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

Vol. 163 WASHINGTON, FRIDAY, FEBRUARY 17, 2017 No. 28—Part II Senate (Legislative day of Thursday, February 16, 2017)

EXECUTIVE CALENDAR—Continued bris floating in the Cuyahoga River ac- light of the fact that without selective tually caught on fire, causing thou- biologicals, these compounds would be com- The PRESIDING OFFICER. The Sen- pletely useless. ator from Hawaii. sands of dollars in property damage. Mr. SCHATZ. Mr. President, in late The water in Lake Superior, one of the This is how the controversy went on October, people who lived in a place most beautiful lakes in the United for the next few years. The public, the called Donora shrugged off the thick, States, became so toxic from compa- science, and the reality all pointed to- yellow smog that had covered their nies dumping asbestos-laden waste that ward the truth, but a few loud voices small town. It was 1948. It wasn’t un- local communities had to start fil- persisted. They did not want the move- usual to see a smog blanket the town, tering their water. Think about that. ment to go forward. This continued thanks to the zinc plant and the steel People could drink the water from even after Rachel Carson passed away, mill that smoked endlessly into the local reservoirs, unfiltered, until pollu- tragically and prematurely, of cancer Pennsylvania sky. It wasn’t unusual to tion came along. This was the path our in the year 1964. see people coughing as they went about country was on. Here is what the New York Times their day. As one reporter put it, ‘‘Peo- Pollution was destroying some of the published in her obituary: ple are always coughing in Donora.’’ most beautiful places in this country— The most recent flare-up in the continuing What was unusual is that the smog on the planet, in fact—putting the pesticide controversy occurred early this health of the public and the health of month when the Public Health Service an- did not clear as the day went on. It lin- nounced that the periodic huge-scale deaths gered, hanging around the town, our economy at grave risk. of fish on the lower Mississippi River had wreaking havoc for the next 5 days. At There was another event in the early been traced over the last 4 years to toxic in- first, life seemed to go on. The Hal- 1960s that helped our country to see gredients and three kinds of pesticides. Some loween parade went on as planned, even clearly that the path we were on would persons believe that the pesticides drained though no one could really see the peo- only lead to destruction. Rachel Car- into the river from neighboring farm lands. ple marching. The high school football son, scientist, public servant, and au- A hearing by the Agriculture Department of the Public Health Service’s charges ended game went on as planned, although the thor, published a book called ‘‘Silent Spring.’’ This book laid out in simple, a week ago with a spokesman for one of the quarterbacks avoided passing plays pesticide manufacturers saying that any since the wide receivers couldn’t see beautiful prose the threats that pes- judgment should be delayed until more infor- the ball. But then someone died. People ticides and pollution posed to our envi- mation was obtained. couldn’t breathe. As the local hospital ronment or what Carson called a The line of argument captured in the started to fill, the town hotel set up ‘‘Fable for Tomorrow.’’ She wrote: New York Times is familiar to anyone beds for overflow patients. By the ‘‘The most alarming of all man’s as- who has watched our Nation struggle fourth day, the hotel had to set up an- saults upon the environment is the to come to a shared set of facts around other emergency section—this time, a contamination of air, earth, rivers and a number of difficult issues, but even in temporary morgue. The town’s three sea, with dangerous and even lethal the face of so much controversy, the funeral homes were overwhelmed. On materials.’’ country did the right thing. In address- Carson’s book made clear that we the fifth day, the stacks of a zinc plant ing the threats to our environment, the were contaminating the environment stopped their endless streams of U.S. Government—with substantial and that this could not go on. Her book smoke, and the smog that would be- and commendable support from Repub- sounded a call for change, as millions come known as the Donora death fog licans—began to lay the foundation for of Americans began demanding that finally lifted but not before nearly 7,000 a new America, one that would pre- the government take action, but there people fell ill and 20 died. serve and protect our country and its was also a backlash. Here is what one This is one of the many stories that resources for the next generation. show us what life was like in the industry spokesman said as public I would like to highlight three of the United States of America before the opinion began to coalesce around ad- critical cornerstones in the foundation: EPA was created. In the early 1960s, dressing pollution: the EPA, the Clean Air Act, and the millions of freshwater fish and rivers The major claims of Miss Rachel Carson’s Clean Water Act. around the country were poisoned by book Silent Spring are gross distortions of Let’s start with the EPA itself. It the actual facts, completely unsupported by insecticides—hurting consumer trust scientific experimental evidence and general, was established in 1970 by President and the countless fishermen and their practical experience in the field. Her sugges- Nixon. He united several offices and bu- families who relied on the fish to make tion that pesticides are in fact biocides de- reaus already in the Federal Govern- a living. Pollution was so bad that de- stroying all life is obviously absurd in the ment into a single agency—one that

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

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VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.129 S16FEPT2 S1316 CONGRESSIONAL RECORD — SENATE February 17, 2017 would oversee all of the laws, protec- World War II. At first, DDT seemed The second cornerstone of our efforts tions, research, and policies about the like a dream chemical. It was used to to protect the environment is the Nation’s environment. The mission of protect soldiers from pests and then to Clean Air Act. Before the EPA opened the EPA was clear from the start, to protect crops like cotton, but soon it its doors, States set their own stand- protect human health and the environ- became clear—thanks to Rachel Carson ards for clean air, and most States had ment. Almost immediately, something and others—that this chemical was cre- weak standards because they were in a really exciting happened. There was a ating far more harm than good. Public race to the bottom to attract compa- feeling of hope and anticipation for health was really in danger. The bald nies that didn’t want to have to deal what this Agency could do for the eagle and other wildlife were being with the damage they caused. Imagine country. Within the first few months, poisoned, and the pests that were sup- you are in a State and have three or tens of thousands of resumes came posed to be put off from bothering the four adjacent States and someone flooding in from across the country as crops were adapting, becoming more wants to cite a factory. Well, it is very people clamored to work for the EPA. resistant, even as the chemicals be- difficult to have a strong environ- Here is how one man who worked for came more potent and ultimately more mental standard because that factory the Agency described it: dangerous. is no doubt going to find the place There was a palpable sense of excitement Thanks to the EPA, the use of DDT where they are allowed to pollute the that we were about to do something big. We came to an end. The health of children, had to do things big because the newspapers most, which is why you have Federal families, and wildlife immediately im- standards. Not surprisingly, these low and news magazines were filled with stories proved. The bald eagle slowly recov- about Lake Erie dying. I think it was a year standards were fueling air pollution. or two before that the Cuyahoga had indeed ered, to the point where it is no longer Every day, the average American caught on fire. I believe the Houston Ship a threatened or an endangered species. takes between 17,000 and 23,000 breaths. Channel had the same issue. We knew we The Agency also found a solution to If the air we are breathing is filled with acid rain, which was a major problem were there to really deal with substantial toxic chemicals, we are at risk for can- problems, and we were going to meet with that killed fish, hurt American farm- cer, birth defects, and damage to our immediate pushback. ers, and caused damage to forests and lungs, our brain, and our nerves. That For the next 40 years, the EPA would infrastructure alike. After studies risk is even higher for people with build a legacy of preserving and pro- showed how high concentrations of asthma and for senior citizens. tecting the country’s air, water, and lead were hurting our kids, the EPA Remember, humans are not the only natural resources, working to make took action to remove it from gasoline ones that rely on clean air. Trees, our country a better place to live. and from the air. Because of that ac- crops, wildlife, lakes, fish are all at I just want to say that whatever the tion, lead levels in both kids and adults risk of damage when we have dirty air. final disposition of this nomination have dropped by more than 80 percent So eventually the American public de- ends up being—and I know we will push since the late 1970s. We have a lot more manded that something be done to as hard as we possibly can for the delay work to do on lead, but that is one of clean up our air. of this decision, until we are able to see the many EPA success stories. In 1970, Congress on a bipartisan the contents of Mr. Pruitt’s emails as The EPA then took on secondhand basis, passed the Clean Air Act. This directed by the court this afternoon— smoke, banning smoking in indoor pub- but whatever the decision is of the Sen- lic places. It pushed the auto industry law, along with later amendments, ate under advice and consent, it is real- to design technology that would reduce makes up the complete Federal re- ly important that this be said: EPA the amount of pollution created by sponse to air pollution. It is a beau- employees still have an obligation cars, a step that would reduce the tifully written law. It gives the EPA under Federal law to do their job, to amount of pollution per mile emitted the authority to limit air pollutants protect air and water, to administer by cars by up to 90 percent. It provides and emissions from industry plants. It the Clean Air and Clean Water Act, to technical assistance to State and local empowers the Agency to research and enforce the Endangered Species Act. governments that otherwise don’t have fund different approaches to keeping We are confirming a head of an Agency, the resources or the know-how to tack- the air clean. It creates partnerships but this new head of an Agency is not le problems on their own. between Federal, State, and local gov- the Emperor of the Agency. The Agency has also empowered the ernments to reduce air pollution. Who This new head of an Agency has obli- public through right-to-know laws that could argue with that? gations under the statute to enforce give people access to information As soon as it was passed, people knew the laws on the books, and he has a about chemicals, toxic substances, and that this law was a game changer. current role as the lead of the Repub- pollution in their own communities. President Nixon said: ‘‘I think that 1970 lican Attorneys General Association After studies show how low-income and will be known as the year of the begin- and as a plaintiff in multiple lawsuits minority communities face greater en- ning, in which we really began to move against the EPA, and that is a reason vironmental risks, the EPA formed an on the problems of clean air and clean many of us object to his confirmation. Office of Environmental Justice, dedi- water and open spaces for the future If he is confirmed, every EPA employee cated to making these communities as generations of America.’’ has rights. They have whistleblower safe as any other in the country. As is That is exactly what happened. The rights, they have protections, and they so often the case, this Federal Agency impact was actually felt very quickly, have obligations under the statute so set the bar for the rest of the world on starting with the auto industry. The that if this EPA tries to do anything how governments can protect and pre- Clean Air Act called on the auto indus- unlawful, anything that contravenes serve the environment. try to drastically reduce the amount of the Clean Air Act, the Clean Water One leader of the EPA who served nitrogen oxide, carbon monoxide, and Act, the Endangered Species Act, then under President George H.W. Bush re- other harmful chemicals that came out all of the EPA employees are called that the Agency worked with of the tailpipes across the country dutybound under the law to follow the countries as varied as Morocco and within 5 years. law. Mexico to battle fires or spills. After Consider that today there are more No one in the Federal Government the EPA sent people to help with a than three times the amount of cars on should be forced to do anything unlaw- Russian spill that was impacting Esto- the road than they were in the 1970s. ful, and we support the EPA employ- nia, the Prime Minister wrote the EPA Now imagine that the chemicals com- ees, in particular, who we know work a letter, saying their visit was the ing out of each of those car’s tailpipes so hard and are so dedicated to such an most important visit of any Ameri- were 90 percent more harmful. That is important cause. We know they are can’s since Charles Lindbergh had where we would be without the Clean under intense scrutiny and pressure, flown from Russia to Estonia in 1933. Air Act. and I think it is worth saying that we So the EPA has had incredibly im- It was not so long ago that commu- support them but also that the law sup- portant impacts, from boosting diplo- nities would cancel high school for kids ports them. macy around the world to protecting because the air pollution was so bad, One of the first actions of the Agency the lungs of little ones right here at not in Beijing but in California. That is was to ban DDT, a pesticide used in home. no longer the case, not for numerous

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.130 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1317 reasons, not for a dozen or so causes So one State having tough clean air some basic stuff. Even if you are a lib- but because of the Clean Air Act. This standards doesn’t really function in ertarian, if you are not nuts, you think law has literally saved millions of terms of the ecology because pollution that the government should do a cou- lives. It has improved the health of knows no boundaries. The same study ple of very basic things, and among millions of others. that I referred to found that air pollu- them is to keep the water clean. Because the EPA has been there to tion has improved in the United States, I wanted to share some interactions I enforce it, air pollution has fallen by 70 thanks to environmental protection. have had with the craft beer industry. percent since 1970. Smog levels in Los But our work is not done. Nearly 90,000 They wrote a letter this week about Angeles have fallen from their peak by people every year in the United States how important clean water is to them. two-thirds. Nationwide, lead in our are at risk of a premature death be- Here is a section of it: cars is down 98 percent, carbon mon- cause of air pollution. That number Beer is about 90 percent water, making oxide is down 85 percent, sulphur diox- will rise if we chip away at this basic local water supply quality and its character- ide is down 80 percent, acid rain is foundation. istics such as pH and mineral content, crit- down 50 percent, and all at a fraction of The third and final cornerstone of ical to beer brewing and the flavor of many anticipated costs. that foundation is the Clean Water classic brews. Let me make two points here. First Act. It is really important to remem- Changes to our water supply—whether we of all, it is actually rare that a law draw directly from a water source or from a ber how bad things were before the municipal supply—threaten our ability to works this well. I mean, it is hard to Clean Water Act. I mean, we are not make a good law. Everybody talks consistently produce our great-tasting beer, where we need to be in terms of pro- and thus, our bottom line. about it as a sausage-making process; tecting our water resources. But it is Protecting clean water is central to our you don’t want to see what goes into it. kind of unfathomable how bad it was business and our long-term success. Not only But not all laws work over time. before this law was passed. does great-tasting beer we brew depend on it, This law actually worked. This law Water in communities across the but so do the communities in which we oper- actually cleaned up our air. That is a country was dirty. You could not swim ate. really important thing to remember. If or fish in two-thirds of the lakes, riv- Some of the largest and best craft you undermine this law, if you under- ers, and coastal waters in the country. breweries in the country signed onto mine the agency that enforces it, the You couldn’t swim or fish in two-thirds this letter, from the Allagash Brewing air does not clean up itself. This is not of the lakes, rivers, and coastal waters Company in Maine to the New Belgium an automatic thing. The air is clean in the country. That is a data point Brewing Company in Colorado. They because the government protects the that you would expect in a country are right to be concerned because it air. that is still industrializing, that just will not take much for our water to go I understand that, including the Pre- back to where it was in the 1970s. So it siding Officer and many Members of doesn’t have the pollution controls. When you go to certain parts of the is in the interest of many industries for the Republican Party, we have tough planet and you see essentially a very our country to have clean water, but debates about how big the government dirty environment, you would assume not all of them. should be, what its responsibility two-thirds, maybe more, of those lakes Publicly traded companies will do should be. But if you go from BERNIE and streams and waterways are too the minimum. In a lot of ways, the way SANDERS, a democratic socialist, to polluted to fish or swim. But this is the these companies are set up, they are RAND PAUL, the sort of Republican lib- actually obligated under the law to do ertarian—and I am not sure if you just United States. It was allowable to dump untreated sewage into open the minimum. They have to maximize sat down and had a cup of coffee with shareholder profit. They have boards of either of them or everybody in between water. You could dump untreated sew- age into open water before the Clean directors, they have earnings reports, on the political spectrum, in terms of they have quarterly obligations. their view of what the Federal Govern- Water Act. Whether you like it or not, that is the ment ought to do, gosh, I can’t imagine But that changed in 1972, when what way our system works. So, if you have that anybody—if you kind of get them is now known as the Clean Water Act a fiduciary obligation to maximize in a private moment—does not think became law and cleared the way for the profits, then you may give short shrift that it is a Federal role to keep the air Federal Government to restore and to environmental concerns. clean. protect the health of our water. There are moments where I see a pro- According to a study by the Aspen Compliance costs money. So most gram within a Federal agency and I Institute, the Clean Water Act stopped companies will comply only if they might love it, right, because of my po- billions of pounds of pollution from have to. If they are good companies, litical persuasion. But I can under- fouling the water and dramatically in- they feel that their obligation is to sit down with their lawyers and have the stand how a BEN SASSE or a RAND PAUL creased the number of waterways that lawyers explain to them what they or a MARCO RUBIO might object to it are safe for swimming and fishing. because they might say: Well, that Twenty years ago, you would have had must do to comply. sounds like a good idea, but my good- to have a death wish to go swimming But it is a rare company that says: ness, if that is so important, why don’t in Boston Harbor. Today, you don’t Hey, I want to do much more than we let communities decide whether or have to think twice. That is because of that. I mean Patagonia is great. There not to do that? the Clean Water Act. are other companies that do good work This is not one of those issues. Go But this is not just about enjoying in the environmental space. But let’s and talk to your constituents about the beauty of the water that it pro- be very clear: There are a handful of whether they want clean air. I don’t vides to so many communities, al- companies that are so motivated, ei- know that you are going to find too though not is not a small thing. Look, ther as a brand strategy or a mission- many Republicans out there—I mean a lot of people—left, right, and center— driven approach, that they are going to voters, not elected officials—voters, people who are not political, people on exceed their obligations under the law. who think clean air is, take it or leave the progressive side, people on the con- Most companies are going to do what is it, not a Federal role. servative side, people like lakes. Peo- required under the law and not much The truth is, that first of all, clean ple like the beach. People like the more. air is important enough to make a Fed- ocean. We can count on someone saying on a eral law about in the first place. But It is not unreasonable, whoever you board of directors in some corner office there is also a technical reason, not a voted for, to think that there are a few or someplace on Wall Street: Hey, we very complicated technical reason, but things that government should do: can save 3 percent here if we don’t a technical reason that you need a Fed- They should probably have some kind clean the water. That is why we need a eral law that is about clean air as op- of transportation infrastructure. There Clean Water Act. That is why we need posed to a State-by-State patchwork, should probably be a law enforcement the EPA. It is not a matter of left or and that is because the air travels. You function. Make sure that the water is right; this is a matter of right or cannot pollute in one State and expect clean, the air is clean, and we have wrong. This is a matter of clean or that it will not impact the other State. some national defense. Right? That is dirty.

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.131 S16FEPT2 S1318 CONGRESSIONAL RECORD — SENATE February 17, 2017 This is especially important because vere weather to drain our economy as a In the case of electricity generation our work is not done. We still have a whole. and transportation, the Clean Power ways to go. We still can’t swim or fish As a Senator from the State of Ha- Plan and the CAFE standards, the fuel in about one-third of our waterways. waii who has led the way in building a efficiency standards for cars, acceler- So these three cornerstones—this foun- clean energy infrastructure—producing ated the technological transition that dation of more than 40 years of clean, renewable energy and cutting was already underway. progress—have prepared us to tackle our dependence on fossil fuels—I know Here are a couple of examples. When what is the challenge of our lifetime, that we can achieve meaningful change the auto bailout came in, President climate change. There was a time when across our Nation, but we need the Obama negotiated very hard for an in- this was primarily the concern of the EPA and an Administrator to achieve crease in fuel efficiency standards. You conservation minded among us, people this. can imagine that the American auto like me: hikers, swimmers, surfers By law, the EPA has the authority to industry was basically on the ropes. It green groups, bird and butterfly people. take steps to cut any pollution that was about to die without a major bail- Right? I understand that. threatens human health and welfare, out. So they got the bailout, but there There was a time where this was including carbon pollution. Even the were also some strings attached, which mostly an ecological concern. You had Supreme Court agreed that if EPA were that they bring up fuel efficiency science people, you had hiking types found carbon pollution to be a danger, standards. They freaked out. And you who said: Hey, this thing is happening. the Agency was obligated to act to re- know what happened? They met the I read Al Gore’s book. This is a big duce the threat. So EPA has begun un- standards. And you know what hap- deal. They were 10 years ahead of the dertaking efforts to rein in those emis- pened after that? The American auto curve. But climate change is no longer sions. industry has never been stronger be- just an ecological issue; it is an eco- Every protection that the EPA cre- cause people like fuel-efficient cars, nomic issue. It is a quality of life issue. ates is the result of years of scientific right? What has happened with the Clean It is an American way of life issue. It inquiry, stakeholder involvement, pub- Power Plan and with the Paris climate is causing real harm to people and lic comments, and technological feasi- accord and the investment tax credit costing us billions of dollars now—not bility studies. and the production tax credit is that in the future, but now. For all the talk of Federal overreach, the cost of solar and wind energy is de- In recent years, the United States EPA gives an enormous amount of au- clining. But when utilities began has experienced a record number of thority to the States. For instance, in thinking about long-term investments devastating storms, extreme tempera- the Clean Power Plan, EPA sets emis- in a carbon-constrained world, the in- tures, severe floods and lasting sions targets—that is true—but it was creased demand for clean energy drove droughts. It is not a coincidence. As up to each State to develop a plan that down these costs even further, which is the climate changes, normal weather is best suited to its unique cir- good for both consumers and the envi- patterns are altered, and this affects cumstances. ronment. In fact, more solar capacity our environment, our health, and our The State of Hawaii has a really was added in 2016 than any other en- economy by influencing everything unique situation because we have lots ergy source, by far. Solar and wind from the price of produce at the gro- of clean energy opportunities. But in terms of baseload power, we get all of combined to make up almost two- cery store to our home insurance rates. thirds of the new capacity last year. our fuel from Asia, and it is LSFO. It is So we know that climate change is I want people to understand that the low sulfur fuel oil. So what we do is we real. The science makes that clear. In clean energy revolution is underway. fact, our own personal experience bring in oil on tankers, which is cost- The only question is whether we are makes that real. A lot of people fish or ing three and a half times the national going to have to take a 4-year break hunt or hike or surf or snorkel or go to average for electricity, and we light it from this clean energy revolution and the lake or just go outside and experi- on fire, and that creates electrons. give the keys to the car to China and ence something that seems to be That is not smart. So we are in a tran- other countries, which would be changing. sition. pleased to let the United States abdi- There is a difference between weather But there are other States that have cate its role as the leader of the clean and climate. The weather is tomorrow geothermal resources or biofuel re- energy revolution. We are going to lose morning’s temperature and whether it sources. So the EPA said: Hey, carbon all of those solar jobs, we are going to is raining or not and whether it is is a pollutant. You have to reduce car- lose the innovation opportunities, and windy or not. The climate is the condi- bon pollution because, under the law, we are going to lose all of those wind tions that create the weather. It is not under the Clean Air Act, any airborne energy opportunities. arguable anymore by anybody credible pollutant must be regulated, right? The question is not whether we are that the climate has changed and, You have to reduce the airborne pollut- going to make a transition to clean en- therefore, the weather is getting abso- ants. ergy. The question is how quickly and lutely more volatile. The EPA said: You have to do this whether the United States will drive it Now we can, unfortunately, rely on over time, but we understand you are or not. our own experience and our own eyes going to have your own energy mix and Consumers loved the first generation to confirm that the climate and the your own challenges. All you have to of hybrid vehicles so much that there weather are getting weirder—in some do is submit a plan that is kind of like were waiting lists to buy them. CAFE cases, more dangerous and certainly thought through. So West Virginia’s standards, along with similar fuel more unpredictable. Make no mistake, plan is different from California’s plan economy standards around the world, this is caused by humans, and that and is different from Hawaii’s plan. drove the automotive industry to inno- means we can do something about it. They empowered the States to endeav- vate even further. Now we have unprec- Climate change deniers need to know or to come up with their own energy edented numbers of hybrid and hybrid that they are on the wrong side of his- mix. electric vehicles on the road, and we tory. They can’t just cite the cost of Here is the good news about EPA’s stand at the precipice of a new age of transitioning to a clean energy econ- rules. This news is on the Clean Air electric vehicles. omy—a cost that continues to decline, Act. It is on the Clean Power Plan. So we find ourselves at a crossroads. I should point out—while ignoring the This is always the case. It always If we continue down the path President cost of doing nothing, because the cost comes in below the estimated cost be- Obama set us on, I have no doubt that of doing nothing on climate change is cause what happens is, if you tell in- American ingenuity and innovation absolutely astronomical, whether in dustry to innovate, even if they don’t will allow us to continue to lead the storm aid, infrastructure mitigation, want to, frankly, even if they complain world in the clean energy economy, but private property loss, or disruption in about it, even if they tell you that it is if we turn back the clock and hand our financial and insurance markets. It is going to crash the American economy, future back over to the dirty fuels of much less expensive to move toward a which they often say, they end up driv- the past, we will cede economic leader- clean energy economy than to allow se- ing innovation in the private sector. ship to China, India, Germany, and the

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.132 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1319 rest of the world. Those countries are I mean, you would think that he fish consumption advisories due to mercury moving toward clean energy so quickly could just say: Well, I like the Clean levels—up from 19 listed in 2010. Eight lakes that we may never catch up; we may Water Act; I like the Clean Air Act. He were added just this year. Another Attorney General might have never be able to take full advantage of could even offer caveats, saying: I been trying to identify the sources of the the economic opportunities that clean think there has been overreach, and I pollution. But Pruitt was apparently too energy represents. It is sad, but it is think there needs to be a recalibration. busy suing the EPA. true, that this is the path that our Say whatever you want, but he Pruitt also attacks limits on ground level country will go on if Scott Pruitt is couldn’t even bring himself to say he ozone. The ground level ozone—better known confirmed to lead the EPA. supports the Clean Air Act or the Clean as smog—despite the fact that ozone prob- I know for the public, after so many Water Act. That was the second com- lems are huge and worsening in Oklahoma. troubling nominees, that it is hard to ment that he made that was dis- The latest American Lung Association re- port gave all Oklahoma counties surveyed an wake up outraged for yet another turbing. ‘‘F’’ for ozone problems and found that the nominee. But the reason to freak out The third one relates to a Federal number of high ozone days had increased in about this one is very simple—clean air standard that targets pollution that most counties as compared to 2010 to 2012. and clean water. Ask anyone who lived decreases visibility. Mr. Pruitt had this The argument in this article can be in L.A. or in Boston since the 1970s, and to say about these standards: boiled down to a single phrase: With they can tell you that our country has [They] threaten the competitive edge Mr. Pruitt leading the EPA, we can bet clean air and clean water because of Oklahoma has enjoyed for years with low- that as goes Oklahoma, so goes the Na- the laws that were put in place and the cost and reliable electric generation. This tion. I can’t speak for the people of low-cost energy not only benefits Oklahoma Agency that has done its job to imple- Oklahoma, but I can say that when it ment them. manufacturers, but gives our State a consid- erable edge in recruiting new jobs. comes to these kinds of statistics on All of this will be in jeopardy with polluted air and water, we would like What Mr. Pruitt is referring to is ac- Scott Pruitt at the helm. He made his to pass. If you ask most people in this tually another reason why the EPA political bones trying to shred the country, they would agree that this is was created in the first place. When EPA’s ability to enforce the laws that not the kind of environment they want States were in charge of environmental protect clean air and clean water. Now their kids to grow up in. this administration wants to give Mr. protections, it was often a race to the The fourth disturbing statement Mr. Pruitt the ultimate opportunity to bottom. Everyone would try to lower Pruitt has made is about lead. Because lead the Agency that he has worked so their standards so that companies of the EPA we have seen lead levels in hard to undermine. And he hasn’t hid- would move plants and factories to both kids and adults drop by more than den the fact that he is utterly opposed their State. And the result is exactly 80 percent in the past few decades. This to the EPA. what you would imagine. Companies is one of the legacy achievements of Let me highlight four statements were happy to meet the lowest stand- this Agency. This is something the that he has made that illustrate this ard possible, leaving huge messes for next leader of the EPA should under- point. He said: ‘‘The EPA was never in- the State to clean up, and that is not a stand, but the senior Senator from good use of our taxpayer dollars. tended to be our Nation’s frontline en- Maryland, Mr. CARDIN, raised this dur- vironmental regulator.’’ It isn’t the government’s job to allow ing a confirmation hearing. The Sen- The reality is that the opposite is companies to make a huge mess and ator asked Mr. Pruitt if ‘‘there is any true. The EPA was created for exactly say: Hey, we will clean that up for you. safe level of lead that can be taken into that reason. Before the EPA existed, There is no need to clean it up. We the human body, particularly a young there were a number of offices and bu- have it. person.’’ Another softball question. reaus across the Federal Government Let’s look at how this has worked Here is how Mr. Pruitt answered him: that worked on protecting the environ- out for Oklahoma. I would like to read ‘‘Senator, that is something I have not ment, but the government saw—Con- an article by journalist, author, and reviewed nor know about.’’ This is gress saw—that it wasn’t enough. Our climate expert Eric Pooley, which was pretty alarming because clearly he Nation’s waters were polluted, and the published by Time magazine: does not understand that in just 30 air was not clean. People were getting Mercury is a deadly neurotoxin that dam- years this is an issue that the EPA has sick and even dying because there ages the brains of the ‘‘developing fetus and taken on as a high priority. This is an wasn’t enough being done to protect young children,’’ according to the American Academy of Pediatrics. It is spewed into the issue that we need the next leader to the environment. So the intention be- take seriously so we don’t see any kind hind the EPA was absolutely to put a air from coal-fired power plants and other in- dustrial sources before settling into lakes of backsliding. If you look at Mr. Pru- single Agency on the frontlines of pro- and waterways and contaminating the fish itt’s actions, they do, in fact, speak tecting and preserving clean air and we eat. loudly about his approach to the EPA. clean water. But Pruitt’s challenges against the EPA’s Here is another news report: Not only does Mr. Pruitt disagree mercury standards include a tidy piece of The new administration is reportedly look- with the very mission of the EPA, but scientific denial, claiming ‘‘the record does ing to close the Office of Enforcement and he also doesn’t seem at all interested not support the EPA’s findings that mercury Compliance Assurance, and instead let indi- in the work being done by this Agency. . . . pose[s] public health hazards.’’ vidual program offices handle enforcement. He was asked during the confirmation After that legal challenge failed, Pruitt The outlet inside EPA quoted ‘‘a source fa- sued a second time to block the mercury process to name a single protection on miliar with the plan’’ who says the Trump rules—even though virtually all power plants administration intends to ‘‘disassemble the the books at the EPA. Here is his an- had already complied with them at a frac- swer: enforcement office . . . take it, break it up, tion of the expected cost. and move it back into the program offices.’’ I have not conducted a comprehensive re- Thanks in part to the EPA rules Pruitt op- Environmental advocates were quick to view of existing EPA regulations. As attor- posed, mercury levels in Atlantic Bluefin point out that Scott Pruitt—the Oklahoma ney general, I have brought legal challenges tuna are rapidly declining. Attorney General Trump picked to lead the involving EPA regulations out of concern This isn’t an abstract thing. If there EPA—made almost the same move back that EPA has exceeded its statutory author- are high mercury levels in fish and peo- home. Pruitt closed his office’s Environ- ity based on the record and the law in that ple eat the fish, they actually get the mental Protection Unit not long after he matter. mercury poisoning. This happens in took office in 2011. I mean, just as a parent—forget my Honolulu all the time. We like our fish. Mr. President, how much time do I job as a Senator—as a parent and as a And people go to the ER all the time. have remaining? citizen, this really concerns me. I don’t They don’t know what it is, and it The PRESIDING OFFICER. The Sen- want to see the EPA led by someone turns out that it is mercury poisoning. ator has 14 minutes remaining. who is basically given a softball ques- Mr. SCHATZ. But Mr. Pruitt did But Oklahomans aren’t so lucky. While tion in the confirmation hearing: Name Pruitt was busy trying to kill national mer- more than close Oklahoma’s Environ- something you like about the EPA. But cury rules, the number of Oklahoma lakes mental Protection Unit. He also start- he declines to go on the record sup- listed for mercury contamination was climb- ed a new unit solely dedicated to suing porting clean air or clean water. ing. This year, the state lists 40 lakes with the EPA. He closed the Environmental

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.134 S16FEPT2 S1320 CONGRESSIONAL RECORD — SENATE February 17, 2017 Protection Unit and set up a unit to bet that more air pollution will hurt doing all night, there is a reason for it. sue the EPA. That is all they do—the those kids who already have trouble I think it is just weird that congres- other unit that people in Oklahoma breathing. Mr. Pruitt did not know how sional delegation trips overseas were might count on to investigate water many kids in his home State have canceled, multiple Members on a bipar- contamination or illegal dumping. Mr. asthma, but here is the answer: 1 in tisan basis were supposed to be meet- Pruitt’s new unit has been quite active. 10—1 in 10 kids have asthma. ing with NATO allies about 2 hours Their office has filed more than a dozen If Mr. Pruitt takes over the EPA, he from now, but all of that got canceled. lawsuits against the EPA. He has sued is no longer responsible for just the Normally our vote is on a Thursday the EPA because of the way it tackles kids in Oklahoma who have asthma. He afternoon or a Friday morning, and cross-state air pollution and the Agen- is also responsible for the kids across this vote is at 1 p.m. on Friday. That is cy’s limits to oil and gas pollution. He the country and in my home State of because somebody is bound and deter- sued to allow air pollution when facili- Hawaii. There are millions of people in mined to get this vote done before ties start up, shut down, malfunction, the United States who suffer from those 3,000 emails between Scott Pruitt and to stop plans to address air pollu- asthma, and for each and every one of and a bunch of energy companies are tion in his home State. them, not to mention the countless disclosed. It is not a theoretical thing He sued the EPA because he dis- others at risk, Scott Pruitt guarantees anymore. There was some talk about agrees with the Clean Power Plan, that it will become harder to breathe. whether this was going to be disclosed. which will prevent an estimated 90,000 Scott Pruitt is going to guarantee that Now a judge is ordering that these asthma attacks every year while sav- it becomes harder to breathe because emails get disclosed. Now everybody ing American families money on their he has sued the EPA to end the regula- seems to be in an incredible hurry to electric bill. He sued EPA to end pro- tions that keep our air clean enough make sure that we conduct this vote tections against carbon pollution from for us to breathe. Never before in the before those emails are disclosed. new powerplants, even though these history of the Environmental Protec- I was talking to Senator WHITEHOUSE protections will cost companies very tion Agency has a President nominated and Senator MURPHY about the content little to implement, and he challenged someone so opposed to the mission of of those emails. I don’t know what is in the clean water rule, which the EPA the EPA. Look, this administration those emails, but here is what I know. says protects the streams and wetlands has made it very clear where it stands I know the attorney general spent 750 that form the foundation of our water on climate, on science, on protecting days trying not to disclose those resources. clean air and clean water. emails. I know they are between him This is not a comprehensive list. I We have seen climate change called and a bunch of energy companies. I think there are 17 lawsuits he has filed. the Chinese hoax. We have heard ru- know there seems to be a strong moti- Guess what. Some of them are still mors that scientists will be muzzled vation on the Republican side to con- pending. Mr. Pruitt was asked: Will and research stopped. We have seen the duct the vote before we get the emails. you recuse yourself from the lawsuits President sign a law that allows oil And in the world’s greatest delibera- in which you are the plaintiff? And he companies to hide what kinds of pay- tive body, it seems absolutely reason- refused. So he is going to be the plain- ment it is making to foreign govern- able and consistent with our constitu- tiff and the defendant. ments in exchange for extracting oil. tional obligation to provide advice and I am sure Mr. Pruitt is a good person, So there is no question that dirty en- consent on nominees and especially for I am sure he is good to his family, but ergy is preferred by the current admin- a Cabinet position as important as he also needs to be good to the Amer- istration, but that doesn’t mean the this. ican people and faithful to the law: the Senate has to be a rubberstamp here. It just seems like we should probably Clean Air Act, Clean Water Act, and We are the Senate, and the United wait to see what is in those emails. If Endangered Species Act. This is the States Senate has a specific role under I were a Republican on the other side, foundation of what the EPA does. He our Constitution and in our history. I would be very uncomfortable casting doesn’t get to have an opinion about There comes a time where issues re- a ‘‘yes’’ vote, and I would be waking up those laws. He gets to implement those lated to party have to be subsumed by Tuesday morning, probably at 1 a.m., laws. If he wants to run for office, he issues related to the health and welfare and checking on the Internet and hop- can run for office and change those of the country, and we have strayed ing there was nothing explosive in laws. If he wants to referee what au- from the bipartisan consensus that ex- those emails. I hope there is nothing thorities exist on those lawsuits, he isted for decades and decades and dec- explosive in those emails. I don’t want can litigate, but if he is going to be the ades, the basic premise that it is an to know that we just confirmed some- EPA Administrator, he has to check American value in every small town, in one who is inappropriate for the EPA, his ideological baggage at the door, and every urban place from coast to coast, but we are going to know by Tuesday. there is only one way we can be sure and everywhere in between, everybody If my concerns are not well-founded, that he will not take his biases to the likes clean air and clean water. Every- great. We can vote two Mondays from EPA. body at some point on a weekend wants now, and we will have a new EPA I don’t understand why in his con- to drive someplace or walk someplace nominee, but why not wait to find out firmation hearing he didn’t say: Look, and just be outside and be able to take what is in the emails. So I urge a ‘‘no’’ anywhere I brought suit, anywhere I a deep breath, enjoy your family, enjoy vote tomorrow, but more than that, I am a plaintiff, I am out. It is not un- your friends, enjoy not having to work urge that we give ourselves the time to usual for a nominee to say on certain for 2 or 3 hours—go fishing, go hunting, deliberate and to be a Senate. issues: I will recuse. There is ample go hiking, go surfing, go snowboarding, I yield the floor. precedent. It was done this year. It is go skiing, whatever it is that people The PRESIDING OFFICER. The Sen- also just plain common sense. It is the like to do to kind of restore them- ator from Illinois. moral thing to do, the ethical thing to selves, that depends on our commit- Ms. DUCKWORTH. Mr. President, I do, and it is politically smart because ment to a legacy, and it depends on a would like to take this time to share it is a problem that this person wants commitment to these statutes. It real- with my colleagues why Scott Pruitt is to remain plaintiff and defendant. ly does. It depends on our commitment unqualified to be Administrator of the So it is disappointing and it is wor- to the Clean Air Act and to the Clean EPA and why I oppose his nomination. rying. The agenda needs to uphold the Water Act and to the Endangered Spe- I just got a new job here in the Sen- Agency’s mandate not to dismantle cies Act. ate when the people of Illinois elected what the EPA has already done. I will just close with this. I have me last November, and I have a little Senator BOOKER asked Mr. Pruitt never seen the Senate in such a rush advice for Mr. Pruitt on how to succeed how many kids in Oklahoma had asth- when there is not an actual deadline. I in an interview. No. 1, don’t go to a job ma. Fair question to ask when you con- mean, we hurry when the government interview and spend the entire time sider how many lawsuits Mr. Pruitt has may shut down—and sometimes we dodging questions. You don’t tell the filed against the EPA that if he wins screw that up too—but usually when people interviewing you to go file docu- will increase air pollution, and you can we are in a hurry like this, when we are ment requests, which Mr. Pruitt can

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.135 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1321 reject as attorney general, and you tect the basic ingredients that people cause they know the American people don’t oppose policies that strengthen need for a good life. It is to protect our will be alarmed and shocked by what our energy security like the renewable air and our water. These issues, public his correspondence will reveal. fuel standard. I am concerned that the health issues, are what he has spent his Mr. Pruitt has shown he is unwilling RFS will be gutted under a Scott Pru- career in helping Big Oil to dismantle. and unable to do this job. I remember, itt-led EPA. Take the issue of lead poisoning. One during questioning in committee, he As someone who fought to defend of the responsibilities of the EPA is to was asked what was the role of the this great Nation, I see firsthand the enforce our lead contamination laws EPA. He spent the majority of his an- price we pay for our dependence on oil that keep lead out of our air and water. swer talking about the Federal Govern- imported from our adversaries. I al- When questioned at his confirmation ment not infringing on States’ rights ready fought a war over oil, and I hearing, I was shocked that Mr. Pruitt and talking about pulling the Federal would rather run my car on American- was unaware that there was no safe Government and the EPA out of the grown corn and soybeans than oil from level of lead for children. States’ business. Only at the very end the Middle East. During Operation As a mom, this terrifies me. I remem- did he add, almost as an afterthought— Iraqi Freedom, 50 percent of all casual- ber sitting in the House Oversight and oh, yes—‘‘and to safeguard the water ties occurred during convoy operations, Government Reform Committee when and the air.’’ The name of the Agency and 80 percent of all convoy operations we had hearings on the Flint water cri- is the Environmental Protection Agen- were conducted to transport diesel fuel. sis. I am a mom of a 2-year-old, and at cy. That should have been the first I think it is high time we invest more the time my baby was just 1 year old. thing he said, not the last. energy and more money and more sup- I remember being pregnant and having He doesn’t understand the central port into development of biofuels like my daughter. I looked out into that au- public health and environmental chal- ethanol. dience, and I saw a mom holding a baby lenges that face us. Instead of siding In addition to risking lives, we are bottle that looked exactly like one my with people, he has chosen to side with wasting resources. Annually, we spend daughter drank out of—a little bottle corporate polluters. He doesn’t have a approximately $67.5 billion protecting with a pink top on it. The water in her single environmental accomplishment global oil supplies. At home, Ameri- baby bottle that she had to make her to his name. He is unqualified, and I cans are using more gas than ever be- formula with was brown. It was brown. urge my colleagues to join me in oppos- fore. Yet OPEC has made it clear they I thought about what it would have ing his nomination. are controlling the price we pay at the been like for me to have been drinking As someone who represents a farming pump. that water while I was pregnant and to State, I remember when President For example, in November of 2016, have fed that water to my child and to Trump came out to the Midwest and OPEC decided to cut its oil production have had the choice of: Could I have af- promised the American farmers that he to increase prices, and it caused a 10- forded bottled water or would I have to would support the renewable fuel percent increase in prices that very feed my daughter that water? It is not standard. I am deeply disappointed he day. By December 12, prices had acceptable, not in the greatest country has nominated someone to head the reached an 18-month high. We should on the face of the Earth. EPA who is clearly opposed to the re- Mr. Pruitt doesn’t know there is no not be risking lives and wasting money newable fuel standard. when we can use energy grown right safe level of lead allowed in the drink- I asked Mr. Pruitt several times in here at home in States like mine. When ing water for children? Even low levels committee, in several different ways, if we are producing more oil at home of lead can cause permanent brain he would stand by the American farm- than ever before, that doesn’t mean we damage in kids, lower IQs, and inflict er. I even told him what the right an- can gut policies that are helping our other cognitive damage. There is no ex- swer was—side with, stand with, pro- Nation become energy independent. We cuse for our Nation’s EPA Adminis- tect the producers, and he refused to need an EPA Administrator who will trator to not know that basic fact. answer. He gave vague, evasive answers work with Congress to help us find That is a serious oversight, especially and refused to commit and refused to ways to cut, not increase, our use of in the aftermath of the Flint water cri- support the American farmer. oil. sis. Lead in schools and in public wa- Scott Pruitt called the RFS unwork- terways is a serious problem for Illi- It is a no-brainer. Support the Amer- able. He clearly doesn’t know that the nois children as well as for the children ican farmer. Don’t break the Presi- renewable fuel standard is delivering of Michigan. It is a problem for fami- dent’s promise. Don’t back away from triple bottom-line benefits. It is good lies. It is a problem for families and for the RFS. for our security, it is good for our econ- children all across this Nation. Mr. Pruitt is continuing his adminis- omy, and it is good for our climate. In The EPA should work proactively to tration’s tradition of using alternative my State of Illinois alone, the RFS em- prevent crises like in Flint and to pro- facts. The alternative to facts is fic- ploys more than 4,000 people and gen- tect America’s water supplies, but Mr. tion, and we cannot afford to have an erates more than $5 billion in economic Pruitt’s record of filing lawsuit after Administrator who questions climate impact. Nationwide it is supporting lawsuit that challenge the EPA’s au- change. Climate change is an urgent 86,000 direct jobs. Those are good jobs thority to carry out its mission doesn’t threat to our Nation. Increasing tem- with good wages. Those are people who inspire much confidence that his goals peratures are causing extreme weather are going home and paying their mort- are the same as the Agency’s that he events at alarming rates. We are wit- gages, sending their kids to school, and seeks to lead. The American people nessing more intense droughts, saving money toward retirement. It simply cannot afford to have someone wildfires, and extreme weather across has helped to generate $8.7 billion in with a well-documented history of put- this country. If we put our heads in the tax revenues that go to schools, roads, ting corporate polluters’ profits before sand and fail to curb the pollution that and first responders. our clean air and water leading the drives climate change, the effects will Mr. Pruitt’s failure to support the Agency that is meant to safeguard be devastating as our air quality will RFS is not the only reason I oppose his them—the EPA. worsen, which will trigger more asth- nomination. We are only starting to learn the ex- ma attacks and other respiratory During his confirmation hearing be- tent of Mr. Pruitt’s conflicts of inter- issues for our children; our coastal fore the Environment and Public est, and we have an opportunity to communities will be threatened by sea Works Committee, which I sit on, Mr. learn more about these conflicts now level rise; our national security will be Pruitt gave vague, hollow, and evasive that a State judge in Oklahoma has or- threatened as climate change creates answers. It was clear that he either dered Mr. Pruitt to release by Tuesday instability around the world. doesn’t support or understand the mis- potentially thousands of emails he ex- ADM Mike Mullen, who served as sion of the very Agency he would like changed with fossil fuel interests in his Chairman of the Joint Chiefs of Staff to lead. job as the Oklahoma attorney general. under the Bush and Obama administra- Mr. Pruitt, the mission of the Envi- Senate Republicans are forcing us to tions, had this to say about climate ronmental Protection Agency is to pro- vote on Mr. Pruitt before Tuesday be- change:

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.136 S16FEPT2 S1322 CONGRESSIONAL RECORD — SENATE February 17, 2017 Whatever the cause, climate change’s po- suggest that he does not share these values. cans but for all citizens of the Earth. Mr. tential impacts are sobering and far-reach- As Oklahoma’s attorney general, Mr. Pruitt Pruitt, on the other hand, disagrees with a ing. Glaciers are melting at a faster rate, issued more than 50 press releases cele- vast majority of the scientific establishment causing water supplies to diminish in Asia; brating lawsuits to overturn EPA standards as to the extent of climate change and hu- rising sea levels could lead to a mass migra- to limit mercury emissions from power- manity’s role in it. He has made a name for tion and displacement similar to what we plants, reduce smog levels in cities and re- himself by opposing EPA’s policies and mis- saw in Pakistan’s 2010 floods. gional haze in parks, clean up the Chesa- sions in the past. The National Intelligence Council’s peake Bay, or control greenhouse gas emis- It is beyond me that anyone believes Mr. report, ‘‘Global Trends 2030,’’ made sions. In contrast, none of Mr. Pruitt’s press Pruitt could effectively head the EPA and releases refer to any action he has taken to lead it further in its mission to ensure we similar observations. enforce environmental laws or to actually are responsible stewards of this planet’s en- Their report states: ‘‘Many devel- reduce pollution. vironment and resources. I ask that you do oping and fragile states, such as in Of even greater concern, his statements your duty as a citizen of this planet and vote Sub-Saharan Africa, face increasing frequently ignore or misrepresent EPA’s au- ‘‘no’’ on Mr. Pruitt for this position. strain from resource constraints and thority to regulate or its obligation to do so The EPA is an organization driven by climate change, pitting different tribal under the Clean Air or Clean Water Act. Mr. science and dedicated to protecting the cli- and ethnic groups against one another Pruitt has shown little interest in the kind mate and environment, not just for Ameri- and accentuating the separation of var- of scientific and factual evidence that must cans, but for all nations of the Earth. Mr. Pruitt, on the other hand, disagrees with the ious identities.’’ guide EPA decisions. Mr. Pruitt has said that humanity’s contribution to global vast majority of the scientific establish- Climate change, clean air, clean warming is subject to considerable debate. ment. Vote no on Mr. Pruitt for this posi- water, and fighting lead contamination That statement is at odds with the consensus tion. are not partisan issues. We don’t only among scientists. Mr. Pruitt fails to under- I hope you all do your duty as representa- have these issues in red States or blue stand the difference between the public in- tives of the American people by vocalizing States—they are universal—and the terest and the private interest. our concerns with Mr. Pruitt to your fellow American people expect us to make It is just amazing to me that we are Senators, urging them to see the fault in President Trump’s nomination. sure the head of the Agency that is even here, that this man was even Respectfully, Ethan, Deerfield, IL. charged with safeguarding these vital nominated—someone who has sued the Well, Ethan, I am doing exactly that. health priorities will be able and will- EPA, someone who has so clearly been That is why I am here today—to make ing to do the job. in partnership with the fossil fuel in- sure that our colleagues understand Since Mr. Pruitt was nominated, I dustry and who has not put the inter- have heard concerns from thousands of how poorly suited Mr. Pruitt is to this ests of families and children first as op- job of Administrator of the Environ- my constituents. Let me share a few posed to the interests of the fossil fuel words that I have received from my mental Protection Agency. industry, which have been guiding him Here is a letter from a Ph.D. student home State. all the way. from Northwestern University. This letter is from one of my con- I, in fact, was shocked to learn that As a Northwestern University doctorate stituents from Illinois. Mr. Pruitt closed the Oklahoma Envi- He writes: student, I have chosen to devote my life to ronmental Enforcement Unit estab- the pursuit of scientific knowledge. I am I am asking you to vote ‘‘no’’ on Scott lished by his predecessor. Instead, he deeply troubled by the nomination of Scott Pruitt’s nomination as Administrator of the established a new litigation team to Pruitt, and I am really concerned about the Environmental Protection Agency. Amer- challenge the EPA and other Federal upcoming Senate vote. ica’s clean water and air are a shining exam- The head of the EPA must uphold basic ple for much of the world, and the EPA is agencies. Let me say that again. When he became the Oklahoma attorney gen- science and should not be colluding with the their defender. Mr. Pruitt demonstrates no polluters they are required to regulate. Scott understanding of ocean acidification and the eral, he closed the Oklahoma Environ- Pruitt cannot be trusted to head the EPA, an urgent risk it poses to American marine life, mental Enforcement Unit. Instead, he agency that is charged with protecting all fishermen, and the communities that depend chose to start a new litigation team to Americans from threats to their water, air, on them. Americans must protect our water challenge the EPA and other Federal and health. and air from further pollution while we work agencies. Pruitt is also out of step with the vast ma- collaboratively toward win-win solutions to I did not see any indication from jority of scientists, not only those working challenges like ocean acidification. Mr. Pru- in the field of climate change, but also those itt ignores established science, and he is the him, in his confirmation hearing, that he would not do the same once he gets who have dedicated their lives to protecting wrong choice to lead the EPA. As my Sen- our air and water. As a scientific agency ator, please vote ‘‘no’’ on my behalf. to the Federal EPA. Perhaps that is charged with protecting the public’s health I hear you, and I share your concerns, the intent of the Trump administra- according to the best and most recent and I will be voting no on Mr. Pruitt as tion, to bring someone in who will dis- science, the EPA deserves to be headed by Administrator of the EPA. mantle the EPA. That is why I am here someone with a scientific background, or at As you may know, EPA region 5 is tonight. That is why I am opposing least an appreciation for scientific truth. I strongly urge you as my Senator to stand based in my State, in Chicago. I have him—because I put the needs of our children, the needs of our environment, up for me and my neighbors, and I oppose heard from a number of EPA employees this nomination. as well as from constituents—employ- and the needs of our national security Thank you so much, Amanda Cook, from ees, both past and present—who are in front of the needs of the biofuel in- North Lakeview Avenue in Chicago. worried about the Agency they have dustry. We need an Administrator who Well, Amanda, I get it. I am with served and loved. Here are some words has the patience, skill, and commit- you. I, of course, did not pursue a Ph.D. from a former region 5 employee. ment to public service in order to steer in a scientific field, but it doesn’t take He writes: the EPA through challenges that are a Ph.D. in a scientific field to know Dear Senator Duckworth, I and many associated with protecting our public that a man who has sued the EPA over other former employees of the Environ- health. a dozen times is not someone suitable mental Protection Agency want to share our I, too, cannot believe Mr. Pruitt has to lead the EPA; that a man who said concern about Attorney General Scott Pru- demonstrated that he has the qualities that he doesn’t know whether climate itt’s qualifications to serve as the next Ad- needed to lead the Environmental Pro- ministrator of the EPA. Our perspective is change truly is scientific fact should tection Agency. I hope you will be not be the man who is going to head not partisan. Having served under both Re- happy to know that is why I am oppos- publican and Democratic Presidents, we rec- the Agency enforced with dealing with ognize the right of a new administration to ing his nomination. the effects of global warming. He pursue new policies that protect our environ- A constituent from Deerfield, IL, should not be the person who is in ment, but the EPA’s Administrator must act wrote to me: charge of the Agency that will be pro- in the public’s interest and not simply ad- I am writing to ask that you raise your tecting our air and our water supply. vance the agendas of the industries that it voice in Washington against Scott Pruitt as We have not even touched on what regulates. President Trump’s nominee for EPA Admin- Decisions that affect the public’s health or istrator. the costs will be to this Nation if we natural resources should respect the law and The EPA is an organization driven by continue to neglect the well-being of reflect the best scientific evidence available. science and dedicated to protecting the cli- our environment. Rising rates of asth- Mr. Pruitt’s record and public statements mate and environment, not just for Ameri- ma of our children will mean higher

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.138 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1323 medical costs. Lead in the water supply to disagree about the degree and extent of This is what he said on the renewable causing cognitive damage to our chil- global warming and its connections to the fuels standard: dren will mean that additional re- actions of mankind. That debate should be The evidence is clear that the current eth- sources must be spent in our schools in encouraged in classrooms, public forums, and anol fuel mandate is unworkable. The deci- the halls of Congress. order to provide those children with sion by the EPA to lower that standard is the best opportunities that they can Really. He is actually arguing that good news for Oklahoma consumers. have to grow and thrive and will also we should be teaching false science and What he means is that it is good result in greater medical bills to treat should be encouraging it in classrooms news for Oklahoma’s fossil fuel pro- those children for the rest of their and public forums. I can’t think of ducers. In fact, the renewable fuel lives. something that would be a greater dis- standards have been a success and we If you don’t believe me, just ask the service to America than for the EPA should be adhering to them and we people of Flint, MI. They are dealing Administrator to be someone who actu- should be keeping the renewable fuel with it every single day—every single ally looks at scientific data—proven standards and supporting the pro- day—those parents of children who scientific data, facts—and rejects ducers. I will bet on the American farmer have now been affected by the lead in them. Yet, we know why he does. We any day of the week. Our farmers work that water supply. And Mr. Pruitt know from his history. We know from hard. Our farmers produce the corn for chooses to defend and protect the needs his record in Oklahoma. He does it be- cause the fossil fuel industry tells him ethanol right here in the United of the biofuels industry over the needs States. I would rather invest in them of our children. That is not someone so. This is what he said about the Clean than in foreign oil. I would rather in- worthy of representing the American vest in them and in a fuel that is clean- people. That is not someone worthy of Power Plan: The President could announce the most burning versus a fuel that pollutes the heading this Agency. environment for the next generation of Let’s just stick to Mr. Pruitt’s own ‘‘state friendly’’ plan possible, but it would not change the fact that the administration our Nation. words, not the words of others, not the does not have the legal authority under the Even if you don’t believe in the words of my constituents, but his own Clean Air Act to regulate carbon emissions. science, believe in the dollars. Ethanol words. This is what he said about the Yes, it does. Yes, it does, Mr. Pruitt. and biofuels employ tens of thousands Agency that he has been chosen to He just said that in August of 2015. of hard-working Americans all across lead. Mr. Pruitt describes himself as ‘‘a Here is what he said on methane reg- this great Nation. It accounts for large leading advocate against the EPA’s ac- ulation: proportions of the economies of the tivist agenda.’’ He said this on his My concern is that EPA is employing its farming States, including Illinois, LinkedIn page. We accessed this in flawed methodology in order to rationalize Iowa, Ohio. So even if you don’t be- January of 2016. new and unjustified Federal regulations to lieve, you should at least support our On the role of the EPA he says: solve a methane emissions problem that sim- farming communities. I believe the EPA has a role to play in our ply does not exist. It is a fact that Scott Pruitt is sim- Republican form of government. Air and This man does not believe in global ply too extreme to lead the EPA. He water quality issues can cross State lines warming. This man does not believe in once wrote an entire op-ed questioning and can sometimes require Federal interven- scientific data. the science of climate change. He said: tion. At the same time, the EPA was never If you don’t believe the scientists, at Global warming has inspired one of the intended to be our Nation’s frontline envi- major policy debates of our time. That de- ronmental regulator. least look at what is happening with the storm systems, with what is hap- bate is far from settled. Scientists continue This was his testimony before the pening to the climate that is changing to disagree about the degree and extent of House Committee on Science, Space, global warming and its connection to the ac- and affecting this Nation with in- tions of mankind. and Technology in May of 2016. creased drought, increased flooding, This is according to an op-ed written I disagree with you. I disagree with more severe weather, and erosion. We you, Mr. Pruitt, because I was there at by Scott Pruitt in the Tulsa World. had the first climate change refugees He goes on: that hearing where there were both of Louisiana where people who have State EPA officials as well as Federal Healthy debate is the lifeblood of Amer- lived for generations in the gulf have ican democracy, and global warming has in- EPA officials trying to explain why now seen their islands washed away they allowed Detroit’s children to be spired one of the major policy debates of our and have to be resettled. time. That debate is far from settled. poisoned. And the Federal EPA official Even if you don’t believe in the data, knew about the lead in the water sup- I agree that healthy debate is impor- believe your eyes and believe the facts. tant to democracy, but when that de- ply—in fact, had discovered it—and Mr. Pruitt also said: they were so timid about pursuing it bate is over and becomes an item of The record does not support EPA’s finding that they waited too long and allowed fact, it is just simply silly, and in the that mercury poses public health hazards. case of clean air and clean water and the State to continue to move forward. Human exposure to methylmercury resulting Those Federal EPA officials were in- climate change, it gets to be dan- from coal-fired EGUs is exceedingly small. gerous. deed on the frontline. That is simply untrue. His climate denial goes against the I asked the Regional Administrator, On legislating, he has said: scientific community. Ninety-seven Would you not rather be in front of Legislation should not be ‘‘we like clean percent of scientists, including those at this committee today explaining why air, so go make clean air.’’ That is what NASA, agree that human activities are you acted too quickly to save the bothers me, that Congress gives this general causing climate change. health and the future well-being of the authority to EPA. The 18 major national scientific orga- children of Flint than to be here in On Oklahoma’s race to the bottom on nizations issued a joint statement with front of us today explaining why you environmental regulations—this has to the following conclusion: allowed them to be poisoned, and not do with the Federal regional haze Observations throughout the world make exercise your right as the Federal EPA standards—Mr. Pruitt said: it clear that climate change is occurring and to step in when the health and well- These standards threaten the competitive rigorous scientific research demonstrates being of American citizens were at edge Oklahoma has enjoyed for years with that the greenhouse gases emitted by human stake? low cost and reliable electric generation. activities are the primary driver. So Mr. Pruitt, I disagree with you. This low-cost energy not only benefits Okla- Mr. Pruitt’s climate denial is also The EPA was indeed intended to be one homa manufacturers but gives us a consider- against the will of the American peo- of our Nation’s frontline environ- able edge in recruiting new jobs. ple. In fact, a New York Times/Stan- mental regulators. He would rather increase the haze ford poll from 2015 showed that 77 per- On climate change, Mr. Pruitt has and the pollution in the environment. cent of Americans support government said: He would rather have an economic edge action to combat climate change. This Global warming has inspired one of the at the expense of the people of Okla- poll found that 83 percent of Ameri- major policy debates of our time. That de- homa who must live and breathe more cans, including 61 percent of Repub- bate is far from settled. Scientists continue polluted air. licans, say that if nothing is done to

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.139 S16FEPT2 S1324 CONGRESSIONAL RECORD — SENATE February 17, 2017 reduce emissions, global warming will According to analysis of over 1,200 A group of Democratic attorneys be a serious problem in the future. Sev- peer-reviewed scientific reports, small general has announced it intends to enty-seven percent of Americans, ac- streams and wetlands play a critical criminally investigate oil and gas com- cording to this poll, say that the Fed- role in the health of larger downstream panies that have disputed the science eral Government should be doing a sub- bodies, such as rivers, lakes, bays, and behind manmade global warming. stantial amount to combat climate coastal waters. Backed by green energy interests and change. Mr. Pruitt doesn’t even want the environmental lobbying groups, the co- In a Wall Street Journal/NBC poll EPA to study fracking’s potential links alition has promised to use intrusive from 2009, 67 percent of Americans stat- to water contamination. As recently as investigations, costly litigations, and ed that they supported EPA action to 2014, he sent a letter to the EPA Office criminal prosecutions to silence critics curb carbon pollution from power- of Inspector General warning against of its climate change agenda. This is plants, while only 29 percent opposed preliminary research into threats to from the National Review. them. In that same poll, 57 percent sup- water resources posed by hydraulic He is comparing the efforts to take ported requiring companies to cut fracturing. He said he believed EPA’s on Big Oil to offenses committed by emissions even if it means higher efforts to study whether fracking was the British leading to the American power bills. This was an increase from linked to groundwater contamination Revolution. I will take on Big Oil any 48 percent in October of 2009 to the poll was politically motivated. He is even day. I think it is important for our Na- that was conducted in June of 2014. afraid of a study. Not only is he trying tion’s future. Mr. Pruitt’s blatantly anti-environ- to block the EPA’s ability to regulate, As we have heard during the course ment agenda threatens public health. he doesn’t even want the EPA to study of this debate, those of us who are He is unfit to lead an Agency that he it. He doesn’t even want it to have the troubled by the prospect of Mr. Pruitt sued at every turn to block protections chance to develop the data to show becoming EPA Administrator believe for clean air and water. He sued the that our water supply is under danger that the process to this point has been from fracking. EPA over the legality of the Clean marred by his failure to provide us This man doesn’t believe in scientific Power Plan. He claims that the EPA data, but he is afraid of it. If he weren’t with the information we feel we need does not have the authority under the afraid of it, he would support these to evaluate his suitability to serve in Clean Air Act to regulate greenhouse studies because they would show that this critical role. Meanwhile, our col- gas emissions. he was right. But here is the problem: leagues on the other side of the aisle Since becoming Oklahoma’s top legal He is not right. He is wrong. The sci- argue that Mr. Pruitt has been fully officer in 2011, Mr. Pruitt has unsuc- entific data shows that such activities forthcoming. So let’s put this dispute cessfully attempted to stop vital pro- pollute our water supply. aside and turn our attention to a ques- tections of public health—unsuccess- Mr. Pruitt has repeatedly failed to tion Mr. Pruitt did answer. It may be fully. This includes standards for re- act to protect the people of Oklahoma among the most revealing of his re- ducing soot and smog pollution that from increasingly powerful earth- sponses. Unfortunately, what his an- crosses interstate lines; protections quakes caused by fossil fuel extraction swer reveals is the precise reason so against emissions of mercury, arsenic, through the process of fracking as well. many of us and so many of the people acid gases, and other toxic pollutants We have had a string of level 5 mag- we represent are opposed to his con- from powerplants; and standards to im- nitude earthquakes hit the State of firmation and convinced he is abso- prove air quality in national parks and Oklahoma. Scientists have indicated lutely the wrong person to head the wilderness areas. Each time he has that they are being caused by a dra- agency. done this, he has failed. Yet he con- matic rise in the use of hydraulic frac- Senator CARPER asked Mr. Pruitt: tinues to file suit. turing—fracking—to produce oil and Are there any other EPA regulations He did many of these suits in con- gas. The problem lies in the massive that are on the books today that you junction with the fossil fuel industry. volumes of wastewater unearthed in do support? Some of those suits are still out- the process of unlocking oil and gas. Mr. Pruitt declined to name a single standing. Yet he has said—he has re- Operators typically dump salty waste- one. Not one. He has many that he fused to commit to recusing himself water, injecting high volumes of fluid could choose from. In fact, the question from any of these lawsuits that may into the disposal wells dug thousands should have been something of a soft- come in front of the EPA while he is of feet below the Earth’s surface, but ball, in my view, giving him a chance the Administrator of the Agency. That the pressure from wastewater is wreak- to embrace the EPA’s core mission as a is a conflict of interest. He will simply ing havoc on Oklahoma’s fault lines. public health Agency. He couldn’t find become the plaintiff, the judge, and the The Oklahoma Geological Survey a single regulation that he could sup- jury if he does not recuse himself. But bluntly concluded last year that it was port within the EPA. The man who is of course that is his goal. His goal is to very likely that the majority of earth- supposed to be heading the EPA could dismantle the EPA. His goal is to dis- quakes that ripped through the central not think of a single regulation of this mantle the Clean Water Act. His goal and northern regions of the State were Agency that he could support. is to take away the authority of the caused by this process of injecting Instead, what Mr. Pruitt does not EPA to regulate and protect those ac- wastewater into disposal wells. This seem to grasp is that EPA regulations tivities that affect our environment. was reported by NBC News in Novem- are not simply policies to be litigated. Mr. Pruitt launched three separate ber of 2016. In reality, they are lifesaving protec- failed lawsuits against EPA’s clean air In 2016, the National Review reported tions for so many Americans, and they rules, the regional haze cross-state air that Mr. Pruitt compared taking on create millions of dollars of net bene- pollution rule, and the mercury and air Big Oil to offenses committed by the fits. toxics protections, otherwise known as British leading to the American Revo- Let’s take a look at some of the pub- MATs. The Supreme Court flat-out re- lution. It said: lic health environmental protections jected Mr. Pruitt’s challenges to the The United States was born out of a revo- Mr. Pruitt cannot bring himself to sup- EPA’s mercury standards. Thank God, lution against, in the words of the Declara- port. because it protects millions of children tion of Independence, an ‘‘arbitrary govern- The mercury and air toxic standards from the effects of mercury, arsenic, ment’’ that put men on trial for ‘‘pretended have been projected to save up to 11,000 offenses’’ and ‘‘abolish[ed] the Free System and other dangers neurotoxins from of English laws.’’ Brave men and women lives annually from premature deaths— coal plants. stood up to that oppressive government, and 11,000 lives annually from premature Mr. Pruitt wants to block the EPA’s this, the greatest democracy of them all, one deaths, saved because of these regula- clean water rule, which will protect the that is governed by the rule of law and not tions. They also prevent heart attacks drinking water for over 117 million— by men, is the product. and avoid 5,700 emergency room visits. that is one in three—Americans. One in Some of our States have forgotten That translates into over $80 billion in three Americans gets drinking water this founding principle and are acting net benefits in a single year. That is a from streams that lacked clear protec- less like Jefferson and Adams and more lot of lives saved, illnesses avoided, and tions before the clean water rule. like George III. economic benefits created that a

VerDate Sep 11 2014 01:08 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.140 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1325 would-be EPA Administrator can’t health benefits to the tune of over $6 sent a letter to the EPA from his own bring himself to support. billion. He didn’t even indicate that he office that was written by lawyers of Of course, we should have expected supports a rule addressing childhood Devon Energy, one of Oklahoma’s big Mr. Pruitt to name that rule since he lead exposure and renovation repair oil and gas companies, and was brought has sued to block it twice, the second and painting. to him by their chief lobbyist. Their time being after EPA modified the rule Mr. Pruitt didn’t even tell us that he chief lobbyist, Mr. William Whitsitt, at to address concerns raised by the Su- supports rules that put or keep money the time directed government relations preme Court. Perhaps the number of in the pockets of families and busi- for the company, and had presented a rules we could expect Mr. Pruitt to nesses along with the environmental note to Mr. Pruitt’s office. Mr. Pruitt support is a bit smaller than we might benefits they deliver. had taken Devon’s draft, copied it onto have thought since he blocked so many EPA’s greenhouse gas and fuel effi- State government stationery with only of them. In case after case after case, ciency standards for cars and light- a few word changes and sent it to he has sued to block the EPA from duty trucks are calculated to save fam- Washington with the attorney gen- working to save lives, prevent ill- ilies $1.7 trillion—that is a ‘‘t’’—in fuel eral’s signature. nesses, and create economic benefits. costs. I don’t think that is acceptable, and He has sued on behalf of Oklahoma to The EPA’s 2012 rule limiting the I certainly don’t think that it is a suit- block the cross-state air pollution rule, emissions of volatile organic com- able way for someone who is going to otherwise known as the good neighbor pounds in natural gas production were head the EPA to conduct himself. rule. That rule cuts the pollution that calculated to create up to $19 million Mr. President, I ask unanimous con- leads to dangerous, sometimes deadly, in cost savings in 2015 alone because of sent to have printed in the RECORD a urban smog and soot. When he sued, he the value of the material recovered in January 17 letter from the African was suing to block the American public the process of controlling emissions. American environmental justice com- from enjoying the following benefits: Those benefits, however, did not in- munity leaders. up to 34,000 lives saved per year, along spire Mr. Pruitt to support them. There being no objection, the mate- with some $280 billion in health bene- The list of health protections Mr. rial was ordered to be printed in the fits. Pruitt does not support goes on and on. RECORD, as follows: When Mr. Pruitt brought an action It includes health-based standards for against EPA’s health-based standards fine particles or soot which will JANUARY 17, 2017. for ground-level ozone, he was standing achieve between $3.7 billion and $9 bil- Hon. JOHN BARRASSO, Chairman, Committee on Environment and Pub- in opposition to the protections that lion in health benefits net of cost. lic Works, U.S. Senate, Washington, DC. would help avoid 660 premature deaths All of the rules I have mentioned are Hon. THOMAS R. CARPER, and over 230,000 asthma attacks, while just a representative sample, nowhere Ranking Member, Committee on Environment creating $4.5 billion in health benefits near an exhaustive list. and Public Works, U.S. Senate, Wash- net of cost. Even if you don’t believe in When Mr. Pruitt declined to name a ington, DC. the science, you should at least believe single environmental regulation he DEAR SENATORS BARRASSO AND CARPER: in the dollars and cents of the lives supported, he showed us how little he Please name one achievement by Scott saved. Yet he continues to sue the EPA supports the central mission of the Pruitt, as Oklahoma State Attorney Gen- to oppose these regulations. EPA, which is not to produce rules and eral, that has improved the environment or Although Mr. Pruitt has been a tire- protected civil rights. Don’t bother to regulations but to take action that cre- Google it because the answer is NONE. less litigator, he has not challenged ates health, environmental, and eco- As the African American leaders of envi- every one of EPA’s public health pro- nomic benefits for the American peo- ronmental justice organizations, we urge the tections. But still, when asked, the ple. Senators serving on the Environment and man who wants to become the Admin- Clearly, along with much of the rest Public Works Committee to oppose the con- istrator of the EPA could not name a of his record, Mr. Pruitt is declining to firmation of Scott Pruitt as Administrator single regulation of the Agency that he tell us he does support the health and of the U.S. Environmental Protection Agen- is about to take charge of that he sup- environment protection EPA has estab- cy. We are outraged that Mr. Pruitt promises ported. That means, for example, Mr. lished. It shows why he is not a suit- to set back and dismantle the policies and programs we have worked for more than 30 Pruitt probably doesn’t support a rule able candidate to lead this Agency. He years to develop with community organiza- that reduces the sulfur in gasoline so has shown throughout his career that tions across the nation. These policies were that emission control devices on cars he has a blatantly anti-environmental developed pursuant to both federal civil can work more effectively. Don’t we all agenda, and this agenda threatens pub- rights laws and environmental laws in order want cars to work effectively? I guess lic health. He is not fit to lead this to remove racial disparities in environ- he doesn’t. This particular rule stands Agency—an Agency that he has sued mental protection. to create net benefits of up to $17.5 bil- every single chance he has gotten to As you know, the Senate’s Environment lion by 2030. Those dollar figures in- block protections for clean air and and Public Works Committee has scheduled a hearing on January 18, 2017 to examine the clude the benefit of saving up to 2,000 water. I wonder why he does that. I nomination of Mr. Pruitt to the office of the lives and preventing 2,220 hospital ad- wonder why. EPA Administrator by President-Elect Don- missions and asthma-related emer- Well, this might be a reason why. Ac- ald Trump. There is nothing in Mr. Pruitt’s gency room visits. cording to the National Institute on record as the current Oklahoma State Attor- In 2015, the EPA set standards for the Money and State Politics—we accessed ney General to demonstrate that he would be emissions of toxic air pollutants at re- this in December of last year, just a dedicated to the mission of the EPA, which fineries. As a result, 1.4 million fewer few months ago—it appears that Mr. is to protect human health and the environ- people will be exposed to cancer risks, Pruitt has received over $314,000 from ment. Nor does his career indicate any ac- yielding a 15- to 20-percent reduction in fossil fuel industries since 2002. Accord- tion to improve environmental conditions in people of color communities, who are dis- cancer incidents linked to refinery air ing to them, Scott Pruitt has received proportionately burdened with pollution. pollution. According to his answer, Mr. a total of $314,996. He received $8,201 in Mr. Pruitt seeks to rise to the position of Pruitt—who is seeking to be the EPA 2002, $76,970 in 2006, $112,150 in 2010, and EPA Administrator as a reward for his ef- Administrator—doesn’t support those $117,775 in 2014. forts to block the EPA from mitigating the advancements in public health. It keeps growing and growing. I guess harmful effects of pollution ‘‘outside the He also doesn’t support rules that are he is being rewarded by the fossil fuel fence-line’’ of toxic industries. protecting the brain development of industry for suing the EPA over and Let’s be clear: the people who live beyond our children from exposure to lead in over. I can’t imagine why they would the fence of polluting industrial facilities both gasoline and paint. Otherwise, he continue to give him more money, and suffer the acute, chronic, cumulative and synergistic effects of exposure to pollu- may have answered my colleague Mr. other than the fact that he keeps suing tion are predominantly African American CARPER by saying that he supported the EPA. and other people of color. the highly successful gasoline lead He has used letters written by Devon Mr. Pruitt appears to relish the oppor- phaseout that dates all the way back Energy lawyers to send to the EPA. Ac- tunity to remove standards that are protec- to 1988. That regulation produced cording to the New York Times, he tive of our basic rights to a healthy and safe

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.142 S16FEPT2 S1326 CONGRESSIONAL RECORD — SENATE February 17, 2017 environment. Case in point: Mr. Pruitt’s dog- confirmation of Mr. Pruitt as EPA Adminis- January 17 letter from the leaders of ged effort to axe the Obama Administra- trator. over 20 regional and nationwide Latino tion’s Clean Power Plan would have dev- Should you have any questions, please do civic organizations to Members of the not hesitate to contact Dr. Beverly Wright, astating effects on predominantly African Senate. American communities. The Clean Power Executive Director of the Deep South Center Plan requires the reduction of carbon pollu- for Environmental Justice, Inc. There being no objection, the mate- tion from power plants. It is the first federal Sincerely, rial was ordered to be printed in the air quality standard to establish require- Dr. Beverly Wright, Executive Director, RECORD, as follows: ments for states to achieve environmental Deep South Center for Environmental Jus- [January 17, 2017] tice, Inc; Dr. Robert D. Bullard, Distin- justice. These requirements are based on the LATINOS OPPOSE SCOTT PRUITT FOR EPA egregious fact that 78% of power plants are guished Professor, Urban Planning and Envi- ronmental Policy, Texas Southern Univer- ADMINISTRATOR disproportionately located in close prox- DEAR SENATOR: As Latino leaders, mem- imity to people of color and poor commu- sity; Ms. Peggy Shepard, WeACT for Envi- ronmental Justice; Rev. Lennox Yearwood bers and representatives of the undersigned nities. The Clean Power Plan recognizes the Jr., President/CEO, Hip Hop Caucus; Ms. organizations committed to efforts that sup- vulnerability of people of color and poor Francis Gilcreast, President, NAACP—Flint port our communities’ health, advancement, communities to the disastrous effects of cli- Branch; Dr. Charlotte Keys, Executive Direc- safety and well-being, and on behalf of the mate change, which is brought on by the tor, Jesus People Against Pollution; Rev. concerned communities we represent, we burning of fossil fuels. In the U.S., the larg- Leo Woodberry, Director, Kingdom Living strongly urge you to oppose the president- est source of pollution driving climate Temple; Mrs. Sylvia Scineaux-Richard, elect’s nominee to lead the U.S. Environ- change is power plants. Additionally, this air President, East New Orleans Advisory Com- mental Protection Agency, Oklahoma Attor- quality standard direct states to ensure mission; Mr. Hilton Kelley, Founder & Direc- ney General Scott Pruitt. meaningful and effective participation of tor, Community In-Power & Development Mr. Pruitt has made a career of suing the vulnerable communities in developing state Association; Mr. Kali Akuno, Co-Director, Environmental Protection Agency, and has plans for reducing power plant pollution. Cooperation Jackson; Mr. David Fellows, used his office to attack lifesaving public We recognize that the biggest climate and Dehlson Chair of Environmental Studies, Di- health protections time and time again. His environmental threats to our nation and rector, Global Environmental Justice record exhibits a reckless disregard for pub- planet are fueled, in part, by racial dispari- Project, University of California, Santa Bar- lic health and a deeply troubling contempt ties in environmental protection. Industrial bara; Ms. Sharon E. Lewis, Executive Direc- for the very mission of the agency he has sites and major transportation routes are tor, Connecticut Coalition for Environ- been nominated to lead. Mr. Pruitt denies disproportionately located in and around mental Justice. the science of climate change, suing to block predominantly African American neighbor- Major Joe Womack, Vice-President, Mobile national standards to fight this crisis; he has hoods, where residents are daily exposed to Environmental Justice Action Coalition; Mr. fought against clean air protections, oppos- the smokestack and vehicle emissions that Arthur Johnson, Chief Executive Officer, ing the Mercury and Air Toxics standard warm the planet as well as trigger asthma Lower Ninth Ward Center for Sustainable which would prevent premature deaths and attacks and cause other severe health prob- Engagement; Ms. Katherine T. Egland, asthma attacks; he has sued the EPA to lems. We cannot effectively confront the Chairperson, Environmental and Climate overturn clean water safeguards for more threats of climate change by confirming Mr. Justice Committee, NAACP National Board than half of the nation’s waterways, includ- Pruitt, a climate denier, to the post of EPA of Directors; Ms. Rebecca O. Johnson, Con- ing streams that feed into the drinking water supplies of hundreds of millions of Administrator. We also cannot pursue rem- sultant, Road Map Consulting, c/o Common Americans. Scott Pruitt is simply unfit to edies for racial disparities in environmental Counsel Foundation; Ms. Donele Wilkins, lead the EPA and, if confirmed, would pose a protection with Mr. Pruitt at the helm of the President/CEO, Green Door Initiative; Rev. EPA, as he has shown himself to be hostile danger to our communities. James Caldwell, Executive Director, Coali- Latinos overwhelmingly support actions to to preventing pollution that occurs dis- tion of Community Organizations; Dr. Mil- fight climate change. We recognize the im- proportionately in communities of color. dred McClain, Executive Director, Harambee portance of protecting the environment: 97 We need an EPA Administrator who will House, Inc.; Ms. Ruth Story, Executive Di- percent of Latinos agree we have a moral ob- work to remedy the persistent and pervasive rector, Education, Economics, Environ- ligation to take care of our environment. In problem of environmental racism that re- mental, Climate and Health Organization; December, the National Hispanic Leadership sults in: Mr. Derrick Evans, Director, Turkey Creek Agenda, a coalition of 40 of the leading 79% of African Americans living in pol- Community Initiatives; Mrs. Dorothy Latino organizations nationwide, voiced luted neighborhoods; McWilliams, Concerned Citizens for Melia; African American children being three to their opposition to Mr. Pruitt’s nomination, Rev. Calvin Avant, Director, Unity in the stating that they were ‘‘particularly trou- five times more likely than white children to Family Ministry; Ms. Bridgett Murray, Di- be hospitalized or die from asthma; bled by this choice,’’ and pointing to the rector, Achieving Community Tasks Suc- prevalence of asthma and other respiratory African Americans in 19 states being more cessfully; Mr. Brian Butler, Communications than twice as likely as whites to live in diseases among Latinos living near polluting Outreach, Director, Air Alliance Houston. power plants, truck routes, and factories; as neighborhoods with high pollution levels, Ms. DUCKWORTH. Mr. President, as compared to Hispanics in 12 states and well as the large number Latinos who are Asians in 7 states; is stated in this letter, it says: employed in outdoor occupations, including more than 68% of African Americans living As the African American leaders of envi- agriculture, where they are exposed to within 30 miles of a coal-fired power plant— ronmental justice organizations, we urge the health hazards, bad air quality, and the im- the distance within which the maximum neg- Senators serving on the Environment and pacts of extreme weather. Americans did not vote for more air pollu- ative health effects of the smokestack plume Public Works Committee to oppose the con- tion, toxics, or dirty water, nor did they vote are expected to occur—compared with 56% of firmation of Scott Pruitt as Administrator to undo critical protections that safeguard whites and 39% of Latinos who live in the of the U.S. Environmental Protection Agen- our children and communities. We did not same proximity to a coal-fired power plant; cy. We are outraged that Mr. Pruitt promises vote for more climate change or dirty en- African Americans being more vulnerable to set back and dismantle the policies and ergy. Putting the EPA in Mr. Pruitt’s hands than whites to climate change, and less like- programs we have worked for more than 30 does just that: he will threaten our chil- ly than whites to recover from disastrous years to develop with community organiza- dren’s health, turn back the clock on land- weather events; tions across the nation. the percentage of African Americans living There is nothing in Mr. Pruitt’s record as mark efforts to clean up our air, water and near the fence line of a chemical plant is 75% current Oklahoma State Attorney General climate, and imperil the United States’ posi- tion as a global clean energy leader. greater than for the US as a whole, and the to demonstrate that he would be dedicated We call on you to publicly declare your percentage of Latinos is 60% greater; and to the mission of the EPA, which is to pro- commitment to stand up for our right to predominantly African American neighbor- tect human health and the environment. Nor breathe clean air, drink clean water, and be hoods with households incomes between does his career indicate any action to im- protected from pollution. We urge you to $50,000 and $60,000 being more polluted than prove environmental conditions in people vote against all legislative proposals that predominantly white neighborhoods with color communities, who disproportionately would in any way repeal, weaken or under- households incomes below $10,000. burdened with pollution. mine these rights, laws and safeguards. Our There is nothing in Mr. Pruitt’s record as Mr. Pruitt appears to relish the oppor- community is counting on you to protect us Oklahoma State Attorney General to indi- tunity to remove standards that are protec- by voting to reject Scott Pruitt’s nomina- cate that he would be sensitive to and will- tive of our basic rights to a healthy and safe tion for Administrator of the U.S. EPA. ing to help communities throughout the environment. Case in point: Mr. Pruitt’s dog- United States, where African Americans and ged effort to axe the Obama Administra- Ms. DUCKWORTH. Stated in this let- other people of color disproportionately suf- tion’s Clean Power Plan would have dev- ter, it says: fer and die from unhealthy environmental astating effects on predominantly African As Latino leaders, members and represent- conditions, which also contribute to climate American communities. atives of the undersigned organizations com- change. For all of the reasons stated above, Mr. President, I ask unanimous con- mitted to efforts that support our commu- we urge you to take a stand in opposing the sent to have printed in the RECORD a nities’ health, advancement, safety, and

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well-being, and on behalf of the concerned FEBRUARY 6, 2017. pollution. This track record likely reflects communities we represent, we strongly urge Subject: Concerns about Scott Pruitt’s quali- his disturbing decision to close the environ- you to oppose the president-elect’s nominee fications to serve as EPA Administrator. mental enforcement unit in his office while to lead the Environmental Protection Agen- Hon. MITCH MCCONNELL, establishing a new litigation team to chal- cy. Latinos overwhelmingly support actions Washington, DC. lenge EPA and other federal agencies. He has claimed credit for an agreement to to fight climate change. We recognize the DEAR SENATOR MCCONNELL AND THE U.S. protect the Illinois River that did little more importance of protecting the environment: SENATE: We write as former employees of the 97 percent of Latinos agree we have a moral Environmental Protection Agency (EPA) to than confirm phosphorus limits established obligation to take care of our environment. share our concerns about Oklahoma Attor- much earlier, while delaying their enforce- ment another three years. In December, the National Hispanic Leader- ney General Scott Pruitt’s qualifications to In a similar vein, Mr. Pruitt has gone to ship Agenda, a coalition of 40 of the leading serve as the next EPA Administrator in light disturbing lengths to advance the views and Latino organizations nationwide, voiced of his record in Oklahoma. Our perspective is their opposition to Mr. Pruitt’s nomination. interests of business. For example, he signed not partisan. Having served under both Re- and sent a letter as Oklahoma Attorney Gen- Putting the EPA in Mr. Pruitt’s hands will publican and Democratic presidents, we rec- eral criticizing EPA estimates of emissions threaten our children’s health, turn back the ognize each new Administration’s right to from oil and gas wells, without disclosing clock on landmark efforts to clean up our pursue different policies within the param- that it had been drafted in its entirety by air, water and climate, and imperil the eters of existing law and to ask Congress to Devon Energy. He filed suit on behalf of United States’ position as a global lead en- change the laws that protect public health Oklahoma to block a California law requir- ergy leader. and the environment as it sees fit. ing humane treatment of poultry. The fed- However, every EPA Administrator has a I am also deeply concerned that we eral court dismissed the case after finding fundamental obligation to act in the public’s that the lawsuit was brought not to benefit are holding this vote so quickly, when interest based on current law and the best the citizens of Oklahoma but a handful of not all of the evidence of Mr. Pruitt’s available science. Mr. Pruitt’s record raises large egg producers perfectly capable of rep- activities has been brought to light. serious questions about whose interests he resenting their own interests. To mount his has served to date and whether he agrees challenge to EPA’s rule to reduce carbon pol- The fact of the matter is that we are with the longstanding tenets of U.S. environ- still waiting for almost 2,000 emails to lution from power plants, he took the un- mental law. usual step of accepting free help from a pri- be released from his time as the Okla- Our nation has made tremendous progress vate law firm. By contrast, there is little or homa State attorney general. Only on in ensuring that every American has clean no evidence of Mr. Pruitt taking initiative to Thursday afternoon was there a ruling air to breathe, clean water to drink and protect and advance public health and envi- that said those emails must be re- uncontaminated land on which to live, work ronmental protection in his state. Mr. Pru- leased. Yet we are going to hold a vote, and play. Anyone who visits Beijing is re- itt’s office has apparently acknowledged minded of what some cities in the U.S. once and my colleagues will be forced to 3,000 emails and other documents reflecting looked like before we went to work as a peo- communications with certain oil and gas make a decision on behalf of the con- ple to combat pollution. Much of EPA’s work stituents of their great States based on companies, but has yet to make any of these involves preserving those gains, which available in response to a Freedom of Infor- incomplete information. should not be taken for granted. There are mation Act request filed more than two I don’t understand the need to rush also emerging new threats as well as serious years ago. this. I don’t understand why we would gaps in our environmental safety net, as the Contrary to the cooperative federalism drinking water crisis in Flint, Michigan, hold this vote so soon, so quickly, that he promotes, Mr. Pruitt has suggested painfully demonstrates. that EPA should refrain from trying to con- when there are other nominees for Our environmental laws are based on a trol pollution that crosses state lines. For other positions in the President’s Cabi- partnership that requires EPA to set na- example, he intervened to support a Farm net whom we could vote on, who do not tional standards and gives states latitude Bureau lawsuit that would have overturned a have 2,000 hidden emails waiting to be when implementing them so long as certain cooperative agreement between five states released, waiting to be reviewed. minimum criteria are satisfied. This ap- and EPA to clean up the Chesapeake Bay proach recognizes that Americans have an I served on the Benghazi Committee (the court rejected the challenge). When equal right to clean air and water, no matter asked how a state can protect its citizens in the House. I have to tell you that where they live, and allows states to com- from pollution that originates outside its one of the refrains I heard over and pete for business without having to sacrifice borders, Mr. Pruitt said in his Senate testi- over from my Republican colleagues, public health or environmental quality. mony that states should resolve these dis- Republican voices, was that they just Our environmental laws include provisions putes on their own, with EPA providing ‘‘in- wanted to pursue transparency, and directing EPA to allow for a ‘‘margin of safe- formational’’ support once an agreement is they wanted to see all the emails, and ty’’ when assessing risks, which is intended reached. But the 1972 Clean Water Act di- to limit exposure to pollutants when it is rects EPA to review state water quality yet the very same people who were so reasonable to expect they may harm the pub- dogged not too long ago now don’t care plans, require any improvements needed to lic health, even when all the scientific evi- make waters ‘‘fishable and swimmable,’’ and to look at any emails when it comes to dence is not yet in. For example, EPA’s first to review and approve plans to limit pollut- Mr. Pruitt. Administrator, Bill Ruckelshaus, chose to ant loads to protect water quality. EPA’s Why is that? Why are we so eager to limit the amount of lead in gasoline before power to set standards and limit pollution all doubt about its harmfulness to public that crosses state lines is exactly what en- have this vote? Do you just want him health was erased. His action spared much of to start dismantling the EPA that sures every American clean air and water, the harm that some countries still face as re- and gives states the incentive to negotiate much sooner? Can’t we wait a week? I sult of the devastating effects of lead on and resolve transboundary disputes. think we are doing a disservice to the human health. Similarly, early action to re- We are most concerned about Mr. Pruitt’s gentlemen and women who serve in duce exposure to fine particle pollution reluctance to accept and act on the strong this body. They deserve to have com- helped avoid thousands of premature deaths scientific consensus on climate change. Our plete information before we hold this from heart and lung disease. The magnitude country’s own National Research Council, vote. I think those emails that would and severity of those risks did not become the principal operating arm of the National apparent until much later. be disclosed deserve to be looked at. Academies of Science and Engineering, con- Mr. Pruitt’s record and public statements cluded in a 2010 report requested by Congress They deserve the light of day—trans- strongly suggest that he does not share the that human activity is altering the climate parency—so that we can continue to vision or agree with the underlying prin- to an extent that poses grave risks to Ameri- evaluate and truly have more complete ciples of our environmental laws. Mr. Pruitt cans’ health and welfare. More recent sci- information on Mr. Pruitt and his time has shown no interest in enforcing environ- entific data and analyses have only con- as the Oklahoma State attorney gen- mental laws, a critically important function firmed the Council’s conclusion and added to eral before we pass this vote. for EPA. While serving as Oklahoma’s top the urgency of addressing the problem. law enforcement officer, Mr. Pruitt issued Despite this and other authoritative warn- Mr. President, I ask unanimous con- more than 50 press releases celebrating law- ings about the dangers of climate change, sent to have printed in the RECORD a suits to overturn EPA standards to limit Mr. Pruitt persists in pointing to uncer- February 6 letter from nearly 500 mercury emissions from power plants, reduce tainty about the precise extent of human- former employees of the EPA to Leader smog levels in cities and regional haze in ity’s contribution to the problem as a basis MCCONNELL. parks, clean up the Chesapeake Bay and con- for resisting taking any regulatory action to trol greenhouse gas emissions. In contrast, help solve it. At his Senate confirmation There being no objection, the mate- none of Mr. Pruitt’s many press releases hearing, he stated that that ‘‘science tells us rial was ordered to be printed in the refer to any action he has taken to enforce that the climate is changing, and that RECORD, as follows: environmental laws or to actually reduce human activity in some manner impacts

