S1230 CONGRESSIONAL RECORD — SENATE February 16, 2017 Please, join us in voting no on the The legislative clerk read the nomi- In Flint, MI, old pipes and improp- motion to invoke cloture. nation of Scott Pruitt, of Oklahoma, to erly treated water caused lead poi- Thank you. be Administrator of the Environmental soning in children. When the leadership The PRESIDING OFFICER. All time Protection Agency. at the EPA learned of the issue, they is yielded back. The PRESIDING OFFICER. The Sen- failed to respond in a timely manner. Pursuant to rule XXII, the Chair lays ator from Wyoming. The regional EPA administrator actu- before the Senate the pending cloture Mr. BARRASSO. Mr. President, I rise ally resigned following the incident. motion, which the clerk will state. today to speak about the nomination For the last 8 years, the political The senior assistant legislative clerk of Attorney General Scott Pruitt to be leaders of this Agency have been reck- read as follows: the Administrator of the Environ- less, irresponsible, and arrogant. CLOTURE MOTION mental Protection Agency. Scott Pru- Change is badly needed at the Environ- We, the undersigned Senators, in accord- itt is the right person to run the Agen- mental Protection Agency and Scott ance with the provisions of rule XXII of the cy, and we need to confirm him. Pruitt will be that change. Mr. Pruitt Standing Rules of the Senate, do hereby Over the past 8 years, the political has served as attorney general in the move to bring to a close debate on the nomi- leaders of the EPA have taken actions State of Oklahoma since 2011—6 years. nation of Scott Pruitt, of Oklahoma, to be that have undermined the American Administrator of the Environmental Protec- He has worked to protect the environ- people’s faith in the Agency. They have ment in his State, while also working tion Agency. pushed broad and sweeping regulations Mitch McConnell, John Cornyn, Mike for the benefit of all the people of that have hurt our economy and have Rounds, Tim Scott, Johnny Isakson, Oklahoma. Lindsey Graham, James M. Inhofe, failed to protect our environment. He has taken on polluters. He has David Perdue, Shelley Moore Capito, These regulations include the so-called worked across party lines to do it. Roger F. Wicker, Orrin G. Hatch, Mike Clean Power Plan. This is a rule that When poultry farmers in Arkansas, a Crapo, James E. Risch, James will kill job growth in States like Indi- neighboring State to Oklahoma, were Lankford, John Hoeven, John Thune, ana, Wisconsin, Ohio, and my home Deb Fischer. increasing phosphorous levels in the Il- State of Wyoming. These also include linois River that runs between the The PRESIDING OFFICER. By unan- regulations defining the term ‘‘waters States, he worked with Arkansas’ imous consent, the mandatory quorum of the United States.’’ This was a clas- Democratic attorney general on a solu- call has been waived. sic example of Washington overreach. tion. They found a way to reduce pollu- The question is, Is it the sense of the The Agency brought irrigation ditches, tion and establish permanent stand- Senate that debate on the nomination plowed farm fields, and even parking ards. of Scott Pruitt, of Oklahoma, to be Ad- lot puddles under Federal control. With Former Arkansas Attorney General ministrator of the Environmental Pro- both of these rules, dozens of State McDaniel, a Democrat, called Pruitt a tection Agency shall be brought to a governments have had to take Wash- ‘‘staunch defender of sound science and close? ington to court. Why? Well, to try to good policy as appropriate tools to pro- The yeas and nays are mandatory stop the crippling effects of these tect the environment in his State.’’ under the rule. Washington-based regulations. Scott Pruitt also helped negotiate a The clerk will call the roll. The Agency’s outrageous actions water rights settlement between tribes The legislative clerk called the roll. have extended beyond these rules and in Oklahoma. The deal will help pre- The yeas and nays resulted—yeas 54, have had real consequences for many nays 46, as follows: American families. According to the serve scenic rivers and lakes so they [Rollcall Vote No. 69 Ex.] chamber of commerce, since 2008 this can be enjoyed for generations to come. Scott Pruitt also stood up to indus- YEAS—54 regulatory rampage by the EPA has de- try when they caused pollution. That is stroyed 19,000 coal-mining jobs nation- Alexander Flake Murkowski why the entire Oklahoma congres- Barrasso Gardner Paul wide. In Kentucky, nearly 4 out of Blunt Graham Perdue every 10 coal-mining jobs have dis- sional delegation has endorsed his Boozman Grassley Portman appeared over the past 8 years. Ohio nomination. He has been an advocate Burr Hatch Risch for the environment in Oklahoma, and Capito Heitkamp Roberts and Pennsylvania have each lost more Cassidy Heller Rounds than 1,000 fossil fuel electric power jobs he will be an advocate for the environ- Cochran Hoeven Rubio during the same period. In West Vir- ment in Washington. Collins Inhofe Sasse ginia, 5,200 coal-mining jobs have van- When the EPA overstepped its mis- Corker Isakson Scott sion, Attorney General Pruitt led the Cornyn Johnson Shelby ished just since 2011. Cotton Kennedy Strange The total cost of all of this new red- charge to rein in Big Government Crapo Lankford Sullivan tape from the Environmental Protec- Washington overreach. Time after Cruz Lee Thune time, Scott Pruitt worked with other Daines Manchin Tillis tion Agency is more than $300 billion. Enzi McCain Toomey The leadership at the EPA has failed. States to challenge the Agency when it Ernst McConnell Wicker It has failed because a lot of their regu- exceeded its authority. Under his lead- Fischer Moran Young lations are bad ideas. ership, this Agency will respect the NAYS—46 That is not the only way the political rule of law. Baldwin Gillibrand Peters leaders at the Agency have failed; they Attorneys general from 24 States Bennet Harris Reed have actually hurt people and damaged have endorsed Scott Pruitt as someone Blumenthal Hassan Sanders the environment directly. In 2015, more who can protect the environment while Booker Heinrich Schatz also protecting State decisionmaking. Brown Hirono than 3 million gallons of toxic waste- Schumer He has also won the support of small Cantwell Kaine Shaheen water spilled into the river at the Gold Cardin King Stabenow King Mine in Colorado. The govern- businesses and farmers around the Carper Klobuchar Tester country. Groups like the National Fed- Casey Leahy ment Agency charged with protecting Udall Coons Markey our environment actually caused this eration of Independent Business, the Van Hollen Cortez Masto McCaskill U.S. Chamber of Commerce, the Na- Warner spill and poisoned a river. This was a Donnelly Menendez Warren direct result of negligence on the part tional Association of Home Builders, Duckworth Merkley the American Farm Bureau Federa- Durbin Murphy Whitehouse of the Environmental Protection Agen- Feinstein Murray Wyden cy. This plume of toxic liquid flowed tion, and many others have voiced Franken Nelson downstream to New Mexico and pol- their support for Mr. Pruitt. The PRESIDING OFFICER. On this luted the Navajo Nation’s main source As chairman of the Environment and vote, the yeas are 54, the nays are 46. of drinking water and irrigation water. Public Works Committee, I take the The motion is agreed to. In the final days of the Obama ad- nomination process very seriously. Our f ministration, the EPA then denied $1.2 committee thoroughly vetted Mr. Pru- billion in damage claims from the itt. We held a confirmation hearing EXECUTIVE CALENDAR farmers, the Native American tribes, that lasted more than 6 hours. That is The PRESIDING OFFICER. The and small businesses impacted by the by far the longest confirmation hearing clerk will report the nomination. EPA’s own negligence. for an EPA Administrator on record.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.011 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1231 During this hearing, Attorney General Times article titled ‘‘Scott Pruitt, As chairman of the Senate Committee on Pruitt was asked more than 200 ques- Trump’s EPA Pick, Backed Industry Environment and Public Works, I look for- tions by Members of the committee. Donors over Regulators.’’ ward to ushering in wholesale change at the We had four rounds of questions—an Mr. Strong writes: EPA. I will be doing it alongside a com- mitted and capable administrator. unprecedented number. Our Demo- As a fifth generation Oklahoman and President-elect Trump has named Okla- cratic colleagues on the committee someone who has devoted my career to nat- homa Attorney General Scott Pruitt to lead noted during the hearing how fair the ural resource protection, I take great pride the EPA and to overhaul the agency. Attor- process was. They said how much they in the progress that has been made in im- ney General Pruitt has seen the effects of appreciated the opportunity to ask so proving Oklahoma’s land, air, water, and over regulation in his own state and has wildlife resources. many questions. After the hearing, worked to stop them. committee members submitted another He goes on to say— Pruitt has distinguished himself by chal- lenging the Obama administration on several 1,078 written questions to Mr. Pruitt to For the past six years, General Pruitt has been instrumental in many of our successes of its most burdensome rules. He stood up for answer for the record. Again, this is Oklahomans against the EPA’s extreme reg- the most ever for a nominee to be Ad- and never asked me to compromise regu- latory efforts to benefit industry. ulations on greenhouse gasses, methane ministrator of the Environmental Pro- emissions, and cross state air pollution. He tection Agency. His answers were Also, I would like to include in the took action against unworkable water rules thoughtful, and they were thorough. RECORD an op-ed by Ed Fite, the former and air standards. He sued the federal gov- That is why I was very disappointed to agency administrator of the Oklahoma ernment to make sure that it was inter- see the Democrats on the committee Scenic Rivers Commission. He writes: preting the Clean Air and Clean Water Acts as Congress actually wrote them, not how it decide to boycott the meeting to vote Scott Pruitt is one who is committed to finding a balance that protects and preserves benefited President Obama’s political agen- on the Pruitt nomination. da. The minority complained that he our environment while at the same time af- fords an opportunity for a robust economy to Attorney General Pruitt is respected by didn’t answer enough questions. Demo- exist. Achievement of one doesn’t have to be his peers for the work he has done. His work crats have even complained that he has exclusive of the other. in Oklahoma protected the environment and not been vetted thoroughly enough. strengthened the economy by standing up for There being no objection, the mate- states’ rights. Attorneys general from 24 That is ridiculous. Scott Pruitt is the rial was ordered to be printed in the most thoroughly vetted nominee we states authored a letter in support of his RECORD, as follows: have ever had to lead this Agency. nomination. They know he can and will rein [FoxNews.com, Jan. 17, 2017] in Washington. Democrats are using delaying tactics President-elect Trump has vowed that his to slow down the confirmation of many SEN. BARRASSO: FOR 8 YEARS THE EPA HAS MADE LIFE HARD FOR TOO MANY AMERI- administration will overturn two federal reg- of this administration’s most impor- CANS. THAT’S ABOUT TO CHANGE ulations for every new one it proposes. The administrator of EPA will play a vital role tant nominees. These boycotts and (By Sen. John Barrasso, M.D.) delay tactics do nothing to protect our in keeping that promise. He must make sure Seventy-five thousand dollars per day. environment or the health of Ameri- that the agency meets its mission of pro- That’s how much the Environmental Protec- tecting our environment—ensuring clean cans. Democrats are engaged in noth- tion Agency threatened to fine a private land ing more than political theater. They water, air, and land—while allowing our owner in my home state of Wyoming. The economy to grow. are wasting time while the Environ- crime: digging a pond in his back yard. Our committee is taking up the nomina- mental Protection Agency needs a new This was an appalling overreach by the tion of Attorney General Pruitt this week. I Administrator. Obama administration’s EPA and its regula- look forward to hearing more about his vi- Attorney General Pruitt has pro- tion of American’s property. sion for the agency and how he will help get tected the environment in his home Sadly, this story is not unique. Americans back to work. For the past eight years, the EPA has State. He is endorsed by his peers, and The EPA has made the last eight years abused and attacked far too many hard- hard for families in Wyoming and across he has been thoroughly vetted for the working American families. job. He will make an excellent EPA Ad- rural America. Today, there is reason to be A regulatory rampage by EPA has led to hopeful. ministrator. It is time for the Senate the loss of thousands of coal mining jobs in The status quo at the EPA is changing. to confirm him. Wyoming, West Virginia, Ohio, Pennsyl- vania, and Kentucky. Mr. President, at this time I ask ‘THE STRONG LEADER THE EPA NEEDS’ unanimous consent to have printed in Wisconsin is poised to lose more than 20,000 jobs in the next decade because of the Obama (By John Barrasso) the RECORD the following items in sup- administration’s proposed regulations on The Environmental Protection Agency port of Mr. Pruitt’s nomination: First carbon emissions. needs reform. are two op-eds I authored, one is from The misguided obsession of the EPA has Anyone who doubts the deterioration at FOX News that is entitled ‘‘For Eight created needless economic burdens for Amer- this once-respected agency should recall the Years, the EPA Has Made Life Hard for icans. It has, at the same time, put people’s summer of 2015, when the EPA spilled more Too Many Americans. That’s About to health in danger. than 3 million gallons of toxic wastewater Change.’’ Negligence on the part of the EPA resulted into a Colorado river. The second is from USA TODAY, en- in more than 3 million gallons of toxic Last month, the EPA denied $1.2 billion in titled: ‘‘The Strong Leader the EPA wastewater being dumped into a river at the damage claims from farmers, Native Amer- Gold King Mine in Colorado. ican tribes and small businesses. This dis- Needs.’’ The plume of toxic liquid flowed down- aster followed the EPA’s mishandling of the I also ask unanimous consent to have stream to New Mexico and polluted the Nav- water crisis in Flint, Mich. printed in the RECORD some other ajo Nation’s main source of drinking and ir- The government agency responsible for items: a letter from Dustin McDaniel, rigation water. protecting the environment and the health Democrat and Arkansas former attor- In Flint, Michigan, aging pipes and im- of Americans has been endangering the ney general. In the letter, he writes properly treated water caused lead poisoning public’s health. that he ‘‘saw firsthand how Attorney in children. When EPA officials learned of The EPA has become a bloated regulatory General Pruitt was able to bridge polit- the pending disaster, they failed to respond. behemoth that has lost sight of the needs of The agency’s misplaced priorities are the American people and the environment. ical divides and manage multiple agen- harming state governments as well. The agency’s bureaucrats have been more cy agendas to reach an outcome that North Dakota stands to lose more than preoccupied with pushing punishing new reg- was heralded by most credible observ- $100 million in tax revenue over the next four ulations. ers as positive and historic.’’ years because of the Obama administration’s This red tape killed thousands of jobs in Another item for the RECORD is a let- ‘‘clean power plan’’ regulations. The state energy-producing and manufacturing states ter from 24 State attorneys general will have to look to already-strapped fami- such as West Virginia, Pennsylvania, Ken- who wrote in support of Mr. Pruitt’s lies to make up the difference or else cut tucky, Indiana, North Dakota and my state qualifications. back on services. of Wyoming. Disregard for the consequences of its ac- Oklahoma Attorney General Scott Pruitt, Also for the RECORD is a letter I re- tions has become the trademark of the EPA President Trump’s nominee to lead the EPA, ceived from J.D. Strong. He is the di- for the last eight years. Policy goals and is committed to protecting the environ- rector of the Oklahoma Department of talking points have consistently taken pri- ment—ensuring clean air, water and land— Wildlife Conservation. In the letter, ority over American families. This cannot be while allowing the American economy to Mr. Strong directly refutes a New York the case any longer. grow.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.015 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1232 CONGRESSIONAL RECORD — SENATE February 16, 2017 Pruitt will be the strong leader the EPA Pruitt has proven over the course of his ca- municipal water systems and Arkansas in- needs. He has seen the consequences of the reer that he has the right character, experi- dustry, primarily poultry companies, over agency’s overreach, and he has worked to re- ence, and knowledge to serve as the Adminis- increased phosphorous levels in the Illinois store its original focus. He negotiated a trator of the EPA. We urge the Senate to River watershed. Pollution was substantially water rights settlement with tribes to pre- confirm his nomination. impacting the water quality in one of Okla- serve scenic lakes and rivers. Sincerely, homa’s most scenic waterways. In 2003, an He worked with Dustin McDaniel, a Demo- Jeff Landry, Attorney General, State of agreement was executed that would require crat and former Arkansas attorney general, Louisiana; Alan Wilson, Attorney General, that the phosphorus levels be reduced over to reduce pollution in the Illinois River, State of South Carolina; Luther Strange, At- the next 10 years to a level .037 parts per mil- which flows between their two states. He torney General, State of Alabama; Marty lion. As a result, all parties on both sides of stood up to oil and gas companies that pol- Jackley, Attorney General, State of South the state line worked diligently to substan- luted his state’s air and water. Pruitt has Dakota; Patrick Morrisey, Attorney Gen- tially improve the water quality. won bipartisan recognition and support. eral, State of West Virginia; Adam Laxalt, At the same time, then-Oklahoma Attor- McDaniel called him a ‘‘staunch defender of Attorney General, State of Nevada; Mark ney General Drew Edmondson filed suit sound science and good policy as appropriate Brnovich, Attorney General, State of Ari- using an out of state plaintiffs’ firm against tools to protect the environment.’’ zona; Herbert Slatery, Attorney General, Arkansas’s poultry industry. Many criticized Scott Pruitt will be an excellent EPA ad- State of Tennessee. the litigation as taking the focus away from ministrator, committed to reform. Curtis Hill, Attorney General, State of In- the environment and placing it on money diana; Brad Schimel, Attorney General, damages. The State of Oklahoma’s outside STATE OF ALABAMA, State of Wisconsin; Ken Paxton, Attorney counsel presented their case to U.S. District OFFICE OF THE ATTORNEY GENERAL, General, State of Texas; Bill Schuette, At- Court Judge Gregory Frizzell. Almost all the Montgomery, AL, January 4, 2017. torney General, State of Michigan; Doug claims were dismissed by the court. The evi- Hon. JOHN BARRASSO, Peterson, Attorney General, State of Ne- dence was fully submitted to the judge in Dirksen Senate Office Building, braska; Chris Carr, Attorney General, State March of 2010 on the remaining question re- Washington, District of Columbia. of Georgia; Sean Reyes, Attorney General, garding injunctive relief. To this day, no rul- Hon. TOM CARPER, State of Utah; Wayne Stenehjem, Attorney ing in that litigation has been handed down, Hart Senate Office Building, General, State of North Dakota. As 2013, the ten-year deadline for the re- Washington, District of Columbia. Leslie Rutledge, Attorney General, State duced phosphorus levels, was approaching, DEAR CHAIRMAN BARRASSO AND RANKING of Arkansas; Pam Bondi, Attorney General, two things were evident: 1.) despite huge im- MEMBER CARPER: As the attorneys general of State of Florida; Lawrence Wasden, Attor- provements in water quality, the phosphorus our respective states, we write to express our ney General, State of Idaho; Tim Fox, Attor- levels in the river would not be at .037 parts unqualified support for our colleague and the ney General, State of Montana; Derek per million before the deadline, and 2.) re- Attorney General of Oklahoma, E. Scott Schmidt, Attorney General, State of Kansas; search into the standard itself called into Pruitt, as Administrator of the U.S. Envi- Josh Hawley, Attorney General, State of question its origin and basis in hard science. ronmental Protection Agency, Missouri; Peter Michael, Attorney General, The States of Arkansas and Oklahoma As attorneys general, we understand the State of Wyoming; Mike DeWine, Attorney were facing a point of litigating against one need to work collaboratively to address General, State of Ohio. threats to our environment that cross state another (again) over this issue to the det- riment of all concerned, I approached Gen- lines, as well as the importance of a federal MCDANIEL RICHARDSON counterpart in the EPA Administrator who eral Pruitt to ask if we could reach a solu- & CALHOUN, PLLC, tion that would protect the environment and possesses the knowledge, experience, and Little Rock, AR, January 18, 2017. demonstrate to our citizens that we were principles to work with our states to address Re Attorney General Scott Pruitt’s Nomina- committed to working together on their be- issues affecting our environment. We believe tion To Serve as Director of the Environ- half rather than litigating against one an- that no one exemplifies these qualities more mental Protection Agency. than Scott Pruitt. other using taxpayer dollars for lawyers in- Hon. JOHN BARRASSO, stead of scientists. As the Attorney General of Oklahoma, Mr. Chairman, U.S. Senate Committee on Environ- Pruitt developed expertise in environmental ment & Public Works, Washington, DC. The resulting agreement reflects that Oklahoma enhanced, not relaxed, its enforce- law and policy. He negotiated a historic Hon. TOM CARPER, water rights settlement with Indian tribes Ranking Member, U.S. Senate Committee on En- ment of environmental protections. Sci- that preserved the ecosystems of scenic vironment & Public Works, Dirksen Senate entists were appointed to establish the prop- lakes and rivers; he worked with his Demo- Office Building. er water quality metrics, establish a binding crat counterpart in Arkansas to reduce pol- DEAR CHAIRMAN BARRASSO, RANKING MEM- standard, and at no time were phosphorous lution in the Illinois River; and he rep- BER CARPER, AND MEMBERS OF THE U.S. SEN- abatement measures relaxed. It was an his- resented the interests of Oklahomans in rate ATE ENVIRONMENT AND PUBLIC WORKS COM- toric moment that demonstrated that co- cases against utility companies and in nu- MITTEE: My name is Dustin McDaniel. I am operation in pursuit of environmental pro- merous actions against those who contami- an attorney in Little Rock, Arkansas. I tection yielded better results than litiga- nated his state’s air and water. served as the Democratic Attorney General tion. The resulting report was recently re- Attorney General Pruitt is committed to of the Stale of Arkansas from 2007–2015. Dur- leased from the commission and is available clean air and clean water, and to faithfully ing that time, I served for three years as the for your review, (See, www.ok.gov/conserva- executing the environmental laws written by Co-Chair of the Democratic Attorneys Gen- tion/documents/IR%20 Congress. He believes that environmental eral Association, I am a member of the 2016.12.19%20Final%20Report.pdf) regulations should be driven by State and Democratic National Committee and was a Recent press accounts regarding these ef- local governments—a notion endorsed by strong supporter of Secretary Clinton’s cam- forts unfairly mischaracterize the work that Congress in the Clean Air Act and Clean paign for President. I am grateful for your was done by General Pruitt and his team, He Water Act. When our nation is confronted work on this committee. I believe in the core was a staunch defender of sound science and with issues affecting the environment that mission of the Environmental Protection good policy as appropriate tools to protect are not covered by a particular statute, Agency. I believe that climate change is real the environment of his state. I saw firsthand Scott will come to Congress for a solution, and overwhelmingly the result of human ac- how General Pruitt was able to bridge polit- rather than inventing power for his agency. tivity. I believe that the United States has a ical divides and manage multiple agency He wholeheartedly believes in a strong Envi- moral obligation to lead the world in shaping agendas to reach an outcome that was her- ronmental Protection Agency that carries climate policy. These challenges in a hostile alded by most credible observers as both out its proper duties, providing a backstop to political environment will be acutely felt by positive and historic. state and local regulators as they develop the next director of the EPA. As I am sure that this committee will have environmental regulations suited to the As you consider the nomination of my questions about this matter, I wanted to needs of their own communities. friend Scott Pruitt, I respectfully ask that take this opportunity to add facts and con- Scott Pruitt is more than just an exem- you enter this letter into the record so that text to an accomplishment that should stand plary state attorney general, he is also our I may attempt to clarify what I believe to be as a credit to General Pruitt’s career and friend. A man of deep faith who is committed unfair criticisms of the historic agreement qualifications for this nomination. to his family and to his friends, Scott seeks negotiated between myself on behalf of the I sincerely appreciate the opportunity to always to do the right thing. His friendship State of Arkansas and Attorney General submit this letter to you and to your com- and leadership have been invaluable to us Pruitt on behalf of the State of Oklahoma mittee and to be a part of the record in these over the years. regarding water quality in the Illinois River proceedings. I thank you for your service to The Administrator of the Environmental watershed. our nation, Protection Agency plays a critical role in Prior to the elections of General Pruitt or Respectfully submitted, our Nation’s government. Attorney General myself, Oklahoma grappled with Arkansas DUSTIN MCDANIEL.

VerDate Sep 11 2014 06:56 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.004 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1233

OKLAHOMA DEPARTMENT OF provided for continued phosphorus controls and have implemented them with help from WILDLIFE CONSERVATION, on wastewater and poultry facilities. For the all sides. Oklahoma City, OK, January 15, 2017. first time in my career, Oklahoma measured I have found that General Pruitt has al- Re Debunking New York Times article, decreasing phosphorus levels and water qual- ways done right by our Scenic Rivers. He has ‘‘Scott Pruitt, Trump’s E.P.A. Pick, ity improvement in the Illinois River water- done every constructive thing that he told Backed Industry Donors Over Regu- shed beginning in 2012. While many people on me he would do. Furthermore, for the first lators,’’ January 14, 2017. both sides of the border deserve credit for time ever, he has gotten the State of Arkan- Hon. JOHN BARRASSO, this result, General Pruitt definitely was a sas, which happens to have portions of the Chairman, U.S. Senate Committee on Environ- key player. This mere ‘‘study’’ ultimately streams we’ve designated as ‘‘scenic rivers’’ ment & Public Works, Washington, DC. led to a recent agreement between the states originating in and flowing through their Hon. TOM CARPER, of Arkansas and Oklahoma wherein Arkan- state, to agree to Oklahoma’s Scenic Rivers Ranking Member, U.S. Senate Committee on En- sas committed to meet a more stringent Phosphorus Standard—an incredible environ- vironment & Public Works, Washington, phosphorus standard—another shocking de- mental accomplishment, the impact of which DC. velopment for two states that have quarreled cannot be understated. Instead of engaging DEAR CHAIRMAN BARRASSO AND RANKING for decades and quite the opposite result one in years of inter-state litigation, he did this MEMBER CARPER: Rarely do I feel compelled would expect from an Attorney General that by negotiating an agreement with Arkansas to respond to a newspaper article, particu- is being unfairly maligned as a shill for in- Attorney General Dustin McDaniel, a prac- larly one that runs in a nationally renowned dustry. tical and economical approach that will news outlet like the New York Times. I’ve Rather than spend several more pages con- yield enormous environmental benefits. learned over 23–years as a State environ- testing the inaccuracies found in the New To understand the magnitude of this agree- mental regulator to value the media’s role in York Times article, I will leave you with ment, one must consider that Oklahoma and uncovering and exposing the truth, not to this overarching truth. As a fifth generation Arkansas have litigated over Illinois River mention the wisdom found in the quote, Oklahoman and someone that has devoted water quality for more than three decades. ‘‘Never pick a fight with anyone who buys my career to natural resource protection, I The latest action brought by Oklahoma, ink by the barrel.’’ However, the mistruths take great pride in the progress that has about abating water quality degradation propagated by the above captioned article been made in improving Oklahoma’s land, from the land-application of poultry waste in undoubtedly caught the attention of you, air, water and wildlife resources. For the the Illinois River watershed, has languished your fellow committee members, and many past six years, General Pruitt has been in- for more than six years in the federal dis- of your respective constituents just days be- strumental in many of our successes and has trict court. Many thought that when General fore Attorney General Scott Pruitt’s con- never asked me to compromise regulatory ef- Pruitt took office he would abandon this suit firmation hearing for EPA Administrator, forts to benefit industry. On the contrary, because he is also known for his staunch sup- and thus deserve a response from at least one all of our projects and cases that involved port of farming and ranching communities. of the regulators that allegedly lost out to his office were given staff support at the However, not only did General Pruitt allow industry donors. highest level and, more often than not, re- the case to be fully litigated, he proactively First, it’s worth noting that I spoke with sulted in more stringent environmental pro- sought this joint state solution to let science the New York Times for nearly fifteen min- tections, Please do not confuse Pruitt as determine the phosphorus standard for the utes laying out the facts from my perspec- being anti-environment because of his well Illinois River. In the end, a study conducted tive as Oklahoma’s former Secretary of En- justified (and strongly supported by me) ef- by Baylor University reinforced that the vironment and a plaintiff in the state’s liti- forts to counter the EPA’s various attempts phosphorus standard Oklahoma sought to gation against the poultry industry, then to second-guess or usurp State authority. protect would remain. Last, I have not seen him advocate disman- later as Director of the Oklahoma Water Re- Rather, he has been a strong ally in defend- tling the EPA. Rather, he has rightfully sup- sources Board—the agency responsible for es- ing our ability to continue the great ported necessary laws but has challenged the tablishing the phosphorus standard ref- progress that we’ve made in protecting Okla- agency when they have written new rules erenced in the article. One would think such homa’s environment at the state level— without Congress having given them author- experience deserves significant play in an ar- progress that is too often impeded by Fed- ity to do so. An administrative agency ticle of this focus, yet more column space eral overreach and interference. should not decide what the law is in the ab- was devoted to a retired employee of the If I can be of further assistance as you em- sence of legislation. Oklahoma Department of Environmental bark on your important task of reviewing And so, my middle-of-the-river view is that Quality who was incorrectly listed as the Mr. Pruitt’s qualifications and disposition to Scott Pruitt is one who is committed to find- leader of the agency’s Water Quality Divi- serve as EPA Administrator, please do not ing a balance that protects and preserves our sion and wrongfully given credit for being re- hesitate to contact me. I’ve always found environment while at the same time affords sponsible for ‘‘overseeing the poultry-related Mr. Pruitt to be a man of great honesty and an opportunity for a robust economy to cleanup.’’ The poultry industry and its re- integrity, so you should have the perfect op- exist. Achievement of one doesn’t have to be lated cleanup are governed by our Oklahoma portunity in your hearing to gather facts be- exclusive of the other. Department of Agriculture, Food & Forestry. fore making your final decision. If truth pre- Rather than insinuating that Mr. vails, you will find what most of us in Okla- Mr. BARRASSO. I yield the floor. Derichsweiler retired out of frustration with homa know to be true: Scott Pruitt stands The PRESIDING OFFICER. The Sen- General Pruitt, instead of the fact that he for responsible, common sense, State-led en- ator from Delaware. retired after 40 years of service to the State, vironmental protection efforts that generate Mr. CARPER. Mr. President, I just the New York Times should have at least di- positive results. want to follow up on the comments of Respectfully, vulged that Derichsweiler currently serves my friend, the chairman from Wyo- as Vice Chair of the Oklahoma Chapter of Si- J.D. STRONG, Director. ming, and I note that Scott Pruitt has erra Club, an organization that has launched responded to more questions than any- a campaign to oppose General Pruitt’s con- [Jan. 12, 2017] firmation. one in EPA history since Gina McCar- The facts that I shared in my interview A FIRSTHAND PERSPECTIVE FROM A MAN IN thy, the past Administrator who re- with the New York Times paint a completely THE MIDDLE: PRUITT NOMINATION IS WELCOME sponded to more than 1,400 questions, different picture than the article portrays. If (By Ed Fite) and she actually responded to them I were writing the headline, it would read, We have all heard much yammering, left completely, not evasively and not indi- ‘‘Pruitt Helps Deliver Water Quality Im- and right, about President-elect Donald rectly. She needed more time, given provement in Oklahoma’s Scenic Rivers.’’ At Trump having selected Oklahoma Attorney the volume of questions, and more time the end of the day, that has been Oklahoma’s General Scott Pruitt as the next head of the was granted so she might more fully goal in the Illinois River watershed for dec- U.S. Environmental Protection Agency. As a ades, and that is what is happening during conservationist and riverologist, I have answer the questions that were raised. General Pruitt’s term as Attorney General. worked firsthand with Scott Pruitt and I just wanted to add that if I could. As I stated to the New York Times, no State know a good deal more about him than those Mr. President, I come to the floor to Attorney General can force a Federal Judge nationally that are attempting to malign share with you and with our colleagues to rule, or I’m certain former Attorney Gen- him. the reasons I oppose the nomination of eral Drew Edmondson would have taken such I have made it my life’s work and my ca- Attorney General Scott Pruitt to be action during his last two years in office. reer to look after our states designated Sce- the EPA Administrator. Over the last Rather than beating his head against that nic Rivers. As a state employee and a re- month, we have had a number of Presi- wall, Pruitt helped Oklahoma negotiate a source facilitator (I cannot take care of new agreement with the State of Arkansas these valued-treasured water resources by dent Trump’s nominees come before that prompted not just a study of the appro- myself), I always find myself arguing for the the committee and be debated on the priate phosphorus level necessary to protect middle ground, for the workable solution Senate floor, as you know. our shared scenic rivers, which the article upon which both sides of an issue can agree. We have had multiple confirmation dismissed as trivial, but more importantly I have looked and worked for real solutions, hearings in a single day, with Members

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.006 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1234 CONGRESSIONAL RECORD — SENATE February 16, 2017 running to and from hearings trying to State boundaries. Over time, my State not up for debate. Families and busi- learn more about nominees and get im- of Delaware has made great strides in ness owners face the stark realities of portant questions answered. So I un- cleaning up our own air pollution, but climate change almost every single derstand if some of my colleagues who our work only goes so far. day. Tackling that challenge is not have attended back-to-back hearings In Delaware, like many States on the just the right thing to do or what is have not yet delved into Scott Pruitt’s east coast, we sit at the end of what is best for Delaware’s economy, it is a record as deeply as we have on the En- known as America’s tailpipe. Ninety matter of survival. Our little State vironment and Public Works Com- percent of the pollution in Delaware alone cannot stem the flow of green- mittee, and that is why we are here comes from outside the First State, house gases into our atmosphere that today. from plants hundreds of miles away in is largely causing our climate to As ranking member of the Environ- places like Kentucky, Ohio, my native change, our seas to rise, and our coast- ment and Public Works Committee, I, West Virginia, Indiana, and throughout lines to retreat. Every State—every along with my colleagues on the com- the Midwest. State—must do its fair share to safe- mittee, have scoured Mr. Pruitt’s As Governor of Delaware, even if I guard our climate and their neighbors. record to the best of our ability with had eliminated every source of air pol- That is why we have the EPA. the somewhat limited information the lution within our State by stopping Examples of the air and water pollu- nominee has provided. every combustion source and ordering tion produced by one State and fouling We sat through his nomination hear- every motor vehicle off our roads, the air and water of others can still be ing, where we asked him fundamental Delawareans would still face deadly found in too many parts of America, questions about his views on the role of doses of air pollution. Should Dela- like the runoff from Pennsylvania that the EPA and what he would do to pro- wareans be forced to live with con- degrades the waters of the Chesapeake tect our environment and public sequences of decisions made by pol- Bay or the haze exported from other health. We submitted additional ques- luters hundreds or even thousands of States that oftentimes shrouds the tions we had for the record and read miles away from us? I don’t think so. I Smoky Mountains and degrades visi- through all of Mr. Pruitt’s responses. don’t think so. That is not the Golden We have done our due diligence with bility at the Grand Canyon. That is Rule I know. the information we received, and I why we have the EPA. Fortunately, the EPA has recently Throughout my years in the Senate want to share with my colleagues and implemented something called the and as a member of the Environment all of those watching exactly why, good neighbor rule to make sure all and Public Works Committee, I have based on this review, I cannot support States do their fair share to clean up had the opportunity to consider the Mr. Pruitt’s nomination. First, I think it is important to re- our air. Every citizen in this country credentials of five different nominees visit just why the EPA is still so crit- has a right to breathe clean air, regard- to serve as EPA Administrator—indi- ical. This Agency was created 46 years less of where they live, whether they viduals put forth by both Democratic ago by a Republican President named live in a downwind or an upwind State. and Republican Presidents. I have sup- Richard Nixon with the support of a bi- That is why we have the EPA. ported candidates in the past because partisan Congress. Their task was im- We have known for decades that most they were able to clearly demonstrate plementing our Nation’s most impor- of the mercury in our fish comes from their commitment—candidates like tant clean air, clean water, and safe air pollution that is emitted from the former New Jersey Republican Gov- chemical laws. The EPA is required to dirtiest coal plants and then settles in ernor Christine Whitman and former use sound science to protect both our our waterways. We know mercury is a Utah Governor Mike Leavitt. I was environment and our public health, powerful neurotoxin that accumulates proud to support them both, proud of and, by and large, the EPA has done it in our body over time, threatening the their service, and proud of their role as successfully—not perfectly but success- health of this generation and genera- head of EPA. But I have supported can- fully for decades while our economy tions to come. The EPA recently issued didates like them because they clearly has continued to grow. Many people public health protections to clean up demonstrated their commitment to ad- may not remember a time before the the toxic air pollution from our dirti- vancing the mission of the EPA—the EPA, a time when States had to work est coal plants, allowing families in mission to protect human health and individually to protect citizens in the Danville, where I grew up alongside the to protect our environment. Never communities in which they lived, a Dan River, and thousands of other have I been forced to consider a can- time before the Clean Water Act and communities that can once again eat didate to lead the EPA who has been so Clean Air Act were signed into law, a fish from our rivers, lakes, and streams focused throughout his career on crip- time when businesses operating without concern of mercury poisoning. pling the Agency he now seeks to lead throughout the United States were That is why we have the EPA. or so hostile to the basic protections to faced with a myriad of conflicting Too often, when States and local keep Americans and our environment State and local laws affecting our communities are pinched for cash, they safe. health and environment. The choking try to save money by shortchanging So, with that, I am going to close, smog and soot of a half century ago clean air and water protections. Im- and I will come back many times in the seems unfathomable now. Rivers on provements to infrastructure are often hours to come as we continue the con- fire and deadly toxic plumes sound like ignored, corners are cut, and solutions sideration of this candidate’s nomina- something almost for another world, are adopted that may save dollars now tion. impossible in our United States of but inflict costly unnecessary damage I yield the floor. America. later. The PRESIDING OFFICER (Mr. KEN- Today we have the luxury of largely As we have seen most recently in the NEDY). The Senator from West Vir- forgetting these frightening cir- city of Flint, MI, these cuts can have a ginia. cumstances, thanks to the efforts of terrible and even tragic impact on the Mrs. CAPITO. Mr. President, I am the EPA and its employees, in partner- health of the most vulnerable in our here to address an issue that I think is ship with State and local governments society, especially on the youngest of great importance to this country and with countries and companies and among us. Today, the citizens of Flint and to this administration; that is, the businesses across America. The EPA still lack clean drinking water, and a nomination of Scott Pruitt to be the and its many partners throughout the new generation in that city which has new EPA Administrator. country have been so successful that it been exposed to high levels of lead We are nearly 8 years removed now is easy for some of us to forget why faces an uncertain future. That is why from what we consider—many of us, I this Agency is so critical. Some may we have the EPA. think, particularly as we look back— presume there is not much more for Many people don’t know it, but Dela- the great recession. However, many this Agency to do. That could not be ware is the lowest lying State in our American workers, their families, and further from the truth. Nation. The highest point in the State their communities have yet to feel the The environmental threats we face of Delaware is a bridge. Back home, the benefits of any kind of a recovery. A today are real. They don’t respect reality that our climate is changing is key component to a slow recovery—the

