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

Vol. 165 WASHINGTON, TUESDAY, FEBRUARY 26, 2019 No. 35 Senate The Senate met at 10 a.m. and was are entitled to the same legal protec- be confirmed so far during the Trump called to order by the President pro tions and professional care as other administration. tempore (Mr. GRASSLEY). newborns. As I discussed yesterday, Eric Miller f In all honesty, the fact that this leg- has a distinguished record in both pub- islation even needed to be written is a lic service and private practice. He PRAYER sad reminder of the degree to which holds degrees from Harvard and the The Chaplain, Dr. Barry C. Black, of- our society is at risk of losing some University of Chicago, and his legal ex- fered the following prayer: crucial moral bearings, and the fact perience includes holding prestigious Let us pray. that the U.S. Senate could not even clerkships on our Nation’s highest Majestic God, we ask for the fruits of vote to advance this bill is beyond dis- courts. Yet, rather than take my word Your unrivaled wisdom in these chal- maying. for it, I urge my colleagues to consider lenging times. Give our leaders the The legislation was silent on the the endorsements of those with whom strength and courage to triumph over abortion issue. All it would have done the nominee has studied and worked. stagnation and conflict, and grant us is to have affirmed the rights of these For example, 54 members of the Uni- forgiveness for our shortcomings. newborn babies, but apparently even versity of Chicago Law School’s class We praise You, O Lord, for we belong that was a bridge too far, not just for of 1999, with their wide-ranging views to Your Kingdom, and we are Your the far-left fringe—not anymore—but on politics and judicial philosophy, children. Bestow upon our great Nation for the vast majority of our Demo- have offered a ringing endorsement for Your everlasting light, and let Your cratic colleagues right here in the Sen- Eric Miller. In a letter to our col- perpetual goodness shine upon us. ate. leagues on the Judiciary Committee, Lord, our greatest debt of gratitude We are no longer dealing with a nor- they cite Mr. Miller’s ‘‘diligent work is owed to You, for without You, we mal, traditional Democratic Party; we ethic, his keen legal mind, and his deep can do nothing. Give us, this day, light are looking at a party that has been consideration for every legal issue he to guide us, courage to support us, and dragged so far to the left, it would have confronts.’’ All in all, his classmates— love to unite us. been unrecognizable to folks just a few many of whom have also been his col- We pray in Your merciful Name. years ago. In 1996, Senator Daniel Pat- leagues over the years—say that Mr. Amen. rick Moynihan condemned partial- Miller is ‘‘extraordinarily well quali- f birth abortion by comparing it to in- fied to serve as a Federal judge.’’ fanticide. He was a distinguished, I urge each of my colleagues to join PLEDGE OF ALLEGIANCE mainstream Democratic Senator from me in voting to confirm this fine nomi- The President pro tempore led the New York about 20 years ago. And nee soon. Pledge of Allegiance, as follows: today? Ninety-four percent of Senate f Democrats could not even vote to pro- I pledge allegiance to the Flag of the VOTER FRAUD United States of America, and to the Repub- tect babies after they are born. The lic for which it stands, one nation under God, only explanations they could offer were Mr. MCCONNELL. Madam President, indivisible, with liberty and justice for all. bizarre euphemisms and vague ref- on a final matter, anyone who has been f erences to issues that have no bearing attentive to the news these past few once a child has already been born days has learned about the complete RECOGNITION OF THE MAJORITY alive. debacle that unfolded in last Novem- LEADER It was a sorry display, but I can say ber’s election for North Carolina’s The PRESIDING OFFICER (Mrs. this: This fight isn’t over. The Repub- Ninth Congressional District. Soon HYDE-SMITH). The majority leader is licans will not let this stunning extre- after election day, allegations of illegal recognized. mism from our Democratic colleagues ballot harvesting and vote tampering f be the last word on this subject. clouded a close result. The wrongdoing f seemed to have benefited the Repub- S. 311 lican candidate over the Democratic. Mr. MCCONNELL. Madam President, NOMINATION OF ERIC D. MILLER Just last week, we saw the State Board the Senate had an opportunity yester- Mr. MCCONNELL. Madam President, of Elections unanimously call for a new day to affirm our commitment to the on another matter, fortunately, the election. dignity of human life. We had a chance Senate did make progress in another For years and years, every Repub- to state plainly that newborn babies area. Yesterday, we advanced what will lican who dared to call for common- who happen to have survived abortions be the 31st circuit court nomination to sense safeguards for Americans’ ballots

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

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VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.000 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1448 CONGRESSIONAL RECORD — SENATE February 26, 2019 was demonized by Democrats and their turning up ballots will open the door to Democrats choose at this moment to allies. We were hit with leftwing talk- misbehavior. Remember, it is illegal in propose a sprawling Federal takeover ing points that insisted that voter North Carolina and in most States for of election law that would erode the in- fraud was not real—it never happens, the obvious reason, but I have noted tegrity of our elections even further. they said—that fraud just didn’t hap- with interest that the Democrats’ new So that, I think, pretty well under- pen and that modest efforts to ensure focus on this practice has yet to extend scores what the priorities of today’s that voters are who they say they are to California. I wonder why. Well, in Democrat Party is. and are voting in the proper places California, it is legal. It is a common f were really some sinister, rightwing practice in California. California al- plot to prevent people from voting. lows anyone—not just family members RESERVATION OF LEADER TIME As you might expect, now that an in- but anyone—to show up at polling The PRESIDING OFFICER. Under cident of very real voter fraud has be- places on election day with ballots that the previous order, the leadership time come national news and the Republican are not theirs. Welcome to California. is reserved. candidate seems to have benefited, Reports suggest that Orange County f these longstanding Democratic talking alone saw—listen to this—250,000 ab- points have been really quiet. We sentee ballots dropped off on election CONCLUSION OF MORNING haven’t heard much lately from the day last year. The county’s registrar BUSINESS Democrats about how fraud never hap- told the newspaper that some individ- The PRESIDING OFFICER. Morning pens. They have gone silent. Now some uals dropped off hundreds of other peo- business is closed. are singing a different tune. There is a ple’s ballots. We have no way to know f new interest in ensuring the sanctity if those ballots were sealed or if the of American elections. people had even voted when they were EXECUTIVE SESSION I have been focused for decades on harvested. The only evidence we have protecting the integrity of elections, so that the voter cast his or her ballot is I would like to welcome my friends on the signature. EXECUTIVE CALENDAR the left to their new realization. They This past election cycle turned out The PRESIDING OFFICER. Under have just discovered that this subject favorably for California Democrats, the previous order, the Senate will pro- really matters, but I have yet to see amazingly enough. These late-arriving ceed to executive session and resume any evidence that they are actually in- ballots seemed to help turn several consideration of the following nomina- terested in cleaning up the conditions races their way. Maybe this helps ex- tion, which the clerk will report. that lead to messes like this one in plain why: When House GOP leaders ex- The senior assistant legislative clerk North Carolina. pressed concern over ballot harvesting read the nomination of Eric D. Miller, At the root of the North Carolina de- in California, the State’s Democratic of Washington, to be United States Cir- bacle is a practice that is known as secretary of state mocked their con- cuit Judge for the Ninth Circuit. ballot harvesting. Essentially, it is a cern by saying: ‘‘What they call Mr. MCCONNELL. Madam President, means by which campaign representa- strange and bizarre we call democ- I suggest the absence of a quorum. tives can collect absentee ballots on racy.’’ Now ballot harvesting has The PRESIDING OFFICER. The the premise of delivering them to a thrown out an election result in the clerk will call the roll. polling place or an election office. That U.S. House of Representatives—legal in The senior assistant legislative clerk is what ballot harvesting is. So think California, illegal in North Carolina. proceeded to call the roll. about it. Who in American politics Maybe that helps explain why, as it Mr. SCHUMER. Madam President, I keeps long lists of potential voters? stands, the Democrat Politician Pro- ask unanimous consent that the order Who mobilizes networks of people to go tection Act—Speaker PELOSI’s massive for the quorum call be rescinded. door-to-door? Who funds and stands up new Federal takeover of the way The PRESIDING OFFICER. Without to these kinds of canvassing organiza- States and communities run their elec- objection, it is so ordered. tions? Who does those things? tions—contains no effort whatsoever to RECOGNITION OF THE MINORITY LEADER I am sorry to say that there are not crack down on ballot harvesting. It is The PRESIDING OFFICER. The huge teams of politically neutral Eagle not in there. Instead, it contains provi- Democratic leader is recognized. Scouts who rove the country and hope sion after provision that would erode to use ballot harvesting to politely the protections that are supposed to DECLARATION OF NATIONAL EMERGENCY make voters’ lives more convenient. ensure votes reflect the voices of the Mr. SCHUMER. Madam President, This is not an Eagle Scout activity. voters whose names are on the enve- today, the House of Representatives The folks who really lick their lips at lopes. will take up a motion to terminate the the prospect of mass ballot harvesting It contains provision after provision state of emergency proclaimed by are political operatives, of course—po- that would erode the protections that President Trump. For many reasons, litical operatives, interest groups, and are supposed to ensure that votes re- the measure should pass with bipar- one-sided political machines. This is flect the voice of the voter whose name tisan support. why many jurisdictions, including in is on the envelope. First, Members of both parties know North Carolina, have outlawed the Provision after provision would erode there is no actual emergency at the practice altogether. I will say that commonsense protections and bring border. Nearly 60 former national secu- again. Many jurisdictions, including in the guardrails down. So would a seri- rity advisers—Democrat and Repub- North Carolina, have outlawed this ous reform bill aimed to take away lican, bipartisan—including former practice altogether. States’ abilities to impose meaningful Secretaries of State and Defense, have Ballot harvesting threatens to ID or signature requirements for vot- written a statement saying there is change the nature of our representa- ers. Would someone concerned about ‘‘no factual evidence of an emergency tive democracy. Forget about per- restoring democracy dismiss signature at the border.’’ The President himself suading people and spurring them to verification as an obstacle to be re- said, when announcing the state of turn out to the polls; this practice moved? I don’t think so. emergency, that he ‘‘didn’t need to do makes elections a kind of scavenger Perhaps these facts signal that this.’’ hunt to see which side’s operatives can Democrats see a political advantage in An emergency, by definition, is some- return to headquarters with the most eroding commonsense protections and thing you need to do. It is an emer- ballots in the trunks of their cars, and would rather keep that advantage than gency. In the President’s own words, once those operatives take ahold of make episodes like the North Carolina this is not a state of emergency. these ballots, the voters have no way mess less likely to happen in the fu- If we let Presidents, whomever they to keep tabs on whether they were ever ture. be—Democrat or Republican—willy- delivered. An example of real-live voter fraud is nilly, because they want to get some- Of course, a system that invites po- staring the country right in the face thing done, just declare an emergency litical operatives to be rewarded for right now in North Carolina. Yet when it is clear it has been a long-term

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.002 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1449 condition, a long-term issue, this coun- democracy, President Trump. So it is stock market rally. Many investors, try is a different country. hard to imagine a more senseless and according to the Times, are selling off That leads to my second point. Mem- destructive use of emergency powers stock. Average investors are selling off bers of both parties should be con- than what the President has proposed. stock. Pensions, and mutual funds, cerned about the President diverting So let us, Democrats and Repub- nonprofits, endowments, private equity money away from military construc- licans, House and Senate, rise to the firms, and trusts are all, in the aggre- tion projects in their districts. occasion. This will be a moment in his- gate, selling stock. Again, the President doesn’t like you tory, a point where things may turn a So then why is it rallying? The laws for some reason. He says there is an bit. If Congress stands up, it will be a of supply and demand should say the emergency and takes money away from reaffirmation of our democracy. It will stock market should go down. The a project in your State that you have be a reaffirmation of the democracy Times reports that it is corporate self- worked hard for. That is no way to gov- the Founding Fathers wanted. If Con- investment buybacks. Companies are ern. gress stands up—Democrats and Repub- buying back their own stock at such a But at the top of the list is this: the licans—when the Founding Fathers rapid clip that they are propping up Founding Fathers looking down upon look down on this Chamber after the the market and, to a great degree, this Chamber and upon these United vote occurs, they will smile because themselves. It is another clear example States of America. They set up an ex- this is the democracy they wanted. of how the recent explosion of stock quisite balance of power. They were They did not want a democracy where buybacks in corporate America is dis- worried about an overreaching Execu- a President could simply declare an torting the market—artificially, some tive. They knew what King George was emergency on a whim and overrule would argue. all about. So they named the Congress, what Congress has done. Some Democratic Senators, and even the House and Senate, the article I—ar- So let us—Congress—first the House some Republican Senators, have begun ticle I, not II, III or IV—part of the and then the Senate, speak up with one to sound the alarm about the record- government. Second, they gave the bipartisan voice to remedy this injury breaking scale of corporate buybacks. Congress one of the greatest powers that President Trump is trying to do to Over the last decade, based on analysis any government has, which is the our constitutional order. of America’s largest corporations, 466 power of the purse. Whatever you think of the best way of S&P 500 companies, 92 cents out of When the President tries to take to secure our border, this is not the every dollar of corporate profit has these powers away, which clearly he is way for a President—any President—to gone to share buybacks or dividends. doing in this case—he called for an exercise his authority. This is not Some say, well, they have already, emergency when he couldn’t get his about whether you are for or against a before the profits, put money into their way in Congress, not because some new wall, and I, of course, am against it. It workers and into their communities. facts came on the scene—it is a change is about what America is all about, We are saying they should put some in the fundamental, necessary, and, whatever your view on the wall. more, for the good of the country. often, exquisite balance of power. GUNS Stock price, when so much of it is held I know many of my friends on the Madam President, on guns, the House up by buybacks, shouldn’t be the only other side of the aisle understand that. this week will take up a measure to indicia, the only measure, of how well In fact, true conservatism worries close the dangerous loopholes in the the country is doing, especially when about too much power being central- background check system used to cer- 85 percent of the stocks are owned by ized in any place because conservatism tify firearms. For years, Democrats the top 10 percent of Americans. exalts the freedom of the individual. have tried to address these loopholes— Most Americans would completely So to look the other way because the gun show, online, and private sales agree that there are more productive Donald Trump wants this—because he loopholes—only to be met with lock- ways for corporations to allocate their is almost sometimes in a temper tan- step resistance by a Republican Con- capital than this borderline obsession trum about this issue—is so short- gress beholden to the NRA. It is 90 per- with stock buybacks—the slavery to sighted and is so detrimental to the cent of Americans who favor strength- short-term rises in price to please in- long-term health, stability, and viabil- ening the background check system, vestors—while not doing much for ity, even, of how the balance of power not 51, not 52, 90—the majority of Re- workers or for communities. works. publicans, the majority of gun owners. I hope corporate America will wake So I implore my friends on the other Any way you slice it, Americans are up. Income inequality, along with cli- side of the aisle to contemplate what it strengthening background checks. mate change, to me, are the two great- might portend for our democracy to Americans believe felons, spousal abus- est problems America faces. We need allow this emergency declaration to ers, or those adjudicated mentally ill corporate America to propose some so- stand. What would stop any future should not have guns, but Congress is lutions because when they say let gov- President from claiming an emergency paralyzed because of the other side’s ernment do it, much of corporate every week and doing what they want- obeisance to the NRA—not even after America then opposes government ed—a total subversion of the balance of Newtown, not even after Charleston, doing anything for workers or for com- powers, a derogation of huge power to not even after Las Vegas, not even munities. the Executive, which has plenty of after Orlando, not after Parkland. Let’s take a careful look at this, and power already? On guns, the tide is turning. Make no let’s see what the right solutions are. The National Emergencies Act has mistake about it, a strong majority of The status quo is not acceptable. been used only once in its relatively the American people support these CLIMATE CHANGE short history, and that was to take ac- policies now. The NRA has been consid- Madam President, on climate change, tion after 9/11—clearly, an emergency. erably weakened. They did not do very for decades we have known climate Now President Trump is trying to bend well in the last elections. Finally, change is not only a major national the law to his will, not to address a there is a House in Congress that will challenge but an existential threat to military emergency, not to address any listen to the American people and take our planet and to our future. Despite real emergency. This has been an ongo- action on guns—thoughtful, moderate the gravity and scale of this challenge, ing issue. He would say ‘‘problem.’’ action on background checks. one political party in the United States That is OK, but he is doing it for per- With each measure that passes the has largely denied the problem even ex- sonal political gain, to accomplish House, the pressure will build on the ists, denied the overwhelming con- something Congress rejected and the Senate to take up these reasonable, sensus of the scientific community, American people oppose. commonsense gun safety measures, and and denied most attempts in Congress He has tried several times to get this I hope my colleagues will join us. to tackle climate change. wall. Congress has resisted. Congress BUYBACKS President Trump’s record on climate even resisted when Democrats didn’t On another matter, buybacks. This change is one of abject failure: denying have control of the House, and now morning, the New York Times reported science, systematically rolling back they do. Elections do matter. We are a on an interesting facet of the recent environmental protections that reduce

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.003 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1450 CONGRESSIONAL RECORD — SENATE February 26, 2019 carbon emissions, and announcing I remind my colleagues, Congress to deny the right to life of living, withdrawal from the Paris climate ac- passed sanctions against the North Ko- breathing unborn babies, but we are cords—Luddite, ostrich-like, if there rean regime for its appalling record on not even talking about abortion here. ever were, actions that can be de- human rights. Congress would need to We are talking about withholding es- scribed that way. repeal that law for President Trump to sential care from babies who are born Recently, we heard of a new effort by give North Korea reliable sanctions re- alive. My Democratic colleagues can’t the Trump administration to once lief. even bring themselves to say this is again push back against efforts to ad- The North Koreans themselves wrong. dress climate change. You see, it was should realize many of us in Congress I would say to my Democratic col- probably embarrassing for President will not, will not, will not—no matter leagues, do you really want to be the Trump when his own administration what President Trump does, many of party of Governor Northam? Do you released the National Climate Assess- us in Congress will not remove this really want to be the party of infan- ment last year, as required by law, sanction relief until North Korea ticide? which outlined the severe and imme- denuclearizes, verifiably and irrevers- The American people don’t agree diate impacts of climate change. Ac- ibly. with the Democratic Party on abortion cording to reports, the White House Make no mistake about it, no matter and on infanticide. Most Americans be- now has plans to set up a fake panel of what President Trump does in Vietnam lieve that babies born alive after an cherry-picked scientists who question this week, this Chamber will have a abortion should be provided with med- the severity of climate change in order significant role to play if President ical care. Most Americans think there to counter the scientific consensus on Trump decides to reduce sanctions as should be at least some limits on abor- this terribly urgent problem, even part of any deal with North Korea. tion. In fact, most countries in the within the administration. This new I yield the floor. world think there should be some lim- The PRESIDING OFFICER. The ma- fake panel will reportedly be set up its on abortion. The United States is jority whip. under the National Security Council, just one of a tiny handful of countries not the EPA, not NOAA, or any of the S. 311 that allow elective abortion past 20 Agencies where real scientists work— Mr. THUNE. Madam President, last weeks of pregnancy. Among the others real climate scientists. night, for the second time in a month, on that list are China and North This is maybe the most conspicuous Democrats objected to a bill to ban in- Korea—not exactly the company we symptom of the disease of climate fanticide. want to be keeping when it comes to denialism that has infected the Repub- That statement to me is absolutely protecting human rights. lican Party and the hard right. This is chilling, but for the second time in a A recent poll found that 71 percent of beyond willful ignorance. This is the month, Democrats objected to a bill Americans oppose abortion after 20 intentional, deliberate sowing of that would do nothing more than state weeks of pregnancy. Yet the Demo- disinformation about climate science that a living, breathing baby born in cratic Party is aggressively embracing by our own government. This cannot an abortion clinic is entitled to the an agenda of zero restrictions on abor- stand. same protection and medical care as a This morning, I am announcing that living, breathing baby born in a hos- tion, ever, up to—and now, apparently, if the Trump administration moves for- pital is entitled to. after—the moment of birth. ward with this fake climate panel, we It is a pretty basic bill. It just says I hope last night is not the last time will be introducing legislation to that living, breathing, born human we vote on the Born-Alive Abortion defund it. I will be doing it, along with beings are entitled to protection even Survivors Protection Act. I hope my several of my colleagues. It is long past if they are born in an abortion clinic, Democratic colleagues have a chance time for President Trump and Repub- but apparently that is not something to recast their votes. I hope, next time, lican leaders to admit that climate Democrats are prepared to say. This is they will decide to vote against infan- change is real, that human activity where Democrats’ support for abor- ticide. I hope, next time, they can af- contributes to it, and Congress must tions has led them—to being unable to firm what should be a basic, take action to counter it. condemn infanticide. foundational principle, and that is that So far, Leader McConnell and our Re- Let’s remember why we voted on this every baby, wherever he or she is born, publicans, when we ask them, do you bill last night. We voted on this bill be- deserves to be protected. believe climate change is real? Silence. cause the Democratic Governor of Vir- I yield the floor. Do you believe humans cause it? Si- ginia implicitly endorsed infanticide— The PRESIDING OFFICER. The Sen- lence. Do you believe Congress has to because the Democratic Governor of ator from Illinois. act to deal with it? Silence. That will Virginia got up and said that you could Mr. DURBIN. Madam President, I lis- not stand, and they will not be able to keep a living, breathing baby com- tened to the statements of my col- maintain that position over a period of fortable while you decided what to do league from South Dakota. I would like time. with it. to make a suggestion. NORTH KOREA There is only one answer to what you Since the Republicans are in control Madam President, finally, on North do with a living, breathing baby, and of the U.S. Senate, since there is a Re- Korea—and I appreciate the indulgence that is to provide it with the care it publican chairman of the Senate Judi- of my friend from Illinois. There are a needs. A baby born alive in an abortion ciary Committee, I would suggest to lot of topics and a lot of things going clinic is no less valuable and deserving my colleague that perhaps we have a on today. of protection than a baby born in a de- hearing on this bill he just described. As the President continues negotia- livery room. You see, it came to the floor yesterday tions in Hanoi with the North Koreans, It is horrifying that we are actually without any hearing. And the reason I want to restate that his goal should having a debate about this. Honestly, why we need a hearing is that many of be complete, verifiable, and irrevers- it is horrifying that the Democratic us—many of us—voted for an infan- ible denuclearization of Korea. An Party can’t get up and say that infan- ticide law, which is currently on the agreement that includes significant ticide is wrong. My Democratic col- books—a law that says that a child U.S. sanctions relief in exchange for leagues like to talk about protecting needs to be protected and that those something short of that will be woe- the vulnerable, but how can they claim who don’t protect that child are sub- fully insufficient. It will make North to care about helping those in need if ject to criminal penalties, as they Korea stronger and the world more they harden their hearts toward the should be. dangerous, not safer. most vulnerable among us? If they are Now, if this is a different approach to To simply say to North Korea that willing to deny living, breathing babies it, doesn’t it at least merit a hearing we are going to let you continue to be basic medical care, do you really stand from the Republican majority before it nuclear in exchange for something for the vulnerable if you can’t stand up comes to the floor for a vote? There are else—a peace treaty or some words, a and say that infanticide is wrong? many questions I would like to ask of photo op—that is not protecting the se- It is terrible enough that we have so those who propose this. I want to un- curity of the United States. far betrayed our founding principles as derstand why the law that has been on

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.004 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1451 the books now for 17 years, as I remem- and Clay that afternoon. I talked to the police department. Then, once the ber, is inadequate to the challenges it Clay’s mom for the longest time. She word got out that a policeman had faces. wanted to tell me his whole life story, been injured, hundreds of other police- I supported the infanticide law. I will hoping that she could preserve the men, firefighters, and other first re- continue to. If there are any changes memory of this wonderful young man sponders all came to the scene. that the Republicans want to make, is and what he meant to her. I was on the phone with the Aurora it too much to ask them to have a Russell Beyer is over here. I went to police chief, Kristen Ziman. Kristen hearing in their own committee, which his memorial service. He had been at put out a statement, which I com- they chair, on this subject matter? I Henry Pratt for more than 25 years. He mended her for. It was the most elo- hope they will take it seriously enough was a mold operator and was the father quent statement. It said many things, to do it. Critics have said this has of two grown children. He was also the but I want to repeat what it said. She nothing to do with changing the law. It chairman of the union at Henry Pratt. said: ‘‘Every time an officer was hit, is just a ‘‘gotcha’’ vote on the floor—an In a terrible twist of fate, Russell had another one went in. No one re- amendment which may be used against helped the gunman get his job back treated.’’ candidates in future elections. when the company first fired him 2 All told, five members of the Aurora When it comes to children, some- months earlier. Last Thursday would Police Department were injured by thing as serious as life and death have been Russell’s 48th birthday. In- gunfire: Officer Adam Miller, Officer should be taken much more seriously stead of a birthday party, his family Marco Gomez, Officer John Cebulski, by the Republican majority. and friends gathered that day at his Officer James Zegar, and Officer AURORA, ILLINOIS, WAREHOUSE SHOOTING wake. As I went into the funeral home Reynaldo Rivera. A sixth officer, Diego Madam President, today is February in Montgomery, IL, I was struck by Avila, suffered a knee injury. They and 26. Eleven days ago, on Friday, Feb- this fact. It turns out that the family hundreds of other police officers and ruary 15, an angry man with a history decided that since Russell was such a first responders who rushed to the of violence and a Smith & Wesson .40 passionate football fan, everybody scene are heroes. Simply put, they are caliber pistol opened fire on his co- should wear NFL jerseys. The room heroes. Their quick and courageous re- workers and police officers at a ware- was filled with members of his family sponse certainly saved other lives. house in Aurora, IL, about 40 miles remembering him and paying tribute Here is the cruel irony and tragedy from the city of Chicago. to him by wearing jerseys of all of the beyond the loss of life. The gunman In a matter of just a few minutes, different teams they supported. Russell should never have had a begun. In 1995, five of this man’s coworkers at the was a Patriots fan. He wore a Patriots this gunman pleaded guilty in the Henry Pratt Company were dead. He jersey in his casket on the day that State of Mississippi to charges that he then shot and wounded five police offi- would have been his 48th birthday. had beaten a former girlfriend with a cers who rushed to the scene. An hour Vicente Juarez was a stockroom at- baseball bat and stabbed her with a and a half later, he died in an exchange tendant and a forklift operator. He had knife. He was sentenced to 5 years in of gunfire with other policemen. been at Henry Pratt for 13 years, since prison. He served 3. The day before this horrible incident the year 2006. Mr. Juarez and his wife In January of 2014—19 years later—he marked the anniversary of two other of 38 years lived in a home in Oswego applied for an Illinois firearm owner’s mass shootings: the 1-year anniversary with their three grown children and identification card. He lied on that ap- of the Parkland, FL, shooting, which eight grandchildren—all under one plication. He said he had no felony killed 17 high school students and staff, roof. record, and he was given permission and the 11-year anniversary of a shoot- I will not forget that scene at the fu- under Illinois law to buy a firearm. He ing at Northern Illinois University neral home, either, because the family got away with that lie because the that left 5 students dead and 17 injured. had decided that everyone would wear State of Mississippi had failed to sub- The gunman in the Henry Pratt a T-shirt. It was a black T-shirt with a mit his conviction record to the FBI’s warehouse massacre had just been told color photograph of Vicente in front of criminal background check system. He that day that he was going to be fired. it and one of his favorite sayings on wasn’t in the computer as being dis- His response was not just anger. His re- the back of it. There they were—grand- qualified. sponse was to pull out a firearm and children, children, older folks—all In March 2014, this man bought a murder five of his coworkers. wearing those black T-shirts in honor handgun from a gun dealer in Aurora. I want you to meet the victims of and memory of this man. Two weeks later, he applied for a con- this man’s violence. This is Trevor I met his sister. His sister told me a cealed carry permit. This time he Wehner. Trevor was 21 years old. He story that Vicente was part of the fam- slipped up. He voluntarily submitted was on the dean’s list of Northern Illi- ily who immigrated to Illinois in 1972. his fingerprints in the hopes that his nois University’s business college. He There were five boys and five girls. concealed carry permit would be expe- was on track to graduate this May. They didn’t have any money. Their fa- dited. Those fingerprints finally ex- Why was he at the Henry Pratt ware- ther died 6 years after they immi- posed his felony record in Mississippi house on that day? It was because he grated. Yet they struggled and worked and his violent past. was on his first day of an internship at and stuck together as a family. That The Illinois State Police got word of the business. Trevor was so excited beautiful family—that beautiful fam- it, rejected his concealed carry applica- about this opportunity to work at this ily—had to shoulder this tragedy, tion, revoked his firearm owner’s iden- business and to see what it was like to where this gunman walked into that tification card, and sent him a letter actually be in the real world that he warehouse and killed Vicente. saying that he needed to surrender the showed up for his internship 45 minutes Josh Pinkard’s photograph is here. Smith & Wesson firearm, which he used early that day. It was earlier than he He was the plant manager. He joined to kill these five innocent people and should have. He was that excited. He Henry Pratt’s parent company 13 years to injure these policemen. Obviously, died at the workplace that day. ago at a facility in his native Alabama. he never surrendered the weapon. It This is Clayton Parks. He was known He and his wife had moved to Illinois was that same weapon that he used to as ‘‘Clay’’ to his family and friends. He with their three little kids last spring. kill these innocent people and to injure was the human resources manager at As he lay dying, Josh pulled out his these policemen. Henry Pratt. He was also an alumnus cell phone and texted his wife. His mes- Almost 7 years ago, a disturbed of Northern Illinois University. He had sage was this: ‘‘I love you. I’ve been young man opened fire in a movie the- been working at the Henry Pratt Com- shot at work.’’ He died shortly there- ater in a suburb of Denver, killing 12 pany for 4 months. He was 32 years old. after. Josh Pinkard was 37 years old. people and injuring 70 others. The He was married to his wife Abby and How did the police respond to this name of that suburb was Aurora—Au- had a beautiful little 9-month-old baby mass shooting? Every on-duty member rora, CO. boy, Axel. of the Aurora Police Department In a sad commentary on how fre- I met them at Northern Illinois Uni- rushed to the scene, where they were quent mass shootings have become in versity when we held a vigil for Trevor joined quickly by off-duty members of this great Nation, the police chief of

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.006 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1452 CONGRESSIONAL RECORD — SENATE February 26, 2019 Aurora, CO, tweeted after the killings killed at a music festival. He drove to founding document—the U.S. Constitu- in Aurora, IL: ‘‘Months from now, as the First Baptist Church in Sutherland tion. people talk about the mass shooting in Springs, TX, after 26 worshipers were I know the President likes to com- Aurora, someone will ask, ‘‘Which Au- killed. He drove to Pittsburgh, PA, to municate in 280 characters or less, so I rora mass shooting are you talking honor the 11 worshipers killed at the will point him to a 77-character phrase about?’’ Tree of Life synagogue. he may want to review: ‘‘No Money Mass shootings have become too Even after all that tragedy, the mass shall be drawn from the Treasury, but common in America. They make the murder at Henry Pratt hit Greg Zanis in Consequence of Appropriations made news, but tens of thousands of Ameri- especially hard. You see, Greg Zanis’s by Law.’’ cans die every year from gun violence, hometown is Aurora, IL. Mr. Zanis told That is a short sentence, but our and many of those deaths are barely re- a reporter from the New York Times Founders knew what it meant. They ported or noted. They die in suicides that he could drive away from all of enshrined it in article I, section 9 of and gun accidents, alone or in small the other tragedies, but he said: ‘‘I am the Constitution, and they established groups, in domestic disturbances, in not going to be able to get away from that Congress—and Congress alone— gang disputes, and in crossfire. this one.’’ possesses the power of the purse. That I am honored to represent the city of To those who will say that the after- Congress has exclusive power over our Chicago, but my heart breaks to know math of a mass shooting is not the government’s spending priorities is one that last year more than 2,700 people time to talk about gun safety, I have of the most critical checks and bal- were injured or killed by gun violence one simple question: When is the right ances in our constitutional system. in that great city. time to talk about gun safety? If we The President can propose funding for Let’s face it, America is confronting are going to talk about it only on the whatever project he wants. He has the an epidemic of gun violence. We need days when no one dies in America be- absolute right to propose funding, but thoughts and prayers, but we need so cause of the use of guns, then, of it is the job of Congress to decide much more. We need action to do some- course, we will never talk about it. where to invest the American people’s thing. Will you wait until this killing comes hard-earned tax dollars. Do the lives of these policemen mean to your community, your church, your Let’s review the facts. For over 2 anything? Of course, they do. They kid’s school? Is that what it will take years, the President has repeatedly mean a great deal to their families, and before Members of the Senate and the tried and has repeatedly failed to con- they mean a great deal to this Nation. people across this Nation feel as Greg vince Congress that building his south- Do the lives of these victims who Zanis does, that you just can’t escape ern border wall is a good idea. He has died mean anything? I met the fami- this carnage anymore? I pray that is failed to get a deal with Mexico despite lies—four of them. They are heart- not the case. giving his word and promising his sup- broken, and their lives will never be We need to work together. Let’s porters more than 200 times that Mex- the same. start. Let’s do something sensible and We need action to close the deadly ico would pay for it. He promised that bipartisan in the name of gun safety to Mexico would pay for it while knowing, gaps in America’s gun background make our background check systems as check system. Much of the work needs of course, that Mexico would not pay a effective as they can be. cent for it. Then he failed to get a deal to take place at the State level. State Look at those faces. Eleven days ago, and local law enforcement agencies are with his own party even during the 2 they were alive, part of a family, years when the Republicans controlled investigating how this tragedy might loved—sons, fathers, grandfathers—and have been prevented and how to pre- the Presidency, the U.S. Senate, and now they are gone because one man the U.S. House of Representatives. He vent another violent felon from slip- who never should have owned a gun ping through the cracks in the system. also failed to get a deal after he forced took it to work in a fit of anger and the country into a 35-day government We also have a responsibility here. It killed these five men. It is time for this is not enough for a moment of silence. shutdown over the issue—a shutdown, Senate and this Congress to do some- incidentally, that cost our country at It is not enough for prayers to be of- thing. fered. We need to do more to keep guns least $11 billion, to say nothing of the I yield the floor. number of people whose lives were so out of the hands of people who should I suggest the absence of a quorum. not have them. The PRESIDING OFFICER. The disrupted that many either lost their This week, the House of Representa- clerk will call the roll. apartments, were unable to pay their tives will vote on a measure to close The senior assistant legislative clerk mortgages, were unable to pay their the gun show and internet loopholes in proceeded to call the roll. bills, or were unable to pay for the our background check system. These Mr. LEAHY. Mr. President, I ask medical care they needed. loopholes make a mockery of the law, unanimous consent that the order for Yet, in the face of all of these which says we want to make sure that the quorum call be rescinded. failings, he has decided to go it alone. no dangerous person buys a firearm or The PRESIDING OFFICER. Without He has decided to stretch his powers— keeps a firearm in America. It is criti- objection, it is so ordered. beyond all recognition—under the Na- cally important, and I support the Mr. LEAHY. Mr. President, what is tional Emergencies Act. There is no ra- House’s effort, but, sadly, I have to pre- the legislative situation? tional basis to justify the use of this dict that this measure will not even The PRESIDING OFFICER. The authority. So we should look at what a come up for a debate—let alone a pending question is on the Miller nomi- bipartisan group of Republicans and vote—in this Republican-controlled nation. Democrats wrote—a group of 58 former Senate. There is just no way that they Mr. LEAHY. I thank the Presiding senior national security officials who will consider any gun safety measure. Officer. had to help secure our country under After Columbine and nearly every I ask unanimous consent to speak as both Republican and Democratic Presi- mass shooting and natural disaster in morning business. dents. since, a carpenter who lives in Illinois The PRESIDING OFFICER. Without They wrote: ‘‘There is no factual has crafted wooden memorials to honor objection, it is so ordered. basis for the declaration of a national the fallen. DECLARATION OF NATIONAL EMERGENCY emergency’’ on the southwest border. His name is Greg Zanis, 68 years old. Mr. LEAHY. Mr. President, President I ask unanimous consent that the In 20 years, he has made and deliv- Trump declared a national emergency 2 Joint Declaration of Former United ered—listen to this—more than 26,274 weeks ago. He did this in order to build States Government Officials be printed handmade wooden crosses, Stars of a pet project of his. In the process, he in the RECORD. David, and crescent moons to commu- said it was his intent to siphon billions There being no objection, the mate- nities across this country. of dollars that Congress had appro- rial was ordered to be printed in the Greg drove to Sandy Hook, CT, after priated to help our men and women in RECORD, as follows: 26 first graders and educators were uniform. Now, I am not sure what law- JOINT DECLARATION OF FORMER UNITED murdered in their grade school. He yers he consulted, but those lawyers STATES GOVERNMENT OFFICIALS drove to Las Vegas after 58 people were seem to have overlooked our Nation’s We, the undersigned, declare as follows:

VerDate Sep 11 2014 01:40 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.007 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1453 1. We are former officials in the U.S. gov- o. Jen Easterly served as Special Assistant served as the Governor of Arizona from 2003 ernment who have worked on national secu- to the President and Senior Director for to 2009. rity and homeland security issues from the Counterterrorism from 2013 to 2016. ii. James D. Nealon served as Assistant White House as well as agencies across the p. Nancy Ely-Raphel served as Senior Ad- Secretary for International Engagement at Executive Branch. We have served in senior viser to the Secretary of State and Director the U.S. Department of Homeland Security leadership roles in administrations of both of the Office to Monitor and Combat Traf- from 2017 to 2018. He served as U.S. Ambas- major political parties, and collectively we ficking in Persons from 2001 to 2003. She pre- sador to Honduras from 2014 to 2017. have devoted a great many decades to pro- viously served as the U.S. Ambassador to jj. James C. O’Brien served as Special Pres- tecting the security interests of the United Slovenia from 1998 to 2001. idential Envoy for Hostage Affairs from 2015 States. We have held the highest security q. Daniel P. Erikson served as Special Ad- to 2017. He served in the U.S. Department of clearances, and we have participated in the visor for Western Hemisphere Affairs to the State from 1989 to 2001, including as Prin- highest levels of policy deliberations on a Vice President from 2015 to 2017, and as Sen- cipal Deputy Director of Policy Planning and broad range of issues. These include: immi- ior Advisor for Western Hemisphere Affairs as Special Presidential Envoy for the Bal- gration, border security, counterterrorism, at the U.S. Department of State from 2010 to kans. military operations, and our nation’s rela- 2015. kk. Matthew G. Olsen served as Director of tionship with other countries, including r. John D. Feeley served as U.S. Ambas- the National Counterterrorism Center from those south of our border. sador to Panama from 2015 to 2018. He served 2011 to 2014. a. Madeleine K. Albright served as Sec- as Principal Deputy Assistant Secretary for ll. Leon E. Panetta served as Secretary of retary of State from 1997 to 2001. A refugee Western Hemisphere Affairs at the U.S. De- Defense from 2011 to 2013. From 2009 to 2011, and naturalized American citizen, she served partment of State from 2012 to 2015. he served as Director of the Central Intel- as U.S. Permanent Representative to the s. Daniel F. Feldman served as Special ligence Agency. United Nations from 1993 to 1997. She has Representative for Afghanistan and Pakistan mm. Anne W. Patterson served as Assist- also been a member of the Central Intel- at the U.S. Department of State from 2014 to ant Secretary of State for Near Eastern Af- ligence Agency External Advisory Board 2015. fairs from 2013 to 2017. Previously, she served since 2009 and of the Defense Policy Board t. Jonathan Finer served as Chief of Staff as the U.S. Ambassador to Egypt from 2011 since 2011, in which capacities she has re- to the Secretary of State from 2015 to 2017, to 2013, to Pakistan from 2007 to 2010, to Co- ceived assessments of threats facing the and Director of the Policy Planning Staff at lombia from 2000 to 2003, and to El Salvador United States. the U.S. Department of State from 2016 to b. Jeremy B. Bash served as Chief of Staff from 1997 to 2000. 2017. nn. Thomas R. Pickering served as Under of the U.S. Department of Defense from 2011 u. Jendayi Frazer served as Assistant Sec- to 2013, and as Chief of Staff of the Central Secretary of State for Political Affairs from retary of State for African Affairs from 2005 1997 to 2000. He served as U.S. Permanent Intelligence Agency from 2009 to 2011. to 2009. She served as U.S. Ambassador to c. John B. Bellinger III served as the Legal Representative to the United Nations from South Africa from 2004 to 2005. 1989 to 1992. Adviser to the U.S. Department of State v. Suzy George served as Executive Sec- from 2005 to 2009. He previously served as oo. Amy Pope served as Deputy Homeland retary and Chief of Staff of the National Se- Security Advisor and Deputy Assistant to Senior Associate Counsel to the President curity Council from 2014 to 2017. and Legal Adviser to the National Security the President from 2015 to 2017. w. Phil Gordon served as Special Assistant pp. Samantha J. Power served as U.S. Per- Council from 2001 to 2005. to the President and White House Coordi- d. Daniel Benjamin served as Ambassador- manent Representative to the United Na- nator for the Middle East, North Africa and at-Large for Counterterrorism at the U.S. tions from 2013 to 2017. From 2009 to 2013, she the Gulf from 2013 to 2015, and Assistant Sec- Department of State from 2009 to 2012. served as Senior Director for Multilateral e. Antony Blinken served as Deputy Sec- retary of State for European and Eurasian and Human Rights at the National Security retary of State from 2015 to 2017. He pre- Affairs from 2009 to 2013. Council. x. Chuck Hagel served as Secretary of De- viously served as Deputy National Security qq. Jeffrey Prescott served as Deputy Na- fense from 2013 to 2015, and previously served Advisor to the President from 2013 to 2015. tional Security Advisor to the Vice Presi- as Co-Chair of the President’s Intelligence f. John 0. Brennan served as Director of the dent from 2013 to 2015, and as Special Assist- Advisory Board. From 1997 to 2009, he served Central Intelligence Agency from 2013 to ant to the President and Senior Director for as U.S. Senator for Nebraska, and as a senior 2017. He previously served as Deputy Na- Iran, Iraq, Syria and the Gulf States from member of the Senate Foreign Relations and tional Security Advisor for Homeland Secu- 2015 to 2017. rity and Counterterrorism and Assistant to Intelligence Committees. rr. Nicholas Rasmussen served as Director y. Avril D. Haines served as Deputy Na- the President from 2009 to 2013. of the National Counterterrorism Center tional Security Advisor to the President g. R. Nicholas Burns served as Under Sec- from 2014 to 2017. from 2015 to 2017. From 2013 to 2015, she retary of State for Political Affairs from 2005 ss. Alan Charles Raul served as Vice Chair- served as Deputy Director of the Central In- to 2008. He previously served as U.S. Ambas- man of the Privacy and Civil Liberties Over- sador to NATO and as U.S. Ambassador to telligence Agency. z. Luke Hartig served as Senior Director sight Board from 2006 to 2008. He previously Greece. served as General Counsel of the U.S. De- h. William J. Burns served as Deputy Sec- for Counterterrorism at the National Secu- rity Council from 2014 to 2016. partment of Agriculture from 1989 to 1993, retary of State from 2011 to 2014. He pre- General Counsel of the Office of Management viously served as Under Secretary of State aa. Heather A. Higginbottom served as Deputy Secretary of State for Management and Budget in the Executive Office of the for Political Affairs from 2008 to 2011, as U.S. President from 1988 to 1989, and Associate Ambassador to Russia from 2005 to 2008, as and Resources from 2013 to 2017. bb. Roberta Jacobson served as U.S. Am- Counsel to the President from 1986 to 1989. Assistant Secretary of State for Near East- tt. Dan Restrepo served as Special Assist- ern Affairs from 2001 to 2005, and as U.S. Am- bassador to Mexico from 2016 to 2018. She previously served as Assistant Secretary of ant to the President and Senior Director for bassador to Jordan from 1998 to 2001. Western Hemisphere Affairs at the National i. Johnnie Carson served as Assistant Sec- State for Western Hemisphere Affairs from Security Council from 2009 to 2012. retary of State for African Affairs from 2009 2011 to 2016. uu. Susan E. Rice served as U.S. Perma- to 2013. He previously served as the U.S. Am- cc. Gil Kerlikowske served as Commis- nent Representative to the United Nations bassador to Kenya from 1999 to 2003, to sioner of Customs and Border Protection from 2009 to 2013 and as National Security Zimbabwe from 1995 to 1997, and to Uganda from 2014 to 2017. He previously served as Di- Advisor to the President from 2013 to 2017. from 1991 to 1994. rector of the Office of National Drug Control j. James Clapper served as U.S. Director of Policy from 2009 to 2014. vv. Anne C. Richard served as Assistant National Intelligence from 2010 to 2017. dd. John F. Kerry served as Secretary of Secretary of State for Population, Refugees, k. David S. Cohen served as Under Sec- State from 2013 to 2017. and Migration from 2012 to 2017. retary of the Treasury for Terrorism and Fi- ee. Prem Kumar served as Senior Director ww. Eric P. Schwartz served as Assistant nancial Intelligence from 2011 to 2015 and as for the Middle East and North Africa at the Secretary of State for Population, Refugees, Deputy Director of the Central Intelligence National Security Council from 2013 to 2015. and Migration from 2009 to 2011. From 1993 to Agency from 2015 to 2017. ff. John E. McLaughlin served as Deputy 2001, he was responsible for refugee and hu- l. Eliot A. Cohen served as Counselor of the Director of the Central Intelligence Agency manitarian issues at the National Security U.S. Department of State from 2007 to 2009. from 2000 to 2004 and as Acting Director in Council, ultimately serving as Special As- m. Ryan Crocker served as U.S. Ambas- 2004. His duties included briefing President- sistant to the President for National Secu- sador to Afghanistan from 2011 to 2012, as elect Bill Clinton and President George W. rity Affairs and Senior Director for Multilat- U.S. Ambassador to Iraq from 2007 to 2009, as Bush. eral and Humanitarian Affairs. U.S. Ambassador to Pakistan from 2004 to gg. Lisa O. Monaco served as Assistant to xx. Andrew J. Shapiro served as Assistant 2007, as U.S. Ambassador to Syria from 1998 the President for Homeland Security and Secretary of State for Political-Military Af- to 2001, as U.S. Ambassador to Kuwait from Counterterrorism and Deputy National Secu- fairs from 2009 to 2013. 1994 to 1997, and U.S. Ambassador to Lebanon rity Advisor from 2013 to 2017. Previously, yy. Wendy R. Sherman served as Under from 1990 to 1993. she served as Assistant Attorney General for Secretary of State for Political Affairs from n. Thomas Donilon served as National Se- National Security from 2011 to 2013. 2011 to 2015. curity Advisor to the President from 2010 to hh. Janet Napolitano served as Secretary zz. Vikram Singh served as Deputy Special 2013. of Homeland Security from 2009 to 2013. She Representative for Afghanistan and Pakistan

