment relations or in groups or organizations (b) AGENCY CONTRIBUTIONS.—There are au- the period October 1, 2018, through February of employees or employers, to the detriment thorized to be paid from the appropriations 28, 2019, under this resolution shall not ex- of interests of the public, employers, or em- account for ‘‘Expenses of Inquiries and Inves- ceed $3,994,038, of which amount— ployees, and to determine whether any tigations’’ of the Senate such sums as may (1) not to exceed $75,000 may be expended changes are required in the laws of the be necessary for agency contributions re- for the procurement of the services of indi- United States in order to protect such inter- lated to the compensation of employees of vidual consultants, or organizations thereof ests against the occurrence of such practices the committee— (as authorized by section 202(i) of the Legis- or activities; (1) for the period March 1, 2017 through lative Reorganization Act of 1946 (2 U.S.C. (3) organized criminal activity which may September 30, 2017; 4301(i))); and operate in or otherwise utilize the facilities (2) for the period October 1, 2017 through (2) not to exceed $20,000 may be expended of interstate or international commerce in September 30, 2018; and for the training of the professional staff of furtherance of any transactions and the

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Whereas international and domestic rity staffing, methods, and processes to (e) SUBPOENA AUTHORITY.—All subpoenas human rights groups, such as Venezuelan or- make full use of the Nation’s resources of and related legal processes of the committee ganization Foro Penal, recognize more than knowledge and talents; and any duly authorized subcommittee of 100 political prisoners in Venezuela, includ- (C) the adequacy of present intergovern- the committee authorized under S. Res. 73, ing opposition leader and former Chacao mental relations between the United States agreed to February 12, 2015 (114th Congress), mayor Leopoldo Lopez, Judge Maria Lourdes and international organizations principally are authorized to continue. Afiuni, Caracas Mayor Antonio Ledezma, concerned with national security of which and former San Cristobal mayor Daniel the United States is a member; and f (D) legislative and other proposals to im- Ceballos; prove these methods, processes, and relation- SENATE RESOLUTION 35—EX- Whereas the 1999 Constitution of the ships; PRESSING PROFOUND CONCERN Bolivarian Republic of Venezuela serves as (6) the efficiency, economy, and effective- ABOUT THE ONGOING POLITICAL, the foundation for political processes in Ven- ness of all agencies and departments of the ECONOMIC, SOCIAL AND HUMANI- ezuela; Government involved in the control and TARIAN CRISIS IN VENEZUELA, Whereas, in December 2015, the people of management of energy shortages including, Venezuela elected the opposition coalition URGING THE RELEASE OF PO- (Mesa de Unidad Democra` tica) to a two- but not limited to, their performance with LITICAL PRISONERS, AND CALL- respect to— thirds majority in the unicameral National (A) the collection and dissemination of ac- ING FOR RESPECT OF CONSTITU- Assembly, with 112 out of the 167 seats; curate statistics on fuel demand and supply; TIONAL AND DEMOCRATIC PROC- Whereas, in late December 2015, the out- (B) the implementation of effective energy ESSES, INCLUDING FREE AND going National Assembly confirmed to the conservation measures; FAIR ELECTIONS Supreme Court of Venezuela magistrates po- (C) the pricing of energy in all forms; litically aligned with the Maduro Adminis- Mr. CARDIN (for himself, Mr. RUBIO, (D) coordination of energy programs with tration and, thereafter, the Supreme Court State and local government; Mr. DURBIN, Mr. COTTON, Mr. MENEN- blocked four legislators, including 3 opposi- (E) control of exports of scarce fuels; DEZ, Mr. BLUNT, Mr. NELSON, Mr. GARD- tion legislators, from taking office; (F) the management of tax, import, pric- NER, Mr. KAINE, and Mr. PERDUE) sub- Whereas, during the first year of the new ing, and other policies affecting energy sup- mitted the following resolution; which legislature, the Supreme Court has repeat- plies; was referred to the Committee on For- edly overturned legislation passed by the (G) maintenance of the independent sector eign Relations: democratically elected National Assembly; of the petroleum industry as a strong com- Whereas, in 2016, President Maduro has uti- S. RES. 35 petitive force; lized emergency and legislative decree pow- (H) the allocation of fuels in short supply Whereas the deterioration of basic govern- ers to bypass the National Assembly, which, ance and the economic crisis in Venezuela by public and private entities; alongside the actions of the Supreme Court, have led to an unprecedented humanitarian (I) the management of energy supplies have severely undermined the principles of situation in which people are suffering from owned or controlled by the Government; separation of powers in Venezuela; severe shortages of essential medicines and (J) relations with other oil producing and Whereas, in May 2016, Organization of basic food products; consuming countries; American States Secretary General Luis Whereas Venezuela lacks more than 80 per- (K) the monitoring of compliance by gov- Almagro presented a 132-page report out- ernments, corporations, or individuals with cent of the basic medical supplies and equip- ment needed to treat its population, includ- lining grave alterations of the democratic the laws and regulations governing the allo- order in Venezuela and invoked Article 20 of cation, conservation, or pricing of energy ing medicine to treat chronic illnesses and cancer as well as basic antibiotics, and 85 the Inter-American Democratic Charter, supplies; and which calls on the OAS Permanent Council (L) research into the discovery and devel- percent of pharmacies are at risk of bank- ‘‘to undertake a collective assessment of the opment of alternative energy supplies; and ruptcy, according to the Venezuelan Phar- situation’’; (7) the efficiency and economy of all maceutical Federation; Whereas, in late October 2016, Venezuela’s branches and functions of Government with Whereas, despite the massive shortages of state courts and National Electoral Council, particular references to the operations and basic foodstuffs and essential medicines, which are comprised of political allies of management of Federal regulatory policies President of Venezuela Nicolas Maduro has and programs. rejected repeated requests from civil society President Maduro, halted efforts to hold a (b) EXTENT OF INQUIRIES.—In carrying out organizations to bring humanitarian aid into referendum pursuant to provisions of the the duties provided in subsection (a), the in- the country; Venezuelan constitution to recall President quiries of this committee or any sub- Whereas the International Monetary Fund Maduro, thereby denying the Venezuelan committee of the committee shall not be assesses that, in Venezuela, gross domestic people the ability to pursue a democratic so- construed to be limited to the records, func- product will contract 10 percent and infla- lution to Venezuela’s crisis; and tions, and operations of any particular tion will exceed 700 percent in 2016, accel- Whereas, in November 2016, sectors of the branch of the Government and may extend erating to over 1,600 percent in 2017, the opposition and the Government of Venezuela