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.016 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1235 slowest recovery since World War I—is ergy-producing State—Oklahoma. is the most thoroughly vetted nominee the regulatory overreach coming out of Scott is committed to returning the for Administrator in the history of the this city—Washington, DC. Agency to its core mission of pro- EPA. I am confident—very confident— Since the end of the recession in tecting our air, our water, and our land as he assured me in committee and in June 2009, Federal agencies have bur- without undercutting the economy. At personal meetings, and I have watched dened a weakened economy with thou- least, we know that he will listen to him in action in terms of questioning sands of pages of new rules, costing the other side and try to be reasonable. the overreach in the court systems. He consumers billions of dollars. Tens of He will ensure that the EPA abides has worked with our attorney general, thousands of workers have lost their by congressional intent, and he will be Patrick Morrisey, to be the leader in jobs. The EPA has perhaps become the an active partner with State and local this. poster child for this overreach, from re- stakeholders in the rulemaking proc- I have confidence that he embodies stricting carbon emissions without the ess. the leadership that we need to restore direction of Congress—and according to Going back to the stream buffer rule the balance and accountability to the the clean air direction of Congress of and the reason that fell apart—and I EPA in a way that will benefit the pub- what is important—to federalizing am so pleased that the President is lic health and benefit environmental every stream, every pond, every wet- going to be signing the CRA on that preservation, as well as restore much- land under the waters of the United today—the EPA invited States to come needed economic growth that needs to States rule, to unilaterally banning in and speak about the rulemaking be a part of the balance that we want virtually Appalachian coal mining by process. Within months, it became very to see restored back to the EPA. obstructing the permitting process and apparent to the States that are With that, I yield the floor. pursuing ozone standards that the vast charged with protecting the water that The PRESIDING OFFICER. The Sen- majority of the country cannot meet. this is just window dressing. They real- ator from Michigan. The vast majority of the country is ized: They are not listening to us, and Ms. STABENOW. Mr. President, let still trying to meet the ozone stand- they don’t really want us to buy in. me say first that I join with the distin- ards that were established under the Eight of those States left. guished Senator from West Virginia in last regulation. So as the attorney general for the expressing concern about our water in- I support the mission of the EPA in State of Oklahoma, he has held indus- frastructure and water issues. As many protecting human health, in protecting try to account as well protected lakes of us know, we have had terrific chal- our air and our water, but there has to and streams in his State. I asked him lenges in Flint, MI, with an entire be a balance. There has to be a balance in the committee: If the State or local water system being unable to be used between growing the economy and pre- government doesn’t intervene in what because of lead poisoning and the ter- serving the environment. Over the last looks to be an environmental issue— rible decisions made, primarily at the several years, we have seen that bal- not just a crisis, but if they are not State level. ance very disrupted. This disruption is doing their job in protecting the air I was very concerned—when I speak at odds with the law and the well-being and the water—what would you do as about Mr. Pruitt and his nomination— of many of our working families. the EPA Administrator? He said: That that when asked by Senator CARDIN if This has been acutely felt in my is where we should be stepping in. That he believes there is any safe level of State of West Virginia where we have is where we should be helping those lead that can be taken into the human lost more than 35 percent of our coal States meet those standards, helping body, particularly a young person, he jobs since the year 2011. That is more those States get the right information. said that this is something he hasn’t than 7,000 jobs eliminated in a rel- So I think he is going to be unafraid reviewed and doesn’t know anything atively small State like West Virginia, to take on the EPA when it is set to ig- about. That is deeply concerning to and many of these jobs are very high- nore a State’s sovereignty. me—that the person who would be paying jobs. Mr. Pruitt is the most thoroughly heading the EPA would not know any- As a nation, we have lost more than vetted candidate for this position in thing about lead poisoning and what 60,000 coal miners in the same time- history. He fielded 6 hours’ worth of that means, first of all, in a child’s frame. This has hurt our workers, our questioning before the Committee on body, where it is poisoned and affects families, our communities, and our Environment and Public Works, where their development throughout their State. I serve. During that hearing, he as- life. It is critically important for us in The loss of good-paying jobs means sured me that he will engage directly Michigan—and there are many, many less commercial activity. It means less with the State of West Virginia and places where there are serious water tax revenue to support our education, visit our State. We could never get the quality issues that need to be ad- our county school systems, our county EPA Administrator to visit our State dressed—that we have someone who ambulances, our county sheriff’s de- and listen to our side. He will visit our understands the science and the need partments, and our law enforcement. State, listen to our side, and reform for clean water rules and protecting For example, little old Wayne County the rulemaking process to prevent an- our waters so that any family, any in West Virginia has lost 88 percent of other open assault on our economy by community can have the confidence of its coal severance taxes between 2013 unelected bureaucrats. turning on the faucet and knowing that and 2016. This year, our Governor and He also committed to me that he there is going to be clean water coming our legislature are struggling right would pursue full implementation of out into their sink in their home. It is now with a $500 million budget deficit, the bipartisan Frank R. Lautenberg very concerning to me that we have a largely due to the loss of our coal jobs. Chemical Safety for the 21st Century nominee who indicated that he really Patching that shortfall could mean Act, a bill on which we joined to- didn’t know anything about this issue. significant tax increases, painful cuts gether—Republicans and Democrats, So for that and a number of reasons— in public services, or both, which could both sides of the aisle, with President many, many reasons—I am joining further hurt and cripple our local econ- Obama—to modernize our toxic chem- with so many colleagues in opposing omy. It will be a long road undoing the ical regulations in terms of water. Scott Pruitt to be the next Adminis- legal and economic damages suffered This is important to me. I was talk- trator of the Environmental Protection over the last several years. ing to my colleague from Michigan Agency. Voters in my State and across the about this issue. We had a water crisis The EPA Administrator is a very im- country have made it clear that fixing in West Virginia where we had a large portant position. As I indicated, to Washington includes meaningful re- chemical spill. This bill, under Scott those of us in Michigan, surrounded by forms for the way that the EPA oper- Pruitt’s leadership and my pressing for the beauty of the Great Lakes, having ates and has been operating. the implementation, as others will be, the responsibility for protecting the So what do we have before us? We will help us in situations like this. Great Lakes, this is a very, very impor- have a great nominee for EPA Admin- Beyond the over 200 questions he an- tant position. istrator, Scott Pruitt, who is presently swered in the hearing, he answered After examining Mr. Pruitt’s record the attorney general of another en- more than 1,000 followup questions. He on a broad range of issues, as well as

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.017 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1236 CONGRESSIONAL RECORD — SENATE February 16, 2017 his views about the Agency he has been constantly having to focus on to push I think the President is afforded sig- nominated to lead, I have significant back these fish from destroying our nificant discretion in appointing mem- concerns about the direction and the fisheries and boating operations and bers of the Cabinet, and I have voted to priorities the EPA would take if he be- environments in the Great Lakes; to confirm a number of President Trump’s comes Administrator. address harmful algae blooms and re- nominees even if I wouldn’t have nomi- Now, this is not based on partisan store habitat; and to protect native nated them myself because I think politics. When George W. Bush was species. they meet the basic test of competence President, I joined 98 of my colleagues Scott Pruitt’s long record of oppos- and integrity. But I have voted against to vote to confirm Christie Todd Whit- ing nearly all Federal environmental individuals if they can’t satisfy me man to be EPA Administrator. Two programs raises serious questions to that they meet our ethical standards years later, I was among 87 other Mem- me about his commitment to the Great or that they are qualified for the posi- bers of the Senate to vote to confirm Lakes Restoration Initiative and all of tion or that they are able to do the job Michael Leavitt to succeed her at the the efforts we have worked on in a bi- fairly and objectively. EPA. partisan, bicameral way to make sure The ability of the EPA Adminis- But the facts are—the evidence is— we are protecting 20 percent of the trator to do this job fairly and objec- that Scott Pruitt does not have the world’s freshwater, 30 million people’s tively requires an acknowledgement of requisite experience and track record drinking water, and a huge economic the scientific reality of climate change to successfully lead an Agency that engine called the Great Lakes. and other science. This isn’t an ab- plays such a critical role in protecting I always like to say the Great Lakes stract matter for Virginia, and it is not the health and the well-being of the are in our DNA, and that is very true an abstract matter for the EPA Admin- American people, and, certainly, the for all of us who live in Michigan and istrator. people that I represent in the great certainly around the Great Lakes be- Next only to coastal Louisiana, Vir- State of Michigan. cause we understand that this great ginia is the most susceptible State to As I mentioned before, we are very, natural resource supports more than sea level rise. Hampton Roads, VA, very familiar with the importance of 1.5 million jobs and nearly $62 billion in with 1.6 million people—our second clean water and the consequences of wages tied to jobs and industries, and, largest metropolitan area—not only is environmental mismanagement. We frankly, it reflects our wonderful qual- it a busy and thriving metropolitan need an EPA that will act quickly ity of life in Michigan. area, but it is the center of American when there is a crisis like the one that I also have great concerns about Mr. naval power and the largest base of happened in Flint, which is, unfortu- Pruitt’s long-running opposition to the naval operations in the world. It is the nately, still going on. This was a man- landmark renewable fuel standard, homeport for the U.S. Atlantic fleet. made crisis inflicted by the State of which puts him at odds with the Agen- What we are seeing throughout Hamp- Michigan’s actions on a number of dif- cy that administers the program. The ton Roads, VA, is that neighborhoods ferent levels that created a situation President promised us a farmer-friend- where you could sell and buy a house 15 where the State would rather save $100 ly EPA. Yet this nominee to lead the years ago, you now can’t because nor- Agency wants to dismantle one of the a day than treat the water for lead cor- mal tidal action renders the homes im- most successful economic drivers in rosion. So $100 a day they wanted to possible to sell. It affects businesses. save rather than treat the water to pre- rural America. Mr. Pruitt has repeat- By 2040, the main road into the larg- vent children and families from being edly spoken out against the renewable est naval base in the world, Norfolk, exposed to lead-tainted water. This was fuel standard, calling the program will be covered 2 to 3 hours a day just flawed and unworkable. a State decision. by normal tidal action, not by storm Mr. Pruitt heading up EPA, coupled Mr. Pruitt has made it clear that it surges, which make it more significant. with former ExxonMobil executive Rex is his intention to defer as much as So now the cities of Norfolk, Virginia Tillerson at the State Department and possible to States—to States like Beach, Portsmouth, Suffolk, Chesa- oil refinery owner Carl Icahn advising Michigan, which didn’t treat the water, peake, Newport News, and Hampton the White House, may well be the end then didn’t tell the truth, then covered of the RFS as we know it. That is, are all trying to figure out ways to it up, and still has not done—despite frankly, bad news for biofuels pro- make resiliency investments to protect Congress and the President together ducers in Michigan, bad news for Amer- against sea level rise, and the Depart- acting to support that community, the icans who care about creating eco- ment of Defense is having to con- State still has not stepped up to meet nomic growth and jobs in rural commu- template the same kinds of invest- their responsibilities. After more than nities, and bad news for small towns ments to protect our naval operations 2 years, people still cannot turn on the and communities throughout Michi- in Hampton Roads. The EPA’s mission and its entire ex- faucet and have confidence that they gan. Mr. Pruitt’s record of siding with are going to have clean water. Yet Mr. polluters over sound science puts him istence revolve around science. To en- Pruitt says the State ought to be the outside the mainstream of what we force the Clean Water Act and the one making these decisions. should expect from our EPA Adminis- Clean Air Act, to set limits on pollut- While I firmly believe an effective trator. ants that are stringent enough to have EPA is one that works closely and It is for these reasons that I intend to measurable benefits but reasonable often in concert with State and local vote against his nomination, and I urge enough to avoid negative economic im- communities, we must also be sure we my colleagues to do the same. pacts to the degree we can, and to pore have leadership at the EPA that is The PRESIDING OFFICER. The Sen- over reams and reams of data and anal- willing and capable of providing the ator from Virginia. ysis and figure out whether a chemical oversight necessary to ensure environ- Mr. KAINE. Mr. President, I also rise in a consumer product is harmful takes mental and public health standards. to oppose the nomination of Scott Pru- science. To analyze whether fracking We also need an EPA Administrator itt as EPA Administrator. or some other method of extracting en- whom we can trust to protect and pre- To summarize—and then I will go ergy is dangerous to drinking water or serve our amazing Great Lakes. Crit- into some detail—Virginians are pro- not dangerous or somewhere in the ical to this objective is a grant pro- science people. The political figure we middle or what the right limits should gram administered by the EPA called most venerate is still Thomas Jeffer- be takes science. Great Lakes Restoration Initiative. I son, who was the preeminent scientist In an earlier iteration, I was the was very pleased to champion and help of his day. We are pro-science people. mayor of Richmond. My city has a launch this in 2010 with strong support Second, the evidence from Mr. Pruitt’s river in the middle of it that was so from the Obama administration. This career demonstrates he is anti-science polluted—the James River—you accelerates efforts to protect and re- in the climate area and possibly others. couldn’t swim in it and you couldn’t store the Great Lakes by providing Third, there is no position in the Fed- fish in it. There was no bird life in it grants to clean up contaminated areas; eral Government that more relies upon because it had been polluted over such prevent and control invasive species, accurate science and scientistic judge- a long time. Today, go to Richmond, things like Asian carp, which we are ment than EPA Administrator. VA, and you will see people canoeing

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.018 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1237 and kayaking. You will see people fish- to do about it, and I think those are a thing as there is in Virginia. Prob- ing and taking the fish home to eat. challenging discussions to have. That ably next to support for veterans, sup- You will see people swimming. It has is fair game. Differences of opinion port for the Chesapeake Bay would be a gone from the sewer of our city to the about what to do about—that is fair close second in bipartisanship. As pub- front yard of our city, to the thing that game. But denying an overwhelming lic officials, we worked out with the has helped bring population back into scientific consensus that climate EPA a strategy we thought would be downtown Richmond and grow our pop- change exists and that it is driven by conducive to cleaning up the Chesa- ulation, and it happened because of the human activity in the burning of fossil peake Bay—which is not just about en- Clean Water Act. fuels—something ExxonMobil sci- joyment, not just about water quality, There is always a question in regula- entists were agreeing to in papers writ- but also about traditional Virginia in- tion—too hot, too cold, or just right. ten in the 1980s, not 4 months ago—de- dustries, like watermen’s industry But my city would not be what it is nying that is a denial of science. tourism, which is a big industry in our today had there not been a Clean Water I worry. If Mr. Pruitt denies science State. Act that required us—in some ways on this matter, what other science will We worked it out to our satisfaction, that were painful at times—to save the he deny? His record as attorney general but when we did, there was a lawsuit river, and now it has herons, bald ea- in Oklahoma bears me out on my filed against this particular regulation gles, fish, kayakers, and canoeists, and worry to some degree. In virtually by the Farm Bureau. The attorney gen- everybody’s quality of life and the every decision, the attorney general’s eral of Oklahoma—not one of the six economy are better too. office defended the interests of oil and States in the Chesapeake Bay water- Mr. Pruitt has been asked repeatedly gas, of Big Agribusiness, and basically shed—the attorney general of Okla- about his views on climate science. the interests of polluters against the homa intervened and filed a friend-of- Just 4 months ago, he stated: interests of clean air and water, which the-court brief to try to strike down We’ve done a lot [in reducing carbon emis- are the interests of our families and the regulation that the EPA and Vir- sions], and that’s not even addressing, guys, our kids. ginia officials had worked on in tan- the fact that there’s a tremendous dispute, A New York Times article from 2 dem for the good of the Chesapeake as you know, that’s going on in the market- years ago—before Mr. Pruitt was nomi- Bay, for the good of our Common- place about how much this global warming nated for this position—identified that wealth, for the good of our citizens. trend that the [Obama] administration talks when the EPA was looking at the po- about, if it’s true or not. I contend: Why would an attorney Is it truly man-made and is this simply tential impacts—potential, not guaran- general in Oklahoma care so much just another period of time where the Earth teed; we are trying to determine if about a Chesapeake Bay rule that we is cooling, increasing in heat? I mean is it there are impacts—of fracking on had worked out together? I contend just typical natural type of occurrences as water quality and seismic instability, that he and some other attorneys gen- opposed to what the Administration says? Attorney General Pruitt submitted eral who joined in this were worried That was just 4 months ago. This comments on behalf of the State of that if the EPA succeeded, then the kind of skepticism—we don’t know Oklahoma that expressed skepticism EPA might try something in other whether humans cause it; we don’t that fracking was causing any prob- large watersheds, including those in know whether it is natural—is exactly lems. Well, why not do the investiga- their States. the kind of thing we have seen in Con- tion? Why not get to the bottom of it? The matter did go to the Federal ap- gress before. There was a famous hear- Was the opinion that he expressed pellate court. The Federal appellate ing in Congress that was sort of embla- backed by science? Was it backed by a court upheld the Chesapeake Bay plan. zoned on people’s memories of a whole deep analysis that had been done by The attorneys general and others tried bunch of witnesses standing up and scientists or smart attorneys in Mr. to take it to the Supreme Court. The swearing to tell the truth and saying: Pruitt’s office? No. In this instance, Supreme Court wouldn’t take the ap- We don’t know that there is a connec- good investigative journalism deter- peal, and so the Chesapeake Bay plan is tion between cigarette smoking and mined that the comment expressing in operation. We were all struck about cancer. This kind of denial of the sci- skepticism about fracking having any why an Oklahoma attorney general entific consensus from an Adminis- effect on water quality was actually would be going after something affect- trator of the chief agency that needs written by an energy company, copied, ing the Commonwealth of Virginia, and science in this country is deeply trou- and pasted onto official Oklahoma let- there is a point there. bling. terhead and submitted to the EPA as The point was this. EPA scientists I don’t think it should be going out representing the views of Oklahoma working in tandem with State officials on a limb to declare that climate public officials. had analyzed the water quality in the change is happening, driven largely by Would it be appropriate for the attor- bay, and they had followed the State’s the burning of fossil fuels, and is a ney general of Oklahoma—a State that progress, or lack thereof, over time, problem we have to deal with in some has significant oil and gas—to take and they finally said, again, working in way. How to deal with it, how quickly into account the views of oil and gas tandem with many of us: The pollution to deal with it—those are tough ques- producers on something as important levels are so bad that we are never tions, but acknowledging the science as fracking? Absolutely. In fact, you going to return the bay to what it can should not be tough. would not be doing your job if you be unless we need to take action. That acknowledgement of the science didn’t take the views of those compa- It was that scientific consensus that was the policy of a predecessor of mine, nies into account. But considering in- Mr. Pruitt as attorney general of Okla- Virginia Senator John Warner, a Re- dustry views is very different from tak- homa was challenging. Science is the publican, who introduced one of the ing their views and portraying them as pursuit of truth. Science is supposed to first climate bills in Congress with coming from you, a holder of a public follow where the facts lead, no matter Democratic Senator Joe Lieberman in trust who is supposed to be working for what the scientist’s initial views might 2006. This policy that we recognize everybody and not just one company or be. science was the policy of the George one industry. Mr. Pruitt’s record does not tell me H.W. Bush administration, which nego- Here is one more example I will give he will follow the data wherever it tiated the U.N. Framework Convention before I conclude, because I take it per- leads. It tells me that whenever there on Climate Change more than 25 years sonally. Virginia is one of the six is a menu of options, he is going to ago. It was the policy that underlay States in the Chesapeake Bay water- take the option that is most beneficial the Presidential campaign of one of our shed. I worked on this matter as Gov- to polluters rather than beneficial to colleagues, Senator JOHN MCCAIN, in ernor of Virginia, along with col- public health. 2008. leagues in the other States and the I will conclude with the point at Acknowledging the science of cli- District of Columbia, and we worked which I started. There is no Federal mate change isn’t a matter of political together with the EPA on how to clean agency that needs to have somebody views; it is a matter of science and re- up the bay. This is a treasured resource who accepts science and scientific con- ality. We can discuss and debate what for Virginians. It is about as bipartisan sensus more than the EPA. It matters

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.020 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1238 CONGRESSIONAL RECORD — SENATE February 16, 2017 deeply to Virginia, but I don’t think they loved, too many children who suf- cent of gun violence—three neighbor- Virginians are unique to this. I think it fered the physical and mental trauma hoods. I visited some of them. They matters to the citizens of 50 States. of gunshot wounds and witnessing vio- warned me: Don’t get out of the car. EPA regulations are not all wise, and lence. Many of these shootings could They are right. Random gunfire is a re- some need to be dialed back. I have have been prevented, but it is going to ality of life in those neighborhoods. We seen the positive effects of wise EPA take changes in our laws and changes know where they are. We know where regulations in my city and in my in our attitude for that to happen. the shooters live. We know where the State. I am going to vote no on Mr. We have absurd loopholes in our gun victims are. We can do more. Pruitt because I don’t believe his first laws that make it easy for dangerous President Trump sends out a lot of duty will be to follow science and en- people to get their hands on guns. We tweets. He likes to tweet about Chi- force just laws and regulations, appro- have obvious gaps in our gun back- cago, and I am not quite sure why. priately governing the water we drink ground check system. We have inad- Tweeting doesn’t save lives. Saying and the air we breathe. equate Federal laws to stop gun traf- that you are going to send in the Feds With that, I yield the floor. ficking and straw purchases of guns. may be one of those short tweets that The PRESIDING OFFICER. The Sen- These factors allow a flood of illicit is catchy, but it doesn’t mean a ator from Illinois. guns to come into Chicago from other damned thing to the people who are GUN VIOLENCE towns and States, from gun shows in being shot and are dying in the city of Mr. DURBIN. Mr. President, I rise neighboring States where there is no Chicago. again to speak about the epidemic of background check. These drug gangs Last week I joined my colleague Sen- gun violence in the city of Chicago and drive over to these locations and fill up ator TAMMY DUCKWORTH, and we sent a across America. the trunks of their cars with guns to letter to the President asking him to The American Medical Association take them and sell them in the neigh- do more than tweet when it comes to has declared gun violence as a public borhoods to kids who shoot and kill Chicago. health crisis in America. Every day, al- one another day in and day out. I ask unanimous consent to have most 300 men, women, and children are We have gun dealers—federally li- printed in the RECORD this letter. There being no objection, the mate- shot in this Nation. Gun violence censed gun dealers—who look the other rial was ordered to be printed in the touches every American community, way when someone comes in to make a RECORD, as follows: but no community has suffered more straw purchase. That is the purchase of than the city of Chicago. a gun that the purchaser is not going UNITED STATES SENATE, I am honored to represent that city. to use but is going to give it to some- Washington, DC, February 10, 2017. President DONALD J. TRUMP, I love it, and I think it is a great city. body who is prohibited from buying a The White House, I spend a lot of time there to get to gun. Washington, DC. know the people who were born there In light of the epidemic of gun vio- DEAR PRESIDENT TRUMP: During the 2016 and live their lives there and call it lence in our country, Congress should presidential campaign and in numerous home. It is a great honor to call it part be working around the clock to fix tweets and comments since the election, you of my State that I am honored to rep- these gaps in our Federal law. But the have lamented the recent surge of gun vio- resent. Republican-controlled Senate is doing lence in Chicago and said the federal govern- ment could help stop the violence. While the The stories that are coming out of nothing to address gun violence in Chi- level of shootings and homicides is clearly the city of Chicago are heartbreaking cago or anywhere else. Instead, look at unacceptable, tweeting alone will not fix it. stories—and none worse than this what we just did yesterday. Just yes- Tweeting does not break cycles of violence; week. This week there was a slaughter terday, this Senate, on this floor, voted tweeting does not help lift people out of pov- of the innocents. In a 4-day period ear- to weaken the gun background check erty; tweeting does not save lives. We urge lier this week, three beautiful children system instead of strengthening it. It you instead to provide a surge in federal sup- under the age of 12 were fatally shot. is hard to understand how the Repub- port and resources for Chicago to reduce vio- On Saturday night, 11-year-old lence and expand economic opportunities for lican Party can have its priorities so neglected communities. Takiya Holmes, sitting in her mom’s wrong when it comes to gun violence. Public safety is primarily a local responsi- car, was shot in the head and killed. A We can respect Second Amendment bility, but the federal government must be 19-year-old suspect in custody has been rights of individuals. We can respect an engaged partner in public safety efforts charged. He reported that he was the rights of people to own a gun for alongside local officials, law enforcement, shooting from across the street at rival self-defense, for sporting and hunting and community stakeholders. There is much the federal government can do to help. gang members, and a stray bullet hit purposes. I have gone hunting. I have Instead of tweeting, you could begin by di- Takiya. She died on Tuesday morning. used a firearm. I complied with every recting your Administration to enhance U.S. On Saturday, 12-year-old Kanari Gen- law in the books, all of them. The Department of Justice (DOJ) programs that try-Bowers was shot while playing bas- hunters who were with me did too. improve community policing, such as the ketball in the West Englewood neigh- Why is it so hard to ask before we COPS Hiring Program to help local police borhood. She passed away just yester- sell a gun to someone whether they departments put more cops on the beat, and day. have a criminal record, whether they the Byrne-JAG grant program to enable On Tuesday at 1:30 in the afternoon, are buying it for another person who local law enforcement to purchase or up- grade equipment. We note that in his first 2-year-old Lavontay White was shot might have a criminal record, or year in office, President Obama pushed for a and killed while sitting in the car with whether they have a history of mental surge in COPS and Byrne-JAG funding his pregnant aunt and uncle. instability, which would disqualify through the Recovery Act and the appropria- Lavontay’s uncle was also killed. His them from owning a gun? tions process that provided Chicago with aunt was wounded. We are facing a crisis in Chicago and $13.256 million in COPS Hiring funding and These shootings are senseless, dev- across the Nation because of this vio- $35.637 million in Byrne-JAG finding. This is astating, and heartbreaking. Already lence. We in Congress have a responsi- more than four times the amount of COPS this year there have been over 400 bility to do everything we can at the funding and 15 times the amount of Byrne- JAG funding that the City received last shootings in Chicago—so far this year. Federal level to protect our constitu- year. You could push for a similar funding That is after there were more than ents, our neighbors, from getting shot. surge. 4,300 shootings last year. We can’t ignore this responsibility, and We also urge you to direct DOJ to promote My thoughts and prayers, of course, we certainly shouldn’t be weakening mentoring and job training programs for go to the victims and their families. I gun laws as the Senate did yesterday. youth and the formerly incarcerated. We are have attended so many marches and We also need the Federal Govern- ready to work with you to strengthen the Of- parades, funerals, and memorial serv- ment to be an engaged partner with fice of Juvenile Justice and Delinquency ices. But thoughts and prayers are not cities like Chicago to help reduce vio- Prevention to improve mentoring and vio- lence prevention initiatives and to boost enough. We need to do something to re- lence and expand economic options in funding for recidivism reduction programs duce this epidemic of gun violence. depressed neighborhoods. You can pick under the federal Second Chance Act. We There have been too many funerals, too out three neighborhoods in the city of urge you to direct DOJ to abide by its com- many families who have lost that baby Chicago that account for almost 50 per- mitment to help implement policing reforms

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.022 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1239 recommended by the Department’s Civil We also asked the President to direct of an aggressive EPA that has imposed Rights Division. We also request your sup- the Justice Department to promote increasingly costly and burdensome port for legislation to close gaps in the FBI mentoring and job training programs. I regulations on the States. gun background check system and in federal want peace on the streets of Chicago firearm laws that enable straw purchasers During his time as the attorney gen- and gun traffickers to flood Chicago’s streets and every American city, and I know eral, Mr. Pruitt established Okla- with illicit guns. that one of the keys to this is the be- homa’s first Federalism Unit in the Of- Federal efforts must also transcend law en- lief that there is a chance in this econ- fice of Solicitor General to more effec- forcement and criminal justice programs to omy for you and your family. tively combat unwarranted regulation focus on causal factors, including the lack of We need to have mentoring and job and overreach by Federal agencies. economic opportunity. We urge the U.S. De- training programs for young people General Pruitt is a strong believer in partment of Education and the U.S. Depart- through the Office of Juvenile Justice federalism and States’ rights, which ment of Labor to prioritize important career and Delinquency Prevention and for and youth training programs that, if prop- have been often overlooked by the pre- erly funded and expanded, would address the former incarcerated persons through vious administration, often to the det- role that poverty plays in the violence epi- the Federal Second Chance Act. riment of the U.S. economy and our en- demic facing Chicago and other communities We asked the President to support vironment. around the country. policing reforms recommended by the I am hopeful Attorney General Pruitt Before you send your next tweet, you could Justice Department in Washington. We will take steps to improve the Federal request a surge in additional federal re- asked him to support our efforts to sources for these public safety and economic regulatory process to make certain close the gaps in Federal gun laws. Federal regulations are promulgated development efforts in Chicago. But so far, There is no denying that poverty your Administration has refused to commit with adequate public participation, to spend any additional resources to combat plays a role in fueling violence and in underpinned by the best scientific evi- Chicago’s violence and has actually threat- violating justice. We asked the Presi- dence available and in a transparent ened to cut federal funds for the City. Now is dent, also, to prioritize funding for jobs and open manner. Attorney General not the time for the federal government to programs under the Departments of Pruitt understands the importance of abandon its support for Chicago and its peo- Labor and Education. These are con- taking stakeholder, State, and local ple. crete steps that would help reduce vio- This week, you reportedly attributed Chi- government comments and expertise lence in Chicago. into account when promulgating regu- cago’s crime situation to the presence of un- So far, President Trump’s adminis- documented immigrants. This coincides with lations. He understands that listening your January 25 executive order that makes tration has not committed any addi- to and considering the differing view- up to eight million immigrants priorities for tional resources to combatting Chi- points of stakeholders will improve the deportation and seeks to create a mass de- cago’s violence. Mayor Emanuel was regulatory process and lead to better portation force by tripling the number of im- here a few days ago to meet with the regulations. This will lead to fewer migration agents. The vast majority of im- Department of Justice and to make the burdensome and costly regulations for migrants in our country are peaceful and same plea. The administration instead have strong family values, and studies have South Dakota farmers, ranchers, and is threatening to cut funding, on top of landowners, while at the same time shown that immigrants are less likely to the devastating funding cuts we have commit serious crimes than native-born in- making certain we have clean air and dividuals. We are aware of no evidence that already seen in Illinois under our cur- clean water. undocumented immigrants are responsible rent Governor. The Obama EPA’s process for consid- Now is not the time for the Federal for any significant proportion of the murders ering scientific information was flawed in Chicago, and claims otherwise do nothing Government to abandon support for the and unbalanced. There was a lack of but distract from efforts to meaningfully re- families living in this great city. I urge balanced opinion, geographic diversity duce the City’s recent increase in violence. the President and his administration in State, local, and tribal representa- We note that you have urged Congress to to reprioritize Federal resources to re- fund the construction of a wall on the South- tion on EPA’s Science Advisory Board, duce gun violence in Chicago and ern border that would reportedly cost at which is tasked with providing sci- around the Nation. It is going to save a least $21.6 billion, even though the wall entific advice to the EPA. Attorney lot more lives than tweeting. would not fix our broken immigration sys- General Pruitt understands the impor- If you will not do it for two Demo- tem and even though Republican Congress- tance of relying on the most up-to-date man Will Hurd, whose district covers 800 cratic Senators, do it for these fami- science to underpin environmental reg- miles of the border, has said ‘‘building a wall lies. Do it for the moms and the rel- ulations. is the most expensive and least effective way atives who are now planning the fu- to secure the border.’’ If your Administra- neral services of these babies who were During his confirmation hearing, he tion were to take even one percent of this gunned down in the city of Chicago affirmed to me that he would uphold funding and devote the resources instead to his obligations to use the most current, help Chicago’s public safety efforts, it would this week. I yield the floor. accurate data and sound science when make a dramatic difference in reducing Chi- making decisions, especially when it cago’s violence. We urge you to reprioritize I suggest the absence of a quorum. federal resources that you would request for The PRESIDING OFFICER. The comes to the renewable fuel standard. wall construction and commit those re- clerk will call the roll. The RFS has been successful in South sources instead to reducing gun violence in The senior assistant legislative clerk Dakota in encouraging investments Chicago and other violence-prevention ef- proceeded to call the roll. and creating jobs in corn ethanol pro- forts around the nation. Doing so could save Mr. ROUNDS. Mr. President, I ask duction. Mr. Pruitt understands the many more lives than tweeting. unanimous consent that the order for importance of corn ethanol to the Mid- Thank you for your consideration on this west. important issue. the quorum call be rescinded. Sincerely, The PRESIDING OFFICER. Without Throughout his tenure as attorney RICHARD J. DURBIN, objection, it is so ordered. general, Attorney General Pruitt wit- U.S. Senator. Mr. ROUNDS. Mr. President, I rise to nessed firsthand the negative impact TAMMY DUCKWORTH, discuss Mr. Trump’s nominee to be Ad- that EPA regulations, such as the U.S. Senator. ministrator of the U.S. Environmental waters of the United States rule, have Mr. DURBIN. We asked the President Protection Agency, Oklahoma Attor- on U.S. landowners and on our business to put his twitter account down for a ney General Scott Pruitt. owners. He saw how incomplete eco- few minutes and instead direct his De- His background with the EPA regu- nomic analysis did not account for the partment of Justice to enhance pro- latory process makes him well suited full impact of regulations on U.S. citi- grams that improve community polic- to lead this Agency. He has an in-depth zens, and the regulatory burden was ing, such as COPS and the Byrne-JAG understanding of the impact regula- often far greater than what the EPA grants. We asked him to provide a tions have on landowners, American claimed it would be. surge in these programs, just like businesses and State and local govern- The attorney general can modernize President Obama did in his first year ments. As attorney general, Mr. Pruitt the EPA’s approach to regulation and through the Recovery Act and the ap- has been a leader in standing up for the make certain that regulations are pro- propriations process. rights of State governments in the face mulgated in a deliberate, fair, and

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.003 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1240 CONGRESSIONAL RECORD — SENATE February 16, 2017 transparent process. A better regu- Well, technically it is illegal to im- I am not casting aspersions on any- latory process will lead to better regu- port a drug that doesn’t have FDA ap- one’s motives here, but let’s be real. lations. Better regulations will make proval. But there is a catch. The FDA Someone has to pay the full price of certain our air, water, and land is pro- does not quite enforce the ban against this drug at $89,000 a year. We have a tected, our economy continues to grow, all unapproved drugs. In fact, it has drug that used to be available for $1,500 and American jobs can continue to be issued regulatory guidance saying that a year, and now it is $89,000 a year. created. you can get an exemption and buy an Whatever happened, that is a system- Attorney General Pruitt has had a unapproved drug from overseas if you wide failure. We as a Congress have to rigorous vetting process since first meet five conditions. First, you have to address it. being nominated by President Trump. have a serious illness for which there is There is simply no getting around He has answered more than 1,200 ques- no other treatment available. Second, the fact that this story should never tions from Senators, more than 1,000 you can’t sell the drug. Third, you have been written in the first place be- more questions than nominees for the can’t pose an unreasonable risk to your cause it should have never happened in EPA Administrator from the incoming health. Fourth, it has to be for you and the first place. We should be chan- Obama administration to the Bush ad- you alone. Fifth, you can’t buy more neling peoples’ ambition and entrepre- ministration or the Clinton adminis- than a 3-month supply. neurial spirit into finding cures, not tration. Additionally, his confirmation All of that sounds fair enough. But if finding new and clever ways to make a hearing was the longest for any EPA someone comes along and gets FDA ap- profit. That is what our food and drug Administrator. proval for their version of the exact laws are designed to do. That is what I, personally, would like to thank same drug, the exact same chemical they have clearly failed to do in this Chairman BARRASSO for spearheading composition of the drug that is being instance. this fair and very transparent con- imported, then you cannot buy it over- I just want to say that I am not firmation process. I would also like to seas anymore. That is exactly what going to let this story disappear. I am thank Attorney General Pruitt for tak- happened here. going to work with my colleagues to This was not a new drug. This was ing the time to answer all of the ques- find a legislative solution to this mess not a medical breakthrough. This was tions that were asked of him and meet- and promote affordable, high-quality not a scientific advance. This was, ing with Senators both on and off the healthcare for all, for all families plain and simple, an arbitrage oppor- EPW Committee. whose young children suffer from tunity. Other people had already gone General Pruitt’s impressive back- Duchenne and for every other orphan to the trouble of making a drug that ground and depth of knowledge on EPA disease that has drugs that can be used worked, but if you paid the expenses of issues make him well suited to be the for treatment and right now are being getting FDA approval, you would es- next EPA Administrator. As a member blocked from the market or for which sentially buy for yourself monopoly of the Senate Environment and Public we are paying way too much money as pricing power. That is what other com- Works Committee and chairman of the panies missed, and now, to cover the a society. subcommittee which has oversight of I yield the floor. costs of going through that approval the EPA, I look forward to his eventual I suggest the absence of a quorum. process, Marathon is increasing the confirmation and to working with him The PRESIDING OFFICER. The price from roughly $1,500 a year to in the future. clerk will call the roll. $89,000 a year. The legislative clerk proceeded to I yield the floor. I don’t think it is an overstatement I suggest the absence of a quorum. call the roll. to say that this turn of events is noth- The PRESIDING OFFICER (Mr. Ms. CANTWELL. Mr. President, I ask ing short of outrageous. It defeats the SASSE). The clerk will call the roll. unanimous consent that the order for very purposes of our FDA laws. The The senior assistant legislative clerk the quorum call be rescinded. reason we offer people the chance to proceeded to call the roll. The PRESIDING OFFICER. Without create a monopoly is to encourage in- Mr. COTTON. Mr. President, I ask objection, it is so ordered. novation and medical breakthroughs, unanimous consent that the order for Ms. CANTWELL. Mr. President, for to generate new drugs that are going to the quorum call be rescinded. the last 47 years, the EPA has enforced The PRESIDING OFFICER. Without solve diseases or illnesses. What we are saying is, if you go to science-based environmental policies objection, it is so ordered. the pain and expense of developing a that have resulted in cleaner air and PRESCRIPTION DRUG PRICES new treatment, we will give you the water, the cleanup of some of our Na- Mr. COTTON. Mr. President, I re- sole rights to sell it for a number of tion’s most contaminated lands and cently read a story in the Wall Street years so you can recover your costs, waters, and has improved our under- Journal that I thought was so alarming and, therefore, we will encourage more standing of our changing climate. All it demanded action. Here is the head- medical breakthroughs to alleviate the of this has led to a healthier America. line: ‘‘Marathon Pharmaceuticals to pain and suffering of the American peo- Bipartisan Administrators of the En- Charge $89,000 for Muscular Dystrophy ple. In other words, monopoly rights vironmental Protection Agency—ev- Drug After 70-Fold Increase.’’ are not merit badges. They are not a erybody from the great Washingtonian Yes, that is $89,000 a year, and, yes, reward for business smarts. They are Bill Ruckelshaus to most recently Gina that is a 70-fold increase—70-fold, as in supposed to serve the interests of pa- McCarthy—took on the role and re- 7,000 percent. tients. They are supposed to expand ac- sponsibility as EPA Administrator, For those of you who have not read cess to treatment. But in this case, knowing that it was their responsi- the article, here is the story. There is what we see in our system is, in fact, bility to protect existing environ- a rare disease called Duchenne mus- restricting access and driving up the mental law and to let science be the cular dystrophy. It affects about 12,000 price for that coverage. guide on research and new policies. young men in the United States. Most I understand that many people with They took the EPA mission to heart, of them, unfortunately, end up dying in Duchenne are happy that Marathon has and they fought to protect human their twenties and thirties because of done this because now that the drug health and the environment. it. has FDA approval, insurance compa- I have questions about whether the We don’t have a cure yet for nies will likely cover it—unlike before nominee, Mr. Pruitt, follows those Duchenne. Until recently, there was when people had to pay out of pocket, same values, and I come to the floor to not even a treatment with FDA ap- meaning that poor kids didn’t get ac- oppose his nomination to be the Ad- proval. So, for many years, patients cess to deflazacort, whereas upper mid- ministrator of the EPA. and parents have been importing a dle-class and rich kids typically did. Mr. Pruitt has repeatedly attacked drug called deflazacort, a steroid, from I also know that Marathon has prom- needed EPA regulations, and he sup- other countries. Even though it is not ised to increase spending on research ports polluters at the expense of the a cure, it at least helps treat symptoms on a new drug and to help people of environment and health laws. He and has been a welcome relief to many limited means afford that treatment. doesn’t believe the scientifically prov- families. That, too, is all to the good. en causes of climate change are real.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.024 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1241 Less than a year ago, then-Oklahoma Well, I have serious concerns about spawning grounds—are dependent on attorney general Scott Pruitt, working how Mr. Pruitt’s past lawsuits will in- our doing the right thing to protect in their State, wrote: ‘‘Scientists con- fluence his aggressive attitude as EPA what is really our stewardship of this tinue to disagree about the degree and Administrator in not fighting for the planet that we are on only for a very extent of global warming and its con- things that are going to protect the short period of time. I hope my col- nection to the actions of mankind.’’ jobs and economy in Washington State leagues will consider all of this and op- That was written in the Tulsa World. that count so much on a pristine envi- pose this nominee. When questioned by my colleagues ronment. Mr. President, I yield the floor. during the hearing process, he said: A letter was sent by 773 former EPA The PRESIDING OFFICER. The Sen- ‘‘The climate is changing, and human employees who served under Demo- ator from Florida. activity contributes to that in some cratic and Republican administrations, Mr. NELSON. Mr. President, I want manner’’ but the degree of that con- stating: ‘‘Mr. Pruitt’s record and public to speak about this nomination from tribution is ‘‘subject to more debate.’’ statements strongly suggest that he the standpoint of our State, our State The reason I raised these issues is does not share the vision or agree with of Florida, because we are famous for that this issue of climate and climate the underlying principles of our envi- sugar-white beaches, fertile fishing impact is so real in the State of Wash- ronmental statutes.’’ grounds, and unique environmental ington. It is already happening, and it His record does not give me the con- treasures, such as the Florida Ever- is already affecting our industries. fidence that he is the right person to glades. These precious natural re- As EPA Administrator, Mr. Pruitt lead this Agency at this point in time. sources need our protection and our would have the responsibility for set- But there are other issues. During his stewardship. In fact, Florida’s multibil- ting the Agency’s agenda, including time as Oklahoma attorney general, lion-dollar tourism industry is driven how to respond to climate change, yet Scott Pruitt planned the Summit on by the fact that people come to our the fact that he doesn’t support the ex- Federalism and the Future of Fossil State to enjoy these kinds of environ- isting climate change science puts him Fuels. This summit brought together mental treasures. in a role where I think he would not energy industry executives with attor- I have just come from a meeting with protect the economic interests of our neys general to strategize against EPA, the American Hotel & Lodging Associa- State. and they specifically discussed EPA’s tion. With multibillions of dollars of We cannot have a lackadaisical atti- overreach, as they put it, regarding a investments all over Florida, what hap- tude about these issues. It is not a hy- very important issue called the Pebble pens if the guests don’t come? That is pothesis. It is here. It is happening. a major investment that is lost. In the Pacific Northwest, it is alter- Mine. The Pebble Mine is an attempt by And, oh, by the way, a few years ago ing our region’s water cycle, putting some who want to actually establish a during the BP oil spill—when the oil Washington’s farming jobs and our $51 gold mine in the very place of one of got only as far east from Louisiana as billion agriculture economy at risk. the most successful salmon habitats in Pensacola Beach, and some oil was in Wildfire seasons are longer and more Choctawhatchee Bay and Destin and severe than ever before. It is costing the entire world: Bristol Bay, AK. The EPA followed the letter of the some tar balls were as far east as Pan- our Nation billions of dollars. Warmer water temperatures in our law in their multiyear, science-based ama City Beach, but not any further— streams and rivers have degraded salm- assessment of Bristol Bay. They basi- the visitors didn’t come because they on spawning habitat, led to massive cally made sure that everybody under- thought the beaches were covered with die-offs, and certainly our shellfish in- stood what was at risk: that Pebble oil. dustry has been very challenged. Mine would destroy up to 94 miles of Well, right now Florida’s unique en- With 25 percent of carbon dioxide salmon spawning streams; it would vironment is threatened by several en- emissions being absorbed by our devastate anywhere from 1,300 to 5,350 vironmental challenges, from the oceans, it is raising the acidity level, acres of wetlands; and it would create threat of fracking in this honeycomb of and that is impacting the chemistry of 10 billion tons of toxic mine waste, limestone filled with freshwater that Puget Sound. Oceans and their absorp- which is nearly enough to bury Seattle. supports the peninsula of Florida to tion of carbon dioxide emissions and And all of this would occur in the head- algal blooms that have plagued much these acidic conditions are making it waters of the greatest salmon fishery of Florida’s Treasure Coast this last hard for our shellfish industry to do on Earth, where half of the sockeye year, to the red tide in the Tampa Bay the type of seeding that needs to take salmon on the planet spawn. area, and to Burmese pythons in the place. It is severely impacting the Pa- So the notion that this is how this Everglades. And that is just a little cific Northwest’s $278 million shellfish nominee would spend his time—as I bitty partialness of the plagues. To industry. Ocean acidification has been said, the mine itself is a direct threat deal with these challenges, States such found to dissolve the shells of impor- to the $1.5 billion salmon industry in as ours depend on the EPA as a back- tant prey species, and the ocean acidi- Bristol Bay. That is 14,000 jobs just in stop. fication effects then carry up the food the Pacific Northwest. The importance I am here to express my concerns chain, if they are not addressed. of making sure that the mine is not lo- about the President’s pick to lead this If we have an EPA Administrator cated there is of the utmost impor- agency. It has been well documented who isn’t going to work to cut down on tance, I say, to the salmon fisheries of that the President’s pick is a friend of carbon emissions and thinks that it is the entire Pacific Northwest. the oil industry. There is nothing only part of the impact, aren’t there a I want to make sure we are putting wrong with that. But this is an indus- lot of Northwest jobs at stake? For ex- someone in place who is going to fight try that has invested hundreds of thou- ample, our maritime economy alone is for the laws that are on the books and sands of dollars in political contribu- worth $30 billion, so I would say there to show leadership, not spend time try- tions to Mr. Pruitt and the PACs sup- is a lot at stake. ing to undermine the Agency, the orga- porting him over the years. In looking at the record of Oklahoma nization, and its existing authority. Ever since I was a young Congress- attorney general Scott Pruitt, he If Scott Pruitt allowed Bristol Bay to man, I have been fighting to keep oil fought EPA regulations that protect go forward, it would be devastating to rigs off the coast of Florida. In the first public health, including the cross-state our State. It would be voting in favor place, there is not a lot of oil out there, air pollution rule, the regional haze of these polluters instead of making but Florida’s unique environment— rule, the clean air standards for oil and sure that we are protecting science and from what I just told you about, the BP gas production sites, and the clean environmental law. oil spill—its tourism-driven economy, water rule. I have very serious concerns, and and, oh, by the way, the largest testing Despite this issue of repeatedly suing that is why I am opposing this nomi- and training area for the U.S. military the EPA, he recently told Congress: ‘‘I nee. I hope my colleagues on the other in the world, the Gulf of Mexico off of do not expect any previous lawsuits to side of the aisle will realize that these Florida, as well as all of the testing adversely affect my performance as economies—the ones that depend on ranges on the east coast, and how EPA Administrator.’’ clean air and clean water, safe salmon about the rockets coming out of the

