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

Vol. 165 WASHINGTON, TUESDAY, APRIL 9, 2019 No. 61 Senate The Senate met at 10 a.m. and was Senator from the State of Mississippi, to per- clerkship in the Eastern District of called to order by the Honorable CINDY form the duties of the Chair. Oklahoma at the outset of his legal ca- HYDE-SMITH, a Senator from the State CHUCK GRASSLEY, reer. That career included time in pri- of Mississippi. President pro tempore. vate practice, as the State’s Solicitor Mrs. HYDE-SMITH thereupon as- f General and, most recently, as Asso- sumed the Chair as Acting President ciate Justice of the Oklahoma Supreme PRAYER pro tempore. Court. The Chaplain, Dr. Barry C. Black, of- f I am sorry to say that this week will mark 1 year since Mr. Wyrick’s nomi- fered the following prayer: RESERVATION OF LEADER TIME Let us pray. nation was first received in the Senate. The ACTING PRESIDENT pro tem- Almighty God, You know all about I hope each of my colleagues will join pore. Under the previous order, the us. You know when we sit down and me in long-overdue support for its leadership time is reserved. when we rise up. Forgive us when we prompt consideration on the floor. fail to acknowledge Your sovereignty f Over the course of the week, as I have outlined, we will consider four over our lives or to trust the unfolding CONCLUSION OF MORNING other well-qualified nominees who have of Your loving providence. Thank you BUSINESS for the gift of freedom to choose. Help been waiting on the Executive Cal- The ACTING PRESIDENT pro tem- us to use Your admonition as a lamp endar for far too long. We will build on pore. Morning business is closed. for our feet and a light for our path. the action taken last week to restore Guide our lawmakers. Bring their f some reason and sanity to the nomina- hearts under Your control as You in- EXECUTIVE SESSION tions process, which has suffered in re- fuse them with a deeper love for You cent years under the burden of partisan and humanity. May they seek to cause obstruction. justice to roll down like waters and EXECUTIVE CALENDAR Before the week is through, we will also turn to the nomination of David righteousness like a mighty stream. The ACTING PRESIDENT pro tem- We pray in Your great Name. Amen. Bernhardt to lead the Department of pore. Under the previous order, the the Interior. The Senate has confirmed f Senate will proceed to executive ses- Mr. Bernhardt twice before to serve sion to resume consideration of the fol- PLEDGE OF ALLEGIANCE that Department as Deputy Secretary lowing nomination, which the clerk and as Solicitor. When you hear the The Presiding Officer led the Pledge will report. nominee and review his credentials, it of Allegiance, as follows: The senior assistant legislative clerk is easy to see why. Mr. Bernhardt has I pledge allegiance to the Flag of the read the nomination of Daniel significant private practice experience, United States of America, and to the Repub- Desmond Domenico, of Colorado, to be as well as a past record of service at lic for which it stands, one nation under God, United States District Judge for the indivisible, with liberty and justice for all. the Department. District of Colorado. Along the way he has earned the re- f RECOGNITION OF THE MAJORITY LEADER spect of those who rely on the public APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- lands the Department of the Interior is PRESIDENT PRO TEMPORE pore. The majority leader is recog- charged to oversee, from Native Amer- nized. ican leaders to sportsmen’s groups. He The PRESIDING OFFICER. The NOMINATIONS has been praised as a ‘‘proven leader’’ clerk will please read a communication Mr. MCCONNELL. Later today, the who ‘‘act[s] with integrity’’ and has to the Senate from the President pro Senate will vote to advance the nomi- ‘‘the right approach and skill set.’’ tempore (Mr. GRASSLEY). nation of Daniel Domenico to serve as I hope each of my colleagues will join The senior assistant legislative clerk U.S. District Judge for the District of me in voting to confirm him later this read the following letter: Colorado. week. U.S. SENATE, After we vote on his confirmation, we MEDICARE PRESIDENT PRO TEMPORE, will do the same for Patrick Wyrick, Madam President, on a completely Washington, DC, April 9, 2019. To the Senate: nominated to a vacancy in the Western different matter, we are continuing to Under the provisions of rule I, paragraph 3, District of Oklahoma. watch as our friends across the aisle of the Standing Rules of the Senate, I hereby Mr. Wyrick is a two-time graduate of take big steps in their party’s contin- appoint the Honorable CINDY HYDE-SMITH, a the University of Oklahoma and held a ued march toward the far, far left. As I

∑ 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 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.000 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2298 CONGRESSIONAL RECORD — SENATE April 9, 2019 understand, they will soon introduce culated that ‘‘doubling all Federal in- identical to S. 1057, the bill is consid- the Senate version of the radical dividual and corporate income taxes’’— ered read three times and passed, and healthcare proposal that I have come doubling them—‘‘would be insufficient the motion to reconsider is considered to call Medicare for None. to fully finance the plan.’’ made and laid upon the table. It is only the latest installment in Doubling all of the corporate and in- The bill (H.R. 2030) was ordered to a the steady drumbeat of calls for social- dividual income taxes would be insuffi- third reading, was read the third time, ist central planning that we have been cient to fully finance the plan. Dou- and passed. hearing from our Democratic col- bling what Americans send to the IRS Mr. MCCONNELL. I suggest the ab- leagues as of late. in income taxes would take away all of sence of a quorum. Earlier this year, we saw the Speaker the competition and choice in the The ACTING PRESIDENT pro tem- of the House declare her top priority as health insurance market. The failures pore. The clerk will call the roll. the Democrat politician protection act, and foibles of ObamaCare, as painful as The senior assistant legislative clerk an effort to literally rewrite the rules they are for so many families, would proceeded to call the roll. Mr. THUNE. Madam President, I ask of free speech in American elections likely be just the warmup act to this unanimous consent that the order for and give political campaigns a big dose socialist bonanza. the quorum call be rescinded. of taxpayer dollars, all so the outcome Apparently this is what my Demo- The ACTING PRESIDENT pro tem- of the political process could be more cratic colleagues believe will pass for a pore. Without objection, it is so or- political winner. We are looking for- to the Democrats’ liking. dered. We have seen all but a tiny handful ward to that debate. of our Democratic colleagues unable to I will give them this: With Repub- H.R. 1602 Mr. THUNE. Madam President, there reject an absurdly intrusive and mind- licans standing for preserving what is one thing pretty much every Amer- bogglingly expensive plan to forcibly works and fixing what doesn’t, for re- ican can agree on. It is that illegal remodel the U.S. economy and Amer- ducing tax rates instead of shooting robocalls are a major nuisance. Who ican families’ lives until they are suffi- them sky-high, and for strengthening hasn’t been annoyed after answering ciently ‘‘green.’’ the employer-sponsored and Medicare the phone and discovering it is an auto- Now, perhaps as soon as this week, Advantage plans that American fami- mated message asking you to purchase the latest new scheme will make land- lies actually rely on instead of snatch- some product or provide sensitive per- fall in the Senate. I am sure it will ing those plans away, my Democratic sonal information? grab a new round of headlines, but friends are certainly working hard to But, of course, these calls aren’t under the Cadillac hood, it will offer paint a contrast—and we welcome it. merely a nuisance. Scammers use these only the same old push mower engine, S. 1057 calls to successfully prey on vulnerable the same tired, debunked logic that Madam President, on one final mat- populations, like the elderly, who may Washington knows best and the Amer- ter, even as the Senate grapples with be less technologically savvy. It is no ican people can’t be trusted to decide these kinds of major disagreements, I surprise that people are deceived. I what is best for themselves and their want to highlight that there were still think most of us have received families. bipartisan accomplishments constantly robocalls that sounded pretty credible, That tired, old engine cannot power coming out of this Chamber. They and the practice of spoofing numbers the kind of healthcare that Americans don’t always make national front-page adds another layer of deception. deserve. The legislation my colleagues news, but they often represent hugely Scammers can disguise the actual want to brand as Medicare for All hol- significant progress for the American number they are calling from so the lows out the actual Medicare Program people. call looks like it is coming from a le- that our seniors rely on until the only Just yesterday afternoon, the Senate gitimate number. You may recognize thing left is the label. Then it takes passed legislation from Senator MAR- the number calling you as a trust- that label and slaps it on a brandnew, THA MCSALLY to formalize a landmark worthy local number, but the actual untested, government-run plan that drought contingency plan for the Colo- call may be from a scam artist. every single American would be forced rado River Basin. Our Senate col- I remember an article from my home into—forced into—whether they like it leagues from the West have been work- State a couple of years ago that re- or not. In fact, competing private in- ing with State and local leaders lit- ported that scammers had successfully surance policies, such as the ones that erally for years to develop this bipar- spoofed the number of the Watertown 180 million Americans currently use, tisan, bicameral solution. Seven Police Department. So to anyone who would be banned outright—gone. States, countless local and Tribal au- received that call, it looked as if it was For the privilege of having their ex- thorities, and both the United States really the Watertown Police Depart- isting Medicare or existing employer- and Mexico have skin in this game, so ment calling. provided plans ripped away from them hammering out this coordinated plan If the source looks credible and the by the same old Washington experts was no small feat. call sounds credible, it can be difficult who brought us ObamaCare with sky- Now that this agreement will be codi- not to believe it, which is why people high premiums and deductibles, out-of- fied in Federal law, tens of millions of fall prey to robocall scam artists every pocket costs, and dysfunction—for that Americans will be able to rest easier, single day, sometimes with devastating privilege the American people would knowing that their supply of drinking consequences. have to pick up a historic $32 trillion water and irrigation will be better pro- Scammers’ goal is to steal the kind tab. That is just the rough estimate for tected from water shortages. of personal information that can be the first 10 years—$32 trillion over 10 I want to congratulate all of our col- used to steal your money and your years. That is more than the Federal leagues who worked hard to make this identity. When scammers are success- Government has spent on everything— happen, particularly Senator MCSALLY ful, they can destroy people’s lives. everything—over the past 8 years com- and Senator GARDNER, who have been There are laws and fines in place bined. It is so much that even senior strong voices for this agreement and right now to prevent scam artists from Democrats aren’t claiming to know the people of Arizona and Colorado. I preying on people through the tele- how it will be paid for. That price is so look forward to the President signing phone, but unfortunately, these meas- steep that even left-leaning analysts this into law in the very near future. ures have been insufficient. Almost a are admitting that the tax burden is f year ago today, when I was chairman virtually certain to land on the shoul- of the Commerce Committee, I subpoe- ders of the middle class. COLORADO RIVER DROUGHT CON- naed Adrian Abramovich, a notorious Here is the Washington Post, ver- TINGENCY PLAN AUTHORIZA- mass robocaller, to testify before the batim: ‘‘Medicare-for-all in particular TION ACT committee. His testimony made it would require tax hikes on middle class The ACTING PRESIDENT pro tem- clear that current fines are insufficient families.’’ pore. Under the order of April 8, 2019, to discourage robocallers. Robocallers To give you a sense of scale for this the Senate, having received from the just figure that those fines are part of nightmare, one think tank has cal- House H.R. 2030 and the text being the cost of doing business.

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.002 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2299 In addition, the Federal Communica- Mr. SCHUMER. Madam President, I This is not the Senate blocking tions Commission’s anti-robocall en- ask unanimous consent that the order nominees as much as the President forcement efforts are currently ham- for the quorum call be rescinded. likes to blame somebody else for his pered by a tight time window for pur- The ACTING PRESIDENT pro tem- problems; this is the President’s own suing violations. To address these prob- pore. Without objection, it is so or- administration that has failed to nomi- lems, at the end of last year I intro- dered. nate people for such important posi- duced the Telephone Robocall Abuse RECOGNITION OF THE MINORITY LEADER tions, and many of these positions have Criminal Enforcement and Deterrence The ACTING PRESIDENT pro tem- been long vacant. The areas we men- Act, or the TRACED Act. pore. The Democratic leader is recog- tioned are ever important in our Last week, my bipartisan legislation nized. changing world, and this administra- passed the Commerce Committee by TRUMP ADMINISTRATION tion is simply failing to nominate any- unanimous vote. The TRACED Act pro- Mr. SCHUMER. Madam President, one. vides tools to discourage illegal the watchword in the executive branch We should be projecting stability and robocalls, protect consumers, and today is ‘‘chaos.’’ This chaos stems continuity through our State Depart- crack down on offenders. It expands the from one source and one source only— ment. Instead, it has been battered and window in which the FCC can pursue President Donald Trump and his ex- belittled by its own administration to intentional scammers from 1 year to 3 treme agenda—and America is paying the point at which both sides in Con- years, and in years 2 and 3, it increases the price. gress have spoken out. Just yesterday, the financial penalty for those individ- Everyone agrees there are issues at we learned the administration is push- uals making robocalls from zero dol- the border, but if you are the President ing out the head of the Secret Service lars to $10,000 per call to make it more and if you are in charge of our national amid a new scandal surrounding a secu- difficult for robocallers to figure fines security, you don’t tweet your way rity breach at Mar-a-Lago, the so- into their cost of doing business. into a strategy; you don’t keep chang- called winter White House. Now joining It also requires telephone service pro- ing policies; and you don’t keep switch- the others who are gone—fired by Twit- viders to adopt new call verification ing personnel if you want to make ter or whatever—is the head of the Se- technologies that would help to pre- progress on the most challenging issue cret Service. All of this chaos has one vent illegal robocalls from reaching that is facing our country. source and one source only—the Presi- Every day, we hear this is the Presi- consumers. Importantly, it convenes a dent of the United States and his er- dent’s new policy, and 2 days later, we working group with representatives ratic, vacillating attitudes toward pol- from the Department of Justice, the hear it is not happening. People are being fired because they tell the Presi- icy and personnel. FCC, the Federal Trade Commission, Across a broad spectrum of issues, dent, according to news reports, that the Consumer Financial Protection Bu- his policies are so extreme that even he can’t break the law when he wants reau, State attorneys general, and oth- good-faith nominees eventually face a to do something. You cannot keep ers to identify ways to criminally pros- choice—leave the administration or be changing personnel, changing strategy, ecute illegal robocalling. consumed by the quicksand of the Criminal prosecution of illegal and tweeting your way through a prob- lem as serious as this. That is why Trump swamp. robocalling can be challenging. I hope the President or some of the there is chaos when it comes to border Scammers are frequently based abroad people around him will realize that his issues—all created by the President and can quickly shut down shop before administration is far from a fine-tuned and his whimsical, erratic, and often- authorities can get to them, but I be- machine; it is a slow-motion disaster lieve we need to find ways to hold times nasty pursuit of policy. Even the Republicans are worried that the American people see in action scammers criminally accountable. every day. There are few things more despicable sick about the chaos President Trump WOMEN’S HEALTH than preying on and exploiting the vul- has created over the week. My friend Madam President, on women’s nerable, and scammers should face JOHN CORNYN says this is all a giant health, the Senate Judiciary Com- criminal prosecution for the damage ‘‘mess’’—his words. Well, my friend mittee will hold a hearing today on a that they do. from Texas is correct. Yet this dys- I am very pleased that the TRACED function is not confined to a few Agen- sham bill that would further restrict Act has now moved to the full Senate cies; this chaos is throughout the exec- women’s access to care. for consideration. I am grateful to Sen- utive branch because Donald Trump Every woman and every family in America should shudder at the Repub- ator MARKEY for partnering with me on has the same kind of switching of per- this legislation, and I am pleased that sonnel, changing of policies, and trying licans’ campaign to take away the this bipartisan bill has been embraced to tweet his way through a problem in rights of women to make decisions by all 50 attorneys general, by the other areas as he does with regard to about their own health just to satisfy a Commissioners at the Federal Trade the border. hard-right, radical agenda that the Commission and the Federal Commu- Let me remind my colleagues that vast majority of Americans completely nications Commission, and by major the Secretary of Health and Human disagrees with. This bill would unduly restrict wom- industry associations and leading con- Services, the Interior Secretary, and en’s rights to make their own health sumer groups. the EPA Administrator each resigned Later this week, I will hold a hearing amid scandal. The Trump administra- decisions. Dr. Jennifer Conti, who is a on the Commerce Committee Sub- tion has not yet nominated anyone for clinical assistant professor of OB/GYN committee on Communications, Tech- probably the most important Cabinet at Stanford, described the 20-week nology, Innovation, and the Internet, position, the Secretary of Defense, mark set by the bill as ‘‘just an arbi- which I chair, to further examine the since Secretary Mattis’s departure, and trary limit set in place by politicians problem of illegal robocalling. I will when he departed, Secretary Mattis that has no medical or scientific back- work to get the TRACED Act to the had a scathing rebuke of President ing.’’ Let me repeat—‘‘an arbitrary President’s desk as soon as possible. Trump’s policies. limit set in place by politicians’’—poli- This legislation will not prevent all Look at the chaos at the State De- ticians making decisions about wom- illegal robocalling, but it is a big step partment, where the damage extends en’s health. That is what is wrong here. in the right direction. I look forward to way beyond America’s borders. Because What is more, a 20-week ban is, argu- helping consumers by enacting the of incompetence and inaction, there ably, unconstitutional. Just 2 weeks TRACED Act’s protections as soon as are no nominees to more than 30 va- ago, a Federal judge in North Carolina possible. cant key positions at State, including ruled it was. We know the 20-week ban I yield the floor. Under Secretary of State for Public Di- is just a start among those who want I suggest the absence of a quorum. plomacy and Special Envoy for North to take away women’s rights. They will The ACTING PRESIDENT pro tem- Korean Human Rights. There are no try to go for a 10-week ban, then a 6- pore. The clerk will call the roll. nominees to be our Ambassador to week ban. It is all part of a radical, re- The senior assistant legislative clerk Pakistan or Egypt and none for Qatar lentless effort to completely and un- proceeded to call the roll. or Thailand. equivocally strip women of their right

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.003 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2300 CONGRESSIONAL RECORD — SENATE April 9, 2019 to make their own healthcare deci- can either have funding for our neigh- den of their awful decisions that will sions. bors in the Midwest, or we can pursue hurt so many Americans. They are so The rhetoric we will hear from the aid for Puerto Rico that the President far out of the mainstream. Republicans in this hearing will be opposes. For the President of the I yield the floor. much the same we have heard for United States to pit American citizens The PRESIDING OFFICER (Mr. years. Whether it is a vote we took in against each other is simply un-Amer- SCOTT of Florida). The Senator from the Senate or a new law protecting ican, and for Republicans in the Senate Washington. one’s rights in my home State of New to go along with him is exhibit A of Mrs. MURRAY. Mr. President, I ask York, the Republicans have repeatedly their refusal to stand up. unanimous consent to speak for 3 min- used scare tactics and falsehoods to Some of my colleagues have said: utes as in morning business. mislead the public. Yes, these are noth- Well, we are giving Puerto Rico just The PRESIDING OFFICER. Is there ing but scare tactics, but don’t take food stamp money. OK. Let’s give all objection? my word for it. Time and time again, the other States just food stamp Without objection, it is so ordered. fact checkers have ruled the Repub- money. See if they think that is going WOMEN’S HEALTH licans’ rhetoric on these issues to be to help them rebuild their homes and Mrs. MURRAY. Mr. President, as the outright false. deal with the roads and all the other minority leader explained, we unfortu- Let’s be clear. Across the country, things that natural disasters have nately expect that today Senate Re- the reproductive rights of women are brought. Of course not. publicans will again make an effort to under attack. In statehouses across the That is the double standard, and it is spread lies and misinformation about country, the Republicans are forcing not going to happen. We know the why some women decide to have abor- through radical proposals that would House, to their credit, is standing firm. tions later in pregnancy, and they will dramatically limit women’s rights to Let’s come up with a compromise do so instead of listening to women make their own choices—in Mis- that funds both. As Americans have al- like Judy, from my home State of sissippi, in Georgia, in Kentucky. This ways done when American citizens in Washington, who learned that her son’s is a threat to women in all 50 States, one part of the country are in trouble organs were not developing properly— not just in those 3. It is dangerously because of disaster, we come together one lung was just 20 percent formed, out of step with the American people. and help them all—not just the ones and the other was missing entirely; The Trump administration is even the President likes or finds politically women like Darla, from Texas, who imposing a gag rule on healthcare pro- advantageous but all. We don’t say: We learned that the complications one of viders to stop them from discussing the will give just food stamps to some but her twins was facing could endanger full range of options with women who complete disaster relief to the others. the other’s life as well; women like consider having abortions. They are That is wrong, and that hurts Amer- Alyson, a mother of six, who learned literally preventing doctors from doing ican citizens in Puerto Rico and else- that one of her twins had died in the their jobs. It is illogical, intrusive, and where. womb and the other was facing severe hypocritical that the Republicans in Last week, Senator LEAHY and I pre- complications and that her own health Washington would tell a doctor what sented a solution that solves all the was in severe risk from the pregnancy; he or she can or cannot say to a patient problems—$16.7 billion in relief for all or countless patients in States that in a private medical conversation. Americans affected by natural disas- have so severely undermined access to I have been around here long enough ters, including $2.5 billion in new fund- safe, legal abortion that women strug- to remember when the Republicans ing that could help communities with gle to exercise their rights protected were preaching that government the new disasters in the Midwest. It under our Constitution. should never come between a patient had support for Puerto Rico and the It is worth asking, with so much else and his or her doctor. Why the change? people in the other territories. going on, why are Republicans spend- Since taking office, President Trump It is about time we stop this standoff, ing time doubling down on lies to un- and his Republican colleagues have re- pass disaster relief, and help our fellow dermine women’s reproductive health? peatedly prioritized restricting wom- Americans before the next storms The unfortunate truth is that my Re- en’s reproductive freedoms and have make their unwelcome arrival. publican colleagues are not repeating strategically placed obstacles in the NOMINATIONS these falsehoods because they are con- way of their accessing the healthcare Finally, on judges, today, the Repub- cerned about children or families; in- they deserve. Donald Trump and our lican leader will follow through on his stead, they are doing whatever they Republican friends believe they know plan to remake the judiciary in the think will help them reach their goal better than American women. That is image of President Trump. Irony of iro- of taking away access to safe abortion wrong, and American women totally nies, the first nominee we will consider in the United States of America. disagree with them. is a gentleman who supported the Re- Republicans may not be listening to Yet, while the Republicans across the publican leader’s decision to not con- women or doctors or families like the country push these proposals, they sider even a committee hearing or a ones I just mentioned who had to make look the other way when President vote on Merrick Garland. That is gall- extremely difficult decisions, but Trump proposes cutting programs that ing. Democrats are listening. We know help newborns and young children. Mr. Domenico and the other nomi- women need to be able to make the The President wants to cut Medicaid nees we will consider today are outside healthcare choices that are right for by more than $1 trillion. That provides the mainstream—way outside the them and their families, and healthcare coverage for 37 million chil- mainstream—and should not be rushed healthcare providers need to be able to dren. He wants to eliminate programs through this body. Two hours of debate let medical standards, not politics, that support emergency medical health on a lifetime appointment? Shame on drive patients’ care. services for children and that address our Republican friends who went along None of this should be controversial, autism and developmental disorders. with that. and for the vast majority of people I hope my Republican colleagues will By participating in this sham proc- across the country, it is not. But as join us instead of slipping down this ess, every Republican will fully own long as Republicans are holding par- radical, ideological, and deeply mis- each and every radical decision each of tisan hearings to spread misinforma- guided path to strip away the rights of these nominees makes. We see what is tion and lies or pushing anti-doctor, women. happening now. A very conservative anti-women, and anti-family legisla- H.R. 268 justice in Texas is taking healthcare tion or putting up new barriers to Now on disaster relief, as I said yes- away from millions of Americans. He is make it harder for women to access re- terday, the question of providing fund- taking away their protection for pre- productive healthcare or trying to ing for our fellow Americans hurt by existing conditions. defund trusted healthcare providers natural disasters is not an either-or My fellow Republicans, you are on like Planned Parenthood through proposition, but Republicans have warning: If you keep voting for these harmful gag rules or jamming through treated it like one. They argue that we judges, you are going to carry the bur- far-right, ideological judges to chip

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.004 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2301 away at Roe v. Wade, Democrats are judge Dan would be. I am particularly [Rollcall Vote No. 65 Ex.] not going to stop fighting back on be- struck by Dan’s service as the Colorado YEAS—55 half of women, men, and families in solicitor general. Alexander Gardner Portman this country. While the Democratic leader may ob- Barrasso Graham Risch Bennet Grassley I yield the floor. ject to Dan Domenico, two Democratic Roberts The PRESIDING OFFICER. The Sen- Blackburn Hawley Romney Governors in Colorado did not. In fact, Blunt Hoeven ator from Colorado. Rounds they kept his service. In fact, Dan Boozman Hyde-Smith Rubio Mr. GARDNER. Mr. President, I have served as solicitor general for the State Braun Inhofe Sasse two unanimous consent requests. Burr Isakson Scott (FL) of Colorado during one Republican Capito Jones I ask unanimous consent that the Scott (SC) Cassidy Kennedy Governor and two Democratic Gov- Shelby mandatory quorum call be waived. Collins Lankford ernors. He served, regardless of party, Sinema The PRESIDING OFFICER. Without Cornyn Lee objection, it is so ordered. with competence and zeal. That is what Cotton Manchin Sullivan Mr. GARDNER. And I ask unanimous the Colorado legal community would Cramer McConnell Thune Tillis consent that I be allowed to complete tell anyone who wishes to listen. His Crapo McSally Daines Moran Toomey my remarks before the vote. approach to the legal issues he con- Enzi Murkowski Wicker The PRESIDING OFFICER. Without fronted was the same regardless of the Ernst Paul Young objection, it is so ordered. party in power. He looked to the law. Fischer Perdue NOMINATION OF DANIEL DESMOND DOMENICO And that is what we expect in every NAYS—42 Mr. GARDNER. Mr. President, I judge. That is what Colorado wants. Baldwin Hassan Rosen come to the floor to speak in support of That is what our country needs. We Blumenthal Heinrich Sanders Dan Domenico, the district judge we need experienced practitioners who are Booker Hirono Schatz respected by their peers and who will Brown Kaine Schumer will be voting on shortly. Cantwell King Shaheen I strongly support Dan Domenico for faithfully apply the law regardless of Cardin Klobuchar Smith the district court position in the Dis- politics or place in life. That is what I Carper Leahy Stabenow trict of Colorado. Dan has impeccable believe Dan will do, and that is why I Casey Markey Tester Coons Menendez Udall academic and legal credentials. A na- enthusiastically support his nomina- Cortez Masto Merkley Van Hollen tive Coloradan, he is well known and tion and hope my colleagues will follow Durbin Murphy Warner well respected throughout the entire suit as well. Feinstein Murray Warren Gillibrand Peters Whitehouse Colorado legal community. These char- I yield the floor. acteristics make him very well suited Harris Reed Wyden to be on the bench. CLOTURE MOTION NOT VOTING—3 A native of Boulder, CO, Dan received The PRESIDING OFFICER. Pursuant Cruz Duckworth Johnson his undergraduate degree from George- to rule XXII, the Chair lays before the The PRESIDING OFFICER. On this town University and his juris doctorate Senate the pending cloture motion, vote, the yeas are 55, the nays are 42. from the University of Virginia—it has which the clerk will state. The motion is agreed to. been a good week for the University of The legislative clerk read as follows: The Senator from Texas. Virginia: a new Federal judge and a na- CLOTURE MOTION ORDER OF BUSINESS tional championship—where he grad- Mr. CORNYN. Mr. President, I ask uated order of the coif and was the edi- We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the unanimous consent that all postcloture tor of the law review. time on the Domenico nomination ex- After law school, Dan joined the re- Standing Rules of the Senate, do hereby pire at 2:15 p.m.; further, that if con- spected firm of Hogan & Hartson and move to bring to a close debate on the nomi- firmed, the motion to reconsider be then clerked for Judge Tim nation of Daniel Desmond Domenico, of Col- orado, to be United States District Judge for considered made and laid upon the Tymkovich, who is now the chief judge the District of Colorado. table and the President be immediately on the Tenth Circuit Court of Appeals. Mitch McConnell, Johnny Isakson, Roger Following his clerkship, Dan contin- notified of the Senate’s action. I fur- F. Wicker, John Boozman, John Cor- ther ask unanimous consent that the ued his public service as a Special As- nyn, Mike Crapo, Shelley Moore Cap- sistant to the Solicitor in the U.S. De- ito, Pat Roberts, Roy Blunt, Deb Fisch- Senate recess from 12:30 until 2:15 p.m. partment of the Interior. There, he ad- er, David Perdue, Todd Young, John today. vised the Secretary and the Depart- Thune, Mike Rounds, Steve Daines, The PRESIDING OFFICER. Without ment on matters related to national John Hoeven, Thom Tillis. objection, it is so ordered. parks, fish and wildlife, Bureau of Land The PRESIDING OFFICER. By unan- SUPPORTING VETERANS Management issues, and Indian affairs. imous consent, the mandatory quorum Mr. CORNYN. Mr. President, I was These are all areas that matter a great call has been waived. fortunate to grow up in a military fam- ily. My dad served for 31 years in the deal to Colorado and the West. The question is, Is it the sense of the U.S. Air Force. He actually started out Dan was then appointed to be the so- Senate that debate on the nomination at a very young age as a B–17 pilot in licitor general for the State of Colo- of Daniel Desmond Domenico, of Colo- the Army Air Corps before the Air rado. While he was the youngest person rado, to be United States District Force was even created. tapped for the position, he then became Judge for the District of Colorado, He was stationed at Molesworth Air the longest serving solicitor general in shall be brought to a close? our State’s history, holding the posi- Force Base in England and flew mis- tion for 9 years. As solicitor general, The yeas and nays are mandatory sions across the English Channel into Dan represented the State in both under the rule. Germany during World War II. He flew State and Federal courts, including the The clerk will call the roll. 26 of those missions, and he was suc- U.S. Supreme Court. He oversaw all The legislative clerk called the roll. cessful in completing each one of them major litigation for the State, and he Mr. THUNE. The following Senators except for the last one. On the 26th provided legal advice to the Governor are necessarily absent: the Senator mission, he was shot down and cap- tured as a POW for the last 4 months of and State agencies. from Texas (Mr. CRUZ) and the Senator the war. Dan is currently the founding and from Wisconsin (Mr. JOHNSON). managing partner at the Kittredge Growing up in a military family obvi- Further, if present and voting, the LLC, where he represents clients in ously means a lot to me. I grew up with Senator from Wisconsin (Mr. JOHNSON) high-stakes, complex litigation and ap- a father who demonstrated every day would haved voted ‘‘yea.’’ peals. He is an adjunct professor at the what it means to be a patriot. Of University of Denver’s College of Law, Mr. DURBIN. I announce that the course, like most military brats—that where he teaches courses in natural re- Senator from Illinois (Ms. DUCKWORTH) is what we called ourselves—I spent a sources law and constitutional law. is necessarily absent. lot of time traveling around the coun- As impressive as this background is, The yeas and nays resulted—yeas 55, try. Of course, I was born in Texas and it is also an insight into the type of nays 42, as follows: consider San Antonio home, but we

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.006 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2302 CONGRESSIONAL RECORD — SENATE April 9, 2019 lived in Mississippi and in Kensington, as a result of an alcohol or drug addic- take the uniform off, is that what they MD, right outside the District of Co- tion, which is a coping or self-medica- miss most about the military is the ca- lumbia. I graduated from high school tion mechanism that does not work out maraderie and sense of teamwork and in Japan. This is pretty typical of a lot well. Those stories do not end well at mutual support. This legislation is de- of military families because they tend all. Those are some of the challenges signed to try to provide some transi- to move around quite a bit. One of the we have facing our veterans and trying tional support for peer-to-peer services, biggest challenges, being a student to provide them with the services they to connect qualified veterans with growing up in a military family, is fre- are entitled to and have earned. other veterans during that period of quently having to change schools. That But there is a good news part to this time. It will also allow qualified vet- requires a little bit of resilience on the story. Last summer we took a major erans to obtain treatment, recovery, part of the student because they have step to provide veterans with the stabilization, and rehabilitation serv- to learn how to make friends, even in healthcare they deserve when we ices. new settings. passed the VA MISSION Act. This leg- While providing physical and mental Despite the challenges of moving islation will make significant reforms healthcare for veterans is a top pri- around as a kid, there was one thing I in the Department of Veterans Affairs ority, it is only part of providing a was always grateful for. I had the privi- and provide veterans with more flexi- smooth transition for those who leave lege of witnessing not only my dad but bility to make decisions themselves re- military life to return to civilian life. so many others of our U.S. military garding their healthcare. In other We want to ensure that they have servicemembers in action. Seeing their words, they don’t have to adapt to the ample employment opportunities as courage and sacrifice showed me early system. The system can adapt to them well. on that there is nothing we can do to and be flexible to their needs. Last month, the veterans unemploy- adequately repay these men and One of the most common frustrations ment rate was 2.9 percent—down from women for their service to their coun- I hear from my Texas veterans is that 4.1 percent in March of last year and try, but you better believe we have to it is sometimes impractical to travel lower than the national unemployment try, and we are going to keep trying— to the next VA hospital when they need rate. I would like to think that is, in not just to repay them but to recognize care. This legislation, the VA MISSION part, a result of the concerted effort we them and to honor them. Act, consolidates and improves VA have made to provide more opportunity In Congress we accomplished a lot for community programs. In other words, to our veterans to transition into a our military over the last few years. you can get the care in your commu- meaningful career after life in the mili- We restored America’s defense with the nity. It allows veterans to receive care tary. I am encouraged by those positive greatest investment in the military in from private hospitals and doctors. numbers. We will continue to follow decades, including the largest troop It also provides funding for the Vet- them and make sure it is not just a pay raise in nearly 10 years. That is erans Choice Program to continue blip on the radar screen. after we tried unsuccessfully to do until the approved Veterans Commu- Last Congress, I introduced the what we have done from time to time, nity Care Program matures and is fully American Law Enforcement Heroes which is to cash in the ‘‘peace divi- in effect. Act, which is now law. It amended a dend.’’ Unfortunately, we can’t cash in The VA MISSION Act included some 1968 law to allow grant funds to be used the peace dividend because there never of the most substantial reforms to the to hire and train veterans as career law seems to be peace, as much as we would veterans healthcare system in years, enforcement officers. Everywhere I go hope and pray for that. lowering the barriers to care for vet- across the State of Texas, I talk to po- But supporting our heroes on the bat- erans and giving them more treatment lice departments that were really hav- tlefield is only part of our responsi- options. It has also provided the larg- ing huge challenges trying to fill the bility toward the military. We are also est funding increase in recent history vacancies in their ranks. This will focused on ensuring that they get the for veterans’ care and services and allow more of our veterans who are care, support, and opportunities they modernized the VA’s electronic health trained to serve as career law enforce- need once they come home and take record system. ment officers and use grant funds to the uniform off as a veteran. My hope is it will provide some need- hire and train them further to make I have heard from many of my vet- ed relief to veterans and their families sure they have the skills needed in a erans in Texas who are frustrated with who aren’t happy with the status quo, specific police department or law en- the services provided by VA facilities. and we will continue to work with forcement position. This bill makes They shared stories about having to them until we get this right, to build sure veterans can get hired by local travel hours upon hours to receive on these reforms until we are able to law enforcement agencies when they care, sometimes forcing them to accept provide the sort of care all of our vet- come out of the military with the very lower quality care or sometimes to erans need and deserve. We don’t want skills that are needed by those police forego it entirely. to just provide for these men and wom- agencies working to keep our commu- Both in Texas and across the coun- en’s physical needs, we also need to en- nities safe. try, VA facilities have notably been sure that they have adequate mental I also introduced the Jobs for Our He- plagued by inefficiency, lack of ac- health resources as well. roes Act, which was signed into law countability, and quality of care Last Congress, I was an original co- last January. This streamlines the issues. Making matters more chal- sponsor of the Veteran Urgent Access process by which Active-Duty military lenging, the VA has been hindered by to Mental Healthcare Act. Enacted as reservists and veterans receive com- unnecessary bureaucratic hurdles. The part of the 2018 Consolidated Appro- mercial driver’s licenses. Veterans’ Administration has more priations Act, this law now allows Finally, another bill I will mention than 300,000 people working for them. those discharged under certain other- was the Harry W. Colmery Veterans So bureaucracy should be its middle than-honorable conditions access to Educational Assistance Act, which name. It is not designed to be efficient, critical mental health care facilities. made much needed updates for vet- but it is incredibly frustrating and Veterans who are struggling deserve to erans facing school closures while en- costly for our veterans as they seek to be carefully evaluated at the onset of rolled. It also increased the resources get the care we promised them and their mental illness and supported with and opportunities for educational as- that we are dutybound to provide. the VA medical treatment necessary sistance for veterans pursuing STEM Sadly, in some cases veterans turn to for their recovery. careers—science, technology, engineer- alternative coping mechanisms that I was proud to introduce the Mental ing, and math—something we need can lead to destructive addictions. We Health and Safe Communities Act, more of. know that self-medication is a real which established peer-to-peer services Every piece of legislation I men- problem, particularly for mental that connect qualified veterans with tioned was signed into law by Presi- health issues, and veterans, unless they other veterans to provide support and dent Trump and represents our com- are diagnosed properly and receive the mentorship. One of the things I hear mitment in the Senate to supporting correct medical care, can spiral down from our servicemembers, when they America’s veterans. I am proud of the

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.010 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2303 work we have been able to do together lenced. Victims are silenced so voters IMMIGRATION on a bipartisan basis—big and small— can’t find out about this disgusting be- Madam President, I believe any to provide America’s veterans with the havior. President is entitled to surround him- support and resources they need as I have always believed that sunlight self with the advisers of his choice. I they transition to civilian life. is the best antiseptic and the best dis- firmly believe that. There is more I would like to accom- infectant, and it is long past time, in As you know, our recent Secretary of plish this Congress to provide greater my opinion, that we stop revictimizing Homeland Security has been replaced. care and open more doors to veterans. people who wanted nothing more than She and the President met on Sunday, I look forward to working with all of to come to work every day and be and they mutually decided there would my colleagues to do exactly that. treated with basic human dignity. be a change at the top in Homeland Se- TRIBUTE TO LIEUTENANT GENERAL PAUL E. The title of my proposed law is the curity. Secretary Nielsen decided to re- FUNK II Stop Silencing Victims Act. It is really sign. Madam President, finally, I want to very simple. It would say that if you Shortly thereafter, her White House take just a moment to congratulate are a State or Federal employee or if colleagues, her friends—the people she one outstanding servicemember from you are a public official or a public em- has worked with day in and day out to Texas who just received a big pro- ployee and you are accused of sexual try to solve this crisis of illegal immi- motion. The Senate recently confirmed harassment and you settle that law- gration into America—immediately be- LTG Paul E. Funk II for his fourth star suit—whether you settle it with tax- came anonymous sources and pro- and for the position of commanding payer funds or private funds—then a ceeded to cut her to pieces off the general of the U.S. Army Training and nondisclosure agreement is prohibited record. Of course, our press, as it is en- Doctrine Command. in that settlement unless the victim titled to do under the First Amend- Since 2017, General Funk has served wants to have a nondisclosure agree- ment, feasted on it. These were Sec- as commanding general of the Third ment. In other words, if you are ac- retary Nielsen’s colleagues; the people Armored Corps at Ford Hood, where he cused of sexual harassment and you she worked with on a daily basis. commands about 100,000 soldiers on five settle the case, the taxpayers are enti- This is America. Within reason, you installations across five States. As ex- tled to know about the settlement un- can say what you want, but you ought cited as we were for him to take the less the victim decides otherwise. to put your name to it. You shouldn’t helm at Fort Hood, it felt more like a I am going to be careful here. We be- hide behind the label of an anonymous homecoming for General Funk. lieve passionately, as we should, in due source. I believe, and I suspect the Pre- As a matter of fact, he was born at process in America; that just because siding Officer does, too, that we should Fort Hood and is the son of a previous you are accused of something doesn’t treat people with dignity and respect. I commander of the Third Corps at Fort mean you are guilty of it. Some of my felt and still feel Secretary Nielsen’s Hood. They were the first father-son colleagues have suggested in the past former colleagues did not show her dig- duo to command the unit and joined a that you are morally tainted if you nity and respect. In fact, their behavior small but impressive group of other fa- don’t automatically believe all accus- was classless. thers and sons who have commanded ers. I don’t agree with that. I think you I think Secretary Nielsen did the the same corps. are morally tainted if you don’t treat very best she could under difficult cir- Throughout his career, General Funk both the accuser and accused with re- cumstances, for we do have a problem has been deployed five times and led spect and dignity and due process. So at the border. ‘‘Problem’’ is an under- soldiers during Operations Desert the purpose of my bill is not to take statement. In March, we had 100,000 Shield, Desert Storm, twice in Oper- away anybody’s due process. Just be- people come into our country illegally. ation Iraqi Freedom, Operation Endur- cause you are accused of something That is the most in 10 years. If that ing Freedom, and Operation Inherent doesn’t mean you are guilty of it. continues, we are going to set a record Resolve. General Funk is highly deco- Having said that, I think we have to this year of the number of people en- rated and has received multiple Distin- face the facts in America. We have had tering our country illegally. guished Service Medals, the Defense far too many instances of sexual har- We are a nation of immigrants, and I Superior Service Medal, multiple Le- assment. We have seen it in Hollywood am proud of that. Americans cannot be gion of Merit awards, and numerous repeatedly. I don’t know how the ac- called anti-immigrant. Every year, we Bronze Stars, among other medals. tors in Hollywood have time to make welcome a million people across the I wanted to say a few words to con- movies; they are too busy molesting world to come into our country and be- gratulate soon-to-be General Funk and each other. come Americans. They do it legally. his wife, Dr. Beth Funk, on this incred- It is not just in Hollywood. It is all They follow the law—they are properly ible accomplishment. He is an out- across society. It is in the Halls of Con- vetted; they get in line; they wait pa- standing soldier, leader, and patriot, gress. It is in the halls of State govern- tiently. Then we welcome them in. We and will do great work at TRADOC. ment. It is in the boardroom. It is all are a nation of immigrants, and I am The State of Texas is sad to say fare- across America. For the first time in a very proud of that. well, but we wish him the very best as long time, women who are usually—not Unfortunately, we have another he heads to Virginia for this incredible always but usually—the victims of sex- 500,000 to 600,000 people who don’t fol- opportunity and his continued service ual harassment have started to speak low the rules. They come into our to our country. up. I thank them for that. country illegally. Illegal immigration The PRESIDING OFFICER (Mrs. My bill will further enhance their is illegal. Even if you think it is a good BLACKBURN). The Senator from Lou- voice. If they make an accusation of idea—and I don’t—if you care about the isiana. sexual harassment and the alleged per- rule of law, which is one of the bedrock STOP SILENCING VICTIMS ACT petrator is a State employee or Federal principles in America, then you would Mr. KENNEDY. Madam President, I employee and the lawsuit is settled, no want to stop illegal immigration. It is want to talk briefly about two sub- longer will you be able to have an just that simple. jects. The first is sexual harassment. agreement that says nobody can talk I don’t care who the President puts in More specifically, I want to talk about about it unless the victim wants to. charge of Homeland Security. I don’t a bill I am going to be introducing. It Once again, I think this kind of trans- want to leave that statement in isola- is about the abuse of nondisclosure parency will help us fight a very seri- tion or allow it to be taken out of con- agreements across government. ous problem in America because this is text. Obviously, the Secretary of the There are victims of sexual harass- no country for creepy old men or for Department of Homeland Security is a ment who are prohibited from talking creepy young men or for creepy mid- very important post, but I don’t care about their experiences because of a dle-aged men or for anybody—man or which man or woman the President nondisclosure agreement that is at- woman—who would use his or her chooses, for we are not going to solve tached to a settlement and has been power to obtain sexual favors from this problem until we do three things. paid for by taxpayers or, in some cases, somebody in fear of them in power in Some brandnew, shiny, magical wonder with private funds. Victims are si- the workplace or otherwise. pony is not going to gallop in and save

VerDate Sep 11 2014 02:01 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.011 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2304 CONGRESSIONAL RECORD — SENATE April 9, 2019 us here. We have to solve this problem There are some bad people coming control the flow of people from Central ourselves. across the border. Some of them are America, until we revise our asylum The first thing we have to do is to from Central America. The President is laws, and until we build a barrier. build a wall. I am not talking about a right about that. We have gang mem- I suggest the absence of a quorum. wall from sea to shining sea. We have bers, drug dealers, criminals, child sex The PRESIDING OFFICER. The 1,900 miles of border. I am talking traffickers, and adult sex traffickers. clerk will call the roll. about barriers that are strategically Yet all of the people coming across are The bill clerk proceeded to call the placed. You cannot seal a 1,900-mile not bad people. They are coming be- roll. piece of real estate without having a cause they are scared. I read an anal- Mr. HAWLEY. Madam President, I barrier. It can’t be done. If you don’t ysis the other day of a poll conducted ask unanimous consent that the order believe me, ask Israel. That is why it by Vanderbilt University. It was the for the quorum call be rescinded. has a 400-plus-mile border wall with the most expensive, thorough poll that one The PRESIDING OFFICER. Without West Bank. That is why Saudi Arabia could do. They didn’t call people on the objection, it is so ordered. has a border wall with Yemen. That is telephones; they talked to people in Mr. HAWLEY. Madam President, I why India has a border wall as do Bul- person. It was a representative sample. ask unanimous consent that I be per- garia and Malaysia. I could keep going. This poll found that between one- mitted to complete my remarks. Border walls work. All border walls say third and one-half of the people with The PRESIDING OFFICER. Without is: If you come into our country, come whom they talked who lived in Central objection, it is so ordered. in legally because we believe in the American countries—the so-called RELIGIOUS INTOLERANCE rule of law. Northern Triangle countries—had been Mr. HAWLEY. Madam President, I The second thing we need to do, as victims of crime within the past year, rise to discuss a new and growing fun- the Presiding Officer well knows, is to usually of extortion. That is the prob- damentalism—a fundamentalism of in- pass asylum laws that look like some- lem in these Central American coun- tolerance and bigotry that is spreading body designed the things on purpose tries—the gangs are running the coun- on our college campuses, in our univer- because what we have now doesn’t fit tries. In many cases, the police and sity systems, and in the media. It is a that description. If you are coming elected leadership are complicit. I fundamentalism that wraps itself in from Central America—from El Sal- mean, imagine how bad things would the language of tolerance but that is, vador, from Nicaragua, from Guate- have to be for you to take your child in fact, a cloak for discrimination mala—all you have to do is make it to and your spouse and decide ‘‘I am going against people of faith. This new fun- American soil, say the magic words, to leave where I am and walk, with the damentalism would undermine the and you will be allowed into our coun- clothes on my back, 500 to 1,000 miles most important constitutional guaran- try. You will be told: We are going to to another country because that is how tees and traditions of our Nation that give you a court date. Yet we are so far bad things are where I am right now.’’ have allowed us to live in civil peace behind in our immigration court that That is the case with many of the peo- and civil friendship for over 200 years, the court date will likely come in a and that is the subject of my remarks year and a half or 2 years. You will be ple in Central America. I don’t know the answer. I think we this afternoon. released into the country, and you will should start with a Presidential sum- The latest example of this new fun- be told to come back for the court mit—not representatives of the Presi- damentalism of intolerance comes date. Some do. Many don’t. from Yale University—in particular, No other country that I am aware of dent’s but a Presidential summit of the from Yale Law School—where we has an asylum law as upside down as President of the United States, Presi- learned last week that Yale Law ours. You could drive all across Wash- dent of Mexico Lopez Obrador, and the School had imposed a new policy that ington, DC, and pick the first person Presidents of the Northern Triangle you find who is living under the inter- countries. Let’s see what we can do to would block students who work for cer- state and say: You draft an asylum law try to solve this problem. tain faith-based organizations from ac- for us. It would be better than the asy- There is precedent for this. Back in cessing resources that are available to lum law we have right now. the late 1990s and well into the next all other students. Specifically, that The U.S. Senate ought to be debating decade, we had a terrible problem with policy would prohibit students from re- America’s asylum laws right this sec- drug cartels and cocaine coming into ceiving school resources if they decided ond. I am not saying the other things this country from Colombia. We didn’t to work for an organization that takes we are doing—we are in the personnel solve that problem overnight. We religious faith into account when hir- business—aren’t important, but there solved it by working with Colombia to ing. Unlike Federal law, Yale’s policy, is not a single issue right now that is develop what we called then Plan Co- as announced, failed to include an ex- more important. Congress needs to do lombia. We sat down with the Presi- emption for religious organizations its job, and the Senate ought to be de- dent of Colombia and said: We will even though Federal law recognizes the bating this issue right now. I don’t work with you. We will even provide rights of religious organizations to hire know how it will turn out. How about some of the funding in return for spe- based on their faiths. we just surprise ourselves for a change cific commitments—one being to stop What we are talking about here is and do something intelligent by put- growing cocoa leaves, for example. It something very simple. Yale said to a ting the issue on the floor of the Sen- has taken a decade, but we have not group of students that if those in the ate and by letting us debate it and completely solved the problem. Yet, if group wanted to work for faith-based offer amendments. We might be sur- you visit Colombia today, it is a dif- organizations, they would not be able prised at what we can achieve. ferent country. to access the same funds or the same The third thing we are going to have Let me say again—and I will end on loan repayment programs that are of- to do to solve our problem is to con- this note—that I am not anti-immigra- fered to all other students who work vince our friends in Mexico and our tion, and I don’t think most Americans for all other organizations. As to what friends in Central America—El Sal- are. We are a nation of immigrants, but Yale held out to students as being a vador, Guatemala, Nicaragua—to work illegal immigration undermines legal neutral and generally available pro- with us in terms of solving this prob- immigration. Some of my colleagues gram for folks who chose to work in lem. What I would like to see the Presi- don’t agree with that. They don’t make the public’s interest either during the dent do is to call an immigration sum- the distinction between legal and ille- summer or after law school, Yale Law mit. He has declined to do it, but I am gal immigration. Some of my col- School, last week, said: Oh, no. It is going to keep talking about it until I leagues, I am convinced—and it is their not going to be available if you are a persuade him to call an immigration right, for this is America; believe what student of faith and choose to go to summit. Invite the President of Mexico you want—believe that illegal immi- work for an organization that is faith- and the President of the Northern Tri- gration is a moral good. I don’t. I think based and want to pursue its faith- angle Central American countries. illegal immigration is illegal, and I based mission. Let’s come together, and let’s talk think it hurts our country. We are not Ironically, this was done in the name about the problem. going to solve this problem until we of tolerance. Yale said it was trying to