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initiated a dialogue, facilitated by the Vati- tember 30, 2017, under this resolution shall S. RES. 37 can, in an effort to pursue a negotiated solu- not exceed $1,184,317.00, of which amount (1) Resolved, tion to the country’s political, economic, so- not to exceed $20,000 may be expended for the SECTION 1. GENERAL AUTHORITY. cial, and humanitarian crisis: Now, there- procurement of the services of individual In carrying out its powers, duties, and fore, be it consultants, or organizations thereof (as au- functions under the Standing Rules of the Resolved, That the Senate— thorized by section 202(i) of the Legislative Senate, in accordance with its jurisdiction (1) expresses its profound concern about Reorganization Act of 1946, as amended), and under rule XXV of the Standing Rules of the widespread shortages of essential medicines (2) not to exceed $20,000 may be expended for Senate, including holding hearings, report- and basic food products faced by the people the training of professional staff of such ing such hearings, and making investiga- of Venezuela, and urges President Maduro to committee (under procedures specified by tions as authorized by paragraphs 1 and 8 of permit the delivery of humanitarian assist- section 202(j) of the Legislative Reorganiza- rule XXVI of the Standing Rules of the Sen- ance; tion Act of 1946). ate, the Committee on Foreign Relations (in (2) calls on the Government of Venezuela (b) For the period October 1, 2017, through this resolution referred to as the ‘‘com- to immediately release all political prisoners September 30, 2018, expenses of the com- mittee’’) is authorized from March 1, 2017 and to respect internationally recognized mittee under this resolution shall not exceed through February 28, 2019, in its discretion, human rights; $2,030,258.00, of which amount (1) not to ex- to— (3) supports meaningful efforts towards a ceed $20,000 may be expended for the procure- (1) make expenditures from the contingent dialogue that leads to respect for Ven- ment of the services of individual consult- fund of the Senate; ezuela’s constitutional mechanisms and re- ants, or organizations thereof (as authorized (2) employ personnel; and solves the country’s political, economic, so- by section 202(i) of the Legislative Reorga- (3) with the prior consent of the Govern- cial, and humanitarian crisis; nization Act of 1946, as amended), and (2) not ment department or agency concerned and (4) affirms its support for OAS Secretary to exceed $20,000 may be expended for the General Almagro’s invocation of Article 20 of training of professional staff of such com- the Committee on Rules and Administration, the Inter-American Democratic Charter and mittee (under procedures specified by section use on a reimbursable or nonreimbursable urges the OAS Permanent Council, which 202(j) of the Legislative Reorganization Act basis the services of personnel of any such represents all of the organization’s member of 1946). department or agency. states, to undertake a collective assessment (c) For the period October 1, 2018, through SEC. 2. EXPENSES. of the constitutional and democratic order in February 28, 2019, expenses of the committee (a) EXPENSES FOR PERIOD ENDING SEP- Venezuela; under this resolution shall not exceed TEMBER 30, 2017.—The expenses of the com- (5) calls on the Government of Venezuela $845,941.00, of which amount (1) not to exceed mittee for the period March 1, 2017 through to ensure the neutrality and professionalism $20,000 may be expended for the procurement September 30, 2017 under this resolution of all security forces and to respect the Ven- of the services of individual consultants, or shall not exceed $3,889,028, of which ezuelan people’s rights to freedom of expres- organizations thereof (as authorized by sec- amount— sion and assembly; tion 202(i) of the Legislative Reorganization (1) not to exceed $150,000 may be expended (6) calls on the Government of Venezuela Act of 1946, as amended), and (2) not to ex- for the procurement of the services of indi- to halt its efforts to undermine the principle ceed $20,000 may be expended for the training vidual consultants, or organizations thereof of separation of powers, its circumvention of of professional staff of such committee (as authorized by section 202(i) of the Legis- the democratically elected legislature, and (under procedures specified by section 202(j) lative Reorganization Act of 1946 (2 U.S.C. its subjugation of judicial independence; of the Legislative Reorganization Act of 4301(i))); and (7) stresses the urgency of strengthening 1946). (2) not to exceed $20,000 may be expended the rule of law and increasing efforts to com- SEC. 3. The committee shall report its find- for the training of the professional staff of bat impunity and public corruption in Ven- ings, together with such recommendations the committee (under procedures specified ezuela, which has bankrupted a resource-rich for legislation as it deems advisable, to the by section 202(j) of that Act). country, fuels rising social tensions, and Senate at the earliest practicable date, but (b) EXPENSES FOR FISCAL YEAR 2018 PE- contributes to elevated levels of crime and not later than February 28, 2019. RIOD.—The expenses of the committee for the violence; and SEC. 4. Expenses of the committee under period October 1, 2017 through September 30, (8) urges the President of the United States this resolution shall be paid from the contin- 2018 under this resolution shall not exceed to provide full support for OAS efforts in gent fund of the Senate upon vouchers ap- $6,666,904, of which amount— favor of constitutional and democratic solu- proved by the Chairman of the committee, (1) not to exceed $150,000 may be expended tions to the political impasse, and to in- except that vouchers shall not be required (1) for the procurement of the services of indi- struct appropriate Federal agencies to hold for the disbursement of the salaries of em- vidual consultants, or organizations thereof officials of the Government of Venezuela ac- ployees paid at an annual rate, or (2) for the (as authorized by section 202(i) of the Legis- countable for violations of United States law payment of telecommunications provided by lative Reorganization Act of 1946 (2 U.S.C. and abuses of internationally recognized the Office of the Sergeant at Arms and Door- 4301(i))); and human rights. keeper, United States Senate, or (3) for the (2) not to exceed $20,000 may be expended payment of stationery supplies purchased for the training of the professional staff of f through the Keeper of the Stationery, United the committee (under procedures specified SENATE RESOLUTION 36—AUTHOR- States Senate, or (4) for payments to the by section 202(j) of that Act). IZING EXPENDITURES BY THE Postmaster, United States Senate, or (5) for (c) EXPENSES FOR PERIOD ENDING FEBRUARY SENATE COMMITTEE ON INDIAN the payment of metered charges on copying 28, 2019.—The expenses of the committee for the period October 1, 2018 through February AFFAIRS equipment provided by the Office of the Ser- geant at Arms and Doorkeeper, United 28, 2019 under this resolution shall not exceed Mr. HOEVEN submitted the fol- States Senate, or (6) for the payment of Sen- $2,777,877, of which amount— lowing resolution; from the Committee ate Recording and Photographic Services, or (1) not to exceed $150,000 may be expended on Indian Affairs; which was referred (7) for payment of franked and mass mail for the procurement of the services of indi- to the Committee on Rules and Admin- costs by the Sergeant at Arms and Door- vidual consultants, or organizations thereof istration: keeper, United States Senate. (as authorized by section 202(i) of the Legis- SEC. 5. There are authorized such sums as lative Reorganization Act of 1946 (2 U.S.C. S. RES. 36 may be necessary for agency contributions 4301(i))); and Resolved, That, in carrying out its powers, related to the compensation of employees of (2) not to exceed $20,000 may be expended duties and functions imposed by section 105 the committee from March 1, 2017, through for the training of the professional staff of of S. Res. 4, agreed to February 4, 1977 (95th September 30, 2017; October 1, 2017, through the committee (under procedures specified Congress), and in exercising the authority September 30, 2018; and October 1, 2018, by section 202(j) of that Act). conferred on it by that section, the Com- through February 28, 2019, to be paid from SEC. 3. REPORTING LEGISLATION. mittee on Indian Affairs is authorized from the Appropriations account for Expenses of The committee shall report its findings, March 1, 2017, through September 30, 2017; Inquiries and Investigations. together with such recommendations for leg- October 1, 2017, through September 30, 2018; and October 1, 2018, through February 28, f islation as it deems advisable, to the Senate at the earliest practicable date, but not later 2019, in its discretion (1) to make expendi- SENATE RESOLUTION 37—AUTHOR- tures from the contingent fund of the Sen- than February 28, 2019. ate, (2) to employ personnel, and (3) with the IZING EXPENDITURES BY THE SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. prior consent of the Government department COMMITTEE ON FOREIGN RELA- (a) EXPENSES OF THE COMMITTEE.— or agency concerned and the Committee on TIONS (1) IN GENERAL.—Except as provided in Rules and Administration, to use on a reim- Mr. CORKER submitted the following paragraph (2), expenses of the committee under this resolution shall be paid from the bursable, or non-reimbursable, basis the resolution; from the Committee on services of personnel of any such department contingent fund of the Senate upon vouchers or agency. Foreign Relations; which was referred approved by the chairman of the committee. SEC. 2. (a) The expenses of the committee to the Committee on Rules and Admin- (2) VOUCHERS NOT REQUIRED.—Vouchers for the period March 1, 2017, through Sep- istration: shall not be required for—