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.001 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1454 CONGRESSIONAL RECORD — SENATE February 26, 2019 from 2010 to 2011 and as Deputy Assistant be the smallest number of undocumented im- gency declaration. But there is no evidence Secretary of Defense for Southeast Asia from migrants since 2004. And in fact, in recent of any such sudden crisis at the southern 2012 to 2014. years, the majority of currently undocu- border that necessitates a reprogramming of aaa. Dana Shell Smith served as U.S. Am- mented immigrants entered the United appropriations to build a border wall. bassador to Qatar from 2014 to 2017. Pre- States legally, but overstayed their visas, a a. The overwhelming majority of opioids viously, she served as Principal Deputy As- problem that will not be addressed by the that enter the United States across a land sistant Secretary of Public Affairs. declaration of an emergency along the south- border are carried through legal ports of bbb. Jeffrey H. Smith served as General ern border. entry in personal or commercial vehicles, Counsel of the Central Intelligence Agency 4. There is no documented terrorist or na- not smuggled through unauthorized border from 1995 to 1996. He previously served as tional security emergency at the southern bor- crossings. A border wall would not stop these General Counsel of the Senate Armed Serv- der. There is no reason to believe that there drugs from entering the United States. Nor ices Committee. is a terrorist or national security emergency would a wall stop drugs from entering via ccc. Jake Sullivan served as National Se- at the southern border that could justify the other routes, including smuggling tunnels, curity Advisor to the Vice President from President’s proclamation. which circumvent such physical barriers as 2013 to 2014. He previously served as Director a. This administration’s own most recent fences and walls, and international mail of Policy Planning at the U.S. Department of Country Report on Terrorism, released only (which is how high-purity fentanyl, for ex- State from 2011 to 2013. five months ago, found that ‘‘there was no ample, is usually shipped from China di- ddd. Strobe Talbott served as Deputy Sec- credible evidence indicating that inter- rectly to the United States). retary of State from 1994 to 2001. national terrorist groups have established b. Likewise, illegal crossings at the south- eee. Linda Thomas-Greenfield served as bases in Mexico, worked with Mexican drug ern border are not the principal source of Assistant Secretary for the Bureau of Afri- cartels, or sent operatives via Mexico into human trafficking victims. About two-thirds can Affairs from 2013 to 2017. She previously the United States.’’ Since 1975, there has of human trafficking victims served by non- served as U.S. Ambassador to Liberia and been only one reported incident in which im- profit organizations that receive funding Deputy Assistant Secretary for the Bureau migrants who had crossed the southern bor- from the relevant Department of Justice of- of Population, Refugees, and Migration from der illegally attempted to commit a terrorist fice are U.S. citizens, and even among non- 2004 to 2006. act. That incident occurred more than citizens, most trafficking victims usually ar- fff. Arturo A. Valenzuela served as Assist- twelve years ago, and involved three broth- rive in the country on valid visas. None of ant Secretary of State for Western Hemi- ers from Macedonia who had been brought these instances of trafficking could be ad- sphere Affairs from 2009 to 2011. He pre- into the United States as children more than dressed by a border wall. And the three viously served as Special Assistant to the twenty years earlier. states with the highest per capita trafficking President and Senior Director for Inter- b. Although the White House has claimed, reporting rates are not even located along American Affairs at the National Security as an argument favoring a wall at the south- the southern border. Council from 1999 to 2000, and as Deputy As- ern border, that almost 4,000 known or sus- 7. This proclamation will only exacerbate the sistant Secretary of State for Mexican Af- pected terrorists were intercepted at the humanitarian concerns that do exist at the fairs from 1994 to 1996. southern border in a single year, this asser- southern border. There are real humanitarian 2. On February 15, 2019, the President de- tion has since been widely and consistently concerns at the border, but they largely re- clared a ‘‘national emergency’’ for the pur- repudiated, including by this administra- sult from the current administration’s own pose of diverting appropriated funds from tion’s own Department of Homeland Secu- deliberate policies towards migrants. For ex- previously designated uses to build a wall rity. The overwhelming majority of individ- ample, the administration has used a ‘‘me- along the southern border. We are aware of uals on terrorism watchlists who were inter- tering’’ policy to turn away families fleeing extreme violence and persecution in their no emergency that remotely justifies such a cepted by U.S. Customs and Border Patrol home countries, forcing them to wait indefi- step. The President’s actions are at odds were attempting to travel to the United nitely at the border to present their asylum with the overwhelming evidence in the pub- States by air; of the individuals on the ter- cases, and has adopted a number of other pu- lic record, including the administration’s rorist watchlist who were encountered while nitive steps to restrict those seeking asylum own data and estimates. We have lived and entering the United States during fiscal year at the southern border. These actions have worked through national emergencies, and 2017, only 13 percent traveled by land. And forced asylum-seekers to live on the streets we support the President’s power to mobilize for those who have attempted to enter by or in makeshift shelters and tent cities with the Executive Branch to respond quickly in land, only a small fraction do so at the abysmal living conditions, and limited ac- genuine national emergencies. But under no southern border. Between October 2017 and cess to basic sanitation has caused outbreaks March 2018, forty-one foreign immigrants on plausible assessment of the evidence is there of disease and death. This state of affairs is the terrorist watchlist were intercepted at a national emergency today that entitles the a consequence of choices this administration the northern border. Only six such immi- President to tap into funds appropriated for has made, and erecting a wall will do noth- grants were intercepted at the southern bor- other purposes to build a wall at the south- ing to ease the suffering of these people. ern border. To our knowledge, the Presi- der.’’ 8. Redirecting funds for the claimed ‘‘national 5. There is no emergency related to violent dent’s assertion of a national emergency emergency’’ will undermine U.S. national secu- crime at the southern border. Nor can the ad- here is unprecedented, in that he seeks to ad- rity and foreign policy interests. In the face of ministration justify its actions on the dress a situation: a nonexistent threat, redirecting funds for grounds that the incidence of violent crime (1) that has been enduring, rather than one the construction of a wall along the southern on the southern border constitutes a na- that has arisen suddenly; border will undermine national security by (2) that in fact has improved over time tional emergency. Factual evidence consist- needlessly pulling resources from Depart- rather than deteriorated; ently shows that unauthorized immigrants ment of Defense programs that are respon- (3) by reprogramming billions of dollars in have no special proclivity to engage in sible for keeping our troops and our country funds in the face of clear congressional in- criminal or violent behavior. According to a safe and running effectively. tent to the contrary; and Cato Institute analysis of criminological a. Repurposing funds from the defense con- (4) with assertions that are rebutted not data, undocumented immigrants are 44 per- struction budget will drain money from crit- just by the public record, but by his agen- cent less likely to be incarcerated nationwide ical defense infrastructure projects, possibly cies’ own official data, documents, and state- than are native-born citizens. And in Texas, including improvement of military hospitals, ments. undocumented immigrants were found to construction of roads, and renovation of on- 3. Illegal border crossings are near forty-year have a first-time conviction rate 32 percent base housing. And the proclamation will lows. At the outset, there is no evidence of a below that of native-born Americans; the likely continue to divert those armed forces sudden or emergency increase in the number conviction rates of unauthorized immigrants already deployed at the southern border of people seeking to cross the southern bor- for violent crimes such as homicide and sex from their usual training activities or mis- der. According to the administration’s own offenses were also below those of native-born sions, affecting troop readiness. data, the numbers of apprehensions and un- Americans. Meanwhile, overall rates of vio- b. In addition, the administration’s unilat- detected illegal border crossings at the lent crime in the United States have de- eral, provocative actions are heightening southern border are near forty-year lows. Al- clined significantly over the past 25 years, tensions with our neighbors to the south, at though there was a modest increase in appre- falling 49 percent from 1993 to 2017. And vio- a moment when we need their help to ad- hensions in 2018, that figure is in keeping lent crime rates in the country’s 30 largest dress a range of Western Hemisphere con- with the number of apprehensions only two cities have decreased on average by 2.7 per- cerns. These actions are placing friendly years earlier, and the overall trend indicates cent in 2018 alone, further undermining any governments to the south under impossible a dramatic decline over the last fifteen years suggestion that recent crime trends cur- pressures and driving partners away. They in particular. The administration also esti- rently warrant the declaration of a national have especially strained our diplomatic rela- mates that ‘‘undetected unlawful entries’’ at emergency. tionship with Mexico, a relationship that is the southern border ‘‘fell from approxi- 6. There is no human or drug trafficking emer- vital to regional efforts ranging from critical mately 851,000 to nearly 62,000’’ between fis- gency that can be addressed by a wall at the intelligence and law enforcement partner- cal years 2006 to 2016, the most recent years southern border. The administration has ships to cooperative efforts to address the for which data are available. The United claimed that the presence of human and drug growing tensions with Venezuela. Addition- States currently hosts what is estimated to trafficking at the border justifies its emer- ally, the proclamation could well lead to the

VerDate Sep 11 2014 00:26 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.002 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1455 degradation of the natural environment in a tions that in our experience are necessary that is meant for military housing and manner that could only contribute to long- and expected before taking a decision of this military base improvements to pay for term socioeconomic and security challenges. magnitude. his wall. This is at a time when studies c. Finally, by declaring a national emer- 11. For all of the foregoing reasons, in our gency for domestic political reasons with no are coming out that show how our men professional opinion, there is no factual basis and women in the military are being compelling reason or justification from his for the declaration of a national emergency senior intelligence and law enforcement offi- for the purpose of circumventing the appro- housed in inferior or dangerous condi- cials, the President has further eroded his priations process and reprogramming bil- tions. Sometimes the buildings have credibility with foreign leaders, both friend lions of dollars in funding to construct a wall mold and decay, and it affects their and foe. Should a genuine foreign crisis at the southern border, as directed by the health. The buildings are rat invested erupt, this lack of credibility will materially Presidential Proclamation of February 15, and roach infested, but the President weaken this administration’s ability to mar- 2019. wants to take the money away from shal allies to support the United States, and Respectfully submitted, them to build a wall that we do not will embolden adversaries to oppose us. Signed, 9. The situation at the border does not require need. The President has repeatedly de- Madeleine K. Albright, Jeremy B. Bash, cried the amount of drugs coming the use of the armed forces, and a wall is unnec- John B. Bellinger III, Daniel Benjamin, essary to support the use of the armed forces. Antony Blinken, John O. Brennan, R. Nich- across our border. But now he wants to We understand that the administration is olas Burns, William J. Burns, Johnnie Car- raid money that Congress has appro- also claiming that the situation at the son, James Clapper. priated for proven drug programs and southern border ‘‘requires use of the armed David S. Cohen, Eliot A. Cohen, Ryan counter-drug programs to pay for his forces,’’ and that a wall is ‘‘necessary to sup- Crocker, Thomas Donilon, Jen Easterly, wall. port such use’’ of the armed forces. These Nancy Ely-Raphel, Daniel P. Erikson, John Let me repeat that. In order to build claims are implausible. D. Feeley, Daniel F. Feldman, Jonathan a. Historically, our country has deployed a wall that would do very little to stop Finer. National Guard troops at the border solely drugs from coming across our border, Jendayi Frazer, Suzy George, Phil Gordon, to assist the Border Patrol when there was President Trump wants to take money Chuck Hagel, Avril D. Haines, Luke Hartig, an extremely high number of apprehensions, away from law enforcement programs Heather A. Higginbottom, Roberta Jacobson, together with a particularly low number of Gil Kerlikowske, John F. Kerry. that actually prevent drugs from com- Border Patrol agents. But currently, even Prem Kumar, John E. McLaughlin, Lisa O. ing across our border or from programs with retention and recruitment challenges, Monaco, Janet Napolitano, James D. Nealon, that enhance military readiness. I wish the Border Patrol is at historically high James C. O’Brien, Matthew G. Olsen, Leon E. I were making this up. It sounds like staffing and funding levels, and apprehen- Panetta, Anne W. Patterson, Thomas R. something you hear on a comedy pro- sions—measured in both absolute and per- Pickering. agent terms—are near historic lows. gram, but it is not comedy, it is re- Amy Pope, Samantha J. Power, Jeffrey b. Furthermore, the composition of south- ality, and I have to ask, what is going Prescott, Nicholas Rasmussen, Alan Charles ern border crossings has shifted such that on? Raul, Dan Restrepo, Susan E. Rice, Anne C. families and unaccompanied minors now ac- In the days and weeks ahead, the Richard, Eric P. Schwartz, Andrew J. Sha- count for the majority of immigrants seek- President’s emergency declaration— piro. ing entry at the southern border; these indi- Wendy R. Sherman, Vikram Singh, Dana which amounts to an end run around viduals do not present a threat that would Shell Smith, Jeffrey H. Smith, Jake Sul- both the Constitution and Congress—is need to be countered with military force. going to be challenged, and it should c. Just last month, when asked what the livan, Strobe Talbott, Linda Thomas-Green- military is doing at the border that couldn’t field, Arturo A. Valenzuela. be. Over the past 2 years, we have seen be done by the Department of Homeland Se- Mr. LEAHY. Mr. President, the re- the erosion of our institutional checks curity if it had the funding for it, a top-level ality, of course, is that apprehensions and balances in the face of creeping defense official responded, ‘‘[n] one of the ca- at the southwest border have dropped authoritarianism. The time has come pabilities that we are providing [at the 75 percent since 2000. The reality is for Congress and members of the Presi- southern border] are combat capabilities. It’s that many of the southern border com- dent’s own party to take a stand. Are not a war zone along the border.’’ Finally, it munities have violent crime rates that we a democracy, or are we an authori- is implausible that hundreds of miles of wall tarian government? It is a pretty basic across the southern border are somehow nec- are lower than our national average. The reality is that the vast majority of question. essary to support the use of armed forces. We I have been here with every President are aware of no military- or security-related the drugs that are apprehended at the since President Gerald Ford. They rationale that could remotely justify such an border are seized at the ports of entry, upheld the Constitution, Republicans endeavor. and a wall would do nothing to stop and Democrats, and they believed in 10. There is no basis for circumventing the ap- this. The President is either out of propriations process with a declaration of a na- the separation of power. All of them touch with reality, willfully ignoring tional emergency at the southern border. We do did. We simply cannot afford to now re- it, or not even reading the material he not deny that our nation faces real immigra- main silent in the face of such an un- tion and national security challenges. But as gets from his administration. precedented violation of the separation the foregoing demonstrates, these challenges Presidents do have emergency pow- of powers. demand a thoughtful, evidence-based strat- ers, but they should be invoked only in It is interesting. As I sit here, I re- egy, not a manufactured crisis that rests on true times of crises. It is an abuse of falsehoods and fearmongering. In a briefing member some of my Republican power to invoke these authorities sim- friends—and they are my friends—when before the Senate Intelligence Committee on ply as a political step to energize a January 29, 2019, less than one month before President Obama was President. They the Presidential Proclamation, the Directors President’s base. It is an abuse of shouted from every rooftop about the of the CIA, DNI, FBI, and NSA testified power to invoke these authorities to lurches of an imperial Presidency. In about numerous serious current threats to fulfill a cynical campaign promise he every Executive order, they saw a U.S. national security, but none of the offi- never should have made. The President threat to Congress’s power. In every cials identified a security crisis at the U.S.- knew he would never keep his word or speech, they surmised the machina- Mexico border. In a briefing before the House the promise he had made that Mexico tions of a lawless strong man—a man Armed Services Committee the next day, would pay for this border wall. Donald Trump claimed wasn’t born in Pentagon officials acknowledged that the When Congress enacted the National 2018 National Defense Strategy does not the United States. Now, when they are identify the southern border as a security Emergencies Act of 1976 to convey faced with a President who is literally threat. Leading legislators with access to these powers to the President, it as- using his Executive powers to fund classified information the President’s own sumed whoever sat in the Oval Office what Congress specifically would not, statements have strongly suggested, if not would have enough respect for the of- my Republican friends should echo the confirmed, that there is no evidence sup- fice and the power being conveyed not same concerns. porting the administration’s claims of an to abuse it. President Trump has failed I am glad that some in the Repub- emergency. And it is reported that the Presi- that test. Since 1976, Presidents of the lican Party have begun expressing dent made the decision to circumvent the ap- United States—Republicans and Demo- propriations process and reprogram money their reservations about President without the Acting Secretary of Defense crats alike—have upheld and passed Trump’s national emergency declara- having even started to consider where the the test. President Trump has failed tion. Certainly a number of Repub- funds might come from, suggesting an ab- the test. Look what he wants to do. licans who serve in national security sence of consultation and internal delibera- The President wants to raid money positions who signed on to the material

VerDate Sep 11 2014 01:40 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.003 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1456 CONGRESSIONAL RECORD — SENATE February 26, 2019 I have put in the RECORD did. But fleet- We know what despots are like. We ture on the motion to proceed to S. 311, ing comments to reporters in the hall- see them around the world. We see the Born-Alive Abortion Survivors Pro- way are meaningless unless they are them in South America today, in one tection Act. On vote No. 27, had I been willing to follow up their words with country in particular. We see them in present, I would have been a yea vote their votes. North Korea, where the despot had his on the motion to invoke cloture. Today, the House will vote to dis- uncle executed, his own brother mur- Let me say that a little differently. approve the President’s declaration. I dered, and thousands of people are im- As I sat, waiting for my plane to leave believe that joint resolution of dis- prisoned, starved, and dying. A despot Charleston, SC, to come to the Na- approval will pass the House. In short who continues to build nuclear weap- tion’s Capital—a trip that typically order, the Senate will have to vote on ons to keep himself in power even as takes about 63 minutes—3 hours later, it. That is going to be the true test. his people die of starvation. In a de- I had not yet arrived in Washington, That will be the metric history uses to mocracy, that doesn’t happen. We have DC. determine whether Republicans are checks and balances for a reason. On a vote that, to me, should not be willing to put our country, our Con- I am going to vote aye on this joint a vote at all—this should be common stitution, and Congress itself over resolution of disapproval. I urge all sense, but it certainly was not common party. Senators to do the same. Have checks sense, so we had to have a vote on an While the President’s emergency dec- and balances. issue that is very near and dear to my laration stumbles its way through the I remind the President to treat emer- heart. courts, I hope my Republican friends gency declarations the same way they I will say without any question that take a moment to take stock of where have been treated since 1976, the way— the frustration I felt at being late to we are. President Trump will be just a certainly in my experience—Presidents that vote was one that was incredibly blip in our Nation’s history. But for the Ford, Carter, Reagan, both Bushes, irritating and infuriating. I had sake of appeasing a man who hundreds Clinton, and Obama did. That pre- planned to be on the floor of the Senate of times made a foolish campaign served democracy. Was it frustrating voting yes on a commonsense piece of promise, never grounded in reality, will to each of them at times? Of course it legislation, the Born-Alive Abortion they forever change the course of the was. I remember long discussions with Survivors Protection Act, but was un- separation of powers in our country? President Ford, President Carter, able to make it because a 1-hour flight For the sake of appeasing a President President Reagan, President George H. took more than 3 hours, and I arrived who detests any limits or checks on his W. Bush, President George W. Bush, here about 4 minutes after the close of authority, will they forever diminish President Clinton, and President the vote, which also is quite frus- the role of Congress as a coequal Obama. They would say: We want to do trating. branch of government? We are the this. A number of us had to say: You But what is even more frustrating longest surviving democracy on Earth don’t have the authority to do that. than that is that in a nation of good today because there are checks and And they realized that. conscience, we would be debating and balances. It is not the person who holds the of- having a conversation about a child I am reminded of words of caution fice. It is not the Presiding Officer. It who is born, sitting there, alive, sepa- written by George Washington, our is not me. It is not the other 98 Mem- rated from her mother, that there Founding Father and our Nation’s first bers of this body. It is not the Presi- would be a question of whether that President, in his Farewell Address. The dent of the United States. It is not the child should be able to continue to live. words are as true today, and we read Members of the House. It is not the This is an issue that has been raised this Farewell Address every year on members of the courts. What rules this by people coming out of New York and the floor of the Senate. Here is what country is our Constitution. We are a more recently by people coming out of President Washington wrote over 223 democracy. We must keep it as a de- Virginia and by the Governor—who years ago: mocracy. Look what happens in those happens to be, from my understanding, It is important, likewise, that the habits of countries where they ignore democracy a pediatric surgeon—who suggested it thinking in a free Country should inspire and have despots. In Venezuela, people is OK to allow that child to die. caution in those entrusted with its adminis- are going without food and medicine. Whether you are pro-life, as I am, or tration, to confine themselves within their pro-choice, as others, I cannot imagine respective Constitutional spheres; avoiding In the Philippines, where there is a des- in the exercise of the Powers of one depart- pot, there have been murders of people that this would even be an issue of de- ment to encroach upon another. The spirit of who are just under suspicion, encour- bate or discussion between the two encroachment tends to consolidate the pow- aged by him. We have seen the deaths sides. There is no side on this topic. ers of all the departments in one, and thus to of thousands of people in North Korea There cannot be a side about life sepa- create whatever the form of government, a because of a despot who does not care rated from the mother and whether real despotism. . . . If in the opinion of the and has no sense of morality. that life should continue to live. This People, the distribution or modification of America is so much better. Follow is common sense. This is human de- the Constitutional powers be in any par- cency. This is not an issue of being pro- ticular wrong, let it be corrected by an our Constitution. Obey our Constitu- amendment in the way which the Constitu- tion. Realize there are checks and bal- life or pro-choice. This is being pro- tion designates. But let there be no change ances. Have both Republicans and child, which we all should be. by usurpation; for though this, in one in- Democrats stand up and join. Remem- So I find myself at a loss for words, stance, may be the instrument of good, it is ber what George Washington said. It standing on the floor of the U.S. Sen- the customary weapon by which free govern- was good advice back then; it is good ate—where a vote yesterday failed by ments are destroyed. advice today. several votes—having to discuss what That is what George Washington I yield the floor. doesn’t make sense. said. He warned us against despots. Re- I suggest the absence of a quorum. I have recently spoken to a group in member, this was a man who could The PRESIDING OFFICER. The Charleston, SC, during Black History have remained President for life, and clerk will call the roll. Month, where the GOP and African he voluntarily stepped down after a The bill clerk proceeded to call the Americans were in the same room hav- second term. He was a man who did roll. ing a great conversation about the that because he wanted democracy to Mr. SCOTT of South Carolina. Mr. issues that are important to our Na- thrive. President, I ask unanimous consent tion. We talked about so many of the He spoke of the three coequal that the order for the quorum call be powerful issues of economic oppor- branches of government—the execu- rescinded. tunity and opportunity zones. There tive, the legislative, and the judici- The PRESIDING OFFICER. Without may have been some disagreement on ary—and he was reminding us that if objection, it is so ordered. whether we should have higher taxes or you let one encroach upon the other, S. 311 lower taxes, but there was no disagree- you start down the path of despotism. Mr. SCOTT of South Carolina. Mr. ment on the issue of infanticide. There We don’t need that in this country, es- President, I was necessarily absent was no disagreement whatsoever. In pecially in this age. We don’t. from yesterday evening’s vote on clo- the room, whether you were to the left

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.011 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1457 or to the right, there was one thing by at least one Senator from the nomi- data to do their job more safely and ef- that was common, and that was the nee’s State, and to this day no circuit fectively. The combination of real-time value of life. court judge has ever been confirmed mapping and GPS locaters has been re- I traveled to Little Rock, AR, this despite opposition from their home ferred to by the industry as the ‘‘Holy weekend to speak at another Black State Senators. All that would change Grail of Wildland Firefighter Safety.’’ History Month event, where Repub- if Mr. Miller is confirmed. Last month’s report on the dev- licans and Democrats were coming to- His confirmation hearing was held astating Mendocino Complex fire shows gether at the Governor’s Mansion to during a recess last Congress, when the why this is the case. According to this have a conversation about moving this vast majority of Senators were back in report, one of the challenges frontline Nation forward and about reconcili- their States. In fact, only two Members firefighters had to face was the fact ation. In the room, we had conversa- of the U.S. Senate were present at the that they weren’t sure exactly where tions about the tragedies in Virginia, hearing, and neither one of them were the fire was. The safety officers didn’t from the blackface tragedy to the Democrats. Mr. Miller was questioned always know where the firefighters are. issues with the three ranking members for less than 5 minutes—5 minutes— In one case, no one knew where six en- in the Commonwealth of Virginia. and when the Judiciary Committee trapped firefighters were. The result When I started talking about the value Democrats requested another hearing, was that all six suffered injuries be- of human life, the intrinsic value of that request was rejected. cause it took quite a while to locate each human being, there was 100 per- Confirming Mr. Miller without a full and rescue them. cent support that we are a nation that vetting by both Democrats and Repub- Under this legislation that will be should always value the life of a born- licans is the wrong way to proceed on a voted on by the House today, we will alive child. There was not a single dis- lifetime appointment. Moreover, con- have more drones orbiting high over sent in a room of nearly 400 people. firming Mr. Miller without approval the fires, constantly updating fire To have to have a debate on the floor from Senator MURRAY and I would set maps and doing it more than just once of the Senate about something that a damaging precedent. a day, which has been the standard every American with whom I have spo- I do have concerns about Eric Mil- until now. These drones employ infra- ken, in airports or at events, agrees ler’s record. He has spent much of his red cameras that can penetrate there is nothing to debate, frustrates career fighting against the interests of through thick smoke and better iden- me. So while I am saddened and frus- Tribal governments and Tribal sov- tify hotspots. Air tankers will be able trated, I have been encouraged by my ereignty. He has argued cases opposing to more accurately drop their fuel fellow Americans—from Arkansas to Tribal fishing rights, challenging Trib- retardants, and we can tell firefighters South Carolina, to Tennessee—who al sovereignty, and fighting against the on the frontlines how to steer away have all come to the same conclusion, protection of Native American reli- from areas that are just too dangerous and that is that a born-alive child de- gious and traditional practices, so it is to tackle. serves to live. no surprise that organizations rep- When I heard the stories of brave We may disagree on other points, but resenting all 573 Tribal nations around firefighters who battled fire that raged this is a place where there is universal the United States, including the Na- in many parts of my State, I knew we agreement with the folks I have spoken tional Congress of American Indians, needed to do more to protect these un- to. These are folks who don’t vote for oppose Mr. Miller’s confirmation. believable heroes. Whether it is in Republicans or Democrats; they all I urge my colleagues to stop this Eastern Washington or Central Wash- vote for children. They all vote for life. process and oppose Mr. Miller’s con- ington—in the Okanagon and We are a nation that must continue firmation to the Ninth Circuit Court of Wenatchee forests or around Spokane— to value life. For some reason, some- Appeals. we have to do more to help those com- how, this body missed that opportunity S. 47 munities and firefighters who are put- to reinforce that value system before Mr. President, I also want to com- ting themselves on the line for us. the American public, to say to each ment on upcoming action in the House, This legislation also allows the For- child born: No matter your State, no where they are scheduled to take up S. est Service to access NASA’s mapping matter your challenges, you have in- 47, the Murkowski-Cantwell lands technology to help prevent mudslides trinsic value. package later this afternoon, which re- that are all too common after these I yield the floor. ceived 92 votes in the Senate earlier horrific fires. We all know erosion can The PRESIDING OFFICER (Mr. this month. happen shortly after the devastation of CRUZ). The Senator from Washington. It is my hope that the House will ap- vegetation, and that creates more dam- NOMINATION OF ERIC D. MILLER prove this bill with the same over- age in the community. The fact that Ms. CANTWELL. Mr. President, I whelming that it received in the Sen- we will be getting NASA access, we rise in opposition to a nomination we ate, and send this legislation quickly will then be able to come up with strat- are going to be vote on very soon—the to President Trump’s desk. egies to prevent erosion, cutting the confirmation of Eric Miller to serve on I want to take a moment to empha- time significantly from where it is the U.S. Court of Appeals for the Ninth size four important provisions of this today. Circuit. legislation as we prepare for this year’s The fourth provision is improving As a U.S. Senator, I take my obliga- upcoming fire season. smoke forecasting by assigning mete- tion to advise and consent on judicial This legislation includes four provi- orologists to every large fire. I know nominations very seriously, and I be- sions that will help firefighters im- some people are thinking this probably lieve Mr. Miller’s confirmation process prove their safety and effectiveness and has already been done. Believe me, we has gone against longstanding Senate bring state-of-the-art technology to haven’t given the Forest Service every tradition and norms and limited our combating wildfires. These provisions tool it needs. role to advise and consent on his nomi- will help firefighters and communities, Over the last few years, summers in nation. and we need to do everything we can as the Puget Sound region have suffered This nomination has proceeded over we face longer fire seasons having more as fires have blanketed our normally the objection of both myself and my catastrophic events. We need to give pristine air with smoke and unhealthy colleague from Washington, Senator communities and firefighters every air. We know this is becoming a new MURRAY. For more than 100 years, con- tool possible. normal. As the Western United States ferring with Senators and allowing First, this legislation allows for the continues to become hotter and drier, them to advise and consent on judicial use of drones to create real-time fire fires become more and more likely, and nominees in their home State has been mapping, as well as GPS to track fire- as the fuels get drier, the number of our process. fighter crews. These advances will help fires increase and get even bigger. Since 1936, only eight judges have enable real-time tracking and location This isn’t just an Eastern Wash- been confirmed when one home State of both the fire and the firefighters. ington problem. Our Washington State Senator objected. In every case, con- Why is this so important? It is be- Department of Natural Resources re- firmed nominees have been supported cause our firefighters need real-time sponded to 1,800 fires last year, and 40

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.013 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1458 CONGRESSIONAL RECORD — SENATE February 26, 2019 percent of those were in Western Wash- of Americans said they support pro- tunately, what she saw was somebody ington. According to researchers at the viding medical treatment for babies who looked exactly like you and me. University of Washington, just 20 years who survive abortions. I can’t imagine She wrote about the moral collapse as- from now, we will see the median an- what the other 25 percent are thinking. sociated with the holocaust. She noted nual burned area in the Northwest dou- But there are no Federal laws requiring that ‘‘in the Third Reich, evil lost its ble from what we have seen in the last healthcare providers to care for these distinctive characteristic by which 50 years. babies just as they would any other in- most people had, until then, recognized We know we need more tools to com- fant in their care, and for some Mem- it.’’ She said that the problem is that bat these challenges, and the legisla- bers of the opposing party, they are at that point it became a ‘‘civil norm.’’ tion we have already passed in the Sen- just fine with that. She wrote: ate and that is before the House today We all know that a few weeks ago, Evil comes from a failure to think. It de- will provide these new technology and Virginia Governor Ralph Northam fies thought, for as soon as thought tries to training tools to empower the Forest made disturbing comments about how engage itself with evil and examine the Service to help our communities and to not care for certain newborns. He premises and principles from which it origi- our firefighters: real-time fire map- was asked: What would you do with a nates, it is frustrated because it finds noth- ing there. ping, more drone technology to give us child with birth defects? real-time information about the fires, He said: Well, the infant would be de- ‘‘That,’’ she said, ‘‘is the banality of using NASA data to help us plan post- livered. The infant would be kept com- evil.’’ fires, and giving us more smoke fore- fortable. The infant would be resusci- She concluded by saying: casting information to better help our tated, if that is what the mother and Nearly everybody who attended the trials communities and to deal with those the family desired, and then a discus- of mass killers after the war, some of them who are impacted by heavy smoke. sion would ensue between the physi- respected doctors and pharmacists, came cians and the mother. away with the disconcerting impression that I hope our colleagues will act expedi- the killers looked pretty much like you and tiously on this legislation. We know Let me be clear. The Governor, who me. that wildland fire funding, as we in- is a pediatrician, by the way, essen- tially advocated for infanticide—kill- So while Republicans and Democrats creased it in an agreement last year, disagree on a range of issues, this was so important, but we need to keep ing a child who was born alive. Instead of saying, ‘‘well, it is my duty as a phy- should not be one of them. If we have working on this problem. one shred of our humanity left, we I thank my colleague from Colorado sician under the Hippocratic Oath to provide care to save the child,’’ he be- ought to agree that protecting human for helping to sponsor the inclusion of life is essential. This should have been this legislation and hope that the lieves the child ought to be made com- fortable, and then the mother and doc- a simple vote for every single Member President will sign this legislation very of this body. I can’t tell you how dis- quickly so that tools can be put in tor sit down and decide whether the child should live or die. appointed I am that 44 of our col- place for this upcoming fire season. leagues decided to vote no. I was proud I yield the floor. That is not healthcare. That is mur- der. I believe the Senate has a duty to to vote yes on the bill, yes to pro- I suggest the absence of a quorum. tecting these newborn babies, yes to The PRESIDING OFFICER. The act and ensure that no child born alive is subjected to the treatment described equal medical care for all infants, and clerk will call the roll. yes to life. The bill clerk proceeded to call the by Governor Northam. PRESCRIPTION DRUG PRICES roll. The bill we voted on last night would Mr. LANKFORD. Mr. President, I ask protect newborns who have survived Madam President, this morning, the unanimous consent that the order for abortions and ensure that they receive Senate Finance Committee held the the quorum call be rescinded. the same level of care that any other second in a series of hearings on pre- The PRESIDING OFFICER. Without newborn baby would. It builds upon a scription drug pricing. We all know objection, it is so ordered. previous law, which the Senate passed that across the country, the rising Mr. LANKFORD. I yield the floor. unanimously, called the Born-Alive In- costs of prescription drugs is placing a fant Protection Act. That bill passed strain on families. f unanimously in 2002, and it clarified A survey last summer found that RECESS that every infant born alive at any many Texans are struggling to afford the rising cost of healthcare, and three Mr. CRUZ. Under the previous order, stage of development is a person, re- gardless of the manner in which they out of five people surveyed reported the Senate stands in recess until 2:15 foregoing or postponing care because of p.m. were born. Yet yesterday, 44 Senators voted to allow that same person’s life the cost. That includes cutting pills in Thereupon, the Senate, at 12:45 p.m., half, skipping or rationing doses, or recessed until 2:15 p.m. and reassem- to be ended with impunity. The legislation we voted on yester- not filling a prescription because they bled when called to order by the Pre- day would simply clarify that the in- simply can’t afford to do so. Some, siding Officer (Mrs. CAPITO). fants who survive abortions are enti- though, are taking even more drastic f tled to the same lifesaving care that steps. EXECUTIVE CALENDAR—Continued other babies should receive. That is Last year, a widow in Austin consid- why it is so shocking to me that 44 of ered selling her house to pay for the ex- The PRESIDING OFFICER. The Sen- our colleagues chose to vote against pensive drugs she needed to treat hepa- ator from Texas. even proceeding to a debate and a vote titis C, which had killed her husband S. 311 on the matter. years earlier. Many Texas families Mr. CORNYN. Madam President, yes- I am trying to think of a historical have begun the dangerous practice of terday evening the Senate had an op- counterpart to this. I was reminded of buying their drugs in Mexico—even portunity to go on record and show our a book I read not long ago called though they may be counterfeit—be- constituents that we supported the ‘‘Eichmann in Jerusalem.’’ This is cause they think they are more afford- most vulnerable among us. The Born- about the trial of Adolf Eichmann after able than filling a prescription in the Alive Abortion Survivors Protection the atrocities of the holocaust, during United States. Act would require doctors to treat a which 5 million Jews were killed. The With healthcare costs continuing to baby, once it is born, with ordinary author, Hannah Arendt, was trying to press more and more of our hard-work- medical assistance, something they figure out what kind of monster could ing families, things aren’t expected to would do under any other cir- basically provide for the machinery get any easier any time soon. The Cen- cumstances, even though this entailed that ultimately would take the lives of ters for Medicare and Medicaid Serv- surviving an abortion. 5 million Jews. ices estimated that between 2018 and If you ask the American people, they What she saw when she looked at 2027, consumers could expect to see pre- would say this is just common sense. In Eichmann was not some monster that scription drug spending increase by an a recent poll, more than three-fourths looked different from you or me. Unfor- average of 6.1 percent a year. That is a

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.014 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1459 faster increase than hospital stays, Sego. She told us about her family’s pany, that causes me grave concern. I doctors’ visits, or any other cost in the struggle to pay for her adult son’s insu- have talked to Chairman GRAHAM of healthcare sector. lin. Even though this drug has been the Judiciary Committee, which has This spending doesn’t just have an around for nearly a century, a 1-month jurisdiction over patent-related issues, impact on patients. It accounts for a supply for Kathy’s son Hunter costs her and he told me he would work with me large portion of our national economy. family $1,700 out of pocket. to find a solution to gaming the patent In 2017, the national health expendi- Unlike many brand-name prescrip- system in order to protect that exclu- tures totaled $3.5 trillion. That is 18 tion drugs that have lower-cost alter- sive right to sell a drug beyond the percent of our gross domestic product. natives, like a generic, insulin does normal patent period because it is, ul- Prescription drugs account for 10 per- not. Part of our discussion at today’s timately, the consumers who are being cent of our total health expenditures, hearing was the topic of ‘‘biosimilars,’’ cheated and being denied access to the more than $330 billion. They have an or what could be considered a generic lower cost drugs. impact on our entire country. version of a biologic type of drug. As As with insulin, there is no good rea- The Senate Finance Committee is the FDA is moving to make insulin son why, after all of these years, con- digging into the reason behind those subject to biologic competition in the sumers have to see price increases ap- rising costs. The journey a drug takes future, I asked our witnesses about this proaching 585 percent. We need answers from research and development to the move and how it could potentially to those questions, and we will get an- manufacturing plant, to pharmacy serve as a solution for families like swers to those questions. shelves, and to our medicine cabinet is Kathy’s, who struggle with the out-of- I yield the floor. enormously complicated. I wonder pocket costs and copays as a result of I suggest the absence of a quorum. whether it is complicated by design. the insulin with which they treat their The PRESIDING OFFICER. The Once a consumer has purchased a drug, diabetes. clerk will call the roll. figuring out who gets each dollar spent As part of that effort, last week, The senior assistant legislative clerk practically requires the forensic skills Chairman GRASSLEY and Ranking proceeded to call the roll. of a Sherlock Holmes. Member WYDEN launched a bipartisan Mr. DURBIN. Madam President, I ask What I find particularly concerning, investigation into insulin prices. In let- unanimous consent that the order for and something we spoke about at ters to leading insulin manufacturers, the quorum be rescinded. length today, are the rebates and other they requested information on the re- The PRESIDING OFFICER. Without discounts provided by manufacturers. cent price increases—some as high as objection, it is so ordered. Pricing from one pharmacy to another 585 percent. NOMINATION OF ERIC D. MILLER can be wildly inconsistent, and rebates As I expressed today to one of the Mr. DURBIN. Madam President, I are often the root of the problem. In representatives from the drug com- rise in opposition to the pending nomi- another context, what is now called a pany, I understand the need for drug nation of Eric Miller to serve on the rebate might be called a kickback. Re- companies to do research and develop- Ninth Circuit Court of Appeals in a bates are the key to determining if a ment and that because they are grant- seat based out of the State of Wash- particular drug is covered by your in- ed patents for these innovative cures ington. surance, and that can impact therapies that they come up with, they have the If the Senate chooses to confirm Mr. that you have access to. Despite the exclusive right to sell those drugs dur- Miller, it will be a historic decision be- impact they have, the terms of rebates ing the terms of the patents. Yet I cause it will be the first time ever are mostly cloaked in secrecy. I don’t don’t understand why a drug that has since the introduction of blue slips think that is an accident. If you ask been around for decades, like insulin, over 100 years ago that the Senate has pharmacy benefit managers and plans still costs $1,700 for somebody to pay confirmed a nominee who is not sup- about rebates, they will argue that each month on an out-of-pocket basis, ported by either of the home State overall they are a good thing and can and where we have seen recent price in- Senators from the State in which he help lower insurance premiums across creases as high as 585 percent, it makes will be seated. the board. The issue, though, is that absolutely zero sense to me. I am eager What is a blue slip? It is basically a the extra money has to come from to hear from these manufacturers and consultation with the Senate before we somewhere. So list prices are often other players in the pharmaceutical move forward on a nomination. It is a raised to cover the difference. When system about why these prices are ris- courtesy that has been extended. It is that happens, the consumers are the ing so rapidly and how we, in working an effort to try to find some common ones who take the hit. For everything together, can provide relief to families ground, some understanding, perhaps you pay within your deductible—and who bear the brunt of manufacturers’ some moderation when it comes to the many deductibles in this post-Afford- decisions. choice of nominees. It has been abused able Care Act era are up in the thou- I conclude by saying that I also had in some cases, but the two Senators sands of dollars—you pay 100 percent of an interesting conversation with one of here—Senator CANTWELL and Senator the retail cost. You get zero benefit the witnesses from the drug companies, MURRAY—are well known in this body from the rebate. As the list price goes the manufacturer of HUMIRA. for being reasonable people who try to up, your out-of-pocket costs go up. HUMIRA is one of the best-selling find solutions to problems and work That is why the stories of families drugs in the world for the treatment of well with both sides of the aisle. Yet, struggling to cover costs are becoming rheumatoid arthritis and other things. in this case, the Trump White House more and more prevalent. The company that makes HUMIRA has decided that they are going to push Some of the people who suffer the earns $18 billion a year in revenue from this nominee for the Ninth Circuit in most from the rebate system are people the sale of HUMIRA. When I asked why their home State of Washington who take insulin. Diabetes is one of the it was necessary for the company to against their wishes. If Mr. Miller is most common and pernicious illnesses have more than 100 different patents to confirmed, we will have taken away in our healthcare system in America cover that drug when the drug is essen- yet another guardrail in the Senate ad- today. Because we eat too well and ex- tially the same molecule, the gen- vice and consent process. ercise too little, many people develop tleman representing the drug company If you follow what has happened in diabetes, and the only treatment is to did not give me a satisfactory answer. the Senate over the last 2 years and a take insulin. Unlike most of the pre- I can understand the importance of few months, you know that the highest scription drugs out there, insulin is a recouping those R&D costs and the single priority of Senator MCCON- biologic, meaning it is generally more benefits of providing a patent for a rea- NELL’s—the Republican leader—is to expensive to make and more expensive sonable period of time to recoup those fill the Federal judgeships, to put in to buy. costs and make a profit. I am OK with place men and women who will serve A few weeks ago, I spoke here on the that. Yet, when you see the patent sys- literally for a lifetime, as long as they Senate floor about a woman from Indi- tem being manipulated in a way that live. He is determined to do it. There is ana who came to the first hearing we maintains that exclusive right to sell a template for the people who they find had on prescription drug costs, Kathy that best-selling drug by a drug com- acceptable. If you have been a law

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.018 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1460 CONGRESSIONAL RECORD — SENATE February 26, 2019 clerk for Clarence Thomas, you check was a movie about Mexico. It received record and legal views. He is 43 years the box, you are ready to go—a lifetime quite a few awards, and I thought it de- old—43 years old—three more decades appointment. If the Federalist Society served them. It raised some painful to hand down decisions. decides you are the right person for the questions for people living in Mexico. I It is astonishing that the Senate Supreme Court of the United States, know because I have spoken to Mexi- would vote to confirm a nominee this box checked, off we go. can Parliamentarians at a dinner a few controversial over the objection of Instead of relying on common sense, weeks ago. It is the treatment of indig- home State Senators and to break a moderation, and judgment, we are enous people. century-old tradition in the Senate to going through a formula here to put Most countries in the world, includ- do it. These Senators represent mil- people on the bench for a lifetime— ing the United States, haven’t written lions of people in the State of Wash- those who have been approved on the a very admirable record when it comes ington. Their good judgment has been Republican side of the aisle. Make no to the treatment of people who were recognized by election and reelection. mistake—under Democratic Presi- here before we ‘‘arrived.’’ What we But when it comes to having a voice in dents, we look to nominees who are have done to Native Americans in this the selection of a circuit court nomi- closer to our value system, for sure, country, sadly, is nothing to brag nee who will be serving their State for but we never walked away from the about. They were dispossessed, relo- the next three decades, they have been blue slip process until this nominee— cated for their lands, and many times shunned and pushed aside. the first time ever it has been done. treated in the poorest possible fashion. I think the Republican majority is We have seen so many things change The movie ‘‘Roma’’ was about indige- making a mistake. They are so bound under the Republican leadership in the nous people of Mexico who are serv- and determined to fill these vacancies Senate when it comes to the selection ants, and some would say slaves, to that they are abandoning basic Senate of judges. families who have more money in Mex- traditions—which, in fact, will slow We used to say that if you are found ico. So the question of the treatment of things down from time to time, I am unqualified—not qualified—by the Native Americans is not something ready to admit, but also put at least a American Bar Association, forget it. that we can just push back in the pages note of caution into a critical judg- Go about your business. Do something of history; it still confronts us in the ment process. else. We are not going to put you on United States today, as it does in other Blue slips encourage consensus and the bench for life. Well, we have de- countries, like Mexico and Australia cooperation between the Senate and cided, under the Republican leadership, and so many others. the White House. There isn’t a single that is no longer the case. Simply So what does this have to do with one of us serving in the Senate who being unqualified is not enough to dis- this nominee? It turns out that in a hasn’t counted on that cooperation to qualify you. rare moment, the National Congress of make sure that lifetime appointments We have also said that when it comes American Indians weighed in against to the Federal judiciary are people who to the process of making these deci- Eric Miller for this circuit court nomi- can stand the test of time. Although sions, we will have hearings where we nation. The National Congress of they may not agree with any Senator will consider multiple candidates in American Indians opposed his nomina- every single time, they bring judg- the same day. Let’s run them through. tion. Here is what they wrote in a let- ment, experience, balance, and modera- Of course, you know what happens ter to the Judiciary Committee, and I tion to their service. Blue slips ensure when you do that: You get in a hurry, want to quote it in its substance: that the voices of the American people, and you end up putting people on the Our concern is that he chose to build a law through their Senators, are heard in bench for life who shouldn’t be there. practice on mounting repeated challenges to this process, and they help steer the We have also decided in this White tribal sovereignty, lands, religious freedom, nomination process toward the middle House that we will send people off to be and the core attribute of federal recognition of the road. Without blue slips, the Federal judges who have never been in of tribal existence. His advocacy has focused White House can ignore home State in- a courtroom in their lives—not once. on undermining the rights of Indian tribes, terests and pick extreme judges who do Maybe they watched ‘‘Perry Mason’’ on often taking extreme positions and using not have the confidence of that State’s some retro channel, but that is about pejorative language to denigrate tribal rights. Indeed, his law firm website touts his legal community. as good as it ever was for some of record, with over half of his private practice This decision—for the first time in a them. achievements coming at the expense of trib- century—to abandon blue slips for the I recall one of the nominees from the al governments. Given his strong preference sake of putting this man in a lifetime Trump White House. It was a moment for clients who oppose tribes, there are con- position on the circuit bench could af- in the history of the Senate Judiciary siderable questions about whether he would fect every one of our States someday. I Committee. Senator JOHN KENNEDY of be fair in hearing cases regarding tribal can’t understand why my Republican Louisiana asked him some basic ques- rights. colleagues want to diminish their au- tions about what it meant to be a judge You might say to yourself: Well, that thority, their ability to safeguard and some of the things he would have has to be a narrow area of the law— against judges who should not be ap- to rule on. It was a sad moment. It re- Tribal rights—and if he happens to con- pointed for life. That is what we are minded me of my worst days in law sistently get that wrong, how impor- doing on the vote to confirm Eric Mil- school when I didn’t know the answers tant could it be? ler to the Ninth Circuit. to the test or to the question being Take a look at the fact that he has I will oppose his nomination. I urge asked by the professor. This nominee, aspired to be a nominee to the circuit my colleagues to do the same, if for no thankfully, withdrew. He never should court—the second highest court in the other reason, so that when the time have been nominated. land—in the Ninth Circuit. The Ninth comes—if it ever comes—that you ask In this case, when it comes to Mr. Circuit includes 427 of the 573 federally for the respect of this body when it Miller, neither of the Washington Sen- recognized Tribal nations of America. comes to the selection of an important ators returned a blue slip on him, and That circuit he aspires to for a lifetime Federal judge, you will receive it re- they have a reason. He is 43 years old; appointment hears more cases involv- gardless of who the President may be. he may serve on the bench for three ing Tribal issues than any other Fed- Madam President, I yield the floor. decades or more. In his relatively short eral circuit. It is deeply troubling to I suggest the absence of a quorum. legal career, he has demonstrated that see a Ninth Circuit nominee whose im- Mr. CRUZ. Madam President, I ask his views are far outside the legal partiality on Tribal legal matters is in unanimous consent that the order for mainstream, particularly when it question. the quorum call be rescinded. comes to one legal issue—the issue in- Mr. Miller’s nomination is opposed The PRESIDING OFFICER. Without volving Indian Tribes. by not only the National Congress of objection, it is so ordered. I don’t know if you watched the Os- American Indians; he is also opposed 183RD ANNIVERSARY OF TEXAS’S INDEPENDENCE cars, but I did, and I was watching for by a broad array of civil rights, envi- FROM MEXICO a movie that I saw that I was im- ronmental, labor, and other organiza- Mr. CRUZ. Madam President, this pressed with. It was called ‘‘Roma.’’ It tions that are concerned about his Saturday, March 2, the great State of