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It is dis- of individuals for their religious faith. today to focus on a serious issue that crimination against religious organiza- No, Yale Law School is not enacting has plagued our society and impacted tions and nonprofit organizations that this policy because the law requires it; the lives of so many people across our are pursuing their good work and that they are enacting this policy because great Nation: sexual assault. are, in many instances, doing so with- they no longer believe in the right to During my time at Iowa State Uni- out asking their clients to pay a single be wrong. They no longer believe that versity, I served as a volunteer coun- cent. It is discrimination on the basis our religious faith is so fundamental, is selor at a crisis center that provided of faith, pure and simple. It is discrimi- so significant, and is so meaningful shelter and support to survivors of nation against students of faith who that we ought to be allowed to pursue abuse and sexual assault. I heard so want to go to public interest organiza- it peacefully, in harmony with one an- many gut-wrenching stories of women tions that share their faith missions other. and of men fleeing domestic abusers, and who want to do good in the world You know, Yale said of their policy suffering not just physically but emo- by pursuing those beliefs while helping that ‘‘the law school cannot prohibit a tionally and spiritually. Taking calls those who are in need. It is discrimina- student from working for an employer on our hotline from people who had tion, at the end of the day and at the who discriminates’’—that is their un- been raped and sexually abused was ab- root of the matter, that rejects this derstanding of what religious organiza- solutely heartbreaking. country’s commitment and our First tions do when they ask that the mem- Abuse is not something you can just Amendment’s commitment to plu- bers of the organization share the same simply forget; it stays with you for- ralism. faith; they call that discrimination— ever. And I know this personally. As a You know, our First Amendment is ‘‘the law school cannot prohibit a stu- survivor and as a Senator, I feel it is an extraordinary text. When enacted, dent from working for an employer important to be a voice for the thou- it was the first of its kind in the world, who discriminates, but that is not a sands of victims across Iowa and so and it makes an extraordinary commit- reason why Yale Law School should many more across our Nation who have ment. It says that the people of this bear any obligation to fund that fallen prey to sexual assault, to rape, country have the right to pursue and to work.’’ to harassment, and other forms of observe their religious beliefs, what- Well, Yale Law School can certainly abuse. Our country is facing a mental ever they may be, so long as they do so pursue its own beliefs, its own objec- health crisis, and one cannot help but in peace with one another. It is, as an tives, and its own values, but why feel that these issues are all too often old friend of mine once said, the right should they be doing it with Federal interwoven into the stories of so many to be wrong. The First Amendment taxpayer money? That is my question. Americans. Yale University receives millions of guarantees that every single American April is Sexual Assault Awareness dollars in Federal taxpayer subsidies can pursue his or her most fundamen- Month. As lawmakers, it is a stark re- every year, which they use to pad their tally held, deeply held religious beliefs minder that we must take a long, hard multibillion-dollar endowment. Yale so long as they don’t harm other peo- look at how we combat this problem Law School, this seat of privilege, does ple. That doesn’t mean we all have to and take real steps to confront sexual not have to accept this money from the assault in our society. agree on what our religious beliefs are. Federal Government—I submit to you, Just last week, with my colleagues It doesn’t mean we have to agree on is not entitled to this money from the Senator GRASSLEY, Senator GILLI- the outcomes our religious creeds lead Federal Government if they are going BRAND, and others, we reintroduced a us to. to engage in patterns of discrimination Our First Amendment recognizes the bipartisan bill to combat sexual as- targeted at religious students and reli- right to be wrong, but this new fun- sault on our college and university gious organizations for special dis- damentalism, this new intolerance and campuses. Our bipartisan measure will favor. bigotry does not recognize the right to So I propose this: If Yale Law School make campuses in Iowa safer and en- be wrong. In fact, it wants to eliminate and Yale University want to pursue a sure victims are fairly heard by chang- the right to be wrong. It wants to say policy of discrimination towards reli- ing the way our universities handle that, no, we all have to agree. We all gious believers, they may certainly do sexual assault cases. have to now share Yale’s view of what so, but they may not do it with Federal But it is not just these young men an appropriate religious mission is. We taxpayer money. and women at these institutions who now have to share Yale’s view of what You know, Yale said at the end of have been victimized. Like so many of students should be doing with their last week that they would add an ex- you, I was horrified—absolutely horri- time. We have to share Yale’s view of emption now. They said they would add fied—to hear of the crimes committed what our deeply held beliefs, religious an exemption for religious organiza- by Larry Nassar, the USA Gymnastics or otherwise, should be. tions and religious believers. We doctor who abused hundreds of young This sort of fundamentalism insists haven’t seen that exemption yet. I no- athletes. The actions of Nassar and the on a monochromatic view of the world tice that it took days of pressure and individuals and institutions that facili- that we all believe the same thing, that outcry for them to come forward with tated and then protected his behavior we all act in the same way, that we all this. I hope they will add an exemp- are inexcusable. behave the way our elites want us to tion. I hope they will stop targeting re- The cases were also symptomatic of behave. Well, I submit to you that is ligious students for special disfavor. broader problems our society faces on not the First Amendment to the U.S. But what I hope above all is this: I sexual assault, rape, harassment, and Constitution. That is not our great tra- hope that Yale Law School and Yale abuse, leaving women and men, young dition of pluralism. That is not what University will recommit themselves and old, vulnerable. These types of fail- has allowed us to live in civil peace and to our proud tradition of pluralism, of ures are the reasons I have worked civil friendship for these many years. diversity, of the right to be wrong, with my colleagues in Congress on re- The question is, Why do Yale Law which has been the basis for our civic forms to ensure sexual misconduct is School and other institutions pursue friendship, for our civic peace, for the reported, responded to, taken seri- policies like this? Well, it is not be- extraordinary diversity of thought and ously, and ideally prevented. For in- cause of the law. Let’s be clear about belief we so cherish in this country. stance, we introduced a bill to require that. In fact, Federal law and, indeed, I yield the floor. the governing bodies of U.S. amateur our Constitution prohibit precisely this The PRESIDING OFFICER. The Sen- athletic organizations to immediately kind of targeting of people of faith for ator from Iowa. report sex abuse allegations to local or disfavor. Just in 2017, the U.S. Supreme Ms. ERNST. Madam President, I ask Federal law enforcement or a child Court ruled in a case called Trinity Lu- unanimous consent to complete my re- welfare agency. theran that policies that target the re- marks before the lunch recess. But the work doesn’t end with our ligious for special disabilities based on The PRESIDING OFFICER. Without educational and athletic institutions; their religious status are unconstitu- objection, it is so ordered. we must challenge people to do better

VerDate Sep 11 2014 02:18 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.012 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2306 CONGRESSIONAL RECORD — SENATE April 9, 2019 to protect people from these horren- The PRESIDING OFFICER. Is there a Mr. CORNYN. Madam President, I dous actions. In the case of the mili- sufficient second? ask unanimous consent that the man- tary, the Department of Defense should There appears to be a sufficient sec- datory quorum call be waived. take a stronger posture in terms of pre- ond. The PRESIDING OFFICER. Is there venting sexual assault within its The clerk will call the roll. objection? ranks. I say this as a former company The senior assistant legislative clerk Without objection, it is so ordered. commander and a retired lieutenant called the roll. By unanimous consent, the manda- colonel. While there have been con- Mr. DURBIN. I announce that the tory quorum call has been waived. crete steps taken to improve the safety Senator from New Jersey (Mr. BOOKER) The question is, Is it the sense of the of our servicemembers, there is more is necessarily absent. Senate that debate on the nomination that we can and should do to protect The PRESIDING OFFICER. Are there of Patrick R. Wyrick, of Oklahoma, to our men and women in uniform and any other Senators in the Chamber de- be United States District Judge for the change the overall culture. siring to vote? Western District of Oklahoma, shall be The message I hear all too often is The result was announced—yeas 57, brought to a close? that victims in our armed services nays 42, as follows: The yeas and nays are mandatory have a fear of retaliation. Folks, this is [Rollcall Vote No. 66 Ex.] under the rule. absolutely unacceptable. Those who re- The clerk will call the roll. YEAS—57 port sexual assault should not fear The assistant bill clerk called the coming forward, and those who retali- Alexander Fischer Paul roll. Barrasso Gardner Perdue ate against individuals should be pun- Bennet Graham Portman Mr. DURBIN. I announce that the ished to the full extent of the law. I Blackburn Grassley Risch Senator from New Jersey (Mr. BOOKER) helped author a bill to make retalia- Blunt Hawley Roberts is necessarily absent. Boozman Hoeven Romney The PRESIDING OFFICER. Are there tion its own unique offense under the Braun Hyde-Smith Rounds Uniform Code of Military Justice, and Burr Inhofe Rubio any other Senators in the Chamber de- fortunately for our servicemembers, Capito Isakson Sasse siring to vote? this bill is now law. Cassidy Johnson Scott (FL) The yeas and nays resulted—yeas 53, Collins Jones Scott (SC) nays 46, as follows: It is my hope that Congress can con- Cornyn Kennedy Shelby tinue to work on legislation that ad- Cotton Lankford Sinema [Rollcall Vote No. 67 Ex.] dresses these issues. Cramer Lee Sullivan YEAS—53 While my personal story certainly Crapo Manchin Thune Cruz McConnell Tillis Alexander Fischer Perdue does play a role in my passion for Daines McSally Toomey Barrasso Gardner Portman change, so also do the stories and faces Enzi Moran Wicker Blackburn Graham Risch of men and women back home in Iowa, Ernst Murkowski Young Blunt Grassley Roberts Boozman Hawley Romney every single one of them, with that NAYS—42 Braun Hoeven Rounds Burr Hyde-Smith face, with that name, with that heart, Baldwin Hassan Rosen Rubio Capito Inhofe and with that soul. It is their stories Blumenthal Heinrich Sanders Sasse Cassidy Isakson Brown Hirono Schatz Scott (FL) that push me to want to make real and Collins Johnson Cantwell Kaine Schumer Scott (SC) lasting change. Whether it is working Cornyn Kennedy Cardin King Shaheen Shelby Cotton Lankford with Senator DIANNE FEINSTEIN, rank- Carper Klobuchar Smith Cramer Lee Sullivan Casey Leahy Stabenow ing member of the Judiciary Com- Crapo McConnell Thune Coons Markey Tester mittee, to reauthorize the Violence Cruz McSally Tillis Cortez Masto Menendez Udall Daines Moran Toomey Against Women Act or fighting to re- Duckworth Merkley Van Hollen Enzi Murkowski Wicker duce the abuse of females in custody Durbin Murphy Warner Ernst Paul Young through legislation with Senators Feinstein Murray Warren Gillibrand Peters Whitehouse OOKER LUMENTHAL NAYS—46 B and B , combating Harris Reed Wyden sexual assault should be bipartisan and Baldwin Heinrich Sanders something we all can agree on. NOT VOTING—1 Bennet Hirono Schatz Blumenthal Jones I look forward to continuing to work Booker Schumer Brown Kaine Shaheen with my colleagues toward ending sex- The nomination was confirmed. Cantwell King Sinema ual assault once and for all. This issue The PRESIDING OFFICER. Under Cardin Klobuchar Smith Carper Leahy will continue to plague us until we the previous order, the motion to re- Stabenow Casey Manchin Tester come together and take concrete steps Coons Markey consider is considered made and laid Udall Cortez Masto Menendez to address it. We all can and must do upon the table. The President will be Van Hollen Duckworth Merkley better. Warner immediately notified of the Senate’s Durbin Murphy This month, as we raise awareness of action. Feinstein Murray Warren sexual assault, I hope to see this body Gillibrand Peters Whitehouse f taking real and lasting action. Harris Reed Wyden I yield the floor. CLOTURE MOTION Hassan Rosen f The PRESIDING OFFICER. Pursuant NOT VOTING—1 RECESS to rule XXII, the Chair lays before the Booker The PRESIDING OFFICER. Under Senate the pending cloture motion, The PRESIDING OFFICER. On this the previous order, the Senate stands which the clerk will state. vote, the yeas are 53, the nays are 46. in recess until 2:15 p.m. The assistant bill clerk read as fol- The motion is agreed to. Thereupon, the Senate, at 12:43 p.m., lows: f recessed until 2:15 p.m., and was reas- CLOTURE MOTION EXECUTIVE CALENDAR sembled when called to order by the We, the undersigned Senators, in accord- The PRESIDING OFFICER. The Presiding Officer (Mrs. CAPITO). ance with the provisions of rule XXII of the clerk will report the nomination. f Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- The senior assistant legislative clerk EXECUTIVE CALENDAR—Continued nation of Patrick R. Wyrick, of Oklahoma, read the nomination of Patrick R. The PRESIDING OFFICER. Under to be United States District Judge for the Wyrick, of Oklahoma, to be United the previous order, all postcloture time Western District of Oklahoma. States District Judge for the Western Mitch McConnell, Johnny Isakson, Roger District of Oklahoma. has expired. F. Wicker, John Boozman, John Cor- The question is, Will the Senate ad- The PRESIDING OFFICER. The Sen- nyn, Mike Crapo, Shelley Moore Cap- ator from Tennessee. vise and consent to the Domenico nom- ito, Pat Roberts, Roy Blunt, Deb Fisch- ination? er, David Perdue, Todd Young, John MAIDEN SPEECH Mr. INHOFE. I ask for the yeas and Thune, Mike Rounds, Steve Daines, Mrs. BLACKBURN. Madam Presi- nays. John Hoeven, Thom Tillis. dent, it is an honor to speak on the

VerDate Sep 11 2014 03:13 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.014 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2307 floor of the Senate today for the first ment ought not have the first right of we ought to work together on solving— time. I really want to say a thank you refusal on your paycheck, but it does. drug trafficking, sex trafficking, to my colleagues here in the Senate for It is part of our duty as public servants human trafficking, and gangs. We must the warm welcome, especially Senator to be responsible stewards of the tax- solve it rather than allow it to be a po- ALEXANDER, for the friendship, advice, payers’ money and to be aggressive in litical issue for a campaign. and counsel he supplies to each and rooting out waste, fraud, and abuse. I am here to work to protect your every one of us, especially to me. I think we should heed the 2010 warn- right to privacy—the physical and the I am really humbled to be here as the ing of the then-Chairman of the Joint virtual space. Yesterday Senator KLO- first female elected from Tennessee to Chiefs, Admiral Mullen, when he said: BUCHAR and I sent a letter to the FTC serve in the Senate. I just have to note ‘‘The most significant threat to our na- that focuses on how we protect Ameri- that a few decades ago, neither the tional security is our debt.’’ cans from what I call the data pirates Presiding Officer, who is the first Our debt today is a staggering $22 at Google and Facebook. Your privacy woman from West Virginia, nor I could trillion. Now, think about this. When is important, and I believe you and I have been here in this Chamber speak- George Bush left office, that debt was have the right to send notes to our ing because women would not have at $10.7 trillion. It is $22 trillion today. friends without having the entire sto- been allowed. Yet our suffragists took For our children and for our grand- ries of our lives sold to the highest on- care of that with women getting the children, I think it is immoral to pass line bidder. right to vote. on this kind of debt. We are finishing our work on the I love this quote by Susan B. An- I am also here because I am pro-life, BROWSER Act. I introduced this when thony. I think it is so good and appro- and I will protect those who cannot I was in the House, and we are going to priate for us: ‘‘I declare to you that protect themselves. I will tell you it is introduce it here because I believe it is woman must not depend upon the pro- astounding to me that this body could imperative to give you the tools to pro- tection of man, but must be taught to not pass legislation that would protect tect yourselves online. I believe we protect herself, and there I take my babies who are born alive as a result of need one set of privacy rules for the en- stand.’’ botched abortions. It is a disgrace. Big tire internet ecosystem. This is what Women have always been fierce de- Abortion must be held accountable be- you call fairness. Our family has always believed we fenders of freedom and freedom’s cause. cause its actions are a stain on the have a responsibility to leave a place Many times people will say to me: Why moral fabric of our country. in better shape than we found it. It is, do you choose to serve? For me, it real- Just as I promised Tennesseans, I promise my colleagues that I am going more or less, our family mantra. ly is more or less a calling to public I will say that changing the rules of to work hard and will stand strong for service. In that calling, I find it impor- the Senate to allow for the confirma- what I believe in because I know I am tant to defeat the narrative that still tions of judges and to proceed on the working for freedom, free people, and exists to this day that conservative Executive Calendar are exactly the free markets. As Frederick Douglass women should be seen but not heard. right moves. You can call it the nu- Here in this Chamber and in my role, I said, ‘‘I would unite with anybody to do clear option or whatever you want to will continue to fight against a media right and with nobody to do wrong.’’ I call it. In the press, I have heard it that chooses to empower women on one invite all of my colleagues to join me called many things in the last few side of the political aisle and denigrate in protecting what I term to be the days, but obstruction tactics do abso- those of us on the other side of the ‘‘big five’’—faith, family, freedom, lutely nothing to leave this Chamber aisle. I am going to make certain that hope, and opportunity, especially free- or the country in better shape. Maybe conservative women do have a strong dom. it makes for good political rhetoric, voice in the Senate. Washington needs to be reminded of but our country deserves better. I am here because, throughout my just how precious the core value of I agree with Leader MCCONNELL. This history—my family’s history, as I have freedom is, not only for Tennesseans is a key way to help our Nation and our researched our history—there were so but for all Americans. Every commu- Chamber function fully and better. As many who chose to serve in the mili- nity and every church in Tennessee is a member of the Judiciary Committee, tary. There are others, like my family, filled with veterans and families who I am going to work to confirm those who have chosen to serve our commu- have sacrificed and who cherish that qualified judges who will respect and nities and our neighbors in our schools, hard-won gift of freedom. They talk uphold the Constitution. in our churches, and in community ac- about it regularly. They have parades. In January, it was an honor to be tivities. I regard my public service as a When the troops come home, they cele- sworn in by Justice Brett Kavanaugh civic duty and a way to give back to brate our freedom. In Tennessee, we and to join Senator ERNST as being the the country that has given me so many have 470,000 veterans who call Ten- first Republican women on the Judici- blessings. nessee home, and it is such an honor to ary Committee. Being the first woman What I have found from Tennesseans come to this body and stand with them ever elected to the Senate from Ten- is that many of them are just like me. because of the work they have done for nessee and being a conservative woman They have grown up in a rural area. us. are things that are not lost on me. In- They have worked hard, and they have I serve on the Armed Services and deed, conservative women have quite a built their version of the American Veterans’ Affairs Committees. We track record in leading the fight for dream. I am very typical of that. I know our military has to have the re- freedom in our Nation’s history. grew up on a farm, attended college, sources it needs to fight our 21st cen- At the top of that record is fighting married, had children, two grand- tury adversaries. Our veterans deserve and winning the right for women to children, and really appreciate the op- not only our thanks but the benefits vote. Next year, we are going to cele- portunities I have been given to work that have been offered to them. So, last brate the 100th anniversary of the rati- hard, to build a business, and to share month, I introduced the Gold Star fication of the 19th Amendment, grant- in the benefits of hard work. Family Fellowship Program Act. This ing women the right to vote. You may Politically, I fought the establish- will establish a fellowship for those not be aware, but Tennessee was the ment of both parties in Tennessee when Gold Star families in our Senate of- 36th and the decisive State to ratify I was in the State senate. There, thou- fices. I have also joined Senator this amendment. It was the suffragists sands of Tennesseans joined me in op- TESTER in the Hello Girls Congres- who fought and led that charge, and I posing a massive, job-killing State in- sional Gold Medal Act to honor our am honored to join so many of our fe- come tax. We won that fight. women soldiers from World War I. male colleagues in this Chamber in Ever since, I have been focused on I am here to make certain our Nation drafting legislation to honor that anni- fighting high taxes and fighting waste- is a nation of legal immigrants, not of versary. Indeed, I am going to provide ful spending because I know the money illegal immigrants. The chaos at the all of our colleagues the opportunity to we appropriate and that gets spent is border should embarrass each and cosponsor and participate in one of not Washington’s money; it is the tax- every one of us as it has been decades those bills that will have a commemo- payers’ hard-earned money. Govern- in the making. This crisis is something rative coin for the event.

VerDate Sep 11 2014 02:18 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.019 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2308 CONGRESSIONAL RECORD — SENATE April 9, 2019 Howard Baker—a great Tennessean only enabled by freedom, it enhances Mr. JONES. Madam President, I ask and the former majority leader of this freedom. unanimous consent that the order for body—once remarked about the nature Make no mistake, our technology the quorum call be rescinded. of the Senate: ‘‘[And] if we cannot be and our power are being challenged by The PRESIDING OFFICER. Without civil to one another, and if we stop all of our adversaries. Primary among objection, it is so ordered. dealing with those with whom we dis- them is Communist China, which is a DR. MARTIN LUTHER KING JR.’S LETTER FROM agree, or that we don’t like, we would threat to our country because it steals BIRMINGHAM JAIL soon stop functioning altogether.’’ our technology, our innovations, and in Mr. JONES. Madam President, I rise With that in mind, my time in the its unfair trading practices and mone- today to honor a great American, an Senate is going to be focused on action tary policy. We should all be united in American whose words lit a flame of and accomplishment—things that will taking on the Chinese. Our Ten- hope in the hearts of those souls who lead to positive change. nesseans talk to me regularly about had become weary with the weight of Many times, people have asked me: their concerns about some of the theft injustice, an American whose strug- What is one of your strengths? What do that takes place by China. We have gles, ideals—and, yes, his dreams—are you think helps you in the political other enemies as well—from Maduro in etched in the foundation of our Nation. process? Venezuela to the Ayatollahs in Iran, to On April 12, 1963, Dr. Martin Luther I have repeatedly said: I am a pretty Kim Jong Un in North Korea. We must King, Jr., was arrested in my home- good change agent. stand together as Americans if we are town of Birmingham, AL. His crime? That is something we need to do to to advance the cause of freedom. Leading a peaceful march to protest fully function and to serve our Nation. Tennesseans have been clear in what the indignity suffered by the Black Tennessee has constituencies across they want and in what they expect community in the Jim Crow era. He every sector of our Nation’s economy, from their U.S. Senator. They want had violated Birmingham public safety and they are wanting change. They somebody who is going to listen to commissioner ‘‘Bull’’ Connor’s ban on want fair and free markets, less regula- them and be concerned about the sto- public demonstrations, which targeted tion, less taxation, and less litigation. ries of their lives, not the DC story of the growing resistance of African Our industries are in agriculture, en- the day. Tennesseans are ready for bold Americans to the injustices they were ergy production, financial services, na- ideas on how the Federal Government suffering. tional security installations, veterans should spend their taxpayer dollars. While in solitary confinement in Bir- hospitals, world-class universities, They don’t want tweaks around the mingham, Dr. King wrote what became healthcare, manufacturing, tech- edges of bills; they want something known as the ‘‘Letter from Bir- nology, entertainment, and commu- bold. They are concerned about how we mingham Jail’’—a stinging response to nications. are going to fund the military. They a group of White clergy in Alabama In Tennessee, we are a logistics hub, are concerned about what we are going who had denounced his tactics and with great networks and intermodal fa- to do to further our presence in this questioned the wisdom and timing of cilities. As a member of the Senate land. his arrival in Birmingham. Commerce, Science, and Transpor- Tennesseans want a Senator who will They insisted that he was an outside tation Committee, I am going to work respect freedom and the rule of law. It agitator coming to Alabama to insti- with them to make certain that when is a beautiful and diverse State. It rep- gate trouble. Dr. King responded fa- the Federal Government shows up, it is resents the best of what this Nation mously: ‘‘Injustice anywhere is a there to be a help and not a hindrance. has to offer. Our history reflects a com- threat to justice everywhere.’’ Tennessee is a cultural leader and is mon set of values that are based on In his letter, he rejected the idea the Nation’s center for music, song- faith, family freedom, hope, and oppor- that African Americans should be more writing, and religion. The people want tunity, and I look forward to working patient for change in the face of the protection of the works they create with my colleagues to preserve these daily indignities inflicted by segrega- and of the sermons they preach. values and to fight back against those tion and in the face of violence and Tennesseans also tell me that as who would attempt to undermine threats and intimidation. He wrote: their Senator, they want me to be them. ‘‘There comes a time when the cup of aware they are concerned about the fu- I yield the floor. endurance runs over.’’ ture of the Nation. It is unimaginable The PRESIDING OFFICER (Mrs. While I did not experience this strug- to Tennesseans that nearly three dec- BLACKBURN). The majority leader. gle as a young child—a young White ades after the end of the Cold War, ORDER OF PROCEDURE child growing up in the nearby Bir- there is a debate in Washington about, Mr. MCCONNELL. Madam President, mingham suburb—I spent much of my are you for socialism or are you for I ask unanimous consent that all adult life and career as a lawyer and freedom? They cannot believe this is postcloture time on the Wyrick nomi- former U.S. attorney examining the happening. They want to make certain nation expire at 5:30, Tuesday, April 9; history and absorbing its lessons. I we are going to continue to push for- further, that if confirmed, the motion have often returned to Dr. King’s letter ward and protect this Nation and pro- to reconsider be considered made and to understand the forces at play at the tect our freedoms that we have. We laid upon the table and the President height of the civil rights struggle. Each will continue to do that and to push be immediately notified of the Senate’s time I read his words, I am in awe of back. action. I further ask unanimous con- his courage and resolve in the face of We have a lot of challenges we are sent that the mandatory quorum call such incredible personal risk. going to face. Tennesseans want to with respect to the Stanton nomina- While we have come so far and while make certain that we are going to be tion be waived; finally, that notwith- we have made great progress in loos- there to focus on prosperity and leader- standing the provisions of rule XXII, ening the binds of racial injustice that ship for future generations. This is the cloture motion on the Abizaid nom- have constrained and suffocated our going to require our paying attention ination be withdrawn and the Senate Nation for so many years, we have not to technology. My colleagues will find vote on his confirmation at a time to yet fully relieved the weight of our that I am going to work to push for 5G be determined by the majority leader, country’s abominable history of slav- and next-generation technologies for in consultation with the Democratic ery, segregation, and racial discrimina- both our commercial and military leader, on April 10, 2019. tion. space. The PRESIDING OFFICER. Without That is why I rise today. It is our Senator BALDWIN and I are intro- objection, it is so ordered. civic duty and I believe our moral obli- ducing bipartisan legislation to ad- Mr. MCCONNELL. Madam President, gation to remember Dr. King’s words vance rural broadband, and I have I suggest the absence of a quorum. and his deeds, to tell his story, to ap- joined Senators GARDNER and CORTEZ The PRESIDING OFFICER. The preciate that 1963 was not all that long MASTO on the ACCESS BROADBAND clerk will call the roll. ago, and to reflect on how many things Act to make resources available to The legislative clerk proceeded to have changed and how many have not. rural communities. Technology is not call the roll. Our obligation is to honor Dr. King’s

VerDate Sep 11 2014 02:18 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.021 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2309 legacy by joining him in envisioning outside into that crowd, and I heard a am sorry to say, fails to express a similar the mountaintop and working to make booming voice from a man who was concern for the conditions that brought real his famous dream that our Nation standing on the steps of the Lincoln about the demonstrations. I am sure that will rise up and live out the true mean- Memorial. I heard the words that he none of you would want to rest content with the superficial kind of social analysis that ing of the creed: ‘‘We hold these truths hoped his four little children one day deals merely with effects and does not grap- to be self-evident, that all men are cre- would ‘‘live in a nation where they will ple with underlying causes. It is unfortunate ated equal.’’ That is why we rise today. not be judged by the color of their that demonstrations are taking place in Bir- Dr. King saw an America that had skin.’’ I am not sure, at that time and mingham, but it is even more unfortunate the potential to live up to its lofty at that age, that I understood fully that the city’s white power structure left the ideals, where every man, woman, and what I was seeing and hearing, but I Negro community with no alternative. child had an equal opportunity to suc- was hearing Dr. King’s ‘‘I Have a In any nonviolent campaign there are four ceed and to live a life free from dis- Dream’’ speech. basic steps: collection of the facts to deter- In 1962, a year earlier, I was a senior mine whether injustices exist; negotiation; crimination. He saw the good in our self purification; and direct action. We have country when it would have been easier at Vanderbilt University in Nashville. gone through all these steps in Birmingham. for him to see the bad. It is that posi- It was not that long ago, but a lot has There can be no gainsaying the fact that ra- tive spirit and clarity of vision that changed since then. Vanderbilt, a pres- cial injustice engulfs this community. Bir- made his legacy so enduring. tigious institution, just in that year mingham is probably the most thoroughly Today, we will honor that legacy by was desegregating its undergraduate segregated city in the United States. Its ugly reading the letter from the Bir- school. I was a part of that effort. But record of brutality is widely known. Negroes mingham jail in its entirety in the even then, Black Americans couldn’t have experienced grossly unjust treatment in the courts. There have been more unsolved Senate Chamber. go to the same restaurants, stay at the same motels, or go to the same bath- bombings of Negro homes and churches in I am honored to be joined today by Birmingham than in any other city in the Martin Luther King III, who is in the rooms—even then, and it was not that nation. These are the hard, brutal facts of Gallery—the oldest son of Dr. King and long ago. the case. On the basis of these conditions, Coretta Scott King—as well as my old Four months before I heard Dr. King Negro leaders sought to negotiate with the friend Charles Steele, the president of speak in August of 1963, he wrote a let- city fathers. But the latter consistently re- the Southern Christian Leadership ter from the Birmingham jail on the fused to engage in good faith negotiation. Conference and a reverend. Together, 16th of April, 1963. This was Dr. King’s Dr. King’s letter continues: they are at the forefront of the modern letter: Then, last September, came the oppor- civil rights movement and personally My Dear Fellow Clergymen: tunity to talk with leaders of Birmingham’s While confined here in the Birmingham economic community. In the course of the carry on the legacy that Dr. King be- city jail, I came across your recent state- queathed us. negotiations, certain promises were made by ment calling my present activities ‘‘unwise the merchants—for example, to remove the I am also very grateful that several and untimely.’’ stores’ humiliating racial signs. On the basis of my colleagues on both sides of the Dr. King’s letter went on to say: of these promises, the Reverend Fred political aisle will stand with me to I think I should indicate why I am here in Shuttlesworth and the leaders of the Ala- read portions of the letter today. I Birmingham, since you have been influenced bama Christian Movement for Human Rights want to thank Senators LAMAR ALEX- by the view which argues against ‘‘outsiders agreed to a moratorium on all demonstra- ANDER of Tennessee, TED CRUZ of coming in.’’ I have the honor of serving as tions. As the weeks and months went by, we Texas, KAMALA HARRIS of California, president of the Southern Christian Leader- realized that we were the victims of a broken promise. A few signs, briefly removed, re- TIM KAINE of Virginia, and LISA MUR- ship Conference, an organization operating in every southern state, with headquarters turned; the others remained. As the weeks KOWSKI of Alaska for participating in and months went by, we realized that we this historic reading today. in Atlanta, Georgia. We have some eighty five affiliated organizations across the were the victims of a broken promise. A few I urge the rest of our colleagues, any- South, and one of them is the Alabama signs, briefly removed, returned; the others one in the Gallery, and anyone watch- Christian Movement for Human Rights. Fre- remained. As in so many past experiences, ing at home on television to consider quently we share staff, educational and fi- our hopes had been blasted, and the shadow what we might still learn today from nancial resources with our affiliates. Several of deep disappointment settled upon us. We this powerful message about justice months ago the affiliate here in Birmingham had no alternative except to prepare for di- and freedom from oppression and the asked us to be on call to engage in a non- rect action, whereby we would present our indifference of people who stand idly violent direct action program if such were very bodies as a means of laying our case be- fore the conscience of the local and the na- by when their fellow Americans are deemed necessary. We readily consented, and when the hour came we lived up to our prom- tional community. Mindful of the difficulties persecuted. ise. So I, along with several members of my involved, we decided to undertake a process To begin the reading of the letter, I staff, am here because I was invited here. I of self purification. We began a series of would like to yield to my colleague am here because I have organizational ties workshops on nonviolence, and we repeat- from Tennessee, my friend Senator here. edly asked ourselves: ‘‘Are you able to ac- ALEXANDER. But more basically, I am in Birmingham cept blows without retaliating?’’ ‘‘Are you The PRESIDING OFFICER. The Sen- because injustice is here. Just as the proph- able to endure the ordeal of jail?’’ ator from Tennessee. ets of the eighth century B.C. left their vil- Dr. King’s letter continues: Mr. ALEXANDER. Madam President, lages and carried their ‘‘thus saith the Lord’’ We decided to schedule our direct action I thank the Senator from Alabama for far beyond the boundaries of their home program for the Easter season, realizing that towns, and just as the Apostle Paul left his including me today in the reading of except for Christmas, this is the main shop- village of Tarsus and carried the gospel of ping period of the year. Knowing that a Dr. King’s letter from the Birmingham Jesus Christ to the far corners of the Greco jail. strong economic-withdrawal program would Roman world, so am I compelled to carry the be the by product of direct action, we felt Senator JONES has standing to do gospel of freedom beyond my own home that this would be the best time to bring this not just because he is from Ala- town. Like Paul, I must constantly respond pressure to bear on the merchants for the bama but because of his work as a U.S. to the Macedonian call for aid. needed change. attorney prosecuting Klansmen who Moreover, I am cognizant of the interrelat- Then it occurred to us that Birmingham’s edness of all communities and states. I can- mayoral election was coming up in March, blew up a church on 16th Street in Bir- not sit idly by in Atlanta and not be con- mingham, killing children. and we speedily decided to postpone action cerned about what happens in Birmingham. until after election day. When we discovered Senator JONES said that all of this Injustice anywhere is a threat to justice ev- was not too long ago. It was not too that the Commissioner of Public Safety, Eu- erywhere. We are caught in an inescapable gene ‘‘Bull’’ Connor, had piled up enough long ago for me. I remember a day—on network of mutuality, tied in a single gar- votes to be in the run off, we decided again August 28, 1963. I was a student at that ment of destiny. Whatever affects one di- to postpone action until the day after the time at New York University School of rectly, affects all indirectly. Never again can run off so that the demonstrations could not Law with an internship in the U.S. De- we afford to live with the narrow, provincial be used to cloud the issues. partment of Justice. It was a hot sum- ‘‘outside agitator’’ idea. Anyone who lives inside the United States can never be consid- Dr. King continued: mer day, and the streets were filled ered an outsider anywhere within its bounds. Like many others, we waited to see Mr. with the March on Washington. It was You deplore the demonstrations taking Connor defeated, and to this end we endured about lunchtime, I believe, that I went place in Birmingham. But your statement, I postponement after postponement. Having

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.025 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2310 CONGRESSIONAL RECORD — SENATE April 9, 2019 aided in this community need, we felt that We have waited for more than 340 years for it in the terms of St. Thomas Aquinas: An our direct action program could be delayed our constitutional and God given rights. The unjust law is a human law that is not rooted no longer. nations of Asia and Africa are moving with in eternal law and natural law. Any law that Madam President, I yield the floor to jetlike speed toward gaining political inde- uplifts human personality is just. Any law that degrades human personality is unjust. the Senator from California, Ms. HAR- pendence, but we still creep at horse and buggy pace toward gaining a cup of coffee at All segregation statutes are unjust because RIS. segregation distorts the soul and damages Ms. HARRIS. I thank the Senator a lunch counter. Perhaps it is easy for those who have never felt the stinging darts of seg- the personality. It gives the segregator a from Tennessee. regation to say, ‘‘Wait.’’ But when you have false sense of superiority and the segregated Dr. King continues: seen vicious mobs lynch your mothers and a false sense of inferiority. Segregation, to You may well ask: ‘‘Why direct action? fathers at will and drown your sisters and use the terminology of the Jewish philoso- Why sit ins, marches and so forth? Isn’t ne- brothers at whim; when you have seen hate pher Martin Buber, substitutes an ‘‘I it’’ re- gotiation a better path?’’ You are quite right filled policemen curse, kick and even kill lationship for an ‘‘I thou’’ relationship and in calling for negotiation. Indeed, this is the your black brothers and sisters; when you ends up relegating persons to the status of very purpose of direct action. Nonviolent di- see the vast majority of your twenty million things. Hence segregation is not only politi- rect action seeks to create such a crisis and Negro brothers smothering in an airtight cally, economically and sociologically un- foster such a tension that a community cage of poverty in the midst of an affluent sound, it is morally wrong and sinful. Paul which has constantly refused to negotiate is society; when you suddenly find your tongue Tillich has said that sin is separation. Is not segregation an existential expression of forced to confront the issue. It seeks so to twisted and your speech stammering as you man’s tragic separation, his awful estrange- dramatize the issue that it can no longer be seek to explain to your six year old daughter ment, his terrible sinfulness? Thus it is that ignored. My citing the creation of tension as why she can’t go to the public amusement I can urge men to obey the 1954 decision of part of the work of the nonviolent resister park that has just been advertised on tele- may sound rather shocking. But I must con- the Supreme Court, for it is morally right; vision, and see tears welling up in her eyes and I can urge them to disobey segregation fess that I am not afraid of the word ‘‘ten- when she is told that Funtown is closed to sion.’’ I have earnestly opposed violent ten- ordinances, for they are morally wrong. colored children, and see ominous clouds of Let us consider a more concrete example of sion, but there is a type of constructive, non- inferiority beginning to form in her little violent tension which is necessary for just and unjust laws. An unjust law is a code mental sky, and see her beginning to distort that a numerical or power majority group growth. Just as Socrates felt that it was nec- her personality by developing an uncon- essary to create a tension in the mind so compels a minority group to obey but does scious bitterness toward white people; when that individuals could rise from the bondage not make binding on itself. This is difference you have to concoct an answer for a five year of myths and half truths to the unfettered made legal. By the same token, a just law is old son who is asking: ‘‘Daddy, why do white realm of creative analysis and objective ap- a [law] that a majority compels a minority people treat colored people so mean?’’; when praisal, so must we see the need for non- to follow and that it is willing to follow you take a cross county drive and find it violent gadflies to create the kind of tension itself. This is sameness made legal. Let me necessary to sleep night after night in the in society that will help men rise from the give another explanation. A law is unjust if uncomfortable corners of your automobile dark depths of prejudice and racism to the it is inflicted on a minority that, as a result because no motel will accept you; when you majestic heights of understanding and broth- of being denied the right to vote, had no part are humiliated day in and day out by nag- erhood. The purpose of our direct action pro- in enacting or devising the law. Who can say ging signs reading ‘‘white’’ and ‘‘colored’’; gram is to create a situation so crisis packed that the legislature of Alabama which set up when your first name becomes ‘‘nigger,’’ that it will inevitably open the door to nego- that state’s segregation laws was democrat- your middle name becomes ‘‘boy’’ (however tiation. I therefore concur with you in your ically elected? Throughout Alabama all sorts old you are) and your last name becomes call for negotiation. Too long has our be- of devious methods are used to prevent Ne- ‘‘John,’’ and your wife and mother are never loved Southland been bogged down in a trag- groes from becoming registered voters, and given the respected title ‘‘Mrs.’’; when you ic effort to live in monologue rather than there are some counties in which, even are harried by day and haunted by night by dialogue. though Negroes constitute a majority of the One of the basic points in your statement the fact that you are a Negro, living con- population, not a single Negro is registered. is that the action that I and my associates stantly at tiptoe stance, never quite know- Can any law enacted under such cir- have taken in Birmingham is untimely. ing what to expect next, and are plagued cumstances be considered democratically Some have asked: ‘‘Why didn’t you give the with inner fears and outer resentments; structured? new city administration time to act?’’ The when you are forever fighting a degenerating Sometimes a law is just on its face and un- only answer that I can give to this query is sense of ‘‘nobodiness’’—then you will under- just in its application. For instance, I have that the new Birmingham administration stand why [I] find it difficult to wait. been arrested on a charge of parading with- must be prodded about as much as the out- I would now like to yield to my col- out a permit. Now, there is nothing wrong in having an ordinance which requires a permit going one, before it will act. We are sadly league Senator CRUZ from Texas. mistaken if we feel that the election of Al- for a parade. But such an ordinance becomes The PRESIDING OFFICER. The Sen- unjust when it is used to maintain segrega- bert Boutwell as mayor will bring the mil- ator from Texas. lennium to Birmingham. While Mr. Boutwell tion and to deny citizens the First Amend- Mr. CRUZ. Madam President, Dr. ment privilege of peaceful assembly and pro- is a much more gentle person than Mr. Con- test. nor, they are both segregationists, dedicated King’s profoundly just and moral letter from the Birmingham jail continued: I hope you are able to see the distinction I to maintenance of the status quo. I have am trying to point out. In no sense do I advo- There comes a time when the cup of endur- hope that Mr. Boutwell will be reasonable cate evading or defying the law, as would the ance runs over, and men are no longer will- enough to see the futility of massive resist- rabid segregationist. That would lead to an- ing to be plunged into the abyss of despair. ance to desegregation. But he will not see archy. One who breaks an unjust law must I hope, sirs, you can understand our legiti- this without pressure from devotees of civil do so openly, lovingly, and with a willing- mate and unavoidable impatience. You ex- rights. My friends, I must say to you that we ness to accept the penalty. I submit that an have not made a single gain in civil rights press a great deal of anxiety over our will- individual who breaks the law that con- without determined legal and nonviolent ingness to break laws. This is certainly a le- science tells him is unjust, and who willingly pressure. Lamentably, it is an historical fact gitimate concern. Since we so diligently accepts the penalty of imprisonment in order that privileged groups seldom give up their urge people to obey the Supreme Court’s de- to arouse the conscience of the community privileges voluntarily. Individuals may see cision of 1954 outlawing segregation in the over its injustice, is in reality expressing the the moral light and voluntarily give up their public schools, at first glance it may seem highest respect for law. unjust posture; but, as Reinhold Niebuhr has rather paradoxical for us consciously to Of course, there is nothing new about this reminded us, groups tend to be more im- break laws. One may well ask: ‘‘How can you kind of civil disobedience. It was evidenced moral than individuals. advocate breaking some laws and obeying sublimely in the refusal of Shadrach, We know through painful experience that others?’’ The answer lies in the fact that Meshach, and Abednego to obey the laws of freedom is never voluntarily given by the op- there are two types of laws: Just and unjust. Nebuchadnezzar, on the ground that a higher pressor; it must be demanded by the op- I would be the first to advocate obeying just moral law was at stake. It was practiced su- pressed. Frankly, I have yet to engage in a laws. One has not only a legal but a moral perbly by the early Christians, who were direct action campaign that was ‘‘well responsibility to obey just laws. Conversely, willing to face hungry lions and the excru- timed’’ in the view of those who have not one has a moral responsibility to disobey un- ciating pain of chopping blocks rather than suffered unduly from the disease of segrega- just laws. I would agree with St. Augustine submit to certain unjust laws of the Roman tion. For years now I have heard the word that ‘‘an unjust law is no law at all.’’ Empire. To a degree, academic freedom is a ‘‘Wait!’’ It rings in the ear of every Negro Now, what is the difference between the reality today because Socrates practiced with piercing familiarity. This ‘‘Wait’’ has two? How does one determine whether a law civil disobedience. In our own nation, the almost always meant ‘‘Never.’’ We must is just or unjust? A just law is a man made Boston Tea Party represented a massive act come to see, with one of our distinguished code that squares with the moral law or the of civil disobedience. jurists, that ‘‘justice too long delayed is jus- law of God. An unjust law is a code that is We should never forget that everything tice denied.’’ out of harmony with the moral law. To put Adolf Hitler did in Germany was ‘‘legal’’ and

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.027 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2311 everything that the Hungarian freedom cease his efforts to gain his basic constitu- that would inevitably lead to a frightening fighters did in Hungary was ‘‘illegal.’’ It was tional rights because the quest may precipi- racial nightmare. ‘‘illegal’’ to aid and comfort a Jew in Hitler’s tate violence. Society must protect the Oppressed people cannot remain oppressed Germany. Even so, I am sure that, had I robbed and punish the robber. I had also forever. The yearning for freedom eventually lived in Germany at the time, I would have hoped that the white moderate would reject manifests itself, and that is what has hap- aided and comforted my Jewish brothers. If the myth concerning time in relation to the pened to the American Negro. Something today I lived in a Communist country where struggle for freedom. I have just received a within has reminded him of his birthright of certain principles dear to the Christian faith letter from a white brother in Texas. He freedom, and something without has re- are suppressed, I would openly advocate dis- writes: ‘‘All Christians know that the col- minded him that it can be gained. Con- obeying that country’s antireligious laws. ored people will receive equal rights eventu- sciously or unconsciously, he has been I must make two honest confessions to ally, but it is possible that you are in too caught up by the Zeitgeist, and with his you, my Christian and Jewish brothers. great a religious hurry. It has taken Christi- black brothers of Africa and his brown and First, I must confess that over the past few anity almost two thousand years to accom- yellow brothers of Asia, South America and years I have been gravely disappointed with plish what it has. The teachings of Christ the Caribbean, the United States Negro is the white moderate. I have almost reached take time to come to earth.’’ Such an atti- moving with a sense of great urgency toward the regrettable conclusion that the Negro’s tude stems from a tragic misconception of the promised land of racial justice. If one great stumbling block in his stride toward time, from the strangely irrational notion recognizes this vital urge that has engulfed freedom is not the White Citizen’s Counciler that there is something in the very flow of the Negro community, one should readily or the Ku Klux Klanner, but the white mod- time that will inevitably cure all ills. Actu- understand why public demonstrations are erate, who is more devoted to ‘‘order’’ than ally, time itself is neutral; it can be used ei- taking place. The Negro has many pent up to justice; who prefers a negative peace ther destructively or constructively. More resentments and latent frustrations, and he which is the absence of tension to a positive and more I feel that the people of ill will must release them. So let him march; let peace which is the presence of justice; who have used time much more effectively than him make prayer pilgrimages to the city constantly says: ‘‘I agree with you in the have the people of good will. We will have to hall; let him go on freedom rides—and try to goal you seek, but I cannot agree with your repent in this generation not merely for the understand why he must do so. If his re- methods of direct action’’; who hateful words and actions of the bad people pressed emotions are not released in non- paternalistically believes he can set the but for the appalling silence of the good peo- violent ways, they will seek expression timetable for another man’s freedom; who ple. Human progress never rolls in on wheels through violence; this is not a threat but a lives by a mythical concept of time and who of inevitability; it comes through the tire- fact of history. constantly advises the Negro to wait for a less efforts of men willing to be coworkers So I have not said to my people, ‘‘Get rid ‘‘more convenient season.’’ Shallow under- with God, and without this hard work, time of your discontent.’’ Rather, I have tried to standing from people of goodwill is more itself becomes an ally of the forces of social say that this normal and healthy discontent frustrating than absolute misunderstanding stagnation. We must use time creatively, in can be channeled through into the creative from people of ill will. Lukewarm acceptance the knowledge that the time is always ripe outlet of nonviolent direct action. And now is much more bewildering than outright re- to do right. Now is the time to make real the this approach is being termed extremist. But jection. promise of democracy and transform our though I was initially disappointed at being I had hoped that the white moderate would pending national elegy into a creative psalm categorized as an extremist, as I continued understand that law and order exist for the of brotherhood. Now is the time to lift our to think about the matter I gradually gained purpose of establishing justice and that when national policy from the quicksand of racial a measure of satisfaction from the label. Was they fail in this purpose they become the injustice to the solid rock of human dignity. not Jesus an extremist for love: ‘‘Love your You speak of our activity in Birmingham dangerously structured dams that block the enemies, bless them that curse you, do good as extreme. At first I was rather dis- flow of social progress. I had hoped that the to them that hate you, and pray for them appointed that fellow clergymen would see which despitefully use you, and persecute white moderate would understand that the my nonviolent efforts as those of an extrem- present tension in the South is a necessary you.’’ Was not Amos an extremist for justice: ist. I began thinking about the fact that I ‘‘Let justice roll down like waters and right- phase of the transition from an obnoxious stand in the middle of two opposing forces in negative peace, in which the Negro passively eousness like an ever flowing stream.’’ Was the Negro community. One is a force of com- not Paul an extremist for the Christian gos- accepted his unjust plight, to a substantive placency, made up in part of Negroes who, as and positive peace, in which all men will re- pel: ‘‘I bear in my body the marks of the a result of long years of oppression, are so Lord Jesus.’’ Was not Martin Luther an ex- spect the dignity and worth of human per- drained of self respect in the sense of sonality. Actually, we who engage in non- tremist: ‘‘Here I stand; I cannot do other- ‘‘somebodiness’’ that they have adjusted to wise, so help me God.’’ And John Bunyan: ‘‘I violent direct action are not the creators of segregation; and in part of a few middle-class tension. We merely bring to the surface the will stay in jail to the end of my days before Negroes who, because of a degree of aca- I make a butchery of my conscience.’’ And hidden tension that is already alive. We demic and economic security and because in bring it out in the open, where it can be seen Abraham Lincoln: ‘‘This nation cannot sur- some ways they profit by segregation, have vive half slave and half free.’’ And Thomas and dealt with. Like a boil that can never be become insensitive to the problems of the cured so long as it is covered up but must be Jefferson: ‘‘We hold these truths to be self masses. The other force is one of bitterness evident, that all men are created equal . . .’’ opened with all its ugliness for the natural and hatred, and it comes perilously close to medicines of air and light, injustice must be So the question is not whether we will be ex- advocating violence. It is expressed in the tremists, but what kind of extremists we will exposed, with all the tension its exposure various black nationalist groups that are creates, to the light of human conscience be. Will we be extremists for hate or for springing up across the nation, the largest love? Will we be extremists for the preserva- and the air of national opinion before it can and best known being Elijah Muhammad’s be cured. tion of injustice or for the extension of jus- Muslim movement. Nourished by the Negro’s tice? In that dramatic scene on Calvary’s hill Madam President, I yield to the Sen- frustration over the continued existence of three men were crucified. We must never for- ator from Virginia. racial discrimination, this movement is get that all three were crucified for the same The PRESIDING OFFICER. The Sen- made up of people who have lost faith in crime—the crime of extremism. Two were ator from Virginia. America, who have absolutely repudiated extremists for immorality, and thus fell Mr. KAINE. I thank the Senator from Christianity, and who have concluded that below their environment. The other, Jesus the white man is an incorrigible ‘‘devil.’’ Christ, was an extremist for love, truth and Texas. I have tried to stand between these two Continuing: goodness, and thereby rose above his envi- forces, saying that we need emulate neither ronment. Perhaps the South, the nation and In your statement you assert that our ac- the ‘‘do nothingism’’ of the complacent nor the world are in dire need of creative ex- tions, even though peaceful, must be con- the hatred and despair of the black nation- tremists. demned because they precipitate violence. alist. For there is the more excellent way of But is this a logical assertion? Isn’t this like love and nonviolent protest. I am grateful to I yield to the Senator from Alaska. condemning a robbed man because his pos- God that, through the influence of the Negro The PRESIDING OFFICER (Mr. CAS- session of money precipitated the evil act of church, the way of nonviolence became an SIDY). The Senator from Alaska. robbery? Isn’t this like condemning Socrates integral part of our struggle. If this philos- Ms. MURKOWSKI. He continues: because his unswerving commitment to ophy had not emerged, by now many streets I had hoped that the white moderate would truth and his philosophical inquiries precip- of the South would, I am convinced, be flow- see this need. Perhaps I was too optimistic; itated the act by the misguided populace in ing with blood. And I am further convinced perhaps I expected too much. I suppose I which they made him drink hemlock? Isn’t that if our white brothers dismiss as ‘‘rabble should have realized that few members of the this like condemning Jesus because his rousers’’ and ‘‘outside agitators’’ those of us oppressor race can understand the deep unique God consciousness and never ceasing who employ nonviolent direct action, and if groans and passionate yearnings of the op- devotion to God’s will precipitated the evil they refuse to support our nonviolent efforts, pressed race, and still fewer have the vision act of crucifixion? We must come to see that, millions of Negroes will, out of frustration to see that injustice must be rooted out by as the federal courts have consistently af- and despair, seek solace and security in strong, persistent and determined action. I firmed, it is wrong to urge an individual to black nationalist ideologies—a development am thankful, however, that some of our