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.031 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S602 CONGRESSIONAL RECORD — SENATE February 1, 2017 (A) the disbursement of salaries of employ- were considered to pose a threat to national in 1944, the senior Government officials knew ees paid at an annual rate; security; there was no factual basis for the claim of (B) the payment of telecommunications Whereas Fred Korematsu refused to com- military necessity for the Civil Exclusion provided by the Office of the Sergeant at ply with the Civilian Exclusion Order and Order; and Arms and Doorkeeper; was arrested on May 30, 1942; (3) stated that although the decision of the (C) the payment of stationery supplies pur- Whereas, after his arrest, Fred Supreme Court of the United States in chased through the Keeper of the Stationery; Korematsu— Korematsu v. United States, 323 U.S. 214 (D) payments to the Postmaster of the (1) was held in squalor for 2 1⁄2 months in (1944), remains on the pages of United States Senate; the Presidio stockade in San Francisco, Cali- legal and political history, ‘‘[a]s historical (E) the payment of metered charges on fornia; precedent it stands as a constant caution copying equipment provided by the Office of (2) was convicted on September 8, 1942, of that in times of war or declared military ne- the Sergeant at Arms and Doorkeeper; violating the Civilian Exclusion Order and cessity our institutions must be vigilant in (F) the payment of Senate Recording and sentenced to 5 years of probation; and protecting constitutional guarantees’’; Photographic Services; or (3) was detained at Tanforan Assembly Whereas the Commission on Wartime Relo- (G) the payment of franked and mass mail Center, a former horse racetrack used as a cation and Internment of Civilians, author- costs by the Sergeant at Arms and Door- holding facility for Japanese Americans be- ized by Congress in 1980 to review the facts keeper. fore he was exiled with his family to the and circumstances surrounding the reloca- tion and internment of Japanese Americans (b) AGENCY CONTRIBUTIONS.—There are au- Topaz internment camp in the State of Utah; thorized to be paid from the appropriations Whereas more than 120,000 Japanese Amer- under Executive Order 9066 (7 Fed. Reg. 1407 account for ‘‘Expenses of Inquiries and Inves- icans were similarly detained, with no (February 25, 1942)), concluded that— (1) the decision of the Supreme Court of tigations’’ of the Senate such sums as may charges brought and without due process, in the United States in Korematsu v. United be necessary for agency contributions re- 10 permanent War Relocation Authority camps located in isolated desert areas of the States, 323 U.S. 214 (1944), is overruled by the lated to the compensation of employees of court of history; the committee— States of Arizona, Arkansas, California, Col- orado, Idaho, Utah, and Wyoming; (2) a grave personal injustice was done to (1) for the period March 1, 2017 through the United States citizens and resident September 30, 2017; Whereas the people of the United States subject to the Civilian Exclusion Order lost aliens of Japanese ancestry who, without in- (2) for the period October 1, 2017 through dividual review or any probative evidence their homes, livelihoods, and the freedoms September 30, 2018; and against them, were excluded, removed, and inherent to all people of the United States; (3) for the period October 1, 2018 through detained by the United States during World Whereas Fred Korematsu unsuccessfully February 28, 2019. War II; and challenged the Civilian Exclusion Order as it f (3) the exclusion, removal, and detention of applied to him and appealed the decision of United States citizens and resident aliens of SENATE RESOLUTION 38—RECOG- the United States District Court to the Japanese ancestry was motivated largely by NIZING JANUARY 30, 2017, AS United States Court of Appeals for the Ninth racial prejudice, wartime hysteria, and a ‘‘FRED KOREMATSU DAY OF Circuit, which sustained his conviction; failure of political leadership; Whereas Fred Korematsu was subsequently Whereas the overturning of the conviction CIVIL LIBERTIES AND THE CON- confined with his family in the internment STITUTION’’ of Fred Korematsu and the findings of the camp in Topaz, Utah, for 2 years, and during Commission on Wartime Relocation and In- Ms. HIRONO (for herself, Mr. SAND- that time, Fred Korematsu appealed his con- ternment of Civilians influenced the decision ERS, Mr. WYDEN, Mr. BOOKER, Mr. viction to the Supreme Court of the United by Congress to pass the Civil Liberties Act of SCHATZ, Mr. BROWN, Mr. WHITEHOUSE, States; 1988 (50 U.S.C. 4211 et seq.) to request a Presi- Whereas, on December 18, 1944, the Su- Ms. CANTWELL, Ms. WARREN, Mr. dential apology and the symbolic payment of preme Court of the United States issued BLUMENTHAL, Mr. MERKLEY, Mr. KAINE, compensation to people of Japanese ancestry Korematsu v. United States, 323 U.S. 214 who lost liberty or property due to discrimi- Mrs. MURRAY, Mr. COONS, and Mr. DUR- (1944), which— natory actions of the Federal Government; BIN) submitted the following resolu- (1) upheld the conviction of Fred Whereas, on August 10, 1988, President tion; which was referred to the Com- Korematsu by a vote of 6 to 3; and Reagan signed the Civil Liberties Act of 1988 (2) concluded that Fred Korematsu was re- mittee on the Judiciary: (50 U.S.C. 4211 et seq.), stating, ‘‘[H]ere we moved from his home not based on hostility admit a wrong; here we reaffirm our commit- S. RES. 38 toward him or other Japanese Americans but ment as a nation to equal justice under the Whereas, on January 30, 1919, Fred because the United States was at war with law.’’; Toyosaburo Korematsu was born in Oakland, Japan and the military feared a Japanese in- Whereas, on January 15, 1998, President California, to Japanese immigrants; vasion of the West Coast; Clinton awarded the Medal of Freedom, the Whereas Fred Korematsu graduated from Whereas, in his dissenting opinion in highest civilian award of the United States, Oakland High School in 1937 and attempted Korematsu v. United States, 323 U.S. 214 to Fred Korematsu, stating, ‘‘[i]n the long to enlist in the military twice but was un- (1944), Justice Frank Murphy called the Ci- history of our country’s constant search for able to do so because his selective service vilian Exclusion Order the ‘‘legalization of justice, some names of ordinary citizens classification was changed to enemy alien, racism’’; stand for millions of souls: Plessy, Brown, even though Fred Korematsu was a United Whereas Fred Korematsu continued to Parks. To that distinguished list, today we States citizen; maintain his innocence for decades following add the name of Fred Korematsu.’’; Whereas Fred Korematsu trained as a World War II, and his conviction hampered Whereas, despite the fact that history dem- welder and worked as a foreman at the docks his ability to gain employment; onstrates that discriminatory actions breed in Oakland until the date on which he and Whereas, in 1982, legal historian Peter immoral, unconscionable, and unconstitu- all Japanese Americans were fired; Irons and researcher Aiko Yoshinaga-Herzig tional actions levied against religious, eth- Whereas, on December 7, 1941, Japan at- gained access to Government documents nic, and racial minorities in the name of na- tacked the military base in Pearl Harbor, under section 552 of title 5, United States tional security, recent actions by President Hawaii, causing the United States to declare Code (commonly known as the ‘‘Freedom of Trump have publicly fanned religious, eth- war against Japan; Information Act’’), that indicate that while nic, and racial prejudices; Whereas, on February 19, 1942, President the case of Fred Korematsu was before the Whereas, on January 27, 2017, President Franklin D. Roosevelt signed Executive Supreme Court of the United States, the Order 9066 (7 Fed. Reg. 1407 (February 25, Trump issued— Federal Government misled the Supreme (1) an Executive order that suspends for 90 1942)), which authorized the Secretary of War Court of the United States and suppressed days the entry into the United States of im- to