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.020 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1461 Texas celebrates the 183rd anniversary these things called debates that we There was another circumstance in of its independence from Mexico. used to have on the floor of the Senate. which Senators had recommended a Texas became a free republic—for 9 I read about something called an nominee for the district court but then years our own nation—and soon after amendment, which apparently is a way refused to submit blue slips when that became one of these United States. that an individual Senator calls up a judge was elevated to the appellate As is tradition, in commemoration of proposal or an initiative and puts it on court. Once again, Senator LEAHY hon- the brave Texans who fought and died the floor for an up-or-down vote. ored that precedent. for liberty and the rule of law, let us Those things don’t really happen Now Republicans have already taken reflect a moment on the immortal anymore in the U.S. Senate. We don’t advantage of Senator LEAHY’s decision words of Colonel William Travis, the have open-ended debates on the big to uphold precedent. I will just give leader of the besieged forces at the policies of the day. you a couple of examples. Alamo. His clarion call for reinforce- I get it. When Republicans control In the Seventh Circuit, Michael Bren- ments resounded around Texas and the Senate, they control the agenda. nan was confirmed for a seat that had still rings with strength today. When Democrats control the Senate, been held open by Republicans since Indeed, it has a special place in my they control the agenda. At the very 2010. So, had Chairman LEAHY decided heart because the very first time I least, I would have hoped that the Sen- to move forward without blue slips, spoke on this Senate floor, I read from ate majority, now in Republican hands, that Seventh Circuit seat could have Travis’s letter from the Alamo. It was would put their policy initiatives be- been filled, but because he upheld tra- during Senator RAND PAUL’s extended fore the Senate so we could have an dition, it was left open, filled by Re- filibuster in defense of individual lib- open debate. That doesn’t happen any publicans. erty. It fit then, and it fits now. It is a longer. All we seem to be doing these Similarly, for a district seat in South letter that has stood for the ages— days is voting on judges. Carolina, Marvin Quattlebaum was written to us today, demanding that we Now, that is a really important func- confirmed to a seat that had been held stand with all good and free people tion of the U.S. Senate, and I am glad open by Republicans, again, since 2013. against oppression and reminding us we are doing it, but today we are going So Republicans have already taken to do something truly exceptional, that there are some things worth dying advantage of the fact that Democrats which causes me, once again, to wonder for. upheld the blue-slip precedent, but now what my job here is and to feel a little The letter reads as follows: they are taking it a step further. bit of sadness as to how it has changed In the past, when Republicans have Commandancy of the Alamo, and how much less substantive the Bexar, February 24th, 1836 changed the rules here, as they did on To the People of Texas & All Americans in input of each individual Senator is in the number of votes required to elevate the World: the direction of this country. a judge to the Supreme Court, they Fellow citizens & compatriots—I am be- Today, for the first time in the his- claimed it was because Democrats sieged, by a thousand or more of the Mexi- tory of blue slips, we are going to vote started it. I don’t agree with that ra- cans under Santa Anna—I have sustained a and, I assume, confirm a judge who tionale. If you found the change for dis- continual Bombardment & cannonade for 24 didn’t get one blue slip from either of hours & have not lost a man. trict court nominee so objectionable, I the home State Senators from which am not sure why you would decide to The enemy has demanded a surrender at that judge comes from and is going to discretion, otherwise, the garrison are to be go further, but there is no excuse of serve. that kind here. This is just a brash put to the sword, if the fort is taken—I have This has never happened before. Yet answered the demand with a cannon shot, & power grab because there is no claim today we will vote on Eric Miller’s our flag still waves proudly from the walls. I that Democrats, when they were in the nomination to be a judge on the Ninth shall never surrender or retreat. majority, violated the blue-slip prin- Circuit from Washington. He is 43 years Then, I call on you in the name of Liberty, ciple. This is a fresh violation of tradi- of patriotism & everything dear to the Amer- old, so he is going to be there for an tion here in the Senate. ican character, to come to our aid, with all awfully long time. dispatch—The enemy is receiving reinforce- Eric Miller did not get a blue slip There is a reason we give deference ments daily & will no doubt increase to three from either of Washington’s Senators. to home State Senators. In these or four thousand in four or five days. Let me say that again. That has never States and in these districts, there are If this call is neglected, I am determined to happened before in the Senate. In fact, particular issues that are important to sustain myself as long as possible & die like their constituents that may be unique a soldier who never forgets what is due to his the last time a judge was confirmed without both blue slips was in 1989. to their area in which they have more own honor & that of his country—Victory or knowledge than the rest of us do. Some Death. That was the last time before this Con- of the reasons Senators MURRAY and William Barret Travis gress that any judge was confirmed Lieutenant Colonel Commandant without both blue slips. CANTWELL are so concerned about this P.S. The Lord is on our side—When the In that instance, it was a Democratic nominee are his extremist views on the enemy appeared in sight we had not three chairman of the Judiciary Committee issue of Tribal sovereignty, which is a bushels of corn—We have since found in de- who was confirming a judge over the very big deal in the State of Wash- serted houses 80 or 90 bushels & got into the objection of another Democrat. This is ington, and the idea that they are walls 20 or 30 head of Beeves. going to have somebody sitting in the Travis very different. These are two Demo- cratic Senators from Washington, nei- Ninth Circuit who has these extreme I yield the floor. ther of them returning a blue slip on views on limiting the rights of Tribes I suggest the absence of a quorum. Eric Miller. Yet the majority has de- is of great concern to their constitu- The PRESIDING OFFICER. The cided to go ahead and proceed with this ents. That is why, traditionally, we clerk will call the roll. confirmation. have allowed for individual Senators to The senior assistant legislative clerk This is a serious break with prece- have that kind of voice and that kind proceeded to call the roll. dent. The last time Democrats con- of say. No longer. Mr. MURPHY. Madam President, I trolled the U.S. Senate, Chairman I would just hope that my Republican ask unanimous consent that the order LEAHY was the head of the Judiciary friends understand how this works. for the quorum call be rescinded. Committee, and he did not hold a sin- Once the rule is gone, once the tradi- The PRESIDING OFFICER. Without gle hearing on an Obama nominee who tion is gone—listen, I am a relatively objection, it is so ordered. did not have two blue slips—didn’t hold junior Senator here, so I don’t want to NOMINATION OF ERIC D. MILLER a single hearing even when there were speak for those who are going to be the Mr. MURPHY. Madam President, exceptional circumstances. There was chairman and ranking members of there have been some days recently one time when Senators initially re- committees in the future, but I would when I kind of wonder why we even turned the blue slips but later re- imagine it is not coming back. I would show up to the Senate any longer. This scinded them. Those are two Repub- imagine—once we get through today job is not what it used to be. lican Senators who submitted them, re- and Republicans have decided that in- When I get the chance to read about scinded them—did not go forward with dividual Senators, unless they happen the history of the Senate, I read about the nominee. to be a member of the majority party,

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.022 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1462 CONGRESSIONAL RECORD — SENATE February 26, 2019 no longer have any say in who is ap- our States are different. We are the more questions to get a good grade in pointed to their circuit courts—that United States, and each of our States high school than this gentleman did in horse has fully run out of the barn and has slightly different cultures, tradi- terms of the confirmation process of across the field. tions, and communities. The point of the Senate Judiciary Committee. I am I don’t know if that is a good thing having a Senate made up of 100 rep- very worried about the precedent this for this body because it is just another resentatives of our 50 States is for each sets, about what it says—which is that hit. It is just another assault on the of us to come here and carry forward we continue to push past norms and traditions of this place in which we some of the values and traditions of traditions in this body—and about used to try to work things out to- our States. where we are headed. gether, in which we used to honor the I am a member of the Delaware bar. It is my hope that some of my col- role that individual Senators have It is a bar with a great and proud tradi- leagues on the Judiciary Committee some say over what happens in their tion. It is a bar with a somewhat dif- will work with me in the months ahead own States and their own regions. ferent culture—a much more collegial to recognize that there is a long, now- I do sometimes wonder why we all culture, I would argue, than many bitter path of he said, she said, who keep on showing up here if we don’t States around us, and it was important shot John, who acted first, which has really debate legislation as we used to, to me to be able to advocate to the resulted in changes to the whole nomi- if we don’t get to offer amendments President, to the White House, for the nation process. anymore, and if we don’t have any say nomination of folks who would rep- I think we can yet pull back to a any longer in the judges who are ap- resent the best of our bench and bar. place where those who are nominated pointed in our States and our districts, Look, the President and I are in dif- are the best and brightest of our coun- and this is just another day that makes ferent parties. I understand that we try, where, in the process, there are me question that as well. will have different policy positions, but protections for the minority and the I yield the floor. in order to get the absolute best and majority, and where we can all end up The PRESIDING OFFICER. The Sen- brightest of the American bar and to voting proudly for those who are nomi- ator from Delaware. have them reflect the values and prior- nated to serve on the Federal bench of Mr. COONS. Madam President, I rise ities of the State Senators are elected the United States. today to offer brief remarks on the from, the blue slip was developed. I increasingly hear commentators on nomination of Eric Miller to serve on We have had a difficult and divisive cable talking about judges as if you the U.S. Court of Appeals for the Ninth and partisan period here in the Senate can know how they will vote based on Circuit. for as long as I have been here. I don’t the President who nominated them. I have concerns about Mr. Miller’s think it is because I am here, but it has So-and-so is described as a Bush judge controversial record—some of his ideas been as long as I have been here—since or a Reagan judge or a Clinton judge or and his jurisprudence—which I have 2010. We have had a number of regret- an Obama judge, a Trump judge or a spoken to on the Senate Judiciary table changes in the policies and the Bush judge, as if that tells you every- Committee, which informed my vote practices and the culture of this place, thing you need to know about a judge. against him on the committee. but proceeding with a confirmation It should not. But today, I want to speak about my vote of a nominee who was not sup- In my State, it doesn’t, and it is my reservations about this body’s moving ported by either home State Senator hope that we can yet pull ourselves forward with his confirmation, given for a circuit court position is unprece- back from the brink of one more step that neither of his home State Sen- dented. to a place where our judges are seen ators have returned a blue slip. I think, before we proceed, this body not as the black-robed individuals dis- Let me briefly talk about what a blue should stop and reflect on what this pensing independent justice but as slip is and why it matters. It is not in means for our future. In a district as folks wearing blue and red jerseys ad- the Constitution. It was not something small as Delaware, it is likely the Sen- vancing a partisan political agenda. imagined by the Founders. It was ators actually know the nominees. In a That way lies disaster for our constitu- something developed by the Members circuit as large as the Ninth, which is tional Republic. of this body to put one further bumper the largest, geographically, in our Both parties have taken steps that on the power of the President to nomi- whole country, it is almost a certainty have led us here. Both parties need to nate Federal judges and then for the that the Senators will not know the take steps that will heal this, and I in- Senate to carry out its constitutional judges nominated by the President to tend to vote against the nomination of advice and consent role. For a long represent their circuit. Mr. Miller because of my concerns time, it worked fine, and I actually had The blue slip has long been a proce- about these procedural changes that I a terrific experience with the blue-slip dural barrier to the President’s nomi- think are so destructive. process. Don McGahn, as the White nating people who did not reflect the I yield the floor. House Counsel, and my senior Senator, bench and bar of the States from which The PRESIDING OFFICER. The TOM CARPER, and I, when we had a va- they are drawn. The leader is pushing clerk will call the roll. cancy—two vacancies, actually, in the this forward, even over several other The legislative clerk proceeded to Federal district court in Delaware— nominees pending on this floor. call the roll. went to our local bar and asked for One other piece of the process that Mr. TILLIS. Madam President, I ask them to put together a committee to brought us to today to a vote on Eric unanimous consent that the order for interview potential candidates. Miller’s nomination for the Ninth Cir- the quorum call be rescinded. We went to the White House Counsel cuit that is worth commenting on is The PRESIDING OFFICER. Without and spoke about the importance of the that the confirmation hearing on the objection, it is so ordered. Delaware district court and the process Judiciary Committee was held while DECLARATION OF NATIONAL EMERGENCY we were following, and, in the end, out we were not in session. No Democrat Mr. TILLIS. Well, ladies and gentle- of a very wide pool of initial candidates was present to question this nominee. men, yesterday I took a position that I and the folks who were interviewed by The questions that were raised and the think some people consider to be un- a broad and nonpartisan selection com- comments that were made were only in popular—particularly some of my mittee of our local bar, we advanced writing and for the RECORD, and my un- friends back in my State—that I three names to the White House. The derstanding is, this questioning is very thought I would come back and ex- White House picked two, and they were brief—just 5 minutes before just a plain. It has to do with the President’s ultimately nominated, and Senator handful of Republican Senators, I Executive action. It also has to do with CARPER and I both returned the blue think two. communicating an important and som- slips on them. They proceeded. They This young man is going to be given ber subject. were both confirmed. They are now a lifetime appointment to one of the There is a crisis at the border. I have seated as district court judges. most important judicial posts in our been there. I didn’t read about it. I That is the way this ought to work. country. Frankly, my own kids have to didn’t watch it on TV. I didn’t read a Why does it matter? It matters because work longer and harder and answer tweet about it. I invested time down

VerDate Sep 11 2014 00:27 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.023 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1463 there, hours and hours with border se- the border, get people who will pay tional security crisis, a homeland secu- curity. I was on shallow draft boats. I thousands of dollars to cross the bor- rity crisis, and a humanitarian crisis. was on horseback. I have been on der, and then they will say: Civiliza- It is not the end; it is a portion of the ATVs. I spent a lot of time down at the tion is just an hour away. means. border, and the one thing I will tell you It is an hour plane ride away. Most I applaud the President for taking is that the President is absolutely people don’t understand the sheer size the action up here and getting things right. There is a crisis on the border— and scale of Texas, particularly those going. I hope that over time, we can and not only on the southern border, crossing the border in the dead of find a way to fully fund the border but I will state that ranchers on the night, working with basically orga- strategy on a bipartisan basis and also northern border also believe they have nized crime. You have to pay a toll to address other immigration issues that I challenges that this President is right get through the so-called plazas that believe are pressing for this Nation. to address. run the northern border of Mexico. Madam President, thank you for al- I also happen to agree with a good My problem right now has to do with lowing me to come to the floor and ex- portion of how the President is going an Executive order, the emergency dec- plain my position. to do it after Congress failed to do its laration that the President intends to If anybody in North Carolina has any job. Keep in mind that over the last send to Congress. questions, I know they know how to year, we have had on this floor Demo- My wife and I were having a discus- get ahold of me because my phones are crats and Republicans voting for as sion. She said: You just said you agree blowing up right now. But I do want to much as $25 billion for border secu- with the President that there is a crisis explain it to them in a way that makes rity—Democrats and Republicans—and on the border; you agree with the sense. I am a steward of the U.S. Sen- now we are fighting over a fraction of President that we need to send re- ate. I am a steward of the article I that. sources down to the southern border branch. That matters to me. The President needs to act. He got an and work on the northern border; you Thank you, Madam President. appropriation of about $1.5 billion agree that Congress has failed to act; The PRESIDING OFFICER. The Sen- through the negotiated settlement a and you agree that if you were Presi- ator from Minnesota. couple of weeks ago, and now he is tak- dent, you would do exactly what he is NOMINATION OF ERIC D. MILLER ing the only action he can until Con- doing. Ms. KLOBUCHAR. Madam President, gress acts, and that is to figure out I said yes. I rise today to join many of my col- other sources of funding that he be- She said: Why don’t you support it? leagues who have come to the floor and lieves he can use within current statu- I said: Because I am not the Presi- to express my opposition to the nomi- tory limits. The way he has done that dent. I am a Member of the U.S. Sen- nation of Eric Miller to be U.S. circuit is he has first taken the $1.3 billion ate. I am a Member of a coequal branch judge for the Ninth Circuit. I have al- that Congress did appropriate. He has who actually believes that this action ready expressed that opposition in my another $2.5 billion and another $600 falls within our purview. Now we are vote in the Judiciary Committee, but I million that I believe he is right to re- going to find out because I am sure we would like to explain this in more de- program, send to the southern border, are going to be challenged in the tail. and probably make some investment in courts. But I also worry not so much There are several troubling aspects of the northern border. about this one—frankly, even the way Mr. Miller’s background, particularly Here is where I have a respectful dif- this money is going to be programmed, his consistent opposition to Tribal in- ference of opinion with the President I agree with. What I worry about are terests and women’s reproductive and the administration: It is the emer- future Presidents and what they may rights. gency order, that under the emergency do if we set this precedent going into My State of Minnesota has a large powers act, he is using his authority to the future. and diverse Tribal population. I have appropriate the remaining funds. We actually have a Democratic can- always believed that our State history First off, those funds will come what didate running for President—this is has been drawn from the culture and we call the MILCON budget. That is one hypothetical. There have been traditions of our Native Americans. military construction. Right now, we some far-flung ones that I am not sure As a member of the Judiciary Com- are trying to find out what that I completely agree with, but let me mittee, I know that Tribal sovereignty means—which projects we think are give this one. It relates to border secu- is a fundamental tenet of our laws. The critical to help the readiness of our sol- rity. We have someone who is a Mem- Ninth Circuit is home to more feder- diers, sailors, airmen and marines; ber of this body who has publicly said ally recognized Tribes than any other which investments that we were going that their priority, if they were elected circuit—more than 425. So many of the to make, that we have already deter- to be President, would be to tear down cases that come before the court in- mined we should make in military con- borders, tear down walls, build bridges, volve Tribal issues. I am concerned struction, are going to be put on hold and open the borders. Well, if you that Mr. Miller has a history of rep- while we reprogram those dollars to go argue that there is a humanitarian cri- resenting interests that have sought to to the southern border. sis—and I have said there is already is undermine Tribal sovereignty. For ex- The real problem I have is that this one—what would prevent that Presi- ample, in a brief he filed before the Su- is only a fraction of what we all know dent from issuing an Executive order preme Court, he urged the Court to we need to secure the border. that would divert military construc- adopt a standard that would have un- I want to go back to the humani- tion funding to tear down the walls dermined the legitimacy of many fed- tarian crisis, though. My wife and I had that are going to be built now? If we erally recognized Tribal governments. an interesting discussion the other give this President—a President I sup- The National Congress of American night. She wasn’t too happy when I port and a President whose policies and Indians and the Native American took this position originally. I am still priorities I agree with—that authority, Rights Fund have come out against his not sure if she is happy. that could be aiding and abetting a fu- confirmation. I know the Senator from But to understand why I respectfully ture President and empowering them New Mexico, Mr. UDALL, is here and disagree with the President, you have beyond what I believe their authorities understands the major concerns, since to understand, again, as I started this are, vested in the Constitution in arti- he is the ranking member of the Indian discussion, that there is a crisis. There cle II. Affairs Committee, and how important are people dying. There are millions of So I have come here today in part to that concern is. It is only the third doses of poison coming across the bor- maybe take another stab at explaining time in the history of these two organi- der every single year that are killing to my wife why I have taken this posi- zations—the National Congress of tens of thousands of people. That is a tion but also to explain to the Amer- American Indians and the Native crisis. There are thousands of people ican people and folks in North Carolina American Rights Fund—that they have crossing the border and dying. They and across this country. I agree with opposed a judicial nominee. have what they call coyotes, human the President. I know we have a crisis In their letter to the Senate Judici- traffickers who will get them across we have to take care of. We have a na- ary Committee, they wrote that Eric

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.025 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1464 CONGRESSIONAL RECORD — SENATE February 26, 2019 Miller ‘‘chose to build a law practice on the world about the health of this Sen- tunity to object—this courtesy has mounting repeated challenges to tribal ate. been in place for more than 100 years as sovereignty, lands, religious freedom, This is a lifetime appointment. It part of the Senate’s advice and consent and the core attribute of Federal rec- should at least have had a normal hear- responsibility. ognition of Tribal existence.’’ ing. We should have at least respected If confirmed, Mr. Miller would be the I believe we need judges, particularly the views of the home State Senators first circuit court nominee in history on the Ninth Circuit, who respect the as we have so many times in the past. to be confirmed without having a blue history and contribution of Tribal na- There are no winners in a race to the slip returned from either of his home tions, not one who seeks to undermine bottom when it comes to process in the State Senators. The lack of respect their sovereign status. Senate—a democratic process, a proc- shown for this Senate tradition by the Mr. Miller’s record on women’s repro- ess of advice and consent, a process of Republican leadership of the Judiciary ductive rights is no less troubling. Dur- checks and balances set up by our Committee is as saddening as it is ing his time at the Justice Depart- Founders so no one branch of govern- alarming. ment, he used ideological language in ment would have all the power. Another Senate tradition again flout- cases in which he advocated for restric- What do we see happening now? We ed by the majority was holding Mr. tions on a woman’s personal healthcare see judges being put forward without Miller’s confirmation hearing during a decisions. I am concerned about what blue slips. What that simply means is, Senate recess. The recess hearing— this says about how Mr. Miller will ap- the home State Senators are OK with lasting only 30 minutes, with only two proach these types of cases. that nominee. We have had blue slips Republican Members in attendance— Finally, it pains me to say that this over the years in many administra- was objected to by Democratic Mem- is a historic moment for this body—for tions for judges who perhaps were not bers who sought to question Mr. Miller the Senate—because of how we came to the first choice of the home State Sen- on a number of legal issues, including be here today. It is not historic in a ators, but they were someone they felt Indian law. Instead, the questioning good sense of the word. It is historic in could be a judge out of their State who lasted less than 5 minutes. a bad sense of the word. We are voting would have the right experience as well Bringing Mr. Miller’s nomination to on this nomination today because of an as be fair and impartial in the adminis- the floor without an adequate hearing unprecedented disregard for the Sen- trative law. is an abuse of the confirmation process ate’s traditions when it comes to judi- What else do we have going on? We by the Republican leadership of the Ju- cial nominations. According to the have a President who, after an agree- diciary Committee. Congressional Research Service, no ment was reached in the Senate, which Putting aside these abuses of the judge has ever been confirmed without is run by his own political party, on process, as significant as they are, Mr. having both blue slips returned by both how to do border security—and it was a Miller’s repeated willingness to side home State Senators until now. We widespread vote in both the Senate and against Native American Tribes in have had instances where one blue slip the House—he then decided to declare court and the likelihood that such will- was returned, and the judge went on to an emergency to do something which I ingness will follow him to the bench be confirmed, but what we have here is consider unconstitutional and has no where he would have an outsized influ- not one blue slip from either of the respect for the balance of powers. He ence on the development of Indian law home State Senators from the State of decided he would declare an emer- for decades, concerns me deeply. Washington was returned. gency, when, in fact, those kinds of As vice chair of the Senate Com- Senator CANTWELL, who also, by the emergencies are things like Hurricane mittee on Indian Affairs, I pay special way, has been a major leader when it Sandy and the weather we saw, and the attention to a nominee’s record on comes to Tribal matters, did not return damage down in Florida, or the Tribal issues, especially if a nominee a blue slip for Mr. Miller. Senator MUR- wildfires we saw in Colorado and in will preside in a jurisdiction that has RAY, a major leader when it comes to California. Those are emergencies. In 427 Tribal nations, as is the case with women’s rights, did not return a blue addition to that, it raises eminent do- Mr. Miller. I am concerned that Mr. slip for Mr. Miller. main issues at the border. Miller’s record has not shown and does In the rush to confirm judges like It also makes us question where the not have the proper respect for Tribal Mr. Miller, the Judiciary Committee money is coming from. That is why sovereignty. has chipped away at the traditions and you see these lawsuits. The money is As an attorney in private practice, rules that allow us to properly advise coming from the military budget, mili- Mr. Miller consistently advocated and consent on nominations, which is tary construction for our troops, and against Tribal interests and Tribal sov- our responsibility specifically enumer- the like. ereignty. In fact, Mr. Miller has do- ated in the Constitution. While this may seem like a very dif- nated over 675 hours of pro bono work This goes beyond disregarding the ferent issue, it is not a different issue. against Tribal sovereignty, against Na- voices of home State Senators on judi- It is the same issue. The Senate should tive American religious practices, Fed- cial nominations. This nominee’s hear- be sticking up for the individual States eral recognition, and numerous other ing was held during a monthlong recess we represent and the power of those respected Tribal doctrines. with no Democratic members of the States and the power of that balance For example, in the case of Upper Judiciary Committee. Since this was that is so important to running this Skagit v. Lundgren, Mr. Miller argued an established work period at home, government and to the very Constitu- that Tribal governments are not enti- only two Republican Members were in tion that guides us. tled to sovereign immunity because it attendance. Mr. Miller’s questioning I yield the floor. interferes with the ‘‘State’s sovereign lasted for less than 5 minutes for a life- The PRESIDING OFFICER. The Sen- interest in adjudicating disputes over time appointment. Why would you ator from New Mexico. title to land within their territory and have this hearing at a time when we Mr. UDALL. Madam President, I rise frustrate[s] the ordinary adjudication were scheduled to be working in our to oppose the nomination of Eric Mil- of competing [ownership] claims.’’ His home States? That is what happened ler to be circuit judge for the U.S. arguments in this case demonstrate he because it was rammed through the Court of Appeals for the Ninth Circuit. does not understand the inherent sov- Senate without the support of either of Senate traditions command respect, ereignty of Tribal nations. the home State Senators. and if we are going to change them, we Mr. Miller has shown a lack of re- At a time when the American people should do so in a bipartisan way. spect for Native American religious see this body shirking its responsibil- Changing rules midstream and chang- practitioners when he argued for a nar- ities to act as a check and balance on ing traditions well into the Congress row application of the Religious Free- the executive branch, and when they causes bitterness, acrimony, and it dom Restoration Act when these prac- see us divided on the basic question of hurts our ability to work with each titioners argued that the construction whether Congress has the power of the other. Such Senate traditions as the of a solar farm would substantially purse, I am concerned about what mes- blue slip, where the nominee’s home burden their ability to conduct their sage we are sending to the country and State Senators are given an oppor- religious practices.

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.027 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1465 Mr. Miller has argued for an ex- With cancer’s being the disease that campaign. Normally, we think about tremely narrow reading of the Indian it is, it was a struggle for him, as it is ‘‘stealth’’ as associated with bombers Reorganization Act when considering for anybody who gets it. He was some- or submarines, weapons platforms de- the Federal recognition status of body who fought that disease bravely signed to go, in effect, under the radar, Tribes. He asserts that only Tribes that and proudly, but in the end, it took to avoid detection, to escape public no- possessed federally managed lands him. It took him last Wednesday, early tice or the notice of our adversaries. when the act was passed in 1934 should in the morning. We were driving to This stealth campaign is really hid- be federally recognized. This narrow Great Falls, and my wife sent a little ing in plain sight. It is a campaign to view does not acknowledge the well-es- message to Jill that read our hearts remake our Federal judiciary in the tablished principles of Indian law and were with them because we knew that image of the far-right extreme of the can lead to the termination of Tribal Jason wasn’t good. She sent back a Republican Party, the far-right ex- nations that do not meet his narrow text with hearts, and that was it. He treme ideologically and politically, a and arbitrary standard. had already passed. campaign, in effect, to outsource selec- Mr. Miller’s record on Tribal issues is In the end, though, as I think back tions of judges to groups that reflect one-sided and extreme. His history of on Jason’s life, there are some lyrics to those extreme points of view—the Her- advocating against Tribal interests a song that say ‘‘Only the good die itage Society and other such groups. does not give me confidence that he young.’’ It could not be any more true Shortly, we will consider the nomina- would be a fair and impartial jurist on than with Jason Baker. If the world tion of the latest individual nominated the Ninth Circuit Court of Appeals were full of Jason Bakers, this would by the President, outsourced to those when Tribes come before him. be a better world, but life happens, and groups: Eric Miller, of Washington, to I will vote no on Eric Miller’s con- you have to get through it. the Ninth Circuit Court of Appeals. I am sure that Jill and Peyton and firmation. I urge my colleagues to do The effort here is to drastically re- Porter will think back and remember so as well. shape our judiciary but, in the process, their dad proudly as he served proudly I yield the floor. also dismantle the norms and practices as a firefighter, as a public servant—as The PRESIDING OFFICER. The Sen- critical to the health of our democracy. ator from Montana. somebody who ran to danger while other people were running away from The judiciary is essential to the health Mr. TESTER. Madam President, be- of our democracy. fore I start with my comments, I want it. As they proceed with the ceremony In the future, when we look back on to associate my thoughts and views on today in Montana—and it is happening this era—a dark and dangerous time Mr. Miller with Ranking Member as I speak—just know, Jill, Peyton, for our democracy—the heroes will be UDALL’s points on Native American Porter, and all of the firefighters who our free press and our independent ju- sovereignty and Mr. Miller’s current are there, that we are very proud of diciary because they have been se- job and what he has done in that. your dad and his service and what he lected in the past by both Republican REMEMBERING JASON BAKER fought for. and Democratic Presidents based on Madam President, I come here today Two years ago, there was a bill in the qualities of integrity, intelligence, and in a sad time. As I speak, about right Montana Legislature on presumptive independence. now in Montana, a funeral is beginning illness for firefighters. I do not believe That norm, common to both Repub- for Jason Baker. Jason would have contracted cancer if lican and Democratic administrations Jason was originally from Fort Ben- not for his job, if not for the kinds of in the past, has been broken by this ton, MT, which is a town right down fumes he breathed when he protected one. One of the norms that has been the road from where I live in Big neighborhoods and families. I think it broken in the U.S. Senate relates to Sandy. Jason was a firefighter. Jason is only right that when people sacrifice the use of blue slips. Most of the public passed away on February 20, early in for their communities, we sacrifice for has no idea what blue slips are. They the morning. He was far, far too them. Two years ago, the legislature are the traditional mechanism used young—the age of 45. He had been a did not pass that presumptive illness over decades to afford home State Sen- firefighter for 16 years with Great Falls bill. I think it made a mistake. ators the opportunity to express their Fire Rescue. He was incredibly tal- When I gave my speech to the House approval or disapproval for fitness, a ented and incredibly professional, and of Representatives in the Montana Leg- basic quality of a President’s judicial he was somebody who loved being a islature, one of the points I made in nominee to a court that has jurisdic- firefighter. His life of public service, that speech was that they needed to tion over their State. whether it was helping out kids or pass the presumptive healthcare bill What is the reason? Well, Senators helping out adults or helping out com- for firefighters. Jason was alive when I just happen to spend a lot of time talk- munities, was a part of who he was as gave that speech, and now he has ing with folks at home. We talk to a person. passed. I think, in memory of Jason farmers, businesspeople, lawyers. A lot Jason was also married to my wife’s Baker, at the very least, the Montana of those lawyers know fellow lawyers. cousin Jill. They have two children, Legislature could pass that bill. I un- Of course, we receive the ABA qualified Peyton and Porter, whose hearts have derstand it has passed one of the or unqualified ratings, but they are to be aching. This day is a day, I am houses but that it hasn’t passed both of single words based on fact gathering sure, that they had to have planned for them. If it passes both houses, I know that may or may not be as reliable as the last 3 or so years after his diag- Governor Bullock will sign that bill. our colleagues—the lawyers who ap- nosis of stage IV lung cancer. I guess it So, with that, we bid adieu to a great pear in front of judges, who go to court was 2 years ago. American, a great community man— every day, who have settlement con- I have a number of memories of somebody who literally gave it all for ferences, who rely on the word of their Jason from my days in the State legis- his country and his State and his town. colleagues, which is either good or bad, lature, when he showed up as a rel- We will miss you, Jason Baker. I yield the floor. who know their integrity and intel- atively young firefighter, to my days I suggest the absence of a quorum. ligence, who know whether they have as a U.S. Senator, when he showed up The PRESIDING OFFICER. The the temperament to sit in judgment of to my offices here in Washington, DC, clerk will call the roll. cases that will have enduring and ir- to advocate for firefighters’ issues. The bill clerk proceeded to call the reparable ramifications for the liti- More important than all of that, Jason roll. gants who appear in front of them. was a friend. He happened to also be a Mr. BLUMENTHAL. Madam Presi- Respecting the blue-slip tradition en- relative. He was somebody who, when dent, I ask unanimous consent that the sures that when there is a Federal judi- his wife’s grandfather passed away and order for the quorum call be rescinded. cial vacancy—for Connecticut, for ex- they had the funeral up in Havre, was The PRESIDING OFFICER. Without ample—that the President nominate a at the height of who he was as a human objection, it is so ordered. qualified candidate from Connecticut being. He wasn’t sick and hadn’t been NOMINATION OF ERIC D. MILLER with the advice and consent of Con- diagnosed with anything. He was just Mr. BLUMENTHAL. Madam Presi- necticut Senators. The same is true for vibrant and full of life. dent, we are in the midst of a stealth the Presiding Officer’s home State of

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.028 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1466 CONGRESSIONAL RECORD — SENATE February 26, 2019 Tennessee or any of the other States that case as ‘‘a disgrace.’’ He painted taken extraordinary steps to rush this involved here. I am sure my colleagues the ruling of the Ninth Circuit as bi- nomination. Republicans held Mr. Mil- from Texas or North Carolina or wher- ased by describing one of the judges as ler’s confirmation hearing during an ever would want a Democratic Presi- an ‘‘Obama judge.’’ President Trump October recess, without the consent of dent to consult them when making ap- ultimately stated that the Ninth Cir- minority members of the committee, pointments to the courts that have ju- cuit is ‘‘not fair’’ because every case questioning him for just 5 minutes and risdiction over the people, the liti- the administration files in the Ninth then gaveling out. As you heard, only gants, the folks who have to go to Circuit results in a loss. two Senators were at that hearing. court with their grievances in their He has made no secret of his frustra- That is not regular order in the Senate. States. Blue slips may be a courtesy, tion about judges generally, whether Unfortunately, the Republican lead- but they are important to the func- they were chosen by Republican or ership continues to attack regular tioning of our society. Democratic Presidents in the past. He order in the Senate by attacking Sen- Until the Trump administration, has made no secret of his contempt for ate precedent. This nominee, if con- only five judges had ever been con- judges who uphold the rule of law and, firmed, will be the first circuit court firmed with only one blue slip in the as Chief Justice Roberts said, ‘‘do judge advanced without the support of last 100 years. That means one Senator equal right to those appearing before either of their home State Senators. from that State objected. Only five them.’’ That is the blue-slip process. went through with that one objection Chief Justice Roberts also stated The blue-slip process is an essential and with the other Senator saying OK. that an ‘‘independent judiciary is tradition of respecting the wishes of To our knowledge, no judge has ever something we should all be thankful each nominee’s home State Senators, been confirmed without having both for.’’ and it is the start of the advice and blue slips from their home State Sen- The nomination of Eric Miller be- consent process. ators. Eric Miller would be a first. trays that essential principle of the This is about our system of checks Sometimes it is good to be a first but American judiciary. It diminishes and and balances, respecting one another, not so here. We are witnessing another reduces the independence of our judici- and the prerogatives of the Senate that norm being shattered in realtime. We ary at a level that we can ill afford and ensure every Senator has a voice in the need to know from the majority: Is this at a time when independence is most selection of judges in their home State. the road we really want to go down in important. I think this nomination is This institutional check has never been this Chamber? particularly objectionable in light of more important than it is today be- I take my constitutional responsibil- that lack of independence. cause we have a President who under- Mr. Miller’s nomination is opposed ities very seriously, especially when it mines the legitimacy and impartiality by the National Congress of American comes to the confirmation of judges, as of the courts. Indians, the Native American Rights By bringing up this confirmation for someone who has spent most of my Fund, Winnebago Tribe of Nebraska, a vote before the Senate, Republican professional career in the courtroom, and NARAL Pro-Choice America be- leaders are circumventing Senators, ig- either as a lawyer in private practice cause of positions he has taken. Those noring the people we were elected to or a U.S. attorney for Connecticut or positions are also objectionable to me, represent, and damaging our critical as attorney general in my State for 20 but what is most important is his lack role in appropriately deliberating on years. lifetime judicial nominees and rep- This issue is important because not of independence, the lack of proper resenting the will of our constituents only is it a matter of courtesy, but it is process in his confirmation, and his who elected us. This is a dereliction of a matter of completeness. lack of qualifications for this job. I hope my colleagues will join me in the Senate’s duty, and it is an assault This nomination is a stealth nomina- voting against him today. on our institutions. tion in a very important sense, also, as Thank you. If confirmed, Mr. Miller will have a far as the process for his confirmation I yield the floor. lifetime appointment to one of the is concerned. Only one Senator—one The PRESIDING OFFICER. The Sen- highest courts in America. He will Senator—has actually asked him ques- ator from Nevada. make decisions on our Nation’s most tions on the record in public. That is Ms. CORTEZ MASTO. Mr. President, important issues and will have the because his confirmation hearing was I rise today to speak in opposition to power to change Americans’ lives. Yet scheduled at a time when only one the nomination of Eric Miller to the this Republican leadership believes a 5- Member of the U.S. Senate was there Ninth Circuit Court of Appeals. minute hearing is enough for a circuit to ask him questions. As an attorney and former attorney court nominee who doesn’t have the It was held during a month-long re- general, like my good colleague from support of his own home State Sen- cess in October. Only two members of Connecticut, I have a deep respect and ators. the committee—Senators Hatch and appreciation for our Federal judiciary. When the confirmation process is CRAPO—could attend the hearing. Only I believe that carefully guarding the rushed like this, critical information Senator CRAPO questioned Mr. Miller professional reputation of our Federal about the history and character of the for a 5-minute round of questions. bench is critical to maintaining re- nominees will be missed. These lapses All 10 Democratic members of the Ju- spect for the rule of law in our country. undermine the integrity of our con- diciary, including me, wrote to Senator The American people must be able to firmation process and ultimately un- GRASSLEY to have the hearing resched- trust that our Federal judges will be dermine the public’s faith in our Fed- uled. We asked, and he refused. We fair and neutral arbiters of any dispute eral judiciary. wrote Senator GRASSLEY again to have before them. So in considering whether I share many of the same concerns of a second hearing so that the full com- a nominee is deserving of the awesome Senators CANTWELL and MURRAY about mittee could provide advice and con- responsibility of a lifetime appoint- Mr. Miller’s views on Tribal sov- sent after questioning Mr. Miller’s ment to the Federal bench, we must ereignty and other critical issues. Mr. nomination. We had no success. carefully evaluate their professional Miller’s past work in undermining If Mr. Miller is confirmed, he will and personal qualifications to ensure Tribal sovereignty and Tribal rights have been questioned by that one Sen- that they are of the highest intellec- raises questions about how he would ator, Mr. CRAPO—out of 100—for a tual, professional, and moral caliber. treat Tribes who come before him as a grand total of 5 minutes. That is not I have carefully reviewed Mr. Miller’s circuit court judge. His confirmation the way this system should work. record, and I believe that he is the could have serious ramifications for I do take my constitutional respon- wrong candidate to fill this judicial Native communities in Washington, sibilities seriously. This process makes seat. I believe my Republican col- Nevada, and across the country. a sham of the obligations we all have a leagues know it. That is why they have Each one of us is elected to represent sworn duty to fulfill. made every effort to jam this con- our State and its people. Today’s move In conclusion, let me say that in No- firmation through. by the majority is nothing less than an vember of 2018, the Ninth Circuit ruled The majority-led Judiciary Com- assault on our oath to the Constitution against the President. He described mittee and Republican leadership have and our duty to serve our constituents.

VerDate Sep 11 2014 01:13 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.030 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1467 I urge my colleagues to vote no on Abandoning the blue-slip process and Hearing none, the question is, Will this nomination and stand together in instead bending to the will of a Presi- the Senate advise and consent to the a bipartisan way to confirm nominees dent, by the way, who has dem- Miller nomination? who reflect our States, our country, onstrated time and again his ignorance Mr. MCCONNELL. I ask for the yeas and respect the Senators. and disdain for the Constitution and and nays. Thank you. rule of law is a mistake. At a time The PRESIDING OFFICER. Is there a I yield the floor. when we have a President whose poli- sufficient second? I suggest the absence of a quorum. cies keep testing the limits of the There appears to be a sufficient sec- The PRESIDING OFFICER. The law—from a ban on Muslims entering ond. clerk will call the roll. the United States, to a family separa- The clerk will call the roll. The senior assistant legislative clerk tion policy at our southern border, to The senior assistant legislative clerk proceeded to call the roll. declaring a national emergency with- called the roll. Mrs. MURRAY. Mr. President, I ask out a real emergency—it is now more Mr. DURBIN. I announce that the unanimous consent that the order for important than ever that we have well- Senator from Arizona (Ms. SINEMA) is the quorum call be rescinded. qualified, consensus judges on the necessarily absent. The PRESIDING OFFICER. Without bench. The PRESIDING OFFICER (Ms. objection, it is so ordered. This new precedent of my Republican MCSALLY). Are there any other Sen- Mrs. MURRAY. Mr. President, I am colleagues turning a blind eye to the ators in the Chamber desiring to vote? here joining my colleagues on the floor blue slip and shunning longstanding bi- The result was announced—yeas 53, to sound the alarm because right now, partisan processes should stop every nays 46, as follows: this Senate is being steered down a one of my colleagues, Republican or [Rollcall Vote No. 29 Ex.] very dangerous path. I spoke last night Democratic, in their tracks because YEAS—53 today the two home State Senators left about this and laid out my case, and I Alexander Fischer Perdue am here again to make it one more holding their blue slips are me and my Barrasso Gardner Portman time. colleague Senator CANTWELL, but in Blackburn Graham Risch Republican leaders are now barreling the future, it could be any Member of Blunt Grassley Roberts Boozman Hawley Romney toward a confirmation vote on a Ninth this body. Today it is Washington Braun Hoeven State families who are getting cut out Rounds Circuit nominee—a flashpoint that, if Burr Hyde-Smith Rubio it succeeds, will mark a massive depar- from an important process. It is their Capito Inhofe Sasse Cassidy Isakson ture from the longstanding bipartisan concerns about Eric Miller’s long his- Scott (FL) Collins Johnson Scott (SC) process that has been in place for gen- tory of fighting against Tribal rights Cornyn Kennedy Shelby erations. It is a bipartisan process that that will be cast aside. But tomorrow Cotton Lankford it could be the concerns of any of your Cramer Lee Sullivan has helped this Senate put consensus Thune constituents and any of your home Crapo McConnell nominees on the bench for as long as Cruz McSally Tillis we have all been here. This is wrong, States that get tossed aside for a Presi- Daines Moran Toomey and it is the American people who we dent’s crusade to reshape our courts Enzi Murkowski Wicker represent who will be hurt. and satisfy their political base, and it Ernst Paul Young Let’s recap the facts. Neither I nor could be your constituents and your NAYS—46 my colleague Senator CANTWELL re- home States hurt by Senate leaders un- Baldwin Hassan Rosen turned a blue slip on the nomination of willing to stand up for norms and Bennet Heinrich Sanders Eric Miller to serve on the Ninth Cir- precedents and our constitutional Blumenthal Hirono Schatz Booker Jones Schumer cuit court. I have deep concerns about duty. Brown Kaine Again, I am here today to urge my Shaheen Mr. Miller’s work fighting against Cantwell King Smith Tribes. Despite our objections, Repub- colleagues to truly think about what Cardin Klobuchar Stabenow moving ahead with this nomination Carper Leahy Tester licans went ahead with Mr. Miller’s Casey Manchin means and to ask themselves, are we Udall confirmation hearing during a Senate Coons Markey Van Hollen still able to work together in a bipar- Cortez Masto Menendez recess when just two Senators—both Warner tisan way and find common ground for Duckworth Merkley Republicans—were able to attend, and Warren the good of the country and the people Durbin Murphy the hearing included less than 5 min- Feinstein Murray Whitehouse utes of questioning. It was a sham we serve? Can we still even engage in a Gillibrand Peters Wyden hearing. It was simply done to check bipartisan process to find consensus Harris Reed candidates to serve on our courts, or the box. NOT VOTING—1 will our work in the Senate be reduced For this Senate to go ahead and con- Sinema firm this Ninth Circuit court nominee to partisan extremes and political The nomination was confirmed. without the consent of or true input gamesmanship? Will Republicans ac- from both home State Senators and cept simply being a rubberstamp for f after a sham hearing—that would be a their leader in the White House? Will CLOTURE MOTION dangerous first for this Senate. my colleagues be complicit in allowing our courts to be taken over by ideology The PRESIDING OFFICER. Pursuant This is not a partisan issue; this is a to rule XXII, the Chair lays before the question of this Senate’s ability and alone, abandoning pragmatism and a commitment to justice for all? That is Senate the pending cloture motion, commitment to properly review nomi- which the clerk will state. nees. a choice every Senator faces now and, I sincerely hope, a choice for which The senior assistant bill clerk read as The only logical conclusion I can follows: draw as to why we are here at these every Senator will be held accountable. CLOTURE MOTION crossroads is that Republican leaders I yield the floor. I suggest the absence of a quorum. are hoping that most Americans won’t We, the undersigned Senators, in accord- The PRESIDING OFFICER. The ance with the provisions of rule XXII of the notice, that they are doing everything clerk will call the roll. Standing Rules of the Senate, do hereby in their power to pander to President The senior assistant legislative clerk move to bring to a close debate on the nomi- Trump and in doing that are trampling proceeded to call the roll. nation of Michael J. Desmond, of California, all over Senate norms in order to move Mr. MCCONNELL. I ask unanimous to be Chief Counsel for the Internal Revenue our courts to the far right. consent that the order for the quorum Service and an Assistant General Counsel in We are standing here today because the Department of the Treasury. call be rescinded. James E. Risch, Johnny Isakson, Todd this is too important and because the The PRESIDING OFFICER. Without short- and long-term consequences of Young, Mike Crapo, Pat Roberts, John objection, it is so ordered. Thune, Rob Portman, Roy Blunt, Thom letting any President steamroll the Mr. MCCONNELL. I know of no fur- Tillis, John Boozman, Roger F. Wicker, Senate on something as critical as our ther debate on the Miller nomination. James Lankford, Tim Scott, Steve judicial nominees are far too impor- The PRESIDING OFFICER. Is there Daines, Michael B. Enzi, John Hoeven, tant. further debate? Mitch McConnell.

