November 28, 2017 CONGRESSIONAL RECORD — SENATE S7341 careers. We have heard so many ous Executive orders of the current ad- should, and a lot of other things. We speeches from the other side about def- ministration. He was involved in the have stopped talking about the debt icit reduction. I think my colleagues President’s controversial travel ban, and deficit, and I think that is a mis- were sincere. Why are they abandoning his decisions to terminate DACA, to take for us. it now? end transgender service in the mili- You see, after 2011, the trend moved Every one of our colleagues knows tary, and to establish an election in- from a high point. Deficit spending that we could do a lot better job in a tegrity commission based on the lie that year was $1.3 trillion—over- tax bill at reducing the deficit than we that 3.5 million people voted illegally spending in a single year. After that have here. From the very beginning, in the last election. point, the deficit went down a little bit Democrats have told our Republican His tenure and views in the Trump each year until 2015. In 2016 our deficit colleagues that we want to work with administration raise important ques- number—that is a single year of over- them on tax reform, we want to lower tions about his independence and mod- spending—started going back up. It taxes on the middle class, we want to eration, particularly on a court that went up in 2016, and it went up again in reduce burdens on small businesses, we will likely hear cases related to the 2017. It is turning in the wrong direc- want to erase the incentives that send very same issues he worked on in the tion. As you will recall and as many jobs overseas and bring jobs back White House. He appears to be another people in this body will recall, deficits home, and we want to do all these example of the Republican majority were a major topic for us starting in things in a way that doesn’t add to the pushing judges from a political ex- 2010. Each year, Congress was trying to deficit. treme of their party as a way of ad- find ways to be able to reduce the def- From the very beginning, Repub- vancing their interests in lieu of a leg- icit. That does not seem to be the issue licans have said to us: We are not in- islative agenda, which has floundered. anymore. terested in working with you. We are I will vote no on his nomination and What I bring is a set of solutions and going to draft it ourselves and use rec- urge all of my colleagues to do the a set of ideas. How do we get out of onciliation so we don’t need your same. this? Are there bipartisan solutions to votes, and you can vote for our bill if Mr. President, I yield the floor. actually deal with deficit over- spending? There are priority things you want. f That is not bipartisanship, what the that we need to spend money on, and Republican leadership has done. CONCLUSION OF MORNING we should spend money on those I know there are some Republicans BUSINESS things. Yet, as to the things that are on the other side who wish we could The PRESIDING OFFICER. Morning nonessential for us and on which we work together. Well, we can. Today at business is closed. might all find some way to agree that 11 a.m., I think more than a dozen— there is a better way to be able to certainly a large number of Democrats f spend our dollars, we should. went to the Press Gallery and said: We EXECUTIVE SESSION So this week I have produced our want to work with our Republican col- third annual ‘‘Federal Fumbles’’ book. leagues to create a better bill. We call it ‘‘100 ways the Federal Gov- They came and visited me last night. EXECUTIVE CALENDAR ernment has dropped the ball.’’ None of I encouraged them to do it. This lead- The PRESIDING OFFICER. Under these should be all that controversial, er—this leader—is not going to stand the previous order, the Senate will pro- though we will not agree with all of in the way of bipartisan reform that ceed to executive session and resume them. But there are simple ways to meets the goals we have talked about: consideration of the following nomina- look at what the Federal Government helping the middle class, reducing the tion, which the clerk will report. is doing, what it is not doing, where we deficit, not unduly or in any way aid- The senior assistant legislative clerk are spending, where we are over- ing the 1 percent. read the nomination of Gregory G. spending, and where additional over- Bipartisanship and compromise are Katsas, of Virginia, to be United States sight is needed. There is no problem in very possible on tax reform. It is an Circuit Judge for the District of Co- this country that can’t be solved, and, issue crying out for a bipartisan solu- lumbia Circuit. certainly, our deficit is an issue that tion. There are a lot of areas in which can be solved. We just have to commit we agree. We have to work to find a f to each of us making the decision that middle ground that is acceptable to RECESS this is actually important and that we both parties. I daresay it would be a are going to try to resolve this to try The PRESIDING OFFICER. Under better bill for the American middle- to get us back toward balance. the previous order, the Senate stands class than the one we are looking at I have lumped all of these issues from in recess until 4 p.m. right now. this book back into a whole series of Thereupon, the Senate, at 12:40 p.m., f different process things because each recessed until 4 p.m. and reassembled one of the 100 things that we identify is NOMINATION OF GREGORY when called to order by the Presiding not just a stand-alone; it is part of a KATSAS Officer (Mr. STRANGE). bigger problem. So I have put them to- Mr. SCHUMER. Finally and briefly, f gether into budget process reforms and Mr. President, because I know my col- EXECUTIVE CALENDAR—Continued grant process reforms, which allow for leagues are waiting, on the Katsas more transparency in how decisions are nomination, the DC Circuit is often The PRESIDING OFFICER. Under made and as to what decisions have called the second most powerful court the previous order, there are 90 min- been made. I would say, as well, that in the Nation because it adjudicates so utes of debate remaining on the Katsas there are Senate rule changes that are many highly charged political issues, nomination, equally divided between going to be needed to be able to resolve including cases that deal with the lim- the leaders or their designees. any of these issues. We put together its of Executive power and regulations The Senator from Oklahoma. these four big blocks to be able to ask: issued by Federal agencies. As exam- THE DEFICIT What are we actually dealing with? Let ples, major cases on climate regula- Mr. LANKFORD. Mr. President, I me just give you a couple of ideas. tions, the CFPB, and gun safety laws in want to address this body and talk If we are going to actually deal with the District of Columbia are now before about an issue that we do not talk some of the budget issues, we are going that court. On such a court, we should about enough—the deficit. It is an to have to actually deal with the budg- prize independence and moderation and issue that, for whatever reason, we et process. We are not going to get a look warily at candidates with highly have stopped talking about in Wash- better product until we get a better political backgrounds. ington, DC. We talk about tax policy, process. Since 1974, the Budget Act has Unfortunately, Gregory Katsas has which we should. We talk about dis- only worked four times, and every year been intimately involved in a number aster relief areas, which we should. We the American people have asked over of the most partisan and legally dubi- talk about healthcare policy, which we and over: What just happened? How

VerDate Sep 11 2014 02:12 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.005 S28NOPT1 S7342 CONGRESSIONAL RECORD — SENATE November 28, 2017 come we are back in this budget fight? We have stopped debating on small The IRS has had multiple issues that How come it is at the end of the year? bills. Because it takes so much time, it we have tried to identify in different How come this is not resolved? Because is easier to just not do it at all. That is segments of this. One is that several we have a bad process—that is why. not what the American people sent us years ago we noticed that the IRS was Our process is not constitutional. It is here to do. When we say that the Sen- rehiring employees whom it had fired— the product of a law that was put in ate cannot debate a topic, no one can the employees who were not paying the Budget Act. We need to be able to believe it. That rule doesn’t get better their income taxes but were working change that, and I think there are based on inactivity. It gets better when for the IRS or the employees who were some basic ways to be able to resolve we actually fix the basic problem that using their positions to spy on other that. we have, and that is getting us back to Americans and pull up their tax infor- I would like to do budgeting and ap- debate and solving the nomination mation just because of their own inter- propriations every 2 years. That would process. Let’s actually get this re- ests. It is a fireable offense at the give us more time to be able to do more solved. IRS—and it should be—to violate an oversight, and that would give us more In saying all of that, all of the things American’s privacy. The problem is time for floor debate on it to be able to that are in this book this year are that the IRS has started rehiring those walk through this. There are multiple things that I and my staff and my same people right back. I don’t know other areas that need to be resolved, team—and Derek Osborn, who has led many companies that fire somebody like aligning our committees and other in all of the compilation of this on my and then later decide they are going to things that need to be done if we are team—have put together. We have put change their minds and rehire him, actually going to get budget work together this basic package to say: but, apparently, the IRS has become done. In the meantime, we need to be Here are 100 items. Quite frankly, I proficient at that. We identified it sev- able to push through what we can with would hope that all 100 Senators could eral years ago. The IRS said it would the greatest efficiency, but, long term, go through budget areas and that ev- stop it. We did a check on that last we are going to have to fix the broken erybody could find 100 items and could year, and guess what. The IRS is still process that we have. identify them and say: Let’s compare doing it—rehiring the employees it has We should fix the grant-making proc- our lists and then ask: What are we fired, some of them even with their ess. There has been a lot of pressure to going to do to be able to deal with the files that are stamped ‘‘do not hire.’’ be able to move dollars toward grants debt and deficit? How are we going to The IRS hired them anyway. We have because now we have put more and deal with some of the spending and in- to be able to stop that. more restrictions on contracting. Be- efficiencies of the Federal Govern- The