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.145 S16FEPT2 S1328 CONGRESSIONAL RECORD — SENATE February 17, 2017 that change. The ability to measure with tains that so many of my colleagues EPA Administrator does. It is critical precision the degree and extent of that im- ask me about. These are all assets that that we recognize the important need pact, and what to do about it, are subject to make Washington State a great place for clean air and clean water now and continuing debate and dialogue, and well it to live, work, and recreate in. take steps to be aggressive about it. should be.’’ This is a familiar dodge—empha- This is something that is important sizing uncertainty about the precise amount Our companies would tell you that of humanity’s contribution while ignoring one of the great things they have in re- to our State because it is affecting us the broad scientific consensus that human cruiting people to the State of Wash- economically. It is affecting us with activities are largely responsible for dan- ington is that it is a competitive ad- water and ocean acidification, chal- gerous warming of our planet and that ac- vantage to say their business is located lenging our seafood industry and our tion is urgently needed before it is too late. in Washington. People understand food chain, and challenging us with Mr. Pruitt’s indulgence in this dodge raises what that means to the quality of life wildfires. We want to make sure that the fundamental question of whether he and to the opportunities for those we have an EPA Administrator who is agrees with the precautionary principle re- flected in our nation’s environmental stat- workers. It is with that in mind that I going to do their job. utes. Faithful execution of our environ- rise in strong opposition to this nomi- In my opinion, Mr. Pruitt has ig- mental laws requires effectively combating nation. nored big polluters and discharge in climate change to minimize its potentially I had a chance yesterday to discuss drinking water in Oklahoma. In my catastrophic impacts before it is too late. Mr. Pruitt and to discuss some of the opinion, he has not been strong enough The American people have been served by concerns that I have with his role as with regards to the big oil and big min- EPA Administrators, Republicans and Demo- Administrator, and in Oklahoma in the ing companies who have attempted to crats, who have embraced their responsi- undermine what is EPA law. As attor- bility to protect public health and the envi- attorney general slot, and also his ronment. Different administrators have nomination process. Many of my col- ney general, he tried to undermine the come to different conclusions about how best leagues this morning have brought up laws that are already on the Federal to apply the law in view of the science, and his record, what that record represents, books. It leaves my colleagues and I many of their decisions have been challenged and their concerns about his answers questioning, How could he ever stand in court, sometimes successfully, for either to very important questions. up for those laws if he has spent so going too far or not far enough. But in the This is about stewardship. Steward- much time trying to undermine them? large majority of cases it was evident to us ship is about how we are going to man- He has helped organize strategies and that they put the public’s welfare ahead of age our resources and apply the laws of discussions about how to aggressively private interests. Scott Pruitt has not dem- stop the EPA from doing its job. Some onstrated this same commitment. clean air and clean water to protect Thank you for considering our views. not just this generation of Americans, of these discussions used the example Ms. DUCKWORTH. The unemotional but future generations of Americans. of the Pebble Mine. The Pebble Mine is appeal lays out the facts directly and Mr. Pruitt’s poor environmental a mine that companies are proposing in clearly and, as such, reads as a scath- record—in my opinion, he is choosing Alaska at the headwaters of the largest ing condemnation of the Oklahoma at- to side with those companies that have sockeye salmon run in the world, one torney general. Stated in this letter it been polluters of clean water and failed of the most important sockeye salmon says: to protect in an aggressive way the im- runs in the world. So as EPA Adminis- portant public health issues that were trator, when he is supposed to be pro- Our perspective is not partisan. . . . Hav- ing served under both Republican and Demo- before people in his State. tecting clean water, is he going to side cratic presidents, we recognize each new Ad- Obviously, there is a big discussion with those mining companies? He spent ministration’s right to pursue different poli- tonight. My colleagues have been out a whole strategy session with them cies within the parameters of existing law here discussing whether there is trans- trying to figure out how to overrun and to ask Congress to change the laws that parency in Oklahoma regarding his EPA. Is he going to be the kind of per- protect public health and the environment as ability to discuss with them his fail- son who is going to help us stand up for it sees fit. ures or his successes, if you will, in a clean water so we can have salmon on In the large majority of cases it was evi- public process. That is why people have dent to us that they put the public’s welfare the west coast? Or is he going to join ahead of private interests. . . . Scott Pruitt been demanding these emails. These with those who think that you can de- has not demonstrated this same commit- important documents are things that, grade the environment and still pre- ment. not only the people of Oklahoma, but serve these incredible resources? Mr. President, I suggest the absence people in the U.S. Senate have a right I know that people think Mr. Pruitt of a quorum. to have answers to as we consider his and his statements about climate The PRESIDING OFFICER (Mr. nomination. change are important. I agree because PERDUE). The clerk will call the roll. I join my colleague from Hawaii in part of that stewardship on clean air is The legislative clerk proceeded to saying, What is the rush? What is the basically implementing and carrying call the roll. rush to push forward somebody as an forward strategies to make sure that Ms. CANTWELL. Mr. President, I ask administrator for something that is polluters reduce pollution in our air unanimous consent that the order for about the stewardship of our air and and that we come up with a plan to di- the quorum call be rescinded. water—something that is going to be versify energy sources to reduce that The PRESIDING OFFICER. Without important, not just to our generation pollution. I should say his job is not objection, it is so ordered. but future generations? We want an that, but it is clearly to call out what Ms. CANTWELL. Mr. President, I EPA Administrator who is going to the Supreme Court has said is imple- come to the floor this morning to join protect that. That is what we want to mentation of the Clean Air Act. my colleagues to speak on the nomina- know: Are you going to be an aggres- My colleagues, I think, are failing to tion of Scott Pruitt to be Adminis- sive steward for future generations? recognize that Mr. Pruitt’s hesitancy trator of the EPA. Like my colleagues I had an opportunity a couple of on this issue is really going to cause who have been out here tonight, the years ago to hear one of the great au- problems or challenges for us here in great Senator from Illinois, Senator thors who has written all these books the Senate. It is going to cause chal- DUCKWORTH, and my colleague from about economics. He was talking about lenges for us to move ahead when we Hawaii who preceded her, we are here the great implosion of the economy in are seeing so much impact. to talk about the importance of our en- 2008, 2009. His point was that was going I know my colleague from Maine, vironment and what a critical asset it to cost future generations—not just Senator COLLINS, and I have asked the is to each of our regions of the United this generation, but maybe three gen- GAO for an analysis of what climate States. erations of Americans were going to be change is costing us. What is the im- Certainly, you can say for the State affected by that big great recession of pact of climate change costing us? Why of Washington that the environment is our economy. It is the same issue to- did we ask for that letter over a year our economy—the beautiful aspects of night. ago? Because we are seeing devastating our clean water, the resources of our Our future environment is going to impacts in the shellfish industry, in beautiful mountains and wonderful be impacted, not just for today, but for the timber industry, in various aspects streams, Puget Sound itself, our moun- future generations by what the next of our economy as it relates to that.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.046 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1329 In the Tulsa World Mr. Pruitt said: wait. It is not a long time to discuss filed a settlement after his predecessor ‘‘Scientists continue to disagree about the concerns that our colleagues have completed an investigation into how a the degree and extent of global warm- with this position. In fact, I would be dozen or so poultry producers illegally ing and its connection to the actions of happy to come back on Wednesday and disposed of animal waste. So let’s take mankind.’’ make sure we have consideration then, a closer look at that case. That is what he said in the newspaper giving people time until Tuesday. But The poultry companies in the north- in Oklahoma. people are pushing us to vote for this east corner of Oklahoma were not prop- I know several of my colleagues and nomination tomorrow or, I should say erly disposing of 300,000 tons of animal I have further discussed exactly this today. waste per year. Attorney General Pru- issue, but the United States has made What do my colleagues not want to itt’s predecessor had sued the compa- great strides to reduce carbon dioxide, see in the Pruitt emails? What is it nies for damages caused by pollution and we need to have someone who is that they don’t want to know? Attor- and forced the companies to change going to be aggressive about doing ney General Pruitt has been part of disposal practices. But Mr. Pruitt in more work on this. The consequences close to 30 anti-environmental legal ac- this case, rather than advocating for of increased carbon dioxide have been tions. Is that what they don’t want to the judge to make a ruling, negotiated everything from extreme weather pat- see? an agreement with the company to do terns to impacts on water quality, I know one of my colleagues has said a study on the appropriate levels of which causes impacts to our salmon, to he is going to make polluters pay. He is phosphorus in the Illinois River. drought conditions, which a lot of leg- going to assure that these issues are So while some might say ‘‘Well, isn’t islation—various committees have implemented. that a good step?’’ he let the agree- been discussing exactly what to do Scott Pruitt has sued the EPA 14 ment expire that was already in place about the drought situation in Wash- times. He fought the cross-state air to reduce that waste and did not seek a ington, Oregon and California. I am pollution rule. He fought the regional formal extension. He shut down the en- sure it is going to continue into many haze rule. He fought the clean air vironmental unit that helped start the other States. It is impacting even the standards for oil and gas production lawsuit against those companies. This chemistry of Puget Sound—something sites. He fought the clean water rule. unit was in charge of making sure that I will get into in a minute with ocean He fought the mercury rule twice, and agricultural waste cleanup and mil- acidification. he fought the Clean Power Plan four lions of dollars to clean up those toxic To have somebody who doesn’t get times. sites were in place. Yet he let that ex- how aggressive we have to be on ad- So are my colleagues interested in pire. dressing these issues is very problem- giving this job to someone who has So I have grave concerns about atic. It is an economic issue. fought the EPA and tried to stop them whether he is going to be aggressive I would like to say, as I mentioned from making sure that polluters pay? about these issues all across the United earlier, it is about good stewardship be- This is what the responsibility of the States. Is he going to work to make cause it is about future generations Environmental Protection Agency is, sure these laws that are on the books and whether someone did their job in to make sure that we have good stew- already continue to be enforced? Is he leaving this place to the next genera- ardship. going to fight to make sure that clean tion, but it is also about economic In one case, Attorney General Pruitt air and clean water—the rights of the issues. failed to pursue a Phillips 66 refinery in citizens here in our country—are pre- Mr. Pruitt failed to be accountable as an Oklahoma City, which the EPA served and preserved for future genera- attorney general in releasing emails, found was one of the worst polluting tions? and that is so much of the discussion refineries in the entire country. Phil- I noticed that in Oklahoma there was today about his nomination. During his lips 66, in this case, impacted ground- question 777, a ballot measure. On that confirmation hearing, he repeatedly water. That was the pollution in this ballot measure was Oklahoma’s right- failed to answer questions. And he told case. Yet Scott Pruitt failed to enforce to-farm statute that was proposed by Senators: Submit an open records re- the environmental laws there. the Oklahoma Legislature. If the vot- quest to the attorney general’s office— As attorney general, Scott Pruitt has ers in Oklahoma approved it, it would his own office. It is as if Mr. Pruitt is been absent in other cases. There was a have created an amendment to the taunting our colleagues, not answering groundwater case and pollution by Hal- Oklahoma Constitution prohibiting the the questions about his policy, hoping liburton. Where was the attorney gen- legislature from enacting laws restrict- that my colleagues on the other side of eral in that case? ing agricultural production unless laws the aisle and this side of the aisle will In another case, in Bethany, the were needed to advance a ‘‘compelling support him, even though he will not city’s water wells were impacted by a State interest.’’ give us answers on his policies. And toxic plume of chemicals that im- I think this is a very interesting then he says: Well, if you want to pacted access to safe drinking water. demonstration of how people are trying know, you can submit an open records This case is still going on. But the to use a process, just like the House request. We have; people have. We want attorney general failed to step in and colleagues are sending over regulatory the answers, and a court today has protect those citizens. reform bills. They are going to hide be- said: Let’s give people those answers. So this is what we want to under- hind regulatory reform when in reality We don’t have those answers today, stand, given what Attorney General they are trying to curtail clean water yet my colleagues want to rush to have Pruitt said in his testimony: Ask for and clean air rules. his nomination pushed through when requests. Get the emails. See the posi- Well, the people of Oklahoma were a something as important as the environ- tions. little smarter than that. Right-to-farm ment is at stake. That is what we have done. As we can laws are not uncommon, and there are On average, Oklahoma State govern- see from his record, he knew very well currently variations in all 50 States. ment agencies complied with their it took a long time, that he had every But many such statutes, including open records request within 68 days. tool to make this a very hard process Oklahoma’s current law, protect farm- That was the average, yet Mr. Pruitt, for people to get the answers. Yet we ers and ranchers from nuisance claims as attorney general, has taken over 2 are now within days of having those as long as they operate in acceptable years. A few weeks ago when a lawsuit answers. My colleagues want to go practices. was filed against Mr. Pruitt on this ahead and vote. This question that was put on the very issue, the suit requested that he During his confirmation hearing, Mr. ballot to Oklahomans went further respond to 9 open records requests, ask- Pruitt was asked to identify lawsuits than the typical right-to-farm law; it ing for as many as 3,000 emails. he filed against private companies in would have amended their State con- As I just said, yesterday, a judge said Oklahoma for violation of pollution stitution. The State constitution holds that he has to turn over those records, laws. Despite these examples I just a higher authority than these State those documents, and he has to do so mentioned, Mr. Pruitt could think of statutes. So if that initiative was en- by Tuesday. It is not a long time to only one specific instance in which he acted, it would have guaranteed that

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.148 S16FEPT2 S1330 CONGRESSIONAL RECORD — SENATE February 17, 2017 agriculture can engage in farming One of the key examples they After the EPA assessment found that practices without interference from brought up was the Environmental salmon were at risk from the Pebble the legislature, and it would even have Protection Agency’s efforts to protect Mine, I definitely want to make sure prohibited the public from suits. Can Bristol Bay, AK, from a proposed mine that Bristol Bay salmon are protected you imagine that? I know that that is that is called Pebble Mine. Pebble Mine forever. The EPA had the authority to what some of the proponents of these is a proposed large hard rock mine, as basically use a section of the Clean issues want; they want to do whatever I mentioned earlier, in the headwaters Water Act to make sure those Bristol they want on the land whether it im- of Bristol Bay. Each year nearly 40 mil- Bay salmon were protected. That is pacts the neighbors or impacts clean lion sockeye salmon return to Bristol what I expect. That is what I expect air or clean water. They just want to Bay. In total, Bristol Bay supports 29 after public hearings, an open process, keep moving it forward. species of fish, including all 5 North using the authority. Why would it be a So Mr. Pruitt was in support of ques- American salmon species. That is why good idea to let a mine be located at tion 777. He talked about the ‘‘intru- Bristol Bay is called one of the great- the headwaters of one of the most im- sive rules from government regulators’’ est fisheries on Earth. Bristol Bay sup- portant salmon runs in the world? Why that often ‘‘fail to achieve the stated ports a $1.5 billion sockeye salmon fish- would we do that? Yet Mr. Pruitt took health, safety and environmental ery, which provides 14,000 jobs through- time to join an effort to say: How can goals.’’ Well, we know we want to have out the Pacific Northwest. we overturn EPA’s efforts here? a balance. We can have jobs, we can Even my colleague, the late Ted Ste- I need an EPA Administrator who is have agriculture, and we can have envi- vens, was opposed to the Pebble Mine. going to stand up for our environment ronmental stewardship. I think we, in I think he knew the great resource and in the Pacific Northwest and protect us Washington, work very hard to achieve the importance of Bristol Bay. on clean air and clean water. It is crit- that. This fishery, and the people in that ical that those individuals who were Drought issues like we are experi- fishery, and the tribes of Bristol Bay, proposing this mine continue to be encing in the Yakima Basin got every- petitioned the EPA to evaluate the im- thwarted. body to the table—farmers, Native pact of the proposed Pebble Mine and While the EPA has been close to Americans, fishermen, everybody. In- what it could do to salmon. making sure there are permanent pro- stead of trying to pass initiatives like In 2014, after years of research, EPA tections for Bristol Bay, I am very con- this—which, by the way, failed in Okla- finalized a science-based assessment of cerned that this EPA Administrator homa—people said: We need to work to- the Pebble Mine called the Bristol Bay could start this process all over again. gether in these challenging times of a Watershed Assessment. This assess- That is something we can’t afford. We changing climate and work on pre- ment found that Pebble Mine posed a cannot have an EPA Administrator serving what is most important to all direct threat to Bristol Bay salmon. who is on the wrong side of the Pebble of us. They have done a good job in I am not sure this is a picture of mine issue. They need to protect doing that. Bristol Bay salmon, but this is defi- So what we are looking for is an Ad- Northwest salmon. nitely an iconic symbol of what we are I would also like to talk about an- ministrator who is going to help in talking about here tonight, that thou- other threat to our environment, to that process, who is going to continue sands of jobs in our State rely on salm- our fishing economy that is certainly to make sure we live up to these laws on, and the subsistence culture of that are on the books and help in the happening today and why we need an many Native Americans also rely on challenging times of drought and envi- EPA Administrator not to be spending Bristol Bay salmon. That is why so ronmental impact. their time joining forces with pol- Of Attorney General Pruitt’s 14 cases many people weighed in at meetings luters, figuring out ways to avoid law, against EPA, 13 of those suits were with EPA and agencies in various parts but figuring out ways to implement the joined by the fossil fuel industry. The of the Northwest to talk about this Clean Air Act that the Supreme Court attorney general has been known to issue, because so many jobs would be says we must follow through on. send letters to Federal agencies that impacted. That mine would destroy up Last year, Attorney General Pruitt basically were identical to the fossil to 94 miles of salmon spawning stated that there is a disagreement fuel industry letters; that is, as attor- streams, devastate up to 5,350 acres of about whether human activity has had ney general, he wasn’t making his case, wetlands, and create 10 billion tons of an impact on climate. When he was he was just making the case for the toxic mine waste. pressed on this issue during his hear- fossil fuel industry. So you can imagine my concern when ing, he continued to question scientific The CEO of Continental Resources, a the attorney general out of Oklahoma facts. He said he believed climate top oil producer in the United States— decided he was going to take a very le- change is irrelevant to his role as EPA their organizations basically were try- nient attitude on animal waste and Administrator. Well, I disagree. Cli- ing to push Mr. Pruitt during his time hold the summit trying to basically mate change is not a future hypo- as attorney general, instead of stand- figure out ways to disrupt EPA’s ques- thetical issue. We are seeing it today, ing up for clean air and clean water. tioning and assertions about Bristol and we are seeing it in our State. And we want to know what he is going Bay. How far he is going to go as EPA Our fishermen want to continue the to do in this new job—work with Mem- Administrator to basically have a neg- great legacy that we have in our fish- bers here in the Senate on continuing ative impact on our salmon economy? ing traditions, and we are going to get to implement the law. He could have said: It was just a ses- to why this picture is affected by what One of the best examples of what I sion, and I support EPA’s actions. But I am going to talk about next, but we would expect him to do is to continue that is not the message we are receiv- want to continue to have thriving the good work of the Federal Govern- ing. The toxic mine waste that would Northwest fisheries. We want to con- ment in protecting salmon. Of par- exist at Bristol Bay would contaminate tinue to have a healthy environment ticular importance, as I mentioned ear- massive amounts of areas behind the and food chain that is going to allow us lier, is the issue of Pebble Mine. During second largest dam in the world, and to have a robust fishery in the North- his time as attorney general, Scott that mine waste would be there in per- west. Pruitt, as I said, planned the Summit petuity in Bristol Bay. I think our fisheries can be cited as on Federalism and the Future of Fossil So the science was very clear. The some of the best managed fisheries in Fuels. That is a pretty interesting task Pebble Mine was in the wrong place, the entire world. That is how good we to take if you are the attorney general and it was the wrong idea. Large min- are at it. That is how scientific we are of a State, the Summit on Federalism ing companies have come to that same at it. That is how collaborative we are and the Future of Fossil Fuels. That conclusion. Just a few weeks ago, an at it. That is how much hard work has summit brought together energy ex- analyst issued a report that said Peb- been put into stewardship and man- ecutives with attorneys general to ble Mine is ‘‘not commercially viable.’’ aging the resources and making sure strategize against what they thought That is because of the tremendous the jobs still exists. I would match that was so-called EPA overreach and how costs that are associated with it and with any other part of the United to defeat it. the risks associated with it. States or this planet. The Northwest

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.149 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1331 fisheries are managed well, but they water and a healthy environment to That is what this is about, are we are being challenged. They are being protect this maritime economy and to going to leave it up to the newspapers challenged by the fact that our climate make the right decisions moving for- of America to describe the scientific is changing and that the oceans absorb ward. impact of what is happening so we can 25 percent of the carbon dioxide emis- We don’t want to see what happened force people whose job it is to be the sions, which resulted basically in a in 2005 and in 2006. We don’t want to see stewards here to do their jobs? changing of the chemistry in our wa- that. We want to see more of our shell- They should be the leaders, the peo- terways. That is right; the oceans ab- fish actually able to survive the seed- ple we put in this position. They should sorb 25 percent of carbon emissions. So ing process, and we want to continue to be the ones who lead our Nation in pro- basically they become this sink for the be smart about this. This is where the tecting our most valuable natural re- emissions. science question comes in. sources and making sure these pristine We have scientists who are out on If we have an EPA Administrator areas that we need for our economy, the Olympic Peninsula studying this who doesn’t believe this impact is hap- for our quality of life, for our recre- very issue, not for us in the Northwest; pening, if he is going to thwart the ef- ation are there, and we need an EPA they are studying it for the entire forts to do the research and the Administrator who is going to be ag- United States. It is part of our Na- science, if he is going to spend more gressive about that. tional Laboratory system. They are time trying to thwart these laws than So that is a little preview of this looking at this very important issue implement strategies to mitigate the issue and what it looks like in the and the challenges we face from it. impact of climate change, we are not State of Washington, but on this cli- The fact that the oceans have been going to be successful economically. mate issue, as I mentioned, my col- the sinks for that carbon has made the We need technology like ocean acidifi- league from Maine and I actually rate of ocean acidification 10 times cation sensors. joined forces probably 6 or 7 years ago faster than anything we have seen on Why were we successful at turning on this issue when the Senator from Earth in the last 50 million years. In that situation around with the shell- Maine was aggressive about pushing Puget Sound, that means that ocean fish industry and making sure? It is be- legislation, asking Federal agencies to acidification has resulted in massive cause we were able to locate buoys in make sure they had a response to cli- die-offs of young oysters. Juvenile the water to give us data and informa- mate change. I think the Senator from shellfish cannot survive in these corro- tion about these warming tempera- Maine probably saw then how impor- sive waters, and their shells actually tures, what problems it was causing, tant this issue was, and it was legisla- dissolve. and come up with a strategy to lessen tion we actually passed out of the Com- So this economy for us is in the hun- the impact of acidification. They meas- merce Committee. I don’t think it was dreds of millions of dollars, the shell- ured our waters and how to modify actually implemented into law, but it fish industry. A few years ago, we were growing practices. That is basically was a very good directive at saying to successful in getting some very what they did. If you are denying that agencies: This is going to impact us, minor—I think it was in the definitely climate change is even happening or and what is your mitigation plan. thousands of dollars—to help that in- that it is having this impact and you We, in the Commerce Committee, dustry figure out what was happening are not planning for it, you are not held a hearing about this because what because the shells weren’t forming. We going to go out and help our growers we were finding was that a huge part of were able to see that ocean acidifica- strategize for the future. the U.S. economy—it was definitely a tion was having such a corrosive im- They use that real-time information high number, maybe as much as 50 per- pact, we helped the industry figure out to increase the production from the 20 cent—was driven by States with coast- when a better time for seeding was and percent of historical levels that it was al economies. A report was issued to get to a point where those extreme to 70 percent, but without that data in about how all of these changes im- conditions weren’t having their most collaboration with places like NOAA, pacted sea level rising, impact in ocean devastating impact. our shellfish industry would have con- acidification, all of these things were This die-off in 2005 caused a major tinued to just decline. going to impact these coastal econo- plummeting of the shellfish industry. I need an EPA Administrator who is mies and thereby have a dramatic ef- An industry that employs over 3,000 going to support monitoring; that is fect on the U.S. economy. people in the State of Washington. I going to understand this impact and do For example, just because it might have met shellfish growers who are something about it. not be front and center for somebody fourth-generation shellfish growers in Now why did I have the other picture from Oklahoma, it was going to be- our State. So this way of life around of the salmon fisherman? Because come very front and center for the U.S. Puget Sound is important to us. You ocean acidification, as I mentioned, ba- economy if we didn’t have a mitigation can go to probably a dozen restaurants sically dissolves the shells of impor- plan and did something about it, and here. I am sure you could have gone tant prey species we call pteropods, this report was a heralding call for the across the street to Johnny’s Half and they are the base of the food chain. United States to wake up to this issue. Shell and ordered a product from Wash- So not only am I just talking about the I will never forget that hearing be- ington State. It would be one of the thousands of jobs and millions of dol- cause the actress Sigourney Weaver premier products on the menu. lars associated with the shellfish indus- was there to testify. She was there to We have to fight to keep this indus- try, if you have so much carbon sink- testify because she really wanted to try. We have to make smart decisions ing into our waters that you are de- make the point about how important about our environment. We have to stroying this part of the food chain, it these issues were, as it related to our make good stewardship decisions or impacts the rest of the food chain. It waters and the impact. those four generations of shellfish impacts all the way up the species, in- You would think a brilliant actress growers are not going to be here any- cluding salmon, herring, mackerel, and like Sigourney Weaver would steal the more. other species. So this is why we have to show. You would think her testimony The pollution that is coming from have an EPA Administrator who is before the Commerce Committee would carbon into our water is a big deal. going to follow science and be aggres- be it. That would be the news of the How big a deal is it? Well, it is a big sive at protecting these issues. day, and that is what would be written enough deal to put on the front page of Last month, a new study published about, but it was actually a fisherman the Seattle Times above the fold—and by scientists at the University of from a Southern coastal State who probably not just once, probably sev- Washington and NOAA found that even stole the show because he spoke about eral times. Why? Because we live and Dungeness crabs are at risk because of how his job was threatened, how fish- have a huge population around the these pteropods. I think that is what it eries were threatened, how, if we don’t shores of something called Puget says right there: ‘‘Scientists fear ocean protect our oceans and our air, we are Sound. acidification will drive the collapse of going to have devastating effects on Almost everyone, everyone there un- Alaska’s iconic crab fishery.’’ Thank our fisheries. This gentleman, whose derstands the importance of clean you, thank you, Seattle Times. family and livelihood was dependent

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.151 S16FEPT2 S1332 CONGRESSIONAL RECORD — SENATE February 17, 2017 upon it, spoke in such an unbelievably this is an area where there has been a It doesn’t surprise me that that is meaningful way, he upstaged her. lot of discussion. I am not exactly sure what somebody in Kitsap County said— So this isn’t something we are com- where Carysfort Reef is, but I think not somebody in Poulsbo. You should ing at just because President Trump there has been a lot of discussion here just go look it up, people who are lis- has nominated Scott Pruitt; this is in the Senate about making sure peo- tening. People listening, anybody lis- something we are going to fight for ple have access to it or what ways the tening tonight from other parts of the every single day because it is impor- public can enjoy this particular site. United States, go look up Poulsbo, WA. tant that our Nation have a response to But when I look at this picture and I It is a beautiful community that is all it. look at the devastating impact we see about what Puget Sound can deliver My colleague from Maine was on it a on this coral reef, I question what our for us, and they will be the first part of long time ago. She said: Let’s make strategy is to preserve what is an im- our State to tell you what ocean acidi- sure that every agency is going to have portant recreational and commercial fication is doing in Hood Canal to im- a plan for what we are going to do asset to Florida. What is our strategy? pact our fishermen. They will be the about mitigation and impact as a re- When I think about an EPA Adminis- first people. They know because this sult of climate. trator, are they going to act now in has been part of their livelihood. As I mentioned just recently, in the balancing this issue and making sure So I want to close tonight—this last year or so, she and I joined and that things like the Clean Power Plan, morning, I should say—by saying that I sent a letter to GAO asking them to which is saying to polluters: You must hope our colleagues will at least con- actually give us an estimate across the reduce pollution—are they going to do sider the fact that we are raising con- whole Federal Government. What is that for the fishermen and cerns, because we have great concerns going to be the cost and impact of recreationists and those who believe in about the economy of the future, and these changes to climate on our econ- the beauty of these coral reefs in Flor- that economy of the future depends on omy and the Federal Government? This ida? Just like the Washingtonians in clean air and clean water and an Ad- is a very important answer to have my State who go out and recreate on ministrator who is going to fight to from the GAO because my guess is that Puget Sound and want to fish salmon implement the law. they are going to show that it costs a and want to make sure our fishing We need an Administrator who is lot of money. It is not surprising to me economy stays strong—are they going going to be there not on the side of the because I have seen it in my own State, to have an Administrator who is going polluters but on the side of the people with catastrophic wildfires that have to do this? in dealing with some of the thorniest burned up hundreds of thousands of I can tell you that next summer I environmental problems because of the acres of land at an unbelievable cost to guarantee you there are going to be un- change in climate this country has the Federal Government. believable discussions about fishing in seen. We want someone who is going to We are trying to come up with a bet- the Northwest. Why? Because there is use that science and information to ter strategy for combatting these going to be an impact on salmon, and help provide the stewardship for future wildfires. We can’t get our House col- everybody is going to want to fish— generations. I don’t think that is Mr. leagues to engage in a serious Energy commercial fishermen, sports fisher- Pruitt. bill process. Hopefully someday we will men—everybody is going to want to I ask my colleagues to help turn get them to understand that the Sen- fish, and unless we have an EPA Ad- down his nomination and to move for- ate in a bipartisan fashion did its ministrator and a NOAA Administrator ward—at least give us the chance to homework and had approval. and people who are implementing great look at his emails so we know exactly But these issues are not going away. conservation strategies, we are not what we are dealing with and to make Next summer there will be another going to be successful because this pol- sure that our country is going to con- part of the United States that will be lution is impacting our natural areas. tinue to be committed to these men in the hot spot again, and instead of I can see here that it is impacting and women who work in this resource making sure we are addressing that, Florida’s economy the same way. economy that depends so much on some of our colleagues just want to ig- During an interview, Scott Pruitt’s clean water and air. nore it, just like they are ignoring Mr. predecessor, former Attorney General I thank the Presiding Officer, and I Pruitt’s emails and his answers to Drew Edmondson, who served as Okla- yield the floor. these important questions. homa attorney general from 1995 to I suggest the absence of a quorum. That is the Northwest. Let’s look at 2001, stated: The PRESIDING OFFICER. The other parts of the country on ocean ‘‘Under his tenure as attorney general, I clerk will call the roll. acidification. Here is an example of a don’t think environmental crimes have dis- The legislative clerk proceeded to coral reef in the State of Florida. In appeared. It is just the filing of cases alleg- call the roll. 2016, the University of Miami published ing environmental crimes that has largely Mr. WHITEHOUSE. Mr. President, I a study which found that Biscayne Bay disappeared.’’ ask unanimous consent that the order coral reefs are already suffering the So I think that somebody knows for the quorum call be rescinded. impacts of ocean acidification. I would something about this. The PRESIDING OFFICER. Without expect that coral reefs in Florida are I have constituents who are also objection, it is so ordered. probably as important to their econ- writing and communicating to me Mr. WHITEHOUSE. Thank you, Mr. omy as salmon is to our economy. I say about these issues, about whether they President. that because I know people go to visit think Mr. Pruitt is the right person to There is a lot we don’t know about those coral reefs. Actually, their reefs, be EPA Administrator. It is not sur- Scott Pruitt. We know that thousands according to economic analysis, are prising that we have a quote here from of emails between this man and the in- worth over $7.6 billion. That is what one of my constituents from Poulsbo, dustry that he is supposed to be regu- coral reefs are worth, apparently, due WA. I just talked about the Puget lating as EPA Administrator have been to their importance in recreational and Sound economy. I just talked about suppressed by him for years. We know commercial fisheries and tourism. this economy. Puget Sound is town that just yesterday a court found that Everybody wants to stand up for the after town of communities with fisher- suppression of his emails unreasonable, fossil fuel industry because they have men who go out and take advantage of an abject failure of his duties under the jobs, but they forget the jobs that are that economy within our waters and law to disclose. Those ought to be related because of our environment and also go as far away as Alaska to fish. alarm bells for the side of the aisle how important it is to our economy. So I am not surprised that somebody that is forcing, jamming this nomina- In this particular picture, we are see- from Kitsap County has written to the tion through. ing the devastating impact and Kitsap Sun and said: ‘‘I voted for He told us he couldn’t get these changes of this coral reef in just a very Trump, but I certainly did not vote for emails released for more than 2 years, short period of time. a government takedown of my State’s and the court ordered him to release This upper picture taken in 1976 most important asset, our water and the first chunk Tuesday, just days shows a very vibrant coral reef. I think our economy.’’ from now; the second big chunk, 10

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.152 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1333 days from now. So clearly there has That is not right. That is not the way on both sides of the aisle to do the same. been some mischief here, when on the the Senate should behave. That is not Thank you. one hand this office pretends that it consistent with our advice and consent On the next, her name is right in the can’t get the emails out for more than responsibilities, and, frankly, it sets up letter. So I will read it: 2 years, and a court looks at the situa- Republican Senators. If and when it ul- I am a 23-year-old woman with a bachelor tion and says: No. You make them timately does come out that there is of science degree in wildlife and conservation available Tuesday. That is not a sign of significant mischief exposed in those biology from the University of Rhode Island. I am writing to respectfully demand you good things. emails or if there are significant con- vote ‘‘no’’ on the approval of Scott Pruitt for No. 2, this is a guy who, as part of his flicts of interest created by that dark Administrator of the Environmental Protec- political money operation—a political money operation, the Senate does not tion Agency. It is extremely clear that Pru- money operation that is heavily funded look great for having used its energy itt is the WRONG choice to head the EPA. by big fossil fuel industry players and effort in this nomination to cover As someone with an extensive education in about whose carbon emissions he will that stuff up. environmental sciences, conservation, wild- be making vital decisions as EPA Ad- There is a doctrine called willful life and plant biology, chemistry, and phys- ministrator. So far, his relationship ics, I am deeply concerned with Pruitt’s ca- blindness, which is the wrongful inten- pabilities. A climate change skeptic, with no with them has been to take their tion to keep oneself deliberately un- formal science-based education, Pruitt has money and to be their lawyer. That is aware of something. It is a culpable zero concept of what it takes to make in- not a good start, either, for an EPA Ad- state of mind in criminal and civil law. formed decisions about the current and fu- ministrator. That is the state of mind that is being ture stakes of our environment. Here is the other thing we don’t maintained by the majority with re- Rhode Island is leading the country in know: We don’t know about his dark spect to this individual, and one has to many environmental fields, such as renew- able energy, environmental protection, and money operation. The Rule of Law De- wonder why. Why are there these big fense Fund—the whole reason you set sustainable agriculture and aquaculture. We things that we don’t know about Scott cannot allow a climate change skeptic, with up something like that is to hide the Pruitt? a love affair with fossil fuels, to make impor- source of money that you use in poli- It is not that we didn’t ask. It is that tant decisions regarding our precious envi- tics. That is why the entity exists. It is we got told by the majority: Run ronment and those working hard to protect to take groups like this and launder along; it doesn’t matter. You will have it. their identities right off of them so no support from us. We are going to I urge you to vote no on the approval of that, when money shows up, for in- clear this guy anyway. It doesn’t mat- Scott Pruitt for Administrator of the Envi- ronmental Protection Agency. stance, at the Republican Attorneys ter if his answers to you make no Catherine Hoyt wrote in: General Association, it is not attached sense. It doesn’t matter if his answers to Devon Energy; it is not attached to aren’t truthful. It doesn’t matter if his I have a special concern for the upcoming ExxonMobil; it is not attached to Mur- vote on the EPA Director, Scott Pruitt. I answers put you at the end of a long know you are on the Committee for Environ- ray Energy; it is not attached to the FOIA line when this is the Senate’s ad- ment and Public Works so you are more in- Koch brothers or to their front vice and consent process. None of that formed than most people— groups—Freedom Partners and Ameri- matters. Although, as I just explained, we are cans for Prosperity—it is not attached Just by one point of evaluation, the deliberately underinformed in some to the company whose billionaire presi- difference is that, when the Senate very telling ways— dent was his finance chairman for his Committee on Environment and Public and I trust that you are unlikely to vote con- campaign, Continental Resources; it is Works looked at this, they said: Run trary to the interests of our beautiful and not attached to the Southern Company along; nothing here. We are not inter- environmentally unique coastal State. and to other big energy companies. It ested. Don’t show us a single email. Among other things I do, I am a sailing in- just comes out of the Rule of Law De- And the judge looking at it said to structor in Edgewood, in Cranston. fense Fund. The identity of the donor get them out Tuesday—a local State Cranston is another one of our mu- has been scrubbed away. It is an iden- judge. nicipalities. tity laundering machine. Since when is the double standard in I have been sailing in the Upper Bay for These are the relationships that are which Senators are deprived of seeing about 10 years. Even in that amount of time, forged when you are asking people for highly relevant evidence? What is the bay is noticeably cleaner. The water is hundreds of thousands of dollars, and being covered up and why? Who is pull- clearer, and there are more birds and fish and crabs and other creatures that signify, $1 million a year was the budget for the ing the strings around here so that Rule of Law Defense Fund. If you are through my direct experience, that the envi- these obvious questions don’t get an- ronment is healthier in the Upper Bay. asking for that kind of money from swered when you put it side by side My anecdotal evidence is also confirmed by these people, it is elementary that the with a State court proceeding that scientific reports from URI— Senate should know about that, but asks the same question and the ques- The University of Rhode Island— our colleagues on the other side of the tions get answered like that. Some- over the summer that Narragansett Bay is aisle have completely stonewalled thing is rotten in Denmark. cleaner now than it has been in 150 years. this—zero inquiry into the dark money It hasn’t fooled Rhode Islanders. My Wonderful. I would be very sorry to see that operation that this individual was al- correspondence is running about 50 to 1 trend reverse. I am old enough to remember lowed. against Scott Pruitt. Over 1,000 Rhode what it was like before the EPA, and I do not Why is that? That is pretty unusual. Islanders have written in against him. want to go back to smog-filled skies, pol- luted waters, and tragedies like Love Canal Why were we not allowed to get these Let me just read a couple of their com- emails? Why were we told: Oh, you will and Woburn’s poisoned well water. munications with me. I am sure that, if it were not for the EPA have to line up behind everybody else This is from Amanda Tarzwell: and groups like Save the Bay—which is a in this FOIA line that I have main- As a member of the Committee on Envi- local environmental organization—that the tained for 2 years. That was an ade- ronment and Public Works, I urge you to do Upper Bay would have become more toxic quate answer to the majority on the all you can— and polluted due to industrial use, sewage, EPW Committee, but the judge who ‘‘All you can,’’ she says— rainwater runoff, pesticides, and road salt. took a look at that same situation What is more, I believe that the EPA regula- to block Mr. Pruitt’s nomination as the head tions have been good for business. Because said: No, you get them Tuesday. If the of the EPA. My grandfather, Clarence chairman had said: No, you get them pollution is, ultimately, wasteful and coun- Tarzwell, worked for the EPA and opened the terproductive, and clean businesses often are Tuesday, we wouldn’t be having this EPA lab in Narragansett. efficient and, therefore, more successful problem. We would have seen them Narragansett is a Rhode Island town. businesses. Look at the careful reutilization weeks and weeks and weeks ago. of materials by companies like Apple, who All of the pressure from the majority It is located on Tarzwell Drive in his honor. He is now deceased, but I believe in are investing in the future and their profit- on this nominee has been to cover up the work he did and the necessity to protect ability by going further than required. They this stuff. Don’t let it in. Nothing to our environment and continue to work on are nearly cash neutral at this point. see here, folks. Move along. Move climate change. Please do everything you Some of that is through buying car- along. can to urge your fellow committee members bon credit, but, clearly, they are not

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.154 S16FEPT2 S1334 CONGRESSIONAL RECORD — SENATE February 17, 2017 afraid of being environmentally re- But if that were even remotely sincere, ment—State and Federal—are awfully sponsible. he wouldn’t have shut down his own of- powerful in this Chamber as well, and As a concerned citizen of Rhode Island and fice’s environmental enforcement unit they are obviously calling the shots at America, regarding President Trump’s nomi- as the attorney general of Oklahoma. the White House, where a nominee like nation for head of the Environmental Pro- The common thread here is that he this would come from. tection Agency, Scott Pruitt, I believe deep- doesn’t want any environmental en- We are in the process of deliberately ly that this is not the person for the job, forcement at the Federal level and he sabotaging the orderly and honest op- that there is nothing in his background that doesn’t want any environmental en- suggests he has any interest in protecting eration of an agency of the U.S. Gov- American citizens and their health and envi- forcement at the State level. He shut ernment, not at the behest of a foreign ronment from harm. I have never written down the unit. He zeroed out the budg- power but after a special interest—the any of my congressional Representatives in et. He gave us a bunch of soft soap biggest and, in my view, the foulest my many, many years on this planet until about how actually he moved the envi- special interest in the world today—the today. ronmental unit into something called a fossil fuel industry. I remember the air quality in Rhode Island federalism unit. But if you look at his The fossil fuel industry has become in the late sixties and through the seventies- own website for the federalism unit, so big and so powerful and so merce- plus. Those visible brown clouds, especially the word ‘‘environmentalism’’ or ‘‘en- in the summer, as pollution and smog drifted nary that it has decided its best invest- from New York or Connecticut towards vironment’’ doesn’t appear. It is news ment is no longer in oil fields or coal Rhode Island. I remember the pollution in that that is his environmental enforce- seams or fossil fuel processing plants, our beautiful Narragansett Bay. I see the ment section, because it doesn’t say so but in acquiring a controlling interest changes ocean rise has already effected. on his own website. That was an inven- in the Government of the United Climate change is real, and it is scientif- tion just for the hearing. States. And it turns out we come pret- ically accepted across the world. I am deeply When you look at his own budget, the ty cheap. troubled by Mr. Pruitt’s statements and amount he budgets for environmental legal actions he has instigated against this According to the International Mone- enforcement disappears. It has gone to tary Fund, we give the fossil fuel in- Agency. I am asking you to take a stand for zero. When you look at the Environ- the health of the citizens of Rhode Island dustry a subsidy every year in the and the American people. Please vote no mental Enforcement Task Force that United States alone of $700 billion. when the votes are called for Mr. Scott Pru- his office’s environmental unit had par- That is a more valuable prize than any itt’s nomination. ticipated in under the previous attor- drilling rights or any mining lease. To Here is the last one I will read: ney general, Drew Edmondson, that has protect it—to protect $700 billion a disappeared too. He has gotten rid of As a retired Federal scientist, meteorolo- year—acquiring a controlling interest gist, I am deeply concerned that the EPA every element of environmental en- in the U.S. Government is a bargain. continue to be an agency that makes deci- forcement that he controlled at the One fossil fuel front group spent $750 sions about our environment that are based State level, while taking money from million in the last election. That is a 1- on the best science available. all of the big polluters, while having to-1,000 payback—a 1,000 times ROI— Scott Pruitt has a record of supporting the CEO of Continental Resources—a policies that are pro-business at the expense each year that they keep the $700 bil- billionaire—as his fundraising chair. lion subsidy if they keep plowing $700 of the environment despite what the science He took money from the fossil fuel million a year into politics to produce shows. How can he possibly be considered as industry through all of these different the voice that will fight for clean air and results like this nominee for EPA. clean water? Despite excellent progress over entities—through his leadership PAC, Liberty 2.0; through his campaign, Pru- You get benefits once you have ac- my lifetime, pollution continues to be a quired that controlling interest. major problem for the air we breathe and the itt for Attorney General; through his water that sustains us. super PAC, Oklahoma Strong PAC— Only one Republican has publicly Please join the voices on the Hill that sorry, that is his leadership PAC, and taken a stand against Scott Pruitt, the block the appointment of Scott Pruitt as Liberty 2.0 is his super PAC—through most compromised and corrupted EPA Administrator. Thank you. the Rule of Law Defense Fund, which is nominee in memory, with huge holes of I wish we could block the appoint- his dark money operation. By the way, secrecy still around his relationship ment of Scott Pruitt as EPA Adminis- whatever the attorney general needs is with the industry he is supposed to reg- trator. It is really rare to see a nomi- a dark money operation. Really? ulate—nobody else, just the one. No nee for a Federal agency who is as un- Through the Republican Attorneys Senators from States whose big cities qualified—indeed, as disqualified by General Association, which he raised are flooded by rising seas on sunny conflict of interest—as this individual. money for, and who knows what else. days, no Senator from States whose As for the idea that he is being jammed This guy is fully fossil fuel funded. historic native villages are washing through just as thousands of emails are And in his entire career, he has dedi- into the sea, no Senators from States going to be released about him—be- cated himself to getting rid of and at- who are losing ancient forests to pine tween him and his big funders and the tacking environmental enforcement beetles and wildfires, nor from States groups that they funded him through— wherever he finds it—at the State or whose farmers see unprecedented ex- something is wrong. This is not the Federal level. You can’t beat shutting tremes of flood and drought, and whose way the Senate should behave. down the environmental unit in your home State universities assign respon- The people on that side—in taking all own office. sibility for those new extremes to cli- of this mystery, all of this mischief, all So that is what we are looking at. mate change caused by carbon emis- of the emails, all of the dark money— When you look at that combination sions from companies like these—none who are being asked to vote are being and throw in the secrecy about the from the States whose fisheries are im- told: Don’t even look at that. dark money operation and this mad periled by warming and acidifying I can promise you that if the shoe rush to get this guy through before the seas—no one. There is just that one were on the other foot, Republicans week is out in which these emails come Senator. How well this industry is suc- would be clamoring for emails. out, it stinks. ceeding. This is a grim day for this Chamber— What we are doing here is a delib- This EPA nominee may be com- what we are doing here, knowing of erate act of sabotage of the orderly and promised and corrupted, but he is com- this man’s record, knowing of his honest operation of an agency of our promised and corrupted by the fossil record of shutting down the environ- government. We are putting in a person fuel industry. So there is no talking mental agency in his home State while who can demonstrably be shown to be about it on that side. Everybody just attacking the environmental agency of incapable of and disqualified for those studies the ceiling tiles when the sub- the Federal Government while pre- duties. I think that is actually not a ject comes up. Nobody will help us find tending that his concern is federalism; bug in this program; that is the fea- out about the thousands of stonewalled right? He has pretended that he thinks ture. That is the feature because these emails with his fossil fuel industry pa- that the enforcement responsibility same forces that have been behind trons. Nobody will help us inquire into shouldn’t be at the Federal level, that Scott Pruitt all his life, as he has the nominee’s fossil-fuel-funded dark it should be down at the State level. fought all environmental enforce- money operation. Nobody challenges

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.156 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1335 his nonsense answers in the confirma- Competitive Enterprise Institute, This is a heartbreaking speech for tion process. He answered, he an- Americans For Tax Reform, groups me. I perhaps need to start with a little swered; let’s move along, let’s move from the State Policy Network—why personal background to explain. along. don’t these folks turn up somewhere Last year, we commemorated the The dark hand of the fossil fuel in- else? They turn up in the research of 75th anniversary of the Pearl Harbor dustry is all over this nomination. This academics who are actually studying attack. After Pearl Harbor was at- is the wolf being deliberately inserted the climate denial operation—because tacked, boys across America rushed to into the lamb fold. It is from the fossil it is an operation. You can follow the sign up for the service of their country. fuel money that fueled his politics—un- money from the fossil fuel industry out My father and my uncle were two of known fully because we refuse to shine into an array of front groups—front those boys. Both became pilots in the the Senate’s light into his dark money groups by the dozen—whose whole pur- Pacific theater. My dad was a Marine operation—to the thousands of emails pose in life is to make them look like Corps dive bomber pilot; my uncle was between him and his fossil fuel indus- they are not fossil fuel industry front a carrier-based Navy fighter pilot. My try patrons, only a fraction of which groups. So they have names like the uncle was killed over the Philippines. have been brought to light throughout Heartland Institute or the George C. Actually, he was under JOHN MCCAIN’s our confirmation process, and which Marshall Institute, which, by the way, grandfather’s command—small world— were only uncorked after his office was has nothing to do with George C. Mar- but I doubt that Admiral McCain knew sued—not because of any effort on the shall or his family. They just took the who Ensign Whitehouse was. other side in the confirmation proc- name because everybody knows what a My father came home from the war, ess—to the fossil fuel front groups that respected individual George C. Mar- and he served our country all his life, have come out supporting this nominee shall was. They just took the name and first as a CIA officer and then as a and are spending millions to push him went to work phonying up the climate decorated career diplomat. I believe he through. Think about that. These change debate under the name of won every award the State Department groups are funding ad campaigns to George C. Marshall. has to offer, and he served in difficult, push this guy through. Obviously, they That is a pretty shameful act when challenging, poor, and war-torn coun- have expectations about how well they you think what George C. Marshall did tries his whole life. At the end, he are going to be treated by him. for this country, but these are not peo- came out of retirement to set up Spe- Through all of that, the sting of this ple for whom shame has much effect. cial Operations Command in the Pen- industry’s influence is profound. If you look at Dr. Brulle’s analysis— tagon for President Ronald Reagan. Just reflect on that last point. A I was raised in that life. We were dark money operation is being cranked he is one of the academics who looks at this array of front groups that are fos- often in dangerous and war-torn places, up by polluters to ram the EPA nomi- and we were surrounded by American nee through. sil fuel funded—this group of people, of entities that signed the letter for this families who faced the discomforts, the Here is a headline: diseases, and the dangers of those far- Energy executives, secretive nonprofit guy—they show up here too—small world. away postings because to them some- raise money to back Pruitt. thing mattered. Something mattered New group warns that EPA nominee’s con- Well, I wonder whom they thought to take your family to a place where, if firmation ‘‘is not a certainty’’ and millions that letter would convince? I don’t your child was sick, there was no de- of dollars are needed for the fight. think they expected it would convince cent hospital. Something mattered to There would have been a time when many Democrats. Many of us on the take your family to a place that if your it would have been disqualifying when Democratic side have gone to the floor child was bit by a dog, there was a good polluters were raising millions of dol- of the Senate to call out these fossil- chance the dog was rabid. Something lars needed for a fight to ram through fuel-funded, dark-money-driven front mattered to take your family to places an EPA nominee. This is conflict of in- groups, as the fossil-fuel-funded, dark- where the electricity wasn’t reliable, terest in plain day, but it is a conflict money front groups that they are. of interest with the right folks around the water wasn’t clean, the people So I don’t think Democrats are very here, I guess, and so we don’t consider weren’t friendly, and diseases abound- plausible targets for that letter. So it conflict of interest any longer. ed. Whom do you suppose most of the why the letter? Well, my view is that These folks didn’t talk about it a lot. dark money is? Well, we don’t know, this was done because everyone in this Today, a lot of people wear their patri- because it is dark money. But who is it building knows that the Koch brothers’ otism on their sleeve. It was not really usually? Well, the fossil fuel industry, political operation is behind all of a topic of conversation, but it was a the Koch brothers, and their front these groups—many wiggly tentacles of thread through their lives that showed groups. And what do you suppose they the same fossil fuel polluter Hydra. Be- that in their choices something want to spend millions of dollars for? hind this letter is the same Koch mattered. They didn’t wear their patri- What could be better for them, the big- brothers political operation that otism on their sleeves; they lived it. gest polluters on the planet, than a lit- warned Republicans of the political The American Government that they tle minion to run the EPA as Every peril—not my word, their word—that served and that my uncle died serving Polluter’s Ally.’’ Republicans would be in if they crossed was, to them, an ideal. Did America In any sane world, the fact that all this industry, of ‘‘how severely dis- sometimes fall short of that ideal? this dark and dirty money is being advantaged’’—another quote from the Sure. But I will tell you what: Every spent to ram through an EPA nominee industry books—‘‘they would be if they other country in the world knew the would be disqualifying all by itself— dared to do anything on climate difference between America and every- but not here, not now, not in a Con- change.’’ body else. We stood out for what we gress that is so compliant to the fossil That is what this letter is. It is a sig- stood for. Across our agencies of gov- fuel industry that this alarm bell nal. It is the political mailed fist of the ernment, for decades, many Americans doesn’t even register. Koch brothers in a front-group glove have worked quietly and honorably to Fossil fuel front groups sent a joint giving its marching orders. In any sane advance that American ideal. letter of support for their little minion and normal world, this letter by itself At the heart of that ideal is a duty, Pruitt. Here is the letter with all of from all these polluter front groups and the duty is to put country first, to these various groups who I think are would be disqualifying, but it appears put the American people first, even be- united in their dependence on fossil this body will obediently turn the En- fore your own families’s comfort and fuel money. vironmental Protection Agency of our safety. That honor and that duty run- Here is the legendary Heartland In- government over to the minion of the ning through the lives and service of stitute. They are that classy group polluters to join an administration millions of public servants are the core that compared climate scientists to the dead-set to destroy science with poli- heartstrings of American democracy. Unibomber. That has been their con- tics. It is like everyone on the other Into that government, this Trump tribution to the discussion about cli- side has been sworn to secrecy while administration has nominated as Ad- mate change. this happens in plain view. ministrator of the EPA, a tool of the

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.158 S16FEPT2 S1336 CONGRESSIONAL RECORD — SENATE February 17, 2017 fossil fuel industry, a man who demon- say, in her seventies. She had child- doing is swelling the seas with that strably will not take his government hood memories of that house. It had heat. On top of that, in comes the responsibilities seriously because he been her grandparents’, and she would water from melting glaciers and there never has. He has never taken EPA’s come to visit as a little girl. What she is your sea level rise, 10 inches of sea responsibility seriously. He has done remembers as a little girl is that she level rise that we have measured at nothing but sue them. He has never would come out of that house, and in Naval Station Newport, to the point taken his State’s environmental re- front of the house was a little lawn big where we face scenes like this: a man sponsibility seriously. He has shut enough to put up a net and play in a kayak going down in front of the down the enforcement arm that his of- volleyball or badminton. Across from Seamen’s Church Institute in Newport, fice had. He will represent with the big- their lawn was a little road, just a RI. This is not water in the ordinary gest conflict of interest in history a sand-and-gravel road, but it allowed course. This is a place where tourists polluting industry whose regulation is cars to come down and park near the walk. That is a storefront with water actually now the EPA’s primary public beach. On the other side of the road coming through the doorway. This was duty. This isn’t some fringe question of was a little parking area where the the storm surge, the tide, that came in conflict of interest about some ques- cars could pull in. Beyond the lawn and with Sandy—which missed us, by the tion that may emerge. This is the big- the road and the parking area was the way. gest stinking conflict of interest I beach. Her memories of the beach were We have a Coastal Resources Man- think we have ever seen in this body of sunny days with the sun beating agement Council that defends our about the issue that is at the center of down on the sand, and she would get shores, and our University of Rhode Is- the Environmental Protection Agen- across the lawn and across the road and land and Coastal Resources Manage- cy’s responsibilities. With the most im- across the parking lot, and then she ment Council work together to see portant task before the EPA being to would just have to scamper as fast as what is coming. They have developed control carbon emissions before we she could on her little feet across the new computer tools to determine which push this planet over the climate cliff, hot sand. She described to me remem- houses are going to be lost in what bering what a long run that felt like the industry in question will now rule kind of storms, how often this scene is for her to rush down to the ocean the regulator. going to have to repeat itself in Rhode Well, this hits home. I have fisher- where she could put her feet into the Island. We are anticipating 9 feet of sea men in Rhode Island who need honest cool Atlantic waters and swim. That level rise by the end of this century. environmental policy to protect our beach, that parking area, that road, My colleagues may think that is seas. ‘‘It is not my grandfather’s that lawn, and now her house are all funny, that this is all sort of an amus- ocean,’’ they have told me. ‘‘Things are gone. These are the things that are ing hoax we can talk about, but any getting weird out there,’’ people who happening in my State that the Repub- State whose coasts are threatened with have fished since childhood have told licans in this building could not care 9 feet of sea level rise, any representa- me. less about—could not care less about. Moreover, Rhode Island is a down- The math is obvious: When you add tive of that State has a responsibility wind State from the midwestern smoke heat into the atmosphere, the ocean to come here and fight to try to defend stacks and a downstream State from absorbs the heat. Indeed, the ocean has that State. When the adversary is the big special out-of-state water pollution. Rhode Is- absorbed almost all of the heat of cli- land needs a strong EPA to enforce mate change. God bless the oceans be- interests that is causing that and that clean air and clean water laws from cause if it weren’t for them, we has mounted the vast campaign of lies harm starting outside our boundaries. wouldn’t be worried about hitting 2 de- I talked about earlier to try to cover My attorney general has not shut down grees’ increase in temperature. We it—it is $700 billion in subsidies every his environmental unit, and my depart- would be worried about hitting 30 de- year—then that is an adversary worth ment of environmental management is grees’ increase in global temperature. going after because that is a dirty and doing our best to keep Rhode Island Because of all the heat that has been wrongful adversary. clean and livable. But they can’t do piled up, it has gone into the oceans When their representative is going to much about out-of-state polluters. 93.4 percent. That is like setting off run the EPA, that is a disgusting state That is where the EPA comes in. For a more than two Hiroshima nuclear of affairs. If Rhode Island had to suffer man who so plainly disbelieves in and bombs in the ocean every second. this to save our country for some great deprecates the EPA’s mission, it is an Every second. goal, if Rhode Islanders had to go off to alarming picture for Rhode Island. Think of the heat of a nuclear explo- war again like my father and uncle and We are a coastal State, and a small sion of the level that destroyed Hiro- Rhode Islanders have since the first one. We don’t have a lot to give back to shima. Think of the—whatever it battles in Portsmouth, RI, the Revolu- rising seas. I have to say, I am sick of would be—terajoule of heat energy that tionary War, we would saddle up—sign having to comfort people whose homes gets set off by a nuclear explosion. Our us up—to take on whatever we need to have been washed away into the sea. oceans are absorbing heat. If we meas- defend this great country, but don’t This is a picture I took not too long ure over the last 20 years how much ask us to take a hit like this to protect ago. Colleagues who have been here for heat they have absorbed, they are ab- a big special interest. a while might remember this indi- sorbing heat at the rate of multiple The arrogance and the greed of the vidual. He was the Governor at the Hiroshima nuclear explosions hap- fossil fuel industry and the dirty things time, but he was my predecessor in my pening in the ocean every second for 20 it is willing to do to advance its inter- seat in the Senate, Lincoln Chafee. His years. ests knows no bounds. It lobbies Con- father served here with enormous dis- We wonder why Senator CANTWELL gress mercilessly against any action on tinction for many, many years and was was talking about strange things going climate change, and it has for years. actually a Republican chairman of the on in the oceans. We wonder why my It runs a massive political election- Environmental and Public Works Com- fishermen are saying it is getting weird eering operation of dark money and mittee who cared about the environ- out there. But when all that heat goes false attacks to prevent any action on ment. He was an environmental Repub- into the oceans, there is a law called climate change, and it has for years. It lican leader. the law of thermal expansion. That is operates that giant array of front These are houses that have washed not the kind of law we debate around groups, a multi-tentacled, science-de- into the sea as the result of a storm. here. That is one of nature’s laws. That nial apparatus to put out streams of Sea level rise has raised the level of is one of God’s laws. That is one of the calculated misinformation. It does this the ocean so that storms throw their laws of physics and chemistry that we all to protect what that International water farther in, and they take little so ignore around here because we are Monetary Fund report identified as a houses like these that have been paying attention to the laws of politics $700 billion annual subsidy. beachfront houses for many years and and the ‘‘golden rule’’: Who has the What would big corporations do to they just pull them into the ocean. gold, rules. protect $700 billion? Well, we are find- I spoke to the lady who I think But these are laws that we don’t get ing out. For years, the fossil fuel indus- owned that house. She was, I would to repeal or amend. What they are try has been deliberately sabotaging

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.159 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1337 the honest and orderly operation of the If you look at the influence of Big linked to the Koch brothers, who run legislative branch of America’s govern- Business—particularly the fossil fuel one of the biggest polluting operations ment to protect its subsidy. With this business—it has been something else in the country, but we don’t really appointment, it would be able to cor- around here. I was elected in 2006. I was know. We don’t really know. It has rupt and sabotage the EPA. sworn in, in the Senate, in 2007. When been kept absolutely quiet. I use the word ‘‘corrupt’’ because this I was first here in those early years, There is a black hole of secrecy is indeed the very definition of corrup- there was a Republican climate bill around this nominee’s dark money op- tion in government. This is govern- floating around the Senate virtually eration; whom he raised it from, what ment corruption in plain view. In the all the time. the quid pro quo was, what he did with Supreme Court decision Austin v. My recollection is that there were it. Not allowed to know. Move along. Michigan State Chamber of Commerce, five Republican cosponsored climate Move along. It doesn’t matter. here is how the U.S. Supreme Court de- bills during my time there. SUSAN COL- This is a test. This is a test of the scribed corruption. The Court described LINS did a climate bill with Senator Senate. Will this nominee ever tell us it as ‘‘the corrosive and distorting ef- CANTWELL; Senator John Warner of exactly what his relationship with the fects of immense aggregations of Virginia, Republican, did a bill with fossil fuel industry is? Will we get wealth that are accumulated with the Senator Lieberman; Senator GRAHAM these emails in time to make an in- help of the corporate form and that worked on a bill with Senator Kerry; formed decision before his nomination have little or no correlation to the Senator LAMAR ALEXANDER had a bill is rammed through one step ahead of public’s support for the corporation’s of his own; and Senator MCCAIN sup- the emails that the judge said had to political ideas.’’ ported climate legislation and ran for be released? Back we go to this network of false President of the United States on a I can’t get over the fact that this guy front operations, established by im- strong climate change platform. And covered up the emails for 750-plus days mense aggregations of wealth that are then came 2010. Then came a decision for more than 2 years and a judge said: accumulated with the help of a cor- called Citizens United, which the fossil No, get them out Tuesday. And they porate form and that have little or no fuel industry asked for, expected, and are going to get them out Tuesday. The correlation to the public support for immediately acted on when it came second chunk, you have 10 days to get the corporation’s ideas. out, and it said to the big special inter- them out. He sat there in our com- We got some interesting polling re- ests: Go for it, boys; spend all you want mittee and acted as if this was some cently. The George Mason University in politics. We five Republican ap- huge terrible task that he couldn’t pos- went out recently and conducted a poll pointees to the Supreme Court are sibly get done; that with 2 years to do of Trump voters. What did Trump vot- going to make the comically false find- it, he couldn’t get a single email out. ers think? It turns out that more than ing that nothing you can do with un- By the time of our hearing, zero of 6 in 10 Trump voters support taxing limited money could possibly ever cor- those thousands of emails had come and/or regulating the pollution that rupt American democracy or could pos- out. A judge took a look the same situ- causes global warming. In general, sibly even be seen as corrupting by the ation and said: Do it Tuesday. And Trump voters were asked: Which of American public. they are doing it. these two approaches to reducing the Of course, that is such hogwash that We have been so deliberately pollution that causes global warming right now the Supreme Court is viewed stonewalled, and it has been so pain- do you prefer? Well, 16 percent said: I by people who have been polled on this fully and plainly made clear by what don’t know; 21 percent said: Do noth- question as not likely to give a human the judge has ordered. We are not pass- ing; but 13 percent of Trump voters being a fair shake against a corpora- ing this test of how a Senate should said: Tax pollution; 18 percent said: tion. act. Regulate pollution; and 31 percent said: If I remember correctly, the numbers President-Elect Trump promised to Tax pollution and regulate pollution. were 54 to 6. In a polling group of 100, restore genuine rule of the people That adds up to more than 6 out of 10 6 Americans believe they could get a themselves. Remember, Teddy Roo- Trump voters thinking that the pollu- fair shot in the Supreme Court against sevelt’s quote that the sinister alliance tion that causes climate change should corporations and 54 believed they could between crooked politics and crooked be taxed or should be regulated or not get, as human beings, a fair shot in business has done more than anything should be taxed and regulated. the U.S. Supreme Court against a big else for the corruption of American life When you go back to the Austin v. corporation, but with the big corpora- against the genuine rule of the people Michigan State Chamber of Commerce tions at the Supreme Court, the fix was themselves. President Trump promised definition of corruption and look at the in—not a great place for the Court to to restore genuine rule to people and section that says that the policies be when by 9-to-1 American human themselves, and yet it is looking more pushed by the massive aggregations of beings think they can’t get a fair shot and more like shadowy and industry- wealth accumulated with the help of in front of that Court against a cor- funded groups will really run our gov- the corporate form want to go one way poration. ernment. and the public wants to go another way They did deliver, and they delivered This is a test also for the rest of cor- and the corporate powers’ views have Citizens United and opened the flood- porate America. A lot of corporate little or no correlation to the public gates. The next thing out there was America has good climate policy. Most support for the corporation’s political groups like Americans for Prosperity, of corporate America has good climate ideas, well, heck, we know Democrats the front group for the Koch brothers, policy, but when are they going to support doing stuff about climate Donors Trust, which launders away the stand up about an EPA Administrator change. identity of big corporations like who is the minion of the fossil fuel in- It turns out Trump voters do too. ExxonMobil, and all of these other dustry? What will Coca-Cola say to the The public is actually happy to get front groups we looked at earlier, and Georgia Senators? What will Walmart something done. It is this mess that is they are spending immense amounts of ask of its Arkansas Senators? What stopping us. It is groups that spend $700 money. The result is, if there was a will VF Corporation urge its North million in a single election to influence heartbeat of activity on climate Carolina Senators to do? How will Rio Congress that is the problem, not the change with Republicans before Citi- Tinto advise its Senators from Ari- American public. zens United, it has been a flat line zona? All these companies have taken Teddy Roosevelt described corruption since. That has been the story behind important stands on global warming. this way. He described corruption as a this. Why not now? sinister alliance between crooked poli- Not only has dark money poisoned Let’s talk about the due diligence tics and crooked business, which he our conversation about climate change, that a nomination like this should get, said has done more than anything else this guy actually ran his own dark particularly the due diligence about for the corruption of American life money operation. His Rule of Law De- climate change that the present ur- against the genuine rule of the people fense Fund, a 501(c)4 organization that gency demands. I wondered what due themselves. does not disclose its donors have been diligence my colleagues have done to

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.161 S16FEPT2 S1338 CONGRESSIONAL RECORD — SENATE February 17, 2017 assess the reality of climate change be- a downwind State. We have had bad air Chairman BARRASSO could go to the fore making this fateful and foul vote. days where little kids and seniors and University of Wyoming, where he The fossil fuel fox is on its way to the people with breathing difficulties are would find the University of Wyoming henhouse now, and I challenge the col- supposed to stay indoors in the air con- Center for Environmental Hydrology leagues who will have put him there: ditioning, not go outside. We are seeing and Geophysics reporting: ‘‘Many of Have you gone to your home State uni- warming rising, acidifying seas along the most pressing issues facing the versity for a briefing on climate our shores, hurting our fishermen, western United States hinge on the science to understand what your own causing those families to lose those fate and transport of water and its re- universities are teaching? coastal homes I showed. sponse to diverse disturbances, includ- This nominee, Mr. Pruitt, never had. And the hits are just going to keep ing climate change.’’ When we met in my office, he didn’t on coming. A child born today at He would find University of Wyoming even know who Berrien Moore was. Women & Infants Hospital in Provi- scientists publishing articles on ‘‘The Berrien Moore is the dean of the Col- dence, RI, can expect to see upward of effects of projected climate change on lege of Atmospheric and Geographic 9 feet of sea level rise raging on Rhode forest fires’ sustainability’’ and the Sciences at the University of Okla- Island shores in her lifetime, according University of Wyoming awarding uni- homa. He is a nationally renowned cli- to the University of Rhode Island and versity grants to study the effects of mate scientist. Before this nominee our State agencies. climate change on pollinators, on and I met in my office, for all this Well, it seems to me the least a water flow, on beaver habitat, and on nominee’s years of litigation against downwind State like Rhode Island whitebark pine growth, all work being doing anything about climate change, might expect is some modicum of due done sincerely at the University of Wy- he had never bothered to go to his own diligence by colleagues who are block- oming on climate change. University of Oklahoma and find out ing action on this subject. At the Uni- Next down the line, we come to Sen- from there, his home State expert, versity of Rhode Island, the due dili- ator INHOFE of Oklahoma. The senior what climate change was, how it gence is very clear. URI is working Senator from Oklahoma could also go, worked, and what it meant. Why not? with Rhode Island fishermen to help of course, and consult Dean Moore of The most logical answer is because he predict the harm from warming and the College of Atmospheric and Geo- didn’t care to know. He had already acidifying seas and figure out what graphic Sciences at the University of chosen sides and had been richly re- that means for our fisheries and our Oklahoma. But if he really wanted to warded for doing so, although we don’t agriculture. dig in, he could also go over to Okla- know exactly how richly, since his The Senator is from a State that has homa State and get an update from dark money operation is still a secret, very distinguished fishing and agri- Oklahoma State Professor Riley protected by the Senate Republicans culture himself, and I am sure his Dunlap, who has written in a peer re- who are shoving this nomination home State universities are doing simi- view and scientific journal: ‘‘Climate through. lar research. science has now firmly established that Here is what Mr. Pruitt would have URI and our State agencies are drill- global warming is occurring, that found out if he had bothered to go to ing down to generate fine local data on human activities contribute to this the University of Oklahoma to ask the sea level rise and storm surge, and we warming, and that current and future dean about climate change. The dean of are starting to be able to predict, with warming portend negative impacts on the University of Oklahoma’s College specificity, which homes are likely to both ecological and social systems.’’ of Atmospheric and Geographic be lost in storms, which roads will be- ‘‘Portend negative impacts on both Sciences has said: ‘‘On the increasing come inaccessible in coming decades, ecological and social systems’’—that is strength of earth sciences, we can now what plan B is necessary to get emer- science-ese for it is going to hurt peo- state that global warming is ‘unequivo- gency services to communities when ple, as we Rhode Islanders already see cal.’ ’’ flooding bars the way, and what water all too plainly. The fact that the planet’s warming and sewer and other public infrastruc- Oklahoma State’s Professor Dunlap and the fact that CO2 is a greenhouse ture is at risk. These are all now the goes on to write something more. How- gas and the fact that it is increasing in daily questions of Rhode Island coastal ever, he goes on to say: the atmosphere and that increases in life, thanks to climate change, and our There has been an organized the atmosphere due to humans—about University of Rhode Island is at the ‘‘disinformation’’ campaign . . . to generate those things? There is no debate. forefront of studying that. skepticism and denial . . . to ‘‘manufacture He has said: Of course, URI is not alone. You can uncertainty,’’ . . . especially by attacking climate science and scientists. We know precisely how fast CO2 is going up go to every State university and find in the atmosphere. We have made a daily climate change concerns. They just un- Wow. Huh? measurement of it since 1957. We have ice- derstand this stuff. They are not actu- And he goes on: core data before that. ally just learning climate science, they This campaign has been waged by a loose He continued: are teaching about climate change. It coalition of industrial (especially fossil We know without any question, that it has is astonishing that Senators from fuels) interests and conservative foundations increased almost 40 percent since the indus- those States will not listen to what and think tanks— trial revolution, and that increase is due to their own universities teach. Look at that. He seems to be agree- human activity primarily fossil-fuel burning. Let’s call the Republican roll of the ing with Dr. Brulle at Drexel Univer- Those are the words of the dean at Environment and Public Works Com- sity— the University of Oklahoma, who is the mittee, all of whom voted to suspend that utilize a range of front groups and expert in this subject. And Mr. Pruitt the committee rules to jam this fossil Astroturf operations [to manufacture that had never bothered to actually ever fuel industry minion through to the uncertainty]. ask him. The fossil fuel industry had Senate floor as Administrator of the That is the research that Senator told him all he needed to know, and EPA, notwithstanding the black hole INHOFE would find at Oklahoma State. that is going to be a continuing prob- of secrecy around his dark money deal- That organized disinformation cam- lem with him as EPA Administrator. ings with the polluting fossil fuel in- paign that Professor Dunlap reports on I thought to myself, have any of the dustry, and notwithstanding his years and the massive political muscle oper- Senators on the Environment and Pub- of stonewalling dozens of Open Records ation that supports it explains a lot of lic Works Committee, who voted for Act requests, including the one that what goes on around here. And if you this nominee out of committee, done has just been ordered to be disclosed by cross-reference the entities that Pro- any better? Which Senator on that the judge today—thousands of emails. fessor Dunlap puts into that organized committee has been troubled to go for, Let’s see what our Environment and disinformation campaign, you will find say, half a day, to their own home Public Works Committee colleagues, them on the record supporting this State university and get a briefing on who cleared the way in committee for nominee. He is the nominee of the or- climate science? As I have said, this this nominee, would find at their home ganized disinformation campaign. And matters to Rhode Island because we are State universities, if they looked. that is because, behind this whole mess

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.163 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1339 of a nomination, is the fossil fuel in- Human influence and greenhouse gasses Let me repeat that again from the dustry. are the dominant causes of the increase in University of Nebraska. Let’s go back to the Environment global average temperature of the earth. The Is there debate within the scientific com- and Public Works Committee and con- impacts are observed in rising sea levels, munity with regard to observed changes in tinue down the row on the majority precipitation patterns, hydrologic regimes, climate and human activities as the prin- floods and droughts, and environmental cipal causal factor? The short answer here is side. We come next to Senator CAPITO. processes. Senator CAPITO from West Virginia no, at least certainly not among climate sci- could go to West Virginia University, He continues. entists; that is, scientists who have actual We must reduce our carbon footprint and expertise in the study of climate and climate where the Mountaineers could show her change. their mountain hydrology laboratory, take the necessary steps to reduce our vul- nerability to future climate change impacts. The University of Nebraska goes on. which tells us, ‘‘Climate change has important implications for manage- From the University of Mississippi. For more than a decade, there has been broad and overwhelming consensus within ment of fresh water resources.’’ These Also, at Ole Miss, anthropology pro- fessor Marcos Mendoza warns that ‘‘cli- the climate science community that human- include, ‘‘that the highlands region in induced effects on climate change are both the central Appalachian Mtns. is ex- mate change is the greatest environ- very real and very large. mental threat facing global society in pected to wet up.’’ As warmer air, As to scope of those effects, the Uni- the 21st century.’’ Let me say that which carries more moisture, leads to versity of Nebraska warns: what West Virginia University is call- again—from Ole Miss. ‘‘Climate change is the greatest environmental threat The magnitude and rapidity of the pro- ing ‘‘intensification of the water jected changes in climate are unprecedented. cycle,’’ the laboratory warns that, ‘‘the facing global society in the 21st cen- The implications of these changes for the implications of this intensification are tury.’’ But the fossil fuel machine is health of our planet and the legacy we will immense.’’ going to see to it that we put a climate leave to our children, our grandchildren, and West Virginia University’s Wildlife denier into the EPA Administrator’s future generations are of vital concern. Conservation Lab publishes regularly seat. The University of Nebraska has even on climate change effects, and one of So let’s stay in Mississippi and go published what it calls ‘‘Key Climate West Virginia University’s climate sci- over to Mississippi State University, Change Data for Nebraska.’’ This is the entists, Professor Hessl, has been rec- where several professors contributed to list: ognized by West Virginia University as the American Society of Agronomy’s Temperatures have risen about 1 de- West Virginia University’s Benedum report, ‘‘Climate Change and Agri- gree Fahrenheit since 1895; frost-free Distinguished Scholar. West Virginia culture: Analysis of Potential Inter- season has increased 5 to 25 days since University even sends people all the national Impacts.’’ The forward to that 1895; very heavy precipitation events way to China to study climate change. volume states that ‘‘the threat of glob- have increased 16 percent in the Great Some hoax. al climate change due to anthropogenic Plains Region; projected temperature Onward. My friend, Senator BOOZ- modification of the atmosphere—the increase of 4 to 5 degrees Fahrenheit, MAN, is next in the line. His home State so-called greenhouse effect—could po- low-emissions scenario, or 8 to 9 de- University of Arkansas has actually tentially be one of the major environ- grees Fahrenheit, high-emissions sce- signed onto both the first and second mental problems of our time.’’ nario, by 2100; projected summer of 2100 university president’s climate commit- Down on the gulf, all three Mis- will have 13 to 25 days over 100 degrees ments. And the University of Arkansas sissippi universities are working to- Fahrenheit; number of nights over 70 has undertaken what it calls an aggres- gether with Sea Grant, on what they degrees Fahrenheit will increase by 20 sive and innovative Climate Action call a climate team to assess ‘‘the risk to 40 by 2100; soil moisture is projected Plan to reduce greenhouse gas emis- of environmental, economic, and soci- to decrease 5 to 10 percent by 2100; re- sions and help prevent climate change. etal impacts from rising sea levels and duced snowpack in Rocky Mountains The University of Arkansas explains storm surges.’’ My friend who is pre- equals reduced streamflow in our riv- the need to reduce greenhouse gases, siding knows well the effects in the ers; increasing heavy precipitation particularly including carbon dioxide gulf. When you are looking at the risk events; increasing flood magnitude; in- and methane. It is because these gases’ of environmental, economic, and soci- creasing drought frequency and sever- ‘‘absorption of solar radiation is re- etal impacts from rising sea levels and ity. sponsible for the greenhouse effect.’’ storm surges, you have something in That is the University of Nebraska’s Explaining further, the University of common with Rhode Island as well. list of coming attractions to Nebraska Arkansas describes that the green- Let’s go on to Nebraska from where from climate change. house effect ‘‘occurs as these gases are Senator FISCHER hails. The University On to Kansas, where Senator MORAN trapped and held in the Earth’s atmos- of Nebraska has published extensive re- would learn from Kansas State Univer- phere, gradually increasing the tem- ports on what they call ‘‘Climate sity about climate change’s effects on perature of the Earth’s surface and air Change Implications for Nebraska.’’ agriculture in his home State. Kansas in the lower atmosphere.’’ One University of Nebraska report State University Professor Charles A University of Arkansas scientist leads with this blunt sentence: ‘‘Cli- Rice, Distinguished Professor of Agron- predicts ‘‘that the spread of plant spe- mate change poses significant risks to omy, working with the National cies in nearly half the world’s land Nebraska’s economy, environment, and Science Foundation is using ‘‘climate modeling tactics to predict the effects areas could be affected by global warm- citizens.’’ Well, Nebraskans, it turns of climate change in the Great Plains, ing by the end of the century.’’ out, agree. The University of Nebraska On down the EPW row is my friend and to develop adaptation and mitiga- has published research that ‘‘most ROGER WICKER from Mississippi. Down tion strategies for agriculture in the rural Nebraskans believe the state in Mississippi, the University of Mis- region,’’ to help meet what Kansas should develop a plan for adopting to sissippi, Ole Miss, actually has an Of- State calls ‘‘one of the grand chal- climate change, as do 58 percent of Ne- fice of Sustainability. The Ole Miss Of- lenges of the 21st century: evaluating braskans 65 and older.’’ fice of Sustainability is there ‘‘to fur- and predicting the biological and eco- So even the elder Nebraskans by 58 ther the university’s efforts to combat logical consequences of accelerating percent believe it, and nearly 70 per- global climate change.’’ global climate change.’’ Believe it or not, Ole Miss is another cent of young Nebraskans, from 19 to 29 Kansas State brought the executive signatory to that University Presi- years old. On the science, the Univer- director of agricultural giant Cargill to dents’ Climate Commitment just like sity of Nebraska reports the following: talk about climate change. News re- Arkansas. It is moving toward net zero Is there debate within the scientific com- ports describe what the Cargill execu- greenhouse gas emissions. By the way, munity with regard to observed changes in tive stated; that ‘‘climate change is climate and human activities as the prin- so is the University of Southern Mis- cipal causal factor? The short answer here is real and must be addressed head-on to sissippi. The director of the University no, at least certainly not among climate sci- prevent future food shortages.’’ Spe- of Mississippi’s Center for entists; that is, scientists who have actual cifically, the Cargill executive said Hydroscience and Engineering explains expertise in the study of climate and climate that ‘‘U.S. production of corn, soy- why this matters. change. beans, wheat, and cotton could decline

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.164 S16FEPT2 S1340 CONGRESSIONAL RECORD — SENATE February 17, 2017 by 14 percent by mid-century and by as Iowa farmers. This is not just about nomenon will have on Alaska’s marine much as 42 percent by late century.’’ the distant future,’’ he said. Iowa State ecosystems.’’ This is a senior corporate executive in has published extensive reach and I Alaska’s seafood industry is an enor- one of our leading agricultural compa- will just quote the title of it. ‘‘Global mous asset to Alaska’s economy, and it nies, warning of a 14-percent decrease Warming: Impact of climate change on depends on Alaska’s marine eco- in these essential crops by midcentury, global agriculture.’’ Iowa State’s pres- systems. Well, the University of Alas- and as much as a 42-percent decrease tigious Leopold Center views climate ka’s Ocean Acidification Research Cen- by late century. change not merely as warming, but as ter warns that ocean acidification ‘‘has From an agricultural standpoint, the a ‘‘worsening destabilization of the the potential to disrupt this industry executive said, ‘‘We have to prepare planet’s environmental systems.’’ from top to bottom’’—‘‘to disrupt this ourselves for a different climate than Climate change is not just warming, industry from top to bottom.’’ we have today.’’ Maybe that is why it is a ‘‘worsening destabilization of The Ocean Acidification Research Kansas State calls evaluating and pre- the planet’s environmental systems’’ Center identifies the culprit of this dicting the biological and ecological and yet the good Senator voted to phenomenon as ‘‘the transport of CO2 consequences of accelerating global cli- move this climate-denying industry from the atmosphere into the ocean.’’ mate change one of the grand chal- tool forward to be our EPA Adminis- Indeed, as we have loaded up the at- lenges of the 21st century. trator. mosphere with more and more CO2 Let’s head out to South Dakota, A worsening destabilization of the emissions from the burning of fossil where Senator MIKE ROUNDS would planet’s environmental systems, they fuels, the ocean has actually absorbed hear from South Dakota State Univer- call it, that will create ‘‘an aggravated chemically about a third of that CO2. sity about climate change on the Da- and unpredictable risk that will chal- In addition to all that heat I men- kota Plains. South Dakota State’s lenge the security of our agricultural tioned earlier that the ocean had ab- Leffler Lab calls climate change ‘‘the and biological systems’’—‘‘aggravated sorbed—more than 90 percent of the signature challenge of the 21st cen- and unpredictable risk that will chal- added heat—it actually absorbed one- tury.’’ So let’s bear in mind, we have lenge the security of our agricultural third of the carbon dioxide. Of course, the Kansas State University calling and biological systems.’’ when carbon dioxide interacts with climate change ‘‘one of the grand chal- That is Iowa State talking. They seawater, there is a change that takes lenges of the 21st century.’’ We have conclude: ‘‘The scientific evidence is place. South Dakota State’s Leffler Lab call- clear that the magnitude of the Indeed, why don’t we see about doing ing climate change the ‘‘signature changes ahead are greater, the rate a demonstration of that change. It will challenge of the 21st century.’’ We have much faster, and [the] duration of cli- take a minute to get that organized. an EPA nominee who is a climate matic destabilization will last much While we are getting that organized, change denier, wrapped so tight with longer than once thought.’’ let me continue. the fossil fuel industry, you can’t tell Now we come to the end of the row of Here is a description—thank you to where one ends and the other begins, the Republicans on the Environment the University of Maryland for the and he has the support of the Senators and Public Works Committee. graphic—of how atmospheric carbon di- from Kansas and South Dakota. As an Alaskan, Senator DAN SUL- oxide turns the ocean acidic. It is a riddle. South Dakota State LIVAN would get double barrels from When you add additional CO2 to the scientists are not just saying that cli- the University of Alaska, first about atmosphere, at the surface, where it mate change is the signature challenge climate change and second about ocean meets the sea, there is a chemical ex- of the 21st century, they are out study- acidification. change, and the CO2 can be absorbed by ing climate change around the globe. ‘‘Alaska is already facing the im- the ocean. As I said, one-third of it has From the Upper Ghanaian forests of pacts of climate change,’’ the Univer- been. That dissolved carbon dioxide West Africa to the West Antarctica ice sity of Alaska reports. joins with the water chemically, and it sheet. South Dakota State University This question of ‘‘facing the impacts creates carbonic acid. The carbonic Professor Mark Cochrane is working of climate change’’ matters enough to acid, in turn, creates bicarbonate ions, with the U.S. Forest Service to deter- the University of Alaska that, on glob- hydrogen ions, and carbonate ions, and mine ‘‘how a changing climate impacts al warming, the university has stood those ions interfere with the makeup of forest ecosystems’’ and reported that up the Alaska Climate Science Center. marine creatures, which make their ‘‘forest fire seasons worldwide in- The Alaska Climate Science Center has shells out of free carbon in the oceans, creased by 18.7 percent due to more been established to help understand and some of those effects are pretty ap- rain-free days and hotter tempera- ‘‘the response of Alaska’s ecosystems parent. tures.’’ to a changing climate.’’ This is the shell of an ocean creature The South Dakota State University The Alaska Climate Science Center called a pteropod. It is at the base of a News Center has reported that season- of the University of Alaska is charting great deal of the ocean food chain. shifting climate changes ‘‘are all being the recordbreaking, year-over-year There are studies off the northwest affected by warming from an increase warming in Alaska, analyzing tempera- coast that show that more than 50 per- in greenhouse gases due to human ac- ture trends, and receiving awards for cent of this creature have experienced tivity’’—‘‘all being affected by warm- ‘‘modeling and evaluating climate what the scientists who them caught ing from an increase in greenhouse change impacts in the Arctic.’’ them and studied them called severe gases due to human activity.’’ ‘‘One thing for sure,’’ the center says, shell damage. Here is what happens South Dakota State University even is that the climate ‘‘will continue to when you expose them to high con- brought in Harvard Professor and change as a result of various natural centrations of acidified seawater, high- ‘‘Merchants of Doubt’’ author Naomi and anthropogenic forcing mecha- er than usual. That is what it looks Oreskes, saying that her work ‘‘has nisms.’’ like day 1. That is a healthy shell. Fif- laid to rest the idea that there is sig- Then there is the other climate teen days later, it is starting to gray. nificant disagreement in the scientific change punch coming at Alaska, from Thirty days later, beyond just starting community about global warming.’’ the sea. In addition to its Alaska Cli- to gray, it is starting to actually come Somebody needs to translate between mate Science Center, the University of apart. And by 45 days, the shell is a South Dakota State University and Alaska is serious enough about this to wreck. That is not an animal that is this EPA nominee. have also stood up an Ocean Acidifica- capable of surviving. So on we go to Iowa, continuing down tion Research Center to address what So let’s see how this works. This is a the Environment and Public Works Re- it calls ‘‘growing concerns over in- glass of water, and I have just put 20 publican roster, where Senator JONI creased acidity in the ocean and the drops of a pH test into it. That shows ERNST could hear from an Iowa State impacts this phenomenon will have on what the acidity is of the water. As you University professor who told a United Alaska’s marine ecosystems’’—‘‘grow- can see, it has turned the water rather Nations conference not long ago that ing concerns over increased acidity in blue, which matches roughly this level ‘‘climate change was already affecting the ocean and the impacts this phe- of pH.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.166 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1341 Mr. President, I ask unanimous con- about the pteropod? I will tell you who Prepare for fisheries risk that could sent that I be permitted to continue cares about the pteropod. Salmon care shake the State’s seafood industry with this little demonstration. about the pteropod, and people care ‘‘from top to bottom.’’ That is Alaska. The PRESIDING OFFICER (Mr. KEN- about the salmon, and Alaska has a Right down the row of Republican NEDY). Without objection, it is so or- pretty good salmon fishery. The Pacific Senators who voted for this climate de- dered. Northwest has a pretty good salmon nying nominee, you have home State Mr. WHITEHOUSE. Mr. President, fishery. If you drop out the pteropod universities that say the opposite, that this is a very simple bubbler that any- from the bottom of the oceanic food say that it is real, that it is beyond sci- body with an aquarium will recognize. chain because it can’t grow because the entific debate at this point, that its ef- All you simply do is you put the bub- ocean has acidified, there is a big col- fects are here, that its effects are wors- bler in. I produce carbon dioxide as I lapse to take place. ening, and that it is going to shake in- exhale. So I am exhaling one breath As scientists would say, the upper dustries like the fishing industry from into this same glass. I will do one trophic levels fall as the lower trophic top to bottom and create significant more. It was not even a full breath, but levels collapse. So this is serious. risk and disturbances in agriculture. there it is. As I went through all these different But not one of those Senators stood up It used to match that color; do you Republican Environment and Public against the nominee who is the shame- remember? Now look at what color it Works Committee Senators’ home less tool of the industry that is causing matches. Just breathing carbon dioxide State universities, maybe you could all that harm. through the water has changed its pH say that all those home State univer- So I have to ask, how does that end? and has made it more acidic. sities are part of the climate change If you listen to what all your home I can do that right here with a hoax that our President is so pleased to State universities are saying, this is a breath. It is happening on a global tweet about. pressing and immense grand challenge. scale, as the interaction between the If so, my colleagues really ought to This greatest environmental threat—it atmosphere and the oceans transports call their home State universities out doesn’t go away. This is truth meas- about that. If they think their home CO2 into the oceans. When that hap- ured by science, God’s and nature’s pens, the same chemical effect that we State universities are in on a hoax, I truth, and truth always demands a modeled here takes place, and the think it wouldn’t be right, and they reckoning. oceans become more acidic, and the ef- ought to call out their home State uni- If we listen only to the fossil fuel in- fects continue to be damaging. versities. If the home State univer- dustry as it lies and prevaricates and The previous shell that I showed was sities are part of a big old hoax, say so. propagandizes and disassembles and the pteropod, a humble creature, but Say so. But if all of my Republican col- does all its nonsense to protect its all- an important creature in the food leagues’ home State universities right important right to pollute for free, how chain. It is actually called the ocean down the line on the Environment and do we expect this turns out in the end? butterfly by some because its snail foot Public Works committee aren’t in on a Do you think these acidifying shells has been transformed by God’s law of hoax, if what they are doing is good give a red hot damn what a fossil fuel evolution into an oceanic wing that al- science, why not listen to them? Why industry lobbyist says? They are re- lows it to fly in the seas. not listen to them? What is the dark sponding to laws of chemistry and na- This is an oyster. The Senator’s star in this firmament that causes the ture that we don’t get to repeal or State of Louisiana does a lot of work real science from the home State uni- amend. with oysters, as does Rhode Island. versities of these Senators to warp and Let me make one last point in clos- twist around as it comes to this body? Again, exposing oyster larvae to ocean ing, as I saw Senator CARPER here, our water with heightened levels of acid- What is the power? What is the force distinguished ranking member, and I ity—day 1, day 2, day 4, and then we that is causing every single one of am sure he wants to speak. see exposure to acidity. Here is what a these home State universities to be ig- Our Republican friends claim to sup- healthy larva looks like; here is what nored by their home State Senators? port market economics. They are big one exposed looks like. Here is what Let me go back and review very on how you have to trust the market. the healthy one looks like; here is briefly what they said. Home State You shouldn’t regulate. Markets are universities of the Republican Senators what the exposed one looks like. Here the way to go. Market economics is the on the Environment and Public Works is a healthy one; here is one exposed. most efficient tool for allocating re- Committee warn of ‘‘pressing issues’’ You will see that the healthy larva is sources. Market economics are how we related to climate change. That is Wy- growing day after day. It is getting big- create wealth. Actually, I agree. So ger. It is going to become an oyster. oming—pressing issues. Assert that the science of climate let’s look at market economics. Somebody is going to have a great oys- What I believe and what economists change is ‘‘unequivocal,’’ ‘‘without any ter stew some day with that oyster say on all sides of the political spec- question.’’ That is from Oklahoma. with any luck. Foresee ‘‘immense’’ implications re- trum is that it is market economics 101 This one is shrinking and deforming, lated to climate change. That is West that for the market to work, the harm and the reason is that the little crea- Virginia. of a product has to be built into the ture is trying to take the carbon out of Making anti-greenhouse gas ‘‘climate price of a product. the ocean to make its shell—the cal- commitments’’ to fight climate The fossil fuel industry, the dark star cium. And because of those ions that I change. That is the University of Ar- of our politics, absorbing and bending pointed out, it is bound up, and they kansas. all of this home State information, ab- can’t get it. So they deform this way. Warn that ‘‘climate change is the sorbs and bends even conservative mar- When you are at a point where more greatest environmental threat facing ket principles so that they disappear than 50 percent of ocean pteropods are global society.’’ That is Mississippi. here in Congress, at least wherever experiencing severe shell damage, if Find the ‘‘significant risks’’ from cli- those principles conflict with what ap- you are not paying attention, you are mate change to be ‘‘of vital concern.’’ pears to be our first principle: the well- going to take a big punch. That is Nebraska. That is the one that being and the power of the fossil fuel Now I know around here we don’t had the hit list of coming attractions industry. give a darn about God’s creatures as from Nebraska of climate change The fact that Senators do not hear or being God’s creatures. I probably sound Describe climate change as ‘‘one of do not care about this science from funny to some people talking about a the grand challenges of the 21st cen- their home State universities tells you funny little creature in the ocean tury.’’ That is Kansas. all you need to know about the brute called a pteropod. The things we care Call climate change ‘‘the signature political force of the fossil fuel indus- about here are things that we can mon- challenge of the 21st century.’’ South try here in Congress. etize because this is Mammon Hall. Dakota. (Mrs. ERNST assumed the Chair.) This is the temple where gold rules. Predict ‘‘aggravated and unpredict- Let me go back just a moment to These little creatures are a little bit able risk’’ from climate disruption. something I said earlier, since we have away from the gold. But who cares That is Iowa. been joined by the Senator from Iowa