VerDate Sep 11 2014 02:25 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.032 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1468 CONGRESSIONAL RECORD — SENATE February 26, 2019 The PRESIDING OFFICER. By unan- Many years ago, I was a young naval mistaken, but I believe those 13 Fed- imous consent, the mandatory quorum flight officer stationed at a mock field eral Agencies were acting under law call has been waived. naval air station in the Bay area out in signed by a Republican President. I be- The question is, Is it the sense of the California, preparing for the first of lieve it was George Herbert Walker Senate that debate on the nomination what would be three tours of duty in Bush. of Michael J. Desmond, of California, Southeast Asia during the Vietnam This report is the Fourth National to be Chief Counsel for the Internal war. I joined there with tens of thou- Climate Assessment. It was developed Revenue Service and an Assistant Gen- sands of people one day to celebrate over a 3-year period by more than 300 eral Counsel in the Department of the our country’s first-ever Earth Day. I Federal experts and non-Federal ex- Treasury, shall be brought to a close? will never forget it. perts who volunteered their time—who The yeas and nays are mandatory This was back when polluters volunteered their time. under the rule. dumped waste into our waterways with Here is a brief summary of their re- The clerk will call the roll. impunity. Garbage littered our shores, port: The science behind climate The senior assistant bill clerk called and too many rivers oozed instead of change is settled. Let me say that the roll. flowed. One of them was in Cleveland, again. The science behind climate Mr. DURBIN. I announce that the OH. The Cuyahoga River, north of change is settled. Senator from Arizona (Ms. SINEMA) is where I went to school at Ohio State, From our warming oceans to our at- necessarily absent. actually caught on fire. Factories mosphere, climate change is hap- The PRESIDING OFFICER. Are there spewed toxic fumes, and acid rain fell pening, and human activity, such as any other Senators in the Chamber de- from the sky. The urgency was clear burning fossil fuels, is greatly contrib- siring to vote? then, and it is even clearer today. uting to this crisis. The yeas and nays resulted—yeas 84, That very first Earth Day was a Our Nation’s scientists have found a nays 15, as follows: transformative experience for me, and direct link between climate change and [Rollcall Vote No. 30 Ex.] it will serve as an inspiration for me the extreme weather we experienced in YEAS—84 for the rest of my life. 2017, which altogether cost the Amer- As I look at what is happening across Alexander Ernst Paul ican economy more than $300 billion— Baldwin Feinstein Perdue our country today, I see the movement that is $300 billion in economic dam- Barrasso Fischer Peters for bold and transformative action to ages, more than any year before. Bennet Gardner Portman save our planet. I see the faces of those Blackburn Graham Risch Scientists are no longer asking if cli- Blumenthal Grassley Roberts who were there with me that day in mate change is happening but rather Blunt Hassan Romney Golden Gate State Park. how bad is it going to be. How bad is it Boozman Hawley Rosen I have had a lot of different jobs since going to be? Numbers and the facts Braun Heinrich Rounds then, but it is not lost on me that I Brown Hoeven Rubio don’t lie. It will only get worse if we do stand here today on the brink of yet Burr Hyde-Smith Sasse nothing. Cantwell Inhofe Scott (FL) another watershed moment as the top If we don’t act on climate change by Capito Isakson Scott (SC) Democrat on the Senate Committee on Cardin Johnson Shaheen 2050, wildfire seasons could burn up to Environment and Public Works—the Carper Jones Shelby six times—six times—more forest area committee that oversees our Nation’s Casey Kaine Smith every year. If we don’t act on climate Cassidy Kennedy Stabenow environmental laws—to talk about cli- change, we will see more extreme Collins King Sullivan mate change. Coons Lankford Tester In the days and weeks ahead, Senator flooding that devastates small commu- Cornyn Leahy Thune nities like Ellicott City, MD, not far Cortez Masto Lee Tillis MCCONNELL intends to engage in a ploy Cotton Manchin Toomey to try and undermine the Green New from here, which has been hit by not Cramer McConnell Udall one 1,000-year flood in the past year Crapo McSally Van Hollen Deal by calling a vote for a resolution he does not even support. I believe he but two. These are floods that are sup- Cruz Moran Warner posed to occur maybe once every 1,000 Daines Murkowski Wicker hopes that, in turn, there may be some Durbin Murphy Wyden disruption and damage inflicted on the years. They had two of them in the last Enzi Murray Young Democratic Party and the climate 2 years. NAYS—15 change movement. If we don’t act on climate change, Booker Klobuchar Sanders To the American people, hear this; it rising temperatures, combined with in- Duckworth Markey Schatz is a simple message: We cannot—we creasingly frequent and severe rain, Gillibrand Menendez Schumer will not—allow cynicism to win, not mean farmers are likely to experience Harris Merkley Warren a reduction in corn and soybean yields Hirono Reed Whitehouse now and not with so much at stake. When it comes to climate action, by up to 25 percent. If we don’t act on NOT VOTING—1 there could not be a starker difference climate change, we will see more dead- Sinema in this Chamber between the Demo- ly category 5 hurricanes and storm The PRESIDING OFFICER. On this cratic Party and the Republican Party surges like the ones we saw with Hurri- vote, the yeas are 84, the nays are 15. in this debate. canes Irma and Maria just 2 years ago. The motion is agreed to. We, as Democrats, may not agree on If we do not act on climate change, f exactly how we should address climate we will see economic pain across every major sector of our economy in this EXECUTIVE CALENDAR change, but we all agree it is hap- pening. We agree that human activity country. The 2018 National Climate As- The PRESIDING OFFICER. The is the main cause, and we agree that sessment concludes that at the end of clerk will report the nomination. we must act now. this century, climate change could The senior assistant bill clerk read Democrats know that climate science slash our gross domestic product by 10 the nomination of Michael J. Desmond, isn’t part of some grand hoax. It is not percent. of California, to be Chief Counsel for an alarmist prediction. It doesn’t come How much is that compared to what? the Internal Revenue Service and an from some left-leaning organization. It Well, compared to the losses we sus- Assistant General Counsel in the De- doesn’t come from talk radio. It comes tained in the great recession just a dec- partment of the Treasury. directly from our Nation’s leading sci- ade ago, 10 percent is more than double The PRESIDING OFFICER. The Sen- entists and leading scientists from all those losses—more than double. ator from Delaware. around the world. It doesn’t matter if you are from a CLIMATE CHANGE Just 3 months ago, 13 Federal Agen- coastal State or from a landlocked Mr. CARPER. Madam President, I cies released a comprehensive climate State. I have lived in both. It doesn’t rise this evening to speak on a subject report that described the dire economic matter if you care about public health that, with the groundswell of activism, and health consequences we face if we or the environment or if you care has once again captured national at- fail to take meaningful action to ad- about our economy or national secu- tention—and rightfully so. dress climate change now. I may be rity. The fact is, every person living in

VerDate Sep 11 2014 03:55 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.036 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1469 this country will eventually see or ex- country went to work today in the not yet approach the scale necessary to perience the effects of climate change clean energy sector—3 million and avoid substantial damages to the econ- if they haven’t already done so today. growing. omy, environment, and human health. We have two options. We confront Democrats know we must build on These are Earth-shattering reports this challenge head on—reduce carbon this progress, and that is why we con- about the state of our Earth. These are emissions, enhance resiliency, and sup- tinue to support policies that reduce the doomsday reports about what hap- port millions of new clean energy our Nation’s carbon footprint, help cre- pens if we do not take bold action. jobs—or we could choose to ignore the ate a fair economy, and support those problem and pass the buck. To whom? most vulnerable to climate effects, but The dire consequences of climate To our children, to their children, and in the U.S. Senate, as in most places, it change, in fact, are arriving. A tenfold to their children. takes two to tango, and for over two increase in ice-free summers in the Senator MCCONNELL, President decades Democrats have put forth dif- Arctic, 99 percent loss of coral reefs, Trump, and Andrew Wheeler at EPA ferent policies that use market forces, and a doubling of species lost around want to pass the buck. They prefer to make big investments in technology, the world. In the Northeast, in worst- walk away from the growing threat we or set strict standards. We have done case scenarios, by the end of the cen- face. Instead of pursuing any ideas to them all, and we don’t seem to get very tury, both the Massachusetts Institute address climate change and protect far with our friends on the other side of of Technology and Logan Airport will Americans from its effect, sadly, the this aisle. I know because I have co- be under water, and over 20 percent of Trump administration has promoted sponsored many of these efforts. Boston’s population will face flood policies that increase our dependency Let me just say this. We are not risk. going to give up. We are going to keep on dirty energy. The climate emissions are not slow- President Trump has even said he on trying. We will not back down. We ing down. In 2018, emissions increased doesn’t believe in climate change. He are going to stand our ground. 2.8 percent. We have the ‘‘Denier in doubts the credibility of his own sci- Let me leave our colleagues with this Chief’’ in the White House, and this entists at NASA and at NOAA, as well message today. This should not be an as 97 percent of the global scientific issue. Climate action should not be an week Republicans in the Senate are community. Continuing to misinform issue that divides us as a body. It poised to confirm a coal lobbyist to the American people and delay real cli- shouldn’t divide us as a country or as a head the Environmental Protection mate action puts American lives and world. It should unify us. Agency. I thank Senator MCCONNELL in ad- our economy at risk. During his confirmation hearing, vance for allowing the Senate to devote It doesn’t have to be this way. As when I asked whether he agreed with Democrats, we choose to confront cli- a fulsome period of time to this impor- tant discussion. How we choose to act the conclusions of the National Cli- mate change. We choose to do so now. today will not decide our fates. How we mate Assessment report, Mr. Wheeler We know our communities are feeling choose to act today will decide the said he still needed additional briefings the pain now from the climate crisis fates of generations of Americans—not before he could make a public com- because we see the effects of climate just our fates but generations of Amer- ment on it. Let me repeat that. The change every day across this country. icans that will be on this Earth long nominee of Donald Trump to run the We may not yet agree on exactly how after the rest of us are gone. So let’s Agency charged with protecting the we must address climate change, but get to work. Time is wasting. Let’s get planet from climate change had not we all agree on three things. Here they to work. even sufficiently reviewed the climate are. One, we agree climate change is I yield the floor to the Senator from report from our own Federal Agencies real; two, human activity during the Massachusetts, who has done great before his confirmation hearing. He last 100 years is a dominant cause of work on this for as long as I have been the climate crisis we face today; and also said he considered the report to be alive—almost as long as I have been a representation of the worst-case sce- three, the United States, and especially alive, my friend and my colleague who the Congress, that is us, the House and nario and that what we face is ‘‘a cli- has been a giant on these issues for a mate issue.’’ the Senate, and the administration long time and continues to be. should take immediate action to ad- I yield the floor. Well, the worst-case scenario is one dress the challenge of climate change. Mr. MARKEY. Madam President, I in which the Republican Senate will That is why I will be introducing a thank our great leader on the Environ- confirm a former coal lobbyist to head resolution that says just that. Demo- ment Committee for his visionary work the Environmental Protection Agency. crats know we can have a healthy cli- on this issue. I am here for the same The worst-case scenario is the Trump mate and a strong economy. They are purpose today. I am here to talk about administration’s plans to roll back the not mutually exclusive. Anyone who climate change, about our climate cri- Clean Power Plan and the fuel econ- says otherwise is preaching a false sis, and about the mistake it would be omy emission standards, the single choice. to put Andrew Wheeler in charge of the largest steps we have ever taken to ad- Democrats know this because of the Environmental Protection Agency. dress climate change. We are in a work we started with President Obama Climate change is an existential worst-case scenario, and we need to in the White House, where we accom- threat to our country and to the plan- dramatically change course. plished real actions to put this Nation et. We know this because the world’s on a path of net zero emissions. Our leading scientists, the United Nation’s That should start by not confirming Republicans friends across the aisle Intergovernmental Panel on Climate Andrew Wheeler, a coal lobbyist, to run should know this because of the work Change, just made that warning late the Agency charged with protecting done by the former President, the late last year. It is an existential threat to our planet. Andrew Wheeler’s answers George Herbert Walker Bush, years the planet. on the climate crisis should be dis- earlier that I just alluded to a minute The U.N. report told us we have very qualifying. His record as a coal lob- ago. limited time until we are past the byist should be disqualifying. We During the Obama administration, point of no return, and the most cata- should come together and reject An- starting with the Recovery Act, the strophic impacts of climate change are drew Wheeler as the head of the EPA. Federal Government provided eco- irreversible. The impact of climate change on or- nomic incentives, environmental tar- Our own Federal scientists across 13 dinary families on their health, on our gets, and supported market develop- Agencies also just warned in the Na- Nation, on our security, and on our fu- ments to encourage investments in the tional Climate Assessment that the im- ture is too urgent. We must be bold. We clean energy of the future. pacts of climate change are not in the must be ambitious. Thanks to the investments during future, but they are happening in our the previous administration, con- communities right now. That is why I have introduced the sumers are paying less for energy, and Here is what all 13 U.S. Federal Green New Deal resolution. It lays out more than 3 million people in this Agencies said. They said our efforts do a serious, bold, aspirational set of goals

VerDate Sep 11 2014 03:55 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.039 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1470 CONGRESSIONAL RECORD — SENATE February 26, 2019 that meet the scale of the threat we have 350,000 people who are employed. that the only people who are watching are facing. It is a set of principles, not That didn’t happen 10 years ago; it is this conversation are fossil fuel indus- prescriptions. The Green New Deal will happening today. try lobbyists and CEOs and election- allow us to engage in massive job cre- The Green New Deal is not just a res- eers. ation to save all of creation. It calls for olution; it is a revolution. Republicans So we are going through, shortly, a a massive 10-year mobilization to and climate deniers are taking mathe- truly preposterous exercise on the floor transform our climate, our economy, matical liberties to say it would cost of the Senate, which is that a party our democracy. It is about jobs and jus- too much to act, but the cost of inac- that has brought up no significant leg- tice. tion on climate will be far higher. Over islation in the time that Leader An overwhelming number of Ameri- just the past 2 years, the cost of storms McConnell has had the floor is now cans support climate action, and a ma- and the cost of fires in our country cre- going to bring its first measure related jority of Americans support a Green ated over $400 billion in damages. By to climate for a floor vote, and it is New Deal. Never in our history have the end of this century, it will be tens something they intend to vote against. the interests of all Americans been so of trillions of dollars that we will lose. It is something they intend to vote united in a single issue: climate An ounce of prevention is worth a against. When you bring a measure to change. pound of cure. If we start today, we can the floor that it is your intention to From the air we breathe to the jobs avoid the worst, most catastrophic vote against, that is not legislating. that employ us, to the neighborhoods consequences. For those who say we Something else is going on. we live in, to the economy we operate can’t afford to act to address this cri- Now I think this was a very clever within, climate change defines our ex- sis, I say we can’t afford not to. stunt. We don’t know quite where it istence. This is the time for serious so- The question is, Will any Republican was cooked up, but we have observed lutions. Global temperatures are the stand up to fight for these goals? The that the Wall Street Journal editorial highest in recorded history. Wealth in- Republican Party is about to confirm a page is a relentless mouthpiece for the equality is at its highest point since coal lobbyist to run the Environmental fossil fuel industry, having published the era of the Great Depression. The Protection Agency. That is where we climate denial articles literally within erosion of our coastlines, the erosion of are in 2019, with the worst scientific re- the last year. The Wall Street Journal earning power of workers, the pollution ports coming from the U.N. and our editorial page called for this stunt of our planet, the pollution of our de- own scientists—a threat of an existen- vote, and it was less than 24 hours be- mocracy by Big Oil and Koch brothers tial risk for the planet—and we are fore the Republicans in the Senate financing, the relationship between about to confirm a coal lobbyist. jumped up, scampered out, and did ex- these ills and injustices is undeniable, Ladies and gentlemen, we have to be actly what they were told to do by the but the challenge is not insurmount- bold the way President Kennedy was in fossil fuel industry’s mouthpiece, the able. 1962 when he called for a mission to the Wall Street Journal editorial page. It will only be through a historic Moon to be accomplished within 10 I am sure there were champagne intergenerational commitment to end years. He said it would not be easy. He corks banging into the ceilings of the climate change that we create the kind said we would have to invent metal boardrooms for ExxonMobil, Ameri- of democracy that works for all Ameri- that did not exist and propulsion sys- cans for Prosperity, and the Koch In- cans. This Green New Deal mobiliza- tems that did not exist. He said we dustries as all of these fossil fuel ex- tion will make the United States the would have to bring that mission back ecutives and lobbyists cheered this global leader on clean energy and cli- safely through heat half the intensity stunt. But in the Senate, we actually mate action. of the Sun, and we would have to do so have a larger audience than just fossil This mobilization will be the greatest safely within 10 years so that we could fuel donors; the country is watching blue-collar jobs program in a genera- control outer space. We did that, ladies and the world is watching, and what tion. This mobilization will be an op- and gentlemen, and we can do it again. they are seeing right now is, frankly, portunity to repair the historic oppres- We have to accept this challenge. We an embarrassment. sion of frontline and vulnerable com- can do it. We can unleash an innova- It is not just this stunt that reflects munities that have borne the worst tion revolution in our country, and a broken Senate; it is a much larger burdens of pollution from our fossil again we will do it to save all creation problem of a Senate that cannot deal fuel economy—these communities that by engaging in massive job creation, a with the climate change issue in a bi- also will be the most affected and the blue-collar revolution hiring millions partisan fashion. least able to respond to the impacts of of workers to do this job. I would state that when I got here in I thank you, Madam President. This climate change. The Green New Deal 2007, the Senate could deal with cli- is a very important week before us. mate change in a bipartisan fashion. In represents an opportunity to lift up all I yield back to my colleague. 2008, the Senate could deal with cli- workers and all communities. The PRESIDING OFFICER. The Sen- mate change in a bipartisan fashion. In President Roosevelt was right when ator from Rhode Island. he said about the New Deal that Mr. WHITEHOUSE. Madam Presi- 2009, the Senate could deal with cli- ‘‘statesmanship and vision, my friends, dent, I am honored to follow the distin- mate change in a bipartisan fashion. require relief to all at the same time.’’ guished ranking member on our Envi- The reason I know that is because I We are talking about a historic, 10- ronment and Public Works Committee was here then, and I saw as many as year mobilization that will mitigate and one of the coauthors of the Wax- five bipartisan efforts to deal with cli- climate emissions and build climate re- man-Markey bill—the one significant mate change during that period, with siliency. We have acted on this scale piece of climate legislation that has different Republican and Democratic before, and we must do it again. passed a House of Congress—and to add Senators. Then along came the Citizens We have already laid the foundation my voice. United decision in January 2010, and for our climate future. In 2008, we had Mr. MARKEY. Would the Senator from that moment after, it was like only 1,200 megawatts of total solar ca- yield? watching a patient drop dead in the pacity in the United States. Today, we Mr. WHITEHOUSE. Gladly. emergency room. The heartbeat of ac- have 65,000 megawatts. In 2008, we had Mr. MARKEY. I just want to say that tivity on climate change just flatlined only 25,000 megawatts of total wind ca- there is no climate warrior like SHEL- on the Republican side of this Cham- pacity. Today, we have 98,000 DON WHITEHOUSE from Rhode Island. He ber. megawatts of wind capacity. In 2008, is up every day of his life on this issue, I think the fossil fuel industry—I there were only 2,500 all-electric vehi- and when he speaks, he speaks with au- know the fossil fuel industry asked for cles in our country. Today, we have 1 thority. I just want to say what an that decision from the Supreme Court million, with 500,000 new all-electric honor it is to be here today. and the five Republican Justices. I vehicles to be sold this year. Most of Mr. WHITEHOUSE. It goes the other think they anticipated what the deci- all, what we have seen over the past 10 way. sion was going to be, and they imme- years is a growing movement for cli- Sometimes it seems that our friends diately went to work to squelch and mate action. In wind and solar, we now on the other side of the aisle think crush any dissent from their orthodoxy

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.040 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1471 on that side of the aisle. The result has sen to head the EPA—a fossil fuel lob- byist who would be overseeing the been that there has been no significant byist—when there has not been a bill same special interests who have paid piece of climate legislation to reduce on this floor or any motion coming his salary. Andrew Wheeler is just the carbon dioxide emissions and to deal from Senator MCCONNELL to deal with latest in a long line of cronies from the with this problem since Citizens United climate change, to deal with one of the fossil fuel industry who President that any of our colleagues now will co- greatest if not the greatest moral issue Trump has put in charge at the EPA sponsor or support. It has just been si- of our times—nothing on this floor. and the Department of the Interior. lent, and it is a dramatic failure in this You heard what Senator MARKEY said. Climate change is not a future prob- greatest deliberative body. This administration has done nothing lem. It does damage to this country I will state, as others have stated, as to address this issue, and President right now. It is threatening thousands Ranking Member CARPER and Senator Trump selects a fossil fuel lobbyist to of Ohio workers who rely on Lake Erie MARKEY have said, that the science on be head of the EPA. It is the same for their livelihood, whether it is tour- this is now beyond dispute. The science thing over and over again. ism or other industries that rely on on this is irrefutable. If we fail to deal We have to take aggressive action to clean water. with this problem, the consequences protect our planet and protect our fu- Climate change makes algal blooms will be catastrophic and irreversible. ture now. That means accelerating our worse. Off the shores of Toledo, it con- ‘‘Irrefutable science.’’ ‘‘Catastrophic transition to carbon-free power. It taminates our lake, threatens our and irreversible consequences.’’ I am means investing in technologies that drinking water, and hurts small busi- actually quoting somebody when I say make our manufacturers the most en- ness. Nobody on that side of the aisle that. Do you know whom I am quoting? ergy efficient in the world. It means seems to give a darn. I have talked to farmers who have I am quoting from 2009 Donald Trump— creating jobs in clean energy all been farming in the Western Lake Erie Donald Trump, Donald Trump, Jr., around the country. Basin for decades. They tell me they Eric Trump, Ivanka Trump, and the I have always, as a House Member are experiencing heavier rain events living in Lorain, OH, and as a Member Trump Organization signed this full- more often and with greater intensity of the Senate—for years, I have always page advertisement in the New York compared to even 15 years ago. Hotter refused to accept the idea that you Times in 2009. ‘‘If we fail to act now,’’ summers and shorter winters will only have to choose between good environ- they said, ‘‘it is scientifically irref- make this problem worse. utable that there will be catastrophic mental policy and good-paying jobs. It is time for the President of the and irreversible consequences for hu- We have proved that is simply not true. United States to stop sabotaging the manity and our planet.’’ So as much as We have proved it in my State, where country he is supposed to lead. It is the fossil fuel-funded mockery in which we have lots of wind turbines, made past time to rejoin the Paris Agree- the Republican Party has engaged, usually with American-made steel. We ment, to restart the Clean Power Plan, challenges these facts, even the have proved it in Toledo, where we and to implement aggressive fuel econ- Trumps knew this a decade ago. have one of the biggest solar energy omy standards for cars and trucks. It is In trying to describe the Green New manufacturers in the country. We time to create new jobs in clean energy Deal, one might describe it as some- proved it in the auto industry, where and energy-efficient manufacturing. It thing that, if you invested in it, would the auto industry has generally had a is time for the United States to be the ‘‘drive state-of-the-art technologies pretty good decade making more fuel- leader the world looks to. It is time to that will spur economic growth, create efficient cars. We put Americans to take this threat seriously to preserve new energy jobs, and increase our en- work, and we can change course on cli- our country for our children, and their ergy security all while reducing the mate change before it is too late. children, and their children’s children harmful emissions that are putting our MITCH MCCONNELL and President before it is too late. planet at risk.’’ That is a pretty good Trump seem to think climate change— S. 311 capsule of the Green New Deal. that is notwithstanding what Senator Madam President, yesterday we saw Guess what Donald Trump and his WHITEHOUSE said—is a joke. I have yet another attempt by Republican family said in the same advertisement. news for them. Climate change is not politicians to put themselves in the Investing in a Clean Energy Economy will something to play political games middle of the sacred doctor-patient re- drive state-of-the-art technologies that will with; it is a crisis we need to confront lationship and to take away the free- spur economic growth, create new energy and set an example around the world. dom of women to make their own jobs, and increase our energy security all It is a crisis we need to confront and to healthcare decisions. Supporters of this while reducing the harmful emissions that set an example for our partners around are putting our planet at risk. bill, including President Trump, have the world. spread lies and they spread misin- All you have to do is listen to the It would be shameful enough to have formation. 2009 Donald Trump to understand that no ideas and no plan to confront our This bill is about intimidating doc- the science of climate change was then biggest threats. But not only do Presi- tors. It is about making it harder for irrefutable and it is even stronger now dent Trump and Leader McConnell women to get comprehensive care, and and that the consequences of our fail- have no plan, not only are they deny- they simply don’t care. It is despicable. ure to act and our obedience, our ad- ing the problem, and not only are they That is why doctors and medical ex- herence to fossil fuel-funded propa- standing in the way of solutions, but perts oppose this bill. Let me give you ganda and orthodoxy will lead to con- they are actually working to make cli- a few: the American College of Nurse- sequences that are catastrophic and ir- mate change worse. It is just des- Midwives, the American College of Ob- reversible—said a decade ago. We have picable. stetricians and Gynecologists, the had 10 more years of unrestricted emis- They are spreading lies and stacking American Medical Women’s Associa- sions since then. the administration with shills for the tion, the American Public Health Asso- Just the basic tenets of the Green fossil fuel industry. They stacked the ciation, the American Society for Re- New Deal are ‘‘a clean energy economy administration with Wall Street cro- productive Medicine, and the Associa- [that] will drive state-of-the-art tech- nies to do bank regulation. They tion of Physician Assistants in Obstet- nologies that will spur economic stacked the administration with fossil rics and Gynecology. The list goes on growth, create new energy jobs, and in- fuel cronies and shills to do energy and and on. crease our energy security.’’ climate and environmental regulation. Yet President Trump and most Re- With the words of Donald Trump, I We got news this week that the publican politicians—most Republican rest my case and yield the floor. White House is going to use your tax- Members of the Senate—think they The PRESIDING OFFICER. The Sen- payer dollars to set up a panel to pro- know better than you and your doctor. ator from Ohio. mote junk science and spread the de- It is nothing new. We have seen it over Mr. BROWN. Madam President, think bunked conspiracy theory that climate and over. Washington politicians— about what we just heard, first from change is a hoax. most of them men—are obsessed with Senator MARKEY talking about a fossil This week we will vote on the Presi- trying to insert themselves into wom- fuel lobbyist in the year 2019 being cho- dent’s nominee to head the EPA, a lob- en’s private healthcare decisions. They

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1472 CONGRESSIONAL RECORD — SENATE February 26, 2019 just can’t help themselves. But those laid upon the table and the President (c) will tend to charge an individual with a decisions should be and are between a be immediately notified of the Senate’s crime or misconduct, to disgrace or injure woman and her doctor—period. That is action; finally, that there be 2 minutes the professional standing of an individual, or why we defeated this bill yesterday. It of debate equally divided prior to the otherwise to expose an individual to public contempt or obloquy or will represent a is why I will always support women’s cloture vote on the Wheeler nomina- clearly unwarranted invasion of the privacy freedom to make their own healthcare tion. of an individual; decisions. The PRESIDING OFFICER. Without (d) will disclose the identity of any in- I suggest the absence of a quorum. objection, it is so ordered. former or law enforcement agent or will dis- The PRESIDING OFFICER. The f close any information relating to the inves- clerk will call the roll. tigation or prosecution of a criminal offense LEGISLATIVE SESSION The senior assistant legislative clerk that is required to be kept secret in the in- terests of effective law enforcement; proceeded to call the roll. (e) will disclose information relating to the Ms. MURKOWSKI. Madam President, MORNING BUSINESS trade secrets or financial or commercial in- I ask unanimous consent that the order Ms. MURKOWSKI. Madam President, formation pertaining specifically to a given for the quorum call be rescinded. I ask unanimous consent that the Sen- person if— (1) an Act of Congress requires the infor- The PRESIDING OFFICER. Without ate proceed to legislative session for a objection, it is so ordered. mation to be kept confidential by Govern- period of morning business, with Sen- ment officers and employees; or NATURAL RESOURCES MANAGEMENT ACT ators permitted to speak for up to 10 (2) the information has been obtained by Ms. MURKOWSKI. Madam President, minutes each. the Government on a confidential basis, before I wrap for the end of the day at The PRESIDING OFFICER. Without other than through an application by such the request of the leader, I want to objection, it is so ordered. person for a specific Government financial or other benefit, and is required to be kept se- share my thanks, my appreciation— f truly, my appreciation—for an action cret in order to prevent undue injury to the that the House just took up. SENATE COMMITTEE ON ARMED competitive position of such person; or SERVICES RULES OF PROCEDURE (f) may divulge matters required to be kept It was just about an hour or so ago confidential under other provisions of law or that the House took up the bill that we Mr. INHOFE. Madam President, the Government regulations. had passed out of the Senate here, our rules governing the procedure of the 5. Presiding Officer—The Chairman shall lands and water conservation bill, Committee on Armed Services have preside at all meetings and hearings of the which was a very significant measure not changed for the 116th Congress. Committee except that in his absence the of about 120 different conservation, Pursuant to rules XXVI, paragraph 2, Ranking Majority Member present at the lands, waters, and sportsmen’s bills— of the Standing Rules of the Senate, on meeting or hearing shall preside unless by majority vote the Committee provides other- all rolled into one package—that behalf of myself and Senator REED, I wise. passed out of here by 92 to 8. It just ask unanimous consent that a copy of 6. Quorum—(a) A majority of the members passed out of the House by a signifi- the committee rules be printed in the of the Committee are required to be actually cant, significant margin. RECORD. present to report a matter or measure from It is, I think, a real testament not There being no objection, the mate- the Committee. (See Standing Rules of the only to the work that has been done rial was ordered to be printed in the Senate 26.7(a)(1)). within this body on a very strong bi- RECORD, as follows: (b) Except as provided in subsections (a) and (c), and other than for the conduct of UNITED STATES SENATE partisan basis but, really, to the work hearings, nine members of the Committee, that we have done with the House, in COMMITTEE ON ARMED SERVICES including one member of the minority party; our working with the other body in a RULES OF PROCEDURE, 116TH CONGRESS or a majority of the members of the Com- bipartisan, bicameral way. I think it 1. Regular Meeting Day—The Committee mittee, shall constitute a quorum for the goes a long way to showing that we shall meet at least once a month when Con- transaction of such business as may be con- really can come together as a Congress gress is in session. The regular meeting days sidered by the Committee. on issues that are important to each of of the Committee shall be Tuesday and (c) Three members of the Committee, one of whom shall be a member of the minority us individually. Thursday, unless the Chairman, after con- sultation with the Ranking Minority Mem- party, shall constitute a quorum for the pur- I give my thanks and my apprecia- ber, directs otherwise. pose of taking sworn testimony, unless oth- tion to Chairman GRIJALVA, to Mr. 2. Additional Meetings—The Chairman, erwise ordered by a majority of the full Com- BISHOP, who was the former chairman after consultation with the Ranking Minor- mittee. of that committee and who worked on ity Member, may call such additional meet- (d) Proxy votes may not be considered for this with us last year, and to all of ings as he deems necessary. the purpose of establishing a quorum. their teams, as well as to the House 3. Special Meetings—Special meetings of 7. Proxy Voting—Proxy voting shall be al- leadership, which has helped to ad- the Committee may be called by a majority lowed on all measures and matters before the of the members of the Committee in accord- Committee. The vote by proxy of any mem- vance this to this moment in time. ance with paragraph 3 of Rule XXVI of the ber of the Committee may be counted for the We look forward to the President’s Standing Rules of the Senate. purpose of reporting any measure or matter signing that very, very shortly, and I 4. Open Meetings—Each meeting of the to the Senate if the absent member casting know that it will come as a real posi- Committee, or any subcommittee thereof, such vote has been informed of the matter on tive moment for so many. I thank all including meetings to conduct hearings, which the member is being recorded and has who helped us with this. shall be open to the public, except that a affirmatively requested that he or she be so meeting or series of meetings by the Com- recorded. Proxy must be given in writing. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE mittee or a subcommittee thereof on the 8. Announcement of Votes—The results of CALENDAR same subject for a period of no more than all roll call votes taken in any meeting of Ms. MURKOWSKI. Madam President, fourteen (14) calendar days may be closed to the Committee on any measure, or amend- I ask unanimous consent that with re- the public on a motion made and seconded to ment thereto, shall be announced in the spect to the Miller nomination, the go into closed session to discuss only wheth- Committee report, unless previously an- motion to reconsider be considered er the matters enumerated below in clauses nounced by the Committee. The announce- made and laid upon the table and that (a) through (f) would require the meeting to ment shall include a tabulation of the votes the President be immediately notified be closed, followed immediately by a record cast in favor and votes cast in opposition to each such measure and amendment by each of the Senate’s action. vote in open session by a majority of the members of the Committee or subcommittee member of the Committee who was present The PRESIDING OFFICER. Without when it is determined that the matters to be at such meeting. The Chairman, after con- objection, it is so ordered. discussed or the testimony to be taken at sultation with the Ranking Minority Mem- ORDER OF PROCEDURE such meeting or meetings— ber, may hold open a roll call vote on any Ms. MURKOWSKI. Madam President, (a) will disclose matters necessary to be measure or matter which is before the Com- I ask unanimous consent that the kept secret in the interests of national de- mittee until no later than midnight of the fense or the confidential conduct of the for- day on which the Committee votes on such postcloture time on the Desmond nom- eign relations of the United States; measure or matter. ination expire at 12:15 p.m. tomorrow; (b) will relate solely to matters of Com- 9. Subpoenas—Subpoenas for attendance of further, that if confirmed, the motion mittee staff personnel or internal staff man- witnesses and for the production of memo- to reconsider be considered made and agement or procedure; randa, documents, records, and the like may

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Such calendar shall be revised from liminary inquiries, adjudicatory reviews, which the witness is expected to testify or time to time to show pertinent changes in recommendations or reports, and matters re- the documents to be produced. such bills, the current status thereof, and lating to Senate Resolution 400, agreed to 10. Hearings—(a) Public notice shall be new bills introduced and referred to the May 19, 1976. given of the date, place and subject matter of Committee. A copy of each new revision (2) Three members shall constitute a any hearing to be held by the Committee, or shall be furnished to each member of the quorum for the transaction of routine busi- any subcommittee thereof, at least 1 week in Committee. ness of the Select Committee not covered by advance of such hearing, unless the Com- (b) Unless otherwise ordered, measures re- the first paragraph of this subparagraph, in- mittee or subcommittee determines that ferred to the Committee shall be referred by cluding requests for opinions and interpreta- good cause exists for beginning such hear- the clerk of the Committee to the appro- tions concerning the Code of Official Con- ings at an earlier time. priate department or agency of the Govern- duct or any other statute or regulation (b) Hearings may be initiated only by the ment for reports thereon. under the jurisdiction of the Select Com- specified authorization of the Committee or 14. Except as otherwise specified herein, mittee, if one member of the quorum is a subcommittee. the Standing Rules of the Senate shall gov- member of the majority Party and one mem- (c) Hearings shall be held only in the Dis- ern the actions of the Committee. Each sub- ber of the quorum is a member of the minor- trict of Columbia unless specifically author- committee of the Committee is part of the ity Party. During the transaction of routine ized to be held elsewhere by a majority vote Committee, and is therefore subject to the business any member of the Select Com- of the Committee or subcommittee con- Committee’s rules so far as applicable. mittee constituting the quorum shall have ducting such hearings. 15. Powers and Duties of Subcommittees— the right to postpone further discussion of a (d) The Chairman of the Committee or sub- Each subcommittee is authorized to meet, pending matter until such time as a major- committee shall consult with the Ranking hold hearings, receive evidence, and report ity of the members of the Select Committee Minority Member thereof before naming wit- to the full Committee on all matters referred are present. nesses for a hearing. to it. Subcommittee chairmen, after con- (3) The Select Committee may fix a lesser (e) Witnesses appearing before the Com- sultation with Ranking Minority Members of number as a quorum for the purpose of tak- mittee shall file with the clerk of the Com- the subcommittees, shall set dates for hear- ing sworn testimony. mittee a written statement of their proposed ings and meetings of their respective sub- (d) (1) A member of the Select Committee testimony prior to the hearing at which they committees after consultation with the shall be ineligible to participate in— are to appear unless the Chairman and the Chairman and other subcommittee chairmen (A) any preliminary inquiry or adjudica- Ranking Minority Member determine that with a view toward avoiding simultaneous tory review relating to— there is good cause not to file such a state- scheduling of full Committee and sub- (i) the conduct of— ment. Witnesses testifying on behalf of the committee meetings or hearings whenever (I) such member; Administration shall furnish an additional 50 possible. (II) any officer or employee the member copies of their statement to the Committee. supervises; or All statements must be received by the Com- f (III) any employee of any officer the mem- mittee at least 48 hours (not including week- SENATE SELECT COMMITTEE ON ber supervises; or ends or holidays) before the hearing. ETHICS RULES OF PROCEDURE (ii) any complaint filed by the member; (f) Confidential testimony taken or con- and fidential material presented in a closed hear- Mr. ISAKSON. Madam President, in (B) the determinations and recommenda- ing of the Committee or subcommittee or accordance with rule XXVI, paragraph tions of the Select Committee with respect any report of the proceedings of such hearing 2 of the Standing Rules of the Senate, to any preliminary inquiry or adjudicatory shall not be made public in whole or in part I ask unanimous consent, for myself as review described in subparagraph (A). or by way of summary unless authorized by chairman of the Select Committee on For purposes of this paragraph, a member a majority vote of the Committee or sub- of the Select Committee and an officer of the Ethics and for Senator CHRISTOPHER A. committee. Senate shall be deemed to supervise any offi- (g) Any witness summoned to give testi- COONS, vice chairman of the com- cer or employee consistent with the provi- mony or evidence at a public or closed hear- mittee, that the rules of procedure of sion of paragraph 12 of Rule XXXVII of the ing of the Committee or subcommittee may the Select Committee on Ethics, which Standing Rules of the Senate. be accompanied by counsel of his own choos- were adopted February 23, 1978, and re- (2) A member of the Select Committee ing who shall be permitted at all times dur- vised November 1999, be printed in the may, at the discretion of the member, dis- ing such hearing to advise such witness of RECORD for the 116th Congress. qualify himself or herself from participating his legal rights. There being no objection, the mate- in any preliminary inquiry or adjudicatory (h) Witnesses providing unsworn testimony review pending before the Select Committee to the Committee may be given a transcript rial was ordered to be printed in the and the determinations and recommenda- of such testimony for the purpose of making RECORD, as follows: tions of the Select Committee with respect minor grammatical corrections. Such wit- RULES OF THE SELECT COMMITTEE ON to any such preliminary inquiry or adjudica- nesses will not, however, be permitted to ETHICS tory review. Notice of such disqualification alter the substance of their testimony. Any PART I: ORGANIC AUTHORITY shall be given in writing to the President of question involving such corrections shall be the Senate. SUBPART A—S. RES. 338 AS AMENDED decided by the Chairman. (3) Whenever any member of the Select 11. Nominations—Unless otherwise ordered S. Res. 338, 88th Cong., 2d Sess. (1964) Committee is ineligible under paragraph (1) by the Committee, nominations referred to Resolved, That (a) there is hereby estab- to participate in any preliminary inquiry or the Committee shall be held for at least lished a permanent select committee of the adjudicatory review or disqualifies himself seven (7) days before being voted on by the Senate to be known as the Select Committee or herself under paragraph (2) from partici- Committee. Each member of the Committee on Ethics (referred to hereinafter as the ‘‘Se- pating in any preliminary inquiry or adju- shall be furnished a copy of all nominations lect Committee’’) consisting of six Members dicatory review, another Senator shall, sub- referred to the Committee. of the Senate, of whom three shall be se- ject to the provisions of subsection (d), be 12. Real Property Transactions—Each lected from members of the majority party appointed to serve as a member of the Select member of the Committee shall be furnished and three shall be selected from members of Committee solely for purposes of such pre- with a copy of the proposals of the Secre- the minority party. Members thereof shall be liminary inquiry or adjudicatory review and taries of the Army, Navy, and Air Force, sub- appointed by the Senate in accordance with the determinations and recommendations of mitted pursuant to 10 U.S.C. 2662 and with a the provisions of Paragraph 1 of Rule XXIV the Select Committee with respect to such copy of the proposals of the Director of the of the Standing Rules of the Senate at the preliminary inquiry or adjudicatory review. Federal Emergency Management Agency, beginning of each Congress. For purposes of Any Member of the Senate appointed for submitted pursuant to 50 U.S.C. App. 2285, re- paragraph 4 of Rule XXV of the Standing such purposes shall be of the same party as garding the proposed acquisition or disposi- Rules of the Senate, service of a Senator as the Member who is ineligible or disqualifies tion of property of an estimated price or a member or chairman of the Select Com- himself or herself. rental of more than $50,000. Any member of mittee shall not be taken into account. Sec. 2. (a) It shall be the duty of the Select the Committee objecting to or requesting in- (b) Vacancies in the membership of the Se- Committee to— formation on a proposed acquisition or dis- lect Committee shall not affect the author- (1) receive complaints and investigate alle- posal shall communicate his objection or re- ity of the remaining members to execute the gations of improper conduct which may re- quest to the Chairman of the Committee functions of the committee, and shall be flect upon the Senate, violations of law, vio- within thirty (30) days from the date of sub- filled in the same manner as original ap- lations of the Senate Code of Official Con- mission. pointments thereto are made. duct and violations of rules and regulations

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.031 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1474 CONGRESSIONAL RECORD — SENATE February 26, 2019 of the Senate, relating to the conduct of in- that a violation within the jurisdiction of (2) A motion to proceed to consideration of dividuals in the performance of their duties the Select Committee has occurred. an appeal pursuant to paragraph (1) shall be as Members of the Senate, or as officers or (c) (1) No— highly privileged and not debatable. If the employees of the Senate, and to make appro- (A) adjudicatory review of conduct of a motion to proceed to consideration of the ap- priate findings of fact and conclusions with Member or officer of the Senate may be con- peal is agreed to, the appeal shall be decided respect thereto; ducted; on the basis of the Select Committee’s report (2) (A) recommend to the Senate by report (B) report, resolution, or recommendation to the Senate. Debate on the appeal shall be or resolution by a majority vote of the full relating to such an adjudicatory review of limited to 10 hours, which shall be divided committee disciplinary action to be taken conduct may be made; and equally between, and controlled by, those fa- with respect to such violations which the Se- (C) letter of admonition pursuant to sub- voring and those opposing the appeal. lect Committee shall determine, after ac- section (d)(3) may be issued, unless approved (f) The Select Committee may, in its dis- cording to the individual concerned due no- by the affirmative recorded vote of no fewer cretion, employ hearing examiners to hear tice and opportunity for a hearing, to have than 4 members of the Select Committee. testimony and make findings of fact and/or (2) No other resolution, report, rec- occurred; recommendations to the Select Committee ommendation, interpretative ruling, or advi- (B) pursuant to subparagraph (A) rec- concerning the disposition of complaints. sory opinion may be made without an affirm- ommend discipline, including— (g) Notwithstanding any other provision of ative vote of a majority of the Members of (i) in the case of a Member, a recommenda- this section, no adjudicatory review shall be the Select Committee voting. tion to the Senate for expulsion, censure, initiated of any alleged violation of any law, (d) (1) When the Select Committee receives the Senate Code of Official Conduct, rule, or payment of restitution, recommendation to a sworn complaint or other allegation or in- a Member’s party conference regarding the regulation which was not in effect at the formation about a Member, officer, or em- time the alleged violation occurred. No pro- Member’s seniority or positions of responsi- ployee of the Senate, it shall promptly con- visions of the Senate Code of Official Con- bility, or a combination of these; and duct a preliminary inquiry into matters duct shall apply to or require disclosure of (ii) in the case of an officer or employee, raised by that complaint, allegation, or in- any act, relationship, or transaction which dismissal, suspension, payment of restitu- formation. The preliminary inquiry shall be occurred prior to the effective date of the ap- tion, or a combination of these; of duration and scope necessary to determine plicable provision of the Code. The Select (3) subject to the provisions of subsection whether there is substantial credible evi- Committee may initiate an adjudicatory re- (e), by a unanimous vote of 6 members, order dence which provides substantial cause for view of any alleged violation of a rule or law that a Member, officer, or employee be rep- the Select Committee to conclude that a vio- which was in effect prior to the enactment of rimanded or pay restitution, or both, if the lation within the jurisdiction of the Select the Senate Code of Official Conduct if the al- Select Committee determines, after accord- Committee has occurred. The Select Com- leged violation occurred while such rule or ing to the Member, officer, or employee due mittee may delegate to the chairman and law was in effect and the violation was not a notice and opportunity for a hearing, that vice chairman the discretion to determine matter resolved on the merits by the prede- misconduct occurred warranting discipline the appropriate duration, scope, and conduct cessor Select Committee. less serious than discipline by the full Sen- of a preliminary inquiry. (h) The Select Committee shall adopt writ- ate; (2) If, as a result of a preliminary inquiry ten rules setting forth procedures to be used (4) in the circumstances described in sub- under paragraph (1), the Select Committee in conducting preliminary inquiries and ad- section (d)(3), issue a public or private letter determines by a recorded vote that there is judicatory reviews. of admonition to a Member, officer, or em- not such substantial credible evidence, the (i) The Select Committee from time to ployee, which shall not be subject to appeal Select Committee shall dismiss the matter. time shall transmit to the Senate its rec- to the Senate; The Select Committee may delegate to the ommendation as to any legislative measures (5) recommend to the Senate, by report or chairman and vice chairman the authority, which it may consider to be necessary for resolution, such additional rules or regula- on behalf of the Select Committee, to dis- the effective discharge of its duties. tions as the Select Committee shall deter- miss any matter that they determine, after a Sec. 3. (a) The Select Committee is author- mine to be necessary or desirable to insure preliminary inquiry, lacks substantial merit. ized to (1) make such expenditures; (2) hold proper standards of conduct by Members of The Select Committee shall inform the indi- such hearings; (3) sit and act at such times the Senate, and by officers or employees of vidual who provided to the Select Committee and places during the sessions, recesses, and the Senate, in the performance of their du- the complaint, allegation, or information, adjournment periods of the Senate; (4) re- ties and the discharge of their responsibil- and the individual who is the subject of the quire by subpoena or otherwise the attend- ities; complaint, allegation, or information, of the ance of such witnesses and the production of (6) by a majority vote of the full com- dismissal, together with an explanation of such correspondence, books, papers, and doc- mittee, report violations of any law, includ- the basis for the dismissal. uments; (5) administer such oaths; (6) take ing the provision of false information to the (3) If, as a result of a preliminary inquiry such testimony orally or by deposition; (7) Select Committee, to the proper Federal and under paragraph (1), the Select Committee employ and fix the compensation of a staff State authorities; and determines that a violation is inadvertent, director, a counsel, an assistant counsel, one (7) develop and implement programs and technical, or otherwise of a de minimis na- or more investigators, one or more hearing materials designed to educate Members, offi- ture, the Select Committee may dispose of examiners, and such technical, clerical, and cers, and employees about the laws, rules, the matter by issuing a public or private let- other assistants and consultants as it deems advisable; and (8) to procure the temporary regulations, and standards of conduct appli- ter of admonition, which shall not be consid- services (not in excess of one year) or inter- cable to such individuals in the performance ered discipline. The Select Committee may mittent services of individual consultants, or of their duties. issue a public letter of admonition upon a organizations thereof, by contract as inde- (b) For the purposes of this resolution— similar determination at the conclusion of (1) the term ‘‘sworn complaint’’ means a pendent contractors or, in the case of indi- an adjudicatory review. viduals, by employment at daily rates of written statement of facts, submitted under (4) If, as a result of a preliminary inquiry compensation not in excess of the per diem penalty of perjury, within the personal under paragraph (1), the Select Committee equivalent of the highest rate of compensa- knowledge of the complainant alleging a vio- determines that there is such substantial tion which may be paid to a regular em- lation of law, the Senate Code of Official credible evidence and the matter cannot be Conduct, or any other rule or regulation of ployee of the Select Committee. appropriately disposed of under paragraph (b) (1) The Select Committee is authorized the Senate relating to the conduct of indi- (3), the Select Committee shall promptly ini- to retain and compensate counsel not em- viduals in the performance of their duties as tiate an adjudicatory review. Upon the con- ployed by the Senate (or by any department Members, officers, or employees of the Sen- clusion of such adjudicatory review, the Se- or agency of the executive branch of the ate; lect Committee shall report to the Senate, as Government) whenever the Select Com- (2) the term ‘‘preliminary inquiry’’ means soon as practicable, the results of such adju- mittee determines that the retention of out- a proceeding undertaken by the Select Com- dicatory review, together with its rec- side counsel is necessary or appropriate for mittee following the receipt of a complaint ommendations (if any) pursuant to sub- any action regarding any complaint or alle- or allegation of, or information about, mis- section (a)(2). gation, which, in the determination of the conduct by a Member, officer, or employee of (e) (1) Any individual who is the subject of Select Committee is more appropriately con- the Senate to determine whether there is a reprimand or order of restitution, or both, ducted by counsel not employed by the Gov- substantial credible evidence which provides pursuant to subsection (a)(3) may, within 30 ernment of the United States as a regular substantial cause for the Select Committee days of the Select Committee’s report to the employee. to conclude that a violation within the juris- Senate of its action imposing a reprimand or (2) Any adjudicatory review as defined in diction of the Select Committee has oc- order of restitution, or both, appeal to the section 2(b)(3) shall be conducted by outside curred; and Senate by providing written notice of the counsel as authorized in paragraph (1), un- (3) the term ‘‘adjudicatory review’’ means basis for the appeal to the Select Committee less the Select Committee determines not to a proceeding undertaken by the Select Com- and the presiding officer of the Senate. The use outside counsel. mittee after a finding, on the basis of a pre- presiding officer of the Senate shall cause (c) With the prior consent of the depart- liminary inquiry, that there is substantial the notice of the appeal to be printed in the ment or agency concerned, the Select Com- credible evidence which provides substantial Congressional Record and the Senate Jour- mittee may (1) utilize the services, informa- cause for the Select Committee to conclude nal. tion and facilities of any such department or