IRS also did a study, through a cause there are very few restrictions on ment? We would probably have 100 dif- program that it has, to be able to re- grants, a lot of agencies are now spend- ferent lists, but I would bet that, of the search tax compliance—not of chang- ing more on grants than they are on 100 different lists, we would find a lot ing tax rules, just of how people are contracting, and they are pushing dol- of common ground, and we would actu- complying with the tax rules and eval- lars out the door with there being very ally start to solve some things. uating: Are they paying the correct What type of things did we find on little supervision. amount of tax? Quite frankly, our tax We have to work on transparency. I our list this year? Let me give you system is so incredibly complicated am ashamed to say that for 6 years I some examples. that it is hard to be able to track what The National Science Foundation did have pushed on a very simple bill is the right amount, but the IRS should a grant this past year to study the ef- called the Taxpayers Right-To-Know be able to look at it and determine fects and how things are going for refu- Act. It passed unanimously in the gees in Iceland. Now, I am sure that whether someone is paying the right House in 2 different years. It came over the country of Iceland would like to amount based on those figures. The to the Senate, and it got tied up. The know how it is going for their refugees, IRS has developed some programs to be Taxpayers Right-To-Know Act is very and maybe even the U.N. would like to able to recommend, but the problem is simple. It asks every agency to list ev- know, but I am a little stunned that that it has not implemented those pro- erything that it does. What a shocking the National Science Foundation used grams. Over $400 billion of taxes has thing it would be to actually know ev- American tax dollars to study refugees never been collected by the IRS be- erything that every agency does—to be in Iceland. cause it has not implemented the rec- able to see what it does, what it spends The National Endowment for the ommendations that it has in front of it on it, how many employees it allocates Arts did a grant this past year to help already. to it, and how many people it serves. pay for a local community theater in The IRS has also had an issue that Every business in America can give a New Hampshire in its performance of we are trying to deal with, along with list of everything that it does except ‘‘Doggie Hamlet.’’ ‘‘Doggie Hamlet’’ is several other entities by the way: Who for the Federal Government. We can- an outdoor presentation in which a is alive and who is not alive? You see, not. We should. It would give the op- group of people yells and sings around the Social Security Administration portunity for agency heads to find out, a group of sheep and sheep dogs. I have keeps track of something called the before they start a program, and to watched the performance, and I think Death Master File. It sounds wonder- know if someone else already does it in it is fine if the folks of New Hampshire ful; doesn’t it? The Death Master File the Federal Government. I have talked want to do that performance. I am just basically says who has passed away in to multiple agency individuals now, not sure why the people of Oklahoma America and what Social Security under two different Presidents, who are being forced through their Federal number is not functional anymore. The have said that they have started a pro- tax dollars to pay for the production of IRS is not fully implementing that list gram, gotten it developed, committed ‘‘Doggie Hamlet.’’ and, at times, it is still sending checks people to it, and then a couple of Last year, the Department of Defense to people who died years ago. Then, months or years later determined that moved some equipment into Kuwait to some fraudulent people take a Social somebody else was already doing it. be able to give it to the Iraqi army. So Security number from someone who Even our agency folks do not know $1 billion worth of equipment was has passed away and file a return on what the other agencies are doing. This moved into Kuwait to give it to the that Social Security number in Janu- should be a simple, straightforward so- Iraqi army—Humvees, small arms, ary or February, and the IRS sends lution to be able to help our agencies mortars. All of that is fine, as we were them a check simply because it has not and to be able to help all of us have helping to equip the Iraqi army to listed that this person has passed away greater supervision over the budget. allow them to be able to defend them- and that the Social Security number is The fourth thing is dealing with Sen- selves. The problem is that we lost not active. Yet the IRS is not the only ate rule changes. If we do not solve the track of them somewhere between Ku- one. issue of our nominations, we will never wait and Iraq, and the DOD doesn’t We also identified in the SNAP pro- be able to get actual legislation on the know what happened to $1 billion of gram—what some people call the food floor and get back to debate again. We equipment after it was delivered to Ku- stamp program—that there are thou- have stopped debating on major bills. wait. sands of retailers who are using these

VerDate Sep 11 2014 01:06 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.007 S28NOPT1 November 28, 2017 CONGRESSIONAL RECORD — SENATE S7343 false Social Security numbers from and said that this particular car num- There are things we can do. Let’s get people who have passed away. Last ber is driving crazy, no one is actually busy doing it. If you are interested in year, $2.6 billion was sent out to SNAP looking at it. It is the fear that Ameri- knowing more about ‘‘Federal Fum- retailers based on the Social Security cans have that no one is really listen- bles’’ go to our website at numbers of the people who had passed ing to them in the Federal Govern- lankford.senate.gov. We will send a away or on the numbers that are not ment. copy over. We will send you a link to operable. Those are things that are fix- CLAIRE MCCASKILL and I just worked our website because it is cheaper and able. There is $2.6 billion of fraud that to be able to pass something in this we will not have to print it off, and you is in the system. body to try to deal with solving this can look at it online. We have asked the question about basic question: Can agencies ask: How The issue of the day is this: Let’s find immigration, and immigration has am I doing? out what your list is; we have started been an important topic here. We talk When most of us get a rental car or a ours. about immigration as well and not just hotel room online, we will get an email With that, I yield the floor. of the financial portion of it but of the after we check out of the room or stop The PRESIDING OFFICER. The Sen- fumble portion of things that are actu- using the rental car asking: How is our ator from Hawaii. ally going wrong in immigration cur- service? How can we improve? Ms. HIRONO. Mr. President, the rently. A lot of folks—and some folks Do you know that Federal agencies judges Donald Trump appoints to life- can’t do that or that it has become so even in this body—say: If we will just time positions on our Federal courts complicated that they can’t produce a enforce the law as it exists and build a will be a lasting legacy, and he is de- three-question e-survey to send out to fence, we will be fine. The problem is termined to do whatever it takes to people saying: How are we doing in So- that 66 percent of the people who are in place as many nominees with an ideo- cial Security disability? How are we the country illegally came into the logically driven agenda on the bench as doing in the Veterans’ Administration? country legally, with a legal visa, but possible. How are we doing in our HUD assist- they overstayed the visas. They never Today the Senate is debating wheth- ance to you? The reason for that is the left. er to give Gregory Katsas a lifetime ap- Paperwork Reduction Act, of all After 9/11, the 9/11 Commission said pointment to serve on the U.S. Court of things. An old law that was supposed to that one of the major aspects in deal- Appeals for the DC Circuit. Throughout help us is actually now in the way, now ing with immigration was to do an his career, including as Deputy White in the modern age, of our trying to do entry-exit visa system so that we House Counsel under Donald Trump basic surveys. We need to be able to re- would know who they were when peo- and as a senior official in the Justice solve that. That is something this body ple came in, and we would also know Department under George W. Bush, Mr. can lead on to be able to change. Katsas has demonstrated a profound when they left. That was a rec- There are a lot of things we want to conservative bias that is inappropriate ommendation from the 9/11 Commis- be able to identify and to say that we for service on the country’s second sion, but it has still not been done a can do better. This is our list. Quite most important court. decade and a half later. frankly, this is our to-do list for the As Deputy White House Counsel, Mr. If we are going to deal with immigra- next year, just as the previous two vol- Katsas has been deeply involved in tion, one of the key things that we umes have been. We have seen some crafting the legal justification for have to have is not just a wall or a things that we have been able to ac- many of the Trump administration’s fence or some sort of barrier. We also complish over the last couple of years have to deal with when people come in from previous ‘‘Federal Fumbles’’ most controversial policies. He also and when they leave under legal visa books, but we can’t get started on played a key role in deciding which systems. I have heard comments about them until we actually identify them court cases the administration would hiring more Border Patrol folks and and say: That is a problem. How are we support or oppose and recommending more ICE folks. That is OK, fine. I am going to fix it? Our simple question for candidates for various executive and good with that, actually, but here is the rest of this body is this: Here is our judicial appointments. the problem. With the current system list; what is yours? What are the things The legal issues he has managed, the that is set up, it takes over 450 days to we are working on? What are the issues advice he has given, and the appoint- hire one person as a Border Patrol per- that we are actually going to get done ments he has recommended raise seri- son because the process is so con- and solve for the American people? ous concerns about whether he should voluted—450 days. What if you would What are the crazy stories and things receive a lifetime appointment to the like to apply for a job and you wouldn’t we are wasting money on? If we only Federal bench. hear back about it for a year and a identified it and said: Let’s stop that, In the early days of the administra- half—450 days? we could and would. Let’s do it to- tion, Mr. Katsas participated in What about if we are going to add gether. crafting the