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.167 S16FEPT2 S1342 CONGRESSIONAL RECORD — SENATE February 17, 2017 at this fine early hour in the morning. science of climate change is irrefutable transition to be successful in the House Just before she arrived, I was talking and our failure to act will have con- of Representatives, and he tried very about Iowa State. Since she is here, I sequences that are catastrophic and ir- much to help me be successful as a new will go back to those remarks and to reversible.’’ President Trump’s words, Governor. the Iowa State University professor not mine. I, actually, went to something called who told a United Nations conference I yield the floor. the New Governor’s School, hosted by not long ago that climate change is al- Mr. CARPER. I suggest the absence Roy Romer, who was then the chair- ready affecting Iowa farmers. ‘‘This of a quorum. man of the National Governors Asso- isn’t just about the distant future,’’ the The PRESIDING OFFICER. The ciation—a wonderful guy. We were in Iowa State scientist said. clerk will call the roll. the New Governor’s School out in Colo- I noted that Iowa State has published The legislative clerk proceeded to rado, the newly elected Governors of extensive research on, and I quote Iowa call the roll. 1992—Democrats and Republicans, in- State University here, ‘‘global warm- Mr. CARPER. Madam President, I cluding people like George W. Bush, ing, the impact of climate change on ask unanimous consent that the order Tom Ridge, and the list goes on. If I global agriculture.’’ for the quorum call be rescinded. had had more sleep, I could remember Iowa State has a center called the The PRESIDING OFFICER. Without every one of them. It was just wonder- Leopold Center, which perhaps the Pre- objection, it is so ordered. ful. Mike Levin, who later became the siding Officer can confirm is a fairly Mr. CARPER. Madam President, head of the EPA, was one of them. prestigious institution within the Uni- good morning to our pages and mem- We learned a lot at the New Gov- versity of Iowa. Iowa State’s Leopold bers of our staff, some of whom have ernor’s School about how to set up and Center ‘‘views climate change not been up all night. establish an administration, how to merely as warming, but as a worsening I just walked over here from my of- put together an administration. Mike destabilization of the planet’s environ- fice in the Hart Building and, along the Castle, Delaware’s Governor, was part mental system.’’ way, I ran into the Capitol Police and of the faculty, if you will, of current I hope the distinguished Senator others who are putting in a long day Governors who mentored us in the New from Iowa will review Iowa State’s and a long night. I, on behalf of all of Governor’s School, and it was a bless- view that this worsening destabiliza- us, want to express my thanks to them. ing in my life. tion of the planet’s environmental sys- I have said this on several occa- I asked Governor Castle, as we were tem will create, and I quote Iowa State sions—that I take no joy in going going through that transition, to sort University again, ‘‘aggravated and un- through a chapter like we are going of walk me through his own cabinet predictable risks that will challenge through tonight. and to suggest who might want to stay, the security of our agricultural and bi- I come from a State on the east coast who might be interested in staying on ological systems’’ and consider their where we get along pretty well. Demo- in a new administration—in my admin- conclusion: ‘‘The scientific evidence is crats and Republicans sort of like each istration—and who, maybe, who would clear that the magnitude of the other. They tend to be mainstream, not. It ended up, when I nominated changes ahead are greater, the rate both on the Democratic side and on the people to serve in my cabinet, that much faster, and the duration of the Republican side. We have something there were several there who had actu- climatic destabilization will last much called the Delaware way, and it is sort ally served in his. We had mostly longer than once thought.’’ of based on the three C’s—commu- Democrats. I am a Democrat. But there Let me close, while we wait for Sen- nicate, compromise, and collaborate. were some Republicans as well. Below ator CARPER, who is nearby, with my This is what we do. We have done it for the cabinet level, we had division di- final exhibit. a long time, and it seems to work for rectors, and we kept almost all—not all This is a page from the New York us. Hopefully, when we get through but almost all of the division directors Times in 2009. It is a full-page ad that this chapter—when we get through the we asked to stay, too. was taken out in the New York Times nomination process—we will be able to For 8 years as Governor of Delaware, in 2009, and it reads: get back to the three C’s. I would nominate people to serve in ei- Dear President Obama and the United I have the privilege, as the Presiding ther cabinet positions or on the judici- States Congress, tomorrow leaders from 192 Officer knows, that when I got out of ary or at other posts; but, for 8 years, countries will gather at the U.N. Climate the Navy I moved to Delaware, and I we batted 1,000. The State executive Change Conference in Copenhagen to deter- had an opportunity to serve in a couple committee was terrific in approving mine the fate of our planet. As business lead- of different roles—as the treasurer, as a people, confirming people to serve in ers, we are optimistic that President Obama Congressman, and then as the Gov- is attending Copenhagen with emissions tar- these roles. It was not like I just gets. Additionally, we urge you, our govern- ernor for 8 years. In my time as Gov- rushed things—here is who we are ment, to strengthen and pass U.S. legislation ernor, according to laws and the con- nominating. Go pass them. and lead the world by example. We support stitution of Delaware, the Governor That is not the way they worked. I your effort to ensure meaningful and effec- nominates people to serve as cabinet asked them for their ideas. We solic- tive measures to control climate change, an members, as members of the judiciary, ited their ideas, not just for the cabi- immediate challenge facing the United and on a lot of boards and commis- net but, also, for the judiciary. States and the world today. Please don’t sions. At the end of the day, it was my role postpone the earth. If we fail to act now, it During those 8 years that I was privi- to actually nominate people, and it was is scientifically irrefutable that there will be leged to serve as Governor, the legisla- their role to provide advice and con- catastrophic and irreversible consequences for humanity and our planet. ture was split—the House was Repub- sent, and they did—a little bit before Please allow us, the United States of lican, and the Senate was Democrat. but, certainly, throughout the nomi- America, to serve in modeling the change When it came time to nominate mem- nating process. It worked pretty well. necessary to protect humanity and our plan- bers of my cabinet, my predecessor was It worked pretty well for our State, et. Governor Mike Castle, as the Senator and I am proud of the 8 years that our That is the text of this advertise- from Rhode Island knows. He was a administration worked with the legis- ment in the New York Times in 2009. moderate Republican, and he had been lature and with nonprofit commu- And guess who signed it. Donald J. our Governor, and before that our nities, the faith community, and the Trump, chairman and president; Don- Lieutenant Governor. He was a State business community with what we ac- ald J. Trump, Jr., executive vice presi- legislator and a very successful attor- complished. dent; Eric F. Trump, executive vice ney. When I was elected Governor, he I was trained as a leader from the age president; Ivanka M. Trump, executive was elected Congressman. So we lit- of 12, and our Presiding Officer was vice president; and the Trump Organi- erally traded places. He took my job in trained as a leader, probably, from zation. Congress, in the House, and I took his about the same age. We both served in I will close with the sentence from job as Governor. the military. She is a retired lieuten- this New York Times advertisement, It was really a wonderful transition, ant colonel, and I am a retired Navy signed by Donald J. Trump, that ‘‘the where I tried to help him make that captain. But I was trained that leaders

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.170 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1343 are humble, not haughty. I was trained the Environmental Protection Agency I want to take a few minutes and that leaders should have the hearts of was something that he intended to do pivot from that as background to what servants, as our job is to serve and not was the selection of a person to lead we are going to look at—some charts— be served. I was trained that we basi- the Environmental Protection Agency, in a minute. Before we do, I want to cally call on people not to do what we and he chose the attorney general of talk about why we can’t eat the fish in say but to do what we do. I believe in Oklahoma Scott Pruitt. too many places around this country. leadership by example. I was taught Scott was introduced at his con- And the reason why is because we get, that leaders don’t hold their fingers up firmation hearing before the Environ- I would say about 40 percent of our to the wind and see which way the wind ment and Public Works Committee by electricity from coal. Today it is is going, but that we should have the the two Senators from Oklahoma— maybe down to around 30, maybe 25 to courage to stay out of step when every- JAMES LANKFORD, with whom I serve 30 percent, and maybe 25 to 30 percent one else is marching to the wrong tune. on the Homeland Security and Govern- from natural gas. We get maybe 20 per- I was trained that leaders do not lead mental Affairs Committee—he is a cent from nuclear, and the rest is from by dividing folks but by uniting peo- great member—and JIM INHOFE, who is the renewable forms of energy, includ- ple—by building bridges, not walls. I our senior Republican on the Environ- ing wind and solar technology as it has was trained that leaders should be pur- ment and Public Works Committee. gotten better and better and better. veyors of hope—that we should appeal They have very high regard for Scott One of the reasons my colleagues, to people’s better angels. I was trained Pruitt. They have spoken here on the particularly on this side, have great that leaders ought to focus on doing floor with regard to him and to his concerns about the nomination of what is right, not what is easy or expe- service. When someone whose service Scott Pruitt has to do with mercury. dient, that we should embrace the and friendship I value as much as I do— As I have shared with the Senate, a re- Golden Rule—really, embody the Gold- JAMES LANKFORD and JIM INHOFE— view of Mr. Pruitt’s record yields some en Rule—by treating people the way we speak so highly of a friend and a col- troubling information about how he want to be treated, that we should league from their State, it is not easy managed the unit within his own office focus on excellence in everything we do for me, and it is not easy for the rest of in Oklahoma charged with responding and surround ourselves with the best us to oppose that nominee—their to environmental matters. Upon taking people we can find. When the team that friend. But we have done that. We have office, Mr. Pruitt essentially gutted his we lead does well, they get the credit, done that for weeks now, and we have own Environmental Protection Unit and when the team that we lead does done that now throughout this night. within the attorney general’s office. It not do so well, the leader takes the I take no joy in doing this. Having appears he abandoned his responsibil- blame. I was trained as a leader with said that, I take no joy in the fact that ities to use his office to protect the the idea that, when you know you are the levels of the seas around my little public health of Oklahomans and de- right, be sure you are right. You just State of Delaware are rising, and we clined to use his authority to hold pol- never give up. You never give up. are the lowest lying State in America, luters and bad actors accountable. Those are the leadership skills that and we see every day the vestiges of A review of Mr. Pruitt’s record yields were infused into me by my family and sea level rise. nothing that shows how he will change my faith. I was in the military for 23 I take no joy when I catch the train this behavior if he is confirmed to be years, plus 4 years as a midshipman, in the morning to come down here—I EPA Administrator. In fact, the New and it helped make me who I am. Those go back and forth every day—I take no York Times reported earlier this are, really, the leadership blocks that I joy in standing on the platform at the month, on February 5, that Mr. Pruitt bring to my job here. Wilmington train station and in look- is drawing up plans to move forward on We have had some great leaders in ing at a beautiful riverfront, which we the President’s campaign promise to this body. We could use a leadership have worked on for 20 years so as to ‘‘get rid of’’ the EPA. like I have just described at the top of transform an industrial wasteland into Just remember, the EPA does not the food chain in this country, in this something that is lovely, beautiful, and just involve clean air and clean water administration. We could use that. I, clean. Even now, with the fish that and the cleanup of hazardous waste thus far, after about one month into swim in the Christina River, we cannot sites. The implementation of the Toxic this administration, I haven’t seen eat them. In fact, from most of the Substances Control Act deals with haz- that kind of leadership that I had bodies of water in my State, we cannot ardous materials and the products we hoped for, that we had seen not that eat the fish, and that is because of the use every day. The Environmental Pro- long ago. mercury that is contained in them. It tection Agency is a huge player in the I want to commend everyone who has is not just in my State, and it is not public health of our country for not come to the floor in the last almost 20 just in our neighbors’ States—Mary- just adults like us but for young people hours on our side—the Democratic land and New Jersey. It is in the States like these pages, like my children, our side—and on the Republican side to ex- all up and down the east coast. grandchildren—all of us—our parents, plain our points of view with respect to We live in what is called the end of grandparents. The EPA is in large part the nomination of Scott Pruitt to be America’s tailpipe. A lot of emissions responsible for our being a healthier Administrator for the EPA in this that are put up into the air come from nation. country. coal-fired plants to our west—from I am a big believer in going after root When Donald Trump was running for Ohio, Indiana, Kentucky, West Vir- causes for illness and sickness, and if President, he said pretty consistently ginia, which is my native State, and you have mercury in your fish, if you that part of what he wanted to do as other States. They have, in many have bad stuff in your air, it degrades President was to degrade and, essen- cases, really tall smokestacks, and your health, and that is a big problem. tially, destroy the Environmental Pro- they put their pollution—their air It is a big problem for us in Delaware tection Agency. He didn’t just say it emissions—up through the smoke- because we spend a whole lot of money. once or twice but again and again. stacks. They go up hundreds and hun- Ninety percent of the air pollution in When he won the nomination, he said dreds of feet into the air. The air car- my State doesn’t come from Delaware. the same thing—that, if elected Presi- ries them out of their States. It carries It isn’t generated in Delaware. It is bad dent, part of his goal would be to de- the pollution out of their States, and stuff. It is air emissions that come grade and, essentially, destroy the En- where does it settle? It settles in ours. from other States. They are able to vironmental Protection Agency. When In States from Virginia on up into burn coal, get cheap electricity, and he was elected President—a couple of Maine. We live at the end of America’s because they put stuff in the air in tall days after being elected—he repeated tailpipe. smokestacks, they send it over to us. that pledge. I take no joy that, of the freshwater They end up with cheap electricity, Sometimes people may not believe fish in our State and a lot of other lower healthcare costs, and we end up what we say, but they will believe what places on the east coast and, frankly, with having to clean up our emissions we do. For me, the first clear indica- in other places around the country, dramatically, more so than we other- tion that what he said with respect to you cannot eat those fish anymore. wise would. It is expensive. So we end

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.172 S16FEPT2 S1344 CONGRESSIONAL RECORD — SENATE February 17, 2017 up with expensive electricity and also And how will he achieve this objec- In 1990, Congress had enough sci- healthcare costs that are higher than tive of weakening the Agency’s author- entific information to list mercury, as the places where the pollution is com- ity? First, by diminishing the scientific well as 188 other air toxics, such as ing from. That is just not right. basis by which the Agency makes deci- lead and arsenic, as hazardous air pol- I said earlier that I get no joy from sions. lutants in the Clean Air Act. going through this nomination battle Mr. Pruitt does not seem to value or Lawmakers at the time, including for Mr. Pruitt with my friends on the understand the science that is at the me, serving in the House of Represent- other side, but believe me I get no joy core of this Agency’s actions to protect atives, thought this action would en- from the idea that we end up with ex- public health or the important role sure our largest emitters of mercury pensive electricity in my State and EPA plays ensuring all States are and air toxins would soon be required higher health costs because other peo- doing their fair share so every Amer- to clean up. Unfortunately, it took 22 ple in other parts of our country don’t ican can breathe clean air and drink years for the EPA to issue the mercury embrace the Golden Rule, to treat clean water. and air toxic rule, which reduced mer- other people the way you want to be One area where his propensity to dis- cury and other air toxins from coal- treated. regard science is especially evident is fired powerplants, our largest source of Going back to the New York Times Mr. Pruitt’s extreme views on mercury mercury emissions in this country. article on February 5 that indicated and other air toxic pollution from elec- The EPA modeled this rule after that Mr. Pruitt is drawing up plans to tric powerplants. what was being done in the States and move forward on the President’s cam- Much of our country’s ongoing ef- required coal plants to install existing paign promise to get rid of the EPA, forts to clean up air pollution hinges affordable technology that could re- they had these landing teams in the on every State playing by the rules and duce mercury and toxic emissions by 90 course of the transition to go through doing their fair share to reduce air pol- percent. The reason the EPA ended up each of the agencies. The person who lution because the pollution generated having to go through all these proc- apparently was leading the administra- in one State does not just stay in that esses over all these years in issuing tion’s landing team into the EPA State. The air carries it across State this regulation is because Congress did called for reducing the head count at borders. Streams and rivers carry it not act in passing legislation, which we EPA. They didn’t say we are going to across State borders as well. should have done. We could have, and have a hiring freeze at the EPA. They As I said earlier, in my home State of we tried—a bipartisan effort—LAMAR didn’t say we are going to have a 1- or Delaware, we have made real strides in ALEXANDER, a wonderful Senator from 2- or 3-percent reduction. They didn’t cleaning up our own air pollution that Tennessee, and myself, and others say we were going to reduce it by 5, 10, we generate. Unfortunately, the other sought to get it done, and we were un- 15, 20, 25 percent. They said we are States to the west of us have not made able to get it done legislatively. We going to reduce the head count at the the same kind of commitment. were opposed by the utilities, and in Environmental Protection Agency by As I said a few minutes ago, over 90 the end, the EPA said enough and we two-thirds. percent of Delaware’s air pollution are going to issue this rule. I guess it is possible that whoever comes from our neighboring States. But for a lawmaker who supported this person is that heads up the landing The air pollution is not only a danger the Clean Air Act amendments of 1990, team of the EPA, maybe they don’t to our hearts and lungs and brains, it and as someone who represents a down- have pollution in their State. Maybe also costs a lot in doctor bills and hos- wind State, this rule is a long time in the air is pristine, and they can get all pital bills and in our quality of life. coming. You would not know this from the fish they want from all the other Not all, but some of this pollution is the claims in these lawsuits, but since rivers, lakes, and streams. They don’t toxic. It comes across our borders. 1990, medical professionals and sci- have to worry about toxic waste sites These toxins that are in the air get in entists have learned quite a bit about or any of that stuff. I doubt it. the food we eat as well as the air we the environmental and health impacts I think part of our job is to make breathe and build up in our bodies of mercury. sure the EPA can do their job better, without our knowledge. Those buildups The mercury emitted into the air de- but the kind of draconian changes can lead to cancer, mental impairment posits into our water. It then builds up President Trump has talked about— and, in some cases, even to death. in our lakes and rivers and streams and and when you look at the record of the Delawareans depend on the EPA to eventually makes its way into our food fellow they nominated to lead the EPA, ensure that our neighbors do their fair supply, through fish and fowl that we you get the feeling that maybe they share so we can protect our citizens. It eat. are not just talking. hasn’t always moved as quickly as we Children are most at risk, as many of There is an old saying that some- would have liked, but without the us know. Pregnant mothers who eat times people may not believe what we EPA, our State of Delaware wouldn’t the mercury-laden fish can transfer say, they believe what we do so let’s have many other options at our dis- unhealthy doses to their unborn chil- just take a look to see what Mr. Pruitt posal. dren, impacting neurological develop- has done in his own State of Oklahoma. Mr. Pruitt, however, seems to have ment of their babies. I would say there are two sides to spent a good part of his career fighting Prior to EPA’s mercury rule, the every story, and we are hearing two to dismantle the Federal Environ- Centers for Disease Control estimated sides to every story. What I am going mental Protection Agency. In my that 600,000 newborns were at risk a to do here is just draw on his own State, our neighboring States, those of year from mercury poisoning—600,000. words. us who live especially at the end of In 2012, Dr. Jerome Paulson, from the The New York Times story goes on to America’s tailpipe depend on it for American Academy of Pediatrics, testi- say that Mr. Pruitt ‘‘has a blueprint to cleaner air and cleaner water. fied before our EPW Committee, stat- repeal climate change rules, cut staff- I have a poster here. Here is a fish, ing that ‘‘there is no evidence dem- ing levels, close regional offices and not one we would want to eat. The onstrating a safe level of mercury ex- permanently weaken the agency’s reg- poster says: ‘‘Why isn’t Scott Pruitt posure.’’ ulatory authority.’’ convinced?’’ The scientists and doctors Dr. Jerome Paulson, American Acad- It continues: tell us that mercury is a harmful toxin. emy of Pediatrics, testified before our As much as anyone, Mr. Pruitt knows the Mr. Pruitt has been a part of mul- committee in 2012. Again, he said: legal intricacies of environmental regula- tiple lawsuits against the Federal envi- ‘‘There is no evidence demonstrating a tion—and deregulation. As Oklahoma’s at- ronmental protections—protections safe level of mercury exposure.’’ torney general over the last six years, he has that are offered by EPA. Many of these Our Nation’s most reputable pedi- led or taken part in 14 lawsuits against the lawsuits again are against clean air atric organization, dedicated to the EPA. His changes may not have the dramatic protections. He has fought against a health and well-being of our children, flair favored by Mr. Trump, but they could rule to reduce mercury and other air- has made clear that medical research weaken the agency’s authority even long toxic pollution in this country three shows there is no safe level of mercury after Mr. Trump has left office. separate times. exposure for our children—none.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.173 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1345 Mr. Pruitt has come to his own con- mercury fish consumption advisory and Americans deserve an EPA Adminis- clusions about mercury. despite there being 40 lakes in his own trator who believes in sound science The 2012 lawsuit that Mr. Pruitt State of Oklahoma now that have mer- and who will listen to the medical ex- joined with coal companies against the cury fish advisories, we shouldn’t perts when it comes to our health and mercury and air toxics rule stated— worry about mercury pollution from be able to strike a balance between a this is what the lawsuit said: ‘‘The our country’s largest source of emis- strong environment and a strong econ- record does not support EPA’s findings sions. That denial of facts makes no omy. I don’t believe Mr. Pruitt will be that mercury, non-mercury hazardous sense. Luckily, the courts rejected Mr. such an Administrator, which is why I air pollutant metals, and acid gas haz- Pruitt’s arguments that the mercury am asking my colleagues to join me in ardous air pollutants pose public and air toxic rules should be vacated. voting against his confirmation. health hazards.’’ Four years later, most coal plants are I see we have been joined on the floor I have to read that again. In the 2012 meeting the new standards, and we are by the Senator from Indiana. I am pre- lawsuit in which Mr. Pruitt joined with already seeing the benefits. pared to hit the pause button for a few coal companies against the mercury Just a few weeks ago, some of my En- minutes and welcome my friend. I wel- and air toxics rule, which was like 20 vironment and Public Works col- come him and thank him for his com- years in the making, finally adopted leagues and I heard from Dr. Lynn mitment, not just to the people of Indi- because Congress refused to act, said Goldman, a pediatrician and former ana but to our country and embracing these words: ‘‘The record does not sup- EPA Assistant Administrator for Toxic the Golden Rule, the idea that we have port EPA’s findings that mercury, non- Substances, about this very issue when to look out for each other. mercury hazardous air pollutant met- she said: ‘‘U.S. efforts to reduce mer- I yield the floor. als, and acid gas hazardous air pollut- cury emissions, including from power The PRESIDING OFFICER. The Sen- ants pose public health hazards.’’ plants, are benefiting public health ator from Indiana. This is not the first time Mr. Pruitt faster than could have been predicted Mr. DONNELLY. Madam President, contradicted the medical and scientific in 1990.’’ it is an honor and a privilege to be here community on mercury and the threats Great news. Dr. Goldman’s comments with my colleague from Delaware. I stand in stark contrast to the ones it poses to public health. wish to take a few moments to talk As I said, EPA took 22 years to get made in Mr. Pruitt’s latest mercury about the nomination of Scott Pruitt the coal plants to clean up the mercury lawsuit, filed just 2 months before his to be the Administrator of the Envi- confirmation hearing. In this most re- emissions. Every year that our country ronmental Protection Agency. cent lawsuit, Mr. Pruitt argued that delayed the cleanup of the emissions, I have expressed my fair share of con- the benefits of cleaning powerplant more and more mercury settled and ac- structive criticism of the EPA over the mercury emissions are ‘‘too specula- cumulated in our rivers, streams, years. I wish the Agency would work tive’’ and—again, his words—‘‘not sup- lakes, and fish. more effectively with States and stake- ported by the scientific literature.’’ I don’t know how many lakes they holders. Collaborative partnerships are Really? The lawsuit goes on to con- have in Oklahoma, but I know that in the best way to ensure that our envi- clude that it is not ‘‘appropriate and 2010, there were fewer than 20 on which ronmental policies meet our funda- necessary’’ for the EPA to regulate there were issued fish consumption mental responsibility to be good stew- mercury and other air toxic emissions. ards of the environment, while also advisories because of mercury. I know So Mr. Pruitt argued just 3 months being narrowly tailored to avoid over- last year that number more than dou- ago that it is not appropriate or nec- burdening Hoosier families and busi- bled. essary for the EPA to regulate the nesses. Every State, including Oklahoma, largest source of mercury pollution—a Teamwork is what will give us the has fish consumption advisories be- pollutant that we know damages chil- best chance at responding effectively cause of mercury. As we see here, the dren’s brains and could impact up to to emergencies like the ones facing my number under Mr. Pruitt’s watch has 600,000 newborns every year. Just 3 friends in the East Chicago neighbor- seen the mercury-caused fish months ago, Mr. Pruitt listened to the hood of West Calumet. Cooperation advisories to actually more than dou- industry instead of listening to our Na- ble in the last 6 years. tion’s pediatricians when determining with farmers, not overregulation, is In 2012, Dr. Charles Driscoll from what is good for our children’s health. how we keep nutrients and inputs in Syracuse University—one of the lead- Just 3 months ago, Mr. Pruitt sided the field and improve water quality. If confirmed, I hope Scott Pruitt will ing mercury scientists in the world— with coal companies instead of our testified before our committee. Dr. leading scientists. Just 3 months ago, focus on improving the EPA’s working Driscoll told us that because of the Mr. Pruitt argued that States should relationship with State partners and long-term emissions of mercury from be on their own when it comes to deal- all stakeholders as the Agency engages coal plants, there are—his words— ing with toxic pollution that crosses in its mission to protect our environ- ‘‘hotspots and whole regions, such as State borders. ment. That is an issue I have been the Adirondacks, the Great Lakes re- In Mr. Pruitt’s confirmation hearing, working on for years, and I will con- gion of the Midwest and large portions I asked about these lawsuits and his tinue to do so. I cannot, however, sup- of the Southeast, where the fish is con- views on regulating mercury and air port Scott Pruitt’s nomination to lead taminated with mercury.’’ toxics from powerplants. He was eva- the EPA. He went on to say: ‘‘There are more sive and misleading, I believe, in his When I think of who should lead the fish consumption advisories in the U.S. answers and claimed his lawsuits were EPA, given all the Hoosiers who are for mercury than all contaminants merely about process. Process. impacted by the rules and policies de- combined.’’ Well, let’s be perfectly clear. Mr. veloped by this Agency, I think of how Instead of agreeing with leading sci- Pruitt’s lawsuits are trying to under- we are all dependent on clean air and entists on this issue, Mr. Pruitt has mine a rule that protects the health of water, but I also think of the last time come to a different conclusion. our children and our grandchildren. His an EPA Administrator visited my I think we have a poster that speaks extreme views on mercury pollution home State. It was in 2013, in a cold to this. clearly show Mr. Pruitt believes that barn in Whiteland, IN, when then-Ad- Mr. Pruitt’s 2012 lawsuit with the Americans have to make a choice be- ministrator Gina McCarthy visited coal companies against EPA’s mercury tween having a strong economy and a with me and a number of my good protection stated: safe, clean environment. I think this is friends—Hoosier farmers from across The record does not support EPA’s finding a false choice. We can have both, and the State. It was the morning after the that mercury . . . poses public health haz- indeed we must have both. EPA had announced drastic cuts to the ards. . . . Human exposure to His extreme views on mercury pollu- renewable fuel standard—not an ideal methylmercury resulting from coal fired tion also show that Mr. Pruitt will side time to be Administrator of the EPA in EGUs is exceedingly small. with polluters over science and doc- a barn with a group of Hoosier farmers. Mr. Pruitt argued that, despite the tors—maybe not every time, but way That morning, farmers told the story fact that every State has at least one too often. of how important the renewable fuel

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.174 S16FEPT2 S1346 CONGRESSIONAL RECORD — SENATE February 17, 2017 standard is to rural economies and our leged to visit the Hoosier State any I thank my friend for getting up at national security. They told Adminis- number of times. I have a basketball in this hour of the day and joining us here trator McCarthy how her Agency’s de- my office from Notre Dame, and I know and for his leadership, not just in Indi- cision had eliminated market opportu- our friend from Indiana is a huge Notre ana but here in the Senate. It has been nities for their products, for all of the Dame fan. Their basketball coach, a joy. Thank you. things they had been growing, and it Mike Brey, is the former basketball I want to go back to what I was talk- meant that we were putting our energy coach of the University of Delaware. ing about earlier—Scott Pruitt’s views. security at risk as well because less Just like air pollution and water pollu- I think they are extreme, uninformed ethanol and biodiesel being used meant tion can move across borders, so can views on mercury regulation. Mr. Pru- importing more foreign oil instead of head coaches of great basketball itt’s views on core clean air and clean growing our fuel on Hoosier farms. teams. water laws and the somewhat mis- A few days later, Scott Pruitt sent Tomorrow night, God willing, I will leading and oftentimes evasive answers out a press release calling those RFS be at the Bob Carpenter Center at the he has given to Members of this body, cuts ‘‘good news’’ and highlighting his University of Delaware to watch the including myself, ought to be reason earlier efforts suing the EPA in an at- University of Delaware’s men’s basket- enough for Members of this body to re- tempt to block the regulatory approval ball team play. Our new head coach is ject his nomination. of E15. I cannot support an EPA nomi- one of Mike Brey’s assistants who has Two months prior to his confirma- nee who has sued the EPA to stop the come to our State to head us up. We tion hearing, Mr. Pruitt filed his third sale of E15 and who praised the erosion look forward to seeing how he and our major legal action against the EPA’s of a policy designed to strengthen our Fightin’ Blue Hens do. mercury and air toxics rule. This case energy security and to promote home- I thank the Senator for sharing—a is still pending before the courts. grown Hoosier biofuels. whole lot less air pollution—after For those who don’t know the EPA’s If confirmed, however, I look forward stealing our basketball coach, a very mercury and air toxics rule, it requires to working with Scott Pruitt to de- good replacement; I guess not the play- our Nation’s largest source of mercury velop a better and more collaborative er to be named later but the coach to pollution—coal-fired plants—to reduce approach to regulation by the EPA. We be named later. mercury in a wider range of air toxins. have very, very important work to do, Mr. DONNELLY. Madam President, The EPA issued this rule in 2012, and including cleaning up environmental the Senator’s efforts on this have been because of the low cost of compliance, dangers in our communities, like those extraordinary. To see the depth of con- most utilities are already meeting the in East Chicago; ensuring the safety of cern the Senator has for our oceans, for standards. We made more progress at a drinking water systems; developing a our lands—we have both worked so faster time, at a lower cost than was better WOTUS rule; and finding a hard to make sure we can work to- actually anticipated. The same thing is workable solution to address climate gether with our farm communities to true with the elimination of acid rain change. keep inputs on the farm, to protect our in New England. The deal that was That work in East Chicago is going rivers, to protect our streams. We worked out was a cap-and-trade ap- to prevent me from being able to be know how hard our farmers are work- proach, but the idea was developed here to vote against the Pruitt nomi- ing on that as well. I know the Senator when George Herbert Walker Bush was nation. The Governor of our State has has a tremendous and strong farm com- President. We ended up with better re- called a working meeting today in East munity in Delaware. It was a privilege sults for less money and faster time Chicago with the mayor, State and to sit and listen while the Senator was than was anticipated. We can do this. local elected officials, representatives speaking before. Mr. Pruitt filed his latest lawsuit from HUD and EPA, and other neigh- I will note, as he said, you may have alongside with one of the Nation’s larg- borhood stakeholders. It is of utmost sent us a basketball coach, but in re- est coal companies, Murray Energy importance for me to be on the ground turn, we sent you one as well. Corporation, arguing that the benefits with the community to let them know I turn the floor over to my colleague of cleaning up powerplant and mercury we are listening and we are working to from Delaware. and air toxic emissions are ‘‘too specu- get the resolution they deserve and to Mr. CARPER. Madam President, one lative’’ and not necessary. protect their health and safety. of the things I love about the Senator Mr. Pruitt goes on to argue that As I will be heading back home to In- from Indiana is he understands there is there are only ‘‘hypothetically exposed diana before the vote on the Scott Pru- a Golden Rule. We are one another’s persons’’ from mercury and air toxic itt nomination, I would like the record neighbors, and we need to treat others emissions from powerplants. Imagine to state that, if here, I would have the way we want to be treated. States that—‘‘hypothetically exposed per- voted against the nomination of Scott need to treat other States the way they sons.’’ Again, I would say: Really? Pruitt for the EPA. would want to be treated. Finally, Mr. Pruitt argues: ‘‘The EPA I wish to recognize my colleague and He also understands a very valuable cannot properly conclude it is appro- friend from Delaware, who has done principle: that it is actually possible to priate and necessary to regulate haz- such an extraordinary job in protecting have cleaner air, cleaner water, and ardous air pollutants under Section the resources of this country and in strengthen our economy. 112.’’ protecting the security of this country When I was an undergrad at Ohio His boiled-down arguments before the as well—his love for his home State, State, a midshipman there, I remember U.S. Court of Appeals for the DC Cir- with the beautiful beaches, beautiful a time up north of us in Cleveland, OH, cuit is basically this: If the EPA can- oceans. And my home State—we have when the Cuyahoga River caught on not quantify benefits in dollars, then the Great Lakes, which are an extraor- fire. The kind of smog we have now in those benefits don’t count. Never mind dinary resource, which we are so parts of the country, running in places that we know the real-world health blessed to have, and which are a trust in California, when I was stationed in threats to people this kind of air pollu- we keep for one generation after an- California in the Navy for a while— tion poses. other. I have always felt it my obliga- there are days when I ran that I knew The idea of looking at public health tion to make sure I turn over those I wasn’t doing a good thing for my protection only through the lens of dol- lakes and, in fact, the oceans in better lungs. lars and cents is not a new one, but it condition than we receive. We have done a lot better than that. can be a dangerous one. The tools we I yield to my colleague from Dela- While we cleaned up rivers like the have for projecting costs and putting a ware. Cuyahoga River and we cleaned up the dollar value on the health benefits are The PRESIDING OFFICER. The Sen- air in a lot of places in the country, we not gospel and are not the only way of ator from Delaware. still have work to do. We have made analyzing the economic impacts of re- Mr. CARPER. Madam President, I those changes and those improvements ducing pollution on a community. With thank my friend for those kind and and developed technology that we have toxic substances, such as lead, arsenic, generous remarks. I thank him for been able to sell all over the world. and mercury, health benefits are some- coming to Delaware. I have been privi- That is a good thing. times difficult to quantify.

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.176 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1347 Meanwhile, the EPA is chock-full of unnecessary regulation. True economic hard- Mr. Pruitt answered: ‘‘I actually examples where benefits are underesti- ship is experienced by those who are often have not stated that I believe the EPA mated and costs overestimated once least protected by environmental laws. should not move forward on regulating programs are implemented and busi- She went on to say: mercury or adopting rulemaking in nesses find efficient ways of cutting I would ask Mr. Pruitt: How much does it that regard.’’ pollution. In my part of the country, ‘‘cost’’ to lose an organ like I have? To lose He went on to say: ‘‘There is not a we call that Yankee intuition. a parent or child to cancer? How much do statement—or belief—that I have that sick days and inhalers cost families already Mr. Pruitt’s argument ignores that it struggling to make ends meet? What is the mercury is something that shouldn’t be is difficult, if not impossible, to quan- life path of a person who starts out with regulated under Section 112 as a Haz- tify the loss of IQ, increased risk of compromised lungs? Many of these costs are ardous Air Pollutant.’’ cancer, or other long-term health ef- not in dollars alone. Well, anyone who supports the mer- fects known to occur when exposed to Sarah couldn’t be more right. An cury and air toxics rule and heard that mercury and air toxic emissions. EPA Administrator must be able to un- might be very encouraged by these In Mr. Pruitt’s world, if we can’t ac- derstand the true human cost of rolling comments. curately translate loss of IQ into dol- back or eliminating critical environ- Sadly, Mr. Pruitt is on record many lars lost, the benefits of cleaning up mental regulations. times stating that the EPA should not mercury for other children is ‘‘too Mr. Pruitt’s persistent and extreme move forward regulating mercury and speculative’’ for it to be ‘‘necessary views—or at least extreme views in my air toxic powerplant emissions. and appropriate’’ for EPA to act. As a mind—on the mercury and air toxics Here are a few quotes from the legal father of three sons, I find this way of rule are some of the reasons I have briefs that Mr. Pruitt filed in his many thinking alarming. grave concerns about his nomination lawsuits against this rule that directly I have a poster here with a message to be EPA Administrator. contradict his statements in our hear- from a woman in Wilmington, DE. Wil- I can’t help but wonder if Mr. Pruitt ing. mington is in the northern part of the will continue to fight this rule—not In his first lawsuit against the mer- State, where our congressional delega- from outside the Agency, but from in- cury and air toxics rule, called White tion and Governor and his family live. side the Agency. Stallion v. EPA, Mr. Pruitt argued: This is from Sarah. I would ask Mr. I wonder if Mr. Pruitt would uphold ‘‘Finally, the record does not support Pruitt this: How much does it cost to the clean air protection that has bipar- EPA’s findings that mercury, non-mer- lose an organ like I have, to lose a par- tisan support or if he would kill the cury Hazardous Air Pollutant metals, ent or child from cancer? How much do rule and take his extreme views of and acid gas Hazardous Air Pollutants sick days and inhalers cost? Families cost-benefit analysis broader, to other pose public health hazards.’’ are struggling to make ends meet. issues such as cleaning up lead in our In his most recent case with Murray Many of these costs are not in dollars water or addressing climate change. Energy, he argues that, with respect to alone. That is why I asked him not once, powerplant mercury emissions, the Thank you, Sarah. not twice, but three times about his ‘‘EPA cannot properly conclude that it Sarah is a mother and a registered views on the mercury and air toxics is appropriate and necessary to regu- nurse. She wrote to me earlier this rule. I asked him directly three times late Hazardous Air Pollutants under month to express her concerns regard- if EPA should move forward with the Section 112.’’ ing Mr. Pruitt’s nomination. In her let- rule and if EPA should be regulating These statements go well beyond ter, she explained to me that she was mercury and air toxic emissions from questioning the ‘‘process.’’ Instead, born in 1978, in Western New York powerplants. Each time I asked, the they suggest the EPA should not be State. It is miles away from the Love more evasive and misleading the an- regulating mercury and toxic air emis- Canal neighborhood. It is the site of swers became. sions from powerplants. one of the most appalling environ- In our three exchanges, I was very This is not what even Trump voters mental disasters in American history. clear that I was asking about EPA’s voted for in November. They did not go regulations and the authority to ad- For those who don’t know or don’t to the polls hoping that the new Presi- dress mercury emissions from power- recall, Love Canal was a planned com- dent would make their air dirtier or munity that eventually had to be evac- plants. However, in Mr. Pruitt’s answers, he their water more polluted. uated after 22,000 barrels of toxic waste This is another case of this nominee was very careful to mention that mer- were dumped into the nearby canal— cury pollution should be regulated trying to mislead, or at least obscure, 22,000 barrels. Families whose homes under the Clean Air Act but never said the truth before Congress. It is a trou- were contaminated with chemicals and that mercury and other air toxic emis- blesome pattern that I fear will only toxic waste had to leave. Many faced sions from powerplants should be or get worse if Mr. Pruitt is confirmed as serious health challenges later in their must be regulated. EPA Administrator. lives. These were the real threats we Mercury, as it turns out, is emitted With that, I reserve the remainder of faced before we had the EPA or laws on by many sources. Coal-fired power- my time. the books that held polluters account- plants happen to be the largest emitter I suggest the absence of a quorum. able for dumping hazardous chemicals in this country. Under section 112 of The PRESIDING OFFICER. The in our waters. the Clean Air Act, Congress listed mer- clerk will call the roll. Sarah’s mother was pregnant with cury as a hazardous air pollutant and The senior assistant legislative clerk her while Love Canal was being evacu- required the EPA to regulate all major proceeded to call the roll. ated, just 7 miles away from their emissions sources. Mr. CARPER. Mr. President, I ask home. Fast forward a few decades. It seems that Mr. Pruitt tried to unanimous consent that the order for When Sarah was 30, she found out that avoid the questions I asked him about the quorum call be rescinded. she had thyroid cancer. Doctors told controlling mercury and air toxic pow- The PRESIDING OFFICER (Mr. her that exposure to radiation, perhaps erplant emissions. He, instead, an- GARDNER). Without objection, it is so from the radioactive hotspots near her swered about regulating mercury more ordered. hometown, is a proven risk factor for broadly. Mr. CARPER. Mr. President, I want thyroid cancer. While he was trying to evade the to continue to share with you and my Sarah now has a daughter of her own questions, what he did say was very colleagues the reasons I am opposed to who, unfortunately, suffers from reac- misleading to the committee. the nomination of Attorney General tive airway disease that causes her In our second exchange, I mentioned Scott Pruitt to be the Administrator of trouble breathing, and symptoms can his three lawsuits against the mercury the Environmental Protection Agency. last anywhere from a few minutes to and air toxics rule. I asked Mr. Pruitt What we do know about Mr. Pruitt’s hours at a time. if he believed the EPA should not move past record—and there is still a good Sarah, in her letter, said to me: forward with this rule and, if there deal we don’t know and are not able to Mr. Pruitt believes that the EPA places were no rule, how would States clean learn in committee. We know Mr. Pru- economic hardships on businesses through up mercury? itt abandoned his responsibilities to

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.178 S16FEPT2 S1348 CONGRESSIONAL RECORD — SENATE February 17, 2017 protect Oklahomans from harmful pol- quality monitor—16 counties; they weaken protections. It is no surprise lution. Instead of holding polluters and have more than 16 counties, but 16 have that Mr. Pruitt chose to sue the EPA, bad actors in the State accountable, air quality monitors—has an unhealthy based on his clear record. Mr. Pruitt spent a lot of his time as at- level of ozone pollution, according to I have a poster here with some of his torney general in Oklahoma suing the the American Lung Association. The own words. After all, it was Mr. Pruitt Environmental Protection Agency. American Lung Association assigns who just last summer explicitly said it These days, going after the EPA pub- grades in subjects, just as for our pages bothers him that Congress and the EPA lic health protection seems like a pop- here in school. My home State has A’s work together to ensure Americans ular thing to do. In fact, the EPA is and B’s. The Oklahoma Lung Associa- have clean air to breathe—or appears often a target of nasty tweets from our tion assigns a grade for ozone pollu- to say that. Specifically, here is what current President. tion. In these 16 counties, they as- he said: Without the burning rivers or thick signed a grade of F, not just in 1, 2, 3, Legislation should not be ‘‘we like clean smog and soot in the air, which used to 4, 5 or 10—all 16. air, so go make clean air.’’ That’s something be all too common, some may presume For decades, we have known that air that bothers me, that then Congress gives to that there is not much more for the pollution is linked to serious health EPA this general grant of authority. EPA to do to protect the public health problems like asthma attacks, strokes, That was at Hillsdale College in July of our country from pollution. People heart attacks, and other respiratory of 2016. I would just ask, What then may presume that our environmental illnesses. Most recently, ozone has been does Mr. Pruitt think the role of EPA protection problems are behind us, and linked to early deaths. is? It is hardly some kind of extreme States can take care of themselves We have another chart that refers to overreach to keep deadly pollutants when it comes to clean air and clean Oklahoma’s asthma rate. According to out of the air we breathe. I think most water, as Mr. Pruitt has suggested the Centers for Disease Control and people think that. Mr. Pruitt chose to time and again. Prevention, 6.3 million children in this sue the EPA over the science used to I am a recovering Governor, a former country have been diagnosed with asth- justify in writing the regulations, cit- Governor for 8 years. I have huge re- ma—6.3 million children diagnosed ing the polluters over the medical and gard for what Governors can do, States with asthma. In Mr. Pruitt’s home scientific experts who have published can do. There is a lot we can do, but State of Oklahoma, 1 in 10 children over 1,000 scientific studies that the not everything. That is not the idea— have asthma, which is higher than the EPA has reviewed. that States can simply take care of national average. That is 6.3 million Mr. Pruitt did not stop there. He also themselves when it comes to clean air children nationwide, and more than sued the EPA over protections for and water, and there is no need for 112,000 in Oklahoma who have to worry, downwind States. Delaware is one of Federal oversight. It is just wrong. I during the high ozone days, if they are them. Let me repeat that. Mr. Pruitt think it is untrue. The EPA continues going to have an asthma attack. not only sued the EPA over science to play a critical role in protecting our Recognizing the very real dangers of used in the 2015 ozone rule, but he also health, especially for the most vulner- ozone pollution, Congress passed the sued the EPA over the good neighbor able, including the very young and the EPA to provide our country with the rule to make sure all States do their elderly. The environmental threats we ozone air quality standards based on fair share to clean up the air. Without face today are real and do not respect the best science available, and they re- the good neighbor rule, Delawareans, State borders. view that standard every 5 years. After and all Americans living in downwind One such threat is ozone, known to States, will be forced to live with the some as smog pollution. Five times, reviewing more than 1,000 medical and consequences of decisions made by pol- Mr. Pruitt has sued the EPA over regu- scientific studies, the EPA concluded luters hundreds or thousands of miles lations to require new ozone, smog pro- about 2 years ago, in 2015, that the 2008 tections. Several of these lawsuits are ozone health standard was too weak from them. Mr. Pruitt took the stance still pending before the courts. and no longer adequately protected that every citizen in this country does Mr. Pruitt’s actions against ozone public health. not have the right to breathe clean air. health protection are deeply con- The EPA’s 2015 rule was purely a Mr. Pruitt took the stance that the cerning to me, as I represent a State at statement of fact to protect our health. lawyers and polluters know better than the end of what many of us on the east To protect the 6.3 million children with scientists and medical experts when it coast call America’s tailpipe. Emis- asthma, we need less ozone pollution in comes to ozone pollution and health. sions come up from the Midwest, large- our air. To protect 112,000 children with The President is asking us in this ly, and blow from west to east and end asthma in Oklahoma, we need a strong- body to confirm Mr. Pruitt as our EPA up in our air and in our water. Ninety er air quality standard. Administrator. As Senators, we can percent of the smog and air pollution Fortunately, many of today’s biggest also choose between two paths. The in Delaware comes from outside of our emitters of ozone pollution, such as first path is protecting public health State, partly from hundreds of miles older coal plants, are already scheduled and ensuring that those who elected us away—places like Kentucky, Ohio, In- to be cleaned up. This means the costs have clean air to breathe. The second diana, and across the Midwest. of compliance are not as high as they path is protecting polluters. I will be I said many times as Governor of might have been 2, 4, or 6 years ago. taking the path that protects the Delaware that I could have eliminated As attorney general, Mr. Pruitt had a health of my constituents. I urge my every source of pollution within my choice between two paths. If he had colleagues to do the same for theirs. State—shut down the factories, cleared taken the first path, Mr. Pruitt could In just a moment, I am going to every car off the road, stopped trains have worked with his Department of pause. Before I do, I mention this good and transit or boats. Delaware would Environmental Quality and the busi- neighbor rule. Some people call it the still face the deadly doses of air pollu- ness community to ensure ozone pol- cross-border rule. The idea behind it is tion, not from our own emissions, but luters in his own State cleaned up. He that we ought to treat one another as from those blowing in our State from could have worked with the EPA, not neighbors. hundreds of miles away. against it. By doing so, he would have Where does the good neighbor rule We have a chart here to my left that protected Oklahomans and citizens liv- come from? It actually comes from the we call the Ozone Report Card. Ozone is ing in downwind States from ozone pol- Bible. And it comes not just from the smog pollution. It deals not with qual- lution and helped economic growth and Bible, it comes from almost every ity of air pollution in Delaware, but it the State at the same time. It is impor- major religion in the world—the idea is a report card for Oklahoma. Cross- tant to note that many attorneys gen- that we ought to treat other people the state ozone air pollution continues to eral in this country decided to take way we want to be treated. If you look be a major problem for our State, but this path, including our own attorney at every major religion in the world, it it also is for many States across the general, Matt Denn, in Delaware. pretty much says that. country. Instead, Mr. Pruitt took a second In the New Testament, some will re- In Mr. Pruitt’s own home State of path, the one that led to suing the call, there is a passage where the Oklahoma, every county with an air Agency, the EPA, in an attempt to Pharisees were after this young Rabbi,

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.181 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1349 a couple thousand years ago, trying to ters, emails, or faxes supporting Mr. our Delaware Legislature: I have been put Him on the spot. They said: You Pruitt’s nomination. I guess this is elected; give me the opportunity to put are so smart, young Rabbi, why don’t from all sources, not just Delaware. together my own team and judge us on You tell us what is the greatest rule of But we have gotten seven letters sup- our performance. law, the greatest commandment of all? porting Mr. Pruitt’s nomination. I re- However, some nominees of some He said: Not one, there are two. He ceived 1,880 letters opposing his nomi- Presidents are so—probably Democrats mentioned the first. Then He said: The nation. That is pretty amazing. We and Republicans, but especially in this second is love thy neighbor as thyself. don’t get this kind of volume of letters, case, with this President—some nomi- One of the pharisees said to Him: emails, or faxes, but 1,880 opposed, 7 nees are so unqualified or philosophi- Who is our neighbor? And He went on letters supporting. cally unfit that Senators should use to tell them the parable of the good Sa- But it is not just Delawareans who their constitutional powers to reject maritan. A man traveling through the are worried about the idea of Mr. Pru- them. Scott Pruitt, President Donald country was attacked, left for dead in a itt at the helm of EPA; over the past 3 Trump’s pick to head the EPA, is one ditch. Later in the day, three people months, editorial boards across our of those nominees. walked by, one from a part of the coun- country have expressed their own seri- I voted for more of the nominees of try where this guy was sort of his ous concerns about this nominee as this President than against. Several of neighbor. He walked on by. Next, a per- well. them are quite good. I serve on a com- son of the cloth, a rabbi, walked on by. I want to share a few of those with mittee called Homeland Security and He didn’t stop. The third guy that my colleagues and the world this morn- Governmental Affairs. To succeed Sec- came through was from a place called ing. Back in December, the New York retary Jeh Johnson, the President Samaria. They are like at enmity, at Times wrote these words. I will read nominated retired Marine general John odds with one another. They are not them. This is from December, a couple Francis Kelly, who was a terrific sol- friendly; they are at odds with one an- of months ago: dier, marine, leader for our country, other. Had Donald Trump spent an entire year and will be a great Secretary. I wish He saw the fellow had been beaten scouring the country for someone to weaken they were all of his caliber. I wish they and left for dead. He ministered to him clean air and clean water laws and repudiate were. and put him on his animal and took America’s leadership role in the global bat- The Bangor paper went on to write: him to an inn. For a day and a night, tle against climate change, he could not Critics of the EPA tend to focus on rules he tried to help him get better. After have found a more suitable candidate than and laws that the agency is involved in writ- Scott Pruitt, the Oklahoma Attorney Gen- ing that protect little-known animals or the second day, the guy from Samaria eral. had to leave and had to go someplace landscapes, such as wetlands. But, the agen- That is a pretty bold charge. The edi- else. He said to the innkeeper: This fel- cy’s primary mission is to safeguard the torial describes Mr. Pruitt’s nomina- health of Americans through landmark laws low still isn’t well enough to travel, tion—it goes on to say ‘‘an aggres- such as Clean Water Act and Clean Air Act. but here is some money to help pay for sively bad choice’’; ‘‘a poke in the eye Finally at the Bangor paper, they got his care here for another day or two. to a long history of bipartisan coopera- to what is really at stake with Scott When I come back through, if you need tion on environmental issues.’’ Pruitt at the head of EPA when we more money or it costs more, I will Again, the EPA was not created in a have a President who has repeatedly even up with you. He left, but he left law signed by a Democrat, it was by a said he would like to get rid of the EPA the guy who had been beaten in a lot Republican. in almost every forum. This is what better shape. The Times goes on to say ‘‘bad After telling His story, the young they said at the Bangor News: choice’’; ‘‘a poke in the eye . . . to a We are under no illusions that Mr. Trump Rabbi turned to the pharisee and he nation that has come to depend on an said: Who was the good neighbor? is suddenly going to become a champion of agency for healthy air and drinkable environmental protection, even if that is Well, there was the one—the first fel- water.’’ synonymous with protecting human life. But low who came by who took pity on the And to the 195 countries that agreed Pruitt is so hostile to the EPA’s core mis- guy who had been beaten and left for in Paris last year to reduce their emis- sion that putting him in charge would move dead and treated him the way he would sions, climate-changing greenhouse the United States dangerously backwards. have wanted to be treated. gas, in the belief that the United But it is not just the east coast edi- That is really the foundation of the States should show the way, the Times torial boards that are worried about good neighbor rule that the EPA has concludes with these words: ‘‘Mr. Pru- Scott Pruitt’s nomination. Let’s go to promulgated. It is the foundation of itt is the wrong person to lead an agen- the west coast, the L.A. Times in Cali- the idea that pollution does cross bor- cy charged with the custody of the na- fornia, the State that has led the way ders and because of that, we need to tion’s environment.’’ in environmental protection. The L.A. have—if we can’t pass a law, we need The Senate cares about public good Times Editorial Board wrote—let’s see some kind of rule or regulation to en- and needs to send his nomination to if we have a date. It is February 4, this sure that everybody is being a good the dustbin. month. This is what they wrote: neighbor because it is not fair that my But I know that not everyone is a Yes, Trump won the election, and as presi- State—that we can pretty much close huge fan of the New York Times these dent, he’s entitled to appoint people who re- down my State’s economy, transpor- days, so let’s move a little further flect his political views. But when the presi- tation systems, powerplants, and still north. Let’s go up to Maine. They have dent’s policies and appointees pose such a have a problem with air quality. That fundamental threat to the nation, even a a paper up there called the Bangor Senate controlled by his fellow Repub- is just not fair. Daily News. I have a poster from them I think next we are going to look at licans—whose first loyalty should be to the as well. Last month, the Bangor Daily some editorial statements that are in people of the United States—must put the News Editorial Board wrote these opposition to Mr. Pruitt. I know there nation’s best interests ahead of party loy- words. Again, this is last month: alty. are editorial statements that support him. I don’t have any of those today, As attorney general of Oklahoma, Mr. Pru- They continue at the L.A. Times and itt has been openly hostile to the EPA’s mis- not surprisingly. But I do want to go say: sion of protecting human health by regu- Pruitt wouldn’t run the agency as just an- through a couple from newspapers lating dangerous pollutants, such as mercury around the country: New York Times, other small-government Republican inter- and carbon dioxide. Someone who has repeat- ested in paring excessive limitations on busi- Bangor News up in Maine, L.A. Times, edly tried to prevent the EPA from doing its ness. He actually disagrees with the funda- Denver Post, Chicago Sun Times, Dal- job surely should be disqualified from over- mental mission of the EPA. He has argued las Morning News. seeing the agency. that the federal government should play a I have received a number of letters You know, we generally believe that lesser role in environmental protection, and from Delawareans about the nomina- Presidents have wide latitude in choos- that primary control should be given to the tion of Mr. Pruitt to lead the EPA. For ing the members of their Cabinet. I states. the record, as of I guess last night, my think Governors should have wide lati- That is wrongheaded. Putting West office had received a total of seven let- tude. As a former Governor, I said to Virginia, my native State, in charge of

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.182 S16FEPT2 S1350 CONGRESSIONAL RECORD — SENATE February 17, 2017 its coal industry or Texas in charge of The post of EPA administrator is a critical The PRESIDING OFFICER (Mr. BAR- its oil industry would lead to horrific one, and nowhere is that more tangible than RASSO). Without objection, it is so or- environmental damage, not just there here in energy-rich Texas. dered. Again, this is the Dallas Morning but in the neighboring States down- Mr. MURPHY. Thank you, Mr. Presi- News: wind and downstream, according to the dent. L.A. Times Editorial Board. Many industry voices have already raised The L.A. Times Editorial concludes toasts to Pruitt’s nomination, concluding Once again, let me extend my grati- by saying: that his plans to eviscerate the EPA’s regu- tude to all of the staff who are pulling latory oversight of oil and gas companies, Putting Pruitt in charge of the EPA, how- yet another overnight. I know this and other polluters, will strengthen the ever, poses an irreversible risk to the planet, isn’t easy, and I feel like every time we state’s economic fortunes. and the Senate needs to ensure that doesn’t have done one of these I have been on happen. The Morning News went on to write the floor during the late night or very It is not just the coastal editorial that the Senators from Texas must early morning hours to express my boards that have opposed Mr. Pruitt. ‘‘look beyond the short-sighted cal- gratitude to those who are making this The Denver Post noted that—these are culus and vote in the long-term inter- possible. ests of Texas. Put simply, Texas’ econ- their words from 2 months ago, Decem- While I am grateful for those who are ber 8, 2016: omy will be stronger over time if its environment is cleaner and if its people here, I think it is also incredibly im- It looks like Trump truly does wish to dis- portant and vital that we are here. mantle the EPA. His pick of Scott Pruitt to are healthier.’’ This is just one of a handful of the This is exceptional to have so many lead it strikes us as unnecessarily reckless, late nights, to have pushed through the and we urge the Senate to deny confirmation editorial boards that have raised seri- and to demand a better way forward. ous and substantive objections to Mr. evenings, to stay in session 24 hours It is not on the poster, but the Den- Pruitt’s nomination, and for very good and 48 hours at a time. I understand ver paper went on to add: Does the Na- reason. They don’t just come from the that last week we engaged in the long- tion really want a Big Oil mouthpiece Northeast or from the east coast, they est session—second longest continuous running the agency that’s charged with don’t just come from the Southeast or session in the history of the Chamber, the laudable task of keeping our air the Midwest; they come from the west and I think we are doing so because we and water safe? coast and even Texas itself. We ought are living through truly exceptional Let’s head up to Chicago, where the to listen to them. We ought to listen to times today. Sun Times was editorializing in the them. They are not all wrong. In fact, We are living through a moment great State of Illinois. The Chicago I fear they are right. where this administration is simply Sun Times Editorial Board—let’s see With that, I see we have been joined not prepared to govern, and many of what we have for a date. It looks like on the floor by a young man from Con- the individuals who are being ap- December 8, a couple of months ago. necticut who came to share some of his pointed to Cabinet positions, being se- This is what they said: own thoughts with us on these impor- lected to serve in this administration We are living in a time that calls for step- tant topics. simply aren’t ready to get the job done. I just want to thank him for the good ping up efforts across the board to protect We saw that with respect to Michael our environment for future generations. work he does in so many areas. He and Unfortunately, President-elect Donald I have been partners together on trying Flynn, who was named to quite pos- Trump has appointed Scott Pruitt, an open to make sure the people of this country sibly the most important position in foe of environmental initiatives, to head the have access to affordable healthcare, the national security Cabinet. The Na- U.S. Environmental Protection Agency. and we get better results for less tional Security Advisor is, on most That demonstrates a callous disregard for money, and I applaud him for those ef- days, the first person and the last per- the health of our nation and planet just as forts, as he knows probably better than son the President talks to about na- rapid technological advances hold out hope tional security, about protecting the for avoiding the worst effects of climate I, to try to ensure that people are change. healthy. It is not enough just to pro- Nation. Many of us raised alarm bells It went on to say: vide healthcare for them when they get when Mr. Flynn was selected for the job because of his radical statements During his campaign, Trump said he would sick. We call that sick care. We try to dismantle President Barrack Obama’s envi- make sure we are doing things up front on Islam, his questionable connections ronmental policies and pull the United to prevent people from getting sick, to to Russia, having sat next to Vladimir States out of the 195-nation Paris accord to enable them to stay healthy. A lot of Putin in a celebration of Russian prop- reduce greenhouse gases and climate change. that really leads right to the work of aganda didn’t seem right to us, some- After the election, Trump moderated his the Environmental Protection Agency. thing didn’t smell right to many of us. tone, saying he has an open mind about cli- Leadership is so important in every- We expressed those objections when mate change. His appointment of Pruitt, thing we do. It is the most critical fac- Mr. Flynn was chosen. Our objections however, suggests that if he’s open to any- thing, it’s strictly more pollution. tor in everything. Leadership is the did not prevail, and within 30 days Mr. key to the success of any organization, Flynn was fired from his position. It is They concluded with these words: large or small, that I have ever been a still unclear as to why he was fired. At a time when serious scientists worry part of or observed. I don’t care if it is about cataclysmic disasters threatened by The President was out in front of the climate change, we can’t afford to put our a business, I don’t care if it is a church, cameras, bizarrely defending Mr. Flynn future in the hands of an apologist for the I don’t care if it is a school, I don’t to the cameras having just fired him 30 fossil fuel industry. America needs an EPA care if it is a military unit, a sports days into the job, but it seems that it chief who understands the value of environ- team, or the U.S. Senate, leadership is was some combination of undermining mental successes we have achieved and the key. The EPA is key. a sitting President by attempting to critical importance of building on them. Show me enlightened, well-qualified coordinate with the Russian Ambas- But perhaps these aren’t convincing leadership, and I will show you a suc- sador right after President Obama had enough. Travel with me down to Texas cessful operation. We need to be real levied sanctions on Russia, potentially because they have a problem even in careful in making sure the EPA has the making some promises to the Russians Texas, in the Lone Star State. One of kind of leadership that will lead them that they didn’t have to worry about it the newspapers there, the Dallas Morn- and our Nation well into the future. because once the Trump administra- ing News, wrote just last week: With that, I yield the floor. tion got into office, they would modify Oklahoma Attorney General Scott Pruitt, Mr. President, I suggest the absence or lift those sanctions or perhaps it a veteran of a years-long courthouse cam- of a quorum. was lying to the Vice President and paign to undermine the Environmental Pro- The PRESIDING OFFICER. The others in the White House about what tection Agency, is the wrong choice to lead clerk will call the roll. the agency under President Donald Trump. The senior assistant legislative clerk the substance of those conversations It’s hard to imagine a worse choice. proceeded to call the roll. were. They highlighted the long-term im- Mr. MURPHY. Mr. President, I ask Regardless, within 30 days, maybe pact of putting Mr. Pruitt in charge of unanimous consent that the order for the most important person in the secu- the EPA. Here is what they said: the quorum call be rescinded. rity Cabinet, who many of us thought

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.184 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1351 was unqualified, was fired from his po- personal basis, nothing aggrieves me ful, and he even sued to block water sition in the shortest tenure that any- more than seeing the gun industry get pollution into the Chesapeake Bay body could discover for National Secu- whatever they want from this Con- which has no connection to Oklahoma. rity Advisors. gress. If you have a couple hundred Scott Pruitt has been a crusader. He More news in the last 48 hours is that million dollars of market capitaliza- has been a crusader on behalf of the en- there were a host of other White House tion and a good lobbyist and a political ergy industry against environmental officials who were unceremoniously action committee you can get a lot protection, and he would probably tell ushered out of the White House because done in Washington. you there is a choice to be made be- they couldn’t pass their criminal back- So maybe when I tried to think of tween protecting our environment and ground checks. Why on earth they were that silver lining to the election of protecting our economy. That is ridicu- in the White House working in posi- Donald Trump to the Presidency of the lous. That is patently ridiculous. tions if they hadn’t already taken United States, something that was If we don’t protect our planet, if we criminal background checks, that is a deeply morally objectionable to me, it don’t protect the quality of our air and very important question we should get was that maybe there is a possibility the quality of our water, there will be answers to, but yet another example of to take on some of these special inter- no planet for businesses to grow in, and selection of people to serve in sensitive ests, to say enough is enough, the size every kid who suffers through a life- posts who weren’t ready for the job. of your wallet shouldn’t have anything time of asthma is a fundamentally less Betsy DeVos wasn’t ready for her to do with the amount of influence you productive worker to be able to add confirmation hearing. She came to the command here, but then those hopes value to the American economy. When Health, Education, Labor, and Pen- were dashed as we watched who Presi- you are attacking health standards sions Committee and didn’t know the dent Trump decided to nominate for that would reduce asthma attacks by basic facts about Federal education the Cabinet. over 500,000 a year, you are attacking law. She couldn’t tell the difference be- Over and over again, billionaires, the economy, not just the environ- tween measuring proficiency and meas- sometimes millionaires, but more often ment. It is really hard for a kid to learn and uring growth, and maybe for most peo- than not billionaires were selected for become an entrepreneur or a business ple you don’t know the difference ei- this Cabinet, many of whom had ties to creator if they are not healthy. Frank- ther, but if you are going to be the Sec- the very special interests or were mem- ly, it is really hard for a family to be retary of Education, you have to know bers of the very special interests that able to manage their own economic af- the difference between measuring for Donald Trump told people he was going fairs when they have kids who are that proficiency and measuring for growth. to take on when he became President unhealthy. So Scott Pruitt, in con- She was confused about the Federal of the United States. tinuing to attack the EPA, continuing law that guarantees children with dis- So we had one of the biggest fast food to stand up for the oil and gas indus- operators being installed in the Depart- abilities an equal education. She told try, is weakening our economy. Senator KAINE and Senator HASSAN it ment of Labor—somebody who at- Maybe even more importantly, when would be OK for States to ignore that tacked workers and said that break you are standing up for only one seg- law or ignore that protection. That ac- time was a nuisance, that robots ment of the energy industry, you are tually is not the case. Every State has should replace his employees, we had ignoring all the potential jobs that to observe the individuals with disabil- an oil executive nominated to serve as come through a true energy trans- ities law as it pertains to students. our chief diplomat, and now we have an formation. I get it that today there are Just this week, we had a nominee individual who has very publicly and a lot of oil jobs in Oklahoma, but there withdraw after a drip, drip, drip of alle- unapologetically done the bidding of could also be a lot of wind and solar gations regarding his personal conduct big energy companies being enlisted to and advanced battery and fuel cell jobs and his business practices made it pret- be the chief environmental protector in in his State as well. Frankly, as you ty clear that somebody whose res- this country. look at the jobs that will be created taurants are half the time in violation So we are here tonight because the over the next 50 to 100 years, not just of Federal labor laws, somebody who nomination and selection of Scott Pru- in this country but across the globe, has employed undocumented workers itt to be the next Administrator of the the real job growth in the energy sec- probably isn’t suitable to be the chief EPA fits neatly into a pattern of be- tor is not just going to be in the oil and protector of workers in this country as havior by this administration in which gas sector, it is going to be in this the Secretary of the Department of very, very rich people or people who broader renewable energy sector. Labor. It just doesn’t seem that a lot of have very close ties to powerful inter- I don’t know if these statistics are up thought has been put into some of ests are being put in the government, to date, but a few years ago, I read these selections. and our worry is that they are being that, of the top 10 solar companies in So we are taking our time. We are put there not to serve the American the world, the United States has one of using our prerogative as Members of people but to serve those interests. them; of the top 10 wind turbine com- the minority party to make sure there Scott Pruitt has a very interesting panies in the world, the United States is a full, complete debate on all these history of defending the oil and gas in- has one; and of the top 10 advanced bat- nominees to make sure, at the very dustry, which I admit is important to tery companies in the world, the least, the American public knows what his State of Oklahoma—more impor- United States has two. There are going they are getting. tant than it is in my State of Con- to be millions and millions of jobs to Our worry is not just that these necticut—but he has a very interesting be had all across the world in the re- nominees are often woefully unpre- history of defending that industry newable energy economy. pared for the job, it is that many of against the EPA. Scott Pruitt has sued So long as our energy policy is only them appear to be fatally com- the EPA to overturn standards to curb about protecting oil and gas and coal promised. I listened to a lot of what mercury and other toxic air pollutants, and not about truly advancing renew- President Trump said on the campaign standards that would prevent 11,000 able energy, we are hurting our econ- trail, and I heard him spending a lot of premature deaths and up to 130,000 omy; we are preventing massive job time attacking the way business had asthma attacks per year. creation from happening; and we are historically been done in Washington, He sued to void standards to reduce letting other countries eat our lunch DC. Maybe some of us privately soot and smog pollution, projecting to because 9 out of those 10 top wind tur- cheered him on when we heard him say prevent up to 15,000 nonfatal heart at- bine companies and top solar compa- that because we have watched cor- tacks, to prevent 34,000 premature nies and 8 out of those top 10 advanced porate America own this town for a deaths, and almost 400,000 asthma at- battery companies are in other coun- long time. tacks every year. tries—other countries that have de- I watched the drug industry essen- He sued unsuccessfully to overturn cided to have policies that create inter- tially have veto power over health pol- the EPA’s scientific danger determina- nal markets for those new renewable icy in this town. I have watched the oil tion that carbon dioxide and other technologies, unlike here in the United and gas industry run the show. From a heat-trapping air pollutants are harm- States.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.186 S16FEPT2 S1352 CONGRESSIONAL RECORD — SENATE February 17, 2017 Germany is pumping out wind tur- companies that he has been regulating for my kids. It may be too late, once bines and is selling them all over the and will be charged to regulate. they become of age, to try to do some- globe, not because Germany has any I get really concerned about Scott thing about it as a public servant, as a more wind than the United States but Pruitt when I think about the kids in scientist, as an activist. Any scientist because they have decided to pursue a my State. I will tell you about one can explain the reason for that. policy in which they give advantage to very specific way in which I think The reason is that, for many green- those renewable energy companies. The about it, and then I will talk a little house pollutants—carbon dioxide, in United States has decided to pursue bit more broadly. particular—as they get released into policies, by and large, through giving We have talked a lot about lead, the atmosphere, they stay, and they advantage to fossil fuel companies. mostly in the context of this tragedy continue to warm—heat up—as time In making his name as a crusader that has played out in Flint, MI, but, goes on. There are some pollutants against the EPA, not only is Scott Pru- in Connecticut, the tragedy of lead poi- that don’t act that way. There are itt endangering the health of our kids, soning plays out every single day. these things called fast-acting climate but he is endangering the health of our Why? Because we have really old hous- pollutants, like methane, frankly, that economy as well. It is not guesswork ing stock; we have old infrastructure; are released into the atmosphere, that when it comes to the connection of we have lead that is in paint; we have are powerful heaters for a short period Scott Pruitt to the industry. If he had lead that is in pipes; we have lead that of time, but then they dissipate. Car- really studied the facts and if he had is in fixtures that exist in old homes. bon dioxide is different. That one sat down and sort of weighed the bene- While our State has been just plug- sticks around forever and ever—a long, fits of the industry’s claims against the ging along, trying to do better to reme- long time—and continues to heat and benefits of the claims of 99 percent of diate these old homes and clean up lead continues to heat and continues to the scientists in this country, it would and test kids earlier, lead poisoning heat. So, if you don’t reverse the tra- be worth a listen. has been a reality for us in Connecticut jectory of the human contribution to But, as attorney general of Okla- for a very, very long time. Boy, there climate change soon, it may be too homa, he sent a letter to the EPA, are a lot of awful things that can hap- late. skewering its efforts to limit methane pen to you as a kid in this country, but As folks have read, just in the last 60 leaks from oil and gas companies. He lead poisoning is at the top of the list. days, that phenomenon is playing out didn’t write the letter. Nobody on his Watching a family go through the hor- in parts of the globe that are already staff wrote the letter. Oklahoma’s ror of serious lead poisoning is nothing at a pace that was unimaginable just 5 Devon Energy Corporation wrote the that you want to witness because, once years ago. In the Arctic, we are seeing letter. Pruitt’s office changed a few lead gets into your system—once it just unthinkable warming. words and sent it on to the EPA on the gets trapped inside your brain—it is I don’t make policy by anecdote, but attorney general’s stationery. That is impossible to reverse. about a year ago, I was in the Arctic. I how close the relationship is between In his confirmation hearing, Mr. Pru- was on a submarine, doing an explo- Scott Pruitt and these energy compa- itt was asked whether there was any ration under the ice—a truly amazing nies. He just takes what they write— safe level of lead in drinking water. If thing to be a part of. I was on the USS what they say—and forwards it on you are going to be the Administrator Hartford, which was a ship that was under his own signature. If you were to of the EPA, you should probably know made in Connecticut, and the port is in do that in a classroom, that would be the answer to that question. The an- Connecticut. We were up there as part plagiarism, and you would get kicked swer is, no, there is no safe level of lead of an exercise called ICEX, which was out of school; but if you were to do in drinking water. Given all of the tu- an exercise to try to understand what that as the attorney general of Okla- mult and attention over what happened is happening in the Arctic so as to try homa, you would get nominated to be in Flint, you would think that would to understand what the implications the Administrator of the EPA. be something he would be prepared for. are for humans of this massive melting It might get a lot worse. You might His response was: ‘‘That’s something I of arctic ice. find out that it is a lot worse on Tues- have not reviewed nor know about.’’ There were supposed to be two week- day of next week because, for some rea- Lead is a neurotoxin that can have ends of exercises in which there was a son, Scott Pruitt has been hiding email devastating, long-term effects on the camp on a very stable piece of ice. Ex- correspondence between his office and lives of children. The correct answer, of periments were happening at the camp, these energy companies. He has put up course, is that there is no level of lead and a submarine was helping to engage roadblock after roadblock to try to that is safe in drinking water. in those experiments. We were part of stop freedom of information requests I don’t want to be too tough on him the first weekend’s exercise. Then, the to get these emails, this correspond- because I don’t expect somebody who next weekend, another group of Con- ence. hasn’t spent his lifetime in the field to gressmen was going up to witness that Finally, yesterday, a judge ruled that know every answer about environ- second weekend’s exercise. The second you cannot stop that information from mental standards, but this one was a group of Congressmen did not make it. coming out—they are public docu- pretty important one. For those of us They were literally on a van to the ments—and on Tuesday of next week, who do think he is, ultimately, going plane when they were told there was an they are going to be made public. I to do the bidding of industry rather emergency evacuation of the camp be- don’t know what they were going to than the bidding of kids, not having an cause the ice was melting underneath say, but as I suspect with Donald awareness about something as simple the camp. This was a spot that was Trump’s tax returns, when you are ex- as acceptable lead levels in water picked because of how stable they pending great effort to hide something makes us wonder whether he is really thought it was. In the short period of from the American public, there is prepared to do his homework because time in which the camp had existed on probably a reason you are hiding those on the other side of the lead fight are the ice that March, it had started to things. There is something incredibly special interests. This is one that has break up and melt underneath them, damaging, embarrassing, or illegal in special interests too. Whether it be the and they had to engage in an emer- those tax returns, and there is, prob- home builders or other folks who might gency evacuation. ably, something very damaging, embar- have to pay a little bit of money out of That is just one story. I understand rassing, or illegal in those emails. their pockets to fix up old homes, there we don’t legislate or regulate by anec- So we are rushing through a nomina- are people who are not always with us dote, but when you piece it together tion of Scott Pruitt tomorrow, which on this. with all of the other evidence that tells will not allow us to see this email cor- More broadly, I worry about my kids. you that every single year is the warm- respondence that is going to come out My kids are not going to suffer from est on record, that shows you this mas- next week. That is a shame because it, lead poisoning, but if we don’t get seri- sive trend line of melting in the Arctic. likely, will show us how close that con- ous about the pace of climate change Even scientists who were of that 1 per- nection has been between the next Ad- now—in the next 5 to 10 years—the cent, who were sort of judged or ministrator of the EPA and the energy problem may not be available to solve deemed to be climate skeptics, are now

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.188 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1353 saying: Whoa, there is clearly some- energy companies and special interests, in at least as good a condition as you thing nonnatural happening in the Arc- which fed into their narrative as well. found it. That makes sense. You bor- tic, resulting in this massive melt that These are exceptional times. I am rowed the rototiller. If you break it happens season after season. sorry that we are back on the floor you probably should fix it before you If that melt that is being mirrored in overnight again. But we are deeply hand it back or you just use it in a way Antarctica continues at this pace, it concerned that this special interest so that you are careful with it so that will be too late for my kids to do some- Cabinet—this billionaire Cabinet—is you don’t break it, so that when you thing about it. In my State of Con- not being put in place to do right for give it back to your neighbor, it is in necticut, a coastal State—a State in the American people. It is being put in that same condition. Senator KING ap- which the majority of our economic as- place to do right for big corporations plied that standard to the standard sets are buffered right up against the that don’t need any more allies here in that we should hold ourselves to when water of the Long Island Sound—we Washington. For all the rhetoric about it comes to protecting this planet. cannot survive in a world in which sea upsetting the way things are done in My kids are going to inherit this level rise doubles compared to what it Washington, President Trump is dou- planet. My grandkids, hopefully, will has been over the last 1,000 years. bling down on special interest influ- inherent it from them. Our charge We cannot survive in a world in ence by handing them the keys to the should be to hand this planet to our which, by the end of this century, the Secretary’s offices and major Depart- kids in at least as good a shape as we average temperatures will be 8 degrees ments, now including the Environ- found it. If we break it, if we damage higher than they are today. When I mental Protection Agency. it, we should fix it before we hand it came to Congress in 2007, the worst That was not a President at that over. case estimates were that, by the end of press conference yesterday. That was We are breaking this planet right this century, the global temperature hard to watch, I imagine for both now. We are releasing so much pollu- rise would be 6 to 8 degrees beyond Democrats and Republicans. It was not tion into the atmosphere to have com- what it is today. Those are now main- a higher calling to public service for promised its integrity for the next gen- stream estimates. It is not politicians, anybody in this country. Maybe there eration. We have broken the rototiller, and it is not activists. Those are sci- was 20 percent of the President’s base and the rototiller rule tells you that entists—mainstream scientists—who that the press conference played to, before you give it back to your neigh- are making those estimates. Yet, we but that was not an advertisement for bor, you should fix it. And we have it in are going to put somebody into the America. our power to do it. EPA who proudly has been a mouth- These are exceptional times, and When we damaged the ozone layer piece for the idea that climate change they do command those of us who are through the release of CFCs, we got to- is a hoax—a hoax. worried about the direction of this gether and fixed that problem. We en- There is this tiny group of scientists country to use all the power we have to gaged in a global conversation to regu- who say: Well, it is not really clear try to get the facts out there and on late CFCs through something called whether human activity is leading to the record. the Montreal protocol. We were able to climate change. There is a tiny group I was standing next to Senator attack that problem, fix it at no sig- of scientists who say that. Ninety per- ANGUS KING at a press conference nificant cost to the economy, and show cent of scientists agree that humans shortly after we were sworn in, talking that if we really do care about the are contributing to climate change. about this issue of climate change and quality of this globe, there is nothing But Scott Pruitt goes further than our responsibility as public servants to that is outside of our power. There is that. Scott Pruitt has said that cli- protect the quality of our air and the no choice to be made between observ- mate change—he has said it over and quality of our water. We were recalling ing the rototiller rule—protecting our over again—that climate change is a how this wasn’t as partisan an issue 40 planet—and growing our economy. hoax. What does that mean? Does that years ago as it is today. But if Scott Pruitt becomes the next mean it is an intentional campaign by The EPA was established under a Re- Administrator of EPA and the oil com- people to try to fool people into believ- publican President. The Clean Water panies and the gas companies essen- ing that climate change is happening? Act and the Clean Air Act had bipar- tially get whatever they want, well, That is an extreme position. I don’t tisan support. There was a time in their bottom lines probably will be im- even know how you explain what the which Republicans were for environ- proved, shareholders in those compa- genesis of the hoax is. What benefit do mental protection, and now we are nies will probably do a little bit better, people get from trying to create this nominating somebody to be the Admin- but our kids’ health, our larger econo- fiction? And of all the people out there istrator of the Environmental Protec- my’s future will be compromised. who could possibly be the EPA Admin- tion Agency who made his name fight- So that is why we are here on the istrator, President Trump chose some- ing environmental protection, who floor objecting to Mr. Pruitt’s nomina- one who calls climate change a hoax. made his name suing the Agency that tion. That is why we have asked for He had a confirmation conversion. He was established by a Republican Presi- this nomination to be delayed until backtracked on that and said some- dent, who has called the global climate later next week so that we can see thing before the committee about not change phenomenon, supported by 99 what is in these emails, where we al- being completely sure about the human percent of scientists, a hoax. ready have some pretty concerning evi- contribution to climate change, but ac- It is disturbing to many of us how dence of this deep connection between knowledging that it probably exists. It deeply politicized this issue is because Mr. Pruitt and the companies he will is not the first confirmation conversion it used to be relatively nonpartisan. It regulate at EPA—a letter that they we have had. The Presiding Officer and used to be that for all of the things we wrote for him that he sent under his I were at a very interesting hearing disagreed on, we at least recognized name. What if there is more informa- yesterday in which the nominee to be that one of our responsibilities as stew- tion like that in this correspondence? Ambassador to Israel essentially re- ards of this sphere that we live on is to What if there is more evidence that canted everything he had ever said make sure that it exists in the same he, as attorney general, was just a that was strong in tone about people he shape that it is today for our kids. mouthpiece for industry rather than a disagreed with on the position of U.S.- What ANGUS KING said that day in mouthpiece for consumers? What if Israel relations. that press conference, as always, that is predictive of his behavior at So Scott Pruitt has changed his rhet- stayed with me. Senator KING said that EPA? I think that would be something oric in order to get confirmed. But he in Maine they have the rototiller rule. that both Democrats and Republicans said that climate change is a hoax If you borrow a rototiller or, frankly, would be concerned with because I enough times to understand that like- any piece of equipment from your think I know my colleagues, and while ly, in his gut, that is what he still be- neighbor, you have an obligation when my colleagues have certainly been lieves. It was a convenient position to you are done with it to return that more protective of industries’ interests have if you were an attorney general piece of equipment to your neighbor, or than Democrats have been, we both concerned with doing the bidding of big return that rototiller to your neighbor, agree that the industry shouldn’t have

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.189 S16FEPT2 S1354 CONGRESSIONAL RECORD — SENATE February 17, 2017 an unnatural advantage in these agen- fornia passed the first energy effi- creating employment through the pro- cies above the public interest. I am ciency standards in the country. Our motion of clean energy technology and pretty sure we agree on that. And in friends from the States of Florida, green economies. A report by the Uni- just 4 short days, we will get a better Massachusetts, Connecticut, and New versity of California Labor Center understanding as to whether that is de- York quickly followed suit. This set a found that the California renewable finitively the case for Scott Pruitt. precedent. Federal officials agreed that portfolio standards contributed to the So I would urge my colleagues to ei- having responsible renewable energy creation of 25,500 hours for what was ther delay this vote that is happening guidelines should be a priority. referred to as ‘‘blue-collar’’ job oppor- later today or to vote against the nom- Ten years later, the EPA imple- tunities and 7,200 hours of what was re- ination. mented national standards across the ferred to as ‘‘white-collar’’ jobs. I appreciate, again, everyone who has United States, saving a tremendous Most importantly, the environmental been part of facilitating another very amount of energy, sustaining our pre- laws that the EPA enforces protects late night on the floor. cious environment and resources for fu- the health of future generations. Mr. President, I yield the floor. ture generations, and providing finan- Science has shown that children living I suggest the absence of a quorum. cial benefits for families and house- in communities with a higher con- The PRESIDING OFFICER. The holds across the country. centration of particulate matter devel- clerk will call the roll. To put it into perspective, one of the oped respiratory difficulties and those The senior assistant legislative clerk national energy standards for refrig- children living in regions with higher proceeded to call the roll. erators—that was the result of a policy ozone levels were more likely to de- Ms. HARRIS. Mr. President, I ask initially enacted in California—has velop asthma and miss school. unanimous consent that the order for saved more than 130,000 megawatts of This is only a small part of the im- the quorum call be rescinded. electricity to date. This is equivalent pact that ignoring the protections of The PRESIDING OFFICER. Without to the production of energy that rough- our environment can cause to the ones objection, it is so ordered. ly 250 powerplants might produce. This we love most. On that point, of chil- Ms. HARRIS. Mr. President, I come example is not a rare occurrence. En- dren missing school because of health to the floor to convey my wholehearted ergy policies have continued to be concerns, there is a significance to this opposition to the nomination of Scott adopted from smart initiatives started because of a connection between what Pruitt as Administrator of the U.S. En- in various States. we need to do to educate our popu- vironmental Protection Agency, the Starting as early as 1978, California lation and also what we see in the EPA. passed an energy efficiency standard criminal justice system. The EPA, at its core, is an Agency for newly constructed buildings. This For example, it is well known and es- established to protect the environment standard is now adopted not only in tablished the significance of a third grade reading level. By the end of the and the public health of our Nation. our Nation but worldwide. The State third grade, if the child is not at the This Agency looks to establish policies legislature listened to the objective third grade reading level, they literally and guidelines that would benefit all and factual data from scientists on the drop off because, when we think about Americans—and in essence is not an dangers of climate change and, as a re- it, we know before third grade a child Agency of partisanship. In fact, the sult, passed the California Global is learning how to read, and then com- EPA was created through legislation Warming Solutions Act of 2006, which prehension kicks in, and they are read- led by a Republican President, Richard requires California to reduce its total ing to learn. If they have not learned M. Nixon, and enacted by a bipartisan greenhouse gas emissions by 2020. We how to read, they cannot read to learn Congress in 1970. created the California Cap-and-Trade and they drop off. The EPA has a duty to protect the Program, which implemented an inno- What is the connection between that air we breathe, the water we drink, and vative, market-based system to allow and the concern we have about pollu- the environment we hope to pass on to companies to continue to produce tion in the air and water? Well, there is future generations. In accomplishing while also helping to reduce emissions; a connection between pollution in the this mission, it enforces some of our instituted a low-carbon fuel standard, air and asthma rates. Asthma causes most valued laws like the Clean Air which reduced the carbon intensity of children to miss school. What we know Act and Clean Water Act, which have all transportation fuels in California. is that we have seen that an elemen- been in effect for more than 30 years. We passed the Sustainable Commu- tary school truant is three to four Unfortunately, this President asked nities and Climate Protection Act of times more likely to be a high school the U.S. Senate to confirm a nominee 2008, which urged local transportation dropout; 82 percent of the prisoners in who has dedicated his career to under- planning agencies to consider the the United States are high school drop- mining the very Agency he is asked to statewide greenhouse reduction stand- outs; African-American men between lead. Mr. Pruitt’s record and consistent ards and goals in their long-term trans- the ages of 30 and 34, if he is a high failure to commit to being a fair Ad- portation plan, and we set a renewable school dropout, is two-thirds likely to ministrator of the EPA further dem- portfolio standard, which implored re- be in jail, have been in jail, or dead. onstrates that the Trump administra- tail sellers of electricity to provide 33 There is a real connection between ele- tion’s agenda is to weaken protections percent of their electricity from renew- mentary school truancy and what we that guarantee every American access able resources by 2020 and 50 percent by see in public safety systems. What we to clean air and clean water. From his 2030. also know is that it costs money when actions as attorney general of Okla- We are proud indeed of what we have children miss school. It costs us money homa up to his testimony at his hear- accomplished in California, but the im- in terms of the money that schools ing before the Environment and Public portance of this issue goes beyond just miss out on because they are not being Works Committee, it is clear Mr. Pru- the environment. It is an economic reimbursed for attendance every day. itt is simply unqualified. issue, and it has been undeniable in All of these issues are connected. I express my strong concerns, as a helping California grow to be the sixth As a former attorney general, I have Senator from California, a global lead- largest economy in the world. Cali- worked to enforce California’s cutting- er in environmental protections that fornia shows that a healthy environ- edge environmental laws. This is what allow our 39 million residents to live ment and a healthy economy and the an attorney general should do and is healthy lives. It is my hope that with choice between the two is a false obligated to do as a representative of similar smart Federal regulations, choice. We can have both. From 1990 to her State. Without reservation, I can which are led by the EPA, our Nation 2014, California’s population and econ- say I am proud of the work of my of- can enjoy these same benefits that I omy grew while achieving a 36-percent fice—of my former office, the Cali- have seen Californians experience first- drop in emissions per gross domestic fornia Department of Justice, and the hand. product. This clearly demonstrates work that is happening and has hap- Californians have always been and that you can successfully have eco- pened throughout the years doing the will continue to be proud of our envi- nomic growth and reduce carbon inten- right thing for the people of the State ronmental leadership. In 1977, Cali- sity. The State has done a great job of and for the environment.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.191 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1355 In February of 2011, I filed an amicus protect States from what he believes is 2008 to require more space in cages for brief in the Ninth Circuit Court to sup- ‘‘overreach’’ of the Federal Govern- egg-laying hens. That measure, Cali- port the efforts of the Port of Los An- ment. His commitment to what he fornia proposition 2, prohibited the geles to reduce air pollution through would call States’ rights is so strident confinement of hens used to produce its Clean Trucks Program. In 2011, I that a December 6, 2014, New York eggs in California in any manner that had the pleasure of being a voice to Times article reported that Mr. Pruitt does not allow them to turn around protect an area of Southern California has a painting in his office ‘‘that shows freely, lie down, stand up, and fully ex- known as Mira Loma Village, a town of local authorities with rifles at the tend their limbs. The law is popular, hard-working people, by representing ready confronting outsiders during the and it was passed by the voters in my them in a lawsuit to assure that a land rush era.’’ He also established State by 63.5 percent. In 2010, the Cali- project would not significantly deterio- what he described and named as a Fed- fornia Legislature expanded that law rate the air quality in their commu- eralism Unit in the Oklahoma attorney to make it so that it applied to all eggs nity. general’s office that was committed to sold in California. I had been hearing stories of the fighting against Federal regulations. Mr. Pruitt joined a lawsuit suing grandmothers in that community for When he came before the Environment California over this law, presumably years asking that they would be heard. and Public Works Committee for his because he did not like that a regula- I had been hearing for years, before I confirmation hearing, of which I am a tion approved by our voters and af- visited Mira Loma, about the fact that Member, Mr. Pruitt stated that ‘‘it is firmed by our State legislature would studies showed the children of that our state regulators who oftentimes do a good job. He just didn’t like it. Mr. community had the lowest rate of lung best understand the local needs and Pruitt’s case was ultimately rejected development of any region in that part uniqueness of our environmental chal- by the Federal appellate court because of California. There was a serious con- lenges.’’ He then went on to speak his lawsuit failed to demonstrate how cern about the pollution in the air and about how States ‘‘possess the re- the California law presented a harm to the children of that community and sources and the uniqueness of our envi- his State. You would think that a their ability to be healthy. ronmental challenges.’’ States’ rights proponent would appre- So this is what we did and what I was These statements might lead one to ciate that one State passes a law and it able to do as the attorney general of believe that Mr. Pruitt would be in should be respected, especially when it the State that year. We met them with support of any opportunity possible to doesn’t create any harm to his own the developers in that community, we give power back to the States to create State, but that was not the case. sat down, and we had some tough dis- environmental regulations. However, Mr. Pruitt has filed seven lawsuits cussions, but we agreed that there had when I asked Mr. Pruitt at the com- against the EPA that have since been to be mitigation. They had to reduce mittee, when he came before us, if he settled. In those lawsuits, he opposed the emissions in that community that would commit then to upholding Cali- the Clean Power Plan and the Clean resulted in the public health problems fornia’s right to set its own vehicle Water Act. He sued over regulations to for that community. Two years later, emission standards, he would not com- make electricity-generating power- that resulted in the city and the devel- mit to doing so. plants install technology to curb air oper moving forward with the project I will remind this body that the EPA pollution. He sued over a plan to re- while implementing measures to pro- has a long tradition of respecting Cali- duce pollution from coal-fired power- tect the residents from being exposed fornia’s and other States’ ability to set plants and a regulation aimed at reduc- to diesel contamination. Litigation higher standards where they can con- ing greenhouse gases. He sued and filed was critical. The role of the attorney trol the emissions and the greenhouse a lawsuit that claimed that the EPA general to be able to intervene and be gas emissions that as we have men- encourages environmental nonprofits a voice for that community and so tioned before, directly have an impact to bring lawsuits. many voiceless and vulnerable people on the health and well-being of the It is important to know that Mr. Pru- was critical. residents of our State and particularly itt lost six out of those seven lawsuits. In June of 2014, as attorney general of the children and the elderly of our Mr. Pruitt is a baseball fan, as am I. I California, I publicly opposed the lack States. love my Giants. I find it hard to believe of environmental review for the expan- Under the Clean Air Act, California that my San Francisco Giants would sion of a Chevron refinery project in a has set its own standards for how it look at a hitter who slogged through place called Richmond, CA, and de- wants to regulate vehicle emissions. spring training with a .142 batting av- manded they consider the public health We have done this for decades now, and erage and have no concerns whatsoever of the nearby residents. previous EPA Administrators have calling him up to the big league roster. These are examples of the role and upheld California’s right to set them. Why does the U.S. Senate have a lower responsibility of a State attorney gen- Although there is precedence for standard for reviewing a nominee who eral to take seriously their oath in doing so, Mr. Pruitt would not commit would be charged with safeguarding terms of protecting the health and wel- to granting California the waiver to human health and our environment? fare of the residents of their State. I allow my State to continue to set its What about the opportunities Mr. offer these examples to further support own vehicle emissions standards. This Pruitt has had to defend the interests the concerns we have that this nomi- is simply unacceptable. of the people he was elected to rep- nee—when he has held such an impor- This is a blatant double standard for resent? What about issues that directly tant position and has taken an oath to someone who claims to be committed impact the people of Oklahoma? represent the people—has failed to per- to breaking down regulations at the In 2011, 49 States signed on to a $25 form his duties. I would suggest that Federal level and giving power back to billion mortgage settlement. There was his past is prologue for the future. His the States. In fact, it makes me wonder only one State’s attorney general who past is an indication of what he will do how truly committed Mr. Pruitt is to decided not to sign on. I think you if he is confirmed as the next head of States’ rights or if States’ rights are know where I am heading. That one at- the EPA. just a convenient argument for him in torney general was Scott Pruitt. Mr. I would hope that instead we would order to pursue actions that are bene- Pruitt said he didn’t think it was the have a nominee—someone who would ficial to industries that pollute instead appropriate role of the State attorney head these most important agencies in of the residents and the people of his general to advocate for the home- our government—who could say the State and, by extension, our country. owners of their States but wanted to be same thing about their record as I am Just look at his record as attorney sure to protect the banks instead. proud to say about the record of the general of Oklahoma, a position he As a former State’s attorney general, California Department of Justice. used to challenge the laws of other I am here to say that the role of an at- In my opinion, our current nominee States. As attorney general, he chal- torney general is to represent the peo- cannot in good conscience speak to the lenged a California law when he joined ple of your State. When an injustice is same type of record. Instead, Mr. Pru- a lawsuit that targeted a referendum committed to one person, an injustice itt has talked about how he wants to that California’s voters approved in is committed to all of the residents of

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.193 S16FEPT2 S1356 CONGRESSIONAL RECORD — SENATE February 17, 2017 your State. In fact, after doing the as Oklahoma attorney general unless You are a Giants fan. The leadership in work of an attorney general over the required to do so by the Ethics Com- baseball is critically important. It is course of 7 years in California, I will mission. important to have good infielders, good tell you that every time we filed a suit, I asked him about this during our outfielders, good pitchers, catchers, that document, that complaint never hearing at the Environment and Public and so forth. What is really important read the name of the victim versus the Works Committee. I asked him if he is to have great leadership and great name of the offender. It always read would be willing to recuse himself not- leadership in terms of the coaching the people versus the offender because withstanding a finding by the Ethics staff. Leadership is always the most in our system of democracy and in our Commission but based on what is right important ingredient in every organi- system of justice as a country, we have and an appearance of conflict. He zation I have ever been a part of. rightly said that a harm against any agreed, after many questions, that he The Tigers just lost their owner, one of us is a harm against all of us. has the discretion—regardless of ac- Mike Ilitch. He was a legendary figure Mr. Pruitt has failed to appreciate the tion, regardless of waiting until the in Detroit in baseball. He passed away significance of that point. Ethics Commission rules—to recuse earlier this week at the tender age of He has developed a long list of law- himself from those lawsuits that he as 86. It is a big loss for Motown and, suits filed. Through all of that litiga- attorney general of Oklahoma brought frankly, for baseball. tion, he has delivered very little for the against the Agency he wants to lead. In terms of leadership, we wouldn’t people of Oklahoma—the very people He agreed he had the discretion and yet want to hire somebody to coach a base- who elected him to represent them. failed to agree that he would exercise ball team who was a football coach or Why should we expect that he will pro- that discretion and recuse himself be- someone who is great with a basketball tect the interests of all Americans and cause of an appearance of a conflict. team. I don’t doubt that Scott Pruitt a the environment we all share? That is simply unacceptable. skillful lawyer. I met his family. I like During his 6-year tenure as attorney It is so important that in our govern- him. I think he is arguably a good dad general of Oklahoma, Scott Pruitt ment, the public has confidence in us, and a good husband. But it is a little stated only in one instance—a lawsuit that they trust we will do the right bit like asking a pacifist to lead some- against Mahard Egg Farm—could he thing, that they trust we will use our thing like the Department of Defense— recall initiating an independent law- discretion in an appropriate way. But may be a skillful person but maybe suit as attorney general against pri- this is a nominee who has asked us to just not the right person to do a par- vate air polluters. It was later revealed trust him to lead the EPA, the people’s ticular job. that even this claim was misleading, Agency that has been charged with I thought you outlined that very and it turned out it was his predecessor protecting the resources that are vital well. I wanted to say welcome to the who had done the legwork and initiated for all human life. A nominee who has big leagues. We are going to learn a lot the proceedings, along with the assist- failed to represent his own constitu- from you. ance of the EPA. ents’ interests by making a career of I yield back. In the 2014 New York Times article, partisanship is not the right nominee The PRESIDING OFFICER. The Sen- it was reported that Mr. Pruitt used his for this office, period. He is a nominee ator from Colorado. official position as Oklahoma attorney who has lobbied for corporations in- Mr. GARDNER. Mr. President, I general to protect the interests of a stead of the people he was charged with come to the floor today to speak on the private gas and petroleum company, representing. He is a nominee who has nomination of Scott Pruitt to be Ad- Devon Energy, not the people of Okla- a clear record of using his position in a ministrator of the Environmental Pro- homa. Using his official government way that has not been in the best inter- tection Agency, whom I intend to sup- position, Mr. Pruitt sent a three-page est of the people he serves. letter to the EPA stating that Devon There is evidence, unfortunately, of port. Energy did not cause as much air pol- his record that is before us as a body. Over the past several weeks, we lution as was calculated by Federal We should take heed of this evidence. heard a number of Senators come to regulators. We should pay attention to it, and we the floor hour after hour, 24-hour ses- In open records of exchanged emails should not confirm this nominee to be sions through the night—1 o’clock, 2 between Devon Energy and the Okla- the next head of the EPA. o’clock, 3 o’clock, 4 o’clock—in the homa attorney general’s office, it was I yield the floor. morning and beyond, to complain discovered that the lawyers at Devon The PRESIDING OFFICER. The Sen- about this nominee or that nominee, to Energy were the ones who actually ator from Delaware. express their concern about this nomi- drafted the letter and that Mr. Pruitt Mr. CARPER. Mr. President, I lived nee or that nominee. In fact, many used a nearly identical letter to ex- in Palo Alto Park, that part of the times I think the only reason there is press it as his State’s position. Fol- State. The Naval Air Station was opposition to a nominee is that they lowing the letter, Devon Energy wrote there. It used to be called Moffett disagree with a nominee because it to his office: Field. It is still there. I remember the wasn’t Hillary Clinton who made the Outstanding! The timing of this letter is hangars that we used during the time nomination. great given our meeting with both the EPA we served on Active Duty. We have heard countless people come and the White House. I had the privilege of knowing a num- to the floor today to talk about their ‘‘Outstanding,’’ the energy company ber of attorneys general from Cali- opposition to the Trump administra- said—not the people of the State of fornia, and we are very pleased to be tion EPA. I have a picture on the floor Oklahoma. able to welcome Senator HARRIS to our that shows the Obama EPA. This is a It is also unclear how far this abuse floor. Yesterday she gave her maiden river in Colorado, enjoyed by thou- of power has gone. A lawsuit by the address on the Senate floor. sands of people each and every sum- Center for Media and Democracy has Thank you. mer. This is a picture of that same been filed in an Oklahoma district She is pretty good. river under the Obama EPA. This was court to release information on Mr. I would say that you are even better caused by 800,000 pounds of mineral and Pruitt’s dealings as attorney general. than I thought. That was wonderful. other waste going into the river be- It is with great concern that we would Those were wonderful comments. I cause of a mishandled EPA project. try to rush this nomination without know our Presiding Offerer is also the This wasn’t Scott Pruitt. This wasn’t these records coming to light. Senators chairman of our committee and prob- Donald Trump. This was the Obama should have all the facts before us be- ably is not enjoying your comments as EPA that did this. I only wish that my fore we vote. much as I am, but I thought you were colleagues who have come to the floor Should Mr. Pruitt be confirmed as evenhanded and fair in sharing that. for the past several hours had shown EPA Administrator, I am deeply con- The Presiding Officer is a pretty good similar outrage when the Obama EPA cerned that he has refused to use his friend of mine, and I don’t know if he did this to Colorado—inflicted this discretion to recuse himself from liti- is a big baseball fan. I am. I love kind of damage on people in South- gation he was involved with in his role sports. I am a huge Detroit Tigers fan. western Colorado in the Gold King

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.195 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1357 Mine spill. You want to talk about pro- Administrator McCarthy called me Good Samaritan legislation would tecting States? Why didn’t we stand up last month, just before the news broke allow Good Samaritans, like the min- and protect this river? that the EPA would not be processing ing industry, State agencies, local gov- On August 5, 2015, the EPA caused the claims of dozens of individuals and ernments, nonprofits, and other groups this spill. They admit they caused this businesses in Southwest Colorado the ability to clean up the environment spill, dumping 3 million gallons of under the Federal Tort Claims Act and improve water quality conditions toxic waste into Cement Creek and against the Federal Government. The around abandoned mines. According to into the Animas River. Most Ameri- spill occurred in August 2015. Over a the Government Accountability Office, cans remember seeing this river. Most year later, and in the waning days of or the GAO, it is estimated that there Americans remember seeing pictures of the Obama administration, they turned are more than 160,000 abandoned hard- what this river looked like across their backs on their promises they rock mines that exist across the United newspapers, across television stations made to Colorado and notified us in the States, and at least 33,000 of these in August of 2015. When I visited South waning hours of an administration say- mines pose environmental or safety Korea, the President of South Korea ing: I am sorry. We are not going to concerns. asked me: How is the river in Colorado help the individuals who are harmed. One of the immediate actions we can that the EPA dumped toxic sludge This refusal to compensate for the spill do in Congress to address this toxic into? is unacceptable and wholly incon- waste and improve our environment is In fact, I saw this picture on the news sistent with the EPA’s commitment to to pass Good Samaritan legislation. It just a couple of days ago. Somebody take full responsibility with the has been decades that this Congress was using it to complain about the States, local and tribal governments has tried. It has been decades that this Trump EPA administration. Somebody and communities. Congress has failed. It is time to start was using it to attack Scott Pruitt. This past election, voters said they succeeding and time to start cleaning This picture had nothing to do with wanted something different from the up the environment. Scott Pruitt. This was the EPA led by last 8 years in Washington because The last time the Environment and Gina McCarthy. My response to the what they experienced was not working Public Works Committee was able to spill was that the EPA should be held for the people—broken promise after advance legislation on Good Samaritan accountable to the same level at which broken promise. A year and a half ago, was in 2006, from my predecessors, Sen- the EPA holds private businesses ac- the EPA caused the Gold King Mine ators Wayne Allard and Ken Salazar. countable. I think that is a pretty good spill, and the past administration re- Unfortunately, since 2006, this concept standard. But if the EPA is going to fused to make it right for Colorado. has been unsuccessful and caught in make sure that somebody lives up to a The status quo at the EPA is not ac- partisan politics. It is time to take steps forward for standard, then the EPA should live up ceptable because broken promises are facilitating cleanup of the Nation’s to the same standard—that basic the status quo. standard for the EPA, because the I have had earnest conversations abandoned mines to prevent more spills Agency caused this spill, and it simply with Mr. Pruitt over the past several like the Gold King Mine. I have secured the commitment from must apply the same requirements to weeks about my sincere disappoint- Scott Pruitt to work with me on this itself that it does to a private com- ment about those broken promises, legislation at the EPA to get this done, pany. what we had to go through in Colorado, to work with both sides of the aisle to So it was with great disappointment, and what businesses had to go through accomplish something, so that we can but very little surprise, that, when the in Colorado as a result of the EPA prevent this from happening. I am not EPA decided to not subject itself to spill. going to stop working until our con- those same standards, they walked You can imagine that in an area that stituents are made whole from the away from the promises they made. is reliant on tourism, what photo- EPA-caused spill at the Gold King Sure, the EPA had standards under graphs of this in headlines across the Mine. I am not going to stop working Barack Obama. They were double country and in nightly news stories until we pass—and we have to continue standards. The Obama administration can do to a tourism-based economy. working to pass—the Good Samaritan EPA’s refusal to not receive and proc- Those kayakers we saw in this chart legislation. ess the personal injury or economic had to shut the river down. Outfitters The 33,000 mines that pose a risk to loss claims arising out of this spill of weren’t allowed to be on the river. Dol- the West is unacceptable. Our citizens, the Gold King Mine in Southwest Colo- lars were lost because guides couldn’t our pristine environment, our water- rado is appalling. I simply wish the get out there. Booked trips that had al- ways, our children—this wasn’t Scott outrage was there when the EPA ready been paid for had been canceled. Pruitt. This wasn’t Donald Trump. walked away from the people that it People didn’t go because of the EPA’s This was an EPA under the previous had injured in Colorado. We haven’t spill. The EPA’s refusal to pay for lost administration, led by Gina McCarthy heard talk about it here. property, lost economic opportunity, and President Obama, that walked We have heard a lot of complaints and lost business opportunity is simply away from the people of Colorado and here, but nobody is saying they should unacceptable. the promises made. And it heartens me be paying for the damage in Colorado In the earnest conversations I have greatly to know, at least, that we have they created. After all, we are dis- had with Scott Pruitt, he has promised an administration that will move away cussing the EPA, which with the strike to make it right. He has promised to from every promise abandoned to ful- of a pen, and oftentimes with very lit- stand up for the people in Colorado. He filling the promises of protecting our tle input from those people who would has promised that he will make amends environment. be affected, uses overly burdensome and pay for the damages that the I yield the floor. regulations and a heavyhanded enforce- Obama administration refused to pay The PRESIDING OFFICER (Mr. ment to punish private businesses. for. He assured me that he is going to DAINES). The Senator from Illinois. Despite the assurances and promises make it right, that he is going to work Mr. DURBIN. Mr. President, before I of the then-EPA Administrator Gina with the people the EPA injured and make a statement on Scott Pruitt, to McCarthy that the Agency takes full those who experienced economic losses my colleague and friend from Colorado, responsibility of the Gold King Mine and make sure that they are fully com- I couldn’t agree with you more. What spill, the Agency in 2017—weeks ago— pensated. He agreed to come to Colo- happened in Colorado was an environ- turned its back on the promises it rado shortly after his confirmation to mental tragedy, and we saw the photos. made and denied paying claims for the make sure that the people of Colorado It is horrible. I don’t know who is re- harm they caused Coloradans. Prom- know that he will fulfill the promises sponsible for it, but it appears to be a ises were broken to our neighbors that were failed under the Obama ad- government agency, and they should be downstream in New Mexico and Utah, ministration. held accountable. I will join you in including the Southern Ute Indian I would also like to talk about an- that effort. I don’t think there is any Tribe, the Ute Mountain Ute Tribe, and other top legislative priority of mine— Member who wouldn’t join you in say- the Navajo Nation. passing Good Samaritan legislation. ing there ought to be justice done here.