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.042 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1475 agency of the Government, and (2) employ on such advisory opinion. The advisory opinions has been filed or, if a hearing is held, not a reimbursable basis or otherwise the serv- issued by the Select Committee shall be later than thirty days after the conclusion of ices of such personnel of any such depart- compiled, indexed, reproduced, and made such hearing. Such decision shall be based on ment or agency as it deems advisable. With available on a periodic basis. written findings of fact in the case by the se- the consent of any other committee of the (8) A brief description of a waiver granted lect committee. If the select committee Senate, or any subcommittee thereof, the under paragraph 2(c) [NOTE: Now Paragraph finds, in its written decision, that a violation Select Committee may utilize the facilities 1] of Rule XXXIV or paragraph 1 of Rule has occurred or is about to occur, the com- and the services of the staff of such other XXXV of the Standing Rules of the Senate mittee may take such action and enforce- committee or subcommittee whenever the shall be made available upon request in the ment as it considers appropriate in accord- chairman of the Select Committee deter- Select Committee office with appropriate de- ance with applicable rules, precedents, and mines that such action is necessary and ap- letions to assure the privacy of the indi- standing orders of the Senate, and such propriate. vidual concerned. other standards as may be prescribed by such (d) (1) Subpoenas may be authorized by— Sec. 4. The expenses of the Select Com- committee. (A) the Select Committee; or mittee under this resolution shall be paid (c) Notwithstanding any other provision of (B) the chairman and vice chairman, act- from the contingent fund of the Senate upon law, no court or administrative body in the ing jointly. vouchers approved by the chairman of the United States or in any territory thereof (2) Any such subpoena shall be issued and Select Committee. shall have jurisdiction to entertain any civil signed by the chairman and the vice chair- Sec. 5. As used in this resolution, the term action of any character concerning or re- lated to a violation of the franking laws or man and may be served by any person des- ‘‘officer or employee of the Senate’’ means— an abuse of the franking privilege by any ignated by the chairman and vice chairman. (1) an elected officer of the Senate who is person listed under subsection (a) of this sec- (3) The chairman or any member of the Se- not a Member of the Senate; tion as entitled to send mail as franked mail, lect Committee may administer oaths to (2) an employee of the Senate, any com- until a complaint has been filed with the se- witnesses. mittee or subcommittee of the Senate, or lect committee and the committee has ren- (e) (1) The Select Committee shall pre- any Member of the Senate; dered a decision under subsection (b) of this scribe and publish such regulations as it (3) the Legislative Counsel of the Senate or feels are necessary to implement the Senate section. any employee of his office; (d) The select committee shall prescribe Code of Official Conduct. (4) an Official Reporter of Debates of the (2) The Select Committee is authorized to regulations for the holding of investigations Senate and any person employed by the Offi- and hearings, the conduct of proceedings, issue interpretative rulings explaining and cial Reporters of Debates of the Senate in clarifying the application of any law, the and the rendering of decisions under this connection with the performance of their of- subsection providing for equitable proce- Code of Official Conduct, or any rule or regu- ficial duties; dures and the protection of individual, pub- lation of the Senate within its jurisdiction. (5) a Member of the Capitol Police force lic, and Government interests. The regula- (3) The Select Committee shall render an whose compensation is disbursed by the Sec- tions shall, insofar as practicable, contain advisory opinion, in writing within a reason- retary of the Senate; the substance of the administrative proce- able time, in response to a written request (6) an employee of the Vice President if dure provisions of sections 551–559 and 701– by a Member or officer of the Senate or a such employee’s compensation is disbursed 706, of title 5, United States Code. These reg- candidate for nomination for election, or by the Secretary of the Senate; and ulations shall govern matters under this sub- election to the Senate, concerning the appli- (7) an employee of a joint committee of the section subject to judicial review thereof. cation of any law, the Senate Code of Official Congress whose compensation is disbursed by (e) The select committee shall keep a com- Conduct, or any rule or regulation of the the Secretary of the Senate. plete record of all its actions, including a Senate within its jurisdiction to a specific SUBPART B—PUBLIC LAW 93–191—FRANKED MAIL, record of the votes on any question on which factual situation pertinent to the conduct or PROVISIONS RELATING TO THE SELECT COM- a record vote is demanded. All records, data, proposed conduct of the person seeking the MITTEE and files of the select committee shall be the advisory opinion. property of the Senate and shall be kept in (4) The Select Committee may in its dis- Sec. 6. (a) The Select Committee on Stand- the offices of the select committee or such cretion render an advisory opinion in writing ards and Conduct of the Senate [NOTE: Now other places as the committee may direct. within a reasonable time in response to a the Select Committee on Ethics] shall pro- SUBPART C—STANDING ORDERS OF THE SENATE written request by any employee of the Sen- vide guidance, assistance, advice and coun- REGARDING UNAUTHORIZED DISCLOSURE OF ate concerning the application of any law, sel, through advisory opinions or consulta- INTELLIGENCE INFORMATION, S. RES. 400, 94TH the Senate Code of Official Conduct, or any tions, in connection with the mailing or con- CONGRESS, PROVISIONS RELATING TO THE SE- rule or regulation of the Senate within its templated mailing of franked mail under sec- LECT COMMITTEE jurisdiction to a specific factual situation tion 3210, 3211, 3212, 3218(2) or 3218, and in SEC. 8. * * * pertinent to the conduct or proposed conduct connection with the operation of section 3215, of title 39, United States Code, upon the (c) (1) No information in the possession of of the person seeking the advisory opinion. the select committee relating to the lawful (5) Notwithstanding any provision of the request of any Member of the Senate or intelligence activities of any department or Senate Code of Official Conduct or any rule Member-elect, surviving spouse of any of the agency of the United States which has been foregoing, or other Senate official, entitled or regulation of the Senate, any person who classified under established security proce- to send mail as franked mail under any of relies upon any provision or finding of an ad- dures and which the select committee, pur- those sections. The select committee shall visory opinion in accordance with the provi- suant to subsection (a) or (b) of this section, prescribe regulations governing the proper sions of paragraphs (3) and (4) and who acts has determined should not be disclosed, shall use of the franking privilege under those sec- in good faith in accordance with the provi- be made available to any person by a Mem- tions by such persons. sions and findings of such advisory opinion ber, officer, or employee of the Senate except (b) Any complaint filed by any person with shall not, as a result of any such act, be sub- in a closed session of the Senate or as pro- the select committee that a violation of any ject to any sanction by the Senate. vided in paragraph (2). (6) Any advisory opinion rendered by the section of title 39, United State Code, re- (2) The select committee may, under such Select Committee under paragraphs (3) and ferred to in subsection (a) of this section is regulations as the committee shall prescribe (4) may be relied upon by (A) any person in- about to occur or has occurred within the to protect the confidentiality of such infor- volved in the specific transaction or activity immediately preceding period of 1 year, by mation, make any information described in with respect to which such advisory opinion any person referred to in such subsection (a), paragraph (1) available to any other com- is rendered: Provided, however, that the re- shall contain pertinent factual material and mittee or any other Member of the Senate. quest for such advisory opinion included a shall conform to regulations prescribed by Whenever the select committee makes such complete and accurate statement of the spe- the select committee. The select committee, information available, the committee shall cific factual situation; and, (B) any person if it determines there is reasonable justifica- keep a written record showing, in the case of involved in any specific transaction or activ- tion for the complaint, shall conduct an in- any particular information, which com- ity which is indistinguishable in all its mate- vestigation of the matter, including an in- mittee or which Members of the Senate re- rial aspects from the transaction or activity vestigation of reports and statements filed ceived such information. No Member of the with respect to which such advisory opinion by that complainant with respect to the Senate who, and no committee which, re- is rendered. matter which is the subject of the complaint. ceives any information under this sub- (7) Any advisory opinion issued in response The committee shall afford to the person section, shall disclose such information ex- to a request under paragraph (3) or (4) shall who is the subject of the complaint due no- cept in a closed session of the Senate. be printed in the Congressional Record with tice and, if it determines that there is sub- (d) It shall be the duty of the Select Com- appropriate deletions to assure the privacy stantial reason to believe that such violation mittee on Standards and Conduct to inves- of the individual concerned. The Select Com- has occurred or is about to occur, oppor- tigate any unauthorized disclosure of intel- mittee shall, to the extent practicable, be- tunity for all parties to participate in a ligence information by a Member, officer or fore rendering an advisory opinion, provide hearing before the select committee. The se- employee of the Senate in violation of sub- any interested party with an opportunity to lect committee shall issue a written decision section (c) and to report to the Senate con- transmit written comments to the Select on each complaint under this subsection not cerning any allegation which it finds to be Committee with respect to the request for later than thirty days after such a complaint substantiated.

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.043 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1476 CONGRESSIONAL RECORD — SENATE February 26, 2019 (e) Upon the request of any person who is changes in the consumer price index for the (f) for that gift. subject to any such investigation, the Select immediately preceding 3-year period; and ‘‘(d) The Congress consents to the accept- Committee on Standards and Conduct shall ‘‘(B) regulations of an employing agency ing, retaining, and wearing by an employee release to such individual at the conclusion may define ‘minimal value’ for its employees of a decoration tendered in recognition of ac- of its investigation a summary of its inves- to be less than the value established under tive field service in time of combat oper- tigation together with its findings. If, at the this paragraph; and ations or awarded for other outstanding or conclusion of its investigation, the Select ‘‘(6) ‘employing agency’ means— unusually meritorious performance, subject Committee on Standards and Conduct deter- ‘‘(A) the Committee on Standards of Offi- to the approval of the employing agency of mines that there has been a significant cial Conduct of the House of Representa- such employee. Without this approval, the breach of confidentiality or unauthorized tives, for Members and employees of the decoration is deemed to have been accepted disclosure by a Member, officer, or employee House of Representatives, except that those on behalf of the United States, shall become of the Senate, it shall report its findings to responsibilities specified in subsections the property of the United States, and shall the Senate and recommend appropriate ac- (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried be deposited by the employee, within sixty tion such as censure, removal from com- out by the Clerk of the House; days of acceptance, with the employing mittee membership, or expulsion from the ‘‘(B) the Select Committee on Ethics of the agency for official use, for forwarding to the Senate, in the case of a Member, or removal Senate, for Senators and employees of the Administrator of General Services for dis- from office or employment or punishment Senate, except that those responsibilities posal in accordance with subsection (e)(1), or for contempt, in the case of an officer or em- (other than responsibilities involving ap- for disposal in accordance with subsection ployee. proval of the employing agency) specified in (e)(2). subsections (c)(2), (d), and (g)(2)(B) shall be ‘‘(e) (1) Except as provided in paragraph (2), SUBPART D—RELATING TO RECEIPT AND DIS- carried out by the Secretary of the Senate; gifts and decorations that have been depos- POSITION OF FOREIGN GIFTS AND DECORA- ‘‘(C) the Administrative Office of the ited with an employing agency for disposal TIONS RECEIVED BY MEMBERS, OFFICERS AND United States Courts, for judges and judicial shall be (A) returned to the donor, or (B) for- EMPLOYEES OF THE SENATE OR THEIR branch employees; and warded to the Administrator of General SPOUSES OR DEPENDENTS, PROVISIONS RELAT- ‘‘(D) the department, agency, office, or Services for transfer, donation, or other dis- ING TO THE SELECT COMMITTEE ON ETHICS other entity in which an employee is em- posal in accordance with the provisions of Section 7342 of title 5, United States Code, ployed, for other legislative branch employ- the Federal Property and Administrative states as follows: ees and for all executive branch employees. Services Act of 1949. However, no gift or Sec. 7342. Receipt and disposition of foreign ‘‘(b) An employee may not— decoration that has been deposited for dis- gifts and decorations. ‘‘(l) request or otherwise encourage the posal may be sold without the approval of ‘‘(a) For the purpose of this section— tender of a gift or decoration; or the Secretary of State, upon a determination ‘‘(1) ‘employee’ means— ‘‘(2) accept a gift or decoration, other than that the sale will not adversely affect the ‘‘(A) an employee as defined by section 2105 in accordance with, the provisions of sub- foreign relations of the United States. Gifts of this title and an officer or employee of the sections (c) and (d).(c)‘‘(1) The Congress con- and decorations may be sold by negotiated United States Postal Service or of the Postal sents to— sale. Rate Commission; ‘‘(A) the accepting and retaining by an em- ‘‘(2) Gifts and decorations received by a ‘‘(B) an expert or consultant who is under ployee of a gift of minimal value tendered Senator or an employee of the Senate that contract under section 3109 of this title with and received as a souvenir or mark of cour- are deposited with the Secretary of the Sen- the United States or any agency, depart- tesy; and ate for disposal, or are deposited for an offi- ment, or establishment thereof, including, in ‘‘(B) the accepting by an employee of a gift cial use which has terminated, shall be dis- the case of an organization performing serv- of more than minimal value when such gift posed of by the Commission on Arts and An- ices under such section, any individual in- is in the nature of an educational scholar- tiquities of the United States Senate. Any volved in the performance of such services; ship or medical treatment or when it appears such gift or decoration may be returned by ‘‘(C) an individual employed by, or occu- that to refuse the gift would likely cause of- the Commission to the donor or may be pying an office or position in, the govern- fense or embarrassment or otherwise ad- transferred or donated by the Commission, ment of a territory or possession of the versely affect the foreign relations of the subject to such terms and conditions as it United States or the government of the Dis- United States, except that may prescribe, (A) to an agency or instru- trict of Columbia; ‘‘(i) a tangible gift of more than minimal mentality of (i) the United States, (ii) a ‘‘(D) a member of a uniformed service; value is deemed to have been accepted on be- State, territory, or possession of the United ‘‘(E) the President and the Vice President; half of the United States and, upon accept- States, or a political subdivision of the fore- ‘‘(F) a Member of Congress as defined by ance, shall become the property of the going, or (iii) the District of Columbia, or (B) section 2106 of this title (except the Vice United States; and to an organization described in section President) and any Delegate to the Congress; ‘‘(ii) an employee may accept gifts of trav- 501(c)(3) of the Internal Revenue Code of 1986 and el or expenses for travel taking place en- which is exempt from taxation under section ‘‘(G) the spouse of an individual described tirely outside the United States (such as 501(a) of such Code. Any such gift or decora- in subparagraphs (A) through (F) (unless transportation, food, and lodging) of more tion not disposed of as provided in the pre- such individual and his or her spouse are sep- than minimal value if such acceptance is ap- ceding sentence shall be forwarded to the Ad- arated) or a dependent (within the meaning propriate, consistent with the interests of ministrator of General Services for disposal of section 152 of the Internal Revenue Code the United States, and permitted by the em- in accordance with paragraph (1). If the Ad- of 1986) of such an individual, other than a ploying agency and any regulations which ministrator does not dispose of such gift or spouse or dependent who is an employee may be prescribed by the employing agency. decoration within one year, he shall, at the under subparagraphs (A) through (F); ‘‘(2) Within 60 days after accepting a tan- request of the Commission, return it to the ‘‘(2) ‘foreign government’ means— gible gift of more than minimal value (other Commission and the Commission may dis- ‘‘(A) any unit of foreign governmental au- than a gift described in paragraph (1)(B)(ii)), pose of such gift or decoration in such man- thority, including any foreign national, an employee shall— ner as it considers proper, except that such State, local, and municipal government; ‘‘(A) deposit the gift for disposal with his gift or decoration may be sold only with the ‘‘(B) any international or multinational or- or her employing agency; or approval of the Secretary of State upon a de- ganization whose membership is composed of ‘‘(B) subject to the approval of the employ- termination that the sale will not adversely any unit of foreign government described in ing agency, deposit the gift with that agency affect the foreign relations of the United subparagraph (A); and for official use. Within 30 days after termi- States. ‘‘(C) any agent or representative of any nating the official use of a gift under sub- ‘‘(f)(1) Not later than January 31 of each such unit or such organization, while acting paragraph (B), the employing agency shall year, each employing agency or its delegate as such; forward the gift to the Administrator of Gen- shall compile a listing of all statements filed ‘‘(3) ‘gift’ means a tangible or intangible eral Services in accordance with subsection during the preceding year by the employees present (other than a decoration) tendered (e)(1) or provide for its disposal in accord- of that agency pursuant to subsection (c)(3) by, or received from, a foreign government; ance with subsection (e)(2). and shall transmit such listing to the Sec- ‘‘(4) ‘decoration’ means an order, device, ‘‘(3) When an employee deposits a gift of retary of State who shall publish a com- medal, badge, insignia, emblem, or award more than minimal value for disposal or for prehensive listing of all such statements in tendered by, or received from, a foreign gov- official use pursuant to paragraph (2), or the Federal Register. ernment; within 30 days after accepting travel or trav- ‘‘(2) Such listings shall include for each ‘‘(5) ‘minimal value’ means a retail value el expenses as provided in paragraph tangible gift reported— in the United States at the time of accept- (1)(B)(ii) unless such travel or travel ex- ‘‘(A) the name and position of the em- ance of $100 or less, except that— penses are accepted in accordance with spe- ployee; ‘‘(A) on January 1, 1981, and at 3 year inter- cific instructions of his or her employing ‘‘(B) a brief description of the gift and the vals thereafter, ‘minimal value’ shall be re- agency, the employee shall file a statement circumstances justifying acceptance; defined in regulations prescribed by the Ad- with his or her employing agency or its dele- ‘‘(C) the identity, if known, of the foreign ministrator of General Services, in consulta- gate containing the information prescribed government and the name and position of tion with the Secretary of State, to reflect in subsection the individual who presented the gift;

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.044 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1477 ‘‘(D) the date of acceptance of the gift; the Congressional Record not later than hearing to be conducted by it at least one ‘‘(E) the estimated value in the United thirty days after adoption, and copies shall week before the commencement of that hear- States of the gift at the time of acceptance; be made available by the Committee office ing, and shall publish such announcement in and upon request. the Congressional Record. If the Committee ‘‘(F) disposition or current location of the (c) MEETINGS: determines that there is good cause to com- gift. (1) The regular meeting of the Committee mence a hearing at an earlier date, such no- ‘‘(3) Such listings shall include for each shall be the first Thursday of each month tice will be given at the earliest possible gift of travel or travel expenses— while the Congress is in session. time. ‘‘(A) the name and position of the em- (2) Special meetings may be held at the (g) OPEN AND CLOSED COMMITTEE ployee; call of the Chairman or Vice Chairman if at MEETINGS: Meetings of the Committee ‘‘(B) a brief description of the gift and the least forty-eight hours notice is furnished to shall be open to the public or closed to the circumstances justifying acceptance; and all members. If all members agree, a special public (executive session), as determined ‘‘(C) the identity, if known, of the foreign meeting may be held on less than forty-eight under the provisions of paragraphs 5 (b) to government and the name and position of hours notice. (d) of Rule XXVI of the Standing Rules of the individual who presented the gift. (3) (A) If any member of the Committee de- the Senate. Executive session meetings of ‘‘(4) In transmitting such listings for the sires that a special meeting of the Com- the Committee shall be closed except to the Central Intelligence Agency, the Director of mittee be called, the member may file in the members and the staff of the Committee. On Central Intelligence may delete the informa- office of the Committee a written request to the motion of any member, and with the ap- tion described in subparagraphs (A) and (C) the Chairman or Vice Chairman for that spe- proval of a majority of the Committee mem- of paragraphs (2) and (3) if the Director cer- cial meeting. bers present, other individuals may be ad- tifies in writing to the Secretary of State (B) Immediately upon the filing of the re- mitted to an executive session meeting for a that the publication of such information quest the Clerk of the Committee shall no- specific period or purpose. could adversely affect United States intel- tify the Chairman and Vice Chairman of the (h) RECORD OF TESTIMONY AND COM- ligence sources. filing of the request. If, within three cal- MITTEE ACTION: An accurate stenographic ‘‘(g)(1) Each employing agency shall pre- endar days after the filing of the request, the or transcribed electronic record shall be kept scribe such regulations as may be necessary Chairman or the Vice Chairman does not call of all Committee proceedings, whether in ex- to carry out the purpose of this section. For the requested special meeting, to be held ecutive or public session. Such record shall all employing agencies in the executive within seven calendar days after the filing of include Senators’ votes on any question on branch, such regulations shall be prescribed the request, any three of the members of the which a recorded vote is held. The record of pursuant to guidance provided by the Sec- Committee may file their written notice in a witness’s testimony, whether in public or retary of State. These regulations shall be the office of the Committee that a special executive session, shall be made available for implemented by each employing agency for meeting of the Committee will be held at a inspection to the witness or his counsel its employees. specified date and hour; such special meeting under Committee supervision; a copy of any ‘‘(2) Each employing agency shall— may not occur until forty-eight hours after testimony given by that witness in public ‘‘(A) report to the Attorney General cases the notice is filed. The Clerk shall imme- session, or that part of the testimony given in which there is reason to believe that an diately notify all members of the Committee by the witness in executive session and sub- employee has violated this section; of the date and hour of the special meeting. sequently quoted or made part of the record ‘‘(B) establish a procedure for obtaining an The Committee shall meet at the specified in a public session shall be made available to appraisal, when necessary, of the value of date and hour. any witness if he so requests. (See Rule 5 on gifts; and (d) QUORUM: Procedures for Conducting Hearings.) ‘‘(C) take any other actions necessary to (1) A majority of the members of the Select (i) SECRECY OF EXECUTIVE TESTI- carry out the purpose of this section. Committee shall constitute a quorum for the MONY AND ACTION AND OF COMPLAINT ‘‘(h) The Attorney General may bring a transaction of business involving complaints PROCEEDINGS: civil action in any district court of the or allegations of, or information about, mis- (1) All testimony and action taken in exec- United States against any employee who conduct, including resulting preliminary in- utive session shall be kept secret and shall knowingly solicits or accepts a gift from a quiries, adjudicatory reviews, recommenda- not be released outside the Committee to foreign government not consented to by this tions or reports, and matters relating to any individual or group, whether govern- section or who fails to deposit or report such Senate Resolution 400, agreed to May 19, mental or private, without the approval of a gift as required by this section. The court in 1976. majority of the Committee. which such action is brought may assess a (2) Three members shall constitute a (2) All testimony and action relating to a penalty against such employee in any quorum for the transaction of the routine complaint or allegation shall be kept secret amount not to exceed the retail value of the business of the Select Committee not cov- and shall not be released by the Committee gift improperly solicited or received plus ered by the first subparagraph of this para- to any individual or group, whether govern- $5,000. graph, including requests for opinions and mental or private, except the respondent, ‘‘(i) The President shall direct all Chiefs of interpretations concerning the Code of Offi- without the approval of a majority of the a United States Diplomatic Mission to in- cial Conduct or any other statute or regula- Committee, until such time as a report to form their host governments that it is a gen- tion under the jurisdiction of the Select the Senate is required under Senate Resolu- eral policy of the United States Government Committee, if one member of the quorum is tion 338, 88th Congress, as amended, or unless to prohibit United States Government em- a Member of the Majority Party and one otherwise permitted under these Rules. (See ployees from receiving gifts or decorations of member of the quorum is a Member of the Rule 8 on Procedures for Handling Com- more than minimal value. Minority Party. During the transaction of mittee Sensitive and Classified Materials.) ‘‘(j) Nothing in this section shall be con- routine business any member of the Select (j) RELEASE OF REPORTS TO PUBLIC: strued to derogate any regulation prescribed Committee constituting the quorum shall No information pertaining to, or copies of by any employing agency which provides for have the right to postpone further discussion any Committee report, study, or other docu- more stringent limitations on the receipt of of a pending matter until such time as a ma- ment which purports to express the view, gifts and decorations by its employees. jority of the members of the Select Com- findings, conclusions or recommendations of ‘‘(k) The provisions of this section do not mittee are present. the Committee in connection with any of its apply to grants and other forms of assistance (3) Except for an adjudicatory hearing activities or proceedings may be released to to which section 108A of the Mutual Edu- under Rule 5 and any deposition taken out- any individual or group whether govern- cational and Cultural Exchange Act of 1961 side the presence of a Member under Rule 6, mental or private, without the authorization applies.’’ one Member shall constitute a quorum for of the Committee. Whenever the Chairman PART II: SUPPLEMENTARY PROCEDURAL RULES hearing testimony, provided that all Mem- or Vice Chairman is authorized to make any bers have been given notice of the hearing 145 Cong. Rec. S1832 (daily ed. Feb. 23, 1999) determination, then the determination may and the Chairman has designated a Member be released at his or her discretion. Each RULE 1: GENERAL PROCEDURES of the Majority Party and the Vice Chairman member of the Committee shall be given a (a) OFFICERS: In the absence of the Chair- has designated a Member of the Minority reasonable opportunity to have separate man, the duties of the Chair shall be filled by Party to be in attendance, either of whom in views included as part of any Committee re- the Vice Chairman or, in the Vice Chair- the absence of the other may constitute the port. (See Rule 8 on Procedures for Handling man’s absence, a Committee member des- quorum. Committee Sensitive and Classified Mate- ignated by the Chairman. (e) ORDER OF BUSINESS: Questions as to rials.) (b) PROCEDURAL RULES: The basic pro- the order of business and the procedure of (k) INELIGIBILITY OR DISQUALIFICA- cedural rules of the Committee are stated as the Committee shall in the first instance be TION OF MEMBERS AND STAFF: a part of the Standing Orders of the Senate decided by the Chairman and Vice Chairman, (1) A member of the Committee shall be in- in Senate Resolution 338, 88th Congress, as subject to reversal by a vote by a majority of eligible to participate in any Committee pro- amended, as well as other resolutions and the Committee. ceeding that relates specifically to any of laws. Supplementary Procedural Rules are (f) HEARINGS ANNOUNCEMENTS: The the following: stated herein and are hereinafter referred to Committee shall make public announcement (A) a preliminary inquiry or adjudicatory as the Rules. The Rules shall be published in of the date, place and subject matter of any review relating to (i) the conduct of (I) such

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1478 CONGRESSIONAL RECORD — SENATE February 26, 2019 member; (II) any officer or employee the tion or with the consent of the staff director ety of sources, including but not limited to member supervises; or (ii) any complaint or outside counsel, a staff member may also the following: filed by the member; and be disqualified from participating in a Com- (1) sworn complaints, defined as a written (B) the determinations and recommenda- mittee proceeding in other circumstances statement of facts, submitted under penalty tions of the Committee with respect to any not listed above. of perjury, within the personal knowledge of preliminary inquiry or adjudicatory review (l) RECORDED VOTES: Any member may the complainant alleging a violation of law, described in subparagraph (A). require a recorded vote on any matter. the Senate Code of Official Conduct, or any For purposes of this paragraph, a member (m) PROXIES; RECORDING VOTES OF other rule or regulation of the Senate relat- of the committee and an officer of the Sen- ABSENT MEMBERS: ing to the conduct of individuals in the per- ate shall be deemed to supervise any officer (1) Proxy voting shall not be allowed when formance of their duties as members, offi- or employee consistent with the provision of the question before the Committee is the ini- cers, or employees of the Senate; paragraph 12 of Rule XXXVII of the Standing tiation or continuation of a preliminary in- (2) anonymous or informal complaints; Rules of the Senate. quiry or an adjudicatory review, or the (3) information developed during a study or (2) If any Committee proceeding appears to issuance of a report or recommendation re- inquiry by the Committee or other commit- relate to a member of the Committee in a lated thereto concerning a Member or officer tees or subcommittees of the Senate, includ- manner described in subparagraph (1) of this of the Senate. In any such case an absent ing information obtained in connection with paragraph, the staff shall prepare a report to member’s vote may be announced solely for legislative or general oversight hearings; (4) information reported by the news the Chairman and Vice Chairman. If either the purpose of recording the member’s posi- the Chairman or the Vice Chairman con- media; or tion and such announced votes shall not be (5) information obtained from any indi- cludes from the report that it appears that counted for or against the motion. the member may be ineligible, the member vidual, agency or department of the execu- (2) On matters other than matters listed in tive branch of the Federal Government. shall be notified in writing of the nature of paragraph (m)(1) above, the Committee may the particular proceeding and the reason (c) FORM AND CONTENT OF COM- order that the record be held open for the that it appears that the member may be in- PLAINTS: A complaint need not be sworn vote of absentees or recorded proxy votes if eligible to participate in it. If the member nor must it be in any particular form to re- the absent Committee member has been in- agrees that he or she is ineligible, the mem- ceive Committee consideration, but the pre- formed of the matter on which the vote oc- ber shall so notify the Chairman or Vice ferred complaint will: curs and has affirmatively requested of the Chairman. If the member believes that he or (1) state, whenever possible, the name, ad- Chairman or Vice Chairman in writing that she is not ineligible, he or she may explain dress, and telephone number of the party fil- he be so recorded. the reasons to the Chairman and Vice Chair- ing the complaint; (3) All proxies shall be in writing, and shall man, and if they both agree that the member (2) provide the name of each member, offi- be delivered to the Chairman or Vice Chair- is not ineligible, the member shall continue cer or employee of the Senate who is specifi- man to be recorded. to serve. But if either the Chairman or Vice cally alleged to have engaged in improper (4) Proxies shall not be considered for the Chairman continues to believe that the conduct or committed a violation; purpose of establishing a quorum. (3) state the nature of the alleged improper member is ineligible, while the member be- (n) APPROVAL OF BLIND TRUSTS AND conduct or violation; lieves that he or she is not ineligible, the FOREIGN TRAVEL REQUESTS BETWEEN (4) supply all documents in the possession matter shall be promptly referred to the SESSIONS AND DURING EXTENDED RE- of the party filing the complaint relevant to Committee. The member shall present his or CESSES: During any period in which the or in support of his or her allegations as an her arguments to the Committee in execu- attachment to the complaint. tive session. Any contested questions con- Senate stands in adjournment between ses- RULE 3: PROCEDURES FOR CONDUCTING A cerning a member’s eligibility shall be de- sions of the Congress or stands in a recess PRELIMINARY INQUIRY cided by a majority vote of the Committee, scheduled to extend beyond fourteen days, meeting in executive session, with the mem- the Chairman and Vice Chairman, or their (a) DEFINITION OF PRELIMINARY IN- ber in question not participating. designees, acting jointly, are authorized to QUIRY: A ‘‘preliminary inquiry’’ is a pro- (3) A member of the Committee may, at approve or disapprove blind trusts under the ceeding undertaken by the Committee fol- the discretion of the member, disqualify provision of Rule XXXIV. lowing the receipt of a complaint or allega- himself or herself from participating in any (o) COMMITTEE USE OF SERVICES OR tion of, or information about, misconduct by preliminary inquiry or adjudicatory review EMPLOYEES OF OTHER AGENCIES AND a Member, officer, or employee of the Senate pending before the Committee and the deter- DEPARTMENTS: With the prior consent of to determine whether there is substantial minations and recommendations of the Com- the department or agency involved, the Com- credible evidence which provides substantial mittee with respect to any such preliminary mittee may (1) utilize the services, informa- cause for the Committee to conclude that a inquiry or adjudicatory review. tion, or facilities of any such department or violation within the jurisdiction of the Com- (4) Whenever any member of the Com- agency of the Government, and (2) employ on mittee has occurred. mittee is ineligible under paragraph (1) to a reimbursable basis or otherwise the serv- (b) BASIS FOR PRELIMINARY INQUIRY: participate in any preliminary inquiry or ad- ices of such personnel of any such depart- The Committee shall promptly commence a judicatory review, or disqualifies himself or ment or agency as it deems advisable. With preliminary inquiry whenever it has received herself under paragraph (3) from partici- the consent of any other committee of the a sworn complaint, or other allegation of, or pating in any preliminary inquiry or adju- Senate, or any subcommittee, the Com- information about, alleged misconduct or dicatory review, another Senator shall be ap- mittee may utilize the facilities and the violations pursuant to Rule 2. pointed by the Senate to serve as a member services of the staff of such other committee (c) SCOPE OF PRELIMINARY INQUIRY: of the Committee solely for purposes of such or subcommittee whenever the Chairman (1) The preliminary inquiry shall be of such preliminary inquiry or adjudicatory review and Vice Chairman of the Committee, acting duration and scope as is necessary to deter- and the determinations and recommenda- jointly, determine that such action is nec- mine whether there is substantial credible tions of the Committee with respect to such essary and appropriate. evidence which provides substantial cause for the Committee to conclude that a viola- preliminary inquiry or adjudicatory review. RULE 2: PROCEDURES FOR COMPLAINTS, Any member of the Senate appointed for tion within the jurisdiction of the Com- ALLEGATIONS, OR INFORMATION mittee has occurred. The Chairman and Vice such purposes shall be of the same party as (a) COMPLAINT, ALLEGATION, OR IN- the member who is ineligible or disqualifies Chairman, acting jointly, on behalf of the FORMATION: Any member or staff member Committee may supervise and determine the himself or herself. of the Committee shall report to the Com- (5) The President of the Senate shall be appropriate duration, scope, and conduct of a mittee, and any other person may report to given written notice of the ineligibility or preliminary inquiry. Whether a preliminary the Committee, a sworn complaint or other disqualification of any member from any inquiry is conducted jointly by the Chairman allegation or information, alleging that any preliminary inquiry, adjudicatory review, or and Vice Chairman or by the Committee as Senator, or officer, or employee of the Sen- other proceeding requiring the appointment a whole, the day to day supervision of a pre- ate has violated a law, the Senate Code of Of- of another member in accordance with sub- liminary inquiry rests with the Chairman ficial Conduct, or any rule or regulation of paragraph (k)(4). and Vice Chairman, acting jointly. (6) A member of the Committee staff shall the Senate relating to the conduct of any in- (2) A preliminary inquiry may include any be ineligible to participate in any Com- dividual in the performance of his or her inquiries, interviews, sworn statements, mittee proceeding that the staff director or duty as a Member, officer, or employee of the depositions, or subpoenas deemed appro- outside counsel determines relates specifi- Senate, or has engaged in improper conduct priate to obtain information upon which to cally to any of the following: which may reflect upon the Senate. Such make any determination provided for by this (A) the staff member’s own conduct; complaints or allegations or information Rule. (B) the conduct of any employee that the may be reported to the Chairman, the Vice (d) OPPORTUNITY FOR RESPONSE: A staff member supervises; Chairman, a Committee member, or a Com- preliminary inquiry may include an oppor- (C) the conduct of any member, officer or mittee staff member. tunity for any known respondent or his or employee for whom the staff member has (b) SOURCE OF COMPLAINT, ALLEGA- her designated representative to present ei- worked for any substantial period; or TION, OR INFORMATION: Complaints, alle- ther a written or oral statement, or to re- (D) a complaint, sworn or unsworn, that gations, and information to be reported to spond orally to questions from the Com- was filed by the staff member. At the direc- the Committee may be obtained from a vari- mittee. Such an oral statement or answers

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.045 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1479 shall be transcribed and signed by the person known respondent who is the subject of an (iv) In the case where the Committee de- providing the statement or answers. adjudicatory review. The notice shall be sent termines that misconduct is inadvertent, (e) STATUS REPORTS: The Committee to the respondent no later than five working technical, or otherwise of a de minimis na- staff or outside counsel shall periodically re- days after the Committee has voted to con- ture, issue a public or private letter of admo- port to the Committee in the form and ac- duct an adjudicatory review. The notice nition to a Member, officer or employee, cording to the schedule prescribed by the shall include a statement of the nature of which shall not be subject to appeal to the Committee. The reports shall be confiden- the possible violation, and description of the Senate. tial. evidence indicating that a possible violation (3) In the case where the Committee deter- (f) FINAL REPORT: When the preliminary occurred. The Committee may offer the re- mines, upon consideration of all the evi- inquiry is completed, the staff or outside spondent an opportunity to present a state- dence, that the facts do not warrant a find- counsel shall make a confidential report, ment, orally or in writing, or to respond to ing that there is substantial credible evi- oral or written, to the Committee on find- questions from members of the Committee, dence which provides substantial cause for ings and recommendations, as appropriate. the Committee staff, or outside counsel. the Committee to conclude that a violation (g) COMMITTEE ACTION: As soon as prac- (d) RIGHT TO A HEARING: The Com- within the jurisdiction of the Committee has ticable following submission of the report on mittee shall accord a respondent an oppor- occurred, the Committee may dismiss the the preliminary inquiry, the Committee tunity for a hearing before it recommends matter. shall determine by a recorded vote whether disciplinary action against that respondent (4) Promptly, after the conclusion of the there is substantial credible evidence which to the Senate or before it imposes an order of adjudicatory review, the Committee’s report provides substantial cause for the Com- restitution or reprimand (not requiring dis- and recommendation, if any, shall be for- mittee to conclude that a violation within cipline by the full Senate). warded to the Secretary of the Senate, and a the jurisdiction of the Committee has oc- (e) PROGRESS REPORTS TO COM- copy shall be provided to the complainant curred. The Committee may make any of the MITTEE: The Committee staff or outside and the respondent. The full report and rec- following determinations: counsel shall periodically report to the Com- ommendation, if any, shall be printed and (1) The Committee may determine that mittee concerning the progress of the adju- there is not such substantial credible evi- made public, unless the Committee deter- dicatory review. Such reports shall be deliv- mines by the recorded vote of not less than dence and, in such case, the Committee shall ered to the Committee in the form and ac- four members of the Committee that it dismiss the matter. The Committee, or cording to the schedule prescribed by the should remain confidential. Chairman and Vice Chairman acting jointly Committee, and shall be confidential. (h) RIGHT OF APPEAL: on behalf of the Committee, may dismiss any (f) FINAL REPORT OF ADJUDICATORY (1) Any individual who is the subject of a matter which, after a preliminary inquiry, is REVIEW TO COMMITTEE: Upon completion reprimand or order of restitution, or both, determined to lack substantial merit. The of an adjudicatory review, including any pursuant to subsection (g)(2)(iii), may, with- Committee shall inform the complainant of hearings held pursuant to Rule 5, the outside in 30 days of the Committee’s report to the the dismissal. counsel or the staff shall submit a confiden- (2) The Committee may determine that tial written report to the Committee, which Senate of its action imposing a reprimand or there is such substantial credible evidence, shall detail the factual findings of the adju- order of restitution, or both, appeal to the but that the alleged violation is inadvertent, dicatory review and which may recommend Senate by providing written notice of the ap- technical, or otherwise of a de minimis na- disciplinary action, if appropriate. Findings peal to the Committee and the presiding offi- ture. In such case, the Committee may dis- of fact of the adjudicatory review shall be de- cer of the Senate. The presiding officer shall pose of the matter by issuing a public or pri- tailed in this report whether or not discipli- cause the notice of the appeal to be printed vate letter of admonition, which shall not be nary action is recommended. in the Congressional Record and the Senate considered discipline and which shall not be (g) COMMITTEE ACTION: Journal. subject to appeal to the Senate. The issuance (1) As soon as practicable following sub- (2) S. Res. 338 provides that a motion to of a letter of admonition must be approved mission of the report of the staff or outside proceed to consideration of an appeal pursu- by the affirmative recorded vote of no fewer counsel on the adjudicatory review, the Com- ant to paragraph (1) shall be highly privi- than four members of the Committee voting. mittee shall prepare and submit a report to leged and not debatable. If the motion to (3) The Committee may determine that the Senate, including a recommendation or proceed to consideration of the appeal is there is such substantial credible evidence proposed resolution to the Senate concerning agreed to, the appeal shall be decided on the and that the matter cannot be appropriately disciplinary action, if appropriate. A report basis of the Committee’s report to the Sen- disposed of under paragraph (2). In such case, shall be issued, stating in detail the Commit- ate. Debate on the appeal shall be limited to the Committee shall promptly initiate an tee’s findings of fact, whether or not discipli- 10 hours, which shall be divided equally be- adjudicatory review in accordance with Rule nary action is recommended. The report tween, and controlled by, those favoring and 4. No adjudicatory review of conduct of a shall also explain fully the reasons under- those opposing the appeal. Member, officer, or employee of the Senate lying the Committee’s recommendation con- RULE 5: PROCEDURES FOR HEARINGS may be initiated except by the affirmative cerning disciplinary action, if any. No adju- (a) RIGHT TO HEARING: The Committee recorded vote of not less than four members dicatory review of conduct of a Member, offi- may hold a public or executive hearing in cer or employee of the Senate may be con- of the Committee. any preliminary inquiry, adjudicatory re- ducted, or report or resolution or rec- RULE 4: PROCEDURES FOR CONDUCTING AN view, or other proceeding. The Committee ommendation relating to such an adjudica- ADJUDICATORY REVIEW shall accord a respondent an opportunity for tory review of conduct may be made, except a hearing before it recommends disciplinary (a) DEFINITION OF ADJUDICATORY RE- by the affirmative recorded vote of not less action against that respondent to the Senate VIEW: An ‘‘adjudicatory review’’ is a pro- than four members of the Committee. ceeding undertaken by the Committee after (2) Pursuant to S. Res. 338, as amended, or before it imposes an order of restitution a finding, on the basis of a preliminary in- section 2(a), subsections (2), (3), and (4), after or reprimand. (See Rule 4(d).) quiry, that there is substantial cause for the receipt of the report prescribed by paragraph (b) NON-PUBLIC HEARINGS: The Com- Committee to conclude that a violation (f) of this rule, the Committee may make mittee may at any time during a hearing de- within the jurisdiction of the Committee has any of the following recommendations for termine in accordance with paragraph 5(b) of occurred. disciplinary action or issue an order for rep- Rule XXVI of the Standing Rules of the Sen- (b) SCOPE OF ADJUDICATORY REVIEW: rimand or restitution, as follows: ate whether to receive the testimony of spe- When the Committee decides to conduct an (i) In the case of a Member, a recommenda- cific witnesses in executive session. If a wit- adjudicatory review, it shall be of such dura- tion to the Senate for expulsion, censure, ness desires to express a preference for testi- tion and scope as is necessary for the Com- payment of restitution, recommendation to fying in public or in executive session, he or mittee to determine whether a violation a Member’s party conference regarding the she shall so notify the Committee at least within its jurisdiction has occurred. An adju- Member’s seniority or positions of responsi- five days before he or she is scheduled to tes- dicatory review shall be conducted by out- bility, or a combination of these; tify. side counsel as authorized by section 3(b)(1) (ii) In the case of an officer or employee, a (c) ADJUDICATORY HEARINGS: The of Senate Resolution 338 unless the Com- recommendation to the Senate of dismissal, Committee may, by the recorded vote of not mittee determines not to use outside coun- suspension, payment of restitution, or a less than four members of the Committee, sel. In the course of the adjudicatory review, combination of these; designate any public or executive hearing as designated outside counsel, or if the Com- (iii) In the case where the Committee de- an adjudicatory hearing; and any hearing mittee determines not to use outside coun- termines, after according to the Member, of- which is concerned with possible disciplinary sel, the Committee or its staff, may conduct ficer, or employee due notice and oppor- action against a respondent or respondents any inquiries or interviews, take sworn tunity for a hearing, that misconduct oc- designated by the Committee shall be an ad- statements, use compulsory process as de- curred warranting discipline less serious judicatory hearing. In any adjudicatory scribed in Rule 6, or take any other actions than discipline by the full Senate, and sub- hearing, the procedures described in para- that the Committee deems appropriate to se- ject to the provisions of paragraph (h) of this graph (j) shall apply. cure the evidence necessary to make a deter- rule relating to appeal, by a unanimous vote (d) SUBPOENA POWER: The Committee mination. of six members order that a Member, officer may require, by subpoena or otherwise, the (c) NOTICE TO RESPONDENT: The Com- or employee be reprimanded or pay restitu- attendance and testimony of such witnesses mittee shall give written notice to any tion or both; and the production of such correspondence,

