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

Vol. 165 WASHINGTON, WEDNESDAY, FEBRUARY 13, 2019 No. 28 Senate The Senate met at 10 a.m. and was MEASURE PLACED ON THE The negotiators also prevented last- called to order by the President pro CALENDAR—S. 464 minute efforts to hamstring the U.S. tempore (Mr. GRASSLEY). Mr. MCCONNELL. Mr. President, I Immigrations and Customs Enforce- ment with an unprecedented statutory f understand there is a bill at the desk due for a second reading. limit on their ability to detain crimi- PRAYER The PRESIDING OFFICER. The nal aliens in the interior of our coun- clerk will read the title of the bill for try. The Chaplain, Dr. Barry C. Black, of- Instead, here is what their agreement a second time. fered the following prayer: does provide. It provides another sig- The senior assistant legislative clerk Let us pray. nificant downpayment on the Presi- Almighty God, our refuge and read as follows: dent’s plan to secure our Nation’s bor- strength, Your Kingdom cannot be A bill (S. 464) to require the treatment of ders with new physical barriers and shaken. We praise You that more a lapse in appropriations as a mitigating keep American communities safe. It things are wrought by prayer than we condition when assessing financial consider- ations for security clearances, and for other provides nearly $1.4 billion for new bar- can imagine. We are grateful for Your purposes. riers in the Border Patrol’s highest pri- invitation to ask and receive, to seek ority areas—enough to build nearly Mr. MCCONNELL. Mr. President, in and find, and to knock for doors to twice as many miles as were funded order to place the bill on the calendar open. last year. It gives ICE the capacity and under the provisions of rule XIV, I ob- May this prayer that opens today’s the flexibility to continue responding ject to further proceedings. session be a springboard for our law- to surges in illegal immigration. It The PRESIDING OFFICER. Objec- makers to communicate with You continues to provide the President tion having been heard, the bill will be throughout the day. May they pause with appropriate reprogramming au- placed on the calendar. repeatedly during their challenging thority, so he can direct additional world to ask You for wisdom and guid- f funding toward urgent homeland secu- ance. Lord, empower the members of GOVERNMENT FUNDING rity priorities should circumstances re- their staffs and all who labor for lib- quire. Of course, in addition to all this, Mr. MCCONNELL. Mr. President, yes- erty to harness prayer power continu- the legislation will wrap up all our out- terday Chairman SHELBY, Ranking ously. standing regular appropriations bills Member LEAHY, and their House coun- and get the entire Federal Government We pray in Your powerful Name. terparts continued finalizing their leg- Amen. funded the right way. islative proposal to fund the govern- It goes without saying that neither f ment. Their negotiated solution would side is getting everything it wants. wrap up this year’s appropriations and PLEDGE OF ALLEGIANCE That is the way it goes in divided gov- avoid another partial government shut- ernment. If the text of the bill reflects The President pro tempore led the down. the principles agreed to on Monday, it Pledge of Allegiance, as follows: As our colleagues hammer out the won’t be a perfect deal, but it will be a I pledge allegiance to the Flag of the final details, I would like to thank good deal. United States of America, and to the Repub- them again for their cooperative, bi- I hope that our colleagues will com- lic for which it stands, one nation under God, partisan efforts that have brought us plete the process of turning these prin- indivisible, with liberty and justice for all. to this point. The agreement reached ciples into legislation soon and final on Monday was achieved because the f text that can become law before this conference committee set aside far-left Friday’s deadline. RESERVATION OF LEADER TIME poison pills and utterly absurd de- We can’t let any unrelated, cynical, mands. None of these radical non- The PRESIDING OFFICER (Mr. partisan plays get in the way of fin- starters was allowed to torpedo the DAINES). Under the previous order, the ishing this important process. I under- process. leadership time is reserved. stand, for example, that Speaker Notwithstanding weeks of over-the- PELOSI and House Democrats are ap- f top rhetoric from Speaker PELOSI, the parently objecting, believe it or not, to agreement did not cave to the far-left a modest extension of the Violence RECOGNITION OF THE MAJORITY demand that no more than a single dol- Against Women Act. They want this LEADER lar go toward new barriers on the authority to expire on Friday. The PRESIDING OFFICER. The ma- southern border—no, indeed, it pro- Republicans believe that we should jority leader is recognized. vides well over a billion such dollars. follow standard procedure and extend

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

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VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.000 S13FEPT1 S1286 CONGRESSIONAL RECORD — SENATE February 13, 2019 this important legislation through the out the window and carve out a par- party. I remember when constitu- end of the fiscal year, which is about 7 tisan majority on this crucial Commis- tionally minded leaders on both sides months. There are new chairmen in sion. of the aisle would have recoiled at ef- this Congress of both the Senate and This proposal is outrageous enough forts to chill or even to prohibit a pri- House Judiciary Committees, and a on its face, but just wait until you hear vate citizen’s ability to speak. modest extension of this authority about all the new things the Democrat Let’s not forget, in every one of these would allow them to work on a longer Politician Protection Act would let cases, when these fuzzy, new lines and term reauthorization of this important this newly partisan FEC actually do. vague rules need enforcing, who has law. In addition, a modest extension of First, they turn it over to the party the final say? Why, it is the newly par- this law is consistent with how this of the President, so they have a clear tisan Federal Election Commission matter has been handled in the past. majority to go after the minority. But that determines who gets to speak and Every time a continuing resolution was let’s see what they can do. There are who doesn’t. My Democratic colleagues necessary in the past Congress, Repub- incredibly vague new standards that are trying to muddy the rule book and licans made sure it included an exten- seem tailor-made to give this partisan mount a hostile takeover of the ref- sion of VAWA. FEC the maximum latitude to penalize erees all at the same time. I don’t know what cynical ploy my or silence certain speech. You begin to Let me just close with this. Back in Democratic colleagues may be trying get the picture. Of course, this partisan 1974, as the creation of the FEC was de- to pull here, but surely no political ma- FEC is going to want to silence the bated here in this Chamber, California neuvering should be worth letting the voices of its opponents. Democratic Senator Alan Cranston Violence Against Women Act lapse this Let me give a few examples. gave this warning: ‘‘The FEC has such Friday, 2 days from now. It is time to The newly partisan FEC would be a potential for abuse in our democratic get this done. handed the ability to determine what society that the President should not f kind of speech is ‘‘campaign-related’’— be given power over the Commission.’’ growing its jurisdiction and widening Wise words. H.R. 1 its bureaucratic wingspan over more of Back then, a California Democrat Mr. MCCONNELL. Mr. President, as I the public discourse, including issues of was warning against a partisan take- alluded to earlier this week, I have a the day and not just elections. over of the American electoral system. feeling this conference is just getting Private citizens, for example, would It is the distinguished Member of the started discussing Speaker PELOSI’s be required to make the government House from San Francisco, Speaker signature bill, H.R. 1. I, for one, am aware of times they spend even small PELOSI, who is now, today, eager to continue shining the spotlight amounts of money in engaging in First cheerleading for that very change. on the Democrat Politician Protection Amendment activities. Private citizens The Democratic Party has changed Act and asking why, exactly, Wash- have to notify the government if they its views on this subject a lot in the ington Democrats are so intent on as- are going to engage in spending small last 45 years, but the purpose of the signing themselves a whole lot more amounts of money on First Amend- FEC has not changed one bit, and nei- power over what American citizens can ment activities—on expressing them- ther has the importance of the First say about politics, how we can say it, selves—or they will face penalties. Amendment. and how we cast our ballots. More speech would fall into this cat- Remember, among the many fairly egory whereby Americans would have f blatant power plays built into this leg- to dutifully notify Federal bureaucrats CONCLUSION OF MORNING islation is a naked attempt to turn our that they are speaking their minds or BUSINESS neutral Federal Election Commission else pay a fine. To put it another way, The PRESIDING OFFICER. Morning into a partisan weapon. The FEC is a it is free speech as long as you fill out business is closed. body that, since Watergate and for ob- government forms and mail a couple of vious reasons, has had an even-num- carbon copies to Washington. f bered membership and equal division In other cases, the Democrats want EXECUTIVE SESSION between the two parties. Enforcement to impose stunningly vague, broad, and and penalty require both parties to potentially unconstitutional restric- agree, or at least one Commissioner tions on the abilities of all kinds of ad- EXECUTIVE CALENDAR from one party has to agree with three vocacy groups—on all sides of the po- The PRESIDING