VerDate Sep 11 2014 01:54 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.197 S16FEPT2 S1358 CONGRESSIONAL RECORD — SENATE February 17, 2017 We shouldn’t let them off the hook be- mining companies could dump into riv- just that for below the surface of the cause they are EPA employees or em- ers and streams from their mining op- land. They ripped out the coal and left ployees of the Federal government. erations. What was the fear? The debris the mess behind for future generations. But I don’t understand the leap in in toxic waste that they would dump in It was horrible—a horrible environ- logic from that position to Scott Pru- the rivers would end up killing rivers, mental disaster. They walked away itt. Scott Pruitt is a man who, as at- just like the river that the Senator from them after they made the money. torney general of Oklahoma, has filed from Colorado has given a speech on. They went out of business and left that more than 14 lawsuits to restrict the I might add that he voted to repeal mess behind for the next generation or authority of the EPA to clean up riv- that rule. So now we have the Presi- the one beyond it. ers. dent of the United States saying we are I am all in favor of mining. Fun- Mr. GARDNER. Will the Senator going to revitalize the mining economy damentally, there is nothing wrong yield? by eliminating a rule that restricts with it at all. But responsible mining Mr. DURBIN. I am happy to yield for mining companies from dumping debris means that you are responsible when it the purpose of a question. and toxic waste into rivers and comes to the environment. You just Mr. GARDNER. To the Senator from streams. Now, that doesn’t follow. don’t make your money and leave, you Illinois, the EPA admits they caused If you are dedicated to keeping our accept the responsibility to leave be- this spill. Does the Senator from Illi- rivers and streams healthy and pure hind something that is as good as or nois realize that the EPA then failed to and reliable sources for safe drinking better than the way you found it. It is live up to that promise? water, you don’t do what President known as stewardship. It is Biblical. Mr. DURBIN. I said to the Senator Trump did yesterday. You don’t do This is kind of a moral responsibility from Colorado that I will join you. If what the Republicans in the Senate did which we accept on this Earth that we the EPA is responsible for this spill, just a few days ago and remove this live on, to leave it better than we then I will stand with you. Justice rule. I struggled to understand. found it. The Environmental Protec- should be done. I see my friend from Delaware is tion Agency is there for that purpose. The point I am making to you is that here. The Senator and I have been in I would say to the Senator from this leap of logic then—to put Scott this business for a long time together. Delaware, they did a survey in Chicago Pruitt in charge of the EPA—is really I won’t say how many years. a few years ago. They asked the people taking away the power of this Agency He knows, I know, and some others of Chicago: What is the one thing to avoid that kind of environmental know, but most people would be sur- unique and defining about that city? disaster. prised of the following: Which Presi- Overwhelmingly, the response was Mr. GARDNER. Will the Senator dent of the United States created the Lake Michigan, as it should be—this yield for a question? Environmental Protection Agency? magnificent great lake which borders Mr. DURBIN. I will be glad to yield Richard Milhous Nixon, 1970. A Repub- the city of Chicago. for a question. lican President created this Agency It is a source of so much fun and joy Mr. GARDNER. To the Senator from which has become the bete noire for and aesthetic beauty. We look at it and Illinois, the EPA stated that they the Republicans—the most hated Fed- thank the good Lord that we have the caused this spill. Dozens upon dozens of eral agency, created by a Republican good fortune of living, as many of us individuals and businesses filed a claim President. do, part time, full time, right there on against the EPA for damages caused by Why? Because at that moment in the banks of Lake Michigan. a spill that the EPA admits. Scott Pru- time, America was awakening to Ra- It was about 5 or 6 years ago that I itt has said that he will fulfill the chel Carson’s ‘‘Silent Spring’’ and to so heard a story about a ship on Lake promise of paying for those claims the many other factors, when we finally Michigan. It was an auto ferry. It took Obama administration denied. concluded there was something we passengers and automobiles across that Will the Senator agree that the EPA, were doing to the environment that beautiful great lake. It moved them under the last administration, failed to was harmful, not just to the environ- from Wisconsin to Michigan. The name deliver on the promises made of paying ment but to the Earth, which we hoped of the ship was the SS Badger. It had these claims? to leave our children. been around for decades. It was kind of Mr. DURBIN. I reclaim my time and We joined together on a bipartisan an institution. just say this. I do not know the par- basis—this is before I was in Congress— Come the summer months when peo- ticulars. I understand that what you to create this Agency which Scott Pru- ple would cross that lake to head over said is what I read, that it was the itt seeks to lead. Now, what has hap- to Michigan or back over to Wisconsin, fault of some government employee— pened? What has happened is there has they would pile on and bring on their perhaps of the EPA. I don’t dispute been a role reversal here. The Repub- automobiles and families. It was a that fact. If that is the case, then we licans, who used to be part of environ- great excursion. But we came to learn have a responsibility to your State to mental protection and safety, have now that there was another side to the make it whole again. And whoever the abandoned it. story. The SS Badger was the last coal- EPA Administrator is should face that In fact, that is the drum they beat on fired auto ferry on the Great Lakes. It responsibility. I will join you in that most often, when they talk about over- burned coal to run the engine to move effort. regulation, the Environmental Protec- the ship across Lake Michigan. But to go from there to say Scott tion Agency. Yesterday, this Presi- That, in and of itself, raises some in- Pruitt is the man to head the EPA be- dent—28 days into his Presidency— teresting questions about pollution cause he is going to acknowledge this could not wait to sign a rule that al- coming off the smokestack of the SS one fact, is to ignore his record, to ig- lows mining companies to dump toxic Badger. It turned out that wasn’t the nore his position on the environment. waste and debris into rivers and worst part. The worst part is that for The Senator from Colorado, I know streams. You know the argument: It is decades, as the SS Badger trekked has to leave the floor, but I want to just too expensive not to. If we are across Lake Michigan, it not only continue on this vein. Yesterday, the going to make a profit, if we are going burned coal, it dumped the coal ash President of the United States decided to employ people, then you have to let overboard while it was going across the to sign a resolution. He had a big gath- us dump this into the rivers and lake. ering. He had Senator MCCONNELL, the streams. This potentially dangerous and toxic Republican leader and other Members I don’t buy it. The reason I don’t buy coal ash was being dumped into Lake of the Senate and the House. It was a it is that I can remember many years Michigan day after day after day. The big celebration. Representatives of ago, the first time I went across my Environmental Protection Agency mining companies, coal companies, State of Illinois and took a look at came in and gave us the facts. It even mine workers were there cele- abandoned mine lands. These were turned out that the auto ferry, that brating the repeal of an EPA rule. lands that were strip mined, which one ship, was the dirtiest ship on the What was the repeal of that rule? The means they brought in bulldozers and Great Lakes. It created more pollution, repeal of that rule related to what the really just found the coal deposits, not more damage to the Great Lakes and

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.198 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1359 its environment, than any other ship. This was an obvious answer for dec- healthy environment that Americans want Believe me, there are plenty of ships ades, but they would not do it. It took at a price they are willing to pay. We do not that traverse the Great Lakes. This the Environmental Protection Agency believe Scott Pruitt has demonstrated that was the filthiest, dirtiest ship. he has the qualities needed to lead the Envi- to step up and threaten it with a rule ronmental Protection Agency. The EPA said to the SS Badger: We and a fine. Now they are finally doing He was not the only one who wrote to know you employ people. We know you it. perform an important function. But So I say to those who loathe govern- me. I have heard from constituents clean up your act. So what did the SS ment rules and regulations: This was a who believe that sensible environ- Badger do, in light of this EPA finding? good one. For the health of the Great mental regulation is critical for us to have a clean planet to live on and leave Well, they fought them all the way. lakes, for God’s gift to us of that beau- to our kids. Tim Hoellein, a professor They came to Congress and asked that tiful body of water, we did the right at Loyola University in Chicago, con- Congress designate the SS Badger as a thing and the EPA was there to do it. historical monument. A historical Yesterday, when President Trump ducts research on water pollution in monument? Well, it was an old ship. signed this new resolution that re- city environments. He wrote to me and There is no doubt about it. But the no- pealed the rule, he was reversing what said: tion that came from the Congressmen I just described to you. He was saying I note our city, State and county have from Michigan and Wisconsin was, by to mining companies across the United made some major advances toward better in- designating it a historical monument, frastructure and policy for clean water. How- States: Be my guest. Dump toxic waste ever, we are still not meeting our obligations it would be exempt from environ- and debris in our rivers and streams. to our neighbors and future generations by mental protection laws. He did it in the name of job creation. rising to the best standards of water stew- So the dirtiest ship—the SS Badger— We all want to create jobs, but if we ardship. Those gains are at eminent risk on the Great Lakes would somehow are creating jobs at the expense of the with the appointment of Mr. Pruitt to the have historical status and continue to health of rivers and lakes, if we are EPA. pollute Lake Michigan. I thought it creating jobs at the expense of safe Finally, I want to read a letter from was outrageous. A number of us joined drinking water, that is a bargain I will a Chicago resident, Ms. Maureen in stopping that effort. Instead, we said not be part of. Keane. She wrote to me and she said: to the EPA: You have given them years Many times I have had a conversa- I love my country. I love our beautiful en- to clean it up. Now do something about tion with my wife and friends. I guess vironment and my family. We need a strong it. it reflects the fact that we have been advocate for our land and people to head the Next thing, surprisingly, the owner on this Earth a little longer than some. EPA. That person is not Scott Pruitt. Hun- of the SS Badger asked to meet with You wonder out loud. You say: Why in dreds of former employees of the EPA agree me in my office. I said sure. He came in with me. That must mean something. Pruitt the world do we have more autism has a record of doing everything he can to and he said: Senator, we employ 100 today than we once had? Why do we people. We have been doing this for shut down and dismantle the EPA. We need have more cancers than we once had? a strong advocate who has the ability to cre- years. We cannot technologically clean People have a lot of theories. Some of ate a balance between business and our land up the SS Badger. It just can’t be done. them are wild and unfounded. But and people resources, one who can create We would lose too much money. many times people say: Could it pos- strong laws for which businesses can agree I said: I am sorry, but that is unac- sibly be the chemicals in our drinking on and adhere to while protecting our most ceptable. You cannot tell me that be- water? I do not know. precious assets, people, wildlife, and our cause of profitability you need to con- I am a liberal arts lawyer. Don’t get land. tinue to create a bigger mess in the me near a laboratory; I would not She says: Great Lakes than any other ship on the know what to do with it. But it is a le- As someone who grew up surrounded by Great Lakes. gitimate question, whether there is dirty water in the Little Calumet River, next So he went back and lawyered up and to a train yard, and surrounded by onion some contamination in our drinking decided he would fight the EPA. I stood fields with pesticides, I have seen first hand with the EPA, the regional office out of water, which has a public health im- family and neighbors die young from cancer. Chicago. We had a battle on our hands. pact. Someday we may discover that. Please oppose Pruitt if you love America and Isn’t it best for us to err on the side A rule was issued by the EPA. your family. This is a decision that can be I hear so many Republicans come to of keeping our drinking water as safe costly for future generations. the floor bemoaning rules and regula- and clean as possible? I think so. I These letters really are just a hand- tions. Let me join that chorus. Are don’t want to turn on the tap and drink ful of those that I have received on the there too many rules and regs in some the water and think that I am making subject. Scott Pruitt has alarming con- areas? Yes. Are there some rules and myself sicker or more susceptible to a flicts of interest with the oil and gas regs which I could never explain or disease. I sure as heck don’t want to do industry. even try to defend? Certainly. it for my kids and grandkids. What My friend and colleague, Senator But the rules and regulations of the Agency is responsible for that? It turns CARPER of Delaware, has taken on this EPA many times are critically impor- out to be the Environmental Protec- nomination professionally and in the tant. In this case, that was exactly tion Agency. That is the Agency that right way. He has helped us reach a what we found. So the EPA issued a Scott Pruitt seeks to head. point now where we have to say to our rule and regulation that said to the SS He is a terrible choice. I am sorry to friends on the Republican side of the Badger: You have been given years to say that. I shook hands with him once. aisle: Be careful about the vote that clean up, and you will not do it. So now I don’t know him very well. But when you cast at 1 o’clock today, because by the clock is ticking. There will come a you look at what he has done—I think 1 o’clock on Tuesday or Wednesday, in moment when you will be subject to a of a letter I received from Dale Bryson the following week, you may regret substantial fine if you don’t clean up in Illinois. I don’t know him person- that vote. your act. ally. He wrote to me and he said: The reason I say it is that Senator Do you know what happened because Having served under both Republican and CARPER has been working with groups of this onerous EPA regulation? Do you Democratic Presidents, we recognize each trying to get a disclosure of the emails know what happened to the SS Badger, new administration’s right to pursue dif- that Scott Pruitt, attorney general of whose owner said that it was techno- ferent policies or ask that Congress change Oklahoma, had during the course of logically impossible for them to clean the laws that protect our environment. But serving as attorney general, while he EPA’s administrator must act in the public’s up this mess? They came up with the interest and not simply advance the agenda was filing some 14 different lawsuits most basic, simple solution. You won- of any specific industry that EPA regulates. against the Environmental Protection der why they waited so long. They now Mr. Bryson goes on to say: Agency. He was caught red-handed tak- hold the coal ash on the SS Badger as ing a letter written by one of these en- The agency is lucky to have had EPA ad- they go back and forth across Lake ministrators, Republicans and Democrats, ergy companies and changing the let- Michigan. They remove it once they with the patience, skill and commitment to terhead and calling it an official state- get to shore and put it into an environ- public service that is needed to steer through ment from his own attorney general’s mentally acceptable waste disposal. these challenges and deliver the clean and office. So he clearly has a comfortable,

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.200 S16FEPT2 S1360 CONGRESSIONAL RECORD — SENATE February 17, 2017 if not cozy, relationship with the en- What a sweetheart deal. I used to be After the election, Trump moderated his ergy companies. That, in and of itself, a trial lawyer. This would be the an- tone, saying he has an open mind about cli- is not condemning or damning, but if it swer to a prayer. I get to be the plain- mate change. His appointment of Pruitt, ends up that he is seeking this position tiff and the defendant and the judge? however, suggests that if he’s open to any- thing, it’s strictly more pollution. to advocate their political position, Scott Pruitt wants to protect his rather than to protect America’s envi- right to do that so he can continue to They go on to say: ronment, that is a relevant issue. protect the special interests he rep- The EPA is all about science. Someone who doesn’t believe in science can’t do the Senator CARPER has been working resented as attorney general of Okla- job. with groups night and day to get dis- homa. closure of emails that were sent to Common sense suggests to any law- His appointment would send a mes- Scott Pruitt and sent by him between yer licensed to practice in America sage to the rest of the world that the oil and gas companies and other energy that this is a conflict of interest which United States is not a partner in ef- companies to determine whether there needs to be avoided, but Scott Pruitt forts to reduce emissions of greenhouse are any conflicts we should know about says: No, they have to go forward, and gases. The damage could be incalcu- before giving him this job. I have to win this lawsuit. lable. I understand that late this morning, You know what, I think he is going If a house divided against itself could our Senator from Oregon, Mr. to win the lawsuit if he doesn’t recuses not stand, neither can a government MERKLEY, may be coming and asking himself. agency. for us to postpone this vote until these We need to ensure that the EPA has When you listen to what Scott Pruitt emails are publicly disclosed. Is it 5, 6, strong leadership, that it is dedicated has said about science, you realize this 10 emails? I think it is thousands, isn’t not to energy companies, not to oil man has no business heading up the it? Some 3,000 emails. companies, not to gas companies but to Environmental Protection Agency. The Republican Senators and Sen- protecting all Americans. Literally, Listen to what he said in February ator MCCONNELL have said: We don’t lives depend on it. 2012: The amount of human exposure to want to read them. We don’t care what President Donald Trump has chosen mercury from U.S. powerplants is is in them. It doesn’t make any dif- not just a man with an extraordinary small. ‘‘Human exposure to ference if there is a conflict of interest. amount of conflicts of interest but a methylmercury resulting from coal This is Scott Pruitt. He is our man. person who is a climate-denier. He said fired EGUs is exceedingly small.’’ President Trump wanted him. We don’t some things that are nothing short of Here is what the scientists say: want to read the facts. We don’t want amazing. As a result of these long-term mercury in- to know the evidence. We just want to Look at this quote by Scott Pruitt, puts [from coal-fired electric utilities], there are hotspots and whole regions, such as the give a good, loyal vote to our Presi- candidate for Administrator of the Adirondacks of New York, the Great Lakes dent. EPA: region of the Midwest and large portions of I don’t think that is the way we The debate about climate change is just the Southeast where the fishery is contami- should meet our responsibilities in the that, a debate. There are scientists that nated with mercury. . . . There are more fish Senate. This thoughtful and sensible agree, there are scientists that don’t agree, consumption advisories in the U.S. for mer- thing to do is to postpone this vote to the extent of man’s contribution and cury than all other contaminants combined. until we return. We are going to be whether it is even harmful at this point. The source of this scientific state- gone next week because of the Presi- Really? So 98 percent of scientists— ment: Dr. Charles Driscoll from Syra- dent’s recess. Scott Pruitt can wait 10 98 percent—have said that something is cuse University. days, and we can wait for the truth, happening to this world, and human ac- Here is what Mr. Pruitt said about can’t we? tivity is the reason, 98 percent of them. mercury and air toxic emissions from The Environmental Protection Agen- Greenhouse gas emissions, carbon in power plants: ‘‘Finally, the record does cy will continue to do its business with our atmosphere, obvious changes, gla- not support EPA’s findings that mer- its professionals, but before we put him cial melts, the rising of the oceans, ex- cury, non-mercury HAP metals, and in the job—which we may come to re- treme weather conditions that we are acid gas HAPs pose public health haz- gret in just a few days—shouldn’t we facing—just a casual observer would ards.’’ take the time to do this and do it understand that is a reality, but not Here is what the scientists say: thoughtfully? this man, not the man who seeks to ‘‘There is no evidence demonstrating a As Oklahoma attorney general, he head the Environmental Protection ‘safe’ level of mercury exposure.’’ sued the EPA 14 times. He was often Agency. To him, it is still being de- Source of that statement: Dr. Jerome partnering with the very industries he bated. Paulson from the Council on Environ- is now being called on to regulate. He is in this rarified group with mental Health, American Academy of Though some of these lawsuits are still blinders. You see him here with his Pediatrics, before the Senate EPW ongoing, he will not even commit to glasses. He wants to put on blinders Committee. recuse himself. when it comes to climate change. And Scott Pruitt isn’t quite sure if mer- He was asked during the course of his this is the man President Trump has cury is really that dangerous. Sci- hearing: As attorney general of Okla- chosen to head up the Environmental entists disagree. homa, you sued the EPA. The EPA, as Protection Agency? Mr. Pruitt, when talking about the an Agency, has the first level of admin- The Chicago Sun Times, on December benefits from cleaning up powerplant istrative hearing on those lawsuits. 8, had an editorial entitled ‘‘Foe of mercury emissions: The benefits of Will you, if you become Administrator EPA is wrong person to lead it.’’ Here cleaning up powerplant mercury are and Secretary of the EPA, commit to is what they said: ‘‘too speculative,’’ said Mr. Pruitt, and recuse yourself from those lawsuits Unfortunately, President-elect Donald ‘‘not supported by the scientific lit- you filed? Trump has appointed Scott Pruitt, an open erature.’’ Concluding, ‘‘EPA cannot He said: No. foe of environmental initiatives, to head the properly conclude that it is ‘appro- That means he could have a very in- U.S. Environmental Protection Agency. priate and necessary’ to regulate haz- teresting position when those lawsuits That demonstrates a callous disregard for ardous air pollutants under section come up for consideration. He will be the health of our nation and planet just as 112.’’ rapid technological advances hold out hope the petitioner and the plaintiff; Scott for avoiding the worst effects of climate That is a statement from Scott Pru- Pruitt, attorney general of Oklahoma. change. itt’s legal brief in Murray Energy Cor- He will be the defendant; Environ- The U.S. Senate should reject Pruitt. poration v. EPA, November 2016. mental Protection Agency, Scott Pru- They go on to say: What do the scientists say about Mr. itt, Administrator, and Secretary. He Pruitt’s observations? ‘‘U.S. efforts to During his campaign, Trump said he would will also be the jury; the Environ- dismantle President Barack Obama’s envi- reduce mercury emissions, including mental Protection Agency, headed up ronmental policies and pull the United from power plants, are benefiting pub- by Scott Pruitt in his administrative States out of the 195-nation Paris accord to lic health much faster than could have capacity. reduce greenhouse gases and climate change. been predicted in 1990.’’ Source of that

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.202 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1361 statement: Dr. Lynn Goldman, dean of scientific fact. What has he said about man in charge of the EPA who is going Milken Institute School of Public the debate over climate change? He to add to the climate change problem Health, George Washington University, said: in our world, who is going to diminish January of this year. The debate about climate change is just the reputation in the United States on Here is what Mr. Pruitt had to say that, a debate. There are scientists that fighting this on an international basis, about the debate over whether climate agree, there are scientists that don’t agree, and who is going to kowtow to special change is real: to the extent of man’s contribution and interest groups, which has been shown whether it is even harmful at this point. Global warming has inspired one of the over and over again when it comes to major policy debates of our time. That de- Again, this is from the ‘‘Exploring his service as the attorney general in bate is far from settled. Scientists continue Energy’’ radio program show in May of the State of Oklahoma. to disagree about the degree and extent of 2016. Mr. President, I ask unanimous con- global warming and its connection to the ac- What do the scientists have to say sent to have 5 minutes to make a state- tions of mankind. That debate should be en- about that? ment on a separate topic. couraged—in classrooms, public forums, and It is clear from extensive scientific evi- The PRESIDING OFFICER. Without the halls of Congress. dence that the dominant cause of the rapid objection, it is so ordered. change in climate of the past half century is That quote is from an article in the INVESTIGATION INTO RUSSIAN INVOLVEMENT IN human-induced increases in the amount of National Review, May of 2016. U.S. ELECTION atmospheric greenhouse gases, including car- What do scientists say about Mr. Mr. DURBIN. Mr. President, yester- Pruitt’s observation? ‘‘The scientific bon dioxide (CO2), chlorofluorocarbons, methane, and nitrous oxide. day the President of the United States understanding of climate change is now had a long and eventful press con- The source of that statement: The sufficiently clear to justify taking ference—77 minutes—talking about the American Meteorological Society, steps to reduce the amount of green- issues before us in this country and his 2012—5 years ago. house gases in the atmosphere.’’ administration. He referred to his ad- That was a statement from the U.S. What Mr. Pruitt says about how rea- sonable minds can disagree on climate: ministration as ‘‘a fine tuned ma- National Academy of Sciences in 2005— chine.’’ That was his 28th day in office. 12 years ago. Twelve years later, Scott How [climate change] is happening, if it is, I will observe the following: This so- clearly is subject for reasonable minds to Pruitt is still wrestling with whether called fine-tuned machine was forced this is a problem. disagree. Whether man is contributing to it or not. to dismiss the Acting Attorney General How about Mr. Pruitt, when it comes Again, this is from his ‘‘Exploring of the United States in the first 3 to the extent of the human activity on weeks. This fine-tuned machine was climate change? He said: Energy’’ radio program, April 2016. I am sorry I missed that one too. reprimanded by three different Federal We’ve had ebb and flow, we’ve had obvi- Here is what the scientists say in re- courts for an Executive order on immi- ously climate conditions change throughout sponse: gration and refugees which they found our history, and that is scientific fact. It to be inconsistent with the law and the The evidence is incontrovertible: Global gets cooler. It gets hotter. And we do not Constitution of the United States. This know the trajectory is on an unsustainable warming is occurring. If no mitigating ac- course. Nor do we know, the extent by which tions are taken, significant disruptions in so-called fine-tuned machine had to ac- the burning of fossil fuels, and man’s con- the Earth’s physical and ecological systems, cept the resignation in the first 24 days tribution to that, is making it far worse than social systems, security and human health of the National Security Advisor to the it is. are likely to occur. We must reduce emis- President of the United States. Mr. sions of greenhouse gases beginning now. That was a statement he made on the Trump is making history. No President ‘‘Exploring Energy’’ radio program in The source of that scientific state- has been through those experiences. May of 2016. ment: The American Physical Society, None. I wouldn’t say it is a fine-tuned What do the scientists say about 2007—10 years ago. machine; I would say it is a history- that? ‘‘The scientific evidence is clear: Now we know what this man is all making machine. And sadly this fine- global climate change caused by about. He denies science. He is an advo- tuned machine, as he calls it, has had human activities is occurring now, and cate for those special interest groups some rough spots. That is not all. it is a growing threat to society.’’ who make money off of pollution. He This issue about the Russian connec- Source: American Association for the doesn’t believe the Environmental Pro- tion in President Trump’s campaign is Advancement of Science, 2006—11 years tection Agency should have the author- not going away. Seventeen different in- ago. ity it has today. He has challenged it 14 telligence agencies have verified the They said this unequivocally. Scott times in court. He won’t recuse himself fact that Vladimir Putin and the Rus- Pruitt still doesn’t buy it. from even the petitions he has person- sians expressly tried to invade on a What did he say about climate ally filed as attorney general of Okla- cyber basis the United States of Amer- change being a natural occurrence? I homa, and he is anxious to be approved ica and to influence the outcome of an will quote him. by the Senate before we get a chance election. And it wasn’t an equal oppor- next Tuesday or Wednesday to read tunity effort—they were there to elect Is it truly man-made and is this simply just another period of time when the Earth 3,000 emails he received and sent as at- Donald Trump and defeat Hillary Clin- is cooling, increasing in heat, I mean is it torney general of Oklahoma, including ton. just typical natural type of occurrences as emails between Mr. Pruitt and energy, To make the record perfectly clear, opposed to what the (Obama) Administration gas, and oil companies. as they say, there is no evidence that says? I think it is pretty clear what this is the Russians had any actual impact on Again, this is from that radio pro- all about. This is an effort by special the actual casting or counting of votes, gram ‘‘Exploring Energy.’’ This was in interests in America to put their best but they did everything else they could October of 2016. friend on the job at the Environmental dream of. They tried to invade and What do the scientists say about Mr. Protection Agency. They want to make hack sources of files and information Pruitt’s observation? sure he is there to look the other way and to disclose and release them in a Human-induced climate change requires when we should be regulating to keep timely fashion. urgent action. Humanity is the major influ- this planet we live on safe and in good There was that horrible episode in- ence on the global climate change observed shape for future generations. That volving ‘‘Entertainment Weekly,’’ or over the past 50 years. Rapid societal re- makes it a clear choice for all of us. I whatever the name of that operation sponses can significantly lessen negative am going to vote against Scott Pruitt. was, where they had a recording of outcomes. I am sorry, I say to Donald Trump. then-candidate Donald Trump saying The source: The American Geo- You have a right to have your point of some awful things. It was no coinci- physical Union; the date, 2003—14 years view, but you don’t have a right to put dence that 2 hours after that recording ago. a man in this job who denies basic was released, they started releasing Here is Scott Pruitt, this man who science that has been agreed upon for John Podesta’s emails and files—the wants to head up our Environmental over a decade. You certainly don’t have Russians did—to try to resurrect the Protection Agency, still at war with a right in this circumstance to put a Trump campaign that hit some pretty

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.203 S16FEPT2 S1362 CONGRESSIONAL RECORD — SENATE February 17, 2017 rocky shoals. So we know that hap- So here is the White House, President which they are being appointed. In pened. Trump and his people under investiga- fact, not only has he no record of posi- We also know there was contact with tion by the Intelligence Committee, tive environment activity, his record is General Flynn, the National Security and they have the last word about what completely to the contrary where he Advisor to Donald Trump, prior to the the American people will see. Isn’t it has opposed activities of the Environ- President being sworn in. The extent of interesting—when it came to the inves- mental Protection Agency. the contact, we don’t know. The num- tigation of Benghazi with Hillary Clin- As everybody knows, as attorney ber of people in the Trump campaign ton, when it came to the investigation general of Oklahoma and leading other who may or may not have had contact of emails with Hillary Clinton, the Re- attorneys general around the country, with the Russians, we don’t know, but publicans couldn’t wait to have week he sued the Environmental Protection we do know this: The Federal Bureau after week and month after month of Agency numerous times; I think some- of Investigation has an investigation public hearings. Now they want a se- thing like 20 times. And some of those underway into this very question be- cret hearing in the Senate Intelligence rules—all of those rules were put into cause it raises some big issues. Committee and no hearing in the place to protect the health and well- This is the first time we know in the House Intelligence Committee. It is a being of the American people. There history of the United States that a for- big ‘‘shrug your shoulders; boys will be are several of them that I am particu- eign power has tried to invade our elec- boys’’ moment for the Republicans in larly sensitive to. toral process. And it isn’t just a benign control of the Congress. It shouldn’t be When I was the Governor of Maine, invasion; this is one of our major en- we had an issue of air quality. We still emies when it comes to national secu- for the American people. The American people have a right to know what the do. The reason we have an air quality rity, and the reason is obvious. Travel issue in Maine is because of the air to the Baltics, travel to Poland, travel Russians did, and they have a right to know if and when members of the that is coming in on the prevailing to Ukraine, and talk to them about westerly winds from the rest of the Vladimir Putin. He isn’t this great Trump campaign or his close associates country. At one point, we had a time hero, as President Trump has charac- were engaged and involved in what he where we did the calculations, and we terized him, from their point of view; has dismissed as a ruse. Seventeen in- could have taken every car off our he is a threat to their existence. They telligence agencies don’t dismiss it. highways, closed every one of our fac- know what happened when the Soviet We need an independent, transparent tories, and we still would have had air Union had the power. It controlled the investigation of what happened. The Baltics. It controlled Poland. It con- American people have a right to know. quality violations on the coast of trolled Ukraine. They don’t want to see And we ought to say to this President: Maine. Pollution doesn’t respect bor- that day return. They want the United You may conceal your income tax re- ders. It doesn’t respect State borders, States and NATO to stand up and help turns, unlike any other Presidential and it doesn’t respect international make sure they have a way to continue candidate in modern memory, but you borders. That is why it has to be a na- their democracy and continue making cannot conceal from the American peo- tional responsibility. Of course, each State can also have, their own sovereign decisions. Mean- ple the facts as to whether the Rus- as we do in Maine, its own department while, our President of the United sians were attempting a cyber attack States, Donald Trump, is tossing polit- on the United States during the course of environmental quality, its own de- ical bouquets and sweet little kisses to of our last election. That is too critical partment of environmental protection. Vladimir Putin and his Russian re- a question to ignore. Each State could and should and will gime. Is this worth looking into? You Mr. President, I yield the floor. do that and has done that, but we also bet it is. The PRESIDING OFFICER (Mrs. need to have national standards be- This week we made a leap of faith CAPITO). The Senator from Maine. cause otherwise the States will race to right here in the Senate. We have de- Mr. KING. Madam President, I rise the bottom: How friendly are you to cided to give to the Intelligence Com- today in one sense as a former Gov- business? Come on in; we have no rules. mittee of the Senate the authority to ernor. In looking at nominations of This was realized almost 50 years ago move forward on this investigation. I Cabinet members by the Executive, I by a Senator from Maine, a Senator reluctantly agreed to that approach. I start with a position of deference to whose seat I occupy, a Senator whose am skeptical. I will tell you why I am the Executive because I think he or she desk I have in my office, Edmund skeptical. I served on the Intelligence should be able to choose the people who Muskie. Edmund Muskie was the father Committee. It is a critically important surround them and give them advice. I of the Clean Air Act and the Clean committee, but the Intelligence Com- understand that. I did that as a Gov- Water Act, and he came from a State mittee, 95 percent of the time, meets ernor, and I understand that principle. where this was not politically easy. behind closed doors in a secret space Indeed, in the proceedings before this The rivers in Maine had been grossly without a sign on the door, and the body thus far, I think I voted for 7 or polluted by industrial waste. Yet he proceedings of the Intelligence Com- 8 or perhaps 10 of the nominees for Cab- took the lead on this important issue. mittee necessarily are secret. This is inet members who advise the Presi- Here is something extraordinary: The not an issue that should be kept secret. dent. Clean Air Act, one of the most impor- We need to make sure the American But today we are considering a nomi- tant environmental laws of the 20th public understands in an independent nee who is hostile to the fundamental century and very controversial, wide- and transparent way exactly what hap- purpose of the Agency to which he is spread impact around the country, pened when it came to the Russian in- being appointed. We are appointing a passed this body unanimously. It is un- volvement in America’s election, who person to be the head of an Agency believable looking back to that day. was involved in the Trump campaign, if that is called the Environmental Pro- We couldn’t pass the time of day unani- anyone. We need names, and we need tection Agency. All you need to know mously in this body today, but there people to be held responsible. about the mission of that Agency is was bipartisan consensus that pro- The second thing is, the Intelligence contained in the name, the Environ- tecting the environment for ourselves Committee—if and when it finally mental Protection Agency, and we are and for the future of our citizens was issues a report, that report is going to considering a nominee who has no not a political issue. It was an issue of be classified to some extent. We have record that I have been able to discover responsibility. It was an ethical issue. seen pages, I am sure, of redacted ma- of protection of the environment. And Ed Muskie, a giant in this body, terials, big black lines and maybe one None. Zero. No history of actions on created the groundwork and the legis- or two words emerging from a single behalf of the environment, on behalf of lative basis for the work we are still page. Who decides to take away the the health and welfare and well-being doing today. black lines and tell the American peo- of the citizens of his State or of the In Muskie’s time, the pollution was ple exactly what they found? The ulti- United States. obvious. You could see it, and you mate decision on declassifying docu- It is bizarre, to me, to be appointing could breathe it. I live on the ments in the Intelligence Committee is people to an office where they are hos- Androscoggin River in Brunswick, and made by the White House. tile to the mission of the office to when I first went there 35 years ago,

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.204 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1363 you could smell the river in the spring. We know it is not infinite. There is It does vary over time. Here is 850,000 You could smell it. You knew it was argument about how much is there, but years, and you can see that it varies spring; you could smell the foam and it is not infinite. There is no machine from a low of about 180 parts per mil- waste that was coming down the river. in the center of the Earth that is cre- lion up close to 300 parts per million, That is gone today because of the work ating these substances; therefore, we and that is the variation. Absolutely of people like Ed Muskie. have a responsibility to future genera- true. That is the variation until you By the way, people like Howard tions, as my friends in Maine would get to about 1860, and that is when it Baker, Republicans—and in our State say, not to pig out on what we have starts to go up. Now we are at 400 parts of Maine, the environmental movement and just forget about who comes next. per million, which is 25 percent higher was led by Republicans in those days. Of course, as it becomes more rare, it than it has been in 5 million years. Was Hoddy Hildreth, David Huber, Ken will become more expensive, so we are it a coincidence that it started to hap- McCloud, Harry Richardson—those are passing those costs off as well. Beyond pen when we started to burn fossil fuels all prominent Republican leaders in that is the environmental cost. in such vast quantities? Of course not. our State who also led the environ- I mentioned the obvious environ- Was there a big outburst of volcanos in mental protection movement in our mental problems back in the seventies the mid-1800s? Of course not. State. and eighties of when you could see the This is not debatable. These are As I said, it was easy. You could air, when you could smell the rivers, measurements. These are scientific smell it; you could see it. The smog in but today the problem is what we are measurements. Debating this is like Los Angeles was so bad that it was ri- doing to the planet, which is climate. debating that water boils at 212 de- diculous, and it was unhealthful, so we What bothers me about this nominee grees: Oh, no. I think it boils at 214 de- took some steps that dealt with that. is he basically says: Well, it is a con- grees. We are facing an environmental troversial issue. The sciences differ. No. It is 210. threat today that is somewhat less No. The science is clear. It is 212. visible—although I will argue that it is Before I get to that, I have one more Light travels at 186,000 miles a sec- actually quite visible—but it is no less point about the ethical and moral re- ond. That is not debatable. Neither is profound. In fact, I believe it is more sponsibility. this. dangerous, more threatening, more im- Last year, we had Pope Francis here. We are in a very dangerous place. portant to the future of this planet and Pope Francis has talked a great deal Scott Pruitt calls it an argument and our country and our people than those about this issue and the ethical and doesn’t want to do anything about it. obvious threats that were faced back in moral and, indeed, religious obligation Not only does he not want to do any- we have to be good stewards of our en- 1970 and beyond. thing about it, he wants to undo the Environmental protection, in my vironment and of our planet. People things that have been done to try to view, is a moral and an ethical issue; it criticized the Pope. They said: Let the protect us. is an intergenerational ethical issue; Pope stick to religion and stay away You can look at this chart and say and it can all be summarized by what I from science. CO is going up. It is invisible gas. You call the main rototiller rule. The main It turns out that the Pope is a chem- 2 cannot taste it. You cannot smell it. It rototiller rule goes like this: If you ist. That is an unfortunate fact. does not poison us. It is in the atmos- borrow your neighbor’s rototiller in When the Pope was here, I did a little phere anyway. Who cares? What dif- the spring in order to plow up your gar- act of Jesus in the Good Book and ference does it make? den and get ready to plant, you have an found a number of references to the re- Here is what difference it makes. obligation to return it to him in as sponsibility we have to protect the en- This is the other side of my little card. good of shape as you got it and with a vironment and the land. Indeed, in the This is the correlation of over 800,000 good tank of gas. That is all you need Old Testament—and we all know about years between temperature and CO . Of to know about environmental steward- the Sabbath, that on the seventh day, 2 what you can see, the blue is the CO , ship, because we have the planet on He rested. There is a provision in the 2 and the temperature is red, and what loan. We don’t own it. We own it tem- Old Testament whereby every 7 years you see is an almost exact correlation. porarily. We own plots of land tempo- the people were instructed to let the It is beyond coincidence. When CO rarily, but we don’t own the planet. We land lie fallow for a year—a Sabbath 2 goes up, the temperature goes up. have it on loan from future genera- for the land in order to preserve its When CO goes down, the temperature tions—from our children and our productivity. 2 grandchildren and seven generations I believe this is fundamentally an goes down. You can see it over the hence. Yet our age, our generation, is ethical issue. What do we owe our chil- time. Do you know where we are now acting like it is all ours, like every- dren—to just forge ahead in the face of in CO2? Here. The correlation is unmis- thing is ours. overwhelming science and all of the takable, it is powerful, and it is dan- It took millions of years, for exam- predictions? What is happening in the gerous. ple, to create the fossil fuels that are world around us is selfishness. It is un- The nominee for the Environmental underneath the Earth. The word ‘‘fos- ethical. It is wrong. It is unfair. Protection Agency denies this. He says sil’’ has a meaning. They are there be- As I said, we are talking about a it is a debate. Just for a moment, let’s cause they are from fossils. It goes nominee for this body who says the de- take him at his word. Let’s say it is a back literally millions of years for the bate about climate change is just debate. Let’s say it is not entirely set- Earth to distill the plant and animal that—it is a debate. tled. If the risk is so catastrophic, matter into this miraculous substance There are scientists that agree, and there wouldn’t it be prudent to try to take called oil—millions of years. Yet we are scientists that don’t agree to the extent some measures to prevent it even if are using it up. Forget about the pollu- of man’s contribution and whether it is even you are not sure? By the time we are tion for a moment; just think about harmful at this point. sure—by the way, we are sure now. By the idea that we are using an asset that Give me a break. The scientific com- the time Scott Pruitt is sure, it will be the Earth produced over millions of munity is virtually unanimous, and, too late. It may already be too late. We years, and in a matter of—I don’t indeed, the data is unanimous. may be beyond the tipping point, and know—200 to 300 years, we are going to I carry a little card around with me. all we can do is mitigate the danger, use it all. It is as if on Thanksgiving This is a blowup of it. I am a visual not stop it altogether, because we have the turkey comes to the table, all of person—I like to see things, and I un- been heedless of the consequences of the family is sitting around, and Dad derstand them better. To me, this is the results that will impact the next says: OK, I am going to eat this whole what you need to know about what is generation of Americans and of people turkey. You don’t get any. going on. around the world. What do we tell people when they By the way, what this is, is CO2 in What are the consequences going to look back on us in 20, 50, 100, 200 years? the atmosphere, parts per million, for be? What if it gets a little bit warmer? What are they going to think of our 800,000 years. People say: Well, it has We will be able to play golf longer in generation? What is our defense going varied over time. It goes up and down. Maine—hey, not bad—but the con- to be? It is just a natural cycle. sequences in many cases are going to

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.205 S16FEPT2 S1364 CONGRESSIONAL RECORD — SENATE February 17, 2017 be catastrophic. There are many al- past 10 years as in the prior 100 years. a foot to a foot and a half of sea level ready affecting Maine in terms of Do the math, and that is 10 times the rise in the next 15 years, and a foot a where our lobster population is mov- rate that the ice is flowing off the decade thereafter for the rest of the ing. Greenland ice sheet into the ocean and century. If you do the math, that is an I had a sea farmer in my office 2 days raising sea levels. additional 6 to 8 feet. ago, a fellow who has a great business. One of the problems with what is In fact, there was an estimate just He has grown it for years. It is really a going on now is the process of accelera- released last week that says it is more serious business of growing oysters, tion. For example, everybody knows like 9 feet, 3 meters. Nine feet? Miami and he has always grown them in the that the ice in the Arctic Ocean is dis- is gone; New Orleans, gone; New York, Damariscotta River. In fact, if you go appearing at an unprecedented rate. A under deep threat; Bangladesh—we are to a fancy restaurant and ask for cruise ship went through the Arctic talking about national security here Damariscotta River oysters there, they Ocean last summer. The Arctic Ocean because the people who are going to be are the top-level oysters in the world. has been closed throughout human his- pressed into migration because of this He has always grown them in the river. tory. It has been unavailable for com- are going to create a national security He puts in the little seed. They start in merce. You couldn’t get through. It and a migration crisis, the likes of little, tiny shells, and then they grow was always covered with ice. In the which this country and the world has out. He can no longer grow them ini- summer it would clear a little bit. Now never seen. We are talking about 1 mil- tially in the river because the water is we are talking about international lion or 2 million people out of Syria, so acidic from carbon dioxide in the at- trade through the Arctic Ocean. and it has caused great uproar here and mosphere, which is absorbed by the What happens, though, scientifically, in Europe. The estimates are for the ocean, that the shells don’t grow. He when the sun’s rays hit the ice and the migration from climate change in the had to move the incubation part of his snow, 85 percent of the energy of the reasonably foreseeable future to be 200 business onshore and treat the water to sun is bounced back. That is science. million to 500 million people. Think of lower the acidity so that the shells will When the ice is gone and the dark the national security implications of grow, and then when they get a certain ocean is available, 85 percent of the that. size, he puts them back in the river. sun’s energy is absorbed into the And here we are debating a nominee This is a real, direct, obvious, observ- ocean. That is called a feedback loop. for the Environmental Protection able effect of global climate change That accelerates. The more it melts, Agency who says: Well, it is debatable; maybe it is, maybe it isn’t. and of too much CO2 in the atmos- the more it gets melted, and that is the phere. It is not theoretical. It is not de- kind of thing that is happening in It is not debatable. This is hap- batable. It is not that scientists differ. Greenland, in Antarctica, and, indeed, pening. And for us to ignore it and to approve this nominee who is hostile, This guy is trying to make a living, all over the world. and he can only do it by treating the Here is something I learned on my who has sued the Agency, and who has water because the acid that has been trip to Greenland that I really hadn’t never done a thing in his life to protect created by the ocean in its absorbing absorbed. If there is anything we think the environment, is just outrageous. It is a dereliction of our responsibility, the CO2 is making it impossible for the of as a constant, it is the ocean. You oysters to develop. That is a direct im- walk down to the beach in Maine or on and we are going to look back on this moment and say: What were we think- pact. Probably the most direct impact to the dock in Portland, you look out, ing? we are going to be able to see and iden- and you see it. There it is. It is the way I understand that the President won. tify and not avoid is sea level rise. it has always been. It turns out it has Elections have results. He can move in Last summer—as a matter of fact, in always been that way for only 8,000 August—I went to Greenland. Let me the direction he wants to on policy, but years. It happens to have always been this is beyond policy. This is just fun- just put that in context. It is the con- that way when people have been tinent of Greenland. The ice on Green- damentally irresponsible to our chil- around and keeping records and taking dren, to their children, and the future land, if and when it melts—and I think pictures, but it hasn’t always been that of this country. it is when, not if—will add 61 feet to way. So I hope, after this debate and after the ocean depth. The ice in Antarctica Here is an amazing bit of science this discussion, the people of this body has 212 feet of sea level rise contained that, frankly, I wasn’t aware of. This is will come together—just as they did in it. Just think about that for a the ocean depth 24,000 years ago. This with the Secretary of Labor nominee, minute. Greenland is melting at a rate is the ocean depth today. So 24,000 who really wasn’t appropriate—and say no one has seen before. I saw it with years ago, it was 390 feet shallower the same thing. my own eyes. I saw these big things in than it is today. It was 390 feet Plus, finally—I will just note this as the ice. We helicoptered out over the shallower 24,000 years ago. Why 24,000 a parenthetical—there is the issue of ice sheet, and you could see these big years ago? Because all the water was the emails in and out of this fellow’s holes in the ice called moulins. Into locked up in the glaciers. In one sense, office when he was attorney general those moulins are flowing, rushing riv- Greenland and Antarctica are the last that they have been hiding for 21⁄2 ers of meltwater. You can see them. remnants of the glaciers, and they are years or 3 years that may well become They are blue, and they run across the now melting. available in a week. If I were someone ice and down into the hole, and they go This period, 24,000 years up to today, contemplating voting for this fellow, I all the way down to the bottom, 2 is how the oceans have risen. You can sure as heck would want to wait until miles thick, where they lubricate the see coincidentally, it has been pretty I saw these emails because there may space between the ice and the land and fixed for 8,000 years, and that is why we be things there that are going to be accelerate the ice in its moving toward think it is going to always be that way. profoundly embarrassing, if not worse. the ocean. ‘‘Accelerate.’’ That is an im- I used to teach about the recency ef- So there is no reason to move this portant term. That is a term I heard at fect. All human beings tend to think nomination today, and there is no rea- the University of Maine from their cli- that what happened last week is going son, in my view, to move this nomina- mate scientists. That is a term I have to happen next week. But this tells us tion at all. heard from scientists in other parts of that the ocean level is variable. I understand that the EPA can over- the country. ‘‘Accelerate.’’ ‘‘Abrupt.’’ Here is the amazing spot, right here. reach—any agency can overreach—and We all think of things changing very It is called the meltwater pulse 1A; all there should be control on regulations. slowly; as a matter of fact, the very geologists know about this. And if you I have worked on regulatory reform term glacial means ‘‘moving slowly.’’ do the calculation on this period, the since I have been here, but there is a Not anymore. We went to the ocean gained about a foot a decade. It difference between regulatory reform Jakobshavn Glacier, the largest glacier got deeper. The sea level rose about a and a wrecking ball to the fundamental that is draining the ice sheet of Green- foot a decade during this period, and protections that have made so much land, and it has retreated as much in this is what we are facing right now. difference to the people of this country. the past 10 years as in the prior 100 The best estimates I have been able So I hope we will consider the future years. It has retreated as much in the to obtain are that we are facing about in our vote today—not just ourselves,

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.207 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1365 not just the regulations, not just a few from Virginia to parts of New York intersects with the Chesapeake Bay. As people who may be profiting by the ex- State. And because the bay is threat- attorney general of the landlocked ploitation of these resources, but think ened by pollution coming from State of Oklahoma, Scott Pruitt de- about our kids, our grandchildren, and throughout that great area—those six cided to join in a court case to try to our ultimate responsibility to this States and the District of Columbia— blow up this Chesapeake Bay agree- country. back in the 1960s, people recognized we ment. He decided from Oklahoma that Thank you, Madam President. had to do something about it because he wanted to get in the business—the I yield the floor. we had combined sewer water over- bipartisan business that had been sup- The PRESIDING OFFICER. The Sen- flows, we had fertilizer runoff, we had ported by Republican and Democratic ator from Maryland. stormwater runoff from six States and Governors alike, Republican and Demo- Mr. VAN HOLLEN. Madam Presi- the District of Columbia bordering the cratic Senators alike, over a long pe- dent, I wish to start where the Senator Chesapeake Bay and threatening its riod of time. He sued, along with oth- from Maine left off, and that is with re- livelihood and threatening the econ- ers, the EPA to try to prevent the EPA spect to the approximately 3,000 emails omy of the State of Maryland. from playing this important role that that Scott Pruitt, the nominee to lead That is when a number of States got helped give us a boost. the Environmental Protection Agency, together and said: We have to do some- Now, the good news is Scott Pruitt has been hiding from public view. I thing about it. Senator Mathias, who and the others failed. The judge said: hope all Senators know now that last was a Republican Senator from the Sorry, you are wrong; this does not ex- night, a judge, Judge Timmons, or- State of Maryland, brought people to- ceed the EPA’s authority. The good dered that those emails be released so gether and said: We need to do a na- news is that we are going to continue the American public can see exactly tional study funded by the Federal to proceed. But what are we going to what is going on. Government because, in a situation do when Scott Pruitt, who brought Here is what the judge said: ‘‘There where you have so many States con- that lawsuit against the Chesapeake was an abject failure to provide prompt tributing to the pollution of the bay, Bay agreement, is the Administrator of and reasonable access to the docu- obviously, it is not within the power of the EPA? ments that had been requested.’’ only one State to do something about Senator CARDIN, my friend and col- Willful ignorance is always a bad pol- it. league from the State of Maryland, icy, and I really hope that the Senate And over nearly three decades from asked him about this at the hearing. will not engage in willful ignorance those early days back in the 1960s and At the hearing, Scott Pruitt made when it comes to the nomination of beyond, we entered into a number of some positive statements about this Scott Pruitt. Why not wait a few days bay agreements with the three States agreement. Then Senator CARDIN want- to see what is in the emails that were immediately around the bay: Pennsyl- ed to follow up and make sure he heard so deliberately hidden from public vania, Virginia, Delaware, and the Dis- it straight, and so he followed up with view? That should worry every Sen- trict of Columbia, and then it got ex- some questions in writing. What came ator, Republican and Democrat alike. panded over time. But despite all of the back were a series of statements that In addition to all of the concerns efforts in those States, it was as if we showed that Scott Pruitt was back- that have been raised by my colleagues were on a treadmill. tracking on the commitment he had The good news is the actions taken on this floor with respect to having made—backtracking on his promise to by the States, with the help of the Scott Pruitt at the helm of EPA, Mary- lead a strong EPA and have an impor- EPA, meant that we were not going landers have a special concern. In fact, tant EPA role in enforcing this Chesa- those who are part of the Chesapeake backward. It was a little bit as if we were trying to run up a down escalator. peake Bay agreement. Bay States have a very, very special In addition to the fact that he has If we hadn’t been taking any action, we concern. shown willful ignorance about the dan- would be going down fast. The bay The Chesapeake Bay is a natural gers of climate change, which are all so would get more and more polluted, be- treasure, and it is a national treasure. very real to the State of Maryland— come less and less healthy. But even It is the Nation’s largest estuary. It is just go down to the Naval Academy beloved by Marylanders and beloved by with all the measures we were taking, it was as if we were running in place on and ask the superintendent there, and all who benefit from its great bounty. he will tell you they have many more Marylanders get up in the morning that escalator that was going down. So in 2009, the bay States decided storm surges right there in Annapolis and go crabbing on the bay. It has also that they needed to put more teeth in as a result of climate change—and so been a source of income for our State the enforcement mechanisms to make many other areas where Scott Pruitt and the other bay States. sure that everybody was being held ac- has sided with big money, special inter- The reality is that our tourism in- countable for their share of cleaning up ests, polluting special interests, he dustry depends on a healthy bay. Our this precious natural resource and nat- clearly is somebody whom we worry watermen depend on a healthy bay. ural treasure. about in the State of Maryland with re- Our boating industry depends on a That is when we entered into an spect to protecting the Chesapeake healthy bay. So it is not only an envi- agreement with the Environmental Bay. ronmental imperative, it is an eco- Protection Agency, giving the EPA the So I ask all my colleagues to join nomic imperative in the State of Mary- authority to help enforce the provi- with us in at least demanding now that land. And the Chesapeake Bay is sions of that agreement if any State we have an opportunity to see the 3,000 threatened more than almost any other strayed. And the results have been very emails, which a judge has required be water body in the United States by pol- important and very encouraging. Just provided to the public next week. lution. That is because its tidal tribu- this January, the Chesapeake Bay I hope all Senators don’t want to be taries have a shoreline more than the Foundation, in its biannual ‘‘State of embarrassed by voting for somebody whole west coast of the United States. the Bay Report,’’ gave the Chesapeake today, only to find very compromising In other words, if you look at the water Bay its highest, its healthiest score emails next week. I really believe we surface of the bay and you look at the since the report began in 1987. have an obligation to the American surface area of the rivers and streams I want to be clear. We are still a long people to ensure that we have an op- feeding into the bay and you look at all way from a healthy Chesapeake Bay, portunity to view those emails. I cer- the shoreline there, it is greater than but we have gone from running in place tainly know the people of Maryland, the west coast. to actually making a few steps for- when it comes to protecting our beau- The surface water area, including the ward, and that is largely as a result of tiful Chesapeake Bay—both because of 150 major rivers and streams and more the efforts of the bay agreement and its natural beauty but also because it than 100,000 smaller tributaries, is 4,500 the new leverage that the Environ- is essential to our economy—join me in square miles. But the watershed—the mental Protection Agency has to en- encouraging my colleagues to ask for a landmass that drains into that area—is force compliance with that agreement. delay and, at the very least, vote no on 64,000 square miles, from six States and Here is where the story of the Presi- the nomination of Scott Pruitt. the District of Columbia, everywhere dent’s nominee to be the head of EPA I yield the floor.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.208 S16FEPT2 S1366 CONGRESSIONAL RECORD — SENATE February 17, 2017 The PRESIDING OFFICER. The Sen- That is exactly what the Founders of else we might do. It just means that we ator from Oregon. our Nation charged us with doing in hold the vote when we get back, in- Mr. MERKLEY. Madam President, as the advice and consent responsibility— stead of holding it this afternoon be- everyone in this Chamber knows, we to determine whether a nominee is a fit fore we leave. are currently debating and preparing character or unfit character. Madam President, I ask unanimous to vote on the nomination of Scott So we here in the Senate are not consent that the confirmation vote on Pruitt to be the next Administrator of doing our job. Under our responsibility Calendar No. 15, the nomination of the Environmental Protection Agency. under the Constitution, if we vote Scott Pruitt for Administrator of the The truth is that we don’t have all today, not having yet reviewed the in- Environmental Protection Agency, be the information we need to make this formation in those emails that the postponed until 9 p.m. on February 27. important decision. We don’t have all judge has just said must be released, The PRESIDING OFFICER. Is there the facts we ought to have. That is be- we are being asked—or, more point- objection? cause the nominee, in his role as attor- edly, forced—by the majority leader to Mr. MCCONNELL. I object. ney general of Oklahoma, worked very rush through the confirmation of Mr. The PRESIDING OFFICER. Objec- hard to keep the information con- Pruitt without having this vital infor- tion is heard. tained, controlled, and unavailable to The Senator from Oregon. mation. Mr. MERKLEY. Madam President, the Senators in this Chamber and un- This is a question of transparency. both of my unanimous consent re- available to the citizens of the United This is a question of exercising our au- quests have been rejected, as is the States of America. thority in a responsible fashion. This is right of any Member. But still, there is For 2 years now, his office has about the right of the Members of the a principle here—a principle of exe- stonewalled attempts to make public Senate to have the information needed cuting our responsibilities and a prin- the records of over 3,000 email commu- to fulfill their responsibility under the ciple of transparency, a principle of un- nications with members of the fossil Constitution. This is about the right of derstanding whether or not the indi- fuel industry. Two years ago, the Cen- the citizens of the United States to vidual before us is a fit character to ter for Media and Democracy requested know Members here are doing their job serve in the office. these emails through the Oklahoma and to weigh in—to weigh in with us on So I am going to make a formal mo- Open Records Act. Who is the person what they consider to be fit character tion, which is allowed under the rules, who decides whether to release those and unfit character. We should not to extend this debate. The rules call for records? The attorney general of Okla- deny Americans the right to know. 30 hours of debate but provide a clause homa. Who is the nominee before us? That is why I will ask unanimous that, by a vote, we can extend that de- The attorney general of Oklahoma. consent of this Chamber in a moment bate. I propose we extend that debate When Democrats on the Environment to postpone the vote until 10 a.m. on for an additional 248 hours. That 248 and Public Works Committee requested March 3, because that would give us hours would take us until Monday these records from Mr. Pruitt during the full ability to get both sets of evening, on the evening we return. So the confirmation process, the answer emails and have 3 days to review them, again, no time is lost with the agenda we got back was this: ‘‘I would direct which I think is most reasonable. before this body, but we would all have you to make a request of the Oklahoma Madam President, I ask unanimous the chance to review those 3,000—or at Attorney General’s Office under the consent that the confirmation vote on least the first batch of those emails—to Oklahoma Open Records Act.’’ Now, Calendar No. 15, the nomination of determine if there is information that when he encouraged us to make that Scott Pruitt for Administrator of the is related to whether the nominee is fit request, he knew—and we shortly Environmental Protection Agency, be or unfit to hold this office. knew—that he had no intention of ac- postponed until 10 a.m. on March 3. MOTION TO EXTEND DEBATE tually granting access. He was telling The PRESIDING OFFICER. Is there Therefore, I move to extend us to get in line behind more than 50 objection? postcloture debate on Calendar No. 15, other requests for that information, Mr. MCCONNELL. I object. the nomination of Scott Pruitt for Ad- and that request has not yet been an- The PRESIDING OFFICER. Objec- ministrator of the Environmental Pro- swered. In fact, Senator WHITEHOUSE tion is heard. tection Agency, for an additional 248 did put in a request directly to the The Senator from Oregon. hours. Oklahoma attorney general’s office Mr. MERKLEY. Madam President, I The PRESIDING OFFICER. The ma- using the Oklahoma Open Records Act. am disappointed with the majority jority leader. Imagine what the result was. Did the leader’s objection. I know all of us who Mr. MCCONNELL. Madam President, attorney general of Oklahoma imme- serve in this Chamber want to do our I ask unanimous consent that notwith- diately release these records? He did job in a fashion in which we thoroughly standing the provisions of rule XXII, a not. Have we those records today? We and responsibly execute the respon- vote in relation to the motion to ex- do not. sibilities of our office. We can’t do that tend debate on the Pruitt nomination But yesterday, Oklahoma County without these emails. These emails occur at 12:30 p.m. today, and that fol- District Judge Aletia Haynes Timmons have been stonewalled for 2 years. I lowing disposition of that motion, ruled on whether or not the public de- know that if the shoe were on the other there be 4 minutes of debate equally di- serves access to these emails and de- foot, there is a very good chance the vided in the usual form prior to a vote serves access to these records, and she advocacy for transparency would be on the nomination. ordered the attorney general to do his coming from multiple Members across The PRESIDING OFFICER. Is there job—to release the records so that we the aisle. objection? here in the Chamber will have that in- So I am disappointed the decision has Without objection, it is so ordered. formation, so that the American public been made to object to holding the vote UNANIMOUS CONSENT REQUEST—EXECUTIVE will have that information. Judge after the time that both sets of emails CALENDAR Timmons said there was ‘‘an abject have been released. But I do under- Mr. MCCONNELL. Madam President, failure to provide prompt and reason- stand the majority leader has responsi- I ask unanimous consent that fol- able access to documents requested.’’ bility for the schedule for the Senate. lowing disposition of the Pruitt nomi- On Tuesday, the first batch of emails So I am going to tailor back my re- nation, the Senate resume consider- is going to be released to the public. quest and ask that the vote be held ation of the following nominations en That is just a few days from now. But after the first batch of emails is re- bloc: Wilbur Ross to be Secretary of if we vote today, we won’t have that leased. They are going to be held next Commerce, RYAN ZINKE to be Secretary information before us. It will be too Tuesday and we are going to be out of Interior, Ben Carson to be Secretary late for us to have all the facts and in- next week. So under this request, no of Housing and Urban Development, formation we need to make a qualified time is lost in the Chamber in consid- and Rick Perry to be Secretary of En- decision on whether Mr. Pruitt is a fit ering the nomination. It does not delay ergy. character or unfit character to be a any other work of this Chamber. It I further ask unanimous consent that member of the President’s Cabinet. does not stand in the way of anything there be 30 minutes of debate on the

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.210 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1367 nominations, equally divided in the ting them because he wanted to speed tisan, when Republicans as well as usual form, and that following the use it up, and we also know that a number Democrats believed in being stewards or yielding back of time, the Senate of people who President Trump nomi- of the Earth in following a number of vote on the nominations in the order nated were billionaires and Wall Street the teachings of the New Testament listed with no intervening action or de- bankers, and they had very com- about being stewards of the Earth. bate. plicated financial backgrounds and It was a sustained effort by citizens The PRESIDING OFFICER. Is there holdings, and because the Trump ad- and by their elected officials in both objection? ministration didn’t do it, the Senate parties to protect our public health. Mr. MERKLEY. I object. had to do it, and the media had to do The EPA affects the water that comes The PRESIDING OFFICER. Objec- it—to look at the backgrounds of some into our children’s drinking fountains. tion is heard. of these nominees. It affects our small businesses that Mr. MCCONNELL. Madam President, Then, on top of that, we saw a level rely on tourists at our lakes and beach- over the past several weeks, we have of corruption we had never seen in es. It affects farmers who feed the Na- seen a historic level of obstruction Presidential nominations. We saw a tion. According to Dr. Aparna Bole—a from our Democratic colleagues on the Secretary of Health and Human Serv- pediatric specialist at Cleveland’s Uni- President’s Cabinet. Let me say that ices—passed by being voted for by versity Hospital in Cleveland—asthma again—truly historic, unprecedented, every Republican—who bought and sold rates in my part of Ohio are above the harmful, and pointless obstruction. It healthcare stocks while a Member of national average because of the re- is one thing to obstruct to get some Congress, voting on and sponsoring gion’s poor air quality. outcome. Really, these are a collection healthcare amendments and bills. Climate change is not some distant of futile gestures not changing the out- We saw other nominees. We saw Sec- problem. We tend to think about come on any of these nominations. retary Mnuchin, and Senator CARPER wildfires in the West or devastation They have postponed committee played a role in this, now-Secretary faced by coastal communities, like meetings as long as they possibly Mnuchin, who forgot to disclose a $100 those affected by Hurricane Sandy. The could. They forced unnecessary proce- million investment he had and then Midwest is affected too. dural hurdles, and they have even boy- lied to the Senate committee, as point- In August, 2014, a harmful algae cotted markups altogether. ed out by the Columbus Dispatch—the bloom left 500,000 Ohioans in Greater So as I indicated, to what end? It most conservative paper in my State— Toledo, in Northwest Ohio, without hasn’t prevented the Senate from mov- about robo-signing, sending hundreds safe drinking water for nearly 3 days. ing forward with the confirmation of of people in my State into foreclosure. This is Lake Erie. This is more or less these nominees. And, by the way, it The ethics of these nominees are the natural color of Lake Erie. This is hasn’t—and it won’t—change the out- such, and then you have Scott Pruitt the algal bloom. It is a stunning, beau- come of the election, either, which was to be Administrator of the EPA, and he tiful picture if you don’t know what it back in November. I think it is pretty will not disclose 2,600 emails that we is, but when you see a boat cutting clear that that is what this is all know how—as Senator CARPER has through these algal blooms and seeing about. done such a good job on—we know how what this meant, as the algae chokes Instead, this Democratic obstruction a number of these emails point to—I Lake Erie—Lake Erie right here is has just kept many of our Nation’s am not a lawyer—if not the word ‘‘col- about 30 feet deep. Contrast that with most critical agencies without a leader lusion,’’ certainly doing the bidding of Lake Superior, 600 feet, and you will for too long—needlessly delaying the the fossil fuel industry that he might see why Lake Erie is more vulnerable. President from fully standing up this occasionally want to regulate instead Lake Erie is 2 percent of the water in new administration. It has led to what of the EPA. That is the story. all the Great Lakes. Lake Erie has 50 is now the longest it has taken to con- I want an Administrator of the EPA percent of the fish of all the Great firm most of the President’s Cabinet who wants to protect the country’s Lakes. The fish like shallower and since George Washington—what a great natural resources, not someone warmer water, but they don’t like record for our Democratic colleagues hell-bent on undermining the Agency these kinds of algal blooms and what to hold. he will lead. The environmental chal- they do to this community. Because it Enough is enough. We need to put the lenges we face in my State are too is the shallowest of the Great Lakes, rest of the President’s Cabinet into great to put the EPA in the hands of and this is the shallowest part of this place without further delay. Con- someone with a track record of putting great lake, it is uniquely vulnerable to firming these well-qualified nominees polluters before public health, of these harmful algal blooms. is what is best for our country. My choosing companies that pollute over We know these blooms are caused by goodness, isn’t that what we should all communities that are victimized by excess nutrients in our water—un- want? that pollution, and too often he is treated sewage, urban runoff, and run- I yield the floor. doing the work of campaign donors in- off from farm fields. This Maumee The PRESIDING OFFICER. The Sen- stead of the public. River Basin going into the lake from ator from Ohio. I know what the Clean Air and Clean the south, going into the lake just Mr. BROWN. Madam President, I Water Acts have meant to my State. I north of Toledo, drains the largest 2 speak in opposition to Scott Pruitt, know what Lake Erie looks like. When million acres, the largest basin of any and I thank Senator CARPER for the I was a kid, I lived about an hour and tributary going into any of the Great good work he has done in leading the a half away. Lake Erie was an environ- Lakes. opposition to someone who is a climate mental disaster. The counties of Cuya- On Wednesday, I met with David change denier and will not release in- hoga, Erie, and Lorain couldn’t clean it Spangler, a charter boat captain on formation that the public should see. up. The State of Ohio didn’t have the Lake Erie. We talked about how the I want to say a few comments about resources to clean it up. Great Lakes region has seen a 37-per- the majority leader’s comments. I am It was only that terrible fire in cent increase in heavy rain events. We incredulous that he thinks this has Cleveland where bridge trestles on the have seen that hotter summers make been unfair to the Trump administra- Cuyahoga River caught on fire that got the blooms worse. We talked about pro- tion and Republicans; that we have not the Nixon administration to move and tecting the lake as one of the great en- moved faster. We know a bunch of create the EPA, and then we cleaned vironmental challenges, not just for things. We know President Trump up Lake Erie. That was one of the Ohio or even the industrial Midwest didn’t begin his vetting process, as great accomplishments in our coun- but protecting Lake Erie and the Great most Presidential candidates do, in Au- try’s history—environmental and oth- Lakes, the greatest source of fresh- gust. erwise, one of the great accomplish- water in the world, by most measure- We then know right after the elec- ments. ments—how important that is. tion he fired his person in charge of It was a Republican administration Dave has been fishing on this lake vetting and of the transition. We know with the Democratic Congress, when and its tributaries for decades. He then he appointed people without vet- good environmental policy was bipar- bragged about the improvements we

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.212 S16FEPT2 S1368 CONGRESSIONAL RECORD — SENATE February 17, 2017 have seen over the year—how water pretty much word for word to be sent This is unacceptable. It is also unac- quality has improved, how walleye and to the EPA. ceptable to advance and approve this yellow perch populations have re- Allowing him to become EPA Admin- nominee without a clear and complete bounded, how he leads fishing expedi- istrator is like allowing an arsonist to view of his record and his close rela- tions on the Great Lakes, on Lake become the fire chief—the goal of both tionships with the very companies he Erie. You know what, look at what is to burn things down. Mr. Pruitt’s will be tasked with regulating. these algal blooms have done. You can record clearly shows he is not the right With respect to the Agency that he guess what they have done. Nobody person to lead our Environmental Pro- has been nominated to lead, it is im- will go fishing in these kinds of waters. tection Agency. perative that we not reverse or halt the If the algal bloom is there too long, Mr. LEAHY. Madam President, today tremendous progress that has been lots of fish die in addition to that. We I must vote to oppose the confirmation made in achieving strong, scientif- need an EPA Administrator who under- of Scott Pruitt as the President’s ically based environmental protection stands that the contamination hurts nominee for Administrator of the Envi- goals. The EPA itself was born out of everything from our children’s health ronmental Protection Agency, EPA. an environmental crisis in this coun- to our small businesses. He told me he While I believe that the President en- try, in the wake of elevated awareness doesn’t think Scott Pruitt is the right joys some privilege of selecting admin- of and concern about pollution. This person for this job. He believes that istration officials, the views that Mr. came after our Nation watched in hor- with Scott Pruitt at the helm of the Pruitt and I hold on a wide range of ror as the Cuyahoga River in Cleve- EPA, we would likely lose the gains we key environmental issues are com- land, OH, burst into flames again as it made in the lake. pletely irreconcilable. I was deeply dis- was so saturated with sewage and in- Of particular concern to both Mr. turbed by Mr. Pruitt’s lack of speci- dustrial waste that it oozed rather Spangler and me is that Mr. Pruitt said ficity and his evasiveness during his than flowed. That pollution was a by- mercury does not cause a threat to hearing and in response to written product of unchecked pollution from human health. Really? Mercury doesn’t questions. industrial wastes. cause a threat to human health? If Mr. While no one would expect Mr. Pruitt Over its 46 years, the EPA has made Pruitt doesn’t believe that, I would to detail the new Trump administra- enormous progress and become one of like him to explain to me why the Ohio tion’s policies on these complex issues, the world’s most successful protectors EPA, the Ohio Department of Health— we do expect the nominee to lead the of public health and the environment. both with Republican administrators— Environmental Protection Agency to Americans now expect clean air and have a statewide mercury advisory share with us his own views on impor- clean water, where, before the EPA was stating that women of childbearing age tant matters, including whether there created, we expected nothing more and children under 15 are advised to eat are any EPA regulations he supports, than burning rivers and polluted air. no more than one meal per week of fish or whether he would fully recuse him- While cleaning up the environment, we from any Ohio water body. Think self from making decisions in all legal have also grown jobs and strengthened about that. You shouldn’t eat more cases in which he was an original our economy. However, we continue to than one meal a week of fish taken out party—but no. Instead, he testified face an environmental crisis of our own of any of the Ohio aqua system—limit that he had not conducted a com- making with climate change, and the amount of fish eaten from our prehensive review of existing EPA reg- EPA’s mission to protect public health State’s largest body. That means even ulations. With respect to recusals, he and the environment reminds us that though we worked for decades to re- asserts that he would simply follow the the tasks of this Agency are essential duce mercury emissions, apparently recommendations of the EPA’s ethics to every single American. Americans Mr. Pruitt doesn’t think mercury expo- office. That is not good enough. care about having clean air to breath, sure is a threat to public health. I am deeply disturbed by Mr. Pruitt’s safe drinking water, and swimmable Mr. Pruitt has solicited thousands of evasive responses. This does not bode and fishable rivers and streams. They dollars of campaign contributions for well for his future interactions with want their food to be free of pesticides himself, the Republican Attorneys Congress where he will certainly be re- and their workplaces to be healthy and General Association, all the Repub- quired to appear before committees safe. They want their children to have lican attorneys general. There are and provide testimony, briefing mate- a future that is free of the dangers of three dozen or so of them. They work rials, and other information in a time- climate change. together to raise lots of money to keep ly manner. Under oath before the Envi- Sadly, Mr. Pruitt refuses to accept themselves in office so they can con- ronment and Public Works Committee, the scientific community’s over- tinue to do some of the work they do. he told the committee members, U.S. whelming consensus that unchecked Some of the work they do is stand in Senators, to go to the back of the line, increases in greenhouse gas emissions the way of good environmental policy. to make records requests to his home will have catastrophic effects. The He has refused, for years, as Senators State if they wanted information. This science is crystal clear that the im- MERKLEY and CARPER have pointed out is information that Mr. Pruitt could pacts of climate change will increase in consistently, to disclose some 2,600 doc- and should have provided to the com- frequency and scale. Even the Depart- uments, showing correspondence be- mittee. As a result, information needed ment of Defense recognizes that cli- tween his office and the very compa- by the Senate to judge his fitness for mate change will impact the com- nies he is supposed to ensure follow the this position has yet to be revealed. plexity of future missions, including law. Committee members were told 19 sep- defense support to civil authorities, We know who some of those compa- arate times to get the information while at the same time undermining nies are. What is he hiding? Why won’t they were requesting from his own of- the capacity of our domestic installa- he tell the Senate what is in those doc- fice, the Oklahoma Attorney General’s tions to support training activities. uments? Why does the Senate Repub- Office, an office that has more than a 2- Climate change cannot be dismissed lican leader not want us to see those year backlog for such requests. That is as merely a political issue. We need to documents? Because he is saying, no, not the spirit of openness and trans- address the unfettered release of car- we have to vote on this now. It just parency we expect and must demand bon and other greenhouse gases and happens to be we will be looking at from witnesses, let alone from nomi- have a strong resilience strategy to ad- documents over the next few days, but nees who come before the U.S. Senate. dress the plight of future generations apparently it is not going to be able to How can the Senate adequately fulfill and the hazards already plaguing this affect this vote. its responsibility of advice and consent one; yet we continue to have political It could be because in the past he if nominees will not cooperate? Mr. claims thrown about that the EPA’s submitted letters to the EPA that were Pruitt has stonewalled the committee work to address climate change and written by the companies he is sup- and the entire Senate on answers to limit carbon emissions is to blame for posed to regulate. Think about that. basic questions about possible conflicts the decline in the coal industry. At An oil company writes a letter and of interest. He has refused to provide their base, these are more ‘‘alternative then that letter remarkably ends up relevant emails and other documents. facts.’’ This was confirmed yet again

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.213 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1369 this week as the owners of the Navajo health and wellbeing of Americans The Senate will confirm Mr. Pruitt. Generating Station, a coal-fired power must be a priority—not the wealth of a Of this, there is no question. But then plant in Arizona, voted to close the fa- few corporations and the individuals we will begin our duty to provide dog- cility at the end of 2019. It was not EPA that benefit from that wealth. America ged oversight of his actions at the regulations or the Clean Power Plan must be a global leader when it comes EPA. Public trust and confidence de- that were cited as the reason for the to addressing climate change if all na- mand the highest level of account- closure of the coal-fired plant. No, it tions are to take appropriate meas- ability to ensure the stewardship of our was the fact that, in a market that is ures.’’ federal funds, to safeguard the integ- saturated by cheap natural gas prices, As Vermont’s ski resorts have en- rity of the EPA, to base decisions on the plant was no longer economical to joyed over ample snow in the last rigorous, fact-based, peer-reviewed operate. Attempts by the President and week, I have heard from hundreds of science, for the protection of both pub- this nominee to spread alternative snow sport enthusiasts who are deeply lic health and our environment. facts and to misleadingly promise to worried about Mr. Pruitt leading the I worry that confirming Mr. Pruitt prop up an industry, by blaming action EPA. They know that climate change will turn the Environmental Protec- on climate change, is not the way to is a threat to our planet and to our tion Agency into the ‘‘Polluters Pro- move our country forward and stimu- economy. In recent years, we have seen tection Agency.’’ I cannot support his late innovation that will create good, abnormally high temperatures that se- confirmation. new American jobs that cannot be verely hurt our ski and tourism indus- Mrs. FEINSTEIN. Madam President, shipped overseas. tries in Vermont. Many ski areas saw I rise today to voice my concerns about For the benefit of the Senate record business down 20 percent, and some saw the nomination of Scott Pruitt for Ad- on this nominee, I would like to take a drop of as much as 40 percent. This ministrator of the Environmental Pro- this opportunity to share some of the does not just affect our ski areas and tection Agency. messages that I have received from our mountains, but also our res- More than 74,000 Californians have thousands of Vermonters over the past taurants, our local hotels, contractors, contacted my office expressing serious few weeks about this nominee. One and countless other businesses that are concerns about Mr. Pruitt’s nomina- Vermonter from Norwich, VT, a stu- driven by the vitality of our ski indus- tion. dent studying sustainability and envi- try. For the State of Vermont, the rev- Californians want an EPA Adminis- ronmental management, said she is enue from ski slopes is an important trator with a demonstrated commit- ment to protecting public health and fearful of Mr. Pruitt’s focus on elimi- part of our economy, and we need an the environment. Unfortunately, Mr. nating and defunding any programs EPA Administrator ready to tackle the Pruitt’s record shows the opposite: a that could help to stop climate change. problems of climate change, not one clear hostility to public health and en- She went on to describe the importance whose primary goal is supporting busi- vironmental protections at both the of peer-reviewed scientific research on ness as usual for the worst polluters. I agree with the thousands of Federal and State level. climate change and how Federal sup- Californians rightfully fear that Mr. Vermonters who have contacted me port for our leading academic institu- Pruitt’s only plan for the EPA is to concerned about this nominee. I be- tions to complete this research is in dismantle the Agency from within and lieve that Mr. Pruitt’s nomination our national interest as we monitor the give polluters free rein. Earth’s vital signs. sends exactly the wrong signal to the The EPA is the lead enforcement I also heard from a constituent from country and to the world as we are agency for bedrock environmental laws Essex Junction, Vermont, who shared combatting the global impacts and like the Clean Water Act, the Clean Air with me how he has seen firsthand at causes of climate change. His nomina- Act, and the Safe Drinking Water Act. his technology company how the Fed- tion represents a massive shift away The EPA works with States, local com- eral promotion of research and devel- from putting public health and the en- munities and tribes to provide funding opment has directly promoted innova- vironment first, and towards ‘‘Pol- and expertise for fulfilling these envi- tion and technological change. This in- luters ‘R’ Us’’—the industries that di- ronmental laws that keep our commu- novation and these technical advances rectly benefit from being given free nities healthy and safe. have led to new technologies that have rein to pollute. His past conduct sug- Based on his record as Attorney Gen- radically changed many aspects of our gests that he will do everything he can eral of Oklahoma and his past state- lives and have transformed our econ- to support those polluters and put their ments, including in his confirmation omy, creating jobs, and invigorating profits ahead of the public good. hearing, Scott Pruitt is not the right our entrepreneurial spirit. He was con- The decisions made by the Adminis- man for this very important job. cerned that Mr. Pruitt would seek to trator of the EPA affect the air we As the Oklahoma Attorney General, dismantle work that the EPA has done breathe, our scenic rivers, our precious Mr. Pruitt eliminated the State’s envi- to find better ways to solve environ- resources, the water that our children ronmental protection unit, which en- mental problems, from research and drink, and the rate at which the United forces State environmental laws, in- technology to regulation, community States contributes to the rapidly cluding suing polluters for criminal programs, and external partnerships as changing global climate. This ap- negligence. they work to find creative ways to pointee’s work will have a long-term Meanwhile, he’s led or participated in achieve results. global impact and a major impact on over 14 partisan lawsuits against the I also heard from Vermont farmers all of our children and grandchildren EPA, challenging the Agency’s ability like one in Bristol, VT, who shared and on our shared heritage and our nat- to implement Federal environmental with me how her family farm has expe- ural legacy as Americans. protections, lawsuits that challenged rienced the firsthand chaotic effects of In my years in the U.S. Senate, I protections against mercury pollution, climate change and has responded to have evaluated many nominees and I ‘‘polluter pays’’ clean-up requirements, the call to be more resilient. She have supported nominations from both the Clean Air Act, and the Clean Water voiced her willingness to cooperate Republican and Democratic Presidents, Act. with government regulations to pro- despite my reservations on some views And his rhetoric matches his record. tect our air, water, and soil and that they held. I have also opposed some Mr. Pruitt has repeatedly questioned we ‘‘need the EPA to use science and nominees because their records were so the validity of widely accepted science enforcement to lead the charge.’’ She clearly contrary to the public interest. that undergirds EPA action. He rou- went on to say that the head of the Rarely have I seen a nominee so totally tinely treats the scientific consensus EPA should be working to ensure that unqualified and so profoundly a threat on climate change as merely a debate. our air is clean to breathe and our to our environment. The views Mr. In an interview with Exploring Energy, water is safe to drink, not to ensure Pruitt and I hold on protecting Ameri- Pruitt stated: ‘‘There are scientists that polluters get a free pass. I agree cans’ health and our environment and that agree, there are scientists that wholeheartedly with her. addressing climate change are far too don’t agree, to the extent of man’s con- From rural Hartland, I heard from conflicting to allow me to support his tribution and whether it is even harm- one Vermonter who said that ‘‘the nomination. ful at this point.’’