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.029 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2312 CONGRESSIONAL RECORD — SENATE April 9, 2019 white brothers in the South have grasped the religious education buildings. Over and over have lost the support of their bishops and meaning of this social revolution and com- I have found myself asking: ‘‘What kind of fellow ministers. But they have acted in the mitted themselves to it. They are still all people worship here? Who is their God? faith that right defeated is stronger than too few in quantity, but they are big in qual- Where were their voices when the lips of evil triumphant. Their witness has been the ity. Some—such as Ralph McGill, Lillian Governor Barnett dripped with words of spiritual salt that has preserved the true Smith, Harry Golden, James McBride Dabbs, interposition and nullification? Where were meaning of the gospel in these troubled Ann Braden and Sarah Patton Boyle—have they when Governor Wallace gave a clarion times. written about our struggle in eloquent and call for defiance and hatred? Where were They have carved a tunnel of hope through prophetic terms. Others have marched with their voices of support when bruised and the dark mountain of disappointment. I hope us down nameless streets of the South. They weary Negro men and women decided to rise the church as a whole will meet the chal- have languished in filthy, roach infested from the dark dungeons of complacency to lenge of this decisive hour. But even if the jails, suffering the abuse and brutality of po- the bright hills of creative protest?’’ church does not come to the aid of justice, I licemen who view them as ‘‘dirty nigger- Yes, these questions are still in my mind. have no despair about the future. I have no lovers.’’ Unlike so many of their moderate In deep disappointment I have wept over the fear about the outcome of our struggle in brothers and sisters, they have recognized laxity of the church. But be assured that my Birmingham, even if our motives are at the urgency of the moment and sensed the tears have been tears of love. There can be present misunderstood. We will reach the need for powerful ‘‘action’’ antidotes to com- no deep disappointment where there is not goal of freedom in Birmingham and all over bat the disease of segregation. Let me take deep love. Yes, I love the church. How could the nation, because the goal of America is note of my other major disappointment. I I do otherwise? I am in the rather unique po- freedom. Abused and scorned though we may have been so greatly disappointed with the sition of being the son, the grandson and the be, our destiny is tied up with America’s des- white church and its leadership. Of course, great grandson of preachers. Yes, I see the tiny. Before the pilgrims landed at Plym- there are some notable exceptions. I am not church as the body of Christ. But, oh! How outh, we were here. Before the pen of Jeffer- unmindful of the fact that each of you has we have blemished and scarred that body son etched the majestic words of the Dec- taken some significant stands on this issue. through social neglect and through fear of laration of Independence across the pages of I commend you, Reverend Stallings, for your being nonconformists. history, we were here. For more than two Christian stand on this past Sunday, in wel- There was a time when the church was centuries our forebears labored in this coun- coming Negroes to your worship service on a very powerful—in the time when the early try without wages; they made cotton king; nonsegregated basis. I commend the Catholic Christians rejoiced at being deemed worthy they built the homes of their masters while leaders of this state for integrating Spring to suffer for what they believed. In those suffering gross injustice and shameful humil- Hill College several years ago. days the church was not merely a thermom- iation—and yet out of a bottomless vitality But despite these notable exceptions, I eter that recorded the ideas and principles of they continued to thrive and develop. If the must honestly reiterate that I have been dis- popular opinion; it was a thermostat that inexpressible cruelties of slavery could not appointed with the church. I do not say this transformed the mores of society. Whenever stop us, the opposition we now face will sure- as one of those negative critics who can al- the early Christians entered a town, the peo- ly fail. We will win our freedom because the ways find something wrong with the church. ple in power became disturbed and imme- sacred heritage of our nation and the eternal I say this as a minister of the gospel, who diately sought to convict the Christians for will of God are embodied in our echoing de- loves the church; who was nurtured in its being ‘‘disturbers of the peace’’ and ‘‘outside mands. Before closing I feel impelled to men- bosom; who has been sustained by its spir- agitators.’’ But the Christians pressed on, in tion one other point in your statement that itual blessings and who will remain true to it the conviction that they were ‘‘a colony of has troubled me profoundly. You warmly as long as the cord of life shall lengthen. heaven,’’ called to obey God rather than commended the Birmingham police force for When I was suddenly catapulted into the man. Small in number, they were big in com- keeping ‘‘order’’ and ‘‘preventing violence.’’ I leadership of the bus protest in Montgomery, mitment. They were too God-intoxicated to doubt that you would have so warmly com- Alabama, a few years ago, I felt we would be be ‘‘astronomically intimidated.’’ By their mended the police force if you had seen its supported by the white church. I felt that effort and example they brought an end to dogs sinking their teeth into unarmed, non- the white ministers, priests and rabbis of the such ancient evils as infanticide and glad- violent Negroes. I doubt that you would so South would be among our strongest allies. iatorial contests. Things are different now. quickly commend the policemen if you were Instead, some have been outright opponents, So often the contemporary church is a weak, to observe their ugly and inhumane treat- refusing to understand the freedom move- ineffectual voice with an uncertain sound. So ment of Negroes here in the city jail; if you ment and misrepresenting its leaders; all too often it is an archdefender of the status quo. were to watch them push and curse old many others have been more cautious than Far from being disturbed by the presence of Negro women and young Negro girls; if you courageous and have remained silent behind the church, the power structure of the aver- were to see them slap and kick old Negro the anesthetizing security of stained glass age community is consoled by the church’s men and young boys; if you were to observe windows. In spite of my shattered dreams, I silent—and often even vocal—sanction of them, as they did on two occasions, refuse to came to Birmingham with the hope that the things as they are. give us food because we wanted to sing our white religious leadership of this community But the judgment of God is upon the grace together. I cannot join you in your would see the justice of our cause and, with church as never before. If today’s church praise of the Birmingham police department. deep moral concern, would serve as the chan- does not recapture the sacrificial spirit of It is true that the police have exercised a nel through which our just grievances could the early church, it will lose its authen- degree of discipline in handling the dem- reach the power structure. I had hoped that ticity, forfeit the loyalty of millions, and be onstrators. In this sense they have con- each of you would understand. But again I dismissed as an irrelevant social club with ducted themselves rather ‘‘nonviolently’’ in have been disappointed. no meaning for the twentieth century. Every public. But for what purpose? To preserve I have heard numerous southern religious day I meet young people whose disappoint- the evil system of segregation. Over the past leaders admonish their worshipers to comply ment with the church has turned into out- few years I have consistently preached that with a desegregation decision because it is right disgust. nonviolence demands that the means we use the law, but I have longed to hear white min- Perhaps I have once again been too opti- must be as pure as the ends we seek. I have isters declare: ‘‘Follow this decree because mistic. Is organized religion too inextricably tried to make clear that it is wrong to use integration is morally right and because the bound to the status quo to save our nation immoral means to attain moral ends. But Negro is your brother.’’ In the midst of bla- and the world? Perhaps I must turn my faith now I must affirm that it is just as wrong, or tant injustices inflicted upon the Negro, I to the inner spiritual church, the church perhaps even more so, to use moral means to have watched white churchmen stand on the within the church, as the true ekklesia and preserve immoral ends. Perhaps Mr. Connor sideline and mouth pious irrelevancies and the hope of the world. But again I am thank- and his policemen have been rather non- sanctimonious trivialities. In the midst of a ful to God that some noble souls from the violent in public, as was Chief Pritchett in mighty struggle to rid our nation of racial ranks of organized religion have broken Albany, Georgia, but they have used the and economic injustice, I have heard many loose from the paralyzing chains of con- moral means of nonviolence to maintain the ministers say: ‘‘Those are social issues, with formity and joined us as active partners in immoral end of racial injustice. As T. S. which the gospel has no real concern.’’ And I the struggle for freedom. They have left Eliot has said: ‘‘The last temptation is the have watched many churches commit them- their secure congregations and walked the greatest treason: To do the right deed for the selves to a completely other worldly religion streets of Albany, Georgia, with us. They wrong reason.’’ which makes a strange, un-Biblical distinc- have gone down the highways of the South I wish you had commended the Negro sit tion between body and soul, between the sa- on tortuous rides for freedom. inners and demonstrators of Birmingham for cred and the secular. Mr. President, I yield to my friend their sublime courage, their willingness to I have traveled the length and breadth of suffer and their amazing discipline in the Alabama, Mississippi and all the other from Alabama and thank him for his midst of great provocation. One day the southern states. On sweltering summer days leadership. South will recognize its real heroes. They and crisp autumn mornings I have looked at Mr. JONES. Mr. President, Dr. King will be the James Merediths, with the noble the South’s beautiful churches with their continues: sense of purpose that enables them to face lofty spires pointing heavenward. I have be- Yes, they have gone to jail with us. Some jeering and hostile mobs, and with the ago- held the impressive outlines of her massive have been dismissed from their churches, nizing loneliness that characterizes the life

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.031 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2313 of the pioneer. They will be old, oppressed, Birmingham planted a bomb outside proudly of their service to their coun- battered Negro women, symbolized in a sev- the ladies’ lounge of the 16th Street try. They rarely drew attention or enty two year old woman in Montgomery, Baptist Church, and it killed four inno- talked much about their own courage. Alabama, who rose up with a sense of dignity cent young African-American girls. They sought no recognition but, oh, and with her people decided not to ride the A year later, though, Congress passed segregated buses, and who responded with how they earned it. ungrammatical profundity to one who in- the Civil Rights Act of 1964. The year It was an honor to help award the quired about her weariness: ‘‘My feets is after that, it passed the Voting Rights Congressional Gold Medal to the Doo- tired, but my soul is at rest.’’ They will be Act of 1965. Historic changes were little Raiders in Washington 4 years the young high school and college students, afoot. Yet, despite this incredible his- ago—a long time in coming and so de- the young ministers of the gospel and a host toric progress—or perhaps because of served. I believe, at that time, there of their elders, courageously and non- it—in April 1968, Dr. Martin Luther were five Doolittle Raiders left, and violently sitting in at lunch counters and King, Jr., was assassinated in Mem- after the death of Mr. COLE, there are willingly going to jail for conscience’ sake. phis, TN. He was just 39 years old. He none today. One day the South will know that when gave his life for this cause. He gave his these disinherited children of God sat down I am so glad that Dick Cole was able at lunch counters, they were in reality life in a struggle during which so many to live to receive that medal, as were a standing up for what is best in the American gave their lives. handful of others. These men are no dream and for the most sacred values in our We have to remember this is not an- longer with us, so it is all the more im- Judeo Christian heritage, thereby bringing cient history. We know that we still portant that we continue to tell their our nation back to those great wells of de- have our challenges albeit in a world story. My heart goes out to the fami- mocracy which were dug deep by the found- that has, no doubt, benefited tremen- lies and friends of Lieutenant Colonel ing fathers in their formulation of the Con- dously from the progress he achieved, Cole and to those of all the Raiders. I stitution and the Declaration of Independ- but it is still a work in progress. It will ence. thank the Doolittle Tokyo Raiders As- always be a work in progress. sociation for keeping that memory Never before have I written so long a let- If we truly believe in carrying on his ter. I’m afraid it is much too long to take alive. your precious time. I can assure you that it legacy, we must recognize that we can- NOMINATION OF CHERYL MARIE STANTON would have been much shorter if I had been not stand idly by when we see injustice Madam President, President Trump writing from a comfortable desk, but what and that we cannot stand idly by when has made big promises to workers in else can one do when he is alone in a narrow we see a reemergence of hateful rhet- Alaska and Ohio and across the coun- jail cell, other than write long letters, think oric in our public discourse. We have try. He has promised workers every- long thoughts, and pray long prayers? seen it before. We have seen it before in If I have said anything in this letter that where that he will put American work- Birmingham and elsewhere. We have ers first. Yet we know in Lordstown overstates the truth and indicates an unrea- seen before the devastating violence sonable impatience, I beg you to forgive me. and from his court appointments, that can follow, and it lives with us If I have said anything that understates the which have put a thumb on the scale of today. It lives with us today in trage- truth and indicates my having a patience justice as they have chosen corpora- dies like those of Charleston, Char- that allows me to settle for anything less tions over workers, that he has be- lottesville, Pittsburgh, and now New than brotherhood, I beg God to forgive me. trayed those workers. The people he I hope this letter finds you strong in the Zealand. faith. I also hope that circumstances will We need to strive not just for civility has put in charge haven’t looked out soon make it possible for me to meet each of but to make sure we live in a country for workers. Over and over again, they you, not as an integrationist or a civil-rights that does not hold each other in con- have put their thumbs on the scale for leader but as a fellow clergymen and a Chris- tempt. That bears repeating. We talk a corporations. His Cabinet, frankly, tian brother. Let us all hope that the dark lot in this Chamber about civility and looks like a retreat for Wall Street. clouds of racial prejudice will soon pass away His latest nominee for the Depart- and the deep fog of misunderstanding will be respect and dignity, but the fact is, when we leave this Chamber and go out ment of Labor is more of the same, an- lifted from our fear drenched communities, other nominee who puts corporations and in some not too distant tomorrow the ra- into the world, people will hold each diant stars of love and brotherhood will other in contempt more so than is just over workers. Cheryl Stanton is nomi- shine over our great nation with all their public discourse. That has to change, nated to be Administrator of the Wage scintillating beauty. ladies and gentlemen. It has to change. and Hour Division. This is not an especially well-known Yours for the cause of Peace and Brother- Importantly, we—each of us—should hood, Agency to most Americans, but it is a MARTIN LUTHER KING, JR. continue to do our part to ensure that the art of the moral universe continues critical job for all American workers. Mr. President, I am struck by a for- to bend toward justice. The Administrator is the person in tuitous phrase in the closing of this re- I thank my colleagues who joined me charge of enforcing overtime rules, the markable letter: ‘‘One day the South this evening for this historic event. It minimum wage, child labor, and the will recognize its real heroes.’’ has been an honor and a privilege. Family Medical Leave Act. These are The South will recognize its real he- I yield the floor. all Federal laws. The minimum wage is roes indeed—heroes like Dr. King, like The PRESIDING OFFICER (Ms. MUR- a Federal law. The overtime rule is a Rosa Parks, like my old friend Fred KOWSKI). The Senator from Ohio. Federal law. The Family Medical Shuttlesworth; heroes like Congress- REMEMBERING LIEUTENANT COLONEL RICHARD Leave Act is a Federal law, as is the man JOHN LEWIS, like Fannie Lou COLE law regarding child labor. These are all Hamer, like Ida B. Wells; heroes like Mr. BROWN. Madam President, we Federal laws, but they don’t mean the countless others who stood along- lost an American hero today—the last much if they are not enforced. side them in the fight for civil rights in the line of heroes that will I explain You don’t want a fox in a chicken and like the innocent victims swept up in a moment. He was Ohio native Lt. coop. You want to make sure that in the brutal crackdowns during this Col. Richard Cole, and he was the last these laws are enforced by somebody hopeful movement toward universal of the fabled Doolittle Raiders. who is not on the side of corporate in- human dignity. In the spring of 1942, the Nation was terests, as too many in this Senate are We carry on their legacy in our daily reeling from Pearl Harbor, and 80 and as too many in this administration lives—in our schools, in our houses of Americans embarked on a mission that are; you want somebody who is on the worship, in our workplaces, and many thought to be impossible. They side of the workers. The job of Admin- throughout our society. That includes knew the dangers. They knew many of istrator of the Wage and Hour Division in the institution of the U.S. Senate. It them would not come home. The Raid- should be to look out for American is also carried on in the work of Dr. ers showed America and the world that workers when companies try to cheat King’s family members, like Martin the United States and the Allied them out of the pay that they have Luther King III. Forces could win the war. It was con- earned. Dr. King wrote his letter in the midst sidered a turning point in the news But Ms. Stanton spent a decade de- of this struggle and knew that much coverage and in people’s minds. fending corporations—that is right, de- work still lay ahead. Less than 6 Like my dad, the Doolittle Raiders fending the corporations against Amer- months after his arrest, the Klan in came from a generation that spoke ican workers when they stole workers’

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.033 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2314 CONGRESSIONAL RECORD — SENATE April 9, 2019 wages. So she has been on the side of her career so far, she has been in posi- The legislative clerk proceeded to these companies when workers tried to tions where she has hurt workers, but call the roll. make sure they got fair wages and fair the position she is in that she can help Mrs. FISCHER. Mr. President, I ask overtime and that child labor laws or hurt workers, these workers unanimous consent that the order for were protected and the Family Medical shouldn’t be treated with less respect. the quorum call be rescinded. Leave Act. She has taken the other Their work has dignity. Whether they The PRESIDING OFFICER. Without side, that of the corporations. Now the swipe a badge or punch a clock, wheth- objection, it is so ordered. President has put her in a job where er they work for tips, whether they RECOGNIZING OFFUTT AIR FORCE BASE she is supposed to look out for workers, work on a salary, whether they raise Mrs. FISCHER. Mr. President, I rise but who knows if she will really do children, whether they take care of an to commend the incredible work done that. aging parent, their work has dignity. by the men and women of Offutt Air Let’s look at some of her history: a If you love your country, you fight Force Base during the historic flooding decade defending corporations and then for the people who make it work, re- that has affected the State of Ne- she headed South Carolina’s workforce gardless of their kind of work. Whether braska. agency that manages State unemploy- they are working construction, wheth- Offutt Air Force Base is home to ment insurance. When accounting er- er they are a nurse, whether they are a some of our Nation’s most essential rors resulted in overpayments of unem- housekeeper, whether they are a sales- missions. The men and women of ployment insurance—these weren’t er- person, whether they work at a counter STRATCOM stand constant vigil. They rors made by workers; these were ac- in a fast-food restaurant, whether they provide command and control for the counting errors made that the workers are a page, whether they are a Senator, U.S. nuclear deterrent and maintain didn’t have anything to do with. When all work has dignity. watch over space operations, missile accounting errors resulted in overpay- I think it is important, when you defense, and global strike. ments of unemployment insurance to think about Ms. Stanton and the job Airmen of the 55th Wing execute workers looking for jobs, she went she has, that these workers have some of the most sensitive and com- after the workers, garnishing their earned this pay, whether it is min- plex missions, ensuring that battlefield wages. imum wage, whether it is overtime, commanders and the Nation’s decision Maybe worst of all, interestingly, she whether it is child labor laws, whether makers have the most up-to-date intel- failed to pay her own house cleaners it is the Family Medical Leave Act. ligence, surveillance, and reconnais- until they took her to court. Think When work has dignity, people are sance information available. paid the wages they earn; they are paid about that. The person who is supposed The Air Force’s only weather wing, a living wage; they have power over to be in charge of making sure corpora- the 557th Weather Wing, provides time- their schedules. It is about wages; it is tions pay their workers, whether it is ly, accurate, and relevant weather in- about benefits; it is about the dignity minimum wage, whether it is overtime, formation at any time and for any of work; and it is about a safe work- whether it is enforcing child labor place around the globe. place; it is about childcare. It is about laws, whether it is enforcing the Fam- Throughout Offutt, many other ten- all of those things. ant units work in tandem with base ily Medical Leave Act—she is the per- Workers should not be intimidated leadership to fulfill vital missions that son who is supposed to be in charge of into accepting less just because they support our national security. These making sure corporations pay their can’t afford a fancy law firm. We need men and women pride themselves on workers, and she didn’t pay workers at people in government who understand being ready for every threat, but the her own house. that. We need people who understand arrival of a once-in-50-year weather If you want to get a measure of a per- that, when you love this country, you son, look at how they treat people fight for those people who make it event provided a test unlike any other whom they are allowed to mistreat, work. they have previously faced. say it that way. Look at how they The last thing we need is an adminis- In 2019, Nebraska has seen severe treat people who have less power than tration with more people serving in flooding—the worst and most wide- they do; how they treat the waitstaff Washington who don’t value work or spread natural disaster in the history at a restaurant, how they treat the respect the Americans who do. of our State. When the waters began to entry-level staff in their office, how This is another nominee from the rise, the lives of those at Offutt and the they treat the person who cleans their President of the United States who will base’s critical equipment were put at hotel room or cleans their office. put her thumb or who has put his risk, and the response was immediate. My favorite quote from the Bible— thumb on the scale to support corpora- With less than 48 hours to prepare, one of my favorite quotes—is from tions over workers, to support Wall highly essential aircraft such as the Matthew 25, when Jesus said as follows: Street over consumers, to support big RC–135 were quickly routed to safe lo- When I was hungry, you fed me; when I was insurance companies over sick people. cations. The planes that could not be thirsty, you gave me drink; when I was a We don’t need another one of those in relocated were moved to higher ground. stranger, you welcomed me. What you did for this administration, whether at EPA, Contingency plans were put in place to the least of these, you did for me. whether at the Department of Labor, ensure continuity of operations. I thought about that, and I know whether at the Federal Reserve, or Across the installation, scores of air- there is no way Jesus or Muhammad or whether at the White House. men turned out to answer the call and Buddha or any of the great religious I urge my colleagues, as this nomina- move sensitive electronics and valu- leaders would say somebody is worth tion comes forward, as Ms. Stanton able equipment away from the reach of less than somebody else, that a page is comes forward to be Chief of the Wage damage, fighting as a team against the worth less than a Parliamentarian, for and Hour Division—Cheryl Stanton—to oncoming flood. instance, or that the Presiding Officer be Administrator for the Wage and Personnel worked around the clock is worth less than the person who is Hour Division, I urge my colleagues to to fortify facilities with more than sitting at the desk. listen a little more to the Americans 235,000 sandbags and 460 flood barriers So Matthew 25 is exactly right. No whom we serve and a little less to big to minimize damage as much as pos- worker is worth less than Ms. Stanton. corporations that always have their sible. These men and women mounted a No Senator is worth more or less than way in this body—always have their Herculean effort to defend their base anybody else. I mean, Matthew 25 way in this body. I urge my colleagues and do everything possible to protect speaks to equality, speaks to the sort to listen a little less to those corpora- their fellow airmen. of way we should be treating people tions trying to squeeze every last Across Offutt, we have seen a re- who may have lesser titles than we penny out of their workers and reject markable demonstration of what have. this nomination. makes this base so very special: every- I think of that when I think about I yield the floor. day airmen offering to do all they Ms. Stanton and the job she has been I suggest the absence of a quorum. could to protect the base, personnel nominated for. The workers whom she The PRESIDING OFFICER (Mr. CAS- working tirelessly to ensure the highly will be in a position to help or hurt— SIDY). The clerk will call the roll. critical operations of STRATCOM and

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.035 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2315 the 55th Wing were not negatively im- braska will emerge from this disaster law degree from the University of Chi- pacted, and, above all, a unifying spirit stronger. cago Law School and her under- of dedication and purpose that showed Now is a time when we must focus on graduate degree from Williams College. the world that, when disaster strikes, the future. We will rebuild and ensure In short, Cheryl Stanton is someone I there is nothing that can keep the men that Offutt remains Nebraska Strong. look forward to voting for and con- and women of Offutt Air Force Base Thank you. firming to this position within the De- from answering the call of duty. I yield the floor. partment of Labor. I urge my col- I am extremely proud to have the I suggest the absence of a quorum. leagues to support her nomination. privilege of representing everyone who The PRESIDING OFFICER. The Thank you. makes this base such a key part of our clerk will call the roll. The PRESIDING OFFICER. The Sen- national security. There is no finer rep- The legislative clerk proceeded to ator from Michigan. resentation of what it means to serve call the roll. Ms. STABENOW. Mr. President, I ask than the selfless work of the personnel Mr. LEE. Mr. President, I ask unani- unanimous consent to speak for up to at Offutt who responded to this emer- mous consent that the order for the 10 minutes. gency. quorum call be rescinded. The PRESIDING OFFICER. Is there Despite the outstanding efforts made The PRESIDING OFFICER. Without objection? in preparation for this natural disaster, objection, it is so ordered. Without objection, it is so ordered. Mother Nature took a toll on the base. NOMINATION OF CHERYL MARIE STANTON HEALTHCARE At the flood’s peak, one-third of Offutt Mr. LEE. Mr. President, I come to Ms. STABENOW. Mr. President, it Air Force Base was underwater. Eighty the floor this afternoon to speak in seems that every week now, I come to facilities at the base have been im- support of my friend Cheryl Marie the floor to say the same thing, which pacted, and waters crested at a depth Stanton, who is well qualified to be the is that healthcare is not political; it is of 16 feet. More than 3,000 personnel Administrator of the Wage and Hour personal. There is no part of healthcare were displaced from their work centers, Division within the U.S. Department of that is more personal than the decision and 1.2 million square feet of office Labor. In her previous role as executive regarding if, when, and under what cir- space was underwater. director for the South Carolina Depart- cumstances to have a child. And that The damage across the installation is ment of Employment and Workforce, certainly is the case when things go extensive, and it will take a concerted she gained valuable experience that terribly wrong, which they sometimes effort to ensure that the impacts from will prepare her well for the role she is do. These reproductive health decisions the flooding are resolved and that the about to take on within the U.S. De- need to be made by women in consulta- base is fully restored. partment of Labor. She is also someone tion with their doctors, their families, I urge my colleagues to work to- who has vast experience in labor and and their faith. That is what the Su- gether with the Nebraska delegation to employment law, both in public life preme Court has ruled. They should ensure that when the full accounting of and in the private sector. She also not be made by politicians—mainly the impacts from the flood are as- served as Associate White House Coun- men—looking to score political points sessed, we provide the Air Force with sel, as liaison to the Department of from women’s personal tragedies. Yet, the full resourcing it needs to repair Labor. once again, that is what the Repub- that damage. Cheryl currently works at the Social The good news is, our service men licans are doing right now. Security Administration as associate I have a question. How dare you pre- and women at Offutt are already hard to the Chief of Staff. She previously at work on the process of putting tend to care about the health of women served as the executive director for the Offutt back on its feet. and babies when all of your actions As the water recedes, personnel have South Carolina Department of Employ- suggest otherwise? been working hard to account for the ment and Workforce, to which she was Unfortunately, Republicans haven’t damage and take action to resume the appointed by then-Governor Nikki noticed, but we have a real healthcare operations that were suspended as a re- Haley in 2013. crisis involving women and babies in sult of this disaster. Cheryl is someone I have known for this country. In most of the world, One of the signature sounds of the more than 20 years. Like me, Cheryl fewer and fewer women are dying from Bellevue, NE, community is the distant served as a law clerk to then-Judge childbirth—not here in the United rumble of the engines of the aircraft Samuel Alito on the U.S. Court of Ap- States. Our maternal mortality rate is that depart from and land at Offutt peals for the Third Circuit. Although climbing. More women are dying. Our every day. During the flooding, that we never clerked at the same time—she infant mortality rate ranks a shameful unmistakable sound was absent. Now clerked the year before, and I got to 32 among the world’s 35 wealthiest na- that sound is back at Offutt. know her through mutual friends ini- tions. That means we have more babies Last week, the runway was certified tially and then got to know her inde- who aren’t surviving through the first for operation, and the first of our relo- pendently through that clerkship expe- year of their life because of lack of cated planes came home. rience—she is someone who is well re- healthcare, nutrition, and other issues. We should not operate under any garded within the Alito chambers as The Republican majority should be misperceived notions that repairing being a hard-working law clerk and working with us and taking action to Offutt will happen overnight. This is someone who everyone enjoyed work- improve health outcomes for moms and going to be a step-by-step process. But ing with and getting to know. babies. Instead, they are busy trying to with the hard work of the Air Force, I still remember many years ago, take away their healthcare. Congress, and the local community, we when she was serving at the White Between 2010 and 2018, the Repub- can rebuild Offutt Air Force Base even House Counsel’s Office as Associate lican majority in Congress voted to re- better than it was before. Counsel, she took my family and me on peal or weaken the Affordable Care Act I wish to offer my thanks to everyone a tour of the White House and showed more than 70 times—7–0. Now the at Offutt Air Force Base who dedicated genuine interest in them. This is the Trump administration has stepped in their time and energy to responding to kind of person who comes with a lot of to help. Last June and August, they ex- this disaster. I also want to thank the academic and professional qualifica- panded access to association health heroic men and women of the Nebraska tions. When you add to that this X fac- plans and short-term plans. We just National Guard who provided aerial tor, this intangible factor of being call them junk plans because they damage assessment during the flood- someone who is genuinely interested in don’t cover so many basics, like pre- ing. Thank you to the countless mem- people, genuinely interested in their scription drugs, mental health care, bers of the Bellevue and Omaha com- well-being, their welfare, and making and—you guessed it—maternity care. munities who donated food, equipment, sure they are informed and happy, this Let me remind everyone that before and offered to volunteer during the is exactly the kind of person we would the Affordable Care Act, most insur- flooding. want in a position like this one. ance companies did not cover prenatal As we look to the days ahead, I am Her academic credentials are, of care and maternity care as a basic part confident that both Offutt and Ne- course, impeccable. She received her of healthcare. Women had to go out

VerDate Sep 11 2014 03:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.036 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2316 CONGRESSIONAL RECORD — SENATE April 9, 2019 and pay extra, get a rider to cover and infant quality care measures under NAYS—47 something that is a basic part of our CHIP and Medicaid—the Children’s Baldwin Hassan Rosen healthcare. Health Insurance Program and Med- Bennet Heinrich Sanders Thanks to these junk plans that icaid. The goal is simple: improving Blumenthal Hirono Schatz Booker Jones Schumer don’t cover maternity care, and other maternal and infant health outcomes. Brown Kaine Shaheen sabotage, it is estimated that right We need quality standards across the Cantwell King Sinema now comprehensive health insurance country. Cardin Klobuchar Smith Carper Leahy Stabenow costs 16.6 percent more than it other- Right now, half the births are Casey Manchin Tester wise would because of these efforts to through Medicaid. There are not con- Coons Markey Udall Cortez Masto Menendez undermine, sabotage, and take away sistent quality standards across the Van Hollen healthcare. Does that sound like the Duckworth Merkley country to make sure there are healthy Durbin Murphy Warner Republican majority cares about moms opportunities for prenatal care and ma- Feinstein Murray Warren and babies? ternity care. Gillibrand Peters Whitehouse Now the Department of Justice has The Quality Care for Moms and Ba- Harris Reed Wyden announced that it agrees with the Fed- bies Act would help make sure that The nomination was confirmed. eral judge in Texas who said the entire every mom gets the best pregnancy The PRESIDING OFFICER. Under Affordable Care Act must be struck care possible and every baby gets a the previous order, the motion to re- down. This is something the President healthy start. If our Republican col- consider is considered made and laid has enthusiastically embraced. leagues care so much about the health upon the table and the President will The entire Affordable Care Act is at of moms and babies, instead of politi- be immediately notified of the Senate’s stake, including Medicaid expansion cizing issues around reproductive action. for low-income workers who want to health and women’s ability to make work but now have to choose between their own choices—instead of politi- f working and having healthcare cov- cizing what is happening around repro- erage, children staying on their par- ductive health, they would join us in CLOTURE MOTION ents’ plans until age 26, and protec- making the Quality Care for Moms and tions for people with preexisting condi- Baby Act a reality. The PRESIDING OFFICER. Pursuant tions. It is time to stop the cynical, polit- to rule XXII, the Chair lays before the In other words, if a baby is born with ical stunts. It is time to trust women Senate the pending cloture motion, spina bifida, a heart defect, a genetic to make the best reproductive which the clerk will state. condition, or any other health problem, healthcare decisions for themselves, The legislative clerk read as follows: insurance companies would once again, their families, and their futures. It is CLOTURE MOTION under these plans, be able to deny them time to take action to resolve the ma- We, the undersigned Senators, in accord- coverage or subject them to lifetime ternal and infant health crisis in this limits like we used to have. Does that ance with the provisions of rule XXII of the country. It is also time to ensure that Standing Rules of the Senate, do hereby sound like policies that care about every mom and every baby has the move to bring to a close debate on the nomi- moms and babies? healthcare they need for a healthy life. nation of Cheryl Marie Stanton, of South By the way, to emphasize that they This is the United States of America; Carolina, to be Administrator of the Wage support President Trump 100 percent, 2 we can do better for our moms and ba- and Hour Division, Department of Labor. weeks ago Senate Republicans passed a bies than is currently being done. John Thune, Thom Tillis, Steve Daines, budget resolution out of committee on Democrats are ready to take real ac- James Lankford, John Boozman, John a party-line vote that once again has Cornyn, Mike Crapo, Roy Blunt, Mike tion to join with our Republican col- Rounds, John Hoeven, Pat Roberts, language to repeal the Affordable Care leagues. It is time they join us in pro- Act with no replacement. Sorry, moms Richard Burr, David Perdue, Roger F. tecting the health of moms and babies. Wicker, Lindsey Graham, James E. and babies, you are on your own. And I yield the floor. Risch, Mitch McConnell. don’t go looking to Medicaid for health The PRESIDING OFFICER (Ms. The PRESIDING OFFICER. By unan- coverage either. The Trump budget MCSALLY). Under the previous order, would cut $1.5 trillion from Medicaid imous consent, the mandatory quorum all postcloture time is expired. call has been waived. over 10 years—trillion. That is the The question is, Will the Senate ad- same Medicaid that covers half of all The question is, Is it the sense of the vise and consent to the Wyrick nomi- Senate that debate on the nomination babies born in America. When you gut nation? Medicaid, you are keeping moms and of Cheryl Marie Stanton, of South Ms. STABENOW. I ask for the yeas Carolina, to be Administrator of the babies from getting the healthcare and nays. they need. Does that sound as though Wage and Hour Division, Department The PRESIDING OFFICER. Is there a of Labor, be brought to a close? Republicans care about moms and ba- sufficient second? The yeas and nays are mandatory bies? There appears to be a sufficient sec- under the rule. If our Republican colleagues really ond. care about the health of moms and ba- The clerk will call the roll. The clerk will call the roll. bies, here is what they should be doing The legislative clerk called the roll. The bill clerk called the roll. and joining us to do: They would pass a The result was announced—yeas 53, The yeas and nays resulted—yeas 53, bill to guarantee that every insurance nays 47, as follows: nays 47, as follows: plan covers prenatal and maternity [Rollcall Vote No. 68 Ex.] [Rollcall Vote No. 69 Ex.] care, like what is available under the Affordable Care Act. They would reaf- YEAS—53 YEAS—53 firm the Affordable Care Act’s protec- Alexander Fischer Perdue Alexander Fischer Perdue tions for people with preexisting condi- Barrasso Gardner Portman Barrasso Gardner Portman Blackburn Graham Risch Blackburn Graham Risch tions, not just saying the words but ac- Blunt Grassley Roberts Blunt Grassley Roberts tually making sure people with pre- Boozman Hawley Romney Boozman Hawley Romney existing conditions are covered. And Braun Hoeven Rounds Braun Hoeven Rounds Burr Hyde-Smith Burr Hyde-Smith they would strengthen healthcare for Rubio Rubio Capito Inhofe Sasse Capito Inhofe Sasse Cassidy Isakson Cassidy Isakson moms and babies through the Chil- Scott (FL) Scott (FL) Collins Johnson Collins Johnson dren’s Health Insurance Program and Scott (SC) Scott (SC) Cornyn Kennedy Cornyn Kennedy Shelby Shelby Medicaid. Cotton Lankford Cotton Lankford A few years ago, the Finance Com- Cramer Lee Sullivan Cramer Lee Sullivan mittee reported out a bill that I led Crapo McConnell Thune Crapo McConnell Thune Tillis Tillis with Senator GRASSLEY called the Cruz McSally Cruz McSally Daines Moran Toomey Daines Moran Toomey Quality Care for Moms and Babies Act. Enzi Murkowski Wicker Enzi Murkowski Wicker This bill would create a set of maternal Ernst Paul Young Ernst Paul Young

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.038 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2317 NAYS—47 Republican leaders allowed one Sen- ship with China. We don’t have a level Baldwin Hassan Rosen ator to block the nomination of Ms. playing field with China, and it is one Bennet Heinrich Sanders Feldblum to the EEOC, meaning that of the most important policy issues Blumenthal Hirono Schatz important civil rights agency is unable that faces our country today. Booker Jones Schumer Brown Kaine Shaheen to do some of its most critical work. It is certainly really important to Cantwell King Sinema In this moment, as our Nation is Ohio. Ohio sells a lot of products—auto Cardin Klobuchar Smith grappling with how to address the epi- parts, aerospace parts, and other Carper Leahy Stabenow demic of sexual assault and harassment Casey Manchin things—to China. We also sell a lot of Tester Coons Markey in the workplace, hamstringing the oilseeds and grains, particularly soy- Udall Cortez Masto Menendez Agency that is responsible for pro- Van Hollen beans—about $700 million worth every Duckworth Merkley tecting women’s rights and safety is year. China is actually our third big- Durbin Murphy Warner Feinstein Murray Warren absolutely the wrong message to send gest trading partner in Ohio after Can- Gillibrand Peters Whitehouse to women, to workers, and to busi- ada and Mexico. Harris Reed Wyden nesses. Yet, despite these exports, we have a The PRESIDING OFFICER. On this So I am going to keep fighting to trade deficit with China because they vote, the yeas are 53, the nays are 47. make sure the nominees to the Na- send a lot more to us than we send to Three-fifths of the Senators duly cho- tional Labor Relations Board and the them, and it is not always fair trade. sen and sworn having voted in the af- Equal Employment Opportunity Com- As an example, Ohio has been ground firmative, the motion is agreed to. mission represent all voices, as they zero for steel imports coming in be- f are supposed to, not just corporations. cause of government-directed over- I urge every man, woman, and work- capacity in China. Our steel mills have EXECUTIVE CALENDAR er who believes workers should have a been hit hard because, to put it blunt- THE PRESIDING OFFICER. The voice to join me in that. ly, China has not been playing by the clerk will report the nomination. I yield the floor. rules. The bill clerk read the nomination of The PRESIDING OFFICER. The Sen- In 2000, China produced about 15 per- Cheryl Marie Stanton, of South Caro- ator from Ohio. cent of the world’s steel. Today, thanks lina, to be Administrator of the Wage CHINA to massive subsidies and other forms of and Hour Division, Department of Mr. PORTMAN. Madam President, I state intervention, they now produce Labor. am on the Senate floor to talk about about 50 percent. So, again, about 19 The PRESIDING OFFICER. The Sen- the importance of trade and specifi- years ago, they produced 15 percent of ator from Washington. cally our country’s economic relation- the world’s steel; now they produce 50 NOMINATION OF CHERYL MARIE STANTON ship with China. percent of the world’s steel, and they As a trade lawyer, as a former U.S. Mrs. MURRAY. Madam President, I do it, again, through the government Trade Representative, as a member of come to the floor tonight to oppose the subsidizing them. the Finance Committee now that han- nomination of Cheryl Stanton to serve They often sell that steel at below its dles trade issues, I have been involved as Administrator of the Department of cost. They don’t need it in China so in these issues over the years. Labor’s Wage and Hour Division. they are trying to push it out to other The Wage and Hour Division enforces Most importantly, I am from Ohio, countries. They transship it to try to some of our Nation’s most important which is a huge trade State. We are avoid our anti-dumping duties or our workplace laws, including the Federal concerned about trade because we have countervailing duties, which were put minimum wage, overtime pay, child a lot of manufacturing and a lot of ag- in place because China wasn’t playing labor laws, and family and medical riculture, where jobs depend on trade leave. Yet, Ms. Stanton has a very long back and forth. In fact, in Ohio, about by the rules. So we find out they are history of siding with employers when 25 percent of our manufacturing work- selling below their cost, which is dump- they have violated workers’ rights. So ers make products that get exported, ing, or we find out they are subsidizing, I will be voting against this nomina- and one out of every three acres plant- we win a trade case, but then China tion, and I urge my colleagues to do ed by Ohio farmers is now being ex- sends that product to a third country the same. ported. that then sends it to us, therefore, I also want to object to the Senate These are good jobs. These are jobs evading the tariffs we put in place to moving on Republican labor nominees that pay, on average, about 16 percent deal with the unfairness. without approving nominations for the more than other jobs and have better It hits our plants hard in Ohio, but it Equal Employment Opportunity Com- benefits. We want more of them. also reduces the cost of steel around mission and the National Labor Rela- With only 5 percent of the world’s the world. tions Board. population and about 25 percent of the When it comes to our bilateral eco- Last Congress, in an unprecedented world’s economy, America wants ac- nomic relationship, there is little or no display of obstruction, my colleagues cess to the 95 percent of the consumers transparency from China when it across the aisle blocked the confirma- living outside of our borders. It is al- comes to their regulations, their ap- tion of Chai Feldblum and Mark Pearce ways in our interest to open up over- provals for inbound foreign direct in- for terms on the EEOC and NLRB, re- seas markets for our workers, our vestment into China, and the required spectively. farmers, and our service providers. notification of subsidies that is re- Even though both of these nominees While promoting exports, we also quired by the World Trade Organiza- were highly qualified, respected by have to be sure we protect American tion. their peers, Senate Republicans refused jobs from unfair trade, from imports This lack of transparency, of course, to give them a vote. that would unfairly undercut our farm- frustrates American businesses, and it These are critical Agencies that are ers and our workers, our service pro- violates China’s international obliga- responsible for protecting workers’ viders. Simply put, we want a level tions. rights. Yet my colleagues across the playing field, where there is fair and China also exhibits a lack of reci- aisle were more interested in tilting reciprocal treatment. If it is fair, if we procity. Its market is substantially the playing field even more in favor of have a level playing field, I believe more closed to American companies corporations than providing the Com- American workers and businesses can than our market is to their companies. mission and the Board with balanced compete and win. We have Chinese companies in Ohio. voices. The sweet spot for America is this They don’t have to be in a joint ven- Despite longstanding practice to con- balanced approach: opening up new ture with a 51-percent Ohio partner, firm majority and minority members markets for U.S. products, while being American partner; they can own the to independent Agencies, my col- tougher on trade enforcement so Amer- whole thing. They don’t have to go leagues across the aisle jammed ican workers have the opportunity to through this process of approvals that through Republican nominees only to compete. American companies have to go the Board without Mr. Pearce, the In that context, I want to talk a lit- through, where often their intellectual Democratic nominee. tle about the inequities in our relation- property is taken.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.029 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2318 CONGRESSIONAL RECORD — SENATE April 9, 2019 China, as we all know, has relatively China’s embrace of techno-nation- surges with Chinese imports that in- higher tariffs than the United States— alism has undercut critical commit- jure U.S. domestic industry, such as on average, about a 10-percent tariff in ments it has made to open up its mar- the high-tech products or those derived China versus our 3.4 percent tariff, but kets, protect intellectual property from nonmarket practices we talked that is not the biggest problem. rights, adhere to internationally recog- about earlier. The biggest problem is a host of what nized labor rights, and meet its WTO One model to consider is section 421 are called nontariff barriers. Some commitments on unfair trade prac- of the Trade Act of 1974. Now expired, keep out our ‘‘Made in America’’ prod- tices, such as illegal subsidies. section 421 was a China-specific safe- ucts and others coerce the production Without changes to these practices, guard that was created, pursuant to of those products to be in China. So if as long as the inequities and imbal- China’s WTO Accession Protocol, to you want to sell in China, you have to ances persist, the durability of our eco- guard against increased imports from produce in China, and that is in order nomic relationship remains in ques- China—surges—with less demanding re- to transfer this valuable intellectual tion. quirements than that afforded market property from U.S. companies to Chi- I understand China is not going to economies. I think it would be good to nese companies. become a free market economy any- get back to that. Investment is not reciprocal either. time soon, and while I hope we can Second, strong trade laws have been According to the U.S. Trade Represent- have a more market-oriented economy successful in addressing some of the ative in its section 301 report on China, someday and we can move toward that externalities caused by China’s non- in 2016, the OECD—Organization for in China, as they were moving that market practices. We have to continue Economic Cooperation and Develop- way after joining the WTO, I think it is to enforce those laws. Consider the 266- ment—ranked China the fourth most vital that we at least demand a level percent tariff that is currently in place restrictive investment climate in the playing field in the meantime. with regard to imports of cold-rolled world, despite their being the second That is why I have supported the steel from China. That was because we largest economy in the world. Trump administration’s efforts to de- brought a trade case, and we won the So of all the countries in the world, mand structural changes as part of its trade case using internationally ac- OECD ranked them the fourth most re- ongoing negotiations with Beijing. cepted criteria as to what constitutes strictive in terms of accepting foreign This takes the form of a few different dumping and subsidies. Nonmarket investment. things. One is addressing our huge economy methodologies give our trade Based on this report, China’s invest- trade deficit—that is part of the nego- remedy tools extra heft when deployed ment climate, then, is nearly four tiations—so China would buy more soy- against these unfair imports from times more restrictive than that of the beans and might buy more LNG, lique- countries like China, which lack the United States. fied natural gas. That is all good, but market-driven system found every- So the confluence of these two fac- this agreement must also deal with where else in the world. tors—the lack of transparency and rec- these other issues, like forced tech- China knows the effectiveness of our iprocity—stem from China’s Com- nology transfers and dealing with non- trade laws, especially the nonmarket munist Party-led nonmarket economy. market practices, like state-owned en- economy methodologies we use to get While China made an effort after join- terprises and other subsidies. that 266-percent tariff in place, and has ing the World Trade Organization to Addressing the first issue by selling therefore challenged the use of these become more market oriented, in re- additional soybeans and liquefied nat- methodologies. China has challenged cent years, they have actually moved ural gas to China is a positive step for- this at the World Trade Organization. I away from more market-based reforms ward, but a short-term reduction of our hope that as part of any commitments and instead doubled down on the kind trade deficit, which is out of balance, made pursuant to the current talks, of mercantilism you would expect in isn’t enough. We have to seek progress China will drop its challenge to the use the last century but revamped for the on these sustainable structural of nonmarket methodologies until such 21st century. changes so we can count on a fair trad- time as China has actually become a In doing so, China has placed enor- ing relationship between two now ma- market economy under established and mous strain on the world’s trading sys- ture trading partners. accepted statutory criteria set out in tem and, in turn, has undermined Ambassador Lighthizer, who is the U.S. law. American jobs, American workers, and current U.S. Trade Representative, is a Third, increased transparency re- America’s overall competitiveness. tough negotiator. I feel confident that quirements can help make enforcement When I served as U.S. Trade Rep- he understands this, and he is going to more effective. As long as key ele- resentative, I said that the United ensure that we not only improve the ments of the ways that China inter- States-China trade relationship lacked imbalance in our trade deficit but venes in the economy—such as the pro- equity, durability, and balance. Sadly, also—if we get these structural vision of illegal subsidies; currency that is still the case today. We didn’t changes we need—bring home a strong manipulation, for that matter; the par- have a level playing field then. and sustainable agreement. ticipation in the market in state- Since that time, the conduct has That leads me to my next point. Any owned enterprises; and the application even worsened. China has invested agreement must not just address these of laws—remain without transparency, large sums of money in industrial ca- important structural problems, but it it is going to be difficult to effectively pacity, subsidizing production that im- also has to be enforceable. Without en- monitor compliance with commit- pacted industries in places like the forceability, it is going to be impos- ments that are made. We have to know. United States but also Japan, the Eu- sible to make any real, meaningful We have the right to know. I thus urge ropean Union, and many developing progress in our economic relationship the administration to secure enforce- countries. based on the past. We also have to do able transparency commitments to en- China has embarked on a so-called more than merely enforce by negotia- sure we have enough visibility on Chi- indigenous innovation campaign tion. I support consultations and con- na’s nonmarket practices to make en- backed by hundreds of billions of dol- sistent engagement; that is also good. forcement as effective as possible. lars and the full weight of its nontrans- But there also has to be some enforce- I hope the administration takes some parent regulatory apparatus. This in- ment mechanisms with some con- of these enforcement suggestions into tent of the indigenous innovation cam- sequences. account. paign seems to be directed primarily at While I look forward to seeing the Today, pursuant to our section 301 in- us but also other countries around the agreement that we come up with vestigation, the United States has lev- world that are innovating. China—and I hope it happens soon—I ied tariffs of 25 percent on $50 billion The United States has been the lead- would like to offer a few suggestions and 10 percent on $200 billion of exports er in many innovative technologies, related to enforceability. from China to the United States. These and now China is attempting to be the First, I favor reviving a China-spe- tariffs are in place now, and they are leader. Think of artificial intelligence cific safeguard to provide both due affecting a lot of our companies here in or 5G. process and an effective response to the United States because China has,