legal justification for the more immigration attorneys? We have There is no reason that reducing the President’s Muslim ban, a policy at a half-million-person backlog in our deficit should have to be an issue that odds with the Constitution and our val- immigration courts right now. What if has become a partisan issue. Deficits ues as a nation. Mr. Katsas has also we were to hire more judges for that and the growing debt affect every sin- been involved in orchestrating the ad- process? Great idea. Guess how long it gle American. So let’s work on it to- ministration’s opposition to LGBTQ takes to hire more judges in the immi- gether, and let’s stop finding ways to rights in the courts. In particular, he gration court? It takes 742 days right not work on it and find areas of com- openly admits his role in the Justice now to be able to hire a judge to add to mon ground where we can work on it. Department’s decision to argue in a the immigration courts. Our problems Let’s fix inefficiencies in Federal case before the Second Circuit that are not just in immigration. There are Government hiring. Let’s fix inefficien- title VII in the Civil Rights Act of 1964 structural problems in the Federal cies in our system. We have a tremen- does not prohibit discrimination on the Government right now in hiring, over- dous number of great Federal employ- basis of sexual orientation. This posi- sight, and in managing the reports. ees who are all around the country and tion is inconsistent with the Equal Em- I mentioned the IRS’s not imple- who work extremely hard for the ployment Opportunity Commission’s menting one of the reports they have. American people every day and do 2015 guidance and with a recent en banc There is also an issue with some other great work, but they are trapped in a decision from the Seventh Circuit agencies that will put on the back of system that slows them down, that pre- Court of Appeals. Federal vehicles their phone number vents them from being as efficient as During his confirmation hearing, Mr. with this question: How is my driving? they would like to be. Let’s help them Katsas testified that he was involved in What a great idea that is for a Federal out by fixing the broken things that the administration’s decision to file an vehicle. The problem is that when we are in these agencies and systems. amicus brief in the Supreme Court case looked at it, we found out that the Let’s set them free to be able to serve of Masterpiece Cakeshop v. Civil agencies never actually read the re- people the way they want to be able to Rights Commission. He thus supports ports that came in. If people called in serve people. the position that a private business

VerDate Sep 11 2014 01:06 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.008 S28NOPT1 S7344 CONGRESSIONAL RECORD — SENATE November 28, 2017 should be able to refuse to sell a wed- Mr. Katsas has a disturbing record of This year, the Republican-controlled ding cake to a gay couple. pushing a partisan conservative agenda Senate has repeatedly fallen short By elevating a corporation’s religious not based on sound law that has no when it comes to serving as a meaning- views over the rights of their cus- place in the DC Circuit. We cannot sim- ful check and balance in our constitu- tomers, Mr. Katsas and the Trump ad- ply ignore his record and decouple his tional system. Senate Republicans ministration argued that businesses past actions from the person respon- have abandoned longstanding norms of should be able to say that their work is sible for them. Mr. Katsas has clear due diligence and careful scrutiny, all an expression of their religious beliefs. policy preferences that are red flags as in the name of advancing the agenda of This would allow them to discriminate to how he will decide cases should he President Trump. against certain customers and turn our be confirmed to this lifetime position. We saw this when Senate Repub- system of antidiscrimination protec- I urge my colleagues to oppose this licans voted in near lockstep to con- tions in public accommodations on its nomination. firm President Trump’s Cabinet nomi- head. These actions and positions I yield the floor. nees. Republicans simply looked the should disqualify Mr. Katsas from serv- Mr. GRASSLEY. Mr. President, other way when nominees failed to pay ing on the DC Circuit. today the Senate is voting to confirm all of their taxes, did not disclose mil- But there is more. Gregory Katsas to serve as U.S. circuit lions in assets, had conflicts of inter- We can also trace his record of push- judge for the District of Columbia Cir- est, or could not even answer basic ing a partisan, ideological agenda dur- cuit. Mr. Katsas’s 28-year legal career questions at their hearings. Senate Re- ing his time in the Bush Justice De- has prepared him well to serve as a publicans have repeatedly tried to rush partment. In Hamdan v. Rumsfeld, Mr. Federal judge. His nomination has gar- through partisan bills in the dark of Katsas argued that the military com- nered widespread support in the legal night. Remember when they revealed missions the Bush administration es- community. the text of the TrumpCare bill just a tablished after 9/11 were legal and con- Mr. Katsas graduated with his A.B. few hours before the Senate voted on sistent with the Uniform Code of Mili- from Princeton University in 1986 and it? Now Senate Republicans are trying tary Justice and the Geneva Conven- from Harvard Law School in 1989. After to pass massive tax cuts for the largest tions. In Boumediene v. Bush, Mr. graduating from Harvard Law School, corporations and wealthiest Ameri- Katsas also argued that people deemed Mr. Katsas clerked for Judge Edward cans, by ramming through an enor- enemy combatants and detained at Becker on the Third Circuit Court of mous bill with little debate and public Guantanamo could not challenge their Appeals and for Justice Clarence scrutiny of how the bill would explode detention on habeas corpus grounds. Thomas on the DC Circuit and on the the deficit and raise taxes on many in The Supreme Court repudiated these U.S. Supreme Court. Following his the working class. arguments in their landmark decisions clerkships, Mr. Katsas joined the DC This pattern, of the Senate aban- in both cases. office of Jones Day, where he worked in doning its responsibility to do basic Mr. Katsas was also the public face of the issues and appeals section of their due diligence when it comes to the the Bush administration’s opposition litigation group. agenda of President Trump, has also to the Native Hawaiian Government From to 2001 to 2006, Mr. Katsas infected our process of considering ju- Reorganization Act, also known as the served as a Deputy Assistant Attorney dicial nominees. When it comes to Akaka bill. As the Principal Deputy General for the Civil Division at the President Trump’s judicial nominees, Associate Attorney General in the Department of Justice, where he ar- we are seeing the Senate’s constitu- Bush administration, Mr. Katsas testi- gued, briefed, and supervised a number tional responsibility of ‘‘advice and fied in Congress that the Akaka bill of significant appeals handled by the consent’’ turn into ‘‘rush through and was unconstitutional. He went so far as Federal Government. He then served as rubberstamp.’’ to say that it would ‘‘create a race- the Principal Deputy Associate Attor- All year, Senate Republicans have been removing guardrails that help en- based government offensive to our Na- ney General from 2006 to 2008 and the sure that judicial nominees have the tion’s commitment to equal justice and Acting Associate Attorney General qualifications, temperament, and in- the elimination of racial distinctions from 2007 to 2008. In 2007, President tegrity that we need for lifetime ap- in law.’’ Bush nominated Mr. Katsas to serve as pointments to the Federal bench. Don’t What was really offensive was that the Assistant Attorney General for the just take it from me. Take it from the his testimony was legally wrong and Civil Division at the Department of conservative Wall Street Journal. I ask insulting to a Native people, the Native Justice. The Senate confirmed him by unanimous consent to have printed in Hawaiians. In rebuttal, a bipartisan voice vote in 2008, and he served in that the RECORD a November 20 article from trio of highly respected former DOJ of- role until the end of the Bush adminis- the Wall Street Journal entitled ficials said in written testimony that tration. ‘‘Checks on Trump’s Court Picks Fall Mr. Katsas failed to provide a credible Mr. Katsas rejoined Jones Day as a Away’’ at the conclusion of my re- and coherent legal argument against partner in 2009, where he handled many marks. the Akaka bill. They argued that his important litigation matters. In Janu- This article talks about the series of testimony presented ‘‘a caricatured ary of this year, Mr. Katsas again left procedural changes Senate Republicans view of the text of [the bill] and the the private sector to serve the Presi- have made this year to expedite governing law, and should not be con- dent as deputy counsel in the White Trump’s judicial nominations—most sidered an authoritative guide for re- House Counsel’s office. recently, the November 16 announce- solving legal disputes in this area.’’ One only has to look at his profes- ment by Senator GRASSLEY, the chair- I agree. The Akaka bill did not confer sional record to understand how emi- man of the Judiciary Committee, that status to a group of people based on nently qualified Mr. Katsas is to serve he would hold hearings on nominees race and ancestry. It did so by virtue of as a Federal appellate judge. Over the who do not receive positive blue slips residency and sovereignty. With no course of 28 years, Mr. Katsas has from both home-State Senators, some- grounding in fact or law, Mr. Katsas briefed hundreds of cases and argued thing that never happened under the advocated treating Native Hawaiians more than 75 appeals, including three Obama administration. The article be- differently from other indigenous peo- cases in the Supreme Court and 13 gins by saying: ple. cases in the DC Circuit, the court to Mr. Katsas’ position on Native Ha- The Republican head of the Senate Judici- which he is nominated. ary Committee has curtailed one of the last waiian rights is of particular concern I am pleased to support Mr. Katsas’s legislative limits on a president’s power to at a time when the DC Circuit could nomination, and I urge my colleagues shape the federal courts, giving Donald hear legal challenges to the 2016 Inte- to vote for his confirmation. Trump more freedom than any U.S. presi- rior Department rule through which Mr. DURBIN. Mr. President, I rise in dent in modern times to install his judges of the Native Hawaiian community could opposition to the nomination of Greg choice, legal experts said. reestablish a government-to-govern- Katsas to the DC Circuit Court of Ap- Consider the other changes Repub- ment relationship with the Federal peals, but I want to begin with some licans have already made in just the Government. general observations. first year of the Trump administration.