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.040 S16FEPT2 S1370 CONGRESSIONAL RECORD — SENATE February 17, 2017 He dismissed the dangers of mercury Pruitt directly if he would commit to mud puddle on a family farm as a ‘‘nav- pollution, arguing in one of his law- upholding California’s right to issue its igable water’’—thus under the EPA’s suits: ‘‘The record does not support own regulations, which is the way we jurisdiction it has put on a show of so- EPA’s finding that mercury . . . poses participate in creating the national liciting ‘‘feedback’’ from the people public health hazards. . .’’ program. He declined, committing only who have to live under its rules, while At his confirmation hearing, when to review the issue, which is not ac- cavalierly dismissing most of their asked whether there is any level of lead ceptable. concerns, and all the while pursuing an exposure that is safe for children, he We in California know that climate activist agenda, whether through the could only reply ‘‘that is something change is real and is happening now. It Clean Power Plan or the waters of the that I have not reviewed nor know is contributing to more volatile weath- United States rule, it has failed to ful- about.’’ er, including longer, stronger droughts fill its core mission: keeping our people Even on his public profile, he de- and harsher bursts of rain. safe. Just remember, the EPA helped scribed himself as ‘‘a leading advocate We have a limited amount of time bring criminal charges and a $15,000 against the EPA’s activist agenda.’’ left to reduce the greenhouse gas emis- fine against a North Carolina farm We are supposed to trust someone to sions of our transportation and energy owner who accidentally spilled cow enforce our environmental laws who systems. If we allow the world to warm dung into a river; yet when it caused considers himself the primary foe of by more than 2 degrees C, we will be the wastewater spill into the Animas the EPA? That record is troubling locking in a future of unacceptable dis- River, it stalled and withheld impor- enough, but Mr. Pruitt also faces many asters for our children and grand- tant information from investigators. If conflict of interest issues that he has children. a company had acted like the EPA, it refused to commit to recusing himself Now, more than ever, we need strong would likely have faced criminal from as EPA Administrator, including: leadership as other major countries charges—brought about by the EPA. conflicts that would exist over ongoing like China and India have begun to en- It is this state of affairs that our lawsuits that he brought against the gage on the issue, and we cannot allow next EPA Administrator will inherit, EPA as Oklahoma’s Attorney General the EPA to reverse course and go back- and I want to take this opportunity to or matters or cases under the EPA’s ward after the progress we have made. say President’s Trump nominee, Scott authority that involve organizations In his words and actions, Scott Pru- Pruitt, has my support. from which Pruitt has solicited cam- itt has demonstrated more interest in I think he is especially qualified to paign funding. fighting against the mission of the lead the Agency at this time because During his hearing, Mr. Pruitt de- EPA than in fighting for it. he comes from rural America himself. flected questions over potential con- Mr. Pruitt has done little to nothing As the attorney general of Oklahoma, flicts of interest by stating the ‘‘EPA to protect the people of Oklahoma he fought the EPA’s overreach in court ethics counsel will evaluate that if a from the dangers and health problems more than half a dozen times. I believe matter or case comes up in the future.’’ caused by pollution, preferring to sue he understands that Arkansas farmers This is an inadequate protection on behalf of corporate interests. There and the American people know the against conflicts of interest. is nothing to suggest he would do any- The Environmental Protection Agen- needs of their land far better than thing different for the American people cy is very important to the health and Washington bureaucrats do. When I as EPA Administrator. well-being of the people of California. met with him a few weeks ago, we dis- For example, California received over For this reason and many more, I cussed the impact EPA regulations are $100 million in loans from the EPA last will vote against Scott Pruitt’s con- having on Arkansas farms, businesses, year to maintain and improve our firmation to head the EPA. and energy companies. We also talked water infrastructure, including waste- Mr. COTTON. Madam President, it is about Fort Smith’s issues with an in- water treatment systems, drinking hard to overstate the amount of dis- flexible EPA consent decree. It was water systems, and water recycling fa- trust there is between rural America clear from our conversation he knew cilities. Those funds were vital as our and the EPA. environmental law backwards and for- State grappled with an historic I represent the State of Arkansas, wards, but he also had something else: drought. where about 70,000 of our citizens are a real-world appreciation of the burden The EPA has also been a vital part- farmers. Agriculture is our largest in- that heavy-handed regulations put on ner with California in developing dustry, adding about $16 billion to our our farmers and on rural America. stronger motor vehicle efficiency economy every year. But even those I believe Scott Pruitt understands we standards. One of my proudest accom- members—big as they are—can’t give can have both a robust economy and a plishments was enacting landmark fuel you a full appreciation of just how im- healthy environment. I believe he will economy legislation, the Ten-in-Ten portant the land is to our people. Sure, pull back the EPA’s excesses and focus Fuel Economy Act, which raised fuel they make a living off it, but farming on its core mission. I believe, under his economy standards to the maximum isn’t just an ‘‘industry’’ to us—it is not leadership, the EPA can begin to re- achievable rate. This law marked the just another statistical category like build the trust it has lost with rural largest increase in fuel efficiency in ‘‘nondurable goods manufacturing.’’ It America, the trust that is necessary more than two decades and led to an is a way of life. The people of Arkansas for it to achieve its goals. And so, for administrative program expected to cultivate the land. They nurture it. all of these reasons, I will be voting to raise average fuel economy to 54.5 They teach their children how to care confirm. miles per gallon by 2025. for it. These are people who get up at Mr. WYDEN. Madam President, last This program is the greatest tool we 5 a.m. to milk the cows. They have had month I stood here to express my seri- have to reduce greenhouse gas emis- these farms in their families for gen- ous concerns about the nomination of sions from the transportation sector, erations. They pass on the land—and Scott Pruitt to lead the U.S. Environ- and it is working. An important tech- the values they have learned along mental Protection Agency. nical review concluded this July that with it. They believe in the EPA’s mis- As the vote draws closer, I want to automakers are already exceeding Fed- sion of preserving a healthy environ- reiterate those concerns and give voice eral benchmarks for improved fuel ment just as much as anyone. to the thousands of individuals and economy by 1.4 miles per gallon. Yes, they are stewards of the earth, groups in Oregon who have sent letters A large part of its success is the co- these men and women, yet the EPA too and made calls and spoken up in my operation between the Federal Govern- often treats them as criminals. In the town hall meetings. Oregonians have ment and California to establish a sin- last 8 years alone, the EPA has been expressed their fears that Pruitt will gle, coordinated, national program treating their property rights more steer us into a ditch when it comes to that is strong enough to satisfy all par- like a form of parole. It has passed protecting the environment and public ties and stable enough to guide invest- sweeping regulations that presume to health. I share their concerns, and I ment decisions by the auto makers. tell farmers when they can plant and cannot support this nomination. During his confirmation hearing, my how often they can run a tractor. It In my view, the importance of the colleague Senator HARRIS asked Mr. has declared something as tiny as a EPA cannot be overstated. The EPA is

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.042 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1371 at the heart of maintaining clean air days after Senate Republicans are forc- and severity of those risks did not become and clean water for every person in ing a confirmation vote. In the interest apparent until much later. this country, but Mr. Pruitt has made of transparency, the Senators should Mr Pruitt’s record and public statements a career of denying climate science, at- be able to read these emails before vot- strongly suggest that he does not share the tempting to weaken or even get rid of ing so we can make a fully informed vision or agree with the underlying prin- ciples of our environmental statutes. Mr. worker protections, air quality stand- decision. Pruitt has shown no interest in enforcing ards for toxic air pollutants, and basic By jamming this nomination through those laws, a critically important function environmental standards. Those today, Senate Republican leadership is for EPA. While serving as Oklahoma’s top rollbacks would hurt us all. forcing the Senate to vote on a nomi- law enforcement officer, Mr. Pruitt issued One prime example of how the EPA nee without knowing the content of more than 50 press releases celebrating law- has stepped in to protect Oregonians is the full background of this nominee. In suits to overturn EPA standards to limit during a recent air quality scare in my view, that is legislative mal- mercury emissions from power plants, reduce Portland. In 2015, researchers with the practice. smog levels in cities and regional haze in So I join my Democratic colleagues parks, clean up the Chesapeake Bay and con- U.S. Forest Service discovered that trol greenhouse gas emissions. in asking that the vote on Mr. Pruitt’s heavy metals including cadmium and In contrast, none of Mr. Pruitt’s many arsenic had been emitted for decades nomination to lead the EPA be delayed press releases refer to any action he has into the air of Portland neighborhoods until those thousands of emails are re- taken to enforce environmental laws or to and schoolyards at dangerous levels. leased and Members of the Senate have actually reduce pollution. This track record I called on the EPA to take action, the opportunity to review their con- likely reflects his disturbing decision to and within days they were on the tents. close the environmental enforcement unit in ground in Portland, testing the air The American people are demanding his office while establishing a new litigation quality and helping our community that Senate leadership delay Mr. Pru- team to challenge EPA and other federal agencies. wrap our heads around the public itt’s confirmation until this important health risks. It wasn’t long before they information is disclosed and questions These former EPA employees close identified the root of the problem and about his possible conflicts of interest the letter by stating: corrected course. are answered. The American people have been served by I am not confident that a Pruitt EPA On even the most basic level, Mr. EPA Administrators, Republicans and Demo- would have jumped to the aid of my Pruitt has a troubling history. He has crats, who have embraced their responsi- community in a time when parents denied the fundamental science that bility to protect public health and the envi- wondered if they had been poisoning should be used to inform public policy. ronment. Different administrators have their own children simply by feeding Time and time again, Mr. Pruitt has come to different conclusions about how best argued against the reality of climate to apply the law in view of the science, and them vegetables grown in their back- many of their decisions have been challenged yards. change, going so far as to dispute the in court, sometimes successfully, for either Mr. Pruitt’s career is defined by re- EPA’s rigorous science-based finding going too far or not far enough. But in the peated attempts to weaken or elimi- that greenhouse gases endanger public large majority of cases it was evident to us nate health-based environmental health and welfare. that they put the public’s welfare ahead of standards, weaken or eliminate limits The EPA cannot be run by an indi- private interests. Scott Pruitt has not dem- on carbon emissions that would help vidual with a career founded on alter- onstrated this same commitment. address the challenge of climate native facts; yet that is much of what I ask unanimous consent that the change, weaken or eliminate air qual- Scott Pruitt is promoting. full letter be printed in the RECORD at ity standards to fight the kinds of As I have said to Oregonians about the conclusion of my remarks. toxic air pollutants we saw in Port- this nomination and others, policy- Americans ought to have confidence land. Those rollbacks hurt us all. makers ought to come together and that the head of the EPA recognizes Mr. Pruitt has a history of attacking find the truth, not fall back on alter- what this job is all about—defending the very Agency he now wants to lead. native facts. the health of our communities, not the As attorney general of Oklahoma, he Nearly 800 former employees of the profits of energy companies or any has been involved in more than 20 law- U.S. Environmental Protection Agency other special interest; yet Mr. Pruitt suits against the EPA, and he has expressed opposition to Pruitt this has given no such assurance. Like failed to give Congress any kind of as- week in an open letter. These are 800 these former EPA employees, I would surances that he would recuse himself public servants who are dedicated to not have that confidence in a Pruitt from matters related to those lawsuits. the Agency’s core mission. EPA. I think Oregonians and the American Mr. Pruitt has clear connections with And now, with the release next Tues- people need to hear what is in this let- big businesses who profit from pol- day of thousands of his emails that ter. It states, in part: luting—oil and gas companies and coal- may document an alarming association hungry electricity giants, among oth- Our environmental laws are based on a with the very industries he is supposed partnership that requires EPA to set na- ers. He has a history of siding with to regulate, it seems particularly pre- these special interests at the direct ex- tional standards attind gives states latitude when implementing them so long as certain mature, even irresponsible, to push for pense of the health of our families and minimum criteria are satisfied. This ap- a vote on his confirmation today. communities. proach recognizes that Americans have an I share the concerns of the thousands According to news reports, as Okla- equal right to clean air and water, no matter of Oregonians and hundreds of current homa’s Attorney General and head of where they live, and allows states to com- and former EPA employees who have the Republican Attorneys General As- pete for business without having to sacrifice expressed their opposition to Mr. Pru- sociation, Pruitt helped raise millions public health or environmental quality. Our environmental laws include provisions itt. I will vote against him today be- from industries he is now expected to cause I do not have confidence in a regulate. directing EPA to allow for a ‘‘margin of safe- ty’’ when assessing risks, which is intended Pruitt EPA. More and more of this shadowy his- to limit exposure to pollutants when it is There being no objection, the mate- tory is coming to light. Particularly reasonable to expect they may harm the pub- rial was ordered to be printed in the after a judge has ordered him to release lic health, even when all the scientific evi- RECORD, as follows: thousands of his emails as Oklahoma’s dence is not yet in. For example, EPA’s first Attorney General just days from now, Administrator, Bill Ruckelshaus, chose to FEBRUARY 15, 2017. the Senate should not hold a vote on a limit the amount of lead in gasoline before Subject: Concerns about Scott Pruitt’s quali- fications to serve as EPA Administrator. nominee when more information may all doubt about its harmfulness to public come to light about an alarming asso- health was erased. His action spared much of Hon. RON WYDEN, the harm that some countries still face as re- Dirksen Senate Office Building, ciation with the very industries he sult of the devastating effects of lead on Washington, DC. would be regulating as head of the human health. Similarly, early action to re- DEAR SENATOR WYDEN, We write as former EPA. duce exposure to fine particle pollution employees of the Environmental Protection However, Mr. Pruitt has until next helped avoid thousands of premature deaths Agency (EPA) to share our concerns about Tuesday to release those emails—4 from heart and lung disease. The magnitude Oklahoma Attorney General Scott Pruitt’s

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.039 S16FEPT2 S1372 CONGRESSIONAL RECORD — SENATE February 17, 2017 qualifications to serve as the next EPA Ad- In a similar vein, Mr. Pruitt has gone to planet and that action is urgently needed be- ministrator in light of his record in Okla- disturbing lengths to advance the views and fore it is too late. homa. Our perspective is not partisan. Hav- interests of business. For example, he signed Mr. Pruitt’s indulgence in this dodge raises ing served under both Republican and Demo- and sent a letter as Oklahoma Attorney Gen- the fundamental question of whether he cratic presidents, we recognize each new Ad- eral criticizing EPA estimates of emissions agrees with the precautionary principle re- ministration’s right to pursue different poli- from oil and gas wells, without disclosing flected in our nation’s environmental stat- cies within the parameters of existing law that it had been drafted in its entirety by utes. Faithful execution of our environ- and to ask Congress to change the laws that Devon Energy. He filed suit on behalf of mental laws requires effectively combating protect public health and the environment as Oklahoma to block a California law requir- climate change to minimize its potentially it sees fit. ing humane treatment of poultry. The fed- catastrophic impacts before it is too late. However, every EPA Administrator has a eral court dismissed the case after finding The American people have been served by fundamental obligation to act in the public’s that the lawsuit was brought not to benefit EPA Administrators, Republicans and Demo- interest based on current law and the best the citizens of Oklahoma but a handful of crats, who have embraced their responsi- available science. Mr. Pruitt’s record raises large egg producers perfectly capable of rep- bility to protect public health and the envi- serious questions about whose interests he resenting their own interests. To mount his ronment. Different administrators have has served to date and whether he agrees challenge to EPA’s rule to reduce carbon pol- come to different conclusions about how best with the longstanding tenets of U.S. environ- lution from power plants, he took the un- to apply the law in view of the science, and mental law. usual step of accepting free help from a pri- many of their decisions have been challenged Our nation has made tremendous progress vate law firm. In contrast, there is little or in court, sometimes successfully, for either in ensuring that every American has clean no evidence of Mr. Pruitt taking initiative to going too far or not far enough. But in the air to breathe, clean water to drink and protect and advance public health and envi- large majority of cases it was evident to us uncontaminated land on which to live, work ronmental protection in his state. Mr. Pru- that they put the public’s welfare ahead of and play. Anyone who visits Beijing is re- itt’s office has apparently acknowledged private interests. Scott Pruitt has not dem- minded of what some cities in the U.S. once 3,000 emails and other documents reflecting onstrated this same commitment. looked like before we went to work as a peo- communications with certain oil and gas Thank you for considering our views. ple to combat pollution. Much of EPA’s work companies, but has yet to make any of these (All signatories are former EPA employees) involves preserving those gains, which available in response to a Freedom of Infor- Mr. MENENDEZ. Madam President, I should not be taken for granted. There are mation Act request filed more than two rise today in strong opposition to the also emerging new threats as well as serious years ago. gaps in our environmental safety net, as the Contrary to the cooperative federalism nomination of Scott Pruitt to be the drinking water crisis in Flint, Michigan, that he promotes, Mr. Pruitt has suggested Admininstrator of the Environmental painfully demonstrates. that EPA should refrain from trying to con- Protection Administration. Our environmental laws are based on a trol pollution that crosses state lines. For When looking at Mr. Pruitt’s record partnership that requires EPA to set na- example, he intervened to support a Farm on environmental issues, it is almost tional standards and gives states latitude Bureau lawsuit that would have overturned a hard to know where to start. when implementing them so long as certain cooperative agreement between five states You could examine his history of cli- and EPA to clean up the Chesapeake Bay minimum criteria are satisfied. This ap- mate denial, in which he has repeat- proach recognizes that Americans have an (the court rejected the challenge). When equal right to clean air and water, no matter asked how a state can protect its citizens edly rejected the scientific consensus where they live, and allows states to com- from pollution that originates outside its on the threat of climate change. pete for business without having to sacrifice borders, Mr. Pruitt said in his Senate testi- You could look at his cozy relation- public health or environmental quality. mony that states should resolve these dis- ship with the oil and gas industry dur- Our environmental laws include provisions putes on their own, with EPA providing ‘‘in- ing his tenure as attorney general of directing EPA to allow for a ‘‘margin of safe- formational’’ support once an agreement is Oklahoma. ty’’ when assessing risks, which is intended reached. But the 1972 Clean Water Act di- You could argue that Scott Pruitt to limit exposure to pollutants when it is rects EPA to review state water quality represents the same corporate interests reasonable to expect they may harm the pub- plans, require any improvements needed to lic health, even when all the scientific evi- make waters ‘‘fishable and swimmable,’’ and and crony capitalism that have long dence is not yet in. For example, EPA’s first to review and approve plans to limit pollut- prevailed inside the Beltway. Administrator, Bill Ruckelshaus, chose to ant loads to protect water quality. EPA’s You could discuss his refusal to an- limit the amount of lead in gasoline before power to set standards and limit pollution swer basic questions from the Environ- all doubt about its harmfulness to public that crosses state lines is exactly what en- ment and Public Works Committee, health was erased. His action spared much of sures every American clean air and water, even as he asks those same Senators to the harm that some countries still face as re- and gives states the incentive to negotiate vote for his confirmation. sult of the devastating effects of lead on and resolve transboundary disputes. Any one of these items should be dis- human health. Similarly, early action to re- We are most concerned about Mr. Pruitt’s duce exposure to fine particle pollution reluctance to accept and to act on the strong qualifying for a candidate tasked with helpedavoid thousands of premature deaths scientific consensus on climate change and leading the EPA, but the list of prob- from heart and lung disease. The magnitude act accordingly. Our country’s own National lems with Mr. Pruitt’s nomination goes and severity of those risks did not become Research Council, the principal operating even beyond those concerns. apparent until much later. arm of the National Academies of Science His nomination threatens the very Mr. Pruitt’s record and public statements and Engineering, concluded in a 2010 report foundations of the department he has strongly suggest that he does not share the requested by Congress that human activity been tasked with leading—whether you vision or agree with the underlying prin- is altering the climate to an extent that are talking about the Clean Air Act, ciples of our environmental statutes. Mr. poses grave risks to Americans’ health and Pruitt has shown no interest in enforcing welfare. More recent scientific data and the Clean Water Act, the Superfund those laws, a critically important function analyses have only confirmed the Council’s Program, or any of the other corner- for EPA. While serving as Oklahoma’s top conclusion and added to the urgency of ad- stone environmental protections Amer- law enforcement officer, Mr. Pruitt issued dressing the problem. icans have long enjoyed. more than 50 press releases celebrating law- Despite this and other authoritative warn- Scott Pruitt has made a career out of suits to overturn EPA standards to limit ings about the dangers of climate change, characterizing these environmental mercury emissions from power plants, reduce Mr. Pruitt persists in pointing to uncer- protections as red-tape, as job-killers, smog levels in cities and regional haze in tainty about the precise extent of human- and as government overreach. ity’s contribution to the problem as a basis parks, clean up the Chesapeake Bay and con- That might be good rhetoric when trol greenhouse gas emissions. for resisting taking any regulatory action to In contrast, none of Mr. Pruitt’s many help solve it. At his Senate confirmation you are arguing on the side of cor- press releases refer to any action he has hearing, he stated that ‘‘science tells us that porate polluters, as Mr. Pruitt has taken to enforce environmental laws or to the climate is changing, and that human ac- spent his career doing. actually reduce pollution. This track record tivity in some manner impacts that change. It might be good rhetoric when you likely reflects his disturbing decision to The ability to measure with precision the de- are trying to mask the significant ben- close the environmental enforcement unit in gree and extent of that impact, and what to efits of the laws you are fighting to un- his office while establishing a new litigation do about it, are subject to continuing debate ravel. team to challenge EPA and other federal and dialogue, and well it should be.’’ This is It might be good rhetoric, but it is agencies. He has claimed credit for an agree- a familiar dodge—emphasizing uncertainty ment to protect the Illinois River that did about the precise amount of humanity’s con- not reality. The reality is that our Na- little more than confirm phosphorus limits tribution while ignoring the broad scientific tion’s environmental laws are designed established much earlier, while delaying consensus that human activities are largely to provide basic protections for human their enforcement another three years. responsible for dangerous warming of our health and quality of life.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.045 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1373 But that fact is often obscured by the tended to be our Nation’s frontline en- was the Clean Air Act that gave us the rhetoric that Mr. Pruitt peddles. And vironmental regulator.’’ tools to drastically cut the pollutants since the EPA and many of its Well, I have news for Scott Pruitt. that cause acid rain. The Clean Air Act foundational laws were created decades When the EPA doesn’t lead, cost-cut- helps to protect downwind States like ago, it can be easy to forget what the ting measures undertaken by a State New Jersey from pollution emitted by world looked like before we had strong can lead to thousands of Americans power plants in other States. The environmental protections. being poisoned by lead in their water. Clean Air Act has been used to phase So before we confirm an EPA Admin- When the EPA doesn’t lead, polluters, out pollutants that destroy the ozone istrator intent on dismantling every blinded by the pursuit of profit above layer, yielding significant health bene- one of those protections, let’s do a all else, can dump unlimited and un- fits including a reduction in skin can- quick history lesson. regulated amounts of pollution into cer. The Clean Air Act has been used to Democrat, Republican, or Inde- our water. reduce mercury from power plants, pre- pendent, one thing that Americans This isn’t speculation. We have seen venting tens of thousands of premature agree on is the need for clean water. In it before. The Clean Water Act was deaths, heart attacks, and asthma at- fact, according to a 2016 Gallup poll, 61 passed in 1972 in large part due to pub- tacks. The Clean Air Act has helped re- percent of all Americans are ‘‘a great lic outrage after the Cuyahoga River duce pollution at our National Parks, deal’’ worried—not a little worried, but caught fire in 1969. Yes, the river supporting tourism and local econo- a great deal worried—about pollution caught fire. This sounds outlandish and mies across the country. And in 2007, of drinking water, and 56 percent of all incredible to us today, but perhaps the Supreme Court affirmed the Clean Americans are ‘‘a great deal’’ worried— even more astounding is the fact that Air Act’s role in the environmental cri- again, a great deal worried—about the this was not necessarily abnormal. It sis of our time, the fight to reduce pollution of rivers, lakes, and res- wasn’t the result of some single inci- greenhouse gas emissions and protect ervoirs. dent or accidental spill. This was the against the threat of climate change. Among hunters and anglers, a group result of years of pollution and un- It is worth noting that, since the that many of my friends across the sound practices employed by many dif- Clean Air Act became law, the Nation’s aisle claim to champion, those num- ferent industries across the economic gross domestic product grew by 246 per- bers are even more dramatic. A 2015 spectrum. cent—so much for job-killing regula- poll found that nearly 90 percent The Washington Post notes that the tions. thought that the Clean Water Act was Cuyahoga burned at least 13 times, and But in spite of these benefits, bene- a good thing, and 75 percent supported that is just one river. River fires were fits that accrue to every American and the application of the Clean Water Act recorded in Maryland, Michigan, New benefits that save lives and reduce dis- to headwater streams and wetlands. York, Pennsylvania, and other States ease, Scott Pruitt has a record a mile Now, at a time when a strong major- as well. So it becomes clear that this long trying to dismantle the Clean Air ity of Americans are so concerned was a pervasive problem, and a na- Act. about the quality of their drinking tional problem, and a problem that had He sued the EPA over cross-state air water and the cleanliness of waterways to be addressed on the national level. pollution rules. He sued the EPA over across the country and support the ap- And we did address it largely through mercury and air toxin limits. He sued plication and enforcement of the Clean the Clean Water Act, but we have to the EPA when they tried to reduce Water Act, it seems that we should be continue that progress, not roll it smog. He sued the EPA when they lim- working to strengthen the protections back. Even now, in places like China, ited pollution in national parks. And that keep our water clean. where strong federal clean water laws he sued the EPA when they proposed But that is not what Scott Pruitt has don’t exist, these river fires still occur. limiting carbon pollution from power done, and it is not what he will do if we Scott Pruitt calls himself an ‘‘advo- plants. allow him to become the Administrator cate against the EPA’s activist agen- Mr. Pruitt’s record has repeatedly of the EPA. No, instead Scott Pruitt da.’’ demonstrated that he has no interest has worked tirelessly to gut the Clean If fighting for clean water is an activ- in maintaining basic environmental Water Act. ist agenda; if enforcing sound environ- standards. I have no reason to believe His lawsuits have sought to under- mental practices that safeguard public that he would behave any differently if mine the fundamental protections af- health is an activist agenda; if pro- confirmed as EPA Administrator. But forded to our waterways to the det- tecting wetlands that not only provide Scott Pruitt’s disdain for the EPA goes riment of the health of our families critical wildlife habitat, but also act as beyond even the lawsuits he filed. and our environment. vital buffers that protect our commu- In questions for the record for the He has sued to prevent the Clean nities from flooding, is an activist Environment and Public Works Com- Water Rule, a court-ordered clarifica- agenda; well, then I guess you can call mittee, Mr. Pruitt was asked to name tion of the protections of the Clean me an activist, and his record has even one EPA regulation he supported Water Act, from going into effect. shown that Scott Pruitt is anything and he couldn’t name even one. He has joined lawsuits and filed but. And his attacks on the Clean He wasn’t put on the spot. These briefs to make it easier for mining Water Act aren’t unique. Mr. Pruitt were written questions, which Mr. Pru- companies to dump waste and fill ma- has sued the EPA time and again in an itt had ample time to consider and an- terial anywhere they want, destroying effort to dismantle the Clean Air Act. swer. And yet he couldn’t produce a mountain streams and negatively im- The Clean Air Act was enacted in single example of an EPA standard he pacting water quality. 1970, at a time that many of our Na- supported. Scott Pruitt didn’t feel that the EPA tion’s cities and industrial regions An EPA standard that immediately should even have the authority to con- were blanketed in smog. In the 47 years comes to my mind is Superfund—a bi- duct a survey about industrial farming since the passage of the law, the Clean partisan program committed to ensur- practices that can generate toxic run- Air Act has proven to be one of the ing that polluters pay to clean up their off that could find its way into our riv- most effective public health measures toxic dump sites. ers and streams and drinking water re- ever taken in this country. Under the New Jersey has the most Superfund sources. Clean Air Act, we have achieved 70 per- sites of any State in the Nation—114 He has even joined big polluters in a cent reductions in the levels of six of total. These sites threaten public lawsuit against a collaborative effort the most dangerous air pollutants. health, stifle economic opportunity, by Chesapeake Bay States and the EPA Under the Clean Air Act, new heavy- and undermine quality of life. to clean up the bay, despite the fact duty trucks and buses became 99 per- They are a toxic legacy from a time that it had nothing to do with Okla- cent cleaner than those vehicles were when we had no watchdog to prevent homa. in the 1970s. Under the Clean Air Act, corporations from dumping their waste I think that Mr. Pruitt’s views can lead was banned from gasoline, ending into our soil or our water. best be summed up in his own words. a significant health risk—one that was Today there are over 1,300 Superfund He claims that, ‘‘the EPA was never in- particularly dangerous for children. It sites throughout the Nation—13 sites in

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.049 S16FEPT2 S1374 CONGRESSIONAL RECORD — SENATE February 17, 2017 Alabama, 37 sites in Wisconsin, 53 sites The PRESIDING OFFICER. Without vive in agriculture in Kansas and this in Florida, and even 7 sites in Okla- objection, it is so ordered. country is related to our ability to ex- homa, Mr. Pruitt’s home State. AGRICULTURE port those agriculture commodities, as This is a problem that transcends ge- Mr. MORAN. Madam President, the well as food products, around the globe. ographic and partisan divides. It is a Natural Resources Conservation Serv- In the confirmation hearings that I challenge we should be united in our ice is one of the best opportunities we have been involved in based upon my commitment to fixing. Yet Mr. Pruitt have—and some of the best stewards we committee assignments and in addition wouldn’t even cite Superfund as an ex- have for caring for lands in Kansas are to conversations with the nominee to ample of an EPA regulation he sup- our farmers and ranchers. What a great be the Secretary of Agriculture, Gov- ported. If he doesn’t support the pro- combination in the public-private part- ernor Perdue, I have highlighted time gram, how can we trust him to imple- nership when we work together to im- and time again the importance of ex- ment it? prove our water quality and quantity, ports. EPA is absolutely critical in bringing work to make sure our air is cleaner, If we face this struggle—a struggle the companies responsible for pollution make certain, as best we can, that the we do absolutely face today—a way we to the table, creating strategies for dust doesn’t blow in Kansas. can help improve that circumstance is cleaning up these sites, and overseeing While we talk about environmental to sell more grains, more meat prod- the clean-ups themselves. issues, I want to mention the work ucts, more beef, more pork into foreign How can we trust Mr. Pruitt to nego- country markets. It is not happening tiate on behalf of our communities if that goes on in my home State and the way it needs to happen to lift the he can’t even bring himself to admit places across the country with a part- prices and therefore increase the the value of the law? nership that occurs by the Department The fact that a program as basic and of Agriculture—USDA—its agency, the chances that farmers and ranchers will bipartisan as Superfund didn’t garner NRCS, and landowners in my State. survive the difficult and challenging Scott Pruitt’s support should be of con- I want to highlight the cir- economic circumstances. cern to us all. cumstances those farmers and ranchers I almost said ‘‘as an aside.’’ Let me The U.S. has many environmental find themselves in today. In 2016, the mention another challenge. It really challenges left to confront, but we have price of wheat hit a decade low. Wheat isn’t an aside, it is so important. We also made a lot of progress since the prices fell from a high of $7.60 a bushel have difficult times in agriculture. It is days before we had strong environ- in 2013 to $4.11 per bushel in 2016, from a cyclical world, and prices are up and mental protections. $7.60 to $4.11 in just a short period of prices are down based upon the laws of We can’t turn back the clock to the time. supply and demand. But in difficult days when rivers caught on fire, when Unfortunately, those prices have con- times, we have always in the past been smog choked our cities, and when cor- tinued to stay low. Often in Kansas, able to count upon a lender, a banker porations were free to dump unlimited when commodity prices are a challenge who is willing to help that farmer, that chemicals into the soil and water. Yet, for those who raise crops, we are able rancher get through difficult times. that is exactly what Scott Pruitt has to supplement our income by the price The regulatory environment our spent his career doing. His tenure as of cattle—our ability to raise quality bankers now face, particularly in rural Oklahoma Attorney General provides beef and to sell that in markets and to communities where there is a relation- example after example of legal actions compensate for the challenges that ship—we often operate in banks in my taken on behalf of moneyed corporate occur on the crop side of agriculture. State, and certainly in rural commu- polluters, but he failed to provide even Unfortunately, the same thing has nities across Kansas, as a result of a re- one real example of action he took happened in the livestock market as lationship. So our bankers—those who against polluters on behalf of the peo- well. Live cattle prices dropped from lend money to farmers—know those ple of Oklahoma. $166 per hundredweight in January of farmers. They know their families. I take my responsibility to provide 2015 to $132 per hundredweight in Janu- They know their parents, their grand- advice and consent to the President on ary of 2016; again, a fall from $166 to parents. They were the financier. They his nominees very seriously, and as I $132. were the ones able to lend working cap- have looked into Mr. Pruitt’s record, Those things combined, low com- ital to farmers in good times and bad. one thing has become abundantly modity prices, low price for wheat, low Our regulators and I have visited clear. Scott Pruitt doesn’t work for prices for cattle, mean that agriculture with the Officer of the Comptroller of you. He works for the polluting indus- in rural America is hurting greatly. the Currency, the FDIC, the Federal tries that have bankrolled his political This is a tremendous challenge and ap- Reserve, the state banking commis- career. His nomination to head the pearing to be perhaps the most difficult sioner in our State, all with the mes- EPA poses significant risk to our Na- time that agriculture producers, farm- sage that in these difficult times, we tion’s most basic environmental pro- ers, and ranchers face in the Midwest can’t let the consequences of Dodd- tections. since the thirties. Frank overwhelm the ability for a Protections like the Superfund pro- I have come to speak about this banker to continue to make decisions gram, the Clean Air Act, and the Clean today. Senator ROBERTS, the chairman about lending money to agriculture Water Act have provided a legacy of who chairs the Agriculture Committee, producers. We can’t let the authority health and wellness for millions of is having a hearing of the Agriculture of making that decision, based upon Americans. And time and time again, Committee in Kansas during the next long generations of relationships be- Mr. Pruitt has proven untrustworthy few days. I appreciate the opportunity tween those in agriculture and those in as a protector of that legacy. he is providing Kansans to have input financing agriculture, be overcome by For that reason, I oppose his nomina- as the process begins for a new farm the rules and regulations that followed tion as Administrator of the EPA and bill. I congratulate him and welcome the passage of Dodd-Frank, particu- urge my colleagues to do the same. the input that everyday folks who earn Mr. BROWN. I suggest the absence of larly as it relates to those relation- a living in agriculture will have as a a quorum. ships with community banks and lend- The PRESIDING OFFICER. The result of his efforts. ers. clerk will call the roll. What I want to highlight today is So while it is challenging in agri- The legislative clerk proceeded to that with the circumstances so chal- culture due to the prices, one of the call the roll. lenging, we need to do things that re- reasons we have been able to survive Mr. MORAN. Madam President, I ask duce the input cost associated with over the years in low-price times is be- unanimous consent that the order for production agriculture. But the focus I cause of that relationship and under- the quorum call be rescinded. want to make today is that we need standing. The PRESIDING OFFICER. Without every market possible for our farmers I know this farm family—this is the objection, it is so ordered. and ranchers to sell into. Ninety-five banker talking—I know this farm fam- Mr. MORAN. Madam President, I ask percent of the mouths to feed, 95 per- ily, and I have lent money to them for unanimous consent that I be able to be cent of the consumers are outside the a long time. I lent money to their fa- speak as in morning business. United States, and our ability to sur- ther or their grandfather, their mother

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.050 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1375 or their grandmother. They have the leagues here on the Senate floor today many of his pro-business policies. But there integrity, the character, and the abil- and to express the desire to work with are very few policy decisions that touch ity to repay. each of them as we develop the efforts every facet of our lives like environmental If the lending in rural America be- to make certain that exports are front policies do. Our environment affects our comes nothing more than a computer health, our economy and our everyday lives. and center, particularly as they relate The decisions we now make will affect Amer- program in which you punch in the to agricultural interest of the United icans for generations to come. numbers and character becomes some- States. She goes on to say: thing that is irrelevant—there is not a Madam President, I yield my time. computer program to measure char- I yield the floor. My son is 5 months old. Like any parent, I The PRESIDING OFFICER. The Sen- can only hope I am able to advance my son’s acter. If we lose the opportunity for a life by leaps and bounds, as my parents did relationship developed between a lend- ator from Delaware. for me. er and a farmer, we lose the ability to Mr. CARPER. Madam President, my However, I am extremely concerned that, make things work in difficult times. friend from Kansas is here. A lot of should Mr. Pruitt be chosen as the next Ad- Those times are with us. people around the country think there ministrator of the EPA, the decisions we The primary point I would like to is probably not much we agree on. I make today will make it nearly impossible make today is that we need exports want to say that I agree with just for me to leave my son a better environment and we need them now. And while there about everything the Senator from than the one I brought him into. In short, we need an EPA Administrator is always a debate about the value of a Kansas just said. And the fact that 95 who will work to prove America is the best particular trade agreement—and that percent of the world’s markets are out- when it comes to environmental policy. Mr. debate is useful—we ought never lose side of our borders—if we lose sight of Pruitt is not that person. sight that there is no real debate about that, forget about the value of exports; I share this letter today so that our the value of exports. So we need to put we make a huge mistake. colleagues know that my constituents in place the mechanisms that allow I was a supporter of the Trans-Pacific and, indeed, Americans across the farmers and ranchers and others in my Partnership. I believe the Senator from country do care deeply about the per- State to be able to export a product Kansas was, as well. Some people are son who will lead the EPA, although around the globe. saying: Well, we need to forget all they may support other nominees of I would encourage the administration about that, and what we need to do is President Trump. Those who have con- and I would encourage Members of Con- renegotiate NAFTA. tacted us want to know that the indi- gress, as we develop our policies in this In the context of negotiating the vidual leading the EPA is on their side new session, to make certain that ex- transpacific trade agreement, we nego- and that the first question that person ports are front and center in our eco- tiated NAFTA. I hope you won’t throw will ask is, How will this affect the en- nomic policy because the survival of out that baby with the bath water as vironment and how will this affect the the folks I represent in Kansas and the we go forward. health of the least of these, like communities in which they live is in I commend the Senator for his re- Danielle’s 5-month-old son? jeopardy if we don’t get those markets marks and say how much I enjoyed Clearly, thousands upon thousands back and if we don’t retain those mar- working with him on many issues. I are afraid or fearful that Scott Pruitt kets. hope to work with him again. doesn’t care to ask those questions and Exports are important to us. We Madam President, I mentioned ear- that he will not be an advocate for the can’t afford not to pursue each and lier today before the Presiding Officer American people whom the EPA is every one of them. If we are not going took the chair that I received a lot of charged with protecting. I share their to have multilateral trade agreements, letters, emails, phone calls, and faxes concerns. we need to have bilateral trade agree- from Delawareans who are concerned I yield the floor and reserve the re- ments, and we can’t wait very long for about the nomination of Mr. Pruitt to mainder of my time. those agreements to take place. lead the EPA. As of today, my office Again, 95 percent of the consumers The PRESIDING OFFICER. The Sen- has received a total of 7 letters sup- ator from Alaska. live outside the United States, and our porting Mr. Pruitt’s nomination and ability in Kansas to have a bright fu- Mr. SULLIVAN. Madam President, I we have received 1,880 letters opposing rise in support of Attorney General ture is determined by the ability to his nomination—remarkable numbers. connect with those consumers outside Scott Pruitt to be the next Adminis- Please compare this number to the 278 trator of the Environmental Protection the United States. letters my office received opposing the If I can take just one more moment Agency, and I think it is important, as nomination of Congressman TOM PRICE to also point out that I have requested we are continuing this debate, to make to lead the Department of Health and a couple of things perfectly clear. USAID and the Department of Agri- Human Services. That is pretty amaz- culture in our food and hunger pro- We all, like the Senator from Dela- ing. The Republican nominee to lead ware who has been leading the debate, grams around the globe to increase the the Department of Health and Human role that wheat and other commodities believe in clean water, clean air, how Services, 278 letters against; Mr. Pru- play in feeding a hungry world. We important that is to all Americans, itt, 1,880 letters and emails against. want to sell commodities in the export certainly important to my State, Delawareans are clearly paying atten- market, but as we develop our pro- which has some of the cleanest water, tion, and they are clearly concerned by grams to combat hunger, we can get cleanest air, the most pristine environ- the idea of Mr. Pruitt being charged something that is very noble and some- ment in the world. I certainly don’t with safeguarding our environment and thing very valuable—helping people think any of us debate that. We all our health. around the globe be able to go to bed agree on properly disposing of waste I want to take a moment to read a with a full stomach is a desirable and and cleaning up contaminated sites. letter sent to me—I have gotten a lot noble goal, and the utilization of an in- And just this past year, Congress of letters—a letter sent to me last creasing amount of agriculture or com- passed very dramatic legislation, very week from a woman named Danielle D., modities grown in the United States in important—bipartisan, by the way; I a new mother and small business owner that effort would benefit farmers in our am on the Environment and Public who lives in Wilmington with her in- country, as well. It is the proverbial Works Committee—the Toxic Sub- fant son. Danielle wrote to me because win/win. The noble accomplishment of stances Control Act, TSCA, which does her concerns go beyond politics and to helping people fight back food insecu- that. And I think most of us agree that the core values of giving our children rity and at the same time creating an the EPA has an important role in en- additional opportunity for the export the best lives possible. Danielle writes: suring that we have clean water—with- of wheat, for example, which, because Dear Senator Carper, I am reaching out to in the authority granted to that Agen- you today as both a new mother and a small cy by Congress. So I think the vast ma- of significant amounts of harvest, is in business owner urging you to oppose Scott an overabundant supply—is in abun- Pruitt’s nomination as Administrator of the jority of this body agrees with that. dant supply here in the United States. U.S. Environmental Protection Agency. But as I have been listening to my Madam President, thank you for the As a business owner, I support a number of colleagues on the other side of the aisle opportunity to visit with my col- President Trump’s cabinet nominations and and their criticism of Attorney General

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.215 S16FEPT2 S1376 CONGRESSIONAL RECORD — SENATE February 17, 2017 Scott Pruitt, one thing that has not Clean Water Act and the Clean Air Act. court, a district court, a court of ap- come up over the past 24 hours in this The principle establishes that the peals, had heard the arguments on that debate—as a matter of fact, on the States and the EPA are partners. In- rule. Think about that. Do you know EPW Committee, on which I sit, the deed, under these Federal laws, the how many times the U.S. history that past 2 years, I don’t think I heard my States are the primary protectors and has happened? Do you know how many colleagues on the other side of the aisle implementers of our environmental times in the history of the U.S. Su- ever talk about this issue, and it is a protection laws. preme Court that has happened? Never very important issue for the country. That is in the law. That is in the Fed- before. It was the first time in the his- It is the rule of law and the U.S. Con- eral law. But for the past 8 years, the tory of the Supreme Court that it saw stitution. EPA has consistently ignored this on a rule that it probably felt was so egre- We have been debating Scott Pruitt’s major rules. The most dramatic is gious that it put a stay on it before any nomination for a while now, but not right here, the waters of the United other court ruled on that rule. It was one of my colleagues has uttered that States. Thirty-two States sued to stop pretty dramatic, pretty remarkable. phrase—not one—even though many of the EPA on this regulation. What hap- Clearly, the U.S. Supreme Court has my colleagues are lawyers and former pened in the lawsuit? The Sixth Circuit serious doubts about whether the EPA law professors and former attorneys Court of Appeals put a stay on the en- is acting in a lawful manner on the general themselves. tire rule, expressing serious doubts Clean Power Plan. If you think it is Why is this important? Why is it im- about its legality. That is one instance just conservative jurists and lawyers portant to have a debate on the rule of and a big deal. and Senators who hold that view, you law when we are looking at Scott Pru- Let’s look at another one, the so- would be mistaken. Here is what Lau- itt’s nomination? called Clean Power Plan. I know the rence Tribe said about the EPA’s au- Well, I think it is incredibly impor- Presiding Officer has talked this, about thority with regard to the Clean Power tant because if you looked at the how it is very concerning for her State Plan. EPA’s actions and activities and focus of West Virginia. Whatever your views For those of you who don’t know over the last 8 years—the last 8 years— are on climate change and the appro- Laurence Tribe, he is a very well-re- it has not been an Agency that has fo- priate response, there should no debate spected constitutional law professor at cused on the rule of law. In many ways in this body that we have to address Harvard but very liberal. He was Presi- it has been a lawless Agency, a rogue this issue in a way that is consistent dent Obama’s law professor, but he is Agency. So when we are having this de- with the U.S. Constitution and rule of well-respected. Here is what he said bate, we need to put the debate of law—no debate. about the EPA’s authority on this very Scott Pruitt’s nomination and con- Again, I never hear anyone talk important regulation. He wrote in firmation in the context of what has about the rule of law on the other side. challenging the Clean Power Plan: happened over the last 8 years. So this rule is promulgated. Once Even more fundamentally, the EPA, like We have had an Agency in the EPA every administrative agency is constitu- again, the Environmental Protection tionally forbidden to exercise powers Con- that does not listen to States, even Agency, in the promulgation of this though it is required to by Federal law; gress never delegated to it in the first place. rule, took actions that the court and The brute fact is that the Obama administra- that ignores the rule of law, as evi- commentators across the political tion failed to get climate legislation through denced by numerous Federal court de- spectrum viewed as likely another ille- Congress. Yet the EPA is acting as though it cisions rebuking it; and that believes it gal rule by the EPA. has the legislative authority anyway to re- has the power to regulate every nook So, like the waters of the United engineer the nation’s electrical generating and cranny of American life—every States rule, numerous States and oth- system and power grid. It does not have this power. economic activity of America. That is ers sued to stop the Clean Power Plan, That is Laurence Tribe. He later tes- literally what we have right now with in which the Environmental Protection tified in front of the House Energy and regard to our current EPA. This is not Agency claimed somehow they had the Commerce Committee in 2015 with re- just one Senator making this claim. It authority to regulate almost the entire gard to this regulation: has become the conventional wisdom U.S. energy sector. Look at the rule. and the common narrative with regard That is what they are claiming, that The EPA is attempting to exercise law- making power that belongs to Congress and to this EPA in the last 8 years by a va- Congress somehow gave them that riety of Federal courts and law profes- the judicial power that belongs to the Fed- power. eral courts. Burning the Constitution should sors throughout the country. In a previous Supreme Court case not be part of our national energy policy. Let me provide a few examples. A called Utility Air Regulatory Group, EPA is attempting an unconstitutional number of my colleagues have talked which was a lawsuit against the EPA— trifecta: usurping the prerogatives of the about the waters of the United States at the time I was serving as attorney States, Congress and the Federal courts all rule, WOTUS, and how this aggressive, general for the State of Alaska and was at once. far-reaching rule claims authority—the one of the AGs who initiated this suit— That is Laurence Tribe. That is Har- EPA claims authority to regulate lit- the EPA lost that one, and the Su- vard professor Laurence Tribe, who be- erally puddles and irrigation ditches preme Court and Justice Scalia, in lieves EPA is clearly acting in an un- throughout the country, an enormous writing the majority opinion stated: constitutional manner. power grab. When an agency, the EPA, claims to dis- It is not just losing in court and in A number of us were concerned about cover in a long extant statute an unheralded the realm of both conservative and lib- this. In hearings and in letters, I asked power to regulate a significant portion of the eral leagues of public opinion; it has the previous EPA Administrator, Gina American economy, we typically greet its been the way that the EPA leadership, McCarthy, where she got the legal au- announcement with a measure of skepticism. from the top to its foot soldiers, has thority to do this. It was a pretty big We expect Congress to speak clearly if it treated the American people over the deal. It took months to get an answer. wishes to assign an agency decisions of vast last 8 years—the American people States, under the law, are supposed to economic and political significance. whom the Environmental Protection be consulted on this issue. States like In other words: EPA, you didn’t have Agency is supposed to serve. my State, the great State of Alaska, the power to regulate a huge swath of That treatment can be described in were not consulted. They were ignored. the American economy. The Supreme many ways as with disdain. Let me So what happened? What happened? Court struck that down—Utility Air provide a few examples of that. On the Thirty-two States—bipartisan by the Regulatory Group v. Environmental eve of another Supreme Court case, way, including Alaska—sued the EPA Protection Agency—so it was not sur- which the EPA lost—this is EPA v. over this law, over this regulation, the prising that with regard to the Clean Michigan—EPA Administrator Gina waters of the United States. This is a Power Plan regulation, the Supreme McCarthy was asked on a TV show, Did critical point. ‘‘Cooperative fed- Court of the United States put a stay she think she was going to win the eralism,’’ another term I have heard on that rule. The Supreme Court of the case? very little of in this debate, is the bed- United States put a stay on that rule She responded as you would think rock of environmental laws like the before any other court, any other lower most Administrators would. She said

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.216 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1377 yes, she was going to win. OK. That is This was the leader of an Agency environmental laws. Congress has wisely and fine. She probably believed it and had serving the people, and yet she was appropriately directed the EPA through our good lawyers telling her that. But then doing it in a way that is clearly dis- environmental statutes to utilize the exper- she went on to say this: tise and resources of the States to better respectful. protect the environment, and for the States But even if we don’t [win], it was 3 years Let me talk about another incident to remain our nation’s frontline environ- ago. Most of [the companies] are already in in Alaska, in a place called Chicken, mental implementers and enforcers. If we compliance, investments have been made, AK, where we have plaster miners out truly want to advance and achieve cleaner and we’ll catch up. mining—small mining operations, fam- air and water the States must be partners Think about that quote. This is the ily businesses, mining for gold. and not mere passive instruments of federal head of the EPA, essentially saying: The EPA thought there was going to will. If confirmed, I will utilize the relation- Even if we lose, we win. We are the be some Clean Water Act violations, ships I have forged with my counterparts in the States to ensure that EPA returns to its Federal Government. We don’t have to which they never found. So what did abide by the law. Those companies and proper role, rather than using a heavy hand they do? They didn’t talk to the local to coerce the States into effectuating EPA American citizens who are abiding by community. They did a raid—body policies. the law, who are abiding by the regula- armor, assault weapons—on my con- Cooperative federalism—that is in tions, they have already made invest- stituents, a raid, a military assault to the law, and he wants to uphold it. ments—hundreds of millions. They are find clean water violations, which they Third, and finally, he said: stuck. We win. Heads we win, tails we never found, and they never apologized It is critical to me that EPA also truly lis- win. That is a remarkable statement for the raid. ten to the diverse views of the American peo- by the leader of a Federal Agency who Now, you might ask: What does all ple, and learn from them. If confirmed as Ad- shows disdain for the law. this have to do with the nomination of ministrator, I am committed to ensuring Let me give you another example. Attorney General Pruitt? My answer EPA’s decisions are conducted through open My colleague and good friend from Col- is: Everything; everything. processes that take into account the full orado came down and talked about the range of views of the American people, in- He understands that the EPA needs a cluding the economic consequences of any Animas River and what happened serious course correction, that it must there. Clearly it was a mistake. I don’t regulation. get back to listening to the States and Environmental regulations should not believe that the EPA meant to do that, following the rule of law and, most im- occur in an economic vacuum. We can simul- to spill millions of gallons of toxic portantly, regaining the trust of the taneously pursue the mutual goals of envi- waste into a river. But in a hearing in American people, which has been lost ronmental protection and economic growth. the EPW Committee, I asked the Ad- over the last 8 years due to some of the But that can only happen if EPA listens—lis- tens to the views of all interested stake- ministrator: Well, are you going to actions I just described. hold the EPA officials who did that to holders, including the States, so that it can The American people see this. They determine how to realize its mission while the same standard you would the pri- see statements like this, and they vate sector? In the private sector, in considering the pragmatic impacts of its de- know this has been an Agency that has cisions on jobs, communities, and most im- similar kinds of activities, the EPA has not been acting in their interests and portantly, families. actually criminally charged people for has not been acting according to the Finally, in the closing of his opening doing something like that—neg- law. statement, Attorney General Pruitt ligence—criminally charged them. Not only does Attorney General Pru- said this: She looked at me and said: Senator, itt understand this, he emphasized this My time as Attorney General of Oklahoma not only are we going to hold ourselves during his confirmation hearing—6 afforded me the opportunity to travel my to that standard, we are going to hold hours long, which I sat through the en- state meeting farmers, ranchers, landowners, ourselves to a higher standard. tire thing. and small business owners of all sorts. These OK. That is a pretty good answer. Let me conclude by reading a few ex- are good people—hardworking Americans So what has happened on the Animas who want to do the right thing by the envi- River, with the EPA holding them- cerpts of his opening statement. The ronment. They want the air that their chil- selves to a higher standard? Remem- American people need to hear this be- dren breathe and the waters in which they ber, they put people in jail for doing cause this is what Attorney General swim to be clean. They want to follow the this. Was anyone held responsible? Was Pruitt is going to do when he leads the law. But recently they have felt hopeless, subject to a never ending torrent of new reg- anyone criminally charged? Did anyone EPA. He said his priorities were: First, under our Constitution, the ulations that only a lawyer can understand. go to jail? They fear the EPA, and that just shouldn’t Of course not. Nothing happened. role the EPA plays in protecting the environment is defined by statute, just be the case. If confirmed, I will work tire- In my State, the EPA’s disdain for lessly to ensure that the EPA acts lawfully, my constituents has manifested itself as statutes limit every Federal Agency. sensibly, and with those hardworking Ameri- in a couple of remarkable ways. First, Members of this body—the Senate— cans ever in mind. we had the Administrator, former Ad- and the House of Representatives have That is how he ended his testimony. ministrator Gina McCarthy, in Alaska worked tirelessly over decades to set Scott Pruitt is the right person to visiting after she came into office. the balance in environmental policies lead the EPA. We have gotten to the There was a big Wall Street Journal through laws that have been passed. point, as he noted in his testimony, article on her visit. She was given The EPA’s role is to administer those where millions of Americans, including some gifts by Alaskans, my constitu- laws faithfully. some of my constituents in Chicken, ents, the people she serves. When she As attorney general of Oklahoma, he AK, certainly have come to fear their was given gifts from my constituents stated: I saw examples where the Agen- own Federal Government, especially on her visit to my State, she was later cy became dissatisfied with the tools when it acts in a lawless fashion. asked by a reporter what she did with Congress had given it to address cer- He is exactly the right person, with them according to the government eth- tain issues and bootstrapped its own the right qualifications and the right ics rules. powers and tools through rulemaking. emphasis to fix this problem, and I en- Here is a quote from that story: This, unfortunately, has only resulted courage all of my colleagues to support [Gina McCarthy] has been surprised by the in protracted litigation, where the the confirmation vote we are going to government ethics bureaucracy and its gift courts suspended most of these rules make on him in a few hours. guidelines. Remarking how officials chased after years of delay. I yield the floor. her down for a dinky North Pole— In the meantime, we lost the oppor- The PRESIDING OFFICER. The Sen- That is a community in Alaska— tunity for true environmental protec- ator from Hawaii. pin someone gave her at an event as a gift tion as a nation. This approach is not Ms. HIRONO. Madam President, no (‘‘I threw the f-ing thing away,’’ she told right. So getting back to the rule of one wants to live on a dirty planet. Be- them). law, that is No. 1 for Attorney General fore we created the Environmental With regard to another gift she got, a Pruitt. Protection Agency, the EPA, nearly 50 jar of moose meat from a young girl at Second, he said: years ago, rivers actually caught fire a hearing in Alaska, she said that gift Cooperative federalism must be respected from pollution, smog covered our cit- ‘‘could gag a maggot.’’ and applied by the EPA with regard to our ies, and powerplants spewed arsenic

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.218 S16FEPT2 S1378 CONGRESSIONAL RECORD — SENATE February 17, 2017 and mercury into the sky with impu- These standards would prevent 40,000 read two of the letters I have received. nity. pounds of mercury emissions every Georgia is a Ph.D. student at the Uni- In the years since, the EPA has been year and would help keep our food sup- versity of Hawaii. She wrote: at the vanguard of the effort to protect ply safe from contamination. I strongly oppose Scott Pruitt’s confirma- the air we breathe and the water we Mr. Pruitt has also repeatedly ques- tion as EPA Administrator. Mr. Pruitt is a drink. tioned whether climate change is real. climate change denier who has actively This work is not easy, and the person In an op-ed in the Washington Times, worked against the mission of the agency. who leads the EPA has a tough job. It Mr. Pruitt refused to accept settled As a Ph.D. student in science, I know requires toughness and fortitude to science that humans contribute to cli- we need an EPA administrator that re- fight back against polluters and special mate change. He said there are ‘‘a wide spects science and supports clean air, interests. range of viewpoints regarding the ex- clean water, and a healthy environ- In all the years the EPA has been tent to which man contributes to cli- ment. Pruitt is the wrong choice for around, we would be hard-pressed to mate change.’’ our nation and must be rejected. find someone more hostile to the Agen- In the National Review, Mr. Pruitt Keiko from Kaneohe also wrote to ex- cy’s fundamental mission or as less said ‘‘scientists continue to disagree plain what this fight means to her. suited to leading it than Scott Pruitt about the degree and extent of global This is not a bipartisan issue, but it is as is. warming.’’ much an American issue as it is a Hawaiian As Oklahoma’s attorney general, Mr. The fact is, 97 percent of scientists issue, a human issue, and an issue of all in- Pruitt organized, led, or participated in agree that climate change is real and habitants of Papa, mother earth. I ask that virtually every challenge to the EPA’s that human beings contribute to it. I you continue to be vigilant and ‘onipa’a in work during his time in office. His law- hardly think 97 percent of scientists the face of climate change deniers . . . suits have, among other things, sought agreeing constitutes a wide range of Mahalo for looking out for everyone living today and going to be born tomorrow. to prevent the EPA from enforcing viewpoints on climate change and the rules that keep our water safe, protect extent to which man contributes to it. We have come too far over the past 8 our air from harmful pollutants, like From his perch as Oklahoma’s attor- years to let someone like Scott Pruitt mercury and arsenic, and limit the car- ney general, Mr. Pruitt sued to prevent destroy the progress we have made. I bon pollution that causes climate President Obama’s Clean Power Plan urge my colleagues to oppose this nom- change. to cut carbon emissions from taking ef- ination. These lawsuits beg the question: fect. He argued that the Federal Gov- I yield the floor. Does Scott Pruitt believe the EPA ernment doesn’t have the authority to The PRESIDING OFFICER. The Sen- should even exist? In the weeks and regulate carbon emissions. This is ator from New Mexico. months since he was nominated, Mr. wrong. Mr. UDALL. Madam President, I also Pruitt has gone out of his way to try The Supreme Court ruled twice—first rise today to oppose the nomination of and smooth over his record and say in Massachusetts v. EPA in 2007 and Scott Pruitt to be Administrator of the what he thinks we want to hear, but we again in Utility Air Regulatory Group Environmental Protection Agency. can’t fall for it. v. EPA in 2014—that the EPA has the I believe the President should be able Instead of listening to what he is say- authority to regulate carbon emissions to assemble his or her own team, and I ing now, let’s examine more closely as pollution under the Clean Air Act. understand that elections have con- what he has done as Oklahoma’s attor- If confirmed, Mr. Pruitt has promised sequences and that a President should ney general. to kill the Clean Power Plan and undo be able to put forth his or her policy His record is troubling. Throughout much of the positive work that Presi- agenda. I voted on this floor many his term of office, Mr. Pruitt has been dent Obama did to address climate times in support of nominees with very cozy with fossil fuel companies change. whom I have policy differences, but and affiliated interest groups. Mr. Pruitt also has a track record of they have been qualified persons, expe- A 2014 investigation by the New York undermining enforcement of environ- rienced in their field, who believe in Times revealed that energy lobbyists mental laws and regulations. Shortly the fundamental mission of the agency drafted letters for Mr. Pruitt to send after becoming Oklahoma’s attorney they are tasked to lead. That is not the on State stationary to the EPA against general in 2010, Mr. Pruitt gave us a case with Attorney General Pruitt. Mr. the Obama administration’s environ- taste of what is to come at the EPA Pruitt has extreme environmental pol- mental regulations. when he eliminated the Environmental icy views, and he has zero experience The CEO of Continental Energy—an Protection Unit within the Oklahoma running the Environmental Protection oil and gas company based in Okla- attorney general’s office. Agency. In fact, he does not believe in homa—served as the campaign chair- For years, this unit investigated the fundamental mission of the EPA. man for his reelection bid. We just got water contamination from refineries, Attorney General Pruitt made his word yesterday that a State district lead paint waste, and illegal dumping. name opposing EPA rules that protect judge in Oklahoma ordered the attor- In its place, he created the innocuous human health and the environment— ney general’s office to turn over as sounding Federalism Unit. Unlike the fighting against clean air and clean many as 3,000 documents related to Mr. unit he eliminated, whose mission was water, disregarding the science behind Pruitt’s communications with oil, gas, to protect the health and safety of the EPA’s protections for human and coal groups during his time in of- Oklahomans, the Federalism Unit’s job health and the environment on behalf fice. Unfortunately, we will not get a is to handle all of Mr. Pruitt’s legal of for-profit special interests, not the chance to see what these documents re- challenges against the EPA. Over the public interest. veal before voting on his confirmation. past 3 years, Mr. Pruitt has increased He has brought 19 suits against the Based on his record and associations, the budget of the Federalism Unit by EPA. Eight are currently pending in however, I think we can make an edu- over 700 percent, and the taxpayers of courts, and if confirmed, he won’t cated guess that these documents will Oklahoma get to foot that bill. recuse himself from all the pending reveal the extent of Mr. Pruitt’s ties to Mr. Pruitt’s record paints a clear pic- cases. As a lawyer and especially as fossil fuel interests, and we have no ture: His priorities directly conflict your State’s top lawyer, you shouldn’t reason to believe he will renounce with the EPA’s mission to protect pub- change sides in litigation. It is just not these connections if confirmed to serve lic health and the environment. He is right. There may be an ethics violation as EPA Administrator. much more concerned about protecting here. I have never heard of a lawyer He also fought relentlessly against corporate interests than keeping our representing both sides of a case. the EPA’s efforts to establish basic communities healthy and safe from Let’s look at just a few examples limits on smog, arsenic, mercury, and pollution. from his litigation records, starting other dangerous air pollutants. Over the past few months, I have with his opposition to clean air. Mr. Mr. Pruitt, for example, sued the heard from thousands of my constitu- Pruitt is leading litigation against the EPA not once but twice to overturn the ents who have urged me to oppose Mr. EPA’s ozone or smog rule. In 2015 the Mercury and Air Toxics Standards. Pruitt’s nomination. I would like to EPA revised its ambiant air standards

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.221 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1379 for ground level ozone. The EPA was in 2015. The rule clarified a dizzying set science if he is confirmed to lead the long overdue in revising its ozone of Supreme Court cases defining pro- EPA. standards to protect public health. It tected water. The EPA and the Army When developing regulations, the even had to be sued by States and envi- reviewed the best science, reviewing EPA must first follow the law’s re- ronmental organizations to make sure more than 1200 peer-reviewed public quirements to protect human health the standards adequately protected scientific studies to define protected and the environment. Then, within the human health. High concentrations of waters. law’s requirements, the EPA should ozone are bad for public health, chil- New Mexico is an arid State. We have take account of input and information dren, and older adults, and people with very little surface water. We need to from all sources—from industry, envi- lung diseases such as asthma are espe- protect all of our surface water for do- ronmentalists, States, and public agen- cially vulnerable. mestic, agricultural, industrial, and cies. The EPA set a standard of 70 parts recreational uses. By the way, the EPA I am not convinced that Mr. Pruitt per billion. This standard is based on and the Army’s definition of surface will follow the law’s requirements to the best science, which included thou- waters is no broader than my own protect public health and the environ- sands of studies analyzing the effects of State’s definition of surface waters. ment, and I am not convinced that he ozone on public health. In addition, the New Mexico’s definition is appropriate will take into account the input of all EPA built in flexibility for States that and reasonable to protect our precious stakeholders. Throughout his career as would have trouble meeting the stand- surface water. attorney general, Mr. Pruitt has ard. But the Oklahoma attorney gen- The attorney general of Oklahoma is aligned solely with industry and eral currently leads a four-State fighting the clean water rule, too, even against public health and the environ- charge to do away with the rule. though it protects against cross-state ment. He has no record of aligning with pollution. Mr. Pruitt thinks it is OK for power- the public or of securing our environ- Here is one more example—the Clean plants to emit unhealthy levels of mer- ment for the future. cury and other toxins into the air. In Power Plan. The Clean Power Plan is our country’s best effort to address cli- As attorney general, he engaged in a 2011, the EPA passed the mercury and scorched earth policy against environ- air toxics standards. This rule limits mate change. We know that climate change is happening. We know that the mental regulations. He dismantled his emissions from powerplants of mer- environmental protection unit. He be- cury, arsenic, and other metals. Like climate change is primarily caused by humans. We know that powerplants are came very close politically to the en- the ozone standard, this rule was long ergy industry. He adopted letters writ- overdue, and the EPA was forced by a major contributor. We know that we need to take action and that we need ten by energy lobbyists almost ver- the courts to develop the standard. batim, and then submitted them on be- The science is well established that to take action fast to protect our plan- half of the State of Oklahoma in Fed- these toxins are a serious public health et. The Clean Power Plan significantly eral legal proceedings. threat. Fortunately, there are proven reduces carbon dioxide emissions from As chair of the Republican Attorneys and available technologies to limit the existing, modified, and future power- General Association, he became even emissions. Scott Pruitt fought the plants. The Clean Power Plan was de- more closely aligned with the fossil mercury and air toxics standards, and veloped based on the best science. It fuel-related companies. he is still litigating in court against was developed based on a tremendous the standards even though the vast ma- amount of input from the States, in- Mr. Pruitt’s record is one-sided and jority of powerplants in the Nation are dustry, environmentalists, and others. extreme, and it does not give me con- currently in compliance with the It provides States with a lot of flexi- fidence that as EPA Administrator he standards. bility with how to comply. Mr. Pruitt, would have any commitment to pro- Just to show you how serious this is true to form, is litigating against the tecting the public health now or pro- in my home State of New Mexico, preg- Clean Power Plan. Mr. Pruitt appar- tecting the environment for future gen- nant women and children can only eat ently does not understand the science erations. a very small amount of fish from the of climate change. Finally, I am concerned that Mr. streams of New Mexico. Our streams In the National Review in 2016, he Pruitt has not shown and does not have are polluted with mercury. The levels wrote: ‘‘Scientists continue to disagree the proper respect for tribal sov- are so high that vulnerable populations about the degree and extent of global ereignty. Oklahoma is home to 39 warming and its connection to the ac- are advised to severely limit their con- tribes. Mr. Pruitt’s litigation history tions of mankind.’’ During his con- sumption. Scott Pruitt wants to con- as attorney general has consistently firmation hearing, he similarly stated: tinue this pollution of our streams. been anti-tribe. As vice chair of the Mr. Pruitt testified in the hearing be- Science tells us that the climate is chang- Senate Committee on Indian Affairs, I ing and human activity in some manner im- fore the EPW Committee that he saw a pay special attention to a nominee’s pacts that change. The human ability to record on tribal issues, especially role for the EPA to address pollution measure the extent of that impact is subject that crosses State boundaries, but his to continuing debate and dialogue as well as nominees for agencies that will deal litigation history does not support that they should be. with tribes on a government-to-govern- testimony. As Oklahoma attorney gen- That is not what science tells us. ment basis, like the EPA. eral, he fought the EPA’s cross-state That is maybe what fossil fuel special As Oklahoma’s top attorney, Mr. air pollution rule, a rule designed to re- interests tell him, but that is not what Pruitt routinely sought out ways to duce powerplant emissions across State science tells us. His views are not con- fight tribal sovereignty—even all the lines that cause smog and pollution sistent with the scientific consensus on way to the Highest Court in the land. and health problems in downwind climate change. The 2013 report from In Dollar General Corp. v. Mississippi States. Especially, the cross-state air the Intergovernmental Panel on Cli- Band of Choctaw Indians, Mr. Pruitt pollution rule reduces sulfur dioxide, or mate Change found it ‘‘extremely like- filed an amicus brief in support of a SO 2, and oxides of nitrogen or NOX ly’’ that more than half of the global corporation that refused to submit to emissions. NOX emissions contribute to warming that occurred between 1951 tribal jurisdiction. Mr. Pruitt’s side fine particle and soot pollution and to and 2010 was a consequence of human lost. This case is a prime example of ground level ozone formation, other- emissions of carbon dioxide and other Mr. Pruitt’s misguided views of tribe wise known as smog. Even though this greenhouse gases. and their inherent sovereignty. Indian pollution affects the air and health of So many of the decisions made and Country needs an EPA Administrator downwind States, Mr. Pruitt sided with the regulations passed by the EPA rely who respects tribal sovereignty. I am the powerplants. heavily upon good science. It is abso- not convinced Mr. Pruitt does. Air pollution is not the only problem lutely critical that the EPA Adminis- Just recently we had in town the Na- that crosses State lines. River and trator understand and use the best tional Council of American Indians. stream pollution does not stop at State science. They submitted a letter on January 18. boundaries either. The EPA and the I am not convinced that Mr. Pruitt I ask unanimous consent that it be U.S. Army passed the clean water rule understands and will use the best printed in the RECORD.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.222 S16FEPT2 S1380 CONGRESSIONAL RECORD — SENATE February 17, 2017 There being no objection, the mate- Since the EPA is critical to combating cli- comply with Federal environmental rial was ordered to be printed in the mate change and protecting Tribal trust and laws that are based on good science, RECORD, as follows: treaty rights, Indian country is deeply con- that have taken years to prepare, and cerned with Attorney General Pruitt’s nomi- NATIONAL CONGRESS OF nation to head the Agency. It is our under- that have taken fair account of all AMERICAN INDIANS, standing that, in his role as Attorney Gen- stakeholders’ input. Washington, DC, January 18, 2016. eral for the State of Oklahoma, Pruitt has I cannot support a nominee to lead Re Indian Country’s Concerns with EPA Ad- repeatedly filed suits against the EPA for its this Agency whose record is so hostile ministrator Nominee Scott Pruitt. regulations seeking to protect the environ- to the environment. For all of these Hon. JOHN BARRASSO, ment. Further, his nomination comes from reasons, I must vote no on Mr. Pruitt’s Chairman, U.S. Senate Committee on Environ- an incoming Administration which claims nomination to be EPA Administrator. ment and Public Works, Washington, DC. that climate change is a ‘‘hoax’’ and ques- Finally, we have today the court’s Hon. THOMAS CARPER, tions whether the EPA should continue to Ranking Member, U.S. Senate Committee on En- exist. ordering Mr. Pruitt to release a large vironment and Public Works, Washington, This Committee must ensure that attorney number of records that are relevant to DC. General Pruitt understands and acknowl- this particular nomination. He has re- DEAR CHAIRMAN BARRASSO AND RANKING edges the realities of human impacts on fused to release them. The administra- MEMBER CARPER: On behalf of the National global climate change, the need for the EPA tion, in vetting him, did a very poor Congress of American Indians (NCAI), the and federal regulations to protect the envi- job. As you know, they do not vet any- oldest, largest, and most representative ronment, and the importance of EPA’s role body. They throw it up here, and we American Indian and Alaska Native organi- in protecting Tribal lands, waters, and nat- zation serving the broad interests of Tribal ural resources. We must get his commitment have to do the vetting. That is our job governments and communities, I am writing on the record to sustain the EPA’s role in to do the vetting. This is a critical part to express our deep concern with the nomi- fighting climate change and protecting Trib- of the record—a vast number of emails nation of Oklahoma Attorney General Scott al trust and treaty rights. Without these ac- that should be looked at. Pruitt to be the Administrator of the Envi- knowledgements, Indian Country cannot Many of us believe we should have ronmental Protection Agency (EPA) based support Attorney General Pruitt’s nomina- the time to look at these emails, to de- on his history of fighting environmental reg- tion for Administrator of the EPA. liberate about them, to maybe even ulations and the new Administration’s state- We are at a critical moment in combating ments denying the existence of climate the increasing climate changes effects from ask some written questions to Mr. Pru- change. The continuing impacts of climate human-made sources. Indian Country, the itt about them, but this nomination is change are a major concern of Tribal Nations United States, and the world cannot afford being rammed through. In a couple of and, before this Committee votes to move to take a backseat role in fighting climate hours, we are going to have a vote. forward with Attorney General Pruitt’s nom- change. Luckily, Senator MERKLEY is going to ination to lead the EPA, it must thoroughly Sincerely, urge that we vote to delay this so we consider the potential impacts that his nom- BRIAN CLADOOSBY, can have a chance to look at those ination will have on climate change, the pro- President. tection of natural resources, and protection emails. It is so that all of us—all of the of Tribal trust and treaty rights. Mr. UDALL. Madam President, I 100 Senators—have the opportunity to American Indians and Alaska Natives are would like to just read a couple of have a full, complete record on Mr. disproportionately impacted by climate paragraphs from the letter. Pruitt. change due to our geographical areas and di- On behalf of the National Congress of Madam President, I yield the floor. rect connection and reliance on the sur- American Indians (NCAI), the oldest, largest, I suggest the absence of a quorum. rounding environments. It is threatening to and most representative American Indian The PRESIDING OFFICER. The destroy our lands, waters, and natural re- and Alaskan Native organization serving the sources, which will impact our traditional broad interests of tribal governments and clerk will call the roll. and customary ways of life that has been communities, I am writing to express our The senior assistant legislative clerk sustainable for thousands of years. The well- deep concern of the nomination of Oklahoma proceeded to call the roll. documented plight of Alaska Native villages attorney general Scott Pruitt to be Adminis- Mr. HATCH. Madam President, I ask is probably the most profound manifestation trator of the Environmental Protection unanimous consent that the order for of the climate crisis and requires focused, Agency based on his history of fighting envi- the quorum call be rescinded. high priority attention from the federal gov- ronmental regulations and the new Adminis- The PRESIDING OFFICER. Without ernment. NCAI’s Tribal leadership and mem- tration’s statements denying the existence objection, it is so ordered. bers have spoken strongly on climate change of climate change. The continuing impacts by passing four resolutions in the past four Mr. HATCH. Madam President, I rise of climate change are a major concern of to speak in support of the nomination years calling for action and setting Tribal Tribal Nations and, before this Committee Climate Change Principles calling on further votes to move forward with Attorney Gen- of Scott Pruitt for Administrator of federal action and partnership with Tribal eral Pruitt’s nomination to lead the EPA, it the Environmental Protection Agency. governments. must thoroughly consider the potential im- Attorney General Pruitt has a distin- The federal government’s treaty and trust pacts that his nomination will have on cli- guished record of public service in hav- responsibilities to protect Indian lands in- mate change, the protection of natural re- cludes the duty to protect lands from the im- ing served for 8 years in the Oklahoma sources, and protection of Tribal trust and pacts of climate change, which requires not State Senate before being sworn in as treaty rights. the attorney general of Oklahoma in only that sufficient federal resources be eq- American Indians and Alaskan Natives are uitably allocated to address climate change, disproportionately impacted by climate 2010. Two dozen State attorneys gen- but that Tribes be included as partners to change due to our geographic areas and di- eral wrote to the Senate Committee on solve these issues. Federal programs and rect connection and reliance on the sur- Environment and Public Works in sup- policies must allow Tribal Nations to engage rounding environments. It is threatening to port of Mr. Pruitt’s nomination. He has effectively in adaptation and mitigation destroy our lands, waters, and natural re- strategies that will help ensure the integrity been endorsed by a wide variety of or- sources, which will impact our traditional of our cultures, homelands, infrastructures, ganizations representing a broad swath and customary ways of life that have been and services. Further, it is imperative that of America culture and industry, in- sustainable for thousands of years. federal agencies enforce Tribal treaty and re- We are at a critical moment in combating cluding the U.S. Chamber of Com- served rights to both on- and off-reservation the increasing climate change effects from merce, the National Association of resources. human-made sources. Indian Country, the Home Builders, the American Farm The EPA’s mission to protect human Bureau Federation, the National health and the environment means that it United States, and the world cannot afford plays an essential role in fighting climate to take a backseat role in fighting climate Cattlemen’s Beef Association, the change-related impacts. Due to its charge, change. Western Energy Alliance, and the EPA also has a sacred responsibility to up- In conclusion, my concerns about Mr. Western Growers Association, just to hold and protect Tribal trust and treaty Pruitt’s record on environmental pol- name a few. rights through the protection of Tribal nat- icy aren’t just because we disagree on In his capacity as State attorney ural resources. In fact, the EPA acknowl- policy. Mr. Pruitt has made his reputa- general, Mr. Pruitt has consistently edges the importance of reviewing how agen- tion in litigating fiercely against the fought against Federal intrusion on cy actions will impact treaty rights in its re- cent policy guidance EPA Policy on Con- EPA’s most important regulations to State and individual liberties, and he sultation and Coordination with Indian protect public health and the environ- has shown himself to be a thoughtful Tribes: Guidance for Discussing Tribal Trea- ment, clean air, clean water, toxics on attorney who is dedicated to the Con- ty Rights. land—you name it—regulations that stitution and to the rule of law. The

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.047 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1381 next Administrator of the EPA must of civility—Congress has never been Mr. MERKLEY. Madam President, respect the limits of Federal power. the same—but his life as the son of an when President Richard Nixon created Few know these limits better than Mr. immigrant, as a decorated veteran of the Environmental Protection Agency Pruitt, which is why I believe he will World War II, and as a person who was in 1970, he recognized that we all share be a capable leader at the EPA. first a staffer, then elected to Congress, in a ‘‘profound commitment to the res- Mr. Pruitt will rein in Federal over- and rose to leadership is a testament to cue of our natural environment and the reach and put a stop to many of the his talent and his commitment to preservation of the Earth as a place overbearing regulations that have done America. both habitable by and hospitable to very little to protect the environment I had known Bob Michel for 35 years. man.’’ That is a pretty powerful com- but much to hurt businesses, large and We had adjoining congressional dis- mitment. That is the mission of the small. tricts downstate. When he was elected Environmental Protection Agency—to Modernization of the Environmental in 1982, in the Reagan off-year election, rescue our natural environment and Protection Agency is long overdue. For it was a tough year for Republicans. keep our planet—our world, our too long, the Agency has acted outside Bob Michel barely survived. Attorney Earth—as habitable and hospitable to its legal authority. For too long, the Doug Stevens, of Peoria, had about 48 humankind. Agency has strayed from its core mis- percent, and Bob had 52 percent. Lane For more than 46 years, the Environ- sion of protecting human health and Evans, of the Quad Cities, was elected mental Protection Agency has been the the environment. For too long, it has to Congress, and I was as well. top cop on the beat, safeguarding our imposed draconian regulations that For 14 years, we were neighboring natural environment while also pro- cause undue harm to America’s small Congressmen. Bob Michel came in and tecting critical aspects of public businesses and rural communities. campaigned for my opponents. I went health—controlling toxic and poi- I have long held that the EPA can into his district to campaign for his op- sonous chemicals, improving air and fulfill its vitally important mission of ponents. You would think that would water quality, enhancing vehicle effi- protecting the environment without have created a negative relationship, ciency and emissions controls. The causing unnecessary harm to the econ- but it didn’t. Despite that—despite our lists of the Environmental Protection omy, but to achieve this objective will differences on political issues—we were Agency’s accomplishments go on and require a massive culture change at the always friends, and we were always re- on. Agency—a culture change that only spectful. Today, we are considering President Mr. Pruitt can bring. You could not help but be a friend of Trump’s nominee for the Environ- Mr. Pruitt wants an EPA that is both Bob Michel’s. What an amazing person- mental Protection Agency. The appro- pro-environment and pro-growth. What ality—a smile that would light up a priate question for us to ask is, Does is wrong with that? That is long over- room and a man who was determined this nominee hold in his heart the mis- due. He understands that protecting to fight like crazy, day in and day out, sion of the Environmental Protection our lands and helping our businesses for the things he believed in on the Agency? Does he have a profound com- succeed is not a zero-sum game. With floor of the U.S. House and then, after mitment to the rescue of our natural Mr. Pruitt at the helm, I am confident adjournment, joined with Tip O’Neill environment, a profound commitment he will bring much needed change to for dinner—a dinner that usually ended to the preservation of the Earth to the EPA and restore the public’s trust up with a lot of people singing songs keep it habitable by humankind, hos- in the Agency. over a few drinks and great memories. Once confirmed, I am eager to work The codels in those days—the con- pitable to humankind? This individual is Oklahoma Attor- with Mr. Pruitt to discuss how we can gressional delegation trips—were often ney General Scott Pruitt. We would best protect our air and our water and bipartisan and had both Speaker like to have the full set of information how we can best modernize the EPA. O’Neill and the Republican leader, Bob It is amazing to me that some of the Michel, hosting them as they went to about his work as attorney general greatest leaders in the bureaucracy important places in the world. that has been very relevant to this over the years have been people who There was a time when Bob Michel question, because the limited informa- have worked in the fields that really was a Congressman and wanted to get tion we have shows that he has very constitute what we are talking about home to Peoria every weekend but deep connections and very close alle- here today. They have surprised people couldn’t afford the airfare. Do you giance to the fossil fuel industry. And by making sure that both sides have know what he did? He shared a station rather than displaying during his time really been taken care of and that the wagon with Congressman Dan Rosten- as AG a profound commitment to our laws are faithfully executed and some kowski of Chicago. They would take off natural environment, to preserve it of the partisanship and biased ap- and drive back to Chicago and Peoria and keep it hospitable and habitable, proaches toward the environment are and then back to Washington on a reg- he has instead weighed in time and overcome. ular basis. They were buddies and time again on behalf of the polluters. Mr. Pruitt is capable of doing that— didn’t think twice about the fact that So for us to have a full sense of these a brilliant man with a brilliant record. they were of different political parties connections, we need to have access to He is supported by an awful lot of at- and had different political philoso- the emails and correspondence that he torneys general in this country. He is a phies. has generated over the last 2 years tied person who, if liberally given the That was Bob Michel. to the fossil fuel industry. chance, might be able to help turn His passing really does mark the end There are some 3,000 emails and asso- around some of the things that are just of an era, but every one of us currently ciated pieces of correspondence—we are plain wrong at the EPA. in public service should remember the not sure of the exact total, but that is Madam President, I yield the floor. quality he brought to his career and a substantial body of information that The PRESIDING OFFICER. The Sen- the quality he brought to Congress. He has been identified—and for 2 years, ator from Illinois. left a great legacy—many important the attorney general, Scott Pruitt, has REMEMBERING BOB MICHEL issues, many great things for Peoria stonewalled the efforts to obtain these Mr. DURBIN. Madam President, and Central Illinois. Possibly, his documents. There have been repeated every politician alive should aspire for greatest legacy was his chief of staff— requests time and time again filed with that moment, like Bob Michel, when his protege—Ray LaHood, who, to this his office, and his office has failed to the last words of tribute to his public day, embodies the great values that produce the information requested service are: ‘‘He was the face of de- Bob Michel brought to public service. under the Public Information Act of cency in public service.’’ I stand in tribute to my friend and Oklahoma. Time and time again, he This morning, Bob Michel, who my Republican neighboring Congress- said no, no, no. served as the leader of the U.S. House man who served this Nation so well for So then he comes to this body as a of Representatives for the Republican so many years. nominee to be the steward-in-chief of Party, passed away at age 93. Madam President, I yield the floor. the responsibilities for our environ- His replacement as Republican leader The PRESIDING OFFICER. The Sen- ment. So here in the Senate, we asked in the House marked the end of an era ator from Oregon. for those emails to help understand

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.225 S16FEPT2 S1382 CONGRESSIONAL RECORD — SENATE February 17, 2017 whether he has served the public or to nominate people of unfit character— they are worth reading because there is whether he has served the polluters. unfit character—the Senate will have no wiggle room here. It is absolutely That is the question before us. He said: the responsibility to review the per- clear: Well, apply to the attorney general’s son’s record and stop that nomination. No Department of Justice employee may office of Oklahoma for those emails That is our responsibility. That is the participate in a criminal investigation or and information. deterrence that Hamilton used, that we prosecution if he has a personal or political This is rather unique. I don’t know if would take the process of this Chamber relationship with any person or organization this has ever happened in the history of to ensure we do not confirm someone of substantially involved in the conduct that is the United States, the nominee saying: unfit character. But to make that de- the subject of the investigation or prosecu- tion. . . . Political relationship means a Yes, you can acquire that information termination, we must have access to close identification with an elected official, by applying to me, back in my role as those emails, which are going to be dis- candidate, political party, or campaign orga- attorney general, knowing full well tributed next Tuesday. nization arising from service as a principal that he had absolutely no intention of Madam President, I yield the floor to adviser or official. actually providing that information. my colleague. Those are the words of the DOJ Then yesterday a court stepped for- The PRESIDING OFFICER. The guidelines. Those are not my words, ward and said: Yes, this information Democratic leader. but they are common sense. We don’t must be provided. This is not the type Mr. SCHUMER. Thank you, Madam want conflict of interest in our pros- of information that can be compiled President. ecutors. We don’t want the appearance overnight, so they gave Attorney Gen- Mr. INHOFE. Madam President, will of a conflict in something as sacred as eral Scott Pruitt a couple of days— the Senator yield for a UC request? law enforcement here in America. until next Tuesday—to be able to com- Mr. SCHUMER. I will be happy to It is patently absurd to think that pile this information and provide it. yield for a UC request. the Attorney General—a man who And when it is provided, it will simply Mr. INHOFE. Madam President, I ask served alongside General Flynn on Can- be the equivalent of PDF documents— unanimous consent that at the conclu- didate Trump’s campaign council—is scanned copies, if you will—of the sion of the remarks of the Senator prepared to lead this investigation in printed copies of the emails and cor- from New York, I be recognized for 5 an impartial way and in full compli- respondence. Then it has to be shipped minutes. ance with those longstanding Depart- out to the group that applied for the The PRESIDING OFFICER. Is there ment of Justice rules. There would be a information, and then they have to objection? complete appearance of a conflict and digitize it and send it out for us to Mr. SCHUMER. Does that meet the might, indeed, be a conflict itself. By have it here. It is still not searchable. favor of my friend from Oregon? Is that the guidelines, it certainly is. There is Then we need time to go through it. OK? no wiggle room here. AGs have recused Mr. MERKLEY. Could we have that Well, it is convenient that we delay themselves at least eight times over unanimous consent request restated? this vote until after we have this infor- the past two decades to avoid the ap- Mr. SCHUMER. The Senator from mation because we are not going to be pearance of bias—twice under Presi- Oklahoma asked for 5 minutes imme- here next week. So whether we hold dent Obama, five times under President diately after my remarks. the vote at this moment, scheduled for Bush, and once under President Clin- Mr. MERKLEY. No objection. 1 p.m., as we are leaving for a week or ton. Mr. SCHUMER. No objection. we hold it until when we return, on the To conclude my remarks on this The PRESIDING OFFICER. Without Monday we return, it doesn’t have any topic, I want to show—and I ask unani- impact on slowing down this body. It objection, it is so ordered. Mr. INHOFE. I thank the Chair. mous consent that an op-ed coauthored would cost nothing in terms of the by then-Senator Sessions calling on EXECUTIVE BRANCH INVESTIGATION processing of the President’s nominees Attorney General Loretta Lynch to to delay this vote until we return, at Mr. SCHUMER. Madam President, I recuse herself in the matter of Sec- which time we will have the emails, rise today on two topics—the need for retary Clinton’s emails be printed in Attorney General Sessions to recuse and we will have had time to examine the RECORD. them, and the public will have had himself from the executive branch in- There being no objection, the mate- time to examine them, and that would vestigation into General Flynn and the rial was ordered to be printed in the nomination of Attorney General Pruitt honor our responsibility. RECORD, as follows: The Constitution was laid out in a to be the EPA Administrator. fashion to put full responsibility on the First, on the matter of executive [From FoxNews.com, Nov. 05, 2016] individuals staffing the key agencies branch investigations into General GIULIANI, SESSIONS, KEATING, ET AL.: TIME and Cabinet departments with the Flynn’s contact with the Russian Am- FOR LORETTA LYNCH TO APPOINT A SPECIAL President. The Founders, the writers of bassador, I rise again to stress my ex- COUNSEL the Constitution, wrestled with who pectation that Attorney General Ses- (Editor’s note: The authors of the following should have that responsibility. They sions will recuse himself from this in- column are all supporting Donald Trump for president) thought perhaps the appropriate check vestigation. This morning we learned—according We are concerned about the egregious dam- would be to have the Congress—they age that has been inflicted on two revered refer to it as ‘‘Assembly’’ in their dia- to reports in the Washington Post— government agencies: the Department of logues—the Assembly decide who that General Flynn may have lied— Justice and Department of State. The pri- would be the folks staffing the execu- lied—to FBI investigators about the mary missions of both have been derailed for tive branch at the highest levels of content of his phone call with the Rus- political purposes. management. They said that was a sian Ambassador prior to the election. The Department of Justice has been problem because there wouldn’t be full That is a potential felony offense, and thwarted by its top officials’ refusal to con- transparency. The public wouldn’t be it must be looked at and, if validated, duct a proper investigation of former Sec- potentially prosecuted by law enforce- retary Clinton’s unsecured email server and able to determine why one person was the Pay for Play accusations based on mil- chosen or another person was chosen. ment officials at the Department of lions of dollars paid to President Clinton per- There might be all kinds of trades tak- Justice. That review must be inde- sonally and the Clinton Foundation by enti- ing place between the Senators. One pendent and thorough and completely ties having issues before the State Depart- might say: If you give me my choice by the books. In order for it to be so, ment, all while she was Secretary. for this Cabinet post, I will give you the Attorney General must recuse him- Attorney General Lynch and former Presi- your choice for another, and the public self pursuant to Department of Justice dent Clinton met on the Phoenix, Arizona wouldn’t even know how those deals guidelines that prohibit members of tarmac days before Secretary Clinton was to the Department from participating in be interviewed by the FBI for possible crimi- were being struck. nal activity. It has been reported that her So the public accountability was investigations of close political allies staff ordered witnesses not to take pictures honored by our Founders by saying the or friends. and no one was present during their 39- President will nominate, but in case The guidelines are crystal clear. I minute conversation. General Lynch never the President goes off track and starts have read them on the floor before, but recused herself from decisions on the Clinton

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.227 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1383 investigation after her self-admitted ‘‘mis- Instead of moving with dispatch to ensure Mr. Pruitt is a climate science de- take,’’ as it has also been reported that she a vigorous investigation of Secretary Clin- nier—some say skeptic, but this is not continues to deny the FBI the authority to ton, it appears that the Justice Department, an issue where you can be skeptical; ei- convene a Grand Jury, which is necessary for along with State, have enabled the Clinton ther you accept the overwhelming any meaningful investigation. campaign to ‘‘slow roll’’ the inquiry. opinion of climate scientists and re- SECRETARY CLINTON’S CONDUCT AT THE DE- General Lynch continues to exert control of a matter that she should have assigned to searchers or you don’t. PARTMENT OF STATE CORRUPTED OUR FOR- Here is Scott Pruitt on climate EIGN POLICY another official. We are distressed by widespread and cred- change on Oklahoma talk radio: It has also been reported that General ible reports that FBI agents have been hin- Well, reasonable minds can disagree what Lynch opposed Director Comey from ful- dered by the Justice Department’s with- is actually happening, whether it is hap- filling his obligation to Congress by inform- holding of basic investigative tools, such as pening, number one, whether there is change ing members of the discovery of 650,000 grand jury subpoenas, which are funda- in climate that is occurring, that the trajec- emails on Anthony Weiner’s and Huma mental in a complex investigation. tory of it is something that is sustainable Abedin’s computer, the existence of which It is time to do what should have been and whether that is actually happening . . . had been concealed from government au- done long ago—appoint a Special Counsel. the debate about climate change is just that, thorities. Rudolph W. Giuliani—Former Associate a debate. Recusal is a formal process. It is a written Attorney General and U.S. Attorney in document specifically describing the scope of I would invite this nominee to walk Southern District of New York the recusal and designating the official in through Long Beach or Long Island or Senator Jeff Sessions—former U.S. Attor- charge of the recused matter. If General Staten Island in New York City in the ney for Alabama’s Southern District Lynch went through the proper procedure for Frank Keating—Former Associate Attor- days and weeks after Superstorm recusal, she has not publicly shared it. ney General, U.S. in District of Kansas and Sandy rocked my State. None of those Secretary Clinton’s conduct at the Depart- Special Agent FBI residents—the thousands who lost ment of State corrupted our foreign policy. Victoria Toensing—former Deputy Assist- homes, the hundreds of thousands who She and President Clinton turned the agency ant Attorney General in the Criminal Divi- into a Pay for Play adjunct of the Clinton suffered injury, damage, economic sion of the U.S. Justice Department Foundation and their personal bank account, problems from the flood—they don’t Henry McMaster—former U.S. Attorney, the latter via his personal ‘‘speaking’’ fees. debate it, nor should he. There was no District of South Carolina debate there. Folks lost everything [UBS, Switzerland’s largest bank, contrib- Rudy Giuliani is the former Mayor of the uted over $600,000 to the Foundation and City of New York. that belonged to them. There was no loaned it over $30,000,000. UBS was grateful debate about that. Forty-eight people that Secretary Clinton had intervened in the Mr. SCHUMER. Senator Sessions, in my State died—no debate about IRS’ demand to UBS to provide identities of right here, called for Loretta Lynch— that. 52,000 depositors. Secretary Clinton an- then Attorney General—to recuse her- Climate change will lead to more nounced the settlement of only 4,450 identi- self because of a conflict of interest devastating natural disasters like ties in an ‘‘unusual intervention by a top under the very same guidelines we U.S. diplomat,’’ according to the Wall Street Sandy, which was the third 100-year cited. We hope and we pray that Sen- storm to strike my State in a decade. Journal. UBS additionally paid President ator Sessions doesn’t have an enor- Clinton personally $1,500,000 for a series of Climate change will make asthma and questions and answers with top manage- mous double standard by refusing to respiratory diseases worse. It is in- ment. recuse himself now when he asked the creasing the range of deer ticks that President Clinton reaped $6,200,000 person- previous Attorney General to do so. We cause lyme disease—no debate about ally from foreign governments and busi- hope that President Trump will abide that. We have to do something about nesses for speeches while she was Secretary by the guidelines and encourage Sen- climate change. of State. For example, Ericsson, a Swedish ator Sessions to go by the guidelines Scott Pruitt as head of our Nation’s corporation, had sanction issues pending be- and not again invoke any double stand- fore the State Department regarding Environmental Protection Agency telecom sales in certain countries. Ericsson ard. likely wouldn’t lift a finger. But it is paid President Clinton $750,000 for one This op-ed makes it crystal clear. part of a lifelong pattern. Instead of speech. Days later the State Department an- What was good enough for Loretta fighting for average Americans, Mr. nounced the sanction list and Ericsson was Lynch, who did step aside, is good Pruitt decided to make a name for not affected. Why should any spouse of a enough for Attorney General Sessions, himself among the far right by end- Secretary of State be permitted ever to re- and it would be outrageous—out- lessly suing the EPA in ways that ceive one cent from a foreign entity? rageous—for him to be in charge of this would benefit large special interests Because of our grave concern for integrity investigation. in government we ask for a Special Counsel. that also happen to be campaign con- When a high public official is accused of seri- The op-ed says: ‘‘When a high public tributors. In 13 of his 14 lawsuits ous wrongdoing and there is a sufficient fac- official is accused of serious wrong- against the EPA, he joined corpora- tual predicate to investigate, it is impera- doing and there is a sufficient factual tions and trade associations that had tive the investigation be thorough, with dis- predicate to investigate, it is impera- contributed to his campaign. patch and without partisanship. tive the investigation be thorough, Just yesterday, an Oklahoma judge Secretary Clinton is the subject of two without dispatch and without partisan- ruled that Scott Pruitt must turn over spheres of criminal conduct: her deliberate, ship.’’ approximately 3,000 emails relating to systematic mishandling of official and clas- So I hope Attorney General Sessions his communications with the fossil fuel sified emails and her abuse of a family-con- trolled, tax-exempt Foundation, and cor- takes the word of Senator Jeff Sessions industry—the very industry he rep- porate and foreign donations for her own to heart. Every day that goes by with- resented in these lawsuits. We won’t economic and political benefit. out a recusal from the Attorney Gen- get those emails until Tuesday. So you These allegations arose well before this eral, the cloud hanging over this inves- would expect my colleagues on the election year. tigation and over this administration other side of the aisle to be up in arms. Clinton’s mishandling of emails became gets darker and darker. And every time Emails. Remember, emails? We should public in March 2015, and allegations over the President and Attorney General get them out, they said, about Hillary abuse of the Foundation arose well before Sessions confer, again, the cloud hov- that. There has long been sufficient factual Clinton—the same group. In 2013, Gina predicate to require these matters be fully ers over them: What did they talk McCarthy waited 122 days to be con- investigated. about? Was it this investigation? firmed for EPA Administrator because The appropriate response when the subject So I hope Attorney General Sessions she wasn’t honoring a commitment, matter is public and it arises in a highly- will do the right thing and recuse him- they felt, to transparency. charged political atmosphere is for the At- self. Justice, the American way, and There were several inquiries into the torney General to appoint a Special Counsel separation of powers require no less. emails of Lisa Jackson, another EPA of great public stature and indisputable inde- Madam President, today we will vote Administrator. But the majority and pendence to assure the public the matter will on another Cabinet nominee who is majority leader are proceeding right be handled without partisanship. In 1991–1992, a Special Counsel was ap- clouded by potential conflicts of inter- along and rushing Attorney General pointed for three separate matters: House est and whose views are almost anti- Pruitt through the process. We know Bank, Iraqgate, and Inslaw. It was also done thetical to the very purpose of the why. They want you, my fellow Repub- in 2003 in the Valerie Plame matter. Agency to which he is nominated. licans, to vote for Mr. Pruitt before