prescribe military areas— findings that Japanese Americans on the migrants and nonimmigrants who are na- (1) from which any or all people could be West Coast were not security threats; tionals of 7 Muslim-majority countries, pro- excluded; and Whereas, in light of the newly discovered hibiting the issuance of any visa to relatives, (2) with respect to which, the right of any information, Fred Korematsu filed a writ of family members, and tourists from the 7 des- person to enter, remain in, or leave would be error coram nobis with the United States ignated countries based solely on the nation- subject to any restriction the Military Com- District Court for the Northern District of ality of the individual; mander imposed in his discretion; California, and on November 10, 1983, United (2) an Executive order indefinitely sus- Whereas, on May 3, 1942, the Lieutenant States District Judge Marilyn Hall Patel pending the admission as refugees of Syrian General of the Western Command of the issued her decision in Korematsu v. United nationals, even though, as of January 2017, Army issued Civilian Exclusion Order 34 States, 584 F. Supp. 1406 (N.D. Cal. 1984), there are more than 4,000,000 registered Syr- (May 3, 1942) (referred to in this preamble as that— ian refugees who have fled the destructive the ‘‘Civilian Exclusion Order’’) directing (1) overturned the conviction of Fred civil war in Syria; that all people of Japanese ancestry be re- Korematsu; (3) an Executive order slashing refugee ad- moved from designated areas of the West (2) concluded that, at the time that senior missions numbers for fiscal year 2017 from Coast after May 9, 1942, because people of Government officials presented their case be- 110,000 to 50,000, even as other countries Japanese ancestry in the designated areas fore the Supreme Court of the United States move to take in refugees; and

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.032 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S603 (4) an Executive order directing the United basis the services of personnel of any such lated to the compensation of employees of States Refugee Assistance Program to department or agency. the committee— prioritize refugee claims based on religious SEC. 2. EXPENSES. (1) for the period March 1, 2017 through persecution in which the religion of the ref- (a) EXPENSES FOR PERIOD ENDING SEP- September 30, 2017; ugee is a minority religion in the country of TEMBER 30, 2017.—The expenses of the com- (2) for the period October 1, 2017 through nationality of the refugee, a priority that mittee for the period March 1, 2017 through September 30, 2018; and singles out for exclusion members of the Is- September 30, 2017 under this resolution (3) for the period October 1, 2018 through lamic faith; shall not exceed $5,105,487, of which February 28, 2019. Whereas Fred Korematsu remained a tire- amount— f less advocate for civil liberties and justice (1) not to exceed $75,000 may be expended throughout his life by— for the procurement of the services of indi- SENATE RESOLUTION 40—DESIG- (1) speaking out against racial discrimina- vidual consultants, or organizations thereof NATING THE WEEK BEGINNING tion and violence targeting Arab, Muslim, (as authorized by section 202(i) of the Legis- ON FEBRUARY 5, 2017, AS ‘‘NA- South Asian, and Sikh Americans in the lative Reorganization Act of 1946 (2 U.S.C. TIONAL TRIBAL COLLEGES AND wake of the September 11, 2001, tragedy; and 4301(i))); and UNIVERSITIES WEEK’’ (2) cautioning the Federal Government (2) not to exceed $25,000 may be expended against repeating mistakes of the past that for the training of the professional staff of Ms. HEITKAMP (for herself, Mr. singled out individuals for heightened scru- the committee (under procedures specified LANKFORD, Ms. STABENOW, Ms. BALD- tiny on the basis of race, ethnicity, nation- by section 202(j) of that Act). WIN, Mr. SCHATZ, Mr. UDALL, Mr. ality,or religion; (b) EXPENSES FOR FISCAL YEAR 2018 PE- THUNE, Mr. MORAN, Mr. TESTER, Mr. Whereas, on March 30, 2005, Fred RIOD.—The expenses of the committee for the HEINRICH, Mr. DAINES, Mr. HOEVEN, Ms. Korematsu died at the age of 86 in Larkspur, period October 1, 2017 through September 30, KLOBUCHAR, Mrs. MURRAY, Mr. California; 2018 under this resolution shall not exceed FRANKEN, Mr. PETERS, Ms. HIRONO, and Whereas Fred Korematsu is a role model $8,752,264, of which amount— for all people of the United States who love (1) not to exceed $75,000 may be expended Mr. BARRASSO) submitted the following the United States and the promises con- for the procurement of the services of indi- resolution; which was considered and tained in the Constitution of the United vidual consultants, or organizations thereof agreed to: States, and the strength and perseverance of (as authorized by section 202(i) of the Legis- S. RES. 40 Fred Korematsu serve as an inspiration for lative Reorganization Act of 1946 (2 U.S.C. Whereas there are 37 Tribal Colleges and all people who strive for equality and justice; 4301(i))); and Universities operating on more than 75 cam- and (2) not to exceed $25,000 may be expended puses in 16 States; Whereas the recent actions of President for the training of the professional staff of Whereas Tribal Colleges and Universities Trump run directly counter to the history the committee (under procedures specified are tribally chartered or federally chartered and legacy of justice exemplified by Fred by section 202(j) of that Act). institutions of higher education and there- Korematsu: Now, therefore, be it (c) EXPENSES FOR PERIOD ENDING FEBRUARY fore have a unique relationship with the Fed- Resolved, That the Senate— 28, 2019.—The expenses of the committee for eral Government; (1) honors Fred Toyosaburo Korematsu for the period October 1, 2018 through February Whereas Tribal Colleges and Universities his— 28, 2019 under this resolution shall not exceed serve students from more than 250 federally (A) loyalty and patriotism to the United $3,646,777, of which amount— recognized Indian tribes; States; (1) not to exceed $75,000 may be expended Whereas Tribal Colleges and Universities (B) work to advocate for the civil rights for the procurement of the services of indi- offer students access to knowledge and skills and civil liberties of all people of the United vidual consultants, or organizations thereof grounded in cultural traditions and values, States; and (as authorized by section 202(i) of the Legis- including indigenous languages, which en- (C) dedication to justice and equality; lative Reorganization Act of 1946 (2 U.S.C. hances Indian communities and enriches the (2) recognizes January 30, 2017, as ‘‘Fred 4301(i))); and United States as a whole; Korematsu Day of Civil Liberties and the (2) not to exceed $25,000 may be expended Whereas Tribal Colleges and Universities Constitution’’; and for the training of the professional staff of provide access to high-quality postsecondary (3) denounces any governmental effort to the committee (under procedures specified educational opportunities for American Indi- discriminate against any individual based on by section 202(j) of that Act). ans, Alaska Natives, and other individuals the national origin or religion of the indi- SEC. 3. REPORTING LEGISLATION. living in some of the most isolated and eco- vidual. The committee shall report its findings, nomically depressed areas in the United f together with such recommendations for leg- States; islation as it deems advisable, to the Senate Whereas Tribal Colleges and Universities SENATE RESOLUTION 39—AUTHOR- at the earliest practicable date, but not later are accredited institutions of higher edu- IZING EXPENDITURES BY THE than February 28, 2018 and February 28, 2019, cation that effectively prepare students to COMMITTEE ON HEALTH, EDU- respectively. succeed in their academic pursuits and in a CATION, LABOR, AND PENSIONS SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. global and highly competitive workforce; (a) EXPENSES OF THE COMMITTEE.— Whereas Tribal Colleges and Universities Mr. ALEXANDER submitted the fol- (1) IN GENERAL.—Except as provided in have open enrollment policies, and approxi- lowing resolution; from the Committee paragraph (2), expenses of the committee mately 15 percent of the students at Tribal on Health, Education, Labor, and Pen- under this resolution shall be paid from the Colleges and Universities are non-Indian in- sions; which was referred to the Com- contingent fund of the Senate upon vouchers dividuals; and mittee on Rules and Administration: approved by the chairman of the committee. Whereas the collective mission and the (2) VOUCHERS NOT REQUIRED.