VerDate Sep 11 2014 01:06 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.010 S28NOPT1 November 28, 2017 CONGRESSIONAL RECORD — SENATE S7345 First, President Trump subcon- Furthermore, Judiciary Committee Emoluments Clause, advised on the ad- tracted the selection of Supreme Court Republicans are looking to relax the ministration’s efforts to cut off Federal nominees out to rightwing special in- standards for nominees with a history public safety funds to cities because of terest groups like the Federalist Soci- of past drug use. Republicans repeat- disagreements over immigration en- ety. President Trump publicly thanked edly blocked judicial candidates pro- forcement, and even provided legal ad- the Federalist Society for assembling a posed by President Obama who had vice on the Special Counsel’s Russia in- list of candidates from which Justice smoked marijuana in the past, but Re- vestigation. Neil Gorsuch was selected. The White publicans now want a more lenient This is a laundry list of Trump ad- House even asked Leonard Leo of the standard for Trump nominees. I am ministration controversies that Mr. Federalist Society to call Justice open to a different standard, but it Katsas has been personally involved Gorsuch to let him know he was a can- must not be a double standard for with. It is likely that many of these didate for the job. Never before had a Democratic versus Republican nomi- issues will end up in litigation before President credited a special interest nees. the DC Circuit. I don’t think appoint- group with serving as a de facto selec- That takes us to the changes to the ing President Trump’s staff lawyer to tion committee for the Federal judici- blue slip. Republicans now want to dis- the DC Circuit will strengthen the ary. For anyone who wonders what the regard this 100-year-old tradition— American people’s confidence in the Federalist Society is all about, I urge meaning they will ignore the vetting fairness of our justice system. Instead, you to watch the video of this group that home-State Senators do for nomi- we need nominees with a strong track laughing and applauding at their con- nees from their State. Remember, blue record of independence and good judg- vention a few weeks ago when Attor- slips were respected throughout the ment. ney General Sessions joked about Obama administration. Republicans Let me talk for a minute about Mr. meeting with Russians. It was shame- sent a letter in 2009 asking President Katsas’s judgment. ful. Obama to respect blue slips, and he did. At his hearing, I asked Mr. Katsas Senate Republicans also changed the Republicans then proceeded to block 18 some simple questions about the tor- rules of the Senate in order to get Neil Obama nominees by withholding blue ture technique known as Gorsuch confirmed. He couldn’t get 60 slips. Now, Republicans have an- waterboarding. I was deeply troubled votes on the Senate floor, so the Re- nounced that they are doing a 180-de- by his answers. I asked him if publicans changed the rules to make 50 gree turn for Trump nominees and that waterboarding is torture. He said, ‘‘I votes the threshold for appointments they will disregard blue slips whenever hesitate to answer the question in the to the Supreme Court. they feel like it. abstract, not knowing the cir- When it comes to lower-court nomi- Why are Republicans abandoning so cumstances, the nature of the pro- nees, the Trump administration and many longstanding traditions and gram.’’ I asked him if waterboarding is Senate Republicans are doing half- guardrails when it comes to judicial cruel, inhuman, and degrading treat- hearted vetting at best. We are con- nominations? It is because many of ment. I noted that Senator JOHN stantly learning information that President Trump’s nominees simply MCCAIN, the author of the 2006 law that nominees initially failed to disclose. wouldn’t pass muster under the tradi- made it clear that cruel, inhuman, and For example, Alabama District Court tional ground rules. Many Trump degrading treatment is illegal, has said nominee Brett Talley failed to disclose nominees have minimal experience, a ‘‘waterboarding, under any cir- that his wife was an attorney in the history of ideologically biased state- cumstances, represents a clear viola- White House Counsel’s Office and that ments, serious questions about their tion of U.S. law’’—so did all four Judge Talley had apparently posted online temperament and judgment, or a lack Advocates General—the top lawyers in comments defending the early KKK of independence from President Trump. the military—during the Bush adminis- and calling for shooting death row in- Senate Republicans want to tration. But Mr. Katsas responded eva- mates. Court of Federal Claims nomi- rubberstamp these nominees anyway— sively, saying ‘‘anything that is cruel, nee Damien Schiff failed to disclose and confirm them as quickly as pos- inhuman, and degrading treatment that he had called Supreme Court Jus- sible in their effort to pack the courts. would be clearly unlawful.’’ I then tice Anthony Kennedy a ‘‘judicial pros- Just look at some of the judicial asked Mr. Katsas is waterboarding ille- titute’’ in a blog post. North Carolina nominees who have already been con- gal under U.S. law. He said ‘‘to the ex- District Court nominee Thomas Farr firmed this year—like John Bush, con- tent it constitutes either torture or reportedly failed to fully disclose his firmed to sit on the Sixth Circuit, who cruel, inhuman, or degrading treat- role in an African-American voter sup- blogged about the false claim that ment, yes it is.’’ pression effort during the 1990 cam- President Obama wasn’t born in the What a pack of weasel words. Mr. paign for Senator Jesse Helms. Yet all United States and said at his hearing Katsas’s tortured logic about of these nominees were reported out of that he thinks impartiality is an aspi- waterboarding is unacceptable. Mr. the Judiciary Committee on party line ration for a judge, not an expectation; Katsas should have said, with no votes. or Stephanos Bibas, now a judge on the equivocation and no uncertainty, that There are other changes that Repub- Third Circuit, who wrote a lengthy waterboarding is illegal, that it is licans have made to the nominations paper calling for corporal punishment, cruel, inhuman, and degrading and that process this year. Republicans have de- including putting offenders in the it is torture. That is the law, and a cided not to wait for the American Bar stocks or pillory and applying multiple Federal judge should know it. Association to do their nonpartisan calibrated electroshocks. I am concerned that Mr. Katsas’s re- peer review of a nominee’s qualifica- Now, consider DC Circuit nominee fusal to give those answers reflects a tions before holding a hearing. When Greg Katsas, who is before us today. troubling ideological viewpoint when it the ABA unanimously finds nominees Mr. Katsas works in the White House comes to questions of torture and in- not to be qualified, Republicans still for President Trump. He is a Deputy terrogation techniques. My concerns support the nominees anyway. Repub- White House Counsel. He testified that were amplified by a speech Mr. Katsas licans have also begun regularly hold- he has been personally involved in gave in April 2009 when his speech ing hearings on two circuit court nomi- many of the Trump administration’s notes said ‘‘high bar—a lot of coercive nees at a time. Why? Apparently, they most controversial policies, ranging interrogation does not equal torture.’’ are afraid to let each of their nominees from the Muslim travel ban to the cre- This is a clear-cut issue for me. I stand on their own two feet and face ation of the Pence-Kobach election have voted against nominees in the questioning from Senators individ- commission, to ending the DACA pro- past who gave the wrong answers to ually. The circuit courts have the final gram, to the Trump administration’s questions about waterboarding, and I word on tens of thousands of cases rollback of protections for LGBTQ- will do it again. In my view, Mr. Katsas every year. Every single lifetime ap- Americans. has not demonstrated the independence pointment to these courts deserves to Mr. Katsas also said that, while and judgment that we need for the crit- be scrutinized on its own individual working for President Trump, he has ical position of DC Circuit judge. I can- merits. given legal advice regarding the not support his nomination.

VerDate Sep 11 2014 04:49 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A28NO6.002 S28NOPT1 S7346 CONGRESSIONAL RECORD — SENATE November 28, 2017 Here is the bottom line. Before I was buster by one senator,’’ said Ilya Shapiro, a studies federal courts. That number rose a Senator, I was a lawyer in downstate senior fellow in constitutional studies at the through the 1980s and 1990s and ballooned to Illinois, and I looked up to Federal Cato Institute, referring to the practice of 229 days during President Barack Obama’s judges. I thought that, to get that job, senators blocking nominees from their two terms, he said. states. you had to be a cut above. Otherwise, Ms. HIRONO. I suggest the absence of So far, the Republican-controlled Senate a quorum. you wouldn’t make it through the Sen- Judiciary Committee has approved two ate’s rigorous advice and consent proc- nominees pronounced unfit to serve by the The PRESIDING OFFICER. The ess. Sadly, this Republican Senate is American Bar Association, including Brett clerk will call the roll. turning advice and consent into ‘‘rush Talley, a Justice Department lawyer who The senior assistant legislative clerk through and rubberstamp.’’ Repub- has never argued a motion in federal court proceeded to call the roll. licans want to pack the courts with and whose wife is the chief of staff for the Mr. CORNYN. Mr. President, I ask top White House lawyer. judges who will support President unanimous consent that the order for ‘‘If Senate Republicans will confirm him, the quorum call be rescinded. Trump’s agenda, and so they are then there is no realistic sense of checks and hurrying to confirm as many of his The PRESIDING OFFICER. Without balances,’’ said Christopher Kang, who objection, it is so ordered. picks as possible—even if they are un- worked on judicial nominations in the qualified, ideological, hiding things Obama White House. TAX REFORM from the Senate, or too close to Presi- The White House declined to address criti- Mr. CORNYN. Mr. President, this dent Trump. Our Federal judiciary is cisms of Mr. Talley. week we are engaged in what is perhaps The ABA’s Standing Committee on the the most momentous subject that we being diminished as a result. Federal Judiciary has deemed two other I wish my Republican colleagues haven’t dealt with in recent times, and Trump nominees ‘‘not qualified’’—ratings that is, after 30 years, updating and re- would stand up for an independent judi- Republicans on the Senate Judiciary Com- ciary and a meaningful advice and con- mittee dismissed as the product of what they forming our Nation’s convoluted, com- sent process. We should fill this va- called a liberal advocacy group. plex, and self-destructive Tax Code. cancy on the DC Circuit with someone The ABA has rejected that criticism, say- Those who are interested in getting who is independent of President ing it has rated potential judges for more to yes and who will cast a ‘‘yes’’ vote, Trump, not one of his staff attorneys. than 60 years, drawing on dozens and some- I believe, will be casting a vote for times hundreds of interviews with a nomi- We should choose nominees who are growing the economy, voting for more nee’s colleagues and other peers. jobs, voting for higher wages, and vot- unafraid to say what the law is on tor- Hogan Gidley, a White House spokesman, ture, instead of what they might wish said Mr. Trump has delivered on his promise ing for more take-home pay. Those who the law to be. to nominate ‘‘highly qualified judges.’’ vote against this endeavor are really I urge my colleagues to vote no on ‘‘We appreciate the hard work of Chairman saying yes to stagnant wages, less jobs, the Katsas nomination. Grassley and [Senate Majority Leader and a lower standard of living. They There being no objection, the mate- Mitch] McConnell, and we urge the Senate to are willing to accept the reality that rial was ordered to be printed in the confirm all of the remaining nominees be- American jobs are going overseas be- cause it’s what the American people de- cause our country has the highest Tax RECORD, as follows: serve,’’ he said in an emailed statement. [From the Wall Street Journal, Nov. 20, 2017] Mr. Grassley said on Thursday that he Code in the civilized world, and bring- ing the money earned overseas back CHECKS ON TRUMP’S COURT PICKS FALL AWAY would hold a hearing on two nominees— home basically means having to pay (Joe Palazzolo and Ashby Jones) David Stras, a nominee to the midwestern Eighth U.S. Circuit Court of Appeals, and double taxes. So what people do is they MOVE TO CURTAIL ‘BLUE SLIPS’ GIVES THE Kyle Duncan, a nominee to the Fifth Circuit do what you would logically do, and PRESIDENT, AND SUCCESSORS, WIDE LEEWAY in New Orleans—over the objections of home- IN PICKS FOR FEDERAL BENCH they spend the money overseas and state senators Al Franken of Minnesota, a hire foreign workers in foreign coun- The Republican head of the Senate Judici- Democrat, and John Kennedy of Louisiana, a tries rather than Americans and make ary Committee has curtailed one of the last Republican. legislative limits on a president’s power to The blue-slip practice began in the 1910s things stamped ‘‘Made in America.’’ shape the federal courts, giving Donald and, for a large portion of its history, ‘‘gave Simply stated, this bill is about the Trump more freedom than any U.S. presi- Senators the ability to determine the fate of dreamers and the doers, the small busi- dent in modern times to install his judges of their home-state judicial nominations,’’ the nesses and the hard-working American choice, legal experts said. Congressional Research Service, a research families who need tax cuts and tax re- Last week, Sen. Chuck Grassley (R., Iowa) arm Congress, said in a 2003 report. form. This is about helping the middle reined in a tradition that empowered sen- Mr. Grassley said that after his recent class. ators to block federal appeals-court nomi- move, a negative blue slip would be a ‘‘sig- Actually, what this bill does—the nees from their home state. His decision nificant factor’’ for the committee to con- came about four years after Democrats, cit- sider but wouldn’t prevent a hearing, a break Senate version of the bill—is it reduces ing Republican filibusters of President with the practice of Senate Judiciary Com- the tax burden on every tax-paying co- Barack Obama’s circuit-court nominees, mittee chairmen since at least 2005. hort. In other words, all of the tax eliminated a Senate rule that required the He blamed the Democrats for abusing the rates come down. In order to do that, majority party to mount 60 votes to advance blue slip after eschewing the filibuster. both on the personal side and the busi- a nominee to a confirmation vote. ‘‘The Democrats seriously regret that they ness side, we had to eliminate a lot of Together, the threat of a filibuster—or de- abolished the filibuster, as I warned them what I call the underbrush, which are laying tactic—and use of ‘‘blue slips’’—so they would. But they can’t expect to use the named because senators indicate support or blue-slip courtesy in its place. That’s not the tax deductions, the tax credits, and opposition to nominees on blue slips of what the blue slip is meant for,’’ he said on the other subsidies that have made our paper—guarded against lifetime appoint- the Senate floor last week. Tax Code so incomprehensible to ev- ments for nominees deemed far outside the Mr. Grassley also has parted with common erybody other than accountants and mainstream, court experts said. Getting rid practice by stacking two circuit court nomi- lawyers. That is one reason people are of these checks could foment distrust in nees in a single confirmation hearing, reduc- so frustrated with our Tax Code—it judges’ work if Mr. Trump and later presi- ing time for preparation and questions, and costs them so much money just to dents prioritize ideology over experience or holding hearings before the ABA finished its comply with their legal obligations. legal talent, some of the experts said. judicial evaluations. ‘‘When judges lose legitimacy in the public ‘‘Taken together, it’s clear that Repub- It has been a long time since we took eye, they lose the ability to enforce unpopu- licans want to remake our courts by jam- up this important topic, and I know lar decisions,’’ said Arthur Hellman, an ex- ming through President Trump’s nominees the reaction is, well, this is just an- pert on the federal judiciary and law pro- as quickly as possible,’’ said Sen. Dianne other going-through-the-motions ef- fessor at the University of Pittsburgh. ‘‘And Feinstein (D., Calif.), the ranking member of fort, but I assure you that is not the that’s when you see an unraveling in the rule the Senate Judiciary Committee, in an case. These reforms are not only pos- of law.’’ emailed statement. sible, they are very important because Others said the changes were part of a nat- The median time from nomination to Sen- they will positively impact real peo- ural progression away from Senate tradi- ate confirmation for circuit-court nominees tions that allowed the minority party to was less than a month in the administra- ple’s lives. stall nominations for partisan reasons. tions of presidents Lyndon Johnson and Arthur Brooks of the American En- ‘‘If you’re not a fan of the Senate-wide fili- Richard Nixon, said Russell Wheeler, a vis- terprise Institute has said that ‘‘some buster, you’re probably not a fan of a fili- iting fellow at the Brookings Institution who believe that taxation is a dry topic

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A28NO6.003 S28NOPT1 November 28, 2017 CONGRESSIONAL RECORD — SENATE S7347 with no moral significance, but noth- People who want to start a new busi- On corporate taxes, we are seeing a ing could be further from the truth.’’ ness say: Well, if I have a choice where lot of hypocrisy from our friends across For example, by doubling the standard to start that business, why should I the aisle who had previously cham- deduction, we will limit the number of start that business in a country that pioned some of the very provisions we people who have to itemize their tax punishes us with the highest tax rate have included in this legislation. For deductions in order to claim the full in the world? example, the ranking member of the legal deduction. That means that now The current tax system penalizes Senate Finance Committee, our Demo- only 1 out of every 10 taxpayers will success by taxing American ingenuity cratic friend from Oregon, had pre- have to itemize and 9 out of 10 will just and hard work at rates that are uncom- viously championed a 24-percent cor- claim the standard deduction, which petitive, and it discourages our free en- porate rate because he recognized that will now be doubled. terprise system. What I mean is that it a 35-percent corporate rate chased com- We are also going to double the child sends messages to Americans like, panies, businesses, and jobs overseas. tax credit, which will help working don’t work so hard because, you know Now he calls our reduction in corporate families provide the things they need what, you are not working for yourself, taxes a giveaway to corporations. You in order to take care of their growing you are working for the government. could consider the statements made by families. It will mean that more people We ought to be sending the message President Barack Obama in 2011 when will have more money left over after that by working harder, you can keep he said to a joint session of Congress— paying Uncle Sam to spend on their more of what you earn and spend it the he said that one of the things Repub- own families, to invest in their chil- way you see fit. licans and Democrats need to do to- dren’s education, maybe to even take Companies, of course, have no par- gether is to work on lowering the cor- the first vacation they have taken in 10 ticular loyalty to our country, so they porate tax rate because he, too, recog- years or more. don’t really have a need to stick nized that this was self-destructive, Mr. President, $2,200 is what a me- around because they are going to go to that it was chasing jobs overseas, that dian family of four will save in taxes countries where they can make the it was preventing the U.S. Treasury under our proposal. Maybe they want most profit, where they can keep more from collecting its taxes, and frankly to get their pickup truck fixed. Maybe of what they earn. that it was hurting the bottom line for they want to build a little financial My basic point is that the messages American families who maybe couldn’t cushion because they have been living our convoluted and archaic Tax Code is find work or whose work was not re- paycheck to paycheck. I can’t remem- sending are counterproductive. They warded with fatter paychecks and more ber the precise statistic, but the num- are counterproductive to workers who take-home pay. ber of people in America who could not are looking for jobs, they are counter- For corporate taxes, economists have said that actually lowering the cor- meet their financial needs if they expe- productive to workers who are looking porate tax rate will bring more invest- rienced an unexpected $400 cost— for a little more in their paychecks, ment and more jobs back home. If it maybe your car broke down, or maybe and they are counterproductive to fam- were lowered, expanded production and your house flooded, whatever the case ilies who want to save and provide for investment would increase domesti- may be. We need people to be able to their own future. cally. In 2016, the Tax Policy Center pro- keep more of what they earn and build Even though it might seem a little jected that almost 44 percent of Ameri- a cushion so they don’t have to live counterintuitive, Barack Obama; the with the anxiety of living paycheck to cans will pay no or negative individual Senator from Oregon, Mr. WYDEN; and paycheck, knowing that if the unex- income tax for 2017 under current law, the minority leader, Senator SCHUMER pected happens, it could put them in and some smaller number even get from New York, were correct when deep trouble. That $2,200 a year could more money back from the government they called for lowering the corporate mean a couple hundred dollars each in the form of refundable tax credits rate, and it is unseemly to now try to month to put toward your mortgage, to than they pay in taxes. We need to demagogue this issue by calling it a pay down your mortgage, or to provide make sure that everybody participates giveaway when it is not. We are doing a little breathing room. in our government. what they said we should do years ago. This plan is also designed to increase One thing I have heard a lot during When it comes to these corporate wages, and it is estimated that the this tax debate is that America is hor- rates, some of my colleagues have combined benefit of this bill, together ribly in debt. Sadly, that is true. But it raised concerns about passthrough with the economic growth we are an- is not because of our Tax Code. It is businesses. It is true that a number of ticipating, could mean as much as not because Americans aren’t taxed businesses operate here in America not $4,000 in additional income. So it not enough. It is not because we spend too as corporations but as passthrough en- only lowers the tax burden, but it much money defending our country tities, meaning that they pay their raises the income levels. Frankly, as I against threats here at home and business income on an individual tax mentioned a moment ago, our Tax abroad. It