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.050 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2319 in turn, retaliated against us, putting Unfortunately, we still have some Thank you. tariffs ranging from 5 to 25 percent on challenges we need to address to be I yield back my time. $100 billion of U.S. exports to China. So truly competitive. We have a work- The PRESIDING OFFICER. The Sen- there has been an escalation of tariffs force that too often lacks the skills ator from Ohio. as we have been in these negotiations. necessary for the 21st century. We have ORDER OF PROCEDURE There has been discussion about the an opioid epidemic that is undermining Mr. PORTMAN. Madam President, I United States keeping our 25 percent our economy as well as our commu- ask unanimous consent that notwith- and 10 percent tariffs in place as a nities. We have a crumbling infrastruc- standing rule XXII, the postcloture backstop even after an agreement is ture that is holding back economic time on the Stanton nomination expire reached. I think that is unlikely be- growth. at 11:45 a.m. on Wednesday, April 10; cause I think it is a recipe for no agree- Instead of people being awed at how further, that if confirmed, the motion ment or an inadequate agreement. quickly China can build a bridge, I to reconsider be considered made and Instead, I believe it is important for want people to be awed at how effec- laid upon the table and the President both countries to reduce or eliminate tively and how fast we can build a be immediately notified of the Senate’s altogether the new tariffs under 301 bridge here in this country. To do that, action. Additionally, I ask that fol- and the retaliatory tariffs when the we need to build on the permitting re- lowing the disposition of the Stanton agreement is reached. Of course, the forms we have enacted in the last few United States would be able to quickly nomination, the Senate vote on the years to make it easier to start and confirmation of the Abizaid nomina- reimpose tariffs if China doesn’t live up quicker to finish projects that keep our to the commitments it makes, and that tion as under the previous order and economy moving and growing. Rein- that, if confirmed, the motion to recon- would be appropriate. But I think we vesting in America with world-class ca- ought to make a commitment now to sider be considered made and laid upon reer and technical education, infra- the table and the President be imme- China that we are willing to get rid of structure investment, pro-growth and these tariffs, or substantially all of diately notified of the Senate’s action; pro-innovation economic policies, as finally, that the mandatory quorum them, if a good agreement is reached. we started with tax reform and regu- Over the next few weeks, I hope the call with respect to the Brady nomina- latory relief—these are the things that tion be waived. President remains focused on reaching would send signals to China and to the this agreement that addresses the The PRESIDING OFFICER. Without rest of the world that we are a vibrant structural inequities in our trade rela- objection, it is so ordered. nation, we are in the game, we are fo- tionship. Buying more soybeans is im- cused on the future, we are constantly f portant, but this is a chance to resolve innovating, and we are not a nation in deeper issues, especially when there is LEGISLATIVE SESSION decline. such compelling evidence of commit- I believe the best days of our country ments not met in the past and contin- can be before us. We need to show the MORNING BUSINESS ued inequities in the U.S.-China trade world that America remains, in fact, Mr. PORTMAN. Mr. President, I ask relationship. the world’s preeminent power because As part of reaching an enforceable unanimous consent that the Senate of our free markets, because of our in- structural agreement, I urge the ad- proceed to legislative session for a pe- novations, and because of our work ministration to give China certainty riod of morning business, with Sen- ethic. If we do that, we will be able to about what we actually want and ex- ators permitted to speak therein for up actly what we want. From what I have compete with China. If we don’t, even to 10 minutes each. heard, I believe giving Beijing the secu- without these trade negotiations, it The PRESIDING OFFICER. Without rity of an unwavering negotiating posi- will be difficult. objection, it is so ordered. By the way, unlike some, I don’t pro- tion will help unlock China’s last best pose to compete with China by adopt- f offer. My sense is that is not yet on the ing policies and processes that mimic table because perhaps they think we VOTE EXPLANATION their system. As an example, national- have shifted in terms of our objectives izing our 5G deployment or adopting 5- Ms. DUCKWORTH. Madam President, and priorities. The agreement would year industrial plans, as China does, is I was necessarily absent for vote No. 65 then allow the United States to take a on the motion to invoke cloture on Ex- step forward toward a more balanced, not the path to success. It gives in to the critiques that we make of Beijing. ecutive Calendar No. 21, nomination of equitable, and durable U.S.-China rela- Daniel Desmond Domenico, of Colo- tionship. Instead, we need to double down on the American way: big ideas and bold vi- rado, to be United States District Again, I commend the administration Judge for the District of Colorado. On and President Trump and Ambassador sions grounded in principles unique to our origins. After all, we believe in vote No. 65, had I been present, I would Lighthizer for engaging in these nego- have voted nay on the motion to in- tiations. I think we are headed in the freedom and free markets because they work. voke cloture on Executive Calendar No. right direction, but let’s bring it to a 21. close. With regard to China, we should want I want to note that the current nego- to have a successful and mutually ben- f eficial relationship on trade and other tiations are only part of what must be ARMS SALES NOTIFICATION a holistic and long-term strategy to- issues. China and the United States ward China. A good agreement and must be strategic competitors going Mr. RISCH. Madam President, sec- strong enforcement is essential, but to forward, not enemies. tion 36(b) of the Arms Export Control keep the United States competitive I commend the Trump administra- Act requires that Congress receive over the long term, we have to invest tion for entering into these difficult prior notification of certain proposed more here at home. and very important negotiations with arms sales as defined by that statute. As an example, if you are going to be China, and I encourage the administra- Upon such notification, the Congress in a sports competition, it helps to go tion to stay strong in the pursuit of has 30 calendar days during which the to the gym once in a while. Until re- long-term, meaningful structural sale may be reviewed. The provision cently, we hadn’t been hitting the gym changes in that relationship. I want stipulates that, in the Senate, the noti- too much. our country to do the hard work here fication of proposed sales shall be sent Tax reform and lifting burdensome at home, to ensure that American com- to the chairman of the Senate Foreign regulations recently have given our petitiveness is second to none. That Relations Committee. economy a shot in the arm. It is really combination—a successful resolution In keeping with the committee’s in- important because it has created jobs of longstanding issues with China and tention to see that relevant informa- and increased wages, but it has also staying on the cutting edge here at tion is available to the full Senate, I made our country more competitive, home—will ensure the continued pros- ask unanimous consent to have printed particularly by investing in technology perity and global leadership of the in the RECORD at this point the notifi- and investing in new equipment. United States of America. cations which have been received. If

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.051 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2320 CONGRESSIONAL RECORD — SENATE April 9, 2019 the cover letter references a classified will have no difficulty absorbing these addi- tration, the Corps of Engineers and Bureau annex, then such annex is available to tional missiles into its armed forces. of Reclamation, and the Nuclear Regulatory all Senators in the office of the Foreign The proposed sale of this equipment and Commission over the next five weeks. Sen- support will not alter the basic military bal- Relations Committee, room SD–423. ator Feinstein and I will each have an open- ance in the region. ing statement. There being no objection, the mate- The prime contractor for the SM–3 Block I will then recognize each Senator for up to rial was ordered to be printed in the IB All Up Rounds will be Raytheon Missile five minutes for an opening statement, alter- RECORD, as follows: Systems, Tucson, Arizona. The prime con- nating between the majority and minority, DEFENSE SECURITY tractor for the canisters will be BAE Sys- in the order in which they arrived. COOPERATION AGENCY, tems, Minneapolis, Minnesota. There are no We will then turn to Secretary Perry for Arlington, VA. known offset agreements proposed in connec- his testimony on behalf of the Department of Hon. JAMES E. RISCH, tion with this potential sale. Energy. Chairman, Committee on Foreign Relations, Implementation of this proposed sale will At the conclusion of Secretary Perry’s tes- U.S. Senate, Washington, DC. require annual trips to Japan involving U.S. timony, I will then recognize Senators for DEAR MR. CHAIRMAN: Pursuant to the re- Government and contractor representatives five minutes of questions each, alternating porting requirements of Section 36(b)(1) of for technical reviews, support, and oversight between the majority and minority in the the Arms Export Control Act, as amended, for approximately five years. order in which they arrived. Earlier this we are forwarding herewith Transmittal No. There will be no adverse impact on U.S. de- week I proposed a New Manhattan Project 19–13 concerning the Navy’s proposed Let- fense readiness as a result of this proposed for Clean Energy, a five year project with ter(s) of Offer and Acceptance to the Govern- sale. Ten Grand Challenges that will use Amer- ment of Japan for defense articles and serv- TRANSMITTAL NO. 19–13 ican research and technology to put our ices estimated to cost $1.150 billion. After Notice of Proposed Issuance of Letter of country and the world firmly on a path to- this letter is delivered to your office, we plan Offer Pursuant to Section 36(b)(1) of the ward clean, cheaper energy. to issue a news release to notify the public of Arms Export Control Act Meeting these Grand Challenges would cre- this proposed sale. Annex Item No. vii ate breakthroughs in advanced nuclear reac- Sincerely, tors, natural gas, carbon capture, better bat- (vii) Sensitivity of Technology: CHARLES W. HOOPER, teries, greener buildings, electric vehicles, 1. The proposed sale will involve the re- Lieutenant General, USA, Director. cheaper solar and fusion. To provide the lease of sensitive technology to the Govern- Enclosures. tools to create these breakthroughs, the fed- ment of Japan related to the Standard Mis- eral government should double its funding TRANSMITTAL NO. 19–13 sile–3 (SM–3): Notice of Proposed Issuance of Letter of The Block IB is an iteration of the SM–3 for energy research and keep the United Offer Pursuant to Section 36(b)(1) of the family. It has distinct features over the older States number one in the world in advanced Arms Export Control Act, as amended Block IA variant previously sold to Japan in- computing. This strategy takes advantage of cluding an enhanced warhead which im- the United States’ secret weapon, our ex- (i) Prospective Purchaser: Government of traordinary capacity for basic research espe- Japan. proves the search, discrimination, acquisi- tion and tracking functions in order to ad- cially at our 17 national laboratories. It will (ii) Total Estimated Value: strengthen our economy and raise our family Major Defense Equipment* $1,054 billion. dress emerging threats. Once enclosed in the canister, the SM–3 Block IB missile is classi- incomes. Other $.096 billion. As we review the Department of Energy’s Total $1.150 billion. fied CONFIDENTIAL. fiscal year 2020 budget request today and (iii) Description and Quantity or Quan- 2. If a technologically advanced adversary work on drafting the Energy and Water De- tities of Articles or Services under Consider- were to obtain knowledge of the specific velopment Appropriations bill, I will be ation for Purchase: hardware and software elements, the infor- keeping these Ten Grand Challenges in mind. Major Defense Equipment (MDE): mation could be used to develop counter- I would like to thank Secretary Perry for Up to fifty-six (56) Standard Missile–3 (SM– measures that might reduce weapon system being here today. This is Secretary Perry’s 3) Block IB Missiles. effectiveness or be used in the development third year to testify before the sub- Non-MDE: Also included are missile can- of a system with similar or advanced capa- committee. isters, U.S. Government and contractor rep- bilities. I also want to thank Senator Feinstein, resentatives’ technical assistance, engineer- 3. A determination has been made that with whom I have the pleasure to work with ing and logistical support services, and other Japan can provide substantially the same de- again this year to draft the Energy and related elements of logistics and program gree of protection for the sensitive tech- Water Development Appropriations bill. Our support. nology being released as the U.S. Govern- subcommittee has a good record of being the (iv) Military Department: Navy (JA-P- ment. This sale is necessary in furtherance first of appropriations bills to be considered ATY). of the U.S. foreign policy and national secu- (v) Prior Related Cases, if any: JA-P-AUA. rity objectives outlined in the Policy Jus- by the Committee and by the Senate each (vi) Sales Commission, Fee, etc., Paid. Of- tification. year. For each of the past four years, Sen- fered. or Agreed to be Paid: None. 4. All defense articles and services listed in ator Feinstein and I have been able to have (vii) Sensitivity of Technology Contained this transmittal are authorized for release our bill signed into law. in the Defense Article or Defense Services and export to the Government of Japan. Last year, we worked together in a bipar- tisan way on the fiscal year 2019 Energy and Proposed to be Sold: See Attached Annex. f (viii) Date Report Delivered to Congress: Water Development Appropriations bill that April 9, 2019. DEPARTMENT OF ENERGY FISCAL was signed into law before the start of the *As defined in Section 47(6) of the Arms YEAR 2020 BUDGET REQUEST fiscal year—the first time that happened Export Control Act. since 2000. Mr. ALEXANDER. Madam President, We provided $6.585 billion for the Depart- POLICY JUSTIFICATION I ask unanimous consent that a copy of ment’s Office of Science, the fourth consecu- Japan—Standard Missile (SM)–3 Block IB my opening statement at the Sub- tive year of record level funding, which sup- The Government of Japan has requested to committee on Energy and Water Devel- ports basic science and energy research at buy up to fifty-six (56) Standard Missile–3 opment’s budget hearing for the De- our 17 national laboratories and is the na- (SM–3) Block IB missiles. Also included are partment of Energy’s fiscal year 2020 tion’s largest supporter of research in the missile canisters, U.S. Government and con- budget request be printed in the physical sciences. The bill also provided $366 million for tractor representatives’ technical assistance, RECORD. engineering and logistical support services, There being no objection, the mate- ARPA–E, to continue the important research and other related elements of logistics and and development investments into high-im- program support. The estimated cost is $1.150 rial was ordered to be printed in the pact energy technologies—another record billion. RECORD, as follows: funding level in a regular appropriations bill. This proposed sale will support the foreign DEPARTMENT OF ENERGY FISCAL YEAR 2020 We also provided $1.3 billion for Depart- policy and national security of the United BUDGET REQUEST ment’s Office of Nuclear Energy, which is re- States by improving the security of a major Mr. ALEXANDER. The Subcommittee on sponsible for research and development of ally that is a force for political stability and Energy and Water Development will please advanced reactors and small modular reac- economic progress in the Asia-Pacific region. come to order. tors. Finally, the bill we passed last year It is vital to U.S. national interests to assist Today’s hearing will review the adminis- provided $15.2 billion for the National Nu- Japan in developing and maintaining a tration’s fiscal year 2020 budget request for clear Security Administration, including strong and effective self-defense capability. the Department of Energy. record funding levels for our Weapons Pro- The proposed sale will provide Japan with This is the Subcommittee’s first budget gram and Naval Reactors. increased ballistic missile defense capability hearing this year. This year, the Department of Energy’s to assist in defending the Japanese homeland We will have three additional hearings budget request is about $3.9 billion below and U.S. personnel stationed there. Japan with the National Nuclear Security Adminis- what Congress provided last year.

VerDate Sep 11 2014 06:27 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.040 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2321 I’m pleased that the Department’s budget essing Facility, and I’ll be asking some ques- gress. I understand that two private compa- request prioritizes supercomputing, and in- tions about that project today. The Nuclear nies have submitted license applications to cludes approximately $809 million to deploy Posture Review also calls for two low yield the NRC for private consolidated storage fa- exascale systems in the early 2020’s. warheads to be added to the stockpile, large- cilities, one in Texas and one in New Mexico, Unfortunately, the budget request this ly in response to capabilities being developed and that the NRC’s review is well underway. year again proposes to decrease spending on by Russia and other countries, and I know I look forward to working with Secretary federally funded research and development, the Department is working on this impor- Perry as we begin putting together our En- terminates ARPA–E and the loan guarantee tant issue. ergy and Water Development Appropriations programs, and cuts other funding, specifi- I’d like to hear more about that today, and bill for fiscal year 2020 and hearing what Sec- cally: look forward to hearing about the progress retary Perry’s priorities are. I also expect The Office of Science by $1 billion; being made on the Uranium Processing Fa- that the Department will continue to fund Energy Efficiency and Renewable Energy cility. projects consistent with Congressional in- by $2 billion; China, Japan, the U.S. and the European tent in the fiscal year 2019 Consolidated Ap- Nuclear Energy by $502 million; and Union all want to be first in supercomputing. propriations Act. Fossil Energy by $178 million. The stakes are high because the winner has I will now recognize Senator Feinstein for And that is why we are holding this hear- an advantage in advanced manufacturing, her opening statement. ing: to give Secretary Perry an opportunity simulating advanced reactors and weapons f to discuss the Department’s priorities, so before they are built, finding terrorists and Senator Feinstein and I can make informed saving billions of Medicaid waste, and simu- TRIBUTE TO DR. SCOTT GOTTLIEB decisions as we begin to write the fiscal year lating the electric grid in a natural disaster, Mr. ALEXANDER. Madam President, 2020 Energy and Water Development Appro- and other progress. priations bill over the next few weeks. Gov- The U.S. regained the number one spot last nearly two years ago, just before the erning is about setting priorities, and we al- year, thanks to sustained funding by Con- Senate voted to confirm Dr. Gottlieb to ways have to make some hard decisions to gress during both the Obama and Trump ad- lead the Food and Drug Administra- ensure the highest priorities are funded. ministrations. I am pleased that this budget tion, FDA, I said that he was ‘‘the Today, I’d like to focus my questions on request proposes to continue development of right person to lead the FDA in [its] five main areas, all with an eye toward set- exascale supercomputers—the next genera- vital mission and move the agency for- ting priorities: Prioritizing federal support tion of supercomputers that will develop a ward so that America’s patients can for science and energy research; Maintaining system a thousand times faster than the benefit from the remarkable discov- a safe and effective nuclear weapons stock- first supercomputer the U.S. built in 2008. pile; Demonstrating that we can build safe, To ensure that nuclear power has a strong eries . . . that our nation’s researchers affordable advanced reactors; Keeping Amer- future in this country, we must solve the are working on.’’ ica first in supercomputing; and Solving the decades’ long stalemate over what to do with Since then, Dr. Gottlieb’s leadership nuclear waste stalemate. The Department of used fuel from our nuclear reactors. Senator at FDA has proved that prediction cor- Energy’s research programs have made the Feinstein and I have been working on this rect. United States a world leader in science and problem for years, and I’d like to take the Dr. Gottlieb has been one of the technology, and these programs will help the opportunity to compliment Senator Fein- President’s best appointments. United States maintain its brainpower ad- stein on her leadership and her insistence Two years ago, I also said that vantage to remain competitive at a time that we find a solution to this problem. To when other countries are investing heavily solve the stalemate, we need to find places to ‘‘there’s never been a more important in research. build geologic repositories and temporary time to capitalize on the significant DEMONSTRATING THAT WE CAN BUILD SAFE, storage facilities so the federal government funding Congress has given to medical AFFORDABLE ADVANCED REACTORS can finally meet its legal obligation to dis- research.’’ Today, nuclear power accounts for 60% of pose of nuclear waste safely and perma- Congress has given the National In- our carbon-free electricity and, if we are nently. stitutes of Health, NIH, a $9 billion in- going to slow the effects of climate change, This year’s budget request for the Depart- crease from 2015–2019, almost $40 billion nuclear power will be necessary into the fu- ment of Energy includes $110 million to re- dollars in 2019, and FDA plays a key start work for Yucca Mountain repository ture. However, the cost to build and operate role in bringing new treatments and today’s large nuclear reactors is too high. If and $6.5 million to study ways to open an in- terim storage site or use a private interim cures to American patients. we don’t do something soon, nuclear power In 2016, Congress passed what Leader will not have a future in the United States. storage site. I strongly believe that Yucca MCCONNELL called the most important Advanced reactors have the potential to be Mountain can and should be part of the solu- smaller, cheaper, less wasteful, and safer tion to the nuclear waste stalemate. Federal legislation of the Congress, the 21st than today’s reactors. law designates Yucca Mountain as the na- Century Cures Act, to help speed the To demonstrate their potential, we need to tion’s repository for used nuclear fuel, and development of new drugs and devices. build some of these advanced reactors, en- the Commission’s own scientists have told us This exciting time in medicine also able them to get licensed, and make sure that we can safely store nuclear waste there brings great promise to patients to they are available to replace the existing re- for up to one million years. But even if we had Yucca Mountain open lower the cost of medicine, as more actors when they come offline. Secretary today, we would still need to look for an- promising treatments come to market, Perry, I’d like to hear your views on this, in- other permanent repository. We have more we see increased competition, which cluding whether you think it would be help- than enough used fuel to fill Yucca Mountain ful for the Department of Energy, working helps to drive down how much patients to its legal capacity. So Senator Feinstein with the private sector and the National pay for medicines they need. and I, working with the leaders of the Com- Laboratories, to manage a program that Dr. Gottlieb’s successful tenure at mittee on Energy and Natural Resources, would build and demonstrate current ad- the agency includes helping to bring Senator Murkowski and then Senators vanced reactor technologies. Bingaman, Wyden, Cantwell, and now Sen- more competition to the market. In MAINTAINING A SAFE AND EFFECTIVE NUCLEAR ator Manchin, have a bill to implement the 2018, FDA approved or tentatively ap- WEAPONS STOCKPILE recommendations of the President’s Blue proved over 1,000 generic drugs, ap- A key pillar of our national defense is a Ribbon Commission on America’s Nuclear proved 34 novel orphan drugs, which strong nuclear deterrent. Last February, the Future, which we’re working to reintroduce are drugs to treat rare diseases, and administration issued an updated nuclear this year. designated 18 regenerative medicines policy, called the Nuclear Posture Review. The legislation complements Yucca Moun- as regenerative medicine advanced The updated Nuclear Posture Review rec- tain, and would create a new federal agency therapies, so they can be reviewed fast- ommends continuing many of the things to find additional permanent repositories Congress has been working on for the last and temporary facilities for used nuclear er. several years—things that I support, includ- fuel. But the quickest, and probably the Here are just a few other important ing: continuing Life Extension Programs to least expensive, way for the federal govern- things Dr. Gottlieb has accomplished: make sure our current nuclear weapons re- ment to start to meet its used nuclear fuel When Dr. Gottlieb took over at FDA, main safe and effective; and continuing to obligations is for the Department of Energy Congress was working to reauthorize invest in the facilities we need to maintain to contract with a private storage facility the four medical product user fee our nuclear weapons stockpile. This includes for used nuclear fuel. agreements that make up about a third the Uranium Processing Facility, the Pluto- Two years ago, you told this subcommittee of FDA’s funding. nium Facility, and the facilities to process that the Department of Energy has the au- lithium and tritium. thority to take title to used nuclear fuel, but In addition to reauthorizing the four I’m pleased to know the Department con- you were hesitant to agree that it has the user fee agreements, Congress worked tinues to make progress on construction of authority to store the used fuel at a private with Dr. Gottlieb and authorized an ex- the nuclear buildings for the Uranium Proc- facility without more direction from Con- pedited approval process for generic

VerDate Sep 11 2014 06:27 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.039 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2322 CONGRESSIONAL RECORD — SENATE April 9, 2019 drugs where there is little or no mar- his driver’s license taken away and was come to the United States with every ket competition, called the Competi- declared legally blind. wave of European migration since the tive Generic Therapies pathway, as The culprit was a rare form of colonial period. In the United part of the FDA Reauthorization Act of macular degeneration. States,there may be as many as 1 mil- 2017. His doctor at the Vanderbilt Eye In- lion Americans with some Romani an- Since August 2018, FDA has approved stitute told him that while there were cestry, whether distant or more recent. five new generic drugs under this path- no cures, Doug could search online for Romani people have made distinct and way and has designated over 140 ge- a clinical trial. important contributions in many neric drug applications as qualifying Doug found a regenerative medicine fields, including agriculture, art, for this pathway. clinical trial in Florida, where doctors crafts, literature, medicine, military Dr. Gottlieb also announced a new took cells out of the bone marrow in service, music, sports, and science. plan, called the Biosimilar Action his hip, spun them in a centrifuge, and Second, it supports International Plan, to bring generic versions of bio- then injected those into his eye. Roma Day and the Department of Three days later, he began to see. logic drugs, called biosimilars, to help State’s robust engagement in activities improve competition for biologics by His eyesight eventually improved to honor that occasion. On April 8, 1971, increasing market entry of biosimilars enough to get his driver’s license back, the First World Romani Congress met and providing more treatment options and he became an effective advocate in London, bringing together Roma for patients. for more support for regenerative med- FDA has approved a total of 18 bio- icine, which we included in the 21st from across Europe and the United similar products since 2010, when the Century Cures Act. States with the goal of promoting biosimilar pathway was created, 13 of So, with his improved vision, he transnational cooperation among which were approved under Dr. Gott- began writing letters and visiting me Roma, combating social lieb’s watch. to advocate for more support for regen- marginalization, and building a posi- At his confirmation hearing, Dr. erative medicine, which we did in the tive future for Roma everywhere. April Gottlieb described the opioid crisis as 21st Century Cures Act. 8 is now celebrated as International ‘‘having staggering human con- Two years ago, Doug gave me the Roma Day around the world. U.S. Am- sequences. I think it’s the biggest cri- cane he had used while he was blind. He bassadors and our Embassies across sis facing the agency. . . . I think it’s said: ‘‘I don’t need it anymore.’’ Europe are frequently asked to partici- going to require an all-of-the-above ap- In Cures, we included a pathway to pate in April 8 celebrations across the proach . . .’’ bring new regenerative medicine treat- region. I commend the important work Last year, 72 senators worked on leg- ments, similar to the treatment Doug they are doing as they demonstrate islation to combat the opioid crisis. received, to patients more quickly. U.S. commitment to inclusive societies Dr. Gottlieb provided us with crucial Dr. Gottlieb has worked to imple- not only on April 8 but throughout the advice as we worked on this legislation ment that new pathway to help develop entire year. and has begun to take advantage of the safe treatments to ensure more pa- Third, this resolution commemorates new law. tients are able to take advantage of the 75th anniversary of the destruction He has taken steps to help prevent il- this cutting-edge, personalized medical of the so-called Gypsy Family Camp at licit fentanyl, which is 100 times more technology. Auschwitz. Experts estimate that powerful than heroin, from coming Additionally, Dr. Gottlieb has helped 200,000 to 500,000 Romani people were across the border. the agency develop and advance guid- killed in death camps and elsewhere He worked with Congress to clarify ances for gene therapies that will help throughout Europe. On August 2 to 3, his authority to require opioids to be new innovative companies developing 1944, Nazis murdered between 4,200 and packaged in blister packs, such as a 3 these promising therapies, some of 4,300 Romani men, women, and children or 7-day supply, to encourage doctors which may be for specific diseases and in gas chambers when the Nazis de- to prescribe responsibly; and clarified conditions that provide roadmaps for cided to liquidate this camp. A number FDA’s authority to require safe dis- biotechnology companies who are lead- of governments have taken important posal options to accompany opioid ing the way in precision medicine. steps in recent years to commemorate packaging. During this exciting time in bio- the genocide of Roma, to remember the Dr. Collins, who leads the NIH, has medical research, we are fortunate that victims, and educate future genera- predicted a nonaddictive opioid in the Dr. Gottlieb was willing to serve. tions. Germany took an important step next decade, which really is the Holy The FDA and the biomedical commu- when it opened a memorial in Berlin Grail for fighting the opioid crisis and nity is in better shape today to ad- for Sinti and Roma victims of national for helping the 50–100 million Ameri- vance medical innovation and develop socialism. I also commend the Czech cans living with pain. the treatments and cures of the future Government for its decision to remove I believe Dr. Gottlieb has laid because of his leadership. the pig farm at the site of the Lety groundwork to encourage the develop- f concentration camp and address re- ment of nonaddictive and nonopioid CELEBRATING ROMANI AMERICAN maining issues regarding the proper medicines and therapies to treat pain. memorialization of that sensitive site. Dr. Gottlieb was integral to HERITAGE Congress’s ability to reauthorize the Mr. CARDIN. Madam President, Finally, this resolution commends animal drug user fees, which authorize today I rise to celebrate International the U.S. Holocaust Memorial Museum the FDA to collect user fees to speed Roma Day, which occurred yesterday, for its critically important role in pro- the review and approval of new drugs April 8, 2019. Last week, Senator moting remembrance of the Holocaust and educating audiences about the that farmers, families, and veterinar- WICKER, the Helsinki Commission’s ians rely on to keep their animals Senate cochairman, and I introduced a genocide of Roma. The U.S. Holocaust healthy and the food supply safe. resolution that celebrates Romani Memorial Museum is the preeminent The 21st Century Cures Act created American heritage. Federal institution dedicated to serv- the Regenerative Medicine Advanced As a member of the U.S. Helsinki ing as a living memorial to the Holo- Therapy Designation, which is similar Commission and the Organization for caust. I am honored to serve as a mem- to the very successful breakthrough Security and Cooperation in Europe ber of the U.S. Holocaust Memorial drug pathway that safely shortened the (OSCE) Parliamentary Assembly Spe- Museum Council and I welcome the ini- development and review time for cer- cial Representative on Anti-Semitism, tiatives of the museum to ensure that tain drugs, to get them to patients who Racism & Intolerance, I have long Romani victims are remembered and need them more quickly. worked to improve the situation of support related scholarship. While we worked on that law, I heard Roma throughout the OSCE region. I am pleased that Senator WICKER the story of Nashville resident Doug The resolution we introduced on has joined me in introducing this reso- Oliver. April 4 does four things. lution and urge other colleagues to join In 2007, Doug began to have trouble First, it recognizes and celebrates us in celebrating Romani-American seeing and, after a near accident, had Romani American heritage. Roma have heritage.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.036 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2323 TRIBUTE TO LIEUTENANT my opening statement at the Sub- We’re here today to review the administra- COMMANDER STEVEN DAVIES committee on Energy and Water Devel- tion’s fiscal year 2020 budget request for the National Nuclear Security Administration Mrs. HYDE-SMITH. Madam Presi- opment’s budget hearing for the Na- tional Nuclear Security Administra- (NNSA), the semi-autonomous agency within dent, I am pleased to commend LCDR the Department of Energy that is responsible Steven Davies for his dedication to tion’s fiscal year 2020 budget request be for a vital mission—maintaining our nuclear duty and service as a U.S. Coast Guard printed in the RECORD. weapons stockpile, reducing the global dan- congressional fellow on my staff. Steve There being no objection, the mate- gers posed by weapons of mass destruction, was recently selected to serve as execu- rial was ordered to be printed in the and providing the Navy with safe and effec- RECORD, as follows: tive nuclear power. tive officer of USCGC Thetis and will The president’s fiscal year 2020 budget re- NATIONAL NUCLEAR SECURITY ADMINISTRA- soon depart to fulfill that important quest for the NNSA is $16.5 billion, an in- TION FISCAL YEAR 2020 BUDGET REQUEST responsibility. crease of $1.3 billion (or 8 percent) over last A native of Lebanon, PA, Steve was Mr. ALEXANDER. The Subcommittee on year (the fiscal year 2019 enacted level). commissioned after his graduation Energy and Water Development will please Today, I’d like to focus my remarks and come to order. questions on three main areas: from the U.S. Coast Guard Academy, Today’s hearing will review the adminis- where he earned a bachelor of science 1. Effectively maintaining our nuclear tration’s fiscal year 2020 budget request for weapons stockpile; degree in management, served as vice the National Nuclear Security Administra- 2. Keeping critical projects on time and on president of his class, and captained tion. budget; and the men’s soccer team. He is in the This is the second of the Subcommittee’s 3. Supporting our nuclear Navy. process of earning a master’s degree. four budget hearings this year. When the Senate agreed to ratify the New Steve has served in a broad range of We heard from Secretary Perry last week, Start Treaty in December 2010, we also assignments during his Coast Guard ca- and we’ll have two more hearings in the agreed to support funding to modernize and coming weeks to review the Nuclear Regu- reer. He has served overseas in Kuwait maintain our nuclear weapons stockpile, latory Commission and the Army Corps of plus the facilities to do the work. A vital and deployed with Patrol Forces Engineers and the Bureau of Reclamation part of NNSA’s mission is completion of the Southwest Asia in support of Oper- budget requests. five ongoing life extension programs, which ations Iraqi and Enduring Freedom, Senator Feinstein and I will each have an fix or replace components in weapons sys- conducted national security missions opening statement. tems to make sure they’re safe and reliable. on five ships in the Arabian Gulf. In ad- I will then recognize each Senator for up to The budget request includes $2.1 billion to dition to deployments overseas, he has five minutes for an opening statement, alter- continue the life extension programs. I want nating between the majority and minority, served in vital roles in support of U.S. to make sure we are spending taxpayer dol- in the order in which they arrived. lars effectively. security interests. As commanding offi- We will then turn to Administrator Lisa Completing all of the work that needs to cer of USCGC Sailfish, he led search and Gordon-Hagerty to present testimony on be- be done for these weapons systems will re- rescue operations and various law en- half of the National Nuclear Security Ad- sult in a higher workload than the weapons forcement missions in the Port of New ministration and then give Admiral Frank program has had in any time since the York and New Jersey. As Commanding Caldwell an opportunity to give a brief state- height of the Cold War, and it will require a Officer of USCGC Kathleen Moore, ment. large number of highly-trained experts at Steve led a 26-person crew that inter- At the conclusion of the witnesses’ testi- the production sites, like Y–12 in Oak Ridge mony, I will then recognize Senators for five dicted $18 million of cocaine and nearly Tennessee, the weapons laboratories, and the minutes of questions each, alternating be- federal employees that work for NNSA. I’d 700 undocumented migrants attempting tween the majority and minority in the like to hear more today about whether to reach the United States. order in which they arrived. NNSA has enough qualified people to do this Most recently, Steve served as the First, I would like to thank our witnesses work. I would also like to discuss today congressional fellow on my staff and, for being here today, and also Senator Fein- whether NNSA will be able to keep the life prior to that, for the Honorable Sen- stein, with whom I have the pleasure to work extension programs on time and on budget. ator Thad Cochran of Mississippi. with again this year to draft the Energy and The NNSA is responsible for some of the Water Appropriations bill. largest construction projects in the federal Steve’s operational experience in the Our witnesses today include: Ms. Lisa Gor- Gulf of Mexico, Southwest Asia, and government. Senator Feinstein and I have don-Hagerty, the Administrator of the Na- worked hard to keep costs from sky- the Arabian Gulf, in addition to his tional Nuclear Security Administration rocketing. We want to make sure hard- technical expertise in counterdrug and (NNSA); Dr. Charles Verdon, Deputy Admin- earned taxpayer dollars are spent wisely and migrant interdictions, search and res- istrator for Defense Programs; Dr. Brent that these projects are on time and on budg- cue operations, and law enforcement Park, Deputy Administrator for Defense Nu- et. missions, have been pivotal in helping clear Nonproliferation (Dr. Park is a former First we focused on our oversight on the to shape Department of Homeland Se- Associate Laboratory Director from Oak Uranium Processing Facility in Tennessee. Ridge National Laboratory); and Admiral curity and U.S. Coast Guard appropria- We held routine meetings with the Depart- Frank Caldwell, Deputy Administrator for ment’s leadership to discuss the project— tions for fiscal years 2018 and 2019. Naval Reactors. particularly how the Department imple- As a congressional fellow, he has Our subcommittee has a good record of mented the recommendations of a Red Team served the State of Mississippi, the being the first of the appropriations bills to review, completed in 2014, to get the project Coast Guard, and our Nation admi- be considered by the Committee and by the on track. rably. My staff and I have enjoyed the Senate each year. For each of the past four After completing more than 90% of the de- benefit of Steve’s counsel and have years, Senator Feinstein and I have been sign for the nuclear facilities, NNSA began truly enjoyed working with him. able to have our bill signed into law. construction of the Uranium Processing Fa- Last year, we worked together in a bipar- Steve’s leadership has brought great cility last year. I’d like to hear more about tisan way on the fiscal year 2019 Energy and the progress on construction from the wit- credit to the Coast Guard, and I appre- Water Development Appropriations bill that nesses today. ciate and commend his commitment to was signed into law before the start of the Senator Feinstein and I also worked with continue to serve our nation. fiscal year—the first time that happened the Department on ways to get excess pluto- It is a pleasure to recognize and since 2000. nium out of South Carolina more quickly thank LCDR Steve Davies for his serv- In last year’s appropriations bill we pro- and for less cost. Last year, Secretary Perry ice to this country. My staff and I ex- vided $15.2 billion for the National Nuclear canceled the MOX project in favor of the Di- tend our gratitude to Steve and wish Security Administration, including $1.9 bil- lute and Disposal alternative, which the De- lion for the six life extension programs, partment of Energy estimated will save tax- him ‘‘Fair winds and following seas’’ as which fix or replace components in weapons payers more than $20 billion. I’d like to hear he continues his journey in the U.S. systems to make sure they’re safe and reli- more today on the progress NNSA is making Coast Guard. able. at removing the plutonium from South Caro- f We also funded the Uranium Processing lina. Facility at the Y–12 National Security Com- Lastly, the NNSA is restarting our ability NATIONAL NUCLEAR SECURITY plex at $703 million, which will continue to to make plutonium pits for the stockpile. ADMINISTRATION FISCAL YEAR keep this project on time and on budget, The budget request includes $712 million for 2020 BUDGET REQUEST with a completion year of 2025 at a cost no plutonium sustainment, which is 97% more greater than $6.5 billion. than the current funding level. This difficult, Mr. ALEXANDER. Mr. President, I I look forward to working with Senator but important work, will be done in New ask unanimous consent that a copy of Feinstein on another strong bill this year. Mexico and South Carolina. The NNSA has

VerDate Sep 11 2014 05:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G09AP6.041 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2324 CONGRESSIONAL RECORD — SENATE April 9, 2019 decided to use existing facilities and exper- been there since inception, and others gency Assistance Act to clarify that Na- tise in New Mexico to make some pits, and are second-generation employees, with tional Urban Search and Rescue Response repurpose the MOX facility in South Caro- an average employee tenure of 16 years. System task forces may include Federal em- lina to make the remainder. That’s a good Bill, Gary, and longtime manager ployees. plan and I support it. I want to hear from H.R. 1331. An act to amend the Federal Administrator Gordon-Hagerty today how Salvatore Aiello strive to create a wel- Water Pollution Control Act to reauthorize NNSA is applying the lessons we learned coming and friendly atmosphere and certain programs relating to nonpoint source from UPF and MOX to make sure we get the they have certainly succeeded. management, and for other purposes. Their dedication to fair prices and pit production restart done on time and on The message also announced the made-from-scratch dishes has not gone budget. House has agreed to the following con- Naval Reactors is responsible for all as- unnoticed. They were voted The Best current resolutions, in which it re- pects of nuclear power for our submarines Inexpensive Italian Restaurant in quests the concurrence of the Senate: and aircraft carriers. Naval Reactors has a Miami and received the 5 Kids Crown lot on their plate right now—they are de- Award from South Florida Parenting H. Con. Res. 16. Concurrent resolution au- signing a new reactor core for the next class Magazine for their pizza. They are thorizing the use of the Capitol Grounds for of submarines, refueling a prototype reactor, the National Peace Officers Memorial Serv- and building a new spent fuel processing fa- proud to feed people from diverse socio- ice and the National Honor Guard and Pipe cility for nuclear waste from defense activi- economic and cultural backgrounds Band Exhibition. ties. and remain focused on serving their H. Con. Res. 19. Concurrent resolution au- Admiral Caldwell and I had an opportunity community. thorizing the use of the Capitol Grounds for talk about the new spent fuel processing fa- One example of their efforts to help the Greater Washington Soap Box Derby. cility earlier this week. It is a part of the community members in need was dur- ENROLLED JOINT RESOLUTION SIGNED Navy’s consolidated interim storage for its ing Hurricane Irma recovery, when At 6:34 p.m., a message from the used nuclear fuel. they donated food to the emergency op- House of Representatives, delivered by The Navy’s program shows that it can be erations center in Monroe County. done safely and effectively, but that does not Mrs. Cole, one of its reading clerks, an- replace the need for a permanent repository They are also the official sponsor of nounced that Speaker has signed the at Yucca Mountain. That used nuclear fuel the University of Miami Athletics De- following enrolled joint resolution: partment, providing both the Hurri- will still need to go to Yucca Mountain once S.J. Res. 7. Joint resolution to direct the it is built. I look forward to Admiral canes and their competitors with removal of United States Armed Forces from Caldwell’s comments today on the progress pregame meals. Since their founding, hostilities in the Republic of Yemen that he’s making on his important work, and par- they have served thousands of Univer- have not been authorized by Congress. ticularly how Naval Reactors stores used nu- sity of Miami students and collected f clear fuel. I’d also like to hear what is being more than 200 pieces of original memo- done to keep the new Columbia-Class sub- rabilia. Their dedication to the school MEASURES REFERRED marine design on track. The NNSA needs to complete a lot of im- was recently honored when they were The following bills were read the first portant work, and this work is going to re- chosen to represent the University of and the second times by unanimous quire good planning and effective oversight. Miami during the Taste of the NFL, a consent, and referred as indicated: I look forward to working with Adminis- charity aimed at bringing awareness to H.R. 639. An act to amend section 327 of the trator Gordon-Hagerty as we begin putting the millions of Americans who struggle Robert T. Stafford Disaster Relief and Emer- together our Energy and Water Appropria- with hunger. gency Assistance Act to clarify that Na- tions bill for fiscal year 2020, and also with The Big Cheese is an exemplary com- tional Urban Search and Rescue Response Senator Feinstein, who I will now recognize munity-focused small business. They System task forces may include Federal em- for her opening statement. have remained true to their original ployees; to the Committee on Homeland Se- f values and serve their community in curity and Governmental Affairs. ADDITIONAL STATEMENTS times of need. Like many Main Street H.R. 1331. An act to amend the Federal restaurants throughout our country, Water Pollution Control Act to reauthorize The Big Cheese is a place where com- certain programs relating to nonpoint source RECOGNIZING THE BIG CHEESE OF munity members have gathered and en- management, and for other purposes; to the Committee on Environment and Public MIAMI joyed meals together for decades. By Works. ∑ focusing on quality food and superior Mr. RUBIO. Madam President, as f chairman of the Senate Committee on customer service, The Big Cheese has Small Business and Entrepreneurship, stayed in high demand. It is with great MEASURES DISCHARGED pleasure that I extend my congratula- it is my privilege to recognize a small The following bill was discharged business that exemplifies creativity, tions to Bill, Gary and all of the em- ployees at The Big Cheese. I wish you from the Committee on Commerce, hard work, and dedication to improv- Science, and Transportation and re- ing their community. This week, it is well as you continue serving the people of South Florida, and I look forward to ferred as indicated: my honor to name The Big Cheese of S. 846. A bill to amend title 49, United Miami, FL, as the Senate Small Busi- watching your continued growth and success.∑ States Code, to limit certain rolling stock ness of the Week. procurements, and for other purposes; to the Having just celebrated their 35 year f Committee on Banking, Housing, and Urban anniversary, The Big Cheese has grown MESSAGES FROM THE HOUSE Affairs. from a 12-seat and 2-person operation At 10:02 a.m., a message from the f to a landmark Miami Italian res- House of Representatives, delivered by MEASURES READ THE FIRST TIME taurant. Lifelong friends Bill Archer Mr. Novotny, one of its reading clerks, and Garry Duell founded The Big announced that the House has passed The following bill was read the first Cheese in 1984 and due to their rapid the following bill, in which it requests time: success, expanded to a larger location the concurrence of the Senate: H.R. 1585. An act to reauthorize the Vio- across the street. Bill is the culinary H.R. 2030. An act to direct the Secretary of lence Against Women Act of 1994, and for expert of the duo and has developed the Interior to execute and carry out agree- other purposes. original recipes for all 120 items on the ments concerning Colorado River Drought f menu, while Garry focuses on the day- Contingency Management and Operations, to-day operations. Along the way, they and for other purposes. EXECUTIVE AND OTHER have shared in the restaurant’s suc- At 11:52 a.m., a message from the COMMUNICATIONS cess. House of Representatives, delivered by The following communications were Today, The Big Cheese remains fam- Mr. Novotny, one of its reading clerks, laid before the Senate, together with ily-oriented and affordable and uses announced that the House has passed accompanying papers, reports, and doc- only the finest ingredients. They have the following bills, in which it requests uments, and were referred as indicated: an extensive menu that includes every- the concurrence of the Senate: EC–855. A communication from the Vice thing from Italian favorites to Miami H.R. 639. An act to amend section 327 of the President, Government Relations, Tennessee classics. Many of their employees have Robert T. Stafford Disaster Relief and Emer- Valley Authority, transmitting, pursuant to