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.026 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1242 CONGRESSIONAL RECORD — SENATE February 16, 2017 Cape Canaveral Air Force Station and Integrity Act would ensure that Fed- specifically talked with the President the rockets coming out of the Kennedy eral scientists can communicate their about the need to get the Export-Im- Space Center—because of all of those, findings with the public. It requires port Bank up and running. I also you can’t have oil rigs down there. For Federal agencies to implement and en- talked to him about the Export-Import all of those reasons, it makes Florida force scientific integrity policies and Bank in December and talked about incompatible with offshore oil drilling. ensure that procedures are in place so the importance of enabling this insti- An EPA Administrator with such close that if those policies are violated, it is tution to function for the American ties to the oil industry is deeply con- known and there is a procedure to deal manufacturing worker. The great news cerning for the people of Florida. with that. is that President Trump agrees, and he But Mr. Pruitt’s ties to Big Oil aren’t I conclude by stating that Floridians informed me that we can in fact say he the only concern that we have in Flor- and the State of Florida cannot risk supports the Ex-Im Bank and that he ida. During his confirmation hearing, the health of our environment or our would be nominating someone soon to Mr. Pruitt said that he believes that economy on an EPA Administrator serve on the Export-Import Bank. his views on climate change are ‘‘im- who pals around with folks that do all That led off a rash of discussion material’’ to the job of the EPA Ad- of what I am talking about—they ques- among the usual naysayers with the ministrator. tion our scientists, denying the true Ex-Im Bank, mostly driven by ideology Whoa, the EPA Administrator is di- threat we face from sea level rise and and not fact. So I think it is important rectly involved in things that involve climate change. Floridians can’t afford to come once again to reiterate the im- climate change. I can’t think of a more such a risk, and they shouldn’t be portance of the Ex-Im Bank. I certainly appreciate the President’s relevant issue for our EPA Adminis- forced to take this risk. Therefore, I interest in making American workers a trator to be concerned with because will vote no on Mr. Pruitt’s nomina- priority. He will be at Boeing in South Florida is ground zero when it comes to tion to be EPA Administrator. Carolina on Friday. I don’t know if he the effects of sea level rise. Mr. President, I yield the remainder will make any announcement about These are not projections, not fore- of my postcloture debate time to Sen- nominating someone to the Ex-Im casts. These are measurements over ator CARPER. Bank. I hope he does. the last 40 years in South Florida. The The PRESIDING OFFICER. The Sen- There has been a lot of talk about ator has that right. sea has risen 5 to 8 inches. supporting the economy and boosting By the way, where is three-quarters Mr. NELSON. I yield the floor. American manufacturing jobs, but all of the population of Florida? It is along The PRESIDING OFFICER. The Sen- that talk falls on deaf ears if we don’t the coast. We are already seeing reg- ator from North Dakota. take action on the simple issues when ular flooding at the mean high tide in Ms. HEITKAMP. Mr. President, I join my colleagues today to recognize that we can accomplish those goals, and the streets of Miami Beach, and they that simple issue is enabling the Ex- are spending millions on infrastructure the environment is critically impor- tant. One of the true issues States face port-Import Bank to function. For dec- in order to get those pumps working to ades the Export-Import Bank has lev- get the water off the streets and rais- is getting back to the promises of the Clean Air Act and Clean Water Act to eled the playing field for American ing the level of the streets. workers and businesses. Yet heavy pol- We are seeing the saltwater, which is make sure States enjoy primacy, and I think that is a critical component that itics is enabling one Senator to put po- heavier than freshwater, seep into the litical ideology before the jobs and is not being discussed today as we look ground where there is a honeycomb of well-being of thousands of American at guaranteed clean water and clean limestone filled with freshwater, and workers across our country. the seawater is seeping into the fresh- air—making sure that those closest to We worked very, very hard in 2015. water. So cities are having to move those issues have the ability to have We knew that we were going to be chal- their city well fields further to the the input that was anticipated by al- lenged to get the Ex-Im Bank reauthor- west because of the saltwater intru- most every environmental statute. So I ized. In June of 2015, the Export-Import sion, and it only gets worse. would remind my colleagues that when Bank expired and did not have a char- The threat Floridians face every day we focus many times on Federal issues ter. It was not authorized for the first is a result of this sea level rise that is and Federal appointments, one of the time in its more than 80-year history. I very real. It is critical that we have an most important things that we can do fought very hard to reauthorize it, as EPA Administrator that understands is focus on the fact that these Federal did a number of my colleagues. Finally, that there are things that are hap- agency heads need to work coopera- in December 2016, 6 months later, the pening because of climate change. It is tively with State organizations. Bank was given a charter, given an au- not immaterial to the job of the EPA Scott Pruitt, who is a soon-to-be thorization. I want to point out some- Administrator; it is very relevant. former attorney general, understands thing because I think way too often we There is Mr. Pruitt’s history of ques- the State role, and I think that is a think what stops this endeavor is par- tioning science, especially when the critical qualification and an important tisan politics. Guess what. Over 70 per- facts conflict with his friends, whom he distinction to make. cent of the House of Representatives surrounds himself with, about the ef- EX-IM BANK voted for the Ex-Im Bank and over 60 fects of science. So whether it is pro- But I didn’t come to talk about the percent of the Senate voted for the Ex- tecting Florida’s livestock from deadly appointment of Scott Pruitt. I came to Im Bank. This is not a partisan issue. parasites or protecting the air we talk about something we could all There is bipartisan support. Yet there breathe, science informs policy deci- agree on, and in fact the President and is a narrow group of people who would sions that affect all of us—clean water, I agree on this, and I think everyone rather put ideology ahead of American clean air. It affects public health, na- agrees on this almost unanimously, jobs. It is wrong on so many levels. tional security, and the environment. which is that American jobs matter. Despite the fact, unfortunately, that Yet we continue to see troubling re- Putting Americans back to work in we finally authorized the Ex-Im Bank ports about scientists being muzzled manufacturing is one of the most crit- over a year ago with overwhelming from the State level all the way up to ical things that we can do in the Sen- support, we do not have a Bank that the Federal level in the EPA. So it just ate, making sure that our people have can authorize any credits over $10 mil- seems that this is unacceptable. Our an opportunity to succeed, participate, lion. That is because it requires a scientists should be free to publish sci- and have an opportunity to produce quorum of Bank board members to entific data and not be muzzled. They goods and services that can be exported make that decision. We only have two should be able to publish their reports and can grow the wealth of our country out of the five members of the board. without fear of losing their jobs or and grow the economy of our country. That means that we don’t have a being censored for using phrases like Last week I joined President Trump quorum. So what has been happening is ‘‘climate change.’’ in a small bipartisan lunch. We had a that there is $30 billion—think about That is why I recently sponsored leg- chance to talk about a variety of that, $30 billion—of American exports islation to protect our scientists from issues. There are very many issues that waiting in the queue, waiting for ap- political interference. The Scientific divide us, but this issue unites us. I proval, hoping desperately to get the

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.027 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1243 Ex-Im Bank up and running so those Thank you to the President for friendly on job creation. So we will get exports can receive the credit they agreeing to help us move the Ex-Im this nomination finished tomorrow and need and receive the guarantees that Bank forward. Thank you to all of my we will have a good Administrator, but those exports need and get people back colleagues—64 in the last Congress— regrettably it will not be on a very bi- to work. who stood with us to get the Ex-Im partisan basis. Do you know what else has been hap- Bank reauthorized and the over 70 per- This is the Scott Pruitt whom I have pening since we haven’t had a quorum cent of the House of Representatives, had a chance to learn about since he on the Bank? Thousands of American on a stand-alone vote, who voted for was nominated in January. jobs have been transported to places the Ex-Im Bank, who know how criti- The Scott Pruitt I have had a chance like France and Canada. We are losing cally important this is. We can get this to learn about took on the polluters as thousands of jobs. job done, and we can stop the migra- attorney general for his State of Okla- When I hear people say the Ex-Im tion of these jobs to other countries. homa and finalized multistate agree- Bank is the bank of Boeing or the bank I look forward to hearing more this ments to limit pollution, and he did so of GE, trust me, I do not bleed for the week and hopefully early next week working with Democrats and working executives of Boeing. I do not bleed for from the President. As a member of the with Republicans on a bipartisan basis the executives of GE. They will do fine. Banking Committee, I look forward to across the political spectrum. I think In fact, they know how to get around pushing for a hearing and a vote on we need that sort of person as EPA Ad- this problem. They just move those this nominee. And I look forward to ministrator. Scott Pruitt negotiated a manufacturing jobs to a country that the day that all of these exporters and water rights settlement with the tribes will recognize the exports and will pro- these American workers can see that to preserve scenic lakes and rivers, and vide that export credit. That is what is this institution can work for them, and I think he is to be congratulated on happening. But guess what is hap- that will be the day that those credits that, not scolded. He stood up to oil pening to the American worker and are approved at the Ex-Im Bank. companies and gas companies as attor- families across these manufacturing fa- Thank you so much, Mr. President. ney general for the State of Oklahoma cilities? They are getting pink slips. I yield the floor. and challenged them when they were Why? Because this body refuses to give The PRESIDING OFFICER. The Sen- polluting his State’s air and water. us a quorum on the Ex-Im Bank. ator from Mississippi. Then—something I applaud—when the The President understands this. The Mr. WICKER. Mr. President, what is EPA overstepped its bounds and its President understands how important the pending business? mission and ceased to follow the law, it is to get these American workers The PRESIDING OFFICER. The Sen- he challenged the EPA. I submit to my back together. Now I want you just to ate is postcloture on the Pruitt nomi- colleagues that that is exactly the sort think about what $30 billion of exports nation. of balance we need to return to as Ad- is worth to American employment. If Mr. WICKER. Mr. President, I rise in ministrator of the EPA. we use the numbers that extrapolate, it support of the nomination of Scott In the hearing, which was rather ex- is hard to know, but it is over 170,000 Pruitt. traordinary because of its length, At- jobs. Think about the fact that 170,000 Ms. HEITKAMP. Mr. President, will torney General Pruitt demonstrated jobs are waiting in the wings for us to my friend from Mississippi yield the his knowledge, he demonstrated his in- do the right thing. When we move for- floor for one moment? tellect, and he demonstrated his pa- ward with the Ex-Im Bank, I think we Mr. WICKER. I am delighted to yield. tience. He was available all day long— will have a good day—a good bipartisan Ms. HEITKAMP. I thank the Senator an extraordinarily long hearing—an- day when the President of the United from Mississippi. swered more than 200 questions pro- States joins with those of us who care Mr. President, I yield the remainder pounded at the hearing, and then be- about workers and manufacturing in of my postcloture debate time to Sen- yond that he has now answered more this country—and we will get the Ex- ator CARPER. than 1,000 questions for the record. Yet, Im Bank up and running. I think if we The PRESIDING OFFICER. The Sen- in spite of this, it is disappointing that fail to do it and if we fail to send the ator has that right. some of my colleagues, some of my signals that help is coming and that The Senator from Mississippi. friends on the other side of the aisle, the Ex-Im Bank is going to be an effec- Mr. WICKER. Mr. President, I am de- have taken not only to disparaging his tive institution that will once again lighted to rise this afternoon in sup- qualifications and his suitability for play a role in American manufacturing port of Scott Pruitt, nominated for this position but also engaged in a and will be in that tool chest of trade EPA Administrator, and to congratu- slow-walking process designed to keep opportunities—if we don’t do it—then late the leadership of this Senate and this nomination from even coming for- they are going to give up all hope, and the administration for persevering on ward. they are going to find some other place this nomination to the point where we Every Democrat boycotted the com- to manufacture the products that will will get a vote tomorrow afternoon and mittee meeting that was called to re- allow them to access the credit, that I think be able to end the week on a port this nomination to the floor so will allow them to sell their products positive note. that we could even have an up-or-down overseas. So it is critically important. My good friend, the Senator from vote. They walked out of the meeting. I want to leave with one statistic. North Dakota, had just called for a This is the sort of tactic we were able The Peterson Institute recently esti- good bipartisan day on the Senate to overcome on a parliamentary basis, mated that the United States is losing floor, and I support many of the re- but it has given us what we now know $50 million in exports for every day marks she made in that regard. I would is the slowest confirmation process in that a nomination is not confirmed— hope we could begin having some good 225 years. The only President to have a $50 million of new wealth creation for bipartisan days with regard to the ad- slower confirmation process was the our country. It is a travesty. ministration’s nominations for these one who was getting it all kicked off to Of all of the things I have seen here— important positions. start with; George Washington’s was a the callous things—that sound so bu- Sadly, it looks as though we will not bit slower. We will see. Maybe if this reaucratic when you talk about the Ex- have a bipartisan vote for Scott Pruitt. keeps going, we could surpass the slow- Im Bank, when you pick up the curtain He will be confirmed but not nearly ness of the confirmation process that and you look underneath, what we see with the vote he should receive from occurred for our first President. are American jobs and American fami- Members on both sides of the aisle who We need a change at EPA. The Amer- lies and American opportunity and new know that there has been extreme ican people are ready for a change at wealth creation for our country and overreach on the part of the EPA lead- EPA. We need an EPA Administrator economic growth for our country. And ership under the Obama administra- who will listen to the environmental- because some institution that could tion. The EPA needs a change in direc- ists but also listen to the job creators. give you a black mark in a political tion, and they need to become more This means listening to the election campaign says ‘‘We don’t like it,’’ it sensible with regard to stopping pollu- but moving past the election and get- doesn’t get done. Shame on us. tion, while at the same time being ting on to filling the positions that are

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.029 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1244 CONGRESSIONAL RECORD — SENATE February 16, 2017 important to Americans, such as the Why might emails be germane? Well, January 18. We had the hearing on Jan- EPA Administrator. they are germane because many of the uary 18, and some of the specific ques- Most Americans believe we can pro- emails were with industries that have tions were answered, some not, but we tect the environment and still protect differences with the EPA and in some submitted as a committee some 1,000 job creators, and so does Attorney Gen- cases are involved in lawsuits, a num- additional questions for the record. eral Scott Pruitt. Most Americans be- ber of which were sponsored by or That is a lot of questions. I suggested lieve we can have clean air and water joined in by Attorney General Pruitt. to the committee chairman he give the without destroying thousands upon Two years after the request to see nominee a reasonable amount of time thousands of jobs for Americans. That those emails was submitted to the at- to respond to those questions. The is what I believe. That is what Scott torney general’s office, they had not chairman, in the interest of moving Pruitt believes. seen one of them. A lawsuit was filed things along, I think, gave the nominee I would quote from a recent op-ed in earlier this month asking the court—I 2 days, which is, in my view, not nearly the Wall Street Journal which William think it is called the district court of enough. McGurn wrote in support of Mr. Pruitt Oklahoma, a State court—asking to If we go back several years ago, the but also generally in support of other see the emails and asking that the last EPA Administrator was a woman nominations. With regard to Pruitt, court intervene so that the Center for named Gina McCarthy. She was asked Mr. McGurn says this: ‘‘The fierce op- Media and Democracy would have ac- a number of questions. She was actu- position to Mr. Pruitt speaks to the cess to the emails. ally asked more questions, I think 1,400 progressive fear that he might help re- The Democrats on the Environment questions, which is several hundred store not only science to its rightful and Public Works Committee wrote to more than Scott Pruitt but a lot of place but also federalism.’’ I think that the judge, and we shared our voice be- questions. She did not have enough is what Scott Pruitt is going to be cause we have been making the same time to answer the questions, and a lit- about when he is confirmed tomorrow request of the attorney general’s of- tle extra time, maybe a week or so, was and finally gets down to working for fice—of the attorney general—as part granted. She answered the questions, us, the taxpayers, as Administrator of of the nominations process. He has de- as I understand, fully, completely, and EPA. clined to provide the emails to the directly. I will read some of the ques- This is about the 1-month mark in Congress, the Senate, and we have let tions we asked of Scott Pruitt later this administration, and we are slowly the judge know that we appreciate her today, later tonight, with examples of getting past this unprecedented slow- attention to this matter and hope she the kind of answers he provided. Some walk effort by our colleagues. I cer- might even expedite it. Well, an expe- were reasonably complete, but too tainly hope that with the 1,100 other dited hearing is called for this after- many were evasive, indirect, or just appointments that have to be sub- noon on the sharing of these emails nonresponsive. Maybe that is because mitted and have to be spoken to by that have been blocked, stonewalled, the chairman only gave him a couple this Senate, we can hasten the process for 2 years. days to respond. That is not the way so we can pass legislation and be about What we did as Democrats on the En- we ought to be about the business. the business our constituents sent us vironment and Public Works Com- Mr. President, I yield the floor. here to do. mittee is I met with the majority lead- The PRESIDING OFFICER (Mr. Approving Attorney General Scott er, and nine of us wrote to the majority PERDUE. The Senator from New Hamp- Pruitt will allow us to move forward leader, and we said: With all due re- shire. with the people’s business with a man spect, we suggest to give the judge Mrs. SHAHEEN. Mr. President, I who has demonstrated courtesy, intel- time to make a decision, and if the came to the floor today to oppose the ligence, patience, and professionalism, judge says the emails should be opened nomination of Scott Pruitt to serve as and I will be honored to be one of those up, allow us to have until a week from Administrator of the Environmental voting yes tomorrow when we confirm this coming Monday to look at the Protection Agency. I thank my col- this outstanding candidate as EPA Ad- emails to see if there is anything inap- league from Delaware, whom I had the ministrator. propriate or untoward that could be re- honor to serve with when we were both I thank the Chair. vealed. Governors, for his good work to point I yield the floor. That request to the majority leader— out why Scott Pruitt is the wrong per- I suggest the absence of a quorum. he was very nice about it, but he basi- son to head the Environmental Protec- The PRESIDING OFFICER. The cally said: We are not going to do that. tion Agency. clerk will call the roll. I renewed the request here yesterday The EPA was created by a Repub- The legislative clerk proceeded to on the floor, and he said: No, we are lican President in 1970, Richard Nixon. call the roll. not going to do that. I remember very clearly when he did Mr. CARPER. Mr. President, I ask I am generally one who thinks it is that. Across subsequent decades, sup- unanimous consent that the order for very important for us to communicate, port for this Agency and for its impor- the quorum call be rescinded. collaborate, cooperate around here, as I tant mission has been a strongly bipar- The PRESIDING OFFICER. Without think most of my colleagues would at- tisan endeavor. Our Nation has bene- objection, it is so ordered. test, but in this case, I don’t think we fited from the service of dedicated, Mr. CARPER. Mr. President, I would made an unreasonable request of the highly effective EPA Administrators like to follow up on something our nominee. And I think to block access from both parties, but I am deeply con- friend from Mississippi was just saying. to these emails—even when petitioned cerned that Scott Pruitt is a radical I want to make it clear that I am not under the Oklahoma FOIA law, backed break from this bipartisan tradition. really interested in obstructing. I am up by our support—for nothing to hap- After reviewing Mr. Pruitt’s environ- not interested at all in obstructing. pen is just wrong. That is just wrong. mental record, I have to ask: Why was What I am interested in is getting to So hopefully when the judge has this he nominated for this critically impor- the truth about this nominee and oth- hearing later this afternoon—actually, tant position? He rejects the core mis- ers. in 2 hours—we will find out a bit more sions of the Environmental Protection Two years ago, an organization as to whether the AG’s office is going Agency at every turn. He has sued the called the Center for Media and Democ- to be asked to turn these emails over EPA to block protections for clean air racy petitioned, under the Oklahoma and make them public with that infor- and clean water; he is an outspoken cli- open records law—it is a FOIA-like law mation. I hope the answer will be yes. mate change denier; he seeks to dis- at the State level—they asked for ac- We will see. mantle the EPA’s Clean Power Plan, cess to thousands of emails that were I asked Mr. Pruitt 52 questions on which was put in place to address cli- sent from or to the attorney general’s December 28 and asked they be re- mate change; and he opposes other ef- office under Scott Pruitt. That was 2 sponded to by January 9. January 9 forts to slow the warming of this plan- years ago. They have repeatedly re- came and went, and we were told et. Time and again, he has put private newed that request over time, and it maybe we would get the responses at interests and their profits ahead of has not been granted. the hearing we were going to have on public interests and public health.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.031 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1245 As attorney general of Oklahoma, he Climate modeling by the Union of dangerous to sensitive populations has sided with oil and gas companies, Concerned Scientists projects that by with asthma, allergies, and chronic res- and he has failed to protect the people the end of this century, New Hamp- piratory conditions. In fact, New of his State from some of the worst im- shire summers will feel like present- Hampshire has one of the highest rates pacts of hydraulic fracturing. He has day summers in North Carolina, 700 of childhood asthma in the country be- taken hundreds of thousands of dollars miles to our south. We have a map that cause we are the tailpipe. All of New in campaign contributions from fossil shows what is going to happen to our England is the tailpipe for the rest of fuel industries, and he zealously advo- red maples and the maple sugaring in- the country. Pollution blows across cated for their freedom to pollute our dustry. We can see everything here this country from the Midwest and air and water. that is in red, these are all those sugar exits through New Hampshire and New So again I ask: Why was Scott Pruitt maples. It is projected that by 2070 or England. nominated to serve as Administrator of 2100, they are gone. They are gone from Rising temperatures facilitate the the Environmental Protection Agency? New England, from the Northeast, and spread of insect-borne illnesses such as Well, I think it is clear Mr. Pruitt was from most of the Eastern part of this Lyme disease. We could see on that nominated not to lead the EPA forward country. If we fail to act on climate moose what the impact is. Those ticks but to prevent it from carrying out its change, this could mean a steep loss of aren’t just multiplying on the moose, mission. Make no mistake, Mr. Pruitt jobs. It could mean a loss of revenue. It they are multiplying in a way that af- and his extreme agenda are a threat to will destroy our maple sugaring indus- fects people as well. the environment, to the planet, and to try and will damage our outdoor recre- Fortunately, because we have seen our public health. ation industry. the impact of climate change, New Christine Todd Whitman, a former Maple sugar production is entirely Hampshire and the other New England Republican Governor of New Jersey dependent on weather conditions, and States are taking the lead in reducing and whom I also had the honor of serv- changes—no matter how modest—can carbon emissions and transitioning to ing with when I was Governor—Senator throw off production and endanger this a more energy-efficient, clean energy CARPER, Christie Whitman, and I all industry. Maple trees require warm economy. We are one of nine North- served as Governors together. She also days and freezing nights to create the eastern States participating in the Re- was EPA Administrator during George optimal sugar content in sap produc- gional Greenhouse Gas Initiative called W. Bush’s administration. What she RGGI. It is essentially a cap-and-trade said about Pruitt I think is worth lis- tion. The changing climate is putting system in the Northeast. New Hamp- tening to. This is a Republican talking more and more stress on sugar maples. shire has already reduced its power sec- about Scott Pruitt: ‘‘I don’t recall ever As this map shows so well, it is already tor carbon pollution by 49 percent since having seen an appointment of some- significantly affecting syrup produc- 2008. That is a 49-percent reduction in one who is so disdainful of the agency tion. If we fail to act on climate less than a decade. Thanks to efforts and the science behind what the agency change, this could destroy our maple by State and local communities, New does.’’ syrup industry. If you haven’t done People in the State of New Hamp- maple sugaring in the springtime, Hampshire is on track to meet the shire have no doubt about the reality there is nothing like maple syrup over Clean Power Plan’s carbon reduction of climate change. In the Granite State snow. There is nothing else like it. To goals 10 years early. In addition, we are we see it. We experience it all the time. lose that and to lose the jobs that are using proceeds from emissions permits The steady increase in yearly tempera- there is a real change to one of the rec- sold at RGGI auctions to finance clean tures and the rise in annual precipita- reational activities we love in New energy and energy efficiency invest- tion are already affecting New Hamp- Hampshire. ments. shire’s tourism and our outdoor recre- Climate change is also threatening Unfortunately, Scott Pruitt seems to ation economy, which accounts for our wildlife species and their habitats. believe that reducing pollution and in- more than $4 billion a year and em- The moose is an iconic feature of New vesting in a clean environment are ploys over 50,000 people. Each year, Hampshire’s culture and identity, but somehow bad for the economy. He is hundreds of thousands of sportsmen as the results of climate change, we just wrong about that. Our efforts in and wildlife watchers come to New have seen a 40-percent decline in New New Hampshire and across New Eng- Hampshire to enjoy our beautiful Hampshire’s moose population. We can land to fight climate change and pro- mountains, our lakes, our other nat- see clearly from these pictures why we mote clean energy have been a major ural resources, and our 18 miles of are losing our moose: Because of milder boost to economic growth. We have coastline, which we are very proud of. winters, ticks don’t die off. It is really seen jobs added as a result. During its As I said, hunting, fishing, and outdoor very tragic. The ticks multiply on a first 3 years, RGGI produced $1.6 billion recreation contribute more than $4 bil- moose, they ravage it, and they even- in net economic value and created lion to New Hampshire’s economy each tually kill it. I don’t know if people more than 16,000 jobs in our region. Na- year, but much of this is now threat- can see, but what look like little balls tionwide, employment in the fossil fuel ened by the warming of our planet. Ris- on the end of that moose’s tail are sector is falling dramatically, but job ing temperatures are shortening our ticks. This moose probably has brain creation in the clean energy and en- fall foliage season, they are negatively worm, which is another problem the ergy efficiency sectors is exploding. affecting our snow- and ice-related moose have because of winters that According to the U.S. Department of winter recreation activities, including aren’t cold enough to kill off those Energy, more than 2 million jobs have skiing, snowboarding, and parasites. Ticks multiply on a moose, been created in the energy efficiency snowmobiling. An estimated 17,000 they ravage it, and they eventually kill sector alone and—if we can ever get Granite Staters are directly employed it. Congress to move the energy efficiency by the ski industry in New Hampshire, We have seen modeling from the Uni- legislation Senator PORTMAN and I and the New Hampshire Department of versity of New Hampshire which sug- have introduced—would create, by 2030, Environmental Services warns that gests that by 2030, moose will be gone— another 200,000 jobs, just on energy effi- those jobs are threatened by climate not only from northern New Hampshire ciency. Across New England, we are change. but from much of the northern part of demonstrating that smart energy Likewise, New Hampshire’s and in- this country. choices can benefit the environment deed all of New England’s brilliant fall Other newly invasive insects are and strengthen job creation and the foliage is at risk. I wish to quote from harming wildlife species as well as economy overall. a report by New Hampshire Citizens for trees. Of course, people are also suf- So, again, we have to ask: Why does Responsible Energy Solutions. They fering from the impacts of climate Scott Pruitt deny the science of cli- say: ‘‘Current modeling forecasts pre- change. Rising temperatures increase mate change? Why has he urged States dict that maple sugar trees eventually the number of air pollution action to refuse to comply with the Clean will be completely eliminated as a re- days. They increase pollen and mold Power Plan? Why has he filed lawsuit gionally important species in the levels, outdoors as well as allergen lev- after lawsuit to block enforcement of northeastern United States.’’ els inside, and all of these things are the Clean Air Act? Why does he deny

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.033 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1246 CONGRESSIONAL RECORD — SENATE February 16, 2017 something as nearly universally recog- regard for the safety and protection of all for our natural resources and families nized as the dangers of mercury pollu- Americans cannot go unchecked. and businesses in every corner of my tion? Let me emphasize that I have heard State. Recognizing that fact, members The bottom line, I believe, is that from many Republican constituents of both parties have come together in Scott Pruitt is first and foremost a who oppose Scott Pruitt’s confirma- New Hampshire to enact commonsense fierce defender of the oil and gas indus- tion. My Republican friends point with bipartisan solutions to take on climate try. If scientists point to carbon emis- pride to the fact that the EPA was cre- change and to grow and maintain our sions as the main cause of climate ated by a Republican President. After State’s renewable clean energy sector. change, then he has to deny that all, what could be more conservative We have worked to protect our land, science. If science and common sense than conserving our environment and our air and water, and the health of our point to hydraulic fracking as the preserving a livable Earth for future citizens. cause of thousands of earthquakes in generations? For nearly half a century, Unfortunately, it is clear from Mr. the State of Oklahoma, then he must protecting the environment has been a Pruitt’s opposition to the Agency he deny that too. If the EPA’s mission is bipartisan priority and endeavor. That will be tasked to lead, his record of to protect clean air and clean water is especially true in the State of New working to weaken critical environ- from pollution caused by fossil fuels, Hampshire, where folks understand mental protections that our citizens then he has to sue the EPA and try to that clean air and water and fighting need to thrive, and his unwillingness to cripple it. climate change are not and should not fight climate change, that he is unfit Scott Pruitt’s nomination is not be partisan issues. We all have a pro- to serve in this position. about shaking things up in Wash- found stake in protecting the environ- The mission of the Environmental ington. It is about turning over control ment. Protection Agency begins with pro- of the EPA to the fossil fuel industry Unfortunately, with the nomination tecting our environment and the and turning back the clock on half a of Scott Pruitt to head the EPA, the health of all of our citizens. The EPA century of bipartisan efforts—in Demo- Trump administration is willing to does critical work to protect the water cratic and Republican administrations shatter this bipartisan tradition and we drink and the air we breathe. alike—to protect clean air and clean consensus, and we must not allow this In recent years, the EPA has used water and to pass on to our children a to happen. I appeal to all of my col- sound scientific evidence to take livable environment and an Earth that leagues but especially to all of those on strong measures to protect our envi- they can inhabit from future genera- the other side of the aisle: Don’t allow ronment. Unfortunately, President tions. this nominee to destroy your party’s Trump has made clear that he does not My office has been flooded with calls, hard-earned, commonsense efforts to support this critical Agency. Through- emails, and letters from Granite protect clean air, clean water, and a out his campaign, the President has re- Staters. They not only oppose Mr. Pru- sustainable Earth. peatedly attacked the EPA, calling for itt’s nomination, they are genuinely I urge us to come together—Senators its elimination and saying that our en- afraid of the consequences of putting on both sides of the aisle—to reject vironment would be ‘‘just fine’’ with- him in charge of the EPA. this effort to undo nearly five decades out it. The President has doubled down I heard from Deb Smith from Hamp- of bipartisan efforts to protect our en- on his hostility toward this Agency by ton, NH. That is a small community on vironment and our planet. nominating Mr. Pruitt to serve as its our coastline. She wrote: The stakes are incredibly high for all Administrator. I am a birder, love to walk on the beach of us. By rejecting this unsuitable As attorney general, Mr. Pruitt has and in the mountains, and rely on time spent nominee, we can reconsider our ap- been a vocal critic of the very Agency in nature to cope with a [stage four] lung proach to the EPA. We can embrace he has now been nominated to lead, cancer diagnosis. Clean air is especially im- this Nation’s bipartisan commitment and he has been involved in over 20 portant to me! Pruitt’s long history of suing the EPA and reversing decades of progress in to protecting the environment for fu- legal actions against it. improving the environment disqualifies him ture generations. This is what the According to the Washington Post, for this post. It is essential to continue to great majority of Americans want us Mr. Pruitt has ‘‘spent much of his en- preserve and improve our natural environ- to do. Let’s listen to their voices, and ergy as attorney general fighting the ment for people, birds, and other wildlife! let’s say no to this nominee, Scott Pru- very agency he is being nominated to Elizabeth Garlo of Concord writes: itt, who is not only not qualified for lead.’’ New Hampshire, due to quirks in its geol- this position, he is not committed to On social media, Mr. Pruitt has re- ogy and the Earth’s rotation, is the ‘‘tail- the EPA and its mission. ferred to himself as ‘‘a leading advo- pipe’’ of the Nation with much of the air pol- Mr. President, at this time I yield 30 cate against the EPA’s activist agen- lutants from the Midwest exiting to the minutes of my postcloture debate time da.’’ He has questioned the role of the ocean from here. The people of New Hamp- to Senator SCHUMER. Agency, stating that ‘‘the EPA was shire cannot sit back and watch our children The PRESIDING OFFICER. The Sen- never intended to be our Nation’s suffer from asthma and be restricted from ator has that right. frontline environmental regulator.’’ outside activities due to ‘‘bad air quality days.’’ Mr. Pruitt will be a very significant The Senator from New Hampshire. When asked by one of my colleagues detriment to the quality of life in New Ms. HASSAN. Mr. President, I rise if there were any clean air or clean Hampshire. today, honored to speak after my col- water EPA regulations in place today Eugene Harrington of Nashua writes: league from New Hampshire and join- that he could support, Mr. Pruitt de- I am AGAINST the appointment of Scott ing my other colleagues in opposing clined to name a single one. Pruitt to head the EPA. He does not seem to the nomination of Oklahoma attorney The foundation of a future where all support the purpose of the EPA. Now I hear general Scott Pruitt to serve as the Americans have an opportunity to that even scientific papers are being re- Administrator of the Environmental thrive starts with a healthy environ- viewed to be sure they support the current Protection Agency. ment and healthy families. The EPA administration’s view of ‘‘facts.’’ Please do Our beautiful natural resources de- serves an important role in protecting what you can to support a functioning EPA. fine my home State of New Hampshire. the health of our people. We must do Christopher Morgan of Amherst, NH, From the White Mountains to the Sea- better than having an Administrator writes: coast, to our pristine lakes and our for- who has fought so tirelessly to under- This is my first message I have ever sent ests, our natural resources are critical mine the work that this Agency does. to my senator in my 32 years as a voting to our economy, our environment, our I am also concerned by an EPA Ad- American. . . . As a registered Republican way of life, and protecting these re- ministrator who has consistently . . . I am vehemently opposed to Mr. Pruitt sources plays a critical role, as well, in voiced skepticism about the clear facts leading the EPA. He has consistently shown on climate change. Throughout my he does not believe in the threat posed by protecting public health. climate change. Climate change affects However, we are already beginning to time in office, I have always fought to every citizen in this country and has a detri- see the real impacts of climate change protect our environment and have been mental effect on the New Hampshire climate in New Hampshire, and these impacts a strong supporter of curbing the im- specifically. President Trump’s willful dis- threaten to have major consequences pacts of climate change. As a State