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(See Rule 6.) introduced as exhibits at the hearing; and less reversed or modified by a recorded vote (e) NOTICE OF HEARINGS: The Com- (iii) a brief statement as to the nature of of not less than four members of the Com- mittee shall make public an announcement the testimony expected to be given by each mittee before the recess of that day’s hear- of the date, place, and subject matter of any witness to be called at the hearing. ings. hearing to be conducted by it, in accordance (B) At least two working days prior to the (C) Notwithstanding paragraphs (A) and with Rule 1(f). commencement of an adjudicatory hearing, (B), in any matter before the Committee in- (f) PRESIDING OFFICER: The Chairman the respondent, if any, shall provide the in- volving allegations of sexual discrimination, shall preside over the hearings, or in his ab- formation and documents described in divi- including sexual harassment, or sexual mis- sence the Vice Chairman. If the Vice Chair- sions (i), (ii) and (iii) of subparagraph (A) to conduct, b a Member, officer, or employee man is also absent, a Committee member the Committee. within the jurisdiction of the Committee, designated by the Chairman shall preside. If (C) At the discretion of the Committee, the the Committee shall be guided by the stand- an oath or affirmation is required, it shall be information and documents to be exchanged ards and procedures of Rule 412 of the Fed- administered to a witness by the Presiding under this paragraph shall be subject to an eral Rules of Evidence, except that the Com- Officer, or in his absence, by any Committee appropriate agreement limiting access and mittee may admit evidence subject to the member. disclosure. provisions of this paragraph only upon a de- (g) WITNESSES: (D) If a respondent refuses to provide the termination of not less than four members of (1) A subpoena or other request to testify information and documents to the Com- the full Committee that the interests of jus- shall be served on a witness sufficiently in mittee (see (A) and (B) of this subparagraph), tice require that such evidence be admitted. advance of his or her scheduled appearance or if a respondent or other individual vio- (7) SUPPLEMENTARY HEARING PROCE- to allow the witness a reasonable period of lates an agreement limiting access and dis- DURES: The Committee may adopt any ad- time, as determined by the Committee, to closure, the Committee, by majority vote, ditional special hearing procedures that it prepare for the hearing and to employ coun- may recommend to the Senate that the of- deems necessary or appropriate to a par- sel if desired. fender be cited for contempt of Congress. ticular adjudicatory hearing. Copies of such (2) The Committee may, by recorded vote (3) SWEARING OF WITNESSES: All wit- supplementary procedures shall be furnished of not less than four members of the Com- nesses who testify at adjudicatory hearings to witnesses and respondents, and shall be mittee, rule that no member of the Com- shall be sworn unless the Presiding Officer, made available upon request to any member mittee or staff or outside counsel shall make for good cause, decides that a witness does of the public. public the name of any witness subpoenaed not have to be sworn. (k) TRANSCRIPTS: by the Committee before the date of that (4) RIGHT TO COUNSEL: Any witness at (1) An accurate stenographic or recorded witness’s scheduled appearance, except as an adjudicatory hearing may be accom- transcript shall be made of all public and ex- specifically authorized by the Chairman and panied by counsel of his or her own choosing, ecutive hearings. Any member of the Com- Vice Chairman, acting jointly. who shall be permitted to advise the witness mittee, Committee staff member, outside (3) Any witness desiring to read a prepared of his or her legal rights during the testi- counsel retained by the Committee, or wit- or written statement in executive or public mony. ness may examine a copy of the transcript hearings shall file a copy of such statement (5) RIGHT TO CROSS-EXAMINE AND retained by the Committee of his or her own with the Committee at least two working CALL WITNESSES: remarks and may suggest to the official re- days in advance of the hearing at which the (A) In adjudicatory hearings, any respond- porter any typographical or transcription er- statement is to be presented. The Chairman ent and any other person who obtains the rors. If the reporter declines to make the re- and Vice Chairman shall determine whether permission of the Committee, may person- quested corrections, the member, staff mem- such statements may be read or placed in the ally or through counsel cross-examine wit- ber, outside counsel or witness may request record of the hearing. nesses called by the Committee and may call a ruling by the Chairman and Vice Chair- (4) Insofar as practicable, each witness witnesses in his or her own behalf. man, acting jointly. Any member or witness shall be permitted to present a brief oral (B) A respondent may apply to the Com- shall return the transcript with suggested opening statement, if he or she desires to do mittee for the issuance of subpoenas for the corrections to the Committee offices within so. appearance of witnesses or the production of five working days after receipt of the tran- (h) RIGHT TO TESTIFY: Any person whose documents on his or her behalf. An applica- script, or as soon thereafter as is practicable. name is mentioned or who is specifically tion shall be approved upon a concise show- If the testimony was given in executive ses- identified or otherwise referred to in testi- ing by the respondent that the proposed tes- sion, the member or witness may only in- mony or in statements made by a Committee timony or evidence is relevant and appro- spect the transcript at a location determined member, staff member or outside counsel, or priate, as determined by the Chairman and by the Chairman and Vice Chairman, acting any witness, and who reasonably believes Vice Chairman. jointly. Any questions arising with respect that the statement tends to adversely affect (C) With respect to witnesses called by a to the processing and correction of tran- his or her reputation may— respondent, or other individual given permis- scripts shall be decided by the Chairman and (1) Request to appear personally before the sion by the Committee, each such witness Vice Chairman, acting jointly. Committee to testify in his or her own be- shall first be examined by the party who (2) Except for the record of a hearing which half; or called the witness or by that party’s counsel. is closed to the public, each transcript shall (D) At least one working day before a (2) File a sworn statement of facts relevant be printed as soon as is practicable after re- witness’s scheduled appearance, a witness or to the testimony or other evidence or state- ceipt of the corrected version. The Chairman a witness’s counsel may submit to the Com- ment of which he or she complained. Such and Vice Chairman, acting jointly, may mittee written questions proposed to be request and such statement shall be sub- order the transcript of a hearing to be print- asked of that witness. If the Committee de- mitted to the Committee for its consider- ed without the corrections of a member or termines that it is necessary, such questions ation and action. witness if they determine that such member may be asked by any member of the Com- (i) CONDUCT OF WITNESSES AND or witness has been afforded a reasonable mittee, or by any Committee staff member if OTHER ATTENDEES: The Presiding Officer time to correct such transcript and such directed by a Committee member. The wit- may punish any breaches of order and deco- transcript has not been returned within such ness or witness’s counsel may also submit rum by censure and exclusion from the hear- time. ings. The Committee, by majority vote, may additional sworn testimony for the record (3) The Committee shall furnish each wit- recommend to the Senate that the offender within twenty-four hours after the last day ness, at no cost, one transcript copy of that be cited for contempt of Congress. that the witness has testified. The insertion witness’s testimony given at a public hear- (j) ADJUDICATORY HEARING PROCE- of such testimony in that day’s record is sub- ing. If the testimony was given in executive DURES: ject to the approval of the Chairman and session, then a transcript copy shall be pro- (1) NOTICE OF HEARINGS: A copy of the Vice Chairman acting jointly within five vided upon request, subject to appropriate public announcement of an adjudicatory days after the testimony is received. conditions and restrictions prescribed by the hearing, required by paragraph (e), shall be (6) ADMISSIBILITY OF EVIDENCE: Chairman and Vice Chairman. If any indi- furnished together with a copy of these (A) The object of the hearing shall be to as- vidual violates such conditions and restric- Rules to all witnesses at the time that they certain the truth. Any evidence that may be tions, the Committee may recommend by are subpoenaed or otherwise summoned to relevant and probative shall be admissible majority vote that he or she be cited for con- testify. unless privileged under the Federal Rules of tempt of Congress. (2) PREPARATION FOR ADJUDICATORY Evidence. Rules of evidence shall not be ap- HEARINGS: plied strictly, but the Presiding Officer shall RULE 6: SUBPOENAS AND DEPOSITIONS (A) At least five working days prior to the exclude irrelevant or unduly repetitious tes- (a) SUBPOENAS: commencement of an adjudicatory hearing, timony. Objections going only to the weight (1) AUTHORIZATION FOR ISSUANCE: the Committee shall provide the following that should be given evidence will not justify Subpoenas for the attendance and testimony information and documents to the respond- its exclusion. of witnesses at depositions or hearings, and ent, if any: (B) The Presiding Officer shall rule upon subpoenas for the production of documents (i) a list of proposed witnesses to be called any question of the admissibility of testi- and tangible things at depositions, hearings, at the hearing; mony or other evidence presented to the or other times and places designated therein,

VerDate Sep 11 2014 03:52 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.047 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1481 may be authorized for issuance by either (A) tion, the Chairman, Vice Chairman, or the initiated of any alleged violation of any law, a majority vote of the Committee, or (B) the Committee as the case may be, may direct the Senate Code of Official Conduct, rule, or Chairman and Vice Chairman, acting jointly, the witness to answer the question or regulation which was not in effect at the at any time during a preliminary inquiry, produce the document. The Committee shall time the alleged violation occurred. No pro- adjudicatory review, or other proceeding. not initiate procedures leading to civil or visions of the Senate Code of Official Con- (2) SIGNATURE AND SERVICE: All sub- criminal enforcement unless the witness re- duct shall apply to or require disclosure of poenas shall be signed by the Chairman or fuses to testify or produce documents after any act, relationship, or transaction which the Vice Chairman and may be served by any having been directed to do so. occurred prior to the effective date of the ap- person eighteen years of age or older, who is (5) FILING OF DEPOSITIONS: Deposition plicable provision of the Code. designated by the Chairman or Vice Chair- testimony shall be transcribed or electroni- (2) The Committee may initiate an adju- man. Each subpoena shall be served with a cally recorded. If the deposition is tran- dicatory review of any alleged violation of a copy of the Rules of the Committee and a scribed, the individual administering the rule or law which was in effect prior to the brief statement of the purpose of the Com- oath shall certify on the transcript that the enactment of the Senate Code of Official mittee’s proceeding. witness was duly sworn in his or her presence Conduct if the alleged violation occurred (3) WITHDRAWAL OF SUBPOENA: The and the transcriber shall certify that the while such rule or law was in effect and the Committee, by recorded vote of not less than transcript is a true record of the testimony. violation was not a matter resolved on the four members of the Committee, may with- The transcript with these certifications shall merits by the predecessor Committee. draw any subpoena authorized for issuance be filed with the chief clerk of the Com- RULE 8: PROCEDURES FOR HANDLING COMMITTEE by it or authorized for issuance by the Chair- mittee, and the witness shall be furnished SENSITIVE AND CLASSIFIED MATERIALS man and Vice Chairman, acting jointly. The with access to a copy at the Committee’s of- (a) PROCEDURES FOR HANDLING COM- Chairman and Vice Chairman, acting jointly, fices for review. Upon inspecting the tran- MITTEE SENSITIVE MATERIALS: may withdraw any subpoena authorized for script, within a time limit set by the Chair- (1) Committee Sensitive information or issuance by them. man and Vice Chairman, acting jointly, a material is information or material in the (b) DEPOSITIONS: witness may request in writing changes in possession of the Select Committee on Eth- (1) PERSONS AUTHORIZED TO TAKE the transcript to correct errors in tran- ics which pertains to illegal or improper con- DEPOSITIONS: Depositions may be taken by scription. The witness may also bring to the duct by a present or former Member, officer, any member of the Committee designated by attention of the Committee errors of fact in or employee of the Senate; to allegations or the Chairman and Vice Chairman, acting the witness’s testimony by submitting a accusations of such conduct; to any resulting jointly, or by any other person designated by sworn statement about those facts with a re- preliminary inquiry, adjudicatory review or the Chairman and Vice Chairman, acting quest that it be attached to the transcript. other proceeding by the Select Committee jointly, including outside counsel, Com- The Chairman and Vice Chairman, acting on Ethics into such allegations or conduct; mittee staff, other employees of the Senate, jointly, may rule on the witness’s request, to the investigative techniques and proce- or government employees detailed to the and the changes or attachments allowed dures of the Select Committee on Ethics; or Committee. shall be certified by the Committee’s chief to other information or material designated (2) DEPOSITION NOTICES: Notices for the clerk. If the witness fails to make any re- by the staff director, or outside counsel des- taking of depositions shall be authorized by quest under this paragraph within the time ignated by the Chairman and Vice Chairman. the Committee, or the Chairman and Vice limit set, this fact shall be noted by the (2) The Chairman and Vice Chairman of the Chairman, acting jointly, and issued by the Committee’s chief clerk. Any person author- Committee shall establish such procedures Chairman, Vice Chairman, or a Committee ized by the Committee may stipulate with as may be necessary to prevent the unau- staff member or outside counsel designated the witness to changes in this procedure. thorized disclosure of Committee Sensitive by the Chairman and Vice Chairman, acting information in the possession of the Com- jointly. Depositions may be taken at any RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- LATIVE RECOMMENDATIONS; EDUCATIONAL mittee or its staff. Procedures for protecting time during a preliminary inquiry, adjudica- Committee Sensitive materials shall be in tory review or other proceeding. Deposition MANDATE; AND APPLICABLE RULES AND STANDARDS OF CONDUCT writing and shall be given to each Com- notices shall specify a time and place for ex- mittee staff member. amination. Unless otherwise specified, the (a) VIOLATIONS OF LAW: Whenever the (b) PROCEDURES FOR HANDLING CLAS- deposition shall be in private, and the testi- Committee determines by the recorded vote SIFIED MATERIALS: mony taken and documents produced shall of not less than four members of the full (1) Classified information or material is in- be deemed for the purpose of these rules to Committee that there is reason to believe formation or material which is specifically have been received in a closed or executive that a violation of law, including the provi- designated as classified under the authority session of the Committee. The Committee sion of false information to the Committee, of Executive Order 11652 requiring protection shall not initiate procedures leading to may have occurred, it shall report such pos- of such information or material from unau- criminal or civil enforcement proceedings for sible violation to the proper Federal and thorized disclosure in order to prevent dam- a witness’s failure to appear, or to testify, or state authorities. age to the United States. to produce documents, unless the deposition (b) PERJURY: Any person who knowingly (2) The Chairman and Vice Chairman of the notice was accompanied by a subpoena au- and willfully swears falsely to a sworn com- Committee shall establish such procedures thorized for issuance by the Committee, or plaint or any other sworn statement to the as may be necessary to prevent the unau- the Chairman and Vice Chairman, acting Committee does so under penalty of perjury. thorized disclosure of classified information jointly. The Committee may refer any such case to in the possession of the Committee or its (3) COUNSEL AT DEPOSITIONS: Wit- the Attorney General for prosecution. staff. Procedures for handling such informa- nesses may be accompanied at a deposition (c) LEGISLATIVE RECOMMENDATIONS: tion shall be in writing and a copy of the by counsel to advise them of their rights. The Committee shall recommend to the Sen- procedures shall be given to each staff mem- (4) DEPOSITION PROCEDURE: Witnesses ate by report or resolution such additional ber cleared for access to classified informa- at depositions shall be examined upon oath rules, regulations, or other legislative meas- tion. administered by an individual authorized by ures as it determines to be necessary or de- (3) Each member of the Committee shall law to administer oaths, or administered by sirable to ensure proper standards of conduct have access to classified material in the any member of the Committee if one is by Members, officers, or employees of the Committee’s possession. Only Committee present. Questions may be propounded by Senate. The Committee may conduct such staff members with appropriate security any person or persons who are authorized to inquiries as it deems necessary to prepare clearances and a need-to-know, as approved take depositions for the Committee. If a wit- such a report or resolution, including the by the Chairman and Vice Chairman, acting ness objects to a question and refuses to tes- holding of hearings in public or executive jointly, shall have access to classified infor- tify, or refuses to produce a document, any session and the use of subpoenas to compel mation in the Committee’s possession. member of the Committee who is present the attendance of witnesses or the produc- (c) PROCEDURES FOR HANDLING COM- may rule on the objection and, if the objec- tion of materials. The Committee may make MITTEE SENSITIVE AND CLASSIFIED tion is overruled, direct the witness to an- legislative recommendations as a result of DOCUMENTS: swer the question or produce the document. its findings in a preliminary inquiry, adju- (1) Committee Sensitive documents and If no member of the Committee is present, dicatory review, or other proceeding. materials shall be stored in the Committee’s the individual who has been designated by (d) Educational Mandate: The Committee offices, with appropriate safeguards for the Chairman and Vice Chairman, acting shall develop and implement programs and maintaining the security of such documents jointly, to take the deposition may proceed materials designed to educate Members, offi- or materials. Classified documents and mate- with the deposition, or may, at that time or cers, and employees about the laws, rules, rials shall be further segregated in the Com- at a subsequent time, seek a ruling by tele- regulations, and standards of conduct appli- mittee’s offices in secure filing safes. Re- phone or otherwise on the objection from the cable to such individuals in the performance moval from the Committee offices of such Chairman or Vice Chairman of the Com- of their duties. documents or materials is prohibited except mittee, who may refer the matter to the (e) APPLICABLE RULES AND STAND- as necessary for use in, or preparation for, Committee or rule on the objection. If the ARDS OF CONDUCT: interviews or Committee meetings, including Chairman or Vice Chairman, or the Com- (1) Notwithstanding any other provision of the taking of testimony, or as otherwise spe- mittee upon referral, overrules the objec- this section, no adjudicatory review shall be cifically approved by the staff director or by

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The staffs of members shall Ethics staff or any person engaged by con- the conduct or proposed conduct of the per- not have access to Committee Sensitive or tract or otherwise to perform services for the son seeking the advisory opinion. classified documents and materials without Select Committee on Ethics, shall be grant- (b) FORM OF REQUEST: A request for an the specific approval in each instance of the ed access to classified or Committee Sen- advisory opinion shall be directed in writing Chairman, and Vice Chairman, acting joint- sitive information or material in the posses- to the Chairman of the Committee and shall ly. Members may examine such materials in sion of the Select Committee on Ethics un- include a complete and accurate statement the Committee’s offices. If necessary, re- less and until such person agrees in writing, of the specific factual situation with respect quested materials may be hand delivered by as a condition of employment, to the non- to which the request is made as well as the a member of the Committee staff to the disclosure policy. The agreement shall be- specific question or questions which the re- member of the Committee, or to a staff per- come effective when signed by the Chairman questor wishes the Committee to address. son(s) specifically designated by the mem- and Vice Chairman on behalf of the Com- (c) OPPORTUNITY FOR COMMENT: ber, for the Member’s or designated staffer’s mittee. (1) The Committee will provide an oppor- examination. A member of the Committee RULE 9: BROADCASTING AND NEWS COVERAGE OF tunity for any interested party to comment who has possession of Committee Sensitive COMMITTEE PROCEEDINGS on a request for an advisory opinion— documents or materials shall take appro- (a) Whenever any hearing or meeting of the (A) which requires an interpretation on a priate safeguards for maintaining the secu- Committee is open to the public, the Com- significant question of first impression that rity of such documents or materials in the mittee shall permit that hearing or meeting will affect more than a few individuals; or possession of the Member or his or her des- to be covered in whole or in part, by tele- (B) when the Committee determines that ignated staffer. comments from interested parties would be (3) Committee Sensitive documents that vision broadcast, radio broadcast, still pho- tography, or by any other methods of cov- of assistance. are provided to a Member of the Senate in (2) Notice of any such request for an advi- connection with a complaint that has been erage, unless the Committee decides by re- corded vote of not less than four members of sory opinion shall be published in the Con- filed against the Member shall be hand deliv- gressional Record, with appropriate dele- ered to the Member or to the Member’s Chief the Committee that such coverage is not ap- propriate at a particular hearing or meeting. tions to insure confidentiality, and inter- of Staff or Administrative Assistant. Com- ested parties will be asked to submit their mittee Sensitive documents that are pro- (b) Any witness served with a subpoena by the Committee may request not to be photo- comments in writing to the Committee with- vided to a Member of the Senate who is the in ten days. subject of a preliminary inquiry, adjudica- graphed at any hearing or to give evidence or testimony while the broadcasting, reproduc- (3) All relevant comments received on a tory review, or other proceeding, shall be timely basis will be considered. hand delivered to the Member or to his or tion, or coverage of that hearing, by radio, television, still photography, or other meth- (d) ISSUANCE OF AN ADVISORY OPIN- her specifically designated representative. ION: (4) Any Member of the Senate who is not a ods is occurring. At the request of any such witness who does not wish to be subjected to (1) The Committee staff shall prepare a member of the Committee and who seeks ac- proposed advisory opinion in draft form cess to any Committee Sensitive or classi- radio, television, still photography, or other methods of coverage, and subject to the ap- which will first be reviewed and approved by fied documents or materials, other than doc- the Chairman and Vice Chairman, acting uments or materials which are matters of proval of the Committee, all lenses shall be covered and all microphones used for cov- jointly, and will be presented to the Com- public record, shall request access in writing. mittee for final action. If (A) the Chairman The Committee shall decide by majority erage turned off. (c) If coverage is permitted, it shall be in and Vice Chairman cannot agree, or (B) ei- vote whether to make documents or mate- ther the Chairman or Vice Chairman re- rials available. If access is granted, the accordance with the following requirements: (1) Photographers and reporters using me- quests that it be taken directly to the Com- Member shall not disclose the information mittee, then the proposed advisory opinion except as authorized by the Committee. chanical recording, filming, or broadcasting apparatus shall position their equipment so shall be referred to the Committee for its de- (5) Whenever the Committee makes Com- cision. mittee Sensitive or classified documents or as not to interfere with the seating, vision, and hearing of the Committee members and (2) An advisory opinion shall be issued only materials available to any Member of the by the affirmative recorded vote of a major- Senate who is not a member of the Com- staff, or with the orderly process of the meeting or hearing. ity of the members voting. mittee, or to a staff person of a Committee (3) Each advisory opinion issued by the member in response to a specific request to (2) If the television or radio coverage of the hearing or meeting is to be presented to the Committee shall be promptly transmitted the Chairman and Vice Chairman, a written for publication in the Congressional Record record shall be made identifying the Member public as live coverage, the coverage shall be conducted and presented without commer- after appropriate deletions are made to in- of the Senate requesting such documents or sure confidentiality. The Committee may at materials and describing what was made cial sponsorship. (3) Personnel providing coverage by the any time revise, withdraw, or elaborate on available and to whom. any advisory opinion. (d) NON-DISCLOSURE POLICY AND television and radio media shall be currently (e) RELIANCE ON ADVISORY OPINIONS: AGREEMENT: accredited to the Radio and Television Cor- (1) Except as provided in the last sentence respondents’ Galleries. (1) Any advisory opinion issued by the of this paragraph, no member of the Select (4) Personnel providing coverage by still Committee under Senate Resolution 338, 88th Committee on Ethics, its staff or any person photography shall be currently accredited to Congress, as amended, and the rules may be engaged by contract or otherwise to perform the Press Photographers’ Gallery Committee relied upon by— (A) Any person involved in the specific services for the Select Committee on Ethics of Press Photographers. transaction or activity with respect to which shall release, divulge, publish, reveal by (5) Personnel providing coverage by the such advisory opinion is rendered if the re- writing, word, conduct, or disclose in any television and radio media and by still pho- quest for such advisory opinion included a way, in whole, or in part, or by way of sum- tography shall conduct themselves and the complete and accurate statement of the spe- mary, during tenure with the Select Com- coverage activities in an orderly and unob- cific factual situation; and mittee on Ethics or anytime thereafter, any trusive manner. (B) any person involved in any specific testimony given before the Select Com- RULE 10: PROCEDURES FOR ADVISORY OPINIONS transaction or activity which is indistin- mittee on Ethics in executive session (in- (a) WHEN ADVISORY OPINIONS ARE guishable in all its material aspects from the cluding the name of any witness who ap- RENDERED: transaction or activity with respect to which peared or was called to appear in executive (1) The Committee shall render an advisory such advisory opinion is rendered. session), any classified or Committee Sen- opinion, in writing within a reasonable time, (2) Any person who relies upon any provi- sitive information, document or material, in response to a written request by a Member sion or finding of an advisory opinion in ac- received or generated by the Select Com- or officer of the Senate or a candidate for cordance with the provisions of Senate Reso- mittee on Ethics or any classified or Com- nomination for election, or election to the lution 338, 88th Congress, as amended, and of mittee Sensitive information which may Senate, concerning the application of any the rules, and who acts in good faith in ac- come into the possession of such person dur- law, the Senate Code of Official Conduct, or cordance with the provisions and findings of ing tenure with the Select Committee on any rule or regulation of the Senate within such advisory opinion shall not, as a result Ethics or its staff. Such information, docu- the Committee’s jurisdiction, to a specific of any such act, be subject to any sanction ments, or material may be released to an of- factual situation pertinent to the conduct or by the Senate. ficial of the executive branch properly proposed conduct of the person seeking the cleared for access with a need-to-know, for advisory opinion. RULE 11: PROCEDURES FOR INTERPRETATIVE any purpose or in connection with any pro- (2) The Committee may issue an advisory RULINGS ceeding, judicial or otherwise, as authorized opinion in writing within a reasonable time (a) BASIS FOR INTERPRETATIVE RUL- by the Select Committee on Ethics, or in the in response to a written request by any em- INGS: Senate Resolution 338, 88th Congress, event of termination of the Select Com- ployee of the Senate concerning the applica- as amended, authorizes the Committee to

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issue interpretative rulings explaining and (1) Section 101(h) of the Ethics in Govern- RULE 15: COMMITTEE STAFF clarifying the application of any law, the ment Act of 1978, as amended (Rule XXXIV), (a) COMMITTEE POLICY: Code of Official Conduct, or any rule or regu- relating to the filing of financial disclosure (1) The staff is to be assembled and re- lation of the Senate within its jurisdiction. reports by individuals who are expected to tained as a permanent, professional, non- The Committee also may issue such rulings perform or who have performed the duties of partisan staff. clarifying or explaining any rule or regula- their offices or positions for less than one (2) Each member of the staff shall be pro- tion of the Select Committee on Ethics. hundred and thirty days in a calendar year; fessional and demonstrably qualified for the (b) REQUEST FOR RULING: A request for (2) Section 102(a)(2)(D) of the Ethics in position for which he or she is hired. such a ruling must be directed in writing to Government Act, as amended (Rule XXXIV), (3) The staff as a whole and each member the Chairman or Vice Chairman of the Com- relating to the reporting of gifts; of the staff shall perform all official duties mittee. (3) Paragraph 1 of Rule XXXV relating to in a nonpartisan manner. (c) ADOPTION OF RULING: acceptance of gifts; or (4) No member of the staff shall engage in (1) The Chairman and Vice Chairman, act- (4) Paragraph 5 of Rule XLI relating to ap- any partisan political activity directly af- ing jointly, shall issue a written interpreta- plicability of any of the provisions of the fecting any congressional or presidential tive ruling in response to any such request, Code of Official Conduct to an employee of election. unless— the Senate hired on a per diem basis. (5) No member of the staff or outside coun- (A) they cannot agree, (b) REQUESTS FOR WAIVERS: A request sel may accept public speaking engagements (B) it requires an interpretation of a sig- for a waiver under paragraph (a) must be di- or write for publication on any subject that nificant question of first impression, or rected to the Chairman or Vice Chairman in is in any way related to his or her employ- (C) either requests that it be taken to the writing and must specify the nature of the ment or duties with the Committee without Committee, in which event the request shall waiver being sought and explain in detail the specific advance permission from the Chair- be directed to the Committee for a ruling. facts alleged to justify a waiver. In the case man and Vice Chairman. (2) A ruling on any request taken to the of a request submitted by an employee, the (6) No member of the staff may make pub- Committee under subparagraph (1) shall be views of his or her supervisor (as determined lic, without Committee approval, any Com- adopted by a majority of the members voting under paragraph 12 of Rule XXXVII of the mittee Sensitive or classified information, and the ruling shall then be issued by the Standing Rules of the Senate) should be in- documents, or other material obtained dur- Chairman and Vice Chairman. cluded with the waiver request. ing the course of his or her employment with (d) PUBLICATION OF RULINGS: The (c) RULING: The Committee shall rule on the Committee. Committee will publish in the Congressional a waiver request by recorded vote with a ma- (b) APPOINTMENT OF STAFF: Record, after making appropriate deletions jority of those voting affirming the decision. (1) The appointment of all staff members to ensure confidentiality, any interpretative With respect to an individual’s request for a shall be approved by the Chairman and Vice rulings issued under this Rule which the waiver in connection with the acceptance or Chairman, acting jointly. Committee determines may be of assistance reporting the value of gifts on the occasion (2) The Committee may determine by ma- or guidance to other Members, officers or of the individual’s marriage, the Chairman jority vote that it is necessary to retain staff employees. The Committee may at any time and the Vice Chairman, acting jointly, may members, including a staff recommended by revise, withdraw, or elaborate on interpreta- rule on the waiver. a special counsel, for the purpose of a par- tive rulings. (d) AVAILABILITY OF WAIVER DETER- ticular preliminary inquiry, adjudicatory re- (e) RELIANCE ON RULINGS: Whenever an MINATIONS: A brief description of any view, or other proceeding. Such staff shall be individual can demonstrate to the Commit- waiver granted by the Committee, with ap- retained only for the duration of that par- tee’s satisfaction that his or her conduct was propriate deletions to ensure confidentiality, ticular undertaking. in good faith reliance on an interpretative shall be made available for review upon re- (3) The Committee is authorized to retain ruling issued in accordance with this Rule, quest in the Committee office. Waivers and compensate counsel not employed by the the Committee will not recommend sanc- granted by the Committee pursuant to the Senate (or by any department or agency of tions to the Senate as a result of such con- Ethics in Government Act of 1978, as amend- the Executive Branch of the Government) duct. ed, may only be granted pursuant to a pub- whenever the Committee determines that (f) RULINGS BY COMMITTEE STAFF: licly available request as required by the the retention of outside counsel is necessary The Committee staff is not authorized to Act. or appropriate for any action regarding any make rulings or give advice, orally or in RULE 14: DEFINITION OF ‘‘OFFICER OR complaint or allegation, preliminary in- writing, which binds the Committee in any EMPLOYEE’’ quiry, adjudicatory review, or other pro- way. ceeding, which in the determination of the (a) As used in the applicable resolutions RULE 12: PROCEDURES FOR COMPLAINTS INVOLV- Committee, is more appropriately conducted and in these rules and procedures, the term ING IMPROPER USE OF THE MAILING FRANK by counsel not employed by the Government ‘‘officer or employee of the Senate’’ means: of the United States as a regular employee. (a) AUTHORITY TO RECEIVE COM- (1) An elected officer of the Senate who is The Committee shall retain and compensate PLAINTS: The Committee is directed by sec- not a Member of the Senate; outside counsel to conduct any adjudicatory tion 6(b) of Public Law 93–191 to receive and (2) An employee of the Senate, any com- review undertaken after a preliminary in- dispose of complaints that a violation of the mittee or subcommittee of the Senate, or quiry, unless the Committee determines that use of the mailing frank has occurred or is any Member of the Senate; the use of outside counsel is not appropriate about to occur by a Member or officer of the (3) The Legislative Counsel of the Senate in the particular case. Senate or by a surviving spouse of a Member. or any employee of his office; (c) DISMISSAL OF STAFF: A staff mem- All such complaints will be processed in ac- (4) An Official Reporter of Debates of the ber may not be removed for partisan, polit- cordance with the provisions of these Rules, Senate and any person employed by the Offi- ical reasons, or merely as a consequence of except as provided in paragraph (b). cial Reporters of Debates of the Senate in the rotation of the Committee membership. (b) DISPOSITION OF COMPLAINTS: connection with the performance of their of- The Chairman and Vice Chairman, acting (1) The Committee may dispose of any such ficial duties; jointly, shall approve the dismissal of any complaint by requiring restitution of the (5) A member of the Capitol Police force staff member. cost of the mailing, pursuant to the franking whose compensation is disbursed by the Sec- (d) STAFF WORKS FOR COMMITTEE AS statute, if it finds that the franking viola- retary of the Senate; WHOLE: All staff employed by the Com- tion was the result of a mistake. (6) An employee of the Vice President, if mittee or housed in Committee offices shall (2) Any complaint disposed of by restitu- such employee’s compensation is disbursed work for the Committee as a whole, under tion that is made after the Committee has by the Secretary of the Senate; the general direction of the Chairman and formally commenced an adjudicatory review, (7) An employee of a joint committee of Vice Chairman, and the immediate direction must be summarized, together with the dis- the Congress whose compensation is dis- of the staff director or outside counsel. position, in a report to the Senate, as appro- bursed by the Secretary of the Senate; (e) NOTICE OF SUMMONS TO TESTIFY: priate. (8) An officer or employee of any depart- Each member of the Committee staff or out- (3) If a complaint is disposed of by restitu- ment or agency of the Federal Government side counsel shall immediately notify the tion, the complainant, if any, shall be noti- whose services are being utilized on a full- Committee in the event that he or she is fied of the disposition in writing. time and continuing basis by a Member, offi- (c) ADVISORY OPINIONS AND INTER- called upon by a properly constituted au- cer, employee, or committee of the Senate in PRETATIVE RULINGS: Requests for advi- thority to testify or provide confidential in- accordance with Rule XLI(3) of the Standing sory opinions or interpretative rulings in- formation obtained as a result of and during Rules of the Senate; and his or her employment with the Committee. volving franking questions shall be processed (9) Any other individual whose full-time in accordance with Rules 10 and 11. services are utilized for more than ninety RULE 16: CHANGES IN SUPPLEMENTARY RULE 13: PROCEDURES FOR WAIVERS days in a calendar year by a Member, officer, PROCEDURAL RULES (a) AUTHORITY FOR WAIVERS: The Com- employee, or committee of the Senate in the (a) ADOPTION OF CHANGES IN SUPPLE- mittee is authorized to grant a waiver under conduct of official duties in accordance with MENTARY RULES: The Rules of the Com- the following provisions of the Standing Rule XLI(4) of the Standing Rules of the mittee, other than rules established by stat- Rules of the Senate: Senate. ute, or by the Standing Rules and Standing

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.050 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1484 CONGRESSIONAL RECORD — SENATE February 26, 2019 Orders of the Senate, may be modified, occurred prior to the effective date of the ap- (6) may divulge matters required to be amended, or suspended at any time, pursuant plicable provision of the Code. The Select kept confidential under other provisions of to a recorded vote of not less than four mem- Committee may initiate an adjudicatory re- law or Government regulations. bers of the full Committee taken at a meet- view of any alleged violation of a rule or law (c) Whenever any hearing conducted by ing called with due notice when prior written which was in effect prior to the enactment of any such committee or subcommittee is notice of the proposed change has been pro- the Senate Code of Official Conduct if the al- open to the public, that hearing may be vided each member of the Committee. leged violation occurred while such rule or broadcast by radio or television, or both, (b) PUBLICATION: Any amendments law was in effect and the violation was not a under such rules as the committee or sub- adopted to the Rules of this Committee shall matter resolved on the merits by the prede- committee may adopt. be published in the Congressional Record in cessor Select Committee. (d) Whenever disorder arises during a com- accordance with Rule XXVI(2) of the Stand- APPENDIX A—OPEN AND CLOSED mittee meeting that is open to the public, or ing Rules of the Senate. MEETINGS any demonstration of approval or dis- SELECT COMMITTEE ON ETHICS Paragraphs 5(b) to (d) of Rule XXVI of the approval is indulged in by any person in at- PART III—SUBJECT MATTER JURISDICTION Standing Rules of the Senate reads as fol- tendance at any such meeting, it shall be the Following are sources of the subject mat- lows: duty of the Chair to enforce order on his own ter jurisdiction of the Select Committee: (b) Each meeting of a standing, select, or initiative and without any point of order (a) The Senate Code of Official Conduct ap- special committee of the Senate, or any sub- being made by a Senator. When the Chair proved by the Senate in Title I of S. Res. 110, committee thereof, including meetings to finds it necessary to maintain order, he shall 95th Congress, April 1, 1977, as amended, and conduct hearings, shall be open to the public, have the power to clear the room, and the stated in Rules 34 through 43 of the Standing except that a meeting or series of meetings committee may act in closed session for so Rules of the Senate; by a committee or a subcommittee thereof long as there is doubt of the assurance of (b) Senate Resolution 338, 88th Congress, as on the same subject for a period of no more order. amended, which states, among others, the than fourteen calendar days may be closed to APPENDIX B—‘‘SUPERVISORS’’ DEFINED duties to receive complaints and investigate the public on a motion made and seconded to allegations of improper conduct which may go into closed session to discuss only wheth- Paragraph 12 of Rule XXXVII of the Stand- reflect on the Senate, violations of law, vio- er the matters enumerated in classes (1) ing Rules of the Senate reads as follows: lations of the Senate Code of Official Con- through (6) would require the meeting to be For purposes of this rule— duct and violations of rules and regulations closed followed immediately by a record vote (a) a Senator or the Vice President is the of the Senate; recommend disciplinary ac- in open session by a majority of the members supervisor of his administrative, clerical, or tion; and recommend additional Senate of the committee or subcommittee when it is other assistants; Rules or regulations to insure proper stand- determined that the matters to be discussed (b) a Senator who is the chairman of a ards of conduct; or the testimony to be taken at such meet- committee is the supervisor of the profes- (c) Residual portions of Standing Rules 41, ing or meetings— sional, clerical, or other assistants to the 42, 43 and 44 of the Senate as they existed on (1) will disclose matters necessary to be committee except that minority staff mem- the day prior to the amendments made by kept secret in the interests of national de- bers shall be under the supervision of the Title I of S. Res. 110; fense or the confidential conduct of the for- ranking minority Senator on the committee; (d) Public Law 93–191 relating to the use of eign relations of the United States; (c) a Senator who is a chairman of a sub- the mail franking privilege by Senators, offi- (2) will relate solely to matters of com- committee which has its own staff and finan- cers of the Senate; and surviving spouses of mittee staff personnel or internal staff man- cial authorization is the supervisor of the Senators; agement or procedure; professional, clerical, or other assistants to (e) Senate Resolution 400, 94th Congress, (3) will tend to charge an individual with the subcommittee except that minority staff Section 8, relating to unauthorized disclo- crime or misconduct, to disgrace or injure members shall be under the supervision of sure of classified intelligence information in the professional standing of an individual, or the ranking minority Senator on the sub- the possession of the Select Committee on otherwise to expose an individual to public committee; Intelligence; contempt or obloquy, or will represent a (d) the President pro tempore is the super- (f) Public Law 95–105, Section 515, relating clearly unwarranted invasion of the privacy visor of the Secretary of the Senate, Ser- to the receipt and disposition of foreign gifts of an individual; geant at Arms and Doorkeeper, the Chaplain, and decorations received by Senate mem- (4) will disclose the identity of any in- the Legislative Counsel, and the employees bers, officers and employees and their former or law enforcement agent or will dis- of the Office of the Legislative Counsel; close any information relating to the inves- spouses or dependents; (e) the Secretary of the Senate is the su- (g) Preamble to Senate Resolution 266, 90th tigation or prosecution of a criminal offense pervisor of the employees of his office; Congress, 2d Session, March 22, 1968; and that is required to be kept secret in the in- (f) the Sergeant at Arms and Doorkeeper is (h) The Code of Ethics for Government terests of effective law enforcement; Service, H. Con. Res. 175, 85th Congress, 2d (5) will disclose information relating to the the supervisor of the employees of his office; Session, July 11, 1958 (72 Stat. B12). Except trade secrets or financial or commercial in- (g) the Majority and Minority Leaders and that S. Res. 338, as amended by Section 202 of formation pertaining specifically to a given the Majority and Minority Whips are the su- S. Res. 110 (April 2, 1977), and as amended by person if— pervisors of the research, clerical, and other Section 3 of S. Res. 222 (1999), provides: (A) an Act of Congress requires the infor- assistants assigned to their respective of- (g) Notwithstanding any other provision of mation to be kept confidential by Govern- fices; this section, no adjudicatory review shall be ment officers and employees; or (h) the Majority Leader is the supervisor of initiated of any alleged violation of any law, (B) the information has been obtained by the Secretary for the Majority and the Sec- the Senate Code of Official Conduct, rule, or the Government on a confidential basis, retary for the Majority is the supervisor of regulation which was not in effect at the other than through an application by such the employees of his office; and time the alleged violation occurred. No pro- person for a specific Government financial or (i) the Minority Leader is the supervisor of visions of the Senate Code of Official Con- other benefit, and is required to be kept se- the Secretary for the Minority and the Sec- duct shall apply to or require disclosure of cret in order to prevent undue injury to the retary for the Minority is the supervisor of any act, relationship, or transaction which competitive position of such person; or the employees of his office. REVISIONS Rules of Procedure—Select Committee on Ethics

Date revised Amendment

December 1989 ...... Allows for a reduced quorum to take testimony except during an adjudicatory hearing. February 1993 ...... Adopted, under Admissibility of Evidence, paragraph (C), Rule 412 of the Federal Rules of Evidence. May 1993 ...... Corrected the following grammatical errors in the publication: page 2 section (d)(1) change paragraph 11 to paragraph 12; page 14 section (k)(B) change paragraph 11 to paragraph 12; page 15 sec- tion (5) change to ‘‘Whenever a member of the Committee is ineligible . . .’’ April 1997 ...... Amends Rule 9(c) Procedures for Handling Committee Sensitive and Classified Documents: (1) Strike ‘‘Committee Sensitive and classified documents and materials shall be segregated in secure filing safes.’’ Insert ‘‘Committee Sensitive documents and materials shall be stored in the Com- mittee’s offices, with appropriate safeguards for maintaining the security of such documents or materials. Classified documents and materials shall be further segregated in the Committee’s offices in secure filing safes.’’ (2) Strike ‘‘If necessary, requested materials may be taken by a member of the Committee staff to the office of a member of the Committee for his or her examination, but the Committee staff mem- ber shall remain with the Committee Sensitive or classified documents or materials at all times except as specifically authorized by the Chairman or Vice Chairman.’’ Insert ‘‘If necessary, requested materials may be hand delivered by a member of the Committee staff to the member of the Committee, or to a staff person(s) specifically designated by the member, for the member’s or des- ignated staffer’s examination. A member of the Committee who has possession of Committee Sensitive documents or materials shall take appropriate safeguards for maintaining the security of such documents or materials in the possession of the member or his or her designated staffer. (3) Committee Sensitive documents that are provided to a Member of the Senate in connection with a complaint that has been filed against the Member shall be hand delivered to the Member or to the Member’s Chief of Staff or Administrative Assistant. Committee Sensitive documents that are provided to a Member of the Senate who is the subject of a preliminary inquiry, an initial review, or an investigation, shall be hand delivered to the Member or to his or her specifically designated representative. (4) [Renumbered] (5) [Renumbered]

VerDate Sep 11 2014 05:49 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.051 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1485 REVISIONS—Continued Rules of Procedure—Select Committee on Ethics

Date revised Amendment

Amends Committee Rule 14 by adding the following sentence to paragraph (c). ‘‘The Committee shall rule on a waiver request by recorded vote, with a majority of those voting affirming the decision. With respect to an individual’s request for a waiver in connection with the acceptance or reporting the value of gifts on the occasion of the individual’s marriage, the Chairman and the Vice Chair- man, acting jointly, may rule on the waiver.’’ November 1999 ...... Extensively amends the Supplementary Procedural Rules to reflect changes to the Committee charter as agreed to by S. Res. 222 [‘‘Senate Ethics Procedure Reform Resolution of 1999’’].