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.045 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2325 law, the Authority’s Statistical Summary partment of Commerce, transmitting, pursu- eries of the Exclusive Economic Zone Off for fiscal year 2018; to the Committee on En- ant to law, the report of a rule entitled Alaska; Alaska Plaice in the Bering Sea and vironment and Public Works. ‘‘Fisheries of the Caribbean, Gulf of Mexico, Aleutian Islands Management Area’’ EC–856. A communication from the Assist- and South Atlantic; Reef Fish Fishery of the (RIN0648–XG317) received in the Office of the ant Secretary for Legislation, Department of Gulf of Mexico; 2018 Recreational Fishing President of the Senate on April 3, 2019; to Health and Human Services, transmitting, Seasons for Red Snapper in the Gulf of Mex- the Committee on Commerce, Science, and pursuant to law, a report entitled ‘‘Annual ico’’ (RIN0648–XG060) received in the Office Transportation. Report to Congress on the Open Payments of the President of the Senate on April 3, EC–874. A communication from the Acting Program’’; to the Committee on Finance. 2019; to the Committee on Commerce, Director, Office of Sustainable Fisheries, De- EC–857. A communication from the Assist- Science, and Transportation. partment of Commerce, transmitting, pursu- ant Secretary for Legislation, Department of EC–866. A communication from the Acting ant to law, the report of a rule entitled Health and Human Services, transmitting, Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone pursuant to law, a report entitled ‘‘Annual partment of Commerce, transmitting, pursu- Off Alaska; Reallocation of Pollock in the Report to Congress on the Medicare and ant to law, the report of a rule entitled Bering Sea Subarea’’ (RIN0648–XG444) re- Medicaid Integrity Programs Report for Fis- ‘‘Snapper-Grouper Fishery of the South At- ceived in the Office of the President of the cal Year 2017’’; to the Committee on Finance. lantic; 2018 Commercial Accountability Senate on April 3, 2019; to the Committee on EC–858. A communication from the Assist- Measure and Closure for the Other Jacks Commerce, Science, and Transportation. ant Secretary for Legislation, Department of Complex’’ (RIN0648–XG420) received in the EC–875. A communication from the Direc- Health and Human Services, transmitting, Office of the President of the Senate on April tor, Office of Sustainable Fisheries, Depart- pursuant to law, an annual report relative to 3, 2019; to the Committee on Commerce, ment of Commerce, transmitting, pursuant the implementation of the Age Discrimina- Science, and Transportation. to law, the report of a rule entitled ‘‘Fish- tion Act of 1975 for fiscal year 2018; to the EC–867. A communication from the Acting eries of the Exclusive Economic Zone Off Committee on Health, Education, Labor, and Director, Office of Sustainable Fisheries, De- Alaska; Other Flatfish in the Bering Sea and Pensions. partment of Commerce, transmitting, pursu- Aleutian Islands Management Area’’ EC–859. A communication from the Attor- ant to law, the report of a rule entitled (RIN0648–XG316) received in the Office of the ney-Advisor, U.S. Coast Guard, Department ‘‘Fisheries of the Northeastern United President of the Senate on April 3, 2019; to of Homeland Security, transmitting, pursu- States; Northeast Multispecies Fishery; Gulf the Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘Se- of Maine Haddock Trimester Total Allowable Transportation. curity Zone; Corpus Christi Ship Channel, Catch Area Closure for the Common Pool EC–876. A communication from the Acting Corpus Christi, TX’’ ((RIN1625–AA87) (Docket Fishery’’ (RIN0648–XG318) received in the Of- Director, Office of Sustainable Fisheries, De- No. USCG–2019–0149)) received in the Office of fice of the President of the Senate on April partment of Commerce, transmitting, pursu- the President of the Senate on April 3, 2019; 3, 2019; to the Committee on Commerce, ant to law, the report of a rule entitled to the Committee on Commerce, Science, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone and Transportation. EC–868. A communication from the Acting Off Alaska; Pacific Cod in the Bering Sea and EC–860. A communication from the Attor- Director, Office of Sustainable Fisheries, De- Aleutian Islands Management Area’’ ney-Advisor, U.S. Coast Guard, Department partment of Commerce, transmitting, pursu- (RIN0648–XG429) received in the Office of the of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘At- President of the Senate on April 3, 2019; to ant to law, the report of a rule entitled lantic Highly Migratory Species; Commer- the Committee on Commerce, Science, and ‘‘Safety Zone; Patuxent River, Patuxent cial Aggregated Large Costal Shark and Transportation. River, MD’’ ((RIN1625–AA00) (Docket No. Hammerhead Shark Management Group Re- EC–877. A communication from the Acting USCG–2019–0167)) received in the Office of the tention Limit Adjustment’’ (RIN0648–XG325) Director, Office of Sustainable Fisheries, De- President of the Senate on April 3, 2019; to received in the Office of the President of the partment of Commerce, transmitting, pursu- the Committee on Commerce, Science, and Senate on April 3, 2019; to the Committee on ant to law, the report of a rule entitled Transportation. Commerce, Science, and Transportation. ‘‘Fisheries of the Exclusive Economic Zone EC–861. A communication from the Attor- EC–869. A communication from the Acting Off Alaska; Pacific Cod by Catcher Vessels ney-Advisor, U.S. Coast Guard, Department Director, Office of Sustainable Fisheries, De- Greater Than or Equal to 50 Feet in Length of Homeland Security, transmitting, pursu- partment of Commerce, transmitting, pursu- Overall Using Hook-and-Line Gear in the ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘At- Central Regulatory Area of the Gulf of Alas- ‘‘Safety Zone; Cape Fear River, Wilmington, lantic Highly Migratory Species; Atlantic ka’’ (RIN0648–XG394) received in the Office of NC’’ ((RIN1625–AA00) (Docket No. USCG– Bluefin Tuna Fisheries’’ (RIN0648–XG534) re- the President of the Senate on April 3, 2019; 2018–1067)) received in the Office of the Presi- ceived in the Office of the President of the to the Committee on Commerce, Science, dent of the Senate on April 3, 2019; to the Senate on April 3, 2019; to the Committee on and Transportation. Committee on Commerce, Science, and Commerce, Science, and Transportation. EC–878. A communication from the Acting Transportation. EC–870. A communication from the Acting Director, Office of Sustainable Fisheries, De- EC–862. A communication from the Attor- Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled ‘‘At- ‘‘Fisheries of the Exclusive Economic Zone ant to law, the report of a rule entitled lantic Highly Migratory Species; Atlantic Off Alaska; Pacific Cod by Trawl Catcher ‘‘Safety Zone; Missouri River, Miles 226–360, Bluefin Tuna Fisheries’’ (RIN0648–XG366) re- Vessels in the Central Regulatory Area of Glasgow, MO to Kansas City, MO’’ ((RIN1625– ceived in the Office of the President of the the Gulf of Alaska’’ (RIN0648–XG396) received AA00) (Docket No. USCG–2019–0202)) received Senate on April 3, 2019; to the Committee on in the Office of the President of the Senate in the Office of the President of the Senate Commerce, Science, and Transportation. on April 3, 2019; to the Committee on Com- on April 3, 2019; to the Committee on Com- EC–871. A communication from the Acting merce, Science, and Transportation. merce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- EC–879. A communication from the Acting EC–863. A communication from the Attor- partment of Commerce, transmitting, pursu- Director, Office of Sustainable Fisheries, De- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- of Homeland Security, transmitting, pursu- ‘‘Fisheries of the Caribbean, Gulf of Mexico, ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Spe- and South Atlantic; 2018 Commercial Ac- ‘‘Fisheries of the Exclusive Economic Zone cial Local Regulation; Monongahela, Alle- countability Measures and Closure for Atlan- Off Alaska; Inseason Adjustment to the 2018 gheny, and Ohio Rivers, Pittsburgh, Pennsyl- tic Migratory Group Cobia’’ (RIN0648–XG435) Gulf of Alaska Pollock Seasonal Apportion- vania’’ ((RIN1625–AA08) (Docket No. USCG– received in the Office of the President of the ments’’ (RIN0648–XG378) received in the Of- 2019–0168)) received in the Office of the Presi- Senate on April 3, 2019; to the Committee on fice of the President of the Senate on April dent of the Senate on April 3, 2019; to the Commerce, Science, and Transportation. 3, 2019; to the Committee on Commerce, Committee on Commerce, Science, and EC–872. A communication from the Acting Science, and Transportation. Transportation. Director, Office of Sustainable Fisheries, De- EC–880. A communication from the Acting EC–864. A communication from the Attor- partment of Commerce, transmitting, pursu- Director, Office of Sustainable Fisheries, De- ney-Advisor, U.S. Coast Guard, Department ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- of Homeland Security, transmitting, pursu- ‘‘Snapper-Grouper Fishery of the South At- ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Spe- lantic; 2018 Recreational Accountability ‘‘Fisheries of the Exclusive Economic Zone cial Local Regulation; Chesapeake Bay, Be- Measure and Closure for South Atlantic Off Alaska; Reallocation of Pacific Cod in tween Sandy Point and Kent Island, MD’’ Golden Tilefish’’ (RIN0648–XG440) received in the Bering Sea and Aleutian Islands Manage- ((RIN1625–AA08) (Docket No. USCG–2018– the Office of the President of the Senate on ment Area’’ (RIN0648–XG428) received in the 1102)) received in the Office of the President April 3, 2019; to the Committee on Com- Office of the President of the Senate on April of the Senate on April 3, 2019; to the Com- merce, Science, and Transportation. 3, 2019; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- EC–873. A communication from the Direc- Science, and Transportation. tation. tor, Office of Sustainable Fisheries, Depart- EC–881. A communication from the Direc- EC–865. A communication from the Acting ment of Commerce, transmitting, pursuant tor, Office of Sustainable Fisheries, Depart- Director, Office of Sustainable Fisheries, De- to law, the report of a rule entitled ‘‘Fish- ment of Commerce, transmitting, pursuant

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.009 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2326 CONGRESSIONAL RECORD — SENATE April 9, 2019 to law, the report of a rule entitled ‘‘Fish- Progress Toward the Strategic Plan to Im- to the Committee on Environment and Pub- eries of the Exclusive Economic Zone Off prove Capabilities of Department of Defense lic Works. Alaska; Atka Mackerel in the Bering Sea Training Ranges and Installations’’; to the EC–898. A communication from the Direc- and Aleutian Islands Management Area’’ Committee on Armed Services. tor of the Regulatory Management Division, (RIN0648–XG426) received in the Office of the EC–890. A communication from the Senior Environmental Protection Agency, transmit- President of the Senate on April 3, 2019; to Official performing the duties of the Under ting, pursuant to law, the report of a rule en- the Committee on Commerce, Science, and Secretary of Defense (Personnel and Readi- titled ‘‘Delaware: Outer Continental Shelf Transportation. ness), transmitting the report of five (5) offi- Regulations; Consistency Update for Dela- EC–882. A communication from the Acting cers authorized to wear the insignia of the ware’’ (FRL No. 9990–18–Region 3) received in Director, Office of Sustainable Fisheries, De- grade of rear admiral (lower half) in accord- the Office of the President of the Senate on partment of Commerce, transmitting, pursu- ance with title 10, United States Code, sec- April 2, 2019; to the Committee on Environ- ant to law, the report of a rule entitled tion 777, this will not cause the Department ment and Public Works. ‘‘Fisheries of the Exclusive Economic Zone to exceed the number of frocked officers au- EC–899. A communication from the Direc- Off Alaska; Deep-Water Species Fishery by thorized; to the Committee on Armed Serv- tor of the Regulatory Management Division, Vessels Using Trawl Gear in the Gulf of Alas- ices. Environmental Protection Agency, transmit- ka’’ (RIN0648–XG192) received in the Office of EC–891. A communication from the Direc- ting, pursuant to law, the report of a rule en- the President of the Senate on April 3, 2019; tor of Legislative Affairs, Federal Deposit titled ‘‘PA SSI Federal Plan Delegation’’ to the Committee on Commerce, Science, Insurance Corporation, transmitting, pursu- (FRL No. 9991–56–Region 3) received in the and Transportation. ant to law, the report of a rule entitled Office of the President of the Senate on April EC–883. A communication from the Direc- ‘‘Margin and Capital Requirements for Cov- 2, 2019; to the Committee on Environment tor of the Regulatory Management Division, ered Swap Entities’’ (RIN3064–AF00) received and Public Works. Environmental Protection Agency, transmit- in the Office of the President of the Senate EC–900. A communication from the Assist- ting, pursuant to law, the report of a rule en- on April 2, 2019; to the Committee on Bank- ant General Counsel, General Law, Ethics, titled ‘‘2-methyl-2-[(1-oxo-2-propenyl)amino]- ing, Housing, and Urban Affairs. and Regulation, Department of the Treasury, 1-propanesulfonic acid monosodium salt EC–892. A communication from the Execu- transmitting, pursuant to law, six (6) reports polymer with 2-propenoic acid, 2-methyl-, tive Director, Comptroller of the Currency, relative to vacancies in the Department of C12–16 alkyl esters; Tolerance Exemption’’ Department of the Treasury, transmitting, the Treasury, received in the Office of the (FRL No. 9988–62–OCSPP) received in the Of- pursuant to law, the Office of the Comptrol- President of the Senate on April 3, 2019; to fice of the President of the Senate on April ler’s 2018 Office of Minority and Women In- the Committee on Finance. 2, 2019; to the Committee on Agriculture, Nu- clusion Annual Report to Congress; to the EC–901. A communication from the Chief of trition, and Forestry. Committee on Banking, Housing, and Urban the Publications and Regulations Branch, In- EC–884. A communication from the Direc- Affairs. ternal Revenue Service, Department of the tor of the Regulatory Management Division, EC–893. A communication from the Assist- Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- ant General Counsel, General Law, Ethics, report of a rule entitled ‘‘Announcement and ting, pursuant to law, the report of a rule en- and Regulation, Department of the Treasury, Report Concerning Advance Pricing Agree- titled ‘‘Metrafenone; Pesticide Tolerances’’ transmitting, pursuant to law, five (5) re- ments’’ (Announcement 2019–03) received in (FRL No. 9987–14–OCSPP) received in the Of- ports relative to vacancies in the Depart- the Office of the President of the Senate on fice of the President of the Senate on April ment of the Treasury, received in the Office April 2, 2019; to the Committee on Finance. 2, 2019; to the Committee on Agriculture, Nu- of the President of the Senate on April 3, EC–902. A communication from the Chief of trition, and Forestry. 2019; to the Committee on Banking, Housing, the Publications and Regulations Branch, In- EC–885. A communication from the Direc- and Urban Affairs. ternal Revenue Service, Department of the tor of the Regulatory Management Division, EC–894. A communication from the Direc- Treasury, transmitting, pursuant to law, the Environmental Protection Agency, transmit- tor of Legislative Affairs, Federal Deposit report of a rule entitled ‘‘Treasury Decision ting, pursuant to law, the report of a rule en- Insurance Corporation, transmitting, pursu- (TD): Chapter 4 Regulations Relating to titled ‘‘Zoxamide; Pesticide Tolerances’’ ant to law, the report of a rule entitled Verification and Certification Requirements (FRL No. 9987–27–OCSPP) received in the Of- ‘‘Delay of Effective Date; Regulatory Capital for Certain Entities and Reporting by For- fice of the President of the Senate on April Rule: Implementation and Transition of the eign Financial Institutions’’ (RIN1545–BL96) 2, 2019; to the Committee on Agriculture, Nu- Current Expected Credit Losses Methodology received in the Office of the President of the trition, and Forestry. for Allowances and Related Adjustments to Senate on April 2, 2019; to the Committee on EC–886. A communication from the Direc- the Regulatory Capital Rule and Conforming Finance. tor of the Issuances Staff, Food Safety and Amendments to Other Regulations’’ EC–903. A communication from the Chief of Inspection Service, Department of Agri- (RIN3064–AE74) received in the Office of the the Publications and Regulations Branch, In- culture, transmitting, pursuant to law, the President of the Senate on April 3, 2019; to ternal Revenue Service, Department of the report of a rule entitled ‘‘Elimination of the the Committee on Banking, Housing, and Treasury, transmitting, pursuant to law, the Requirement That Livestock Carcases Be Urban Affairs. report of a rule entitled ‘‘Reportable Trans- Marked ‘U.S. Inspected and Passed’ at the EC–895. A communication from the Direc- actions Penalties Under Section 6707A’’ Time of Inspection Within a Slaughter Es- tor of the Regulatory Management Division, (RIN1545–BK62) received in the Office of the tablishment for Carcasses To Be Further Environmental Protection Agency, transmit- President of the Senate on April 2, 2019; to Processed Within the Same Establishment’’ ting, pursuant to law, the report of a rule en- the Committee on Finance. (RIN0583–AD68) received in the Office of the titled ‘‘Air Plan Approval; ID, Kraft Pulp EC–904. A communication from the Chief of President of the Senate on April 4, 2019; to Mill Rule Revisions’’ (FRL No. 9991–71–Re- the Publications and Regulations Branch, In- the Committee on Agriculture, Nutrition, gion 10) received in the Office of the Presi- ternal Revenue Service, Department of the and Forestry. dent of the Senate on April 2, 2019; to the Treasury, transmitting, pursuant to law, the EC–887. A communication from the Sec- Committee on Environment and Public report of a rule entitled ‘‘Offering a Lump- retary of the Commodity Futures Trading Works. Sum Payment Option to Retirees Currently Commission, transmitting, pursuant to law, EC–896. A communication from the Direc- Receiving Annuity Payments Under a De- the report of a rule entitled ‘‘Margin Re- tor of the Regulatory Management Division, fined Benefit Plan’’ (Notice 2019–18) received quirements for Uncleared Swaps for Swap Environmental Protection Agency, transmit- in the Office of the President of the Senate Dealers and Major Swap Participants’’ ting, pursuant to law, the report of a rule en- on April 2, 2019; to the Committee on Fi- (RIN3038–AE85) received in the Office of the titled ‘‘Air Plan Approval; North Carolina: nance. President of the Senate on April 3, 2019; to Readoption of Air Quality Rules and Non-In- EC–905. A communication from the Chief of the Committee on Agriculture, Nutrition, terference Demonstration for Removal of the Publications and Regulations Branch, In- and Forestry. Oxygenated Gasoline Rule’’ (FRL No. 9991– ternal Revenue Service, Department of the EC–888. A communication from the Deputy 63–Region 4) received in the Office of the Treasury, transmitting, pursuant to law, the Secretary of the Commodity Futures Trad- President of the Senate on April 2, 2019; to report of a rule entitled ‘‘Permitted Dis- ing Commission, transmitting, pursuant to the Committee on Environment and Public parity In Employer-Provided Contributions law, the report of a rule entitled ‘‘De Mini- Works. or Benefits’’ (Rev. Rul. 2019–06) received in mis Exception to the Swap Dealer Defini- EC–897. A communication from the Direc- the Office of the President of the Senate on tion—Swaps Entered into by Insured Deposi- tor of the Regulatory Management Division, April 2, 2019; to the Committee on Finance. tory Institutions in Connection with Loans Environmental Protection Agency, transmit- EC–906. A communication from the Chief of to Customers’’ (RIN3038–AE68) received in ting, pursuant to law, the report of a rule en- the Publications and Regulations Branch, In- the Office of the President of the Senate on titled ‘‘Air Quality State Implementation ternal Revenue Service, Department of the April 3, 2019; to the Committee on Agri- Plans; Arizona: Approval and Conditional Treasury, transmitting, pursuant to law, the culture, Nutrition, and Forestry. Approval of State Implementation Plan Re- report of a rule entitled ‘‘Revenue Procedure EC–889. A communication from the Under visions; Maricopa County Air Quality De- 2019–15’’ (Rev. Proc. 2019–15) received during Secretary of Defense (Acquisition and partment; Stationary Source Permits’’ (FRL adjournment of the Senate in the Office of Sustainment), transmitting, pursuant to No. 9991–53–Region 9) received in the Office of the President of the Senate on April 5, 2019; law, a report entitled ‘‘Report to Congress on the President of the Senate on April 2, 2019; to the Committee on Finance.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.011 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2327 EC–907. A communication from the Chief of ant to law, the report of a rule entitled ‘‘Sep- peared in the Congressional Record on Janu- the Publications and Regulations Branch, In- aration Distances of Ammonium Nitrate and ary 15, 2019. (minus 1 nominee: Brig. Gen. ternal Revenue Service, Department of the Blasting Agents From Explosives or Blasting Austin E. Renforth) Treasury, transmitting, pursuant to law, the Agents’’ (RIN1140–AA27) received during ad- *Army nomination of Gen. Stephen J. report of a rule entitled ‘‘Tax Benefit Rule journment of the Senate in the Office of the Townsend, to be General. and Section 164(b) (6)’’ (Rev. Rul. 2019–11) re- President of the Senate on April 5, 2019; to Army nomination of Lt. Gen. Timothy J. ceived during adjournment of the Senate in the Committee on the Judiciary. Kadavy, to be Lieutenant General. the Office of the President of the Senate on EC–917. A communication from the Deputy Navy nomination of Rear Adm. James W. April 5, 2019; to the Committee on Finance. Chief, Mobility Division, Federal Commu- Kilby, to be Vice Admiral. EC–908. A communication from the Assist- nications Commission, transmitting, pursu- Air Force nomination of Lt. Gen. Jeffrey ant Secretary, Legislative Affairs, Depart- ant to law, the report of a rule entitled L. Harrigian, to be General. ment of State, transmitting, pursuant to ‘‘Amendment of Parts 1 and 22 of the Com- *Air Force nomination of Gen. Tod D. law, the Department’s Annual Report of mission’s Rules with Regard to the Cellular Wolters, to be General. Interdiction of Aircraft Engaged in Illicit Service, Including Changes in Licensing of Air Force nominations beginning with Drug Trafficking; to the Committee on For- Unserved Area, et al.’’ ((WT Docket No. 12– Brig. Gen. Christopher P. Azzano and ending eign Relations. 40) (FCC 19–26)) received in the Office of the with Brig. Gen. Craig D. Wills, which nomi- EC–909. A communication from the Assist- President of the Senate on April 4, 2019; to nations were received by the Senate and ap- ant Secretary, Legislative Affairs, Depart- the Committee on Commerce, Science, and peared in the Congressional Record on April ment of State, transmitting, pursuant to Transportation. 1, 2019. section 36(c) of the Arms Export Control Act, EC–918. A communication from the Attor- Mr. INHOFE. Mr. President, for the the certification of a proposed license for the ney-Advisor, Office of General Counsel, De- Committee on Armed Services I report export of defense articles, including tech- partment of Transportation, transmitting, favorably the following nomination nical data and defense services, to Denmark, pursuant to law, a report relative to a va- lists which were printed in the RECORDs Italy, Japan, and the Netherlands to support cancy for the position of Administrator, Na- on the dates indicated, and ask unani- the design, development, and manufacture of tional Highway Traffic Safety Administra- composite components and subassemblies for tion, Department of Transportation, received mous consent, to save the expense of the F–35 Aircraft Center Fuselage in the in the Office of the President of the Senate reprinting on the Executive Calendar amount of $100,000,000 or more (Transmittal on April 3, 2019; to the Committee on Com- that these nominations lie at the Sec- No. DDTC 18–001); to the Committee on For- merce, Science, and Transportation. retary’s desk for the information of eign Relations. EC–919. A communication from the Execu- Senators. EC–910. A communication from the Assist- tive Director, Office of Congressional Work- The PRESIDING OFFICER. Without ant Secretary, Legislative Affairs, Depart- place Rights, transmitting, pursuant to Sec- objection, it is so ordered. ment of State, transmitting, pursuant to tion 303(a) of the Congressional Account- section 36(c) of the Arms Export Control Act, Air Force nominations beginning with ability Act, a report relative to adoption of Jeremiah L. Blackburn and ending with the certification of a proposed license for the rules governing the procedures of the Office export of defense articles, including tech- Thomas A. Webb, which nominations were of Congressional Workplace Rights, received received by the Senate and appeared in the nical data and defense services, to Australia, in the office of the President pro tempore of Italy, Japan, and the Netherlands to support Congressional Record on February 25, 2019. the Senate; to the Committee on Homeland Air Force nominations beginning with La the manufacture of composite components Security and Governmental Affairs. and subassemblies for the F–35 Lightning II Tanya D. Austin and ending with Luis E. Aircraft in the amount of $100,000,000 or more f Millan, which nominations were received by the Senate and appeared in the Congres- (Transmittal No. DDTC 17–078); to the Com- PETITIONS AND MEMORIALS mittee on Foreign Relations. sional Record on March 26, 2019. EC–911. A communication from the Direc- The following petitions and memo- Air Force nominations beginning with Mi- tor, Office of Workers’ Compensation Pro- rials were laid before the Senate and chael T. Charlton and ending with Robert T. grams, Department of Labor, transmitting, were referred or ordered to lie on the Ungerman III, which nominations were re- ceived by the Senate and appeared in the pursuant to law, Secretary of Labor’s re- table as indicated: sponse to the Office of the Ombudsman’s 2017 Congressional Record on March 26, 2019. POM–28. A resolution adopted by the Annual Report; to the Committee on Health, Air Force nominations beginning with Mayor and City Commission of the City of Education, Labor, and Pensions. Elissa R. Ballas and ending with Matthew W. EC–912. A communication from the Direc- Miami Beach, Florida, urging the United Booth, which nominations were received by tor, Bureau of Consumer Financial Protec- States Congress to support temporary pro- the Senate and appeared in the Congres- tion, transmitting, pursuant to law, the Bu- tective status for the Venezuelan community sional Record on March 26, 2019. reau’s fiscal year 2017 Federal Activities In- and to support the efforts of Venezuelan in- Air Force nomination of Brian C. Bane, to ventory Reform (FAIR) Act submission of its terim President Juan Guaido to bring hu- be Major. Air Force nomination of Benjamin D. commercial and inherently governmental ac- manitarian relief to the people of Venezuela Ramos, to be Major. tivities; to the Committee on Homeland Se- and diplomatic efforts to promote democracy Air Force nomination of Christopher D. curity and Governmental Affairs. in Venezuela; to the Committee on Foreign EC–913. A communication from the Chief Relations. Black, to be Major. Army nomination of Jason A. Anthes, to Judge, Superior Court of the District of Co- POM–29. A petition from a citizen of the be Major. lumbia, transmitting, pursuant to law, a re- State of Texas relative to constitutional Army nomination of Robin N. Scott, to be port relative to the District of Columbia conventions; to the Committee on the Judi- ciary. Lieutenant Colonel. Family Court Act; to the Committee on Army nomination of Matthew R. Thom, to Homeland Security and Governmental Af- f be Lieutenant Colonel. fairs. REPORTS OF COMMITTEES Army nomination of David M. Powell, to EC–914. A communication from the Assist- be Major. ant Secretary for Administration and Man- The following reports of committees Army nomination of Ford M. Lannan, to be agement, Department of Labor, transmit- were submitted: Major. ting, pursuant to law, the Uniform Resource Army nomination of Luke A. Randall, to By Mr. HOEVEN, from the Committee on Locator (URL) for the Department of Labor’s be Major. Indian Affairs, without amendment: 2017 FAIR Act Inventory of Inherently Gov- Army nomination of Mark M. Kuba, to be S. 226. A bill to clarify the rights of Indians ernmental Activities and Inventory of Com- Colonel. and Indian Tribes on Indian lands under the mercial Activities; to the Committee on Army nomination of Rhana S. Kurdi, to be National Labor Relations Act (Rept. No. 116– Homeland Security and Governmental Af- Lieutenant Colonel. fairs. 30). Army nomination of Michael D. Norton, to EC–915. A communication from the Attor- f be Lieutenant Colonel. ney-Advisor, Department of Homeland Secu- Army nomination of Jason A. Byers, to be rity, transmitting, pursuant to law, the re- EXECUTIVE REPORTS OF Major. port of a rule entitled ‘‘Civil Monetary Pen- COMMITTEES Army nomination of Nathaniel C. Curley, alty Adjustments for Inflation’’ (RIN1601– The following executive reports of to be Major. AA80) received in the Office of the President Army nomination of Sewhan Kim, to be of the Senate on April 3, 2019; to the Com- nominations were submitted: Lieutenant Colonel. mittee on Homeland Security and Govern- By Mr. INHOFE for the Committee on Army nomination of Early Howard, Jr., to mental Affairs. Armed Services. be Lieutenant Colonel. EC–916. A communication from the Chief of Marine Corps nominations beginning with Army nomination of Isaac L. Henderson, to the Office of Regulatory Affairs, Bureau of Brig. Gen. Julian D. Alford and ending with be Lieutenant Colonel. Alcohol, Tobacco, Firearms, and Explosives, Brig. Gen. Stephen D. Sklenka, which nomi- Army nomination of James A. Broadie, to Department of Justice, transmitting, pursu- nations were received by the Senate and ap- be Major.

VerDate Sep 11 2014 05:43 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.013 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2328 CONGRESSIONAL RECORD — SENATE April 9, 2019 Army nomination of Brandon E. Resor, to transgender youth and their families; to the By Mr. WARNER (for himself and Mrs. be Major. Committee on Health, Education, Labor, and FISCHER): Navy nominations beginning with Shawn Pensions. S. 1084. A bill to prohibit the usage of ex- D. Trulove and ending with Dena R. Boyd, By Mr. SCHATZ (for himself, Mr. LEE, ploitative and deceptive practices by large which nominations were received by the Sen- and Mr. DURBIN): online operators and to promote consumer ate and appeared in the Congressional S. 1074. A bill to reinstate Federal Pell welfare in the use of behavioral research by Record on March 26, 2019. Grant eligibility for individuals incarcerated such providers; to the Committee on Com- Navy nomination of Charles E. Jenkins IV, in Federal and State penal institutions, and merce, Science, and Transportation. to be Commander. for other purposes; to the Committee on By Mr. PETERS (for himself, Mr. By Mr. ALEXANDER for the Committee Health, Education, Labor, and Pensions. ALEXANDER, and Ms. STABENOW): on Health, Education, Labor, and Pensions. By Mr. WICKER (for himself, Mr. S. 1085. A bill to support research, develop- *Gordon Hartogensis, of Connecticut, to be CARDIN, Mr. RUBIO, Mr. TILLIS, Mr. ment, and other activities to develop innova- Director of the Pension Benefit Guaranty DURBIN, and Mr. VAN HOLLEN): tive vehicle technologies, and for other pur- Corporation for a term of five years. S. 1075. A bill to advocate for the release of poses; to the Committee on Energy and Nat- United States citizens and locally employed ural Resources. *Nomination was reported with rec- diplomatic staff unlawfully detained in Tur- ommendation that it be confirmed sub- By Mr. BOOKER (for himself, Ms. key, and for other purposes; to the Com- BALDWIN, Mr. MURPHY, Mr. ject to the nominee’s commitment to mittee on Foreign Relations. BLUMENTHAL, Ms. WARREN, Ms. respond to requests to appear and tes- By Mr. SULLIVAN (for himself and ROSEN, Mr. WHITEHOUSE, Ms. SMITH, tify before any duly constituted com- Mrs. GILLIBRAND): Mrs. SHAHEEN, Mr. SANDERS, Mr. S. 1076. A bill to amend title 36, United mittee of the Senate. KAINE, Ms. HARRIS, Mr. WYDEN, Mr. States Code, to designate October 1 as MERKLEY, Mrs. MURRAY, Mr. VAN (Nominations without an asterisk Choose Respect Day, and for other purposes; HOLLEN, Mrs. GILLIBRAND, Mr. MAR- were reported with the recommenda- to the Committee on the Judiciary. tion that they be confirmed.) KEY, Mr. BROWN, and Ms. HIRONO): By Mr. CARDIN: S. 1086. A bill to establish certain duties S. 1077. A bill to establish a pilot program f for pharmacies to ensure provision of Food awarding competitive grants to organiza- and Drug Administration-approved contra- INTRODUCTION OF BILLS AND tions administering entrepreneurial develop- ception, medication related to contracep- JOINT RESOLUTIONS ment programming to formerly incarcerated tion, and for other purposes; to the Com- individuals, and for other purposes; to the The following bills and joint resolu- mittee on Health, Education, Labor, and Committee on Small Business and Entrepre- Pensions. tions were introduced, read the first neurship. By Mr. BARRASSO (for himself, Mr. and second times by unanimous con- By Mr. PERDUE (for himself and Mr. DAINES, Mr. INHOFE, Mrs. CAPITO, Mr. sent, and referred as indicated: WHITEHOUSE): ENZI, and Mr. CRAMER): By Mr. CARDIN (for himself, Ms. HAR- S. 1078. A bill to amend title 44, United States Code, to modernize the Federal Reg- S. 1087. A bill to amend the Federal Water RIS, Mr. BOOKER, Mr. LEAHY, Mr. Pollution Control Act to make changes with BLUMENTHAL, Mr. REED, Ms. WARREN, ister, and for other purposes; to the Com- mittee on Homeland Security and Govern- respect to water quality certification, and Mr. VAN HOLLEN, Mr. SANDERS, Mrs. for other purposes; to the Committee on En- MURRAY, Ms. SMITH, Ms. HIRONO, Ms. mental Affairs. By Mr. UDALL (for himself and Mr. vironment and Public Works. KLOBUCHAR, Mrs. GILLIBRAND, Mr. By Mr. MARKEY (for himself, Mr. DURBIN, Mr. WHITEHOUSE, Mr. MAR- HEINRICH): BLUMENTHAL, Ms. HIRONO, Ms. HAR- KEY, Mr. COONS, Mr. CASEY, Mr. S. 1079. A bill to provide for the withdrawal RIS, Mr. LEAHY, Ms. KLOBUCHAR, Ms. BROWN, and Mr. WYDEN): and protection of certain Federal land in the SMITH, Mr. BOOKER, Mrs. SHAHEEN, S. 1068. A bill to secure the Federal voting State of New Mexico; to the Committee on Mr. MURPHY, Mr. WYDEN, Mr. rights of persons when released from incar- Energy and Natural Resources. MERKLEY, and Mr. DURBIN): ceration; to the Committee on the Judiciary. By Mr. BOOKER: S. 1080. A bill to amend the Second Chance S. 1088. A bill to amend the Immigration By Ms. BALDWIN (for herself, Ms. Act of 2007 to require identification for re- and Nationality Act to require the President MURKOWSKI, Ms. CANTWELL, and Mr. turning citizens, and for other purposes; to to set a minimum annual goal for the num- SULLIVAN): the Committee on the Judiciary. ber of refugees to be admitted, and for other S. 1069. A bill to require the Secretary of By Mr. MANCHIN (for himself, Mr. purposes; to the Committee on the Judici- Commerce, acting through the Adminis- GARDNER, Ms. CANTWELL, Mr. BURR, ary. trator of the National Oceanic and Atmos- Mr. BENNET, Ms. COLLINS, Mr. By Mr. ROBERTS (for himself, Mr. pheric Administration, to establish a con- TESTER, Mr. DAINES, Mr. UDALL, Mr. KING, Mr. ISAKSON, and Mr. MANCHIN): stituent-driven program to provide a digital ALEXANDER, Mr. HEINRICH, Mr. GRA- S. 1089. A bill to amend the Internal Rev- information platform capable of efficiently HAM, Mr. KING, and Mrs. SHAHEEN): enue Code of 1986 to repeal the amendments integrating coastal data with decision-sup- S. 1081. A bill to amend title 54, United made by the Patient Protection and Afford- port tools, training, and best practices and States Code, to provide permanent, dedi- able Care Act which disqualify expenses for to support collection of priority coastal cated funding for the Land and Water Con- over-the-counter drugs under health savings geospatial data to inform and improve local, servation Fund, and for other purposes; to accounts and health flexible spending ar- State, regional, and Federal capacities to the Committee on Energy and Natural Re- rangements; to the Committee on Finance. manage the coastal region, and for other sources. By Mr. ENZI: purposes; to the Committee on Commerce, By Mrs. MURRAY (for herself, Ms. S. 1090. A bill to require the Internal Rev- Science, and Transportation. HARRIS, Mr. MERKLEY, Ms. WARREN, enue Service to provide Congress with suffi- By Mr. KAINE: Mrs. GILLIBRAND, Mr. BLUMENTHAL, cient notice prior to the closing of any Tax- S. 1070. A bill to require the Secretary of Ms. BALDWIN, Mr. CASEY, Mr. SAND- payer Assistance Center; to the Committee Health and Human Services to fund dem- ERS, Mr. KAINE, Mr. BROWN, Mr. MAR- on Finance. onstration projects to improve recruitment KEY, Ms. ROSEN, Ms. KLOBUCHAR, Mr. By Mr. GRASSLEY (for himself, Mr. and retention of child welfare workers; to CARDIN, Mr. VAN HOLLEN, Mr. BOOK- WHITEHOUSE, Mr. TILLIS, Ms. KLO- the Committee on Health, Education, Labor, ER, Mr. DURBIN, and Ms. DUCKWORTH): BUCHAR, Ms. ERNST, and Mr. and Pensions. S. 1082. A bill to prevent discrimination BLUMENTHAL): By Mrs. SHAHEEN (for herself and Ms. and harassment in employment; to the Com- S. 1091. A bill to amend chapter 11 of title MURKOWSKI): mittee on Health, Education, Labor, and 11, United States Code, to address reorga- S. 1071. A bill to support empowerment, Pensions. nization of small businesses, and for other economic security, and educational opportu- By Mr. BOOKER: purposes; to the Committee on the Judici- nities for adolescent girls around the world, S. 1083. A bill to address the fundamental ary. and for other purposes; to the Committee on injustice, cruelty, brutality, and inhumanity By Mr. CRUZ: Foreign Relations. of slavery in the United States and the 13 S. 1092. A bill to impose sanctions with re- By Mr. BRAUN: American colonies between 1619 and 1865 and spect to the theft of United States intellec- S. 1072. A bill to amend the Higher Edu- to establish a commission to study and con- tual property by Chinese persons, and for cation Act of 1965 to establish a Job Training sider a national apology and proposal for other purposes; to the Committee on Foreign Federal Pell Grants demonstration program, reparations for the institution of slavery, its Relations. and for other purposes; to the Committee on subsequent d jure and de facto racial and By Mr. UDALL (for himself and Mr. Health, Education, Labor, and Pensions. economic discrimination against African- HEINRICH): By Mr. KAINE (for himself and Ms. Americans, and the impact of these forces on S. 1093. A bill to award a Congressional BALDWIN): living African-Americans, to make rec- Gold Medal to the troops from the United S. 1073. A bill to amend the Child Abuse ommendations to the Congress on appro- States and the Philippines who defended Ba- Prevention and Treatment Act to ensure priate remedies, and for other purposes; to taan and Corregidor, in recognition of their protections for lesbian, gay, bisexual, and the Committee on the Judiciary. personal sacrifice and service during World

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.020 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2329 War II; to the Committee on Banking, Hous- ant Principals Week’’; to the Committee on (Mr. HEINRICH) was added as a cospon- ing, and Urban Affairs. Health, Education, Labor, and Pensions. sor of S. 267, a bill to provide for a gen- By Ms. STABENOW (for herself, Mr. By Mr. MENENDEZ (for himself, Mr. eral capital increase for the North ALEXANDER, Mr. PETERS, and Ms. CRUZ, Mr. VAN HOLLEN, Ms. STABE- American Development Bank, and for COLLINS): NOW, Mr. MARKEY, Ms. WARREN, Mr. S. 1094. A bill to amend the Internal Rev- PETERS, Mrs. FEINSTEIN, Mr. WYDEN, other purposes. enue Code of 1986 to modify limitations on Ms. DUCKWORTH, Mr. RUBIO, Mr. S. 296 the credit for plug-in electric drive motor ve- REED, Mr. SCHUMER, Mr. GARDNER, At the request of Ms. COLLINS, the hicles, and for other purposes; to the Com- Mr. UDALL, and Ms. HARRIS): names of the Senator from Ohio (Mr. S. Res. 150. A resolution expressing the mittee on Finance. BROWN) and the Senator from Ohio (Mr. By Ms. HARRIS (for herself, Ms. COR- sense of the Senate that it is the policy of PORTMAN) were added as cosponsors of TEZ MASTO, Mr. DURBIN, Ms. BALD- the United States to commemorate the Ar- S. 296, a bill to amend XVIII of the So- WIN, Mr. BENNET, Mr. BLUMENTHAL, menian Genocide through official recogni- Mr. BOOKER, Mr. BROWN, Mr. CARPER, tion and remembrance; to the Committee on cial Security Act to ensure more time- Mr. CASEY, Mrs. GILLIBRAND, Ms. Foreign Relations. ly access to home health services for HIRONO, Ms. KLOBUCHAR, Mr. MAR- By Mr. MCCONNELL (for himself and Medicare beneficiaries under the Medi- KEY, Mr. MENENDEZ, Mr. MERKLEY, Mr. SCHUMER): care program. S. Res. 151. A resolution to authorize testi- Mrs. MURRAY, Ms. ROSEN, Mr. SAND- S. 513 ERS, Ms. SMITH, Mr. VAN HOLLEN, Ms. mony, documents, and representation in At the request of Ms. HARRIS, the WARREN, and Mr. WYDEN): United States v. Pratersch; considered and S. 1095. A bill to enable the payment of cer- agreed to. name of the Senator from Arizona (Ms. tain officers and employees of the United By Mr. LANKFORD (for himself, Mr. MCSALLY) was added as a cosponsor of States whose employment is authorized MENENDEZ, Mr. GARDNER, and Mr. S. 513, a bill to amend title 18, United under the Deferred Action for Childhood Ar- MARKEY): States Code, with respect to civil for- rivals program, and for other purposes; to S. Res. 152. A resolution expressing the im- feitures relating to certain seized ani- portance of the United States alliance with the Committee on Appropriations. mals, and for other purposes. By Mr. ROUNDS (for himself and Mrs. the Republic of Korea and the contributions S. 521 SHAHEEN): of Korean Americans in the United States; to S. 1096. A bill to amend title 10, United the Committee on Foreign Relations. At the request of Mr. BROWN, the States Code, to modify semiannual briefings f name of the Senator from Oregon (Mr. on the consolidated corrective action plan of MERKLEY) was added as a cosponsor of ADDITIONAL COSPONSORS the Department of Defense for financial S. 521, a bill to amend title II of the So- management information; to the Committee S. 91 cial Security Act to repeal the Govern- on Armed Services. At the request of Mr. GARDNER, the ment pension offset and windfall elimi- By Mr. MARKEY (for himself, Ms. name of the Senator from Nevada (Ms. nation provisions. WARREN, and Mr. BLUMENTHAL): OSEN R ) was added as a cosponsor of S. S. 586 S. 1097. A bill to amend title 49, United 91, a bill to amend title 38, United States Code, to improve pipeline safety, and At the request of Mr. ROBERTS, the States Code, to authorize per diem pay- for other purposes; to the Committee on names of the Senator from North Da- ments under comprehensive service Commerce, Science, and Transportation. kota (Mr. CRAMER) and the Senator programs for homeless veterans to fur- By Mr. CARDIN (for himself and Mr. from Kansas (Mr. MORAN) were added ICKER nish care to dependents of homeless W ): as cosponsors of S. 586, a bill to amend S. 1098. A bill to amend title 23, United veterans, and for other purposes. title XVIII of the Social Security Act States Code, to improve the transportation S. 151 alternatives program, and for other pur- to remove the 96-hour physician certifi- At the request of Mr. THUNE, the cation requirement for inpatient crit- poses; to the Committee on Environment and names of the Senator from Arizona Public Works. ical access hospital services. (Ms. MCSALLY), the Senator from By Mr. SCOTT of South Carolina (for S. 593 himself, Mr. BROWN, and Mr. ISAK- Rhode Island (Mr. REED), the Senator At the request of Ms. HARRIS, the SON): from Arkansas (Mr. BOOZMAN), the Sen- names of the Senator from New Mexico S. 1099. A bill to amend title 31, United ator from Minnesota (Ms. SMITH), the (Mr. UDALL) and the Senator from States Code, to prohibit the Internal Rev- Senator from Maryland (Mr. CARDIN), enue Service from carrying out seizures re- and the Senator from South Dakota Washington (Ms. CANTWELL) were added as cosponsors of S. 593, a bill to lating to a structuring transaction unless (Mr. ROUNDS) were added as cosponsors the property to be seized derived from an il- of S. 151, a bill to deter criminal amend the Religious Freedom Restora- legal source or the funds were structured for tion Act of 1993 to protect civil rights the purpose of concealing the violation of an- robocall violations and improve en- forcement of section 227(b) of the Com- and otherwise prevent meaningful other criminal law or regulation, to require harm to third parties, and for other notice and a post-seizure hearing for such munications Act of 1934, and for other seizures, and for other purposes; to the Com- purposes. purposes. S. 613 mittee on Finance. S. 164 By Mr. BOOKER (for himself, Mr. At the request of Mr. DAINES, the At the request of Mrs. HYDE-SMITH, SCOTT of South Carolina, Ms. HAS- name of the Senator from North Da- the name of the Senator from Mis- SAN, and Mr. YOUNG): kota (Mr. CRAMER) was added as a co- sissippi (Mr. WICKER) was added as a S. 1100. A bill to institute a program for cosponsor of S. 613, a bill to amend the the disclosure of taxpayer information for sponsor of S. 164, a bill to amend title third-party income verification through the 10, United States Code, to remove the Animal Health Protection Act to pro- Internet; to the Committee on Finance. prohibition on eligibility for TRICARE vide chronic wasting disease support for States and coordinated response ef- f Reserve Select of members of the re- serve components of the Armed Forces forts, and for other purposes. SUBMISSION OF CONCURRENT AND who are eligible to enroll in a health S. 622 SENATE RESOLUTIONS benefits plan under chapter 89 of title At the request of Mr. JONES, the The following concurrent resolutions 5, United States Code. names of the Senator from Alaska (Ms. and Senate resolutions were read, and S. 250 MURKOWSKI) and the Senator from West referred (or acted upon), as indicated: At the request of Mrs. SHAHEEN, the Virginia (Mrs. CAPITO) were added as By Mr. CARDIN (for himself and Mr. name of the Senator from Washington cosponsors of S. 622, a bill to amend BLUNT): (Ms. CANTWELL) was added as a cospon- title 10, United States Code, to repeal S. Res. 148. A resolution supporting efforts sor of S. 250, a bill to amend title 28, the requirement for reduction of sur- by the Government of Colombia to pursue United States Code, to prohibit the ex- vivor annuities under the Survivor peace and regional stability; to the Com- clusion of individuals from service on a Benefit Plan by veterans’ dependency mittee on Foreign Relations. Federal jury on account of sexual ori- and indemnity compensation, and for By Mr. CARPER (for himself, Ms. entation or gender identity. other purposes. SINEMA, and Mr. SANDERS): S. Res. 149. A resolution expressing support S. 267 S. 679 for the designation of the week of April 8 At the request of Mr. CORNYN, the At the request of Ms. BALDWIN, the through April 12, 2019, as ‘‘National Assist- name of the Senator from New Mexico names of the Senator from Maine (Mr.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.016 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2330 CONGRESSIONAL RECORD — SENATE April 9, 2019 KING) and the Senator from Georgia reporting on comprehensive Alz- the number of U.S. Customs and Border (Mr. PERDUE) were added as cosponsors heimer’s disease care planning services Protection Office of Field Operations of S. 679, a bill to exempt from the cal- furnished under the Medicare program. officers and support staff and to re- culation of monthly income certain S. 904 quire reports that identify staffing, in- benefit paid by the Department of Vet- At the request of Mr. ENZI, the name frastructure, and equipment needed to erans Affairs and the Department of of the Senator from South Carolina enhance security at ports of entry. Defense. (Mr. SCOTT) was added as a cosponsor S. 1007 S. 768 of S. 904, a bill to authorize the Depart- At the request of Mr. CRAPO, the At the request of Ms. WARREN, the ment of Labor’s voluntary protection name of the Senator from Maine (Mr. name of the Senator from New York program. KING) was added as a cosponsor of S. 1007, a bill to amend the Horse Protec- (Mr. SCHUMER) was added as a cospon- S. 907 tion Act to designate additional unlaw- sor of S. 768, a bill to amend the Higher At the request of Mr. YOUNG, the Education Act of 1965 to provide for the ful acts under the Act, strengthen pen- name of the Senator from Mississippi alties for violations of the Act, im- refinancing of certain Federal student (Mr. WICKER) was added as a cosponsor loans, and for other purposes. prove Department of Agriculture en- of S. 907, a bill to preserve open com- forcement of the Act, and for other S. 817 petition and Federal Government neu- purposes. RAPO trality towards the labor relations of At the request of Mr. C , the S. 1035 Federal Government contractors on name of the Senator from Louisiana At the request of Mr. ROUNDS, the (Mr. KENNEDY) was added as a cospon- Federal and federally funded construc- name of the Senator from Arkansas tion projects, and for other purposes. sor of S. 817, a bill to amend the Inter- (Mr. BOOZMAN) was added as a cospon- nal Revenue Code of 1986 to remove si- S. 909 sor of S. 1035, a bill to amend title 18, lencers from the definition of firearms, At the request of Mr. SASSE, the United States Code, to prohibit dis- and for other purposes. name of the Senator from Louisiana memberment abortions, and for other S. 828 (Mr. KENNEDY) was added as a cospon- purposes. At the request of Mr. BOOKER, the sor of S. 909, a bill to amend title 5, S. 1043 name of the Senator from Michigan United States Code, with respect to the At the request of Mr. LEE, the names (Mr. PETERS) was added as a cosponsor judicial review of agency interpreta- of the Senator from Tennessee (Mr. of S. 828, a bill to amend the Outer tions of statutory and regulatory pro- ALEXANDER) and the Senator from Continental Shelf Lands Act to pro- visions. Oklahoma (Mr. INHOFE) were added as hibit oil-, gas-, and methane hydrate- S. 916 cosponsors of S. 1043, a bill to amend related seismic activities in the North At the request of Mr. DURBIN, the the Fair Labor Standards Act of 1938 to Atlantic, Mid-Atlantic, South Atlantic, names of the Senator from Massachu- provide compensatory time for employ- and Straits of Florida planning areas of setts (Mr. MARKEY) and the Senator ees in the private sector. the outer Continental Shelf, and for from Minnesota (Ms. KLOBUCHAR) were S. 1046 other purposes. added as cosponsors of S. 916, a bill to At the request of Ms. CORTEZ MASTO, S. 830 improve Federal efforts with respect to the name of the Senator from Arizona At the request of Mrs. GILLIBRAND, the prevention of maternal mortality, (Ms. SINEMA) was added as a cosponsor the names of the Senator from Idaho and for other purposes. of S. 1046, a bill to establish the Office (Mr. CRAPO) and the Senator from S. 952 of Internet Connectivity and Growth, Idaho (Mr. RISCH) were added as co- At the request of Mr. COTTON, the and for other purposes. sponsors of S. 830, a bill to amend the name of the Senator from Louisiana S. 1066 Federal Work-Study program to permit (Mr. KENNEDY) was added as a cospon- At the request of Mr. BOOKER, the institutions of higher education to use sor of S. 952, a bill to provide that the name of the Senator from Vermont their Federal work-study allocations Federal Communications Commission (Mr. SANDERS) was added as a cospon- for full-time, off-campus cooperative may not prevent a State or Federal sor of S. 1066, a bill to provide an in- education and work-based learning. correctional facility from utilizing creased allocation of funding under S. 846 jamming equipment, and for other pur- certain programs for assistance in per- sistent poverty counties, and for other At the request of Mr. CORNYN, the poses. purposes. names of the Senator from Iowa (Mr. S. 998 S. CON. RES. 13 GRASSLEY), the Senator from Louisiana At the request of Mr. HAWLEY, the At the request of Mr. GARDNER, the (Mr. CASSIDY) and the Senator from name of the Senator from West Vir- name of the Senator from Texas (Mr. Minnesota (Ms. SMITH) were added as ginia (Mrs. CAPITO) was added as a co- CORNYN) was added as a cosponsor of S. cosponsors of S. 846, a bill to amend sponsor of S. 998, a bill to amend the Con. Res. 13, a concurrent resolution title 49, United States Code, to limit Omnibus Crime Control and Safe reaffirming the United States commit- certain rolling stock procurements, Streets Act of 1968 to expand support ment to Taiwan and to the implemen- and for other purposes. for police officer family services, stress tation of the Taiwan Relations Act. S. 867 reduction, and suicide prevention, and S. RES. 85 for other purposes. At the request of Ms. HASSAN, the At the request of Mr. BROWN, the name of the Senator from Oregon (Mr. S. 1003 names of the Senator from Illinois (Ms. MERKLEY) was added as a cosponsor of At the request of Mr. RUBIO, the DUCKWORTH), the Senator from Michi- S. 867, a bill to protect students of in- name of the Senator from West Vir- gan (Mr. PETERS), the Senator from stitutions of higher education and the ginia (Mrs. CAPITO) was added as a co- California (Mrs. FEINSTEIN), the Sen- taxpayer investment in institutions of sponsor of S. 1003, a bill to amend title ator from New Hampshire (Ms. HASSAN) higher education by improving over- 38, United States Code, to establish the and the Senator from Montana (Mr. sight and accountability of institutions Veterans Economic Opportunity and TESTER) were added as cosponsors of S. of higher education, particularly for- Transition Administration and the Res. 85, a resolution recognizing the profit colleges, improving protections Under Secretary for Veterans Eco- 100th anniversary of the founding of for students and borrowers, and ensur- nomic Opportunity and Transition of Easterseals, a leading advocate and ing the integrity of postsecondary edu- the Department of Veterans Affairs, service provider for children and adults cation programs, and for other pur- and for other purposes. with disabilities, including veterans poses. S. 1004 and older adults, and their caregivers S. 880 At the request of Mr. PETERS, the and families. At the request of Ms. STABENOW, the names of the Senator from Montana S. RES. 120 name of the Senator from Michigan (Mr. TESTER) and the Senator from At the request of Mr. CARDIN, the (Mr. PETERS) was added as a cosponsor Louisiana (Mr. CASSIDY) were added as names of the Senator from Rhode Is- of S. 880, a bill to provide outreach and cosponsors of S. 1004, a bill to increase land (Mr. REED) and the Senator from