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.048 S16FEPT2 S1384 CONGRESSIONAL RECORD — SENATE February 17, 2017 those emails come to light. If they Their own States have filed lawsuits executing the environmental laws written by weren’t worried about them, then why against the EPA. Congress. He believes that environmental rush? It is not the worst thing in the The other thing I want to mention, regulations should be driven by State and world to take a few extra days to prop- which I think is very important, is a local governments—a notion endorsed by Congress in the Clean Air Act and Clean letter from our newest Senator, LU- erly vet someone who will have im- Water Act. When our nation is confronted mense power over our Nation’s THER STRANGE. Senator STRANGE is the with issues affecting the environment that streams, skies, even the lead level in replacement for our Honorable Jeff are not covered by a particular statute, our homes and water supply. Sessions, who now is the Attorney Gen- Scott will come to Congress for a solution, Those emails could contain material eral. This letter is signed by two pages rather than inventing power for his agency. information about his confirmation. of attorneys general from all over He wholeheartedly believes in a strong Envi- But unless we move the confirmation America—Democratic States, Repub- ronmental Protection Agency that carries back, the Senate will not get a chance lican States, States where Democrats out its proper duties, providing a backstop to state and local regulators as they develop to review those emails before voting on have come to this floor criticizing him. I will read the last two paragraphs of environmental regulations suited to the his nomination. needs of their own communities. The PRESIDING OFFICER. The Sen- the letter from LUTHER STRANGE signed Scott Pruitt is more than just an exem- ator’s postcloture time has expired. by all of these Democratic and Repub- plary state attorney general, he is also our Mr. SCHUMER. I ask unanimous con- lican Attorneys General: friend. A man of deep faith who is committed sent for 30 more seconds. Scott Pruitt is more than just an exem- to his family and to his friends, Scott seeks The PRESIDING OFFICER. Without plary state attorney general, he is also our always to do the right thing. His friendship objection, it is so ordered. friend. A man of deep faith who is committed and leadership have been invaluable to us Mr. SCHUMER. I urge my Republican to his family and to his friends, Scott seeks over the years. always to do the right thing. His friendship colleagues to stop rushing this nomina- The Administrator of the Environmental and leadership have been invaluable to us Protection Agency plays a critical role in tion and ensure that we collect all rel- over the years. our Nation’s government. Attorney General evant information on these troubling The Administrator of the Environmental Pruitt has proven over the course of his ca- conflicts of interest. Protection Agency plays a critical role in reer that he has the right character, experi- Madam President, I yield the floor, our Nation’s government. ence, and knowledge to serve as the Adminis- and I yield back the remainder of my Keep in mind, this is coming from trator of the EPA. We urge the Senate to time. Democratic attorneys general. confirm his nomination. The PRESIDING OFFICER. The Sen- Attorney General Pruitt has proven over Sincerely, ator from Oklahoma. the course of his career that he has the right Jeff Landry, Attorney General, State of character, experience, and knowledge to Louisiana; Alan Wilson, Attorney General, Mr. INHOFE. Madam President, since State of South Carolina; Luther Strange, At- I did not object to the additional 30 serve as the Administrator of the EPA. We urge the Senate to confirm his nomination. torney General, State of Alabama;Marty seconds, I ask unanimous consent that Jackley, Attorney General, State of South my 5 minutes be changed to 5 minutes This is signed by about 22 attorneys Dakota; Patrick Morrisey, Attorney Gen- and 30 seconds. general, Democrats and Republicans. eral, State of West Virginia; Adam Laxalt, The PRESIDING OFFICER. Without Madam President, I ask unanimous Attorney General, State of Nevada; Mark objection, it is so ordered. consent this letter, along with the list Brnovich, Attorney General, State of Ari- Mr. INHOFE. Madam President, a of States who have had occasion to sue zona; Herbert Slatery, Attorney General, quick comment about climate change: the EPA, the same as Scott Pruitt has, State of Tennessee; Curtis Hill, Attorney General, State of Indiana; Brad Schimel, At- No one—no one—has denied that the be printed in the RECORD. There being no objection, the mate- torney General, State of Wisconsin; Ken climate is consistently changing. All rial was ordered to be printed in the Paxton, Attorney General, State of Texas; the Scriptural evidence, historical evi- Bill Schuette, Attorney General, State of RECORD, as follows: dence, and archeological evidence says, Michigan. yes, it has always been changing and STATE OF ALABAMA, Doug Peterson, Attorney General, State of OFFICE OF THE ATTORNEY GENERAL, always will change. But what they are Nebraska; Chris Carr, Attorney General, Montgomery, AL, January 4, 2017. State of Georgia; Sean Reyes, Attorney Gen- trying to infer is that because of that, Hon. JOHN BARRASSO, then the world is coming to an end be- eral, State of Utah; Wayne Stenehjem, At- Dirksen Senate Office Building, torney General, State of North Dakota; Les- cause of what? Manmade gases—an- Washington, DC. lie Rutledge, Attorney General, State of Ar- thropogenic gases—manmade gases. Hon. TOM CARPER, kansas; Pam Bondi, Attorney General, State That is what the real hoax is, but I am Hart Senate Office Building, of Florida; Lawrence Wasden, Attorney Gen- not going to waste my time on that. Washington, DC. eral, State of Idaho; Tim Fox, Attorney Gen- However, I will next week, I might add. DEAR CHAIRMAN BARRASSO AND RANKING eral, State of Montana; Derek Schmidt, At- MEMBER CARPER: As the attorneys general of The Senator from New York talked torney General, State of Kansas; Josh our respective states, we write to express our Hawley, Attorney General, State of Mis- about the fact that we have an attor- unqualified support for our colleague and the ney general who has sued the EPA souri; Peter Michael, Attorney General, Attorney General of Oklahoma, E. Scott State of Wyoming; Mike DeWine, Attorney many times. Let me just remind every- Pruitt, as Administrator of the U.S. Envi- General, State of Ohio. one—and I don’t think I have heard ronmental Protection Agency. TWO CASES IN WHICH STATES WITH DEMOCRAT this on the floor, but I have watched As attorneys general, we understand the SENATORS VOTING AGAINST PRUITT HAVE Democrat after Democrat after Demo- need to work collaboratively to address threats to our environment that cross state SUED THE EPA crat come by and just brutally attack lines, as well as the importance of a federal Clean Power Plan: OK is one of 27 states Scott Pruitt, a guy I know to be an counterpart in the EPA Administrator who suing honorable man. I don’t know of one at- possesses the knowledge, experience, and Wisconsin: Baldwin torney general who has served with principles to work with our states to address Colorado: Bennett him who doesn’t agree with that. issues affecting our environment. We believe Ohio: Brown In terms of suing, I think it is impor- that no one exemplifies these qualities more Indiana: Donnelly tant to understand that almost every than Scott Pruitt. Virginia: Kaine and Warner Democrat who has stood up and said As the Attorney General of Oklahoma, Mr. Missouri: McCaskill Pruitt developed expertise in environmental Florida: Nelson disparaging things about Scott Pruitt law and policy. He negotiated a historic Michigan: Peters and Stabenow and talked about the fact that he has water rights settlement with Indian tribes Montana: Tester sued the EPA countless times—their that preserved the ecosystems of scenic Waters of the US: OK is one of 32 states attorney general from their State has lakes and rivers; he worked with his Demo- suing also sued the EPA. I will read the crat counterpart in Arkansas to reduce pol- Wisconsin: Baldwin States: The attorneys general from lution in the Illinois River; and he rep- Colorado: Bennett Wisconsin, Colorado, Ohio, Nevada, In- resented the interests of Oklahomans in rate Ohio: Brown Nevada: Cortez Masto diana, New Mexico, Missouri, Florida, cases against utility companies and in nu- merous actions against those who contami- Indiana: Donnelly Michigan, and Montana, all have nated his state’s air and water. New Mexico: Heinrich and Udall Democratic Members of the Senate Attorney General Pruitt is committed to Missouri: McCaskill who have been criticizing Scott Pruitt. clean air and clean water, and to faithfully Florida: Nelson

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.230 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1385 Michigan: Peters and Stabenow Last year, I was proud to help pass a a lawsuit to stop the EPA’s clean water Montana: Tester measure in Congress which will ensure rule, which would protect the natural The PRESIDING OFFICER. The Sen- that State and local and tribal govern- filtering system that supplies drinking ator from Oregon. ments will be fully reimbursed for their water to one out of every three Ameri- Mr. MERKLEY. Madam President, I emergency response costs and which cans. ask unanimous consent that I be al- establishes a long-term water quality Mr. Pruitt sent a letter to the EPA lowed to speak for 2 minutes, followed monitoring program in cooperation opposing even preliminary research by Senator HEINRICH for 10 minutes and with local stakeholders. into the impacts of hydraulic frac- Senator TESTER for 10 minutes. However, on January 13 of this year, turing on our water resources. Mr. Pru- The PRESIDING OFFICER. Is there the EPA and Department of Justice itt has been a friend to polluters, help- objection? issued an outrageous decision that the ing them to use his office as a conduit Without objection, it is so ordered. EPA is not liable under the Federal for their special interests. He has sent The Senator from Oregon. letters on official letterhead to the Mr. MERKLEY. Madam President, I Tort Claims Act for damages to water EPA, the Department of the Interior, thank the floor staff who were here users caused by this Gold King Mine the Office of Management and Budget, through the night last night and also spill. This decision represents a broken and even to the President of the United the staff of the Republican cloakroom promise from the EPA that it would States, copied and pasted nearly ver- and the Democratic cloakroom. They fully address this environmental dis- batim from language written by indus- have enabled us to continue this proc- aster. try lobbyists. ess at great expense to their energy Now, while the agency has taken steps is to clean up the mine, no farmer Perhaps most damning of all, Mr. and fatigue. As Senators, we all appre- Pruitt has repeatedly denied the sci- ciate the team that has made this pos- in New Mexico or on the Navajo Nation has received a dime of compensation, entific consensus on the human influ- sible. ence on climate change, including in I also want to draw attention to a and distrust of the government has un- an op-ed recently published in May of letter from 773 EPA employees, who derstandably deepened across the Four last year. It takes a willful disregard state: Corners region. During his confirmation hearing be- for data-driven science to ignore the We write as former employees of the Envi- increase in extreme weather events ronmental Protection Agency (EPA) to share fore the Senate Committee on Environ- our concerns about Oklahoma Attorney Gen- ment and Public Works last month, that we are now seeing on a regular eral Scott Pruitt’s qualifications to serve as President Trump’s nominee to run the basis, thanks to climate change. the next EPA Administrator in light of his EPA, Oklahoma attorney general Scott Just last Saturday in Mangum, OK, record in Oklahoma. . . . Our Perspective is Pruitt, said that he would review the an all-time record of 99 degrees Fahr- not partisan. Having served under both Re- Agency’s decision not to make pay- enheit was set on February 11. Imagine publican and Democratic presidents, we rec- ments to claimants affected by this that; 99 degrees in the heart of winter. ognize each new Administration’s right to Folks, I wish I were making this up, pursue different policies within the param- spill. If he is confirmed as EPA Adminis- but no snowball on the floor of the Sen- eters of existing law and to ask Congress to ate can erase these facts. change the laws that protect public health trator, Mr. Pruitt must take imme- It was Mr. Pruitt, the Attorney Gen- and the environment as it sees fit. diate steps to restore trust among the eral of Oklahoma, who sued the EPA to However, every EPA Administrator has a people of Colorado, New Mexico, Utah, prevent measures to limit greenhouse fundamental obligation to act in the public’s the Southern Ute Tribe, and the Nav- interest based on current law and the best gas emissions, the very cause of cli- ajo Nation, who have already waited available science. Mr. Pruitt’s record raises mate change. Americans need a leader far too long for the EPA to keep its serious questions about whose interests he at the EPA who will take action on cli- has served to date. promise and compensate them for the mate change, and we need someone Madam President, with that, I yield harm that has been caused. who is guided in their decisions by the I will hold Mr. Pruitt accountable for the floor. best available science. The PRESIDING OFFICER. The Sen- cleaning up toxic, abandoned hard-rock I have heard from thousands of New ator from New Mexico. mines in the West, such as Gold King, Mexicans who have made a strong case Mr. HEINRICH. Madam President, on and I will hold him accountable for that Mr. Pruitt is not the right person August 5, 2015, 3 million gallons of acid making sure the water that New Mex- for this job. I will not vote to confirm mine drainage laden with heavy metals ico communities and farmers rely on is Scott Pruitt. But I will say that if my and other contaminants were released safe. colleagues move forward with this into Cement Creek by an Environ- We shouldn’t wait for more disasters nomination, they can be sure that we mental Protection Agency contractor to strike. New Mexico communities de- will hold Mr. Pruitt accountable for de- investigating contamination at the serve full and complete protection for cisions that hurt the health of New Gold King Mine in San Juan County, their land, their water, and their liveli- Mexico families. That includes making CO. hoods. sure Mr. Pruitt rights the wrongs in- Contaminated water flowed down Ce- Unfortunately, I have real reason to flicted on communities in the Four ment Creek, down the Animas River, doubt Mr. Pruitt will take this respon- Corners region by the Gold King Mine and into the San Juan River, resulting sibility and core mission of the EPA se- spill. It is going to take many years to in water use restrictions and emer- riously in his new role. As the attorney clean up the legacy of 100 years of hard gency responses in Colorado, New Mex- general of Oklahoma, Mr. Pruitt has rock mining and the impacts on our ico, Utah, the Southern Ute Reserva- built a long track record that is anti- watersheds in northwestern New Mex- tion, and the Navajo Nation. We need thetical to the EPA’s core mission to ico and on the Navajo Nation. only look at the photos of the bright keep our Nation’s land, water, and air In New Mexico, we have a saying: orange water streaming through these clean. Mr. Pruitt repeatedly fought ‘‘Water is life.’’ The water we drink various drainages to see how terrible against the EPA as it implemented and the air we breathe are not nego- this spill was for the affected commu- measures to safeguard our clean air tiable. nities and for water users. The Gold and clean water. My constituents in New Mexico can- King Mine spill placed a heavy burden Rather than protecting the health of not afford to see the EPA stop working on States, tribes, local governments, Oklahoma families, he has filed law- to protect us from air pollution, to and communities, and the spill hurt suits against the EPA to stop rules conserve our water resources, and to businesses, farmers, and ranchers that would have reduced smog and soot work to reverse the damaging effects of throughout the region. crossing State lines, protected against climate change. Since the spill, I have visited im- emissions of mercury, arsenic, acid Madam President, I reserve the re- pacted residents and communities and gases, and other toxic pollutants from mainder of my time. worked closely with local, State, and power plants, and improved air quality The PRESIDING OFFICER. The Sen- tribal leaders to make sure water is in national parks and wilderness areas. ator from Montana. monitored for contaminants, and costs Mr. Pruitt has shown little regard for Mr. DAINES. Madam President, I can from the spill are repaid. the safety of our drinking water, filing tell you it is bittersweet to be here

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.052 S16FEPT2 S1386 CONGRESSIONAL RECORD — SENATE February 17, 2017 today. As we sometimes say back ing almost inevitably to the entire That is why he is going to be a great home: I’ve got some good news; I’ve got shutdown of Colstrip. Administrator, to protect the environ- some bad news. On the good news side, In fact, according to a study con- ment in Montana. we are here today to confirm Attorney ducted by the University of Montana, That is the good news. We are going General Scott Pruitt to be the next Ad- they said this plan will cost our State to move Scott Pruitt through today, ministrator of the EPA. While he 7,000 jobs, $500 million in lost revenues, and I am looking forward to casting a should have been passed through the and $1.5 billion in gross sales for our ‘‘yes’’ vote for our next Administrator Senate weeks ago, we are here now. We State. And Montana moves from being of the EPA. are here today. We are going to get it an energy exporter to being an energy NOMINATION OF RYAN ZINKE done in a couple of hours. That is good importer. That is outrageous, and the Let me share the bad news. Just this news. people of Montana know it. morning, Leader MCCONNELL came here As they say about Montana, we are a For what? For what the Obama ad- to move Congressman ZINKE’s nomina- unique blend of Merle Haggard and ministration had projected to have a tion to be the next Secretary of Inte- John Denver, and mastering that mel- 0.02-degree impact on global tempera- rior and debate that on the floor. Let’s ody is always a challenge. When you ture in the next 100 years—negligible. have unanimous consent; let’s get that do, it results in a commonsense ap- In fact, I confronted Gina McCarthy on done. proach to environmental stewardship, that in a hearing, and she did not re- Guess what. The Democrats objected. and I can tell you Scott Pruitt is the fute my data. Why? guy to do it. Similarly, the waters of the United RYAN ZINKE and I went to Boise State I literally left my office to come here States serves yet another example of in 1979. He will be the first Cabinet ap- and make these remarks, and guess the detrimental effects of Gina pointee in the history of the State of who I was meeting with in my office. It McCarthy’s and President Obama’s Montana going back to statehood of was Scott Pruitt. EPA, which has harmed Montana’s 1889, and the Democrats are blocking You know what we talked about? farmers and ranchers. As I mentioned, us from getting that done today for no He came into my office. When you one of my favorite things to do is get good reason. come into my office, you can see Mon- into the fresh air of Montana, the clean He passed with a bipartisan vote of 16 tana all over the walls. You are going waters of Montana, up in wilderness to 6 in the Energy and Natural Re- to see me with a fly rod in my hand. country with my fly rod in my hand. sources Committee. He is going to be You are going to see pictures of trout We all want clean water. We all want an outstanding addition to President that we have caught and released back clean air. I have yet to meet a single Trump’s Cabinet. I don’t understand into the streams and rivers of our Montanan who says I don’t want clean why it is being blocked. We can get that done this after- State. We talked about fly fishing in air; I don’t want clean water. The WOTUS rule was a clear effort noon—done. Let’s get it done now. In- Yellowstone Park. He loves to fly-fish. by the Obama administration to gain stead, RYAN ZINKE is being stopped In fact, he asked to me: Do you know control over Montana’s livelihoods. It from assuming his position as Sec- where Cooke City, MT, is? retary of the Interior. Guess what. We I said: Scott, Cooke City, MT? Let was a private property taking, seeking to regulate virtually every ditch and have a long list of things to do in Inte- me show you. I have a map of the pond that could be occasionally wet rior. Beartooth in my office with pins in all across the State of Montana. I am the chairman of the National the lakes that I have blown to. In fact, While, thankfully, this incredible Park Subcommittee. We have a back- I spent 65 miles in the Beartooth Wil- overreach by the EPA and the Obama log of maintenance. We have to get derness in August on horseback and on administration has been stopped by the ZINKE in place now to start strength- foot, above 10,000 feet, with an elk hair courts, I am looking forward to work- ening our national parks. He is going caddis and my fly rod, chasing golden ing with Scott Pruitt to defend Mon- to be a great addition. trout and cutthroat trout. We spent a tana farmers and ranchers and to de- I am pleading with my colleagues. I lot of time talking about that. We fend Montana property owners from am asking why. Give me a good reason talked about elk hunting and deer this unnecessary and harmful rule. why you are objecting to moving Con- hunting in Montana. Scott Pruitt understands the impor- gressman ZINKE’s nomination forward Scott Pruitt understands the impor- tant role our States play and not to now? Why are you holding up this his- tant role that States play, especially in levy unnecessary and overreaching toric vote for Montana? a State like Montana. I am confident Federal regulations—regulations that This will be the longest a President he is going to restore this balanced could decimate a State’s economy. has waited for his team to be in place focus, this Merle Haggard and John That is unacceptable. since George Washington. It is ridicu- Denver balance that Montanans are I will tell what you else I talked to lous. We need a Secretary of the Inte- pleading for. He will bring that back to Scott Pruitt about; that is, the impor- rior who will be a westerner, one who the EPA, rather than this heavy-hand- tance of cleaning up our Superfund understands that Montana is that bal- ed Gina McCarthy out-of-touch Federal sites. This is a critical responsibility of ance between Merle Haggard and John approach. the EPA. We need to unleash American Denver; a Secretary who understands Let me tell you a couple of stories of innovation, American cooperation—not that, in Montana, our largest neighbor what is going on in Montana and why cut off affordable energy sources at its is the Federal Government; and a Sec- Scott Pruitt is exactly the right guy heels. retary who understands how important for the job. Today in the small town of Regarding Superfund cleanup, as our national parks are for us and for Colstrip, MT, they face a real struggle Scott and I concluded our meeting, we the 6 million folks who visit them to survive. Colstrip is a generating sta- talked about the Berkeley Pit in Butte. every year. RYAN ZINKE is a great guy tion and neighboring mine and the life- He has committed to getting that envi- for that job, but we can’t even have a blood of this small town. ronmental disaster cleaned up. He as- vote. So we wait. Over the years, the Colstrip plant has sured me he will address these issues We wait on the Democrats’ political continued to develop. They have adopt- head-on. games to unfold. We wait on Demo- ed new technologies, and they made re- The largest Superfund site in the crats’ political posturing. We wait on markable reductions in emissions and United States is right there in Butte, the Democrats’ next delay tactic. pollution. Yet it has been met with an MT. We had snow geese that came Montanans are saying: You know onslaught of new environmental regu- across our State migrating. They land- what, we are tired of these reindeer lations that are having drastic compli- ed in the toxic waters in the Berkeley games. Let’s put the President’s team ance costs on our State. Pit, and thousands of snow geese died in place. Let’s at least move RYAN Let me share some of those. Under just by landing in the water. Scott is ZINKE through in the next couple of this EPA power plan that was launched committed to getting that fixed. It has hours. by Gina McCarthy, Montana needs to been on the list for over 20 years. It is That should not be a heavy lift, but cut its emissions by 47 percent—the time to fix it, and Scott is committed, they are obstructing putting Congress- largest reduction in the Nation, lead- saying: Let’s get this done. man RYAN ZINKE, who is ready to go—

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.232 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1387 a Navy SEAL—to be the next Sec- or great-grandparents pushed west to them for their sacrifices and for their retary of the Interior. start a new life in the homestead era. commitment to You and country. Mr. GARDNER. Will the Senator My family is no different. We pray in Your great Name. Amen. yield for a question? I am proud and honored that my wife The PRESIDING OFFICER. The Sen- Mr. DAINES. I will. and I are still able to farm the land ator from Montana. Mr. GARDNER. I thank my colleague that my grandparents homesteaded Mr. TESTER. Madam President, from the great State of Montana. over a century ago. I know that it does folks are coming to Montana from all During the debate on the floor just a not matter if you are growing alfalfa, over this country because of our clean while ago, we heard more debate on winter wheat, spring wheat, safflower, air and clean water and the habitat it something that is very near and dear or garbanzo beans. I know it doesn’t provides. Not only Montanans, but this to my heart; that is, the matter of the matter if you are raising cattle or entire country respects clean air and Gold King Mine and the EPA’s self-ad- sheep or hogs. You have to have access clean water. In fact, in Montana, it is mitted responsibility on spilling 3 mil- to clean water or you cannot succeed Montana’s Constitution that says we lion gallons of toxic sludge into the in agriculture. value clean air and clean water. Animas River in Colorado. In Montana, agriculture is the num- The reason we place such a high im- The debate around the floor and my ber one industry. Local economies portance on clean air and clean water comments this morning have centered around our State are driven by that ag- is because we see what happens when it on the EPA’s admitted liability and riculture economy, whether it is farms is put at risk. On numerous occasions, fault in spilling millions of gallons of or ranches. In a good year, our State’s Montanans have been victims to cor- sludge into a river, promising they wheat production alone will clear a porations who treated Montana like a would make the claims, pay for the in- trillion dollars. Third World country. They reaped the jury that occurred, and then denying This production not only helps create value of our natural resources, and those claims and walking away. jobs and farms and ranches but it then they left the American taxpayer Had the private sector been involved, boosts the bottom line for the local to clean up the mess. Folks like the my question to the Senator is this: If grocery store, the hardware store, and Anaconda Company, W.R. Grace, the private sector admitted guilt in local construction crews keep busy. Glencore, just to name a few. They left a mess. It wasn’t the EPA spilling 3 million gallons of toxic waste Agriculture is the backbone of Mon- that left that mess. It was these cor- into a river, would they be held ac- tana’s economy, but it is not the only porations, and it is the EPA’s job to countable? industry in Montana that relies on make sure they clean up this mess, not Mr. DAINES. I am not sure if that is clean air and clean water. out of the pocketbook of the American a direct question or a rhetorical ques- Montana’s outdoor economy is grow- taxpayer. These folks, these corpora- tion. Of course, CORY—the Senator ing rapidly every year. Hunting, fish- tions, have put our clean air and clean from Colorado—they would be held ac- ing, hiking, and camping generate over water at risk. Not only did they con- countable, and that is why we need to $6 billion and sustain over 64,000 jobs in taminate the land, they contaminated hold the Superfund sites. We need to Montana each and every year. More our local economies. One of the largest hold sites, like what happened here folks are visiting Glacier and Yellow- Superfund sites in this country is in with the mine in Colorado—hold the stone National Parks every summer. Butte, MT. It took 16 years, nearly $150 And when they visit, these folks EPA accountable for that. million to clean up just a portion—just spend millions of dollars in commu- Mr. GARDNER. If the Senator would a small portion of what the Anaconda yield, what the EPA has stated is ad- nities outside the parks. Communities Company left behind after mining cop- mitting fault, admitting and promising like Gardner, Livingston, Coram, and per in Southwest Montana. that they would pay for those who were Columbia Falls constantly have packed In Libby, hundreds of people have injured, and then just weeks ago, as restaurants and bars and hotels, died, and over 1,000 people are ill be- the previous administration was end- thanks to our clean water and our cause of asbestosis due to asbestos ex- ing, they denied every single one of the clean air. Folks are flocking to Mon- posure. Even though a local private claimants. The Senator has tana because of those assets. vermiculite mine closed in 1990, folks talked about Scott Pruitt at EPA. PRAYER are still getting sick due to asbestos- When I spoke with the Adminis- The PRESIDING OFFICER. Pursuant related diseases. trator-designate of EPA, Scott Pruitt to rule IV, paragraph 2, the hour of 12 And for years, I have been fighting said they would make the private noon having arrived, the Senate having alongside the folks at Columbia Falls, claimants whole; that they would pay been in continuous session since yes- MT, to hold Glencore accountable to the Navajo Nation; that they would terday, the Senate will suspend for a that community for the cyanide and pay the claims made by outfitters who prayer from the Senate Chaplain. arsenic they left abandoned on the were shut down. The Chaplain, Dr. Barry C. Black, of- banks of the Flathead River near the Will the Senator help me make sure fered the following prayer: gateway of Glacier National Park. that the EPA stands up to its obliga- Let us pray. Companies that put our clean water tions and recognize that Scott Pruitt— Almighty God, the fountain of bless- at risk cannot be trusted because they at both the EPW confirmation hearing ings, may we rest and wait patiently never stick around to clean up the and to me—has committed that the for You. You are the Author and Fin- mess they have made. We have seen it EPA will do what they did not do; that isher of our faith, so empower us to firsthand. And that is why we need an is, to make our citizens whole? embrace Your precepts and walk in EPA Administrator who is going to Mr. DAINES. We will work together Your path. side with the American taxpayer, with on that. Lord, prepare our lawmakers to be local economies, with local families, I yield back my time. instruments for Your glory. Inspired by and hold the polluters and contamina- The PRESIDING OFFICER. The Sen- Your Spirit, may they humble them- tors accountable for their shortsighted ator from Montana. selves, praying fervently, seeking Your actions. Mr. TESTER. Madam President, I face, and turning from evil. Respond to It is for these reasons that I cannot rise today to discuss the nomination of their fervent pursuit of You by bring- support Scott Pruitt’s nomination for Scott Pruitt. ing healing to our hearts, Nation, and Administrator of the EPA. Throughout I understand when we hit high noon, world. Deliver our Senators from evil, his career, he has consistently sided there will be time for prayer. You tell and guide them around the obstacles with the big polluters over the local me, and we will yield back and get this that hinder their progress. Forgive businesses and the local families. done. them when they delay the good they I am not convinced that Mr. Pruitt I want to talk about the nomination can do now, waiting for a more conven- understands the critical role that clean of Scott Pruitt and how this important ient season. air and clean water plays in agri- vote will impact my home State. So Lord, remember the many staff mem- culture and our outdoor economies. In many folks call Montana home today bers and others who have worked long my conversations with Mr. Pruitt, I re- because their parents or grandparents hours through the night. Compensate ceived no assurances that he will be a

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.233 S16FEPT2 S1388 CONGRESSIONAL RECORD — SENATE February 17, 2017 champion for Montana’s family farm- Mr. MERKLEY. Mr. President, I ask day in JIM INHOFE’s hideaway. Every ers, ranchers, those who love to hunt, unanimous consent that Senator time we meet, almost without excep- fish, and hike in Big Sky Country. Mr. PETERS be allowed to speak for 5 min- tion, Chaplain Black reminds us, Pruitt has endorsed policies that will utes, followed by Senator CARPER for 10 Democrats and Republicans—those of put Montana jobs at risk and put our minutes, followed by Senator BAR- us who need the most help—he reminds outdoor heritage on the ropes. RASSO for 10 minutes. us that of all the times the Scripture is Don’t just take my word for it. Thou- The PRESIDING OFFICER. Without invoked, we should ask for wisdom. sands of Montanans have contacted my objection, it is so ordered. Well, I ask for wisdom every night office regarding Mr. Pruitt’s nomina- The Senator from Michigan. for myself, my colleagues in the Sen- tion. Caitlin from Libby wrote me: Mr. PETERS. Mr. President, I stand ate, over in the House, the President, No community understands the grave im- today to express my opposition to the the Vice President, their spouses, every pact lack of regulation or failure to enforce nomination of Scott Pruitt as the Ad- night, that we have the opportunity to environmental regulations can have on a ministrator of the Environmental Pro- gain some wisdom. community like Libby does. Four hundred tection Agency. Mr. Pruitt’s track When Scott Pruitt was nominated to people died in Libby because W.R. Grace record does not demonstrate a commit- be the Administrator for EPA, I sent mined vermiculite that was contaminated ment to addressing critical natural re- him a letter December 28, asking 52 with asbestos. . . . These people died . . . questions, asking for responses by Jan- when they were just doing their job. Libby source issues. doesn’t want or need another person that As Oklahoma’s attorney general, he uary 10. They didn’t come by January looks the other way while big corporations joined forces with polluters to sue the 10. We had a hearing January 18. I got prey on hard-working people. Environmental Protection Agency some answers, not all. One thing I also Stephen from Corvallis wrote: again and again, to undermine the safe- asked for, also asked for by Senator I am a farmer in Montana, and I regularly guards for clean air and for clean SHELDON WHITEHOUSE, was access to use pesticides, where I hope the EPA has my water. what the folks had been asking for back to make sure these things are safe for I am also dismayed he has not yet from the Center for Media and Democ- me and the environment. . . . Farming con- committed to recusing himself on racy for 2 years; that is, access to thou- tinues to be less predictable, due to a change those pending lawsuits, if confirmed. sands of emails in the AG’s office, and in climate. I want someone in that position Not once, not one single time has he their back and forth with the fossil fuel that has my back as a farmer, not someone pressed the EPA for more action to industry, oil, natural gas, coal, a vari- that questions broad scientific consensus. protect public health or the environ- ety of others. We would like to have ac- Rich is a retired public lands man- ment. He has defined his career by un- cess to those emails. ager from Stevensville who wrote me dermining laws that prevent people When Mr. Pruitt went before our saying this about Pruitt: from getting sick and safeguard the en- committee for his hearing on January Is not fit to be leading an agency respon- vironment from degradation. 18, he was asked the question: Do you sible for protecting wildlife, clean water, In addition, Mr. Pruitt refuses to re- promise to provide information reason- clean air, and leading the charge of address- lease thousands of emails related to his ably requested by committees here in ing a changing climate. Pruitt is anti- science, routinely disregarding well-estab- ties to special interests, including cor- the United States Senate and the Con- lished studies involving climate change. I re- porations that may have donated to his gress, including in electronic form? He cently retired . . . the thought of the pos- political campaigns. These connections said, yes, but he didn’t do it. In fact, sible damage and undoing of what I’ve lived to very big energy interests are rel- for 2 years, the AG’s office fought off and worked for over my [entire] life by this evant, given Mr. Pruitt’s history of efforts to try to gain access to that in- man is disheartening to say the least. copying and pasting industry requests formation, electronic media. It took a Look, folks, the Earth’s climate is directly onto his attorney general of- judge calling an emergency meeting changing. There is no ifs, ands, or buts fice’s letterhead. yesterday in Oklahoma to say to the about that. If we want to be able to It is very difficult to fully evaluate attorney general’s office: You have to continue to take our fly rod and go his record without these emails made turn this information over. Normally, fishing down those rivers, you have to public. Just yesterday, an Oklahoma you know how long a 4-year request have somebody in the EPA who will en- State district judge ruled that Mr. Pru- takes in Oklahoma to get results like sure that we have clean water and itt’s office will have until Tuesday to this? We are talking maybe 2 months. clean air. I will tell you something turn over these emails. This was over 2 years. that happened in Montana for the first Unfortunately, the Senate will vote Finally, we are going to get access to time this year. The Yellowstone River on his nomination in just a moment, those emails. There may be a reason closed. The bottom reason for it was before these documents are released, why they were so reluctant to share the water warmed that much. If you and give the American people an oppor- those emails with us. We are going to are going to have good habitat for fish- tunity to see what they contain. find out starting next Tuesday, eries, if you are going to have good I would strongly urge that the nomi- Wednesday, Thursday, when we get habitat for elk and big game hunting, nation vote be postponed until these them. If we don’t vote to support Sen- if you are going to be able to go up in emails are released, and they can be ator MERKLEY’s proposal, to put off the the mountains and hike, fish, bike, and fully considered. The EPA Adminis- vote until the Monday after we come do the things we do in Montana, you trator must be someone who is com- back from recess, we will not have the have to have somebody in the EPA mitted to improving and enforcing laws opportunity to take advantage of what that makes a difference. and regulations that safeguard clean the judge—I don’t know if it is by Di- What we do today will not be felt air and clean water for all Americans. vine intervention, but this judge has today. It will be felt tomorrow. That is Mr. Pruitt’s record of undermining given us the opportunity to gain wis- why today we need a man in the posi- critical health and environmental pro- dom, to make a smarter decision, to tion of EPA who will fight for clean tections demonstrate that he is simply make a better informed decision. If we water and clean air. It is critical to our not the right person to lead the EPA. I vote up or down on Mr. Pruitt’s nomi- survival, no ifs, ands, or buts about it. urge my colleagues to oppose Mr. Pru- nation today, we pass up a great oppor- Stephen, Caitlyn and Rich are right. itt’s nomination. tunity to get a fuller picture. We need folks in the administration I yield the floor. Now, my Republican friends will say: who will stand up and understand the The PRESIDING OFFICER. The Sen- He sat through the longest hearing of value of clean air and clean water. Un- ator from Delaware. any EPA Administrator in the history fortunately, the President has nomi- Mr. CARPER. Mr. President, a few of our country. He has answered 1,000 nated someone who can’t deliver. minutes ago, we stopped everything questions. Therefore, I will oppose Mr. Pruitt’s right here. Stopped. And the Chaplain Let me just say that Gina McCarthy nomination and urge my colleagues to of the U.S. Senate came in, Barry answered more when she was the last do the same. Black, retired Navy Admiral, and gave EPA Administrator. She answered I yield the floor. a prayer. more—quite a few more, actually. She The PRESIDING OFFICER (Mr. KEN- We have a Bible study group that took a little extra time to actually an- NEDY). The Senator from Oregon. meets every Thursday. We met yester- swer the questions.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.237 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1389 So many of the responses we got to call ever having seen an appointment nees. We have seen it time and again. the thousands of questions for the of someone who was so disdainful of We have seen it in agencies all across record asked of this nominee—the an- the agency and the science behind what the government, including right now swers were evasive, they were incom- the agency does.’’ That bears repeat- the Environmental Protection Agency, plete, and sometimes they were just to- ing. ‘‘[I] can’t recall ever having seen the EPA. Democrats are just wasting tally nonresponsive. You can say he an appointment of someone who is so time, and they are doing it inten- answered all the questions, but how disdainful of the agency and the tionally. They are not protecting our well? How thoroughly? How respon- science behind what the agency does.’’ environment, not one bit. They are not sively? Not so good. Not so good. Those are powerful words. safeguarding the health of the Amer- Friends, I want to put up here on the Just as I think that the idea of wait- ican people, not at all. board—I have a board here. Let’s look ing another week or so to get the wis- Government agencies like the EPA at the third one. dom that those thousands of emails and one after another need their lead- Mr. President, how much time do I might contain—we don’t have to wait ership in place and they need it in have? for the wisdom from this woman who place now. What they don’t need, what The PRESIDING OFFICER. Five and has walked in these shoes, serving her the American people don’t need, is a half minutes. State as Governor and serving this more political theater from the Senate Mr. CARPER. We have heard from a country as the leader of the Agency Democrats. lot of folks, different views on what we that protects our public health for all We have heard a lot about Scott Pru- ought to be doing. One of them was of us. My hope is that our colleagues itt’s nomination to be Administrator of from a fellow whose name is Kyle will not ignore this wisdom. the EPA. Much of what we heard from Meyaard-Schaap. Who is Mr. Schaap? Lastly, I will say this: Come next our colleagues on the other side of the Good question. Mr. Schaap is the lead- Thursday, Friday, we are going to start aisle has simply not been true. er or one of the spokespersons from a getting the information from these I want to set the record straight. As group—if I can find it here; here we emails. We will find out if there is fire head of the EPA, Scott Pruitt will pro- go—spokesperson for Young where there is smoke or not. If there is tect the environment. During his 6 Evangelicals for Climate Action. nothing there, then there is nothing years as attorney general for the State He wrote us about Mr. Pruitt’s nomi- there, but if there is something there, of Oklahoma, Mr. Pruitt has stood up nation. Here is what he had to say: I just want to say to my Republican to polluters, he has worked across If Scott Pruitt embraces his own self-de- friends, if you are ready to vote for this State lines, and he has worked across scribed pro-life stance, he should fight to nominee without this complete infor- party lines. He has done it to lower protect vulnerable lives from birth to nat- mation that we could have here to be phosphorous levels in the Illinois ural death—the lives of children born and put to use in a positive way within 10 River. He actually negotiated a water unborn, the elderly, people of color—from en- days from now, you pass up a big op- rights settlement with Oklahoma vironmental pollution. He should work tire- portunity. tribes. Why? Well, to preserve scenic lessly to ensure that everyone has clean water and air. He should strengthen, not We are in a sense, by voting on this lakes and rivers. He used commonsense eviscerate, an agency equipped to honor nomination without this information, policies. He used them to protect the God’s mandate to steward and care for the flying blind. I am an old naval flight environment in Oklahoma, and he will creation. officer, 23 years as a naval flight offi- follow commonsense policies at the En- Mr. Meyaard-Schaap goes on to say: cer, retired Navy captain. In Southeast vironmental Protection Agency. The delays we have seen by Demo- As Oklahoma attorney general, however, Asia, you flew into monsoons and real- [Mr. Pruitt] has done just the opposite. He ly bad weather sometimes. We never crats have never actually been about has had the chance to protect people from wanted to fly blind. We always wanted Mr. Pruitt or his record or the answers pollution and the harms of climate change. to have a good weather forecast. We he has given to questions about his Instead, he has brought multiple lawsuits want to avoid the places we ought to qualifications. He has answered over against the EPA to overturn measures that avoid. We wanted to fly at altitudes 1,200 questions. He has answered four would safeguard clean water and air. He had that were safe. We wanted to use our rounds of questions in committee, went the chance to defend policies that cut the radars to be able to find the pockets to for 61⁄2 hours. Members on the other power plant pollution that fuels climate side said these were very fair hearings. change and pollutes our air. Instead, he cast go through to be safe. We never wanted doubt on climate change and downplayed the to fly blind. These delays are all about obstruction. moral imperative to safeguard our climate If we basically, before we close up They are all about denying President and environment. He had a chance to assist shop, vote for this nominee with in- Trump his Cabinet. That is what this is EPA in its mission to protect public health. complete information, we are flying all about. It is about pretending that Instead, he questioned its mission entirely blind. It wasn’t a very smart thing to their candidate Hillary Clinton did not and sought to defend industry from regula- do in naval aviation, and it would not lose the election in November. That is tion. be a smart thing for us to do here. what this is all about. We all have an obligation to protect This is not a warning; this is just We have seen them use the same tac- the health of our children, families, friendly advice from one colleague to tics on one Cabinet nominee after an- and the world in which we live. For me, another: It is worth waiting an extra other. As the Cabinet nominees were this is not only my responsibility as a week to get this information rather named, what we saw was a list of eight parent and official elected to serve the than voting today without it. Again, nominees come out who Senator SCHU- people of Delaware, it is a moral call- the words of our Chaplain Barry Black MER had as his hit list of nominees he ing. always invoking us to ask for wisdom— was going to oppose, slow down, ob- I sat for 8 years as a member of the I have asked for it. The wisdom that I struct, boycott. Democrats delayed. National Governors Association. For 7 would impart to all of us today: Hit the They delayed again. They delayed years, this lady sat right next to me. pause button. Get the information next again. That is what we saw in one after She was the Governor of New Jersey. week. Make our decision then. another. She went on to become the Adminis- I yield back my time. Thanks so When Scott Pruitt is confirmed trator of the EPA—the very position to much. today, he will take office later than which Scott Pruitt has been nomi- The PRESIDING OFFICER. The Sen- any incoming EPA Administrator for nated. She is not a Democrat. She is ator’s time has expired. any new administration going back to not a progressive. She is not a knee- The Senator from Wyoming. the 1980s. jerk liberal. She is a Republican. She Mr. BARRASSO. Mr. President, over Our friends on the other side of the was not only the Governor of her State the past weeks, we have seen Demo- aisle need to recognize that the terrible for 7 years, but she was the head of crats continue to use one delaying tac- precedent they are setting today with EPA for a number of years under tic after another on the floor of the all of these relentless and needless George W. Bush. Here is what she basi- Senate. They have tried to slow down delays will continue into the future. It cally said about Scott Pruitt, her the confirmation of many of the ad- is a precedent, just like the precedent words, not mine. She said: ‘‘[I] can’t re- ministration’s most important nomi- that Harry Reid set when he changed

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.234 S16FEPT2 S1390 CONGRESSIONAL RECORD — SENATE February 17, 2017 the rules of the Senate by breaking the or about his qualifications. These and I thank the Senator from Wyo- rules. The Democrats need to see how delays, I say, are all about obstruction ming. their actions will continue to play for- and denying President Trump his Cabi- I am just making a point here. ward, will affect the confirmation proc- net. I go on to say: It is about pre- Mr. BARRASSO. Regular order. ess for all future administrations, in- tending that their candidate, Hillary VOTE ON MOTION TO EXTEND DEBATE cluding Democratic administrations. Clinton, didn’t lose the Presidential The PRESIDING OFFICER. The The American people want someone election. question is on agreeing to the motion in place to run these important Depart- Mr. FRANKEN. Mr. President, I have to extend postcloture debate. ments. What we see from the Demo- a parliamentary inquiry for the Parlia- Mr. MCCONNELL. I ask for the yeas crats is political theater on the floor of mentarian. and nays. the Senate. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a President Trump deserves to have his ator will state his parliamentary in- sufficient second? team in place. President Trump de- quiry, please. There appears to be a sufficient sec- serves to have his Cabinet in place. The Mr. FRANKEN. Mr. President, it ond. Cabinet nominees deserve an up-or- seems to me that that is imputing to The clerk will call the roll. down vote from the Senate on the floor Democrats’ actions and motives not be- The bill clerk called the roll. of the Senate. That is what we are coming of a U.S. Senator. Mr. CORNYN. The following Senator going to do today with Attorney Gen- Mr. BARRASSO. Well, Mr. President, is necessarily absent: the Senator from eral Scott Pruitt, who is qualified and it is my— Arizona (Mr. MCCAIN). who has been nominated to be the Ad- Mr. FRANKEN. I made a parliamen- Mr. DURBIN. I announce that the ministrator of the EPA. tary inquiry, and I would appreciate an Senator from Indiana (Mr. DONNELLY) Scott Pruitt will protect our environ- answer. is necessarily absent. ment, and he will protect the health of The PRESIDING OFFICER. In the The PRESIDING OFFICER. Are there all Americans. He is the right person opinion of the Chair, they do not vio- any other Senators in the Chamber de- for the job. late the rule. siring to vote? Mr. FRANKEN. Will the Senator Mr. BARRASSO addressed the Chair. The yeas and nays resulted—yeas 47, yield for a question? Mr. FRANKEN. Can I get some expla- nays 51, as follows: Mr. BARRASSO. At the end of my re- nation? [Rollcall Vote No. 70 Ex.] marks, I will yield for a question. The PRESIDING OFFICER. The Sen- YEAS—47 So I say to you, as I come here to the ator from Wyoming. floor, I chaired the Environment and Mr. BARRASSO. Mr. President, this Baldwin Harris Nelson Bennet Hassan Peters Public Works Committee on Scott Pru- is a very highly politicized situation. It Blumenthal Heinrich Reed itt’s nomination. I listened to 61⁄2 hours is not my intention in any way to im- Booker Heitkamp Sanders of testimony. I listened to and read pugn any of the motives of any of the Brown Hirono Schatz Cantwell Kaine through responses that he gave to 1,200 Members of this body. Schumer Cardin King Shaheen questions that were asked of him. He I yield back my time. Carper Klobuchar Stabenow Casey Leahy gave thorough answers—perhaps not Regular order. Tester Coons Manchin Mr. FRANKEN. Mr. President, can I Udall the answers the Democrats wanted to Cortez Masto Markey Van Hollen hear but answers that I felt were re- have a minute? Duckworth McCaskill sponsive. The PRESIDING OFFICER. The Durbin Menendez Warner Warren So I come to the floor to urge all of question is on the motion to extend Feinstein Merkley Franken Murphy Whitehouse my colleagues to support Mr. Pruitt’s postcloture debate. Gillibrand Murray Wyden nomination to be the Administrator of Mr. FRANKEN. Mr. President, may I the Environmental Protection Agency. ask the Chair for permission to speak NAYS—51 He is a nominee who, as attorney gen- for a minute. Alexander Fischer Paul Barrasso Flake Perdue eral in Oklahoma, protected the envi- The PRESIDING OFFICER. Without Blunt Gardner Portman ronment, worked to strengthen the objection, the Senator will proceed. Boozman Graham Risch economy, and stood up for States’ Mr. FRANKEN. Thank you. I had no Burr Grassley Roberts intention of actually filing a rule XIX Capito Hatch Rounds rights, which continues to be most cru- Cassidy Heller Rubio cial. objection. My point is—and the reason Cochran Hoeven Sasse With that, Mr. President, I yield for is because I didn’t want to delay Collins Inhofe Scott a question. things. Corker Isakson Shelby But we have a nominee here who has Cornyn Johnson Strange The PRESIDING OFFICER. The Sen- Cotton Kennedy Sullivan ator from Minnesota. sued the EPA 18 times. The reason we Crapo Lankford Thune Mr. FRANKEN. Mr. President, would are doing this is because we don’t Cruz Lee Tillis my friend, the Senator from Wyoming, think this nominee is qualified. It has Daines McConnell Toomey Enzi Moran Wicker read back the part that he said earlier nothing to do with us not recognizing Ernst Murkowski Young in the speech about Democrats doing the results of the election, and I actu- this, the reasons we are delaying? ally take offense to that. NOT VOTING—2 Would he do me that favor? I don’t know why the Presiding Offi- Donnelly McCain The reason I am raising this is that cer ruled the way he did because I The PRESIDING OFFICER. On this we had a parliamentary question back think it is obvious that it is imputing vote, the yeas are 47, the nays are 51. when ELIZABETH WARREN was speaking motives unbecoming to Senators, by Three-fifths of the Senators duly cho- on the Sessions nomination which, I saying that we don’t recognize the le- sen and sworn not having voted in the guess, the majority leader questioned gitimacy of the election and we are affirmative, the motion is rejected. whether she was, in that case, ques- pretending that Hillary Clinton won The majority leader. tioning the motives or actions of a fel- the election. Mr. MCCONNELL. Mr. President, I low Senator. I am just raising this as a point, ask unanimous consent that the votes It seems to me that the Senator from which is that Senators do this rou- following the first vote in the series be Wyoming, whom I respect, was doing tinely, and if every time we raised a 10 minutes in length. the same about Democrats in the Sen- rule XIX on something like that, we The PRESIDING OFFICER. Is there ate. would delay—if you want to accuse objection? Mr. BARRASSO. Mr. President, re- people of delaying the Senate— Without objection, it is so ordered. sponding to the Senator from Min- The PRESIDING OFFICER. The Sen- There will now be 4 minutes of de- nesota, I think he may be referring to ator’s time has expired. Begin to wrap bate, equally divided, on the nomina- a part where I say: The delays by up, please. tion. Democrats have never actually been Mr. FRANKEN. I appreciate it. I Who yields time? about Mr. Pruitt’s answers to questions thank very much the Presiding Officer The Senator from Delaware.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.235 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1391 Mr. CARPER. Mr. President, I said leaders, from small business, from NOT VOTING—2 repeatedly on this floor that I take no farmers, from ranchers, and from many Donnelly McCain joy in discord and disagreement. I am others across this country. Attorneys The nomination was confirmed. not one who is interested in obstruc- general from all around the country Mr. MCCONNELL. Mr. President, I tion. I come from a little State like have recognized his good work. Attor- move to reconsider the vote on the Senator COONS, where we get along ney General LUTHER STRANGE of Ala- nomination, and I move to table the pretty well. We believe in the three bama—now U.S. Senator STRANGE—and motion to reconsider. Cs—communicate, collaborate, com- 23 of his peers wrote a letter in support The PRESIDING OFFICER. The promise. of Mr. Pruitt’s nomination. question is on agreeing to the motion But you know what else gives me no Here is what they wrote: joy? I get no joy from rising sea levels to table. The Administrator of the EPA plays a crit- The motion was agreed to. from New England to Miami that ical role in our Nation’s government. Attor- threatens our way of life. It threatens ney General Pruitt has proven, over the f our way of life. I get no joy from fish course of his career, that he has the right CLOTURE MOTION advisories that keep us from eating character, experience, and knowledge to fish in every State in this country. I serve as Administrator of the EPA. The PRESIDING OFFICER. Pursuant get no joy being one of the States at We urge the Senate to confirm his nomina- to rule XXII, the Chair lays before the the end of America’s tailpipe, where we tion. Senate the pending cloture motion, get all this pollution from other States I agree. I urge my colleagues to sup- which the clerk will state. and end up with higher costs and worse port the nomination. The senior assistant legislative clerk healthcare. I get no joy from the mil- I yield back the remainder of my read as follows: lions of kids who go to school this time. CLOTURE MOTION week with their inhalers because they The PRESIDING OFFICER. All time We, the undersigned Senators, in accord- have asthma. I get no joy from people has expired. ance with the provisions of rule XXII of the who appear before us as nominees, take Standing Rules of the Senate, do hereby The question is, Will the Senate ad- 1,000 questions for the RECORD, and give move to bring to a close debate on the nomi- vise and consent to the Pruitt nomina- us answers that in too many cases are nation of Wilbur L. Ross, Jr., of Florida, to tion? evasive, indirect, or incomplete. I get be Secretary of Commerce. no joy from nominees who appear be- Mr. MCCONNELL. Mr. President, I Mitch McConnell, John Hoeven, Deb ask for the yeas and nays. Fischer, John Thune, Johnny Isakson, fore us who pledge to provide informa- Tom Cotton, Marco Rubio, Dan Sul- tion requested by us responsibly, in- The PRESIDING OFFICER. Is there a sufficient second? livan, Mike Rounds, James M. Inhofe, cluding electronic media, and never Tim Scott, Lindsey Graham, Jerry give it to us, who fight for 2 years to There is a sufficient second. Moran, Pat Roberts, John Barrasso, make sure we never get it. I get no joy The clerk will call the roll. John Kennedy, Patrick J. Toomey. from those circumstances. The senior assistant legislative clerk The PRESIDING OFFICER. By unan- Thomas Jefferson used to say: If the called the roll. imous consent, the mandatory quorum people know the truth, they will not Mr. CORNYN. The following Senator call has been waived. make a mistake. We are prepared to is necessarily absent: the Senator from The question is, Is it the sense of the vote here with incomplete information, Arizona (Mr. MCCAIN). Senate that debate on the nomination without the kind of wisdom we could Mr. DURBIN. I announce that the of Wilber L. Ross, Jr., of Florida, to be have and vote with if we would wait 10 Senator from Indiana (Mr. DONNELLY) Secretary of Commerce shall be days—10 days. That is what it would is necessarily absent. brought to a close? cost. Is that a long time? Ask Gina The PRESIDING OFFICER. Are there The yeas and nays are mandatory McCarthy. She waited 132 days to get a any other Senators in the Chamber de- under the rule. vote. If you think 1,000 questions are siring to vote? The clerk will call the roll. too many to answer, ask Gina McCar- The result was announced—yeas 52, The legislative clerk called the roll. thy. She answered a lot more. Finally, nays 46, as follows: Mr. CORNYN. The following Senators the Republicans got their answers, and are necessarily absent: the Senator we got our vote. She won and, I think, [Rollcall Vote No. 71 Ex.] YEAS—52 from Louisiana (Mr. CASSIDY) and the did an admirable job. Senator from Arizona (Mr. MCCAIN). We need the truth. We are seeking Alexander Gardner Perdue Mr. DURBIN. I announce that the the truth. I have no interest in obstruc- Barrasso Graham Portman Blunt Senator from Indiana (Mr. DONNELLY) tion. I want the truth. Grassley Risch Boozman Hatch Roberts is necessarily absent. Vote no. Burr Heitkamp Rounds The yeas and nays resulted—yeas 66, The PRESIDING OFFICER. The Sen- Capito Heller Rubio nays 31, as follows: ator from Wyoming. Cassidy Hoeven Sasse Mr. BARRASSO. Mr. President, for Cochran Inhofe Scott [Rollcall Vote No. 72 Ex.] Corker Isakson Shelby the past 8 years, the Environmental Cornyn Johnson YEAS—66 Strange Protection Agency, through its regu- Cotton Kennedy Alexander Fischer Nelson Sullivan Crapo Lankford Barrasso Flake Paul latory rampage, has hurt a lot of peo- Thune ple in my home State of Wyoming and Cruz Lee Bennet Gardner Perdue Daines Manchin Tillis Blunt Graham Portman all across the country. The EPA’s over- Enzi McConnell Toomey Boozman Grassley Risch reaching regulations have stunted job Ernst Moran Wicker Burr Hassan Roberts growth, hurt our economy, and failed Fischer Murkowski Young Capito Hatch Rounds Flake Paul Carper Heitkamp Rubio to help the Agency meet its mission. Cochran Heller Sasse The mission is to protect the environ- NAYS—46 Collins Hoeven Schatz ment and the health of all Americans. Baldwin Gillibrand Peters Coons Inhofe Scott The EPA needs to be reformed and Bennet Harris Reed Corker Isakson Shaheen Blumenthal Hassan Sanders Cornyn Johnson Shelby modernized. Cortez Masto Kaine Strange Oklahoma attorney general Scott Booker Heinrich Schatz Brown Hirono Schumer Cotton Kennedy Sullivan Crapo Pruitt is the right person for the job. Cantwell Kaine Shaheen King Tester Cruz Klobuchar Thune Mr. Pruitt is committed to protecting Cardin King Stabenow Daines Lankford Tillis the environment, ensuring clean air, Carper Klobuchar Tester Casey Leahy Duckworth Lee Toomey Udall water, and land while also supporting a Collins Markey Enzi McConnell Warner Van Hollen strong and healthy economy. He stood Coons McCaskill Ernst Moran Wicker Warner up to industry that polluted his State’s Cortez Masto Menendez Feinstein Murkowski Young Duckworth Merkley Warren air and water. Durbin Murphy Whitehouse NAYS—31 He has received bipartisan support Feinstein Murray Wyden Baldwin Booker Cantwell from Senators in this body, from State Franken Nelson Blumenthal Brown Cardin

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.242 S16FEPT2 S1392 CONGRESSIONAL RECORD — SENATE February 17, 2017 Casey Markey Schumer Dorothy Vaughn, and Katherine G. The museum tells the stories of other Durbin McCaskill Stabenow Johnson. prominent men and women, including Franken Menendez Udall Gillibrand Merkley Van Hollen America’s history is filled with the Martin Luther King and Coretta Scott Harris Murphy Warren stories of men and women whose con- King; Malcolm X; Thurgood Marshall, Heinrich Murray Whitehouse tributions have been minimized or the first African-American Justice of Hirono Peters Wyden Leahy Reed overlooked entirely for the same rea- the U.S. Supreme Court; Congressman Manchin Sanders son the ‘‘Hidden Figures’’ of NASA re- JOHN LEWIS, my friend, an icon of the NOT VOTING—3 mained unknown for so long—because civil rights movement; and Shirley our Nation’s tortured history with race Chisholm, the first African-American Cassidy Donnelly McCain blinded us to large parts of our own na- woman ever elected to Congress—in The PRESIDING OFFICER. On this tional story. 1968. Some of the best advice I have vote, the yeas are 66, the nays are 31. Ninety years ago, an historian and ever heard about making a difference The motion is agreed to. scholar by the name of Carter G. Wood- came from Shirley Chisholm. She said, f son suggested a way to overcome this ‘‘If they don’t give you a seat at the historical myopia. Dr. Woodson and EXECUTIVE CALENDAR table, bring a folding chair.’’ I think other prominent African Americans Shirley Chisholm would have loved to The PRESIDING OFFICER. The proposed that 1 week each February be see the way the women of America are clerk will report the nomination. designated Black History Week. making their voices heard today and The legislative clerk read the nomi- This is the first Black History Month changing the debate in this country. nation of Wilbur L. Ross, Jr., of Flor- since the opening last fall of the The new African-American History ida, to be Secretary of Commerce. Smithsonian Museum of African Amer- Museum and Black History Month give The PRESIDING OFFICER. The ma- ican History and Culture on the Na- us a fuller, truer picture of our past. jority whip. tional Mall in Washington, DC. This re- They also give us hope and guidance f markable new museum represents for today. Here are just a few quick ex- America’s first official attempt to tell amples of what I mean. LEGISLATIVE SESSION the African-American story. In the not Ida B. Wells, born into slavery in quite 5 months since the museum 1862, was a journalist, activist, and MORNING BUSINESS opened, more than 900,000 people have feminist who led an antilynching cru- visited. My wife and I toured the mu- sade in the 1890s, speaking throughout Mr. CORNYN. Mr. President, I ask seum over the Thanksgiving holiday. the United States and Europe. She re- unanimous consent that the Senate be We spent hours there—what a moving minds us that brave journalists, armed in a period of morning business, with experience. with the First Amendment, can shine a Senators permitted to speak therein The history of African Americans is a light on wrongdoing and change his- for up to 10 minutes each. story that stretches back 600 years. It tory. The PRESIDING OFFICER. Without is a story of brutal subjugation, racial Garrett Morgan had only a sixth- objection, it is so ordered. violence, and discrimination. It is also grade education, but he also had a nat- f story of a resilient people who survived ural mechanical genius and an entre- those horrors and created a rich and vi- preneurial bent. In 1914, he invented a BLACK HISTORY MONTH brant culture and who have enriched ‘‘safety hood’’ that protected wearers Mr. DURBIN. Mr. President, ‘‘Hidden our Nation by their contributions in from smoke, gases and other pollut- Figures’’ has been lodged at the top of every walk of life. ants. It became the prototype in World the box office charts for 2 months In a speech a few months ago, then- War I for gas masks and for the breath- now—and with good reason. ‘‘Hidden First Lady Michelle Obama alluded to ing devices that firefighters wear Figures’’ tells the fascinating, true the vast and inspiring sweep of that today. His inventions have saved un- story of three mathematicians who history when she said, ‘‘I wake up told millions of lives. worked as ‘‘human computers’’ at every morning in a house that was While some argue that we should cut NASA in the early years of America’s built by slaves and I watch my daugh- funding to public schools that serve manned space program. ters—two beautiful, intelligent, black low-income children, Garrett Morris Their job involved double-checking young women—playing with their dogs reminds us that American genius and the accuracy of intricate calculations on the White House lawn.’’ It was a ingenuity isn’t limited by race, or gen- made by NASA’s computers. And they simple but powerful image that cap- der, or family income. Our future pros- carried the weight of awesome respon- tured how far we have come on ques- perity depends on our willingness to in- sibility. Fifty-five years ago this week, tions of race since our founding. vest in the potential all of America’s their calculations helped launch Lt. As America’s 44th President, Barack children. Col. John Glenn into the heavens and Obama grappled honestly with complex Finally, A. Philip Randolph orga- return him safely after he had orbited challenges facing America and the nized and led the Brotherhood of Sleep- the Earth three times. world and delivered solutions that has ing Car Porters, the first predomi- Coming in the midst of cold war ten- improved the lives of millions. He and nantly African-American labor union. sions and the real fear that the Soviet Michelle served our Nation with un- In 1941, he was part of a group that con- Union was winning the space race, that common dignity, wisdom, and compas- vinced President Roosevelt to ban dis- historic flight was a source of intense sion. I am proud to call them both crimination in the defense industries pride and relief to Americans. It made friends. during World War II. In 1948, that same John Glenn a national hero and an The Obamas’ story is just one of the group persuaded President Truman to international symbol of American in- stories told in the new African-Amer- issue an Executive order ending seg- genuity and ambition. ican History Museum. Other famous regation in America’s Armed Services. But the brains behind that flight re- African Americans are featured as well, And in 1963, A. Philip Randolph helped mained largely unknown—until now. from Crispus Attucks, the first patriot led the March on Washington. If you Why? It is because those formidable to give his life in the American Revolu- want to know how to raise the wages of mathematicians—those ‘‘human com- tion; to the great abolitionists and working people and mobilize ordinary puters’’—were three African-American women’s suffrage champions, Frederick Americans to create a more perfect women. They served this Nation at a Douglass, Sojourner Truth, and Harriet union, study the life of A. Philip Ran- time when racial segregation was the Tubman; from Jesse Owens, who won dolph. law of the land and gender-based dis- four gold medals at the 1936 Olympics Black History Month actually start- crimination was almost as common as in Berlin and singlehandedly shattered ed as Black History Week 90 years ago. air. the racist myth of Aryan superiority; The choice of the week had special sig- As America marks Black History to the Tuskegee Airmen, who helped nificance; it included the birthdays of Month, this month seems a good time democracy defeat fascist tyranny in both Abraham Lincoln and the mighty to say thank you to Mary Jackson, World War II. abolitionist, Frederick Douglass.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.062 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1393 President Lincoln once predicted move to Detroit and instead got a job ronmental cleanup at Hanford, to that, if history remembered him for with Battelle, a company that had re- charting out a future vision for the anything, it would be for issuing the cently won a contract to operate a re- Tri-Cities that looks past cleanup oper- Emancipation Proclamation. With that search and development lab—now ations to preserving history through great promissory note of freedom, PNNL—at Hanford in 1965. One could designating the B Reactor as a Na- President Lincoln declared that the 3 say that Mr. Petersen got in on the tional Historic Landmark and the Man- million persons living in bondage in ground floor at PNNL when its sci- hattan Project National Historical the rebellious states ‘‘shall be then, entists were providing critical support Park, to growing the workforce safety thenceforward, and forever free.’’ to win the cold war. mission at the Volpentest Hazardous The Emancipation Proclamation While at Battelle, Mr. Petersen Materials Management and Emergency marked a turning point in America’s worked in communications and was the Response Federal Training Center, and Civil War; it transformed the fight to manager of the news service. One of his to seeking out new, emerging opportu- preserve the Union into something chief responsibilities was to give tours nities like small modular reactors. even larger and nobler: a battle for of the Hanford site to new employees, Through it all, he has remained as human freedom. elected officials and dignitaries, and committed as they come. Last October, But without Frederick Douglass, the later, foreign visitors. Congresswoman when I had the good fortune to get one ‘‘Great Agitator,’’ there might never Catherine May, the first woman elected more tour with Mr. Petersen at the have been a ‘‘Great Emancipator.’’ to Congress from Washington State, Hanford site, I saw that he still carried Frederick Douglass was one of the was the first Member of Congress Mr. the same enthusiasm and pride for his best-known men in America. He was a Petersen gave a tour to, but she was work as what I had seen in him on my powerful and respected speaker and certainly not the last. Senator WARREN very first tour years ago. journalist. He criticized Lincoln fre- MAGNUSON, Speaker Tom Foley, and I, Mr. Petersen has been critical to my quently and publicly for what he to name a few others, have all criss- work in the Senate and has made a tre- viewed as the President’s timidity in crossed the Hanford site with Mr. Pe- mendous impact on the Tri-Cities com- denouncing slavery. But rather than tersen. He even helped with President munity, Washington State, and our Na- denouncing Douglass, Abraham Lin- Richard Nixon’s visit. By now, Mr. Pe- tion. Today I join with others through- coln sought his counsel, and their re- tersen has probably given thousands of out the State of Washington in thank- spectful relationship changed history. tours of Hanford, and many, including ing him for his many years of service. Without Frederick Douglass’s prod- myself, have heard the stories from I congratulate Mr. Petersen on his re- ding, Lincoln might not have issued years past, from bumping into the tirement and wish him and his wife, the Emancipation Proclamation. Lin- woman who he would later marry dur- Margaret, the best of luck as they coln might not have agreed to allow ing a tour, to the alligators, to bring- write their next chapter.∑ ing moon rocks from the Apollo 11 mis- free men of color to serve in the U.S. f Army. Without Frederick Douglass, it sion to Hanford for public display. might have been harder for Lincoln to Mr. Petersen’s work with nuclear MESSAGE FROM THE HOUSE see that the Civil War could not end management began in 1974 for Westing- At 10:01 a.m., a message from the until slavery had ended, that only ‘‘a house on the construction, start-up, House of Representatives, delivered by new birth of freedom’’ could redeem and operation of the Fast Flux Test Mrs. Cole, one of its reading clerks, an- the carnage of Civil War. Reactor and then the Washington Pub- nounced that the House has passed the The relationship between Abraham lic Power Supply System, which is now following joint resolutions, in which it Lincoln and Frederick Douglass shows Energy Northwest. After spending requests the concurrence of the Senate: some time on the International Nu- us the good that can be achieved when H.J. Res. 43. Joint resolution providing for patriotic citizens dare to speak truth clear Safety Program through the U.S. congressional disapproval under chapter 8 of to power and leaders are secure enough Departments of Energy and State, Mr. title 5, United States Code, of the final rule to listen. That is a lesson worth pon- Petersen returned to Battelle as the di- submitted by Secretary of Health and dering during this Black History rector of communications and adminis- Human Services relating to compliance with Month and beyond. tration at PNNL in the late 1980s. title X requirements by project recipients in When he retired from Battelle in 2002, selecting subrecipients. f Mr. Petersen was quickly recruited by H.J. Res. 69. Joint resolution providing for ADDITIONAL STATEMENTS Sam Volpentest to help him at the Tri- congressional disapproval under chapter 8 of Cities Washington Economic Develop- title 5, United States Code, of the final rule of the Department of the Interior relating to ment Council in a part-time, volunteer TRIBUTE TO GARY PETERSEN ‘‘Non-Subsistence Take of Wildlife, and Pub- capacity to travel to Washington, DC, lic Participation and Closure Procedures, on ∑ Mrs. MURRAY. Mr. President, today to secure funding to support Hanford National Wildlife Refuges in Alaska’’. I wish to pay tribute to a close friend, and PNNL. This part-time job quickly The message also announced that ally, and devoted public servant as became a full-time job, and Mr. Peter- pursuant to 22 U.S.C. 3003, and the Gary Petersen retires from a more sen has been advocating on behalf of order of the House of January 3, 2017, than 50-year career in support of our the Tri-Cities ever since. Since my the Speaker appoints the following national security, environmental first days in the Senate, I have worked Members of the House of Representa- cleanup, and furthering the ever-chang- with Mr. Petersen, and he has been a tives to the Commission on Security ing missions of the Hanford Nuclear key ally during many a funding battle. and Cooperation in Europe: Ms. JACK- Reservation and Pacific Northwest Na- He knows the budget as well as any SON LEE of Texas and Ms. MOORE of tional Laboratory, PNNL, in my home staff member on the Appropriations Wisconsin. State of Washington. Committee, and this isn’t just limited A graduate of Omak High School in to nuclear waste cleanup, but also in- f Okanogan County, Mr. Petersen first cludes research and development capa- EXECUTIVE AND OTHER came to what is now known as the Tri- bilities that support the PNNL mis- COMMUNICATIONS Cities in January 1960 as a servicemem- sion, transportation, agriculture, and The following communications were ber stationed with the Nike Ajax mis- so much more. sile site at the top of Rattlesnake It is clear to me that Washington laid before the Senate, together with Mountain. After a duty station trans- State has benefited greatly from Mr. accompanying papers, reports, and doc- fer to Korea, he came home to Wash- Petersen’s vision and passion for shar- uments, and were referred as indicated: ington and attended Washington State ing what the Tri-Cities community, its EC–725. A communication from the Direc- University. With a communications de- workforce, the Hanford site, and PNNL tor of the Regulatory Management Division, Environmental Protection Agency, transmit- gree in hand, Mr. Petersen had a job have to offer. I have seen this firsthand ting, pursuant to law, the report of a rule en- lined up with Ford Motor Company in at home and here in the other Wash- titled ‘‘Delay of Effective Date for 31 Final 1965, but in a great stroke of luck for ington. His work is evident in the Regulations Published by the Environmental Washington State, he chose not to progress that has been made on envi- Protection Agency between October 28, 2016

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.240 S16FEPT2 S1394 CONGRESSIONAL RECORD — SENATE February 17, 2017 and January 17, 2017’’ (FRL No. 9958–87–OP) Operations — Civil Penalties Inflation Ad- Nationwide Permits’’ (RIN0710–AA73) re- received in the Office of the President of the justments’’ (RIN1004–AE46) received in the ceived in the office of the President of the Senate on February 14, 2017; to the Commit- Office of the President of the Senate on Feb- Senate on February 14, 2017; to the Com- tees on Agriculture, Nutrition, and Forestry; ruary 14, 2017; to the Committee on Energy mittee on Environment and Public Works. and Environment and Public Works. and Natural Resources. EC–744. A communication from the Direc- EC–726. A communication from the Direc- EC–735. A communication from the Regu- tor of the Regulatory Management Division, tor of the Regulatory Management Division, latory Affairs Specialist, Bureau of Ocean Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- Energy Management, Department of the In- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- terior, transmitting, pursuant to law, the re- titled ‘‘Findings of Failure to Submit State titled ‘‘Propamocarb; Pesticide Tolerance’’ port of a rule entitled ‘‘Leasing of Sulfur or Implementation Plan Submittals for the 2008 (FRL No. 9957–68) received in the Office of Oil and Gas in the Outer Continental Shelf’’ Ozone National Ambient Air Quality Stand- the President of the Senate on February 14, (RIN1010–AD06) received in the Office of the ards (NAAQS)’’ (FRL No. 9958–70–OAR) re- 2017; to the Committee on Agriculture, Nu- President of the Senate on February 15, 2017; ceived in the Office of the President of the trition, and Forestry. to the Committee on Energy and Natural Re- Senate on February 14, 2017; to the Com- EC–727. A communication from the Direc- sources. mittee on Environment and Public Works. tor of the Regulatory Management Division, EC–736. A communication from the Assist- EC–745. A communication from the Direc- Environmental Protection Agency, transmit- ant General Counsel for Legislation, Regula- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- tion and Energy Efficiency, Department of Environmental Protection Agency, transmit- titled ‘‘Hexythiazox; Pesticide Tolerances’’ Energy, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- titled ‘‘Approval of Air Quality State Imple- (FRL No. 9957–22) received in the Office of report of a rule entitled ‘‘Energy Conserva- mentation Plans; Nevada; Infrastructure Re- the President of the Senate on February 14, tion Program: Test Procedures for Walk-in quirements to Address Interstate Transport 2017; to the Committee on Agriculture, Nu- Coolers and Walk-in Freezers’’ (RIN1904– for the 2008 Ozone NAAQS’’ (FRL No. 9958–82– trition, and Forestry. AD72) received in the Office of the President Region 9) received in the Office of the Presi- EC–728. A communication from the Sec- of Senate on February 14, 2017; to the Com- dent of the Senate on February 14, 2017; to retary of Defense, transmitting the with- mittee on Energy and Natural Resources. the Committee on Environment and Public drawal of a previous certification of satisfac- EC–737. A communication from the Assist- Works. tory service for a retired officer; to the Com- ant General Counsel for Legislation, Regula- EC–746. A communication from the Direc- mittee on Armed Services. tion and Energy Efficiency, Department of tor of the Regulatory Management Division, EC–729. A communication from the Pro- Energy, transmitting, pursuant to law, the Environmental Protection Agency, transmit- gram Specialist of the Legislative and Regu- report of a rule entitled ‘‘Procedural Rules ting, pursuant to law, the report of a rule en- latory Activities Division, Office of the for DOE Nuclear Activities’’ (RIN1992–AA52) titled ‘‘Approval and Promulgation of State Comptroller of the Currency, Department of received in the Office of the President of Implementation Plans; Interstate Transport the Treasury, transmitting, pursuant to law, Senate on February 14, 2017; to the Com- for Utah’’ (FRL No. 9959–18–Region 8) re- the report of a rule entitled ‘‘Rules of Prac- mittee on Energy and Natural Resources. ceived in the Office of the President of the tice and Procedure; Rules of Practice and EC–738. A communication from the Assist- Senate on February 14, 2017; to the Com- Procedure in Adjudicatory Proceedings; Civil ant General Counsel for Legislation, Regula- mittee on Environment and Public Works. Money Penalty Inflation Adjustments’’ tion and Energy Efficiency, Department of EC–747. A communication from the Direc- (RIN1557–AE14) received in the Office of the Energy, transmitting, pursuant to law, the tor of the Regulatory Management Division, President of the Senate on February 14, 2017; report of a rule entitled ‘‘Energy Conserva- Environmental Protection Agency, transmit- to the Committee on Banking, Housing, and tion Program: Energy Conservation Stand- ting, pursuant to law, the report of a rule en- Urban Affairs. ards for Ceiling Fans’’ (RIN1904–AD28) re- titled ‘‘Approval and Disapproval and Pro- EC–730. A communication from the Assist- ceived in the Office of the President of Sen- mulgation of Air Quality Implementation ant General Counsel for Legislation, Regula- ate on February 14, 2017; to the Committee Plans; Interstate Transport for Wyoming’’ tion and Energy Efficiency, Department of on Energy and Natural Resources. (FRL No. 9959–15–Region 8) received in the Energy, transmitting, pursuant to law, the EC–739. A communication from the Assist- Office of the President of the Senate on Feb- report of a rule entitled ‘‘Energy Conserva- ant General Counsel for Legislation, Regula- ruary 14, 2017; to the Committee on Environ- tion Program: Test Procedures for Central tion and Energy Efficiency, Department of ment and Public Works. Air Conditioners and Heat Pumps’’ (RIN1904– Energy, transmitting, pursuant to law, the EC–748. A communication from the Direc- AD71) received in the Office of the President report of a rule entitled ‘‘Energy Conserva- tor of the Regulatory Management Division, of Senate on February 14, 2017; to the Com- tion Program: Test Procedures for Ceiling Environmental Protection Agency, transmit- mittee on Energy and Natural Resources. Fans’’ (RIN1904–AD26) received in the Office ting, pursuant to law, the report of a rule en- EC–731. A communication from the Assist- of the President of Senate on February 14, titled ‘‘Uniform National Discharge Stand- ant General Counsel for Legislation, Regula- 2017; to the Committee on Energy and Nat- ards for Vessels of the Armed Forces - Phase tion and Energy Efficiency, Department of ural Resources. II Batch One: Delay of Effective Date’’ (FRL Energy, transmitting, pursuant to law, the EC–740. A communication from the Chief of No. 9958–30–OW) received in the Office of the report of a rule entitled ‘‘Energy Conserva- the Regulations and Standards Branch, Bu- President of the Senate on February 14, 2017; tion Program: Test Procedures for Compres- reau of Safety and Environmental Enforce- to the Committee on Environment and Pub- sors’’ (RIN1904–AD43) received during ad- ment, Department of the Interior, transmit- lic Works. journment of the Senate in the Office of the ting, pursuant to law, the report of a rule en- EC–749. A communication from the Chief of President of Senate on February 14, 2017; to titled ‘‘Civil Penalty Inflation Adjustment’’ the Publications and Regulations Branch, In- ternal Revenue Service, Department of the the Committee on Energy and Natural Re- (RIN1014–AA34) received in the Office of the Treasury, transmitting, pursuant to law, the sources. President of the Senate on February 14, 2017; report of a rule entitled ‘‘Changes to Rev. EC–732. A communication from the Acting to the Committee on Energy and Natural Re- Proc. 2010–46’’ (Rev. Proc. 2017–22) received in Assistant Secretary for Land and Minerals sources. the Office of the President of the Senate on Management, Bureau of Ocean Energy Man- EC–741. A communication from the Chief of February 14, 2017; to the Committee on Fi- agement, Department of the Interior, trans- the Regulations and Standards Branch, Bu- nance. mitting, pursuant to law, the report of a rule reau of Safety and Environmental Enforce- EC–750. A communication from the Chief of entitled ‘‘Oil and Gas and Sulphur Oper- ment, Department of the Interior, transmit- the Publications and Regulations Branch, In- ations in the Outer Continental Shelf-Civil ting, pursuant to law, the report of a rule en- ternal Revenue Service, Department of the Penalties Inflation Adjustments’’ (RIN1010– titled ‘‘Civil Penalty Inflation Adjustment’’ Treasury, transmitting, pursuant to law, the AD95) received in the Office of the President (RIN1014–AA34) received in the Office of the report of a rule entitled ‘‘Extension of Due of the Senate on February 14, 2017; to the President of the Senate on February 14, 2017; Date for 2016 Health Coverage Tax Credit Committee on Energy and Natural Re- to the Committee on Energy and Natural Re- (HCTC) Election’’ (Notice 2017–16) received in sources. sources. the Office of the President of the Senate on EC–733. A communication from the Acting EC–742. A communication from the Acting February 14, 2017; to the Committee on Fi- Assistant Secretary for Fish and Wildlife and Director, Office of Surface Mining Reclama- nance. Parks, National Park Service, Department of tion and Enforcement, Department of the In- EC–751. A communication from the Chief of the Interior, transmitting, pursuant to law, terior, transmitting, pursuant to law, the re- the Publications and Regulations Branch, In- the report of a rule entitled ‘‘Civil Penalties port of a rule entitled ‘‘Civil Monetary Pen- ternal Revenue Service, Department of the Inflation Adjustment’’ (RIN1024–AE37) re- alty Inflation Adjustments’’ ((RIN1029–AC74) Treasury, transmitting, pursuant to law, the ceived in the Office of the President of the (Docket ID OSM–2016–0015)) received in the report of a rule entitled ‘‘Income from Dis- Senate on February 14, 2017; to the Com- Office of the President of the Senate on Feb- charge of Indebtedness’’ (Rev. Proc. 2017–24) mittee on Energy and Natural Resources. ruary 14, 2017; to the Committee on Energy received in the Office of the President of the EC–734. A communication from the Divi- and Natural Resources. Senate on February 14, 2017; to the Com- sion Chief of Regulatory Affairs, Bureau of EC–743. A communication from the Direc- mittee on Finance. Land Management, Department of the Inte- tor of Civil Works, Department of the Army, EC–752. A communication from the Chief of rior, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of the Publications and Regulations Branch, In- port of a rule entitled ‘‘Onshore Oil and Gas a rule entitled ‘‘Issuance and Reissuance of ternal Revenue Service, Department of the

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.056 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1395 Treasury, transmitting, pursuant to law, the EC–764. A communication from the Acting mittee on Health, Education, Labor, and report of a rule entitled ‘‘Revenue Proce- Assistant Secretary, Legislative Affairs, De- Pensions. dure: Management Contracts Safe Harbors’’ partment of State, transmitting, pursuant to EC–775. A communication from the Attor- (Rev. Proc. 2017–13) received in the Office of law, a report relative to section 36(c) of the ney-Advisor, Department of Homeland Secu- the President of the Senate on February 14, Arms Export Control Act (DDTC 16–119); to rity, transmitting, pursuant to law, the re- 2017; to the Committee on Finance. the Committee on Foreign Relations. port of a rule entitled ‘‘Civil Monetary Pen- EC–753. A communication from the Chief of EC–765. A communication from the Acting alty Adjustments for Inflation’’ (RIN1601– the Publications and Regulations Branch, In- Assistant Secretary, Legislative Affairs, De- AA80) received in the Office of the President ternal Revenue Service, Department of the partment of State, transmitting, pursuant to of the Senate on February 14, 2017; to the Treasury, transmitting, pursuant to law, the law, a report relative to section 36(d) of the Committee on Homeland Security and Gov- report of a rule entitled ‘‘Certain Transfers Arms Export Control Act (DDTC 16–109); to ernmental Affairs. of Property to Regulated Investment Compa- the Committee on Foreign Relations. EC–776. A communication from the Direc- nies (RICS) and Real Estate Investment EC–766. A communication from the Acting tor, Office of Management, Department of Trusts (REITs)’’ ((RIN1535–BN06) (TD 9810)) Assistant Secretary, Legislative Affairs, De- Energy, transmitting, pursuant to law, a re- received in the Office of the President of the partment of State, transmitting, pursuant to port relative to the Department’s 2012 list of Senate on February 14, 2017; to the Com- law, a report relative to section 36(c) of the Government activities determined to be in- mittee on Finance. Arms Export Control Act (DDTC 16–116); to herently governmental and those to be not EC–754. A communication from the Chief of the Committee on Foreign Relations. inherently governmental in nature and the the Publications and Regulations Branch, In- EC–767. A communication from the Acting Uniform Resource Locator (URL) for the re- ternal Revenue Service, Department of the Assistant Secretary, Legislative Affairs, De- port; to the Committee on Homeland Secu- Treasury, transmitting, pursuant to law, the partment of State, transmitting, pursuant to rity and Governmental Affairs. report of a rule entitled ‘‘Guidance for Deter- law, a report relative to section 36(c) of the EC–777. A communication from the Execu- mining Stock Ownership; Rules Regarding Arms Export Control Act (DDTC 16–115); to tive Director, National Mining Hall of Fame Inversions and Related Transactions’’ the Committee on Foreign Relations. and Museum, transmitting, pursuant to law, ((RIN1545–BL00 and RIN1545–BM45) (TD 9812)) EC–768. A communication from the Acting the Museum’s 2015 annual report and finan- received in the Office of the President of the Assistant Secretary, Legislative Affairs, De- cial audit; to the Committee on the Judici- Senate on February 14, 2017; to the Com- partment of State, transmitting, pursuant to ary. mittee on Finance. law, a report relative to section 36(c) of the EC–778. A communication from the Sec- EC–755. A communication from the Chief of Arms Export Control Act (DDTC 16–108); to retary of the Commission, Bureau of Com- the Publications and Regulations Branch, In- the Committee on Foreign Relations. petition, Federal Trade Commission, trans- ternal Revenue Service, Department of the EC–769. A communication from the Assist- mitting, pursuant to law, the report of a rule Treasury, transmitting, pursuant to law, the ant Legal Adviser for Treaty Affairs, Depart- entitled ‘‘Revised Jurisdictional Thresholds report of a rule entitled ‘‘Qualifying Income ment of State, transmitting, pursuant to the for Section 8 of the Clayton Act’’ received in from Activities of Publicly Traded Partner- Case-Zablocki Act, 1 U.S.C. 112b, as amended, the Office of the President of the Senate on ships With Respect to Minerals or Natural the report of the texts and background state- February 16, 2017; to the Committee on the Resources’’ ((RIN1545–BM43) (TD 9817)) re- ments of international agreements, other Judiciary. ceived in the Office of the President of the than treaties (List 2017–0004 - 2017–0012); to EC–779. A communication from the Sec- Senate on February 14, 2017; to the Com- the Committee on Foreign Relations. retary, Judicial Conference of the United mittee on Finance. EC–770. A communication from the Assist- States, transmitting, pursuant to law, a re- EC–756. A communication from the Assist- ant General Counsel for Regulatory Services, port entitled ‘‘Report of the Proceedings of ant Secretary, Legislative Affairs, Depart- Office of General Counsel, Department of the Judicial Conference of the United ment of State, transmitting, pursuant to Education, transmitting, pursuant to law, States’’ for the September 2016 session; to law, a report relative to section 36(c) of the the report of a rule entitled ‘‘Family Edu- the Committee on the Judiciary. Arms Export Control Act (DDTC 15–140); to cational Rights and Privacy Act’’ (34 CFR EC–780. A communication from the Deputy the Committee on Foreign Relations. Part 99) received in the Office of the Presi- Assistant Administrator for Regulatory Pro- EC–757. A communication from the Acting dent of the Senate on February 14, 2017; to grams, Office of Sustainable Fisheries, De- Assistant Secretary, Legislative Affairs, De- the Committee on Health, Education, Labor, partment of Commerce, transmitting, pursu- partment of State, transmitting, pursuant to and Pensions. ant to law, the report of a rule entitled law, a report relative to section 36(d) of the EC–771. A communication from the General ‘‘Fisheries of the Northeastern United Arms Export Control Act (DDTC 16–079); to Counsel, National Mediation Board, trans- States; Blueline Tilefish Fishery; Secretarial the Committee on Foreign Relations. mitting, pursuant to law, the report of a rule Interim Action’’ (RIN0648–BG07) received in EC–758. A communication from the Acting entitled ‘‘Access to Information’’ (RIN3140– the Office of the President of the Senate on Assistant Secretary, Legislative Affairs, De- AA00) received in the Office of the President February 14, 2017; to the Committee on Com- partment of State, transmitting, pursuant to of the Senate on February 14, 2017; to the merce, Science, and Transportation. law, a report relative to section 36(c) of the Committee on Health, Education, Labor, and EC–781. A communication from the Deputy Arms Export Control Act (DDTC 16–084); to Pensions. Assistant Administrator for Regulatory Pro- the Committee on Foreign Relations. EC–772. A communication from the Acting grams, Office of Sustainable Fisheries, De- EC–759. A communication from the Acting Assistant Secretary for Legislation, Depart- partment of Commerce, transmitting, pursu- Assistant Secretary, Legislative Affairs, De- ment of Health and Human Services, trans- ant to law, the report of a rule entitled partment of State, transmitting, pursuant to mitting, pursuant to law, the Performance ‘‘Fisheries of the Caribbean, Gulf of Mexico, law, a report relative to section 36(c) of the Report for fiscal year 2016 for the Generic and South Atlantic; Reef Fish Fishery of the Arms Export Control Act (DDTC 16–096); to Drug User Fee Amendments; to the Com- Gulf of Mexico; Red Grouper Management the Committee on Foreign Relations. mittee on Health, Education, Labor, and Measures’’ (RIN0648–BG12) received in the Of- EC–760. A communication from the Acting Pensions. fice of the President of the Senate on Feb- Assistant Secretary, Legislative Affairs, De- EC–773. A communication from the Assist- ruary 14, 2017; to the Committee on Com- partment of State, transmitting, pursuant to ant General Counsel for Regulatory Services, merce, Science, and Transportation. law, a report relative to section 36(c) of the Office of General Counsel, Department of EC–782. A communication from the Direc- Arms Export Control Act (DDTC 16–101); to Education, transmitting, pursuant to law, tor, Office of Sustainable Fisheries, Depart- the Committee on Foreign Relations. the report of a rule entitled ‘‘Final regula- ment of Commerce, transmitting, pursuant EC–761. A communication from the Acting tion; delay of effective dates: Elementary to law, the report of a rule entitled ‘‘Fish- Assistant Secretary, Legislative Affairs, De- and Secondary Education Act of 1965, as eries of the Exclusive Economic Zone Off partment of State, transmitting, pursuant to Amended by the Every Student Succeeds Alaska; Reallocation of Pacific Cod in the law, a report relative to section 36(c) and Act—Accountability and State Plans; Open Bering Sea and Aleutian Islands Manage- 36(d) of the Arms Export Control Act (DDTC Licensing Requirement for Competitive ment Area’’ (RIN0648–XF109) received in the 16–104); to the Committee on Foreign Rela- Grant Programs; Family Educational Rights Office of the President of the Senate on Feb- tions. and Privacy Act’’ (RIN1810–AB27 and ruary 14, 2017; to the Committee on Com- EC–762. A communication from the Acting RIN1894–AA07) received in the Office of the merce, Science, and Transportation. Assistant Secretary, Legislative Affairs, De- President of the Senate on February 14, 2017; EC–783. A communication from the Direc- partment of State, transmitting, pursuant to to the Committee on Health, Education, tor, Office of Sustainable Fisheries, Depart- law, a report relative to section 36(c) of the Labor, and Pensions. ment of Commerce, transmitting, pursuant Arms Export Control Act (DDTC 16–133); to EC–774. A communication from the Regula- to law, the report of a rule entitled ‘‘Fish- the Committee on Foreign Relations. tions Coordinator, Division of Grants, De- eries of the Exclusive Economic Zone Off EC–763. A communication from the Acting partment of Health and Human Services, Alaska; Shortraker Rockfish in the Central Assistant Secretary, Legislative Affairs, De- transmitting, pursuant to law, the report of Regulatory Area of the Gulf of Alaska’’ partment of State, transmitting, pursuant to a rule entitled ‘‘Annual Civil Monetary Pen- (RIN0648–XE897) received in the Office of the law, a report relative to section 36(c) of the alties Inflation Adjustment’’ (RIN0991–AC0) President of the Senate on February 14, 2017; Arms Export Control Act (DDTC 16–127); to received in the Office of the President of the to the Committee on Commerce, Science, the Committee on Foreign Relations. Senate on February 14, 2017; to the Com- and Transportation.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.058 S16FEPT2 S1396 CONGRESSIONAL RECORD — SENATE February 17, 2017 EC–784. A communication from the Direc- partment of Commerce, transmitting, pursu- ‘‘Fisheries of the Northeastern United tor, Office of Sustainable Fisheries, Depart- ant to law, the report of a rule entitled States; Summer Flounder Fishery; Quota ment of Commerce, transmitting, pursuant ‘‘Snapper-Grouper Fishery of the South At- Transfer’’ (RIN0648–XF061) received in the to law, the report of a rule entitled ‘‘Fish- lantic; 2016 Recreational Accountability Office of the President of the Senate on Feb- eries of the Exclusive Economic Zone Off Measure and Closure for South Atlantic ruary 14, 2017; to the Committee on Com- Alaska; Reallocation of Pacific Cod in the Greater Amberjack’’ (RIN0648–XF045) re- merce, Science, and Transportation. Central Regulatory Area of the Gulf of Alas- ceived in the Office of the President of the EC–801. A communication from the Chair- ka’’ (RIN0648–XF103) received in the Office of Senate on February 15, 2017; to the Com- man of the Office of Proceedings, Surface the President of the Senate on February 15, mittee on Commerce, Science, and Transpor- Transportation Board, Department of Trans- 2017; to the Committee on Commerce, tation. portation, transmitting, pursuant to law, the Science, and Transportation. EC–793. A communication from the Acting report of a rule entitled ‘‘Rules Relating to EC–785. A communication from the Acting Director, Office of Sustainable Fisheries, De- Board-Initiated Investigations’’ (RIN2140– Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- AB23) received in the Office of the President partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled of the Senate on February 14, 2017; to the ant to law, the report of a rule entitled ‘‘Fisheries of the Caribbean, Gulf of Mexico, Committee on Commerce, Science, and ‘‘Fisheries of the Exclusive Economic Zone and South Atlantic; Re-Opening of the Com- Transportation. Off Alaska; Inseason Adjustment to the 2016 mercial Sector for South Atlantic Vermilion EC–802. A communication from the Sec- Gulf of Alaska Pollock Seasonal Apportion- Snapper’’ (RIN0648–XF058) received in the Of- retary of the Commission, Office of General ments’’ (RIN0648–XE958) received in the Of- fice of the President of the Senate on Feb- Counsel, Federal Trade Commission, trans- fice of the President of the Senate on Feb- ruary 15, 2017; to the Committee on Com- mitting, pursuant to law, the report of a rule ruary 14, 2017; to the Committee on Com- merce, Science, and Transportation. entitled ‘‘Adjustments to Civil Penalty merce, Science, and Transportation. EC–794. A communication from the Acting Amounts’’ (16 CFR Part 1) received in the Of- EC–786. A communication from the Acting Director, Office of Sustainable Fisheries, De- fice of the President of the Senate on Feb- Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- ruary 16, 2017; to the Committee on Com- partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled merce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Pa- ‘‘Fisheries of the Northeastern United EC–803. A communication from the Assist- cific Island Pelagic Fisheries; 2016 Common- States; Atlantic Herring Fishery; 2016 Man- ant General Counsel for Regulatory Affairs, wealth of the Northern Mariana Islands Big- agement Area 1B Directed Fishery Closure’’ Consumer Product Safety Commission, eye Tuna Fishery; Closure’’ (RIN0648–XE284) (RIN0648–XF044) received in the Office of the transmitting, pursuant to law, the report of received in the Office of the President of the President of the Senate on February 15, 2017; a rule entitled ‘‘Safety Standard Mandating Senate on February 14, 2017; to the Com- to the Committee on Commerce, Science, ASTM F963 for Toys’’ (Docket No. CSPC– mittee on Commerce, Science, and Transpor- and Transportation. 2017–0010) received in the Office of the Presi- tation. EC–795. A communication from the Acting dent of the Senate on February 15, 2017; to EC–787. A communication from the Acting Director, Office of Sustainable Fisheries, De- the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- Transportation. partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled EC–804. A communication from the Assist- ant to law, the report of a rule entitled ‘‘Fisheries of the Northeastern United ant Chief Counsel for Regulatory Affairs, ‘‘Fisheries of the Exclusive Economic Zone States; Atlantic Bluefish Fishery; Quota Pipeline and Hazardous Materials Safety Ad- Off Alaska; Exchange of Flatfish in the Ber- Transfers’’ (RIN0648–XE949) received in the ministration, Department of Transportation, ing Sea and Aleutian Islands Management Office of the President of the Senate on Feb- transmitting, pursuant to law, the report of Area’’ (RIN0648–XE867) received in the Office ruary 15, 2017; to the Committee on Com- a rule entitled ‘‘Pipeline Safety: Safety of of the President of the Senate on February merce, Science, and Transportation. Underground Natural Gas Storage Facili- 14, 2017; to the Committee on Commerce, EC–796. A communication from the Acting ties’’ (RIN2137–AF22) received in the Office of Science, and Transportation. Director, Office of Sustainable Fisheries, De- the President of the Senate on February 15, EC–788. A communication from the Acting partment of Commerce, transmitting, pursu- 2017; to the Committee on Commerce, Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled ‘‘At- Science, and Transportation. partment of Commerce, transmitting, pursu- lantic Highly Migratory Species; Atlantic ant to law, the report of a rule entitled Bluefin Tuna Fisheries’’ (RIN0648–XF067) re- f ‘‘Fisheries of the Exclusive Economic Zone ceived in the Office of the President of the REPORTS OF COMMITTEES Off Alaska; Groundfish by Vessels Using Senate on February 15, 2017; to the Com- Trawl Gear in the of the Gulf of Alaska’’ mittee on Commerce, Science, and Transpor- The following reports of committees (RIN0648–XF007) received in the Office of the tation. were submitted: President of the Senate on February 14, 2017; EC–797. A communication from the Acting By Mr. HOEVEN, from the Committee on to the Committee on Commerce, Science, Director, Office of Sustainable Fisheries, De- Indian Affairs, without amendment: and Transportation. partment of Commerce, transmitting, pursu- S. 63. A bill to clarify the rights of Indians EC–789. A communication from the Acting ant to law, the report of a rule entitled and Indian tribes on Indian lands under the Director, Office of Sustainable Fisheries, De- ‘‘Fisheries of the Exclusive Economic Zone National Labor Relations Act (Rept. No. 115– partment of Commerce, transmitting, pursu- Off Alaska; Inseason Adjustment to the 2016 3). ant to law, the report of a rule entitled ‘‘At- Gulf of Alaska Pollock Seasonal Apportion- lantic Highly Migratory Species; Atlantic ments’’ (RIN0648–XE958) received in the Of- f Bluefin Tuna Fisheries; 2016 General Cat- fice of the President of the Senate on Feb- INTRODUCTION OF BILLS AND egory Fishery’’ (RIN0648–XF011) received in ruary 14, 2017; to the Committee on Com- the Office of the President of the Senate on merce, Science, and Transportation. JOINT RESOLUTIONS February 14, 2017; to the Committee on Com- EC–798. A communication from the Attor- The following bills and joint resolu- merce, Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department tions were introduced, read the first EC–790. A communication from the Acting of Homeland Security, transmitting, pursu- and second times by unanimous con- Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- ‘‘Regulated Navigation Area; Portsmouth sent, and referred as indicated: ant to law, the report of a rule entitled ‘‘At- Naval Shipyard, Kittery, ME and Ports- By Mr. BLUNT (for himself and Mr. lantic Highly Migratory Species; Atlantic mouth, NH’’ ((RIN1625–AA11) (Docket No. MANCHIN): Bluefin Tuna Fisheries’’ (RIN0648–XE930) re- USCG–2016–0935)) received in the Office of the S. 438. A bill to encourage effective, vol- ceived in the Office of the President of the President of the Senate on February 15, 2017; untary investments to recruit, employ, and Senate on February 14, 2017; to the Com- to the Committee on Commerce, Science, retain men and women who have served in mittee on Commerce, Science, and Transpor- and Transportation. the United States military with annual Fed- tation. EC–799. A communication from the Attor- eral awards to employers recognizing such EC–791. A communication from the Acting ney-Advisor, U.S. Coast Guard, Department efforts, and for other purposes; to the Com- Director, Office of Sustainable Fisheries, De- of Homeland Security, transmitting, pursu- mittee on Health, Education, Labor, and partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled Pensions. ant to law, the report of a rule entitled ‘‘Safety Zone; Lower Mississippi River, By Mr. BLUNT (for himself, Ms. STABE- ‘‘Fisheries of the Exclusive Economic Zone Natchez, MS’’ ((RIN1625–AA00) (Docket No. NOW, Mr. BOOZMAN, and Mr. CASEY): Off Alaska; Exchange of Flatfish in the Ber- USCG–2016–1017)) received in the Office of the S. 439. A bill to amend part B of title IV of ing Sea and Aleutian Islands Management President of the Senate on February 14, 2017; the Social Security Act to ensure that men- Area’’ (RIN0648–XE935) received in the Office to the Committee on Commerce, Science, tal health screenings and assessments are of the President of the Senate on February and Transportation. provided to children and youth upon entry 14, 2017; to the Committee on Commerce, EC–800. A communication from the Acting into foster care; to the Committee on Fi- Science, and Transportation. Director, Office of Sustainable Fisheries, De- nance. EC–792. A communication from the Acting partment of Commerce, transmitting, pursu- By Mr. HOEVEN (for himself and Ms. Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled HEITKAMP):