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.035 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1247 senator, I sponsored legislation that al- search incorporates science and engineering lic health of millions of Americans at lowed New Hampshire to join the Re- that meet the highest standards for integ- risk. gional Greenhouse Gas Initiative, and I rity, peer review, transparency, and ethics. Scott Pruitt questions the science of helped pass the State’s renewable port- Mr. Pruitt disagrees with well-estab- climate change. Scott Pruitt has ac- folio standard to maintain and grow lished climate science. Simply put, cused the EPA of overestimating air New Hampshire’s clean renewable en- that disqualifies him from leading an pollution from drilling of natural gas ergy sector. agency where ‘‘science provides the wells in Oklahoma. Scott Pruitt has During my time as Governor, I foundation for . . . policies, actions, argued against President Obama’s worked with members of both parties and decisions.’’ If you refuse to believe Clean Power Plan, which the EPA is to strengthen and build on those ef- research from the world’s leading sci- supposed to implement. Scott Pruitt forts, signing legislation to update the entists, you cannot lead a science- has sued to block the EPA from re- renewable portfolio standard and to based agency. stricting mercury, a toxin that causes maximize the benefits of the Regional From protecting our environment to brain damage in children in the United Greenhouse Gas Initiative. protecting public health, the EPA States. I am proud that my State has long plays a critical role in protecting the The only thing that Scott Pruitt is led efforts to cut carbon emissions, and health of Granite Staters and all Amer- certain of is that he wants to represent it is crucial that other States follow icans. We know that a cleaner environ- the interests of the fossil fuel industry. our lead and take responsibility for the ment plays a key role in the economy, He wants to change the environmental pollution that they cause. That is ex- for the economy of New Hampshire and watchdog into a polluter lapdog. And actly why I am a strong supporter of our entire country. We should be build- today we are drawing a line out here on measures like the Clean Power Plan. ing on the critical efforts the EPA has the Senate floor because it is critical I also strongly support the Paris taken to combat climate change and that the American people understand agreement on climate change and be- protect public health, not rolling them the moral implications for the water lieve that the United States must take back. Americans drink, for the air they action to implement the agreement Mr. Pruitt’s hostility to the basic breathe, for the mercury that could go while also ensuring that our inter- functions of the Environmental Protec- into the blood systems of children in national partners fulfill their obliga- tion Agency and his work to undermine our country, for the amount of smog tions. protections for clean air, land, and that is allowed to be sent into the air, Mr. Pruitt, however, has been a con- water make clear that he should not the amount of haze that is created sistent skeptic on the role of climate serve in this role. across our country, and why the nomi- change and the role that it has had on I will vote against Mr. Pruitt’s nomi- nation of Scott Pruitt leads inevitably, our environment. nation, and I urge my colleagues to do inexplicably toward more pollution, Mr. Pruitt has stated that we do not the same. more unhealthy air, and more know the extent of human impact on I yield the floor. unhealthy water going into the sys- climate change and has called climate The PRESIDING OFFICER. The Sen- tems of our families across our coun- change a natural occurrence. He has ator from Massachusetts. try. said that climate change is ‘‘one of the Mr. MARKEY. Mr. President, I rise That really goes to what the moral major policy debates of our time.’’ in opposition to the nomination of duty is of the Senate, the moral duty And he continued: Scott Pruitt as the Administrator of we have to ordinary families across the That debate is far from settled. Scientists the Environmental Protection Agency. country. Do Americans really think continue to disagree about the degree and When Democrats on the Environment the air we are breathing is too clean? extent of global warming and its connection and Public Works Committee asked Do people really believe the water we to the actions of mankind. Scott Pruitt for critical information on drink is too clean? Do people really Scientists are clear in their under- his environmental record as attorney want to water down those standards? standing of the climate change science. general of Oklahoma, Scott Pruitt said Do they want to reduce the safeguards The American Association for the Ad- no to the Environment and Public we have put in place? vancement of Science says the sci- Works Committee. One hundred years ago, life expect- entific evidence is clear: Global cli- When Democrats on the Environment ancy in the United States was about 48 mate change caused by human activi- and Public Works Committee asked our years of age. In other words, we had ties is occurring now, and it is a grow- fellow Republicans to delay Mr. Pru- gone from the Garden of Eden all the ing threat to society. itt’s vote until he got that important way to about 100 years ago, and we had The American Geophysical Union information, the Republican leadership increased life expectancy to about 48 says that humanity is the major influ- here said: No, we won’t wait for that years of age—not much progress. Now, ence on the global climate change ob- critical information so that all Sen- it was always good for the Methuselah served over the past 50 years. ators and the American people can un- family. The wealthy always did pretty The American Meteorological Soci- derstand who is being nominated. well. They could protect themselves ety says it is clear from extensive sci- When I asked Scott Pruitt if he from the things that would affect ordi- entific evidence that the dominant would recuse himself from all issues re- nary families, poorer families, from the cause of the rapid change in climate of lating to the cases that he has brought Bible to 100 years ago. But then what the past half a century is human-in- against the EPA as Oklahoma attorney happened? All of a sudden there was an duced increases in the amount of at- general, Scott Pruitt said no to me. awakening in our country that we had mospheric greenhouse gases. Today we are here to respond to to make sure the sewage systems in The Intergovernmental Panel on Cli- these very serious issues that are being our country were not going to be able mate Change says that warming of the raised about his ability to be an impar- to pollute families across our society. climate system is unequivocal and tial Administrator of the EPA because Then step by step, beginning with sew- human influence on the climate system the question before the American peo- age and water, we in our Nation came is clear. ple and the Senate is whether Scott to understand that we had to remove The EPA is a science-based organiza- Pruitt should be the Administrator of the majority of pollutants that were tion, and it is unacceptable for the the Environmental Protection Agency, out there that were damaging the lives EPA Administrator to be at odds with and that answer is no. of ordinary Americans. That was a the well-established views of leading The EPA is our cop on the beat, pro- change that transformed not just the scientists. As the Agency’s own website tecting the American people and our United States but, over time, the whole says: environment from harmful pollution, rest of the world. hazardous waste, and the impacts of Now, 100 years later, life expectancy EPA is one of the world’s leading environ- mental and human health research organiza- climate change. But as attorney gen- goes out to age 80. In other words, we tions. Science provides the foundation for eral of Oklahoma, Scott Pruitt has have added 32 years of bonus life to the Agency policies, actions, and decisions made tried to undermine the clean water rule average American over the last 100 on behalf of the American people. Our re- and the Clean Air Act, putting the pub- years. And what did it? Well, it is no

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.036 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1248 CONGRESSIONAL RECORD — SENATE February 16, 2017 secret formula; it is just that we certain any actions really have to be not heroin; it is fentanyl, and it is this looked around and we saw the things taken in order to deal with that issue. synthetic form of heroin that is far we had to put in place in order to pro- Well, we have a Pope who actually more powerful. tect families, and we took a moral re- taught high school chemistry and who At least in their minds, they think sponsibility to make sure that those delivered a science and morality lesson that it is also more effective at making industries, especially those that were to the Congress. He told us that science people addicted because it is less ex- not providing protections, were forced is certain, and he told us that our pensive and the trafficking of it is to provide protections for those ordi- moral obligation is unavoidable. more aggressive. So this is a big con- nary people. If we had a nominee for the Environ- cern because we were finally, I Here we are now considering Scott mental Protection Agency who em- thought, making some progress on the Pruitt as the new Administrator of the braced that science and morality, I prescription drugs and the heroin, and Environmental Protection Agency. would be voting for him, but that is not now this fentanyl, Carfentanil, and Here is what Mr. Pruitt has done as the who Scott Pruitt is. He is ignoring the U4—it goes by various names depend- attorney general of Oklahoma: He has impact the fossil fuel industry is hav- ing on the chemical compounds—are sued the national Environmental Pro- ing, and he is unwilling to commit to coming into our communities. tection Agency for the State of Okla- taking steps that can reduce that dan- It is truly scary. The consequences homa 19 times, and the issues on which ger for our planet and for the most vul- are, I hope, obvious to everybody now. he has sued are almost a litany of the nerable on the planet. We are losing one American every 12 things that go right to the heart of the So I stand in opposition to his nomi- minutes. This speech will be about 12 protections the American people want nation, as I will be standing out here minutes. We will lose another Amer- for their families. all day and into the night. I don’t ican to an overdose. But it is getting There are still eight cases that he think that we are going to have a more worse, not better. By the way, it is ev- brought pending before the EPA. important discussion than the direc- erywhere. Last year, in 2016, every sin- I said to Scott Pruitt in the con- tion of the health of our planet and the gle State in the Union had at least one firmation hearing: Attorney General health of the children in our country. I forensic lab test positive for fentanyl. Pruitt, will you recuse yourself from According to the Centers for Disease think it is something that the Amer- consideration of any of those eight Control and Prevention, the number of ican people have to hear all day and pending cases during the time you are positive forensic tests for fentanyl in through the night. Administrator of the EPA if you are the United States doubled, in fact, With that, I see the arrival of the confirmed? And Mr. Pruitt said no. from 2014 to 2015. We believe it is Well, as I said to him in the hearing, if Senator from Ohio. I know that he has worse. We know it is worse than 2016 you do not recuse yourself, Mr. Pruitt, time to speak on the Senate floor. So I from the information we have. Unfor- that turns you into the plaintiff, the yield back my time so that my good tunately, even this year, this month defendant, the judge, and the jury for friend Senator PORTMAN can be recog- and a half, we have seen more and more all of those cases, and that is just an nized. evidence of fentanyl coming into our unconscionable conflict of interest. As The PRESIDING OFFICER. The Sen- communities. a result, he would never be seen as an ator from Ohio. According to the China Commission’s impartial Administrator at the EPA as Mr. PORTMAN. Mr. President, I report, the top destination for Chinese he moved forward trying to repeal or thank my colleague from Massachu- fentanyl, by the way, is my home State weaken environmental protections setts for yielding his time. of Ohio. We had more positive tests for through regulations that he originally OPIOID EPIDEMIC fentanyl than any other State. By the sought to accomplish through litiga- Mr. President, I rise today to talk way, Massachusetts—to my colleague tion. about this issue of opioids—heroin, pre- who has been involved in this issue and We all know that across our country, scription drugs, now fentanyl—coming worked on this issue and helped to try overwhelmingly, the American people into our communities. It is at epidemic to stop the overprescribing of prescrip- want—in the highest possible polling levels. We have worked on this issue tion drugs—was No. 2. numbers, Democrat and Republican, over the last year in a bipartisan way We are talking about 3,800 positive liberal and conservative—they want and have made some progress. But I tests for fentanyl in Ohio alone. I do the EPA to protect clean air, clean come today to the floor to report bad believe this is something that is being water, public health. They don’t want news and also to report something that confirmed at the local level, not just children unnecessarily being exposed Congress could do to help to address a from my meeting on Monday but from to pollutants in the atmosphere that new problem. what I am hearing from around the can cause asthma. Those numbers are There was a report recently that State. Just 2 days after the Commis- going up. The goal in America is to see came out by the U.S.-China Economic sion’s report came out, in Butler Coun- the numbers go down, but that will not and Security Review Commission— ty, OH, police seized $180,000 in be the agenda Scott Pruitt brings to very disturbing. It said that there is a fentanyl-laced heroin after suspected the EPA if he is, in fact, confirmed. new influx of what is called fentanyl fentanyl overdoses killed five people in This question of his fitness for this coming in from China. This is a syn- just 2 days. job also goes to the question of climate thetic form of heroin. It can be up to 50 Drug overdoses in Butler County, by change. The science of climate change times more powerful than heroin. the way, have nearly tripled since 2012. is now well established. Think about that. When I was in Dayton, I met with the Pope Francis came to the Capitol a The report says: Dayton R.A.N.G.E., which is a law en- year and a half ago to deliver his ser- forcement task force—the Regional mon on the hill to us, and what Pope The majority of fentanyl products found in the United States originate in China. Chi- Agencies Narcotics and Gun Enforce- Francis said to us is very simple: No. 1, nese law enforcement officials have strug- ment Task Force. They told me that that the planet is dangerously warming gled to adequately regulate the thousands of this is now their biggest problem. and that it is something which is being chemical and pharmaceutical facilities oper- They said, because it is stronger, caused by human activity largely and ating legally and illegally in the country, there are more overdoses and more that those who are going to be most leading to increased production and export of deaths than there are with a similar adversely affected are the poorest and illicit chemicals and drugs. Chinese chemical amount of heroin or the number of peo- most vulnerable in our society. As the exporters covertly ship these drugs to the ple using heroin. They said that just Pope said, we have a moral responsi- Western Hemisphere. over a 2-week period, they had seized bility to do something about it as the So that comes from an official report more than 40 pounds of drugs off the most powerful country in the world from this Commission on the United streets, including 6 pounds of fentanyl and, along with China, the leading pol- States and China. It is confirmed, un- last week. Now, 6 pounds of fentanyl, luter in the world. This is Pope Francis fortunately, back home. I was home as I do the math, is at least 20,000 talking to us about climate change. this week meeting with law enforce- doses—20,000 doses in 1 town in Ohio. What does Scott Pruitt say about cli- ment on Monday. They told me: Rob, I want to thank Montgomery County mate science? He says he is not quite the top issue in our community is now Sheriff Plummer, the task force, and

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.038 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1249 all of our law enforcement for their Again, it takes many, many doses of So again, going back to this China hard work to get this poison off the Narcan, also called naloxone, to be able Commission report, they say most of street. But they need our help. They to save these lives. In Darke County, these synthetic drugs are being made need some additional tools. They told which, again, is north of Dayton, Res- in labs in China and being shipped to me about a 14-year-old girl who had cue Chief Brian Phillips said: the Western Hemisphere—to our coun- tried fentanyl for the first time. She With the introduction of new illegally try, to our communities. had never tried, apparently, any other made synthetic opiates [like] fentanyl and How is it coming in? People are sur- drug. She snorted it. The people she Carfentanil, heroin users are overdosing at a prised to learn that it is coming in was with had snorted drugs before, but more rapid rate. These derivatives are much through the mail system. These deadly more potent and deadlier. The majority of poisons are coming in through the mail she had not, which is one reason she our overdoses are not breathing, and in some not only overdosed but she died imme- cases are in complete cardiac arrest. We are system. diately. At 14 years old, her promising also finding ourselves using more Narcan to So unlike heroin, which primarily life was cut short. resuscitate these patients. goes over land, primarily from Mexico, It was in the Dayton suburb of Enon, So this is the word from those who these drugs are actually coming in a little more than a week ago, that a 5- are in the trenches dealing with this from Asia, from China and India, year-old boy was seen running down every day. It is not good news. In just through the mail system. Unlike the the streets yelling: ‘‘Mom and dad are the first week of February, by the way, private mail carriers, such as UPS or dead. Mom and dad are dead.’’ in his department in Darke County, FedEx, our mail system does not re- A driver saw the boy and called the OH, they had 12 overdose calls—in the quire that people say where the pack- police. They went to his house and first week of February. This is a town age is coming from, what is in it, or found his parents. They weren’t dead, of 13,000 people. where it is going. I think people are fortunately, but they were uncon- So it is clear that these drugs are kind of surprised to hear that too. scious. Mom was on the kitchen floor. getting on the street, and they are That, of course, makes it is easier for Dad was on the living room floor. His stronger, more addictive, and more the traffickers and much harder for our skin had already turned blue, which is dangerous. Heroin is already addictive law enforcement to be able to deal with a sign of someone who overdoses and is enough and relatively inexpensive com- this problem. They cannot scan these close to death. pared to prescription drugs, which is packages that are suspect for drugs The first responders heroically saved why many people move from prescrip- like fentanyl or other smuggled prod- both of them using Narcan—naloxone— tion drugs to heroin. Probably four out ucts because there are just too many this miracle drug that reverses the ef- of five heroin addicts in Ohio started packages—millions of packages. But if fects of an overdose. By the way, it with prescription drugs, according to they had that information, if that was took six doses of naloxone to revive the the experts. required on every package—electroni- boy’s father—a good sign, according to But now it is being laced, this more cally, in advance, digitally; this data, law enforcement, that this was not her- powerful synthetic drug. The Ohio Bu- where it is coming from, what is in it, oin but that it was heroin laced with reau of Criminal Investigation tested where it is going—our law enforcement fentanyl, something far stronger than 34 cases of fentanyl in 2010. In 2015, officials tell us they would have a bet- the normal heroin—six doses. they tested 1,100—a thirtyfold increase. ter shot at being able to stop this poi- We saw a 37-percent increase in drug Last year that number doubled again son and being able to identify those overdose deaths last year in Dayton, to 2,400 cases. Again, they have already packages. OH, with victims as old as 87 and as tested for a record breaking number I applaud my colleagues because with young as 2 years old. Drug overdose this year in the last month and a half. the Cures Act last year—it passed at deaths in Dayton are now on pace this According to the Ohio Substance the end of last year—we provided much year to be even more dramatic—54 Abuse Monitoring Network, you can more funding to our communities, to deaths already in the last month and a buy small doses of heroin and fentanyl our States. Half a billion—$500 mil- half, which is more than any month for as little as $5 to $10 now in South- lion—is going out to our States to be and a half last year. Some 235 people west Ohio. A lot parents and family able to deal with the issue of drug have had their lives saved with members of those struggling with ad- treatment and recovery services. It is naloxone. The Dayton Fire Depart- diction worried about this, and it is very important. ment’s call volume went up 17 percent very easy to see why. As the coroner in That $500 million, by the way, is this compared to last January already. Butler County said: year and next year. That is really im- So, again, it is not getting better. It Buying heroin today is like playing Rus- portant to fight the epidemic. I also, of is getting worse. sian roulette . . . people don’t know what’s course, applaud my colleagues with re- It is not just Dayton. It is not just in the product they’re going to use, and it gard to the legislation called CARA, cities. This addiction knows no ZIP may not be the same [from] one use to the next. the Comprehensive Addiction and Re- code. In suburbs, rural areas, and the covery Act. This provides us with not The coroner in my home town of Cin- inner city—it is everywhere, and, by just more funding but better practices cinnati, Lakshmi Sammarco, put it the way, in all demographics. In Me- with regard to prevention, education, like this. You buy heroin, and ‘‘you dina County, OH, in Northeast Ohio, treatment and recovery, and providing may be gambling with your life’’ be- their overdoses doubled from 2015 to the police with Narcan training and cause it is more dangerous than ever. 2016. In Darke County, OH, north of providing more Narcan resources to Dayton, a rural county, they are on We have to get that message out there. We have not done a good job of our first responders, whom we talked pace to quadruple last year’s number of about. drug overdoses already this year. communicating this basic message that you are gambling with your life. So again, in the last year, Congress So why are these increases hap- has taken some important steps for- pening? One of the reasons is because Dr. Richard Marsh, Clark County coroner, says: ward. I commend the House and Senate of the increasing potency of these for that. By the way, it was bipartisan drugs on the street, particularly, We’re seeing a lot more fentanyl than her- oin now. It started about the middle of 2015 from the start. I think that is begin- again, this move from heroin to syn- . . . there are all kinds of labs producing it ning to make a difference. I wish the thetic heroin that is more powerful. now and a lot of people think they’re buying programs in the Comprehensive Addic- Dayton paramedic David Gerstner heroin when in fact they’re getting fentanyl, tion and Recovery Act could be imple- puts it this way: which is fifty times as powerful. mented more quickly. I don’t want to say our overdose rate has How powerful is that? Let me give Unfortunately, there are still five increased dramatically—because that you an example. According to the DEA, more CARA grant programs that have doesn’t even come close to covering it . . . or the Drug Enforcement Administra- yet to be implemented. Many of us The potency of the drugs has increased to the point that instead of patients needing 2 tion, it takes only 2 milligrams of pushed the last administration. Now milligrams of naloxone or 4 milligrams of fentanyl, about the same as a pinch of we are pushing this administration to naloxone or Narcan, we have had patients salt—think about that—to kill you. move quickly on that because this cri- who need 20 milligrams or more. That is how powerful it is. sis is out there in our communities

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.040 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1250 CONGRESSIONAL RECORD — SENATE February 16, 2017 now. We need the help. But we are get- thetic heroin that is continuing to tear have clean air and clean water because ting that in place, and that is impor- our families apart, devastate our com- these natural resources are so impor- tant. munities, and ruin lives. tant to our economy, our health, and But we now need to build on those ef- This is about ensuring that young our quality of life. forts because of this synthetic heroin people, like the young people who are I share that commitment. I have con- that is coming in. An obvious step to with us today, the pages on the floor, sistently voted for strong environ- me would be to simply say that the have the opportunity to pursue their mental policies that seek to limit pol- Postal Service has to require what the dream, whatever it is. This is about en- lution, promote renewable energy, and private carriers require so these traf- suring that we are stepping up as a mitigate the effects of climate change. fickers are not favoring the Postal Congress to deal with a global problem. The EPA oversees the Federal Gov- Service and so we can begin to stop It is coming in from overseas. It is an ernment’s role in protecting our health some of these dangerous synthetic international problem. Certainly this and environment. It needs a leader who drugs from coming into our commu- is one where the Congress ought to act fundamentally believes in its core mis- nities, but also so that we can give law to ensure that our U.S. Postal Service sion. Scott Pruitt has a record of work- enforcement a tool to be able to target does the right thing to help law en- ing against the Agency’s goals to pro- this and so that, at a minimum, we can forcement be able to better protect our tect Americans from pollution. That is increase the cost of this poison coming communities. the goal of the Agency. He does not be- into our communities. It seems com- I yield the floor. lieve or respect the scientific findings mon sense to me. Mr. President, I suggest the absence regarding climate change, and his close Last week, Senators KLOBUCHAR, of a quorum. ties to the oil and gas industry are a HASSAN, RUBIO, and I introduced legis- The PRESIDING OFFICER (Mr. CAS- serious concern. lation called the Synthetic Trafficking SIDY). The clerk will call the roll. These kinds of beliefs and views and Overdose Prevention Act, or STOP The bill clerk proceeded to call the should be of concern to everyone in Act, to simply close the loophole and roll. this Chamber. As Oklahoma’s attorney general, Mr. require the Postal Service to obtain ad- Mr. REED. Mr. President, I ask unan- Pruitt sued the EPA multiple times vance electronic data on packages be- imous consent that the order for the seeking to eliminate pollution regula- fore they cross our borders. We just in- quorum call be rescinded. tions. He has a record of not only chal- troduced it 2 days ago. It simply closes The PRESIDING OFFICER. Without lenging the legal, scientific, and tech- the loophole and requires the Postal objection, it is so ordered. nical foundations of EPA rules, but he Service to obtain advanced electronic Mr. REED. Mr. President, I rise in has also questioned the EPA’s author- data along the lines I talked about: strong opposition to the nomination of Scott Pruitt to be the Administrator of ity to issue them. where it is from, what is in it, where it Mr. Pruitt filed as the plaintiff in is going. the Environmental Protection Agency. President Trump has made it clear these lawsuits, many of which are still In the House, by the way, there is pending. If confirmed as the EPA Ad- companion legislation, which makes it that he wants to savage environmental protections, and his administration has ministrator, he would be switching easier to get this done because the sides to become the defendant in these already started down this path of re- House also understands this problem. lawsuits. And yet, he has refused to versing some of our hard-fought My colleague, Congressman PAT TIBERI recuse himself from any of these or re- progress to ensure we have a clean en- from Ohio, is one of the people who are lated cases. He has also failed to pro- vironment: clean water and fresh air. focused on this issue. He is one of the vide records of his communications By nominating Mr. Pruitt, President cosponsors. The other cosponsor is with fossil fuel companies during the Trump has chosen someone equally from Massachusetts, RICHIE NEAL. years he served as attorney general. Their companion legislation will make hostile to the very notion of defending It is abundantly clear that he cannot it easier for us to get this job done. our environment and our Nation’s be impartial. This bill is totally bipartisan—in health. This lack of transparency regarding fact, I would call it nonpartisan. It is Respected voices on both sides of the Mr. Pruitt’s connections to the oil and based on expert testimony we had be- aisle have expressed similar alarm over gas industry raises serious questions fore our Homeland Security Com- Mr. Pruitt’s nomination. President about what influence these conflicts mittee, where we heard directly from George W. Bush’s former EPA Adminis- will have on his ability to enforce regu- law enforcement. It is a simple change trator, Christine Todd Whitman, who lations that protect everyday Ameri- that would make it much easier for led the Agency from 2001 to 2003, stated cans from pollution generated by fossil them to detect these packages, particu- in reference to Mr. Pruitt: ‘‘I don’t re- fuel use. larly those from these Chinese labs call ever having seen an appointment The EPA Administrator must be that the China Commission report of someone who is so disdainful of the someone who will uphold and enforce talked about. Agency and the science behind what Federal environmental laws impar- It is not a silver bullet. No one has the Agency does.’’ tially and honorably, with Americans’ that silver bullet. But our bill will take This is a sentiment I have heard from health in mind. away a key tool of drug traffickers and over a thousand Rhode Islanders—envi- One issue in particular that comes to help restrict the supply of these drugs, ronmentalists, researchers, conserva- mind is one I have worked on for dec- this poison in our community, making tionists, community leaders, parents, ades across multiple Federal agencies— their price higher and making it harder concerned citizens—who agree that Mr. lead poisoning prevention. I have long to get. Pruitt is a troubling choice for this advocated for better Federal policies With the threat of synthetic heroin role. They have contacted my office to and more funding to protect children growing worse and worse every day, express how distressed they are that from lead hazards. While the Depart- there is an urgency to this, so today I someone with Mr. Pruitt’s record and ment of Housing and Urban Develop- urge my colleagues to join us in this background could be chosen to lead the ment and the Centers for Disease Con- legislation. Cosponsor it. Let’s get this EPA. trol and Prevention do much of this through the committees. Last week I hosted a roundtable to work, the EPA plays an important role The Finance Committee will be tak- hear these concerns directly from my as well. ing up this legislation. I am on that constituents. These Rhode Islanders I think we saw that very clearly over committee. I hope we move very quick- shared their worries about the state of the last year with the situation in ly to mark it up, get it to the floor, our changing environment, anxiousness Flint, MI. pass the legislation here in the Senate, about Mr. Pruitt’s nomination, and I was deeply concerned that when combine it with the legislation that is concerns over what they have seen so asked about lead poisoning among chil- working through the House, get it to far, and fear is coming with respect to dren during his confirmation hearing, the President’s desk for signature, and the Trump administration’s approach Mr. Pruitt told the committee that he, begin to provide some relief to our to our environment. Nevertheless, they in his own words, ‘‘really wasn’t famil- communities from this influx of syn- remain committed to ensuring that we iar with the basic science surrounding

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.041 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1251 the health effects of lead poisoning.’’ nomination to my colleague, Senator fectively protect human health or the For the sake of his education on this SHELDON WHITEHOUSE from Rhode Is- environment. issue—and to make all my colleagues land. This is about more than just the en- who might not be aware of the im- The PRESIDING OFFICER. Without vironment. A report by the Congres- pact—lead poisoning in children can objection, it is so ordered. sional Budget Office last year found cause serious and irreversible develop- The Senator from Washington. that climate change is a serious threat mental and health problems. Mrs. MURRAY. Mr. President, I come to our economic stability. As the oc- We need an EPA Administrator who to the floor today to urge my col- currence of national disasters con- is familiar with and committed to pro- leagues to vote no on the nomination tinues to rise, the cost of disaster as- tecting the health of our children from of Scott Pruitt to lead the Environ- sistance and rebuilding rises too. these and other kinds of environmental mental Protection Agency, a nomina- If we want to be responsible about health hazards. Unfortunately, I do not tion that marks yet another broken tackling our fiscal challenges—which I believe Mr. Pruitt is qualified to do so. promise from the new President to put would think the President and Mr. Pru- During his confirmation hearing, Mr. the needs of American families first itt would agree on—we need to take Pruitt also displayed a lack of under- over the wishes of big corporations and the impacts of climate change seri- standing of the role human activity special interests. And just like we have ously. At a time when we are already plays in climate change, as well as a seen with Betsy DeVos at the Depart- seeing the very real effects of climate disregard for the scientists who have ment of Education or Steve Mnuchin at change in my home State, from longer, spent their lives studying and carefully Treasury, we have yet another Trump more devastating wildfire seasons to observing our Earth’s changing cli- nominee whose record demonstrates a ocean acidification and rising sea lev- mate. direct conflict with the mission of the els, it is more important than ever. Our next EPA Administrator should agency they wish to lead. On the EPA’s This brings me to how Mr. Pruitt’s understand the threat of climate website, that mission is pretty clear— confirmation would be devastating for change and base the Agency’s policies ‘‘to protect human health and the envi- my home State of Washington. on scientific data and findings without ronment’’—and EPA achieves that by As someone who personally spends a ideological influence. Many people enforcing regulations based on laws great deal of time fishing and hiking in across the Nation were distressed and passed by Congress. So I will be voting my home State of Washington, I am deeply concerned by the removal of cli- no on this nomination. committed to conservation and preser- mate change reports from the EPA’s I want to make two points on why vation efforts so generations to come website shortly after President Trump Mr. Pruitt heading up the EPA would can appreciate the high quality of life took office. I share that concern, and I be wrong for our country and why it we enjoy and experience the splendor of am disturbed that the EPA has re- would be wrong for the families I rep- America’s natural spaces, one of the cently put a hold on issuing new grants resent in Washington State. It starts most important being the restoration and instituted a gag order on all com- with his record and clear conflicts of and recovery of salmon runs and habi- munications. interest. tat throughout the Pacific Northwest, This is alarming. The halting of Fed- During Mr. Pruitt’s term as the at- which is a vital part of our Northwest eral funds means that our investments torney general for Oklahoma, he filed economy and its heritage. in our water infrastructure, remedi- no less than 19 cases to overturn envi- I am deeply concerned about whether ation of our watersheds, and support ronmental regulations, including one this support would continue under an for numerous others environmental ini- to topple the EPA’s Clean Power Plan. EPA Administrator like Mr. Pruitt. I tiatives so vital to our local commu- These regulations specifically seek to have similar concerns about the Han- nities and States will be affected, and protect public health by reducing ford cleanup, a critical part of our this will seriously harm environmental harmful air and water pollution and State’s history that EPA plays a very protection efforts. In Rhode Island, are projected to save tens of thousands important role in to protect the health these cuts could have devastating ef- of lives each year. and safety of our Tri-Cities commu- fects, such as hindering the State’s As if it wasn’t bad enough that Mr. nity, Columbia River, and Washington ability to provide clean air and clean Pruitt spent so much time filing law- State. drinking water for all residents. suits in court and fighting policies de- I will fight against any EPA nominee We need an EPA Administrator who signed to protect the health of the en- or an Administrator who will not join is committed to safeguarding clean vironment as well as people, it is pret- us in the fight for a better future for water and clean air and who is experi- ty shocking that at the same time, he generations to come. I sincerely hope enced in environmental protection. was collecting millions of dollars from the President and Mr. Pruitt truly un- This role demands someone who is pre- the very industries he will regulate if derstand the enormous responsibility pared to preserve and defend our envi- he is confirmed. This is no small con- of the Environmental Protection Agen- ronment from harm, who can make de- flict of interest between his former and cy, not only in protecting our environ- cisions based on scientific evidence, potentially future position, and that he ment for future generations but for the and whose financial ties will not im- was still nominated to be EPA Admin- families we represent who rely on clean pact his decisions when it comes to istrator is mind-blowing to me. air and clean water right now. protecting the American public from I echo the sentiments of so many who For the sake of our children and pollution. have expressed serious concerns about grandchildren, we need to act now to Scott Pruitt is not the EPA Adminis- Mr. Pruitt’s conflict of interest, that avoid lasting, irreversible damage to trator we need. The nature of the law- his ties to the fossil fuel industry make our health, our environment, our econ- suits he filed attempting to dismantle him more indebted to backing policies omy, and our country’s future. I am EPA regulations that protect clean air that loosen environmental regulations, not confident in putting that future in and water—the very regulations he benefiting big oil and gas companies, Scott Pruitt’s hands. would be charged with enforcing—dem- rather than backing policies that pro- Thank you, Mr. President. onstrates that he is not committed to tect the American people. I yield the remainder of my defending our natural resources, our Mr. President, I want to voice an- postcloture debate time to Senator health, and our well-being. Mr. Pruitt, other concern my constituents have CARPER. in my estimate, is unsuited and un- shared with me. It is unnerving to The PRESIDING OFFICER. Senator qualified for this critical leadership po- think the President would choose a cli- CARPER can receive 21 minutes of that sition. mate change denier to set our national time. For these reasons, I cannot support environmental policy. I don’t see how Mrs. MURRAY. Additionally, I yield his nomination, and I urge my col- someone who has openly denied the ex- the remainder of my time beyond that, leagues to join me in voting no. istence of climate change—the dev- of my postcloture debate time, to Sen- Mr. President, I respectfully ask astating effects of which we are al- ator SCHUMER. unanimous consent that I be allowed to ready beginning to see in Washington The PRESIDING OFFICER. The Sen- yield the remainder of my time on this State and around the country—will ef- ator has that right.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.043 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1252 CONGRESSIONAL RECORD — SENATE February 16, 2017 Mrs. MURRAY. Thank you very the Commonwealth of Pennsylvania a sustained, coordinated commitment much. being trustees of the environment—es- from all of the States in the watershed. I yield the floor. pecially and ever more so if you are a I have repeatedly written to the U.S. The PRESIDING OFFICER. The Sen- part of State government, and I would Department of Agriculture for in- ator from Rhode Island. argue the Federal Government as well. creased funding and technical assist- Mr. REED. Mr. President, I ask unan- To say I feel an obligation is a major ance for farmers in Pennsylvania so imous consent to rescind my previous understatement. I think I am bound by Pennsylvania can continue to improve request and reclaim my time. that, and that enters into my deter- the health of the Susquehanna River The PRESIDING OFFICER. Without mination and analysis of Mr. Pruitt’s and the bay. objection, it is so ordered. record. Pennsylvania has made great strides Mr. REED. Thank you, Mr. Presi- We know in recent years the EPA, in addressing the issue of nutrient and dent. acting under the authority it is grant- sediment runoff into the Chesapeake I suggest the absence of a quorum. ed through laws like the Clean Air Act Bay, but there is more to be done, and The PRESIDING OFFICER. The and Clean Water Act, has developed a Pennsylvania is far from meeting its clerk will call the roll. number of important standards to ad- 2005 Chesapeake Bay pollution reduc- The bill clerk proceeded to call the vance these priorities—rules like the tion goals. roll. mercury and air toxics standards, the Ensuring that all States in the wa- Mr. CASEY. Mr. President, I ask cross-state air pollution rule, the ozone tershed are coordinated and meeting unanimous consent that the order for rule, the new source performance their commitments is exactly the type the quorum call be rescinded. standards for the oil and natural gas of role the EPA should be filling. Mr. The PRESIDING OFFICER. Without industry, the Clean Power Plan, which Pruitt called the EPA’s Chesapeake objection, it is so ordered. is meant to obviously focus our policy Bay TMDL standard ‘‘the culmination Mr. CASEY. Mr. President, I rise this on climate change, and other policies of the EPA’s decade-long attempt to afternoon to speak in opposition to the to reduce exposure to pollutants like control exactly how States achieve fed- nomination of the Oklahoma attorney methane, volatile organic compounds, eral water quality requirements under general, Scott Pruitt, to be the next mercury, and carbon pollution itself. the Clean Water Act, and marks the be- Administrator of the Environmental According to the American Lung As- ginning of the end of meaningful state Protection Agency which we all know sociation’s ‘‘State of the Air 2016’’ re- participation in water pollution regu- as the EPA. port, these rules reduce the likelihood lation.’’ My concern—I have a number of of premature death, asthma attacks, Well, I disagree. We don’t have time them, but the principal concern of Mr. lung cancer, and heart disease. I would to outline all the reasons, but I strong- Pruitt’s nomination is rooted in his hope that if you have a series of meas- ly disagree with that assessment of the record, which I believe is totally incon- ures in place that reduce the likelihood EPA’s actions with regard to the sistent with the mission of the EPA. of asthma attacks, lung cancer, heart Chesapeake Bay, but we do have a long That mission is to protect human disease, and premature death—I would way to go to make sure that we keep it health and the environment. We know hope we would not only advance those clean. So on clean water, I think we the EPA achieves this core goal policies but make sure they are not de- have to insist that neither the EPA Ad- through the development and enforce- stroyed, undermined, or compromised. ministrator nor anyone in Congress ment of standards to protect children It is just common sense to make sure does anything compromising when it and families from exposure to dan- we regulate pollutants like lead, mer- comes to clean water. gerous pollutants in our air and water. cury, arsenic, and acid gases, just by Climate change. This fall I had an op- Protection of human health means way of example. portunity to spend time in Pennsyl- ensuring that our children have clean Yet Mr. Pruitt, who is the attorney vania with Senator WHITEHOUSE of air and clean water, tackling climate general of Oklahoma, filed 14 lawsuits Rhode Island, one of the leaders in the change, which leads to the kind of food against the EPA to halt the regulation Senate on the issue of climate change. insecurity that causes malnutrition in of these pollutants that threaten our We did a tour, and one of the places we children throughout the world. children’s health. Mr. Pruitt has stood went was the John Heinz National I have to say that as a Pennsylva- up for the interests of oil and gas com- Wildlife Refuge. It is America’s first nian, I think I have an obligation to panies but has failed to defend, in my urban refuge named after one of my not only speak about these issues but judgment, the most vulnerable mem- predecessors, Senator Heinz, who trag- to fight on behalf of policies that will bers of our society, or at least not de- ically died in 1991, but his work on the advance the knowledge and mission of fend them to the extent that I would environment is remembered in places the EPA but will be consistent with hope he would, not only as attorney like this wildlife refuge. This is a pub- the directive I am obligated to follow general of Oklahoma but as the EPA lic space that allows us to enjoy wild- in my State’s constitution. In Pennsyl- Administrator were he to be confirmed. life, outdoor recreation, and environ- vania, if you go back to the founding of When asked during his confirmation mental education opportunities right Pennsylvania forward, we had many to name one clean air or clean water outside of a major city—in this case, generations, especially through the be- regulation he supported, he couldn’t Philadelphia. And this refuge also ginning of the Industrial Revolution, name one. plays a vital role in climate change re- throughout most of the 1800s and into I believe his record is clear. He siliency. the 1900s, until about the midcentury fought to dismantle the Clean Air Act, Marshes help to filter pollutants point, where we didn’t do a very good the Clean Water Act, anti-pollution from water and can absorb water dur- job of protecting our air and water and programs to target ozone and mercury ing heavy rain events, thus helping to human health because we let one or an- in the air, the agreement to clean up reduce the magnitude of flooding. How- other industry pretty much do what- the Chesapeake Bay—which I will get ever, the refuge is facing a number of ever they wanted until the modern era. to in a moment—and has even denied environmental stressors. Fortunately, since that time, Pennsyl- the science of climate change. Suffice Sea level rise could have serious con- vania has made a lot of progress. One it to say, I have a number of basic con- sequences for this fresh water marsh. of the measures of that progress and cerns about his record and what he Not only would rising sea levels lead to something I am bound by is a provision would do were he to be confirmed. the loss of undeveloped dry land and of the State’s constitution, article I, One example of the concerns I have habitat for wildlife, but increased sa- section 27, that says people shall ‘‘have involve the Chesapeake Bay with re- linity could change the plant makeup a right to clean air, pure water, and to gard to impact in Pennsylvania. Al- of this marsh at the wildlife refuge. the preservation of the natural, scenic, though Pennsylvania doesn’t border According to EPA, Pennsylvania’s historic, and esthetic values of the en- the Chesapeake, the Pennsylvania Sus- climate has warmed more than half a vironment.’’ quehanna River is the bay’s largest degree Fahrenheit in just the last cen- That constitutional provision goes on source of freshwater. Improving the tury. Sea level has also risen nearly 1 to talk about each of us as citizens of health of the Chesapeake Bay requires foot over the past century, according