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Additional research is At the request of Mr. BOOZMAN, the today the Child Welfare Workforce needed to understand the risk of mal- names of the Senator from Oklahoma Support Act. This bill directs the Sec- treatment among LGBTQ youth, par- (Mr. LANKFORD), the Senator from Kan- retary to conduct a five-year dem- ticularly those identifying as sas (Mr. MORAN), the Senator from New onstration program for child welfare transgender. These studies will yield York (Mrs. GILLIBRAND), the Senator service providers to implement tar- invaluable information to be used in from Alaska (Mr. SULLIVAN), the Sen- geted interventions to recruit, select, developing targeted prevention strate- ator from New Hampshire (Ms. HASSAN) and retain child welfare workers. This gies to reduce the rates of adverse and the Senator from South Dakota demonstration program will focus on childhood experiences of LGBTQ indi- (Mr. ROUNDS) were added as cosponsors building an evidence base of best prac- viduals. of S. Res. 135, a resolution expressing tices for reducing barriers to the re- This is why I am pleased to introduce the gratitude and appreciation of the cruitment, development, and retention the Protecting LGBTQ Youth Act, Senate for the acts of heroism and of individuals providing direct services which calls for HHS and other federal valor by the members of the United to children and families. Funds will agencies to carry out an interdiscipli- States Armed Forces who participated also be used to provide ongoing profes- nary research program to protect in the June 6, 1944, amphibious landing sional development to assist child wel- LGBTQ youth from child abuse and ne- at Normandy, France, and commending fare workers in meeting the diverse glect and improve the well-being of vic- those individuals for leadership and needs of families with infants and chil- tims of child abuse or neglect. This leg- bravery in an operation that helped dren with the goal of improving both islation also expands current practices bring an end to World War II. the quality of services provided and the around demographic information col- f sustainability of such careers. Invest- lection and reporting on incidences and ing resources in determining what prevalence of child maltreatment to in- STATEMENTS ON INTRODUCED practices have the greatest impact on clude sexual orientation and gender BILLS AND JOINT RESOLUTIONS the successful recruitment and reten- identity. Additionally, the bill opens By Mr. KAINE: tion of child welfare workers will assist existing grant funding opportunities to S. 1070. A bill to require the Sec- in developing an evidence-base for fu- invest in the training of personnel in retary of Health and Human Services ture federal investment in this space. best practices to meet the unique needs to fund demonstration projects to im- I hope that as the Senate begins to of LGBTQ youth and calls for the in- prove recruitment and retention of discuss reauthorizing the Child Abuse clusion of individuals experienced in child welfare workers; to the Com- Prevention and Treatment Act that we working with LGBTQ youth and fami- mittee on Health, Education, Labor, consider the Child Welfare Workforce lies in state task forces. Improving and Pensions. Support Act and recognize the impor- data collection and disaggregation will Mr. KAINE. Mr. President, investing tant role that child welfare workers provide greater insight into the cir- in the development of a robust, well- make to improve outcomes for vulner- cumstances LGBTQ youth face in the trained, and stable child welfare work- able infants and children. home that, when left unaddressed, lead force is central to improving outcomes to entry into the child welfare system. for children and families across the By Mr. KAINE (for himself and This improved data-driven under- United States. The existence of such a Ms. BALDWIN): standing can then be used to develop workforce is essential to a child wel- S. 1073. A bill to amend the Child appropriate and effective primary pre- fare agency’s ability to carry out the Abuse Prevention and Treatment Act vention practices to decrease the risks responsibilities with which they have to ensure protections for lesbian, gay, faced by LGTBQ youth. been entrusted. Child welfare work has bisexual, and transgender youth and I hope that as the Senate begins to been shown to be physically and emo- their families; to the Committee on discuss the reauthorization of the Child tionally challenging, as demonstrated Health, Education, Labor, and Pen- Abuse Prevention and Treatment Act by recent studies into the impact of sions. we consider the Protecting LGBTQ secondary traumatic stress (STS) on Mr. KAINE. Mr. President, according Youth Act to better inform our collec- child welfare professionals. The mul- to the Department of Health and tive understanding of the risks faced titude of challenges inherent in child Human Services (HHS), lesbian, gay, by LGBTQ youth and the best ways to welfare work, combined with relatively and bisexual (LGB) youth are at an in- address them. low compensation and work benefits, creased risk for experiencing maltreat- make these careers difficult to sustain, ment compared to non-LGB youth. A f resulting in high rates of turnover. 2011 meta-analysis of 37 school-based SUBMITTED RESOLUTIONS Studies conducted over the last 15 studies found that LGB adolescents years estimate the national rate of were 3.8 times more likely to experi- turnover of child welfare workers to be ence childhood sexual abuse and 1.2 SENATE RESOLUTION 148—SUP- 20–40 percent annually. In 2017, Vir- times more likely to experience phys- PORTING EFFORTS BY THE GOV- ginia reported a turnover rate of 30%, ical abuse by a parent or guardian ERNMENT OF COLOMBIA TO PUR- while Washington State reported a when compared to their heterosexual SUE PEACE AND REGIONAL STA- turnover rate of 20% and Georgia re- peers. Additional studies have dem- BILITY ported a turnover rate of 32%. These onstrated that gender nonconformity Mr. CARDIN (for himself and Mr. high rates of turnover detract from the during childhood may increase the risk BLUNT) submitted the following resolu- quality of services delivered to chil- for child maltreatment. Unfortunately, tion; which was referred to the Com- dren and families and result in an esti- there is not enough research and data mittee on Foreign Relations: mated cost of $54,000 per worker leav- available to identify the risk of child ing an agency. maltreatment for individuals who iden- S. RES. 148 Greater action is needed to ensure tify as transgender. Whereas, in 2016, the Government of Co- that individuals pursuing child welfare These risks for maltreatment often lombia concluded a historic peace accord careers receive appropriate training times result in LGBTQ youth entering with the Revolutionary Armed Forces of Co- lombia (FARC), aimed at addressing the root and support to improve the sustain- the child welfare system. Studies have causes of the half-a-century conflict, includ- ability of their important, yet demand- found that, ‘‘LGBT young people are ing stark economic inequalities, the rural- ing work. Higher rates of retention for overrepresented in child welfare sys- urban divide, and the historical exclusion of child welfare workers translates to tems, despite the fact that they are Afro-Colombians, indigenous people, women,

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Bush, geting of leading representatives of civil so- country’s internal armed conflict; and Barack Obama, and Donald Trump, and con- ciety, including trade unionists, journalists, (9) commits to furthering the bilateral re- tinuously has been strengthened by broad bi- human rights defenders, and other commu- lationship between the United States and Co- partisan support in the United States Con- nity activists who remain at grave risk from lombia by working with leaders in the public gress; guerrilla groups, paramilitary successor or- and private sectors, as well as civil society Whereas, while the Government of Colom- ganizations, organized criminal groups, and from both countries, to ensure that the bia contributed more than 95 percent of corrupt local officials; United States-Colombia relationship re- funds over the life of Plan Colombia, the po- Whereas efforts to achieve lasting peace in mains at the forefront of United States for- litical leadership, technical advice, military Colombia must address the hardships faced eign policy. assistance, and intelligence-sharing role of by victims of the armed conflict, as exempli- the United States, along with the fied by the Government of Colombia’s Law f $11,000,000,000 appropriated by the United on Victims and Restitution of Land of 2011; States Congress through Plan Colombia and Whereas the prospects for national rec- Peace Colombia to combat the illicit nar- onciliation and sustainable peace in Colom- SENATE RESOLUTION 149—EX- cotics trade and transnational organized bia rely on the effective delivery of justice PRESSING SUPPORT FOR THE crime, advance democratic governance, pro- for victims of the conflict and the ability to mote economic growth, and defend human DESIGNATION OF THE WEEK OF hold accountable and appropriately punish rights, played a key role in transforming a APRIL 8 THROUGH APRIL 12, 2019, perpetrators of serious violations of human nation on the brink to an increasingly peace- AS ‘‘NATIONAL ASSISTANT PRIN- rights and international humanitarian law; ful and prosperous democracy, while also and CIPALS WEEK’’ safeguarding vital United States interests; Whereas the work of Special Jurisdiction Whereas the Government of Colombia, Mr. CARPER (for himself, Ms. for Peace—the transitional justice mecha- throughout the administrations of Presi- nism created with the purpose of ensuring SINEMA, and Mr. SANDERS) submitted dents Andres Pastrana, Alvaro Uribe, Juan the following resolution; which was re- Manuel Santos, and Ivan Duque, has made accountability in the context of Colombia’s investments and shown remarkable coura- internal armed conflict—is fundamental to ferred to the Committee on Health, geous leadership, often at great cost and sac- the implementation of the accords and the Education, Labor, and Pensions: rifice, to consolidate domestic security, so- consolidation of peace in the country: Now, cioeconomic development, and the rule of therefore, be it S. RES. 149 law that far exceed those contributions made Resolved, That the Senate— Whereas the National Association of Sec- by the United States in Colombia; (1) reaffirms the unwavering support of the ondary School Principals (referred to in this Whereas, over the past 20 years, levels of Government and people of the United States preamble as ‘‘NASSP’’), the National Asso- crime and violence have subsided sharply in for the people of Colombia in their pursuit of ciation of Elementary School Principals, and Colombia, with annual per capita homicide peace and stabilization of territories pre- the American Federation of School Adminis- rates declining from 62 per 100,000 people in viously in conflict so they can achieve their trators have designated the week of April 8 1999 to a record low of 23 per 100,000 people in aspiration to live in a country free of vio- through April 12, 2019, as ‘‘National Assist- 2017; lence and organized crime; ant Principals Week’’; Whereas the alignment of improved secu- (2) lauds efforts to bring an end to Colom- Whereas an assistant principal, as a mem- rity and sound economic policies has trans- bia’s enduring internal armed conflict; ber of the school administration, interacts lated into steady growth in Colombia’s Gross (3) commends the work of the United Na- with many sectors of the school community, Domestic Product, which increased from tions Verification Mission in overseeing the including support staff, instructional staff, $86,000,000,000 in 1999 to more than implementation of the 2016 peace accord and students, and parents; $309,000,000,000 in 2017, and led to greater For- the disarmament and reintegration of com- Whereas assistant principals are respon- eign Direct Investment, which grew from batants; sible for establishing a positive learning en- $1,500,000,000 in 1999 to one of the highest in (4) maintains its commitment to the more vironment and building strong relationships Latin America at an estimated $14,000,000,000 than 7,000,000 victims of Colombia’s armed between school and community; in 2017; conflict and urges the government and FARC Whereas assistant principals play a pivotal Whereas the United States and Colombia to hold accountable perpetrators of serious role in the instructional leadership of their enjoy a robust economic relationship with violations of human rights and international schools by supervising student instruction, United States goods and services trade with humanitarian law and ensure that they are mentoring teachers, recognizing the achieve- Colombia totaling an estimated appropriately punished; ments of staff, encouraging collaboration $36,100,000,000 in 2016, supporting over 100,000 (5) encourages the Government of Colom- among staff, ensuring the implementation of jobs in the United States; bia to protect vulnerable populations who re- best practices, monitoring student achieve- Whereas the Government of Colombia has main at risk in that country, including de- ment and progress, facilitating and modeling made impressive strides in reducing poverty fenders of human rights, those facing threats data-driven decisionmaking to inform in- during the last 15 years, with the poverty due to crop substitution from the illicit crop struction, and guiding the direction of tar- rate decreasing from 64 percent in 1999 to 27 market, and Afro-descendant and indigenous geted intervention and school improvement; percent in 2017, according to the World Bank; communities; Whereas the day-to-day logistical oper- Whereas, since 1999, the Government of Co- (6) encourages the Secretary of State to de- ations of schools require assistant principals lombia has expanded the presence of the velop a comprehensive strategy to assist the to monitor and address facility needs, at- state across all 32 territorial departments, Government of Colombia in managing the ef- tendance, transportation issues, and sched- has contributed to the professionalism of the fects of the Venezuela crisis without endan- uling challenges, as well as to supervise Colombian judiciary, and has improved the gering or detracting from the successful im- extra- and co-curricular events; capacity of the Colombian Army, Navy, Air plementation and sustainability of the peace Whereas assistant principals are entrusted Force, and National Police; accord and stabilization of territories pre- with maintaining an inviting, safe, and or- Whereas Colombia is one of the United viously in conflict in Colombia, and to fur- derly school environment that supports the States’ most consistent and strategic part- ther strengthen the close bilateral partner- growth and achievement of each and every

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Pratersch, except concerning ership, curriculum, and personalization; and the International Court of Justice regarding matters for which a privilege should be as- Whereas the week of April 8 through April the Convention on the Prevention and Pun- serted. 12, 2019, is an appropriate week to designate ishment of the Crime of Genocide and Proc- SEC. 2. The Senate Legal Counsel is author- as National Assistant Principals Week: Now, lamation No. 4838 issued by President Ronald ized to represent Senator Sanders and any therefore, be it Reagan on April 22, 1981; and current or former employees of his office in Resolved, That the Senate— (2) by House Joint Resolution 148, 94th connection with the production of evidence (1) supports the designation of April 8 Congress, agreed to April 8, 1975, and House authorized in section one of this resolution. through April 12, 2019, as ‘‘National Assist- Joint Resolution 247, 98th Congress, agreed Mr. MCCONNELL. Mr. President, on ant Principals Week’’; to September 10, 1984; and (2) honors the contributions of assistant Whereas the Elie Wiesel Genocide and behalf of myself and the distinguished principals to the success of students in the Atrocities Prevention Act of 2018 (Public Democratic leader, Mr. SCHUMER, I United States; and Law 115–441) establishes that the prevention send to the desk a resolution author- (3) encourages the people of the United of atrocities is a national interest of the izing the production of testimony, doc- States to observe National Assistant Prin- United States and affirms that it is the pol- uments, and representation by the Sen- cipals Week with appropriate ceremonies and icy of the United States to pursue a United ate Legal Counsel, and ask for its im- activities that promote awareness of the role States Government-wide strategy to iden- mediate consideration. played by assistant principals in school lead- tify, prevent, and respond to the risk of Mr. President, this resolution con- ership and ensuring that every child has ac- atrocities by ‘‘strengthening diplomatic re- cess to a high-quality education. sponse and the effective use of foreign assist- cerns a request for evidence in a crimi- nal action pending in Florida Federal f ance to support appropriate transitional jus- tice measures, including criminal account- district court. In this action the de- SENATE RESOLUTION 150—EX- ability, for past atrocities’’: Now, therefore, fendant is charged with threatening to PRESSING THE SENSE OF THE be it assault and murder Senator SANDERS SENATE THAT IT IS THE POLICY Resolved, That it is the sense of the Senate in voicemails he left with the Senator’s OF THE UNITED STATES TO that it is the policy of the United States— Burlington, Vermont office. A trial is COMMEMORATE THE ARMENIAN (1) to commemorate the Armenian Geno- cide through official recognition and remem- scheduled for April 29, 2019. GENOCIDE THROUGH OFFICIAL brance; The prosecution is seeking testimony RECOGNITION AND REMEM- (2) to reject efforts to enlist, engage, or from one of the Senator’s staff assist- BRANCE otherwise associate the United States Gov- ants who listened to the voicemails at Mr. MENENDEZ (for himself, Mr. ernment with denial of the Armenian Geno- issue. Senator SANDERS would like to CRUZ, Mr. VAN HOLLEN, Ms. STABENOW, cide or any other genocide; and cooperate with this request by pro- (3) to encourage education and public un- Mr. MARKEY, Ms. WARREN, Mr. PETERS, viding relevant employee testimony derstanding of the facts of the Armenian Mrs. FEINSTEIN, Mr. WYDEN, Ms. and documents from his office. Genocide, including the role of the United The enclosed resolution would au- DUCKWORTH, Mr. RUBIO, Mr. REED, Mr. States in humanitarian relief efforts, and the SCHUMER, Mr. GARDNER, Mr. UDALL, relevance of the Armenian Genocide to mod- thorize that staffer, and any other cur- and Ms. HARRIS) submitted the fol- ern-day crimes against humanity. rent or former employee of the Sen- lowing resolution; which was referred f ator’s office from whom relevant evi- to the Committee on Foreign Rela- dence may be necessary, to testify and tions: SENATE RESOLUTION 151—TO AU- produce documents in this action, with S. RES. 150 THORIZE TESTIMONY, DOCU- representation by the Senate Legal Whereas the United States has a proud his- MENTS, AND REPRESENTATION Counsel of such staffers and Senator tory of recognizing and condemning the Ar- IN UNITED STATES V. SANDERS. PRATERSCH menian Genocide, the killing of an estimated f 1,500,000 Armenians by the Ottoman Empire Mr. MCCONNELL (for himself and SENATE RESOLUTION 152—EX- from 1915 to 1923, and providing relief to the Mr. SCHUMER) submitted the following PRESSING THE IMPORTANCE OF survivors of the campaign of genocide resolution; which was considered and against Armenians, Greeks, Assyrians, THE UNITED STATES ALLIANCE agreed to: Chaldeans, Syriacs, Arameans, Maronites, WITH THE REPUBLIC OF KOREA S. RES. 151 and other Christians; AND THE CONTRIBUTIONS OF Whereas the Honorable Henry Morgenthau, Whereas, in the case of United States v. KOREAN AMERICANS IN THE Sr., United States Ambassador to the Otto- Pratersch, Cr. No. 19–26, pending in the man Empire from 1913 to 1916, organized and United States District Court for the Middle UNITED STATES led protests by officials of many countries District of Florida, the prosecution has re- Mr. LANKFORD (for himself, Mr. against what he described as ‘‘a campaign of quested the production of testimony from MENENDEZ, Mr. GARDNER, and Mr. MAR- race extermination,’’ and, on July 16, 1915, Greta Hasler, an employee of the office of KEY) submitted the following resolu- was instructed by United States Secretary of Senator Bernard Sanders; tion; which was referred to the Com- State Robert Lansing that the ‘‘Department Whereas, pursuant to sections 703(a) and mittee on Foreign Relations: approves your procedure . . . to stop Arme- 704(a)(2) of the Ethics in Government Act of nian persecution’’; 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the S. RES. 152 Whereas President Woodrow Wilson en- Senate may direct its counsel to represent Whereas the United States and the Repub- couraged the formation of Near East Relief, current and former Members and employees lic of Korea enjoy a comprehensive alliance chartered by an Act of Congress, which of the Senate with respect to any subpoena, partnership, founded in shared strategic in- raised approximately $116,000,000 (more than order, or request for testimony relating to terests and cemented by a commitment to $2,500,000,000 in 2019 dollars) between 1915 and their official responsibilities; democratic values; 1930, and the Senate adopted resolutions con- Whereas, by the privileges of the Senate of Whereas the United States and the Repub- demning the massacres; the United States and Rule XI of the Stand- lic of Korea work closely together to pro- Whereas Raphael Lemkin, who coined the ing Rules of the Senate, no evidence under mote international peace and security, eco- term ‘‘genocide’’ in 1944 and who was the ear- the control or in the possession of the Senate nomic prosperity, human rights, and the rule liest proponent of the United Nations Con- may, by the judicial or administrative proc- of law; vention on the Prevention and Punishment ess, be taken from such control or possession Whereas the relationship between the of the Crime of Genocide, invoked the Arme- but by permission of the Senate; and United States and the Republic of Korea goes nian case as a definitive example of genocide Whereas, when it appears that evidence as far back as Korea’s Chosun Dynasty, when in the 20th century; under the control or in the possession of the the United States and Korea established dip- Whereas, as displayed in the United States Senate may promote the administration of lomatic relations under the 1882 Treaty of Holocaust Memorial Museum, Adolf Hitler, justice, the Senate will take such action as Peace, Amity, Commerce, and Navigation;

VerDate Sep 11 2014 06:27 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.024 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2334 CONGRESSIONAL RECORD — SENATE April 9, 2019 Whereas, on August 15, 1948, the Provi- AUTHORITY FOR COMMITTEES TO April 9, 2019, at 9:30 a.m., to conduct a sional Government of the Republic of Korea, MEET closed hearing. established on April 11, 1919, was dissolved SELECT COMMITTEE ON INTELLIGENCE and transitioned to the First Republic of Mr. CORNYN. Mr. President, 1 have Korea, their first independent government; 12 requests for committees to meet The Select Committee on Intel- Whereas United States military personnel during today’s session of the Senate. ligence is authorized to meet during have maintained a continuous presence on They have the approval of the Majority the session of the Senate on Tuesday, the Korean Peninsula since the Mutual De- and Minority leaders. April 9, 2019, at 2:30 p.m., to conduct a fense Treaty Between the United States and Pursuant to rule XXVI, paragraph closed hearing. the Republic of Korea (5 UST 2368) was 5(a), of the Standing Rules of the Sen- SUBCOMMITTEE ON AIRLAND signed at Washington on October 1, 1953; ate, the following committees are au- Whereas, on May 7, 2013, the United States The Subcommittee on Airland of the and the Republic of Korea signed a Joint thorized to meet during today’s session Committee on Armed Services is au- Declaration in Commemoration of the 60th of the Senate: thorized to meet during the session of Anniversary of the Alliance Between the Re- COMMITTEE ON ARMED SERVICES the Senate on Tuesday, April 9, 2019, at public of Korea and the United States; The Committee on Armed Services is 3 p.m., to conduct a hearing. Whereas 63 years ago the Treaty of Friend- authorized to meet during the session SUBCOMMITTEE ON EMERGING THREATS AND ship, Commerce, and Navigation between the of the Senate on Tuesday, April 9, 2019, CAPABILITIES United States and the Republic of Korea, at 9:30 a.m., to conduct a hearing. The Subcommittee on Emerging with Protocol (8 UST 2217) was signed at Seoul on November 28 1956; COMMITTEE ON ENERGY AND NATURAL Threats and Capabilities of the Com- Whereas the economic relationship be- RESOURCES mittee on Armed Services is authorized tween the United States and the Republic of The Committee on Energy and Nat- to meet during the session of the Sen- Korea is deep and mutually beneficial to ural Resources is authorized to meet ate on Tuesday, April 9, 2019, at 2:30 both countries; during the session of the Senate on p.m., to conduct a hearing. Whereas the Republic of Korea is the Tuesday, April 9, 2019, at 10 a.m., to SUBCOMMITTEE ON EAST ASIA, THE PACIFIC, AND United States’ seventh-largest trading part- conduct a hearing. INTERNATIONAL CYBERSECURITY POLICY ner; COMMITTEE ON FINANCE The Subcommittee on East Asia, The Whereas the Republic of Korea is the 5th fastest growing source of foreign direct in- The Committee on Finance is author- Pacific, and International Cybersecu- vestment in the United States; ized to meet during the session of the rity Policy of the Committee on For- Whereas the United States is the largest Senate on Tuesday, April 9, 2019, at eign Relations is authorized to meet source of foreign direct investment in the 10:15 a.m., to conduct a hearing on drug during the session of the Senate on Republic of Korea; pricing and prescription cost. Tuesday, April 9, 2019, at 10 a.m., to Whereas, on January 13, 1903, 102 pioneer COMMITTEE ON FOREIGN RELATIONS conduct a hearing. Korean immigrants arrived in the United States, initiating the first chapter of Korean The Committee on Foreign Relations f immigration to America; is authorized to meet during the ses- Whereas the over 2,000,000 Korean Ameri- sion of the Senate on Tuesday, April 9, cans living in the United States contribute 2019, at 3 p.m., to conduct a hearing on NOTICE OF PROPOSED to the diversity and prosperity of our nation, the following nominations: Jeffrey L. RULEMAKING participate in all facets of American life, and Eberhardt, of Wisconsin, to be Special U.S. CONGRESS, have made significant contributions to the Representative of the President for Nu- OFFICE OF CONGRESSIONAL economic vitality of the United States; clear Nonproliferation, with the rank WORKPLACE RIGHTS, Whereas members of the Korean American April 9, 2019, Washington, DC. community serve with distinction in the of Ambassador, and James S. Gilmore, United States Armed Forces; of Virginia, to be U.S. Representative Hon. CHARLES GRASSLEY, Whereas Korean Americans continue to to the Organization for Security and President Pro Tempore, U.S. Senate, build and strengthen the alliance between Cooperation in Europe, with the rank Washington, DC. the United States and the Republic of Korea; of Ambassador, both of the Department DEAR MR. PRESIDENT: Section 303(a) of the and of State; and Alan R. Swendiman, of Congressional Accountability Act of 1995 Whereas the Asia Reassurance Initiative (CAA), 2 U.S.C. 1383(a), provides that the Ex- North Carolina, to be Deputy Director ecutive Director of the Office of Congres- Act (Public Law 115–409), signed into law on of the Peace Corps. December 31, 2018, states that the United sional Workplace Rights ‘‘shall, subject to States Government— COMMITTEE ON HEALTH, EDUCATION, LABOR, the approval of its Board of Directors, adopt AND PENSIONS rules governing the procedures of the Office, (1) is committed to the Mutual Defense The Committee on Health, Edu- including the procedures of hearing officers, Treaty Between the United States and the cation, Labor, and Pensions is author- which shall be submitted for publication in Republic of Korea and all related and subse- ized to meet during the session of the the Congressional Record. The rules may be quent bilateral security agreements and ar- amended in the same manner.’’ Section Senate on Tuesday, April 9, 2019, at 2:30 rangements concluded on or before the date 303(b) of the Act, 2 U.S.C. 1383(b), further pro- p.m., to conduct a hearing on the pend- of the enactment of that Act; vides that the Executive Director ‘‘shall pub- ing nominations and Gordon lish a general notice of proposed rule- (2) recognizes the vital role of the alliance Hartogensis, of Connecticut, to be Di- making’’ and ‘‘shall transmit such notice to between the United States and South Korea rector of the Pension Benefit Guaranty the Speaker of the House of Representatives in promoting peace and security in the Indo- Corporation. and the President pro tempore of the Senate Pacific region; and for publication in the Congressional Record COMMITTEE ON HOMELAND SECURITY AND on the first day of which both Houses are in (3) calls for the strengthening and broad- GOVERNMENTAL AFFAIRS ening of diplomatic, economic, and security session following such transmittal.’’ The Committee on Homeland Secu- Having obtained the approval of the Board ties between the United States and the Re- rity and Governmental Affairs is au- as required by section 303(b) of the CAA, 2 public of Korea: Now, therefore, be it thorized to meet during the session of U.S.C. 1383(b), I am transmitting the at- Resolved, That the Senate— the Senate on Tuesday, April 9, 2019, at tached notice of proposed procedural rule- (1) recognizes the vital role the alliance of 10 a.m., to conduct a hearing on immi- making to the President Pro Tempore of the the United States and the Republic of Korea gration. Senate. I request that this notice be pub- plays in promoting peace and security in the lished in the Senate section of the Congres- COMMITTEE ON THE JUDICIARY Indo-Pacific region; sional Record on the first day on which both (2) calls for the strengthening and broad- The Committee on the Judiciary is Houses are in session following the receipt of ening of diplomatic, economic, and security authorized to meet during the session this transmittal. In compliance with section ties between the United States and the Re- of the Senate on Tuesday, April 9, 2019, 303(b) of the CAA, a comment period of 30 public of Korea; and at 10 a.m., to conduct a hearing on days after the publication of this notice of (3) reaffirms the United States’ alliance abortion policy. proposed rulemaking is being provided before with the Republic of Korea is central to ad- adoption of the rules. SELECT COMMITTEE ON INTELLIGENCE vancing United States interests and engage- Any inquiries regarding this notice should ment in the region, based on shared commit- The Select Committee on Intel- be addressed to Susan Tsui Grundmann, Ex- ments democracy, free-market economics, ligence is authorized to meet during ecutive Director of the Office of Congres- human rights, and the rule of law. the session of the Senate on Tuesday, sional Workplace Rights, Room LA–200, 110

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.034 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2335 2nd Street SE, Washington, DC 20540; tele- OCWR Rules of Procedure establish the proc- Safety and Health Act of 1970 (OSHAct). Sec- phone: 202–724–9250. ess by which alleged violations of the 13 laws tions 3.20 through 3.31 contain rules of prac- Sincerely, made applicable to the legislative branch tice for administrative proceedings to grant SUSAN TSUI GRUNDMANN, under the CAA are considered and resolved. variances and other relief under sections Executive Director, On December 21, 2018, the Congressional 6(b)(6)(A) and 6(d) of the OSHAct, as applied Office of Congressional Workplace Rights. Accountability Act of 1995 Reform Act was by section 215(c)(4) of the CAA. The proposed FROM THE EXECUTIVE DIRECTOR OF THE OF- signed into law. (Pub. L. No. 115–397). The modifications to subpart C reflect nomen- FICE OF CONGRESSIONAL WORKPLACE RIGHTS: new law reflects the first set of comprehen- clature changes only. The modifications NOTICE OF PROPOSED RULEMAKING AND RE- sive reforms to the CAA since 1995. Among clarify that references to the ‘‘Hearing Offi- cer’’ in this subpart are to the ‘‘Merits Hear- QUEST FOR COMMENTS FROM INTERESTED other reforms, the Act substantially modi- ing Officer’’ (defined in these proposed rules PARTIES fies the administrative dispute resolution (ADR) process under the CAA, including: as the individual appointed by the Executive PROPOSED AMENDMENTS TO THE RULES OF PRO- providing for preliminary hearing officer re- Director to preside over an administrative CEDURE, NOTICE OF PROPOSED RULEMAKING, view of claims; requiring current and former hearing conducted on matters within the Of- AS REQUIRED BY 2 U.S.C. § 1383, THE CONGRES- Members of Congress to reimburse awards or fice’s jurisdiction under section 405 of the SIONAL ACCOUNTABILITY ACT OF 1995, AS settlement payments resulting from harass- Act), and not the ‘‘Preliminary Hearing Offi- AMENDED ment or retaliation claims; requiring certain cer’’ (defined in these proposed rules as the Introductory Statement employing offices to reimburse payments re- individual appointed by the Executive Direc- Shortly after the enactment of the Con- sulting from specified claims of discrimina- tor to make a preliminary review of claims gressional Accountability Act (CAA or the tion; and appointing advisers to provide con- arising under sections 102(c) and 201 through Act) in 1995, Procedural Rules were adopted fidential information to legislative branch 207 of the CAA). Subparts D and E. The Procedural Rules to govern the processing of cases and con- employees about their rights under the CAA. currently set forth a single set of procedures troversies under the administrative proce- Most changes to the ADR process will be ef- for filing ‘‘complaints’’ under the CAA, dures established in subchapter IV of the fective 180 days from the date of enactment whether the complaint is filed with the CAA. 2 U.S.C. 1401–07. Those Rules of Proce- of the Reform Act, i.e., on June 19, 2019. dure were amended in 1998, 2004, and again in These proposed amendments to the OCWR by an employee alleging violations of sections 201 through 207 of the Act, or by the 2016. The existing Rules of Procedure are OCWR’s Procedural Rules are the result of OCWR General Counsel alleging violations of available in their entirety on the public the OCWR’s comprehensive review of the sections 210, 215 or 220 of the Act. The CAA website of the Office of Congressional Work- OCWR’s procedures in light of the changes in Reform Act, however, uses the word ‘‘claim’’ place Rights (OCWR): www.ocwr.gov. the Reform Act to the ADR program, and to refer to an alleged violation of sections Pursuant to section 303(a) of the CAA (2 they reflect the OCWR’s experience proc- 201 through 207 of the Act (as well as an al- U.S.C. 1383(a)), the Executive Director of the essing disputes under the CAA since the leged violation of section 102(c) of the Act, OCWR has obtained approval of its Board of original adoption of these Rules in 1995. which incorporates the protections of the Directors regarding certain amendments to Scope of Comments Requested the Rules of Procedure. Genetic Information Nondisclosure Act). As After obtaining the Board’s approval, the The OCWR asks commenters to provide a result, the term ‘‘complaint’’ in the CAA OCWR Executive Director must then ‘‘pub- their views on the changes to the Procedural refers only to violations alleged by the lish a general notice of proposed rulemaking Rules proposed by the OCWR. OCWR General Counsel. . . . for publication in the Congressional Summary of the Changes Because the procedures in the Reform Act Record on the first day on which both Houses Subpart A. Subpart A of the Procedural governing employee ‘‘claims’’ differ signifi- are in session following such transmittal.’’ Rules covers general provisions pertaining to cantly from those governing General Counsel ‘‘complaints,’’ these proposed rules set forth (Section 303(b) of the CAA, 2 U.S.C. 1383(b)). scope and policy, definitions, and informa- separate procedures for each. Therefore, sub- Notice tion on various filings and computation of time. The OCWR’s proposed amendments to part D, which concerns employee ‘‘claims,’’ Comments regarding the proposed amend- includes new procedures for informal em- ments to the OCWR Procedural Rules set subpart A provide additional definitions, and also clarify pleading requirements and proce- ployee requests for advice and information; forth in this NOTICE are invited for a period confidential advising services; filing of of thirty (30) days following the date of the dures concerning confidentiality. Subpart B. Currently, subpart B of the Pro- claims; electing to file a civil action; initial appearance of this NOTICE in the Congres- cedural Rules sets forth the pre-complaint processing and transmission of claims to par- sional Record. In addition to being posted on procedures applicable to consideration of al- ties; notification requirements; voluntary the OCWR’s website (www.ocwr.gov), this leged violations of sections 201 through 207 of mediation; preliminary review of claims by a NOTICE is also available in alternative for- the CAA, which concern employment dis- ‘‘Preliminary Hearing Officer;’’ requesting mats. Requests for this NOTICE in an alter- crimination, family and medical leave, fair an administrative hearing before a ‘‘Merits native format should be made to the Office Hearing Officer;’’ summary judgment and labor standards, employee polygraph protec- of Congressional Workplace Rights, at 202– withdrawal of claims; confidentiality re- tion, worker adjustment and retraining, em- 724–9272 (voice). Submission of comments quirements; and automatic referral to con- ployment and reemployment of veterans, and must be made in writing to the Executive Di- gressional ethics committees. reprisal. Specifically, subpart B sets forth rector, Office of Congressional Workplace Proposed subpart E, which concerns Gen- procedures for mandatory pre-complaint Rights, 110 Second Street, S.E., Room LA– eral Counsel complaints, sets forth proce- counseling and mediation, as well as the 200, Washington, D.C. 20540–1999. It is re- dures for filing complaints, appointment of statutory election to file either an adminis- quested, but not required, that an electronic the Merits Hearing Officer, dismissals, sum- trative complaint with the OCWR or a civil version of any comments be provided via e- mary judgment, withdrawal of complaints, action in a U.S. district court. Under the mail to: Alexander Ruvinsky, Alexander. and confidentiality requirements. The new CAA Reform Act, however, counseling and [email protected]. Comments may also be provisions in the Reform Act governing mat- mediation are no longer mandatory jurisdic- submitted by facsimile to the Executive Di- ters such as confidential advising services, tional prerequisites to adjudication of an al- rector at 202–426–1913 (a non toll-free num- preliminary review of claims, and automatic leged violation of sections 201–07 of the CAA. ber). Those wishing to receive confirmation referral to congressional ethics committees, Therefore, the OCWR proposes to remove the of the receipt of their comments are re- do not apply to OCWR General Counsel com- procedures for mandatory counseling and quested to provide a self-addressed, stamped plaints alleging violations of sections 210, 215 mandatory mediation from subpart B. Under post card with their submission. Copies of or 220 of the Act. Therefore, they are not ad- the proposed rules, the remaining provisions submitted comments will be available for re- dressed in proposed subpart E. of subpart B—which concern mediation and view on the OCWR’s public website at Subparts F–H. Subparts F and G include the the statutory election—appear in subpart D. www.ocwr.gov. process for the conduct of administrative The OCWR proposes to reserve a new sub- hearings held as the result of the filing of an Supplementary Information part B for proposed rules and procedures for administrative claim or an administrative The Congressional Accountability Act of enforcement of the inspection, investigation complaint. Subpart H sets forth the proce- 1995, Pub. L. No. 104–1, was enacted into law and complaint sections 210(d) and (f) of the dures for appeals of decisions by Hearing Of- on January 23, 1995. The CAA applies the CAA, which relate to Public Services and Ac- ficers to the OCWR Board of Directors and rights and protections of 13 federal labor and commodations under titles II and III of the for appeals of decisions by the Board of Di- employment statutes to covered employees Americans with Disabilities Act. (Subpart C rectors to the United States Court of Ap- and employing offices within the legislative had been reserved for these rules since 1995.) peals for the Federal Circuit. branch of the federal government. Section Subpart C. The OCWR proposes to redesig- Proposed amendments to subpart F con- 301 of the CAA (2 U.S.C. 1381) establishes the nate the contents of current subpart D as cern such matters as depositions requests in OCWR as an independent office within that subpart C. Therefore, sections 3.01 through cases in which a Member of Congress is an branch. Section 303 of the CAA (2 U.S.C. 1383) 3.15 of this subpart prescribe rules and proce- intervenor, rulings on motions to quash and directs the Executive Director, as Chief Op- dures for enforcement of the inspection and motions to limit, and formal requirements erating Officer, to adopt rules of procedure citation provisions of section 215(c)(1) for sworn statements. Proposed amendments governing the OCWR, subject to approval by through (3) of the CAA, which concern the to subpart G clarify the Merits Hearing Offi- the Board of Directors of the Office. The protections set forth in the Occupational cer’s authority concerning frivolous claims,

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2336 CONGRESSIONAL RECORD — SENATE April 9, 2019 defenses, and arguments. The proposed submit a report both to the Committee on (e) Claim Form.—The term ‘‘claim form’’ amendments also set forth the substantive House Administration of the House of Rep- means the written pleading an individual requirements for the Merits Hearing Offi- resentatives and the Committee on Rules files to initiate proceedings with the Office cer’s written decision, including required and Administration of the Senate on the im- of Congressional Workplace Rights that de- findings when a final decision concerns a plementation of the training and education scribes the facts and law supporting the al- claim alleging a violation or violations de- program required under section 438(a) of the leged violation of part A of title II of the scribed in section 415(d)(1)(C) of the Act, Act. Act, which includes sections 102(c) and 201– which requires Members of the House of Rep- Explanation Regarding the Text of the Pro- 207 of the Act. The ‘‘claim form’’ also may be resentatives and the Senate to reimburse the posed Amendments referred to as the ‘‘documented claim.’’ ‘‘compensatory damages’’ portion of a deci- (f) Claimant.—The term ‘‘claimant’’ means sion, award or settlement for a violation of Only subsections of the Procedural Rules the individual filing a claim form with the section 201(a), 206(a), or 207 of the Act that that include proposed amendments are repro- Office of Congressional Workplace Rights. the Member is found to have ‘‘committed duced in this NOTICE. The insertion of a se- (g) Complaint.—The term ‘‘complaint’’ personally.’’ Proposed Amendments to sub- ries of five asterisks (*****) indicates means the written pleading filed by the Of- part H concern appellate proceedings before that a whole section or paragraph, including fice by the General Counsel with the Office the Board. They clarify that a report on pre- its subordinate sections paragraphs, is un- of Congressional Workplace Rights that de- liminary review pursuant to section 402(c) of changed, and has not been reproduced in this scribes the facts and law supporting the al- the CAA is not appealable to the Board. document. The insertion of a series of three leged violation of sections 210(d)(3), 215(c)(3) Subpart I. Subpart I concerns other mat- asterisks (* * *) indicates that the or 220(c)(2) of the Act. ters of general applicability to the dispute unamended text of higher level sections or (h) Confidential Advisor.—A ‘‘Confidential resolution process and to the OCWR’s oper- paragraphs remain unchanged when text is Advisor’’ means, pursuant to section 382 of ations. Proposed amendments to subpart I changed at a subordinate level, or that pre- the Act, a lawyer appointed or designated by concern requests for attorney fees in arbitra- ceding or remaining sentences in a para- the Executive Director to offer to provide tion proceedings; informal resolution of dis- graph are unchanged. For the text of other covered employees certain services, on a putes; general requirements for formal set- portions of the Procedural Rules which are privileged and confidential basis, which a tlement agreements—including settlement not proposed to be amended, please access covered employee may accept or decline. A of cases making allegations against a Mem- the Office of Congressional Workplace Rights Confidential Advisor is not the covered em- ber of Congress subject to the payment reim- public website at www.ocwr.gov. ployee’s designated representative. bursement provisions of section 415(d) of the Proposed Amendments Covered Employee.—see ‘‘Employee, Cov- ered,’’ below. Act. For the reasons set forth in the preamble, The proposed amendments to subpart I (i) Designated Representative.—The term the OCWR proposes to amend subparts A also concern payments governed by section ‘‘designated representative’’ means an indi- through I of its Procedural Rules as follows: 415(a) of the CAA, which provides, in rel- vidual, firm, or other entity designated in evant part, that ‘‘only funds which are ap- SUBPART A—[AMENDED] writing by a party to represent the interests propriated to an account of the Office in the [Table of contents omitted] of that party in a matter filed with the Of- Treasury of the United States for the pay- 1. Revise section 1.01 to read as follows: fice. ment of awards and settlements may be used § 1.01 Scope and Policy (j) Direct Act.—The term ‘‘direct act,’’ with for the payment of awards and settlements regard to a Library claimant, means a stat- These Rules of the Office of Congressional under this chapter.’’ Pursuant to section ute (other than the Act) that is specified in Workplace Rights (OCWR) govern the proce- 415(a), the OCWR, through its Executive Di- sections 201, 202, or 203 of the CAA. dures for considering and resolving alleged rector, prepares and processes requisitions (k) Direct Provision.—The term ‘‘direct pro- violations of the laws made applicable under for disbursements from the Treasury account vision,’’ with regard to a Library claimant, parts A, B, C, and D of title II of the Congres- established pursuant to section 415(a) when means a direct act provision (including a sional Accountability Act of 1995, as amend- qualifying final decisions, awards, or ap- definitional provision) that applies the ed by the Congressional Accountability Act proved settlements require the payment of rights or protections of a direct act (includ- of 1995 Reform Act of 2018. The Rules include funds. These proposed amendments provide ing the rights and protections relating to definitions and procedures for seeking con- further guidance for processing certifi- nonretaliation or noncoercion). fidential advice, preliminary review, medi- cations of payments from the funds appro- (l) Employee.—The term ‘‘employee’’ in- ation, filing a claim or complaint, and elect- priated to the Section 415(a) Treasury Ac- cludes an applicant for employment and a ing between filing a claim with the OCWR count. They are based on regulations issued former employee. and filing a civil action in a United States by the Department of Treasury’s Bureau of (m) Employee, Covered.—The term ‘‘covered district court under part A of title II of the Fiscal Services at 31 C.F.R. part 256, which employee’’ means any employee of CAA. The Rules also address the procedures (1) the House of Representatives; provide guidance to agencies in the execu- for compliance, investigation, and enforce- (2) the Senate; tive branch for submitting requests for pay- ment under part B of title II, and for compli- (3) the Office of Congressional Accessi- ments from the Judgment Fund, which is a ance, investigation, enforcement, and vari- bility Services; permanent, indefinite appropriation that is ance under part C of title II. The Rules in- (4) the Capitol Police; available to pay many judicially and admin- clude procedures for the conduct of hearings (5) the Congressional Budget Office; istratively ordered monetary awards against (6) the Office of the Architect of the Cap- held as a result of the filing of a claim or the United States. The proposed amend- itol; complaint and for appeals to the OCWR ments also concern reimbursement to the (7) the Office of the Attending Physician; Board of Directors from Merits Hearing Offi- Section 415(a) Treasury Account in cases (8) the Library of Congress, except for sec- cers’ decisions; as well as other matters of when the Act requires: (1) Members of the tion 220 of the Act; general applicability to the dispute resolu- House of Representatives and the Senate to (9) the Office of Congressional Workplace tion process and to the OCWR’s operations. reimburse the ‘‘compensatory damages’’ por- Rights; It is the OCWR’s policy that these Rules tion of a decision, award or settlement for a (10) the Office of Technology Assessment; shall be applied with due regard to the rights (11) the John C. Stennis Center for Public violation of section 201(a), 206(a), or 207 that of all parties and in a manner that expedites Service Training and Development; the Member is found to have ‘‘committed the resolution of disputes. (12) the China Review Commission, the personally;’’ and (2) employing offices (other 2. Revise section 1.02 to read as follows: Congressional Executive China Commission, than an employing office of the House or § 1.02 Definitions. and the Helsinki Commission; Senate) to reimburse awards and settlements (13) to the extent provided by sections 204– paid from the Section 415(a) Treasury Ac- Except as otherwise specifically provided, 207 and 215 of the Act, the Government Ac- count in connection with claims alleging the following are the definitions of terms countability Office; or violations of section 201(a) or 206(a) of the used in these Rules: (14) unpaid staff, as defined below in sub- Act. (a) Act.—The term ‘‘Act’’ means the Con- paragraph 1.02(r) of the Rules. The proposed amendments to subpart I gressional Accountability Act of 1995, as (n) Employee of the Office of the Architect of also add a new section governing the require- amended by the Congressional Account- the Capitol.—The term ‘‘employee of the Of- ment in the Reform Act that employing of- ability Act of 1995 Reform Act of 2018. fice of the Architect of the Capitol’’ includes fices must post and keep posted in con- (b) Board.—The term ‘‘Board’’ means the any employee of the Office of the Architect spicuous places on their premises the notices Board of Directors of the Office of Congres- of the Capitol, or the Botanic Garden. provided by the OCWR, which contain infor- sional Workplace Rights. (o) Employee of the Capitol Police.—The mation about employees’ rights and the (c) Chair.—The term ‘‘Chair’’ means the term ‘‘employee of the Capitol Police’’ in- OCWR’s ADR process, along with OCWR con- Chair of the Board of Directors of the Office cludes civilian employees and any member tact information. Finally, the proposed of Congressional Workplace Rights. or officer of the Capitol Police. amendments set forth rules concerning the (d) Claim.—The term ‘‘claim’’ means the al- (p) Employee of the House of Representa- new requirement in the Reform Act that legations of fact that the claimant contends tives.—The term ‘‘employee of the House of each employing office (other than any em- constitute a violation of part A of title II of Representatives’’ includes an individual oc- ploying office of the House of Representa- the Act, which includes sections 102(c) and cupying a position the pay for which is dis- tives or any employing office of the Senate) 201–207 of the Act. bursed by the Chief Administrative Officer of