OFFICER. Under Commissioners of the other party. This litical spectrum—to exercise their con- the previous order, the Senate will pro- is meant to ensure that complaints are stitutional right to speak out about ceed to executive session to resume evaluated on their substance, not for elected politicians and their positions consideration of the following nomina- purely political considerations. on substantive issues. tion, which the clerk will report. I guess Speaker PELOSI and her col- Let’s go over that again because I The senior assistant legislative clerk leagues are tired of playing fair and know this is a technical subject. read the nomination of William trying to persuade the old-fashioned Under the guise of cracking down on Pelham Barr, of Virginia, to be Attor- way because the Democrat Politician ‘‘super PAC coordination,’’ the Demo- ney General. Protection Act would take the FEC crats want to give a partisan FEC new Mr. MCCONNELL. Mr. President, I down to a five-member body and give powers to prohibit advocacy groups suggest the absence of a quorum. sitting Presidents—listen to this one— from weighing in on politicians’ job The PRESIDING OFFICER. The it would give sitting Presidents the performances and the issues of the day clerk will call the roll. power to appoint the Chairperson. under a broad set of new conditions. The senior assistant legislative clerk They would turn the FEC into a na- Washington Democrats want individual proceeded to call the roll. kedly partisan body and give the sit- American citizens, civic groups, trade Mr. SCHUMER. Mr. President, I ask ting President the power to appoint the associations, labor unions, and non- unanimous consent that the order for Chairperson—where his or her party profits to face more restrictions, more the quorum call be rescinded. would have a 3-to-2 advantage—who hurdles, and more potential penalties The PRESIDING OFFICER. Without holds the keys to determine whom to for daring to have opinions about the objection, it is so ordered. investigate and what enforcement to political races that decide who goes to pursue. Washington in the first place. RECOGNITION OF THE MINORITY LEADER The evenness of the FEC is a vital Call me old-fashioned, but I remem- The PRESIDING OFFICER. The way to ensuring that Americans’ polit- ber when both political parties were Democratic leader is recognized. ical speech and campaigns for public more interested in trying to win de- GOVERNMENT FUNDING office are regulated fairly and bates than in trying to shut down de- Mr. SCHUMER. Mr. President, we evenhandedly. Of course, that needs to bates. This will be an FEC designed to have a clear and obvious way to avoid be done on a bipartisan basis, but the stifle free speech and tilt the playing another government shutdown in 48 Democrats want to throw that right field in the direction of the President’s hours. The conference committee has

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.001 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1287 done its job. It has forged a bipartisan uncertainty of the President’s signa- the courts will uphold these unpopular agreement that would keep the govern- ture. So I repeat my request: President positions. ment open through September as well Trump, say you will sign this bill. Re- Mr. Park has a long and detailed as provide additional border security. move the ax hanging over everyone’s record of support for the most conserv- As with all bipartisan agreements, it head. To make progress in our democ- ative legal causes. A judge is asked to is the product of compromise. Each racy, you have to accept the give-and- interpret the law rather than make the side gave a little; each side got a little. take. You have to accept some conces- law, to apply fairly the legal principles The conferees deserve our praise for sions. You have to be willing to com- set forth by precedent, not reread the their hard work, their commitment, promise. Constitution to fit the political cause and their success. Any American President who says of the moment. This agreement is the last train leav- my way or no way does a real dis- Mr. Park’s career does not give me ing the station away from another service to the American people. Presi- the confidence that he can be an impar- dreaded government shutdown. The dent Trump, in politics, to quote the tial arbiter on the Second Circuit. I last time we were all in this situation, Rolling Stones, ‘‘You can’t always get will oppose his nomination, and I will the President signaled his support for a what you want.’’ It is time to put the urge my colleagues to do the same. government funding bill, only for him months of shutdown politics behind us. Now, in the not-so-distant past, my to retreat at the last possible mo- NOMINATION OF MICHAEL PARK objection to this nomination would ment—precipitating the longest shut- Mr. President, on another matter, mean that the chairman of the Judici- down in our history. It was the Trump today the Judiciary Committee is hold- ary Committee would not move for- shutdown, and he now seems to admit ing a confirmation hearing on the nom- ward with the nomination out of re- that again. ination of Mr. Michael Park for the spect for home State Senators in the No one wants to see a rerun of that Second Circuit Court of Appeals, which blue-slip tradition—but not in this movie. The President must not repeat covers my home State of New York. Congress, not with this Republican ma- his mistakes of the recent past. I have always assessed judges on jority. President Trump, sign this bill. three criteria: excellence, moderation, Since the election of President Neither side got everything it wanted diversity. While Michael Park satisfies Trump, Senate Republicans, led by in this bill, but both sides wanted to the first and third prongs of my test, Leader MCCONNELL, Chairman GRASS- avoid another shutdown—Democrats he fails miserably on the second— LEY, and now Chairman GRAHAM, have and Republicans, House and Senate. modification. unceremoniously discarded the blue- President Trump, sign this bill. Mr. Park has spent much of his ca- slip tradition. My colleagues on the The parameters of the deal are good. reer working in opposition to civil other side will say it is because we It provides additional funding for rights and seeking to advance the haven’t worked with them in a timely smart, effective border security. Let rightwing agenda that lies at the very manner to fill these vacancies, but let’s me repeat that. It does not fund the core of the Federalist Society’s mis- not kid ourselves. This is about one President’s wall, but it does fund smart sion. Mr. Park is currently working to thing and one thing alone—the desire border security that both parties sup- defend the Trump administration’s ef- of the Republican majority to ram port. It also provides humanitarian as- fort to insert a citizenship question through more of the Federalist Soci- sistance and beefs up security at our into the 2020 census—a cynical effort to ety’s handpicked, hard-right judges. ports of entry. Though it hasn’t been discourage people from responding to Last Congress, the majority con- discussed much during the negotia- the census. firmed two judges over the blue-slip ob- tions, the passage of this agreement He has been on the frontlines of the jections of Democratic Senators BALD- clears the way for the six bipartisan effort to dismantle affirmative action WIN and CASEY. A third, Ryan Bounds, appropriations bills that have lan- policies in education. In 2012, he sub- would have been confirmed over the ob- guished. These bills contain important mitted an amicus brief to the Supreme jections of Senators WYDEN and priorities, including more support for Court, writing on behalf of the peti- MERKLEY if not for Senator SCOTT’s infrastructure, housing, Tribal tioner who sought to have the univer- principled objection to Bounds’ past healthcare, the census, and money to sity’s use of race, as one consideration racist writings. combat the opioid crisis. I look forward among many, in the admissions process The practice continues, unfortu- to passing all of these appropriations struck down as unconstitutional. nately, in this Congress. Last week, bills, alongside the DHS agreement, He is currently representing the the Judiciary Committee voted along this week. plaintiffs in a suit challenging Har- party lines to advance an additional One of the last things that has to be vard’s affirmative action policy. He has four circuit court nominees over the dealt with is the negotiating of a good worked to deny women’s reproductive blue-slip objections of five Democratic compromise to fix some of the prob- freedoms when he represented the Senators—BROWN, MURRAY, CANTWELL, lems that have been created by the State of Kansas against a challenge to BOOKER, MENENDEZ—and in the coming Trump shutdown. We are trying to get its attempt to defund Planned Parent- weeks, the committee will move for- the conferees to approve a proposal to hood and ban it from participating in ward with two additional court nomi- deal with Federal contractors. Thou- the State Medicaid Program. nees over the objections of Ranking sands of Federal contractors have not In 2012, he submitted a brief to the Member FEINSTEIN and Senator HATCH. been reimbursed from the 35-day shut- Supreme Court in NFIB v. Sebelius Last Congress, we worked with the down. This issue is still hanging in the urging the Court to strike down the en- White House to move eight New York balance. The Republicans should join tire Affordable Care Act. This nominee judges—one circuit, seven district— the junior Senator from Minnesota and rather wants to get rid of the whole through the Judiciary Committee in a the Democrats in approving this legis- ACA. bipartisan way. That is how it should lation as soon as possible. If the American people knew the kind work. I would like to cooperate on New The contractors, many of them just of nominees President Trump is nomi- York judges this Congress, but the con- working people, are in the same boat as nating and the kind of nominees the tinued consideration of Michael Park, government employees, except they Republican majority is supporting, so combined with the majority’s clear in- haven’t gotten their backpay. They against everything they believe in— tentions to ignore the blue-slip tradi- should. No one should stand in the way America believes in Roe v. Wade, tion, makes this very difficult, if not of that. It is just not fair to them. America believes in keeping the ACA, impossible. I know the leader is proud They were hostages, just like the gov- America believes in voting rights—if of what he is doing on judges. I don’t ernment workers were hostages. So I they knew all these details, they would think history will look very kindly on hope we can include that in these final be appalled, and our Republican col- it; A, putting such hard-right judges, so hours of negotiations. It is very impor- leagues rarely bring these things to the against what the American people be- tant. floor legislatively. They know they lieve, in office. History will not look Now, the only remaining obstacle to would be roundly defeated, but it is kindly on that as their decisions come avoiding a government shutdown is the sort of an end run—pick judges who in down; but second, eliminating the last