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.045 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1253 to NOAA, measured by the tidal gauge WORKING TOGETHER fingers. Why? Because it is always easi- in Philadelphia. That means that sig- Mr. CORNYN. Mr. President, today is er to throw stones than it is to actu- nificant portions of the city of Phila- February 16, 2017. President Trump was ally accomplish something—roll up delphia could be underwater, including sworn in on January 20, 2017. your sleeves, focus on the task, and the Philadelphia International Airport, For the past several weeks now, we turn to legislating. if we fail to act. have come to the floor and talked Yes, it may be easier just to criticize We know that 2016 was the warmest about the slow pace at which the Sen- and to obstruct, but it is not the right year on record for a third year in a ate has considered and voted on the thing for the American people. Our col- row. Also, climate change is not some President’s nominees for his Cabinet. leagues across the aisle know that, but, distant possibility in Pennsylvania or Well, there is good reason for that be- as I said earlier, they are being unduly throughout the Nation; it is real, and cause one of our roles is to consider influenced by some of the radical ele- we are already feeling the effects of cli- and vote on advisers selected by the ments in their political base who will mate change. President, regardless of political party, not let them do it or who say that if I will close with one story from one and to help this new administration you do cooperate on a bipartisan basis mother who talks about air quality, or lead the country. and actually do your job, then we are the impact of bad air quality and the President Obama, to his credit, after going to recruit people to run against issue of climate change itself. Jac- the election, sat down with President- you in a primary. queline Smith-Spade, a mother from Elect Trump and said he was com- Well, that is part of the risk we all Philadelphia, recently wrote to me mitted to a peaceful transition of take. We didn’t come here to appease a about her 6-year-old son Jonas’s strug- power from his administration to the portion of our political base and ne- gle with asthma and the emotional and Trump administration. But, appar- glect our most basic duties as Members financial toll it takes on her family: ently, some of our colleagues didn’t get of the U.S. Senate. Again, I would the memo. We continue to slog along point to last Congress and the work we Every time there is an extreme or irreg- ular climate shift, I can pretty much predict at the slowest pace since George Wash- did together on a bipartisan basis, I that my son is going to end up in the emer- ington to vote on nominees to the might add, as evidence of what you can gency room due to the effect of air quality. President’s Cabinet. accomplish when you try to do that. The reason it has gone on so slowly is The 114th Congress, after the 2014 She goes on to say later in the letter: clear by now. It is because our friends election, saw a new majority, a new I routinely check the air quality to help across the aisle are still upset and have Republican leadership, and we did our predict what type of day my son and my not yet reconciled themselves with the best to help restore order to this Cham- family might have: With or without nebulizer? results of the election on November 8. ber and get it working again after The physical toll on Jonas also creates a They just kind of can’t get over it. Yes, years of dysfunction. Under the pre- financial burden on my family. The emer- they are being encouraged by the rad- vious regime, Members of both the ma- gency visits cost $100 each time we go; $30 ical elements of their party who don’t jority and minority parties were actu- copays for each specialist visit; $15 copays want us to fulfill our responsibilities, ally prevented from coming to the for each pediatrician visit. who don’t want a new President to floor and offering legislative ideas in She goes on to say: have the Cabinet that he needs in order the form of amendments and getting This is not cheap; however, my insurance to govern the country. Yes, there are votes on them, but that backfired when greatly helps to reduce the costs. some who want to halt our work in this some of our colleagues who were run- Chamber and perpetuate dysfunction. ning for reelection in 2014 realized that She worries, of course, about what They don’t want us to focus on legis- they had very little to show the voters might happen on healthcare, but I will lating because they want to keep us by way of accomplishment—even those not read all of those portions. tied up in the confirmation process. in the majority party, the Democratic She concludes this part of the letter I will just interject right here, as I Party, at that time. So one would have this way: have said before, that we know these thought that there would be some les- A reduction in air pollution and climate nominees will be confirmed because, sons learned there. change will make life for my 7-year-old son, thanks to the nuclear option under In the last Congress—in the 114th Jonas, much easier. His reactions to those Senator Reid, the previous Democratic Congress that began 2 years ago—we changes will be reduced. It will also save my voted on legislative ideas from both family countless dollars, stress, and panic leader, all it takes is 51 votes to con- attacks. firm a nominee to a Cabinet post. But sides of the aisle with more than 250 the fact is, the country needs a func- rollcall votes. That represented a sea So said one mom about her son tioning Senate. We need a functioning change from the previous administra- Jonas. executive branch. tion and the way Senator Reid ran What we must do, and especially So I hope our colleagues across the things. what Mr. Pruitt must do, were he to be aisle will understand soon that if they We were able to get the Senate func- confirmed, is to answer her questions— want to be effective—if they want to tioning as the Founders intended, and to answer her questions, Jacqueline’s actually move the needle and help that led to big results for the American questions, and the concerns she has those who have entrusted them with people. We took care of big, intractable about her son Jonas. She is not only a the future of this country—then we problems that had trouble getting any- taxpayer, but she is someone who will need to turn from gridlock to action. where during the previous Congresses. be impacted directly by the actions and Last Congress, even under President For example, we passed a transpor- the policies that come from this ad- Obama in the White House, we did not tation bill—the highway bill—to help ministration as well as the EPA itself. let partisan dysfunction keep us from Americans deal with safety on the So I believe that Mr. Pruitt, if he working together. There is a difference roadway, to deal with concerns about were to be confirmed, must meet the between elections and governing. But, pollution due to congestion and people expectations of Jonas and his mother. for some reason, too many people want in gridlock, and we helped our economy He works for them, or will work for to keep relitigating the election and in the process. That was a big, impor- them, were he to be confirmed. not allow us to actually govern. tant bill. That was the first time we I know I am out of time. I will just Of course, during the Obama adminis- had been able to pass a long-term high- conclude with this: There are a long se- tration, Republicans had many points way bill in about 30 different, separate ries of reasons, some of which I wasn’t of departure from the Obama adminis- attempts where we had patched the able to get to today, that undergird tration, and we used the tools available funding mechanism for 6 months or a and form the foundation of my decision to us to provide the oversight and ask year, which made it nearly impossible not to support the nomination of Scott the critical questions that the Amer- for our highway departments across Pruitt as the next EPA Administrator. ican people demanded. But our friends the country to actually plan. It actu- With that, I yield the floor. across the aisle are now being tempted ally ended up being more expensive and The PRESIDING OFFICER. The ma- to shut down the government, to run less effective than it would be with a jority whip. away from policy debates, and point multiyear highway bill, which we

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.047 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1254 CONGRESSIONAL RECORD — SENATE February 16, 2017 passed. So that was a big bipartisan ac- ers. We helped capitalize on our God- bragging about my hometown. I live in complishment. given natural resources by lifting the a little town called Yuma, CO, out in We also made great progress in re- crude oil export ban, for example— the Eastern Plains. It is a town of forming our public education system something important not only to do- about 3,500 people. If maybe you over- by passing, again, on a bipartisan mestic producers and job creation here exaggerate a little bit, it reaches 4,000. basis, the Every Student Succeeds Act, but also to our friends and allies It is out in the middle of the High which went a long way to devolving around the world who frequently de- Plains of Colorado, 4,000 feet in ele- power from here in Washington, DC, pend on a single source for their en- vation, 40 miles or so from the Kansas- back to the States, back to local school ergy. Unfortunately, people like Vladi- Nebraska border. It is a farming com- districts, back to parents and teach- mir Putin in Russia have discovered munity, 100 percent farming. Every- ers—something that, fortunately, we you can use that sole source of energy thing related to the town is farming. were able to agree upon on a bipartisan as a weapon by threatening to cut it Even the clothing stores are related to basis. That change was applauded by off. farming because if you don’t have a my constituents back home, and, I be- The reason I mention some of these strong agriculture economy, nobody is lieve, people around the country. accomplishments is to make the point buying blue jeans, nobody is going up We also made great headway in mak- that nothing happens in Congress, to the car dealership to buy a pickup if ing our country safer and our govern- nothing happens in the Federal Gov- the bushel of corn isn’t priced right. So ment more just by taking up and pass- ernment, unless it is bipartisan. everything we do in that town is re- ing legislation to support victims of It is one thing to fight hard in an lated to agriculture and farming. abuse and violence and to craft laws to election and try to win the election so My family comes from a background better equip our law enforcement to you can gain the privilege of actually of farm equipment business and started handle growing threats. being in the majority or having the a business—101 years old this year—by For example, we passed the Justice White House, but after the election is my great-grandfather. My time work- for Victims of Trafficking Act 99 to 0. over, our responsibilities shift to gov- ing in the dealership started roughly Some people say that nothing ever gets erning. Right now, our friends across when I was in seventh, eighth grade. done in Washington; well, 99 to 0—it is the aisle are continuing to obstruct They let me do some very complicated hard to beat that, except by maybe 100 and drag their feet and make it impos- tasks, high-skill tasks they let me per- to 0, but we will take it. sible for the President to get the Cabi- form: cleaning the bathroom, sweeping That law was signed into law by net he needs in order to get the govern- the floors. I did that throughout my President Obama 2 years ago, and it is ment up and running. time in eighth grade, high school, and helping victims of human trafficking We need to return to the pattern we college. If I go back today, I am sure get the healing and recovery they need, established in the last Congress, to they would let me do the same job, while also providing help to law en- work together, to build consensus, to clean the bathrooms and sweep the forcement to help root out the people help make America stronger, our citi- floors. Part of that is because I was who patronize modern day slavery, zens safer, and our laws a better serv- selling the wrong parts to a lot of which is what human trafficking ice to all the people. I would plead with farmers who would come into the deal- amounts to. our colleagues across the aisle to stop ership. Maybe they were just keeping We also, on a bipartisan basis, reau- the dysfunction, stop wanting to reliti- me off the parts counter for the time thorized the Justice for All Act to gate the outcome of the election. You being. In fact, maybe that is why peo- strengthen victims’ rights in court and can’t. It is over. We know what the ple voted for me, to get me off the increase access to restitution and serv- outcome was. They need to move on, parts counter and quit selling the ices that can help them recover. It and we need to move on—not just for wrong parts. helps reduce the national backlog in the political parties we are members Over my time working at the dealer- untested rape kits, forensic evidence of, not just for the benefit of those ship, we witnessed a lot of good times collected after a sexual assault that is elected here in Washington but for the in agriculture. I can remember one necessary to identify the assailant benefit of 320-some-odd million people time going into my dad’s and through the use of DNA testing. That whom we have the responsibility of granddad’s office and saying: You know was really important, after we heard representing. Instead of foot-dragging, what, the economy is really good. The the horror stories of as many as 400,000 obstruction, and dysfunction, let us price of corn is really high right now. untested rape kits in laboratories or fight, as we always have, for those peo- We ought to order a whole bunch of evidence lockers—evidence which was ple we represent and work together to farm equipment—a whole bunch of critical to identifying the assailant; find common ground where we can to pieces of implements, tillage equip- many times they were serial assail- put forward legislation that serves ment, tractors, combines—and have ants. In other words, they didn’t just them well. them on the lot so we can take advan- attack one time, they attacked mul- I hope our colleagues across the aisle tage of the good times in agriculture. tiple times over the years—and to get would remember those lessons they My granddad paused and looked at them off the streets. That type of evi- learned in the 2014 election; that dys- my dad and said: No, I don’t think we dence is also very important in exon- function is bad politics. It does not should do that because I don’t think erating the innocent because if we can help their political cause. I understand times are going to be good next year. exclude someone from one of these ter- the temptation of wanting to yield to They were right. This was back in rible assaults, that means a person who the most radical elements in a political probably the mid-1990s. They had seen is innocent of the crime will be free. party, but we are elected to the Senate it coming because of their experience We also passed a bill called the PO- for 6-year terms to be that cooling sau- in the business, the ebbs and flows of LICE Act, signed into law last summer, cer, to try to have debate and delibera- agriculture, the good times and the bad so our first responders and law enforce- tion, to try to work out the hard prob- times. They were able to recognize, ment officers can learn the latest tech- lems. That is our responsibility, and through their own experience, what dif- niques to deal with violence so they are just to blindly obstruct when you know ferent economic indicators meant to ready to face the unimaginable or pre- you can’t change the outcome—par- them and how they could forecast, viously unimaginable threats in our ticularly when it comes to the Presi- using their experience, what was going communities. dent getting the Cabinet he has chosen to happen in the farm world the next I could go on and on, but I will just and he deserves—makes no sense what- year. So they decided not to order all mention a few more. We passed bipar- soever. that brandnew equipment. They de- tisan legislation to combat opioid Mr. President, I yield the floor. cided not to order the tractors, the abuse and heroin addiction, the Com- The PRESIDING OFFICER. The Sen- combines, and the tillage equipment. It prehensive Addiction and Recovery ator from Colorado. was a good thing because the next year Act. We passed laws to make our gov- AGRICULTURE wasn’t that great. If this 18-year-old, ernment more transparent so it is more Mr. GARDNER. Mr. President, there 19-year-old kid would have had his way, accountable to the public and to vot- are few things that I enjoy more than we would have had a whole lot of iron

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.048 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1255 we were paying interest on that year of corn in 1974, the year I was born, they planted the first of the 1,200 acres on without being able to sell it. when it was $3.20. The price of corn in which his family farms alfalfa, sorghum and Colorado is pretty blessed, with 4,000 2016 was 5 cents lower than it was the wheat today. Even after harvesting one of companies involved in agriculture, their best wheat crops ever last year, thanks year I was born, 1974. It is the same to plentiful rain and a mild winter, Mr. Scott 173,000 jobs in Colorado directly in- story across the board for Colorado. isn’t sure how long they can afford to keep volved in agriculture. The State has Wheat prices are down more than $1 farming that ground. more than 35,000 farms and 31 million from 2015 to 2016 alone and down more There is a lot of work we need to do acres used for farming and ranching. If than 50 percent since 2012. I can guar- to make sure Mr. Scott and farmers we look at the Colorado business eco- antee, even though I may have sold a who live in my community around the nomic outlook, the net farm income of lot of wrong parts at the implement Eastern and Western Slope of Colorado ranchers and farmers in 2016 is esti- dealership, those wrong parts didn’t will be able to survive over the next mated this year to be the lowest it has come down in price 50 percent. year—steps so we can help to make been since 1986, and the projections for The livestock industry has seen simi- sure we are addressing this crisis head- 2017 are even lower. lar trends, with cattle prices at their on, before it begins and develops into a I grew up as a kid in the 1980s, watch- lowest level since 2010. In farming and full-blown farm crisis like we saw in ing perhaps the hardest times agri- agriculture, a lot of times we might see the 1980s. We must have serious regu- culture in the United States had faced a year where the price of corn is high, latory reform. in decades, watching a lot of people I but the price of cattle is low or the In a letter I received from the Colo- knew my whole life going out of busi- price of other commodities are high rado Farm Bureau, the letter read: ness, people having to sell the farm be- where the price of cattle is low, but Colorado Farm Bureau recognizes that a cause of what was happening in the when cattle are high, maybe other major impediment to the success of Amer- 1980s, leading to a banking crisis in ag- commodities are low. Farmers who ican agricultural industries and the national riculture in the 1980s, watching banks I have a diverse operation are able to economy is rampant federal regulation and the associated cost of compliance. had grown up with close. offset the lows and the highs with a di- I am concerned in this country that verse operation—but not this year, and We have to allow U.S. agriculture to flow to markets around the world, so in we are going to see the same thing it looks like that may be the case next addition to that regulatory reform— again, beginning in 2016, into 2017, and year. some of which we are undertaking now then into 2018 next year. I am very wor- Declines in States’ agriculture econ- through resolutions of disapproval by ried that those tough times we saw in omy are not unique to Colorado. Ac- peeling back the overreach of govern- the 1980s, and some of the tough with cording to the U.S. Department of Ag- ment, we have to allow farmers access the good times we saw in the 1990s, and riculture’s Economic Research Service, to more markets. That is a concern we some really good years a few years ago revenues have decreased for agri- are going to seem like distant memo- all should share: What is going to hap- culture nationwide by more than 10 pen with our trade policy in this coun- ries come later this summer and into percent since 2014. try? Because if we decide to shut off next year if we don’t do something. Recently, the Wall Street Journal I had the opportunity to visit with trade in this country, if we decide to wrote this, and I will show the headline close access and avenues to new mar- the Colorado commissioner of agri- of the Wall Street Journal piece just a kets, the first people who are going to culture in my office last week, a gen- couple of weeks ago. The Wall Street be hurt are those farmers and ranchers tleman by the name of Don Brown. Don has an article entitled ‘‘The Next in Colorado and Kansas and throughout Brown is from my hometown of Yuma, American Farm Bust Is Upon Us.’’ the Midwest of the United States. We CO. It has done pretty well for itself, We have had a lot of debates on this have to have the opportunity to be able 3,000 people. The State commissioner of floor. We have had debates about Cabi- to send that bushel of wheat to Asia, agriculture is from my hometown. The net members. We have had debates that bushel of corn around the globe to previous commissioner of agriculture, about resolutions of disapprovals. We make sure we are providing value- a gentleman by the name of John are talking about a lot of things, but added opportunities for the world’s Stoltz, was from my hometown of there is a lot of suffering beginning in best farmers and ranchers. Opening up Yuma. Both of them grew up in agri- the heartland of America right now. A new markets for Colorado and Amer- culture in that area, understanding lot of farmers and ranchers are suf- ican agriculture is a clear way we can what it is like on the High Plains, un- fering. They are worried about how support rural economies. derstanding what it is like to live they are going to survive, not just into Let’s be clear. What I said at the be- through good times and bad times. the next year but how they are going ginning of these comments—there are Both of them today I think would tell to survive into the next couple of farm communities that have diversity you, they are very concerned as well months. The telltale signs of difficult in their economic opportunities. A about what happens over the next year, times are all around us in agriculture. farm economy may not be 100 percent the next 2 years. This article, ‘‘The Next American dependent on farms or ranches. Maybe It wasn’t that long ago when we saw Farm Bust Is Upon Us,’’ begins to tell they have tourism. Maybe they have some of the highest priced commod- the story. Here is what the Wall Street some recreational opportunities. ities this country has ever seen, at Journal said: Maybe they are close to a big city least in a very long time—the golden The Farm Belt is hurtling toward a mile- where people can live there and com- years of agriculture, some people said— stone: Soon there will be fewer than two mil- mute. But there are a lot of towns where corn and wheat were priced high. lion farms in America for the first time since across the United States that are sole- People were able to pay their bills and pioneers moved westward after the Louisiana ly, 100 percent committed to agri- buy new equipment. Commodity prices Purchase. culture. They don’t have access to any- don’t always stay that high though. Across the heartland, a multiyear slump in prices for corn, wheat and other farm com- thing but farming and ranching. When The one thing a farmer will tell you is, modities brought on by a glut of grain world- the price is down, the town is down. the price of a piece of farm equipment wide is pushing many farmers further into When the town is down, Main Street stays high, the price of fertilizer seems debt. Some are shutting down, raising con- erodes. When Main Street erodes, it af- to stay high. When prices come down cerns that the next few years could bring the fects our schools and our hospitals and on their commodities, the other biggest wave of farm closures since the 1980s. our relationships and our families. And prices—the inputs—stay high, and they The article highlights the story of a somebody has to be looking out for our find themselves in significant trouble. fifth-generation farmer from Western farmers and ranchers because the next The price of corn today is estimated Kansas. I mentioned my hometown is American farm bust is upon us. to be about $3.15 per bushel. That is 40 miles away from Kansas. It looks We have to take the necessary steps what it was in 2016, less than half of very similar to the Eastern Plains of to pass a farm bill that gets our poli- the 10-year high price of corn of $6.86 in Colorado where I live. Here is his story: cies right when the new one expires. 2012, just a few years ago. To put that From his father’s porch, the 56-year-old The current one expires in 2016, and in historical context, the price of corn can see the windswept spot where his great- these discussions are just now under- in 2016 at $3.15 is lower than the price grandparents’ sod house stood in 1902 when way. If we have regulatory reform, if

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.050 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1256 CONGRESSIONAL RECORD — SENATE February 16, 2017 we open up new trade opportunities for want clean water. No State can guar- That is what science tells us. We know agriculture and we give farmers cer- antee to its citizens that its air will be we can affect the adverse impacts of tainty—those are three things we can clean or that its water will be safe. climate change if we take action. That do to help address this crisis before it These issues go well beyond State is what scientists are telling us. becomes a full-blown crisis. boundaries. They go beyond national The world came together on this We have to make sure that we sup- boundaries. It is for that reason that issue in COP21. I was proud to head a port our farmers and ranchers, that we we need an Administrator of the Envi- delegation of 10 Members of the U.S. have their backs in good times and in ronmental Protection Agency who will Senate as we went to Paris to make it bad times. Giving farmers certainty lead our Nation both in the appropriate clear to the international community through a farm bill, through a regu- controls and regulations to protect our that the United States wanted to be latory landscape that provides cer- air and water but also work for our part of a global solution to climate tainty and relief, is important. country in regard to the global efforts change. Not any one country can re- I talked to a family member of mine to protect our environment for future verse the trendline that we are on that the other day who talks about his fear generations. is catastrophic; we need all nations to that he sees conditions similar to what Let me talk about the issue of cli- do everything they can to reduce the we saw in the 1980s. The final relief we mate change. Climate change is one of impact of climate change by reducing can provide is relief from financial reg- the greatest threats of our times. We their carbon and greenhouse emissions. ulations that are stifling the ability of know that this year, according to That is what the global community banks to provide workout opportuni- NASA—they looked at the temperature needs to do, but we have been unable to ties for farmers and ranchers when rise in 2016 and found it to be the hot- get the global community for all coun- they need it. test year ever recorded. We know some- tries to live up to their responsibilities. Four things we ought to be doing for thing is happening in regard to global Under President Obama and our lead- our farmers and ranchers: provide them climate change. It is affecting so many ership, we were able to get the world certainty, regulatory relief, new trade different areas. We have eroding shore- community—over 190 nations—to come opportunities, and targeted financial lines that our constituents see. We together in Paris, in COP21, for every relief on regulations that are pre- have major military installations lo- nation to take responsibility to reduce venting workouts through our banks cated along our coast that are at risk their carbon emissions so that we all and our communities. as a result of rising sea levels from ice can benefit from that effort. We have the opportunity now to pre- melt. We have populations that are at I am concerned as to whether Mr. vent this country from seeing what it risk in the United States. Pruitt, if confirmed as the EPA Admin- saw in the 1980s, but let’s not be reac- Let me give one example, if I might. istrator, will continue that U.S. leader- tionary. Let’s do what we can to get Smith Island, MD, is a very proud com- ship. He has not been at all committed ahead of this before we start seeing munity. It is a community that his- to U.S. programs on dealing with cli- what Secretary-designee Perdue told torically has been one of the strongest mate change, let alone our inter- me the other day. One of the customers in regard to watermen and dealing with national responsibilities to lead other of his agricultural business took his the fruits of the Chesapeake Bay. It is countries to do what they need to do. I life because he didn’t know what was a proud community, and it is in danger will give one example. Part of our way going to happen to his farm, and his of disappearing because we have sea of showing the international commu- three kids are now left wondering what level rises resulting from ice melting nity that we are serious about the cli- they are going to do. from climate change. We know there is mate issue was the powerplant rule I hope this country understands how a problem developing that we need to issued under the Obama administra- supportive we are of American agri- deal with. It is affecting our economy. tion. Attorney General Pruitt joined a culture and the actions we need to take In my State of Maryland, the seafood group in opposing that powerplant rule to stand with them when times get industry is concerned about the future through filing suit against the imple- tough. of the blue crab crop. They know that mentation of that particular law. Mr. President, I yield the floor. juvenile crabs need sea grass in order We need someone who is going to The PRESIDING OFFICER. The Sen- to be able to be protected and mature lead on this effort in America and un- ator from Maryland. into full-blown blue crabs. With water derstand that we have responsibilities Mr. CARDIN. Mr. President, I take becoming warmer, the future of sea to lead the international community. this time to explain to my colleagues grass is challenged, putting the blue We are at great risk from the impact of why I will be opposing the nomination crab at risk. climate change, and that needs to be of Scott Pruitt, the attorney general of That is just one example. There are understood and recognized by the lead- Oklahoma, to be the next Adminis- many more examples I can give about er of the Environmental Protection trator of the Environmental Protection how it is affecting the economy of my Agency. I am not convinced Attorney Agency. State. It is affecting our ability to General Pruitt would do that. I first want to start by saying I had enjoy our environment, the recreation I want to talk a little bit about clean an opportunity to visit with Attorney itself, and it is certainly providing a air. Maryland has taken pretty aggres- General Pruitt. He is a person who real risk in regard to the real estate. sive steps to improve the air quality wants to serve our country, and we We have some very nice real estate lo- from emissions within the geographical very much appreciate that. He has a cated right on the coast or on barrier boundary of the State of Maryland. distinguished career in public service, islands that is at risk of being lost as That is what every State should do. and we appreciate his willingness to a result of climate change. We see But here is the challenge: Maryland is continue to serve at the national level. more and more major weather events downwind from many other States’ My reason for opposing his nomina- occur on a much more regular basis, emissions, so we are seeing days in tion is that he has opposed most of the causing billions of dollars of damage which our air quality is below what it missions of the Environmental Protec- and putting lives at risk. should be, not because we haven’t tion Agency as the attorney general of We know climate change is here. It is taken action but because we don’t have Oklahoma. He has filed numerous law- happening. The science is pretty clear. a national policy to protect our clean suits that would compromise the abil- When we asked Attorney General Pru- air. ity of the Environmental Protection itt his view about the science of cli- The health of Marylanders depends Agency to protect our environment. mate change, his answer was ‘‘far from on the Federal Government being ag- I come to this debate acknowledging settled.’’ gressive in guaranteeing that all citi- that there are national responsibilities The science is well understood. What zens of this country—that steps are to protect our environment. The we do here on Earth—the release of taken to protect the air they breathe. United States must also be engaged in carbon emissions—is causing an abnor- I can tell you the number of children global leadership as it relates to our mal warming of our climate. There are who have asthma who suffer when the environment. The people of Maryland activities that we can do to reduce that air quality is not what it should be. It want clean air. The people of Maryland effect on our climate. We know that. is not only wrong from the point of

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.052 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1257 view that we have an obligation to our We did it the right way. We started And we need a champion in the Envi- children to make sure we give them the at the local levels. We got all the ronmental Protection Agency that will healthiest air to breathe, it is also stakeholders together: the farmers, the help us in that regard. costing our economy because every day developers, the local governments, the I want to talk briefly about the Safe that child stays home, a parent cannot private sector, our local governments, Drinking Water Act. Safe drinking go to work. The child loses their time the State government. We worked with water is critically important. We know in school; they are being disadvan- Pennsylvania because Pennsylvania is that in recent years, we have found too taged. If they have to take a day off where the Susquehanna River flows, much lead in drinking water. We all from summer camp, the parent has to and that produces most of the fresh know, of course, the story of Flint, MI. stay home, and it is wasting resources water that goes into the Chesapeake I could take you to Baltimore where in this country. Bay. We worked with Delaware, Vir- our schools have to cut off their water For many reasons, we need an Ad- ginia, New York, and West Virginia, fountains because of the unsafe levels ministrator of the EPA who is com- and we developed the Chesapeake Bay of lead in the drinking water, if they mitted to a national effort to make Program that is worked from the local were permitted to drink from the water sure the air we breathe is clean and level up. We get together to determine fountains. healthy. what is reasonable: What does science We can tell you about so many com- Likewise with clean water. Some of tell us we can do? munities in the Nation that have a des- us remember when the Cuyahoga River We have all the stakeholders sitting perate need to clean up their safe caught fire in 1969. We know that pollu- around the table as we develop these drinking water so that we can protect tion was so bad, you literally could set plans. They all sign up. Our farmers our children from lead poisoning. I our rivers afire. We took steps. And it recognize that clean water will make hope my colleagues understand that was not partisan—Democrats and Re- their agriculture more profitable. They there is no safe level of lead in the publicans came together with the recognize that. Developers understand blood. It robs children of their future. Clean Water Act. We recognized that that we need a clean Chesapeake Bay It poisons them. I think most people the Federal Government has the re- as part of our ability to develop profit- are familiar with the Freddie Gray sponsibility to protect the quality of able real estate in our community. tragedy in Baltimore. Freddie Gray our water so that we have safe, clean These are not inconsistent. A serene was a victim of lead poisoning when he water in America. was young. I think we have been working to im- environment, clean agriculture, a We owe it to our children to make prove the Clean Water Act consistently strong agriculture, a strong economy sure we do everything we can so they on a nonpartisan basis, but now we are all hand in hand together. It is not a choice between one or the are not exposed to lead. I asked ques- have Supreme Court decisions that other. We recognize that. That is why tions about that during the confirma- challenge what water the Federal Gov- tion hearing of Mr. Pruitt. The answers ernment can regulate. Congress has not the Chesapeake Bay Program has never taken steps to clarify that. The admin- been partisan in Maryland. We have were less than acceptable and showed istration took efforts to try to clarify had Democratic and Republican Gov- his lack of real information about the that under the waters of the United ernors who supported the Chesapeake dangers of lead. Every Congress should look at their States, only to see a Court action to Bay Program. We have had legislators responsibility to build on the record, to put that on hold in which Mr. Pruitt lead this effort from both parties. Sen- joined as the attorney general of Okla- ator Mac Mathias, who served as the leave a cleaner and safer environment homa, once again slowing down our ef- U.S. Senator from Maryland, was the for the next generation. The EPA Ad- fort to protect the clean waters of champion of bringing the Federal Gov- ministrator should be committed to America. ernment into the Chesapeake Bay Pro- that goal. I do not believe Mr. Pruitt I have spoken numerous times on the gram. The program is working. It is will be that type of leader. For that floor of the Congress about the Chesa- making the bay safer today, but we reason, I will vote against his con- peake Bay and how proud I am to be a still have a long way to go. firmation. Senator from Maryland, one of the six We enforce it through the TMDL, the With that, I suggest the absence of a States that are in the Chesapeake Bay Total Maximum Daily Loads, so we can quorum. watershed, along with the District of monitor that we are making the The PRESIDING OFFICER. The Columbia. progress we said we could make, based clerk will call the roll. We know that the Chesapeake Bay is upon best science. And that is what the The senior assistant legislative clerk a national treasure. It has been so des- local stakeholders have signed up for. proceeded to call the roll. ignated by many Presidents of the When we did our TMDL’s, it was Ms. HARRIS. Mr. President, I ask United States. It is the latest estuary challenged. It was challenged in the unanimous consent that the order for in our hemisphere. The watershed con- courts. Mr. Pruitt was one of those who the quorum call be rescinded. tains 64,000 square miles, has over brought a challenge against the TMDL The PRESIDING OFFICER. Without 11,000 miles of shoreline, and 17 million Program in Maryland. I am thankful objection, it is so ordered. people live in the Chesapeake Bay wa- that the Third Circuit upheld the legal IMMIGRATION tershed—150 major rivers, $1 trillion to right of the TMDL, and the Supreme Ms. HARRIS. Mr. President, I rise our economy. It is part of the heritage Court affirmed that decision by the today, humbled to offer my first offi- of my State and our region. We are Third Circuit. So we won the legal cial speech as the junior U.S. Senator proud that it is part of our life. It is case. from the great State of California. I part of why people like to live in this But it troubles me that a program rise with a deep sense of reverence for region. They know the Chesapeake Bay that is from the ground up, from the this institution, for its history, and for makes their life so much more en- local governments up, in which the its unique role as the defender of our riched and so much more valuable. Federal government is a partner—why Nation’s ideals. The Chesapeake Bay is in trouble. I it would be challenged when it was sup- Above all, I rise today with a sense of could talk about it from a technical ported by the local communities. To gratitude for all those upon whose point of view. It doesn’t flush itself as me, that case should never have been shoulders we stand. For me, it starts quickly as other water bodies. The his- challenged. with my mother Shyamala Harris. She toric oyster population is not what it We need the Federal Government to arrived at the University of California, has been. We have to, therefore, make continue to participate with us. The Berkeley, from India in 1959 with special efforts to clean up the Chesa- Chesapeake Bay Program is supported dreams of becoming a scientist. The peake Bay. Over 30 years ago, almost 40 through the farm bill, through the plan, when she finished school, was to years now, while I was in the State leg- Water Resources Development Act, go back home to a traditional Indian islature, when I was speaker of the through the Clean Water Act, and marriage. But when she met my father house, I worked with Governor Harry through annual appropriations. So we Donald Harris, she made a different Hughes, and we developed a State pro- need continued support at the Federal plan. She went against a practice gram to deal with the Chesapeake Bay. level for the Chesapeake Bay Program. reaching back thousands of years, and

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.053 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1258 CONGRESSIONAL RECORD — SENATE February 16, 2017 instead of an arranged marriage, she threat to our public safety. Let me re- tect our fundamental ideals: freedom of chose a love marriage. This act of self- peat that: The President’s immigration religion and the rule of law, protection determination made my sister Maya actions and Muslim ban will make from discrimination based on national and me, and it made us Americans, like America less safe. origin, freedom of the press, and a 200- millions of children of immigrants be- As a prosecutor, I can tell you it is a year history as a nation built by immi- fore and since. serious mistake to conflate criminal grants. I know she is looking down on us justice policy with immigration policy, So this brings me to my message today, and knowing my mother, she is as if they are the same thing. They are today. We have a responsibility to draw probably saying: Kamala, what on not. I have personally prosecuted ev- a line with these administrative ac- Earth is going on down there? We have erything from low-level offenses to tions and say no. This is not a question to stand up for our values. homicides. I know what a crime looks of party. This is about the government So in the spirit of my mother, who like, and I will tell you, an undocu- of coequal branches, with its inherent was always direct, I cannot mince mented immigrant is not a criminal. checks and balances. This is about the words. In the early weeks of this ad- But that is what these actions do; they role of the Senate, the greatest delib- ministration, we have seen an unprece- suggest all immigrants are criminals erative body in the world. I know, hav- dented series of Executive actions that and treat immigrants like criminals. ing spent now a few weeks in this have hit our immigrant and religious There is no question, those who com- Chamber, that we have good men and communities like a cold front, striking mit crimes must face severe and seri- women on both sides of the aisle—men a chilling fear in the hearts of millions ous and swift consequence and account- and women who believe deeply in our of good, hard-working people, all by ability. But the truth is, the vast ma- immigrant communities and who un- Executive fiat. jority of the immigrants in this coun- derstand that nationalism and patriot- By fiat, we have seen the President try are hard-working people who de- ism are not the same thing. stick taxpayers with a bill for a multi- serve a pathway to citizenship. I know that it was the junior Senator billion-dollar border wall, without re- Instead of making us safer, these in- from the State of Texas who said: ‘‘It is gard to the role of the U.S. Congress creased raids and Executive orders in- an enormous blessing to be the child of under article 1 of the Constitution. By still fear in immigrants who are terri- an immigrant who fled oppression, be- fiat, we have seen a President mandate fied they will be deported or have to cause you realize how fragile liberty is the detention of immigrants, both doc- give up information resulting in the de- and how easily it can be taken away.’’ umented and undocumented, creating a portation of their family members. For It was the junior Senator from the dragnet that could ensnare 8 million this reason, studies have shown great State of Kentucky who said: ‘‘We people. By fiat, the President has or- Latinos are more than 40 percent less must always embrace individual lib- dered the creation of what essentially likely to call 9–1-1 when they have been erty and enforce the constitutional will be a 15,000-member deportation a victim of crime. This climate of fear rights of all Americans, rich and poor, force. By fiat, he wants to take away drives people underground and into the immigrants and natives, black and State and local authority by making shadows, making them less likely to white.’’ local police officers act as Federal im- report crimes against themselves or It was the senior Senator from the migration officials. By fiat, the Presi- others—fewer victims reporting crime great State of Arizona who said: Un- dent wants to slam the gates of free- and fewer witnesses coming forward. documented immigrants should not be dom by instituting a Muslim ban—a These Executive actions create a ‘‘condemned forever’’ to a twilight sta- ban which was as carelessly written as strain on local law enforcement. Any tus. it has been incompetently enforced. police chief in this country will tell So, yes, we have good people on both In recent days, we have seen an in- you that they barely have enough re- sides of the aisle. I say that we must creased severity in immigration raids sources to get their job done. So when measure up to our words and fight for sweeping across this country, including you make local law enforcement do the our ideals because the critical hour is the arrest of a DREAMer in Seattle job of the Federal Government, you upon us. and a domestic violence victim in strain the resources for local law en- I yield the floor. Texas. And we have seen an adminis- forcement and that hurts everybody’s The PRESIDING OFFICER. The Sen- tration violate court orders, attack the safety. ator from Oklahoma First Amendment, bully Federal Let’s consider the economic harm CONGRATULATING SENATOR HARRIS judges, and mock Americans exercising this order will cause. Immigrants make Mr. INHOFE. Mr. President, let me their right to freely assemble. up 10 percent of California’s workforce say that that was an excellent presen- I rise today to discuss how these ac- and contribute $130 billion to our tation by Senator HARRIS. I can recall tions impact my State of California State’s gross domestic product. Immi- when she first came here, and I sat and our country. In particular, the grants own small businesses, they till down with her and we talked about her State of California, I believe, is a mi- the land, they care for children and the predecessor and about how people with crocosm of who we are as America. In elderly, they work in our labs, they at- diverse philosophies can get along and California, we have farmers and envi- tend our universities, and they serve in actually love each other. ronmentalists, welders and tech- our military. So these actions are not I would expect the same thing to hap- nologists, Republicans, Democrats, only cruel, but they cause ripple effects pen in this case—because it does. I lis- Independents, and the largest number that harm our public safety and our tened to some of the things that were of immigrants, documented and un- economy. said by the new Senator from Cali- documented, of any State in the Na- The same is true of this Muslim ban. fornia, talking about the rule of law, tion. This ban may as well have been about freedom of religion, freedom of I rise because the President’s actions hatched in the basement headquarters speech, and the First Amendment. I have created deep uncertainty and pain of ISIS. We handed them a tool of re- agree. I am hoping that we end up with for our refugee and immigrant commu- cruitment to use against us. Policies more things in common than things nities. I rise on behalf of California’s that demonize entire groups of people that would keep us apart because we more than 250,000 DREAMers, who were based on the God they worship have a have a lot to do. We need to get busy told by the Federal Government: If you way of conjuring real-life demons. Poli- doing it. I appreciate very much hear- sign up, we will not use your personal cies that isolate our Muslim-American ing the opening speech by Senator Har- information against you. I rise to say communities take away one of the ris. the United States of America cannot greatest weapons we have in the fight Mr. President, I wanted to get to the go back on our promise to these kids against homegrown extremism. floor because it won’t be long until we and their families. Here is the truth. Imperfect though will be voting on my Oklahoma attor- I rise today as a lifelong prosecutor we may be, I believe we are a great ney general, Scott Pruitt. I am looking and as the former top cop of the big- country. I believe we are a great coun- forward to it. He and I go back a long gest State in this country to say that try. Part of what makes us great are way. I know that he has been through these Executive actions present a real our democratic institutions that pro- the ringer, as a lot of them have. I look