is because we have a spend- return. These concerns are legitimate, Code incentivizes American businesses ing problem. and we have worked hard to try to ad- to send jobs overseas. Why in the world Unfortunately, our Democratic col- dress them. wouldn’t we want to incentivize them leagues, who suddenly got religion Earlier, we were working with the to bring those jobs back home and in- when it comes to deficits and debt after National Federation of Independent vest here? doubling the national debt during the Business, which is one of the largest Not only can we make this Tax Code Obama administration, want to use trade associations in the country rep- better, but I want to emphasize why we this as a reason not to cut the taxes for resenting small- and medium-sized should. We have a historic opportunity, hard-working American families, and I passthrough businesses. We were able and we shouldn’t squander our chances think it is terribly misplaced. to come up with a solution which ad- to take a bit of the pressure off of frus- Is the deficit important? Is debt im- dressed their concerns and which bene- trated workers and struggling families portant? Yes, it is, and we know what fits those passthrough businesses. We who are trying to make ends meet. we need to do to fix that. But denying still have some more work to do, but This country has long been a leader the American people and hard-working that demonstrates what we can do in the world, with the strongest econ- American families the tax relief they when working together to try to an- omy and the strongest people, but the need and deserve and failing to get the swer the concerns people have raised reality is, our Tax Code is no longer a economy growing again is the wrong along the way during this legislative world leader. As I indicated earlier, we way to do it. process. have one of the highest tax rates in the Let me quote from Arthur Brooks The U.S. Chamber of Commerce, the world, particularly for businesses. So again. He said: ‘‘If income tax rates are National Federation of Independent what happens when countries like Ire- 100 percent, income tax revenue will be Business, which I mentioned a moment land or the United Kingdom lower their zero. Why? Because with a 100-percent ago, and nearly all major small busi- tax rates for businesses? Well, those tax rate, nobody will bother to work. ness advocacy groups support this leg- businesses move to those countries. And companies won’t produce’’ either. islation. We had a press conference

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.012 S28NOPT1 S7348 CONGRESSIONAL RECORD — SENATE November 28, 2017 here in the Senate, just off the floor, cess isn’t just a bygone notion, and it eral position, oftentimes the most lib- earlier this morning, and it was uni- is not just a figment of our imagina- eral position. The ABA not only opines form—everybody said this is good for tion. We can do it if we pass this tax on such issues through resolutions but small businesses. And small businesses reform bill this week, which we intend also lobbies legislatures and files briefs are what create the vast majority of to do. in court cases. jobs in America. I yield the floor. The ABA has done exactly what it I know that those who have contin- I suggest the absence of a quorum. chose not to do back in 1933 and revolu- ued questions or issues about the legis- The PRESIDING OFFICER (Mr. tionized the scope and purpose of the lation have had productive discussions JOHNSON). The clerk will call the roll. organization. It abandoned nearly a with all of us and today with the Presi- The senior assistant legislative clerk century of noninvolvement in political dent, who came to visit us. I am con- proceeded to call the roll. issues, the condition that was said to fident that if we keep working at it in Mr. HATCH. Mr. President, I ask justify a special role in the judicial ap- good faith, we can come up with a way unanimous consent that the order for pointment process. It hardly seemed to address the remaining issues so that the quorum call be rescinded. reasonable that the ABA could some- we are all satisfied as much as possible. The PRESIDING OFFICER. Without how seal off its evaluation of judicial There is an expression: Don’t let the objection, it is so ordered. nominees from all of this political ac- perfect be the enemy of the good. If The Senator from Utah. tivism so that its conclusions could you are waiting around for perfection, AMERICAN BAR ASSOCIATION AND THE BLUE- still be trusted. particularly here in the legislative SLIP COURTESY In 1987, several members of the ABA process, you are never going to get Mr. HATCH. Mr. President, I rise evaluation committee said that Judge anything done. That is not an excuse today to address two elements of the Robert Bork was not qualified to serve for not making it as good as it can pos- Senate’s process for evaluating judicial on the Supreme Court. I said at the sibly be, I believe, working together, nominations: the role of the American time that the ABA was ‘‘playing poli- preferably on a bipartisan basis. But if Bar Association and the so-called blue- tics with the ratings.’’ our Democratic colleagues refuse to slip courtesy. Each can influence the Three years later, several of us on participate, as they have done so far, appointment process, and we must be the Judiciary Committee, including then we have no choice but to do it diligent to ensure that neither is now-Chairman GRASSLEY, expressed ourselves. abused. the same view in a letter to Attorney So in the end, a vote against tax re- The Eisenhower administration was General Richard Thornburgh. We wrote form is a vote for economic stagnation. the first to request the input of the that the ABA ‘‘can no longer claim the It is allowing the perfect to be the ABA—American Bar Association—on impartial, neutral role it has been enemy of the good. The Wall Street prospective judicial nominations. given in the judicial selection process.’’ Journal, as they said yesterday—the Speaking to the 1955 ABA convention, This conclusion has been bolstered by question we need to ask ourselves is President Eisenhower thanked the academic research. In 2001, Professor not whether the tax bill is perfect but ABA for helping him and his advisers James Lindgren of Northwestern Uni- whether it is a net benefit to the to ‘‘secure judges’’ of the kind he want- versity law school published a study in United States. I think it clearly is, and ed to appoint. If that sounds as though the Journal of Law & Politics that ex- I think that, with the policies em- the ABA was a part of the administra- amined ABA ratings for nominees of bodied in this bill, we can restore tion, it was. Presidents George H.W. Bush and Bill America’s economic vigor. The ABA evaluated individuals be- Clinton. Controlling for race, gender, America must continue to prosper if fore they were even nominated. Indi- and a range of objective measurable it is to remain the economic beacon of viduals deemed not qualified by the credentials, Professor Lindgren found the world, and we need to remain a ABA were almost never nominated. No that Clinton nominees were 10 times— strong country economically so we can other interest group was given such a 10 times—more likely than Bush nomi- defend ourselves and our friends and al- quasi-official veto over nominations to nees to be rated well qualified by the lies abroad. The rest of the world—it is any other office. ABA. In fact, he found that ‘‘just being true—is just waiting for a sign that What could justify such a special role nominated by Clinton instead of Bush America’s best days are ahead, and for an interest group? What could do is better than any other credential or passing this important tax legislation that? The theory is that the ABA was than all other credentials put to- is an indication that it is the case that a nonpolitical professional association gether.’’ Professor Lindgren concluded America’s best days still lie ahead. concerned only with the legal profes- that ‘‘the patterns revealed in the data It is time to awaken the slumbering sion and the practice of law. are consistent with a conclusion of giant of the American economy. By At its 1933 annual meeting in Grand strong political bias favoring Clinton lightening the load on workers and Rapids, MI, for example, the ABA’s ex- nominees.’’ companies alike, we can make sure new ecutive committee considered changing A decade later, three political sci- opportunities abound for those just the ABA constitution to allow ‘‘discus- entists published a study in the Polit- coming into the workforce. We will sion and expressions of opinion on ical Research Quarterly, looking at make everyday drivers of the economy questions of public interest.’’ After ar- ABA ratings for U.S. Court of Appeals excited once again about our country’s guments that this would revolutionize nominees over a 30-year period. Apply- future. The President noted today, the scope and purpose of the ABA, no ing recognized social science methods, when he was with us at lunch, that one—not one person—supported the they concluded that ‘‘individuals nomi- consumer confidence is literally at an amendment, to the best of my knowl- nated by a Democratic president are alltime high. People have seen the edge. significantly more likely to receive stock market go up and their retire- In February 1965, ABA President higher ABA ratings than individuals ment funds that are invested in pen- Lewis Powell, who later served on the nominated by a Republican president. sion funds or in their IRA or elsewhere Supreme Court, wrote that ‘‘the pre- . . . [W]e find . . . strong evidence of skyrocket since the Trump administra- vailing view is that the Association systematic bias in favor of Democratic tion came into office. I think that is must follow a policy of noninvolve- nominees.’’ You don’t say. because people are sensing we are on ment in political and emotionally con- President Trump recently nominated the verge of a great economic recovery. troversial issues.’’ If that view actually Steven Grasz to the U.S. Court of Ap- Accepting a stagnant, anemic recov- prevailed in 1965, it did not last. peals for the Eighth Circuit. The dis- ery is not something we have to do. We The ABA House of Delegates soon tinguished Senators from Nebraska know what we need to do to rev up the crossed the political Rubicon and have, in the Judiciary Committee and engine of the American economy and began taking positions on a host of here on the Senate floor, detailed Mr. get it moving again to benefit all of us. issues through Federal arts funding, af- Grasz’s extensive experience and wide Through tax reform, let’s show that firmative action, the death penalty, support throughout the legal commu- the American dream of allowing men welfare policy, immigration; you name nity. He served as chief deputy attor- and women to work hard and earn suc- it, and the ABA has endorsed the lib- ney general of Nebraska for nearly a