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.002 S13FEPT1 S1288 CONGRESSIONAL RECORD — SENATE February 13, 2019 vestiges of bipartisanship as we select the President’s authority to act on vide Congress and the American public judges. matters which concern him or his own with the full accounting of the Mueller NOMINATION OF WILLIAM BARR conduct.’’ investigation, including any report pre- Mr. President, finally, the Senate Mr. Barr went on to explain that, in pared by the special counsel himself. will soon resume debate on the nomi- his view, President Trump would have Secondly, I asked him in writing to nation of William Barr to be the Attor- virtually unlimited authority over the commit to protecting all investiga- ney General. I oppose this for many Executive branch. As he said in his tions into matters surrounding Presi- reasons, and later today I will join my memo, the President ‘‘alone is the Ex- dent Trump and the 2016 election. Democratic colleagues during debate ecutive branch. As such, he is the sole Mr. President, I ask unanimous con- time to lay out my opposition to this repository of all Executive powers con- sent that these two letters be printed nominee. ferred by the Constitution. Thus, the in the RECORD. I yield the floor. full measure of law enforcement au- There being no objection, the mate- The PRESIDING OFFICER. The Sen- thority is placed in the President’s rial was ordered to be printed in the ator from California. hands, and no limit is placed on the RECORD, as follows: Mrs. FEINSTEIN. Mr. President, I kinds of cases subject to his control U.S. SENATE, thank the leader for his comments. I and supervision.’’ Washington, DC, January 17, 2019. want to just say that the Democrats on That is page 11 of the memo. MR. BARR: I very much appreciated your the Judiciary Committee agree with Importantly, based on these conclu- responses to questions before the Committee him, and on their behalf, I would like sions, Mr. Barr asserts that certain and hearing directly from you on many im- to make the following comments. portant issues. As I noted during the hear- Presidential actions—including firing ing, ensuring access to Mueller’s findings Last week, the Judiciary Committee FBI Director James Comey or telling voted on the nomination of William and recommendations—unchanged—is of ut- the FBI to go easy on Michael Flynn— most importance. To this end, I and others Barr to be Attorney General of the is never obstruction of justice. asked you about releasing the report as United States. All Democrats voted In fact, Mr. Barr even said that ‘‘the drafted from the Special Counsel. When I against the nomination. There are rea- President’s discretion in these areas first asked you, you clearly stated you would sons. has long been considered ‘absolute,’ provide the report. Specifically, I asked, There is no question that Mr. Barr is and his decisions exercising this discre- ‘‘Will you commit to making any report qualified. He previously served as At- Mueller produces at the conclusion of his in- tion are presumed to be regular and are torney General from 1991 to 1993, and vestigation available to Congress and to the generally deemed nonreviewable.’’ public? And you responded, ‘‘As I said in my he has had a long legal career, but the That is page 10 in the memo. question before us is whether Mr. Barr statement, I am going to make as much in- This is a stunning legal argument. formation available as I can consistent with is the right choice to lead the Justice Taken to its natural conclusion, Mr. the rules and regulations that are part of the Department, at this time, with this Barr’s analysis squarely places this special counsel regulations.’’ President, when there are currently President above the law. To argue that I then asked, ‘‘Will you commit to making several active investigations that im- the President has no check on his au- any report on the obstruction of justice pub- plicate this President, his campaign, lic?’’ You responded, ‘‘That is the same an- thority flies in the face of our constitu- his advisers, and/or his inner circle. swer. Yes.’’ tional principles of checks and bal- The answer for me and the Judiciary Later as others pressed you on these an- Committee Democrats is no. Let me ances and should be concerning to swers you expanded by saying: ‘‘As the rules stand now, people should be explain why. Five months before being Democrats and Republicans. Mr. Barr’s views about the power of aware that the rules I think say that the named for the Attorney General posi- the President are especially troubling Special Counsel will prepare a summary re- tion, Mr. Barr wrote an extensive 19- port on any prosecutive or declination deci- page, single-spaced memo in which he in light of his refusal to commit to making the special counsel’s findings sions, and that that shall be confidential and provided great detail and legal argu- shall be treated as any other declination or ments for his view of the President’s and the report publicly available, and prosecutive material within the Depart- absolute authority. Mr. Barr then his refusal to agree to protect the ment.’’ shared and discussed that memo with other investigations into President In fact the regulations state, ‘‘At the con- the White House Counsel and the Presi- Trump. clusion of the Special Counsel’s work, he or When I asked Mr. Barr about this at she shall provide the Attorney General with dent’s defense lawyers. a confidential report explaining the prosecu- In this memo, Mr. Barr outlined his the hearing, he said, in his own words, that he would ‘‘make as much informa- tion or declination decisions reached by the views on Special Counsel Mueller’s in- Special Counsel.’’ vestigation into possible obstruction of tion available as I can consistent with As you may be aware, there is nothing in justice, the unitary executive, and the rules and regulations that are part the regulations saying the report should be whether a President can, in fact, be in- of the special counsel regulations.’’ ‘‘treated as any other’’ Department mate- dicted. When others pressed him, he changed rial, nor is there anything defining confiden- One example, Mr. Barr argued that his answer to suggest that he may in- tial. Finally, there is no language in the reg- Special Counsel Mueller should not be stead release a summary of the special ulations indicating that Congress cannot have access—especially when the materials allowed to question the President counsel’s findings. This is not accept- able. There is nothing in existing law in question relate to a completed investiga- about obstruction of justice—point 1. tion. He concluded that the law does not or regulations that prevents the Attor- It is also worth noting that in the most re- apply to the President if it conflicts ney General from sharing the special cent past practice, the Department has pro- with a broad view of Executive author- counsel’s report and underlying factual vided Congress with investigative reports ity, and that view is often referred to findings with the American public. and other materials, including notes and as the unitary executive. Many of us believe this report is sem- summaries of witness interviews. Specifi- Under this belief, conflict of interest inal to the Presidency, and the public cally, with regard to the investigation into laws cannot and do not apply to the must be able to read it. Secretary Clinton the Department provided In addition, as part of our oversight investigative reports, as well as notes and President of the United States because, summaries of witness interviews. As you tes- as Mr. Barr writes in his memo, ‘‘to responsibilities, Congress routinely re- tified ‘‘the country needs a credible resolu- apply them would impermissibly quests and receives confidential infor- tion of these issues’’ which argues in favor of ‘disempower’ the President from super- mation related to closed investiga- complete transparency and public disclosure vising a class of cases that the Con- tions. In fact, recently Congress asked of as much information as possible, con- stitution grants him the authority to for and received investigative informa- sistent with national security and active law supervise. Under the Constitution, the tion, including transcripts of FBI enforcement needs. I would appreciate your response on this as President’s authority over law enforce- interviews of witnesses involved in the examination of Secretary Clinton’s quickly as possible, and prior to the Commit- ment matters is necessarily all-encom- tee’s consideration of your nomination in passing.’’ emails. This matter should be treated our Executive Business meetings. Read the memo. This is on page 11. no differently. Sincerely, Further, Mr. Barr asserted that ‘‘the After Mr. Barr’s hearing, I sent him DIANNE FEINSTEIN, Constitution, itself, places no limit on two letters. First, I asked him to pro- U.S. Senator.