FEDERAL DEBT perts has formed a citizens’ committee, the current level of 73.1 percent of all mar- called the Debt Default Clock Review Com- ketable Treasury debt? Mr. PAUL. Madam President, as I mittee, to maintain an objective, fact-based 9. Are federal revenues below 17.5 percent stand before you, we are facing a finan- federal government Debt Default Clock. The of GDP? cial calamity that could make the last Clock is designed to help the public to see 10. Does the rate of real U.S. economic financial crisis look like the good old and track the nearness of the danger. On growth, as measured in GDP, exceed 3 per- days. I have become aware of a com- September 10, 2018, the Review Committee cent annually? mittee of respected financial industry announced significant revisions in the design 11. Has Congress enacted a law prohibiting experts that has developed a Debt De- of the Clock from its original version to the Treasury from resorting to ‘‘extraor- dinary measures’’ in the future? fault Clock, which conceptualizes the make it more accurate. This announcement is found at: https://debtdefaultclock.us/wp- 12. Is Congress scaling back programmatic risk associated with a potential Fed- content/uploads/press-release-02a.pdf. ‘‘mandatory spending’’ and eventually phas- eral debt crisis that leads to the insol- For the Committee’s purposes, ‘‘default’’ is ing it out? vency of the government. The Debt De- defined simply as a failure by the U.S. Treas- While economists and financial experts fault Clock is the same concept as the ury to make a scheduled interest payment will readily appreciate the relevance of each famous Doomsday Clock, only in this on just one direct U.S. Government obliga- of these factors, we realize that the lay read- case illustrating how close we are to tion such as a Treasury note or bond. ‘‘Insol- er may find them confusing. For everyone’s vency’’ is defined as the point beyond which benefit, the following is a detailed, plain- fiscal meltdown. English explanation of each factor, together The Debt Default Clock has 12 factors default becomes a virtual certainty. Since 2013, Congress has gotten into the with all of its underlying data and assump- that are used to measure the risk asso- habit of temporarily suspending the govern- tions. ciated with the burgeoning Federal ment’s statutory debt ceiling, for a year or WARNING: DEFAULT AHEAD debt. The Clock currently stands at 4 two at a go, during which time the Treasury The United States will reach insolvency— minutes to midnight, which means may incur unlimited amounts of debt. This the point of no return—when the federal gov- that insolvency of the Federal Govern- practice is dangerous. Repealing the debt ernment fails at least ten of the twelve tests ment is close at hand, and we have lit- ceiling does not repeal the threat of a de- set according to the questions listed above. tle time to act. Although the 12 cri- fault. Indeed, to think that it would or could As of right now, the federal government is teria were developed on the basis of de- is akin to thinking we can be assured of per- currently failing in seven of them. These are petually sunny days if we simply destroy the Factors 1, 2, 3, 8, 10, 11 and 12, but one (Fac- fining the circumstances leading to barometer! Congress seems to be telling government insolvency and default, tor 9) is projected to right itself before the itself: ‘‘If I just increase the credit limit on end of the current ten-year budget period. they were also created with the idea of my credit card, I will never have to pay it The design of the Clock permits the Review identifying metrics that can be meas- off!’’ Committee to discount up to two factors at The debt ceiling is our most important fis- ured, watched, and compared over time any one time. The Committee is currently cal barometer, and we hope our new Debt De- to identify the time remaining before discounting Factor 9 in accordance with the fault Clock will help the public to read that the sequence of insolvency and default. design. The federal government is passing important gauge more easily, by showing us the remaining four tests now, but are pro- Eight of these factors are already in in a clear and simple way how close we are jected to fail in all of them sometime during negative territory, and the others are to midnight. Its purpose is to spur fiscal pol- the 10-year budget period. moving in that direction. icy makers to change course before it’s too As of today, the Federal Government De- In 2010, I ran for the Senate out of late. fault Clock stands at just four minutes from concern that our out-of-control debt THE TWELVE TESTS midnight. If the federal government remains might finally take us off the cliff. It is The Clock continuously measures twelve of on its currently projected fiscal trajectory, frustration with rampant, deficit-fi- the most relevant budget factors, or tests, the more politically difficult and economi- nanced spending that sparked the Tea each of which is framed as a simple yes-no cally painful its choices will become as time Party; yet the situation continues to question. At any given moment, the status passes. get worse. So I urge my colleagues to of ten of the twelve factors collectively de- The Default Clock is ticking. find out more about the Debt Default termines the number of minutes from mid- DATABASES BEHIND TEN OF THE FACTORS OF night the Clock stands at any point in time. DEBT DEFAULT CLOCK Clock and the role of Congress, the ad- The number of minutes, of course, changes (Note: graphs for each of the factors are ministration, and the States as to how as time passes and new data is received. shown at https://DebtDefaultClock.us) each of the factors might be mitigated Each factor assesses, not just where things if the political will exists to do so be- currently stand, but also where things are FACTOR #1: DO FEDERAL OUTLAYS EXCEED 17.5 fore calamity hits us square in the projected to move over the course of the next PERCENT OF GDP? face. ten years. Each of the twelve tests is objec- The data associated with Factor #1 in the Accordingly, I respectfully request tive. None is arbitrary or influenced by opin- initial Debt Default Clock showed that fed- eral outlays were already well above 17.5 per- that the following information related ion. Here are the twelve factors: cent of GDP, and peaked in the final year of to the Debt Default Clock be printed in 1. Do federal outlays exceed 17.5 percent of the budget period (2027) at 23.1 percent of the RECORD. gross domestic product (GDP)? GDP. The updated version shows that in the There being no objection, the mate- 2. Is there a U.S. dollar-denominated debt final year of the current budget period (2028) rial was ordered to be printed in the ceiling in law presently, and will the pro- outlays will rise to 23.3 percent of GDP. RECORD, as follows: jected federal debt stay below that ceiling Thus, Factor #1 remains set at buying zero FOUR MINUTES TO MIDNIGHT: THE REVISED during the ten-year budget period? minutes from midnight. The data bases for 3. Does the debt held by the public exceed ‘‘FEDERAL GOVERNMENT DEBT DEFAULT this factor are as follows: (1) Congressional 70 percent of GDP, and does the gross federal CLOCK’’ Budget Office, ‘‘Budget and Economic Data,’’ debt exceed 100 percent of GDP? [From the Default Clock Committee] under the headings ‘‘Historical Budget Data/ 4. Do gross federal interest payments ex- Revenues, Outlays, Deficits, Surpluses, and Beyond the troubling debt-ceiling ceed 15 percent of federal revenues? Debt Held by the Public Since 1967 to 2017,’’ standoffs we witness every few years, looms 5. Do gross federal interest payments, on a April 2018; and (2) ‘‘10-Year Budget Projec- a far more dire threat: a true U.S. govern- sustained basis, exceed 70 percent of the tions/CBO’s Baseline Budget Projections, by ment default, which economists warn could money the federal government brings in Category,’’ April 2018. lead to a collapse of confidence in the Amer- through the issuance of new debt? ican economy, a run on the dollar, and per- 6. Does the debt held by the public exceed FACTOR #2: IS THERE A DOLLAR-DENOMINATED haps even a global economic meltdown. 80 percent of the gross debt? DEBT CEILING IN PLACE, AND IF SO, DOES THE How close are we to such a catastrophic 7. Does the debt held by foreigners exceed DEBT SUBJECT TO LIMIT STAY UNDER THE federal default? 50 percent of the debt held by the public? CEILING DURING THE BUDGET PERIOD? To answer this question, a group of pri- 8. Will short-term maturities and floating Currently, there is no dollar-denominated vate-sector economists and fiscal policy ex- rate obligations of the Treasury decline from debt ceiling in place because the debt ceiling

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.053 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1486 CONGRESSIONAL RECORD — SENATE February 26, 2019 law has been suspended. Thus, Factor #2 also to buy one minute from midnight. The data rities, but generally describes them as long buys zero minutes from midnight. Accord- bases for this factor are: (1) Office of Man- term. Thus, they are not included in ingly, there are no data bases and graph as- agement and Budget, ‘‘Historical Tables,’’ STMFROs and set aside here. sociated with Factor #2 at this point. They Table 7.1, February 2018, at https:// As of September 30, 2018, all the STMFROs will appear when a dollar-denominated debt www.whitehouse.gov/omb/historical-tables/; constituted 73.1 percent of all the market- ceiling is put back into place. (2) Congressional Budget Office, ‘‘Budget and able Treasury debt outstanding, as measured FACTOR #3: DOES THE DEBT HELD BY THE PUB- Economic Data,’’ under the headings ‘‘10- in dollars. This structure of the marketable LIC EXCEED 70 PERCENT OF GDP, AND DOES Year Budget Projections/Federal Debt Pro- debt jeopardizes the financial position of the THE GROSS DEBT EXCEED 100 PERCENT OF GDP? jected in CBOs Baseline,’’ Table 5, April 2018; Treasury by leaving it vulnerable to in- Under the initial Default Clock setting, (3) Department of the Treasury, ‘‘Interest creases in both the inflation rate and inter- the gross debt peaked in the final year of the Expense on the Debt Outstanding,’’ (accessed est rates. Specifically, Treasury interest budget period (2027) at just under 110 percent April 12, 2018); and (4) Congressional Budget costs would rise very quickly with higher in- of GDP. The initial version did not include Office, ‘‘Budget and Economic Data,’’ under flation and interest rates because of the cur- data on the debt held by the public. The cur- the headings ‘‘10-Year Budget Projections/ rent structure of the debt. It is the view of rent version shows that the gross debt will CBO’s Baseline Budget Projections by Cat- the Debt Default Clock Review Committee again peak in the final year of the budget pe- egory’’ and ‘‘Spending Projections by Budget that the portion of all Treasury marketable riod (2028) at over 113 percent of GDP. The Account’’ (specifically Line 1682, ‘‘Interest securities made up by the STMFROs, as debt held by the public is also projected to on Treasury Debt Securities (gross)’’), April measured in dollars, should be reduced to 50 peak in 2028 at over 96 percent of GDP. Since 2018. percent of the total. Factor #8 of the Debt both the debt held by the public and the FACTOR #6: DOES THE DEBT HELD BY THE PUB- Default Clock will move the minute hand gross debt exceeded 70 and 100 percent of LIC EXCEED 80 PERCENT OF THE GROSS DEBT? one minute away from midnight for every five percentage points reduced from the 71.3 GDP respectively in 2012, and are projected The original version of the Default Clock percent of marketable securities that con- to grow, Factor #3 will continue to buy zero estimated that the debt held by the public stitute the STMFROs at the end of fiscal minutes from midnight. The data bases for would exceed 80 percent of the gross debt year 2018. Currently, Factor #8 buys zero Factor #3 are as follows: (1) Office of Man- starting in 2025. This same year is the esti- minutes from midnight. The formula for ar- agement and Budget, ‘‘Historical Tables,’’ mated cross-over point for Factor #6 under riving at this percentage at any particular Table 7.1, February 2018; (2) Congressional the updated Default Clock. Once again, this time is as follows: the value of the STMFROs Budget Office, ‘‘Budget and Economic Data,’’ Factor will buy one minute from midnight. ÷ the total value of all marketable securities under the headings ‘‘10-Year Budget Projec- The data bases for this factor are: 1) Office of outstanding = percent of all marketable se- tions/Federal Debt Projected in CBOs Base- Management and Budget, ‘‘Historical Ta- curities in STMFROs. line,’’ Table 5, April 2018; and (3) Congres- bles,’’ Table 7.1, February 2018, here; and 2) sional Budget Office, ‘‘Budget and Economic Congressional Budget Office, ‘‘Budget and FACTOR #9: ARE FEDERAL REVENUES BELOW 17.5 Data,’’ under the headings ‘‘10-Year Eco- Economic Data,’’ under the headings ‘‘His- PERCENT OF GDP? nomic Projections/April 2018 Baseline Projec- torical Budget Data/Revenues, Outlays, Defi- The data bases for this Factor are found at: tion—Data Release (Fiscal Year).’’ cits, Surpluses, and Debt Held by the Public Congressional Budget Office, ‘‘The Budget FACTOR #4: WILL GROSS INTEREST COSTS Since 1967’’ and ‘‘10-Year Budget Projections/ and Economic Outlook: 2018 to 2028,’’ April 9, EXCEED 15 PERCENT OF FEDERAL REVENUES? CBO’s Baseline Budget Projections, by Cat- 2018, pp. 67 and 145, here. There is no formula In the initial Default Clock assessment, egory,’’ April 2018, here. for the projected data under this factor be- gross federal interest costs were projected to FACTOR #7: DOES THE DEBT HELD BY FOR- cause CBO provides the amounts directly. Federal revenues were at 17.3 percent of exceed 15 percent of federal revenues in 2020. EIGNERS EXCEED 50 PERCENT OF THE DEBT GDP in 2017. CBO projects they will fall to The revised assessment shows the threshold HELD BY THE PUBLIC? 16.5 percent in 2019, but grow to the 17.5 per- will be exceeded this year. This is shown in The original version of the Default Clock cent of GDP in 2025 and exceed 18 percent of the accompanying graph. While the actual showed that the share of the debt held by the GDP before the end of the budget period. data is not yet available, the gross interest public owned by foreigners would exceed 50 Given that Factor #9 is the only factor costs may already be above 15 percent of rev- percent in 2021. The updated version of the among the 12 that moves in the right direc- enues, and are all but certain to remain Clock shows this Factor’s cross-over date re- tion over the course of the budget period, above this threshold during the budget pe- mains 2021. Thus, Factor #8 continues to buy this factor is currently discounted by the Re- riod. For the time being, Factor #4 continues one minute from midnight. The data bases view Committee. to buy one minute from midnight. It remains for this Factor are: 1) here, under the head- likely, however, that Factor #4 will buy no ing ‘‘Ownership of Federal Securities;’’ 2) FACTOR #10: DOES REAL RATE OF U.S. ECONOMIC minutes away from midnight at the time of here (accessed on April 13, 2018); and 3) here, GROWTH, AS MEASURED IN GDP, MEET OR EX- the next assessment. If so, this will force the February 2018. CEED 3 PERCENT ANNUALLY? Clock to three minutes from midnight if all FACTOR #8: WILL SHORT-TERM MATURITIES AND The data bases for Factor #10 are found at: the other factors remain stable relative to FLOATING RATE OBLIGATIONS OF THE TREAS- 1) Bureau of Economic Analysis (BEA), De- their thresholds. The data bases for this Fac- URY DECLINE FROM THE CURRENT LEVEL OF partment of Commerce, here, Table 5 under tor are as follows: (1) Department of the 73.1 PERCENT OF ALL MARKETABLE TREASURY ‘‘Tables Only,’’ under the heading ‘‘Gross Do- Treasury, ‘‘Interest Expense on the Debt DEBT? mestic Product’’ (historical data); 2) Con- Outstanding,’’ at here (accessed April 12, gressional Budget Office, ‘‘The Budget and The Monthly Statement of the Public Debt 2018); (2) Congressional Budget Office, ‘‘Budg- Economic Outlook: 2018 to 2028,’’ April 9, of The United States (the ‘‘Monthly State- et and Economic Data,’’ under the headings 2018, p. 140, here (projected data). There is no ment’’) describes six types of securities com- ‘‘Historical Budget Data/Historical Budget formula for either the historical or projected prising the marketable Treasury debt out- Data/ Revenues, Outlays, Deficits, Surpluses, data on Factor #10 because BEA and CBO standing. They are Treasury Bills (‘‘Bills’’), and Debt Held by the Public Since 1967,’’ provide the data directly. Treasury Notes (‘‘Notes’’), Treasury Bonds April 2018, here; and (3) Congressional Budget GDP grew at the rate of 2.3 percent in real (‘‘Bonds’’), Treasury Inflation-Protected Se- Office, ‘‘Budget and Economic Data,’’ under terms in 2017. CBO projects will reach a rate curities (‘‘TIPS’’), Treasury Floating Rate the headings ‘‘10-Year Budget Projections/ of 3 percent in 2019, but will fall below 3 per- Notes (‘‘FRN’s’’) and Federal Financing CBO’s Baseline Budget Projections by Cat- cent in each of the remaining years of the Bank (‘‘FFB’’) securities. The Monthly egory’’ and ‘‘Spending Projections by Budget ten-year budget period. Therefore, Factor Statements, including attached Excel Account’’ (specifically Line 1682, ‘‘Interest #10 currently buys no minutes from mid- spreadsheets, are available at https:// on Treasury Debt Securities (gross)’’), April night. www.treasurydirect.gov/govt/reports/pd/ 2018, also here. The formula for Factor #4 is: FACTOR #11: HAS CONGRESS ENACTED A LAW ÷ mspd/mspd.htm. gross interest costs federal revenues = per- Treasury Bills are short-term obligations PROHIBITING THE TREASURY FROM RESORTING cent of federal revenues going to cover gross with a maturity of less than one year. Treas- TO ‘‘EXTRAORDINARY MEASURES’’ IN THE FU- interest costs. ury Notes are issued with maturities of be- TURE? FACTOR #5: DO GROSS FEDERAL INTEREST PAY- tween one and ten years. Treasury Bonds are This is a purely qualitative factor. It ad- MENTS, ON A SUSTAINED BASIS, EXCEED 70 issued with maturities in excess of ten years. justs the minute hand on the Debt Default PERCENT OF THE MONEY THE FEDERAL GOV- For purposes of the Debt Default Clock on Clock on the basis of the legislative actions ERNMENT BRINGS IN THROUGH THE ISSUANCE any given date, all Bills and previously or the lack thereof taken by Congress in the OF NEW DEBT? issued Notes and Bonds maturing within five applicable legislative period. Specifically, if The original version of the Default Clock years of that date, along with all TIPS and either house of Congress has passed such a estimated that the level of gross interest FRN’s, which are adjustable rate securities bill during the current Congress, it will buy costs would exceed 70 percent of the money subject to periodic adjustments in their in- one minute away from midnight. If such a brought in by the issuance of new debt (in terest rates, are categorized as short-term law is enacted and remains on the books at net terms) in 2023. The updated version maturities and floating rate obligations the time of the applicable review by the Re- shows the cross-over point should be reached (‘‘STMFROs’’). The Monthly Statement does view Committee, it will buy two minutes in the same year. Thus, Factor #5 continues not provide the maturity dates for FFB secu- from midnight. Therefore, there are neither

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.039 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1487 data bases, nor formulas, nor graphs associ- 44,000 visitors. Today, Arizona hosts $100,000 to help local residents with ated with Factor #11. Since current law per- more than 6 million visitors each year, sight preservation and provided sup- mits the Treasury to undertake extraor- and with a total economic impact of al- port to many local children’s organiza- dinary measures, Factor #11 buys no minutes most $1 billion a year, it is the greatest tions including the Fort Smith Boys from midnight at this time. attraction in our State. Club, Good Samaritan Clinic, Clearing- FACTOR #12: IS CONGRESS SCALING BACK PRO- All Americans, but especially Arizo- house Backpack Program, Special GRAMMATIC ‘‘MANDATORY SPENDING’’ AND EVENTUALLY PHASING IT OUT? nans, are truly blessed to have such a Olympics, and the Children’s Emer- Mandatory programmatic spending, which natural wonder to visit like the Grand gency Shelter. sets aside net interest payments, does not re- Canyon. I share in Teddy Roosevelt’s In addition, the club has provided all quire the annual appropriation of money by amazement, passion, and wonderment of the equipment and support needed Congress. Effectively, these spending pro- of the Grand Canyon, and I will con- for the Safety Patrol program in the grams are on autopilot. According to CBO, tinue to advocate for this park so that Fort Smith Public Schools since 1946. programmatic mandatory spending was more it may last for many more generations As an optometrist whose hometown than $2.5 trillion in 2017. It projects this to come. is Fort Smith, AR, I am proud of the spending to grow to more than $4.5 trillion in great work done by this club and Lions 2028. f chapters around the world. Congress needs to rein in these programs ADDITIONAL STATEMENTS by moving them back into the appropriated I congratulate the Fort Smith Noon accounts of the budget. By starting to take f Lions Club on its 100th anniversary and such steps, Congress should be able to reduce RECOGNIZING THE FORT SMITH hope that these Knights for the Blind this category of spending dramatically. In NOON LIONS CLUB continue to prosper in their mission.∑ fact, it should phase it out altogether. Under f the Debt Default Clock, if Congress returns ∑ Mr. BOOZMAN. Madam President, enough of this spending to the appropriated today I wish to recognize and congratu- TRIBUTE TO OLIVER DIEZ category so that by the end of the ten-year late the Fort Smith Noon Lion’s Club ∑ Mr. RUBIO. Madam President, today budget period the mandatory category is less on its centennial celebration. I recognize Oliver Diez, the Miami- than what it was in 2017, it will buy one The Fort Smith Noon Lions Club minute away from midnight. If the manda- Dade County Teacher of the Year from tory category is projected to be phased out first met on March 8, 1919, only 2 years Palmetto Elementary School in altogether by the end of the budget period, it after the creation of Lions Club Inter- Pinecrest, FL. will buy two minutes from midnight. There- national. With 25 charter members, the Oliver received this award in recogni- fore, Factor #12 currently buys no minutes club’s mission was to encourage fellow- tion for his dedication to teaching chil- from midnight. ship and civic participation by local dren a passion for music before they The data bases for Factor #12 are found at: businessmen. Many prominent business leave elementary school. He begins the Congressional Budget Office, ‘‘The Budg- leaders were part of that founding teaching students how to play an intro- et and Economic Outlook: 2018 to 2028,’’ April group, including Dr. Charles Holt, 9, 2018, pp. 44 and 148, here. The formula for ductory instrument, the recorder, at an calculating whether mandatory spending is founder of Holt Crock Clinic; Fagan early age. From there, they can join increasing or decreasing during the projected Bourland, who served as the city’s one of his school’s before and after- budget period under Factor #12 is: manda- mayor for many years; and W.E. Har- school offerings of chorus, concert tory outlays (less offsetting receipts)—$2.5 ding, the founder of Harding Glass, one band, jazz combo, orchestra, and drum- trillion (mandatory spending in 2017) = dollar of the city’s largest companies at the line. Once they join a music program, level increase (decrease) in mandatory time. his lessons focus on teaching them not spending. If mandatory spending is projected The club met for many years at the only how to play instruments, but also by CBO to be at zero dollars before the end historic Goldman Hotel in downtown of the budget period, it will be considered to its history. He believes this builds an have been phased out. Fort Smith and, later, at the Ward appreciation for music in his young Hotel on Garrison Avenue. Among its f students. earliest projects was supporting the Throughout his two-decade long GRAND CANYON CENTENNIAL Victory Loan Campaign designed to teaching career at Palmetto Elemen- Ms. MCSALLY. Madam President, in pay off debt from WWI. In the early tary School, he has built a successful January 1908, President Theodore Roo- days, it held festivals, hosted free con- music program at south Florida’s larg- sevelt famously declared, ‘‘Let this certs, and played an annual baseball est elementary school. His fourth and great wonder of nature remain as it is game against the local Rotary Club. fifth grade student were invited to play now. You cannot improve on it.’’ He In addition to supporting local causes at Carnegie Hall in New York City this said these words while designating the and providing a networking tool for March, the only elementary school stu- Grand Canyon as a national monu- businessmen, the club’s mission came dents to play. While he believes teach- ment. Eleven years later, it became a into focus after Helen Keller spoke at ing is messy at times, he knows it National Park, and today marks the the Lions Club International conven- unites students to work together for centennial of that designation. tion in 1925. She concluded her speech the final performance. Known as one of the Seven Natural by saying, ‘‘I appeal to you Lions, you Oliver graduated from Florida Inter- Wonders of the World, the Grand Can- who have your sight, your hearing, you national University with his bachelor’s yon is more than history to Arizona, it who are strong and brave and kind. degree in 1999 and returned for his mas- is a part of who we are. Millions of visi- Will you not constitute yourselves ter’s degree in 2016, both majoring in tors come to see this magnificent na- Knights of the Blind in this crusade music education. He also helped launch tional park, from its archeological against darkness?’’ Her eloquent plea a booster club at his school that is a sites to its one-of-a-kind trails; and for transformed the Lions and made sight registered nonprofit for travel expenses centuries, this vast array of canyons conservation the organization’s pri- for performances. and mountains has served as a home to mary mission. I express my sincere appreciation to many different peoples, including Throughout its 100-year history, the Oliver for all of the accomplished work many Native American tribes. Fort Smith Noon Lions Club has con- with his students and wish him contin- It was in 1869 that geologist John tributed greatly to this mission by ued success in the years to come.∑ Wesley Powell first led an expedition raising money to provide eye exams f down the hazardous Colorado River, and glasses to local students and during which he noted the ancient adults. Lions Club members have also TRIBUTE TO IAN JACKSON clues he found hidden in the layers of collected thousands of pairs of glasses ∑ Mr. RUBIO. Madam President, today rock that told the story of its creation. which are donated to the Southern Col- I honor Ian Jackson, the Volusia Coun- His expedition led to future explo- lege of Optometry in Memphis where ty Teacher of the Year from T. Dewitt rations further chartering and mapping students take the glasses on inter- Taylor Middle-High School in Pierson, the great canyon. By the time it offi- national mission trips. FL. cially became a National Park in 1919, In recent years, the Fort Smith Noon Ian is an Advancement Via Indi- the Grand Canyon attracted some Lions Club has donated more than vidual Determination teacher, working

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.041 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1488 CONGRESSIONAL RECORD — SENATE February 26, 2019 with students from 8th to 12th grade alties for pirate radio, and for other pur- tion Supplement: Amendments Related to and considers it his job to change the poses. General Solicitations’’ ((RIN0750–AJ83) trajectories of his students for the bet- H.R. 1235. An act to provide that the term (DFARS Case 2018–D021)) received during ad- ter. After receiving this award, Ian of office of certain members of the Merit journment of the Senate in the Office of the Systems Protection Board shall be extended President of the Senate on February 15, 2019; noted that it was not just him being by a period of 1 year, and for other purposes. to the Committee on Armed Services. recognized, but also his students for The message also announced that the EC–348. A communication from the Acting their success. Principal Director, Defense Pricing and Con- Ian urges his students to strive for House has agreed to H. Res. 143, resolv- tracting, Department of Defense, transmit- greatness in their middle school and ing that Cheryl L. Johnson, of the ting, pursuant to law, the report of a rule en- high school coursework in preparation State of Louisiana, be, and is hereby titled ‘‘Defense Federal Acquisition Regula- for the college workload. He focuses on chosen Clerk of the House of Rep- tion Supplement: Use of Commercial or Non- resentatives. Government Standards’’ ((RIN0750–AJ23) ensuring his classroom feels like a sec- (DFARS Case 2017–D014)) received during ad- f ond home to his students when they journment of the Senate in the Office of the struggle and are in need of support. MEASURES REFERRED President of the Senate on February 15, 2019; Many of Ian’s students come from to the Committee on Armed Services. difficult circumstances, so he works to The following bills were read the first EC–349. A communication from the Acting establish strong relationships and cre- and the second times by unanimous Principal Director, Defense Pricing and Con- ate a positive environment for them. consent, and referred as indicated: tracting, Department of Defense, transmit- He dedicates his time to listening to H.R. 276. An act to direct the Secretary of ting, pursuant to law, the report of a rule en- Education to establish the Recognizing In- titled ‘‘Defense Federal Acquisition Regula- the needs of his students and conveying tion Supplement; Appendix A, Armed Serv- to them that he cares about their well- spiring School Employees (RISE) Award Pro- gram recognizing excellence exhibited by ices Board of Contract Appeals, Part 1 - being. Eighty percent of his students classified school employees providing serv- Charter’’ (RIN0750–AK46) received during ad- are accepted into 4-year universities ices to students in prekindergarten through journment of the Senate in the Office of the and many stay in contact with him high school; to the Committee on Health, President of the Senate on February 15, 2019; through college and beyond. Education, Labor, and Pensions. to the Committee on Armed Services. Ian has taught at T. Dewitt Taylor H.R. 425. An act to promote veteran in- EC–350. A communication from the Acting Middle-High School since 2005. He pre- volvement in STEM education, computer Principal Director, Defense Pricing and Con- science, and scientific research, and for other tracting, Department of Defense, transmit- viously taught English as a second lan- ting, pursuant to law, the report of a rule en- guage classes in Georgia. He earned his purposes; to the Committee on Commerce, Science, and Transportation. titled ‘‘Defense Federal Acquisition Regula- bachelor’s degree from Tocca Falls Col- H.R. 501. An act to amend the Public tion Supplement: Antiterrorism Training lege. Health Service Act to reauthorize and en- Requirements for Contractors’’ ((RIN0750– I extend my sincere thanks and grati- hance the poison center national toll-free AJ45) (DFARS Case 2017–D034)) received dur- tude to Ian for his dedication to help- number, national media campaign, and grant ing adjournment of the Senate in the Office ing his students succeed in life. I look program, and for other purposes; to the Com- of the President of the Senate on February forward to learning of his continued mittee on Health, Education, Labor, and 15, 2019; to the Committee on Armed Serv- ices. success in the coming years.∑ Pensions. H.R. 525. An act to amend title XI of the EC–351. A communication from the Acting f Social Security Act to direct the Secretary Principal Director, Defense Pricing and Con- tracting, Department of Defense, transmit- MESSAGE FROM THE HOUSE of Health and Human Services to establish a public-private partnership for purposes of ting, pursuant to law, the report of a rule en- At 2:15 p.m., a message from the identifying health care waste, fraud, and titled ‘‘Defense Federal Acquisition Regula- House of Representatives, delivered by abuse; to the Committee on Finance. tion Supplement: Exemption from Design- Mr. Novotny, one of its reading clerks, H.R. 539. An act to require the Director of Build Selection Procedures’’ ((RIN0750–AJ75) announced that the House has passed the National Science Foundation to develop (DFARS Case 2018–D011)) received during ad- the following bill, with an amendment, an I–Corps course to support commercializa- journment of the Senate in the Office of the President of the Senate on February 15, 2019; in which it requests the concurrence of tion-ready innovation companies, and for other purposes; to the Committee on Health, to the Committee on Armed Services. the Senate: EC–352. A communication from the Acting Education, Labor, and Pensions. S. 483. An act to enact into law a bill by Principal Director, Defense Pricing and Con- H.R. 583. An act to amend the Communica- reference. tracting, Department of Defense, transmit- tions Act of 1934 to provide for enhanced pen- ting, pursuant to law, the report of a rule en- The message further announced that alties for pirate radio, and for other pur- titled ‘‘Defense Federal Acquisition Regula- the House has passed the following poses; to the Committee on Commerce, tion Supplement: Modification of DFARS Science, and Transportation. bills, in which it requests the concur- Clause ’Transportation of Supplies by Sea’’’ H.R. 1235. An act to provide that the term rence of the Senate: ((RIN0750–AJ94) (DFARS Case 2018–D028)) re- of office of certain members of the Merit H.R. 276. An act to direct the Secretary of ceived during adjournment of the Senate in Systems Protection Board shall be extended Education to establish the Recognizing In- the Office of the President of the Senate on by a period of 1 year, and for other purposes; spiring School Employees (RISE) Award Pro- February 15, 2019; to the Committee on to the Committee on Homeland Security and gram recognizing excellence exhibited by Armed Services. Governmental Affairs. classified school employees providing serv- EC–353. A communication from the Deputy ices to students in prekindergarten through f General Counsel for Operations, Department high school. of Housing and Urban Development, trans- H.R. 425. An act to promote veteran in- EXECUTIVE AND OTHER mitting, pursuant to law, a report relative to volvement in STEM education, computer COMMUNICATIONS a vacancy in the position of Assistant Sec- science, and scientific research, and for other The following communications were retary, Community Planning and Develop- purposes. laid before the Senate, together with ment, Department of Housing and Urban De- H.R. 501. An act to amend the Public accompanying papers, reports, and doc- velopment, received in the Office of the Health Service Act to reauthorize and en- President of the Senate on February 13, 2019; hance the poison center national toll-free uments, and were referred as indicated: to the Committee on Banking, Housing, and number, national media campaign, and grant EC–346. A communication from the Senior Urban Affairs. program, and for other purposes. Official performing the duties of the Under EC–354. A communication from the Chief H.R. 525. An act to amend title XI of the Secretary of Defense (Personnel and Readi- Counsel, Federal Emergency Management Social Security Act to direct the Secretary ness), transmitting the report of an officer Agency, Department of Homeland Security, of Health and Human services to establish a authorized to wear the insignia of the grade transmitting, pursuant to law, the report of public-private partnership for purposes of of brigadier general in accordance with title a rule entitled ‘‘Suspension of Community identifying health care waste, fraud, and 10, United States Code, section 777, this will Eligibility; Florida: Inglis’’ ((44 CFR Part 64) abuse. not cause the Department to exceed the (Docket No. FEMA–2018–0002)) received in the H.R. 539. An act to require the Director of number of frocked officers authorized; to the Office of the President of the Senate on Feb- the National Science Foundation to develop Committee on Armed Services. ruary 12, 2019; to the Committee on Banking, an I-Corps course to support commercializa- EC–347. A communication from the Acting Housing, and Urban Affairs. tion-ready innovation companies, and for Principal Director, Defense Pricing and Con- EC–355. A communication from the Chief other purposes. tracting, Department of Defense, transmit- Counsel, Federal Emergency Management H.R. 583. An act to amend the Communica- ting, pursuant to law, the report of a rule en- Agency, Department of Homeland Security, tions Act of 1934 to provide for enhanced pen- titled ‘‘Defense Federal Acquisition Regula- transmitting, pursuant to law, the report of

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.033 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1489 a rule entitled ‘‘Suspension of Community bia, transmitting, pursuant to law, a report EC–377. A communication from the Man- Eligibility; Maryland: Garrett County, Unin- on D.C. Act 22–601, ‘‘Southwest Waterfront agement and Program Analyst, Federal corporated Areas’’ ((44 CFR Part 64) (Docket Park Bus Prohibition Act of 2018’’; to the Aviation Administration, Department of No. FEMA–2018–0002)) received during ad- Committee on Homeland Security and Gov- Transportation, transmitting, pursuant to journment of the Senate in the Office of the ernmental Affairs. law, the report of a rule entitled ‘‘Part 95 In- President of the Senate on February 15, 2019; EC–366. A communication from the Chair- strument Flight Rules; Miscellaneous to the Committee on Banking, Housing, and man of the Council of the District of Colum- Amendments; Amendment No. 544’’ Urban Affairs. bia, transmitting, pursuant to law, a report ((RIN2120–AA63)(Docket No. 31237)) received EC–356. A communication from the Assist- on D.C. Act 22–602, ‘‘East End Health Equity during adjournment of the Senate in the Of- ant Secretary of the Army (Civil Works), Amendment Act of 2018’’; to the Committee fice of the President of the Senate on Feb- transmitting, pursuant to law, a report rel- on Homeland Security and Governmental Af- ruary 15, 2019; to the Committee on Com- ative to the Lower San Joaquin River, Cali- fairs. merce, Science, and Transportation. fornia Flood Risk Management Project; to EC–367. A communication from the Chair- EC–378. A communication from the Man- the Committee on Environment and Public man of the Council of the District of Colum- agement and Program Analyst, Federal Works. bia, transmitting, pursuant to law, a report Aviation Administration, Department of EC–357. A communication from the Direc- on D.C. Act 22–603, ‘‘Warehousing and Stor- Transportation, transmitting, pursuant to tor of the Regulatory Management Division, age Eminent Domain Authority Temporary law, the report of a rule entitled ‘‘Amend- Environmental Protection Agency, transmit- Act of 2018’’; to the Committee on Homeland ment of Class E Airspace for the Following ting, pursuant to law, the report of a rule en- Security and Governmental Affairs. Alaska Towns; St. Michael, AK, Shaktoolik, titled ‘‘Air Plan Approval: Connecticut; Pre- EC–368. A communication from the Chair- AK; and Tatilek, AK’’ ((RIN2120– vention of Significant Deterioration; Revi- man of the Council of the District of Colum- AA66)(Docket No. FAA–2017–0349)) received sions to the Prevention of Significant Dete- bia, transmitting, pursuant to law, a report during adjournment of the Senate in the Of- rioration Greenhouse Gas Permitting Au- on D.C. Act 22–614, ‘‘Omnibus Public Safety fice of the President of the Senate on Feb- thority’’ (FRL No. 9984–75–Region 1) received and Justice Amendment Act of 2018’’; to the ruary 15, 2019; to the Committee on Com- in the Office of the President of the Senate Committee on Homeland Security and Gov- merce, Science, and Transportation. on February 14, 2019; to the Committee on ernmental Affairs. EC–379. A communication from the Man- Environment and Public Works. EC–369. A communication from the Chair- agement and Program Analyst, Federal EC–358. A communication from the Assist- man of the Council of the District of Colum- Aviation Administration, Department of ant Secretary, Legislative Affairs, Depart- bia, transmitting, pursuant to law, a report Transportation, transmitting, pursuant to ment of State, transmitting, pursuant to on D.C. Act 22–620, ‘‘Firearms Safety Omni- law, the report of a rule entitled ‘‘Standard section 36(c) of the Arms Export Control Act, bus Amendment Act of 2018’’; to the Com- Instrument Approach Procedures; Miscella- the certification of a proposed license for the mittee on Homeland Security and Govern- neous Amendments (9)’’ (RIN2120–AA65) re- export of defense articles, including tech- mental Affairs. ceived during adjournment of the Senate in nical data and defense services, to Norway, EC–370. A communication from the Chair- the Office of the President of the Senate on Italy, Japan, and Denmark to support the man of the Council of the District of Colum- February 15, 2019; to the Committee on Com- manufacture, integration, installation, oper- bia, transmitting, pursuant to law, a report merce, Science, and Transportation. ation, training, testing, maintenance, and on D.C. Act 22–625, ‘‘Anthony Bowen Way EC–380. A communication from the Man- repair of auxiliary aerostructures and wing Designation Act of 2018’’; to the Committee agement and Program Analyst, Federal conventional control surfaces for the F–35 on Homeland Security and Governmental Af- Aviation Administration, Department of aircraft in the amount of $100,000,000 or more fairs. Transportation, transmitting, pursuant to (Transmittal No. DDTC 18–068); to the Com- EC–371. A communication from the Chair- law, the report of a rule entitled ‘‘Standard mittee on Foreign Relations. man of the Council of the District of Colum- Instrument Approach Procedures; Miscella- EC–359. A communication from the Assist- bia, transmitting, pursuant to law, a report neous Amendments (160)’’ (RIN2120–AA65) re- ant Legal Adviser for Treaty Affairs, Depart- on D.C. Act 22–626, ‘‘District of Columbia De- ceived during adjournment of the Senate in ment of State, transmitting, pursuant to the partment of Aging and Community Living the Office of the President of the Senate on Case-Zablocki Act, 1 U.S.C. 112b, as amended, Amendment Act of 2018’’; to the Committee February 15, 2019; to the Committee on Com- the report of the texts and background state- on Homeland Security and Governmental Af- merce, Science, and Transportation. ments of international agreements, other fairs. EC–381. A communication from the Man- than treaties (List 2019–0009 - 2019–0010); to EC–372. A communication from the Chair- agement and Program Analyst, Federal the Committee on Foreign Relations. man of the Council of the District of Colum- Aviation Administration, Department of EC–360. A communication from the Chair- bia, transmitting, pursuant to law, a report Transportation, transmitting, pursuant to man of the Council of the District of Colum- on D.C. Act 22–627, ‘‘Parent-led Play Cooper- law, the report of a rule entitled ‘‘Airworthi- bia, transmitting, pursuant to law, a report ative Amendment Act of 2018’’; to the Com- ness Directives; The Boeing Company Air- on D.C. Act 22–596, ‘‘Senior Strategic Plan mittee on Homeland Security and Govern- planes’’ ((RIN2120–AA64)(Docket No. FAA– Amendment Act of 2018’’; to the Committee mental Affairs. 2019–0015)) received during adjournment of on Homeland Security and Governmental Af- EC–373. A communication from the Chair- the Senate in the Office of the President of fairs. man of the Council of the District of Colum- the Senate on February 15, 2019; to the Com- EC–361. A communication from the Chair- bia, transmitting, pursuant to law, a report mittee on Commerce, Science, and Transpor- man of the Council of the District of Colum- on D.C. Act 22–628, ‘‘Limitations on Products tation. bia, transmitting, pursuant to law, a report Containing Polycyclic Aromatic Hydro- EC–382. A communication from the Attor- on D.C. Act 22–597, ‘‘District of Columbia carbons Amendment Act of 2018’’; to the ney-Advisor, U.S. Coast Guard, Department Education Research Practice Partnership Es- Committee on Homeland Security and Gov- of Homeland Security, transmitting, pursu- tablishment and Audit Act of 2018’’; to the ernmental Affairs. ant to law, the report of a rule entitled Committee on Homeland Security and Gov- EC–374. A communication from the Acting ‘‘Drawbridge Operation Regulation; Hudson ernmental Affairs. Director, Office of Personnel Management, River, Albany and Rensselaer, NY’’ EC–362. A communication from the Chair- transmitting, pursuant to law, the report of ((RIN1625–AA09)(Docket No. USCG–2017– man of the Council of the District of Colum- a rule entitled ‘‘Federal Employees Dental 0926)) received in the Office of the President bia, transmitting, pursuant to law, a report and Vision Insurance Program: Extension of of the Senate on February 13, 2019; to the on D.C. Act 22–598, ‘‘Risk Management and Eligibility to Certain TRICARE–Eligible In- Committee on Commerce, Science, and Own Risk and Solvency Assessment Act of dividuals; Effective Date of Enrollment; Cor- Transportation. 2018’’; to the Committee on Homeland Secu- rections’’ (RIN3206–AN58) received in the Of- EC–383. A communication from the Attor- rity and Governmental Affairs. fice of the President of the Senate on Feb- ney-Advisor, U.S. Coast Guard, Department EC–363. A communication from the Chair- ruary 13, 2019; to the Committee on Home- of Homeland Security, transmitting, pursu- man of the Council of the District of Colum- land Security and Governmental Affairs. ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report EC–375. A communication from the Assist- ‘‘Safety Zone; Ohio River, Miles 73 to 74, on D.C. Act 22–599, ‘‘Temporary Parking Per- ant Secretary for Legislation, Department of Wellsburg, WV’’ ((RIN1625–AA00)(Docket No. mit Limitation Regulation Amendment Act Health and Human Services, transmitting, USCG–2018–1093)) received in the Office of the of 2018’’; to the Committee on Homeland Se- pursuant to law, a report entitled ‘‘Break- President of the Senate on February 13, 2019; curity and Governmental Affairs. through Devices Program’’; to the Com- to the Committee on Commerce, Science, EC–364. A communication from the Chair- mittee on Health, Education, Labor, and and Transportation. man of the Council of the District of Colum- Pensions. EC–384. A communication from the Attor- bia, transmitting, pursuant to law, a report EC–376. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department on D.C. Act 22–600, ‘‘District Historical ant Secretary for Legislation, Department of of Homeland Security, transmitting, pursu- Records Advisory Board Amendment Act of Health and Human Services, transmitting, ant to law, the report of a rule entitled 2018’’; to the Committee on Homeland Secu- pursuant to law, a report entitled ‘‘Fiscal ‘‘Safety Zone; Lower Mississippi River, Mile rity and Governmental Affairs. Year 2016 Report to Congress: Older Ameri- Markers 229.5 to 230.5 Baton Rouge, LA’’ EC–365. A communication from the Chair- cans Act’’; to the Committee on Health, Edu- ((RIN1625–AA08)(Docket No. USCG–2018– man of the Council of the District of Colum- cation, Labor, and Pensions. 0960)) received in the Office of the President

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.010 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1490 CONGRESSIONAL RECORD — SENATE February 26, 2019 of the Senate on February 13, 2019; to the ruary 13, 2019; to the Committee on Com- timidation against Jewish students, nega- Committee on Commerce, Science, and merce, Science, and Transportation. tively impacting student programming of Transportation. EC–393. A communication from the Direc- vital importance to all American students EC–385. A communication from the Attor- tor of the Issuances Staff, Food Safety and related to the State of Israel and politics in ney-Advisor, U.S. Coast Guard, Department Inspection Service, Department of Agri- the Middle East; and of Homeland Security, transmitting, pursu- culture, transmitting, pursuant to law, the Whereas, leaders of the Boycott, Divest- ant to law, the report of a rule entitled report of a rule entitled ‘‘Eliminating Un- ment, and Sanctions movement say their ‘‘Safety Zone; Delaware River Rock Blast- necessary Requirements for Hog Carcasses goal is to eliminate Israel as the home of the ing, Marcus Hook, PA’’ ((RIN1625–AA00) Cleaning’’ (RIN0583–AD68) received in the Of- Jewish people, and signs and messaging at (Docket No. USCG–2019–0031)) received dur- fice of the President of the Senate on Feb- anti-Israel rallies have adopted the Boycott, ing adjournment of the Senate in the Office ruary 13, 2019; to the Committee on Agri- Divestment, and Sanctions movement’s of the President of the Senate on February culture, Nutrition, and Forestry. theme slogan, ‘‘Palestine forever, Israel 22, 2019; to the Committee on Commerce, EC–394. A communication from the Pro- Never Ever’’ meaning that the State of Israel Science, and Transportation. gram Analyst, National Highway Traffic would cease to exist, falsely denying the EC–386. A communication from the Deputy Safety Administration, Department of Jewish people’s and Israel’s historical con- Assistant Administrator for Regulatory Pro- Transportation, transmitting, pursuant to nection to its ancient home in the Land of grams, National Marine Fisheries Service, law, the report of a rule entitled ‘‘Transfer Israel, including the present day State of Department of Commerce, transmitting, pur- and Sanction Programs’’ (RIN2127–AL45) re- Israel, and Jerusalem, Judea, and Samaria, suant to law, the report of a rule entitled ceived during adjournment of the Senate in which were the heartland of the ancient na- ‘‘Taking and Importing Marine Mammals; the Office of the President of the Senate on tions of Israel and Judah; and Taking Marine Mammals Incidental to the February 15, 2019; to the Committee on Envi- Whereas, Ohio’s elected representatives U.S. Navy Training and Testing Activities in ronment and Public Works. who defend the inalienable right to free the Hawaii-Southern California Training and speech understand that the goals and activi- f Testing Study Areas’’ (RIN0648–BH29) re- ties of Boycott, Divestment, and Sanctions ceived in the Office of the President of the PETITIONS AND MEMORIALS campaigns in Ohio are harmful to the State’s relationships with Ohio’s Jewish citizens, Senate on February 13, 2019; to the Com- The following petition or memorial mittee on Commerce, Science, and Transpor- with Ohio’s non-Jewish citizens who support tation. was laid before the Senate and was re- the State of Israel and the Jewish people, EC–387. A communication from the Attor- ferred or ordered to lie on the table as and with the Jewish homeland, Israel, and ney-Advisor, U.S. Coast Guard, Department indicated: have a deleterious impact on the educational of Homeland Security, transmitting, pursu- POM–6. A concurrent resolution adopted environment; and Whereas, the Boycott, Divestment, and ant to law, the report of a rule entitled by the General Assembly of the State of Ohio Sanctions campaign’s call for academic boy- ‘‘Safety Zone; Lower Mississippi River, Mile condemning the Boycott, Divestment, and cotts has been condemned by many of our Markers 99.3 to 100.3 Above Head of Passes, Sanctions movement and the increasing New Orleans, LA’’ ((RIN1625–AA00) (Docket nation’s largest academic associations, over incidences of anti-Semitism; to the Com- two hundred fifty university presidents, and No. USCG–2018–1108)) received in the Office of mittee on Foreign Relations. the President of the Senate on February 13, many other leading scholars as a violation of HOUSE CONCURRENT RESOLUTION NO. 10 2019; to the Committee on Commerce, the bedrock principle of academic freedom; Science, and Transportation. Whereas, the citizens of the State of Ohio and EC–388. A communication from the Attor- have a history of standing against bigotry, Whereas, the members of the General As- sembly condemn all groups, including white ney-Advisor, U.S. Coast Guard, Department oppression, discrimination, and injustice; nationalist, neo-Nazi, and national socialist of Homeland Security, transmitting, pursu- and groups, that promote hatred, religious perse- ant to law, the report of a rule entitled Whereas, Ohio and Israel have a long his- cution, or violence towards others; Now ‘‘Safety Zone; Puget Sound, Tacoma, WA’’ tory of friendship and are great allies in sup- port of each other’s interests; and therefore be it ((RIN1625–AA87) (Docket No. USCG–2018– Resolved, That the members of the General 1082)) received in the Office of the President Whereas, the State of Israel, the only de- mocracy in the Middle East, is the greatest Assembly condemn the international Boy- of the Senate on February 13, 2019; to the cott, Divestment, and Sanctions movement Committee on Commerce, Science, and friend and ally of the United States in the Middle East; and and its activities in Ohio for legitimizing Transportation. anti-Semitism and for seeking to undermine EC–389. A communication from the Attor- Whereas, Ohio is committed to increasing the ties and interactions in business, govern- the Jewish people’s right to self-determina- ney-Advisor, U.S. Coast Guard, Department tion, which they are fulfilling in the State of of Homeland Security, transmitting, pursu- ment, the arts, culture, and education be- tween the State of Ohio and the State of Israel; and be it further ant to law, the report of a rule entitled Resolved, That the members of the General Israel, further strengthening the historic ‘‘Safety Zone; Tumon Bay, Tumon, GU’’ Assembly condemn activities that con- ties between our State and that country; and ((RIN1625–AA00) (Docket No. USCG–2018– tribute directly or indirectly to the denial, Whereas, ties between Ohio’s and Israel’s 0864)) received in the Office of the President violation, or delegitimization of any people’s academic, research, business, and nonprofit of the Senate on February 13, 2019; to the academic freedom, including, but not limited communities are both robust and long- Committee on Commerce, Science, and to, promotion of academic boycotts by the Transportation. standing; and Boycott, Divestment, and Sanctions move- EC–390. A communication from the Attor- Whereas, the elected representatives of ment against Israel; and be it further ney-Advisor, U.S. Coast Guard, Department Ohio recognize the importance of expressing Resolved, That the members of the General of Homeland Security, transmitting, pursu- their unabridged support for the Jewish peo- Assembly consider the international Boy- ant to law, the report of a rule entitled ple and the State of Israel’s right to exist cott, Divestment, and Sanctions movement ‘‘Safety Zone for Fireworks Display; Spa and thrive, and their unabridged support for and its agenda inherently antithetical and Creek, Annapolis, MD’’ ((RIN1625–AA00) Israel’s right of self-defense; and deeply damaging to the causes of peace, jus- (Docket No. USCG–2018–1021)) received in the Whereas, there are increasing incidents of tice, equality, democracy, and human rights Office of the President of the Senate on Feb- anti-Semitism around the world, including for all peoples in the Middle East and in the ruary 13, 2019; to the Committee on Com- across the United States and in Ohio, includ- United States; and be it further merce, Science, and Transportation. ing desecration of Jewish religious sites; and Resolved, That we, the members of the EC–391. A communication from the Attor- Whereas, the international Boycott, Di- 132nd General Assembly of the State of Ohio, ney-Advisor, U.S. Coast Guard, Department vestment, and Sanctions movement is one of reaffirm our support for the State of Israel, of Homeland Security, transmitting, pursu- the main vehicles for legitimizing anti-Semi- recognize that the Jewish people are indige- ant to law, the report of a rule entitled tism on campus and advocating the elimi- nous to the land of Israel, condemn all at- ‘‘Safety Zone; Sacramento New Year’s Eve nation of the Jewish State; and tacks on the people of Israel, support Israel’s Fireworks Display, Sacramento River, Sac- Whereas, anti-Israel activities and activi- right to engage in lawful acts of self-defense, ramento, CA’’ ((RIN1625–AA00) (Docket No. ties promoting the Boycott, Divestment, and and oppose all attempts to deny the legit- USCG–2018–1089)) received in the Office of the Sanctions movement against Israel are wide- imacy of Israel as a sovereign state; and be President of the Senate on February 13, 2019; spread in the State of Ohio, including on sev- it further to the Committee on Commerce, Science, eral university campuses and in other Ohio Resolved, That we, the members of the and Transportation. communities, and contribute to anti-Semitic 132nd General Assembly of the State of Ohio, EC–392. A communication from the Attor- and anti-Zionistic propaganda and threats to reaffirm our position that the trustees, ad- ney-Advisor, U.S. Coast Guard, Department both American and Israeli Jewish students, ministrators, and educators at all levels in of Homeland Security, transmitting, pursu- and result in deliberate interference with the our universities in Ohio, must take an active ant to law, the report of a rule entitled learning environment of all students; and stand against all anti-Semitic actions and ‘‘Safety Zone; Queen Mary Fireworks Event; Whereas, the dramatic increase in Boycott, intimidation taken against Jewish students Long Beach, California’’ ((RIN1625–AA00) Divestment, and Sanctions campaign activi- on their campuses, whereby all students may (Docket No. USCG–2018–1079)) received in the ties on college campuses around the country feel safe, and be safe, from harm due to these Office of the President of the Senate on Feb- has resulted in increased animosity and in- pernicious activities; and be it further