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.013 S28NOPT1 November 28, 2017 CONGRESSIONAL RECORD — SENATE S7349 dozen years, during which time he de- treated the blue-slip courtesy as a sin- ing nominations to positions in their fended the constitutionality of the gle-Senator veto. One of them, appar- States. Home State Senators enjoy State’s law banning partial-birth abor- ently, was to empower southern seg- countless ways to convey their views tion. That might have been his most regationist Senators to block judges to colleagues here in the Senate, and serious sin in the eyes of the ABA, who might support integration. every Senator may decide whether and which has aggressively embraced the The other 17 chairmen fall into two how to consider those views. But in the abortion agenda for more than four categories. The early chairmen allowed end, the blue slip is a courtesy, not an decades. objecting home State Senators to absolute veto. This distinction matters In 1969, the ABA formed a committee present their views in the nominee’s because tomorrow the Judiciary Com- on overpopulation, which immediately confirmation hearing. In the last few mittee will hold a hearing on a nomi- launched a project on the law of abor- decades, chairmen of both parties have nee to the U.S. court of appeals from a tion and endorsed the Uniform Abor- said that a negative blue slip would not State with two Democratic Senators. tion Act in 1972, even before the Su- veto a nominee if the White House con- One has returned the blue slip; the preme Court’s now-infamous Roe v. sulted in good faith with the home other has not. Wade decision legalizing abortion on State Senators. That is the approach Chairman GRASSLEY’s decision to demand. The committee endorsed Fed- that Chairman Joe Biden took and that hold a hearing is completely consistent eral funding of abortion in 1978, and in I continued when I was chairman, each with the history and purpose of the 1990, by more than two to one, they op- of us under Presidents of both parties. blue-slip courtesy. Democrats falsely posed any requirement of parental no- The blue-slip courtesy, then, has claim that Chairman GRASSLEY is tification before abortions are per- been a way to highlight the views of eliminating what they say is a long- formed on minors. The ABA, again, home State Senators and to encourage standing precedent that home State fully embraced the abortion agenda in the White House to consult with them Senators may automatically veto ap- 1992 and never looked back. It is no when choosing judicial nominees. And peals court nominations. No such wonder that they would deem someone it works. When chairmen of both par- precedent exists, or ever has, unless like Mr. Grasz not qualified for the ties have chosen, only a handful of the practice of only two chairmen for bench. times, to proceed with a hearing for a only a fraction of the last century con- President Trump has also nominated nominee who lacked two positive blue stitutes controlling precedent—and we Brett Talley to the Federal district slips, their decision was consistent all know it shouldn’t. court in Alabama. Tally attended Har- with this approach. It is beyond hypocritical for Demo- vard Law School. He spent years in a Today, Democrats want to rewrite crats to pretend they actually care prestigious clerkship at the Federal ap- the history of blue slips and redefine about the confirmation process prece- pellate and trial court levels. He has the very purpose of the courtesy behind dent. They began the practice of forc- worked here in the Senate. He has the process. They want to weaponize ing time-consuming rollcall votes for served as a deputy solicitor general of the blue slip so that a single Senator nominees with no opposition at all. the State of Alabama. He has served in can, at any time and for any reason, They began the practice of using the the Justice Department most recently prevent Senate consideration of judi- filibuster to defeat majority-supported as Deputy Assistant Attorney General cial nominees. They want to change nominees. They began the practice of in the Office of Legal Policy. He enjoys the traditional use of the blue slip be- forcing the President to renominate in- the support of both of Alabama’s home cause they can no longer use the fili- dividuals multiple times. They began State Senators and has a sterling rep- buster to defeat judicial nominees who the practice of forcing cloture votes on utation in the legal community. Yet have majority support. unanimously supported judicial nomi- Democrats opposed filibustering judi- he, too, has been deemed not qualified nees and then delaying a confirmation cial nominees during the Clinton ad- by the ABA. How is that possible? That vote for days. These weren’t actions ministration. Then, in just 16 months determination is nakedly political and undertaken by Republicans. There is during the 108th Congress, Democrats should not be taken seriously. one side, and one side only, that has The ABA once defined its purpose in conducted 20 filibusters on judicial continuously pushed this envelope. terms of the legal profession and the nominees by President George W. Bush. practice of law. It has, however, chosen These were the first judicial filibusters Democrats cite a 2009 letter to Presi- a different path. By doing so, the ABA in history to defeat majority-supported dent Obama from the Republican con- has not only abandoned what once judicial nominees. ference and an op-ed I publishing in might have justified its role in judicial The filibuster pace dropped by two- 2014 defending the blue-slip courtesy. selection but has also cast serious thirds under President Obama when In each situation, the Democratic ma- doubt on the credibility and integrity Republicans conducted just 7 filibus- jority was actually threatening to of its judicial nominee ratings. The ters in 30 months. Claiming that de- abolish the blue-slip policy altogether. ABA was, of course, free to do so, but clining filibusters were nonetheless a In my op-ed, I emphasized that the it should not expect that its actions crisis, Democrats in 2013 abolished blue-slip courtesy is intended to en- have no consequences. nomination filibusters for all executive courage consultation by the White The other element of the judicial and judicial nominations except for the House with home State Senators. confirmation process that I want to ad- Supreme Court. When he became chairman in 2015, dress is the so-called blue-slip cour- Democrats took away the ability of Senator GRASSLEY explained the blue- tesy. This is an informal practice, 41 Senators to block consideration of slip process to his constituents in a Des begun in 1917, by which the Judiciary judicial nominations on the Senate Moines Register op-ed. He wrote that Committee chairman seeks the views floor, but now they demand that a sin- the process has value and that he in- of Senators regarding nominees who gle Senator have that much power in tended to honor it. He is doing just would serve in their States. This prac- the Judiciary Committee by turning that by returning to the real history tice really gets noticed only when the the blue-slip courtesy into a de facto and purpose of the blue-slip courtesy. President and Senate majority are of filibuster. Like the ABA’s rating of My Democratic colleagues seem to the same party. In that situation, as nominees, nothing but politics explains think that the confirmation process we face today, the question is whether this flip-flopping and manipulation of should be whatever they want it to be a home State Senator can use the blue- the confirmation process. at whatever moment they so choose. slip courtesy to block any Senate con- On October 31, I addressed this issue Now they demand that, contrary to sideration and, therefore, effectively here on the Senate floor and suggested most of the last century, a single Sen- veto a President’s nominees. that the history and purpose of the ator should be able to do informally Since the blue-slip courtesy was es- blue-slip courtesy could help guide its what 41 Senators can no longer do for- tablished, 19 Senators, including my- application today. I still believe that. mally. They demand following prece- self, have chaired the Judiciary Com- The views of home State Senators mat- dent that does not exist while creating mittee—10 Democrats and 9 Repub- ter, and the White House should sin- new obstruction precedents of their licans. Only 2 of those 19 chairmen cerely consult with them before mak- own. Democrats have forced the Senate

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.016 S28NOPT1 S7350 CONGRESSIONAL RECORD — SENATE November 28, 2017 to take 60 cloture votes on nomina- is an expense. It is a blessing, but it take for example a tire changer and a tions so far this year, 13 of them on ju- costs money. At the end of the day, it preschool teacher with two children in dicial nominations. That is nearly nine doesn’t always matter only how much Gainesville, FL—the home of the uni- times as many as during the first year you make; it also matters how much versity in Florida, the finest learning of all new Presidents—all new Presi- you spend. And when you are raising institution in the Southeast—an edi- dents—since the cloture rule was ap- children and raising a family, the costs torial thing, but it is a matter of fact. plied to nominations in 1949. are often out of your control, and they But I digress. Let me get back to chart I have been in the minority a number increase substantially every single No. 1 and talk about this family. of times, multiple times. I get it. year. So perhaps the best way to illus- The husband, as I said, works at a Democrats want their way, and they trate to my colleagues the impact that local auto shop as a tire changer. His don’t always get it. That hardly means tax reform has on working families is wife is a preschool teacher. According that the majority in general and Chair- to talk about real people and their real to the Bureau of Labor Statistics, with man GRASSLEY in particular are not lives—how much money they make and these two jobs, their combined income being fair, consistent, or evenhanded. what tax reform would mean for them. would be $28,300. Because the increase The blue-slip courtesy has a history, I want to start with a real family, a to the child tax credit is nonrefund- and it has a purpose. It exists to allow particular family my staff has been able—the extra money we put in—this home State Senators to share their communicating with; that is, the Star- family wouldn’t nearly have enough in- views with the Judiciary Committee ling family, Richard and Emily, a very come tax liability to take advantage of and to encourage White House con- young family from Jacksonville, FL. the full credit. So the bill as it is cur- sultation with them before making They have a 2-year-old daughter, and rently written gives them a tax cut of nominations. they are expecting their second child in $200—about $50 per person. Neither a liberal interest group like March. Richard is a pastor, and he But what if we did what Senator LEE the American Bar Association nor works part time at Starbucks. He and I are proposing, which is to make abuse of the blue-slip courtesy should makes about $25,000 a year. His wife the child tax credit fully refundable, be allowed to further distort and politi- Emily stays home and cares for their even against payroll tax. Well, then cize the judicial confirmation process. daughter while he is at work. their tax cut would not be $200, it It is a disgrace. It really is a dis- Because of their income, the Senate would be $1,570. Trust me when I tell grace, the way the Democrats changed tax bill’s nonrefundable child tax cred- you that for a family making $28,000 a the rules automatically, overnight, it increase would actually be worth year, a $1,500 pay increase in real cash without even consulting with Repub- very little to them. A lot of people matters. It matters. It doesn’t solve all licans, and doing it solely to give ad- have said to me: Well, we have in- of their problems, but it helps. vantage to their side, even though this creased it to $2,000. Isn’t that great? It Here is another one. Take this exam- is a process that really ought to have is. But what it means that people don’t ple. The husband is a private in the fair treatment on both sides at all understand is, if the majority—if all Army National Guard, and his wife is a times. the taxes you pay are payroll taxes, it waitress at a local restaurant. They Mr. President, I yield the floor. doesn’t help a lot. have three children. He is on Active The PRESIDING OFFICER. The Sen- I, frankly, get offended when I hear Duty at Camp Blanding in Starke, FL. people say: These are Americans who ator from Florida. She works full time. They have a com- don’t pay taxes. They do pay taxes— Mr. RUBIO. Mr. President, I ask bined income of $33,832, according to not income tax, but they pay payroll unanimous consent that I be allowed to the