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2337 the House of Representatives, or another of- (v) General Counsel.—The term ‘‘General Preliminary Hearing Officer.—see ‘‘Hearing ficial designated by the House of Representa- Counsel’’ means the General Counsel of the Officer, Preliminary,’’ above. tives, or any employment position in an en- Office of Congressional Workplace Rights. (gg) Respondent.—The term ‘‘respondent’’ tity that is paid with funds derived from the (w) Hearing.—A ‘‘hearing’’ means an ad- means the party against which a claim, a clerk-hire allowance of the House of Rep- ministrative hearing as provided in section complaint, or a petition is filed. resentatives, but not any such individual 405 of the Act, subject to Board review as (hh) Senior Staff.—The term ‘‘senior staff,’’ employed by any entity listed in subpara- provided in section 406 of the Act and judi- for purposes of the reporting requirement of graphs (3) through (13) of paragraph (m) cial review in the United States Court of Ap- the House and Senate Ethics Committees above. peals for the Federal Circuit as provided in under the Act, means any individual who is (q) Employee of the Senate.—The term ‘‘em- section 407 of the Act. employed in the House of Representatives or ployee of the Senate’’ includes any employee (x) Hearing Officer.—The term ‘‘Hearing Of- the Senate who, at the time a violation oc- whose pay is disbursed by the Secretary of ficer’’ means any individual appointed by the curred, was required to file a report under the Senate, but not any such individual em- Executive Director to preside over adminis- title I of the Ethics in Government Act of ployed by any entity listed in subparagraphs trative proceedings within the Office of Con- 1978 (5 U.S.C. App. 101 et seq.). (3) through (13) of paragraph (m) above. gressional Workplace Rights. Unpaid Staff.—see ‘‘Employee, Unpaid (r) Employee, Unpaid Staff.—The term ‘‘un- (y) Hearing Officer, Merits.—The term ‘‘Mer- Staff,’’ above. paid staff’’ means: its Hearing Officer’’ means any individual 3. Amend section 1.03 by: (1) any staff member of an employing office appointed by the Executive Director to pre- (a) Revising paragraph (a)(1); who carries out official duties of the employ- side over an administrative hearing con- (b) Revising the first four sentences of para- ing office but who is not paid by the employ- ducted on matters within the Office’s juris- graph (a)(3); and ing office for carrying out such duties (also diction under section 405 of the Act. (c) Revising the first five sentences of para- referred to as an ‘‘unpaid staff member’’), in- (z) Hearing Officer, Preliminary.—The term graph (a)(4). cluding an intern, an individual detailed to ‘‘Preliminary Hearing Officer’’ means an in- The revisions read as follows: an employing office, and an individual par- dividual appointed by the Executive Director § 1.03 Filing and Computation of Time. ticipating in a fellowship program, in the to make a preliminary review of the claim(s) same manner and to the same extent that and to issue a preliminary review report on (a) * * * (1) In Person. A document shall be deemed section 201(a) and (b) of the Act applies to a such claim(s), as provided in section 403 of timely filed if it is hand delivered to the Of- covered employee; and the Act. (2) a former unpaid staff member, if the (aa) Intern.—The term ‘‘intern,’’ for pur- fice at: Adams Building, Room LA–200, 110 act(s) that may be a violation of section poses of section 201(a) and (b) of the Act, Second Street, S.E., Washington, D.C. 20540– 201(a) of the Act occurred during the service means an individual who, for an employing 1999, before 5:00 p.m. Eastern Time on the of the former unpaid staffer for the employ- office, performs service which is uncompen- last day of the applicable time period. ing office. sated by the United States to earn credit (2) * * * (s) Employing Office.—The term ‘‘employing awarded by an educational institution or to (3) By Fax. Documents transmitted by fax office’’ means: learn a trade or occupation, and includes any machine will be deemed filed on the date re- (1) the personal office of a Member of the individual participating in a page program ceived at the Office at 202–426–1913, or on the House of Representatives or a Senator; operated by any House of Congress. date received at the Office of the General (2) a committee of the House of Represent- (bb) Library Claimant.—A ‘‘Library claim- Counsel at 202–426–1663 if received by 11:59 atives or the Senate or a joint committee; ant’’ is a covered employee of the Library of p.m. Eastern Time. Faxed documents re- (3) any other office headed by a person Congress who initially brings a claim, com- ceived after 11:59 p.m. Eastern Time will be with the final authority to appoint, hire, dis- plaint, or charge under a direct provision for deemed filed the following business day. A charge, and set the terms, conditions, or a proceeding before the Library of Congress fax filing will be timely only if the document privileges of the employment of an employee and who may, prior to requesting a hearing is received no later than 11:59 p.m. * * * of the House of Representatives or the Sen- under the Library of Congress’ procedures, (4) By Electronic Mail. Documents trans- ate; mitted electronically will be deemed filed on (4) the Office of Congressional Accessi- elect to— (1) continue with the Library of Congress’ the date received at the Office at bility Services, the Capitol Police, the Con- procedures and preserve the option (if any) [email protected], or on the date received gressional Budget Office, the Office of the to bring any civil action relating to the at the Office of the General Counsel at Architect of the Capitol, the Office of the At- claim, complaint, or charge, that is available [email protected] if received by 11:59 p.m. East- tending Physician, and the Office of Congres- to the Library claimant; or ern Time. Documents received electronically sional Workplace Rights; after 11:59 p.m. Eastern Time will be deemed (5) the Library of Congress, except for sec- (2) file a claim with the Office under sec- tion 402 of the Act and continue with the cor- filed the following business day. An elec- tion 220 of the Act; tronic filing will be timely only if the docu- (6) the John C. Stennis Center for Public responding procedures of this Act available and applicable to a covered employee. ment is received no later than 11:59 p.m. Service Training and Development, the Of- Eastern Time on the last day of the applica- fice of Technology Assessment, the China (cc) Library Visitor.—The term ‘‘Library visitor’’ means an individual who is eligible ble filing period. Any party filing a docu- Review Commission, the Congressional Exec- ment electronically is responsible for ensur- utive China Commission, and the Helsinki to allege a violation under title II or III of the Americans with Disabilities Act of 1990 ing both that the document is timely and ac- Commission; or curately transmitted and for confirming that (7) to the extent provided by sections 204– (other than a violation for which the exclu- the Office has received the document. * * * 207 and 215 of the Act, the Government Ac- sive remedy is under section 201 of the Act) countability Office. against the Library of Congress. * * * * * (t) Executive Director.—The term ‘‘Execu- (dd) Member or Member of Congress.—The 4. Amend section 1.04 by: tive Director’’ means the Executive Director terms ‘‘Member’’ and ‘‘Member of Congress’’ (a) Revising paragraph (a); of the Office of Congressional Workplace mean a United States Senator, a Representa- (b) Revising the first sentence of paragraph Rights. tive in the House of Representatives, a Dele- (b); and (u) Final Disposition.—The term ‘‘final dis- gate to Congress, or the Resident Commis- (c) Revising paragraphs (c) through (d). position’’ of a claim under section 416(d) of sioner from Puerto Rico. The revisions read as follows: Merits Hearing Officer.—see ‘‘Hearing Offi- the Act means any of the following: § 1.04 Filing, Service, and Size Limitations of (1) An order or agreement to pay an award cer, Merits,’’ above. Motions, Briefs, Responses, and Other or settlement, including an agreement (ee) Office.—The term ‘‘Office’’ means the Documents. reached pursuant to mediation under section Office of Congressional Workplace Rights. 404 of the Act; (ff) Party.—The term ‘‘party’’ means: (a) Filing with the Office; Number and Form. (2) A final decision of a hearing officer (1) an employee or employing office in a One copy of claims, General Counsel com- under section 405(g) of the Act that is no proceeding under part A of title II of the Act; plaints, requests for mediation, requests for longer subject to review by the Board under (2) a charging individual, an entity alleged inspection under OSH, unfair labor practice section 406; to be responsible for correcting a violation, charges, charges under titles II and III of the (3) A final decision of the Board under sec- or the General Counsel in a proceeding under Americans with Disabilities Act of 1990, all tion 406(e) of the Act that is no longer sub- part B of title II of the Act; motions, briefs, responses, and other docu- ject to appeal to the United States Court of (3) an employee, employing office, or as ap- ments must be filed with the Office. A party Appeals for the Federal Circuit under section propriate, the General Counsel in a pro- may file an electronic version of any submis- 407; ceeding under part C of title II of the Act; sion in a format designated by the Board, the (4) A final decision in a civil action under (4) a labor organization, individual employ- Executive Director, the General Counsel, or section 408 of the Act that is no longer sub- ing office or employing activity, or as appro- the Merits Hearing Officer, with receipt con- ject to appeal; or priate, the General Counsel in a proceeding firmed by electronic transmittal in the same (5) A final decision of an appellate court, to under part D of title II of the Act; or format. include the United States Court of Appeals (5) any individual, office, Member of Con- (b) Service. The parties shall serve on each for the Federal Circuit, that is no longer sub- gress, or organization that has intervened in other one copy of all motions, briefs, re- ject to review. a proceeding. sponses and other documents filed with the

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2338 CONGRESSIONAL RECORD — SENATE April 9, 2019 Office, other than the request for advising, above at the Office of Congressional Work- be a party or witness. These rules do not pre- the request for mediation, and the claim. place Rights, Adams Building, Room LA–200, clude the Office from reporting information *** 110 Second Street SE, Washington, D.C. to the Senate and House of Representatives (c) Time Limitations for Response to Motions 20540–1999, under conditions prescribed by the as required by the Act. or Briefs and Reply. Unless otherwise speci- Office, including requiring payment for copy- (e) Contents or Records of Mediation or Hear- fied by the Merits Hearing Officer or these ing costs, and at reasonable times during ings. For the purpose of this rule, the con- Rules, a party shall file a response to a mo- normal working hours so long as it does not tents or records of the confidential advising tion or brief within 15 days of the service of interfere with the efficient operations of the process, mediation or other proceeding in- the motion or brief upon the party. Any Office. * * * cludes the information disclosed by partici- reply to such response shall be filed and (c) Copies of Forms. Copies of blank forms pants to the proceedings, and records dis- served within 5 days of the service of the re- prescribed by the Office for the filing of closed by the opposing party, witnesses, or sponse. Only with the Merits Hearing Offi- claims, complaints, and other actions or re- the Office. A participant is free to disclose cer’s advance approval may either party file quests may be obtained from the Office or facts and other information obtained from additional responses or replies. online at www.ocwr.gov. any source outside of the mediation or hear- (d) Size Limitations. Except as otherwise * * * * * ing. For example, an employing office or its specified no brief, motion, response, or sup- representatives may disclose information (f) [Removed] porting memorandum filed with the Office about its employment practices and per- 7. Amend section 1.07 by republishing the first shall exceed 35 double-spaced pages, exclu- sonnel actions, provided that the informa- two sentences of paragraph (c) and revising the sive of the table of contents, table of au- tion was not obtained in a confidential pro- third sentence of paragraph (c). The revisions thorities and attachments. The Board, the ceeding. However, a claimant who obtains read as follows: Executive Director, or the Merits Hearing that information in mediation or other con- Officer may modify this limitation upon mo- § 1.07 Designation of Representative. fidential proceeding may not disclose such tion and for good cause shown, or on their * * * * * information. Similarly, information forming own initiative. Briefs, motions, responses, (c) Revocation of a Designation of Represent- the basis for the allegation of a claimant and supporting memoranda shall be on ative. A revocation of a designation of rep- may be disclosed by that claimant, provided standard letter-size paper (8-1⁄2″ x 11″). If a fil- resentative, whether made by the party or that the information contained in those alle- ing exceeds 35 double-spaced pages, the by the representative with notice to the gations was not obtained in a confidential Board, the Executive Director, or the Merits party, must be made in writing and filed proceeding. However, the employing office or Hearing Officer may, in their discretion, re- with the Office. The revocation will be its representatives may not disclose that in- ject the filing in whole or in part, and may deemed effective the date of receipt by the formation if it was obtained in a confidential provide the parties an opportunity to refile. Office. Consistent with any applicable statu- proceeding. 5. Amend section 1.05 by revising paragraph tory time limit, at the discretion of the Ex- (f) Sanctions. The Executive Director will (a). The revisions read as follows: ecutive Director, General Counsel, mediator, advise all participants in the mediation and § 1.05 Signing of Pleadings, Motions, and hearing officer, or Board, additional time hearing at the time they became partici- Other Filings; Violation of Rules; Sanc- may be provided to allow the party to des- pants of the confidentiality requirements of tions. ignate a new representative as consistent section 416 of the Act and that sanctions (a) Signing. Every pleading, motion, and with the Act. may be imposed by a Hearing Officer for a other filing of a party represented by an at- 8. Amend section 1.08 by: violation of those requirements. No sanc- torney or other designated representative (a) Revising paragraphs (a) through (e); and tions may be imposed except for good cause shall be signed by the attorney or represent- (b) Republishing paragraph (f). and the particulars of which must be stated ative. A party who is not represented shall The revisions read as follows: in the sanction order. sign the pleading, motion or other filing. In § 1.08 Confidentiality. SUBPART B—[AMENDED] the case of an electronic filing, an electronic (a) Policy. Except as provided in sections [Table of contents omitted] signature is acceptable. The signature of a 302(d) and 416(c), (d), and (e) of the Act, the Amend subpart B by: representative or party constitutes a certifi- Office shall maintain confidentiality in the (1) Removing sections 2.01 through 2.07; and cate by the signer that the signer has read confidential advising process, mediation, and (2) Reserving subpart B for rules concerning the pleading, motion, or other filing; that to the proceedings and deliberations of hearing ‘‘Compliance, Investigation, and Enforcement the best of the signer’s knowledge, informa- officers and the Board in accordance with under Section 210 of the Act (ADA Public Serv- tion, and belief formed after reasonable in- sections 302(d)(2)(B) and 416(a)–(b) of the Act. ices)—Inspections and Complaints’’ quiry, each of the following is correct: (b) Participant. For the purposes of this SUBPART C—[REDESIGNATED AND (1) It is not presented for any improper rule, ‘‘participant’’ means an individual or AMENDED] purpose, such as to harass, cause unneces- entity who takes part as either a party, wit- [Table of contents omitted] sary delay, or needlessly increase the cost of ness, or designated representative in con- 1. Amend subpart C by: resolution of the matter; fidential advising under section 302(d) of the (a) Redesignating subpart D as subpart C, (2) The claims, defenses, and other legal Act, mediation under section 404, the claim and amending the references as indicated in the contentions the party advocates are war- and hearing process under section 405, or an table below: ranted by existing law or by a nonfrivolous appeal to the Board under section 406 of the argument for extending, modifying, or re- Act, or any related proceeding which is ex- Old Section New Section versing existing law or for establishing new pressly or by necessity deemed confidential 4.01 ...... 3.01 law; under the Act or these rules. 4.02 ...... 3.02 (3) The factual contentions have evi- (c) Prohibition. Unless specifically author- 4.03 ...... 3.03 dentiary support or, if specifically so identi- 4.04 ...... 3.04 ized by the provisions of the Act or by these 4.05 ...... 3.05 fied, will likely have evidentiary support rules, no participant in the confidential ad- 4.06 ...... 3.06 after a reasonable opportunity for further re- vising process, mediation, or other pro- 4.07 ...... 3.07 view or discovery; and 4.08 ...... 3.08 ceedings made confidential under section 416 4.09 ...... 3.09 (4) The denials of factual contentions are of the Act may disclose a written or an oral 4.10 ...... 3.10 warranted on the evidence or, if specifically communication that is prepared for the pur- 4.11 ...... 3.11 so identified, are reasonably based on belief 4.12 ...... 3.12 pose of or that occurs during the confidential 4.13 ...... 3.13 or a lack of information. advising process, mediation, and the pro- 4.14 ...... 3.14 ceedings and deliberations of Hearing Offi- 4.15 ...... 3.15 * * * * * 4.20 ...... 3.20 6. Amend section 1.06 by: cers and the Board. 4.21 ...... 3.21 (a) Revising paragraph (a); (d) Exceptions. Nothing in these rules pro- 4.22 ...... 3.22 (b) Revising the first sentence of paragraph hibits a party or its representative from dis- 4.23 ...... 3.23 4.24 ...... 3.24 (b); closing information obtained in mediation or 4.25 ...... 3.25 (c) Revising paragraphs (c) through (d); and hearings when reasonably necessary to in- 4.26 ...... 3.26 (d) Removing paragraph (f). vestigate claims, ensure compliance with the 4.27 ...... 3.27 The revisions read as follows: 4.28 ...... 3.28 Act, or prepare its prosecution or defense. 4.29 ...... 3.29 § 1.06 Availability of Official Information. However, the party making the disclosure 4.30 ...... 3.30 (a) Policy. It is the policy of the Board, the shall take all reasonably appropriate steps 4.31 ...... 3.31 Executive Director, and the General Counsel, to ensure that persons to whom the informa- (b) In subpart C, when referencing sections except as otherwise ordered by the Board, to tion is disclosed maintain the confiden- 4.01 through 4.15 or 4.20 through 4.31, writing make available for public inspection and tiality of such information. These rules do the corresponding new section number as indi- copying final decisions and orders of the not preclude a mediator from consulting cated in the table above. Board and the Office, as specified and de- with the Office, except that when the cov- 2. Amend redesignated section 3.07 by revising scribed in subparagraph (d) below. ered employee is an employee of the Office, the last sentence of paragraph (g)(1) as follows: (b) Availability. Any person may examine a mediator shall not consult with any indi- and copy items described in paragraph (a) vidual within the Office who is or who might * * * * *

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2339 § 3.07 Conduct of Inspections. does not conform to the applicable section, (4) the Age Discrimination in Employment * * * * * the Merits Hearing Officer or the Board, as Act of 1967 applicable, may deny the application. (5) the Family and Medical Leave Act of (g) Trade Secrets. * * * * * 1993 (1) * * * In any such proceeding the Merits (6) the Employee Polygraph Protection Act 7. Amend redesignated section 3.29 by revising Hearing Officer or the Board shall issue such of 1988 it as follows: orders as may be appropriate to protect the (7) the Worker Adjustment and Retraining confidentiality of trade secrets. § 3.29 Consolidation of Proceedings. Notification Act 4. Amend redesignated section 3.14 by revising On the motion of the Merits Hearing Offi- (8) the Rehabilitation Act of 1973 the second sentence of paragraph (b) as follows: cer or the Board or that of any party, the (9) chapter 43 (relating to veterans’ em- § 3.14 Failure to Correct a Violation for Merits Hearing Officer or the Board may ployment and re-employment) of title 38, Which a Citation Has Been Issued; Notice consolidate or contemporaneously consider United States Code of Failure to Correct Violation; Com- two or more proceedings which involve the (10) chapter 35 (relating to veterans’ pref- plaint. same or closely related issues. erence) of title 5, United States Code 8. Amend redesignated section 3.30 by (11) the Genetic Information Non- * * * * * (1) Revising the second sentence of paragraph discrimination Act of 2008 (b) * * * The complaint shall be submitted (a)(1); (b) This subpart applies to the covered em- to a Merits Hearing Officer for decision pur- (2) Revising paragraph (b)(3); ployees and employing offices as defined in suant to subsections (b) through (h) of sec- (3) Revising paragraph (c); and subparagraphs 1.02(m) and (s) of these Rules tion 405 of the Act, subject to review by the (4) Revising paragraph (d). and any activities within the coverage of Board pursuant to section 406. * * * The revisions read as follows: sections 102(c) and 201–07 of the Act and ref- 3. Amend redesignated section 3.22 by revising § 3.30 Consent Findings and Rules or Orders. erenced above in subparagraph 4.01(a) of the second sentence as follows: (a) General. * * * The allowance of such op- these Rules. § 3.22 Effect of Variances. portunity and the duration thereof shall be § 4.02 Requests for Advice and Information. * * * In its discretion, the Board may de- in the discretion of the Merits Hearing Offi- At any time, an employee or an employing cline to entertain an application for a vari- cer, after consideration of the nature of the office may seek from the Office informal ad- ance on a subject or issue concerning which proceeding, the requirements of the public vice and information on the procedures of a citation has been issued to the employing interest, the representations of the parties, the Office and under the Act and information office involved and a proceeding on the cita- and the probability of an agreement which on the protections, rights and responsibil- tion or a related issue concerning a proposed will result in a just disposition of the issues ities under the Act and procedures available period of abatement is pending before the involved. under the Act. The Office will maintain the General Counsel, a Merits Hearing Officer, or (b) Contents. Any agreement containing confidentiality of requests for such advice or the Board until the completion of such pro- consent findings and rule or order disposing information. ceeding. of a proceeding shall also provide: § 4.03 Confidential Advising Services. 4. Amend redesignated section 3.25 by: * * * * * (a) Appointment or Designation of Confiden- (a) Revising the second sentence of paragraph (3) a waiver of any further procedural steps (a); and tial Advisors. The Executive Director shall before the Merits Hearing Officer and the appoint or designate one or more Confiden- (b) Revising the second sentence of paragraph Board; and (c)(1). tial Advisors to carry out the duties set The revisions read as follows: * * * * * forth in section 302(d)(2) of the Act. (c) Submission. On or before the expiration (1) Qualifications. A Confidential Advisor § 3.25 Applications for Temporary Variances of the time granted for negotiations, the par- appointed or designated by the Executive Di- and Other Relief. ties or their counsel may: rector must be a lawyer who is admitted to (a) Application for Variance. * * * Pursuant (1) submit the proposed agreement to the practice before, and is in good standing with, to section 215(c)(4) of the Act, the Board Merits Hearing Officer for his or her consid- the bar of a State or territory of the United shall refer any matter appropriate for hear- eration; or States or the District of Columbia, and who ing to a Merits Hearing Officer under sub- (2) inform the Merits Hearing Officer that has experience representing clients in cases sections (b) through (h) of section 405, sub- agreement cannot be reached. involving the laws incorporated by section ject to review by the Board pursuant to sec- (d) Disposition. In the event an agreement 102 of the Act. A Confidential Advisor may tion 406. * * * containing consent findings and rule or order be an employee of the Office. A Confidential * * * * * is submitted within the time allowed there- Advisor cannot serve as a mediator in any (c) Interim Order. for, the Merits Hearing Officer may accept mediation conducted pursuant to section 404 (1) Application. * * * The Merits Hearing such agreement by issuing his or her deci- of the Act. Officer to whom the Board has referred the sion based upon the agreed findings. (2) Restrictions. A Confidential Advisor may application may rule ex parte upon the ap- 9. Amend redesignated section 3.31 by revising not act as the designated representative for plication. paragraph (a) as follows: any covered employee in connection with the § 3.31 Order of Proceedings and Burden of covered employee’s participation in any pro- * * * * * Proof. ceeding, including any proceeding under the 5. Amend redesignated section 3.26 by: (a) Order of Proceeding. Except as may be Act, any judicial proceeding, or any pro- (a) Revising the second sentence of paragraph ordered otherwise by the Merits Hearing Of- ceeding before any committee of Congress. A (a); and ficer, the party applicant for relief shall pro- Confidential Advisor may not offer or pro- (b) Revising the second sentence of paragraph ceed first at a hearing. vide any of the services in section 302(d)(2) of (c)(1). the Act if the covered employee has des- The revisions read as follows: * * * * * ignated an attorney representative in con- § 3.26 Applications for Permanent Variances SUBPART D—[AMENDED] nection with the employee’s participation in and Other Relief. Add a new subpart D as follows: any proceeding under the Act, except that the Confidential Advisor may provide gen- (a) Application for Variance. * * * Pursuant SUBPART D—CLAIMS PROCEDURES AP- eral assistance and information to the attor- to section 215(c)(4) of the Act, the Board PLICABLE TO CONSIDERATION OF AL- ney representative regarding the Act and the shall refer any matter appropriate for hear- LEGED VIOLATIONS OF SECTIONS 102(c) role of the Office, as the Confidential Advi- ing to a Merits Hearing Officer under sub- AND 201–07 OF THE CONGRESSIONAL AC- sor deems appropriate. sections (b) through (h) of section 405, sub- COUNTABILITY ACT OF 1995, AS AMEND- (3) Continuity of Service. Once a covered em- ject to review by the Board pursuant to sec- ED BY THE CAA REFORM ACT OF 2018. ployee has accepted and received any serv- tion 406. [Table of Contents omitted] ices offered under section 302(d)(2) of the Act * * * * * § 4.01 Matters Covered by this Subpart. from a Confidential Advisor, any other serv- (c) Interim Order. (a) These rules govern the processing of ices requested under section 302(d)(2) by the (1) Application. * * * The Merits Hearing any allegation that sections 102(c) or 201 covered employee shall be provided, to the Officer to whom the Board has referred the through 206 of the Act have been violated extent practicable, by the same Confidential application may rule ex parte upon the ap- and any allegation of intimidation or re- Advisor. plication. prisal prohibited under section 207 of the (b) Who May Obtain the Services of a Con- * * * * * Act. Sections 102(c) and 201–06 of the Act fidential Advisor. The services provided by a Confidential Advisor are available to any 6. Amend redesignated section 3.28 by revising apply to covered employees and employing covered employee, including any unpaid staff paragraph (a)(1) as follows: offices certain rights and protections of the following laws: and any former covered employee, except § 3.28 Action on Applications. (1) the Fair Labor Standards Act of 1938 that a former covered employee may only re- (a) Defective Applications. (2) title VII of the Civil Rights Act of 1964 quest such services if the alleged violation (1) If an application filed pursuant to sec- (3) title I of the Americans with Disabil- occurred during the employment or service tions 3.25(a), 3.26(a), or 3.27 of these Rules ities Act of 1990 of the employee; and a covered employee

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2340 CONGRESSIONAL RECORD — SENATE April 9, 2019 may only request such services before the filing a timely claim pursuant to section 402 § 4.06 Initial Processing and Transmission of end of the 180–day period described in section of the Act. Claim; Notification Requirements. 402(d) of the Act. (b) When to File. (a) After receiving a claim form, the Office (c) Services Provided by a Confidential Advi- (1) A covered employee may not file a shall record the pleading, transmit imme- sor. A Confidential Advisor shall offer to pro- claim under this section alleging a violation diately a copy of the claim form to the head vide the following services to covered em- of law after the expiration of the 180–day pe- of the employing office and the designated ployees, on a privileged and confidential riod that begins on the date of the alleged representative of that office, and provide the basis, which may be accepted or declined: violation. parties with all relevant information regard- (1) informing, on a privileged and confiden- (2) Special Rule for Library of Congress ing their rights under the Act. An employee tial basis, a covered employee who has been Claimants. A claim filed by a Library claim- filing an amended claim form pursuant to subject to a practice that may be a violation ant shall be deemed timely filed under sec- § 4.04 of these Rules shall serve a copy of the of sections 102(c) or 201–07 of the Act about tion 402 of the Act: amended claim form upon all other parties the employee’s rights under the Act; (A) if the Library claimant files the claim in the manner provided by § 1.04(b). A copy of (2) consulting, on a privileged and con- within the time period specified in subpara- these Rules also may be provided to the par- fidential basis, with a covered employee who graph (1); or ties upon request. The Office shall include a has been subject to a practice that may be a (B) the Library claimant: service list containing the names and ad- violation of sections 102(c) or 201–07 of the (i) initially filed a claim under the Library dresses of the parties and their designated Act regarding— of Congress’s procedures set forth in the ap- representatives. (A) the roles, responsibilities, and author- plicable direct provision under section (b) Notification of Availability of Mediation. ity of the Office; and 401(d)(1)(B) of the Act; (1) Upon receipt of a claim form, the Office (B) the relative merits of securing private (ii) met any initial deadline under the Li- shall notify the covered employee who filed counsel, designating a nonattorney rep- brary of Congress’s procedures for filing the the claim form about the mediation process resentative, or proceeding without represen- claim; and under section 4.07 of these Rules below and tation for proceedings before the Office; (iii) subsequently elected to file a claim the deadlines applicable to mediation. (3) advising and consulting, on a privileged with the Office under section 402 of the Act (2) Upon transmission to the employing of- and confidential basis, with a covered em- prior to requesting a hearing under the Li- fice of the claim, the Office shall notify the ployee who has been subject to a practice brary of Congress’s procedures. employing office about the mediation proc- that may be a violation of sections 102(c) or (c) Form and Contents. All claims shall be ess under the Act and the deadlines applica- 201–07 of the Act regarding any claims the on the form provided by the Office either on ble to mediation. covered employee may have under title IV of paper or electronically, signed manually or (c) Special Notification Requirements for the Act, the factual allegations that support electronically under oath or affirmation by Claims Based on Acts by Members of Congress. each such claim, and the relative merits of the claimant or the claimant’s representa- When a claim alleges a violation described in the procedural options available to the em- tive, and contain the following information, subparagraphs (A) and (B) of section 402(b)(2) of the Act that consists of a violation de- ployee for each such claim; if known: (4) assisting, on a privileged and confiden- (1) the name, mailing and e-mail addresses, scribed in section 415(d)(1)(A) by a Member of Congress, the Office shall notify imme- tial basis, a covered employee who seeks and telephone number(s) of the claimant; diately such Member of the claim, the possi- consideration under title IV of an allegation (2) the name of the employing office bility that the Member may be required to of a violation of sections 102(c) or 201–07 of against which the claim is brought; (3) the name(s) and title(s) of the indi- reimburse the account described in section the Act in understanding the procedures, and vidual(s) involved in the conduct that the 415(a) of the Act for the reimbursable portion the significance of the procedures, described employee alleges is a violation of the Act; of any award or settlement in connection in title IV, including— (4) a description of the conduct being chal- with the claim, and the right of the Member (A) assisting or consulting with the cov- lenged, including the date(s) of the conduct; under section 415(d)(8) to intervene in any ered employee regarding the drafting of a (5) a description of why the claimant be- mediation, hearing, or civil action under the claim form to be filed under section 402(a) of lieves the challenged conduct is a violation Act as to the claim. the Act; and of the Act; (d) Special Rule for Architect of the Capitol, (B) consulting with the covered employee (6) a statement of the specific relief or Capitol Police and Library of Congress Employ- regarding the procedural options available to remedy sought; and ees. The Executive Director, after receiving a the covered employee after a claim form is (7) the name, mailing and e-mail addresses, claim filed under section 402 of the Act, may filed, and the relative merits of each option; and telephone number of the representative, recommend that a claimant use, for a spe- and if any, who will act on behalf of the claim- cific period of time, the grievance procedures (5) informing, on a privileged and confiden- ant. referenced in any Memorandum of Under- tial basis, a covered employee who has been (d) Election of Remedies for Library of Con- standing between the Office and the Archi- subject to a practice that may be a violation gress Employees. A Library claimant who ini- tect of the Capitol, the Capitol Police, or the of sections 102(c) or 201–07 of the Act about tially files a claim for an alleged violation as Library of Congress. Any pending deadline in the option of pursuing, in appropriate cir- provided in section 402 of the Act may, at the Act relating to a claim for which the cumstances, a complaint with the Com- any time within 10 days after a Preliminary claimant uses such grievance procedures mittee on Ethics of the House of Representa- Hearing Officer submits the report on the shall be stayed during that specific period of tives or the Select Committee on Ethics of preliminary review of the claim pursuant to time. the Senate. section 403, elect instead to bring the claim § 4.07 Mediation. (d) Privilege and Confidentiality. Although before the Library of Congress under the cor- (a) Overview. Mediation is a process in the Confidential Advisor is not the employ- responding direct provision. ee’s representative, the services provided which employees, including unpaid staff for under subparagraph (c) of this section, and § 4.05 Right to File a Civil Action. purposes of section 201 of the Act, employing any related communications between the (a) A covered employee may file a civil ac- offices, and their representatives, if any, Confidential Advisor and the employee be- tion in Federal district court pursuant to meet with a mediator trained to assist them fore or after the filing of a claim, shall be section 401(b) of the Act if the covered em- in resolving disputes. As participants in the strictly confidential and shall be privileged ployee: mediation, employees, employing offices, from discovery. All of the records main- (1) has timely filed a claim as provided in and their representatives discuss alter- tained by a Confidential Advisor regarding section 402 of the Act; and natives to continuing their dispute, includ- communications between the employee and (2) has not submitted a request for an ad- ing the possibility of reaching a voluntary, the Confidential Advisor are the property of ministrative hearing on the claim pursuant mutually satisfactory resolution. The medi- the Confidential Advisor and not the Office, to section 405(a) of the Act. ator cannot impose a specific resolution, and are not records of the Office within the (b) Period for Filing a Civil Action. A civil all information discussed or disclosed in the meaning of section 301(m) of the Act, shall be action pursuant to section 401(b) of the Act course of any mediation shall be strictly maintained by the Confidential Advisor in a must be filed within a 70–day period begin- confidential, pursuant to section 416 of the secure and confidential manner, and may be ning on the date the claim form was filed. Act. Notwithstanding the foregoing, section (c) Effect of Filing a Civil Action. If a claim- destroyed under appropriate circumstances. 416 expressly provides that a covered em- ant files a civil action concerning a claim Upon request from the Office, the Confiden- ployee may disclose the ‘‘factual allegations during a preliminary review of that claim tial Advisor may provide the Office with sta- underlying the covered employee’s claim’’ pursuant to section 403 of the Act, the review tistical information about the number of and an employing office may disclose ‘‘the terminates immediately upon the filing of contacts from covered employees and the factual allegations underlying the employing the civil action, and the Preliminary Hear- general subject matter of the contacts from office’s defense to the claim[.]’’ ing Officer has no further involvement. (b) Availability of Optional Mediation. Upon covered employees. (d) Notification of Filing a Civil Action. A receipt of a claim filed pursuant to section § 4.04 Claims. claimant filing a civil action in Federal dis- 402 of the Act, the Office shall notify the cov- (a) Who May File. A covered employee al- trict court pursuant to section 401(b) of the ered employee and the employing office leging any violation of sections 102(c) or 201– Act shall notify the Office within 10 days of about the process for mediation and applica- 07 of the Act may commence a proceeding by the filing. ble deadlines. If the claim alleges a Member

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2341 committed an act made unlawful under sec- that the participants adhere to the confiden- lieve that there is a basis for disqualifica- tions 201(a), 206(a) or 207 of the Act which tiality of the process and a notice that a tion. consists of a violation of section 415(d)(1)(A), breach of the mediation agreement could re- (3) The Preliminary Hearing Officer shall the Office shall permit the Member to inter- sult in sanctions later in the proceedings. promptly rule on the withdrawal motion. If vene in the mediation. The request for medi- (i) The parties, including an intervenor the motion is granted, the Executive Direc- ation shall contain the claim number, the re- Member, may elect to participate in medi- tor will appoint another Preliminary Hear- questing party’s name, office or personal ad- ation proceedings through a designated rep- ing Officer within 3 days. Any objection to dress, e-mail address, telephone number, and resentative, provided that the representative the Preliminary Hearing Officer’s ruling on the opposing party’s name. Failure to re- has actual authority to agree to a settle- the withdrawal motion shall not be deemed quest mediation does not adversely impact ment agreement, or has immediate access to waived by a party’s further participation in future proceedings. someone with actual settlement authority, the preliminary review process. Such objec- (c) Timing. The covered employee or the and provided further that, should the medi- tion will not stay the conduct of the prelimi- employing office may file a written request ator deem it appropriate at any time, the nary review process. for mediation beginning on the date that the physical presence in mediation of any party (c) Assessments Required. In conducting a covered employee or employing office, re- may be required. The Office may participate preliminary review of a claim or claims spectively, receives notice from the Office in the mediation process through a rep- under this section, the Preliminary Hearing about the mediation process. The time to re- resentative and/or observer. The mediator Officer shall assess each of the following: quest mediation under these rules ends on may determine, as best serves the interests (1) whether the claimant is a covered em- the date on which a Merits Hearing Officer of mediation, whether the participants may ployee authorized to obtain relief relating to issues a written decision on the claim, or the meet jointly or separately with the medi- the claim(s) under the Act; covered employee files a civil action, ator. At the request of any of the parties, the (2) whether the office which is the subject (d) Notice of Commencement of the Mediation. parties shall be separated during medation. of the claim(s) is an employing office under The Office shall promptly notify the oppos- (j) Informal Resolutions and Settlement the Act; ing party or its designated representative of Agreements. At any time during mediation (3) whether the individual filing the the request for mediation and the deadlines the parties may resolve or settle a dispute in claim(s) has met the applicable deadlines for applicable to such mediation. When a claim accordance with subparagraph 9.03 of these filing the claim(s) under the Act; (4) the identification of factual and legal alleges a violation described in subpara- Rules. issues in the claim(s); graphs (A) and (B) of section 402(b)(2) of the (k) Conclusion of the Mediation Period and (5) the specific relief sought by the claim- Act that consists of a violation described in Notice. If, at the end of the mediation period, ant; section 415(d)(1)(A) by a Member of Congress, the parties have not resolved the matter (6) whether, on the basis of the assess- the Office shall notify immediately such that forms the basis of the request for medi- ments made under paragraphs (1) through Member of the right to intervene in any me- ation, the Office shall provide the employee, (5), the claimant is a covered employee who diation concerning the claim. Member, and the employing office, and their has stated a claim for which, if the allega- (e) Selection of Mediators; Disqualification. representatives, with written notice that the tions contained in the claim are true, relief Upon receipt of the second party’s agreement mediation period has concluded. The written may be granted under the Act; and to mediate, the Executive Director shall as- notice will be e-filed, e†mailed, sent by first- (7) the potential for the settlement of the sign one or more mediators from a master class mail, faxed, or personally delivered. claim(s) without a formal hearing as pro- list developed and maintained pursuant to (l) Independence of the Mediation Process vided under section 405 of the Act or a civil section 404 of the Act, to commence the me- and the Mediator. The Office will maintain action as provided under section 408 of the diation process. Should the mediator con- the independence of the mediation process Act. sider himself or herself unable to perform in and the mediator. No individual appointed (d) Amendments to Claims. Amendments to a neutral role in a given situation, he or she by the Executive Director to mediate may the claim(s) may be permitted in the Pre- shall withdraw from the matter and imme- conduct or aid in a hearing conducted under liminary Hearing Officer’s discretion, taking diately shall notify the Office of the with- section 405 of the Act with respect to the the following factors into consideration: drawal. Any party may ask the Office to dis- same matter or shall be subject to subpoena (1) whether the amendments relate to the qualify a mediator by filing a written re- or any other compulsory process with re- cause of action set forth in the claim(s); and quest, including the reasons for such request, spect to the same matter. (2) whether such amendments will unduly with the Executive Director. This request (m) Violation of Confidentiality in Mediation. prejudice the rights of the employing office, shall be filed as soon as the party has reason An alleged violation of the confidentiality or of other parties, unduly delay the prelimi- to believe there is a basis for disqualifica- provisions may be made by a party in medi- nary review, or otherwise interfere with or tion. The Executive Director’s decision on ation to the mediator during the mediation impede the proceedings. this request shall be final and unreviewable. period and, if not resolved by agreement in (e) Report on Preliminary Review. (f) Duration and Extension. mediation, to a Merits Hearing Officer dur- (1) Except as provided in subparagraph (2), (1) The mediation period shall be 30 days ing proceedings brought under section 405 of not later than 30 days after a claim form is beginning on the first day after the second the Act. filed, the Preliminary Hearing Officer shall party agrees to mediate the matter. (n) Exceptions to Confidentiality in Medi- submit to the claimant and the respondent(s) (2) The Executive Director shall extend the ation. It shall not be a violation of confiden- a report on the preliminary review. The re- mediation period an additional 30 days upon tiality to provide the information required port shall include a determination whether the joint written request of the parties, or of by sections 301(l) and 416(d) of the Act. the claimant is a covered employee who has the appointed mediator on behalf of the par- § 4.08 Preliminary Review of Claims. stated a claim for which, if the allegations ties. The request shall be written and filed contained in the claim are true, relief may (a) Appointment of Preliminary Hearing Offi- with the Executive Director no later than be granted under the Act. Submitting the re- cer. Not later than 7 days after transmission the last day of the mediation period. port concludes the preliminary review. (g) Effect of Mediation on Proceedings. to the employing office of a claim or claims, (2) In determining whether a claimant has Upon the parties’ agreement to mediate a the Executive Director shall appoint a hear- stated a claim for which relief may be grant- claim, any deadline relating to the proc- ing officer to conduct a preliminary review ed under the Act, the Preliminary Hearing essing of that claim that has not already of the claim or claims filed by the claimant. Officer shall: passed by the first day of the mediation pe- The appointment of the Preliminary Hearing (A) be guided by judicial and Board deci- riod, shall be stayed during the mediation Officer shall be in accordance with the re- sions under the laws made applicable by sec- period. quirements of section 405(c) of the Act. tion 102 of the Act; and (h) Procedures. (b) Disqualifying a Preliminary Hearing Offi- (B) consider whether the legal contentions (1) The Mediator’s Role. After assignment of cer. the claimant advocates are warranted by ex- the case, the mediator will contact the par- (1) In the event that a Preliminary Hearing isting law or by a nonfrivolous argument for ties. The mediator has the responsibility to Officer considers himself or herself disquali- extending, modifying, or reversing existing conduct the mediation, including deciding fied, either because of personal bias or of an law or for establishing new law. how many meetings are necessary and who interest in the case or for some other dis- (3) Extension of Deadline. The Preliminary may participate in each meeting. The medi- qualifying reason, he or she shall withdraw Hearing Officer may, upon notice to the indi- ator may accept and may ask the parties to from the case, stating in writing or on the vidual filing the claim(s) and the respond- provide written submissions. record the reasons for his or her withdrawal, ent(s), use an additional period of not to ex- (2) The Agreement to Mediate. At the com- and shall immediately notify the Office of ceed 30 days to conclude the preliminary re- mencement of the mediation, the mediator the withdrawal. view. will ask the participants and/or their rep- (2) Any party may file a motion requesting (f) Effect of Determination of Failure to State resentatives to sign an agreement prepared that a Preliminary Hearing Officer withdraw a Claim for which Relief may be Granted. by the Office (‘‘the Agreement to Mediate’’). on the basis of personal bias or of an interest (1) If the Preliminary Hearing Officer’s re- The Agreement to Mediate will define what in the case or for some other disqualifying port under subparagraph (e) includes the de- is to be kept confidential during mediation reason. This motion shall specifically set termination that the claimant is not a cov- and set out the conditions under which medi- forth the reasons supporting the request and ered employee or has not stated a claim for ation will occur, including the requirement be filed as soon as the party has reason to be- which relief may be granted under the Act:

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2342 CONGRESSIONAL RECORD — SENATE April 9, 2019 (A) the claimant (including a Library unless to do so would unduly prejudice the Subpart E—General Counsel Complaints claimant) may not obtain an administrative rights of the other party or unduly delay or [Table of contents omitted] hearing as provided under section 405 of the otherwise interfere with or impede the pro- § 5.01 Complaints. Act as to the claim; and ceedings. (a) Who May File. (B) the Preliminary Hearing Officer shall § 4.10 Summary Judgment and Withdrawal of The General Counsel may timely file a provide the claimant and the Executive Di- Claims. complaint alleging a violation of sections rector with written notice that the claimant (a) If a claimant fails to proceed with a 210, 215 or 220 of the Act. may file a civil action as to the claim in ac- claim, the Merits Hearing Officer may dis- (b) When to File. cordance with section 408 of the Act. miss the claim with prejudice. A complaint may be filed by the General (2) The claimant must file the civil action (b) Summary Judgment. A Merits Hearing Counsel: not later than 90 days after receiving the Officer may, after notice and an opportunity (1) after the investigation of a charge filed written notice referred to in subparagraph for the parties to address the question of under section 210 or 220 of the Act, or (1)(B). summary judgment, issue summary judg- (2) after the issuance of a citation or noti- (g) Transmission of Report on Preliminary Re- ment on the claim. A motion before the Mer- fication under section 215 of the Act. view of Certain Claims to Congressional Ethics its Hearing Officer asserting that the cov- (c) Form and Contents. Committees. When a Preliminary Hearing Of- ered employee has failed to state a claim A complaint filed by the General Counsel ficer issues a report on the preliminary re- upon which relief can be granted shall be shall be in writing, signed by the General view of a claim alleging a violation described construed as a motion for summary judg- Counsel, or his designee, and shall contain in section 415(d)(1)(A) of the Act, the Pre- ment on the ground that the moving party is the following information: liminary Hearing Officer shall transmit the entitled to judgment as to that claim as a (1) the name, mail and e-mail addresses, if report to— matter of law. available, and telephone number of the em- (1) the Committee on Ethics of the House (c) Appeal. A final decision by the Merits ploying office, as applicable: of Representatives, in the case of such an al- Hearing Officer made under section 4.10 or (A) each entity responsible for correction leged act by a Member of the House of Rep- 7.16 of these Rules may be subject to appeal of an alleged violation of section 210(b) of the resentatives (including a Delegate or Resi- before the Board if the aggrieved party files Act; dent Commissioner to the Congress); or a timely petition for review under section (B) each employing office alleged to have (2) the Select Committee on Ethics of the 8.01 of these Rules. A final decision under violated section 215 of the Act; or Senate, in the case of such an alleged act by subparagraphs 4.10(a)–(d) of these Rules that (C) each employing office and/or labor or- a Senator. does not resolve all of the issues in the ganization alleged to have violated section § 4.09 Request for Administrative Hearing. case(s) before the Merits Hearing Officer 220, against which the complaint is brought; (a) Except as provided in subparagraph (b), may not be appealed to the Board in advance (2) notice of the charge filed alleging a vio- a claimant may submit to the Executive Di- of a final decision entered under section 7.16 lation of section 210 or 220 of the Act and/or rector a written request for an administra- of these Rules, except as authorized pursuant issuance of a citation or notification under tive hearing under section 405 of the Act not to section 7.13. section 215; later than 10 days after the Preliminary (d) Withdrawal of Claim. At any time, a (3) a description of the acts and conduct Hearing Officer submits the report on the claimant may withdraw his or her own that are alleged to be violations of the Act, preliminary review of a claim under section claim(s) by filing a notice with the Office for including all relevant dates and places, and 403(c). transmittal to the Preliminary or Merits the names and titles of the responsible indi- (b) Subparagraph (a) does not apply to the Hearing Officer and by serving a copy on the viduals; and claim if— respondent(s). Any such withdrawal must be (4) a statement of the relief or remedy (1) the preliminary review report of the approved by the relevant Hearing Officer and sought. claim under section 403(c) of the Act includes may be with or without prejudice to refile at (d) Amendments. Amendments to the com- the determination that the individual filing that Hearing Officer’s discretion. plaint may be permitted by the Office or, the claim is not a covered employee who has (e) Withdrawal from a Case by a Representa- after assignment, by a Hearing Officer, on stated a claim for which relief may be grant- tive. A representative must provide sufficient the following conditions: that all parties to ed, as described in section 403(d) of the Act; notice to the Hearing Officer and the parties the proceeding have adequate notice to pre- or of record of his or her withdrawal from a pare to meet the new allegations; that the (2) the covered employee files a civil action case. Until the party designates another rep- amendments, as appropriate, relate to the as to the claim as provided in section 408 of resentative in writing, the party will be re- charge(s) investigated and/or the citation or the Act. garded as appearing pro se. notification issued by the General Counsel; (c) Appointment of the Merits Hearing Offi- § 4.11 Confidentiality. and that permitting such amendments will cer. (a) Pursuant to section 416 of the Act, ex- not unduly prejudice the rights of the em- (1) Upon the filing of a request for an ad- cept as provided in subsections 416(c), (d) and ploying office, the labor organization, or ministrative hearing under subparagraph (a) (e), all proceedings and deliberations of other parties, unduly delay the completion of this section, the Executive Director shall Hearing Officers and the Board, including of the hearing, or otherwise interfere with or appoint an independent Merits Hearing Offi- any related records, shall be confidential. A impede the proceedings. cer to consider the claim(s) and render a de- violation of the confidentiality requirements (e) Service of Complaint. Upon receipt of a cision, who shall have the authority speci- of the Act and these rules may result in the complaint or an amended complaint, the Of- fied in sections 4.10 and 7.01 of these Rules imposition of procedural or evidentiary sanc- fice shall serve the respondent, or its des- below. tions. See also sections 1.08, 1.09 and 7.12 of ignated representative, by hand delivery or (2) The Preliminary Hearing Officer shall these Rules. first-class mail, e-mail, or facsimile with a not serve as the Merits Hearing Officer in (b) The fact that a request for an adminis- copy of the complaint or amended complaint the same case. trative hearing has been filed with the Office and written notice of the availability of (d) Answer. by a covered employee shall be kept con- these Rules at www.ocwr.gov. A copy of (1) Within 10 days after the filing of a re- fidential by the Office, except as allowed by these Rules may also be provided if re- quest for an administrative hearing under these Rules. quested by either party. The Office shall in- subparagraph (a), the respondent(s) shall file clude a service list containing the names and § 4.12 Automatic Referral to Congressional an answer with the Office and serve one copy addresses of the parties and their designated Ethics Committees. on the claimant. Filing a motion to dismiss representatives. a claim does not stay the time period for fil- Pursuant to section 416(d) of the Act, upon (f) Answer. ing the answer. the final disposition of a claim alleging a (1) Within 10 days after receipt of a copy of (2) In answering a claim form, the respond- violation described in section 415(d)(1)(C) a complaint or an amended complaint, the ent(s) must state in short and plain terms its committed personally by a Member of the respondent shall file an answer with the Of- defenses to each claim asserted against it House of Representatives (including a Dele- fice and serve one copy on the General Coun- and admit or deny the allegations asserted gate or Resident Commissioner to the Con- sel. Filing a motion to dismiss a claim does against it. gress) or a Senator, or by a senior staff of the not stay the time period for filing the an- (3) Failure to deny an allegation, other House of Representatives or Senate, the Ex- swer. than one relating to the amount of damages, ecutive Director shall refer the claim to— (2) In answering a complaint, a respondent or to raise a defense as to any allegation(s) (a) the Committee on Ethics of the House must state in short and plain terms its de- shall constitute an admission of such allega- of Representatives, in the case of a Member fenses to each claim asserted against it and tion(s). Affirmative defenses not raised in an or senior staff of the House; or admit or deny the allegations asserted answer that could have reasonably been an- (b) the Select Committee on Ethics of the against it by an opposing party. ticipated based on the facts alleged in the Senate, in the case of a Senator or senior (3) Failure to deny an allegation, other claim form shall be deemed waived. staff of the Senate. than one relating to the amount of damages, (4) A respondent’s motion for leave to SUBPART E—[AMENDED] or to raise a claim or defense as to any alle- amend an answer to interpose a denial or af- [Table of contents omitted] gation(s) shall constitute an admission of firmative defense will ordinarily be granted Revise subpart E to read as follows: such allegation(s). Affirmative defenses not