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.060 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1397 S. 440. A bill to establish a procedure for S. 85 ify report dates, modify the criteria for the conveyance of certain Federal property At the request of Ms. HEITKAMP, the determinations of whether countries around the Dickinson Reservoir in the State name of the Senator from Maine (Mr. are meeting the minimum standards of North Dakota; to the Committee on En- KING) was added as a cosponsor of S. 85, for elimination of trafficking, and ergy and Natural Resources. By Mr. UDALL (for himself and Mr. a bill to amend the Internal Revenue highlight the importance of concrete HEINRICH): Code of 1986 to repeal the amendments actions by countries to eliminate traf- S. 441. A bill to designate the Organ Moun- made by the Patient Protection and ficking, and for other purposes. tains and other public land as components of Affordable Care Act which disqualify S. 379 the National Wilderness Preservation Sys- expenses for over-the-counter drugs At the request of Mr. WHITEHOUSE, tem in the State of New Mexico, and for under health savings accounts and the name of the Senator from Maine other purposes; to the Committee on Energy health flexible spending arrangements. and Natural Resources. (Mr. KING) was added as a cosponsor of By Mr. CRUZ (for himself, Mr. NELSON, S. 109 S. 379, a bill to amend title II of the So- Mr. RUBIO, Mr. PETERS, Mr. THUNE, At the request of Mr. GRASSLEY, the cial Security Act to eliminate the five Mr. UDALL, Mrs. MURRAY, and Mr. names of the Senator from South Da- month waiting period for disability in- CORNYN): kota (Mr. ROUNDS), the Senator from surance benefits under such title for in- S. 442. A bill to authorize the programs of West Virginia (Mr. MANCHIN) and the dividuals with amyotrophic lateral the National Aeronautics and Space Admin- Senator from Kansas (Mr. ROBERTS) sclerosis. istration, and for other purposes; considered and passed. were added as cosponsors of S. 109, a S. 394 bill to amend title XVIII of the Social f At the request of Mr. ROUNDS, the Security Act to provide for coverage name of the Senator from Colorado SUBMISSION OF CONCURRENT AND under the Medicare program of phar- (Mr. GARDNER) was added as a cospon- SENATE RESOLUTIONS macist services. sor of S. 394, a bill to amend chapter 44 The following concurrent resolutions S. 128 of title 18, United States Code, to pro- and Senate resolutions were read, and At the request of Mr. GRAHAM, the vide that a member of the Armed referred (or acted upon), as indicated: name of the Senator from Nevada (Mr. Forces and the spouse of that member By Mr. JOHNSON: HELLER) was added as a cosponsor of S. shall have the same rights regarding S. Res. 64. A resolution congratulating the 128, a bill to provide provisional pro- the receipt of firearms at the location Plastics Industry Association on its 80th an- tected presence to qualified individuals of any duty station of the member. niversary; to the Committee on the Judici- who came to the United States as chil- ary. S. 399 By Mr. GRASSLEY (for himself and dren. At the request of Mr. COONS, the Mr. COONS): S. 143 name of the Senator from Pennsyl- S. Res. 65. A resolution designating March At the request of Mr. CASEY, the vania (Mr. CASEY) was added as a co- 3, 2017, as ‘‘National Speech and Debate Edu- name of the Senator from Nevada (Mr. sponsor of S. 399, a bill to establish the cation Day’’; considered and agreed to. HELLER) was added as a cosponsor of S. United States Chief Manufacturing Of- By Mr. KAINE (for himself, Mr. 143, a bill to amend the Internal Rev- ficer in the Executive Office of the PORTMAN, Ms. BALDWIN, Mr. YOUNG, Mr. BENNET, Mr. BROWN, Mr. enue Code of 1986 to allow a credit President with the responsibility of de- BLUMENTHAL, Mr. BOOZMAN, Mrs. against income tax for amounts paid veloping a national manufacturing CAPITO, Mr. CASEY, Mr. COONS, Mr. by a spouse of a member of the Armed strategy to revitalize the manufac- DAINES, Mr. DONNELLY, Ms. Forces for a new State license or cer- turing sector, spur economic growth, DUCKWORTH, Mr. DURBIN, Mr. ENZI, tification required by reason of a per- and expand United States competitive- Mr. FRANKEN, Ms. HASSAN, Mr. manent change in the duty station of ness, and for other purposes. HATCH, Ms. HIRONO, Mr. ISAKSON, Mr. such member to another State. S. 410 KING, Ms. KLOBUCHAR, Mr. MANCHIN, Mr. MARKEY, Mrs. MURRAY, Mr. S. 203 At the request of Mr. CRAPO, the PETERS, Mr. THUNE, Mr. WARNER, Mr. At the request of Mr. BURR, the name name of the Senator from Idaho (Mr. WYDEN, and Mr. ROUNDS): of the Senator from Georgia (Mr. ISAK- RISCH) was added as a cosponsor of S. S. Res. 66. A resolution supporting the SON) was added as a cosponsor of S. 203, 410, a bill to amend title 38, United goals and ideals of Career and Technical a bill to reaffirm that the Environ- States Code, to authorize the transfer Education Month; considered and agreed to. mental Protection Agency may not of unused Post-9/11 Educational Assist- By Mr. HEINRICH: S. Res. 67. A resolution expressing support regulate vehicles used solely for com- ance benefits to additional dependents for health and wellness coaches and for the petition, and for other purposes. upon the death of the originally des- designation of February 13, 2017, through S. 245 ignated dependent. February 19, 2017, as ‘‘National Health and At the request of Mr. HOEVEN, the S. 411 Wellness Coach Recognition Week’’ ; consid- name of the Senator from Colorado At the request of Mr. CARDIN, the ered and agreed to. (Mr. GARDNER) was added as a cospon- name of the Senator from California f sor of S. 245, a bill to amend the Indian (Mrs. FEINSTEIN) was added as a co- ADDITIONAL COSPONSORS Tribal Energy Development and Self sponsor of S. 411, a bill to eliminate ra- S. 21 Determination Act of 2005, and for cial, religious, and other discrimina- At the request of Mr. PAUL, the name other purposes. tory profiling by law enforcement, and of the Senator from Georgia (Mr. ISAK- S. 294 for other purposes. SON) was added as a cosponsor of S. 21, At the request of Mr. NELSON, the S. 420 a bill to amend chapter 8 of title 5, name of the Senator from Georgia (Mr. At the request of Mr. RUBIO, the United States Code, to provide that PERDUE) was added as a cosponsor of S. name of the Senator from Indiana (Mr. major rules of the executive branch 294, a bill to amend the Federal Food, YOUNG) was added as a cosponsor of S. shall have no force or effect unless a Drug, and Cosmetic Act to clarify the 420, a bill to require the President to joint resolution of approval is enacted Food and Drug Administration’s juris- report on the use by the Government of into law. diction over certain tobacco products, Iran of commercial aircraft and related S. 26 and to protect jobs and small busi- services for illicit military or other ac- At the request of Mr. WYDEN, the nesses involved in the sale, manufac- tivities, and for other purposes. name of the Senator from Delaware turing and distribution of traditional S. 422 (Mr. COONS) was added as a cosponsor and premium cigars. At the request of Mrs. GILLIBRAND, of S. 26, a bill to amend the Ethics in S. 377 the names of the Senator from Alaska Government Act of 1978 to require the At the request of Mr. MENENDEZ, the (Mr. SULLIVAN) and the Senator from disclosure of certain tax returns by name of the Senator from Ohio (Mr. Nevada (Mr. HELLER) were added as co- Presidents and certain candidates for PORTMAN) was added as a cosponsor of sponsors of S. 422, a bill to amend title the office of the President, and for S. 377, a bill to amend the Trafficking 38, United States Code, to clarify pre- other purposes. Victims Protection Act of 2000 to clar- sumptions relating to the exposure of

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.064 S16FEPT2 S1398 CONGRESSIONAL RECORD — SENATE February 17, 2017 certain veterans who served in the vi- Whereas the Plastics Industry Association Whereas the National Speech & Debate As- cinity of the Republic of Vietnam, and has hosted NPE: The Plastics Show in the sociation, in conjunction with national and for other purposes. United States since the show was first found- local partners, honors and celebrates the im- ed in 1946 and the show has served as a plat- portance of speech and debate through Na- S. 426 form for growth and innovation in the plas- tional Speech and Debate Education Day; At the request of Mr. TESTER, the tics industry of the United States for 70 and name of the Senator from Hawaii (Mr. years; Whereas National Speech and Debate Edu- SCHATZ) was added as a cosponsor of S. Whereas the Federal Government, through cation Day emphasizes the importance of 426, a bill to increase educational as- the War Production Board, recognized the speech and debate education and the integra- sistance provided by the Department of importance of plastics and the contributions tion of speech and debate education across Veterans Affairs for education and of plastics to the war effort during World grade levels and disciplines: Now, therefore, training of physician assistants of the War II, a conflict in which plastics played an be it essential military role with respect to weap- Resolved, That the Senate— Department, to establish pay grades onry, aircraft, wire and cable technology, (1) designates March 3, 2017, as ‘‘National and require competitive pay for physi- medical devices, and troop supplies; and Speech and Debate Education Day’’; cian assistants of the Department, and Whereas the plastics industry generates (2) strongly affirms the purposes of Na- for other purposes. $418,000,000,000 in revenue annually in the tional Speech and Debate Education Day; S. RES. 18 United States and supports approximately and At the request of Mr. COONS, the 954,000 jobs: Now, therefore, be it (3) encourages educational institutions, name of the Senator from Utah (Mr. Resolved, That the Senate— businesses, community and civic associa- (1) congratulates the Plastics Industry As- tions, and all people of the United States to HATCH) was added as a cosponsor of S. sociation on its 80th anniversary; celebrate and promote National Speech and Res. 18, a resolution reaffirming the (2) reaffirms the crucial role that plastics Debate Education Day. United States-Argentina partnership have played over the last 80 years and con- f and recognizing Argentina’s economic tinue to play in strengthening the economy reforms. of the United States and improving the ev- SENATE RESOLUTION 66—SUP- S. RES. 60 eryday lives of the people of the United PORTING THE GOALS AND At the request of Mr. DAINES, the States; and IDEALS OF CAREER AND TECH- name of the Senator from Utah (Mr. (3) recognizes the importance of continued NICAL EDUCATION MONTH investment in plastics, manufacturing, re- Mr. KAINE (for himself, Mr. HATCH) was added as a cosponsor of S. search, and education in the fields of science, Res. 60, a resolution designating May 5, technology, engineering, and mathematics. PORTMAN, Ms. BALDWIN, Mr. YOUNG, 2017, as the ‘‘National Day of Aware- Mr. BENNET, Mr. BROWN, Mr. ness for Missing and Murdered Native f BLUMENTHAL, Mr. BOOZMAN, Mrs. CAP- ITO, Mr. CASEY, Mr. COONS, Mr. DAINES, Women and Girls’’. SENATE RESOLUTION 65—DESIG- Mr. DONNELLY, Ms. DUCKWORTH, Mr. f NATING MARCH 3, 2017, AS ‘‘NA- DURBIN, Mr. ENZI, Mr. FRANKEN, Ms. TIONAL SPEECH AND DEBATE SUBMITTED RESOLUTIONS HASSAN, Mr. HATCH, Ms. HIRONO, Mr. EDUCATION DAY’’ ISAKSON, Mr. KING, Ms. KLOBUCHAR, Mr. Mr. GRASSLEY (for himself and Mr. MANCHIN, Mr. MARKEY, Mrs. MURRAY, SENATE RESOLUTION 64—CON- COONS) submitted the following resolu- Mr. PETERS, Mr. THUNE, Mr. WARNER, GRATULATING THE PLASTICS IN- tion; which was considered and agreed Mr. WYDEN, and Mr. ROUNDS) submitted DUSTRY ASSOCIATION ON ITS to: the following resolution; which was 80TH ANNIVERSARY S. RES. 65 considered and agreed to: Mr. JOHNSON submitted the fol- Whereas it is essential for youth to learn S. RES. 66 lowing resolution; which was referred and practice the art of communicating with Whereas a competitive global economy re- to the Committee on the Judiciary: and without technology; quires workers who are trained in skilled S. RES. 64 Whereas speech and debate education of- professions; Whereas the Plastics Industry Association fers students myriad forms of public speak- Whereas, according to the National Asso- is the leading association in the United ing through which students may develop tal- ciation of Manufacturers, 80 percent of re- States that represents companies in the plas- ent and exercise unique voice and character; spondents indicated a moderate to severe tics industry; Whereas speech and debate education gives shortage of qualified skilled production em- Whereas the Plastics Industry Association students the 21st-century skills of commu- ployees, including front-line workers such as was founded as the Society of the Plastics nication, critical thinking, creativity, and machinists, operators, craft workers, dis- Industry in 1937 in Shawnee-on-Delaware, collaboration; tributors, and technicians; Pennsylvania, as the collective voice of a Whereas critical analysis and effective Whereas career and technical education then-nascent plastics industry and has since communication allow important ideas, texts, (referred to in this preamble as ‘‘CTE’’) en- become the chief advocate for the entire and philosophies the opportunity to flourish; sures that competitive and skilled workers plastics supply chain, including plastics ma- Whereas personal, professional, and civic are ready, willing, and capable of holding chinery manufacturers, plastics material interactions are enhanced by the ability of jobs in high-wage, high-skill, and in-demand suppliers, plastics processors, moldmakers, the participants in those interactions to lis- career fields such as science, technology, en- recyclers, and consumer brand owners; ten, concur, question, and dissent with rea- gineering, mathematics, nursing, allied Whereas, today, the Plastics Industry As- son and compassion; health, construction, information tech- sociation represents the interests of an in- Whereas students who participate in nology, energy sustainability, and many dustry that makes regular and vital con- speech and debate have chosen a challenging other career fields that are vital in keeping tributions to the healthcare, automotive, ad- activity that requires regular practice, dedi- the United States competitive in the global vanced manufacturing, transportation, aero- cation, and hard work; economy; nautics, building and construction, tele- Whereas teachers and coaches of speech Whereas CTE helps the United States meet communications, recycling, packaging, and and debate devote in-school, afterschool, and the very real and immediate challenges of consumer electronics sectors; weekend hours to equip students with life- economic development, student achieve- Whereas, over the course of the 80-year his- changing skills and opportunities; ment, and global competitiveness; tory of the Plastics Industry Association, Whereas National Speech and Debate Edu- Whereas approximately 11,500,000 students the association has— cation Day emphasizes the lifelong impact of are enrolled in CTE across the country with (1) advocated for the use of plastics; and providing people of the United States with CTE programs in thousands of CTE centers, (2) presided over the development of plastic the confidence and preparation to both dis- comprehensive high schools, career acad- from a low-cost replacement for metals, cern and share views; emies, and CTE high schools, and nearly wood, glass, marble, shell, and other tradi- Whereas National Speech and Debate Edu- 1,700 2-year colleges; tional materials to the sustainable material cation Day acknowledges that most achieve- Whereas, according to the Bureau of Labor of choice because of its strength, light ments, celebrations, commemorations, and and Statistics, the 3 fastest growing occupa- weight, recyclability, and design versatility; pivotal moments in modern history begin, tions require an associate’s degree or a de- Whereas the Plastics Industry Association end, or are crystallized with public address; gree with fewer requirements, and each has hosts NPE: The Plastics Show, which is the Whereas National Speech and Debate Edu- an annual median salary greater than second largest trade show in the United cation Day recognizes that learning to re- $50,000; States and attracts more than 60,000 plastics search, construct, and present an argument Whereas CTE matches employability skills professionals from more than 100 countries is integral to personal advocacy, social with workforce demand and provides rel- to the United States every 3 years; movements, and the making of public policy; evant academic and technical coursework

VerDate Sep 11 2014 04:12 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.066 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1399 leading to industry-recognized credentials try-recognized credentials, including (2) in a manner consistent with the treat- for secondary, postsecondary, and adult certifications, licenses, certificates and ment plan recommended by a healthcare pro- learners; degrees, in a wide variety of fields. Ac- vider for the client; Whereas CTE affords students the oppor- cording to the U.S. Department of Whereas health and wellness coaches assist tunity to gain the knowledge, skills, and cre- clients in making healthy lifestyle changes dentials needed to secure careers in growing, Labor, of the top three fastest-growing by encouraging them— high-demand fields; occupations, all will require real-world (1) to use insight; Whereas CTE students were significantly skills that can be mastered through (2) to use personal strengths and resources; more likely than non-CTE students to report CTE—none require a bachelor’s degree (3) to set goals; having developed problem-solving, project and all have median salaries above (4) to create action steps; and completion, research, math, college applica- $50,000 per year. By increasing opportu- (5) to hold themselves accountable; tion, work-related, communication, time Whereas health and wellness coaches play nities for students to obtain postsec- a vital role in improving individual wellness management, and critical thinking skills ondary skills training and meaningful during high school; that complements, and does not replace, the Whereas students at schools with highly credentials, CTE can spread economic work of healthcare professionals; and integrated rigorous academic and CTE pro- opportunity to all students who are Whereas an increasing number of studies grams have significantly higher achievement willing to work for it. demonstrate the effectiveness of health and in reading, mathematics, and science than Today with my Senate CTE Caucus wellness coaches in— students at schools with less integrated pro- cochairs Senator PORTMAN, Senator (1) improving individual health and wellness; and grams; and BALDWIN, and Senator YOUNG and other Whereas February 23, 2017, marks the 100th (2) reducing healthcare costs: Now, there- colleagues in the Senate, I am intro- fore, be it anniversary of the signing of the Act of Feb- ducing a bipartisan resolution to des- ruary 23, 1917 (commonly known as the Resolved, That the Senate— ‘‘Smith-Hughes Vocational Education Act of ignate February as Career and Tech- (1) supports the designation of the week of 1917’’) (39 Stat. 929, chapter 114), which was nical Education, CTE, Month. CTE February 13, 2017, through February 19, 2017, the first major Federal investment in sec- Month provides a chance for students, as ‘‘National Health and Wellness Coach Rec- ondary CTE and laid the foundation for the counselors, educators and administra- ognition Week’’; and bipartisan, bicameral support for CTE that tors to learn more about the edu- (2) supports the efforts of the health and continues as of February 2017: Now, there- wellness coaches of the United States in cational opportunities available in their important work to improve the health fore, be it their communities and recognize the Resolved, That the Senate— and wellness of the people of United States. importance of CTE in preparing a well- (1) designates February 2017 as ‘‘Career and f Technical Education Month’’ to celebrate ca- educated and skilled workforce in the reer and technical education across the United States. This year’s resolution AMENDMENTS SUBMITTED AND United States; also marks the 100th anniversary of the PROPOSED (2) supports the goals and ideals of Career Smith-Hughes National Vocational SA 191. Mr. CORNYN (for Ms. MURKOWSKI) and Technical Education month; Education Act of 1917, the Nation’s proposed an amendment to the resolution S. (3) honors the 100th anniversary of the Act first major federal investment in sec- Res. 55, recognizing February 26, 2017, as the of February 23, 1917 (commonly known as the ondary CTE. 100th anniversary of the establishment of ‘‘Smith-Hughes Vocational Education Act of By formally recognizing CTE Month Denali National Park and Preserve in the 1917’’) (39 Stat. 929, chapter 114); State of Alaska. (4) recognizes the importance of career and through this resolution, it is our hope f technical education in preparing a well-edu- that we can build greater awareness for cated and skilled workforce in the United the importance of strengthening access TEXT OF AMENDMENTS States; and to high-quality CTE for millions of Mr. CORNYN (for Ms. MUR- (5) encourages educators, counselors, and SA 191. America’s students and our nation’s KOWSKI) proposed an amendment to the administrators to promote career and tech- continued economic competitiveness. nical education as an option for students. resolution S. Res. 55, recognizing Feb- f Mr. KAINE. Mr. President, our Na- ruary 26, 2017, as the 100th anniversary tion’s continued economic competitive- SENATE RESOLUTION 67—EX- of the establishment of Denali National ness relies on the education and skills PRESSING SUPPORT FOR Park and Preserve in the State of Alas- of the American workforce and its abil- HEALTH AND WELLNESS COACH- ka; as follows: ity to meet and adapt to the 21st-cen- ES AND FOR THE DESIGNATION Amend the sixteenth whereas clause to tury economy. Career and technical OF FEBRUARY 13, 2017, THROUGH read as follows: Whereas Denali National Park and Pre- education, CTE, programs are a critical FEBRUARY 19, 2017, AS ‘‘NA- TIONAL HEALTH AND WELLNESS serve has provided a wide array of visitor ex- component to every student’s edu- periences to tourists, including hiking, dog cation, creating diverse pathways into COACH RECOGNITION WEEK’’ mushing, rafting, and cycling; further education and developing ca- Mr. HEINRICH submitted the fol- f reers. Today, approximately 11.5 mil- lowing resolution; which was consid- AUTHORITY FOR COMMITTEES TO lion students are enrolled in CTE, en- ered and agreed to: MEET compassing every State through nearly S. RES. 67 1,700 two-year and thousands more sec- Whereas February 13, 2017, through Feb- Mr. CORNYN. Mr. President, I have ondary CTE centers, comprehensive ruary 19, 2017, is recognized as ‘‘National one request for a committee to meet high schools career academies and CTE Health and Wellness Coach Recognition during today’s session of the Senate. It high schools. Week’’; has the approval of the Majority and According to the U.S. Department of Whereas the Centers for Disease Control Minority leaders. Education’s Office for Career, Tech- and Prevention considers chronic diseases to Pursuant to Rule XXVI, paragraph nical and Adult Education, in 2012, the be ‘‘the public health challenge of the 21st 5(a), of the Standing Rules of the Sen- average high school graduation rate for century’’; ate, the following commtitee is author- students concentrating in CTE pro- Whereas decades of research have linked ized to meet during today’s session of lifestyle factors, such as inactivity, poor grams was 93 percent, compared with diet, tobacco smoking, and sustained stress, the Senate: the national average of 80 percent. with increased risk for major illnesses and COMMITTEE ON AGRICULTURE, NUTRITION, AND These students gain real-world skills death; FORESTRY through applied learning, and integrate Whereas the costs associated with treating The Committee on Agriculture, Nu- their academic curriculum with tech- many chronic diseases are high and often trition, and Forestry is authorized to nical and employability skills. In addi- preventable; meet during the session of the Senate tion, our Nation’s continued economic Whereas a health and wellness coach is a on Friday, February 17, 2017, at 12:30 competitiveness relies on the skill of new type of healthcare worker who serves as a supportive mentor to motivate individuals p.m., in room S–216. the American workforce and its ability to make positive health choices and move f to meet and adapt to the 21st-century toward specific wellness goals; PRIVILEGES OF THE FLOOR economy. Whereas health and wellness coaches sup- CTE prepares students with edu- port clients in achieving good health— Mr. CARPER. Mr. President, I ask cation and training leading to indus- (1) based on the goals of each client; and unanimous consent that the following

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.069 S16FEPT2 S1400 CONGRESSIONAL RECORD — SENATE February 17, 2017 congressional fellows in the office of TITLE III—MAXIMIZING UTILIZATION OF Subtitle B—Collaboration Among Mission Senator TOM UDALL be granted floor THE ISS AND LOW-EARTH ORBIT Directorates and Other Matters privileges for the remainder of the Sec. 301. Operation of the ISS. Sec. 821. Collaboration among mission direc- 115th Congress. Their names are Emma Sec. 302. Transportation to ISS. torates. Sec. 303. ISS transition plan. Sec. 822. NASA launch capabilities collabo- Locatelli, Sean MacDougall, and An- Sec. 304. Space communications. gela Tapia. ration. Sec. 305. Indemnification; NASA launch Sec. 823. Detection and avoidance of coun- The PRESIDING OFFICER. Without services and reentry services. terfeit parts. objection, it is so ordered. TITLE IV—ADVANCING HUMAN DEEP Sec. 824. Education and outreach. f SPACE EXPLORATION Sec. 825. Leveraging commercial satellite Subtitle A—Human Space Flight and servicing capabilities across UNANIMOUS CONSENT AGREE- mission directorates. MENT—EXECUTIVE CALENDAR Exploration Goals and Objectives Sec. 411. Human space flight and exploration Sec. 826. Flight opportunities. Mr. CORNYN. Mr. President, I ask long-term goals. Sec. 827. Sense of Congress on small class unanimous consent that at 7 p.m. on Sec. 412. Key objectives. launch missions. Monday, February 27, all postcloture Sec. 413. Vision for space exploration. Sec. 828. Baseline and cost controls. time be considered expired and the Sec. 414. Stepping stone approach to explo- Sec. 829. Commercial technology transfer ration. program. Senate vote on the confirmation of Ex- Sec. 830. Avoiding organizational conflicts ecutive Calendar No. 3, Wilbur Ross to Sec. 415. Update of exploration plan and pro- grams. of interest in major administra- be Secretary of Commerce. Sec. 416. Repeals. tion acquisition programs. The PRESIDING OFFICER. Without Sec. 417. Assured access to space. Sec. 831. Protection of Apollo landing sites. objection, it is so ordered. Subtitle B—Assuring Core Capabilities for Sec. 832. NASA lease of non-excess property. Mr. CORNYN. Mr. President, for the Exploration Sec. 833. Termination liability. Sec. 834. Independent reviews. information of all Senators, there will Sec. 421. Space Launch System, Orion, and be two votes at approximately 7 p.m. Sec. 835. NASA Advisory Council. Exploration Ground Systems. Sec. 836. Cost estimation. on Monday, February 27—confirmation Subtitle C—Journey to Mars Sec. 837. Facilities and infrastructure. of Wilbur Ross to be Secretary of Com- Sec. 431. Findings on human space explo- Sec. 838. Human space flight accident inves- merce, followed by cloture on the nom- ration. tigations. ination of RYAN ZINKE to be Secretary Sec. 432. Human exploration roadmap. Sec. 839. Orbital debris. of the Interior. Sec. 433. Advanced space suit capability. Sec. 840. Review of orbital debris removal Sec. 434. Asteroid robotic redirect mission. concepts. f Sec. 435. Mars 2033 report. Sec. 841. Space Act Agreements. NATIONAL AERONAUTICS AND Subtitle D—TREAT Astronauts Act SEC. 2. DEFINITIONS. SPACE ADMINISTRATION TRAN- Sec. 441. Short title. In this Act: SITION AUTHORIZATION ACT OF Sec. 442. Findings; sense of Congress. (1) ADMINISTRATION.—The term ‘‘Adminis- 2017 Sec. 443. Medical monitoring and research tration’’ means the National Aeronautics Mr. CORNYN. Mr. President, I ask relating to human space flight. and Space Administration. TITLE V—ADVANCING SPACE SCIENCE (2) ADMINISTRATOR.—The term ‘‘Adminis- unanimous consent that the Senate trator’’ means the Administrator of the Na- Sec. 501. Maintaining a balanced space proceed to the immediate consider- tional Aeronautics and Space Administra- ation of S. 442, introduced earlier science portfolio. Sec. 502. Planetary science. tion. today. Sec. 503. James Webb Space Telescope. (3) APPROPRIATE COMMITTEES OF CON- The PRESIDING OFFICER. The Sec. 504. Wide-Field Infrared Survey Tele- GRESS.—The term ‘‘appropriate committees clerk will report the bill by title. scope. of Congress’’ means— The senior assistant legislative clerk Sec. 505. Mars 2020 rover. (A) the Committee on Commerce, Science, read as follows: Sec. 506. Europa. and Transportation of the Senate; and (B) the Committee on Science, Space, and A bill (S. 442) to authorize the programs of Sec. 507. Congressional declaration of policy Technology of the House of Representatives. the National Aeronautics and Space Admin- and purpose. (4) CIS-LUNAR SPACE.—The term ‘‘cis-lunar istration, and for other purposes. Sec. 508. Extrasolar planet exploration strategy. space’’ means the region of space from the There being no objection, the Senate Sec. 509. Astrobiology strategy. Earth out to and including the region around proceeded to consider the bill. Sec. 510. Astrobiology public-private part- the surface of the Moon. Mr. CORNYN. Mr. President, I ask nerships. (5) DEEP SPACE.—The term ‘‘deep space’’ unanimous consent that the bill be Sec. 511. Near-earth objects. means the region of space beyond low-Earth considered read a third time and passed Sec. 512. Near-Earth objects public-private orbit, to include cis-lunar space. and the motion to reconsider be consid- partnerships. (6) GOVERNMENT ASTRONAUT.—The term ered made and laid upon the table. Sec. 513. Assessment of science mission ex- ‘‘government astronaut’’ has the meaning The PRESIDING OFFICER. Without tensions. given the term in section 50902 of title 51, Sec. 514. Stratospheric observatory for in- United States Code. objection, it is so ordered. frared astronomy. (7) ISS.—The term ‘‘ISS’’ means the Inter- The bill (S. 442) was ordered to be en- Sec. 515. Radioisotope power systems. national Space Station. grossed for a third reading, was read Sec. 516. Assessment of Mars architecture. (8) ISS MANAGEMENT ENTITY.—The term the third time, and passed, as follows: Sec. 517. Collaboration. ‘‘ISS management entity’’ means the organi- S. 442 TITLE VI—AERONAUTICS zation with which the Administrator has a Be it enacted by the Senate and House of Rep- Sec. 601. Sense of Congress on aeronautics. cooperative agreement under section 504(a) resentatives of the United States of America in Sec. 602. Transformative aeronautics re- of the National Aeronautics and Space Ad- Congress assembled, search. ministration Authorization Act of 2010 (42 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 603. Hypersonic research. U.S.C. 18354(a)). (a) SHORT TITLE.—This Act may be cited as Sec. 604. Supersonic research. (9) NASA.—The term ‘‘NASA’’ means the the ‘‘National Aeronautics and Space Admin- Sec. 605. Rotorcraft research. National Aeronautics and Space Administra- istration Transition Authorization Act of TITLE VII—SPACE TECHNOLOGY tion. (10) ORION.—The term ‘‘Orion’’ means the 2017’’. Sec. 701. Space technology infusion. multipurpose crew vehicle described under (b) TABLE OF CONTENTS.—The table of con- Sec. 702. Space technology program. tents of this Act is as follows: section 303 of the National Aeronautics and TITLE VIII—MAXIMIZING EFFICIENCY Space Administration Authorization Act of Sec. 1. Short title; table of contents. Sec. 2. Definitions. Subtitle A—Agency Information Technology 2010 (42 U.S.C. 18323). and Cybersecurity (11) SPACE LAUNCH SYSTEM.—The term TITLE I—AUTHORIZATION OF ‘‘Space Launch System’’ has the meaning APPROPRIATIONS Sec. 811. Information technology govern- ance. given the term in section 3 of the National Sec. 101. Fiscal year 2017. Sec. 812. Information technology strategic Aeronautics and Space Administration Au- TITLE II—SUSTAINING NATIONAL SPACE plan. thorization Act of 2010 (42 U.S.C. 18302). COMMITMENTS Sec. 813. Cybersecurity. (12) UNITED STATES GOVERNMENT ASTRO- Sec. 201. Sense of Congress on sustaining na- Sec. 814. Security management of foreign NAUT.—The term ‘‘United States government tional space commitments. national access. astronaut’’ has the meaning given the term Sec. 202. Findings. Sec. 815. Cybersecurity of web applications. ‘‘government astronaut’’ in section 50902 of

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G16FE6.219 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1401 title 51, United States Code, except it does garding the cancellation of authorized pro- (B) serving as a testbed for technologies not include an individual who is an inter- grams with bipartisan and bicameral sup- and a platform for scientific research and de- national partner astronaut. port, have disrupted completion of major velopment; and TITLE I—AUTHORIZATION OF space systems thereby— (C) serving as an orbital facility enabling APPROPRIATIONS (A) impeding planning and pursuit of na- research upon— SEC. 101. FISCAL YEAR 2017. tional objectives in space science and human (i) the health, well-being, and performance There are authorized to be appropriated to space exploration; of humans in space; and NASA for fiscal year 2017, $19,508,000,000, as (B) placing such investments in space (ii) the development of in-space systems follows: science and space exploration at risk; and enabling human space exploration beyond (1) For Exploration, $4,330,000,000. (C) degrading the aerospace industrial low-Earth orbit; and (2) For Space Operations, $5,023,000,000. base. (5) the ISS provides a platform for funda- (3) For Science, $5,500,000,000. (3) The National Aeronautics and Space mental, microgravity, discovery-based space (4) For Aeronautics, $640,000,000. Administration Authorization Act of 2005 life and physical sciences research that is (5) For Space Technology, $686,000,000. (Public Law 109–155; 119 Stat. 2895), National critical for enabling space exploration, pro- (6) For Education, $115,000,000. Aeronautics and Space Administration Au- tecting humans in space, increasing path- (7) For Safety, Security, and Mission Serv- thorization Act of 2008 (Public Law 110–422; ways for commercial space development that ices, $2,788,600,000. 122 Stat. 4779), and National Aeronautics and depend on advances in basic research, and (8) For Construction and Environmental Space Administration Authorization Act of contributes to advancing science, tech- Compliance and Restoration, $388,000,000. 2010 (42 U.S.C. 18301 et seq.) reflect a broad, nology, engineering, and mathematics re- (9) For Inspector General, $37,400,000. bipartisan agreement on the path forward for search. TITLE II—SUSTAINING NATIONAL SPACE NASA’s core missions in science, space tech- (b) OBJECTIVES.—The primary objectives of COMMITMENTS nology, aeronautics, human space flight and the ISS program shall be— (1) to achieve the long term goal and objec- SEC. 201. SENSE OF CONGRESS ON SUSTAINING exploration, and education, that serves as NATIONAL SPACE COMMITMENTS. the foundation for the policy updates by this tives under section 202 of the National Aero- It is the sense of Congress that— Act. nautics and Space Administration Author- (1) honoring current national space com- (4) Sufficient investment and maximum ization Act of 2010 (42 U.S.C. 18312); and mitments and building upon investments in utilization of the ISS and ISS National Lab- (2) to pursue a research program that ad- space across successive Administrations oratory with our international and industry vances knowledge and provides other bene- demonstrates clear continuity of purpose by partners is— fits to the Nation. the United States, in collaboration with its (A) consistent with the goals and objec- (c) CONTINUATION OF THE ISS.—Section 501 international, academic, and industry part- tives of the United States space program; of the National Aeronautics and Space Ad- ners, to extend humanity’s reach into deep and ministration Authorization Act of 2010 (42 space, including cis-lunar space, the Moon, (B) imperative to continuing United States U.S.C. 18351) is amended to read as follows: the surface and moons of Mars, and beyond; global leadership in human space explo- ‘‘SEC. 501. CONTINUATION OF THE INTER- (2) NASA leaders can best leverage invest- ration, science, research, technology devel- NATIONAL SPACE STATION. ments in the United States space program by opment, and education opportunities that ‘‘(a) POLICY OF THE UNITED STATES.—It continuing to develop a balanced portfolio contribute to development of the next gen- shall be the policy of the United States, in for space exploration and space science, in- eration of American scientists, engineers, consultation with its international partners cluding continued development of the Space and leaders, and to creating the opportunity in the ISS program, to support full and com- Launch System, Orion, Commercial Crew for economic development of low-Earth plete utilization of the ISS through at least Program, space and planetary science mis- orbit. 2024. sions such as the James Webb Space Tele- (5) NASA has made measurable progress in ‘‘(b) NASA ACTION.—In furtherance of the scope, Wide-Field Infrared Survey Telescope, the development and testing of the Space policy set forth in subsection (a), NASA and Europa mission, and ongoing operations Launch System and Orion exploration sys- shall— of the ISS and Commercial Resupply Serv- tems with the near-term objectives of the ‘‘(1) pursue international, commercial, and ices Program; initial integrated test flight and launch in intragovernmental means to maximize ISS (3) a national, government-led space pro- 2018, a human mission in 2021, and continued logistics supply, maintenance, and oper- gram that builds on current science and ex- missions with an annual cadence in cis-lunar ational capabilities, reduce risks to ISS sys- ploration programs, advances human knowl- space and eventually to the surface of Mars. tems sustainability, and offset and minimize edge and capabilities, and opens the frontier (6) The Commercial Crew Program has United States operations costs relating to beyond Earth for ourselves, commercial en- made measurable progress toward reestab- the ISS; terprise, and science, and with our inter- lishing the capability to launch United ‘‘(2) utilize, to the extent practicable, the national partners, is of critical importance States government astronauts from United ISS for the development of capabilities and to our national destiny and to a future guid- States soil into low-Earth orbit by the end of technologies needed for the future of human ed by United States values and freedoms; 2018. space exploration beyond low-Earth orbit; (4) continuity of purpose and effective exe- (7) The Aerospace Safety Advisory Panel, and cution of core NASA programs are essential in its 2015 Annual Report, urged continuity ‘‘(3) utilize, if practical and cost effective, for efficient use of resources in pursuit of of purpose noting concerns over the poten- the ISS for Science Mission Directorate mis- timely and tangible accomplishments; tial for cost overruns and schedule slips that sions in low-Earth orbit.’’. (5) NASA could improve its efficiency and could accompany significant changes to core SEC. 302. TRANSPORTATION TO ISS. effectiveness by working with industry to NASA programs. (a) FINDINGS.—Congress finds that reliance streamline existing programs and require- on foreign carriers for United States crew ments, procurement practices, institutional TITLE III—MAXIMIZING UTILIZATION OF transfer is unacceptable, and the Nation’s footprint, and bureaucracy while preserving THE ISS AND LOW-EARTH ORBIT human space flight program must acquire effective program oversight, accountability, the capability to launch United States gov- SEC. 301. OPERATION OF THE ISS. and safety; ernment astronauts on vehicles using United (6) it is imperative that the United States (a) SENSE OF CONGRESS.—It is the sense of States rockets from United States soil as maintain and enhance its leadership in space Congress that— soon as is safe, reliable, and affordable to do exploration and space science, and continue (1) after 15 years of continuous human so. to expand freedom and economic opportuni- presence in low-Earth orbit, the ISS con- (b) SENSE OF CONGRESS ON COMMERCIAL ties in space for all Americans that are con- tinues to overcome challenges and operate CREW PROGRAM AND COMMERCIAL RESUPPLY sistent with the Constitution of the United safely; SERVICES PROGRAM.—It is the sense of Con- States; and (2) the ISS is a unique testbed for future gress that— (7) NASA should be a multi-mission space space exploration systems development, in- (1) once developed and certified to meet agency, and should have a balanced and ro- cluding long-duration space travel; the Administration’s safety and reliability bust set of core missions in space science, (3) the expansion of partnerships, scientific requirements, United States commercially space technology, aeronautics, human space research, and commercial applications of the provided crew transportation systems can flight and exploration, and education. ISS is essential to ensuring the greatest re- serve as the primary means of transporting SEC. 202. FINDINGS. turn on investments made by the United United States government astronauts and Congress makes the following findings: States and its international space partners international partner astronauts to and from (1) Returns on the Nation’s investments in in the development, assembly, and oper- the ISS and serving as ISS crew rescue vehi- science, technology, and exploration accrue ations of that unique facility; cles; over decades-long timeframes, and a disrup- (4) utilization of the ISS will sustain (2) previous budgetary assumptions used by tion of such investments could prevent re- United States leadership and progress in the Administration in its planning for the turns from being fully realized. human space exploration by— Commercial Crew Program assumed signifi- (2) Past challenges to the continuity of (A) facilitating the commercialization and cantly higher funding levels than were au- such investments, particularly threats re- economic development of low-Earth orbit; thorized and appropriated by Congress;

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1402 CONGRESSIONAL RECORD — SENATE February 17, 2017

(3) credibility in the Administration’s providing space transportation services (i) ISS CARGO RESUPPLY SERVICES LESSONS budgetary estimates for the Commercial under other law. LEARNED.—Not later than 120 days after the Crew Program can be enhanced by an inde- ‘‘(C) UNITED STATES COMMERCIAL PRO- date of enactment of this Act, the Adminis- pendently developed cost estimate; VIDER.—The term ‘United States commercial trator shall submit to the appropriate com- (4) such credibility in budgetary estimates provider’ means a commercial provider, or- mittees of Congress a report that— is an important factor in understanding pro- ganized under the laws of the United States (1) identifies the lessons learned to date gram risk; or of a State, that is more than 50 percent from previous and existing Commercial Re- (5) United States access to low-Earth orbit owned by United States nationals. supply Services contracts; is paramount to the continued success of the ‘‘(3) ARRANGEMENTS WITH FOREIGN ENTI- (2) indicates whether changes are needed to ISS and ISS National Laboratory; TIES.—Nothing in this subsection shall pre- the manner in which the Administration pro- (6) a stable and successful Commercial Re- vent the Administrator from negotiating or cures and manages similar services prior to supply Services Program and Commercial entering into human space flight transpor- the issuance of future Commercial Resupply Crew Program are critical to ensuring time- tation arrangements with foreign entities to Services procurement opportunities; and ly provisioning of the ISS and to reestab- ensure safety of flight and continued ISS op- (3) identifies any lessons learned from the lishing the capability to launch United erations.’’. Commercial Resupply Services contracts States government astronauts from United (e) COMMERCIAL CREW PROGRAM.— that should be applied to the procurement States soil into orbit, ending reliance upon (1) OBJECTIVE.—The objective of the Com- and management of commercially provided Russian transport of United States govern- mercial Crew Program shall be to assist in crew transfer services to and from the ISS or ment astronauts to the ISS which has not the development and certification of com- to other future procurements. been possible since the retirement of the mercially provided transportation that— SEC. 303. ISS TRANSITION PLAN. Space Shuttle program in 2011; (A) can carry United States government (a) FINDINGS.—Congress finds that— (7) NASA should build upon the success of astronauts safely, reliably, and affordably to (1) NASA has been both the primary sup- the Commercial Orbital Transportation and from the ISS; plier and consumer of human space flight ca- Services Program and Commercial Resupply (B) can serve as a crew rescue vehicle; and pabilities and services of the ISS and in low- Services Program that have allowed private (C) can accomplish subparagraphs (A) and Earth orbit; and sector companies to partner with NASA to (B) as soon as practicable. (2) according to the National Research deliver cargo and scientific experiments to (2) PRIMARY CONSIDERATION.—The objective Council report ‘‘Pathways to Exploration: the ISS since 2012; described in paragraph (1) shall be the pri- Rationales and Approaches for a U.S. Pro- (8) the 21st Century Launch Complex Pro- mary consideration in the acquisition strat- gram of Human Space Exploration’’ extend- gram has enabled significant modernization egy for the Commercial Crew Program. ing ISS beyond 2020 to 2024 or 2028 will have and infrastructure improvements at launch (3) SAFETY.— significant negative impacts on the schedule sites across the United States to support (A) IN GENERAL.—The Administrator shall of crewed missions to Mars, without signifi- NASA’s Commercial Resupply Services Pro- protect the safety of government astronauts cant increases in funding. gram and other civil and commercial space by ensuring that each commercially pro- (b) SENSE OF CONGRESS.—It is the sense of flight missions; and vided transportation system under this sub- Congress that— (9) the 21st Century Launch Complex Pro- section meets all applicable human rating (1) an orderly transition for United States gram should be continued in a manner that requirements in accordance with section human space flight activities in low-Earth leverages State and private investments to 403(b)(1) of the National Aeronautics and orbit from the current regime, that relies achieve the goals of that program. Space Administration Authorization Act of heavily on NASA sponsorship, to a regime (c) REAFFIRMATION.—Congress reaffirms— 2010 (42 U.S.C. 18342(b)(1)). (1) its commitment to the use of a commer- where NASA is one of many customers of a (B) LESSONS LEARNED.—Consistent with the low-Earth orbit commercial human space cially developed, private sector launch and findings and recommendations of the Colum- delivery system to the ISS for crew missions flight enterprise may be necessary; and bia Accident Investigation Board, the Ad- (2) decisions about the long-term future of as expressed in the National Aeronautics and ministration shall ensure that safety and the Space Administration Authorization Act of the ISS impact the ability to conduct future minimization of the probability of loss of deep space exploration activities, and that 2005 (Public Law 109–155; 119 Stat. 2895), the crew are the critical priorities of the Com- National Aeronautics and Space Administra- such decisions regarding the ISS should be mercial Crew Program. considered in the context of the human ex- tion Authorization Act of 2008 (Public Law (4) COST MINIMIZATION.—The Administrator 110–422; 122 Stat. 4779), and the National Aer- ploration roadmap under section 432 of this shall strive through the competitive selec- Act. onautics and Space Administration Author- tion process to minimize the life cycle cost ization Act of 2010 (42 U.S.C. 18301 et seq.); (c) REPORTS.—Section 50111 of title 51, to the Administration through the planned United States Code, is amended by adding at and period of commercially provided crew trans- (2) the requirement under section the end the following: portation services. ‘‘(c) ISS TRANSITION PLAN.— 50111(b)(1)(A) of title 51, United States Code, (f) COMMERCIAL CARGO PROGRAM.—Section ‘‘(1) IN GENERAL.—The Administrator, in that the Administration shall make use of 401 of the National Aeronautics and Space coordination with the ISS management enti- United States commercially provided ISS Administration Authorization Act of 2010 (42 ty (as defined in section 2 of the National crew transfer and crew rescue services to the U.S.C. 18341) is amended by striking ‘‘Com- Aeronautics and Space Administration Tran- maximum extent practicable. mercial Orbital Transportation Services’’ (d) USE OF NON-UNITED STATES HUMAN and inserting ‘‘Commercial Resupply Serv- sition Authorization Act of 2017), ISS part- SPACE FLIGHT TRANSPORTATION CAPABILI- ices’’. ners, the scientific user community, and the TIES.—Section 201(a) of the National Aero- (g) COMPETITION.—It is the policy of the commercial space sector, shall develop a nautics and Space Administration Author- United States that, to foster the competitive plan to transition in a step-wise approach ization Act of 2010 (42 U.S.C. 18311(a)) is development, operation, improvement, and from the current regime that relies heavily amended to read as follows: commercial availability of space transpor- on NASA sponsorship to a regime where ‘‘(a) USE OF NON-UNITED STATES HUMAN tation services, and to minimize the life NASA could be one of many customers of a SPACE FLIGHT TRANSPORTATION SERVICES.— cycle cost to the Administration, the Admin- low-Earth orbit non-governmental human ‘‘(1) IN GENERAL.—The Federal Government istrator shall procure services for Federal space flight enterprise. may not acquire human space flight trans- Government access to and return from the ‘‘(2) REPORTS.—Not later than December 1, portation services from a foreign entity un- ISS, whenever practicable, via fair and open 2017, and biennially thereafter until 2023, the less— competition for well-defined, milestone- Administrator shall submit to the Com- ‘‘(A) no United States Government-oper- based, Federal Acquisition Regulation-based mittee on Commerce, Science, and Transpor- ated human space flight capability is avail- contracts under section 201(a) of the Na- tation of the Senate and the Committee on able; tional Aeronautics and Space Administra- Science, Space, and Technology of the House ‘‘(B) no United States commercial provider tion Authorization Act of 2010 (42 U.S.C. of Representatives a report that includes— is available; and 18311(a)). ‘‘(A) a description of the progress in ‘‘(C) it is a qualified foreign entity. (h) TRANSPARENCY.— achieving the Administration’s deep space ‘‘(2) DEFINITIONS.—In this subsection: (1) SENSE OF CONGRESS.—It is the sense of human exploration objectives on ISS and ‘‘(A) COMMERCIAL PROVIDER.—The term Congress that cost transparency and sched- prospects for accomplishing future mission ‘commercial provider’ means any person pro- ule transparency aid in effective program requirements, space exploration objectives, viding human space flight transportation management and risk assessment. and other research objectives on future com- services, primary control of which is held by (2) IN GENERAL.—The Administrator shall, mercially supplied low-Earth orbit platforms persons other than the Federal Government, to the greatest extent practicable and in a or migration of those objectives to cis-lunar a State or local government, or a foreign manner that does not add costs or schedule space; government. delays to the program, ensure all Commer- ‘‘(B) the steps NASA is taking and will ‘‘(B) QUALIFIED FOREIGN ENTITY.—The term cial Crew Program and Commercial Resup- take, including demonstrations that could be ‘qualified foreign entity’ means a foreign en- ply Services Program providers provide evi- conducted on the ISS, to stimulate and fa- tity that is in compliance with all applicable dence-based support for their costs and cilitate commercial demand and supply of safety standards and is not prohibited from schedules. products and services in low-Earth orbit;

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1403 ‘‘(C) an identification of barriers pre- ministration’s requirements for ISS activi- ‘‘§ 20148. Indemnification; NASA launch serv- venting the commercialization of low-Earth ties defined in the human exploration road- ices and reentry services orbit, including issues relating to policy, map and related research, demonstrations ‘‘(a) IN GENERAL.—Under such regulations regulations, commercial intellectual prop- identified under paragraph (2) may— in conformity with this section as the Ad- erty, data, and confidentiality, that could in- ‘‘(A) test the capabilities needed to meet ministrator shall prescribe taking into ac- hibit the use of the ISS as a commercial in- future mission requirements, space explo- count the availability, cost, and terms of li- cubator; ration objectives, and other research objec- ability insurance, any contract between the ‘‘(D) the criteria for defining the ISS as a tives described in paragraph (2)(A); and Administration and a provider may provide research success; ‘‘(B) demonstrate or test capabilities, in- that the United States will indemnify the ‘‘(E) the criteria used to determine wheth- cluding commercial modules or deep space provider against successful claims (including er the ISS is meeting the objective under habitats, Environmental Control and Life reasonable expenses of litigation or settle- section 301(b)(2) of the National Aeronautics Support Systems, orbital satellite assembly, ment) by third parties for death, bodily in- and Space Administration Transition Au- exploration space suits, a node that enables jury, or loss of or damage to property result- thorization Act of 2017; a wide variety of activity, including multiple ing from launch services and reentry services ‘‘(F) an assessment of whether the criteria commercial modules and airlocks, additional carried out under the contract that the con- under subparagraphs (D) and (E) are con- docking or berthing ports for commercial tract defines as unusually hazardous or nu- sistent with the research areas defined in, crew and cargo, opportunities for the com- clear in nature, but only to the extent the and recommendations and schedules under, mercial space sector to cost share for trans- total amount of successful claims related to the current National Academies of Sciences, portation and other services on the ISS, the activities under the contract— Engineering, and Medicine Decadal Survey other commercial activities, or services ob- ‘‘(1) is more than the amount of insurance on Biological and Physical Sciences in tained through alternate acquisition ap- or demonstration of financial responsibility Space; proaches.’’. described in subsection (c)(3); and ‘‘(G) any necessary contributions that ISS ‘‘(2) is not more than the amount specified SEC. 304. SPACE COMMUNICATIONS. extension would make to enabling execution in section 50915(a)(1)(B). (a) PLAN.—The Administrator shall develop of the human exploration roadmap under ‘‘(b) TERMS OF INDEMNIFICATION.—A con- a plan, in consultation with relevant Federal section 432 of the National Aeronautics and tract made under subsection (a) that pro- agencies, to meet the Administration’s pro- Space Administration Transition Authoriza- vides indemnification shall provide for— jected space communication and navigation tion Act of 2017; ‘‘(1) notice to the United States of any needs for low-Earth orbit and deep space op- ‘‘(H) the cost estimates for operating the claim or suit against the provider for death, erations in the 20-year period following the ISS to achieve the criteria required under bodily injury, or loss of or damage to prop- subparagraphs (D) and (E) and the contribu- date of enactment of this Act. erty; and (b) CONTENTS.—The plan shall include— tions identified under subparagraph (G); ‘‘(2) control of or assistance in the defense ‘‘(I) the cost estimates for extending oper- (1) the lifecycle cost estimates and a 5-year by the United States, at its election, of that ations of the ISS to 2024, 2028, and 2030; funding profile; claim or suit and approval of any settlement. ‘‘(J) an evaluation of the feasible and pre- (2) the performance capabilities required to ‘‘(c) LIABILITY INSURANCE OF THE PRO- ferred service life of the ISS beyond the pe- meet the Administration’s projected space VIDER.— riod described in section 503 of the National communication and navigation needs; ‘‘(1) IN GENERAL.—The provider under sub- Aeronautics and Space Administration Au- (3) the measures the Administration will section (a) shall obtain liability insurance or thorization Act of 2010 (42 U.S.C. 18353), take to sustain the existing space commu- demonstrate financial responsibility in through at least 2028, as a unique scientific, nications and navigation architecture; amounts to compensate for the maximum commercial, and space exploration-related (4) an identification of the projected space probable loss from claims by— facility, including— communications and navigation network and ‘‘(A) a third party for death, bodily injury, ‘‘(i) a general discussion of international infrastructure needs; or property damage or loss resulting from a partner capabilities and prospects for ex- (5) a description of the necessary upgrades launch service or reentry service carried out tending the partnership; to meet the needs identified in paragraph (4), under the contract; and ‘‘(ii) the cost associated with extending the including— ‘‘(B) the United States Government for service life; (A) an estimate of the cost of the upgrades; damage or loss to Government property re- ‘‘(iii) an assessment on the technical lim- (B) a schedule for implementing the up- sulting from a launch service or reentry iting factors of the service life of the ISS, in- grades; and service carried out under the contract. cluding a list of critical components and (C) an assessment of whether and how any ‘‘(2) MAXIMUM PROBABLE LOSSES.— their expected service life and availability; related missions will be impacted if re- ‘‘(A) IN GENERAL.—The Administrator shall and sources are not secured at the level needed; determine the maximum probable losses ‘‘(iv) such other information as may be (6) the cost estimates for the maintenance under subparagraphs (A) and (B) of para- necessary to fully describe the justification of existing space communications network graph (1) not later than 90 days after the for and feasibility of extending the service capabilities necessary to meet the needs date that the provider requests such a deter- life of the ISS, including the potential sci- identified in paragraph (4); mination and submits all information the entific or technological benefits to the Fed- (7) the criteria for prioritizing resources Administrator requires. eral Government, public, or to academic or for the upgrades described in paragraph (5) ‘‘(B) REVISIONS.—The Administrator may commercial entities; and the maintenance described in paragraph revise a determination under subparagraph ‘‘(K) an identification of the necessary ac- (6); (A) of this paragraph if the Administrator tions and an estimate of the costs to deorbit (8) an estimate of any reimbursement determines the revision is warranted based the ISS once it has reached the end of its amounts the Administration may receive on new information. service life; from other Federal agencies; ‘‘(3) AMOUNT OF INSURANCE.—For the total ‘‘(L) the impact on deep space exploration (9) an identification of the projected claims related to one launch or reentry, a capabilities, including a crewed mission to Tracking and Data Relay Satellite System provider shall not be required to obtain in- Mars in the 2030s, if the preferred service life needs in the 20-year period following the date surance or demonstrate financial responsi- of the ISS is extended beyond 2024 and NASA of enactment of this Act, including in sup- bility of more than— maintains a flat budget profile; and port of relevant Federal agencies, and cost ‘‘(A)(i) $500,000,000 under paragraph (1)(A); ‘‘(M) an evaluation of the functions, roles, and schedule estimates to maintain and up- or and responsibilities for management and op- grade the Tracking and Data Relay Satellite ‘‘(ii) $100,000,000 under paragraph (1)(B); or eration of the ISS and a determination of— System to meet the projected needs; ‘‘(B) the maximum liability insurance ‘‘(i) those functions, roles, and responsibil- (10) the measures the Administration is available on the world market at reasonable ities the Federal Government should retain taking to meet space communications needs cost. during the lifecycle of the ISS; after all Tracking and Data Relay Satellite ‘‘(4) COVERAGE.—An insurance policy or ‘‘(ii) those functions, roles, and responsibil- System third-generation communications demonstration of financial responsibility ities that could be transferred to the com- satellites are operational; and under this subsection shall protect the fol- mercial space sector; (11) the measures the Administration is lowing, to the extent of their potential li- ‘‘(iii) the metrics that would indicate the taking to mitigate threats to electro- ability for involvement in launch services or commercial space sector’s readiness and magnetic spectrum use. reentry services: ability to assume the functions, roles, and (c) SCHEDULE.—Not later than 1 year after ‘‘(A) The Government. responsibilities described in clause (ii); and the date of enactment of this Act, the Ad- ‘‘(B) Personnel of the Government. ‘‘(iv) any necessary changes to any agree- ministrator shall submit the plan to the ap- ‘‘(C) Related entities of the Government. ments or other documents and the law to en- propriate committees of Congress. ‘‘(D) Related entities of the provider. able the activities described in subpara- SEC. 305. INDEMNIFICATION; NASA LAUNCH ‘‘(E) Government astronauts. graphs (A) and (B). SERVICES AND REENTRY SERVICES. ‘‘(d) NO INDEMNIFICATION WITHOUT CROSS- ‘‘(3) DEMONSTRATIONS.—If additional Gov- (a) IN GENERAL.—Subchapter III of chapter WAIVER.—Notwithstanding subsection (a), ernment crew, power, and transportation re- 201 of title 51, United States Code, is amend- the Administrator may not indemnify a pro- sources are available after meeting the Ad- ed by adding at the end the following: vider under this section unless there is a

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cross-waiver between the Administration ‘‘(5) RELATED ENTITY.—The term ‘related ‘‘(2) SPACE LAUNCH SYSTEM.—The term and the provider as described in subsection entity’ means a contractor or subcontractor. ‘Space Launch System’ means has the mean- (e). ‘‘(6) THIRD PARTY.—The term ‘third party’ ing given the term in section 3 of the Na- ‘‘(e) CROSS-WAIVERS.— means a person except— tional Aeronautics and Space Administra- ‘‘(1) IN GENERAL.—The Administrator, on ‘‘(A) the United States Government; tion Authorization Act of 2010 (42 U.S.C. behalf of the United States and its depart- ‘‘(B) related entities of the Government in- 18302).’’. ments, agencies, and instrumentalities, shall volved in launch services or reentry services; SEC. 414. STEPPING STONE APPROACH TO EX- reciprocally waive claims with a provider ‘‘(C) a provider; PLORATION. under which each party to the waiver agrees ‘‘(D) related entities of the provider in- Section 70504 of title 51, United States to be responsible, and agrees to ensure that volved in launch services or reentry services; Code, is amended to read as follows: its related entities are responsible, for dam- or ‘‘§ 70504. Stepping stone approach to explo- age or loss to its property, or for losses re- ‘‘(E) a government astronaut.’’. ration sulting from any injury or death sustained (b) CONFORMING AMENDMENT.—The table of by its employees or agents, as a result of ac- ‘‘(a) IN GENERAL.—The Administration— contents for subchapter III of chapter 201 of ‘‘(1) may conduct missions to intermediate tivities arising out of the performance of the title 51, United States Code, is amended by contract. destinations in sustainable steps in accord- inserting after the item relating to section ance with section 20302(b) of this title, and ‘‘(2) LIMITATION.—The waiver made by the 20147 the following: Government under paragraph (1) shall apply on a timetable determined by the avail- ‘‘20148. Indemnification; NASA launch serv- ability of funding, in order to achieve the ob- only to the extent that the claims are more ices and reentry services.’’. than the amount of insurance or demonstra- jective of human exploration of Mars speci- tion of financial responsibility required TITLE IV—ADVANCING HUMAN DEEP fied in section 202(b)(5) of the National Aero- under subsection (c)(1)(B). SPACE EXPLORATION nautics and Space Administration Author- ‘‘(f) WILLFUL MISCONDUCT.—Indemnifica- Subtitle A—Human Space Flight and ization Act of 2010 (42 U.S.C. 18312(b)(5)); and tion under subsection (a) may exclude claims Exploration Goals and Objectives ‘‘(2) shall incorporate any such missions resulting from the willful misconduct of the SEC. 411. HUMAN SPACE FLIGHT AND EXPLO- into the human exploration roadmap under provider or its related entities. RATION LONG-TERM GOALS. section 432 of the National Aeronautics and ‘‘(g) CERTIFICATION OF JUST AND REASON- Section 202(a) of the National Aeronautics Space Administration Transition Authoriza- ABLE AMOUNT.—No payment may be made and Space Administration Authorization Act tion Act of 2017. under subsection (a) unless the Adminis- of 2010 (42 U.S.C. 18312(a)) is amended to read ‘‘(b) COST-EFFECTIVENESS.—In order to trator or the Administrator’s designee cer- as follows: maximize the cost-effectiveness of the long- tifies that the amount is just and reasonable. ‘‘(a) LONG-TERM GOALS.—The long-term term space exploration and utilization ac- ‘‘(h) PAYMENTS.— goals of the human space flight and explo- tivities of the United States, the Adminis- ‘‘(1) IN GENERAL.—Upon the approval by the ration efforts of NASA shall be— trator shall take all necessary steps, includ- Administrator, payments under subsection ‘‘(1) to expand permanent human presence ing engaging international, academic, and (a) may be made from funds appropriated for beyond low-Earth orbit and to do so, where industry partners, to ensure that activities such payments. practical, in a manner involving inter- in the Administration’s human space explo- ‘‘(2) LIMITATION.—The Administrator shall national, academic, and industry partners; ration program balance how those activities not approve payments under paragraph (1), ‘‘(2) crewed missions and progress toward might also help meet the requirements of fu- except to the extent provided in an appro- achieving the goal in paragraph (1) to enable ture exploration and utilization activities priation law or to the extent additional leg- the potential for subsequent human explo- leading to human habitation on the surface islative authority is enacted providing for ration and the extension of human presence of Mars. such payments. throughout the solar system; and ‘‘(c) COMPLETION.—Within budgetary con- ‘‘(3) ADDITIONAL APPROPRIATIONS.—If the ‘‘(3) to enable a capability to extend siderations, once an exploration-related Administrator requests additional appropria- human presence, including potential human project enters its development phase, the Ad- tions to make payments under this sub- habitation on another celestial body and a ministrator shall seek, to the maximum ex- section, then the request for those appropria- thriving space economy in the 21st Cen- tent practicable, to complete that project tions shall be made in accordance with the tury.’’. without undue delays. procedures established under section 50915. SEC. 412. KEY OBJECTIVES. ‘‘(d) INTERNATIONAL PARTICIPATION.—In ‘‘(i) RULES OF CONSTRUCTION.— Section 202(b) of the National Aeronautics order to achieve the goal of successfully con- ‘‘(1) IN GENERAL.—The authority to indem- and Space Administration Authorization Act ducting a crewed mission to the surface of nify under this section shall not create any of 2010 (42 U.S.C. 18312(b)) is amended— Mars, the President may invite the United rights in third persons that would not other- (1) in paragraph (3), by striking ‘‘; and’’ and States partners in the ISS program and wise exist by law. inserting a semicolon; other nations, as appropriate, to participate ‘‘(2) OTHER AUTHORITY.—Nothing in this (2) in paragraph (4), by striking the period in an international initiative under the lead- section may be construed as prohibiting the ership of the United States.’’. Administrator from indemnifying a provider at the end and inserting ‘‘; and’’; and (3) by adding at the end the following: SEC. 415. UPDATE OF EXPLORATION PLAN AND or any other NASA contractor under other PROGRAMS. law, including under Public Law 85–804 (50 ‘‘(5) to achieve human exploration of Mars and beyond through the prioritization of Section 70502(2) of title 51, United States U.S.C. 1431 et seq.). Code, is amended to read as follows: ‘‘(3) ANTI-DEFICIENCY ACT.—Notwith- those technologies and capabilities best suit- ed for such a mission in accordance with the ‘‘(2) implement an exploration research standing any other provision of this sec- and technology development program to en- tion— stepping stone approach to exploration under able human and robotic operations con- ‘‘(A) all obligations under this section are section 70504 of title 51, United States sistent with section 20302(b) of this title;’’. subject to the availability of funds; and Code.’’. ‘‘(B) nothing in this section may be con- SEC. 413. VISION FOR SPACE EXPLORATION. SEC. 416. REPEALS. strued to require obligation or payment of Section 20302 of title 51, United States (a) SPACE SHUTTLE CAPABILITY ASSUR- funds in violation of sections 1341, 1342, 1349 Code, is amended— ANCE.—Section 203 of the National Aero- through 1351, and 1511 through 1519 of title (1) in subsection (a), by inserting ‘‘in cis- nautics and Space Administration Author- 31, United States Code (commonly referred lunar space or’’ after ‘‘sustained human pres- ization Act of 2010 (42 U.S.C. 18313) is amend- to as the ‘Anti-Deficiency Act’). ence’’; ed— ‘‘(j) RELATIONSHIP TO OTHER LAWS.—The (2) by amending subsection (b) to read as (1) by striking subsection (b); Administrator may not provide indemnifica- follows: (2) in subsection (d), by striking ‘‘sub- tion under this section for an activity that ‘‘(b) FUTURE EXPLORATION OF MARS.—The section (c)’’ and inserting ‘‘subsection (b)’’; requires a license or permit under chapter Administrator shall manage human space and 509. flight programs, including the Space Launch (3) by redesignating subsections (c) and (d) ‘‘(k) DEFINITIONS.—In this section: System and Orion, to enable humans to ex- as subsections (b) and (c), respectively. ‘‘(1) GOVERNMENT ASTRONAUT.—The term plore Mars and other destinations by defin- (b) SHUTTLE PRICING POLICY FOR COMMER- ‘government astronaut’ has the meaning ing a series of sustainable steps and con- CIAL AND FOREIGN USERS.—Chapter 703 of given the term in section 50902. ducting mission planning, research, and title 51, United States Code, and the item re- ‘‘(2) LAUNCH SERVICES.—The term ‘launch technology development on a timetable that lating to that chapter in the table of chap- services’ has the meaning given the term in is technically and fiscally possible, con- ters for that title, are repealed. section 50902. sistent with section 70504.’’; and (c) SHUTTLE PRIVATIZATION.—Section 50133 ‘‘(3) PROVIDER.—The term ‘provider’ means (3) by adding at the end the following: of title 51, United States Code, and the item a person that provides domestic launch serv- ‘‘(c) DEFINITIONS.—In this section: relating to that section in the table of sec- ices or domestic reentry services to the Gov- ‘‘(1) ORION.—The term ‘Orion’ means the tions for chapter 501 of that title, are re- ernment. multipurpose crew vehicle described under pealed. ‘‘(4) REENTRY SERVICES.—The term ‘reentry section 303 of the National Aeronautics and SEC. 417. ASSURED ACCESS TO SPACE. services’ has the meaning given the term in Space Administration Authorization Act of Section 70501 of title 51, United States section 50902. 2010 (42 U.S.C. 18323). Code, is amended—

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(1) by amending subsection (a) to read as sions, using them beginning with the (g) OTHER USES.—The Administrator shall follows: uncrewed mission, EM–1, planned for 2018, assess the utility of the Space Launch Sys- ‘‘(a) POLICY STATEMENT.—In order to en- followed by the crewed mission, EM–2, in cis- tem for use by the science community and sure continuous United States participation lunar space planned for 2021, and for subse- for other Federal Government launch needs, and leadership in the exploration and utiliza- quent missions beginning with EM–3 extend- including consideration of overall cost and tion of space and as an essential instrument ing into cis-lunar space and eventually to schedule savings from reduced transit times of national security, it is the policy of the Mars; United States to maintain an uninterrupted (4) the President’s annual budget requests and increased science returns enabled by the capability for human space flight and oper- for the Space Launch System and Orion de- unique capabilities of the Space Launch Sys- ations— velopment, test, and operational phases tem. ‘‘(1) in low-Earth orbit; and should strive to accurately reflect the re- (h) UTILIZATION REPORT.— ‘‘(2) beyond low-Earth orbit once the capa- source requirements of each of those phases; (1) IN GENERAL.—The Administrator, in bilities described in section 421(f) of the Na- (5) the fully integrated Space Launch Sys- consultation with the Secretary of Defense tional Aeronautics and Space Administra- tem, including an upper stage needed to go and the Director of National Intelligence, tion Transition Authorization Act of 2017 be- beyond low-Earth orbit, will safely enable shall prepare a report that addresses the ef- come available.’’; and human space exploration of the Moon, Mars, fort and budget required to enable and uti- (2) in subsection (b), by striking ‘‘Com- and beyond; and lize a cargo variant of the 130-ton Space mittee on Science and Technology of the (6) the Administrator should budget for Launch System configuration described in House of Representatives and the Committee and undertake a robust ground test and section 302(c) of the National Aeronautics on Commerce, Science, and Transportation uncrewed and crewed flight test and dem- and Space Administration Authorization Act of the Senate describing the progress being onstration program for the Space Launch of 2010 (42 U.S.C. 18322(c)). made toward developing the Crew Explo- System and Orion in order to promote safety (2) CONTENTS.—In preparing the report, the ration Vehicle and the Crew Launch Vehi- and reduce programmatic risk. Administrator shall— cle’’ and inserting ‘‘Committee on Com- (d) IN GENERAL.—The Administrator shall (A) consider the technical requirements of merce, Science, and Transportation of the continue the development of the fully inte- the scientific and national security commu- Senate and the Committee on Science, grated Space Launch System, including an nities related to a cargo variant of the Space Space, and Technology of the House of Rep- upper stage needed to go beyond low-Earth Launch System; and resentatives describing the progress being orbit, in order to safely enable human space (B) directly assess the utility and esti- made toward developing the Space Launch exploration of the Moon, Mars, and beyond mated cost savings obtained by using a cargo System and Orion’’. over the course of the next century as re- variant of the Space Launch System for na- Subtitle B—Assuring Core Capabilities for quired in section 302(c) of the National Aero- tional security and space science missions. nautics and Space Administration Author- Exploration (3) SUBMISSION TO CONGRESS.—Not later SEC. 421. SPACE LAUNCH SYSTEM, ORION, AND ization Act of 2010 (42 U.S.C. 18322(c)). than 180 days after the date of enactment of EXPLORATION GROUND SYSTEMS. (e) REPORT.— this Act, the Administrator shall submit the (a) FINDINGS.—Congress makes the fol- (1) IN GENERAL.—Not later than 60 days report to the appropriate committees of Con- lowing findings: after the date of enactment of this Act, the gress. (1) NASA has made steady progress in de- Administrator shall submit to the appro- veloping and testing the Space Launch Sys- priate committees of Congress a report ad- Subtitle C—Journey to Mars tem and Orion exploration systems with the dressing the ability of Orion to meet the successful Exploration Flight Test of Orion needs and the minimum capability require- SEC. 431. FINDINGS ON HUMAN SPACE EXPLO- RATION. in December of 2014, the final qualification ments described in section 303(b)(3) of the test firing of the 5-segment Space Launch National Aeronautics and Space Administra- Congress makes the following findings: System boosters in June 2016, and a full tion Authorization Act of 2010 (42 U.S.C. (1) In accordance with section 204 of the thrust, full duration test firing of the RS–25 18323(b)(3)). National Aeronautics and Space Administra- Space Launch System core stage engine in (2) CONTENTS.—The report shall detail— tion Authorization Act of 2010 (124 Stat. August 2016. (A) those components and systems of Orion 2813), the National Academies of Sciences, (2) Through the 21st Century Launch Com- that ensure it is in compliance with section Engineering, and Medicine, through its Com- plex program and Exploration Ground Sys- 303(b)(3) of that Act (42 U.S.C. 18323(b)(3)); mittee on Human Spaceflight, conducted a tems programs, NASA has made significant (B) the expected date that Orion, inte- review of the goals, core capabilities, and di- progress in transforming exploration ground grated with a vehicle other than the Space rection of human space flight, and published systems infrastructure to meet NASA’s mis- Launch System, could be available to trans- the findings and recommendations in a 2014 sion requirements for the Space Launch Sys- port crew and cargo to the ISS; report entitled, ‘‘Pathways to Exploration: tem and Orion and to modernize NASA’s (C) any impacts to the deep space explo- Rationales and Approaches for a U.S. Pro- launch complexes to the benefit of the civil, ration missions under subsection (f) of this gram of Human Space Exploration’’. defense, and commercial space sectors. section due to enabling Orion to meet the (2) The Committee on Human Spaceflight (b) SPACE LAUNCH SYSTEM.— minimum capability requirements described included leaders from the aerospace, sci- (1) SENSE OF CONGRESS.—It is the sense of in section 303(b)(3) of that Act (42 U.S.C. entific, security, and policy communities. Congress that use of the Space Launch Sys- 18323(b)(3)) and conducting the mission de- (3) With input from the public, the Com- tem and Orion, with contributions from part- scribed in subparagraph (B) of this para- mittee on Human Spaceflight concluded that nerships with the private sector, academia, graph; and many practical and aspirational rationales and the international community, is the (D) the overall cost and schedule impacts for human space flight together constitute a most practical approach to reaching the associated with enabling Orion to meet the compelling case for continued national in- Moon, Mars, and beyond. minimum capability requirements described vestment and pursuit of human space explo- (2) REAFFIRMATION.—Congress reaffirms in section 303(b)(3) of that Act (42 U.S.C. ration toward the horizon goal of Mars. the policy and minimum capability require- 18323(b)(3)) and conducting the mission de- (4) According to the Committee on Human ments for the Space Launch System under scribed in subparagraph (B) of this para- Spaceflight, the rationales include economic section 302 of the National Aeronautics and graph. benefits, national security, national pres- Space Administration Authorization Act of (f) EXPLORATION MISSIONS.—The Adminis- tige, inspiring students and other citizens, 2010 (42 U.S.C. 18322). trator shall continue development of— scientific discovery, human survival, and a (c) SENSE OF CONGRESS ON SPACE LAUNCH (1) an uncrewed exploration mission to sense of shared destiny. SYSTEM, ORION, AND EXPLORATION GROUND demonstrate the capability of both the Space (5) The Committee on Human Spaceflight SYSTEMS.—It is the sense of Congress that— Launch System and Orion as an integrated affirmed that Mars is the appropriate long- (1) as the United States works to send hu- system by 2018; term goal for the human space flight pro- mans on a series of missions to Mars in the (2) subject to applicable human rating gram. 2030s, the United States national space pro- processes and requirements, a crewed explo- (6) The Committee on Human Spaceflight gram should continue to make progress on ration mission to demonstrate the Space recommended that NASA define a series of its commitment by fully developing the Launch System, including the Core Stage sustainable steps and conduct mission plan- Space Launch System, Orion, and related and Exploration Upper Stages, by 2021; ning and technology development as needed Exploration Ground Systems; (3) subsequent missions beginning with to achieve the long-term goal of placing hu- (2) using the Space Launch System and EM–3 at operational flight rate sufficient to mans on the surface of Mars. Orion for a wide range of contemplated mis- maintain safety and operational readiness (7) Expanding human presence beyond low- sions will facilitate the national defense, using the Space Launch System and Orion to Earth orbit and advancing toward human science, and exploration objectives of the extend into cis-lunar space and eventually to missions to Mars requires early planning and United States; Mars; and timely decisions to be made in the near-term (3) the United States should have con- (4) a deep space habitat as a key element in on the necessary courses of action for com- tinuity of purpose for the Space Launch Sys- a deep space exploration architecture along mitments to achieve short-term and long- tem and Orion in deep space exploration mis- with the Space Launch System and Orion. term goals and objectives.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1406 CONGRESSIONAL RECORD — SENATE February 17, 2017 (8) In addition to the 2014 report described (G) mitigation plans, whenever possible, to (I) any risks to human health and sensitive in paragraph (1), there are several independ- address the risks identified in subparagraph onboard technologies, including radiation ently developed reports or concepts that de- (F); exposure; scribe potential Mars architectures or con- (H) a description of those technologies al- (J) any risks identified through research cepts and identify Mars as the long-term ready under development across the Federal outcomes under the NASA Human Research goal for human space exploration, including Government or by other entities that facili- Program’s Behavioral Health Element; and NASA’s ‘‘The Global Exploration Roadmap’’ tate the goals and objectives developed (K) the recommendations and ideas of sev- of 2013, ‘‘NASA’s Journey to Mars–Pio- under subparagraph (A); eral independently developed reports or con- neering Next Steps in Space Exploration’’ of (I) a specific process for the evolution of cepts that describe potential Mars architec- 2015, NASA Jet Propulsion Laboratory’s the capabilities of the fully integrated Orion tures or concepts and identify Mars as the ‘‘Minimal Architecture for Human Journeys with the Space Launch System and a de- long-term goal for human space exploration, to Mars’’ of 2015, and Explore Mars’ ‘‘The Hu- scription of how these systems facilitate the including the reports described under section mans to Mars Report 2016’’. goals and objectives developed under sub- 431. (4) CRITICAL DECISION PLAN ON HUMAN SPACE SEC. 432. HUMAN EXPLORATION ROADMAP. paragraph (A) and demonstrate the capabili- ties and technologies described in subpara- EXPLORATION.—As part of the human explo- (a) SENSE OF CONGRESS.—It is the sense of graph (D); ration roadmap, the Administrator shall in- Congress that— (J) a description of the capabilities and clude a critical decision plan— (1) expanding human presence beyond low- technologies that need to be demonstrated or (A) identifying and defining key decisions Earth orbit and advancing toward human research data that could be gained through guiding human space exploration priorities missions to Mars in the 2030s requires early the utilization of the ISS and the status of and plans that need to be made before June strategic planning and timely decisions to be 30, 2020, including decisions that may guide the development of such capabilities and made in the near-term on the necessary human space exploration capability develop- technologies; courses of action for commitments to ment, precursor missions, long-term mis- (K) a framework for international coopera- achieve short-term and long-term goals and sions, and activities; tion in the development of all capabilities objectives; (B) defining decisions needed to maximize and technologies identified under this sec- (2) for strong and sustained United States efficiencies and resources for reaching the tion, including an assessment of the risks leadership, a need exists to advance a human near, intermediate, and long-term goals and posed by relying on international partners exploration roadmap, addressing exploration objectives of human space exploration; and for capabilities and technologies on the crit- objectives in collaboration with inter- (C) identifying and defining timelines and ical path of development; national, academic, and industry partners; milestones for a sustainable cadence of mis- (L) a process for partnering with non- (3) an approach that incrementally ad- sions beginning with EM–3 for the Space vances toward a long-term goal is one in governmental entities using Space Act Launch System and Orion to extend human which nearer-term developments and imple- Agreements or other acquisition instruments exploration from cis-lunar space to the sur- mentation would influence future develop- for future human space exploration; and face of Mars. (M) include information on the phasing of ment and implementation; and (5) REPORTS.— planned intermediate destinations, Mars (4) a human exploration roadmap should (A) INITIAL HUMAN EXPLORATION ROADMAP.— begin with low-Earth orbit, then address in mission risk areas and potential risk mitiga- The Administrator shall submit to the ap- greater detail progress beyond low-Earth tion approaches, technology requirements propriate committees of Congress— orbit to cis-lunar space, and then address fu- and phasing of required technology develop- (i) an initial human exploration roadmap, ture missions aimed at human arrival and ment activities, the management strategy to including a critical decision plan, before De- activities near and then on the surface of be followed, related ISS activities, planned cember 1, 2017; and Mars. international collaborative activities, poten- (ii) an updated human exploration roadmap tial commercial contributions, and other ac- (b) HUMAN EXPLORATION ROADMAP.— periodically as the Administrator considers tivities relevant to the achievement of the (1) IN GENERAL.—The Administrator shall necessary but not less than biennially. goal established in this section. develop a human exploration roadmap, in- (B) CONTENTS.—Each human exploration (3) CONSIDERATIONS.—In developing the cluding a critical decision plan, to expand roadmap under this paragraph shall include human exploration roadmap, the Adminis- human presence beyond low-Earth orbit to a description of— trator shall consider— the surface of Mars and beyond, considering (i) the achievements and goals accom- (A) using key exploration capabilities, potential interim destinations such as cis- plished in the process of developing such ca- namely the Space Launch System and Orion; lunar space and the moons of Mars. pabilities and technologies during the 2-year (B) using existing commercially available (2) SCOPE.—The human exploration road- period prior to the submission of the human technologies and capabilities or those tech- map shall include— exploration roadmap; and (A) an integrated set of exploration, nologies and capabilities being developed by (ii) the expected goals and achievements in science, and other goals and objectives of a industry for commercial purposes; the following 2- year period. United States human space exploration pro- (C) establishing an organizational ap- (C) SUBMISSION WITH BUDGET.—Each human gram to achieve the long-term goal of human proach to ensure collaboration and coordina- exploration roadmap under this section shall missions near or on the surface of Mars in tion among NASA’s Mission Directorates be included in the budget for that fiscal year the 2030s; under section 821, when appropriate, includ- transmitted to Congress under section (B) opportunities for international, aca- ing to collect and return to Earth a sample 1105(a) of title 31, United States Code. demic, and industry partnerships for explo- from the Martian surface; SEC. 433. ADVANCED SPACE SUIT CAPABILITY. ration-related systems, services, research, (D) building upon the initial uncrewed mis- Not later than 90 days after the date of en- and technology if those opportunities pro- sion, EM–1, and first crewed mission, EM–2, actment of this Act, the Administrator shall vide cost-savings, accelerate program sched- of the Space Launch System and Orion to es- submit to the appropriate committees of ules, or otherwise benefit the goals and ob- tablish a sustainable cadence of missions ex- Congress a detailed plan for achieving an ad- jectives developed under subparagraph (A); tending human exploration missions into cis- vanced space suit capability that aligns with (C) sets and sequences of precursor mis- lunar space, including anticipated timelines the crew needs for exploration enabled by sions in cis-lunar space and other missions and milestones; the Space Launch System and Orion, includ- or activities necessary— (E) developing the robotic and precursor ing an evaluation of the merit of delivering (i) to demonstrate the proficiency of the missions and activities that will dem- the planned suit system for use on the ISS. capabilities and technologies identified onstrate, test, and develop key technologies SEC. 434. ASTEROID ROBOTIC REDIRECT MIS- under subparagraph (D); and and capabilities essential for achieving SION. (ii) to meet the goals and objectives devel- human missions to Mars, including long-du- (a) FINDINGS.—Congress makes the fol- oped under subparagraph (A), including an- ration human operations beyond low-Earth lowing findings: ticipated timelines and missions for the orbit, space suits, solar electric propulsion, (1) NASA initially estimated that the As- Space Launch System and Orion; deep space habitats, environmental control teroid Robotic Redirect Mission would (D) an identification of the specific capa- life support systems, Mars lander and ascent launch in December 2020 and cost no more bilities and technologies, including the vehicle, entry, descent, landing, ascent, Mars than $1,250,000,000, excluding launch and op- Space Launch System, Orion, a deep space surface systems, and in-situ resource utiliza- erations. habitat, and other capabilities, that facili- tion; (2) On July 15, 2016, NASA conducted its tate the goals and objectives developed (F) demonstrating and testing 1 or more Key Decision Point–B review of the Asteroid under subparagraph (A); habitat modules in cis-lunar space to prepare Robotic Redirect Mission or approval for (E) a description of how cis-lunar elements, for Mars missions; Phase B in mission formulation. objectives, and activities advance the human (G) using public-private, firm fixed-price (3) During the Key Decision Point–B re- exploration of Mars; partnerships, where practicable; view, NASA estimated that costs have grown (F) an assessment of potential human (H) collaborating with international, aca- to $1,400,000,000 excluding launch and oper- health and other risks, including radiation demic, and industry partners, when appro- ations for a launch in December 2021 and the exposure; priate; agency must evaluate whether to accept the

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1407 increase or reduce the Asteroid Robotic Re- SEC. 435. MARS 2033 REPORT. vide medical monitoring, diagnosis, and direct Mission’s scope to stay within the cost (a) IN GENERAL.—Not later than 120 days treatment to former United States govern- cap set by the Administrator. after the date of enactment of this Act, the ment astronauts for psychological and med- (4) In April 2015, the NASA Advisory Coun- Administrator shall contract with an inde- ical conditions associated with human space cil— pendent, non-governmental systems engi- flight. (A) issued a finding that— neering and technical assistance organiza- (b) SENSE OF CONGRESS.—It is the sense of (i) high-performance solar electric propul- tion to study a Mars human space flight mis- Congress that— sion will likely be an important part of an sion to be launched in 2033. (1) the United States should continue to architecture to send humans to Mars; and (b) CONTENTS.—The study shall include— seek the unknown and lead the world in (ii) maneuvering a large test mass is not (1) a technical development, test, fielding, space exploration and scientific discovery as necessary to provide a valid in-space test of and operations plan using the Space Launch the Administration prepares for long-dura- a new solar electric propulsion stage; System, Orion, and other systems to success- tion and exploration space flight in deep (B) determined that a solar electric propul- fully launch such a Mars human space flight space and an eventual mission to Mars; sion mission will contribute more directly to mission by 2033; (2) data relating to the health of astro- the goal of sending humans to Mars if the (2) an annual budget profile, including cost nauts will become increasingly valuable to mission is focused entirely on development estimates, for the technical development, improving our understanding of many dis- and validation of the solar electric propul- test, fielding, and operations plan to carry eases humans face on Earth; sion stage; and out a Mars human space flight mission by (3) the Administration should provide the (C) determined that other possible motiva- 2033; and type of monitoring, diagnosis, and treatment tions for acquiring and maneuvering a boul- (3) a comparison of the annual budget pro- described in subsection (a) only for condi- der, such as asteroid science and planetary file to the 5-year budget profile contained in tions the Administration considers unique to defense, do not have value commensurate the President’s budget request for fiscal year the training or exposure to the space flight with their probable cost. 2017 under section 1105 of title 31, United environment of United States government (5) The Asteroid Robotic Redirect Mission States Code. astronauts and should not require any is competing for resources with other crit- (c) REPORT.—Not later than 180 days after former United States Government astro- ical exploration development programs, in- the date of enactment of this Act, the Ad- nauts to participate in the Administration’s cluding the Space Launch System, Orion, ministrator shall submit to the appropriate monitoring; commercial crew, and a habitation module. committees of Congress a report on the (4) such monitoring, diagnosis, and treat- (6) In 2014, the NASA Advisory Council rec- study, including findings and recommenda- ment should not replace a former United ommended that NASA conduct an inde- tions regarding the Mars 2033 human space States government astronaut’s private pendent cost and technical assessment of the flight mission described in subsection (a). health insurance; (d) ASSESSMENT.—Not later than 60 days Asteroid Robotic Redirect Mission. (5) expanded data acquired from such moni- after the date the report is submitted under (7) In 2015, the NASA Advisory Council rec- toring, diagnosis, and treatment should be subsection (c), the Administrator shall sub- ommended that NASA preserve the following used to tailor treatment, inform the require- mit to the appropriate committees of Con- key objectives if the program needed to be ments for new space flight medical hard- gress an assessment by the NASA Advisory descoped: ware, and develop controls in order to pre- Council of whether the proposal for a Mars (A) Development of high power solar elec- vent disease occurrence in the astronaut human space flight mission to be launched in tric propulsion. corps; and 2033 is in the strategic interests of the (B) Ability to maneuver in a low gravity (6) the 340-day space mission of Scott Kelly United States in space exploration. environment in deep space. aboard the ISS— (8) In January 2015 and July 2015, the Subtitle D—TREAT Astronauts Act (A) was pivotal for the goal of the United NASA Advisory Council expressed its con- SEC. 441. SHORT TITLE. States for humans to explore deep space and cern to NASA about the potential for grow- This subtitle may be cited as the ‘‘To Re- Mars as the mission generated new insight ing costs for the program and highlighted search, Evaluate, Assess, and Treat Astro- into how the human body adjusts to that choices would need to be made about nauts Act’’ or the ‘‘TREAT Astronauts Act’’. weightlessness, isolation, radiation, and the the program’s content. SEC. 442. FINDINGS; SENSE OF CONGRESS. stress of long-duration space flight; and (a) FINDINGS.—Congress makes the fol- (B) will help support the physical and men- (b) SENSE OF CONGRESS.—It is the sense of tal well-being of astronauts during longer Congress that— lowing findings: (1) Human space exploration can pose sig- space exploration missions in the future. (1) the technological and scientific goals of SEC. 443. MEDICAL MONITORING AND RESEARCH the Asteroid Robotic Redirect Mission have nificant challenges and is full of substantial risk, which has ultimately claimed the lives RELATING TO HUMAN SPACE not been demonstrated to Congress to be FLIGHT. of 24 NASA astronauts serving in the line of commensurate with the cost; and (a) IN GENERAL.—Subchapter III of chapter duty. (2) alternative missions may provide a 201 of title 51, United States Code, as amend- (2) As United States government astro- more cost effective and scientifically bene- ed by section 305 of this Act, is further nauts participate in long-duration and explo- ficial means to demonstrate the technologies amended by adding at the end the following: needed for a human mission to Mars that ration space flight missions they may experi- ence increased health risks, such as vision ‘‘§ 20149. Medical monitoring and research re- would otherwise be demonstrated by the As- lating to human space flight teroid Robotic Redirect Mission. impairment, bone demineralization, and be- havioral health and performance risks, and ‘‘(a) IN GENERAL.—Notwithstanding any (c) EVALUATION AND REPORT.—Not later may be exposed to galactic cosmic radiation. other provision of law, the Administrator than 180 days after the date of enactment of Exposure to high levels of radiation and may provide for— this Act, the Administrator shall— microgravity can result in acute and long- ‘‘(1) the medical monitoring and diagnosis (1) conduct an evaluation of— term health consequences that can increase of a former United States government astro- (A) alternative approaches to the Asteroid the risk of cancer and tissue degeneration naut or a former payload specialist for condi- Robotic Redirect Mission for demonstrating and have potential effects on the musculo- tions that the Administrator considers po- the technologies and capabilities needed for skeletal system, central nervous system, tentially associated with human space flight; a human mission to Mars that would other- cardiovascular system, immune function, and wise be demonstrated by the Asteroid and vision. ‘‘(2) the treatment of a former United Robotic Redirect Mission; (3) To advance the goal of long-duration States government astronaut or a former (B) the scientific and technical benefits of and exploration space flight missions, United payload specialist for conditions that the the alternative approaches under subpara- States government astronaut Scott Kelly Administrator considers associated with graph (A) to future human space exploration participated in a 1-year twins study in space human space flight, including scientific and compared to scientific and technical benefits while his identical twin brother, former medical tests for psychological and medical of the Asteroid Redirect Robotic Mission; United States government astronaut Mark conditions. (C) the commercial benefits of the alter- Kelly, acted as a human control specimen on ‘‘(b) REQUIREMENTS.— native approaches identified in subparagraph Earth, providing an understanding of the ‘‘(1) NO COST SHARING.—The medical moni- (A), including the impact on the develop- physical, behavioral, microbiological, and toring, diagnosis, or treatment described in ment of domestic solar electric propulsion molecular reaction of the human body to an subsection (a) shall be provided without any technology to bolster United States competi- extended period of time in space. deductible, copayment, or other cost sharing tiveness in the global marketplace; and (4) Since the Administration currently pro- obligation. (D) a comparison of the estimated costs of vides medical monitoring, diagnosis, and ‘‘(2) ACCESS TO LOCAL SERVICES.—The med- the alternative approaches identified in sub- treatment for United States government as- ical monitoring, diagnosis, and treatment paragraph (A); and tronauts during their active employment, described in subsection (a) may be provided (2) submit to the appropriate committees given the unknown long-term health con- by a local health care provider if it is of Congress a report on the evaluation under sequences of long-duration space explo- unadvisable due to the health of the applica- paragraph (1), including any recommenda- ration, the Administration has requested ble former United States government astro- tions. statutory authority from Congress to pro- naut or former payload specialist for that