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.012 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1491 Resolved, That the members of the General ceived by the Senate and appeared in the Air Force nomination of Tolulope O. A. Assembly encourage and support the exercise Congressional Record on January 24, 2019. Aduroja, to be Lieutenant Colonel. of free speech and civil debate, particularly Air Force nominations beginning with Air Force nomination of Erick L. Jackson, on college campuses, and further encourage Craig K. Abee and ending with Carol A. to be Major. university and college administrations to Yeager, which nominations were received by Army nomination of James B. Flowers, to curb any impediments to free speech and any the Senate and appeared in the Congres- be Colonel. abridgment of free speech on campus by any sional Record on January 24, 2019. Army nomination of Dylan T. Randazzo, to individuals or groups, and urge them to take Air Force nominations beginning with Mi- be Colonel. disciplinary action against all students, fac- chael J. Chung and ending with Bradley J. Army nomination of Jerry D. Hallman, to ulty, and administrators who engage in ac- Pierson, which nominations were received by be Colonel. tions that abridge free speech on campus in the Senate and appeared in the Congres- Army nomination of Christopher P. violation of the First Amendment to the sional Record on January 24, 2019. Moellering, to be Major. Constitution of the United States; and be it Air Force nomination of Robert T. Hines, Army nomination of Joubert N. Paulino, further Jr., to be Lieutenant Colonel. to be Major. Resolved, That the Clerk of the House of Air Force nominations beginning with Army nomination of Saw K. San, to be Representatives transmit duly authenticated Marc A. Banjak and ending with Jennifer C. Major. copies of this resolution to the President of Whitko, which nominations were received by Army nominations beginning with Rebecca the United States, the Speaker and Clerk of the Senate and appeared in the Congres- J. Quackenbush and ending with David A. the United States House of Representatives, sional Record on January 24, 2019. Watkins, which nominations were received the President and Secretary of the United Air Force nominations beginning with by the Senate and appeared in the Congres- States Senate, the Chancellor of Higher Edu- Dennis M. Britten and ending with Kristen sional Record on January 24, 2019. cation and each of the nine members of the Marie Wyrick, which nominations were re- Army nomination of Stacie L. Kervin, to Ohio Board of Regents, the provosts and ceived by the Senate and appeared in the be Major. chairpersons of the boards of trustees of all Congressional Record on January 24, 2019. Army nomination of Brian R. Kossler, to Ohio public and private colleges and univer- Air Force nominations beginning with be Major. sities, and the Israeli Embassy in Wash- Jason G. Arnold and ending with Carrie A. Army nomination of Katherine A. O’Brien, ington, D.C., for transmission to the proper Schmid, which nominations were received by to be Major. authorities in the State of Israel. the Senate and appeared in the Congres- Army nomination of Jessica N. sional Record on January 24, 2019. Peralesludemann, to be Major. f Air Force nominations beginning with Army nomination of Julia C. Phillips, to David P. Bailey and ending with Amy S. be Major. EXECUTIVE REPORTS OF Swets, which nominations were received by Army nomination of Alain M. Alexandre, COMMITTEES the Senate and appeared in the Congres- to be Major. The following executive reports of sional Record on January 24, 2019. Army nomination of Taliat A. nominations were submitted: Air Force nominations beginning with Animashaun, to be Major. Kimberly J. Kloeber and ending with Marsha Army nomination of G010349, to be Major. By Mr. INHOFE for the Committee on L. Schuman, which nominations were re- Army nomination of Jordanna M. Hostler, Armed Services. ceived by the Senate and appeared in the to be Lieutenant Colonel. Army nomination of Lt. Gen. Michael X. Congressional Record on January 24, 2019. Army nomination of Elizabeth N. Strick- Garrett, to be General. Air Force nomination of Joyce C. Beaty, to land, to be Major. Air Force nomination of Col. Timothy J. be Colonel. Army nomination of Shawn M. T. May, to Donnellan, to be Brigadier General. Air Force nominations beginning with be Major. Air Force nomination of Col. Stephen J. Timothy S. Mccarty and ending with Teresa Army nomination of Kyle A. Zahn, to be Mallette, to be Brigadier General. M. Starks, which nominations were received Major. Navy nominations beginning with Capt. by the Senate and appeared in the Congres- Army nomination of Joseph J. Fantony, to Scott M. Brown and ending with Capt. Eric sional Record on January 24, 2019. be Major. H. Verhage, which nominations were re- Air Force nominations beginning with Jen- Army nomination of Chariti D. Paden, to ceived by the Senate and appeared in the nifer J. Archer and ending with Lawrence D. be Major. Congressional Record on January 30, 2019. Peavler, which nominations were received by Army nomination of Donald W. Rakes, to Navy nominations beginning with Capt. the Senate and appeared in the Congres- be Colonel. Jeffrey T. Anderson and ending with Capt. sional Record on January 24, 2019. Army nominations beginning with Ronnie Jeromy B. Williams, which nominations Air Force nominations beginning with An- S. Barnes and ending with Francis R. Mont- were received by the Senate and appeared in drew T. Allen and ending with Assy Yacoub, gomery, which nominations were received by the Congressional Record on January 30, which nominations were received by the Sen- the Senate and appeared in the Congres- 2019. ate and appeared in the Congressional sional Record on February 12, 2019. Air Force nomination of Lt. Gen. VeraLinn Record on January 24, 2019. Army nomination of Charles A. Riley, to Jamieson, to be Lieutenant General. Air Force nominations beginning with be Major. Mr. INHOFE. Mr. President, for the Elham Barani and ending with Brandon H. Army nomination of Richard S. McNutt, to Committee on Armed Services I report Williams, which nominations were received be Major. favorably the following nomination by the Senate and appeared in the Congres- Army nomination of Lloyd V. Lozada, to sional Record on January 24, 2019. be Major. lists which were printed in the Air Force nominations beginning with Army nominations beginning with Julio RECORDS on the dates indicated, and Homayoun R. Ahmadian and ending with Joe Acosta and ending with April L. Sapp, which ask unanimous consent, to save the ex- X. Zhang, which nominations were received nominations were received by the Senate and pense of reprinting on the Executive by the Senate and appeared in the Congres- appeared in the Congressional Record on Calendar that these nominations lie at sional Record on January 24, 2019. February 12, 2019. the Secretary’s desk for the informa- Air Force nominations beginning with Marine Corps nomination of Matthew T. tion of Senators. Francis E. Becker and ending with Brent J. Coughlin, to be Colonel. Marine Corps nomination of Bethanne The PRESIDING OFFICER. Without Winward, which nominations were received by the Senate and appeared in the Congres- Canero, to be Lieutenant Colonel. objection, it is so ordered. sional Record on January 24, 2019. Marine Corps nominations beginning with Air Force nomination of Jason D. Hoskins, Air Force nominations beginning with Kevin T. Brownlee and ending with Daniel L. to be Lieutenant Colonel. Margaret E. Abbott and ending with Jeffrey Youmans, which nominations were received Air Force nominations beginning with C. Yee, which nominations were received by by the Senate and appeared in the Congres- Nancy E. Costa and ending with Alexander O. the Senate and appeared in the Congres- sional Record on January 24, 2019. Kirkpatrick, which nominations were re- sional Record on January 24, 2019. Marine Corps nominations beginning with ceived by the Senate and appeared in the Air Force nominations beginning with Jo- Kevin F. Champaigne and ending with John Congressional Record on January 24, 2019. seph L. Abrams and ending with Alyssa R. C. Johnson, which nominations were re- Air Force nomination of Saiprasad M. Zuehl, which nominations were received by ceived by the Senate and appeared in the Zemse, to be Major. the Senate and appeared in the Congres- Congressional Record on January 24, 2019. Air Force nominations beginning with Jef- sional Record on January 24, 2019. Marine Corps nominations beginning with frey Wayne Akin and ending with Steven S. Air Force nomination of Katherine R. Aaron J. Griffus and ending with Jeremiah Zasueta, which nominations were received Morganti, to be Colonel. J. Zeiszler, which nominations were received by the Senate and appeared in the Congres- Air Force nominations beginning with Pat- by the Senate and appeared in the Congres- sional Record on January 24, 2019. rick N. Westmoreland and ending with Aaron sional Record on January 24, 2019. Air Force nominations beginning with J. Lippy, which nominations were received Marine Corps nominations beginning with David C. Salisbury and ending with Robert by the Senate and appeared in the Congres- Daniel H. Cusinato and ending with Eduardo L. Wilkie, Jr., which nominations were re- sional Record on February 6, 2019. Quiroz, which nominations were received by

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the Senate and appeared in the Congres- *Robert Hunter Kurtz, of Virginia, to be an BLUMENTHAL, Mr. WYDEN, Mr. MAR- sional Record on January 24, 2019. Assistant Secretary of Housing and Urban KEY, Mr. BENNET, Ms. DUCKWORTH, Marine Corps nominations beginning with Development. Mr. SANDERS, Ms. SMITH, Ms. WAR- Armando A. Freire and ending with Andrew *Bimal Patel, of Georgia, to be an Assist- REN, Mr. BOOKER, Ms. KLOBUCHAR, J. Shriver, which nominations were received ant Secretary of the Treasury. Mrs. GILLIBRAND, Mr. KAINE, and Mr. by the Senate and appeared in the Congres- *Judith DelZoppo Pryor, of Ohio, to be a CARPER): sional Record on January 24, 2019. Member of the Board of Directors of the Ex- S. 557. A bill to reunite families separated Marine Corps nomination of Stephen R. port-Import Bank of the United States for a at or near ports of entry; to the Committee Byrnes, to be Lieutenant Colonel. term expiring January 20, 2021. on the Judiciary. Marine Corps nominations beginning with *Kimberly A. Reed, of West Virginia, to be By Mr. MARKEY (for himself, Mr. Herman E. Holley and ending with Brian E. President of the Export-Import Bank of the SASSE, Mr. BLUNT, Mr. SCHATZ, Ms. Kelly, which nominations were received by United States for a term expiring January COLLINS, and Mr. BENNET): the Senate and appeared in the Congres- 20, 2021. S. 558. A bill to amend the Public Health sional Record on January 24, 2019. *Todd M. Harper, of Virginia, to be a Mem- Service Act to authorize a program on chil- Marine Corps nominations beginning with ber of the National Credit Union Administra- dren and the media within the National In- Darren M. Gallagher and ending with Austin tion Board for a term expiring April 10, 2021. stitutes of Health to study the health and de- E. Wren, which nominations were received *Nomination was reported with rec- velopmental effects of technology on infants, by the Senate and appeared in the Congres- ommendation that it be confirmed sub- children, and adolescents; to the Committee sional Record on January 24, 2019. ject to the nominee’s commitment to on Health, Education, Labor, and Pensions. Marine Corps nominations beginning with respond to requests to appear and tes- By Mr. TESTER (for himself, Ms. MCSALLY, Mr. MARKEY, Mr. Alexander N. Abate and ending with Joseph tify before any duly constituted com- A. Zukowski, Jr., which nominations were BLUMENTHAL, Ms. WARREN, Mr. received by the Senate and appeared in the mittee of the Senate. WHITEHOUSE, Mr. VAN HOLLEN, Mr. Congressional Record on January 24, 2019. (Nominations without an asterisk COONS, and Mr. BOOKER): Marine Corps nominations beginning with were reported with the recommenda- S. 559. A bill to amend the Family and German Alicealapuerta and ending with tion that they be confirmed.) Medical Leave Act of 1993 to provide leave Lydia A. Simons, which nominations were f because of the death of a son or daughter; to received by the Senate and appeared in the the Committee on Health, Education, Labor, Congressional Record on January 24, 2019. INTRODUCTION OF BILLS AND and Pensions. Marine Corps nominations beginning with JOINT RESOLUTIONS By Ms. BALDWIN (for herself, Ms. Eric J. Adams and ending with Wayne R. The following bills and joint resolu- ERNST, Ms. MURKOWSKI, and Mr. BROWN): Zuber, which nominations were received by tions were introduced, read the first the Senate and appeared in the Congres- S. 560. A bill to amend the Public Health sional Record on January 24, 2019. and second times by unanimous con- Service Act, the Employee Retirement In- Marine Corps nomination of Joseph W. sent, and referred as indicated: come Security Act of 1974, and the Internal Crandall, to be Colonel. By Ms. KLOBUCHAR (for herself and Revenue Code of 1986 to require that group Marine Corps nominations beginning with Mr. PERDUE): and individual health insurance coverage and Aaron S. Ellis and ending with Curtis B. Mil- S. 552. A bill to amend the Commodity Ex- group health plans provide coverage for ler, which nominations were received by the change Act to exempt certain charitable or- treatment of a congenital anomaly or birth Senate and appeared in the Congressional ganizations from regulation as commodity defect; to the Committee on Health, Edu- Record on January 24, 2019. pool operators, and for other purposes; to the cation, Labor, and Pensions. Marine Corps nomination of Justin D. Committee on Agriculture, Nutrition, and By Mr. LEAHY (for himself, Mr. DUR- Mosley, to be Major. Forestry. BIN, Mrs. FEINSTEIN, Mr. JONES, Mr. Marine Corps nominations beginning with By Mr. YOUNG (for himself and Mr. SCHUMER, Mr. COONS, Ms. HARRIS, Mr. Andres J. Agramonte and ending with Ross MARKEY): WHITEHOUSE, Mr. CASEY, Mr. KAINE, A. Hrynewych, which nominations were re- S. 553. A bill to direct the Secretary of Mr. BLUMENTHAL, Mr. REED, Mr. ceived by the Senate and appeared in the Commerce to establish a working group to BROWN, Ms. SMITH, Mr. MERKLEY, Mr. Congressional Record on January 24, 2019. recommend to Congress a definition of MARKEY, Ms. CANTWELL, Mr. MURPHY, Marine Corps nominations beginning with blockchain technology, and for other pur- Ms. BALDWIN, Ms. HASSAN, Mrs. MUR- Bethany S. Peterson and ending with Jon T. poses; to the Committee on Commerce, RAY, Mr. HEINRICH, Mr. WYDEN, Mr. Peterson, which nominations were received Science, and Transportation. BOOKER, Ms. HIRONO, Mr. KING, Mrs. by the Senate and appeared in the Congres- By Mr. UDALL (for himself and Mr. SHAHEEN, Mr. SANDERS, Mr. VAN HOL- sional Record on February 6, 2019. SULLIVAN): LEN, Ms. CORTEZ MASTO, Mr. WARNER, Navy nomination of Jessica M. P. Miller, S. 554. A bill to direct the Secretary of Vet- Ms. STABENOW, Mr. CARPER, Mr. to be Lieutenant Commander. erans Affairs to take actions necessary to CARDIN, Mr. MENENDEZ, Mr. UDALL, Navy nomination of Rosemary M. ensure that certain individuals may update Mr. BENNET, Mr. SCHATZ, Mrs. GILLI- Hardesty, to be Lieutenant Commander. the burn pit registry with the cause of death BRAND, Ms. WARREN, Ms. DUCKWORTH, Navy nomination of Brett T. Thomas, to be of a registered individual, and for other pur- Ms. KLOBUCHAR, Ms. ROSEN, Mr. Lieutenant Commander. poses; to the Committee on Veterans’ Af- TESTER, Mr. PETERS, and Ms. Navy nominations beginning with Scott A. fairs. SINEMA): Adams and ending with Bret A. Yount, which By Ms. SMITH (for herself, Mr. TILLIS, S. 561. A bill to amend the Voting Rights nominations were received by the Senate and Ms. WARREN, Mr. MERKLEY, Ms. COL- Act of 1965 to revise the criteria for deter- appeared in the Congressional Record on LINS, Ms. KLOBUCHAR, Mr. LEAHY, Ms. mining which States and political subdivi- February 6, 2019. BALDWIN, Mr. WYDEN, Mr. TESTER, sions are subject to section 4 of the Act, and Navy nominations beginning with Peter D. Mr. COONS, Ms. HARRIS, Ms. HIRONO, for other purposes; to the Committee on the Allen and ending with Robert D. Williams, Mr. MARKEY, and Mr. KING): Judiciary. which nominations were received by the Sen- S. 555. A bill to amend title 38, United By Ms. DUCKWORTH (for herself, Ms. ate and appeared in the Congressional States Code, to provide for the treatment of MURKOWSKI, Ms. KLOBUCHAR, and Mr. Record on February 12, 2019. veterans who participated in the cleanup of BROWN): By Mr. CRAPO for the Committee on Enewetak Atoll as radiation exposed vet- S. 562. A bill to amend title XVIII of the Banking, Housing, and Urban Affairs. erans for purposes of the presumption of Social Security Act to provide coverage for *Mark Anthony Calabria, of Virginia, to be service-connection of certain disabilities by custom fabricated breast prostheses fol- Director of the Federal Housing Finance the Secretary of Veterans Affairs, and for lowing a mastectomy; to the Committee on Agency for a term of five years. other purposes; to the Committee on Vet- Finance. *Seth Daniel Appleton, of Missouri, to be erans’ Affairs. By Ms. DUCKWORTH (for herself and an Assistant Secretary of Housing and Urban By Mr. GRASSLEY (for himself, Mr. Mr. PERDUE): Development. COTTON, Mrs. CAPITO, Ms. ERNST, S. 563. A bill to amend title 23, United *Spencer Bachus III, of Alabama, to be a Mrs. BLACKBURN, Mr. INHOFE, Mr. States Code, to allow airport projects to be Member of the Board of Directors of the Ex- LANKFORD, Mr. BOOZMAN, Mr. eligible to participate in the TIFIA program, port-Import Bank of the United States for a PERDUE, Mr. ENZI, Mrs. HYDE-SMITH, and for other purposes; to the Committee on term expiring January 20, 2023. Mr. LEE, Mr. WICKER, and Mr. Environment and Public Works. *Dino Falaschetti, of Montana, to be Direc- THUNE): By Mr. PETERS (for himself and Mr. tor, Office of Financial Research, Depart- S. 556. A bill to expand the use of E–Verify, BURR): ment of the Treasury, for a term of six years. to hold employers accountable, and for other S. 564. A bill to establish a task force to *Rodney Hood, of North Carolina, to be a purposes; to the Committee on the Judici- identify countervailable subsidies and dump- Member of the National Credit Union Admin- ary. ing; to the Committee on Finance. istration Board for a term expiring August 2, By Ms. HARRIS (for herself, Mr. By Ms. ERNST (for herself, Mr. BRAUN, 2023. MERKLEY, Ms. CORTEZ MASTO, Mr. and Mr. PAUL):

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.023 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1493 S. 565. A bill to require the Director of the S. Res. 78. A resolution recognizing the na- Inspiring School Employees (RISE) Office of Management and Budget to submit tional debt as a threat to national security; Program recognizing excellence exhib- to Congress an annual report on projects to the Committee on Finance. ited by classified school employees pro- that are over budget and behind schedule, By Mr. KAINE (for himself, Mr. viding services to students in pre- and for other purposes; to the Committee on PORTMAN, Ms. BALDWIN, Mr. YOUNG, Homeland Security and Governmental Af- Mr. BARRASSO, Mr. BENNET, Mrs. kindergarten through high school. fairs. BLACKBURN, Mr. BLUMENTHAL, Mr. S. 343 By Mr. JONES (for himself and Mr. BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. At the request of Mr. BARRASSO, the KENNEDY): CANTWELL, Mrs. CAPITO, Mr. CARPER, name of the Senator from Iowa (Ms. S. 566. A bill to amend the Securities and Mr. CASEY, Mr. COONS, Mr. CORNYN, ERNST) was added as a cosponsor of S. Exchange Act of 1934 to expand access to Ms. CORTEZ MASTO, Mr. DAINES, Ms. 343, a bill to amend the Internal Rev- capital for rural-area small businesses, and DUCKWORTH, Mr. DURBIN, Mr. ENZI, enue Code of 1986 to terminate the for other purposes; to the Committee on Mrs. FEINSTEIN, Ms. HARRIS, Ms. HAS- credit for new qualified plug-in electric Banking, Housing, and Urban Affairs. SAN, Ms. HIRONO, Mr. HOEVEN, Mrs. By Mr. CRUZ (for himself, Mr. COTTON, HYDE-SMITH, Mr. INHOFE, Mr. ISAK- drive motor vehicles and to provide for Mr. RUBIO, Mr. CRAMER, and Mr. GRA- SON, Mr. KING, Ms. KLOBUCHAR, Mr. a Federal highway user fee on alter- HAM): MANCHIN, Mr. MURPHY, Mrs. MURRAY, native fuel vehicles. S. 567. A bill clarifying that it is United Mr. PERDUE, Mr. PETERS, Mr. ROB- S. 362 States policy to recognize Israel’s sov- ERTS, Ms. ROSEN, Mr. ROUNDS, Mr. At the request of Mr. WYDEN, the ereignty over the Golan Heights; to the Com- SANDERS, Mrs. SHAHEEN, Ms. SMITH, names of the Senator from Arizona mittee on Foreign Relations. Ms. STABENOW, Mr. THUNE, Mr. (Ms. SINEMA), the Senator from Michi- By Mrs. MURRAY (for herself, Mr. TILLIS, Mr. VAN HOLLEN, Mr. WAR- CASEY, Ms. HIRONO, Ms. BALDWIN, Mr. NER, Mr. WICKER, Mr. WYDEN, and Ms. gan (Mr. PETERS), the Senator from BLUMENTHAL, Mr. BOOKER, Mr. ERNST): Wyoming (Mr. BARRASSO), the Senator BROWN, Ms. CANTWELL, Mr. CARDIN, S. Res. 79. A resolution supporting the from Georgia (Mr. ISAKSON) and the Mr. COONS, Ms. CORTEZ MASTO, Ms. goals and ideals of Career and Technical Senator from Nevada (Ms. CORTEZ DUCKWORTH, Mr. DURBIN, Mrs. FEIN- Education Month; considered and agreed to. MASTO) were added as cosponsors of S. STEIN, Mrs. GILLIBRAND, Ms. HARRIS, f 362, a bill to amend the Internal Rev- Ms. HASSAN, Ms. KLOBUCHAR, Mr. enue Code of 1986 to reform taxation of LEAHY, Mr. MARKEY, Mr. MENENDEZ, ADDITIONAL COSPONSORS alcoholic beverages. Mr. MERKLEY, Mr. MURPHY, Mr. S. 117 PETERS, Mr. REED, Ms. ROSEN, Mr. S. 447 At the request of Mr. SCHUMER, the SANDERS, Mr. SCHATZ, Mr. SCHUMER, At the request of Mr. MENENDEZ, the name of the Senator from Minnesota Ms. SMITH, Mr. UDALL, Mr. VAN HOL- name of the Senator from Michigan (Ms. KLOBUCHAR) was added as a co- LEN, Ms. WARREN, Mr. WHITEHOUSE, (Ms. STABENOW) was added as a cospon- and Mr. WYDEN): sponsor of S. 117, a bill to prohibit dis- sor of S. 447, a bill to regulate large ca- S. 568. A bill to amend the Child Care and crimination against individuals with pacity ammunition feeding devices. Development Block Grant Act of 1990 and the disabilities who need long-term serv- S. 499 Head Start Act to promote child care and ices and supports, and for other pur- At the request of Mr. CASSIDY, the early learning, and for other purposes; to the poses. Committee on Health, Education, Labor, and name of the Senator from Hawaii (Mr. S. 150 Pensions. SCHATZ) was added as a cosponsor of S. By Mr. YOUNG (for himself, Mr. At the request of Mr. SANDERS, the 499, a bill to amend the Outer Conti- TESTER, Mr. MORAN, Mr. MANCHIN, name of the Senator from Pennsyl- nental Shelf Lands Act to apply to ter- Mr. INHOFE, Mr. KING, and Mr. COT- vania (Mr. CASEY) was added as a co- ritories of the United States, to estab- TON): sponsor of S. 150, a bill to provide for lish offshore wind lease sale require- S. 569. A bill to direct the Secretary of increases in the Federal minimum ments, to provide dedicated funding for Transportation to issue regulations relating wage, and for other purposes. to commercial motor vehicle drivers under coral reef conservation, and for other S. 172 the age of 21, and for other purposes; to the purposes. Committee on Commerce, Science, and At the request of Mr. GARDNER, the S. 500 Transportation. names of the Senator from South Da- At the request of Mr. WARNER, the By Mr. MARKEY (for himself, Mr. kota (Mr. ROUNDS) and the Senator name of the Senator from Oregon (Mr. BLUMENTHAL, Ms. BALDWIN, Mr. KING, from Missouri (Mr. BLUNT) were added MERKLEY) was added as a cosponsor of Mr. VAN HOLLEN, Ms. SMITH, and Ms. as cosponsors of S. 172, a bill to delay KLOBUCHAR): S. 500, a bill to amend title 54, United the reimposition of the annual fee on States Code, to establish, fund, and S. 570. A bill to conduct or support further health insurance providers until after comprehensive research for the creation of a provide for the use of amounts in a Na- universal influenza vaccine; to the Com- 2021. tional Park Service Legacy Restora- mittee on Health, Education, Labor, and S. 227 tion Fund to address the maintenance Pensions. At the request of Ms. MURKOWSKI, the backlog of the National Park Service, By Mr. MERKLEY (for himself and Ms. name of the Senator from Oregon (Mr. and for other purposes. SMITH): WYDEN) was added as a cosponsor of S. At the request of Mr. PORTMAN, the S. 571. A bill to provide the Bureau of Con- 227, a bill to direct the Attorney Gen- name of the Senator from Oregon (Mr. sumer Financial Protection with the author- eral to review, revise, and develop law ity to regulate land contracts, and for other WYDEN) was added as a cosponsor of S. purposes; to the Committee on Banking, enforcement and justice protocols ap- 500, supra. Housing, and Urban Affairs. propriate to address missing and mur- S. 504 By Mr. PERDUE (for himself, Mr. dered Indians, and for other purposes. At the request of Ms. SINEMA, the JONES, Mr. ISAKSON, Mr. RUBIO, Mr. S. 317 name of the Senator from Idaho (Mr. SCOTT of Florida, Mr. TILLIS, Mr. At the request of Mr. GRASSLEY, the RISCH) was added as a cosponsor of S. SULLIVAN, and Mr. SCOTT of South name of the Senator from Virginia (Mr. 504, a bill to amend title 36, United Carolina): S. 572. A bill to provide for additional sup- KAINE) was added as a cosponsor of S. States Code, to authorize The Amer- plemental appropriations for disaster relief; 317, a bill to amend title XIX of the So- ican Legion to determine the require- to the Committee on Appropriations. cial Security Act to provide States ments for membership in The Amer- with the option of providing coordi- f ican Legion, and for other purposes. nated care for children with complex S. 510 SUBMISSION OF CONCURRENT AND medical conditions through a health At the request of Mr. MARKEY, the SENATE RESOLUTIONS home. name of the Senator from Oregon (Mr. The following concurrent resolutions S. 323 MERKLEY) was added as a cosponsor of and Senate resolutions were read, and At the request of Mrs. MURRAY, the S. 510, a bill to amend the Communica- referred (or acted upon), as indicated: name of the Senator from Ohio (Mr. tions Act of 1934 to provide for certain By Mr. PERDUE (for himself, Ms. BROWN) was added as a cosponsor of S. requirements relating to charges for ERNST, Mr. LANKFORD, Mr. MORAN, 323, a bill to direct the Secretary of internet, television, and voice services, Mr. ROUNDS, and Mr. SASSE): Education to establish the Recognition and for other purposes.

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.017 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1494 CONGRESSIONAL RECORD — SENATE February 26, 2019 S.J. RES. 7 mother, I understand the difficult deci- $22,000,000,000,000, resulting in a total inter- At the request of Mr. SANDERS, the sions families have to make every day est expense of more than $192,000,000,000 for name of the Senator from Minnesota to survive. I have experienced these fiscal year 2019; challenges firsthand. Yet, all these Whereas, on December 21, 2018, the total (Ms. KLOBUCHAR) was added as a co- public debt as a percentage of gross domestic sponsor of S.J. Res. 7, a joint resolu- years later, for many Hawaii families, product was 104 percent; tion to direct the removal of United child care costs exceed all other ex- Whereas the last balanced Federal budget States Armed Forces from hostilities penses besides housing. was signed into law in 1997; in the Republic of Yemen that have not On average, Hawaii parents can ex- Whereas, in fiscal year 2018, Federal tax re- been authorized by Congress. pect to pay $8,280 per year, or $690 per ceipts totaled $3,329,000,000,000, but Federal month, in child care expenses. These outlays totaled $4,108,000,000,000, leaving the S. CON. RES. 5 costs are 25 percent higher than they Federal Government with a 1-year deficit of At the request of Mr. BARRASSO, the were just a decade ago, but wages have $779,000,000,000; names of the Senator from Wyoming hardly kept pace. As a result, Hawaii Whereas, every year since the last bal- (Mr. ENZI) and the Senator from Mon- families will dedicate around 11 per- anced Federal budget was signed in 1997, tana (Mr. DAINES) were added as co- Congress has failed to maintain a fiscally re- cent of their family budget to child sponsible budget and has typically relied on sponsors of S. Con. Res. 5, a concurrent care—exceeding the government’s resolution supporting the Local Radio raising the debt ceiling; standard for affordable care. Whereas the Social Security and Medicare Freedom Act. Unfortunately, even for families that Boards of Trustees project that the Federal S. RES. 74 can afford child care, finding that need- Hospital Insurance Trust Fund will be de- At the request of Mr. PORTMAN, the ed care may be difficult. This is be- pleted in 2026; name of the Senator from New Jersey cause our early childhood educators Whereas the Social Security and Medicare (Mr. BOOKER) was added as a cosponsor and child care workers are overworked Boards of Trustees project that the Federal of S. Res. 74, a resolution marking the and underpaid. In addition, there is a Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust fifth anniversary of Ukraine’s Revolu- severe need for more facilities to ac- Fund will be depleted in 2034; tion of Dignity by honoring the brav- commodate the families that need Whereas the credit rating of the United ery, determination, and sacrifice of the them. The need is great, and that is States was reduced by Standard and Poor’s people of Ukraine during and since the why the Child Care for Working Fami- from AAA to AA+ on August 5, 2011, and has Revolution, and condemning continued lies Act is so important. This legisla- remained at that level since that date; Russian aggression against Ukraine. tion will make sure working families Whereas, without a targeted effort to bal- have access to high-quality, affordable ance the Federal budget, the credit rating of f early childhood programs. the United States is certain to continue to STATEMENTS ON INTRODUCED Specifically, the bill expands the ex- fall; BILLS AND JOINT RESOLUTIONS isting Child Care and Development Whereas the National Security Strategy Block Grant program to guarantee issued by President Donald Trump highlights By Mrs. MURRAY (for herself, the need to reduce the national debt through that working and middle class families Mr. CASEY, Ms. HIRONO, Ms. fiscal responsibility; have access to affordable child care— BALDWIN, Mr. BLUMENTHAL, Mr. Whereas, on April 12, 2018, former Sec- ensuring that these families do not BOOKER, Mr. BROWN, Ms. CANT- retary of Defense James Mattis warned that have to pay more than 7 percent of ‘‘any Nation that can’t keep its fiscal house WELL, Mr. CARDIN, Mr. COONS, their income toward care, regardless of in order eventually cannot maintain its mili- Ms. CORTEZ MASTO, Ms. how many children they have. tary power’’; DUCKWORTH, Mr. DURBIN, Mrs. The bill also expands Head Start to Whereas, on March 6, 2018, Director of Na- FEINSTEIN, Mrs. GILLIBRAND, promote universal preschool for young tional Intelligence Dan Coats warned: ‘‘Our Ms. HARRIS, Ms. HASSAN, Ms. children. continued plunge into debt is unsustainable KLOBUCHAR, Mr. LEAHY, Mr. Additionally, the bill also addresses and represents a dire future threat to our MARKEY, Mr. MENENDEZ, Mr. the need to support our early childhood economy and to our national security’’; Whereas, on November 15, 2017, former Sec- MERKLEY, Mr. MURPHY, Mr. workers by making sure teachers, care retaries of Defense Leon Panetta, Ash Car- PETERS, Mr. REED, Ms. ROSEN, givers, and other workers responsible ter, and Chuck Hagel warned: ‘‘Increase in Mr. SANDERS, Mr. SCHATZ, Mr. for our children are fairly-compensated the debt will, in the absence of a comprehen- SCHUMER, Ms. SMITH, Mr. and fully-supported with training and sive budget that addresses both entitlements UDALL, Mr. VAN HOLLEN, Ms. professional development opportuni- and revenues, force even deeper reductions in WARREN, Mr. WHITEHOUSE, and ties. our national security capabilities’’; and Mr. WYDEN): These are the core provisions of the Whereas, on September 22, 2011, former S. 568. A bill to amend the Child Care bill, which represents an essential in- Chairman of the Joint Chiefs of Staff Mi- and Development Block Grant Act of vestment in the stability and pros- chael Mullen warned: ‘‘I believe the single, 1990 and the Head Start Act to promote perity of working families in Hawaii biggest threat to our national security is debt’’: Now, therefore, be it child care and early learning, and for and across our Nation. Every family Resolved, That the Senate— other purposes; to the Committee on deserves access to high-quality, afford- (1) recognizes that the national debt is a Health, Education, Labor, and Pen- able early childhood programs, and we threat to the national security of the United sions. will continue fighting to make child States; Ms. HIRONO. Mr. President, I come care more affordable for all children. (2) realizes that deficits are unsustainable, to the floor today to express my sup- I thank my colleagues for their con- irresponsible, and dangerous; and port for the Child Care for Working tinued support in this effort, and urge (3) commits to addressing the fiscal crisis faced by the United States. Families Act, which I was proud to in- support for this important legislation. troduce earlier this afternoon with f f Senators MURRAY, CASEY, and 30 of our SUBMITTED RESOLUTIONS SENATE RESOLUTION 79—SUP- Senate colleagues. PORTING THE GOALS AND We know that investments in early IDEALS OF CAREER AND TECH- childhood programs are foundational SENATE RESOLUTION 78—RECOG- NICAL EDUCATION MONTH for future academic and social success. NIZING THE NATIONAL DEBT AS Mr. KAINE (for himself, Mr. A THREAT TO NATIONAL SECU- Yet child care remains unaffordable for PORTMAN, Ms. BALDWIN, Mr. YOUNG, RITY too many working families in the Mr. BARRASSO, Mr. BENNET, Mrs. United States. Mr. PERDUE (for himself, Ms. ERNST, BLACKBURN, Mr. BLUMENTHAL, Mr. For parents worried about how to pay Mr. LANKFORD, Mr. MORAN, Mr. BOOZMAN, Mr. BRAUN, Mr. BROWN, Ms. for basic living expenses like housing, ROUNDS, and Mr. SASSE) submitted the CANTWELL, Mrs. CAPITO, Mr. CARPER, food, education, and transportation, in- following resolution; which was re- Mr. CASEY, Mr. COONS, Mr. CORNYN, Ms. creasing child care costs can place a ferred to the Committee on Finance: CORTEZ MASTO, Mr. DAINES, Ms. heavy burden on family budgets. S. RES. 78 DUCKWORTH, Mr. DURBIN, Mr. ENZI, As a young immigrant from Japan Whereas, in February 2019, the total public Mrs. FEINSTEIN, Ms. HARRIS, Ms. HAS- who was raised by a single, working debt outstanding was more than SAN, Ms. HIRONO, Mr. HOEVEN, Mrs.

VerDate Sep 11 2014 04:04 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.020 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE February 26, 2019 CONGRESSIONAL RECORD — SENATE S1495 HYDE-SMITH, Mr. INHOFE, Mr. ISAKSON, ondary and postsecondary CTE programs in velopment, student achievement, and Mr. KING, Ms. KLOBUCHAR, Mr. all 50 States, the District of Columbia, Puer- global competitiveness. Last year, Con- MANCHIN, Mr. MURPHY, Mrs. MURRAY, to Rico, the United States Virgin Islands, gress affirmed the importance of CTE and outlying areas; and Mr. PERDUE, Mr. PETERS, Mr. ROBERTS, by passing the Strengthening Career Whereas February 23, 2019, marks the 102d Ms. ROSEN, Mr. ROUNDS, Mr. SANDERS, anniversary of the signing of the Act of Feb- and Technical Education for the 21st Mrs. SHAHEEN, Ms. SMITH, Ms. STABE- ruary 23, 1917 (commonly known as the Century Act which supports CTE pro- NOW, Mr. THUNE, Mr. TILLIS, Mr. VAN ‘‘Smith-Hughes Vocational Education Act of grams in secondary and postsecondary HOLLEN, Mr. WARNER, Mr. WICKER, Mr. 1917’’) (39 Stat. 929, chapter 114), which was education. WYDEN, and Ms. ERNST) submitted the the first major Federal investment in sec- Today, with my Senate CTE Caucus following resolution; which was consid- ondary CTE and laid the foundation for the co-chairs Senator PORTMAN, Senator ered and agreed to: bipartisan, bicameral support for CTE that BALDWIN, and Senator YOUNG and 47 S. RES. 79 continues as of February 2019: Now, there- colleagues in the Senate, I am pleased fore, be it Whereas a competitive global economy re- Resolved, That the Senate— to introduce a bipartisan resolution to quires workers who are prepared for skilled (1) designates February 2019 as ‘‘Career and designate February as Career and professions; Technical Education Month’’ to celebrate ca- Technical Education (CTE) month. Whereas, in the next decade, an estimated reer and technical education across the CTE Month encourages students, par- 3,000,000 new workers will be needed in infra- United States; structure positions in the United States, in- ents, counselors, educators, and school (2) supports the goals and ideals of Career cluding in positions for designing, building, leaders to learn more about the diverse and Technical Education Month; and operating transportation, housing, utili- educational opportunities offered in (3) recognizes the importance of career and ties, and telecommunications facilities; technical education in preparing a well-edu- their communities, and recognize the Whereas career and technical education cated and skilled workforce in the United valuable role of CTE in developing a (referred to in this preamble as ‘‘CTE’’) en- States; and well-educated and highly skilled work- sures that competitive and skilled workers (4) encourages educators, guidance and ca- force in the United States. are ready, willing, and capable of holding reer development professionals, administra- jobs in high-wage, high-skill, and in-demand By formally recognizing CTE Month career fields such as science, technology, en- tors, and parents to promote career and through this resolution, it is our aim gineering, mathematics, nursing, allied technical education as a respected option for to raise greater awareness of the im- health, construction, information tech- students. portance of improving access to high- nology, energy sustainability, and many Mr. KAINE. Mr. President, our Na- quality CTE for millions of America’s other career fields that are vital in keeping tion’s continued economic progress and students and our nation’s ongoing eco- the United States competitive in the global the social mobility of our citizens are nomic competitiveness. economy; contingent on the education and skills f Whereas CTE helps the United States meet of the American workforce and its abil- the very real and immediate challenges of ity to adjust and fulfill the needs of the AUTHORITY FOR COMMITTEES TO economic development, student achieve- MEET ment, and global competitiveness; 21st century economy. Career and tech- Whereas the United States has 30,000,000 nical education (CTE) programs are an Mr. LANKFORD. Mr. President, I jobs with an average income of $55,000 per essential piece of every student’s edu- have 8 requests for committees to meet year that do not require a bachelor’s degree cation, providing them access to the during today’s session of the Senate. yet increasingly require some level of post- important knowledge, skills, and cre- They have the approval of the Majority secondary education; dentials needed to obtain careers in and Minority leaders. Whereas nearly 12,200,000 students are en- rapidly growing, high-demand fields. rolled in CTE across the country at the sec- Pursuant to rule XXVI, paragraph ondary and postsecondary levels, with CTE Today, approximately 12.2 million stu- 5(a), of the Standing Rules of the Sen- programs in thousands of CTE centers, com- dents across the Nation are enrolled in ate, the following committees are au- prehensive high schools, career academies, CTE programs offered by thousands of thorized to meet during today’s session and CTE high schools, and nearly 1,000 2-year career academies, comprehensive high of the Senate: colleges; schools, CTE high schools, community COMMITTEE ON ARMED SERVICES Whereas CTE matches employability skills colleges, and CTE centers. Through in- with workforce demand and provides rel- The Committee on Armed Services is tentionally designed applied learning, authorized to meet during the session evant academic and technical coursework these students gain workplace skills leading to industry-recognized credentials of the Senate on Tuesday, February 26, and technical training that mirror in- for secondary, postsecondary, and adult 2019, at 9.30 a.m., to conduct a hearing learners; demand positions in the workforce. ‘‘United States Strategic Command In the coming decade, a projected 3 Whereas CTE affords students the oppor- and United States Northern Command million skilled workers will be needed tunity to gain the knowledge, skills, and cre- in review of the Defense Authorization to fill infrastructure positions in the dentials needed to secure careers in growing, Request for fiscal year 2020 and the Fu- high-demand fields; United States, including jobs related to ture Years Defense Program.’’ Whereas secondary CTE is associated with designing, building, and operating a lower probability of dropping out of high transportation, housing, telecommuni- COMMITTEE ON ENERGY AND NATURAL RESOURCES school and a higher likelihood of graduating cation, and utilities facilities. CTE on-time; programs intentionally match employ- The Committee on Energy and Nat- Whereas CTE students were significantly ural Resources is authorized to meet more likely than non-CTE students to report ability skills with workforce demands, lowering the probability of students during the session of the Senate on having developed problem-solving, project Tuesday, February 26, 2019, at 10 a.m., completion, research, math, college applica- dropping out of high school and in- tion, work-related, communication, time creasing their likelihood of graduating to conduct a hearing. management, and critical thinking skills on time. These skills-based training COMMITTEE ON FINANCE during high school; programs will help fill the estimated 30 The Committee on Finance is author- Whereas, according to an American Fed- million U.S. jobs available with an av- ized to meet during the session of the eration of Teachers poll, 94 percent of par- erage income annual income of $55,000 Senate on Tuesday, February 26, 2019, ents approve of expanding access to CTE and at 10:15 a.m., to conduct a hearing enti- other programs that prepare students for that do not require a bachelor’s degree jobs; yet necessitate some level of postsec- tled ‘‘Drug Pricing in America: A pre- Whereas students at schools with highly ondary education. scription for change, Part II.’’ integrated rigorous academic and CTE pro- Across Virginia, I hear from manu- COMMITTEE ON HOMELAND SECURITY AND grams are significantly more likely to meet facturers frustrated by the shortage of GOVERNMENTAL AFFAIRS college and career readiness benchmarks qualified skilled production employ- The Committee on Homeland Secu- than students at schools with less integrated ees—roles that require the training and rity and Governmental Affairs is au- programs; instruction provided in CTE class- thorized to meet during the session of Whereas, last year, Congress affirmed the importance of CTE by passing the Strength- rooms. It is essential that we elevate the Senate on Tuesday, February 26, ening Career and Technical Education for the important role of CTE in the coun- 2019, at 3:30 p.m., to conduct a hearing the 21st Century Act (Public Law 115–224), try’s ability to meet the inter- entitled ‘‘Opportunity to SOAR: 15 which supports program improvement in sec- connected challenges of economic de- years of school choice in DC.’’

VerDate Sep 11 2014 05:49 Feb 27, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A26FE6.027 S26FEPT1 rfrederick on DSK3GLQ082PROD with SENATE S1496 CONGRESSIONAL RECORD — SENATE February 26, 2019 COMMITTEE ON VETERANS’ AFFAIRS Congress and the following nomina- be agreed to, the preamble be agreed The Committee on Veterans’ Affairs tions: Mark Anthony Calabria, of Vir- to, and the motions to reconsider be is authorized to meet during the ses- ginia, to be Director of the Federal considered made and laid upon the sion of the Senate on Tuesday, Feb- Housing Finance Agency, Bimal Patel, table with no intervening action or de- ruary 26, 2019, at 2 p.m., to conduct a of Georgia, to be an Assistant Sec- bate. hearing. retary, and Dino Falasrnetti, of Mon- The PRESIDING OFFICER. Without SUBCOMMITTEE ON AIRLAND tana, to be Director, Office of Finan- objection, it is so ordered. The Subcommittee on Airland of the cial Research, both of the Department The resolution (S. Res. 79) was agreed Committee on Armed Services is au- of the Treasury, Todd M. Harper, of to. thorized to meet during the session of Virginia, and Rodney Hood, of North The preamble was agreed to. the Senate on Tuesday, February 26, Carolina, both to be a Member of the (The resolution, with its preamble, is 2019, at 3 p.m., to conduct a closed National Credit Union Administration printed in today’s RECORD under ‘‘Sub- hearing. Board, Spencer Bachus III, of Alabama, mitted Resolutions.’’) SUBCOMMITTEE ON SURFACE TRANSPORTATION and Judith DelZoppo Pryor, of Ohio, f AND MERCHANT MARINE INFRASTRUCTURE, both to be a Member of the Board of SAFETY AND SECURITY Directors, and Kimberly A. Reed, of ORDERS FOR WEDNESDAY, The Subcommittee on Surface Trans- West Virginia, to be President, all of FEBRUARY 27, 2019 portation and Merchant Marine Infra- the Export-Import Bank of the United structure, Safely and Security of the States, and Seth Daniel Appleton, of Ms. MURKOWSKI. Madam President, Committee on Commerce, Science, and Missouri, and Robert Hunter Kurtz, of I ask unanimous consent that when the Transportation is authorized to meet Virginia, both to be an Assistant Sec- Senate completes its business today, it during the session of the Senate on retary of Housing and, Urban Develop- adjourn until 10 a.m., Wednesday, Feb- Tuesday, February 26, 2019, at 2:30 p.m., ment; to be immediately followed by a ruary 27; further, that following the to conduct a hearing entitled ‘‘Exam- hearing to examine. prayer and pledge, the morning hour be deemed expired, the Journal of pro- ining intermodal connections across f our surface transportation network.’’ ceedings be approved to date, the time SUBCOMMITTEE ON ANTITRUST, COMPETITION PRIVILEGES OF THE FLOOR for the two leaders be reserved for their POLICY AND CONSUMER RIGHTS Mr. CARPER. Mr. President, I ask use later in the day, morning business The Subcommittee on Antitrust, unanimous consent that Kaitlyn be closed, and the Senate proceed to Competition Policy and Consumer Prichard and Zach Pilchen, a legisla- executive session and resume consider- Rights of the Committee on the Judici- tive fellow and a detailee in my office, ation of the Desmond nomination ary is authorized to meet during the have privileges of the floor for the du- under the previous order. session of the Senate on Tuesday, Feb- ration of the 116th Congress. The PRESIDING OFFICER. Without objection, it is so ordered. ruary 26, 2019, at 10 a.m., to conduct a f hearing entitled ‘‘Examining the 2019 f annual intellectual property report to SUPPORTING THE GOALS AND Congress.’’ IDEALS OF CAREER AND TECH- ADJOURNMENT UNTIL 10 A.M. Mr. TILLIS. Mr. President, I have a NICAL EDUCATION MONTH TOMORROW request for one committee to meet dur- Ms. MURKOWSKI. Madam President, Ms. MURKOWSKI. Madam President, ing today’s session of the Senate. It I ask unanimous consent that the Sen- if there is no further business to come has the approval of the Majority and ate proceed to the immediate consider- before the Senate, I ask unanimous Minority leaders. ation of S. Res. 79, submitted earlier consent that it stand adjourned under Pursuant to rule XXVI, paragraph today. the previous order. 5(a), of the Standing Rules of the Sen- The PRESIDING OFFICER. The There being no objection, the Senate, ate, the following committee is author- clerk will report the resolution by at 7:07 p.m., adjourned until Wednes- ized to meet during today’s session of title. day, February 27, 2019, at 10 a.m. the Senate: The senior assistant legislative clerk COMMITTEE ON BANKING, HOUSING, AND URBAN read as follows: f AFFAIRS A resolution (S. Res. 79) supporting the The Committee on Banking, Housing, goals and ideals of Career and Technical CONFIRMATION and Urban Affairs is authorized to Education Month. Executive nomination confirmed by meet during the session of the Senate There being no objection, the Senate the Senate February 26, 2019: on Tuesday, February 26, 2019, at 9:30 proceeded to consider the resolution. THE JUDICIARY a.m., to conduct a hearing on the Semi- Ms. MURKOWSKI. I further ask ERIC D. MILLER, OF WASHINGTON, TO BE UNITED annual Monetary Policy Report to the unanimous consent that the resolution STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT.

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