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2343 raised in an answer that could have reason- all proceedings and deliberations of Merits trial preparation materials and any other in- ably been anticipated based on the facts al- Hearing Officers and the Board, including formation deemed not discoverable, or to leged in the complaint shall be deemed any related records, shall be confidential. protect a party or person from annoyance, waived. Section 416(b) does not apply to proceedings embarrassment, oppression, or undue burden (4) A respondent’s motion for leave to under section 215 of the Act, but does apply or expense. amend an answer to interpose a denial or af- to the deliberations of Merits Hearing Offi- (d) Claims of Privilege. firmative defense will ordinarily be granted cers and the Board under section 215. A vio- (1) Information Withheld. Whenever a party unless to do so would unduly prejudice the lation of the confidentiality requirements of withholds information otherwise discover- rights of the other party or unduly delay or the Act and these rules may result in the im- able under these Rules by claiming that it is otherwise interfere with or impede the pro- position of procedural or evidentiary sanc- privileged or confidential or subject to pro- ceedings. tions. See also sections 1.08 and 7.12 of these tection as hearing or trial preparation mate- (g) Motion to Dismiss. In addition to an an- Rules. rials, the party shall make the claim of privilege expressly in writing and shall de- swer, a respondent may file a motion to dis- SUBPART F—[AMENDED] miss, or other responsive pleading with the scribe the nature of the documents, commu- [Table of Contents Omitted] nications or things not produced or disclosed Office and serve one copy on the complain- Revise subpart F to read as follows: ant. Responses to any motions shall comply in a manner that, without revealing whether § 6.01 Discovery. with subparagraph 1.04(c) of these Rules. A the information itself is privileged or pro- motion asserting that the General Counsel (a) Description. Discovery is the process by tected, will enable other parties to assess the has failed to state a claim upon which relief which a party may obtain from another per- applicability of the privilege or protection. A can be granted may, in the Merits Hearing son, including a party, information that is party must make a claim for privilege no Officer’s discretion, be construed as a motion not privileged and that is reasonably cal- later than the due date to produce the infor- for summary judgment pursuant to subpara- culated to lead to the discovery of admis- mation. (2) Information Produced as Inadvertent Dis- graph 5.03(d) of these Rules on the ground sible evidence, to assist that party in devel- closure; Sealing All or Part of the Record. If in- that the moving party is entitled to judg- oping, preparing and presenting its case at formation produced in discovery is subject to ment as a matter of law. the hearing. No discovery, whether oral or written, by any party shall be taken of or a claim of privilege or of protection as hear- § 5.02 Appointment of the Merits Hearing Of- from an employee of the Office of Congres- ing preparation material, the party making ficer. sional Workplace Rights (including but not the claim of privilege may notify any party Upon the filing of a complaint, the Execu- limited to a Board member, the Executive that received the information of the claim of tive Director will appoint an independent Director, the General Counsel, a Confidential privilege and the basis for it. After being no- Merits Hearing Officer, who shall have the Advisor, a mediator, a hearing officer, or un- tified, a party must promptly return, seques- authority specified in subparagraphs 5.03 and paid staff), including files, records, or notes ter, or destroy the specified information and 7.01(b) of the Rules below. produced during the confidential advising, any copies it has; must not use or disclose § 5.03 Dismissal, Summary Judgment and mediation, and hearing phases of a case and the information until the claim of privilege Withdrawal of Complaints. maintained by the Office, the Confidential is resolved; must take reasonable steps to re- trieve the information if the party disclosed (a) A Merits Hearing Officer may, after no- Advisor, the mediator, or the hearing officer. (b) Initial Disclosure. Within 14 days after it before being notified; and may promptly tice and an opportunity to respond, dismiss present the information to the Merits Hear- any claim that the Merits Hearing Officer the prehearing conference in cases com- menced by the filing of a claim pursuant to ing Officer or the Board under seal for a de- finds to be frivolous or that fails to state a termination of the claim of privilege. The claim upon which relief may be granted. section 402(a) of the Act, and except as other- wise stipulated or ordered by the Merits producing party must preserve the informa- (b) A Merits Hearing Officer may, after no- tion until the claim of privilege is resolved. tice and an opportunity to respond, dismiss a Hearing Officer (the hearing officer ap- complaint because it fails to comply with pointed by the Executive Director to conduct § 6.02 Request for Subpoena. the applicable time limits or other require- the administrative hearing), a party must, (a) Authority to Issue Subpoenas. At the re- ments under the Act or these Rules. without awaiting a discovery request, pro- quest of a party, the Merits Hearing Officer (c) If the General Counsel fails to proceed vide to the other parties: the name and, if may issue subpoenas for the attendance and with an action, the Merits Hearing Officer known, mail and e-mail addresses, and tele- testimony of witnesses and for the produc- may dismiss the complaint with prejudice. phone number of each individual likely to tion of correspondence, books, papers, docu- (d) Summary Judgment. A Merits Hearing have discoverable information that the dis- ments, or other records. The attendance of Officer may, after notice and an opportunity closing party may use to support its causes witnesses and the production of records may for the parties to address the question of of action or defenses; and a copy or a descrip- be required from any place within the United summary judgment, issue summary judg- tion by category and location of all docu- States. However, no subpoena shall be issued ment on some or all of the complaint. ments, electronically stored information, for the attendance or testimony of an em- (e) Appeal. A final decision by the Merits and tangible things that the disclosing party ployee or agent of the Office of Congres- Hearing Officer made under sections 5.03(a)– has in its possession, custody, or control and sional Workplace Rights (including but not (d) or 7.16 of these Rules may be subject to may use to support its claims or defenses. limited to a Board member, the Executive appeal before the Board if the aggrieved (c) Discovery Availability. Pursuant to sec- Director, the General Counsel, a Confidential Advisor, a mediator, a hearing officer, or un- party files a timely petition for review under tion 405(e) of the Act, reasonable prehearing paid staff), or for the production of files, section 8.01. A final decision under old sub- discovery may be permitted at the Merits records, or notes produced during the con- paragraph 5.03(a)–(d) that does not resolve all Hearing Officer’s discretion. fidential advising process, in mediation, or of the claims or issues in the case(s) before (1) The parties may take discovery by one at the hearing. Employing offices shall make the Merits Hearing Officer may not be ap- or more of the following methods: deposi- their employees available for discovery and pealed to the Board in advance of a final de- tions upon oral examination or written ques- hearing without requiring a subpoena. cision entered under section 7.16 of these tions; written interrogatories; production of Rules, except as authorized pursuant to sec- documents or things or permission to enter * * * * * tion 7.13. upon land or other property for inspection or (b) Request. A request to issue a subpoena (f) Withdrawal of Complaint by the General other purposes; physical and mental exami- requiring the attendance and testimony of Counsel. At any time prior to the opening of nations; and requests for admissions. Noth- witnesses or the production of documents or the hearing, the General Counsel may with- ing in section 415(d) of the Act—dealing with other evidence under paragraph (a) above draw his complaint by filing a notice with reimbursements by Members of Congress of shall be submitted to the Merits Hearing Of- the Office for transmittal to the Merits amounts paid as settlements and awards— ficer at least 15 days before the scheduled Hearing Officer and by serving a copy on the may be construed to require the claimant to hearing date. If the subpoena is sought as respondent. After opening of the hearing, be deposed by counsel for the intervening part of the discovery process, the request any such withdrawal must be approved by member in a deposition that is separate from shall be submitted to the Merits Hearing Of- the Merits Hearing Officer and may be with any other deposition taken from the claim- ficer at least 10 days before the date that a or without prejudice to refile at the Merits ant in connection with the hearing or civil witness must attend a deposition or the date Hearing Officer’s discretion. action. for the production of documents. The Merits (2) The Merits Hearing Officer may adopt (g) Withdrawal from a Case by a Representa- Hearing Officer may waive the time limits standing orders or make any order setting tive. A representative must provide sufficient stated above for good cause. forth the forms and extent of discovery, in- notice to the Merits Hearing Officer and the (c) Forms and Showing. Requests for sub- cluding orders limiting the number of depo- parties of record of his or her withdrawal poenas shall be submitted in writing to the sitions, interrogatories, and requests for pro- from a case. Until the party designates an- Merits Hearing Officer and shall specify with duction of documents, and also may limit other representative in writing, the party particularity the witness, correspondence, the length of depositions. will be regarded as appearing pro se. books, papers, documents, or other records (3) The Merits Hearing Officer may issue desired and shall be supported by a showing § 5.04 Confidentiality. any other order to prevent discovery or dis- of general relevance and reasonable scope. Pursuant to section 416(b) of the Act, ex- closure of confidential or privileged mate- (d) Rulings. The Merits Hearing Officer cept as provided in subsections 416(c) and (f), rials or information, as well as hearing or shall promptly rule on subpoena requests.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2344 CONGRESSIONAL RECORD — SENATE April 9, 2019 § 6.03 Service. going is true and correct. Executed on (date). ing an order to submit to a deposition, to Subpoenas shall be served in the manner (Signature).’’ produce evidence within the party’s control, provided under Rule 45(b) of the Federal (b) If executed outside the United States: or to produce witnesses), the Merits Hearing Rules of Civil Procedure. Service of a sub- ‘‘I declare (or certify, verify, or state) under Officer may: poena may be made by any person who is penalty of perjury under the laws of the (A) draw an inference in favor of the re- over 18 years of age and is not a party to the United States of America that the foregoing questing party on the issue related to the in- proceeding. is true and correct. Executed on (date). (Sig- formation sought; nature).’’ (B) stay further proceedings until the order § 6.04 Proof of Service. SUBPART G—[AMENDED] is obeyed; When service of a subpoena is effected, the (C) prohibit the party failing to comply [Table of Contents Omitted] person serving the subpoena shall certify the with such order from introducing evidence Revise subpart G to read as follows: date and the manner of service. The party on concerning, or otherwise relying upon, evi- whose behalf the subpoena was issued shall § 7.01 The Merits Hearing Officer. dence relating to the information sought; file the server’s certification with the Merits This subpart concerns the duties and re- (D) permit the requesting party to intro- Hearing Officer. sponsibilities of Merits Hearing Officers, who duce secondary evidence concerning the in- § 6.05 Motion to Quash or Limit. are appointed by the Executive Director to formation sought; Any person against whom a subpoena is di- preside over the administrative hearings (E) strike, in whole or in part, the claim, rected may file a motion to quash or limit under the Act. The duties and responsibil- briefs, answer, or other submissions of the the subpoena setting forth the reasons why ities of Preliminary Hearing Officers are party failing to comply with the order, as ap- the subpoena should not be complied with or contained in section 5.08 of these Rules. propriate; or why it should be limited in scope. This mo- (a) Exercise of Authority. The Merits Hear- (F) direct judgment against the non-com- tion shall be filed with the Merits Hearing ing Officer may exercise authority as pro- plying party in whole or in part. Officer before the time specified in the sub- vided in subparagraph (b) of this section (2) Failure to Prosecute or Defend. If a party poena for compliance and not later than 10 upon his or her own initiative or upon a par- fails to prosecute or defend a position, the days after service of the subpoena. The Mer- ty’s motion, as appropriate. Merits Hearing Officer may dismiss the ac- its Hearing Officer should promptly rule on a (b) Authority. Merits Hearing Officers shall tion with prejudice or decide the matter, motion to quash or limit and ensure that the conduct fair and impartial hearings and take when appropriate. person receiving the subpoena is made aware all necessary action to avoid undue delay in (3) Failure to Make Timely Filing. The Mer- of the ruling. disposing of all proceedings. They shall have its Hearing Officer may refuse to consider all powers necessary to that end unless oth- any request, motion or other action that is § 6.06 Enforcement. erwise limited by law, including, but not not filed in a timely fashion in compliance (a) Objections and Requests for Enforcement. limited to, the authority to: with this subpart. If a person has been served with a subpoena (1) administer oaths and affirmations; (4) Frivolous Claims, Defenses, and Argu- pursuant to section 6.03 of the Rules, but (2) rule on motions to disqualify designated ments. If a party or a representative files a fails or refuses to comply with its terms or representatives; claim that fails to meet the requirements of otherwise objects to it, the party or person (3) issue subpoenas in accordance with sec- section 401(f) of the Act, the Merits Hearing objecting or the party seeking compliance tion 6.02 of these Rules; Officer may dismiss the claim, in whole or in may seek a ruling from the Merits Hearing (4) rule upon offers of proof and receive rel- part, with prejudice or decide the matter for Officer. The request for a ruling shall be sub- evant evidence; the opposing party. If a party or a represent- mitted in writing to the Merits Hearing Offi- (5) rule upon discovery issues as appro- ative presents a pleading, written motion, or cer. However, it may be made orally on the priate under sections 6.01 to 6.06 of these other paper containing claims, defenses, and record at the hearing at the discretion of the Rules; other legal contentions for any improper Merits Hearing Officer. The party seeking (6) hold prehearing conferences for simpli- purpose, such as to harass, cause unneces- compliance shall present the proof of service fying issues and settlement; sary delay, or needlessly increase the cost of and, except when the witness was required to (7) convene a hearing, as appropriate, regu- resolution of the matter, the Merits Hearing appear before the Merits Hearing Officer, late the course of the hearing, and maintain Officer may reject the claims, defenses or shall submit evidence, by affidavit or dec- decorum at and exclude from the hearing legal contentions, in whole or in part. A laration, of the failure or refusal to obey the any person who disrupts, or threatens to dis- claim, defense, or legal contention shall not subpoena. rupt, that decorum; be subject to sanctions if it constitutes a (b) Ruling by the Merits Hearing Officer. (8) exclude from the hearing any person, nonfrivolous argument for extending, modi- (1) The Merits Hearing Officer shall except any claimant, any party, the attorney fying, or reversing existing law or for estab- promptly rule on the request for enforce- or representative of any claimant or party, lishing new law. ment and/or the objection(s). or any witness while testifying; (5) Failure to Maintain Confidentiality. An (2) On request of the objecting witness or (9) rule on all motions, witness and exhibit allegation regarding a violation of the con- any party, the Merits Hearing Officer shall— lists, and proposed findings, including mo- fidentiality provisions may be made to a or on the Hearing Officer’s own initiative, tions for summary judgment; Merits Hearing Officer in proceedings under the Hearing Officer may—refer the ruling to (10) require the filing of briefs, memoranda section 405 of the Act. If, after notice and the Board for review. of law, and the presentation of oral argu- hearing, the Merits Hearing Officer deter- (c) Review by the Board. The Board may ment as to any question of fact or law; mines that a party has violated the confiden- overrule, modify, remand, or affirm the Mer- (11) order the production of evidence and tiality provisions, the Merits Hearing Officer its Hearing Officer’s ruling and, in its discre- the appearance of witnesses; may: tion, may direct the General Counsel to (12) impose sanctions as provided under (A) direct that the matters related to the apply in the name of the Office for an order section 7.02 of these Rules; breach of confidentiality or other designated from a United States district court to en- (13) file decisions on the issues presented at facts be taken as established for purposes of force the subpoena. the hearing; the action, as the prevailing party contends; (d) Application to an Appropriate Court; Civil (14) dismiss any claim that is found to be (B) prohibit the party breaching confiden- Contempt. If a person fails to comply with a frivolous or that fails to state a claim upon tiality from supporting or opposing des- subpoena, the Board may direct the General which relief may be granted; ignated claims or defenses, or from intro- Counsel to apply, in the name of the Office, (15) maintain and enforce the confiden- ducing designated matters in evidence; to an appropriate United States district tiality of proceedings; and (C) strike the pleadings in whole or in part; court for an order requiring that person to (16) waive or modify any procedural re- (D) stay further proceedings until the appear before the Merits Hearing Officer to quirements of subparts F and G of these breach of confidentiality is resolved to the give testimony or produce records. Any fail- Rules so long as permitted by the Act. extent possible; ure to obey a lawful order of the district § 7.02 Sanctions. (E) dismiss the action or proceeding in court may be held by such court to be a civil whole or in part; or (a) When necessary to regulate the course contempt thereof. (F) render a default judgment against the of the proceedings (including the hearing), party breaching confidentiality. § 6.07 Requirements for Sworn Statements. the Merits Hearing Officer may impose an (c) No sanctions may be imposed under this Any time that the Office and/or a Hearing appropriate sanction, which may include, section except for good cause and the par- Officer requires an affidavit or sworn state- but is not limited to, the sanctions specified ticulars of which must be stated in the sanc- ment from a party or a witness, he or she in this section, on the parties and/or their tion order. should refer the party or witness to a sample representatives. declaration under 28 U.S.C. § 1746, which sub- (b) The Merits Hearing Officer may impose § 7.03 Disqualifying a Merits Hearing Officer. stantially requires: sanctions upon the parties and/or their rep- (a) In the event that a Merits Hearing Offi- (a) If executed within the United States, resentatives based on, but not limited to, the cer considers himself or herself disqualified, its territories, possessions, or common- circumstances set forth in this section. either because of personal bias or of an inter- wealths: ‘‘I declare (or certify, verify, or (1) Failure to Comply with an Order. When a est in the case or for some other disquali- state) under penalty of perjury that the fore- party fails to comply with an order (includ- fying reason, he or she shall withdraw from

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2345 the case, stating in writing or on the record might be simplified and any other issues testify, excluding impeachment or rebuttal the reasons for his or her withdrawal, and that might expedite resolving the dispute. witnesses. shall immediately notify the Office of the The Merits Hearing Officer shall issue an (d) At the commencement of the hearing, withdrawal. order, which recites the actions taken at the or as otherwise ordered by the Merits Hear- (b) Any party may file a motion requesting conference and the parties’ agreements as to ing Officer, the Merits Hearing Officer may that a Merits Hearing Officer withdraw on any matters considered, and which limits the consider any stipulations of facts and law the basis of personal bias or of an interest in issues to those not disposed of by the parties’ pursuant to section 7.10 of the Rules, take of- the case or for some other disqualifying rea- admissions, stipulations, or agreements. ficial notice of certain facts pursuant to sec- son. This motion shall specifically set forth Such order, when entered, shall control the tion 7.11 of the Rules, rule on the parties’ ob- the reasons supporting the request and be course of the proceeding, subject to later jections and hear witness testimony. Each filed as soon as the party has reason to be- modification by the Merits Hearing Officer party must present his or her case in a con- lieve that there is a basis for disqualifica- by his or her own motion or upon proper re- cise manner, limiting the testimony of wit- tion. quest of a party for good cause shown. nesses and submission of documents to rel- (c) The Merits Hearing Officer shall § 7.05 Scheduling the Hearing. evant matters. promptly rule on the withdrawal motion. If (e) Any evidentiary objection not timely (a) Date, Time, and Place of Hearing. The Of- the motion is granted, the Executive Direc- made before a Merits Hearing Officer shall, fice shall issue the notice of hearing, which tor will appoint another Merits Hearing Offi- absent clear error, be deemed waived on ap- shall fix the date, time, and place of hearing. cer within 5 days. Any objection to the Mer- peal to the Board. Absent a postponement granted by the Of- its Hearing Officer’s ruling on the with- (f) Failure of either party to appear at the fice, a hearing must commence no later than drawal motion shall not be deemed waived hearing, to present witnesses, or to respond 60 days after the filing of the claim(s). by a party’s further participation in the to an evidentiary order may result in an ad- (b) Motions for Postponement or a Continu- hearing and may be the basis for an appeal verse finding or ruling by the Merits Hearing ance. Motions for postponement or for a con- to the Board from the Merits Hearing Offi- Officer. At the Merits Hearing Officer’s dis- tinuance by either party shall be made in cer’s decision under section 8.01 of these cretion, the hearing also may be held with- writing to the Merits Hearing Officer, shall Rules. Such objection will not stay the con- out the claimant if the claimant’s represent- set forth the reasons for the request, and duct of the hearing. ative is present. shall state whether or not the opposing party (g) If the Merits Hearing Officer concludes § 7.04 Motions and Prehearing Conference. consents to such postponement. A Merits that an employee’s representative, a witness, (a) Motions. Motions shall be filed with the Hearing Officer may grant such a motion a charging party, a labor organization, an Merits Hearing Officer and shall be in writ- upon a showing of good cause. In no event employing office, or an entity alleged to be ing except for oral motions made on the will a hearing commence later than 90 days responsible for correcting a violation has a record during the hearing. All written mo- after the filing of the claim form. conflict of interest, the Merits Hearing Offi- tions and any responses to them shall in- § 7.06 Consolidation and Joinder of Cases. cer may, after giving the representative an clude a proposed order, when applicable. (a) Explanation. opportunity to respond, disqualify the rep- Only with the Merits Hearing Officer’s ad- (1) Consolidation is when two or more par- resentative. In that event, within the time vance approval may either party file addi- ties have cases that might be treated as one limits for hearing and decision established tional responses to the motion or to the re- because they contain identical or similar by the Act, the affected party shall be af- sponse to the motion. Motions for extension issues or in such other appropriate cir- forded reasonable time to retain other rep- of time will be granted only for good cause cumstances. resentation. shown. (2) Joinder is when one party has two or § 7.08 Transcript. (b) Scheduling the Prehearing Conference. more cases pending and they are united for Within 7 days after a Merits Hearing Officer (a) Preparation. The Office shall keep an ac- consideration. For example, joinder might be is assigned to adjudicate the claim(s), the curate electronic or stenographic hearing warranted when a single party has one case Merits Hearing Officer shall serve on the par- record, which shall be the sole official record pending challenging a 30–day suspension and ties and their designated representatives of the proceeding. The Office shall be respon- another case pending challenging a subse- written notice setting forth the time, date, sible for the cost of transcribing the hearing. quent dismissal. Upon request, a copy of the hearing tran- and place of the prehearing conference, ex- (b) Authority. The Executive Director (be- cept that the Executive Director may, for script shall be furnished to each party, pro- fore assigning a Merits Hearing Officer to ad- vided, however, that such party has first good cause, extend up to an additional 7 days judicate a claim); a Merits Hearing Officer the time for serving notice of the prehearing agreed to maintain and respect the confiden- (during the hearing); or the Board (during an tiality of such transcript in accordance with conference. appeal) may consolidate or join cases on (c) Prehearing Conference Memoranda. The the applicable rules prescribed by the Office their own initiative or on the motion of a Merits Hearing Officer may order each party or the Merits Hearing Officer to effectuate party if to do so would expedite case proc- to prepare a prehearing conference memo- section 416(b) of the Act. Additional copies of essing and not adversely affect the parties’ randum. The Merits Hearing Officer may di- transcripts shall be made available to a interests, taking into account the confiden- rect that a memorandum be filed after dis- party at the party’s expense. The Office may tiality requirements of section 416 of the covery has concluded. The memorandum grant exceptions to the payment require- Act. may include: ment for good cause shown. A motion for an (1) the major factual contentions and legal § 7.07 Conduct of Hearing; Disqualifying a exception shall be made in writing, accom- issues that the party intends to raise at the Representative. panied by an affidavit or a declaration set- hearing in short, successive, and numbered (a) Pursuant to section 405(d)(1) of the Act, ting forth the reasons for the request, and paragraphs, along with any proposed stipula- the Merits Hearing Officer shall conduct the submitted to the Office. Requests for copies tions of fact or law; hearing in closed session on the record. Only of transcripts also shall be directed to the (2) an estimate of the time necessary for the Merits Hearing Officer, the parties and Office. The Office may, by agreement with presenting the party’s case; their representatives, and witnesses during the person making the request, arrange with (3) the specific relief, including, when the time they are testifying, shall be per- the official hearing reporter for required known, a calculation of any monetary relief mitted to attend the hearing, except that the services to be charged to the requester. or damages that is being or will be re- Office may not be precluded from observing (b) Corrections. Corrections to the official quested; the hearing. The Merits Hearing Officer, or a transcript of the hearing will be permitted. (4) the names of potential witnesses for the person designated by the Merits Hearing Of- Motions for correction must be submitted party’s case, except for potential impeach- ficer or the Executive Director, shall record within 10 days of service of the transcript ment or rebuttal witnesses, and the purpose the proceedings. upon the parties. Corrections to the official for which they will be called and a list of (b) The hearing shall be conducted as an transcript will be permitted only upon the documents that the party is seeking from administrative proceeding. Witnesses shall approval of the Merits Hearing Officer. The the opposing party, and, if discovery was per- testify under oath or affirmation. Except as Merits Hearing Officer may make correc- mitted, the status of any pending request for specified in the Act and in these Rules, the tions at any time with notice to the parties. discovery. (It is not necessary to list each Merits Hearing Officer shall conduct the § 7.09 Admissibility of Evidence. document requested. Instead, the party may hearing, to the greatest extent practicable, The Merits Hearing Officer shall apply the refer to the request for discovery.); and consistent with the principles and proce- Federal Rules of Evidence to the greatest ex- (5) a brief description of any other unre- dures in sections 554 through 557 of title 5 of tent practicable. These Rules provide, among solved issues. the United States Code (the Administrative other things, that the Merits Hearing Officer (d) At the prehearing conference, the Mer- Procedure Act). may exclude evidence if, among other things, its Hearing Officer may discuss the subjects (c) No later than the opening of the hear- it constitutes inadmissible hearsay or its specified in paragraph (c) above and the ing, or as otherwise ordered by the Merits probative value is substantially outweighed manner in which the hearing will be con- Hearing Officer, each party shall submit to by the danger of unfair prejudice, by confu- ducted. In addition, the Merits Hearing Offi- the Merits Hearing Officer and to the oppos- sion of the issues, or by considerations of cer may explore settlement possibilities and ing party typed lists of the hearing exhibits undue delay, waste of time, or needless pres- consider how the factual and legal issues and the witnesses expected to be called to entation of cumulative evidence.

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If all the tion presented on the record; conditions set forth in paragraph (c) above (4) determine whether a violation has oc- (a) The Merits Hearing Officer on his or her are met, the Merits Hearing Officer shall cer- curred; and own motion or on motion of a party, may tify and forward a request for interlocutory (5) order such remedies as are appropriate take official notice of a fact that is not sub- appeal to the Board for its immediate con- under the Act. ject to reasonable dispute because it is ei- sideration. Any such submission shall ex- (c) If a final decision concerns a claim al- ther: plain the basis on which the Merits Hearing leging a violation or violations described in (1) a matter of common knowledge; or section 415(d)(1)(C) of the Act, the written (2) capable of accurate and ready deter- Officer concluded that the standards in para- graph (c) have been met. The Merits Hearing decision shall include the following findings: mination by resort to sources whose accu- (1) whether the alleged violation or viola- racy cannot reasonably be questioned. Offi- Officer’s decision to forward or decline to forward a request for review is not appeal- tions occurred; cial notice taken of any fact satisfies a par- (2) whether any violation or violations ty’s burden of proving the fact noticed. able. (e) Granting or Denying an Interlocutory Ap- found to have occurred were committed per- (b) When a decision, or part thereof, rests sonally by an individual who, at the time of on the official notice of a material fact not peal is Within the Board’s Sole Discretion. The Board, in its sole discretion, may grant or committing the violation, was a Member of appearing in the evidence in the record, the the House of Representatives (including a fact of official notice shall be so stated in deny an interlocutory appeal, upon the Mer- its Hearing Officer’s certification and deci- Delegate or Resident Commissioner to the the decision, and any party, upon timely re- Congress) or a Senator; quest, shall be afforded an opportunity to sion to forward a request for review. The Board’s decision to grant or deny an inter- (3) the amount of compensatory damages, show the contrary. if any, awarded pursuant to section § 7.12 Confidentiality. locutory appeal is not appealable. (f) Stay Pending Interlocutory Appeal. Unless 415(d)(1)(B) of the Act; and (a) Pursuant to section 416 of the Act and (4) the amount, if any, of compensatory otherwise directed by the Board, the stay of section 1.08 of these Rules, all proceedings damages that is the ‘‘reimbursable portion’’ any proceedings during the pendency of ei- and deliberations of Merits Hearing Officers as defined by section 415(d) of the Act. ther a request for interlocutory appeal or the and the Board, including the hearing tran- (d) Upon issuance, the Merits Hearing Offi- appeal itself shall be within the Merits Hear- scripts and any related records, shall be con- cer’s decision and order shall be entered into ing Officer’s discretion, provided that no fidential, except as specified in sections the Office’s records. stay shall serve to toll the time limits set 416(c), (d), (e), and (f) of the Act and subpara- (e) The Office shall promptly provide a forth in section 405(d) of the Act. If the Mer- graph 1.08(d) of these Rules. All parties to copy of the Merits Hearing Officer’s decision its Hearing Officer does not stay the pro- the proceeding and their representatives, and and order to the parties. ceedings, the Board may do so while an in- witnesses who appear at the hearing, will be (f) If there is no appeal of a Merits Hearing terlocutory appeal is pending with it. Officer’s decision and order, that decision be- advised of the importance of confidentiality (g) Procedures before the Board. Upon its de- in this process and of their obligations, sub- comes a final decision of the Office, which is cision to grant interlocutory appeal, the subject to enforcement under section 8.03 of ject to sanctions, to maintain it. This provi- Board shall issue an order setting forth the sion shall not apply to proceedings under these Rules. procedures that will be followed in the con- (g) Corrections to the Record. After a Merits section 215 of the Act, but shall apply to the duct of that review. Merits Hearing Officers’ and the Board’s de- Hearing Officer’s decision has been issued, (h) Appeal of a Final Decision. Denial of in- but before an appeal is made to the Board, or liberations under that section. terlocutory appeal will not affect a party’s (b) Violation of Confidentiality. A Merits absent an appeal, before the decision be- right to challenge rulings, which are other- Hearing Officer, under section 405 of the Act, comes final, the Merits Hearing Officer may wise appealable, as part of an appeal to the may resolve an alleged violation of confiden- issue an erratum notice to correct simple er- Board under section 8.01 of the Rules from tiality that occurred during a hearing. After rors or easily correctible mistakes. The Mer- the Merits Hearing Officer’s decision issued providing notice and an opportunity to the its Hearing Officer may do so on the parties’ under section 7.16 of these Rules. parties to be heard, the Merits Hearing Offi- motion or on his or her own motion with or cer, under subparagraph 1.08(f) of these § 7.14 Proposed Findings of Fact and Conclu- without advance notice. Rules, may find a violation of confiden- sions of Law; Posthearing Briefs. (h) After a Merits Hearing Officer’s deci- tiality and impose appropriate procedural or May be Required. The Merits Hearing Offi- sion has been issued, but before an appeal is evidentiary sanctions, to include the sanc- cer may require the parties to file proposed made to the Board, or absent an appeal, be- tions listed in section 7.02 of these Rules. findings of fact and conclusions of law and/or fore the decision becomes final, a party to § 7.13 Immediate Board Review of a Hearing posthearing briefs on the factual and the the proceeding before the Merits Hearing Of- Officer’s Ruling. legal issues presented in the case. ficer may move to alter, amend, or vacate the decision. The moving party must estab- (a) Review Strongly Disfavored. Board review § 7.15 Closing the Record. lish that relief from the decision is war- of a Merits Hearing Officer’s ruling is strong- (a) Except as provided in section 7.14 of the ranted because: (1) of mistake, inadvertence, ly disfavored while a proceeding is ongoing Rules, the record shall close when the hear- surprise, or excusable neglect; (2) there is (an ‘‘interlocutory appeal’’). In general, the ing ends. However, the Hearing Officer may newly discovered evidence that, with reason- Board may consider a request for interlocu- hold the record open as necessary to allow able diligence, could not have been discov- tory appeal only if the Merits Hearing Offi- the parties to submit arguments, briefs, doc- ered in time to move for a new hearing; (3) cer, on his or her own motion or by motion uments or additional evidence previously there has been fraud (misrepresentation, or of the parties, determines that the issue pre- identified for introduction. misconduct by an opposing party); (4) the de- sented is of such importance to the pro- (b) Once the record is closed, no additional cision is void; or (5) the decision has been ceeding that it requires the Board’s imme- evidence or argument shall be accepted into satisfied, released, or discharged; it is based diate attention. the hearing record except upon a showing on an earlier decision that has been reversed (b) Time for Filing. A party must file a mo- that new and material evidence has become tion for interlocutory appeal of a Merits or vacated; or applying it prospectively is no available that was not available despite due longer equitable. The motion shall be filed Hearing Officer’s ruling with the Merits diligence before the record closed or that the Hearing Officer within 5 days after service of within 15 days after service of the Merits additional evidence or argument is being Hearing Officer’s decision. No response shall the ruling upon the parties. The motion shall provided in rebuttal to new evidence or argu- include arguments in support of both inter- be filed unless the Merits Hearing Officer so ment that the other party submitted just be- orders. The filing and pendency of a motion locutory appeal and the requested deter- fore the record closed. The Merits Hearing mination to be made by the Board upon re- under this provision shall not relieve a party Officer also shall make part of the record an of the obligation to file a timely appeal or view. Responses, if any, shall be filed with approved correction to the transcript. the Hearing Officer within 3 days after serv- operate to stay the Merits Hearing Officer’s § 7.16 Merits Hearing Officer Decisions; Entry ice of the motion. action unless the Merits Hearing Officer so (c) Standards for Review. In determining in Office Records; Corrections to the orders. whether to certify and forward a request for Record; Motions to Alter, Amend, or Va- Subpart H—[AMENDED] interlocutory appeal to the Board, the Mer- cate the Decision. [Table of Contents Omitted] its Hearing Officer shall consider the fol- (a) The Merits Hearing Officer shall issue a Amend section 8.01 by: lowing: written decision no later than 90 days after (a) Revising the second sentence of paragraph (1) whether the ruling involves a signifi- the hearing ends, pursuant to section 405(g) (a); cant question of law or policy about which of the Act. (b) Adding a new paragraph (b) and redesig- there is substantial ground for difference of (b) The Merits Hearing Officer’s written de- nating paragraphs (b) through (j) as para- opinion; cision shall: graphs (c) through (k), respectively; (2) whether an immediate Board review of (1) state the issues raised in the claim(s), (c) Revising redesignated paragraph (c)(2); the Merits Hearing Officer’s ruling will ma- form, or complaint; and

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE April 9, 2019 CONGRESSIONAL RECORD — SENATE S2347 (d) Revising redesignated paragraphs (i) the procedures set forth in the Administra- (2) Employing offices must submit requests through (k). tive Procedure Act, 5 U.S.C. § 500 et seq. for payments from the Section 415(a) Treas- The revisions read as follows: * * * * * ury Account on the Office’s Section 415(a) § 8.01 Appeal to the Board. 3. Revise section 9.03 as follows: Account Requisition Forms. (c) Duty to Cooperate. Each employment of- (a) * * * The appeal must be served on all § 9.03 Informal Resolutions and Settlement fice has a duty to cooperate with the Execu- opposing parties or their representatives. Agreements. tive Director or his or her designee by (b) A Report on Preliminary Review pursu- (a) Informal Resolution. At any time before promptly responding to any requests for in- ant to section 402(c) of the Act is not appeal- a covered employee files a claim form under formation and to otherwise assist the Execu- able to the Board. section 402 of the Act, a covered employee tive Director in providing prompt payments (c) and the employing office, on their own, may from the Section 415(a) Treasury Account. * * * * * agree voluntarily and informally to resolve a Failure to cooperate may be grounds for dis- (2) Unless otherwise ordered by the Board, dispute. Any informal resolution shall be in- approval of the settlement agreement. within 21 days following the service of the effective to the extent that it purports to: (d) Back Pay. When the award or settle- appellant’s brief, any opposing party may (1) constitute a waiver of a covered em- ment specifies a payment as back pay, the file and serve a responsive brief. Unless oth- ployee’s rights under the Act; or gross amount of the back pay will be paid to erwise ordered by the Board, within 10 days (2) create an obligation that is payable the employing office and the employing of- following the service of the responsive from the account established by section fice will then promptly issue amounts rep- brief(s), the appellant may file and serve a 415(a) of the Act (‘‘Section 415(a) Treasury resenting back pay (and interest if author- reply brief. Account’’) or enforceable by the Office. ized) to the employee and retain amounts (b) * * * * * representing withholding and deductions. * * * * * (c) General Requirements for Formal Settle- (e) Attorney’s fees. When the award or set- (i) Record. The docket sheet, claim form or ment Agreements. A formal settlement agree- tlement specifies a payment as attorney’s complaint and any amendments, preliminary ment must contain the signatures of all par- fees, the attorney’s fees are paid directly to review report, request for hearing, notice of ties or their designated representatives on the attorney from the Section 415(a) Treas- hearing, answer and any amendments, mo- the agreement document. A formal settle- ury Account. tions, rulings, orders, stipulations, exhibits, ment agreement cannot be approved by the (f) Tax Reporting and Withholding Obliga- documentary evidence, any portions of depo- Executive Director until the appropriate rev- tions. The Office does not report Section sitions admitted into evidence, docketed ocation periods have expired and the employ- 415(a) Treasury Account payments as poten- Memoranda for the Record, or correspond- ing office has fully completed and submitted tial taxable income to the Internal Revenue ence between the Office and the parties, and the Office’s Section 415(a) Account Requisi- Service (IRS) and is not responsible for tax the transcript of the hearing (together with tion Form. A formal settlement agreement withholding or reporting. To the extent that any electronic recording of the hearing if the cannot be rescinded after the signatures of W–2 or 1099 forms need to be issued, it is the original reporting was performed electroni- all parties have been affixed to the agree- responsibility of the employing office sub- cally) together with the Merits Hearing Offi- ment, unless by written revocation of the mitting the payment request to do so. The cer’s decision and the petition for review, agreement voluntarily signed by all parties, employing office should also consult IRS any response thereto, any reply to the re- or as otherwise permitted by law. All formal regulations for guidance in reporting the sponse and any other pleadings shall con- settlement agreements must also: amount of any back pay award as wages on stitute the record in the case. (1) specify the amount of each payment to a W–2 Form. (j) The Board may invite amicus participa- be made from the Section 415(a) Treasury (g) Method of Payment. Section 415(a) tion, in appropriate circumstances, in a man- Account; Treasury Account payments are made by ner consistent with the requirements of sec- (2) identify the portion of any payment electronic funds transfer. The Office will tion 416 of the Act. that is subject to the reimbursement provi- issue an electronic payment to the payee’s (k) An appellant may move to withdraw a sions of section 415(e) of the Act because it is account as specified on the appropriate Sec- petition for review at any time before the being used to settle an alleged violation of tion 415(a) Treasury Account form. Board renders a decision. The motion must section 201(a) or 206(a) of the Act; (h) Reimbursement of the Section 415(a) be in writing and submitted to the Board. (3) identify each payment that is back pay Treasury Account. The Board, at its discretion, may grant or and indicate the net amount that will be (1) Members of Congress. Section 415(d) of deny such a motion and take whatever ac- paid to the employee after tax withholding the Act requires Members of the House of tion is required. and authorized deductions; and Representatives and the Senate to reimburse (4) certify that, except for funds to correct * * * * * the ‘‘compensatory damages’’ portion of a alleged violations of sections 201(a)(3), 210, or decision, award or settlement for a violation SUBPART I—[AMENDED] 215 of the Act, only funds from the Section of section 201(a), 206(a), or 207 that the Mem- [Table of Contents Omitted] 415(a) Treasury Account will be used for the ber is found to have ‘‘committed person- 1. Amend section 9.01 by: payment of any amount specified in the set- ally.’’ Reimbursement shall be in accordance (a) Revising paragraph (a); and tlement agreement. with the timetable and procedures estab- (b) Adding a new paragraph (c). (d) Requirements for Formal Settlement Agree- lished by the applicable congressional com- The revisions read as follows: ments Involving Claims against Members of mittee for the withholding of amounts from Congress. If a formal settlement agreement § 9.01 Attorney’s Fees and Costs. the compensation of an individual who is a concerns allegations against a Member of Member of the House of Representatives or a (a) Request. No later than 30 days after the Congress subject to the payment reimburse- Senator. entry of a final decision of the Office, the ment provisions of section 415(d) of the Act, (2) Other Employing Offices. Section 415(e) of prevailing party may submit to the Merits the settlement agreement must comply with the Act requires employing offices (other Hearing Officer who decided the case a mo- subparagraphs 9.03(c)(1), (3) and (4) of these than an employing office of the House or tion for the award of reasonable attorney’s Rules, and: Senate) to reimburse awards and settlements fees and costs, following the form specified (1) specify the amount, if any, that is the paid from the Section 415(a) Treasury Ac- in paragraph (b) below. The Merits Hearing ‘‘reimbursable portion’’ as defined by section count in connection with claims alleging Officer, after giving the respondent an oppor- 415(d) of the Act; and violations of section 201(a) or 206(a) of the tunity to reply, shall rule on the motion. De- (2) contain the signature of any individual Act. cisions regarding attorney’s fees and costs (or the representative of any individual) who (A) As soon as practicable after the Execu- are collateral and do not affect the finality has exercised his or her right to intervene tive Director is made aware that a payment or appealability of a final decision issued by pursuant to section 414(d)(8) of the Act. of an award or settlement under this Act has the Office. (e) * * * * * been made from the Section 415(a) Treasury 3. Revise section 9.04 as follows: * * * * * Account in connection with a claim alleging (c) Arbitration Awards. In arbitration pro- § 9.04 Payments Required Pursuant to Deci- a violation of section 201(a) or 206(a) of the ceedings, the prevailing party must submit sions, Awards, or Settlements under Sec- Act by an employing office (other than an any request for attorney’s fees and costs to tion 415(a) of the Act. employing office of the House of Representa- the arbitrator in accordance with the estab- (a) In General. Whenever an award or set- tives or an employing office of the Senate), lished arbitration procedures. tlement requires the payment of funds pur- the Executive Director will notify the head 2. Amend section 9.02 by revising paragraph suant to section 415(a) of the Act, the award of the employing office that the payment has (b) as follows: or settlement must be submitted to the Ex- been made. The notice will include a state- ecutive Director together with a fully com- ment of the payment amount. § 9.02 Ex Parte Communications. pleted Section 415(a) Account Requisition (B) Reimbursement must be made within * * * * * Form for processing by the Office. 180 days after receipt of notice from the Ex- (b) Exception to Coverage. The Rules set (b) Requesting Payments. ecutive Director, and is to be transferred to forth in this section do not apply during pe- (1) Only an employing office under section the Section 415(a) Treasury Account out of riods that the Board designates as periods of 101 of the Act may submit a payment request funds available for the employing office’s op- negotiated rulemaking in accordance with from the Section 415(a) Treasury Account. erating expenses.

VerDate Sep 11 2014 05:03 Apr 10, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A09AP6.037 S09APPT1 lotter on DSKBCFDHB2PROD with SENATE S2348 CONGRESSIONAL RECORD — SENATE April 9, 2019 (C) The Office will notify employing offices the following Senator to be a member The assistant bill clerk read as fol- of any outstanding receivables on a quar- of the Board of Trustees of the Harry S lows: terly basis. Employing offices have 30 days Truman Scholarship Foundation: The A bill (H.R. 1585) to reauthorize the Vio- from the date of the notification of an out- Honorable BRIAN SCHATZ of Hawaii. lence Against Women Act of 1994, and for standing receivable to respond to the Office other purposes. regarding the accuracy of the amounts in the f notice. AUTHORIZING TESTIMONY, DOCU- Mr. PORTMAN. Madam President, I (D) Receivables outstanding for more than MENTS, AND REPRESENTATION now ask for a second reading, and in 30 days from the date of the notification will IN UNITED STATES V. order to place the bill on the Calendar be noted as such on the Office’s public PRATERSCH under the provisions of rule XIV, I ob- website and in the Office’s annual report to ject to my own request. Congress on awards and settlements requir- Mr. PORTMAN. Madam President, I The PRESIDING OFFICER. Objec- ing payments from the Section 415(a) Treas- ask unanimous consent that the Sen- ury Account. tion is heard. ate proceed to the consideration of S. The bill will receive its second read- (3) [reserved] Res. 151, submitted earlier today. ing on the next legislative day. 4. Amend section 9.05 by revising paragraph The PRESIDING OFFICER. The (b) as follows: clerk will report the resolution by f § 9.05 Revocation, Amendment or Waiver of title. Rules. The senior assistant bill clerk read as ORDERS FOR WEDNESDAY, APRIL * * * * * follows: 10, 2019 (b) The Board or a Hearing Officer may A resolution (S. Res. 151) to authorize tes- waive a procedural rule in an individual case timony, documents, and representation in Mr. PORTMAN. Madam President, I for good cause shown if application of the United States v. Pratersch. ask unanimous consent that when the rule is not required by law. There being no objection, the Senate Senate completes its business today, it 5. Add a new section 9.06 as follows: proceeded to consider the resolution. adjourn until 9:45 a.m. on Wednesday, § 9.06 Notices. Mr. PORTMAN. I ask unanimous April 10; further, that following the (a) All employing offices are required to consent that the resolution be agreed prayer and pledge, the morning hour be post and keep posted the notice provided by to, the preamble be agreed to, and the deemed expired, the Journal of pro- the Office that: motions to reconsider be considered ceedings be approved to date, the time (1) describes the rights, protections, and made and laid upon the table with no procedures applicable to covered employees for the two leaders be reserved for their of the employing office under this Act, con- intervening action or debate. use later in the day, morning business cerning violations described in 2 U.S.C. § The PRESIDING OFFICER. Without be closed, and the Senate proceed to 1362(b); and objection, it is so ordered. executive session and resume consider- (2) includes contact information for the Of- The resolution (S. Res. 151) was ation of the Stanton nomination. fice. agreed to. The PRESIDING OFFICER. Is there The preamble was agreed to. (b) The notice must be displayed in all objection? (The resolution, with its preamble, is premises of the covered employer in con- Without objection, it is so ordered. spicuous places where notices to applicants printed in today’s RECORD under ‘‘Sub- and employees are customarily posted. mitted Resolutions.’’) f 6. Add a new section 9.07 as follows: f § 9.07 Training and Education Programs. DISCHARGE AND REFERRAL—S. 846 ADJOURNMENT UNTIL 9:45 A.M. (a) Not later than 180 days after the date of TOMORROW the enactment of the Reform Act, June 19, Mr. PORTMAN. Madam President, I 2019, and not later than 45 days after the be- ask unanimous consent that S. 846, the Mr. PORTMAN. Madam President, if ginning of each Congress (beginning with the Transit Infrastructure Vehicle Secu- there is no further business to come be- 117th Congress), each employing office shall rity Act, be discharged from the Com- fore the Senate, I ask that it stand ad- submit a report both to the Committee on mittee on Commerce, Science, and journed under the previous order. House Administration of the House of Rep- Transportation and the bill be referred There being no objection, the Senate, resentatives and the Committee on Rules to the Committee on Banking, Hous- at 6:58 p.m., adjourned until Wednes- and Administration of the Senate on the im- day, April 10, 2019, at 9:45 a.m. plementation of the training and education ing, and Urban Affairs. program required under section 438(a) of the The PRESIDING OFFICER. Without f Act. objection, it is so ordered. (b) Exception for Offices of Congress.—This f section does not apply to any employing of- CONFIRMATIONS fice of the House of Representatives or any MEASURE READ THE FIRST TIME—H.R. 1585 Executive nominations confirmed by employing office of the Senate. the Senate April 9, 2019: Mr. PORTMAN. Madam President, I f THE JUDICIARY understand that there is a bill at the APPOINTMENT DANIEL DESMOND DOMENICO, OF COLORADO, TO BE desk, and I ask for its first reading. UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF THE PRESIDING OFFICER. The The PRESIDING OFFICER. The COLORADO. Chair, on behalf of the Vice President, PATRICK R. WYRICK, OF OKLAHOMA, TO BE UNITED clerk will read the title of the bill for STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT pursuant to Public Law 93–642, appoints the first time. OF OKLAHOMA.

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