—Vouchers considerable achievements of Tribal Colleges S. RES. 39 shall not be required for— and Universities deserve national recogni- Resolved, (A) the disbursement of salaries of employ- tion: Now, therefore, be it SECTION 1. GENERAL AUTHORITY. ees paid at an annual rate; Resolved, That the Senate— In carrying out its powers, duties, and (B) the payment of telecommunications (1) designates the week beginning on Feb- functions under the Standing Rules of the provided by the Office of the Sergeant at ruary 5, 2017, as ‘‘National Tribal Colleges Senate, in accordance with its jurisdiction Arms and Doorkeeper; and Universities Week’’; and under rule XXV of the Standing Rules of the (C) the payment of stationery supplies pur- (2) calls on the people of the United States Senate, including holding hearings, report- chased through the Keeper of the Stationery; and interested groups to observe National ing such hearings, and making investiga- (D) payments to the Postmaster of the Tribal Colleges and Universities Week with tions as authorized by paragraphs 1 and 8 of Senate; appropriate ceremonies, activities, and pro- rule XXVI of the Standing Rules of the Sen- (E) the payment of metered charges on grams to demonstrate support for Tribal Col- ate, the Committee on Health, Education, copying equipment provided by the Office of leges and Universities. Labor, and Pensions (in this resolution re- the Sergeant at Arms and Doorkeeper; f ferred to as the ‘‘committee’’) is authorized (F) the payment of Senate Recording and from March 1, 2017 through February 28, 2019, Photographic Services; or SENATE RESOLUTION 41—RAISING in its discretion, to— (G) the payment of franked and mass mail AWARENESS AND ENCOURAGING (1) make expenditures from the contingent costs by the Sergeant at Arms and Door- THE PREVENTION OF STALKING fund of the Senate; keeper. BY DESIGNATING JANUARY 2017 (2) employ personnel; and (b) AGENCY CONTRIBUTIONS.—There are au- AS ‘‘NATIONAL STALKING (3) with the prior consent of the Govern- thorized to be paid from the appropriations AWARENESS MONTH’’ ment department or agency concerned and account for ‘‘Expenses of Inquiries and Inves- the Committee on Rules and Administration, tigations’’ of the Senate such sums as may Ms. KLOBUCHAR (for herself, Mr. use on a reimbursable or nonreimbursable be necessary for agency contributions re- PERDUE, Ms. HIRONO, Mr. CRAPO, and

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.034 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S604 CONGRESSIONAL RECORD — SENATE February 1, 2017 Mrs. FEINSTEIN) submitted the fol- crease awareness of stalking and the avail- NATIONAL TRIBAL COLLEGES AND lowing resolution; which was consid- ability of services for victims of stalking; UNIVERSITIES WEEK ered and agreed to: and (4) urges national and community organi- Mr. GARDNER. Mr. President, I ask S. RES. 41 zations, businesses in the private sector, and unanimous consent that the Senate Whereas approximately 15 percent of the media to promote awareness of the crime proceed to the immediate consider- women in the United States, at some point of stalking through ‘‘National Stalking ation of S. Res. 40, submitted earlier during their lifetimes, have experienced Awareness Month’’. today. stalking victimization, during which the women felt very fearful or believed that they f The PRESIDING OFFICER. The or someone close to them would be harmed clerk will report the resolution by or killed; AUTHORITY FOR COMMITTEES TO title. Whereas, during a 1-year period, an esti- MEET The legislative clerk read as follows: mated 7,500,000 individuals in the United Mr. WICKER. Mr. President, I have A resolution (S. Res. 40) designating the States reported that they had been victims week beginning on February 5, 2017, as ‘‘Na- of stalking; two requests for committees to meet tional Tribal Colleges and Universities Whereas more than 80 percent of victims of during today’s session of the Senate. Week.’’ stalking reported that they had been stalked They have the approval of the Majority There being no objection, the Senate by someone they knew; and Minority leaders. Whereas 11 percent of victims of stalking proceeded to consider the resolution. Pursuant to Rule XXVI, paragraph Mr. GARDNER. I further ask unani- reported having been stalked for more than 5 5(a), of the Standing Rules of the Sen- years; mous consent that the resolution be Whereas two-thirds of stalkers pursue ate, the following committees are au- agreed to, the preamble be agreed to, their victims at least once a week; thorized to meet during today’s session and the motions to reconsider be con- Whereas victims of stalking are forced to of the Senate: sidered made and laid upon the table take drastic measures to protect themselves, COMMITTEE ON VETERANS’ AFFAIRS with no intervening action or debate. including changing their identities, relo- The Committee on Veterans’ Affairs The PRESIDING OFFICER. Without cating, changing jobs, or obtaining protec- is authorized to meet during the ses- tion orders; objection, it is so ordered. Whereas the prevalence of anxiety, insom- sion of the Senate on February 1, 2017, The resolution (S. Res. 40) was agreed nia, social dysfunction, and severe depres- at 2:30 p.m., in room SD–106 of the to. sion is much higher among victims of stalk- Dirksen Senate Office Building. The preamble was agreed to. ing than the general population; SPECIAL COMMITTEE ON AGING (The resolution, with its preamble, is Whereas many victims of stalking do not The Special Committee on Aging is printed in today’s RECORD under ‘‘Sub- report stalking to the police or contact a mitted Resolutions.’’) victim service provider, shelter, or hotline; authorized to meet during the session Whereas stalking is a crime under Federal of the Senate on February 1, 2017, in f law and the laws of all 50 States, the District room SD–562 of the Dirksen Senate Of- NATIONAL STALKING AWARENESS of Columbia, and the territories of the fice Building at 2:30 p.m. to conduct a MONTH United States; hearing entitled ‘‘Stopping Senior Mr. GARDNER. Mr. President, I ask Whereas stalking affects victims of every Scams: Developments in Financial unanimous consent that the Senate race, age, culture, gender, sexual orienta- Fraud Affecting Seniors.’’ tion, physical and mental ability, and eco- proceed to the immediate consider- nomic status; f ation of S. Res. 41, submitted earlier Whereas national organizations, local vic- today. tim service organizations, campuses, pros- PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. The ecutor’s offices, and police departments Mr. MERKLEY. Mr. President, I ask clerk will report the resolution by stand ready to assist victims of stalking and title. are working diligently to develop effective unanimous consent that my science and innovative responses to stalking; fellow, Christy Veeder, be allowed the The legislative clerk read as follows: Whereas there is a need to improve the re- privileges of the floor. A resolution (S. Res. 41) raising awareness sponse of the criminal justice system to The PRESIDING OFFICER. Without and encouraging the prevention of stalking stalking through more aggressive investiga- objection, it is so ordered. by designating January 2017 as ‘‘National tion and prosecution; Stalking Awareness Month.’’ Whereas there is a need for an increase in f There being no objection, the Senate the availability of victim services across the APPOINTMENT proceeded to consider the resolution. United States, and the services must include Mr. GARDNER. I further ask unani- programs tailored to meet the needs of vic- Mr. GARDNER. Mr. President, I un- mous consent that the resolution be tims of stalking; derstand an appointment was made agreed to, the preamble be agreed to, Whereas individuals 18 to 24 years old expe- during the adjournment of the Senate, rience the highest rates of stalking victim- and the motions to reconsider be con- and I ask it be stated for the RECORD. ization, and rates of stalking among college sidered made and laid upon the table students exceed rates of stalking among the The PRESIDING OFFICER. The with no intervening action or debate. general population; Chair, on behalf of the Vice President, The PRESIDING OFFICER. Without Whereas up to 75 percent of women in col- pursuant to the provisions of 20 U.S.C., objection, it is so ordered. lege who experience behavior relating to sections 42 and 43, reappoints the Sen- The resolution (S. Res. 41) was agreed stalking experience other forms of victimiza- ator from Vermont, Mr. LEAHY, as a to. tion, including sexual or physical victimiza- member of the Board of Regents of the The preamble was agreed to. tion; Smithsonian Institution. (The resolution, with its preamble, is Whereas there is a need for an effective re- printed in today’s RECORD under ‘‘Sub- sponse to stalking on each campus; and f Whereas the Senate finds that ‘‘National mitted Resolutions.’’) Stalking Awareness Month’’ provides an op- UNANIMOUS CONSENT AGREE- f portunity to educate the people of the MENT—READING OF WASHING- MEASURE READ THE FIRST United States about stalking: Now, there- TON’S FAREWELL ADDRESS fore, be it TIME—S. 274 Resolved, That the Senate— Mr. GARDNER. Mr. President, I ask Mr. GARDNER. Mr. President, I un- (1) designates January 2017 as ‘‘National unanimous consent that not with- derstand there is a bill at the desk, and Stalking Awareness Month’’; standing the resolution of the Senate I ask for its first reading. (2) applauds the efforts of service providers of January 24, 1901, the traditional The PRESIDING OFFICER. The for victims of stalking, police, prosecutors, reading of Washington’s Farewell Ad- national and community organizations, cam- clerk will read the bill by title for the dress take place on Monday, February first time. puses, and private sector supporters to pro- 27, 2017, at a time to be determined by mote awareness of stalking; The legislative clerk read as follows: (3) encourages policymakers, criminal jus- the majority leader in consultation A bill (S. 274) to nullify the effect of the re- tice officials, victim service and human serv- with the Democratic leader. cent executive order that temporarily re- ice agencies, institutions of higher edu- The PRESIDING OFFICER. Without stricted individuals from certain countries cation, and nonprofit organizations to in- objection, it is so ordered. from entering the United States.

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A01FE6.035 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S605 Mr. GARDNER. I now ask for a sec- and the choices are money in the fossil and ExxonMobil have been talking out ond reading and, in order to place the fuel company’s pockets versus our nat- of two sides of their mouths about cli- bill on the calendar under provisions of ural heritage of clean streams for our- mate change. Sometimes Tillerson ac- rule XIV, I object to my own request. selves and our children. And which way knowledges climate change exists, The PRESIDING OFFICER. Objec- do we go? Put the money in the fossil pointing to a revenue-neutral carbon tion having been heard, the bill will be fuel pockets—to heck with the clean fee like the one I have introduced as read for the second time on the next streams. This would be 0.3 percent of the best way to address it. At other legislative day. coal industry revenues to clean up times, he plays up imagined scientific f after the mess they have made. uncertainty and overestimates the I grew up and I was taught that if costs of action. In 2012, Tillerson said:

ORDERS FOR THURSDAY, you spill something, you clean it up. If I’m not disputing that increasing CO2 FEBRUARY 2, 2017 you make a mess, you clean it up. But emissions in the atmosphere is going to have Mr. GARDNER. Mr. President, I ask in this building, if it is the fossil fuel an impact. It will have a warming impact. unanimous consent that when the Sen- industry, if you make a mess, too bad, As far back as 2009, he backed a rev- ate completes its business today, it ad- we will take care of you. You are our enue-neutral carbon fee like the one I journ until 11 a.m., Thursday, February guys. We don’t care about the stream. introduced as the best way to address 2; that following the prayer and pledge, We don’t care about the people who the problem. But in 2013, he questioned the morning hour be deemed expired, live downstream. We don’t care about whether we should do anything at all the Journal of proceedings be approved people who might fish in it. We don’t to slow climate change, asking: ‘‘What to date, and the time for the two lead- care about the fact that this is God’s good is it to save the planet if human- ers be reserved for their use later in creation. We care about making the ity suffers?’’ the day; further, that following leader coal companies happy. That is the climate deniers’ false remarks, the Senate resume consider- It happens over and over. If it is not premise—that humanity will suffer ation of H.J. Res. 38; finally, that there polluters, it is Wall Street. If it is not from our solving a problem that they be 6 hours of debate remaining, equally Wall Street, it is polluters. As to all face. In 2015, Tillerson told an ExxonMobil divided in the usual form. this talk about deregulation, watch shareholder meeting that he thought The PRESIDING OFFICER. Without where it goes—Wall Street and pol- the world should wait for science to objection, it is so ordered. luters. Here we are with the archetypical challenge between private improve before solving the problem of f benefit and public harm. The very pur- climate change. He couldn’t find one ORDER FOR ADJOURNMENT pose of government—even conservative State university in this country that commentators say—is to protect the would agree with him. He says that be- Mr. GARDNER. Mr. President, if public from being harmed by those who cause it is the fossil fuel industry stall there is no further business to come be- cause them harm as they pursue their strategy. It is so ironic coming from fore the Senate, I ask unanimous con- private benefit. What could be more the longtime head of ExxonMobil to sent that it stand adjourned under the the case than coal waste polluting pub- say we should wait because it has been previous order, following the remarks lic streams? We don’t care; we are well documented by the Los Angeles of Senator WHITEHOUSE. going to go to bat for the coal compa- Times, by Inside Climate News, and by The PRESIDING OFFICER. Without nies. I tell you, there are special rules others that ExxonMobil—despite con- objection, it is so ordered. around here for the fossil fuel industry. ducting some of the leading climate The Senator from Rhode Island. We heard President Trump’s prom- science for decades—has played a devi- f ises to drain the swamp of the outside ous role in undermining public under- standing of these dangers. STREAM PROTECTION RULE influence of corporate special interests and lobbyists in our government. Well, For years, Exxon has underwritten a Mr. WHITEHOUSE. Mr. President, we particularly when it comes to fossil shadowy network of denial organiza- are gathered here this evening to seek fuel interests, that oft-repeated prom- tions—we have called it here on the to defend against the Congressional Re- ise seems to have evaporated in the Senate floor the web of denial—with view Act effort to overturn the clean murky haze of his transition. From the the purpose of delaying any steps to re- stream protection rule. It is inter- very outset, operatives of the Koch duce the use of fossil fuel. Between 1988 esting that this first Congressional Re- brothers and other fossil fuel interests and 2005, ExxonMobil contributed over view Act measure that we are taking have infiltrated his team. $16 million to a network of phony-balo- up should be one that puts money into Some of the biggest swamp alligators ney think tanks and pseudo-science the pockets of the fossil fuel industry have floated up as his nominees to run groups that spread misleading and false and lifts their obligation to clean up federal agencies that protect our public claims about climate science. In re- public streams that they have ruined health, that enforce our laws, that sponse to public outrage about with their pollution. maintain our natural resources, and ExxonMobil’s role in funding climate As I have been in the Senate, I am in even those who carry out our inter- denial—it knew it had been caught—it my second term, and I am more than national diplomacy. With all these claimed that it would stop and that it halfway through it. By Senate stand- nominations, the President isn’t drain- had stopped. But in 2015, ExxonMobil ards, I don’t expect that is very senior, ing the swamp. He is filling it with ex- was still funneling millions to groups but it is enough that I have seen some actly the kind of big special interests pedaling climate denial. According to patterns develop. that most Americans voted to keep its own publically available ‘‘2015 One of the patterns I have