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.003 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1289 U.S. SENATE, However, this qualification of ‘‘a our Nation’s history, we must have an Washington, DC, February 7, 2019. bona fide, lawful investigation’’ is all Attorney General who is objective and WILLIAM P. BARR, important. In his 19-page memo, Mr. who is clearly committed to protecting Kirkland & Ellis LLP, Barr clearly wrote this: ‘‘The full the interests of the people, the coun- Washington, DC. DEAR MR. BARR: I am writing to follow up measure of law enforcement authority try, and the Constitution.—not the on my January 17 letter about Special Coun- is placed in the President’s hands, and President. sel Mueller’s investigation, and regarding no limit is placed on the kinds of cases I yield the floor. other investigations that implicate the subject to his control and supervision,’’ The PRESIDING OFFICER. The Sen- President’s interests. As you know, you were including ‘‘matters in which he has an ator from North Dakota. asked numerous questions about both the interest.’’ I really see why he was nom- S. 47 Mueller investigation as well as investiga- inated. This is the offering of complete tions in the Southern District of New York, Mr. THUNE. Mr. President, we are Eastern District of Virginia, and District of protection from the law by the Attor- doing a number of important things in Columbia. ney General—future Attorney General, the Senate this week. As raised at your hearing, it is imperative if he should become one. Last night, we passed the Natural Re- that all of these investigations be free from Mr. Barr went on to argue that if the sources Management Act. This is a bi- any interference and allowed to continue. In President determined ‘‘an investiga- partisan package of more than 100 indi- your June 2018 memo, you took the position tion was bogus, the President ulti- that ‘‘no limit is placed on the kinds of cases vidual bills that will help protect our mately had legitimate grounds for ex- natural resources, spur economic devel- subject to [the President’s] control and su- ercising his supervisory powers to stop pervision,’’ including ‘‘matters in which he opment, increase access to public has an interest.’’ While you testified that the matter.’’ This would mean that the lands, and much more. you would not stop these investigations, you President could stop the Mueller inves- I was very pleased that my Custer qualified your answer by saying ‘‘if I thought tigation, which the President has re- County Airport Conveyance Act, which it was a lawful investigation.’’ When asked if peatedly described as a ‘‘witch hunt’’ I introduced with the other Members of the President could fire prosecutors on these and ‘‘hoax.’’ the South Dakota delegation, was in- cases, you responded that ‘‘the President is It also means that if Donald Trump cluded in this bill. This legislation will free to fire his, you know, officials that he decided the Southern District of New give Custer County Airport full owner- has appointed.’’ York’s investigation was, in Mr. Barr’s This gives you, and the President, consid- ship of the land on which it operates words, ‘‘bogus,’’ the President would erable discretion and power over these inves- and allow the airport to make improve- have the right to stop the investiga- tigations. I therefore ask for your commit- ments to its facilities. tion. Think about that. Think about ment that these investigations will be al- Custer County Airport supports busi- lowed to proceed without interference, and the ramifications of that. ness and recreational aviation and fire for an explanation of how you will safeguard When Senator BLUMENTHAL asked suppression efforts in the Black Hills their independence and integrity, if con- Mr. Barr during his hearing, ‘‘If the region, and I am pleased that this bill firmed. President fired a United States attor- Thank you for your attention to these im- will increase the airport’s ability to ney, would you support continuing that portant matters. serve this area of South Dakota. investigation, even under the civil Sincerely, I am grateful to Chairman MUR- servants, the career prosecutors, who DIANNE FEINSTEIN, KOWSKI for her leadership on this im- would remain?’’ U.S. Senator. portant lands package, as well as to Mrs. FEINSTEIN. I did not receive Mr. Barr replied, ‘‘Yeah . . . I be- Ranking Member MANCHIN and all of the courtesy of a response to either let- lieve, regardless of who or what outside those who worked on these bills at the ter. the department is trying to influence Here is a man seeking approval of his what is going on, every decision within committee level. appointment. The ranking member of the department relating to enforce- NOMINATION OF WILLIAM BARR the Judiciary Committee sends him a ment, the attorney general has to de- Mr. President, last night, the Senate letter asking two very valid questions, termine independently that—that it is moved forward on William Barr’s nomi- and there is no response. That told me a lawful action.’’ nation to be Attorney General. We will something very loud and clear. Think about that. The Attorney Gen- have the final vote on that nomination Over the past year, we have seen sev- eral becomes the arbiter, independ- later this week. eral other investigations arising out of ently, of what a lawful action com- The President made an outstanding the Southern District of New York, the prises. But, again, according to this choice with Mr. Barr. Mr. Barr is emi- Eastern District of Virginia, and the memo, firing a U.S. attorney, even if it nently qualified to be Attorney Gen- District of Columbia, where prosecu- implicates the President’s own per- eral. In fact, he has already been Attor- tors are looking into crimes involving sonal interests, is a lawful action by ney General—under President George foreign donations into the Trump inau- the President. H.W. Bush. He also served as Assistant guration committee, money laun- During this hearing, Mr. Barr stated Attorney General in the Office of Legal dering, campaign finance violations, as that ‘‘the President can fire a U.S. at- Counsel at the Department of Justice well as possible efforts by Russian torney. They are a presidential ap- and as Deputy Attorney General. agents to assist the Trump campaign pointment.’’ He has won respect from both sides of during the election. When asked about The meaning of this is clear: Pros- the aisle. He has been confirmed by the these investigations at his hearing, Mr. ecutors in these cases can be fired arbi- Senate without opposition—not once, Barr refused to pledge they would be trarily by the President of the United not twice, but three times. He was protected from interference. He refused States under his plenary authority. unanimously confirmed as Attorney to pledge that these valid investiga- As I said at the outset, the question General under George H.W. Bush in a tions would be protected from inter- is whether Mr. Barr is the right person Democrat-controlled Senate. Then-Ju- ference. for the job at this time. The memo that diciary Committee Chairman Joe For example, Senator COONS asked, I am quoting from I spent a full day Biden described him as ‘‘a heck of an ‘‘If the President ordered you to stop reading and thinking about, and it was honorable guy.’’ the [Southern District of New York] in- the most extreme case for Presidential Senator LEAHY also spoke at that vestigation in which someone identi- power that I have ever read. In and of time, expressing his belief that Mr. fied as individual one is implicated, itself, it gives me cause to believe this BARR would be ‘‘an independent voice would you do that?’’ is why—I could be wrong, but this is for all Americans.’’ Mr. Barr responded that ‘‘every deci- why he received that nomination. Today, Mr. Barr continues to earn re- sion within the department has to be Given the broad implications of Pres- spect from Democrats. The ranking made based on the attorney general’s idential power and unlimited control member on the Judiciary Committee independent conclusion and assessment Mr. Barr believes this President has noted in January: that it’s in accordance with the law, so over law enforcement matters, I cannot He’s obviously very smart. He was attor- I would not stop a bona fide lawful in- support this nominee to serve as Attor- ney general before. No one can say he isn’t vestigation.’’ ney General. At this critical time in qualified.

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.001 S13FEPT1 S1290 CONGRESSIONAL RECORD — SENATE February 13, 2019 Mr. Barr is extremely smart and emi- ferences in this body, one thing we act as if the government will once nently qualified. He would be a judi- ought to have absolute, complete again be shut down at the end of this cious, thoughtful, and independent At- agreement on is that the United States week. This is just plain mismanage- torney General, whose allegiance would of America cannot afford another gov- ment of government by the Trump ad- be to, as he said, ‘‘the rule of law, the ernment shutdown. ministration. It is another example of Constitution, and the American peo- The last shutdown, which President the disrespect this White House has ple.’’ I hope the Senate will quickly Trump was so proud to initiate, cost shown to our Federal workforce. confirm him in a bipartisan fashion. our economy—and this is the lowest es- In Virginia, over the past few weeks, GOVERNMENT FUNDING timate we could find so we don’t look Senator KAINE and I have spent a lot of Mr. President, the final order of busi- like we are overstating—an estimated time listening to Federal workers. We ness this week is funding the govern- $6 billion. heard from Federal workers who had to ment. I am very pleased and encour- The truth is, that number hardly re- pull their kids out of daycare and send them away to relatives because they aged that Chairman SHELBY and his flects the human cost of this self-in- counterparts have reached an agree- flicted disaster our country was led couldn’t meet those daycare expenses if they weren’t getting paid and folks ment ‘‘in principle’’ to fully fund the into. A recent survey found that 62 per- who missed student loan payments or government and fund important border cent of Federal workers depleted most literally had to choose between their security measures. or all of their emergency savings, 42 medications and paying rent. Now, No one wants another government percent of Federal workers took on these workers have started to receive shutdown. I am very glad Democrats debt to pay bills or other expenses, and some of their backpay, and many of abandoned their efforts to force a cap 25 percent tapped their retirement ac- them have not received all of their on the number of individuals that Im- counts. If you tap your IRA, you pay tax penalties, and you get none of that backpay from the shutdown. migration and Customs Enforcement The truth is, those Federal workers reimbursed. could detain in the interior of the who drew down their savings or in- Listen to this: 25 percent of our Fed- country. If Democrats’ enforcement curred a tax penalty from taking eral workers who were the victims of cap had been adopted, Immigration and money from their IRA or who took an this shutdown—25 percent of our Fed- Customs Enforcement would have been advance on their credit card are not eral workers, during this shutdown, forced to release criminals already in made whole by receiving backpay be- had to visit a food bank. If you work detention onto our Nation’s streets. I cause they have incurred penalties that for the United States of America, the am pleased that Democrats decided to will never be made