National Guard base pay. complete my remarks. taxes. They take it out of your check Because the increase, again, is non- The PRESIDING OFFICER. Without every month. Trust me, it is a tax. It is refundable in the child tax credit, they objection, it is so ordered. less money than what was supposed to don’t have enough income to take full be there after the tax. TAX REFORM advantage of the tax credit. The bill as So the tax credit, while we increased currently written cuts their taxes by Mr. RUBIO. Mr. President, I know we it to $2,000—and that is great for a lot $388. The proposal that Senator LEE are scheduled for a vote in a few min- of people—it does nothing for them. utes. We will have plenty of time to The total effect is only about $115 for and I have outlined would cut their talk about this in the days to come. the family. That is how much they will taxes by $2,100. So a $2,100 pay increase I think one of the core things that I be saving in their taxes from the cur- for this working family in cash will hope tax reform will be about is em- rent year—$115. matter. It will matter. It doesn’t solve powering the American worker. By But here is where it gets worse. The all of their problems but, trust me, ‘‘the American worker,’’ I mean the Senate bill—which I am largely sup- $2,100 for this family, more than what people whom they don’t make Netflix portive of, but I just want to tell my they have today, will help them a lot, series about and we don’t see movies colleagues what the numbers are so we and it rewards the work they are doing. about too often anymore. There was a can see where the changes need to be— What about a single mother. Let’s time when the American worker was a the Senate bill would actually increase say she is a childcare worker. She has hero in our country. People looked up taxes in March when they have a child. one child and is living in Miami, FL, to the American worker and idealized You say: How can that be? Well, for where I live. She works full time. Ac- them. Today, obviously, entertainment some families in their income range, cording to the Bureau of Labor Statis- focuses on other professions. There is the nonrefundable increase for the tics, the median wage for that job is nothing wrong with that, but we have child tax credit is less valuable than $14,800 a year. She gets a tax cut under forgotten about their hard work and the current lost personal exemption. the current bill of about $100. If we do the millions and millions of Americans So we take away the personal exemp- what Senator LEE and I are talking across this country who truly remain tion and we put in this additional child about doing, she will get a $1,000 tax the backbone of our economy and our tax credit, but it is nonrefundable. cut. I am not telling you that $1,000 Nation. They can’t get to that tax credit be- solves all of her problems, but a $1,000 There are hard-working men and cause they are not paying income pay increase for a single mother mak- women who are struggling to get by, taxes, and the result is that if they ing $14,800 a year will matter. not because they are not working hard make $26,000 instead of $25,000, the Sen- How about a loading dock worker and but because everything costs more— ate bill would actually take away $15 a cashier in Northwest Florida after something you quickly find out as your from their per-child tax cut. having two kids. Here is what we point family begins to grow. That is why I So these families work hard and pay to: a glaring blind spot in the way this have spent so much time talking about their taxes, they raise children, they is structured. Again, for many working the child tax credit. A lot of people are contributing an extraordinary families, because the child tax credit is confuse that with the childcare credit, amount to our country, and they need nonrefundable, it will actually be less which is important as well. our help more than ever before. valuable to parents than the dependent The child tax credit takes into ac- There are a couple other examples, exemption and the existing child cred- count the reality that raising children and I will go to the first chart. Let’s its are under current law today. I think

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.018 S28NOPT1 November 28, 2017 CONGRESSIONAL RECORD — SENATE S7351 this is the opposite of pro-family pol- then probably having to put the extra NOT VOTING—2 icy. on your credit card, unfortunately. Corker McCain Let’s look at this example. He works This proposal will drive consumer The nomination was confirmed. as a freight mover at a lumber ware- spending. It will allow them to pay for The PRESIDING OFFICER (Mr. house, and she works as a cashier. They some things they can’t buy now. These RUBIO). The majority leader. both work and live full time in Live kids outgrow their shoes so fast. The Mr. MCCONNELL. Mr. President, I Oak, FL. Their average combined in- bookbags don’t make it through a year. ask unanimous consent that with re- come is about $28,650. Under the cur- There are so many things we could be spect to the Katsas nomination, the rent Tax Code, the way the law is helping families with, and our tax re- motion to reconsider be considered today, if they have two kids, their tax forms should do that. made and laid upon the table, the cut would be $2,776. That is what they Everybody in this town has a trade President be immediately notified of would save. Under the current bill, association, has a lobbyist, has news- the Senate’s action, and the Senate their tax cut would be $2,656. So, in es- papers that write about them. Who then resume legislative session. sence, under the way the bill is struc- writes about them? Who writes about The PRESIDING OFFICER. Without tured now, they would be getting $120 these working Americans—working objection, it is so ordered. less—or keeping $120 less—than what Americans, not people asking for any- they would under the law today, for a thing from the government. They go to f family making $28,000 a year. work. They work hard. They work LEGISLATIVE SESSION We can fix it, because under the pro- every day. Who fights for them? Who The PRESIDING OFFICER. The Sen- posal Senator LEE and I will have, they talks about them? Who represents ate will now resume legislative session. are going to see a tax cut of $4,000 for them? That is supposed to be us. having that additional child. That is If we are serious about representing f $1,200 greater than the current law. them, then let’s prove it. Let’s amend NATIONAL DEFENSE AUTHORIZA- That is a raise of $1,300 more than this bill and change it so we can give would happen under the bill as it is TION ACT FOR FISCAL YEAR working Americans the raise they de- 2018—MOTION TO PROCEED currently structured. serve, and that they need, to strength- I don’t think this is an intended con- en our country and strengthen our fam- Mr. MCCONNELL. Mr. President, I sequence. But this is a working family. ilies. move to proceed to S. 1519. They work. They pay payroll tax. They I yield the floor. The PRESIDING OFFICER. The make $28,000, $29,000 a year. Trust me The PRESIDING OFFICER. The clerk will report the motion. when I tell you this money will matter. question is, Will the Senate advise and The senior assistant legislative clerk It won’t solve all of their problems, but consent to the Katsas nomination? read as follows: it will help. It is a pay raise. Mr. RUBIO. Mr. President, I ask for Motion to proceed to Calendar No. 165, S. Last but not least, I live in West 1519, a bill to authorize appropriations for the yeas and nays. Miami, FL. I have lived there since fiscal year 2018 for military activities of the The PRESIDING OFFICER. Is there a 1985. It is a working-class neighbor- Department of Defense, for military con- sufficient second? hood. According to the census, the av- struction, and for defense activities of the erage family income in West Miami, There appears to be a sufficient sec- Department of Energy, to prescribe military ond. personnel strengths for such fiscal year, and where I live, is $38,000—let’s say $39,000. for other purposes. That doesn’t mean that West Miami is The clerk will call the roll. poor. I know the people there. They The assistant bill clerk called the The PRESIDING OFFICER. The Sen- work hard. They pay their taxes. They roll. ator from North Dakota. raise their children well. They go to Mr. CORNYN. The following Senators TAX REFORM work 5 days a week for 8 or 9 hours a are necessarily absent: the Senator Mr. HOEVEN. Mr. President, I rise to day, sometimes on the weekends. But from Tennessee (Mr. CORKER) and the discuss the tax relief bill, which the because it is a working-class town, the Senator from Arizona (Mr. MCCAIN). Senate is working very hard to try to nonrefundable increase we put in for The result was announced—yeas 50, pass. I brought some charts with me to the child tax credit doesn’t do much. nays 48, as follows: show the impact this bill will have in As an example, based on the census [Rollcall Vote No. 283 Ex.] terms of reducing the tax burden for data for West Miami, for that ZIP Code YEAS—50 hard-working American taxpayers and also helping to grow our economy. that I live in, more than 2,500 children Alexander Flake Perdue in this ZIP Code—meaning more than Barrasso Gardner Portman It is important to understand this is half of the total number of children liv- Blunt Graham Risch not just about making sure American ing in that area—would be receiving Boozman Grassley Roberts taxpayers can keep more of their hard- Burr Hatch Rounds earned wages and income but also this less than the full credit than they Capito Heller Rubio would otherwise be eligible for. Why? Cassidy Hoeven Sasse is about making sure we have a grow- Because for their parents, their pri- Cochran Inhofe Scott ing economy, that we have more jobs, Collins Isakson Shelby and that we have rising wages and ris- mary tax liability is the payroll tax. Cornyn Johnson Strange And you cannot help working families Cotton Lankford ing income for American workers. Here Sullivan Crapo Lee are just some of the statistics that with a tax cut if you do not allow the Thune Cruz Manchin show that. These statistics are accord- cut to apply to the payroll tax. It is as Daines McConnell Tillis simple as that. Enzi Moran Toomey ing to the nonpartisan Tax Foundation We have to do that. If we want to Ernst Murkowski Wicker and also the Council of Economic Ad- help people in this country, if we really Fischer Paul Young visers. What you see from this first want to help them have a little bit NAYS—48 chart is, this tax relief package is more in their pocket, then let’s imple- Baldwin Gillibrand Murray about real economic growth, not just ment the proposal that Senator LEE Bennet Harris Nelson making sure our taxpayers get a tax and I have put forward. Blumenthal Hassan Peters cut but about growing our economy. By the way, I hear these economists Booker Heinrich Reed This top number, which comes from Brown Heitkamp Sanders and other people say: Well, it won’t do Cantwell Hirono Schatz the Council of Economic Advisers, is anything for growth. Cardin Kaine Schumer $4,000 that workers, on average, would You really don’t understand how Carper Kennedy Shaheen receive from the economic growth cre- Casey King Stabenow working Americans live. Someone who Coons Klobuchar Tester ated by the combination of reducing makes $38,000 a year or $35,000 a year Cortez Masto Leahy Udall the regulatory burden, which is some- basically spends every penny they Donnelly Markey Van Hollen thing we have been working on all year make. They have to. If you make Duckworth McCaskill Warner with the administration—reducing that Durbin Menendez Warren $38,000 a year, with two kids, you are Feinstein Merkley Whitehouse regulatory burden—and combining that spending every penny you make and Franken Murphy Wyden then with tax relief to generate more

VerDate Sep 11 2014 02:39 Nov 29, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28NO6.020 S28NOPT1