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.055 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1259 at Jeff Sessions and some of the abu- mittee who have differing philosophies tire Nation’s best interest in mind sive things that were said about him as to what the EPA should be doing. when making decisions as the EPA Ad- during the time that he was going They see outsiders. They see the State, ministrator. I have no doubt that he through this process. Of course, the sometimes, as someone who is opposed will continue to protect our State’s in- same thing has been true with Scott to the things they are trying to do. But terests from overreach and unneces- Pruitt. we have watched this happen over the sary harmful regulations. Scott Pruitt just happens to be not last 8 years. It is no secret that Attorney General only a candidate who is going to make Attorney General Pruitt has said Pruitt’s confirmation process has been an excellent Administrator of the EPA, again and again that he will uphold the unusually lengthy. It is time we vote but he is also one who knows the job. laws that we pass right here in Con- to confirm him in this position. We had He has been there. He has been attor- gress—no more and no less. So it is up his nomination hearing in the Environ- ney general for Oklahoma, my State. to us as lawmakers to provide him with ment and Public Works Committee. He lives in my home town of Tulsa, OK. effective bipartisan legislation that That was back on January 18, almost a So I know him quite well. In fact, I am will make a positive difference for the month ago. That hearing was one to be in aviation, and I remember flying him environment and for our future, while remembered because we broke a record around the State in some areas, intro- balancing State and private interests. by asking 4 rounds of questions. I sug- ducing him when he was just starting This balance is possible and Scott Pru- gest that no one in this confirmation out in the statewide race. itt is a testament to this balance. process this year or in the last three I think he is going to do a really good Oklahoma is an energy State. Okla- generations has had to undergo four job. It is my understanding that my homa is an agricultural State. We care rounds of questions. colleagues on the other side are deter- a great deal about the land we live on During the course of this day-long, 8- mined to run the clock before we vote and the air we breathe, and we want to hour hearing, he answered more than on Attorney General Pruitt, and they be sure it is safe for our families and 200 questions. Now, after this, he re- are using the opportunity to make the for generations to come. I think about sponded to more than 1,000 questions case that he will destroy the environ- the Administrator that was there dur- for the record, including the extra ment and return pollution to the air ing the years of the Obama administra- questions Senator CARPER asked him in and water. tion, and he was actually in a hearing a December 28 letter, as Attorney Gen- Yet they know that he will do noth- just a few hours ago. He talked about eral Pruitt promised he would. ing of the sort. Attorney General Pru- how comforting it was to come to our Now, this means that he answered— itt is highly qualified. Yes, it is true State of Oklahoma—which he did these are questions for the record— that he has had the occasion to file twice. He learned that landowners are 1,600 questions. The average director, lawsuits on behalf of the State of Okla- on the side of the environment. They during confirmation over the last 3 homa against the Environmental Pro- are the ones who want to care for the Presidential years, had 200. So it is 200 tection Agency. I can assure you that questions, as opposed to 1,600 questions land. They are the ones who want to he knows that he has represented the that he was subjected to. He never exert whatever energies are necessary State of Oklahoma. There are many complained about it and actually did a to take care of the problems with pol- other States that were doing the same great job. lution that are present in this world. Now, despite the Democrats’ efforts thing. As attorney general, Mr. Pruitt has He is a believer in the rule of law and to delay his confirmation vote, we need worked closely with the Oklahoma De- will uphold the laws as passed by Con- to be responsible and move forward to partment of Environmental Quality gress within constitutional bounds. He confirm Attorney General Pruitt. The and the Oklahoma Water Resources has built a career defending the law, longer we postpone this vote, the Board to protect Oklahoma’s scenic and I see no cause for concern that he longer it is going to take for things to will ever stop. He has been practicing rivers from upstream pollution. As a get done at the EPA. Right now noth- law in Oklahoma since 1993, when he matter of fact, as to his reputation, he ing can get done. Everyone knows that. graduated from law school at the Uni- is ‘‘Mr. Scenic Rivers’’ back in Okla- That is wrong. I know that Attorney versity of Tulsa. In 1998, he ran and was homa. I don’t understand how people General Pruitt will continue to be a elected to the Oklahoma State Senate, concerned with the environment are champion for economic development where he served for 6 years. During opposing him and saying things about and environmental responsibility by that time in the Oklahoma State Sen- him that are detrimental. upholding the law and restoring the He was able to use unbiased logic and ate, he was seen as a leader, someone Environmental Protection Agency to science to reach an agreement with the who could be counted upon, and some- its role as a regulatory agency, not an State of Arkansas to protect our water one who should be in higher office in activist organization. the State. in Oklahoma. He has also been instru- You know, this is all for show be- Of course, that is what happened. mental in negotiating a historic water cause everybody knows the votes are Since 2010, he has been the Attorney settlement agreement. This agreement there. He is going to be approved. I General for Oklahoma. He became a re- was between the State of Oklahoma, look forward to working with him. I spected defender of the State’s role in the Choctaw Nation, and the Chicka- think he is ready now to move in and our Federal system of government. As saw Nation. do the job. It is going to be a while be- This thing, I say to the Presiding Of- EPA Administrator, Pruitt will con- fore he is able to get the other posi- ficer, has been in litigation for 100 tinue to uphold core constitutional tions confirmed. That is why it is im- years. He walked in, and he resolved principles and won’t be engaged in the portant to go ahead and do it, and I un- the problem. It was a battle that had same Federal overreach that we have derstand we are going to be doing it gone on for 100 years. One of the chief seen over the last 8 years. when this time runs out. I know there are varying philoso- concerns of the Chickasaw and the I yield the floor. phies in this body. I know there are Choctaw Nations was to ensure that The PRESIDING OFFICER. The Sen- people who want to concentrate the conservation guidelines were pre- ator from Maryland. power in Washington. They see nothing served. The agreement not only pro- Mr. CARDIN. Mr. President, I yield wrong with what we refer to as govern- vides Oklahoma City with its long- the remaining time I have to Senator mental overreach. I have experienced term water needs but also protects our SCHUMER. this because it happens that I was the two Indian nations with their con- The PRESIDING OFFICER. The Sen- chairman, as well as the ranking mem- servation goals. Again, this was tried ator has that right. ber, of the Environment and Public by a lot of people over a period of 100 The Senator from Minnesota. Works Committee, which has the juris- years until Scott Pruitt came along. Mr. FRANKEN. Mr. President, I rise diction over the Environmental Protec- He is the one who did it. today in opposition to the nomination tion Agency. So I have watched this He has sued the EPA and fought of Scott Pruitt to serve as the Admin- take place. against the Fish and Wildlife Service istrator of the Environmental Protec- I know that there are members of the at times. It has all been in Oklahoma’s tion Agency. The Environmental Pro- Environment and Public Works Com- best interest. Now he will have the en- tection Agency, or EPA, is tasked with

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.057 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1260 CONGRESSIONAL RECORD — SENATE February 16, 2017 protecting human health and the envi- environment is in need of less protec- volving Funds. These funds are particu- ronment, including our precious air, tion and research? Well, let me tell you larly important to rural communities. land, and water. This is clearly one of about some of the things the EPA has What is more, the EPA is actually the most critical missions in the Fed- accomplished since its creation. saving consumers money. Take the fuel eral Government. The EPA helps protect us from tox- efficiency standards that require car Americans believe that a great coun- ins. From 1948 to 1988, 30 million homes companies to manufacture vehicles try deserves safe drinking water, clean were treated for termite infestation that go farther on a gallon of gas. air, and to know that the products we with two related, very longlasting These standards both reduce air pollu- use are safe. And Americans care about chemicals: heptachlor and chlordane. tion and save people money. Thanks in continuing this legacy for future gen- These chemicals are among the 12 part to the EPA, from 1975 to 2013, the erations, believing that we should worst known persistent organic pollut- average fuel economy of a car sold in leave the environment in good shape or ants—a rogues’ gallery called the dirty the United States more than doubled. better than we found it, and that is dozen. A long-term study found that Further increases in fuel economy where the EPA comes in. millions of Americans have these standards under the Obama adminis- Before the Agency was created in chemicals in their blood and in their tration mean that if you buy a new car, 1970, a hodgepodge of inconsistent fat and that the higher the levels, the you can expect to save an average of State and city regulations proved to be more likely a person is to suffer from $7,300 on gas during the lifetime of that inadequate for protecting the right of dementia, type 2 diabetes, prostate vehicle. As a whole, Americans will Americans to have a clean, safe envi- cancer, testicular cancer, breast can- save $1.7 trillion at the pump. ronment. Before the EPA, in some cit- cer, or lymphoma. This is just a small subset of what ies in this country, the air was so pol- The problems arising from hepta- the EPA has accomplished over the luted that during the day, drivers could chlor and chlordane are still with us, years to protect public health and the barely see the car in front of them. but at least they are not getting worse. environment. And I didn’t even men- Studies indicate that the air in the Why? Because hard work by EPA sci- tion cleaning up toxic waste sites or 1950s in Los Angeles, as measured by entists helped expose the risks of these testing foreign products for lead and particulate matter and ozone pollution, chemicals and led them to be banned in mercury. But if Mr. Pruitt is confirmed was worse than it is in Beijing today. the United States in 1988. The world to lead the EPA, all this progress and Our rivers, including the Cuyahoga didn’t catch up to the protection of- continued work is at risk. River in Cleveland, caught fire. fered to the American people by our As the attorney general of Okla- Schools were built on toxic chemical EPA until an international ban came homa, Mr. Pruitt put the will of his dumps. I know the thought of public into effect in 2001. corporate donors above the public in- health risks like these sound prepos- The Agency also determined that terest time and time again, suing the terous today, but this was all the case lead in our paint and lead in our gas Agency 18 times—suing the EPA 18 back before the EPA. It took parents caused terrible public health problems, times—to block clean air and clean and regular citizens standing up and and they got the lead out. In the 1970s, water protections. Now Mr. Pruitt demanding better to finally force ac- 88 percent of American children had wants to run the EPA, but he refuses to tion. In 1970, President Richard Nixon elevated levels of lead in their blood. say that he will permanently recuse and a Democratic Congress worked in a Now the number is less than 1 percent. himself from those lawsuits that are bipartisan manner to create the EPA. However, we know that the battle still pending. Thus, he would be both Let me be clear. The EPA is not per- against old toxins is far from over, as the defendant and plaintiff in those fect. There are many instances when I the disastrous lead poisoning in Flint, cases. This is a bizarre world nomina- have stood up to the Agency because I MI, tragically reminds us. We also tion. We cannot allow this type of con- felt its actions were not in the best in- know that new risks appear every year. flict of interest at the EPA. terests of Minnesotans. That said, That is why Congress recently passed As attorney general, he failed to take since the creation of the Agency, the bipartisan legislation to allow the EPA environmental protections seriously. EPA has significantly improved our to take action on the most concerning He dismantled the environmental pro- public health and our environment by toxic chemicals, including asbestos. tection unit within the AG’s office, and cleaning up our air and cleaning up our Slashing the EPA budget endangers fu- in particular Mr. Pruitt’s record shows water. ture progress and will not make us bet- a disdain for protecting the air we We still have a lot of work left to do. ter off, will not make us safer, will not breathe. He filed three lawsuits to Yet we are now faced with a President make our children safer. block EPA health standards for smog, and an EPA nominee who want to gut The EPA has also made our air clean- soot, mercury, arsenic, lead, and other the Agency and reverse the progress we er. Thanks to the EPA, we have re- air pollutants. His actions directly have made. President Trump has re- duced air pollution—like smog and threaten those who suffer from asthma peatedly attacked environmental pro- ozone and particulate matter—by more and other lung conditions. We can’t go tections and the EPA. He has called to than 70 percent since 1970, thus pre- back to the air we had in the 1970s. We ‘‘get rid of’’ the Agency. And during an venting millions of asthma attacks, can’t afford the air Beijing has today. interview with FOX News, Candidate hospital visits, lost workdays, and Mr. Pruitt is so ideologically driven Trump said of the EPA: ‘‘What they do more than 100,000 premature deaths to protect the interests of oil, gas, and is a disgrace.’’ And now he is in a posi- every year. At the same time, the other polluters that he even gets in the tion to try to implement his stated American economy has grown 240 per- way of clean energy projects that goal of gutting the EPA—gutting the cent. would create jobs. Take for example EPA, that is right. He wants to slash The Agency was also instrumental in the Plains & Eastern Clean Line, a critical public health and environ- the phaseout of harmful substances re- high-voltage transmission project that mental safeguards, and to do this, he sponsible for depleting the ozone layer. President Trump has identified as an handpicked Mr. Pruitt. The ozone layer shields us from harm- infrastructure priority. It will bring Mr. Pruitt intends to prevent the ful ultraviolet radiation that leads to clean wind power from the heartland to EPA from protecting public health and sunburns or, worse, skin cancer. power-hungry cities. As Oklahoma at- the environment by reducing the budg- Thanks to the work of the EPA and torney general, Mr. Pruitt did every- et by two-thirds. Trump transition other Federal agencies in cooperation thing he could to kill that very same team member Myron Ebell made these with the international community, project. plans clear. Mr. Pruitt will cut and ozone depletion has now stopped and Even more concerning to me is Mr. then cut some more and then cut some the layer has begun to regenerate. Pruitt’s years of opposition to the re- more, until the Agency we trust to The EPA has also made our water newable fuel standard, the RFS. This keep us safe is no bigger than it was cleaner. The Agency invests billions in program is vital in our fight against when Richard Nixon was President. drinking and wastewater infrastruc- dirty air, and it also greatly benefits So what exactly should we cut? ture every year through the Clean Minnesota’s rural economy. It is cer- Which aspect of public health and our Water and Drinking Water State Re- tainly better to drive our cars on

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.059 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1261 biofuels from the Midwest than on oil mental protection, but this is a false The PRESIDING OFFICER. Without from the Middle East. I know that Mr. choice. We know we can and must in objection, it is so ordered. Pruitt pledged during his hearing to fact have both. Addressing environ- Mr. LEE. Mr. President, I am proud honor the RFS, but this same law pro- mental challenges like climate change to stand today and support Scott Pru- vides him with an important loophole: will not only help prevent unprece- itt, President Trump’s nominee to head The RFS permits the head of the EPA dented damage to our economy but will the Environmental Protection Agency. to reduce the congressionally man- also spur economic growth and innova- I can think of no one who is better dated levels of biofuel production. I, for tion. suited or more fully qualified to lead one, do not trust an avid opponent of My home State of Minnesota has this Agency and to advance within it the RFS to now be responsible for its shown how we can do this. In 2007, the reforms it so desperately needs. I implementation. under a Republican Governor, we es- look forward to voting to confirm Mr. During the confirmation hearings, tablished a renewable energy standard Pruitt as EPA Administrator, and I en- my Democratic colleagues pushed Mr. that produced 25 percent of our power courage my colleagues to do the same. Pruitt on climate change. His answers from renewable sources by 2025. We es- In many ways, the EPA epitomizes were not reassuring. Unlike our new tablished an energy efficiency resource the broken status quo in Washington— President, Mr. Pruitt did not call cli- standard requiring utilities to become a status quo that is increasingly and mate change a ‘‘hoax.’’ Instead, he was a little more efficient every year. We rightfully viewed with suspicion and a more subtle, repeatedly saying: ‘‘The established an aggressive target to re- certain amount of contempt by the climate is changing, and human activ- duce greenhouse gases by 80 percent by American people. That broken and dis- ity impacts are changing climate in 2050, and we are national leaders in bio- credited status quo has been described some manner.’’ Those words are inten- diesel blending requirements. These in various ways: out of touch, arbi- tionally deceptive. They are meant to policies have not led to economic ruin trary, inflexible, unreasonable, heavy- sound reasonable but also to excuse in- in Minnesota. They have led to eco- handed, unaccountable. These words action. If we look at Mr. Pruitt’s nomic development—rural economic could apply to any number of institu- record, it shows that he has been stead- development—as we harvest the wind tions or offices here in Washington, fastly against action on climate and Sun and convert our biomass into DC, but they are the hallmarks of the change, including a suit to block the energy. We are investing in clean en- rule-writing departments that make up our Federal bureaucracy. first requirements for powerplants to ergy technology not only because it Technically, these bureaucratic reduce their carbon emissions. Let me cleans up the air but because it creates agencies are creatures of the executive remind you that these requirements thousands of jobs. In fact, a clean en- ergy economy now employs more than branch—creatures that exist to assist are based on Supreme Court rulings the President in fulfilling his constitu- from a conservative majority Court at 50,000 people in Minnesota, and it will continue to grow. tional duty to take care that the laws, that. written by the legislative branch, are In a 2007 decision, Massachusetts v. In 2005, 6 percent of Minnesota’s elec- to be faithfully executed. But over the the EPA, the Supreme Court found tricity came from renewable sources. past several decades, they have been that the EPA had authority to regulate Today it is almost 25 percent, and we continue to go higher. In addition to recast as the Federal Government’s greenhouse gases under the Clean Air center of gravity, both writing and en- Act. It also directed the EPA to assess good jobs for Minnesotans, this transi- tion brought a 17-percent decline in forcing and, in many cases, even inter- whether climate change endangers pub- preting, the vast majority of laws gov- lic health, which the Agency correctly power sector greenhouse gas emissions during a decade when the population of erning America’s society and Amer- determined it does. The Court further Minnesota increased 7 percent. It is ica’s economy. ruled that because of this hazard, the clear that an EPA led by Mr. Pruitt Elevating the unelected, unaccount- EPA is obligated to regulate green- will not move us in the direction Min- able bureaucracy to the driver’s seat of house gases. the Federal Government—to the driv- During his hearing, Mr. Pruitt made nesota is going. Americans expect and deserve clean er’s seat, specifically, of Federal pol- clear that all he wants to do is transfer water, clean air, and a hospitable envi- icymaking—is mostly the work of more environmental protection duties ronment. Although EPA is far from Members of Congress, of both Cham- to the States, but there are two major perfect, the Agency has shown that a bers and of both political parties, who problems with that. First, 50 States cleaner environment is compatible understand that the best way to avoid each implementing different require- with economic growth. In fact, clean- being blamed by voters for unpopular ments is both inefficient and likely to ing the environment helps drive eco- laws is not to make them—at least not lead to a race to the bottom. There are nomic growth. We cannot afford to en- to make them completely—but rather many States that will be tempted to trust the EPA to Mr. Pruitt or anyone to empower unelected bureaucrats to trade away the long-term public health else who has a history of putting pol- make the laws for them. But the regu- of their citizens for the quick financial luters’ interests above the public’s and latory agencies themselves sometimes rewards that will come if they are able above the economy as a whole. We can- deserve some of the blame as well. to lure businesses from other States not afford to entrust this Agency to Congress is guilty of writing laws with the promise of lax environmental someone the President has handpicked that are couched in vague terms, cen- regulations. to slash its budget and to prevent it tered around gauzy goals, instead of All Americans deserve a clean envi- from carrying out its mission. Mr. Pru- strictly defined as understandable ronment. If States want to innovate, itt represents a step backward, not a rules. But Federal regulators are guilty free them to do better than our na- step forward. He is maybe the last per- of interpreting—and repeatedly rein- tional standards, but there needs to be son who should be the next leader of terpreting—those laws in order to ac- an EPA that can make sure they don’t the EPA. I will oppose this nomination, commodate their ever-expanding con- do worse than our national standards. and I call on my colleagues to do the ception of their own power, of their While my State of Minnesota has same. own authority to work their own will been a leader in environmental protec- Mr. President, I yield the remainder on the American people. tion, the second problem with the of my postcloture debate time to Sen- For instance, in the years since Con- State-by-State approach is that pollu- ator SCHUMER. gress passed the Clean Air Act amend- tion doesn’t respect State boundaries. But first, I suggest the absence of a ments in 1977, Federal bureaucrats The people of my State should not suf- quorum. have used the law to enact more than fer ill effects of pollution from States The PRESIDING OFFICER (Mr. 13,500 pages of regulations, which upwind. BLUNT). The clerk will call the roll. works out to roughly 30 pages of regu- Mr. Pruitt also implied during his The senior assistant legislative clerk lations for every 1 page of underlying hearing that the EPA’s regulations are proceeded to call the roll. legislative text. killing jobs, suggesting we must either Mr. LEE. Mr. President, I ask unani- The fundamental problem with this choose employment and economic pros- mous consent that the order for the expansion and centralization of regu- perity or public health and environ- quorum call be rescinded. latory authority is the tendency of

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.059 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1262 CONGRESSIONAL RECORD — SENATE February 16, 2017 Washington, DC, bureaucrats to be ig- well, works wisely to accomplish that and litigation issues. This development norant of—and often very indifferent mission, and works within our con- really requires a delay in this vote so to—the interests of the people who live stitutional system. we can review those emails and know in the various communities who are af- That is why I am so pleased that what those conflicts of interest were, fected by the rules they make and the Scott Pruitt is on his way to lead the what they may continue to be, and rules they also enforce. EPA. The Agency exists to protect the whether his answers to our colleagues This isn’t a knock on the individual American people, not advance the nar- in his testimony at his confirmation men and women who work within the row agenda of some special interests hearing were completely accurate and Federal bureaucracy, most of whom are while punishing others. truthful. We need to delve into those well-educated, well-intentioned, and I am confident that Mr. Pruitt is the emails, know their contents, examine highly specialized. But there is no right man for the job and that he will the contents, in fairness to him and in doubt that a regulator in Washington, remain independent while correcting fairness to an administration that may DC, knows a whole lot less about a the troubling course that the EPA has be appointing for confirmation yet an- melon farm in Emery County, UT, and taken in recent decades. other official like General Flynn, who cares a lot less about the fate of the I thank the Chair. was forced to resign just days after his people who work at that melon farm in I yield the floor. appointment. Emery County, UT, than what the reg- I suggest the absence of a quorum. The interests of the Trump adminis- ulators say in Salt Lake City. The PRESIDING OFFICER. The tration, as well as this body, would be The Environmental Protection Agen- clerk will call the roll. well served by delaying this vote so we cy, in particular, is notorious for its The senior assistant legislative clerk can review those emails. I call upon the top-down, Washington-knows-best ap- proceeded to call the roll. Republican leadership to delay this proach to regulation, which often runs Mr. BLUMENTHAL. Mr. President, I vote, give us a chance to review the roughshod over the immense diversity ask unanimous consent that the order emails, and give the American public a of local circumstances in our large for the quorum call be rescinded. chance to understand how those emails country. The PRESIDING OFFICER. Without reflect on the qualifications of Scott Too often, the EPA treats States and objection, it is so ordered. Pruitt and the potential conflicts of in- State regulators not as partners but as CALLING FOR A SPECIAL COUNSEL terest that may disqualify him from adversaries. It treats the States them- Mr. BLUMENTHAL. Mr. President, serving in this all-important role. selves not as laboratories of republican we are in a day—in fact, yet another I am here to oppose the nomination democracy but, rather, as lab rats to be day—of fast-developing, dramatic of Scott Pruitt, but whether we oppose tested upon for their own amusement events. The news today that LTG Mi- or approve of this nomination, we owe and for the exertion of their own polit- chael Flynn, who served until recently it to ourselves—I say to my col- ical power. as National Security Advisor, may be leagues—we owe it to the United Scott Pruitt understands this well culpable of lying to the FBI and there- States Senate to delay this vote so the because he has seen it firsthand as at- fore prosecutable for a Federal crimi- potentially explosive material and con- torney general of Oklahoma. Mr. Pru- nal violation adds urgency to the need tents of these emails can be fully con- itt has spent many years being ignored for a special independent counsel to in- sidered. If we fail to delay, we are, in and pushed around by Washington, an vestigate all of the events surrounding effect, potentially confirming a nomi- experience that has taught him the his conversation with the Russian Am- nee who may be compelled to resign need for the EPA to work with and not bassador and who knew what about it after his disqualifying conflicts of in- condescend to the States. when and what was done. terest are exposed to public view. We In his Senate confirmation hearing, The severity of this potential con- have an obligation in advising and con- Mr. Pruitt explained why improving stitutional crisis—and we are careen- senting to be as fully informed as pos- the relationship between the EPA and ing toward a constitutional crisis— sible. If there were no such emails, if State-level regulators is the best way makes it all the more necessary that there were no such court order, there to protect our environment and uphold we have an objective and independent might be an excuse for rushing to judg- the separation of powers that is the investigation, that Attorney General ment as we are on track to do now. cornerstone of our constitutional sys- Jeff Sessions recuse himself, and the There is no excuse for a rush to con- tem. He said: ‘‘Cooperative Federalism White House guarantee that documents firmation. Our obligation to advise and is at the heart of many of the environ- are preserved—as we have requested in consent implies also an obligation to mental statutes that involve the Envi- a letter sent by Members of the Judici- review these emails as comprehen- ronmental Protection Agency.’’ ary Committee, including myself— sively and fully and fairly as possible The reason for that is that it is the today. before we make this decision. States that many times have the re- The severity of this potential con- The President has nominated Scott sources, the expertise, and an under- stitutional crisis cannot be exagger- Pruitt as the next Administrator of the standing of the unique challenges of ated. Still we are in the early days of Environmental Protection Agency to protecting our environment and im- a new administration but already the serve a mission, which is to protect proving our water and our air. We need turmoil and turbulence throw into human health and safeguard the envi- a true partnership between the EPA in question almost all of the proceedings ronment. Even before disclosure of performing its roll, along with the here on other issues, urgent and impor- these emails, which involve his con- States in performing theirs. If we have tant issues—whether infrastructure, tacts with oil and gas interests, he that partnership, as opposed to punish- trade policy, job creation, economic came before us as perhaps one of the ment, as opposed to the uncertainty growth, all of the pressing issues of our least-qualified people in the United and duress that we currently see in the day. They also raise potential conflicts States of America to serve in this posi- marketplace, I think we will have bet- of interest on the part of other officials tion. I don’t make this statement ter air and better water quality as a re- before us now, including the nomina- lightly. It may sound like hyperbole or sult. tion of Scott Pruitt. News that we have exaggeration, but the fact is, anyone For many Americans—and certainly also learned very recently, in this day who studies Scott Pruitt’s record as at- for many of my fellow Utahns—the of fast-developing events, increases the torney general of his State—and I EPA is pejorative. It is synonymous importance of deliberate and thought- served as attorney general of mine so I with an out-of-touch and out-of-control ful consideration of this nomination. know his position pretty well—can see government. Just within the last hour, a judge in that his record is antithetical and hos- This is a shame. Americans want— Oklahoma has ordered the release of tile to the mission and purpose of this and Americans certainly deserve— thousands of emails sent by this nomi- Agency. clean air and clean water. The EPA has nee, Scott Pruitt, the attorney general He is a potential Administrator who the potential to help them achieve of Oklahoma, relevant to his dealings will take office at a critical juncture these goals, but only if the EPA itself with oil and gas interests in his State for our planet. Sea levels continue to returns to its core mission and works and elsewhere on relevant legislative rise, long-established weather patterns

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.061 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1263 have begun shifting, and the average Taken alone, even without the and women who sent us here—to see global temperature is rapidly ap- emails, these actions hardly show a the real impact this crisis is having. proaching 2 centigrades Celsius above record of someone dedicated to pro- My home State of Connecticut has preindustrial levels. That is an in- moting and protecting the environ- experienced a major rise in storms that crease which many climate scientists ment. Not once during his confirma- have cost hundreds of millions of dol- believe may be a point of no return—no tion process did Mr. Pruitt dem- lars in damage as well as several lives. return for the planet, no return for us, onstrate to me a convincing willing- It seems that as soon as our State be- no return for generations to come. We ness, let alone eagerness, to uphold the gins to rebuild from one storm, another are at a historic moment. mission of the Agency he now hopes to wreaks havoc on many of the same dev- The question will be whether Scott run, nor has he shown an intent to be astated communities. These monster Pruitt will be dedicated to doing some- open and responsive with Members of storms have become the new normal. thing about climate change, about the this body. Most troubling of all, he has, In Connecticut and around the coun- pollution of our air, streams, rivers, in no uncertain terms, failed to give try, weather disasters are rapidly be- and oceans, whether he will be com- any indication that he will be a cham- coming part of a way of life, tragically, mitted to enforcing the rules and laws pion for our environment and that he for innocent people caught in their that protect us against those dangers will advance scientifically sound poli- wake. In just 6 years, Connecticut has of degradation of our environment— cies to protect the public’s health. weathered the damage and destruction degradation of the air we breathe, the The only thing Attorney General water we drink, the open spaces we of a freak October snowstorm, Pruitt has made abundantly clear is Superstorm Sandy, and the force of nu- enjoy. that he holds a derisively dismissive That is the same Scott Pruitt who merous nor’easters. Severe storms like attitude toward the Agency he now was pressed by our colleagues during these, as well as other disasters— seeks confirmation to lead. His nomi- his confirmation hearing and could not floods, tornadoes, droughts—are hap- nation is an affront to the EPA, but name a single regulation designed to pening at a rate four times greater even more, it is a threat to our health, protect clean air or water that he sup- than just 30 years ago. a threat to our environment, a threat ports—the very same Scott Pruitt, who I am not here to argue climate to the quality of our air and water, and was asked by our colleague JEFF change. I am here to argue that Scott a risky gamble on the world we will MERKLEY whether he agreed with the Pruitt is unqualified to fight climate statement, ‘‘Warming of the climate leave to our children and our grand- change because he denies it is a prob- system is unequivocal,’’ and he dodged children. lem, and he denies the mission and pur- There is a very real concern about and equivocated. When he was ques- pose of the EPA as a vital purpose and whose side Scott Pruitt will be on. The tioned about hundreds of thousands of mission of our Federal Government. question is, Whose side will he be on dollars he has received in campaign The people of Connecticut under- contributions from energy companies, when and if he is Administrator of the stand climate change, and they get it. he basically refused to answer. He EPA? He has already shown a willing- They understand that it is happening dodged the question. That is the Scott ness to use the power of whatever of- and that it is happening in their every- Pruitt who would become Adminis- fice he holds to advance an extreme day lives. They see its effects. They trator of the EPA, and it is the same agenda and to malign opponents. Pol- know its causes, and they know the Scott Pruitt who, as attorney general luters do not need another champion in truth. It will get worse. We need to of Oklahoma, fought the tremendous this administration, and our environ- take action. progress made by the Obama adminis- ment does not need another foe. We This body is on the verge of action tration at every turn, taking legal ac- have enough foxes guarding henhouses that should be postponed so that we tion against the EPA no fewer than 14 as it is in this administration. can consider vitally important infor- Mr. Pruitt’s coziness with the firms times. mation in those emails that reflects on that he will be required to regulate— While he was in office, he worked conflicts of interest, ties to special in- again the emails will tell the story hand in hand with Oklahoma’s largest terests, influence on Scott Pruitt, ben- about his relationships with special in- energy companies to roll back regula- efits to him in the past, and debts that terests. That is critically important, tions that are vital to the health and he may owe, literally and figuratively, and, in fact, even on the record we have well-being of the American people, not to those special interests that may im- now, it should disqualify him from this just the people of Oklahoma, as bad as pact his performance as Administrator position. that would be, but of all Americans, all of the EPA. of our plant. He doubts the effects of climate change and the extent to which our As attorney general of my State, en- When he worked hand in hand with vironmental protection was a priority the Oklahoma energy industry, those rapidly warming climate is as a result of human activity, calling this debate to me. I will be honest; I sued the Fed- common bonds of purpose and work eral Government, just as Scott Pruitt would be well illuminated by these ‘‘far from settled’’ and placing himself did. I sued the Federal Government so emails that today will be disclosed. In well outside mainstream opinion. His that environmental protection would fact, maybe some of those conflicts of denials are rooted in the promise of be made more rigorous and stringent interest will be revealed and drama- funds from corporations and interest and people would be protected, not to tized by those emails. That is why we groups that think it is far better for slow down the EPA but to speed it up must wait to have this confirmation their bottom line to pretend that in- to provide impetus for its action and, vote. controvertible climate change simply He sued to try and block efforts to doesn’t exist. in fact, to compel it to carry out its reduce nationwide emissions of meth- He is a beneficiary of the denying mission and purpose. ane, a greenhouse gas roughly 30 times corporations and special interests, and Scott Pruitt has acted in exactly the more effective at trapping even carbon those contentions are not only regres- opposite way, and the reasons for his dioxide. He block the Clean Power sive and fallacious but dangerous. If he antipathy and hostility to the EPA Plan. He took three separate actions is a prisoner of those special interests, may well be illustrated even more dra- against the EPA’s mercury and air as these emails may show him to be, matically and directly by these emails toxic rule, targeting standards that the my colleagues will regret voting for that we should consider. EPA estimates will save 45,000 lives. him—another reason that delaying his I urge the Republican leadership to Those are three more actions, it should confirmation vote is appropriate and postpone and delay this vote so that we be noted, than he took to proactively necessary now. may, in fact, consider those emails. promote clean air and clean water on The scientific evidence of climate Mr. President, I yield the floor. behalf of the people of Oklahoma in his change and human involvement is The PRESIDING OFFICER. The Sen- entire time in office. Why did he take overwhelming. You don’t have to look ator from Minnesota. those actions? Who helped him do it? hard to see it. Most of us in this Cham- Ms. KLOBUCHAR. Mr. President, I How and why? The emails will help tell ber would need to speak only with a want to first thank Senator CARPER for that story and answer those questions. handful of our constituents—the men his leadership today, and I rise today

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.062 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1264 CONGRESSIONAL RECORD — SENATE February 16, 2017 to join him in speaking about the nom- major companies like Cargill and Gen- have worked closely with many friends ination of Scott Pruitt to be Adminis- eral Mills—have been willing to take across the aisle for many years on this trator of the Environmental Protection this on, have been willing to talk about issue. And, of course, the further eth- Agency. this as a problem. They see this as a anol and renewable fuels take us, the I will not be voting in favor of Mr. moral obligation to their employees less dependent we will be on foreign oil. Pruitt’s nomination for EPA Adminis- and their customers, but they also see We need and want a mixed fuel supply. trator because of his record and views it as part of their business. They can’t Now is not the time to waiver on sup- on issues that are very important to simply continue in business and serve port for renewable fuels. The EPA Ad- the people of my State—issues like cli- people all over the world if major ministrator has many flexibilities mate change, which matters in Min- economies could be ruined by one under the law to slow or make changes nesota, and issues like the Renewable storm or if we see areas flooded that to the Renewable Fuel Standard, and Fuel Standard. I am not sure everyone are on our coast or the kind of weather that is why I am concerned about the has focused on that today, but I think we have seen in the Midwest. It is bad past record of this nominee on this im- it is important, especially for States in for business, and they are willing to portant issue. the Midwest, to focus on what his admit that. Another reason we need consistent record has been on this issue. As a Senator from Minnesota with a and effective leadership at the EPA is Mr. Pruitt has written that the cli- strong ag industry and also a tradition in the fight to maintain and restore mate change debate is ‘‘far from set- of hunting and fishing, I see climate the Great Lakes. Our Great Lakes con- tled’’ and has made other troubling change as a direct threat to my State’s tain 90 percent of our Nation’s supply comments about climate change. I economy for recreation. It is also a of fresh surface water and supply could not disagree more. I believe that threat to our State’s heritage of enjoy- drinking water to 30 million Ameri- the debate on whether climate change ing the outdoors, whether that is cans. And our economy? The Great is happening is over. The facts are in, snowmobiling or whether that is our Lakes’ combined economic impact is so and the science is clear. wildlife. We have seen some major enormous that restoration alone is es- The ‘‘2014 National Climate Assess- changes to the wildlife in our State. timated to provide $50 billion in long- ment’’ stated the most recent decade I have always believed that an ‘‘all of term economic benefits. That is why was the Nation’s warmest on record. the above’’ plan is necessary to build a last year’s Water Infrastructure Im- U.S. temperatures are expected to con- new energy agenda for America, but it provements for the Nation Act reau- tinue to rise. It was drafted by over 300 must be an agenda that recognizes the thorized the Great Lakes Restoration authors and extensively reviewed by challenges of climate change. Someone Initiative. These projects have helped the National Academy of Sciences and who heads up the EPA must believe in eliminate toxins from our waters, com- a Federal advisory committee of 60 science. It is an Agency grounded in bat invasive species—something very members. science. critical in my State with invasive The ‘‘Quadrennial Defense Review Mr. Pruitt has also been quoted as carp—protect against pollution, restore 2014’’ of the Department of Defense of saying ‘‘the ethanol fuel mandate is habitats for fish and wildlife, and pro- the United States stated: ‘‘The pres- unworkable.’’ I know he has changed mote the overall health. some of his views since he was nomi- sures caused by climate change will in- The Administrator of the EPA is re- nated, but I, as a Senator from a State fluence resource competition while sponsible for leading efforts to imple- that relies on renewable fuels as one of placing additional burdens on econo- ment, administer, and distribute grant our major industries in the ag part of mies, societies, and governance institu- funding across agencies that undertake our State, must look at his entire restoration activities. As I noted, Min- tions around the world.’’ record and what he has actually said Climate change isn’t just about melt- nesota is home to a thriving outdoor when he has been in positions of power. economy that relies on clean water, ing glaciers and rising ocean levels, al- How do I see the Renewable Fuel free of invasive species. It is vital that though it is certainly about that. It is Standard? The Renewable Fuel Stand- our next EPA Administrator continue also about what we have experienced in ard has led to important advancements to take action to stop the spread of the Midwest. When I first got to the in clean energy, and the standard has invasive carp before they reach the Senate, I remember hearing from ex- provided stability and predictability Great Lakes and many of our most im- perts, including people in our own De- that have and will continue to drive portant northern waters. fense Department and major military long-term investments in the renew- My background? My grandpa was an leaders who talked about the fact that able space. iron ore miner. He worked 1,500 feet un- one of the consequences of climate Every time a new study is released derground in the mines most of his life. change will be, first of all, all over the on the subject, I become even more Every day when he went down in that world in economies that are already convinced that investments in renew- cage, he would always think about struggling. We are going to see some of able fuels are investments in the future what he would like to do in the out- those developing nations encounter un- health of our economy and our environ- doors. He loved to hunt. About once a predictable weather—hurricanes, ment. A recent study by ABF Econom- year, they would borrow a car from my tsunamis. ics showed that the ethanol industry uncle. They would go to see Lake Supe- In the Midwest, while we may not generated $7.37 billion in gross sales in rior, and he would bring his sons to see have tsunamis, what we see is major, 2015 for Minnesota businesses and $1.6 Lake Superior. unpredictable weather, which is just as billion in income for Minnesota house- I want an EPA Administrator that dangerous. We have seen the dev- holds. Here is a big one: The ethanol sees that, yes, you want a strong econ- astating impacts of natural disasters industry also supports over 18,000 full- omy, and yes, those things can work like Hurricane Matthew, and we have time jobs in Minnesota. together with the environment, but seen flooding from Cedar Rapids and Senators on both sides of the aisle you also need to preserve that outdoors Duluth. understand that renewable fuels are and wildlife and those Great Lakes my We now know the risk of climate important as a home-grown economic grandpa and my family hold so dear. change to Minnesota, to our country, generator. They also are about 10 per- Mr. Pruitt has articulated extreme and to our planet. We must reduce cent of our fuel supply in the United views about the role of the EPA, but greenhouse gas and tackle the chal- States. That is a competitor for oil. there is a bigger problem here. We still lenge of global climate change head-on. When we have that kind of competi- don’t know his full views and record. If we don’t tackle this issue, we are tion, that allows us to have everything My colleagues who sat on the Environ- going to continue to struggle with the from electric cars to other kinds of re- ment and Public Works Committee far-reaching economic and environ- newables, and we should not simply have asked Mr. Pruitt to produce crit- mental consequences. rely on the oil industry to fuel our ve- ical documents that will clarify his Shifting global trends have the po- hicles. Renewable fuels are an impor- record and vision for the EPA, and 19 tential to wreak more long-term havoc tant competitor. times, Mr. Pruitt told Senators they on our businesses and our industries. As I mentioned, there is strong bipar- should get the information from his at- That is why businesses in my State— tisan support for renewable fuels. I torney general’s office. Well, they tried