seen de- out. Worldwide Global Giving’’ report, over velop is that my friends on the other Our Republican colleagues are jam- $1.6 million, or one-fifth of side of the aisle talk a really good ming and stacking the confirmation ExxonMobil’s public information and game on deregulation, on regulatory hearings in a rush to fill in this swamp policy research contributions went to reform. They give speeches on the bur- Cabinet before the American people organizations active in deceiving the den of undue regulation. They give can get a good look at the nominees. public about climate change—groups speeches about the cost of regulation. By the way, the byproduct of all of this like the American Legislative Ex- Over and over they seek deregulation. is the swamp gas of climate denial. change Council, the National Black But when it comes time to actually do A strong majority of voters polled Chamber of Commerce, the Hudson In- something, every single time that I can since the election called on President stitute, and the Manhattan Institute. remember, the deregulatory effort goes Trump to do more to address global Under Tillerson’s leadership, Exxon to the benefit of two groups. One is warming. So let us look at the record spent untold millions of dollars ob- Wall Street and the other is polluters. of this fossil fuel swamp Cabinet. structing climate action and burying The rest is just talk. Today, we voted on ExxonMobil CEO real science in a cloud of nonsense. The Sure enough, here we are with the Rex Tillerson to be our Secretary of nonprofit research organization Influ- first Congressional Review Act effort, State. Like President Trump, Tillerson ence Map found that ExxonMobil spent

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.065 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE S606 CONGRESSIONAL RECORD — SENATE February 1, 2017 at least $27 million obstructing climate ‘‘global threat multiplier.’’ These ‘‘oth- Oklahoma attorney general Scott action in 2015 alone. This was after ers’’ might just know what they are Pruitt is Trump’s nominee for Admin- they had said publically that they talking about, and they are not bur- istrator of the Environmental Protec- would knock it off. Tillerson even dened with the conflict of interest of tion Agency, the bureau most directly fought his own shareholders. The Insti- being the CEO of a company that is responsible for leading the U.S. effort tute for Policy Studies reports share- sponging a $700-billion subsidy off the to stave off the effects of climate holders of ExxonMobil have introduced American taxpayers every year. Per- change. Mr. Pruitt has such deep polit- 62 climate-related resolutions over the haps the problem is that Mr. Tillerson ical and financial ties to fossil fuel past 25 years. Under his guidance, man- is too steeped in the fossil fuel industry companies and front groups that it is agement has opposed every one of to hear the ‘‘others’’ who have dedi- hard to tell where they give off and he them. cated their careers to defending the begins. He has served as the industry’s Rex Tillerson once openly mocked a American people. mouthpiece and attack dog for years. shareholder who asked about investing The United States ought to represent When he was asked during his Envi- in renewables. Tillerson responded that to the world a model of democratic ronment and Public Works Committee renewable energy only survives on the leadership and honesty. That is how we confirmation hearing to explain his backs of enormous government man- get away with saying that we are a city dealings with the fossil fuel industry dates that are not sustainable. ‘‘We on on a hill. That is how we explain to the through secretive, dark money groups purpose choose not to lose money,’’ he world that we hold up a lamp in its that he operated, which have been tied said. Well, one of the ways they choose darkness. The telling responses from to specific companies he would be not to lose money is by spending huge Mr. Tillerson’s hearing matter because charged with regulating should he be amounts on a big, complex PR machine he will be the one to direct or abdicate confirmed, he provided misleading, in- to churn out doubt about the real America’s global leadership on this complete, and evasive answers. science and to protect the enormous critical issue. So we submitted substantive fol- We may be blind in this Chamber to market failure that forces the rest of lowup questions, asking him to set the the fact that the fossil fuel industry is record straight. Once again, he chose us to pay for the cost of Exxon’s carbon calling the shots, pulling the strings, to provide evasive and empty re- pollution. To say that renewable en- has control over our democracy, and is sponses. Right now, his record is a ergy only survives on the backs of gov- going around breaking our democratic black hole of special interest secrecy ernment mandates and subsidies is a checks and balances in order to seize about his dark money links to the fos- bitter irony from the CEO of a com- control. But the rest of the world sil fuel industry. That ought not to be pany in an industry that has been cal- knows. You don’t think the rest of the acceptable to anybody in the Senate. culated by the International Monetary world can see why this body will do We have a constitutional duty to pro- Fund to get subsidies of $700 billion a anything on climate change when vide advice and consent on administra- year in the United States alone from every American State university tion nominations. Any Senator who be- not having to pay for the damage that knows that it is coming on, when every lieves that Congress should have a role its product causes. American scientific society knows that in overseeing this administration Now, $700 billion a year is quite the it is coming on, when our defense pro- should take note of this. In response to subsidy. We heard this special brand of fessionals know that it is coming on questions following up on Pruitt’s fossil fuel doublespeak in his confirma- and warn us about it, when NASA and hearing, rather than providing infor- tion hearing. ‘‘The increase in green- NOAA know that it is coming on and mation sought by the committee, he house gas concentrations in the atmos- warn us about it? instructed the Senate to file open phere are having an effect,’’ he said. You don’t think that the people of records act requests for the informa- ‘‘Our ability to predict that effect,’’ he Russia and China and Germany know tion with the State of Oklahoma. continued, ‘‘is very limited.’’ that we are the ones who have a craft If Pruitt is willing to tell Senators Wrong. Our ability to predict that ef- driving around on the surface of Mars? who are poised to vote on his nomina- fect is clearly established. The sci- You don’t think they know how good tion to go to the back of a very long, entists who study our planet’s climate our scientists are, and you don’t think first-come, never-served line to learn system know that is the case. They un- they know that the NASA scientists more about his conflicts of interest, I derstand that our carbon pollution has are telling us climate change is seri- can hardly imagine how unresponsive already driven unprecedented changes ous, it is coming at us, it is going to be he will be when Congress asks for infor- in the climate, and they know that ris- catastrophic if we don’t act—we have mation about changes he wants to ing concentrations of greenhouse gases to do something? They know that. make to the renewable fuel standard, will bring rising temperatures, higher Everybody sees it. It is in plain view. changes he wants to make to clean air sea levels along our coast, a warmer What is missing is that Congress will protections, changes he wants to make and more acidic ocean, and changes in not act because the tentacles of the to our clean water protections or to weather patterns. fossil fuel industry swarm through this toxic regulations. None of this is subject to serious place. The world sees it and knows it By the way, he has stonewalled for doubt in the scientific community. and history will judge us for it. more than 2 years, producing 3,000 When asked whether he sees climate Tillerson has spent his career leading emails between him and his office and change as a national security issue, an international oil company that has identified fossil fuel companies and Tillerson replied, ‘‘I don’t see it as the been consistently and fundamentally front groups—stonewalled an open imminent national security threat that dishonest with the world as to what records request for 2 years. His office perhaps others do.’’ ExxonMobil knew about climate admits there are at least 3,000 of them. Well, let’s talk about those ‘‘others’’ change. His professional life has been Of the 3,000 emails between him and for a minute. They are the ‘‘others’’ centered on extracting—extracting fos- the fossil fuel industry that his office who are in charge of defending our sil fuels from the earth, extracting has admitted exist, how many do you country and its interests, the people drilling concessions from corrupt re- suppose he has produced for the Envi- whose job it is to monitor global trends gimes, extracting special tax favors ronment and Public Works Com- and prepare for future threats. They from Congress, and extracting profits mittee—out of 3,000? Pick a number. I are intelligence and security experts for his shareholders. will tell you what the number is: zero; like the former Director of the CIA, the Well, American leadership in a dan- not one. Chair of President George W. Bush’s gerous world is about more than that. The party that for a long time had a National Intelligence Council, the That is why I could not support his really determined interest in emails former commander of the U.S. Pacific nomination. He is just one of several suddenly has no interest in these Command. individuals nominated by President emails at all. Emails? What emails? If The ‘‘others’’ include the top brass at Trump who cannot accept the science it is fossil fuel companies on the other the U.S. Department of Defense, which of climate change or who harbors close end of the emails, suddenly it does not has in its Quadrennial Defense Reviews ties to the fossil fuel industry or both— matter. Pruitt does not want the Sen- for years described climate change as a usually. ate and the American people to know

VerDate Sep 11 2014 05:01 Feb 02, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G01FE6.066 S01FEPT1 rfrederick on DSKBCBPHB2PROD with SENATE February 1, 2017 CONGRESSIONAL RECORD — SENATE S607 about his dealings with his polluter pa- he now hopes to lead. Perry also does rover driving around on Mars and pre- trons. But we should know. It is our job not accept the scientific consensus on sumably know a little something about to know. The public should know—but climate change. science. They are more likely to pro- not when it is fossil fuels. He has said: tect the profits of polluters than pro- President Trump also nominated Historically in Texas we’ve always had tect the health of Americans. Senator SESSIONS of Alabama as Attor- substantial periods of drought. World tem- Mr. President, there is too much at ney General, the position responsible peratures have also been changing for mil- stake here to let Washington sink into for enforcing Federal environmental lennia. I truly believe the science is not set- the polluters’ swamp. This whole sce- laws, like the Clean Air Act. He has in- tled on the issue of man-made global warm- nario is an embarrassment to our coun- ing. vented the notion that the sky is not try. It is going to be a lasting stain on right in Alabama for solar power, say- Well, he had not checked with Texas our national reputation. ing, ‘‘In my home State of Alabama, universities when he said that. He was Bringing us back to this Congres- one would think we have a good bit of the Governor of Texas. He has not even sional Review Act, here we go again. sunshine, but in truth, we have a lot of checked with his own universities. The Congressional Review Act action clouds, and solar is not effective in our I went down to Texas. I had a hearing was brought to benefit coal company area.’’ with climate scientists from the major polluters at the expense of our natural In a 2015 interview with the Family Texas universities. They came in and heritage, our children, and our com- Research Council, Senator SESSIONS said what they knew: It is real. It is mon good, just so they don’t have to said he was not even sure that global coming. We are already seeing it. It is clean up the mess they left behind, just warming exists. That same year in a important. We have to get ahead of it. so they don’t have to clean up ruined hearing with the EPA Administrator, It is caused by CO2. We can solve that. public streams. It is just the latest Senator SESSIONS claimed that ‘‘carbon Let’s get to work. demonstration that in this Congress, It is not a complicated message. It is pollution is CO2, and that’s not really a fossil fuel is king, doesn’t care for our coming from his home-State univer- pollutant; that’s a plant food, and it future, doesn’t care for anything but sities. doesn’t harm anybody except that it what goes into its own pockets, and it Why would a Governor not follow the might include temperature increases.’’ is a disgrace. This is the man who wants to be At- message of science developed and prop- Mr. President, I yield the floor. torney General of the United States, agated by his own home-State univer- who says he is going to follow the law. sities? Why? Because the fossil fuel in- f There is a Supreme Court case on point dustry is so powerful that it will not that says carbon is a pollutant. What let people recognize the truth. In the ADJOURNMENT UNTIL 11 A.M. does he say? Carbon pollution is CO2, confirmation, Perry continued to hedge TOMORROW and it is not really a pollutant. That is his bets. He said: The PRESIDING OFFICER. The Sen- just plain not the law. I believe the climate is changing. I believe ate stands adjourned until 11 a.m. to- By the way, try telling my Rhode Is- some of it is naturally occurring, but some morrow. land fishermen, whose stocks are dis- of it is also caused by man-made activity. Thereupon, the Senate, at 9:25 p.m., appearing from the warming waters off The question is how do we address it in a adjourned until Thursday, February 2, thoughtful way that does not compromise our coast, that CO2 does not harm any- 2017, at 11 a.m. body. Trying telling it to Senator economic growth, the affordability of energy or American jobs. MERKLEY’s shell fishermen in Oregon f who have had shellfish hatcheries Well, if Governor Perry were actually NOMINATIONS wiped out by acidified seas coming in. being thoughtful about it, he would I asked Senator SESSIONS at the con- heed economic analyses like the Risky Executive nominations received by firmation hearing whether, as Attor- Business Project that show if we don’t the Senate: ney General, he would make decisions address climate change in a serious SUPREME COURT OF THE UNITED STATES in environmental cases based on sci- way, worsening storms, rising seas, NEIL M. GORSUCH, OF COLORADO, TO BE AN ASSOCIATE entifically accepted facts. Senator SES- warmer temperatures, and other ex- JUSTICE OF THE SUPREME COURT OF THE UNITED STATES, VICE ANTONIN SCALIA, DECEASED. SIONS, to his credit, responded that he treme weather events will cost the would and said that the ‘‘theory’’ of United States billions of dollars. Just DEPARTMENT OF JUSTICE global warming ‘‘always struck me as ask the insurance industry. In fact, ask ROD J. ROSENSTEIN, OF MARYLAND, TO BE DEPUTY AT- TORNEY GENERAL, VICE SALLY QUILLIAN YATES, RE- plausible.’’ our own CBO who testified today that SIGNED. Well, if he is confirmed, he will have these are concerns we need to look at. RACHEL L. BRAND, OF IOWA, TO BE ASSOCIATE ATTOR- NEY GENERAL, VICE DEREK ANTHONY WEST, RESIGNED. to hold a lot of these fossil fuel compa- President Trump’s Cabinet nominees STEVEN ANDREW ENGEL, OF THE DISTRICT OF COLUM- nies accountable under our environ- should be working for the American BIA, TO BE AN ASSISTANT ATTORNEY GENERAL, VICE mental laws, and I hope he will famil- people. But their public records show VIRGINIA A. SEITZ, RESIGNED. iarize himself with the science that he that they are more likely to listen to f committed to follow because I intend the Koch brothers, to ExxonMobil, to to hold him to his pledge. Devon Energy, to Murray Energy, to CONFIRMATION Last, over at the Department of En- the special interests and the fossil fuel Executive nomination confirmed by ergy, Trump chose former Governor industry, and that they will not listen the Senate February 1, 2017: Rick Perry of Texas, a one-time Presi- to our military, they will not listen to DEPARTMENT OF STATE dential candidate who campaigned on our national labs, they will not listen REX W. TILLERSON, OF TEXAS, TO BE SECRETARY OF eliminating altogether the Department to NASA, even though they have that STATE.

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