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1408 CONGRESSIONAL RECORD — SENATE February 17, 2017 former United States government astronaut accordance with subsection (d). Former contributes to a robust and productive or former payload specialist to travel to the United States government astronaut or science program and serves as a catalyst for Lyndon B. Johnson Space Center, as deter- former payload specialist participation in innovation and discovery; and mined by the Administrator. medical monitoring, diagnosis, or treatment (2) the Administrator should set science ‘‘(3) SECONDARY PAYMENT.—Payment or re- under subsection (a) shall constitute consent priorities by following the guidance provided imbursement for the medical monitoring, di- for the Administrator to use or disclose such by the scientific community through the Na- agnosis, or treatment described in subsection data.’’. tional Academies of Sciences, Engineering, (a) shall be secondary to any obligation of (b) TABLE OF CONTENTS.—The table of con- and Medicine’s decadal surveys. the United States Government or any third tents for chapter 201 of title 51, United (b) POLICY.—It is the policy of the United party under any other provision of law or States Code, as amended by section 305 of States to ensure, to the extent practicable, a contractual agreement to pay for or provide this Act, is further amended by inserting steady cadence of large, medium, and small such medical monitoring, diagnosis, or treat- after the item relating to section 20148 the science missions. following: ment. Any costs for items and services that SEC. 502. PLANETARY SCIENCE. may be provided by the Administrator for ‘‘20149. Medical monitoring and research re- (a) FINDINGS.—Congress finds that— medical monitoring, diagnosis, or treatment lating to human space flight.’’. (1) Administration support for planetary under subsection (a) that are not paid for or (c) ANNUAL REPORTS.— science is critical to enabling greater under- provided under such other provision of law or (1) IN GENERAL.—Each fiscal year, not later standing of the solar system and the origin contractual agreement, due to the applica- than the date of submission of the Presi- of the Earth; tion of deductibles, copayments, coinsur- dent’s annual budget request for that fiscal (2) the United States leads the world in ance, other cost sharing, or otherwise, are year under section 1105 of title 31, United planetary science and can augment its suc- reimbursable by the Administrator on behalf States Code, the Administrator shall publish cess in that area with appropriate inter- of the former United States government as- a report, in accordance with applicable Fed- national, academic, and industry partner- tronaut or former payload specialist in- eral privacy laws, on the activities of the Ad- ships; volved to the extent such items or services ministration under section 20149 of title 51, (3) a mix of small, medium, and large plan- are authorized to be provided by the Admin- United States Code. etary science missions is required to sustain istrator for such medical monitoring, diag- ONTENTS.—Each report under para- (2) C a steady cadence of planetary exploration; nosis, or treatment under subsection (a). graph (1) shall include a detailed cost ac- and ‘‘(4) CONDITIONAL PAYMENT.—The Adminis- counting of the Administration’s activities (4) robotic planetary exploration is a key trator may provide for conditional payments under section 20149 of title 51, United States component of preparing for future human ex- for or provide medical monitoring, diagnosis, Code, and a 5-year budget estimate. ploration. or treatment described in subsection (a) that (3) SUBMISSION TO CONGRESS.—The Admin- (b) MISSION PRIORITIES.— is obligated to be paid for or provided by the istrator shall submit to the appropriate com- (1) IN GENERAL.—In accordance with the United States or any third party under any mittees of Congress each report under para- priorities established in the most recent other provision of law or contractual agree- graph (1) not later than the date of submis- Planetary Science Decadal Survey, the Ad- ment to pay for or provide such medical sion of the President’s annual budget request ministrator shall ensure, to the greatest ex- monitoring, diagnosis, or treatment if— for that fiscal year under section 1105 of title tent practicable, the completion of a bal- ‘‘(A) payment for (or the provision of) such 31, United States Code. anced set of Discovery, New Frontiers, and medical monitoring, diagnosis, or treatment (d) COST ESTIMATE.— Flagship missions at the cadence rec- services has not been made (or provided) or (1) REQUIREMENT.—Not later than 90 days cannot reasonably be expected to be made after the date of enactment of this Act, the ommended by the most recent Planetary (or provided) promptly by the United States Administrator shall enter into an arrange- Science Decadal Survey. or such third party, respectively; and ment with an independent external organiza- (2) MISSION PRIORITY ADJUSTMENTS.—Con- ‘‘(B) such payment (or such provision of tion to undertake an independent cost esti- sistent with the set of missions described in services) by the Administrator is conditioned mate of the cost to the Administration and paragraph (1), and while maintaining the on reimbursement by the United States or the Federal Government to implement and continuity of scientific data and steady de- such third party, respectively, for such med- administer the activities of the Administra- velopment of capabilities and technologies, ical monitoring, diagnosis, or treatment. tion under section 20149 of title 51, United the Administrator may seek, if necessary, adjustments to mission priorities, schedule, ‘‘(c) EXCLUSIONS.—The Administrator may States Code. The independent external orga- not— nization may not be a NASA entity, such as and scope in light of changing budget projec- ‘‘(1) provide for medical monitoring or di- the Office of Safety and Mission Assurance. tions. agnosis of a former United States govern- (2) SUBMITTAL TO CONGRESS.—Not later SEC. 503. JAMES WEBB SPACE TELESCOPE. ment astronaut or former payload specialist than 1 year after the date of the enactment It is the sense of Congress that— under subsection (a) for any psychological or of this Act, the Administrator shall submit (1) the James Webb Space Telescope will— medical condition that is not potentially as- to the appropriate committees of Congress (A) significantly advance our under- sociated with human space flight; the independent cost estimate under para- standing of star and planet formation, and ‘‘(2) provide for treatment of a former graph (1). improve our knowledge of the early universe; United States government astronaut or (e) PRIVACY STUDY.— and former payload specialist under subsection (1) STUDY.—The Administrator shall carry (B) support United States leadership in as- (a) for any psychological or medical condi- out a study on any potential privacy or legal trophysics; tion that is not associated with human space issues related to the possible sharing beyond (2) consistent with annual Government Ac- flight; or the Federal Government of data acquired countability Office reviews of the James ‘‘(3) require a former United States govern- under the activities of the Administration Webb Space Telescope program, the Admin- ment astronaut or former payload specialist under section 20149 of title 51, United States istrator should continue robust surveillance to participate in the medical monitoring, di- Code. of the performance of the James Webb Space agnosis, or treatment authorized under sub- (2) REPORT.—Not later than 270 days after Telescope project and continue to improve section (a). the date of enactment of this Act, the Ad- the reliability of cost estimates and con- ‘‘(d) PRIVACY.—Consistent with applicable ministrator shall submit to the appropriate tractor performance data and other major provisions of Federal law relating to privacy, committees of Congress a report containing space flight projects in order to enhance the Administrator shall protect the privacy the results of the study carried out under NASA’s ability to successfully deliver the of all medical records generated under sub- paragraph (1). James Webb Space Telescope on-time and section (a) and accessible to the Administra- (f) INSPECTOR GENERAL AUDIT.—The Inspec- within budget; tion. tor General of NASA shall periodically audit (3) the on-time and on-budget delivery of ‘‘(e) REGULATIONS.—The Administrator or review, as the Inspector General considers the James Webb Space Telescope is a high shall promulgate such regulations as are necessary to prevent waste, fraud, and abuse, congressional priority; and necessary to carry out this section. the activities of the Administration under (4) the Administrator should ensure that ‘‘(f) DEFINITION OF UNITED STATES GOVERN- section 20149 of title 51, United States Code. integrated testing is appropriately timed and MENT ASTRONAUT.—In this section, the term sufficiently comprehensive to enable poten- ‘United States government astronaut’ has TITLE V—ADVANCING SPACE SCIENCE tial issues to be identified and addressed the meaning given the term ‘government as- SEC. 501. MAINTAINING A BALANCED SPACE early enough to be handled within the James tronaut’ in section 50902, except it does not SCIENCE PORTFOLIO. Webb Space Telescope’s development sched- include an individual who is an international (a) SENSE OF CONGRESS ON SCIENCE PORT- partner astronaut. FOLIO.—Congress reaffirms the sense of Con- ule and prior to its launch. ‘‘(g) DATA USE AND DISCLOSURE.—The Ad- gress that— SEC. 504. WIDE-FIELD INFRARED SURVEY TELE- ministrator may use or disclose data ac- (1) a balanced and adequately funded set of SCOPE. quired in the course of medical monitoring, activities, consisting of research and anal- (a) SENSE OF CONGRESS.—It is the sense of diagnosis, or treatment of a former United ysis grant programs, technology develop- Congress that— States government astronaut or a former ment, suborbital research activities, and (1) the Wide-Field Infrared Survey Tele- payload specialist under subsection (a), in small, medium, and large space missions, scope (referred to in this section as

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1409 ‘‘WFIRST’’) mission has the potential to en- (B) identify the most promising research in tries to discover hazardous asteroids and able scientific discoveries that will trans- the field; comets, plan a mitigation strategy, and im- form our understanding of the universe; and (C) indicate the extent to which the mis- plement that strategy in the event of the (2) the Administrator, to the extent prac- sion priorities in existing decadal surveys discovery of an object on a likely collision ticable, should make progress on the tech- address the key extrasolar planet research course with Earth. nologies and capabilities needed to position and exploration goals; ‘‘(f) ANNUAL REPORTS.—After the initial re- the Administration to meet the objectives, (D) identify opportunities for coordination port under subsection (e), the Administrator as outlined in the 2010 National Academies’ with international partners, commercial shall annually transmit to the Committee on Astronomy and Astrophysics Decadal Sur- partners, and not-for-profit partners; and Commerce, Science, and Transportation of vey, in a way that maximizes the scientific (E) make recommendations regarding the the Senate and the Committee on Science, productivity of meeting those objectives for activities under subparagraphs (A) through Space, and Technology of the House of Rep- the resources invested. (D), as appropriate. resentatives a report that includes— (b) CONTINUITY OF DEVELOPMENT.—The Ad- (b) USE OF STRATEGY.—The Administrator ‘‘(1) a summary of all activities carried out ministrator shall ensure that the concept shall use the strategy— under subsection (d) since the date of enact- definition and pre-formulation activities of (1) to inform roadmaps, strategic plans, ment of the National Aeronautics and Space the WFIRST mission continue while the and other activities of the Administration as Administration Transition Authorization James Webb Space Telescope is being com- they relate to extrasolar planet research and Act of 2017, including the progress toward pleted. exploration; and achieving 90 percent completion of the sur- SEC. 505. MARS 2020 ROVER. (2) to provide a foundation for future ac- vey described in subsection (d); and It is the sense of Congress that— tivities and initiatives related to extrasolar ‘‘(2) a summary of expenditures for all ac- (1) the Mars 2020 mission, to develop a planet research and exploration. tivities carried out under subsection (d) Mars rover and to enable the return of sam- (c) REPORT TO CONGRESS.—Not later than since the date of enactment of the National ples to Earth, should remain a priority for 18 months after the date of enactment of this Aeronautics and Space Administration Tran- NASA; and Act, the National Academies shall submit to sition Authorization Act of 2017. (2) the Mars 2020 mission— the Administrator and to the appropriate ‘‘(g) ASSESSMENT.—The Administrator, in (A) should significantly increase our un- committees of Congress a report containing collaboration with other relevant Federal derstanding of Mars; the strategy developed under subsection (a). agencies, shall carry out a technical and sci- (B) should help determine whether life pre- SEC. 509. ASTROBIOLOGY STRATEGY. entific assessment of the capabilities and re- viously existed on that planet; and (a) STRATEGY.— sources— (C) should provide opportunities to gather (1) IN GENERAL.—The Administrator shall ‘‘(1) to accelerate the survey described in knowledge and demonstrate technologies enter into an arrangement with the National subsection (d); and that address the challenges of future human Academies to develop a science strategy for ‘‘(2) to expand the Administration’s Near- expeditions to Mars. astrobiology that would outline key sci- Earth Object Program to include the detec- SEC. 506. EUROPA. entific questions, identify the most prom- tion, tracking, cataloguing, and character- (a) FINDINGS.—Congress makes the fol- ising research in the field, and indicate the ization of potentially hazardous near-Earth lowing findings: extent to which the mission priorities in ex- objects less than 140 meters in diameter. (1) Studies of Europa, Jupiter’s moon, indi- isting decadal surveys address the search for ‘‘(h) TRANSMITTAL.—Not later than 270 cate that Europa may provide a habitable life’s origin, evolution, distribution, and fu- days after the date of enactment of the Na- environment, as it contains key ingredients ture in the Universe. tional Aeronautics and Space Administra- known to support life. (2) RECOMMENDATIONS.—The strategy shall tion Transition Authorization Act of 2017, (2) In 2012, using the Hubble Space Tele- include recommendations for coordination the Administrator shall transmit the results scope, NASA scientists observed water vapor with international partners. of the assessment under subsection (g) to the around the south polar region of Europa, (b) USE OF STRATEGY.—The Administrator Committee on Commerce, Science, and which provides potential evidence of water shall use the strategy developed under sub- Transportation of the Senate and the Com- plumes in that region. section (a) in planning and funding research mittee on Science, Space, and Technology of (3) For decades, the Europa mission has and other activities and initiatives in the the House of Representatives.’’. consistently ranked as a high priority mis- field of astrobiology. SEC. 512. NEAR-EARTH OBJECTS PUBLIC-PRI- sion for the scientific community. (c) REPORT TO CONGRESS.—Not later than VATE PARTNERSHIPS. (4) The Europa mission was ranked as the 18 months after the date of enactment of this (a) SENSE OF CONGRESS.—It is the sense of top priority mission in the previous Plan- Act, the National Academies shall submit to Congress that the Administration should etary Science Decadal Survey and ranked as the Administrator and to the appropriate seek to leverage the capabilities of the pri- the second-highest priority in the current committees of Congress a report containing vate sector and philanthropic organizations Planetary Science Decadal Survey. the strategy developed under subsection (a). to the maximum extent practicable in car- (b) SENSE OF CONGRESS.—It is the sense of SEC. 510. ASTROBIOLOGY PUBLIC-PRIVATE PART- rying out the Near-Earth Object Survey Pro- Congress that— NERSHIPS. gram in order to meet the goal of that pro- (1) the Europa mission could provide an- Not later than 180 days after the date of gram under section 321(d)(1) of the National other avenue in which to capitalize on our enactment of this Act, the Administrator Aeronautics and Space Administration Au- Nation’s current investment in the Space shall submit to the appropriate committees thorization Act of 2005 (51 U.S.C. note prec. Launch System that would significantly re- of Congress a report describing how the Ad- 71101(d)(1)). duce the transit time for such a deep space ministration can expand collaborative part- (b) REPORT.—Not later than 180 days after mission; and nerships to study life’s origin, evolution, dis- the date of enactment of this Act, the Ad- (2) a scientific, robotic exploration mission tribution, and future in the universe. ministrator shall submit to the appropriate to Europa, as prioritized in both Planetary SEC. 511. NEAR-EARTH OBJECTS. committees of Congress a report describing how the Administration can expand collabo- Science Decadal Surveys, should be sup- Section 321 of the National Aeronautics rative partnerships to detect, track, cata- ported. and Space Administration Authorization Act logue, and categorize near-Earth objects. SEC. 507. CONGRESSIONAL DECLARATION OF of 2005 (51 U.S.C. note prec. 71101) is amended POLICY AND PURPOSE. by adding at the end the following: SEC. 513. ASSESSMENT OF SCIENCE MISSION EX- TENSIONS. Section 20102(d) of title 51, United States ‘‘(e) PROGRAM REPORT.—The Director of Code, is amended by adding at the end the the Office of Science and Technology Policy Section 30504 of title 51, United States following: and the Administrator shall submit to the Code, is amended to read as follows: ‘‘(10) The search for life’s origin, evolution, Committee on Commerce, Science, and ‘‘§ 30504. Assessment of science mission exten- distribution, and future in the universe.’’. Transportation of the Senate and the Com- sions SEC. 508. EXTRASOLAR PLANET EXPLORATION mittee on Science, Space, and Technology of ‘‘(a) ASSESSMENTS.— STRATEGY. the House of Representatives, not later than ‘‘(1) IN GENERAL.—The Administrator shall (a) STRATEGY.— 1 year after the date of enactment of the Na- carry out triennial reviews within each of (1) IN GENERAL.—The Administrator shall tional Aeronautics and Space Administra- the Science divisions to assess the cost and enter into an arrangement with the National tion Transition Authorization Act of 2017, an benefits of extending the date of the termi- Academies to develop a science strategy for initial report that provides— nation of data collection for those missions the study and exploration of extrasolar plan- ‘‘(1) recommendations for carrying out the that exceed their planned missions’ lifetime. ets, including the use of the Transiting Survey program and an associated proposed ‘‘(2) CONSIDERATIONS.—In conducting an as- Exoplanet Survey Satellite, the James Webb budget; sessment under paragraph (1), the Adminis- Space Telescope, a potential Wide-Field In- ‘‘(2) an analysis of possible options that trator shall consider whether and how ex- frared Survey Telescope mission, or any the Administration could employ to divert tending missions impacts the start of future other telescope, spacecraft, or instrument, as an object on a likely collision course with missions. appropriate. Earth; and ‘‘(b) CONSULTATION AND CONSIDERATION OF (2) REQUIREMENTS.—The strategy shall— ‘‘(3) a description of the status of efforts to POTENTIAL BENEFITS OF INSTRUMENTS ON MIS- (A) outline key scientific questions; coordinate and cooperate with other coun- SIONS.—When deciding whether to extend a

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1410 CONGRESSIONAL RECORD — SENATE February 17, 2017 mission that has an operational component, (6) detail how the Administration and SEC. 602. TRANSFORMATIVE AERONAUTICS RE- the Administrator shall— other Federal agencies will manage, operate, SEARCH. ‘‘(1) consult with any affected Federal and fund production facilities and the design It is the sense of Congress that the Admin- agency; and and development of all radioisotope power istrator should look strategically into the ‘‘(2) take into account the potential bene- systems used by the Administration and future and ensure that the Administration’s fits of instruments on missions that are be- other Federal agencies as necessary; Center personnel are at the leading edge of yond their planned mission lifetime. (7) specify the steps the Administration aeronautics research by encouraging inves- ‘‘(c) REPORTS.—The Administrator shall will take, in consultation with the Depart- tigations into the early-stage advancement submit to the Committee on Commerce, ment of Energy, to preserve the infrastruc- of new processes, novel concepts, and innova- Science, and Transportation of the Senate ture and workforce necessary for production tive technologies that have the potential to and the Committee on Science, Space, and of radioisotope power systems and ensure meet national aeronautics needs. Technology of the House of Representatives, that its reimbursements to the Department SEC. 603. HYPERSONIC RESEARCH. at the same time as the submission to Con- of Energy associated with such preservation (a) ROADMAP FOR HYPERSONIC RESEARCH.— gress of the Administration’s annual budget are equitable and justified; and Not later than 1 year after the date of enact- request for each fiscal year, a report detail- (8) detail how the Administration has im- ment of this Act, the Administrator, in con- ing any assessment under subsection (a) that plemented or rejected the recommendations sultation with the heads of other relevant was carried out during the previous year.’’. from the National Research Council’s 2009 re- Federal agencies, shall develop and submit SEC. 514. STRATOSPHERIC OBSERVATORY FOR port titled ‘‘Radioisotope Power Systems: An to the appropriate committees of Congress a INFRARED ASTRONOMY. Imperative for Maintaining U.S. Leadership research and development roadmap for The Administrator may not terminate in Space Exploration.’’ hypersonic aircraft research. science operations of the Stratospheric Ob- (d) REPORT TO CONGRESS.—Not later than (b) OBJECTIVE.—The objective of the road- servatory for Infrared Astronomy before De- 180 days after the date of enactment of this map is to explore hypersonic science and cember 31, 2017. Act, the Administrator shall submit the re- technology using air-breathing propulsion SEC. 515. RADIOISOTOPE POWER SYSTEMS. sults of the analysis to the appropriate com- concepts, through a mix of theoretical work, (a) SENSE OF CONGRESS.—It is the sense of mittees of Congress. basic and applied research, and development Congress that— SEC. 516. ASSESSMENT OF MARS ARCHITECTURE. of flight research demonstration vehicles. (1) exploration of the outer reaches of the (a) ASSESSMENT.—The Administrator shall (c) CONTENTS.—The roadmap shall rec- solar system is enabled by radioisotope enter into an arrangement with the National ommend appropriate Federal agency con- power systems; Academies of Sciences, Engineering, and tributions, coordination efforts, and tech- (2) establishing continuity in the produc- Medicine to assess— nology milestones. tion of the material needed for radioisotope (1) the Administration’s Mars exploration power systems is essential to maintaining SEC. 604. SUPERSONIC RESEARCH. architecture and its responsiveness to the the availability of such systems for future (a) FINDINGS.—Congress finds that— strategies, priorities, and guidelines put for- deep space exploration missions; and (1) the ability to fly commercial aircraft ward by the National Academies’ planetary (3) Federal agencies supporting the Admin- over land at supersonic speeds without ad- science decadal surveys and other relevant istration through the production of such ma- verse impacts on the environment or on local National Academies Mars-related reports; terial should do so in a cost effective manner communities could open new global markets (2) the long-term goals of the Administra- so as not to impose excessive reimbursement and enable new transportation capabilities; tion’s Mars Exploration Program and such requirements on the Administration. and program’s ability to optimize the science re- (b) ANALYSIS OF REQUIREMENTS AND (2) continuing the Administration’s re- turn, given the current fiscal posture of the RISKS.—The Director of the Office of Science search program is necessary to assess the and Technology Policy and the Adminis- program; impact in a relevant environment of com- trator, in consultation with the heads of (3) the Mars exploration architecture’s re- mercial supersonic flight operations and pro- other Federal agencies, shall conduct an lationship to Mars-related activities to be vide the basis for establishing appropriate analysis of— undertaken by foreign agencies and organi- sonic boom standards for such flight oper- (1) the requirements of the Administration zations; and ations. for radioisotope power system material that (4) the extent to which the Mars explo- (b) ROADMAP FOR SUPERSONIC RESEARCH.— is needed to carry out planned, high priority ration architecture represents a reasonably (1) IN GENERAL.—Not later than 1 year after robotic missions in the solar system and balanced mission portfolio. the date of enactment of this Act, the Ad- (b) REPORT TO CONGRESS.—Not later than other surface exploration activities beyond ministrator shall develop and submit to the 18 months after the date of enactment of this low-Earth orbit; and appropriate committees of Congress a road- Act, the Administrator shall submit the re- (2) the risks to missions of the Administra- map that allows for flexible funding profiles sults of the assessment to the appropriate tion in meeting those requirements, or any for supersonic aeronautics research and de- committees of Congress. additional requirements, due to a lack of velopment. adequate radioisotope power system mate- SEC. 517. COLLABORATION. (2) OBJECTIVE.—The objective of the road- rial. The Administration shall continue to de- map is to develop and demonstrate, in a rel- (c) CONTENTS OF ANALYSIS.—The analysis velop first-of-a-kind instruments that, once evant environment, airframe and propulsion conducted under subsection (b) shall— proved, can be transitioned to other agencies technologies to minimize the environmental (1) detail the Administration’s current pro- for operations. Whenever responsibilities for impact, including noise, of supersonic over- jected mission requirements and associated the development of sensors or for measure- land flight in an efficient and economical timeframes for radioisotope power system ments are transferred to the Administration manner. material; from another agency, the Administration (3) CONTENTS.—The roadmap shall in- (2) explain the assumptions used to deter- shall seek, to the extent possible, to be reim- clude— mine the Administration’s requirements for bursed for the assumption of such respon- (A) the baseline research as embodied by the material, including— sibilities. the Administration’s existing research on su- (A) the planned use of advanced thermal TITLE VI—AERONAUTICS personic flight; conversion technology such as advanced SEC. 601. SENSE OF CONGRESS ON AERO- (B) a list of specific technological, environ- thermocouples and Stirling generators and NAUTICS. mental, and other challenges that must be converters; and It is the sense of Congress that— overcome to minimize the environmental (B) the risks and implications of, and con- (1) a robust aeronautics research portfolio impact, including noise, of supersonic over- tingencies for, any delays or unanticipated will help maintain the United States status land flight; technical challenges affecting or related to as a leader in aviation, enhance the competi- (C) a research plan to address the chal- the Administration’s mission plans for the tiveness of the United States in the world lenges under subparagraph (B), including a anticipated use of advanced thermal conver- economy, and improve the quality of life of project timeline for accomplishing relevant sion technology; all citizens; research goals; (3) assess the risk to the Administration’s (2) aeronautics research is essential to the (D) a plan for coordination with stake- programs of any potential delays in achiev- Administration’s mission, continues to be an holders, including relevant government ing the schedule and milestones for planned important core element of the Administra- agencies and industry; and domestic production of radioisotope power tion’s mission, and should be supported; (E) a plan for how the Administration will system material; (3) the Administrator should coordinate ensure that sonic boom research is coordi- (4) outline a process for meeting any addi- and consult with relevant Federal agencies nated as appropriate with relevant Federal tional Administration requirements for the and the private sector to minimize duplica- agencies. material; tion of efforts and leverage resources; and SEC. 605. ROTORCRAFT RESEARCH. (5) estimate the incremental costs required (4) carrying aeronautics research to a level (a) ROADMAP FOR ROTORCRAFT RESEARCH.— to increase the amount of material produced of maturity that allows the Administration’s Not later than 1 year after the date of enact- each year, if such an increase is needed to research results to be transferred to the ment of this Act, the Administrator, in con- support additional Administration require- users, whether private or public sector, is sultation with the heads of other relevant ments for the material; critical to their eventual adoption. Federal agencies, shall prepare and submit

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 February 17, 2017 CONGRESSIONAL RECORD — SENATE S1411 to the appropriate committees of Congress a fiscal year, as transmitted to Congress under and each NASA mission directorate, center, roadmap for research relating to rotorcraft section 1105(a) of title 31, United States and mission support office to ensure both and other runway-independent air vehicles. Code, that avoids duplication of projects, agency and mission needs are considered in (b) OBJECTIVE.—The objective of the road- programs, or missions conducted by Program agency-wide information technology and in- map is to develop and demonstrate improved with other projects, programs, or missions formation security management and over- safety, noise, and environmental impact in a conducted by another office or directorate of sight; relevant environment. the Administration. (5) review the portfolio of information (c) CONTENTS.—The roadmap shall include (f) COLLABORATION, COORDINATION, AND technology investments and spending, in- specific goals for the research, a timeline for ALIGNMENT.— cluding information technology-related in- implementation, metrics for success, and (1) IN GENERAL.—The Administrator shall— vestments included as part of activities guidelines for collaboration and coordination (A) ensure that the Administration’s within NASA mission directorates that may with industry and other Federal agencies. projects, programs, and activities in support not be considered information technology, to TITLE VII—SPACE TECHNOLOGY of technology research and development of ensure investments are recognized and re- SEC. 701. SPACE TECHNOLOGY INFUSION. advanced space technologies are fully coordi- ported appropriately based on guidance from (a) SENSE OF CONGRESS ON SPACE TECH- nated and aligned; the Office of Management and Budget; NOLOGY.—It is the sense of Congress that (B) ensure that the results the projects, (6) consider appropriate revisions to the space technology is critical— programs, and activities under subparagraph charters of information technology boards (1) to developing technologies and capabili- (A) are shared and leveraged within the Ad- and councils that inform information tech- ties that will make the Administration’s ministration; and nology investment and operation decisions; core missions more affordable and more reli- (C) ensure that the organizational respon- and able; sibility for research and development activi- (7) consider whether the NASA Chief Infor- (2) to enabling a new class of Administra- ties in support of human space exploration mation Officer should have a seat on any tion missions beyond low-Earth orbit; and not initiated as of the date of enactment of boards or councils described in paragraph (6). this Act is established on the basis of a (3) to improving technological capabilities (b) GAO STUDY.— sound rationale. and promote innovation for the Administra- (1) STUDY.—The Comptroller General of the (2) SENSE OF CONGRESS.—It is the sense of tion and the Nation. United States shall conduct a study of the Congress that projects, programs, and mis- (b) SENSE OF CONGRESS ON PROPULSION effectiveness of the Administration’s Infor- sions being conducted by the Human Explo- TECHNOLOGY.—It is the sense of Congress mation Technology Governance in ensuring that advancing propulsion technology would ration and Operations Mission Directorate in information technology resources are improve the efficiency of trips to Mars and support of research and development of ad- aligned with agency missions and are cost ef- could shorten travel time to Mars, reduce as- vanced space technologies and systems fo- fective and secure. tronaut health risks, and reduce radiation cusing on human space exploration should (2) CONTENTS.—The study shall include an exposure, consumables, and mass of mate- continue in that Directorate. assessment of— (g) REPORT.—Not later than 180 days after rials required for the journey. (A) the resources available for overseeing the date of enactment of this Act, the Ad- (c) POLICY.—It is the policy of the United Administration-wide information technology ministrator shall provide to the appropriate States that the Administrator shall develop operations, investments, and security meas- committees of Congress a report— technologies to support the Administration’s ures and the NASA Chief Information Offi- (1) comparing the Administration’s space core missions, as described in section 2(3) of cer’s visibility and involvement into infor- technology investments with the high-pri- the National Aeronautics and Space Admin- mation technology oversight and access to ority technology areas identified by the Na- istration Authorization Act of 2010 (42 U.S.C. those resources; tional Academies in the National Research 18301(3)), and support sustained investments (B) the effectiveness and challenges of the Council’s report on the Administration’s in early stage innovation, fundamental re- Administration’s information technology Space Technology Roadmaps; and search, and technologies to expand the structure, decision making processes and au- (2) including— boundaries of the national aerospace enter- thorities, including impacts on its ability to (A) identification of how the Administra- prise. implement information security; and tion will address any gaps between the agen- (d) PROPULSION TECHNOLOGIES.—A goal of (C) the impact of NASA Chief Information cy’s investments and the recommended tech- propulsion technologies developed under sub- Officer approval authority over information nology areas, including a projection of fund- section (c) shall be to significantly reduce technology investments that exceed a de- ing requirements; and human travel time to Mars. fined monetary threshold, including any po- (B) identification of the rationale de- SEC. 702. SPACE TECHNOLOGY PROGRAM. tential impacts of such authority on the Ad- scribed in subsection (f)(1)(C). (a) SPACE TECHNOLOGY PROGRAM AUTHOR- ministration’s missions, flights programs (h) ANNUAL REPORT.—The Administrator IZED.—The Administrator shall conduct a shall include in the Administration’s annual and projects, research activities, and Center space technology program (referred to in this budget request for each fiscal year the ra- operations. section as the ‘‘Program’’) to research and tionale for assigning organizational respon- (3) REPORT.—Not later than 1 year after develop advanced space technologies that sibility for, in the year prior to the budget the date of enactment of this Act, the Comp- could deliver innovative solutions across the fiscal year, each initiated project, program, troller General shall submit to the appro- Administration’s space exploration and and mission focused on research and develop- priate committees of Congress a report de- science missions. ment of advanced technologies for human tailing the results of the study under para- (b) CONSIDERATIONS.—In conducting the space exploration. graph (1), including any recommendations. Program, the Administrator shall consider— TITLE VIII—MAXIMIZING EFFICIENCY SEC. 812. INFORMATION TECHNOLOGY STRA- (1) the recommendations of the National TEGIC PLAN. Academies’ review of the Administration’s Subtitle A—Agency Information Technology (a) IN GENERAL.—Subject to subsection (b), Space Technology roadmaps and priorities; and Cybersecurity the Administrator shall develop an informa- and SEC. 811. INFORMATION TECHNOLOGY GOVERN- tion technology strategic plan to guide (2) the applicable enabling aspects of the ANCE. NASA information technology management stepping stone approach to exploration under (a) IN GENERAL.—The Administrator shall, and strategic objectives. section 70504 of title 51, United States Code. in a manner that reflects the unique nature (b) REQUIREMENTS.—In developing the stra- (c) REQUIREMENTS.—In conducting the Pro- of NASA’s mission and expertise— tegic plan, the Administrator shall ensure gram, the Administrator shall— (1) ensure the NASA Chief Information Of- that the strategic plan addresses— (1) to the extent practicable, use a com- ficer, Mission Directorates, and Centers have (1) the deadline under section 306(a) of title petitive process to select research and devel- appropriate roles in the management, gov- 5, United States Code; and opment projects; ernance, and oversight processes related to (2) the requirements under section 3506 of (2) to the extent practicable and appro- information technology operations and in- title 44, United States Code. priate, use small satellites and the Adminis- vestments and information security pro- (c) CONTENTS.—The strategic plan shall ad- tration’s suborbital and ground-based plat- grams for the protection of NASA systems; dress, in a manner that reflects the unique forms to demonstrate space technology con- (2) ensure the NASA Chief Information Of- nature of NASA’s mission and expertise— cepts and developments; and ficer has the appropriate resources and in- (1) near and long-term goals and objectives (3) as appropriate, partner with other Fed- sight to oversee NASA information tech- for leveraging information technology; eral agencies, universities, private industry, nology and information security operations (2) a plan for how NASA will submit to and foreign countries. and investments; Congress of a list of information technology (d) SMALL BUSINESS PROGRAMS.—The Ad- (3) provide an information technology pro- projects, including completion dates and risk ministrator shall organize and manage the gram management framework to increase level in accordance with guidance from the Administration’s Small Business Innovation the efficiency and effectiveness of informa- Office of Management and Budget; Research Program and Small Business Tech- tion technology investments, including rely- (3) an implementation overview for an nology Transfer Program within the Pro- ing on metrics for identifying and reducing agency-wide approach to information tech- gram. potential duplication, waste, and cost; nology investments and operations, includ- (e) NONDUPLICATION CERTIFICATION.—The (4) improve the operational linkage be- ing reducing barriers to cross-center collabo- Administrator shall submit a budget for each tween the NASA Chief Information Officer ration;

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1412 CONGRESSIONAL RECORD — SENATE February 17, 2017 (4) coordination by the NASA Chief Infor- SEC. 814. SECURITY MANAGEMENT OF FOREIGN communication, collaboration, and coordina- mation Officer with centers and mission di- NATIONAL ACCESS. tion between the Launch Services Program rectorates to ensure that information tech- The Administrator shall notify the appro- and the Commercial Crew Program. nology policies are effectively and efficiently priate committees of Congress when the SEC. 823. DETECTION AND AVOIDANCE OF COUN- implemented across the agency; agency has implemented the information TERFEIT PARTS. (5) a plan to increase the efficiency and ef- technology security recommendations from (a) FINDINGS.—Congress makes the fol- fectiveness of information technology in- the National Academy of Public Administra- lowing findings: vestments, including a description of how tion on foreign national access management, (1) A 2012 investigation by the Committee unnecessarily duplicative, wasteful, legacy, based on reports from January 2014 and on Armed Services of the Senate of counter- or outdated information technology across March 2016. feit electronic parts in the Department of NASA will be identified and eliminated, and SEC. 815. CYBERSECURITY OF WEB APPLICA- Defense supply chain from 2009 through 2010 a schedule for the identification and elimi- TIONS. uncovered 1,800 cases and over 1,000,000 coun- nation of such information technology; Not later than 180 days after the date of terfeit parts and exposed the threat such (6) a plan for improving the information se- enactment of this Act, the Administrator counterfeit parts pose to service members curity of agency information and agency in- shall, in a manner that reflects the unique and national security. formation systems, including improving se- nature of NASA’s mission and expertise— (2) Since 2010, the Comptroller General of curity control assessments and role-based se- (1) develop a plan, including such actions the United States has identified in 3 separate curity training of employees; and and milestones as are necessary, to fully re- reports the risks and challenges associated (7) submission by NASA to Congress of in- mediate security vulnerabilities of NASA with counterfeit parts and counterfeit pre- formation regarding high risk projects and web applications within a timely fashion vention at both the Department of Defense cybersecurity risks. after discovery; and and NASA, including inconsistent definitions (d) CONGRESSIONAL OVERSIGHT.—The Ad- (2) provide an update on its plan to imple- of counterfeit parts, poorly targeted quality ministrator shall submit to the appropriate ment the recommendation from the NASA control practices, and potential barriers to committees of Congress the strategic plan Inspector General in the audit report dated improvements to these practices. under subsection (a) and any updates there- July 10, 2014, (IG–14–023) to remove from the (b) SENSE OF CONGRESS.—It is the sense of to. Internet or otherwise secure all NASA web Congress that the presence of counterfeit applications in development or testing mode. electronic parts in the NASA supply chain SEC. 813. CYBERSECURITY. Subtitle B—Collaboration Among Mission poses a danger to United States government (a) FINDING.—Congress finds that the secu- Directorates and Other Matters astronauts, crew, and other personnel and a rity of NASA information and information SEC. 821. COLLABORATION AMONG MISSION DI- risk to the agency overall. systems is vital to the success of the mission RECTORATES. (c) REGULATIONS.— of the agency. The Administrator shall encourage an (1) IN GENERAL.—Not later than 270 days (b) INFORMATION SECURITY PLAN.— interdisciplinary approach among all NASA after the date of enactment of this Act, the (1) IN GENERAL.—Not later than 1 year after mission directorates and divisions, whenever Administrator shall revise the NASA Supple- the date of enactment of this Act, the Ad- appropriate, for projects or missions— ment to the Federal Acquisition Regulation ministrator shall implement the information (1) to improve coordination, and encourage to improve the detection and avoidance of security plan developed under paragraph (2) collaboration and early planning on scope; counterfeit electronic parts in the supply and take such further actions as the Admin- (2) to determine areas of overlap or align- chain. istrator considers necessary to improve the ment; (2) CONTRACTOR RESPONSIBILITIES.—In re- information security system in accordance (3) to find ways to leverage across divi- vising the regulations under paragraph (1), with this section. sional perspectives to maximize outcomes; the Administrator shall— (2) INFORMATION SECURITY PLAN.—Subject and (A) require each covered contractor— to paragraphs (3) and (4), the Administrator (4) to be more efficient with resources and (i) to detect and avoid the use or inclusion shall develop an agency-wide information se- funds. of any counterfeit parts in electronic parts curity plan to enhance information security SEC. 822. NASA LAUNCH CAPABILITIES COLLABO- or products that contain electronic parts; for NASA information and information infra- RATION. (ii) to take such corrective actions as the structure. (a) FINDINGS.—Congress makes the fol- Administrator considers necessary to rem- (3) REQUIREMENTS.—In developing the plan lowing findings: edy the use or inclusion described in clause under paragraph (2), the Administrator shall (1) The Launch Services Program is re- (i); and ensure that the plan— sponsible for the acquisition, management, (iii) including a subcontractor, to notify (A) reflects the unique nature of NASA’s and technical oversight of commercial the applicable NASA contracting officer not mission and expertise; launch services for NASA’s science and later than 30 calendar days after the date the (B) is informed by policies, standards, robotic missions. covered contractor becomes aware, or has guidelines, and directives on information se- (2) The Commercial Crew Program is re- reason to suspect, that any end item, compo- curity required for Federal agencies; sponsible for the acquisition, management, nent, part or material contained in supplies (C) is consistent with the standards and and technical oversight of commercial crew purchased by NASA, or purchased by a cov- guidelines under section 11331 of title 40, transportation systems. ered contractor or subcontractor for delivery United States Code; and (3) The Launch Services Program and Com- to, or on behalf of, NASA, contains a coun- (D) meets applicable National Institute of mercial Crew Program have worked together terfeit electronic part or suspect counterfeit Standards and Technology information secu- to gain exceptional technical insight into electronic part; and rity standards and guidelines. the contracted launch service providers that (B) prohibit the cost of counterfeit elec- (4) CONTENTS.—The plan shall address— are common to both programs. tronic parts, suspect counterfeit electronic (A) an overview of the requirements of the (4) The Launch Services Program has a parts, and any corrective action described information security system; long history of oversight of 12 different under subparagraph (A)(ii) from being in- (B) an agency-wide risk management launch vehicles and over 80 launches. cluded as allowable costs under agency con- framework for information security; (5) Co-location of the Launch Services Pro- tracts, unless— (C) a description of the information secu- gram and Commercial Crew Program has en- (i)(I) the covered contractor has an oper- rity system management controls and com- abled the Commercial Crew Program to effi- ational system to detect and avoid counter- mon controls that are necessary to ensure ciently obtain the launch vehicle technical feit electronic parts and suspect counterfeit compliance with information security-re- expertise of and provide engineering and an- electronic parts that has been reviewed and lated requirements; alytical support to the Commercial Crew approved by NASA or the Department of De- (D) an identification and assignment of Program. fense; and roles, responsibilities, and management com- (b) SENSE OF CONGRESS.—It is the sense of (II) the covered contractor has provided mitment for information security at the Congress that— the notice under subparagraph (A)(iii); or agency; (1) the Launch Services Program and Com- (ii) the counterfeit electronic parts or sus- (E) coordination among organizational en- mercial Crew Program each benefit from pect counterfeit electronic parts were pro- tities, including between each center, facil- communication and coordination of launch vided to the covered contractor as Govern- ity, mission directorate, and mission support manifests, technical information, and com- ment property in accordance with part 45 of office, and among agency entities respon- mon launch vehicle insight between the pro- the Federal Acquisition Regulation. sible for different aspects of information se- grams; and (3) SUPPLIERS OF ELECTRONIC PARTS.—In re- curity; (2) such communication and coordination vising the regulations under paragraph (1), (F) the need to protect the information se- is enabled by the co-location of the pro- the Administrator shall— curity of mission-critical systems and activi- grams. (A) require NASA and covered contractors, ties and high-impact and moderate-impact (c) IN GENERAL.—The Administrator shall including subcontractors, at all tiers— information systems; and pursue a strategy for acquisition of crewed (i) to obtain electronic parts that are in (G) a schedule of frequent reviews and up- transportation services and non-crewed production or currently available in stock dates, as necessary, of the plan. launch services that continues to enhance from—

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(I) the original manufacturers of the parts (b) CONTINUATION OF EDUCATION AND OUT- Program will expand opportunities for future or their authorized dealers; or REACH ACTIVITIES AND PROGRAMS.— dedicated launches of CubeSats and other (II) suppliers who obtain such parts exclu- (1) IN GENERAL.—The Administrator shall small satellites and small orbital science sively from the original manufacturers of continue engagement with the public and missions; and the parts or their authorized dealers; and education opportunities for students via all (2) principal investigator-led small orbital (ii) to obtain electronic parts that are not the Administration’s mission directorates to science missions, including CubeSat class, in production or currently available in stock the maximum extent practicable. Small Explorer (SMEX) class, and Venture from suppliers that meet qualification re- (2) REPORT.—Not later than 60 days after class, offer valuable opportunities to ad- quirements established under subparagraph the date of enactment of this Act, the Ad- vance science at low cost, train the next gen- (C); ministrator shall submit to the appropriate eration of scientists and engineers, and en- (B) establish documented requirements committees of Congress a report on the Ad- able participants to acquire skills in systems consistent with published industry standards ministration’s near-term outreach plans for engineering and systems integration that are or Government contract requirements for— advancing space law education. critical to maintaining the Nation’s leader- (i) notification of the agency; and SEC. 825. LEVERAGING COMMERCIAL SATELLITE ship in space and to enhancing United States (ii) inspection, testing, and authentication SERVICING CAPABILITIES ACROSS innovation and competitiveness abroad. of electronic parts that NASA or a covered MISSION DIRECTORATES. SEC. 828. BASELINE AND COST CONTROLS. contractor, including a subcontractor, ob- (a) FINDINGS.—Congress makes the fol- Section 30104(a)(1) of title 51, United States tains from any source other than a source lowing findings: Code, is amended by striking ‘‘Procedural described in subparagraph (A); (1) Refueling and relocating aging sat- Requirements 7120.5c, dated March 22, 2005’’ (C) establish qualification requirements, ellites to extend their operational lifetimes and inserting ‘‘Procedural Requirements consistent with the requirements of section is a capacity that NASA will substantially 7120.5E, dated August 14, 2012’’. 2319 of title 10, United States Code, pursuant benefit from and is important for lowering to which NASA may identify suppliers that the costs of ongoing scientific, national se- SEC. 829. COMMERCIAL TECHNOLOGY TRANSFER have appropriate policies and procedures in curity, and commercial satellite operations. PROGRAM. place to detect and avoid counterfeit elec- (2) The technologies involved in satellite Section 50116(a) of title 51, United States tronic parts and suspect counterfeit elec- servicing, such as dexterous robotic arms, Code, is amended by inserting ‘‘, while pro- tronic parts; and propellant transfer systems, and solar elec- tecting national security’’ after ‘‘research (D) authorize a covered contractor, includ- tric propulsion, are all critical capabilities community’’. ing a subcontractor, to identify and use addi- to support a human exploration mission to SEC. 830. AVOIDING ORGANIZATIONAL CON- tional suppliers beyond those identified Mars. FLICTS OF INTEREST IN MAJOR AD- MINISTRATION ACQUISITION PRO- under subparagraph (C) if— (b) SENSE OF CONGRESS.—It is the sense of (i) the standards and processes for identi- Congress that— GRAMS. fying such suppliers comply with established (1) satellite servicing is a vital capability (a) REVISED REGULATIONS REQUIRED.—Not industry standards; that will bolster the capacity and afford- later than 270 days after the date of enact- (ii) the covered contractor assumes respon- ability of NASA’s ongoing scientific and ment of this Act, the Administrator shall re- sibility for the authenticity of parts pro- human exploration operations while simulta- vise the Administration Supplement to the vided by such suppliers under paragraph (2); neously enhancing the ability of domestic Federal Acquisition Regulation to provide and companies to compete in the global market- uniform guidance and recommend revised re- (iii) the selection of such suppliers is sub- place; and quirements for organizational conflicts of in- ject to review and audit by NASA. (2) future NASA satellites and spacecraft terest by contractors in major acquisition (d) DEFINITIONS.—In this section: across mission directorates should be con- programs in order to address the elements (1) COVERED CONTRACTOR.—The term ‘‘cov- structed in a manner that allows for serv- identified in subsection (b). ered contractor’’ means a contractor that icing in order to maximize operational lon- (b) ELEMENTS.—The revised regulations supplies an electronic part, or a product that gevity and affordability. under subsection (a) shall, at a minimum— contains an electronic part, to NASA. (c) LEVERAGING OF CAPABILITIES.—The Ad- (1) address organizational conflicts of in- (2) ELECTRONIC PART.—The term ‘‘elec- ministrator shall— terest that could potentially arise as a result tronic part’’ means a discrete electronic (1) identify orbital assets in both the of— component, including a microcircuit, tran- Science Mission Directorate and the Human (A) lead system integrator contracts on sistor, capacitor, resistor, or diode, that is Exploration and Operations Mission Direc- major acquisition programs and contracts intended for use in a safety or mission crit- torate that could benefit from satellite serv- that follow lead system integrator contracts ical application. icing-related technologies; and on such programs, particularly contracts for SEC. 824. EDUCATION AND OUTREACH. (2) work across all NASA mission direc- production; (a) SENSE OF CONGRESS.—It is the sense of torates to evaluate opportunities for the pri- (B) the ownership of business units per- Congress that— vate sector to perform such services or ad- forming systems engineering and technical (1) United States competitiveness in the vance technical capabilities by leveraging assistance functions, professional services, 21st century requires engaging the science, the technologies and techniques developed or management support services in relation technology, engineering, and mathematics by NASA programs and other industry pro- to major acquisition programs by contrac- (referred to in this section as ‘‘STEM’’) tal- grams. tors who simultaneously own business units ent in all States; SEC. 826. FLIGHT OPPORTUNITIES. competing to perform as either the prime (2) the Administration is uniquely posi- (a) DEVELOPMENT OF PAYLOADS.— contractor or the supplier of a major sub- tioned to educate and inspire students and (1) IN GENERAL.—In order to conduct nec- system or component for such programs; the broader public on STEM subjects and ca- essary research, the Administrator shall con- (C) the award of major subsystem con- reers; tinue and, as the Administrator considers tracts by a prime contractor for a major ac- (3) the Administration’s Education and appropriate, expand the development of tech- quisition program to business units or other Communication Offices, Mission Direc- nology payloads for— affiliates of the same parent corporate enti- torates, and Centers have been effective in (A) scientific research; and ty, and particularly the award of sub- delivering educational content because of (B) investigating new or improved capabili- contracts for software integration or the de- the strong engagement of Administration ties. velopment of a proprietary software system scientists and engineers in the Administra- (2) FUNDS.—For the purpose of carrying out architecture; or tion’s education and outreach activities; paragraph (1), the Administrator shall make (D) the performance by, or assistance of, (4) the Administration’s education and out- funds available for— contractors in technical evaluations on reach programs, including the Experimental (A) flight testing; major acquisition programs; Program to Stimulate Competitive Research (B) payload development; and (2) require the Administration to request (EPSCoR) and the Space Grant College and (C) hardware related to subparagraphs (A) advice on systems architecture and systems Fellowship Program, reflect the Administra- and (B). engineering matters with respect to major tion’s successful commitment to growing (b) REAFFIRMATION OF POLICY.—Congress acquisition programs from objective sources and diversifying the national science and en- reaffirms that the Administrator should pro- independent of the prime contractor; gineering workforce; and vide flight opportunities for payloads to (3) require that a contract for the perform- (5) in order to grow and diversify the Na- microgravity environments and suborbital ance of systems engineering and technical tion’s engineering workforce, it is vital for altitudes as authorized by section 907 of the assistance functions for a major acquisition the Administration to bolster programs, National Aeronautics and Space Administra- program contains a provision prohibiting the such as High Schools United with NASA to tion Authorization Act of 2010 (42 U.S.C. contractor or any affiliate of the contractor Create Hardware (HUNCH) program, that 18405). from participating as a prime contractor or conduct outreach activities to underserved SEC. 827. SENSE OF CONGRESS ON SMALL CLASS a major subcontractor in the development of rural communities, vocational schools, and LAUNCH MISSIONS. a system under the program; and tribal colleges and universities and encour- It is the sense of Congress that— (4) establish such limited exceptions to the age new participation in the STEM work- (1) Venture Class Launch Services con- requirement in paragraphs (2) and (3) as the force. tracts awarded under the Launch Services Administrator considers necessary to ensure

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1414 CONGRESSIONAL RECORD — SENATE February 17, 2017 that the Administration has continued ac- shall submit to the appropriate committees SEC. 837. FACILITIES AND INFRASTRUCTURE. cess to advice on systems architecture and of Congress a report describing— (a) SENSE OF CONGRESS.—It is the sense of systems engineering matters from highly (1) the Administration’s procedures for Congress that— qualified contractors with domain experi- conducting independent reviews of projects (1) the Administration must address, miti- ence and expertise, while ensuring that such and programs at lifecycle milestones; gate, and reverse, where possible, the dete- advice comes from sources that are objective (2) how the Administration ensures the rioration of its facilities and infrastructure, and unbiased. independence of the individuals who conduct as their condition is hampering the effective- SEC. 831. PROTECTION OF APOLLO LANDING those reviews prior to their assignment; ness and efficiency of research performed by SITES. (3) the internal and external entities inde- both the Administration and industry par- (a) ASSESSMENT.—The Director of the Of- pendent of project and program management ticipants making use of Administration fa- fice of Science and Technology Policy, in that conduct reviews of projects and pro- cilities, thus harming the competitiveness of consultation with relevant Federal agencies grams at life cycle milestones; and the United States aerospace industry; and stakeholders, shall assess the issues re- (4) how the Administration ensures the (2) the Administration has a role in pro- lating to protecting and preserving histori- independence of such entities and their viding laboratory capabilities to industry cally important Apollo Program lunar land- members. participants that are not economically via- ing sites and Apollo program artifacts resid- SEC. 835. NASA ADVISORY COUNCIL. ble as commercial entities and thus are not ing on the lunar surface, including those per- (a) ASSESSMENT.—The Administrator shall available elsewhere; taining to Apollo 11 and Apollo 17. enter into an arrangement with the National (3) to ensure continued access to reliable (b) CONTENTS.—In conducting the assess- Academy of Public Administration to assess and efficient world-class facilities by re- ment, the Director shall include— the effectiveness of the NASA Advisory searchers, the Administration should estab- (1) a determination of what risks to the Council and to make recommendations to lish strategic partnerships with other Fed- protection and preservation of those sites Congress for any change to— eral agencies, State agencies, FAA-licensed and artifacts exist or may exist in the fu- (1) the functions of the Council; spaceports, institutions of higher education, ture; (2) the appointment of members to the and industry, as appropriate; and (2) a determination of what measures are Council; (4) decisions on whether to dispose of, required to ensure such protection and pres- (3) the qualifications for members of the maintain, or modernize existing facilities ervation; Council; must be made in the context of meeting Ad- (3) a determination of the extent to which (4) the duration of terms of office for mem- ministration and other needs, including additional domestic legislation or inter- bers of the Council; those required to meet the activities sup- national treaties or agreements will be re- (5) the frequency of meetings of the Coun- porting the human exploration roadmap quired; and cil; under section 432 of this Act, considering (4) specific recommendations for pro- (6) the structure of leadership and Commit- other national laboratory needs as the Ad- tecting and preserving those lunar landing tees of the Council; and ministrator deems appropriate. sites and artifacts. (7) the levels of professional staffing for (b) POLICY.—It is the policy of the United (c) REPORT.—Not later than 1 year after the Council. States that the Administration maintain re- the date of enactment of this Act, the Direc- (b) CONSIDERATIONS.—In carrying out the liable and efficient facilities and infrastruc- tor shall submit to the appropriate commit- assessment under subsection (a), the Na- ture and that decisions on whether to dis- tees of Congress the results of the assess- tional Academy of Public Administration pose of, maintain, or modernize existing fa- ment. shall— cilities or infrastructure be made in the con- SEC. 832. NASA LEASE OF NON-EXCESS PROP- (1) consider the impacts of broadening the text of meeting future Administration needs. ERTY. Council’s role to include providing consulta- (c) PLAN.— Section 20145(g) of title 51, United States tion and advice to Congress under section (1) IN GENERAL.—The Administrator shall Code, is amended by striking ‘‘10 years after 20113(g) of title 51, United States Code; develop a facilities and infrastructure plan. December 26, 2007’’ and inserting ‘‘December (2) consider the past activities of the Coun- (2) GOAL.—The goal of the plan is to posi- 31, 2018’’. cil and the activities of other analogous Fed- tion the Administration to have the facili- SEC. 833. TERMINATION LIABILITY. eral advisory bodies; and ties and infrastructure, including labora- It is the sense of Congress that— (3) any other issues that the National tories, tools, and approaches, necessary to (1) the ISS, the Space Launch System, and Academy of Public Administration deter- meet future Administration and other Fed- the Orion will enable the Nation to continue mines could potentially impact the effective- eral agencies’ laboratory needs. operations in low-Earth orbit and to send its ness of the Council. (3) CONTENTS.—The plan shall identify— astronauts to deep space; (c) REPORT.—The National Academy of (A) current Administration and other Fed- (2) the James Webb Space Telescope will Public Administration shall submit to the eral agency laboratory needs; revolutionize our understanding of star and appropriate committees of Congress the re- (B) future Administration research and de- planet formation and how galaxies evolved, sults of the assessment, including any rec- velopment and testing needs; and will advance the search for the origins of ommendations. (C) a strategy for identifying facilities and our universe; (d) CONSULTATION AND ADVICE.— infrastructure that are candidates for dis- (3) as a result of their unique capabilities (1) IN GENERAL.—Section 20113(g) of title 51, posal, that is consistent with the national and their critical contribution to the future United States Code, is amended by inserting strategic direction set forth in— of space exploration, these systems have ‘‘and Congress’’ after ‘‘advice to the Admin- (i) the National Space Policy; been designated by Congress and the Admin- istration’’. (ii) the National Aeronautics Research, De- istration as priority investments; (2) SUNSET.—Effective September 30, 2017, velopment, Test, and Evaluation Infrastruc- (4) contractors are currently holding pro- section 20113(g) of title 51, United States ture Plan; gram funding, estimated to be in the hun- Code, is amended by striking ‘‘and Con- (iii) the National Aeronautics and Space dreds of millions of dollars, to cover the po- gress’’. Administration Authorization Act of 2005 tential termination liability should the Gov- SEC. 836. COST ESTIMATION. (Public Law 109–155; 119 Stat. 2895), National ernment choose to terminate a program for (a) SENSE OF CONGRESS.—It is the sense of Aeronautics and Space Administration Au- convenience; Congress that— thorization Act of 2008 (Public Law 110-422; (5) as a result, hundreds of millions of tax- (1) realistic cost estimating is critically 122 Stat. 4779), and National Aeronautics and payer dollars are unavailable for meaningful important to the ultimate success of major Space Administration Authorization Act of work on these programs; space development projects; and 2010 (42 U.S.C. 18301 et seq.); and (6) according to the Government Account- (2) the Administration has devoted signifi- (iv) the human exploration roadmap under ability Office, the Administration procures cant efforts over the past 5 years to improv- section 432 of this Act; most of its goods and services through con- ing its cost estimating capabilities, but it is (D) a strategy for the maintenance, repair, tracts, and it terminates very few of them; important that the Administration continue upgrading, and modernization of Administra- (7) in fiscal year 2010, the Administration its efforts to develop and implement guid- tion facilities and infrastructure, including terminated 28 of 16,343 active contracts and ance in establishing realistic cost estimates. laboratories and equipment; orders, a termination rate of about 0.17 per- (b) GUIDANCE AND CRITERIA.—The Adminis- (E) criteria for— cent; and trator shall provide to its acquisition pro- (i) prioritizing deferred maintenance tasks; (8) the Administration should vigorously grams and projects, in a manner consistent (ii) maintaining, repairing, upgrading, or pursue a policy on termination liability that with the Administration’s Space Flight Pro- modernizing Administration facilities and maximizes the utilization of its appropriated gram and Project Management Require- infrastructure; and funds to make maximum progress in meeting ments— (iii) implementing processes, plans, and established technical goals and schedule (1) guidance on when to use an Independent policies for guiding the Administration’s milestones on these high-priority programs. Cost Estimate and Independent Cost Assess- Centers on whether to maintain, repair, up- SEC. 834. INDEPENDENT REVIEWS. ment; and grade, or modernize a facility or infrastruc- Not later than 270 days after the date of (2) criteria to use to make a determination ture and for determining the type of instru- enactment of this Act, the Administrator under paragraph (1). ment to be used;

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(ii) the parties; unique and highly specialized benefits to the (a) SENSE OF CONGRESS.—It is the sense of (iii) the responsible— aerospace industry and the American public; Congress that— (I) Mission Directorate; and (1) orbital debris in low-Earth orbit poses (II) Center; or (G) implementation steps, including a significant risks to spacecraft; (III) headquarters element; timeline, milestones, and an estimate of re- (2) such orbital debris may increase due to (iv) the value; sources required for carrying out the plan. collisions between existing debris objects; (v) the extent of the cost sharing among (d) REQUIREMENT TO ESTABLISH POLICY.— and Federal Government and non-Federal (1) IN GENERAL.—Not later than 180 days (3) understanding options to address and sources; after the date of enactment of this Act, the remove orbital debris is important for ensur- (vi) the time period or schedule; and Administrator shall establish and make pub- ing safe and effective spacecraft operations (vii) all milestones; and licly available a policy that guides the Ad- in low-Earth orbit. (C) an indication of whether the agreement ministration’s use of existing authorities to (b) REVIEW.— was renewed during the previous fiscal year. out-grant, lease, excess to the General Serv- (1) IN GENERAL.—Not later than 270 days (3) ANTICIPATED AGREEMENTS.—The report ices Administration, sell, decommission, de- after the date of enactment of this Act, the shall include a list of all anticipated reim- molish, or otherwise transfer property, fa- Administrator— bursable, non-reimbursable, and funded cilities, or infrastructure. (A) in collaboration with the heads of Space Act Agreements for the upcoming fis- (2) CRITERIA.—The policy shall include cri- other relevant Federal agencies, shall solicit cal year. teria for the use of authorities, best prac- and review concepts and options for remov- (4) CUMULATIVE PROGRAM BENEFITS.—The tices, standardized procedures, and guide- ing orbital debris from low-Earth orbit; and report shall include, with respect to each lines for how to appropriately manage prop- (B) shall submit to the appropriate com- Space Act Agreement covered by the report, erty, facilities, and infrastructure. mittees of Congress a report on the solicita- a summary of— (e) SUBMISSION TO CONGRESS.—Not later tion and review under subparagraph (A), in- (A) the technology areas in which research than 1 year after the date of enactment of cluding recommendations on the best op- projects were conducted under that agree- this Act, the Administrator shall submit to tions for decreasing the risks associated with ment; the appropriate committees of Congress the orbital debris. (B) the extent to which the use of that plan developed under subsection (c). (2) REQUIREMENTS.—The solicitation and agreement— SEC. 838. HUMAN SPACE FLIGHT ACCIDENT IN- review under paragraph (1) shall address the (i) has contributed to a broadening of the VESTIGATIONS. requirements for and feasibility of devel- technology and industrial base available for Section 70702 of title 51, United States oping and implementing each of the options. meeting Administration needs; and Code, is amended— SEC. 841. SPACE ACT AGREEMENTS. (ii) has fostered within the technology and (1) by amending subsection (a)(3) to read as (a) SENSE OF CONGRESS.—It is the sense of industrial base new relationships and prac- follows: Congress that, when used appropriately, tices that support the United States; and ‘‘(3) any other orbital or suborbital space Space Act Agreements can provide signifi- (C) the total amount of value received by vehicle carrying humans that is— cant value in furtherance of NASA’s mission. the Federal Government during the fiscal ‘‘(A) owned by the Federal Government; or (b) FUNDED SPACE ACT AGREEMENTS.—To year under that agreement. ‘‘(B) being used pursuant to a contract or the extent appropriate, the Administrator f Space Act Agreement with the Federal Gov- shall seek to maximize the value of contribu- ernment for carrying a government astro- tions provided by other parties under a fund- ABIE ABRAHAM VA CLINIC naut or a researcher funded by the Federal ed Space Act Agreement in order to advance Mr. CORNYN. Mr. President, I ask Government; or’’; and NASA’s mission. (2) by adding at the end the following: (c) NON-EXCLUSIVITY.— unanimous consent that the Com- ‘‘(c) DEFINITIONS.—In this section: (1) IN GENERAL.—The Administrator shall, mittee on Veterans’ Affairs be dis- ‘‘(1) GOVERNMENT ASTRONAUT.—The term to the greatest extent practicable, issue each charged from further consideration of ‘government astronaut’ has the meaning Space Act Agreement— H.R. 609 and the Senate proceed to its given the term in section 50902. (A) except as provided in paragraph (2), on immediate consideration. ‘‘(2) SPACE ACT AGREEMENT.—The term a nonexclusive basis; The PRESIDING OFFICER. Without ‘Space Act Agreement’ means an agreement (B) in a manner that ensures all non-gov- objection, it is so ordered. entered into by the Administration pursuant ernment parties have equal access to NASA The clerk will report the bill by title. to its other transactions authority under resources; and The senior assistant legislative clerk section 20113(e).’’. (C) exercising reasonable care not to reveal read as follows: SEC. 839. ORBITAL DEBRIS. unique or proprietary information. A bill (H.R. 609) to designate the Depart- (a) FINDINGS.—Congress finds that— (2) EXCLUSIVITY.—If the Administrator de- ment of Veterans Affairs health care center (1) orbital debris poses serious risks to the termines an exclusive arrangement is nec- in Center Township, Butler County, Pennsyl- operational space capabilities of the United essary, the Administrator shall, to the great- vania, as the ‘‘Abie Abraham VA Clinic.’’ States; est extent practicable, issue the Space Act (2) an international commitment and inte- Agreement— There being no objection, the Senate grated strategic plan are needed to mitigate (A) utilizing a competitive selection proc- proceeded to consider the bill. the growth of orbital debris wherever pos- ess when exclusive arrangements are nec- Mr. CORNYN. I ask unanimous con- sible; and essary; and sent that the bill be considered read a (3) the delay in the Office of Science and (B) pursuant to public announcements third time and passed and the motion Technology Policy’s submission of a report when exclusive arrangements are necessary. to reconsider be considered made and on the status of international coordination (d) TRANSPARENCY.—The Administrator laid upon the table. and development of orbital debris mitigation shall publicly disclose on the Administra- The PRESIDING OFFICER. Without strategies is inconsistent with such risks. tion’s website and make available in a objection, it is so ordered. (b) REPORTS.— searchable format each Space Act Agree- The bill (H.R. 609) was ordered to a (1) COORDINATION.—Not later than 90 days ment, including an estimate of committed after the date of enactment of this Act, the NASA resources and the expected benefits to third reading, was read the third time, Administrator shall submit to the appro- agency objectives for each agreement, with and passed. priate committees of Congress a report on appropriate redactions for proprietary, sen- f the status of efforts to coordinate with for- sitive, or classified information, not later PROVIDING FOR A JOINT SESSION eign countries within the Inter-Agency than 60 days after such agreement is signed Space Debris Coordination Committee to by the parties. OF CONGRESS TO RECEIVE A mitigate the effects and growth of orbital de- (e) ANNUAL REPORTS.— MESSAGE FROM THE PRESIDENT bris under section 1202(b)(1) of the National (1) REQUIREMENT.—Not later than 90 days Mr. CORNYN. Mr. President, I ask Aeronautics and Space Administration Au- after the end of each fiscal year, the Admin- that the Chair lay before the Senate H. thorization Act of 2010 (42 U.S.C. 18441(b)(1)). istrator shall submit to the appropriate com- Con. Res. 23, which was received from (2) MITIGATION STRATEGY.—Not later than mittees of Congress a report on the use of 90 days after the date of enactment of this Space Act Agreement authority by the Ad- the House. Act, the Director of the Office of Science and ministration during the previous fiscal year. The PRESIDING OFFICER. The Technology Policy shall submit to the appro- (2) CONTENTS.—The report shall include for clerk will report the concurrent resolu- priate committees of Congress a report on each Space Act Agreement in effect at the tion by title. the status of the orbital debris mitigation time of the report— The senior assistant legislative clerk strategy required under section 1202(b)(2) of (A) an indication of whether the agreement read as follows: the National Aeronautics and Space Admin- is a reimbursable, non-reimbursable, or fund- A concurrent resolution (H. Con. Res. 23) istration Authorization Act of 2010 (42 U.S.C. ed Space Act Agreement; providing for a joint session of Congress to 18441(b)(2)). (B) a description of— receive a message from the President.

VerDate Sep 11 2014 02:29 Feb 18, 2017 Jkt 069060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A16FE6.075 S16FEPT2 S1416 CONGRESSIONAL RECORD — SENATE February 17, 2017 Thereupon, the Senate proceeded to A resolution (S. Res. 65) designating March There being no objection, the Senate consider the concurrent resolution. 3, 2017, as ‘‘National Speech and Debate Edu- proceeded to consider the resolution. Mr. CORNYN. I ask unanimous con- cation Day.’’ Mr. CORNYN. I ask unanimous con- sent that the resolution be agreed to There being no objection, the Senate sent that the resolution be agreed to, and the motion to reconsider be consid- proceeded to consider the resolution. the preamble be agreed to, and the mo- ered made and laid upon the table with Mr. CORNYN. I ask unanimous con- tions to reconsider be considered made no intervening action or debate. sent that the resolution be agreed to, and laid upon the table with no inter- The PRESIDING OFFICER. Without the preamble be agreed to, and the mo- vening action or debate. objection, it is so ordered. tions to reconsider be considered made The PRESIDING OFFICER. Without The concurrent resolution (H. Con. and laid upon the table with no inter- objection, it is so ordered. Res. 23) was agreed to. vening action or debate. The resolution (S. Res. 67) was agreed f The PRESIDING OFFICER. Without to. objection, it is so ordered. RECOGNIZING FEBRUARY 26, 2017, The preamble was agreed to. The resolution (S. Res. 65) was agreed (The resolution, with its preamble, is AS THE 100TH ANNIVERSARY OF to. THE ESTABLISHMENT OF printed in today’s RECORD under ‘‘Sub- The preamble was agreed to. mitted Resolutions.’’) DENALI NATIONAL PARK AND (The resolution, with its preamble, is PRESERVE IN THE STATE OF printed in today’s RECORD under ‘‘Sub- f ALASKA mitted Resolutions.’’) Mr. CORNYN. Mr. President, I ask f ORDERS FOR MONDAY, FEBRUARY unanimous consent that the Judiciary SUPPORTING THE GOALS AND 20, 2017, THROUGH MONDAY, FEB- Committee be discharged from further IDEALS OF CAREER AND TECH- RUARY 27, 2017 consideration of and the Senate now NICAL EDUCATION MONTH proceed to the consideration of S. Res. Mr. CORNYN. Mr. President, I ask 55. Mr. CORNYN. Mr. President, I ask unanimous consent that when the Sen- The PRESIDING OFFICER. Without unanimous consent that the Senate ate completes its business today, it ad- objection, it is so ordered. proceed to the immediate consider- journ, to then convene for pro forma The clerk will report the resolution ation of S. Res. 66, submitted earlier sessions only, with no business being by title. today. conducted, on the following dates and The senior assistant legislative clerk The PRESIDING OFFICER. The times, and that following each pro read as follows: clerk will report the resolution by forma session, the Senate adjourn until A resolution (S. Res. 55) recognizing Feb- title. the next pro forma session: Monday, ruary 26, 2017, as the 100th anniversary of the The senior assistant legislative clerk February 20, at 4:30 p.m., Thursday, establishment of Denali National Park and read as follows: February 23, at 9 a.m.; I further ask Preserve in the State of Alaska. A resolution (S. Res. 66) supporting the that when the Senate adjourns on There being no objection, the Senate goals and ideals of Career and Technical Thursday, February 23, it next convene proceeded to consider the resolution. Education Month. at 12 noon, Monday, February 27; that Mr. CORNYN. I ask unanimous con- There being no objection, the Senate following the prayer and pledge, the sent that the resolution be agreed to; proceeded to consider the resolution. morning hour be deemed expired, the the Murkowski amendment to the pre- Mr. CORNYN. Mr. President, I fur- Journal of proceedings be approved to amble be agreed to; the preamble, as ther ask unanimous consent that the date, the time for the two leaders be amended, be agreed to; and the motions resolution be agreed to, the preamble reserved for their use later in the day, to reconsider be considered made and be agreed to, and the motions to recon- and Morning Business be closed; fur- laid upon the table. sider be considered made and laid upon ther, that following leader remarks, The PRESIDING OFFICER. Without the table with no intervening action or the Senate proceed to executive ses- objection, it is so ordered. debate. sion, as under the previous order; fi- The resolution (S. Res. 55) was agreed The PRESIDING OFFICER. Without nally, that at 3 p.m., Senator SASSE be to. objection, it is so ordered. recognized to deliver Washington’s The amendment (No. 191) was agreed The resolution (S. Res. 66) was agreed Farewell Address, as under the pre- to, as follows: to. vious order. (Purpose: To improve the resolution) The preamble was agreed to. The PRESIDING OFFICER. Without Amend the sixteenth whereas clause to (The resolution, with its preamble, is objection, it is so ordered. read as follows: printed in today’s RECORD under ‘‘Sub- Whereas Denali National Park and Pre- mitted Resolutions.’’) f serve has provided a wide array of visitor ex- f periences to tourists, including hiking, dog ADJOURNMENT UNTIL MONDAY, mushing, rafting, and cycling; EXPRESSING SUPPORT FOR THE FEBRUARY 20, 2017, AT 4:30 P.M. The preamble, as amended, was DESIGNATION OF ‘‘NATIONAL agreed to. HEALTH AND WELLNESS COACH Mr. CORNYN. Mr. President, if there (The resolution with its preamble, as RECOGNITION WEEK’’ is no further business to come before the Senate, I ask unanimous consent amended, will be printed in a future Mr. CORNYN. Mr. President, I ask edition of the RECORD.) that it stand adjourned under the pre- unanimous consent that the Senate vious order. f proceed to the immediate consider- There being no objection, the Senate, NATIONAL SPEECH AND DEBATE ation of S. Res. 67, submitted earlier at 1:54 p.m., adjourned until Monday, EDUCATION DAY today. February 20, 2017, at 4:30 p.m. The PRESIDING OFFICER. The Mr. CORNYN. Mr. President, I ask clerk will report the resolution by f unanimous consent that the Senate title. proceed to the consideration of S. Res. The senior assistant legislative clerk CONFIRMATION 65, submitted earlier today. read as follows: The PRESIDING OFFICER. The A resolution (S. Res. 67) expressing support Executive nomination confirmed by clerk will report the resolution by for health and wellness coaches for the des- the Senate February 17, 2017: title. ignation of February 13, 2017, through Feb- ENVIRONMENTAL PROTECTION AGENCY The senior assistant legislative clerk ruary 19, 2017, as ‘‘National Health and SCOTT PRUITT, OF OKLAHOMA, TO BE ADMINISTRATOR read as follows: Wellness Coach Recognition Week.’’ OF THE ENVIRONMENTAL PROTECTION AGENCY.

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HIGHLIGHTS Senate confirmed the nomination of Mick Mulvaney, of South Carolina, to be Director of the Office of Management and Budget. Senate confirmed the nomination of Scott Pruitt, of Oklahoma, to be Ad- ministrator of the Environmental Protection Agency. Senate National Park and Preserve in the State of Alaska, Chamber Action and the resolution was then agreed to, after agreeing Routine Proceedings, pages S1223–S1416 to the following amendment proposed thereto: Measures Introduced: Thirty-eight bills and seven Page S1416 resolutions were introduced, as follows: S. 405–442, Cornyn (for Murkowski) Amendment No. 191, re- S.J. Res. 23, and S. Res. 62–67. lating to visitor experiences. Page S1416 Pages S1304–05, S1396–97 National Speech and Debate Education Day: Measures Reported: Senate agreed to S. Res. 65, designating March 3, S. Res. 62, authorizing expenditures by commit- 2017, as ‘‘National Speech and Debate Education tees of the Senate for the periods March 1, 2017 Day’’. Page S1416 through September 30, 2017, October 1, 2017 Career and Technical Education Month: Senate through September 30, 2018, and October 1, 2018 agreed to S. Res. 66, supporting the goals and ideals through February 28, 2019. of Career and Technical Education Month. S. 63, to clarify the rights of Indians and Indian tribes on Indian lands under the National Labor Re- Page S1416 lations Act. (S. Rept. No. 115–3) Pages S1304, S1396 National Health and Wellness Coach Recogni- Measures Passed: tion Week: Senate agreed to S. Res. 67, expressing support for health and wellness coaches and for the National Aeronautics and Space Administration designation of February 13, 2017, through February Transition Authorization Act: Senate passed S. 442, 19, 2017, as ‘‘National Health and Wellness Coach to authorize the programs of the National Aero- Recognition Week’’. Page S1416 nautics and Space Administration. Pages S1400–15 Washington’s Farewell Address—Agreement: A Abie Abraham VA Clinic: Committee on Vet- unanimous-consent agreement was reached providing erans’ Affairs was discharged from further consider- that at 3 p.m., on Monday, February 27, 2017, Sen- ation of H.R. 609, to designate the Department of ator Sasse be recognized to deliver Washington’s Veterans Affairs health care center in Center Town- Farewell Address, as under the previous order. ship, Butler County, Pennsylvania, as the ‘‘Abie Abraham VA Clinic’’, and the bill was then passed. Page S1416 Page S1415 Pro Forma Sessions—Agreement: A unanimous- Joint Session of Congress: Senate agreed to H. consent agreement was reached providing that the Con. Res. 23, providing for a joint session of Con- Senate adjourn, to then convene for pro forma ses- gress to receive a message from the President. sions only, with no business being conducted on the Pages S1415–16 following dates and times, and that following each pro forma session, the Senate adjourn until the next Denali National Park: Committee on the Judici- pro forma session: Monday, February 20, 2017 at ary was discharged from further consideration of S. 4:30 p.m.; Thursday, February 23, 2017 at 9 a.m.; Res. 55, recognizing February 26, 2017, as the and that when the Senate adjourns on Thursday, 100th anniversary of the establishment of Denali D173

VerDate Sep 11 2014 10:46 Oct 27, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 C:\ERIC\D16FE7.PT2 D16FE7 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE D174 CONGRESSIONAL RECORD — DAILY DIGEST February 16, 2017 February 23, 2017, it next convene at 12 noon, on Adjournment: Senate convened at 10 a.m., on Monday, February 27, 2016. Page S1416 Thursday, February 16, 2017, and adjourned at 1:54 Ross Nomination—Agreement: Senate resumed p.m., on Friday, February 17, 2017, until 4:30 p.m. consideration of the nomination of Wilbur L. Ross, on Monday, February 20, 2017. (For Senate’s pro- Jr., of Florida, to be Secretary of Commerce. gram, see the remarks of the Acting Majority Leader Pages S1391–92, S1400 in today’s Record on page S1416.) During consideration of this nomination today, Senate also took the following action: Committee Meetings By 66 yeas to 31 nays (Vote No. 72), Senate agreed to the motion to close further debate on the (Committees not listed did not meet) nomination. Pages S1391–92 RESHAPING THE U.S. MILITARY A unanimous-consent-time agreement was reached Committee on Armed Services: Committee concluded a providing that at 7 p.m., on Monday, February 27, hearing to examine reshaping the United States mili- 2017, all post-cloture time be considered expired on tary, after receiving testimony from David A. the nomination and Senate vote on confirmation of Ochmanek, RAND Corporation; James P. Thomas, the nomination. Page S1400 The Telemus Group; Thomas M. Donnelly, Amer- A unanimous-consent agreement was reached pro- ican Enterprise Institute for Public Policy Research viding that at approximately 12 noon, on Monday, Marilyn Ware Center for Security Studies; and Bryan February 27, 2017, Senate resume consideration of Clark, Center for Strategic and Budgetary Assess- the nomination, post-cloture, as under the previous ments. order. Page S1416 IMPROVING TSA Nomination Confirmed: Senate confirmed the fol- lowing nominations: Committee on Commerce, Science, and Transportation: Sub- committee on Aviation Operations, Safety, and Secu- By 51 yeas to 49 nays (Vote No. EX. 68), Mick rity concluded a hearing to examine stakeholder per- Mulvaney, of South Carolina, to be Director of the spectives on improving the Transportation Security Office of Management and Budget. Administration for the security of the traveling pub- Pages S1226–29, S1275 lic, after receiving testimony from Stephen A. Routine lists in the Army, and Navy. Page S1313 Alterman, Cargo Airline Association, on behalf of By 52 yeas to 46 nays (Vote No. EX. 71), Scott Aviation Security Advisory Committee, and Sharon Pruitt, of Oklahoma, to be Administrator of the En- Pinkerton, Airlines for America, both of Wash- vironmental Protection Agency. ington, D.C.; Kim Day, Denver International Air- Pages S1229–75, S1275–95, S1315–91, S1416 port, Denver, Colorado; and Mark Laustra, Analogic During consideration of this nomination today, Corporation, Peabody, Massachusetts. Senate also took the following action: NOMINATION By 54 yeas to 46 nays (Vote No. 69), Senate agreed to the motion to close further debate on the Committee on Finance: Committee concluded a hearing nomination. Pages S1229–30 to examine the nomination of Seema Verma, of Indi- By 47 yeas to 51 nays (Vote No. 70), Senate re- ana, to be Administrator of the Centers for Medicare jected the motion to extend debate on the nomina- and Medicaid Services, Department of Health and tion. Page S1390 Human Services, after the nominee, who was intro- duced by Senators Donnelly and Young, testified and Messages from the House: Page S1393 answered questions in her own behalf. Executive Communications: Pages S1393–96 NOMINATION Additional Cosponsors: Pages S1397–98 Committee on Foreign Relations: Committee concluded Statements on Introduced Bills/Resolutions: a hearing to examine the nomination of David Fried- Pages S1398–99 man, of New York, to be Ambassador to Israel, De- Additional Statements: Page S1393 partment of State, after the nominee, who was intro- duced by Senator Graham and former Senator Joe Amendments Submitted: Page S1399 Lieberman, testified and answered questions in his Authorities for Committees to Meet: Page S1399 own behalf. Privileges of the Floor: Pages S1399–S1400 DEMOCRACY AND HUMAN RIGHTS Record Votes: Five record votes were taken today. Committee on Foreign Relations: Subcommittee on (Total—72) Pages S1229, S1230, S1390–92 Western Hemisphere, Transnational Crime, Civilian

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Security, Democracy, Human Rights, and Global BUSINESS MEETING Women’s Issues concluded a hearing to examine de- Committee on Agriculture, Nutrition, and Forestry: Com- mocracy and human rights, focusing on the case for mittee announced the following subcommittee as- United States leadership, after receiving testimony signments: from former Representative Mark Green, Inter- national Republican Institute, Carl Gershman, The Subcommittee on Commodities, Risk Management, and National Endowment for Democracy, Kenneth Trade: Senators Boozman (Chair), Cochran, Hoeven, Wollack, National Democratic Institute, and Hala Grassley, Thune, Daines, Perdue, Heitkamp, Brown, Aldosari, Arab Gulf States Institute, all of Wash- Bennet, Gillibrand, Donnelly, and Van Hollen. ington, D.C.; Garry Kasparov, Human Rights Foun- Subcommittee on Rural Development and Energy: Sen- dation, New York, New York; and Danilo ators Ernst (Chair), Cochran, Boozman, Hoeven, Maldonado Machado. Thune, Daines, Strange, Van Hollen, Brown, Klo- buchar, Bennet, Donnelly, and Heitkamp. BUSINESS MEETING Subcommittee on Conservation, Forestry, and Natural Committee on Rules and Administration: Committee or- Resources: Senator Daines (Chair), Cochran, McCon- dered favorably reported an original resolution (S. nell, Boozman, Grassley, Strange, Bennet, Leahy, Res. 62) authorizing expenditures by committees of Klobuchar, Donnelly, and Casey. the Senate for the periods March 1, 2017 through Subcommittee on Nutrition, Agricultural Research, and September 30, 2017, October 1, 2017 through Sep- Specialty Crops: Senators Strange (Chair), McConnell, tember 30, 2018, and October 1, 2018 through Feb- Boozman, Hoeven, Ernst, Perdue, Casey, Leahy, ruary 28, 2019, and adopted its rules of procedure Brown, Gillibrand, and Van Hollen. for the 115th Congress. Subcommittee on Livestock, Marketing, and Agriculture INTELLIGENCE Security: Senators Perdue (Chair), McConnell, Ernst, Select Committee on Intelligence: Committee held closed Grassley, Thune, Daines, Gillibrand, Leahy, Klo- hearings on intelligence matters, receiving testimony buchar, Heitkamp, and Casey. from officials of the intelligence community. Senators Roberts and Stabenow are ex officio members of Committee recessed subject to the call. each subcommittee. h House of Representatives Journal: The House agreed to the Speaker’s approval Chamber Action of the Journal by voice vote. Pages H1255, H1280 Public Bills and Resolutions Introduced: 96 pub- Member Resignation: Read a letter from Rep- lic bills, H.R. 1101–1196; 3 private bills, H.R. resentative Mulvaney, wherein he resigned as Rep- 1197–1199; and 24 resolutions, H.J. Res. 76–82; H. resentative for the Fifth Congressional District of Con. Res. 28–29; and H. Res. 131–145 were intro- South Carolina, effective immediately. Page H1255 duced. Pages H1296–H1303 Whole Number of the House: The Chair an- Additional Cosponsors: Pages H1306–07 nounced to the House that, in light of the resigna- Report Filed: A report was filed today as follows: tion of the gentleman from South Carolina, Mr. H.R. 393, to provide for an exception to a limita- Mulvaney, the whole number of the House is 431. tion against appointment of persons as Secretary of Page H1255 Defense within seven years of relief from active duty Committee Resignation: Read a letter from Rep- as a regular commissioned officer of the Armed resentative Bishop (MI) wherein he resigned from Forces (H. Rept. 115–13). Page H1296 the Committees on the Judiciary and Education and Speaker: Read a letter from the Speaker wherein he the Workforce. Page H1259 appointed Representative Rogers (KY) to act as Committee Elections: The House agreed to H. Res. Speaker pro tempore for today. Page H1247 131, electing Members to certain standing commit- Recess: The House recessed at 10:45 a.m. and re- tees of the House of Representatives. Page H1259 convened at 12 noon. Page H1255 Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the

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IRAN ON NOTICE THE STATE OF RELIGIOUS LIBERTY IN AMERICA Committee on Foreign Affairs: Full Committee held a hearing en- Committee on the Judiciary: Subcommittee on the Constitution titled ‘‘Iran on Notice’’. Testimony was heard from public wit- and Civil Justice held a hearing entitled ‘‘The State of Reli- nesses. gious Liberty in America’’. Testimony was heard from public witnesses. A DANGEROUS AND SOPHISTICATED ADVERSARY: THE THREAT TO THE HOMELAND POSED BY NASA: PAST, PRESENT, AND FUTURE CARTEL OPERATIONS Committee on Science, Space, and Technology: Full Committee held Committee on Homeland Security: Subcommittee on Border and a hearing entitled ‘‘NASA: Past, Present, and Future’’. Testi- Maritime Security held a hearing entitled ‘‘A Dangerous and mony was heard from public witnesses. Sophisticated Adversary: The Threat to the Homeland Posed by Cartel Operations’’. Testimony was heard from Vice Admiral STATE OF THE SMALL BUSINESS ECONOMY Charles Ray, Deputy Commandant for Operations, U.S. Coast Committee on Small Business: Subcommittee on Economic Guard; Chief Paul Beeson, Commander, Joint Task Force— Growth, Tax and Capital Access held a hearing entitled ‘‘State West, Arizona, Department of Homeland Security; Matt Allen, of the Small Business Economy’’. Testimony was heard from Assistant Director for HIS Investigative Programs, Homeland public witnesses. Security Investigations, Department of Homeland Security; and Luis E. Arreaga, Principal Deputy Assistant Secretary, Bureau THE USE OF OFFICIAL TIME FOR UNION of International Narcotics and Law Enforcement Affairs, De- ACTIVITIES AT THE DEPARTMENT OF VETERANS partment of State. AFFAIRS WATCHDOG RECOMMENDATIONS: A BETTER WAY Committee on Veterans’ Affairs: Subcommittee on Economic Op- AHEAD TO MANAGE THE DEPARTMENT OF portunity; and Subcommittee on Government Operations of the HOMELAND SECURITY House Committee on Oversight and Government Reform held a hearing entitled ‘‘The Use of Official Time for Union Activi- Committee on Homeland Security: Subcommittee on Oversight and ties at the Department of Veterans Affairs’’. Testimony was Management Efficiency held a hearing entitled ‘‘Watchdog heard from Cindy Brown Barnes, Director, Education, Work- Recommendations: A Better Way Ahead to Manage the De- force and Income Security, Government Accountability Office; partment of Homeland Security’’. Testimony was heard from Kimberly Perkins McLeod, Acting Executive Director, Labor John Roth, Inspector General, Department of Homeland Secu- Management Relations, Department of Veterans Affairs; and rity; and Rebecca Gambler, Director, Homeland Security and public witnesses. Justice Issues, Government Accountability Office. COMMITTEE FUNDING FOR THE 115TH CONGRESS Joint Meetings Committee on House Administration: Full Committee concluded a hearing on committee funding for the 115th Congress. Testi- No joint committee meetings were held. mony was heard from Chairman Hensarling, Chairman Thorn- f berry, Chairman Roe of Tennessee, Chairman Goodlatte, Chair- man Chaffetz, Chairman Black, Chairman Smith of Texas, and COMMITTEE MEETINGS FOR FRIDAY, Representatives Maxine Waters of California, Smith of Wash- FEBRUARY 17, 2017 ington, Walz, Conyers, Cummings, Yarmuth, and Eddie Ber- (Committee meetings are open unless otherwise indicated) nice Johnson of Texas. Senate LEGISLATIVE MEASURE Committee on Agriculture, Nutrition, and Forestry: organizational busi- Committee on the Judiciary: Subcommittee on Regulatory Reform, ness meeting to consider subcommittee assignments, Time to be an- Commercial and Antitrust Law held a hearing on H.R. 372, nounced, S–216, Capitol. the ‘‘Competitive Health Insurance Reform Act of 2017’’. Tes- timony was heard from Representatives Gosar and Austin Scott House of Georgia and public witnesses. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES Friday, February 17 1 p.m., Friday, February 17

Senate Chamber House Chamber Program for Friday: Senate will continue in the session Program for Friday: House will meet in Pro Forma ses- that began on Thursday, February 16, 2017. See next vol- sion at 1 p.m. ume of the Congressional Record.

Extensions of Remarks, as inserted in this issue

HOUSE Denham, Jeff, Calif., E209, E215 LaHood, Darin, Ill., E211 Doyle, Michael F., Pa., E216 Lipinski, Daniel, Ill., E208 Babin, Brian, Tex., E209, E214 Duncan, John J., Jr., Tenn., E214 Noem, Kristi L., S.Dak., E218 Bass, Karen, Calif., E212 Frelinghuysen, Rodney P., N.J., E211 Norton, Eleanor Holmes, The District of Columbia, Beyer, Donald S., Jr., Va., E207 Gaetz, Matt, Fla., E213 E212 Biggs, Andy, Ariz., E208 Hice, Jody B., Ga., E215 Rooney, Francis, Fla., E216 Bishop, Sanford D., Jr., Ga, E210, E214 Higgins, Brian, N.Y., E209, E212 Shuster, Bill, Pa., E207 Butterfield, G.K., N.C., E210 Huffman, Jared, Calif., E208 Wittman, Robert J., Va., E207, E208 Carson, Andre´, Ind., E213 Jackson Lee, Sheila, Tex., E207 Young, David, Iowa, E209, E210, E211, E213, E214, E215, Costa, Jim, Calif., E213, E215 King, Steve, Iowa, E214 E216, E218

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