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.064 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1265 and they have not succeeded. The Okla- celebration of their independence from about it. Only then will we answer that homa attorney general’s office told Russia. What happens? Russia attacks fourth ‘‘w.’’ Who, what, where—it is them that they have a 2-year backlog the accounts of members of the Lithua- the only way we are going to answer for such requests. In committee ques- nian Parliament. why. Why is this administration so fo- tions for the record, my colleagues I have already expressed deep con- cused on trying to placate Russia? asked Mr. Pruitt to clear the backlog cern about this administration’s lack I recently joined Senators CARDIN, and provide the committee with these of transparency on a variety of critical LEAHY, FEINSTEIN, and CARPER—this communications. Once again, he de- issues, but nowhere is this more true was early January—to introduce legis- clined. Mr. Pruitt has not provided the than when it comes to this administra- lation that would create an inde- Senate with the information we need tion’s interactions with the Russian pendent, nonpartisan commission to to make an informed decision about his Government. For months, U.S. intel- look at the facts and to make rec- nomination. ligence agencies have said that Russia ommendations about how we can han- The EPA Administrator will be en- used covert cyber attacks, espionage, dle future elections so they will be free trusted with protecting the health and and harmful propaganda—$200 million and safeguarded from foreign inter- well-being of Americans. This is a tre- worth—to try to undermine our democ- ference. This would, of course, be in ad- mendous responsibility. That is why racy. Reports show it and the facts dition to the thorough investigation Americans deserve a clear picture of prove it. that I have been ensured will occur Mr. Pruitt’s record on protecting pub- Unlike what the President said today with the Intelligence Committee under lic health, clean air, and clean water, at the press conference, this is not fake the leadership of Senators BURR and including a review of the emails that news. Last week, in fact, we learned WARNER. were ordered to be released today. that the very day President Obama im- In the last few weeks, we have heard RUSSIA posed sanctions on Russia for their un- a lot about the three branches of gov- Now, Mr. President, I would like to precedented attacks on our democracy, ernment and our system of checks and turn to another topic. Actually, after a member of the Trump transition balances. One of the fundamental jobs watching parts of the President’s team spoke to a senior Russian official of Congress is to closely oversee the ex- lengthy and unpredictable news con- regarding those sanctions and then did ecutive branch to ensure that the law ference today, I came upon some of the not tell the truth about it. The Na- is being properly followed and en- parts dealing with Russia. I thought it tional Security Advisor—the person forced. I think my colleagues on both was important that I come down to the charged with the most sensitive mat- sides of the aisle understand how im- floor and address them. ters of U.S. national security—misled portant that is. The part of the press conference that the Vice President and, in turn, the I am the ranking member of the Sen- I saw was where the President referred American people. We have now seen ate Rules Committee, and one of our to the reporting that has been done on two people resign: the campaign man- jobs is to oversee our election system. Russia as fake news. The reporting ager for Trump’s campaign and the Na- A big part of my job as the Democratic that has been done about all of the con- tional Security Advisor. And one of the leader of this committee will be to en- tacts between members of his cam- things they have in common is Russia sure that our election system is safe paign and the Russian intelligence and a relationship with Russia. from foreign interference in the future. agencies—I assume he includes the re- So, no, this is not what the President Intelligence experts have been clear: porting that has been done on the said at his press conference today or Russian interference in our 2016 elec- phone call that was made to the Rus- earlier in a tweet. This is not about tion was not an anomaly. The threat of sian Ambassador—and the various some kind of sour grapes—those were future tampering is real and imme- other reporting that we have seen— not his words but his implication about diate. As Senator RUBIO said and I just that is very troubling about this ad- the loss of Hillary Clinton. That is not noted, this time it was the Democrats ministration’s dealing with Russia what this is. This is not about her loss who were attacked. Next time it could from the campaign time, to the transi- in the last campaign. No. These are be a Republican. And it is not some- tion, to the present. facts that have emerged since that thing that is limited to one party. Fu- I would just like to say that this is time that I think are important to ev- ture threats could come in the form of far from fake news; this is fact. And if eryone. more misinformation. They could you don’t believe it is fact, then that I appreciated the words a few months range from using social media to dis- means you don’t believe 17 U.S. intel- ago from Senator RUBIO, who said that rupt the voting process to even hack- ligence agencies and that instead you this is not about one campaign, this is ing into State reporting websites to take the word of Russians, Russian in- not about one election, because it alter vote totals. Russia’s goal is to telligence and Putin’s word. I go with could quickly turn on the other party. create confusion and undermine peo- our 17 U.S. intelligence agencies that We have an obligation as Senators to ple’s trust in our democratic institu- have made it very clear that Russia protect our democracy. That is what tions. That is why they spent $200 mil- had been attempting to influence our this is about—to make sure we have lion last year to fund the spread of fake election. fair and free elections that are not in- news. This was borne out to me when Sen- fluenced by foreign governments. We need solutions and not more prob- ator MCCAIN, Senator GRAHAM, and I Today, Secretary Mattis said that lems. Just last week, the House voted visited the Baltics, Ukraine, and Geor- Russia’s behavior is aggressive and de- to eliminate the Election Assistance gia at the end of last year in December. stabilizing. I thought that was a good Commission, the only Federal agency What we saw there and what we heard caricature of not only what we have charged with protecting American there makes us know that this is not seen in our own country but also what elections from hacking. As ranking just one single incident of Russia try- we have seen overseas. And then he member of the Rules Committee, I find ing to influence one candidate’s cam- went on to say that right now we are this unconscionable. We have to do paign or even one election or even one not negotiating from a position of more, not less, to protect American country’s election, but that this is a strength. Well, that is certainly true elections from foreign interference. modus operandi, that they have done when our own President then, a few The EAC and the Department of this before. They did it in Estonia hours later, takes to the stage and says Homeland Security were in commu- when they were mad that they moved a that this is simply fake news and that nication with State election officials statue. What did they do? They shut we are talking about Russia’s aggres- prior to election day promoting cyber down their internet. They did it in sion as some kind of response to the security best practices. Our agencies Lithuania when the Lithuanians had loss in the last campaign. have ensured that safeguards, like pro- the audacity to invite members of the We need to know the full extent of visional ballots, would allow people to Ukrainian Parliament who were in the administration’s contact with the cast ballots even if their systems were exile because they were part of the le- Russian Government during the cam- hacked. We have to do more, not less, gally annexed Crimea. Lithuania in- paign and transition, including what to support this effort. That is why I am vites them to their 25th anniversary was said, what was done, and who knew currently developing legislation that

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.065 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1266 CONGRESSIONAL RECORD — SENATE February 16, 2017 will protect our elections from foreign agencies ‘‘fake news.’’ That is what rightfully followed this near-sponta- interference. We are going to work happened today. neous combustion of a river helped lead with the EAC, DHS, and all 50 States to On New Years’ Eve, together with to the EPA’s creation in 1970 and the protect voting systems and registra- Ukrainian President Poroshenko and passage of the Clean Air Act the same tion data bases from cyber security Senators McCain and Graham, we year and the Clean Water Act in 1972. threats. We will also make sure State stood at the border of eastern Ukraine, Now, nearly a half century later, it is and local election officials have the re- 2 years after Russia’s illegal annex- precisely because these laws and others sources they need to make these crit- ation of Crimea, 2 years after the inva- like them have been successful in mak- ical cyber security upgrades. sion of eastern Ukraine, 10,000 lives ing us healthier and safer that it is Recent news events show us just how lost. easy to forget why we need them. severe the problem is. Now we have to Ukrainian soldiers stood, and they Institutions like the EPA don’t run come up with the solutions. My Repub- have continued to stand, protecting themselves. The environment does not lican colleague, Senator MCCAIN, got it their homeland and defending their de- protect itself, and big oil and gas and right yesterday when he said this. This mocracy. For years, our allies have coal companies certainly don’t police gets to the security issue that goes been subject to aggression and inva- themselves. That is why the EPA ex- even beyond our elections: sions, but they are undeterred, unwill- ists. You would certainly hope that at General Flynn’s resignation also raises fur- ing to give up what they fought so hard the very least the Administrator of ther questions about the Trump administra- for: independence, freedom, and democ- that Agency would support that core tion’s intentions toward Vladimir Putin’s racy. If we are committed to ensuring mission. Yet this evening we are con- Russia, including statements by the presi- that Russia’s hacking invasions and sidering the nomination of someone dent suggesting moral equivalence between blackmail do not go unchecked, we whose main experience with environ- the United States and Russia despite its in- must do everything in our power to un- mental protection at the Federal level vasion of Ukraine, annexation of Crimea, and cover the full extent of this inter- is filing lawsuits against the Federal threats to our NATO allies. ference in our own political system. As Environmental Protection Agency. The day that the Obama administra- our allies stand there every day losing In fact, he has filed 14 of those law- tion was imposing sanctions on Rus- people on the frontlines, looking to us suits in just 6 years as attorney general sia—and the Trump campaign was al- for support, looking to us, we cannot of the State of Oklahoma. That is not legedly undermining those sanctions—I turn our own backs on an invasion—a all he has done. Scott Pruitt, in his was with Senators MCCAIN and GRAHAM cyber invasion on our own democracy. confirmation hearing, refused to recuse in Eastern Europe. The goal of our trip We must also stand up for independ- himself from consideration of future was to reenforce support for NATO and ence, freedom, and democracy. cases which he brought against the our allies in the face of increased Rus- I yield the floor. EPA if confirmed. sian aggression. We visited the Baltics, The PRESIDING OFFICER (Mr. Mr. Pruitt has also suggested that Ukraine, and Georgia—countries on the YOUNG). The Senator from Delaware. Senators who want more information frontlines of this fight, and they know Mr. COONS. Mr. President, I want to about the details of his record should Russia’s playbook well. initially begin by thanking my col- file FOIA requests rather than pro- In our meetings with Presidents and league from Oklahoma for graciously viding that information voluntarily. Prime Ministers of those countries, it allowing me to proceed first ahead of He has described himself as ‘‘a leading was increasingly evident that if we him. He is, as ever, a terrific colleague. advocate against the Federal EPA’s ac- don’t stop Russia now, cyber attacking I would like to associate myself with tivist agenda.’’ Scott Pruitt has not against governments, political parties, the remarks of my colleague from Min- been able to name in confirmation newspapers, and companies will only nesota. I, too, led a bipartisan delega- hearings one single environmental pro- get worse. tion—two Republican House Members tection statute he supports. In my This is a pattern of waging cyber at- and two Senate Democrats—to Eastern view, that is unacceptable for a State tacks and military invasions against European in August and observed many attorney general let alone someone democratic governments across the of the same issues and concerns that nominated to be our Nation’s highest world. Ukraine itself has been targeted she just raised and have joined her, ranking environmental protection offi- by Russian hackers more than 6,500 along with 10 Republican Senators and cial. times in just the past 2 months—ear- 8 other Democratic Senators, in the Mr. Pruitt’s disdain for the core mis- lier I used the examples of Estonia and legislation she mentioned. I think this sion of the EPA leaves me without a Lithuania, but 6,500 times in just the is an important issue on which all of us doubt that he is unfit to take on this past 2 months. Now we have evidence should focus. important role, but that is not all. that Russia is working to undermine Mr. President, let me turn to the Scott Pruitt either ignores or is igno- the elections in France and Germany. matter at hand, the nomination of rant of the core and important science This is not just about defending our Scott Pruitt to serve as the director of of climate change, mercury, lead expo- own democracy; it is about defending the EPA. I thank my colleagues, many sure, ocean acidification, to name just the democratic way of life and democ- of whom have come to the floor to a few of many topics uncovered in his racies across the world. We must be a speak about the nomination of Scott confirmation hearing. united front in fighting Russian ag- Pruitt to lead the EPA, and most es- Mr. Pruitt acknowledges the climate gression, and we must make it clear to sentially, my senior Senator and friend is changing but says the role, the influ- Russia that there are consequences to from my home State of Delaware, TOM ence of human activity is ‘‘subject to their actions. That is why I joined a bi- CARPER, ranking member of the Envi- debate.’’ I am here to say this evening, partisan group of my colleagues to in- ronment and Public Works Committee, that is simply not true. Only in an al- troduce the Countering Russian Hos- who has ably led this fight. ternative universe, based on alter- tilities Act, legislation that would im- I am glad to be able to join my col- native facts, is the human impact on pose strong actions against Russia. leagues to make clear why, in my view, climate change still subject to debate. These sanctions would address cyber someone who does not believe in a core That is like saying that Scott Pruitt is attacks, human rights violations, and Federal role in protecting the environ- fit to lead the EPA is subject to debate. the illegal annexation of land in ment is not the right person to lead the I think after an exhaustive confirma- Ukraine and Georgia. Federal Agency charged with just that tion hearing and a review on the floor The world continues to look to Amer- mission. It is possible that we in this of the facts, it is not. It is simply not ica for its steadfast, steady leadership. Chamber have now forgotten why the true. The United States, a beacon for free- Environmental Protection Agency was Scott Pruitt also led a lawsuit dom and democracy, must continue to created in the first place. The idea of against EPA rules that would reduce stand up against Russian aggression. Federal protection of our environment mercury emissions from coal-fired pow- The leader of our country should not be really started to take hold when the erplants. He argued it was too expen- calling those reports that have been Cuyahoga River caught fire, again, in sive, too burdensome, but he also ques- substantiated by 17 U.S. intelligence June of 1969. The public outrage that tioned whether mercury itself was

VerDate Sep 11 2014 06:56 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.067 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1267 harmful to health. On that issue, the Agency to follow every environmental has been not to eliminate environ- science is clear. Mercury has dev- law and to partner with States, local mental protections, it is to honor a astating effects on the development of authorities, and tribes to do what is country with tremendous diversity, the human nervous system. best for the present and for the future. from rocky mountains to open deserts, Does Mr. Pruitt not get that or does I have heard some people talk about to beautiful woodland areas. he not care? Those are pressing ques- their opposition to Scott’s nomination, Surprisingly enough, the issues that tions for me. During his confirmation saying they don’t believe Scott be- we face on our environment, in the process, Mr. Pruitt was confused about lieves in clean air, in clean water. concrete jungle of Washington, DC, is ocean acidification, a process explained That is not the issue for Scott. Scott different than it is in Woodward, OK. by very basic science. A question I was absolutely believes in clean air and Let me give you an example of one of left with was whether Mr. Pruitt just clean water, and the accusations that those cases that he engaged in. It is a did not get it or just did not care. somehow he wants dirty air and dirty case where the EPA created a new reg- In that same hearing, he made state- water and our children to be poisoned ulation called waters of the United ments that indicated he was unfamiliar is ludicrous. States. It dramatically changed the with the Federal standards regarding The question for Scott is not if we definition of what are the areas the lead in drinking water. I had to ask should have clean air and clean water, EPA can oversee and increased their myself whether he simply has not it is who is the primary steward of our regulatory authority by millions of heard of Flint, MI, or was not con- clean air and our clean water. Every- acres in just one regulatory sweep. cerned. one has a role. We are a nation that is The courts immediately stepped in My office alone has received nearly connected to each other. What happens and stopped this, and Scott Pruitt and 1,000 calls and emails from Dela- in one State does affect another State. many other States’ attorneys general wareans expressing concern about That is why we have a national strat- said: The EPA does not have the right Scott Pruitt and the future of the EPA egy working with the Environmental to be able to step into almost every under his potential leadership, express- Protection Agency, but in the Clean inch of our State and say they sud- ing concern and opposition. Dela- Water Act and in the Clean Air Act, denly have regulatory authority. wareans have reached out to me saying the States are given primary responsi- In fact, the court said this: ‘‘We con- they are worried about their kids with bility through what is called a State clude that petitioners have dem- asthma; they are worried about clean Implementation Plan to determine onstrated a substantial possibility of drinking water for their families; they what is in their best interests and the success on the merits of their claims.’’ are worried about protecting our riv- best solutions to be able to deal with Furthermore, they said this: ‘‘What ers, our wetlands, and other outdoor the issues of air and water. is of greater concern to us, in bal- spaces in Delaware and around the Scott has fought for the State to be ancing the harms, is the burden—po- country. allowed to be in the driver’s seat with tentially visited nationwide on govern- With Scott Pruitt potentially at the regard to all of the State resources, ar- ment bodies, state and federal, as well helm of the EPA, they are right to be guing for those that work in wind as private parties.’’ worried. Let me end by sharing a brief farms, in oilfields, and on cattle The court stepped in and agreed with excerpt of a letter from one of my con- ranches, for families who have drinking Scott Pruitt that the EPA was over- stituents who lives in my hometown of water and breathe the air and who live reaching, and that case is still in the Wilmington, DE. She wrote: there. The people who should have the courts right now. That is a reasonable Please vote against Scott Pruitt as leader loudest voices should be the people who thing to be able to do, for an attorney of the EPA. Our children’s future, their actually drink that water and breathe general who has the responsibility to health and well-being, and their right to in- that air and understand the effects of not only manage the legal issues of the herit a world we have not irreversibly de- it firsthand. State but also to watch out for the stroyed may depend on it. He has not been alone in this fight. consumers of the State. As funny as it She is absolutely right. Our kids do As the attorney general of Oklahoma, sounds, if you go to the EPA’s website deserve a better environmental future. he stood shoulder to shoulder with today and look at Oklahoma and air To her and all the Delawareans who more than half of the States to ensure quality, here is what it says. The EPA have contacted me and my friend and the Federal Government operates with- website today reads: ‘‘CAA permitting colleague from my home State, I hear in the bounds of the statutes and the in Oklahoma. Clean Air Act permitting you. I intend to vote against Scott Constitution. He has consistently ar- in Oklahoma is the responsibility of Pruitt. If my colleagues in the Senate gued that the EPA, when they promul- the Air Quality Division Exit of the really want to stop pollution, we can gate rules that violate that basic prin- Oklahoma Department of Environ- start by keeping Scott Pruitt from ciple of the State Implementation mental Quality.’’ going to lead the EPA. Plan, should stop, do what the EPA The EPA’s website today says re- Our environment should not be for does best, and have the EPA push the sponsibility for this is from the Depart- sale, should not be neglected, and States to do what they should do best. ment of Environmental Quality in should not be turned aside from being In an environment where Chevron Oklahoma. the core mission of the Environmental deference is the precedent set, it is All our attorney general has done is Protection Agency. I think we all critical that the leader of an Agency said to the EPA: You should probably should stand firm against the nomina- that has such wide latitude to extract follow the law or at least your own tion of Scott Pruitt to lead that impor- costs out of the economy, should re- website to be able to handle all of the tant Agency. spect the federalist foundation we permitting issues of who has authority I yield the floor. have, and the pocketbooks of hard- to do this. For the past month, I have The PRESIDING OFFICER. The Sen- working families, as well as our air and heard Senator after Senator come to ator from Oklahoma. our water. this floor and describe my great State Mr. LANKFORD. Mr. President, it is In previous congressional testimony, of Oklahoma in a way that makes an absolute honor to be able to rise and he stressed the importance of laws like Scott Pruitt sound like an ogre and my speak in support of Attorney General the Clean Air Act, stressing that the State sound like a toxic waste dump. Scott Pruitt. For the last 6 years, intention was for States to work to- Let me give you an example. Attor- Scott has been a leader in the State of gether under a model of cooperative ney General Pruitt has been dismissed Oklahoma. He has been strongly com- federalism that protects the environ- by some who say that he has personally mitted to enforcing the law in Okla- ment while considering economic been engaged in leading our State to homa as it is written and as is con- costs. such terrible air quality that the sistent with the Constitution. He is a Scott pursued cases against the EPA American Lung Association has given statesman. He is a dedicated public and other Federal agencies in an effort the counties in Oklahoma an F rating. servant. to enable and embolden our State gov- Well, that is an interesting accusa- As the Administrator of the EPA, I ernment officials to craft the legisla- tion, until you actually go to the fully expect Scott to be able to lead the tion that needs to be done. His focus American Lung Association website

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.068 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1268 CONGRESSIONAL RECORD — SENATE February 16, 2017 and see that they give almost every Another thing that is commonly said the former chairman of the Oklahoma county in America an F rating. In fact, about Scott Pruitt and the State of Democratic Party. Mike Turpen, when they give every county in Delaware an Oklahoma is that he is committed to it was announced that Scott Pruitt was F rating in air quality. They categorize conventional energy sources and that going to be tapped to be head of the those under ‘‘high ozone days’’ and one he is stuck in the past, dealing with oil EPA, released this statement: of three counties just barely skated by and gas. Oklahoma Attorney General Scott Pruitt with a D in particle pollution for Dela- I will tell you that Oklahoma is is a good choice to head up the Environ- ware, while in Oklahoma the two larg- rightfully right proud of its history of mental Protection Agency. I am convinced est metropolitan areas actually re- oil and gas in our State. We have un- Scott Pruitt will work to protect our natural locked resources that have absolutely habitats, reserves and resources. His vision ceived an A from the American Lung for a proper relationship between protection Association. Similarly, in that same powered our Nation forward. We also and prosperity makes him superbly qualified study, Rhode Island lacks a single have an incredible group of visionaries to serve as our next EPA administrator. county that doesn’t get an F for air in our State that are driving renewable That is from the former head of the quality on high ozone days, while only resources as fast as we are driving oil Oklahoma Democratic Party. two counties received passing grades and gas in our State. So far, my colleagues have found a for particulate pollution. For all the folks that are here bash- good reason for every Cabinet nominee The accusation that somehow the ing oil and gas, I would remind you to delay, delay, delay. This has now American Lung Association has looked that you traveled to Washington, DC, been the slowest confirmation process at Scott Pruitt and his record on envi- on a plane, in a car, or on a train that for any President since George Wash- ronmental policy and has given us was powered by Oklahoma energy. So ington. The tradition has always been dirty air quality is not actually true you are welcome. And I will assume that the President won an election, and when you see the full study. that, 2 weeks from now, when we re- he should be able to hire his own staff What is interesting, as well, is that turn back for session, you are going to and his own Cabinet and get busy going the EPA publishes data about whether ride in on a horse just to be able to to work. That is what the American counties meet the national ambient air spite Oklahoma’s energy—probably people asked him to do. quality standards, and they have six not. But can I remind you of some- Scott Pruitt deserves an up-or-down criteria that the EPA puts out. In fact, thing? vote, and he deserves our trust to be recently they dropped their criteria What is often overlooked about Okla- able to take on and follow the law, significantly from the previous years. homa and what has not been stated doing what the EPA requires him to What is interesting, as well, is that for here is that Oklahoma truly is an all- do. Oklahoma, last week, the EPA released of-the-above energy State—solar, hy- Scott Pruitt is a friend. I understand their national ambient air quality droelectric, geothermal, wind, oil, gas, that some of the folks who have at- standards, trying to determine which and coal. tacked him have only met him at a counties had attainment of the stand- Let me give you an example—just hearing or read about him on some ard or nonattainment. Guest what. one of the examples from that. Recent blog site. But I have prayed with Scott. Every single county in Oklahoma—all data shows that Oklahoma ranks third I have seen Scott struggle with the 77—have attainment. Even as to the nationally in total wind power. We just hard decisions that affect our State’s new standard that was just released, passed California for total wind produc- future. I have seen Scott listen to peo- that we don’t even have to operate tion. We are just barely behind Iowa ple from all sides of an issue, and I under, we already meet those standards and Texas. The installed capacity for have seen him take difficult stands. I for ambient air quality. Oklahoma alone—just in wind genera- think he will be an excellent EPA Ad- Meanwhile, Maryland has 12 counties tion—is 1.3 million households powered ministrator, and I think he will make in nonattainment for at least 1 of those by wind power out of Oklahoma. some wise choices to not only protect criteria. Connecticut has eight coun- I will admit that I am a little biased what is happening now but to be able ties that don’t meet those standards. about my State. But I am weary of to help protect us for the future. California has 38 of their 58 counties hearing people inaccurately demean You see, Scott is a husband and a dad failing to meet those standards in at the air and water in Oklahoma and try as well, and he cares also about the fu- least 1 criteria. There are 77 counties to accuse it of something that is not ture of our country. I think he is going in Oklahoma, and every single one of true for their political benefit. to go after it, and he will be able to be them meets attainment. Here is my invitation to any Member an excellent Administrator in the days I don’t hear anyone standing on this of this body. Why don’t you come home ahead. floor challenging the attorney general to Oklahoma with me? I will buy you TRIBUTE TO BRYAN BERKY of California or of Maryland or of Con- some great barbecue and drive you Mr. President, I would like to take a necticut and demonizing them and ac- around the State. I will take you quick moment just to be able to re- cusing them of not taking care of the through the Green Country in the flect. I have a staff member named air and the water in their State. northeast part of the State, over to Bryan Berky. He is running off. He has By the way, I have also heard on this Kenton, OK, and Black Mesa to see the been quite a leader. He is leaving us to floor, as my State is being ripped apart majestic area around our panhandle. be able to take on a new task and a for political gain, over and over that We will drive four-wheelers in Little new role. asthma rates for children are cata- Sahara, and maybe we will drive down Since 2010, he has been a tremendous strophically high in Oklahoma and to Beavers Bend Park, stand under the asset to the Senate. Bryan Berky is a that Scott Pruitt should have been tall trees, and put our feet in the crys- student of Senate procedures. He is the more engaged, filing lawsuits so that tal clear water of that river. I will even one in the office whom everyone wishes asthma rates would go down—until you take you to my house in Oklahoma they had because, when something look at the CDC website for asthma City, a community of a million people comes up and someone has some novel rates for children. It is 10.1 in Okla- that exceeds the EPA air quality new idea of how the rules work, he is homa. One child is too many. It is 10.1 standards for ambient air quality. typically the one on the corner saying: percent in our State, but you can com- We say in Oklahoma: ‘‘The land we Yes, that really won’t work, and here is pare that to Rhode Island, which is belong to is grand,’’ and we mean it. why. 12.4; or Michigan, which is 10.7. We are passionate about our land, and He has been sharp on budget issues, Vermont beat us, by the way. They are we are passionate about our air and on tax issues, and efficiency in govern- 9.9—0.2 below us. water. I will tell you that Scott Pruitt ment. He has been the one who has Again, I don’t hear anyone on this is passionate about his State and what been passionate about the national floor calling out the attorneys general we do there. debt—and not just talking about na- of Vermont, Michigan, and Rhode Is- I will tell you how political this has tional debt but actually trying to solve land and saying they failed to protect really become. Mike Turpen is the it. their children because children have former attorney general of the State of You see, Bryan Berky is one of those asthma in their State. Oklahoma and, by the way, he is also unique staffers not trying to make a

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.070 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1269 point. He is trying to actually solve mental Protection Agency, Scott Pru- with imminent destruction. They are the problem. itt, recently said that the debate over forcing a city in Louisiana to relocate He was mentored by a guy named Dr. climate change is quote ‘‘far from set- its residents away from what is now an Tom Coburn, who wasn’t too bad on tled.’’ He wondered in December wheth- almost permanently flooded coast. By those issues himself. He has led well, er global warming is ‘‘true or not,’’ 2030, there won’t be any glaciers left in and I am proud that he has been on my whether it is caused by humans and Montana’s Glacier National Park. staff. whether the Earth is cooling instead of While extreme events and natural As he leaves from the Senate, he will heating. As attorney general of Okla- disasters become more frequent, so do be sorely missed by this whole body— homa, he sought to prevent the very the effects climate change has on our even by people who never met him. He Agency he has been nominated to lead daily lives. In my home State, 7 out of had an impact, based on the things from fighting climate change, suing 10 Coloradans know that climate that he worked on. the EPA 14 times. change is happening, and nearly half If you want to get a chance to visit It is important, I guess, to note that say they have personally experienced with Bryan Berky, though, you can while it is rare for somebody in Amer- its effects. Shorter winters are already talk about Senate procedures, tax pol- ica to share these views, Attorney Gen- a threat to Colorado’s $4.8 billion ski icy, and nerdy budget issues or you can eral Pruitt is not alone in his extreme and snowboard industry and its 46,000 chat with him about Oklahoma State views in the new President’s Cabinet. jobs. football. He spent his time through col- Rick Perry, the nominee to be Sec- Since the snow is melting sooner, lege working for the Oklahoma State retary of Energy, wrote in his book there is not enough water for what are football team, watching the films and that climate science is ‘‘all one con- now longer summers. Colorado’s farm- breaking down every single play, pre- trived phony mess’’ and that the Earth ers are forced to grow food with less paring the team for practice and for is actually ‘‘experiencing a cooling water, a changing growing season, and the game days. trend.’’ Ben Carson, the nominee to run higher temperatures. Our agriculture He is a great student of people and of the Department of Housing and Urban industry employs over 170,000 Colo- process. radans and contributes more than $40 I just want to be able to pass on to Development, said: ‘‘It is not clear if temperatures are going up or going billion a year to our economy. These the Presiding Officer that there is a changes are not only threatening farm- guy named Bryan Berky who is leaving down.’’ Rex Tillerson, the new Sec- retary of State, said: ‘‘None of the ers’ livelihoods, they are changing pro- the Senate in the next week, and he duction and food prices at grocery will be sorely missed by this Senate models agree on how climate change works.’’ Mr. Trump’s CIA Director, stores. and by our team in the days ahead. Our beer industry is even weighing Mike Pompeo, said: ‘‘There are sci- With that, I yield the floor. in. This week, I received a letter from entists who think lots of different The PRESIDING OFFICER. The Sen- 32 brewers from around the country, in- things about climate change.’’ ator from Colorado. cluding three from Colorado, who op- When the Pope was talking about the Mr. BENNET. Mr. President, last pose Scott Pruitt’s nomination because importance of addressing climate year was the hottest year on record, they depend on America’s clean water change, which he said was a very real and 16 of the last 17 years have been resources to brew their beer. the warmest years ever recorded. Cli- threat, there was an American politi- Hotter summers and the droughts mate change science is some of the cian who said that the Pope should they prolong cause wildfires that now most thoroughly established and well- stick to religion and that he wasn’t a burn twice as much land every year tested research in history, and 97 per- scientist. In fact, the Pope studied than they did 40 years ago. Together, cent of the published research says cli- chemistry. I am glad he is using his State and Federal agencies are paying mate change is real and caused by hu- voice on this important issue. nearly $4 billion a year to fight those mans. To be clear, some nominees seem to fires. Warmer waters and drought are Climate change is an urgent threat have undergone a confirmation process hurting animals everywhere, like our to our health, our national security, evolution on climate, but this seems cutthroat trout populations in Colo- and our economy. How we address it is more an effort to hide their extreme rado. That is not just a problem for the what we need to debate, not whether it views in an effort to be confirmed rath- fish; in Colorado, rivers generate more is real. er than a genuine conversion based on than $9 billion in economic activity As I have said before, I will work facts or science, and that is a shame every year, including supporting nearly with anyone in this Chamber—Repub- because the world cannot wait for this 80,000 jobs. lican or Democrat—to address this administration to stop ignoring the As warmer temperatures increase issue. That is appropriate because sur- science. and spread across regions, so do inci- vey after survey of people in Colo- Over the past 150 years, human activ- dents of vector-borne diseases like the rado—a State that is a third Demo- ity has driven up greenhouse gas levels West Nile virus and the hantavirus. cratic, a third Republican, and a third in our atmosphere higher and faster And what do we do when we have Independent—demonstrates that they than at any time over the last 400,000 longer, hotter summers? We crank up believe the science, no matter which years. That is not surprising because the air-conditioning, burning more fos- party they belong to. we have pumped almost 400 billion sil fuel and only perpetuating the prob- In a very welcome sign, just last metric tons of carbon into the atmos- lem. week, a group of statesmen, including phere since the start of the Industrial I understand that sometimes it is former Secretary of State James Baker Revolution. As a result, carbon dioxide hard to focus on climate change when III, former Secretary of State George concentrations have risen from 280 the effects seem distant, but it should Shultz, and former Secretary of the parts per million to 400 parts per mil- be impossible to ignore the immediate Treasury Henry Paulson, Jr.,—all Re- lion for the first time in recorded his- national security threat posed by cli- publicans—released what they de- tory. That significant change over an mate change that is here today. Here scribed as a ‘‘conservative climate so- insignificant period of time is dramati- in the Senate, in 2015, we passed a lution.’’ cally changing the Earth. These emis- budget amendment with bipartisan These distinguished leaders have sions act like closed car windows: They support to promote ‘‘national security come together at just the right mo- allow light and heat in, but they don’t by addressing human-induced climate ment—at the perfect moment—because allow most of the heat to ever escape. change.’’ That is what the amendment our new President says that he is ‘‘not Already, record heating has melted said. It got bipartisan support. a big believer’’ in climate change. In ice sheets as large as Texas, Georgia, The former Secretary of Defense, the fact, he claimed during the campaign and New York combined, adding bil- former Director of National Intel- that climate change was a hoax in- lions of tons of water to our oceans ligence, and the former admiral in vented by the Chinese to make U.S. every year. These rising seas have par- charge of U.S. Naval forces in the Pa- manufacturing noncompetitive. tially submerged cities in Florida and cific have all warned us that climate Consistent with that view, the Presi- Georgia several times per year. They change is a threat to our national secu- dent’s nominee to run the Environ- threaten 31 towns and cities in Alaska rity.