up, beyond the psy- greatest Nation in the world, and you separate themselves from the radical chic damage that is taking place with are asked to show up to work without anti-border-security wing of their their families. party. Instead, the deal will now give pay, you should not have to visit a food But even if we accept that most of Immigration and Customs Enforcement bank. the Federal workers will ultimately the flexibility it needs to address I spent most of my career in the pri- get their backpay, that is not the case surges of illegal immigration at our vate sector, and I am proud of those ac- for thousands of Federal contractors in southern border. tivities, but I know very few folks who Virginia and around the country. Quite I am also very glad Democrats moved work for any of my companies who honestly, the nightmare is not over. from their insistence on zero funding would have continued to show up day The President’s decision to finally re- for physical barriers at the border. Bar- in and day out to do their jobs if they open the government didn’t magically riers are an essential element of border were going for 35 days without pay— undo 35 days of missed pay. Unfortu- security, and I am pleased this com- and 35 days without pay where, frank- nately, no one from the White House promise will allow 55 new miles of ly, you had some Members of the so- could be bothered to meet with any of physical barriers in the Rio Grande called board, the Congress, who showed these folks, whether it be Federal Valley’s sector, which is a high-pri- no appreciation at all for their suf- workers or contractors who were hurt ority area for the Border Patrol. That fering and many who said they didn’t by this government shutdown. If they is double the number of new miles pro- mind if that shutdown continued in- had, they would know how much pain vided in fiscal year 2018 and nearly definitely. this President’s shutdown continues to three times as many as would have Those fellow Americans are Federal inflict on Federal contractors, particu- been available under a continuing reso- workers, contractors, private busi- larly low- and middle-income workers. lution. nesses that support Federal installa- I spent the last couple of months, the I thank Chairman SHELBY and Mem- tions or the campground outside the last month and a half listening to these bers of both parties who have been Shenandoah National Park or the res- folks describe the anxiety of not know- working on a funding and border secu- taurant outside Petersburg National ing when their next paycheck will rity deal, as well as the staffers who Battlefield—not just Federal employ- come or if it will come at all. have worked nights and weekends, to ees, folks in the private sector as well Sometimes when we think about Fed- help develop this agreement. I look for- endured tremendous hardship because eral contractors, we think about high- ward to reviewing the final language the President decided to use their live- priced folks, many of whom do a good and voting on a final funding and bor- lihoods as a bargaining chip. That job working for our government, many der security package later this week. can’t happen again. in my State. Sometimes that is the I yield the floor. While I want to always try to be opti- image of a Federal contractor. I won- I suggest the absence of a quorum. mistic and appreciate the bipartisan der if most of the Members of this body The PRESIDING OFFICER. The agreement that has been reached by realize that the people who clean the clerk will call the roll. the budget negotiators, unfortunately, toilets at the Smithsonian or serve the The senior assistant legislative clerk we find ourselves in the same spot food at the cafeteria in the Smithso- proceeded to call the roll. right now—potentially just days away nian are Federal contractors, and for Mr. WARNER. Mr. President, I ask from another Trump shutdown. the 35 days of the government shut- unanimous consent that the order for The President said he is not happy, down—they have no recourse at this the quorum call be rescinded. but he won’t say whether he will sign moment in time. They are struggling The PRESIDING OFFICER. Without the bipartisan deal that came from the as we speak, and they will continue to objection, it is so ordered. conference committee. Let’s be clear. struggle if Congress doesn’t take ad- GOVERNMENT FUNDING The uncertainty itself is having a nega- vantage of this opportunity—if we get Mr. WARNER. Mr. President, I appre- tive impact on the operation of the this deal signed by Friday and keep the ciate the bipartisan conversation that Federal Government and costing tax- government open—to make good on our is going on with the chair, and I hope payer dollars each and every day that commitment to those contractors as more of that will go on. That really is this cloud hangs over the government. well. If we end up with the alternative a little bit of why I rise today, because Agencies are already interrupting in- and the government shuts down again, I hope and pray that if there—while we vestigations and canceling trainings these folks’ lives—at least their eco- have many legitimate policy dif- and meetings. They are being forced to nomic lives—will be in jeopardy.

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.007 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1291 A number of small businesses— independence. Over 45,000 disabled chair of the National Prayer Breakfast. women-owned businesses, minority Americans work as Federal contractors I would like to offer my conclusions businesses, veteran-owned businesses— through the AbilityOne Program. I briefly here on the floor. that tried, through this last 35-day know this program is very successful in I have weighed carefully over several shutdown, to keep their workers on Delaware. The Senator from Delaware weeks William Barr’s nomination to payroll had to take that money out of will speak on it shortly. serve as the next Attorney General. their business pockets to try to make I have met contractors who are dou- Initially, I have to say, I was greatly ends meet. But after a couple of weeks, ble amputees, veterans with PTSD, and encouraged that the President nomi- a lot of them couldn’t afford to do that. folks with physical and intellectual nated a nominee whose service had in- Those businesses have shut down. disabilities. They are able to live nor- cluded leadership roles in the Justice Years and in certain cases decades of mal lives and contribute to society be- Department, including Attorney Gen- work down the drain, not because they cause of these Federal contractor jobs. eral of the United States. did something that was mismanage- For many of them, these jobs are more However, I believe my responsibility ment, not because they did something than about pay. It is about respect. It to assess Mr. Barr’s candidacy requires that was irresponsible, not because is about being valued and part of a me to consider his entire record, in- they weren’t providing the taxpayers community, part of a team at the of- cluding his recent writings, his state- with the full value of their work, but fices they work in. They suffer more ments, and his work, and to focus on because we here in Congress and the than just about anyone when their life- his ability to actually meet the test of White House couldn’t come to a com- line—that source of income, independ- our current time. Having met with him mon agreement on the most basic re- ence, and dignity—is cut off because of in person, having questioned him dur- sponsibility of government, which is to a government shutdown. ing the Judiciary Committee’s con- keep the doors open and the lights on. I will close with something a Federal firmation hearing, having reviewed his I held a roundtable recently with a contractor named Constance told me record, and having reviewed his written contractor in Springfield, VA. A con- last week. Even though she and her answers to questions submitted for the tractor there named Barbara told me team of custodians still face tremen- record, I ultimately believe Mr. Barr she is behind on her rent and had to dous financial hardship, she told me does not meet this test. I am not con- take her granddaughter out of daycare that she remains hopeful. She is hope- fident that he will uphold the Attorney because she can’t pay the bills. Now, ful because she and her coworkers are General’s critical role in defending the she is glad she is back at work, but now back to work, and she is hopeful Department of Justice as an institu- that 35 days with no pay—unless we because people in this Chamber are fi- tion and in ensuring that the special rectify that with this deal that may nally starting to listen to folks like counsel’s investigation proceeds with come to pass before the weekend, she is her. independence and, by so doing, restores still left in the cold. Another at that I share her hope that the Senate will the trust of the American people in the same roundtable told me she had to have the decency and the basic human- rule of law. choose between food and medicine. ity to make sure, one, that we don’t In weighing his nomination, the A couple of weeks ago, I met a con- close down this government come Fri- memo Mr. Barr chose to author in June tractor named John, an Afghanistan day, and two, that when we come to 2018—and to submit—criticizing the veteran, who was picking up groceries this deal, we take that moment—and I special counsel’s investigation into ob- at the food bank in Arlington because see colleagues from both sides of the struction of justice, I concluded was the shutdown wiped out his savings. We aisle. We have gotten the CBO score. It significant and could not be ignored. had some press, but John didn’t want is scored to make sure the backpay for Mr. Barr tried to narrow or minimize to go on camera. He was a little bit em- the contractors, with an emphasis to- the import of this memo by saying it barrassed that he had to pick up food ward low-income contractors, under was a specific application to a par- at the food bank. This is someone who $50,000—the cost would be at $1 billion. ticular statute. The fact remains that is a veteran. This is someone who con- That is the CBO score. We ought to his memo is rooted in and embraces an tinued to serve in terms of protecting make sure that these people’s lives— exceptionally broad theory of execu- the country. Thirty-five days without that the work they do is valued. tive power that could threaten not pay. With the status quo—he will never I hope, as we have this bipartisan only the special counsel’s investigation get those lost earnings back if we don’t deal to avoid the shutdown, that we but a lot of our current understanding rectify that this week. can also make it right for the folks of the scope and reach of Executive Another contractor named Joseph, who oftentimes many of us don’t see— power. who works as a custodian at the De- who clean the buildings, serve the food, When I asked him if he had sent partment of the Interior, told me this: many folks from the disabled commu- other lengthy, detailed legal memos he We work just as hard as anyone else. We nity—who rely upon us to do the right had researched and written himself to need our backpay so we can catch up on our thing. the Department of Justice as a private bills and survive. Congress should pass this backpay citizen, he could only cite that one The remarkable thing is, for some of for Federal contractors legislation. The memo from this year, dealing critically these janitors and custodial workers, President should sign it, and if the with the special counsel’s investiga- on buildings that were open, they had President