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.071 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1270 CONGRESSIONAL RECORD — SENATE February 16, 2017 Around the world, climate change is cantly led to job losses in this country We also have to take advantage of increasing natural disasters, refugee is false. This argument is a fraud per- the changes in energy production to flows, and conflicts over basic re- petrated by politicians making prom- fuel economic growth and create new sources like food and water, compli- ises that are broken from the start. jobs. Already, renewable energy is cre- cating American involvement and se- The reality—and it is important to ating jobs throughout the country. En- curity. Climate change is linked to understand the reality so we can rem- ergy efficiency employs 2.2 million drought and crop loss and failure in edy the situation—the reality is that Americans. Solar and wind companies southern Africa, leaving more than 6 free market forces and not mostly Fed- employ more than 360,000 Americans, million children malnourished by fam- eral regulation are transforming Amer- including more than 13,000 in my home ine. It is increasing monsoons and heat ican electricity production. State of Colorado. Colorado now ranks waves in Pakistan, driving 11 million American coal employment peaked first in the country in wind energy people out of their homes. It is even in the early 1980s, long before we began manufacturing. All together, clean en- connected to water and food shortages seriously expanding natural energy. ergy employment grew 29 percent be- that have intensified civil unrest from Natural gas has been gaining market tween 2009 and 2014 in Colorado. Egypt to Syria. share compared to coal since before This isn’t a Bolshevik plot, as I said At home, climate change already has 1990. Colorado, for example, has bene- on the floor before. These are American cost us billions to relocate and buffer fitted greatly from the natural gas jobs. These are manufacturing jobs. military infrastructure from coastal boom. In almost every part of the These are plants where it is not just erosion and protect military installa- United States, natural gas plants are about the wind turbine but about all of tions from energy outages. At the U.S. now cheaper to build than coal plants. the supply chain that goes along with Atlantic Fleet in Norfolk, VA, the larg- Facilities that were built when I be- it that can’t be made in China and est naval installation in the world, sea came a Senator 8 years ago were built shipped to the United States and in- levels have risen over 1 foot in the past to import natural gas and are now stalled here. These jobs in this supply 100 years. All the systems that support being retrofitted to export natural gas chain are American jobs. They are good military readiness, from electrical util- to the rest of the world. That is good jobs that pay a good wage, and they are ities to housing at that base, are vul- for our environment, and it is good for meaningful to our economy. Last year, nerable to extreme flooding. the geopolitical position of the United solar jobs grew 17 times faster than When the Department of Defense States. jobs in the rest of the national econ- ‘‘recognizes the reality of climate Innovation is making renewable elec- omy. They increased by 20 percent in change’’—those are their words—‘‘and tricity more affordable for everybody. Colorado in 1 year. the significant risk it poses to U.S. in- Between 2008 and 2015, the cost of wind The expansion of natural gas, as I terests globally,’’ we should listen. power fell 41 percent. The cost of large- mentioned earlier, is also aiding our When the Nation’s most recent na- scale solar installations fell 64 percent. transition to a cleaner energy econ- tional security strategy says that ‘‘cli- This has led to a 95-percent increase in omy. Between 2005 and 2012, natural gas mate change is an urgent and growing solar deployment in 2016 over the pre- production grew by 35 percent in the threat,’’ we should act. vious year. The annual installation United States. In Colorado, it expanded As a Senator from Colorado, I under- doubled in 1 year. by 139 percent. Colorado now ranks stand very well why people sometimes If we truly want to support our world sixth in the country in natural gas pro- are frustrated when the EPA, for in- communities, we should listen to duction as 10 of the Nation’s 100 largest stance, does take action—or sometimes Teddy Roosevelt, who once said that natural gasfields are now located in when it doesn’t take action. ‘‘conservation and rural-life policies Colorado. There are certainly some regulations are really two sides of the same policy; These industries together create that don’t make sense, where a well-in- and down at the bottom this policy good-paying jobs that can’t be exported tentioned idea or an ill-intentioned rests upon the fundamental law that overseas; and all of these changes, idea—I think they are usually well-in- neither man nor nation can prosper un- taken together, are beginning to ad- tentioned—from Washington ends up less, in dealing with the present, dress climate change. From 2008 to not making sense when it hits the thought is steadily given to the fu- 2015, the American energy sector re- ground. That is why I fought to revise ture.’’ duced its carbon emissions by 9.5 per- EPA fuel storage tank regulations that The truth about the future is that cent. We reduced our carbon emissions hurt Colorado farmers, ranchers, and there may be a lot of sound reasons to by almost 10 percent while the coun- businesses in my home State. I sup- review, revisit, and even retire any try’s economy grew by more than 10 ported an amendment making the number of Federal regulations, and I percent, and we are starting to see the Agency take a look at a new regulation will bet there are, but cutting regula- same trend around the world. Global that burdens families trying to re- tion will not reopen shuttered coal emissions stayed flat in 2015 while the model older homes. There are other mines. global economy grew. Turning our regulations that I voted to get rid of. I It is not about regulations or the backs on reality is not a recipe for job supported, for instance, lifting the ex- EPA or about a War on Coal. Economic creation in this country, but embrac- port ban on crude oil from the United factors, market factors are driving the ing the reality is. States of America, a bill that we shift from coal to natural gas and re- So I would ask this new President, passed last year in connection with a 5- newables, and we need to recognize this after the campaign he ran and the year extension of the tax credits for shift and help coal communities adapt promises he made, why he would pro- wind and solar energy, a great deal for to a changing energy economy. They mote policies that will kill American the State of Colorado—both the lifting have contributed to building the eco- jobs and industries. Unfortunately—I of the crude oil export ban and the ex- nomic vitality of this country. Their regret to say this—even though 70 per- tension of the tax credits for wind and work helped us win World War II. We cent of Coloradoans say climate change solar. have to recognize the contribution; we is real and that humankind is contrib- I have also supported and fought for can’t just turn our backs. But we also uting to it, the answer to my question our coal community. In Colorado, need to acknowledge what is causing about this administration’s policies working with my colleague Senator the changes that are occurring in our comes back to what it believes—to GARDNER, I fought to keep a Colorado energy production because if we can’t what it believes is a debate on climate mine open to protect good-paying jobs acknowledge the causes, we can’t fix change. in my State. I am proud to have a hard the problem; we can’t make a meaning- If we allow science to become debat- hat in my office bearing the signatures ful difference for people in the commu- able, we can contort our thinking to fit of the people who work at that mine. nities that are affected by these any fiction at all to support or under- I have to say tonight that the often- changes; we can’t fulfill what have be- mine any public policy. We risk dis- asserted claim that efforts to regulate come empty political promises instead carding facts we don’t like and ignor- carbon or more generally to protect of making real commitments on behalf ing experts with whom we don’t agree our water and our air have signifi- of the American people. in favor of special interests, which

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.072 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1271 often dominate our political system. head the Environmental Protection is far too great for any one State to Our country needs more from us than Agency. tackle. that. Our national defense demands Mr. President, I yield the floor. To do all of this, the EPA routinely more than that from us. The PRESIDING OFFICER. The Sen- turns to local governments, businesses, When State Department analysts ator from Massachusetts. and innovative workers for local solu- concluded with evidence, with science, Ms. WARREN. Mr. President, I rise tions; the EPA turned to the Univer- that the Keystone Pipeline would not to express my strong opposition to sity of Massachusetts to create a re- materially increase carbon emissions— President Trump’s nomination of Scott search center to assist smalltown facts lost in the phony debate here in Pruitt to be the next Administrator for water systems; the EPA turned to Washington—I voted for it against in- the Environmental Protection Agency. towns along Cape Cod and on Martha’s tense opposition from my own party The reason is simple. In a choice be- Vineyard to pursue innovative solu- and many of my strongest supporters. tween corporate polluters and people tions to increase coastal resiliency as That was a painful vote, one of the who want to breathe air and drink sea levels have risen; and the EPA re- most painful I have ever taken and dif- water, Scott Pruitt sides with the cor- cently recognized New Bedford’s excep- ficult to explain to many people I ad- porate polluters. He has no business tional work in monitoring industrial mire, but I was guided by the facts, not being the head of the EPA. waste discharge in the city’s collection by politics, guided by the science, not During his nomination hearing, Mr. system. by politics. Pruitt had countless opportunities to Across Massachusetts and across the We have always drawn strength as a answer for his record. His responses Nation, the EPA sets big national goals country from our belief in science, our were flippant, evasive, and outright that help inspire ingenious local solu- confidence in reason and evidence. It is misleading. He has been asked repeat- tions. The EPA is one of our great suc- what Harry Truman called our ‘‘un- edly to provide records from his office cesses as a nation, but that success has flinching passion for knowledge and concerning dealings with big oil com- not come without a fight. Each time truth.’’ In school, we teach children to panies, but he told the Senators that, the EPA has taken a step to clean our support theories with facts and look to hey, they should submit an open air, industry has poured more and more science to explain the world. When it records request, hoping that his con- money into the debate, yelling that comes to climate change, we cannot firmation would be over long before regulation is just too costly and that allow the narrow limits of political ex- those documents would see the light of companies can never survive if they pediency and special interests to cloud day. have to clean up their act. our sound judgment. That is not a les- Just a few hours ago, an Oklahoma In the 40 years following the Clean son we should be teaching our children district court judge ordered a dose of Air Act, emissions of common air pol- who need us to act on climate. That sunshine for Mr. Pruitt’s dirty dealings lutants fell nearly 70 percent while the would set a horrible example for the from his perch as attorney general of number of private sector jobs doubled. people who are coming after us. Oklahoma. The judge has demanded Industry talks about the costs of pollu- Our ultimate success in addressing that Mr. Pruitt cough up more than tion controls because dirty is cheap. climate change will rely on the same thousands of emails pertaining to his Clean air saves more than 160,000 lives scientific method that sent us to the cozy relationship with Big Oil—emails each year. Clean air saves more than 3 Moon and eradicated smallpox. If we he has been hiding from Oklahoma million schooldays our children would surrender evidence to ideology, when it open records requests for over 2 years, have collectively lost. Clean air saves comes to climate change, we abandon but the Republican leadership is not in- 13 million workdays the hard-working, the process of scientific inquiry. We terested in waiting. Its plan is to jam healthy Americans simply can’t afford leave ourselves completely unequipped this nomination through tomorrow—4 to miss. to defend what we discover to be true. days before the emails are slated to be- Scott Pruitt doesn’t measure success We loosen our grip on the science that come public. by this yardstick. No. He measures suc- allows us to understand that evolution Are you kidding me? cess by how happy his corporate donors is real and vaccines are effective; that If those emails show corruption, are. As Big Oil’s go-to attorney general something is true and something else is every Senator should have that infor- from Oklahoma, Pruitt has spent the false. That, not doubt and denial, is the mation before—not after—they vote to last 6 years trying to silence the life- lesson we should leave our children; put someone in charge of the EPA who saving, data-driven work of dedicated that we have the courage to confront may be there for years. EPA employees and scientists. And this challenge without bias; that we Clean air and clean water used to be now, those big polluters have their fan- have the wisdom to follow facts wher- a nonpartisan issue. In earlier decades, tasy EPA nominee—someone who will ever they lead. That is what this Sen- leaders in both parties had the courage work on their side and not on the side ate should do. That is what our coun- to say no to suffocating smog and tow- of the American people. try should do. ering plumes of toxic chemicals poi- How about a couple of examples. We have seen the evidence now. It is soning our children. Republicans and When EPA issued a rule to limit mer- not theoretical anymore that we can Democrats came together, and to- cury, arsenic, and other toxic chemical grow our economy, the fact that we gether they declared that access to emissions from coal powerplants, Mr. will grow our economy, that we can clean air and clean water was a basic Pruitt questioned whether mercury conserve energy while we do it, that we right for all Americans. We passed the poses a health hazard. Mercury is a can create entirely new industries and Clean Air Act, and we passed the Clean well-known neurotoxin. It means that technologies to power the most signifi- Water Act. We updated those laws it poisons the nervous system. And cant economy that human beings have when necessary, and we did those Scott Pruitt thinks he should question ever seen in the history of the world, things together. whether it poses any health hazard. and that we can deal with climate at Together, we depend on the Environ- Wow. the same time. The two are linked. mental Protection Agency for three Or maybe it is this example. When Apparently, that is not what this critical reasons: The EPA is the cop on the EPA moved to reduce leaks of President believes, and that is not the beat, protecting American families methane, a greenhouse gas that is 30 what his nominee to be Administrator from corporate polluters that would times more potent than CO2, he turned of the Environmental Protection Agen- put profit ahead of safety. It watches the Oklahoma AG’s office into a clear- cy believes. Because that is so far out out for us and for our children; the inghouse for big oil to pursue lawsuits of step with what Colorado believes and EPA exists because pollution knows no attacking the EPA. Scott Pruitt has for all of the reasons I have talked State borders. What is burned at the spent so much time with his campaign about today and for the sake of our cli- powerplant in Ohio is breathed by chil- donors that he honestly appears in- mate and for good-paying American dren across Massachusetts; and the capable of understanding the difference jobs all over this country—but particu- EPA takes on the ever-changing task between the financial interests of mil- larly in Colorado—I am compelled to of researching, monitoring, and regu- lionaires who run giant oil companies vote no on the President’s nominee to lating toxic emissions because the job and the health and well-being of the 4

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.074 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1272 CONGRESSIONAL RECORD — SENATE February 16, 2017 million human beings who actually ships but by rising seas; droughts and the EPA to protect the nation’s water and live in Oklahoma. wildfires are all too familiar across the air quality is in direct conflict with his re- The people need a voice more than country. Refugees are fleeing homes sponsibilities as EPA Administrator to en- ever. For generations, Oklahoma has that are no longer livable. And the risk sure that the agency’s important work con- tinues. In fact, his record clearly shows that had very few earthquakes. Then, oil of rapidly spreading diseases like ma- his loyalties side with polluters instead of companies decided to up production, to laria and Zika is on the rise. with the environment and the welfare of the pull every last drop of oil out of the Our coastal communities don’t have American people. Of particular concern is ground. But with every drop of oil time for politicians who deny science. Mr. Pruitt’s refusal to accept the science of came useless, toxic radioactive salt Our farmers don’t have time for more climate change and the implications this has water waste, and it has to go some- debate. Our children don’t have time for EPA’s ongoing efforts to reduce green- where. So they took the cheapest op- for more cowards who will not stand up house gas emissions. tion available: Pump billions of barrels to big oil companies defrauding the In addition, the EPA has most recently played a vital role in furthering efforts to of wastewater deep underground, under American people. protect and restore water quality through its immense pressure, and that is when the Scott Pruitt has been working hard Southeast New England Program (SNEP) for problems started. Suddenly, earth- for big oil to dismantle the EPA, and Watershed Restoration, a program that has quakes—big earthquakes with a mag- now, President Trump wants to give greatly benefited coastal communities in nitude of 3.0 and above, started occur- him that chance. Rhode Island and southeastern Massachu- ring every day across Oklahoma. Where are the Senators who will setts. We worry that important initiatives Here was Mr. Pruitt, the State attor- stand up for the health, the welfare, such as the SNEP program, which was origi- ney general, the people’s lawyer. What and the safety of their citizens? Where nally proposed by Senator REED with the did he do? Did he seek relief for the are the Senators who will stand up for strong support from each of you, will be in jeopardy under the oversight of Mr. Pruitt, families that were stiffed by insurance the people’s right to breathe clean air should he be confirmed as EPA Adminis- companies? Did he join residents who and drink clean water? Where are the trator. were suing to stop the drilling while Senators who will have the courage to The New England states, as well as the en- their homes crumbled? Did he even pre- demand action on climate change so tire nation, have made significant strides tend to do something—you know, like that our children will have a chance to forward in addressing the protection of our maybe issue a strongly worded press inherent a livable Earth? air and water. However, much more needs to release supporting frightened citizens? In the end, despite this despicable be accomplished. With so much at stake, we No, not Mr. Pruitt. No, Mr. Pruitt record, if the Republicans link arms cannot afford to step backward in our effort to protect the environment. We, therefore, stood by his friends in the oil industry, again, there will not be enough of us to urge you to oppose the nomination of Mr. and the heck with everybody else. stop this nomination. But make no Pruitt for EPA Administrator. Mr. Pruitt has been consistent in his mistake, if President Trump wants a Thanks, Edward, for writing, and work for big oil. As attorney general, fight over the health of our children, a thanks to all of you at the Association he dismantled the environmental pro- fight over the creation of clean energy to Preserve Cape Cod for the work you tection unit in his office—dismantled jobs, a fight over the very future of our are doing every single day. It makes a the environmental protection unit. He planet, then we will fight every step of real difference. appointed a billionaire oil man to be the way. While all sorts of people have written his 2014 campaign chair, and he ignored We will fight alongside moms and to my office about Mr. Pruitt, I have the citizens he was sworn to protect. dads who know the terror of a child- noticed that a lot of people are writing That is the measure of Mr. Pruitt as a hood asthma attack. We will fight in about kids—their kids, kids they public servant. alongside the cancer victims. We will work with, or just kids in general. My A State attorney general is supposed fight alongside the fishermen and the constituents are concerned about Scott to serve the people. Right now, Massa- hunters. We will fight alongside the Pruitt’s commitment to protecting the chusetts attorney general Maura families of Flint, MI, and everywhere air our kids breathe and the water they Healey is leading the case to prove that else in America where families cannot drink, and I share those concerns. ExxonMobil deliberately deceived the safely turn on their water taps or step I heard from Mary in Worcester, who public about the impact of climate outside and take a deep breath. change on our economy, our environ- We are all in this together. is concerned about the effects of envi- ment, our health, and our future. Good People in Massachusetts care deeply ronmental toxins like lead on children. for Maura. Did Scott Pruitt join that about preserving a safe and healthy en- She is concerned both as a parent and suit? Of course not. Pruitt ran to the vironment for our kids and our as a family doctor. Here is what Mary defense of one of the world’s largest grandkids. We see it as a moral ques- had to say: corporations, whining about how that tion. And I receive letters from people With so much focus in Washington on en- corporation felt bullied. Instead of all across the State, describing how im- suring politicians are held to a strong eth- portant clean air and clean water are ical standard, I ask you to oppose the nomi- working as the attorney general for nation of Scott Pruitt as EPA Adminis- Oklahoma, Mr. Pruitt has served as the to them and how worried they are trator. I wrote to you yesterday asking the attorney general for Exxon. about what Scott Pruitt leading the same, but after the hearing yesterday, it is Finally, Scott Pruitt has the nerve EPA will mean for our most vital nat- increasingly clear that Mr. Pruitt is unfit. to say that the cause of climate change ural resources. I hear those concerns In addition to being a parent, I am also a is ‘‘subject to more debate.’’ More de- and I share those concerns. Family Medicine physician. Rarely, I see bate? We had that debate in the 1980s, I would like to read just a few of the children who are exposed to lead through en- in the 1990s, in the 2000s. Maybe Mr. many letters that I have received vironmental sources. This is rare because Pruitt missed it, buried under a pile of about this nomination. lead has been regulated, and as such rates of lead poisoning, and the accompanying irre- big oil money. Edward from Dennis wrote to me on versible brain damage, have plummeted. So let me just offer a summary. For behalf of the Association to Preserve But yesterday Mr. Pruitt revealed that he well over a century, we spewed fossil Cape Cod about the importance of the knows nothing about this issue, responding fuel filth into our atmosphere. And, EPA to coastal communities in Massa- to Senator Cardin, ‘‘Senator, that is some- yes, this allowed us to fuel the thirsty chusetts. Here is Edward’s letter: thing I have not reviewed nor know about.’’ appetite of our 20th century economy. The Association to Preserve Cape Cod I continue to ask you to oppose him and to But that blistering pace came at a (APCC), the Cape Cod region’s leading non- encourage colleagues to do the same. price. profit environmental education and advo- Thank you for writing, Mary. That is Our planet is getting hotter. Our cacy organization, writes to state our strong why I am here tonight—to encourage coasts are threatened by furious storm opposition to the appointment of Oklahoma my colleagues to oppose him. surges that sweep away homes and dev- Attorney General Scott Pruitt for the posi- I heard from Elizabeth in tion of Administrator of the Environmental astate our largest cities. Our poorest Protection Agency. We urge you to vote Belchertown, as well. Here is what she neighborhoods are one bad storm away against his nomination. wrote: from being under water. Our naval APCC is deeply concerned that Mr. Pruitt’s As a resident of MA and a teacher of AP bases are under attack—not by enemy record of vigorously opposing the efforts of Environmental Science in a public high

VerDate Sep 11 2014 06:56 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.076 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1273 school in western MA, I am writing to ex- of the Democrats. We just need some Our nation has made tremendous progress press my concern about the appointment of Republicans to help us out here. in ensuring that every American has clean Scott Pruitt as director of the EPA. He ap- Joan from Maynard reached out to air to breathe, clean water to drink and pears to be the exact opposite of the quali- me about her experience working with uncontaminated land on which to live, work fications and perspective of a person who and play. Anyone who visits Beijing is re- should have that position. As you know, he children who have suffered from lead minded of what some cities in the U.S. once has close ties to fossil fuels, has repeatedly poisoning. Here is what Joan wrote: looked like before we went to work as a peo- sued the EPA, avoided mercury legislation, I have been an Educational Advocate for ple to combat pollution. Much of the EPA’s and espoused the belief that the EPA is too children with disabilities for 24 years. I’ve work involves preserving those gains, which powerful. I urge you to work with other Sen- worked with children who suffer from lead should not be taken for granted. There are ators to block this appointment. poisoning, and they are heartbreaking. Even also emerging new threats as well as serious Thank you, Elizabeth. The work that the smallest exposure has life-long profound gaps in our environmental safety net, as the consequences. I haven’t personally seen any- drinking water crisis in Flint, Michigan, you are doing, that teachers are doing, thing the level of what has happened in painfully demonstrates. is more vital than ever now, and I Flint, MI, but I know that it’s a tragedy for Our environmental laws are based on a share your concerns. Thank you. a generation of children in Flint. partnership that requires EPA to set na- A man from Boston wrote to me with Pollution of our waters is just one of the tional standards and give states latitude concerns about Scott Pruitt’s ties to risks we face if Scott Pruitt is approved. when implementing them so long as certain fossil fuel companies, and here is what There are countless more, many evident and minimum criteria are satisfied. This ap- he said: others not readily apparent, but ready to un- proach recognizes that Americans have an fold. Please, please fight this appointment in equal right to clean air and water, no matter As a constituent who cares about our envi- every way you can. where they live, and allows states to com- ronment, I want you to know I am deeply pete for business without having to sacrifice concerned about the nomination of Scott Thank you, Joan, for writing and for public health or environmental quality. Pruitt to lead the Environmental Protection the important work you do. Believe Our environmental laws include provisions Agency. me, I am fighting in every way I can. directing EPA to allow for a ‘‘margin of safe- Scott Pruitt is firmly in the pocket of the A man from North Falmouth wrote ty’’ when assessing risks, which is intended oil and gas industry. He is not concerned to me, worried that the progress we to limit exposure to pollutants when it is with the world we leave for our children. As have made on protecting public health reasonable to expect they may harm the pub- a father and an educator, I am fighting his and the future of our planet is in dan- lic health, even when all the scientific evi- nomination because I have a responsibility dence is not yet in. For example, EPA’s first to care about the world I leave children and ger. Here is what he said: Administrator, Bill Ruckelshaus, chose to not merely the wealth my cronies accumu- Oklahoma Attorney General Scott Pruitt limit the amount of lead in gasoline before late. is a lifelong ally of corporate polluters. Pru- all doubt about its harmfulness to public Pruitt has actively worked to dismantle itt’s nomination is a clear threat to the na- health was erased. His actions spared much protections for clean air and clean water tion’s public health and the progress made of the harm that some countries still face as that people and birds need to thrive. The on common-sense pollution standards. I can- a result of the devastating effects of lead on EPA must adhere to science and support not tolerate the appointment of a fossil fuel human health. Similarly, early action to re- common-sense solutions for ensuring a cheerleader to lead the nation’s environ- duce exposure to fine particle pollution healthy environment and stable climate for mental protection efforts. In 2014, Pruitt lit- helped avoid thousands of premature deaths people and wildlife. erally acted as a messenger between Devon from heart and lung disease. The magnitude Please oppose confirming Scott Pruitt and Energy and the EPA in an attempt to stifle and severity of those risks did not become demand a nominee instead who will rep- public health protections. apparent until much later. resent the vast majority of Americans—re- Please continue to defend the Clean Power Mr. Pruitt’s record and public statements gardless of party affiliation—who support Plan and methane pollution standards strongly suggest that he does not share the strong action and safeguards for our air, against the influence of the fossil fuel indus- vision or agree with the underlying prin- water, and climate. try. 64% of Americans are concerned about ciples of our environmental statutes. Mr. I couldn’t agree more with what he climate change, we deserve a leader who will Pruitt has shown no interest in enforcing said. take action to protect air quality. those laws, a critically important function Thanks for writing. I really appre- for EPA. While serving as Oklahoma’s top Wendy from Newton wrote to me law enforcement officer, Mr. Pruitt issued about the concerns as well. Here is ciate it. more than 50 press releases celebrating law- what she had to say: Since President Trump nominated suits to overturn EPA standards to limit Dear Senator, I am appalled and scared by Mr. Pruitt, I have received hundreds of mercury emissions from power plants, reduce the possibility of Scott Pruitt to head the letters like these from people in Massa- smog levels in cities and regional haze in EPA. It will be disgraceful if he is confirmed. chusetts who are worried about what parks, clean up the Chesapeake Bay and con- To appoint someone who stands against ev- he will mean for the environment and trol greenhouse emissions. erything that agency is for is cynical, dis- for the future of our planet, but I have In contrast, none of Mr. Pruitt’s many respectful and dangerous in this urgent time press releases refer to any action he has also heard from the experts, people who taken to enforce environmental laws or to of climate change. Now more than ever we understand the ins and outs of the EPA need a strong EPA that believes in science actually reduce pollution. This track record and will protect us from environmental dis- and its mission. Hundreds of former likely reflects his disturbing decision to aster. I hope you will do everything you pos- EPA employees who have serious con- close the environmental enforcement unit in sibly can to fight against Pruitt getting con- cerns about Mr. Pruitt’s record on the his office while establishing a new litigation firmed. environment sent a letter to me and team to challenge EPA and other federal agencies. He has claimed credit for an agree- Thank you for writing. my colleagues here in the Senate. Here is what they wrote: ment to protect the Illinois River that did I also heard from Arlene in Wayland, little more than confirm phosphorus limits who is worried about what the future of We write as former employees of the Envi- established much earlier, while delaying the EPA means for her two grand- ronmental Protection Agency (EPA) to share their enforcement another three years. children. Here is what she had to say: our concerns about Oklahoma Attorney Gen- In a similar vein, Mr. Pruitt has gone to eral Scott Pruitt’s qualifications to serve as Senator Warren, please assure your con- disturbing lengths to advance the views and the next EPA Administrator in light of his stituents that you will not support Scott interests of business. For example, he signed record in Oklahoma. Our perspective is not Pruitt’s nomination to head the EPA. Mr. and sent a letter as Oklahoma Attorney Gen- partisan. Having served under both Repub- Pruitt is an enemy of the agency and of the eral criticizing EPA estimates of emissions lican and Democratic presidents, we recog- future of our environment. He has stood in from oil and gas wells, without disclosing nize each new Administration’s right to pur- the way of the agency’s purpose to protect that it had been drafted in its entirety by sue different policies within the parameters our air and water. He is ignorant of the find- Devon Energy. He filed suit on behalf of of existing law and to ask Congress to Oklahoma to block a California law requir- ings of climate science and medical studies change the laws that protect public health ing humane treatment of poultry. The fed- on toxicity, has dealt dishonestly with Con- and the environment as it sees fit. eral court dismissed the case after finding gress, and is so obviously in the pocket of However, every EPA Administrator has a that the lawsuit was brought not to benefit the fossil fuel industry. Please use your con- fundamental obligation to act in the public’s the citizens of Oklahoma but a handful of siderable persuasiveness and rigor to con- interest based on current law and the best large egg producers perfectly capable of rep- vince your colleagues in the Senate to ditch available science. Mr. Pruitt’s record raises resenting their own interests. To mount his his nomination. The future of my two grand- serious concerns about whose interests he challenge to EPA’s rules to reduce carbon children depends on it. Thank you. has served to date and whether he agrees pollution from power plants, he took the un- Thank you for your note, Arlene. I with the longstanding tenets of U.S. environ- usual step of accepting free help from a pri- am doing my best, and so are the rest mental law. vate law firm. In contrast, there is little or

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.077 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S1274 CONGRESSIONAL RECORD — SENATE February 16, 2017 no evidence of Mr. Pruitt taking initiative to going too far or not far enough. But in the Pruitt began suing the EPA to block the protect and advance public health and envi- large majority of cases it was evident to us Clean Power Plan more than two years ago. ronmental protection in his state. that they put the public’s welfare ahead of Now, Oklahoma is one of the 28 states chal- Mr. Pruitt’s office has apparently acknowl- private interests. Scott Pruitt has not dem- lenging the agency in court, and it helped edged 3,000 emails and other documents re- onstrated this same commitment. succeed in getting the Supreme Court to flecting communications with certain oil Thank you for considering our views. block the rules in February. and gas companies, but has yet to make any Thank you to all who signed that let- But Pruitt’s understanding of the bill of these available in response to a Freedom ter and for the incredibly important seems not entirely legally minded in two sig- of Information Act request filed more than nificant ways. First, Pruitt’s knowledge of two years ago. work that you have done to protect our global warming appears to be lacking, at Contrary to the cooperative federalism environment. I am with you all the best. Earlier this year, for instance, he wrote that he promotes, Mr. Pruitt has suggested way. in the National Review that ‘‘scientists con- that EPA should refrain from trying to con- Next, I wish to read an article pub- tinue to disagree about the degree and the trol pollution that crosses state lines. For lished by The Atlantic that uses Scott extent of global warming and its connection example, he intervened to support a Farm Pruitt’s actions to critique his appoint- to the actions of mankind.’’ Bureau lawsuit that would have overturned a ment to head the EPA. Actions speak While this sounds reasonable, it is not cooperative agreement between five states true. The overwhelming consensus among and EPA to clean up the Chesapeake Bay volumes louder than words, and his tell scientists who study the Earth is that hu- (the court rejected the challenge). When a pretty compelling story of exactly mans are largely to blame for the planet’s asked how a state can protect its citizens how he will lead the Agency. Here is warming. Climate scientists understood this from pollution that originates outside its what it says: to be the case since at least the early 1990s, borders, Mr. Pruitt said in his Senate testi- While broad strokes of Trump’s policies and since then, scholarly consensus on the mony that states should resolve these dis- were never in doubt, there was often enough issue has only strengthened. The majority of putes on their own, with EPA providing ‘‘in- bizarreness to wonder what he would do with scientists also believe that global warming formational’’ support once an agreement is the powers of the Environmental Protection will be quite harmful; the scientific debate reached. But the 1972 Clean Water Act di- Agency. about its ‘‘degree and extent’’ is only about rects EPA to review state water quality On Wednesday, those questions were all how bad it will be and how soon its con- plans, require any improvements needed to but settled. Trump has chosen E. Scott Pru- sequences will kick in. make waters ‘‘fishable and swimmable,’’ and itt, the attorney general of Oklahoma, to Second, Pruitt has worked extremely to review and approve plans to limit pollut- lead the EPA. . . . closely with oil and gas companies in oppos- ant loads to protect water quality. EPA’s In a certain light, Pruitt is an inspired ing the plan. In one case, a New York Times power to set standards and limit pollution choice to lead the EPA, as he has made fight- investigation revealed that Pruitt sent an of- that crosses state lines is exactly what en- ing the agency a hallmark of his career. His ficial letter to the EPA, bearing his signa- sures every American clean air and water, own website calls him ‘‘a leading advocate ture and letterhead, that had been almost and gives states the incentive to negotiate against the EPA’s activist agenda.’’ The sig- completely written by lawyers at Devon En- and resolve transboundary disputes. nificance could not be more clear: As he ergy, a major oil and gas company. It was de- We are most concerned about Mr. Pruitt’s promised on the trail, Trump will likely use livered to Pruitt’s office by Devon’s chief reluctance to accept and to act on the strong the powers of the presidency and the legal lobbyist. scientific consensus on climate change and expertise of Pruitt to block or weaken the Energy firms and lobbyists, including act accordingly. Our country’s own National Obama administration’s attempts to fight Devon, have donated generously to the Re- Research Council, the principal operating climate change. publican Attorneys General Association, arm of the National Academies of Science And Trump will be able to try for more which Pruitt has led. In interviews after the and Engineering, concluded in a 2010 report than that. For what distinguishes Pruitt’s Times report, Pruitt described the collabora- requested by Congress that human activity career is not just his opposition to using reg- tion as a kind of constituent service, saying is altering the climate to an extent that ulations to tackle climate change, but his that Devon is based in Oklahoma City. He poses grave risks to Americans’ health and opposition to using regulation to tackle any agreed with the letter’s legal reasoning, he welfare. More recent scientific data and environmental problem at all. Since he was said, so he signed it. ‘‘I don’t think there is anything secretive analyses have only confirmed the Council’s elected Oklahoma’s attorney general, in 2010, in what we’ve done,’’ Pruitt told The Okla- conclusion and added to the urgency of ad- Pruitt has racked up a sizable record—im- homan. ‘‘We’ve been very open about the ef- dressing the problem. pressive in its number of lawsuits if not in forts of my office in responding to federal Despite this and other authoritative warn- its number of victories—of suing the EPA. ings about the dangers of climate change, Many of these suits did not target climate- overreach.’’ Now Pruitt could be the one doing the fed- Mr. Pruitt persists in pointing to uncer- related policies. Instead, they singled out eral reaching. Environmental groups imme- tainty about the precise extent of human- anti-pollution measures, initiated under diately condemned Trump’s selection of him. ity’s contribution to the problem as a basis presidential administrations, that tend to be ‘‘The EPA plays an absolutely vital role in for resisting taking any regulatory action to popular with the public. enforcing long-standing policies that protect help solve it. At his Senate confirmation In 2014, for instance, Pruitt sued to block the health and safety of Americans, based on hearing, he stated that ‘‘science tells us that the EPA’s Regional Haze Rule. The rule is the best available science,’’ said Ken the climate is changing, and that human ac- built on a 15-year old program meant to en- Kimmell, president of the Union of Con- tivity in some manner impacts that change. sure that air around national parks is espe- cerned Scientists, in a statement. ‘‘Pruitt The ability to measure with precision the de- cially clear. Pruitt lost his case. gree and extent of that impact, and what to Last year, he sued to block a rule restrict- has a clear record of hostility to the EPA’s do about it, are subject to continuing debate ing how much mercury could be emitted into mission, and he is a completely inappro- and dialogue, and well it should be.’’ This is the air by coal plants. He lost that, too. priate choice to lead it.’’ Once, it had seemed like perhaps Trump— a familiar dodge—emphasizing uncertainty And early in his tenure, he sued to keep who speaks often of his adoration for clean about the precise amount of humanity’s con- the EPA from settling lawsuits brought by air and clean water—would bypass those old tribution while ignoring the broad scientific environmental groups like the Sierra Club. fights and only target Obama’s new climate consensus that human activities are largely That one was dismissed. rules. But with Pruitt leading his EPA, it responsible for dangerous warming of our He has brought other suits against EPA seems that Trump’s administration will act planet and that action is urgently needed be- anti-pollution programs—like one against like its GOP predecessors. Whether it is suc- fore it is too late. new rules meant to reduce the amount of Mr. Pruitt’s indulgence in this dodge raises ozone in the air—that haven’t been heard in cessful depends on the Senate, on the courts, the fundamental question of whether he court yet. While ozone is beneficial to hu- and on how well environmental advocates agrees with the precautionary principle re- mans high in the atmosphere, it can be in- make their case to the public. flected in our nation’s environmental stat- tensely damaging when it accumulates at Finally, I wish to share a few ex- utes. Faithful execution of our environ- ground level, worsening asthma and inducing cerpts from an in-depth New York mental laws requires effectively combating premature deaths. The American Lung Asso- Times article that uncovered Scott climate change to minimize its potentially ciation calls it ‘‘one of the most dangerous’’ Pruitt’s extensive ties to energy com- catastrophic impacts before it is too late. pollutants in the United States. panies. The article clearly explains the The American people have been served by All this is not to say that Pruitt has omit- EPA Administrators, Republicans and Demo- ted climate regulations from his litigation. massive conflicts of interest that Mr. crats, who have embraced their responsi- His most common target has been the Clean Pruitt would face as Administrator of bility to protect public health and the envi- Power Plan, the Obama administration’s set the EPA. Here is what it says: ronment. Different administrators have of Clean Air Act rules meant to reduce The letter to the Environmental Protec- come to different conclusions about how best greenhouse gas emissions from power plants. tion Agency from Attorney General Scott to apply the law in view of the science, and The Clean Power Plan is Obama’s main Pruitt of Oklahoma carried a blunt accusa- many of their decisions have been challenged mechanism for pushing the United States to tion: Federal regulators were grossly over- in court, sometimes successfully, for either meet its pledge under the Paris Agreement. estimating the amount of air pollution

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.079 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE February 16, 2017 CONGRESSIONAL RECORD — SENATE S1275 caused by energy companies drilling new I yield the floor. cies Act, to discharge their duties as natural gas wells in his state. f the leader of the EPA. But Mr. Pruitt left out one critical point. Something happened today that The three-page letter was written by lawyers EXECUTIVE CALENDAR for Devon Energy, one of Oklahoma’s biggest changes this whole debate. In Federal oil and gas companies, and was delivered to Mr. YOUNG. Mr. President, I ask law, there is something called FOIA, him by Devon’s chief of lobbying. unanimous consent that the Senate the public records law regarding Fed- ‘‘Outstanding!’’ William F. Whitsitt, who proceed to the consideration of all eral officials. Most State laws have at the time directed the government rela- nominations on the Secretary’s Desk; some kind of open records law, and tions at the company, said in a note to Mr. that the nominations be confirmed; Oklahoma is no different. There was a Pruitt’s office. The attorney general’s staff lawsuit against the Oklahoma attorney had taken Devon’s draft, copied it onto state that the motions to reconsider be con- government stationery with only a few word sidered made and laid upon the table general, Scott Pruitt, and it basically changes, and sent it to Washington with the with no intervening action or debate; said: Listen, you have to disclose the attorney general’s signature. ‘‘The timing of that no further motions be in order; emails between your office and a bunch the letter is great, given our meeting this that any statements related to the of energy industry companies. And the Friday with both the E.P.A. and the White nominations be printed in the RECORD; context here is absolutely important. House.’’ Scott Pruitt is not just a person who is Mr. Whitsitt then added, ‘‘Please pass and that the President be immediately along Devon’s thanks to Attorney General notified of the Senate’s action. bad on the issue of climate; this is a Pruitt.’’ The PRESIDING OFFICER (Mr. KEN- person who is a professional climate The email exchange from October 2011, ob- NEDY). Without objection, it is so or- denier. This is a person who has made tained through an open-records request, of- dered. his bones, politically and profes- fers a hint of the unprecedented, secretive al- The nominations considered and con- sionally, trying to undermine all the liance that Mr. Pruitt and other Republican authorities the EPA possesses. This is attorneys general have formed with some of firmed are as follows: the nation’s top energy producers to push NOMINATIONS PLACED ON THE SECRETARY’S a person who is a plaintiff in multiple back against the Obama regulatory agenda, DESK lawsuits, as the Oklahoma attorney an investigation by the New York Times has IN THE ARMY general, against the EPA. This is a per- found. PN16 ARMY nominations (2) beginning son who has not promised to recuse Out of public view, corporate representa- Jeremy D. Karlin, and ending Iraham A. himself when he is running the EPA. tives and attorneys general are coordinating So imagine that there are going to be legal strategy and other efforts to fight fed- Sanchez, which nominations were received eral regulations, according to a review of by the Senate and appeared in the Congres- pending lawsuits where he was the thousands of emails and court documents sional Record of January 9, 2017. plaintiff, and they are going to still be and dozens of interviews. IN THE NAVY before the EPA. He was asked in com- For Mr. Pruitt, the benefits have been PN17 NAVY nomination of Mathew M. mittee whether he would recuse him- clear. Lobbyists and company officials have Lewis, which was received by the Senate and self, because obviously it is prepos- been notably solicitous, helping him raise appeared in the Congressional Record of Jan- terous to be both the plaintiff and the his profile as president for two years of the uary 9, 2017. Republican Attorneys General Association, a defendant in a lawsuit. It just stands to post he used to help start what he and his al- f reason. He did not promise to recuse lies called the Rule of Law Campaign, which EXECUTIVE CALENDER—Continued himself. was intended to push back against Wash- So this is a person who has an incred- ington. The PRESIDING OFFICER. The Sen- ibly close, uncomfortably close work- ‘‘We are living in the midst of a constitu- ator from New York. ing relationship with the fossil fuel in- tional crisis,’’ Mr. Pruitt told energy indus- Mr. SCHUMER. Mr. President, I ask dustry. He may have that as a sin- try lobbyists and conservative state legisla- unanimous consent that of the tors at a conference in Dallas in July, after cerely held belief, but the Oklahoma being welcomed with a standing ovation. postcloture debate time under my con- State law requires that he disclose ‘‘The trajectory of our nation is at risk and trol, that 60 minutes be yielded to Sen- whom he is working with. Why is that at stake as we respond to what is going on.’’ ator SCHATZ, 60 minutes be yielded to relevant? Well, he actually had a cou- Mr. Pruitt has responded aggressively and Senator WHITEHOUSE, 35 minutes be ple of instances where he has taken with a lot of helping hands. Energy industry yielded to Senator MERKLEY, and 15 language given to him, sent to him by lobbyists drafted letters for him to send to minutes be yielded to Senator CANT- the EPA, the Interior Department, the Office email from oil companies, and he just of Management and Budget, and even Presi- WELL. copied it—select all, copy, drop it, dent Obama, the Times found. The PRESIDING OFFICER. Without paste it—onto Oklahoma attorney gen- Industries that he regulates have joined objection, it is so ordered. eral letterhead, and then transmitted him as plaintiffs in court challenges, a de- The Senator from Delaware. it to the EPA as if it were from the parture from the usual role of a state attor- Mr. CARPER. Mr. President, I ask AG’s office in Oklahoma. So that is the ney general, who traditionally sues compa- unanimous consent that of the nies to force compliance with state law. context. Energy industry lobbyists have also dis- postcloture debate time under my con- What did this Federal judge say tributed draft legislation to attorneys gen- trol, that 50 minutes be yielded to Sen- today? An Oklahoma County district eral and asked them to help push it through ator MERKLEY. court judge said that according to the state legislatures to give the attorneys gen- The PRESIDING OFFICER. Without Oklahoma Open Records Act—Aletia eral clearer authority to challenge the objection, it is so ordered. Haynes Timmons from the district Obama regulatory agenda, the documents The Senator from Hawaii. court of Oklahoma instructed Pruitt’s show. And it is an emerging practice that several attorneys general say threatens the Mr. SCHATZ. Mr. President, I think office to hand over the emails by close integrity of the office. it is important to understand what just of business next Tuesday. The message is clear across Massa- happened today that makes this debate So here we are, trying to jam chusetts and across the Nation: Big on Scott Pruitt to lead the EPA so through this nomination, and now it Oil’s go-to attorney general is Scott critically important. We call ourselves makes perfect sense why they wanted Pruitt, and he has no business running the world’s greatest deliberative body, to run the clock. They had congres- the EPA. He has proven over and over and that is actually a well-earned rep- sional delegation trips to Munich for again that he will put short-term in- utation. Sometimes we move slowly. the security conference. There were dustry profits ahead of the health of Sometimes we move so slowly that it is Republicans who were planning to our children. This nominee has no in- maddening for both parties and for the meet with NATO allies. There was an- terest in protecting every American’s American public. There is a reason other overseas trip of great import. Yet right to breathe clean air and drink that the Senate moves slowly. It is be- they abandon all other obligations, all clean water. We cannot put someone so cause in a lot of instances it has the other objectives, and they are bound opposed to the goals of the EPA in weightiest decisions that any public of- and determined to run this clock until charge of that very Agency. ficial could ever make. In this in- 1 p.m. tomorrow because they need to For these reasons, I will be voting no stance, we are deciding on the person vote before these emails become dis- on Scott Pruitt. I urge my colleagues to comply with the Clean Air and the closed. Tuesday is when we will see to do the same. Clean Water Acts, the Endangered Spe- these emails. Yet we seem to be in a

VerDate Sep 11 2014 05:49 Feb 17, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.081 S16FEPT1 SSpencer on DSK4SPTVN1PROD with SENATE