doesn’t, the Congress should tion. to continue to work and still don’t get override his veto. At his nomination hearing in the backpay. Let’s make sure, as we did with Fed- committee, I sought simple and con- One of the most heartbreaking things eral workers, that they will always be crete assurances from Mr. Barr that he was listening to these contractors talk assured that they will get their back- would give the special counsel’s ongo- about the shame—the shame of being pay. Let’s make sure that contractors ing investigation the independence and treated as if their work does not have get that same decency. It is time to do separation from partisan politics it value. The truth is, these folks take the right thing. needs and deserves. In some instances I pride in their work because they love With that, I yield the floor. was genuinely encouraged by his an- their country. That same contractor, The PRESIDING OFFICER. The Sen- swers. I was glad to hear a forceful an- Joseph, says he thinks of the building ator from Delaware. swer from Mr. Barr that he would not he cleans as the President’s house, and NOMINATION OF WILLIAM BARR fire the special counsel without cause he works hard because he wants to Mr. COONS. Mr. President, I rise and would resign rather than do so, if make it shine every day. What a dis- today to offer briefly my remarks on so ordered. grace that this government can’t even the nomination of William Barr to On other issues, however, he failed to honor his service with back wages so serve as Attorney General of the give the sort of simple and clear com- that he can pay his bills and get his United States. mitment that former Attorney General personal finances in order. This past Thursday, when the Judici- Elliot Richardson gave at his confirma- Many other contractors take pride in ary Committee of the Senate consid- tion hearing before the Senate Judici- their work because it represents their ered him, I was absent, being the co- ary Committee during the period of an

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.009 S13FEPT1 S1292 CONGRESSIONAL RECORD — SENATE February 13, 2019 important investigation in the 1970s. and countless others who live and work also that of the entire State of Texas— Mr. Barr would not commit to fol- along the border. They can provide, I and, I would argue, of the Nation. I lowing the guidance of career DOJ eth- think, the kind of expert knowledge share the mayor’s concerns on the ics officials on whether he should that we need in order to address the harmful impact these slowdowns at the recuse himself. He would not commit challenges that exist. ports of entry can have. to deferring to special counsel What they tell me and what I have As we debate the importance of se- Mueller’s investigative decisions. Fi- learned is that there is no one-size-fits- curing our borders to stop the illegal nally, he would not commit to making all, because you can look at urban en- movement of people and goods, we special counsel Mueller’s final report vironments, like El Paso, or you can go shouldn’t neglect the importance of fa- public. In essence, Mr. Barr is asking out to Big Bend, which has thousands- cilitating legal movement through our the American people and those of us of-feet-high cliffs overlooking the Rio ports. We need to do both, whether that who represent them to trust him to do Grande. Obviously, a physical barrier means providing additional funding for the right thing. There are reasons to in one place, like in highly trafficked infrastructure improvements or scan- believe that he will, but there are, as I urban areas, is one situation, but put- ning technology to make sure the ports have laid out briefly, reasons to be ting it atop a 3,000-foot cliff is another. of entry aren’t exploited by drugs in gravely concerned that he will not. So no one-size-fits-all solution works. vehicles or other places where they are Something my predecessor here in That is why it is important to listen hard to find. In the absence of scanning the Senate, Senator Joe Biden, ex- to the stakeholders who live and work technology, if we are unable to find pressed in voting to confirm him back in these communities, and this is key them, the cartels win, and the Amer- in 1991, was his grave concerns about to actually doing something with the ican people lose. We also know that in his expansive view of Executive power, feedback they provide. What I have addition to that technology, we need but that was a very different time in constantly been reminded of is that additional personnel. our history, with a different Court and border security is a combination of I hope my colleagues listen to the a different context. three parts: physical barriers in some feedback that we have all gotten from I think we must be clear-eyed about hard-to-control locations, personnel, the experts and these local stake- the moment our country faces and the and technology. What is best for a holders and take seriously the eco- Attorney General’s potentially pivotal high-trafficked urban area, as I said, is nomic impact on our ports of entry as role in ensuring the integrity of the probably much different than what is well. rule of law and the institutions of our good for the vast expanses between the As I said yesterday, I look forward to democracy. I believe it is my responsi- ports of entry. Figuring out what we reviewing the details of the funding bility in the Senate to protect the spe- need or where we need it is not a deci- agreement struck by the conference cial counsel investigation, to ensure sion that ought to be micromanaged in committee, and I hope that, in addition that other ongoing Federal investiga- Washington. It should come from the to physical barriers where appropriate, tions are not interfered with because of experts who know the threats and chal- it reflects these principles of smart a narrow or partisan purpose, and to lenges along every mile of the border. border security, because when we listen safeguard the rule of law. While I was in El Paso, we also to the experts—the law enforcement of- If Mr. Barr is confirmed, I hope he talked—as we must—about the impor- ficials who work along the border and will prove me wrong. I hope he will tant role the border plays with our in the communities—that is when we demonstrate to the American people of economy. Border communities in Texas move in the right direction, spending all parties and backgrounds that he depend on people and goods moving le- money in a responsible and smart way will put the interests of our democracy gally through our ports. rather than just pursuing political above the moment and partisan prior- For example, in Laredo, TX, alone, agendas from Washington. ities. I hope he will prove to be a ter- about 14,000 trucks pass each day NOMINATION OF WILLIAM BARR rific, solid, and reliable steward for the through the ports of entry. It is one of Mr. President, we are also going to be ongoing investigation Special Counsel the largest if not the largest land-based voting—perhaps today, maybe tomor- Mueller is leading into Russian inter- port in the United States. These goods row—on the nomination of William ference in the 2016 election. If so, I will need to move legally through our Barr to serve as the next Attorney gladly put aside our policy differences ports, and any disruption in legitimate General of the United States. The role to work with him for the good of the international commerce can have a of Attorney General is unique in the American people during this critical swift impact on these communities. President’s Cabinet because while you time, but I regret I have reached the For the people of El Paso, for exam- are a political appointee of the Presi- conclusion that I cannot support his ple, border security means much more dent, you are also the Nation’s chief nomination this week. than just safety. It means economic se- law enforcement officer and, obviously, Thank you, Mr. President. curity as well. Just as it is important are obligated to put your highest loy- With that, I yield the floor. to keep the bad actors out, it is equally alty in upholding the rule of law. The PRESIDING OFFICER. The Sen- important to promote efficient transit I asked Mr. Barr about this unique ator from Texas. through our ports for legitimate trade role during his confirmation hearing. BORDER SECURITY and commerce. He told me that over the years he has Mr. CORNYN. Mr. President, on Mon- On Monday, I also had a chance to re- received a number of calls from people day, I was in El Paso, TX, to talk with connect with my friend Mayor Dee who were being considered for appoint- some of my constituents about the Margo, the Mayor of El Paso. Among ment to the position of Attorney Gen- challenges that exist along our south- other things, we talked about the im- eral. He told them that if they wanted west border and how we can work to- portance of ensuring that in our efforts to pursue any political future, they gether to address them. to create a strong border, we are not would be crazy to accept the job of At- It is almost surreal to have people neglecting our ports of entry. torney General. He said: ‘‘If you take here in Washington, DC, who have In recent months, a number of El this job, you have to be ready to make never been to the border and whose, Paso Sector Customs officers have been decisions and spend all your political perhaps, only supposed knowledge is sent to other high-need areas along the capital and have no future because you from novels they have read or movies U.S.-Mexico border. The personnel have to have that freedom of action.’’ they have seen. Having spent quite a shortage has resulted in increased wait He assured me that he is in a position bit of time along the border of Texas times for both pedestrian traffic and now in his life where he can do what he and Mexico, myself, I can tell you it is commerce. Certainly, fewer CBP needs to do without fear of any con- a unique part of our country and cer- agents mean a reduced vigilance in sequences. tainly a unique part of my State. terms of screening out contraband and I was glad to hear that because I be- The people you learn the most from other things that we don’t want com- lieve that is the most fundamental are not the elected officials who serve ing into the country. The goods moving quality of an Attorney General. The here in Washington but rather from the through the ports in El Paso fuel not Department of Justice must be able to Border Patrol, the sheriffs, the mayors, just the local economy, as I said, but operate above the political fray and

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.010 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1293 prioritize the rule of law above all else, Senator from Texas as he continues to and his activities. Barr’s position on and to do that it needs a strong and hold the position that the Democrats these investigations is consistent with principled leader like Bill Barr—par- on this side of the aisle simply oppose his views on the unitary Executive. He ticularly, on the heels of Loretta all of the President’s nominees because has long endorsed a view that the Lynch’s and Eric Holder’s administra- they happen to be this lying Presi- President is an all-powerful Executive, tions as Attorneys General of the dent’s nominees. That is not the case restrained by very little, least of all by United States during the Obama term at all. Congress. This is a very dangerous view of office, where we know that, unfortu- Donald Trump has consistently for the Attorney General to have, espe- nately, politics pervaded the actions thought to nominate people to his Cab- cially at a time when we have a Presi- not only of the Department of Justice inet who he believes will do his bidding dent who attacks and undermines the but also the FBI in things ranging from and protect his interests. Once con- rule of law. the Hillary Clinton email investigation firmed, if these Cabinet Secretaries Mr. Barr’s views on the Trump inves- to the counterintelligence investiga- displease him, out they go—Jeff Ses- tigations and the unitary Executive tion of some of the people associated sions, Jim Mattis, Rex Tillerson. aren’t the only reason he should not be with the Trump campaign. The President believes William Barr confirmed as Attorney General. His Of course, this isn’t the only reason will be an Attorney General who will agreement with this administration’s he is the right person for the job. We protect him. Why does the President immigration policy also, in my view, know that he can faithfully execute believe that? Because William Barr disqualifies him. There was no daylight the duties of the office because he has auditioned for this position. How? Mr. between Donald Trump and Jeff Ses- done it before. Barr wrote a highly unusual and factu- sions on immigration. Mr. Barr has More than two decades ago, Presi- ally unsupported, unsolicited 19-page given every indication that he will fol- dent George Herbert Walker Bush rec- memo to the Sessions Justice Depart- low the lead of Jeff Sessions and of ognized the talent in this promising ment, arguing that Special Counsel Matthew Whitaker in aggressively im- young attorney and nominated him to Robert Mueller should not be per- plementing, basically, Stephen Miller’s three increasingly important positions mitted to interrogate the President extreme immigration policies. in the Department of Justice. For all about obstruction of justice. Nobody As George H.W. Bush’s Attorney Gen- three positions, Assistant Attorney asked him to weigh in. eral, Barr played a key role in the Jus- General for the Office of Legal Counsel, He admits he didn’t have any facts or tice Department’s policy in the early Deputy Attorney General, and, finally, inside information, and, in fact, Dep- 1990s of detaining HIV-positive Haitian Attorney General, he was unanimously uty Attorney General Rod Rosenstein refugees at Guantanamo Bay. These confirmed by the Senate. I would hope chose not to discuss the matter with refugees were held in prison-like living that he would be unanimously con- him, but Mr. Barr felt compelled not conditions and denied medical treat- firmed as Attorney General once again, only to put his views in writing and ment until a Federal court ruled that but I have my doubts. send them to the Department of Jus- their indefinite detention was illegal. After hearing Mr. Barr speak about tice, but he also made sure the Presi- More recently, in November 2018, Mr. his views of the role of Attorney Gen- dent’s lawyers knew his views. His Barr cowrote an op-ed with the title eral, I have no question as to why not memo sent a clear message to this ‘‘We Salute Jeff Sessions,’’ full of a single Senator opposed his nomina- President that he would protect Donald praise for Sessions’ tenure at DOJ, in- tion during those three previous con- Trump from the Mueller probe. cluding on immigration. Mr. Barr firmation votes. He spoke of the impor- Once Donald Trump did nominate praised Sessions for ‘‘attack[ing] the tance of acting with professionalism him for Attorney General, after having rampant illegality that riddled our im- and integrity, of ensuring that the earlier offered him a job as his personal migration system, breaking the record character of the Department of Justice attorney—virtually the same job in for prosecution of illegal-entry cases,’’ is maintained and can withstand even Donald Trump’s mind—Mr. Barr came and increasing prosecution of ‘‘immi- the most trying political times, and of to the Judiciary Committee and con- grants who reentered the country ille- serving with independence, providing tinued to signal his willingness to gally’’ by 38 percent. no promises or assurances to anyone on shield Trump from scrutiny. These statements are deeply con- anything other than faithfully admin- First, he refused to commit to follow cerning because as Attorney General, istering the rule of law. Mr. Sessions implemented policies that When Mr. Barr was nominated for At- the advice of career ethics officials on torney General the first time, then-Ju- the question of recusal from the Trump are abhorrent and in direct opposition diciary Chairman Joe Biden noted that investigations. He didn’t want to make to American values. Sessions instituted the zero-toler- Mr. Barr, a nominee from the opposing the same mistake Jeff Sessions did and ance policy—a stain on our Nation that political party, would be a ‘‘fine Attor- open himself up to Presidential humil- resulted in thousands of children being ney General.’’ I agree, and I thank Mr. iation, no matter what the ethics ex- separated from their families, many of Barr for agreeing to serve, once again, perts recommended. this country in this critical position. I Second, he refused to commit to whom may never be reunited. This look forward to voting yes on his nomi- make public Special Counsel Mueller’s country, under Jeff Sessions, made in- nation. report. In both instances, he said he stant orphans out of thousands of chil- I would just add that I am saddened wanted to keep his options open, leave dren. That is hardly a value that I by the way the politics of the mo- himself room to make his own deci- think any of us can support. ment—the desire to defeat any legisla- sions, and trust his ultimate judgment. At his hearing, Mr. Barr also em- tion or oppose any nominee by this While these answers were reassuring braced key aspects of the Trump-Miller President—has led some of our col- to the President, they certainly were immigration agenda, including endors- leagues across the aisle to oppose this not to those of us who want an Attor- ing Donald Trump’s vanity wall; at- nomination. I don’t know whether it is ney General independent of a President tacking cities that refused to under- out of fear of the most radical fringe of who does not believe the rule of law ap- mine their own anti-crime efforts by their political party or by their antip- plies to him. When asked at his hear- cooperating with the Federal Govern- athy for this President, but it is regret- ing, Mr. Barr should have affirmatively ment’s draconian policies; agreeing table. committed to allowing all active inves- with the Trump administration’s atro- I do believe, however, that Mr. Barr tigations to continue until the prosecu- cious treatment of legal asylum seek- will be confirmed, as he should be, as tors say they are done. That includes ers; joining President Trump in criti- the next Attorney General of the the special counsel’s investigation, as cizing judges for blocking the Presi- United States. I look forward to cast- well as the probes being conducted by, dent’s Muslim travel ban; and astound- ing a ‘‘yes’’ vote on that nomination. again, at least three U.S. attorney’s of- ingly, refusing to say whether birth- The PRESIDING OFFICER. The Sen- fices. Instead, he gave his usual equiv- right citizenship is guaranteed by the ator from Hawaii. ocal response. Constitution, telling me, when I asked Ms. HIRONO. Mr. President, once Of course, these are all active inves- him this, that he hadn’t ‘‘looked at again, I would like to respond to the tigations having to do with Mr. Trump that legally.’’ What is there to look at?

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.012 S13FEPT1 S1294 CONGRESSIONAL RECORD — SENATE February 13, 2019 The Fourteenth Amendment plainly I suggest the absence of a quorum. That William Barr would volunteer a states that all persons ‘‘born or natu- The PRESIDING OFFICER. The 19-page legal memo with dramatic ef- ralized in the United States . . . are clerk will call the roll. forts at research and verification, give citizens of the United States and of the The senior assistant bill clerk pro- this to the President’s defense team State wherein they reside.’’ Nullifying ceeded to call the roll. and to Mr. Mueller’s supervisors at the birthright citizenship would violate the Mr. DURBIN. Mr. President, I ask Department of Justice, and basically Constitution and impact millions, but unanimous consent that the order for make arguments diminishing the au- it is certainly something the President the quorum call be rescinded. thority of the special counsel to move wants done. The PRESIDING OFFICER (Mr. forward in the investigation raises a Mr. Barr’s record and position on LANKFORD). Without objection, it is so serious question about his impar- some of DOJ’s other important respon- ordered. tiality. sibilities, such as enforcing civil rights Mr. DURBIN. What is the pending Just as important, I am alarmed by laws, defending laws enacted by Con- business before the Senate? Mr. Barr’s continued hedging about gress, and protecting established con- The PRESIDING OFFICER. The Barr what he will do when Mr. Mueller com- stitutional rights, are unacceptable to nomination is pending before the Sen- pletes his investigation and has a pres- me in the Nation’s top law enforcement ate. entation of his conclusions, his evi- officer. Mr. DURBIN. Mr. President, I rise to dence, and his findings. Some examples include: Mr. Barr’s speak about the nomination of William Make no mistake. Special Counsel refusal to admit that voter fraud is in- Barr to be the next Attorney General Mueller’s findings and conclusions credibly rare and his focusing on so- of the United States. should be shared with the American called voter fraud problems rather than Mr. Barr has an admirable record of people and with the U.S. Congress. Cur- voter suppression problems. States are public service in his career. He has dra- rent Department of Justice regulations very busy continuing to pass laws that matically more qualifications and ex- and policies allow for such a release. I should be attacked as a silly veiled ef- perience than many of his predecessors am concerned that Mr. Barr will exer- fort at voter suppression, but that is and, certainly, the Acting Attorney cise his discretion under those regula- not where Mr. Barr is; his stand that General. We can see he brings more ex- tions narrowly and issue a cursory re- LGBTQ people are not protected from perience to the job. port that does not take the findings of employment discrimination under Fed- I respect Mr. Barr and his family. I the Mueller investigation in their en- eral civil rights laws, contrary to what have told him as much to his face. He tirety and make them available to the the Equal Employment Opportunity has a wonderful family, and he brought American people. This investigation is Commission and two Federal courts them with him to the hearing, and too critical to seal its result in some have held; his personal involvement in many of them have chosen public serv- vault at the Department of Justice. two challenges to major premises of ice careers, as he has. I believe we can trust Bob Mueller to the Affordable Care Act; his record of I carefully reviewed his record, try- be impartial and unbiased. I don’t belief that Roe v. Wade was wrongly ing to consider him in not only the know if he will find the President or decided, including his statement that context of this awesome responsibility people around him guilty of wrong- this landmark Supreme Court case of being Attorney General, but at this doing beyond the indictments and con- guaranteeing a woman’s right to awesome moment in history. victions that have already come down choose, as he put it, was a ‘‘secularist’’ When it comes to the ongoing inves- or whether he will conclude that there effort to ‘‘eliminate laws that reflect tigation of President Trump’s cam- is no further responsibility or culpa- traditional norms.’’ At a time when the paign by Robert Mueller, I fear that bility, but I trust his findings, what- newest Trump-appointed Justices on Mr. Barr has said and done things that ever they are. He is a true professional. It is important, after we have gone the Supreme Court have demonstrated raise questions about his objectivity. through a year or two of investigation, a hostility toward a woman’s constitu- He has clearly indicated to President that the American people hear the de- tional right to an abortion, such an Donald Trump and to all of us how he tails, hear the information that may be anti-choice Attorney General is a dan- would oversee this investigation if he is confirmed. Just look at the unsolic- part of the Mueller investigation. ger to women. I am also concerned that Mr. Barr In some of his academic writings, ited—unsolicited—19-page memo that William Barr sent to Special Counsel will continue his predecessor’s harsh William Barr expressed his dismay at approach on immigration instead of Mueller’s supervisors and to the Trump the moral decay of American society, charting a different course. legal defense team just in June of 2018. but when I asked him at his hearing, he It was just last year, I believe in It is notable that Mr. Barr did not testified that he didn’t have any prob- April in 2018, when the Attorney Gen- send this memo to Special Counsel lems with a President who lies every eral Jeff Sessions announced some- single day and has undermined so Mueller himself, and he did not make thing called the zero-tolerance policy. many of America’s most important in- it public. Do you remember it? stitutions such as the FBI, the Justice This was the only time Mr. Barr had The zero-tolerance policy said that Department, and the intelligence com- sent a memo like this to the Justice the U.S. Government would forcibly re- munity. Department, and he did not disclose in move infants, toddlers, and children An Attorney General is a member of his memo that he had personally inter- from their parents at our border. the President’s Cabinet and is entitled viewed with the President the previous The inspector general’s reports say to enforce the administration’s poli- year about serving on the President’s that it had been going on for a year be- cies, but in this instance, the policies defense team. fore it was publicly announced. this President pursues are often pushed This memo is critical for its sub- Twenty-eight hundred children were beyond the constitutional breaking stance. In it, Mr. Barr argued that Bob removed from their parents. What hap- point and just as often are plain cruel; Mueller, the investigator, the special pened to them next is shameful. There i.e., the separation of children from counsel, should not be permitted to ask was no effort made to trace these chil- their parents at the border, making the President any questions about ob- dren and the parents who were forced them instant orphans. struction of justice, even though Mr. to give them up. The Attorney General’s independence Barr’s analysis focused only on one It was only when a Federal judge in is critical in normal times, but it is ab- narrow obstruction theory. San Diego stepped forward and re- solutely essential in these times that The memo calls into serious question quired the Department of Homeland are anything but normal that his inde- Mr. Barr’s ability to impartially over- Security and Department of Health and pendence cannot be questioned. Sadly, see the obstruction of justice issues in Human Services to make an account- I cannot say that. the Mueller investigation at a moment ing of how many children were still not I cannot support William Barr’s nom- in history when that is an essential united with their parents that they ination. I urge my colleagues to vote question. Mr. Barr has made no com- took the effort to do so months— against his confirmation. mitment to recuse himself from such months—after those children had been I yield the floor. questions. That is worrisome. separated from their parents.

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.014 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1295 I saw those kids in an immigration in this country, and if they are here, We are walking away from our obliga- court in Chicago in a large office build- we want them to leave. But think of all tion to the world. ing that you would never guess was a of the good people who have come to And Mr. Barr called for withholding court building in the Loop in Chicago. this country and made America what it of Federal funds to force cities to co- There it was, the immigration court is today. The President dismisses those operate with the Trump administra- taking up most of one floor in this of- folks, doesn’t take them as seriously as tion’s immigration agenda, even fice building. People were stacked he should, as far as I am concerned. though courts have repeatedly struck three and four deep in the corridors, I want to know if this Attorney Gen- down that approach. waiting for their hearing. But the eral, Mr. Barr, subscribes to the Presi- Perhaps most troubling is Mr. Barr’s judge—and she was a good person, a dent’s theories on immigration. For comment to me that he thinks it is ab- real professional—couldn’t get her the past 2 years, President Trump and solutely appropriate for the Attorney hearing underway. She had a problem Attorney General Jeff Sessions did ev- General to change the immigration with those who were appearing before erything in their power to make Amer- rules to help advance a President’s her court that day. The problem was ica’s immigration policy harsh and campaign. He said he did it to help the this: She had said that before they unwelcoming. campaign of President Bush in 1992. could start the proceeding, those who Mr. Barr’s comments and history The idea of an Attorney General let- were appearing had to sit down. One of make me fear that he will bring the ting campaign politics drive immigra- the clients who was in there for a hear- full weight of the Justice Department tion enforcement is unacceptable re- ing that day had some difficulty. I was to advance the President’s anti-immi- gardless of the President. there to witness it. The difficulty was gration agenda. Mr. Barr has refused to I am also concerned with the views she was 2 years old. She wasn’t tall disavow the cruel and un-American Mr. Barr expressed on something enough to crawl up in that chair with- zero-tolerance policy, which I just de- known as the unitary executive theory out somebody lifting her. scribed, that led to thousands of chil- and his expansive view of Presidential The other client who had a hearing dren being forcibly removed from their power. He put it bluntly in that 19-page that day, who had been removed under parents, and he has fully and repeat- memo I mentioned before, when he said this zero-tolerance policy, was a little edly echoed President Trump’s call for the President alone is the executive more skillful. He spotted a Matchbox a border wall after the debate we have branch. We need an Attorney General car on the top of the table, and this 4- been through over the last several who recognizes the need for checks and year-old boy got up in the chair to play months, falsely arguing that it will balances, but he did not believe that with it. help to combat the opioid epidemic. this President should be held account- Those were two of the clients before That is a ludicrous argument. In fact, able for many of the actions he has this immigration judge in this office the Drug Enforcement Administration, taken. I may be naive, but I don’t be- building in the Loop in Chicago. They which Mr. Barr would supervise, has lieve any American is above the law, had been forcibly removed from their found that the vast majority of deadly including the President of the United parents, and they were up for a hear- narcotics coming into America through States. ing. It was in August. the Mexican border are coming in This is not an ordinary time in the As a result of the hearing, as with through ports of entry. They are not history of the Justice Department. most of the hearings, they said: We are being carried in backpacks by people President Trump has criticized the Ju- going to postpone this until we get fur- scaling fences. That is where our secu- diciary, individual Federal judges, our ther evidence. The next hearing will be rity efforts should be made, not with intelligence Agencies, and the Depart- in December—December. some medieval wall. ment of Justice when they continued I would ask any parent, any grand- Mr. Barr also falsely and repeatedly an investigation into his campaign. He parent: What would you think about was critical of our asylum laws for a has undermined their independence and being separated from that little girl, host of problems. Our asylum laws, integrity with his storm of tweets that 2-year-old girl, whom you love so which have historically had broad bi- every single day. much, for 6 months, 8 months, 9 partisan support until this President William Barr said he sees the Attor- months? came along, simply ensure that we ney General as ‘‘the President’s law- That was the policy of this Trump honor our legal and moral obligation to yer’’—in his words—but the chief law administration with zero tolerance—a provide safe haven to families and chil- enforcement officer of the United policy created and announced by Attor- dren who are fleeing persecution. States is supposed to be the lawyer for ney General Jeff Sessions. Who are these families seeking asy- the people of the United States. We So when I asked Mr. Barr: You are lum and refugee status in the United need an Attorney General who will lead going to take over this job. What is States? You can find members of those the Justice Department without fear or your view on this type of policy? Sadly, families right here on the floor of the favor and who will serve the Constitu- I didn’t get a direct answer. United States Senate. You can find tion of the American people even if it I am concerned that in many respects three Cuban-American U.S. Senators— means standing up to a President. Mr. Barr could continue the harsh ap- one Democrat and two Republicans— If he is confirmed, I hope Mr. Barr proach to immigration that we have whose families came here as refugees will prove me wrong and that he will be seen by the Trump administration in- from Castro’s Cuba. Are we having sec- a good Attorney General who came at stead of charting a different course, a ond thoughts now about whether they the right moment in history, but I course more consistent with America’s are a valuable part of America? I am have not received the reassurances I values and history. not. These people, these Cuban-Ameri- was looking for from him to give him a We are in fact a nation of immi- cans, have become an integral part of vote to reach that position. I will be grants. Throughout American history, our Nation. They were once refugees voting no on the Barr nomination. immigration has strengthened and re- and asylees. Now, they are party of I see my colleague and friend Senator newed our country. I stand here today, America’s future, and we are better off LEAHY on the floor. I will withhold two the son of an immigrant girl who came for it. other statements for the RECORD to to this country from Lithuania at the I could tell that story so many dif- yield the floor. age of 2. Her son grew up and got a full- ferent ways. Soviet Jews trying to es- The PRESIDING OFFICER. The Sen- time government job right here in the cape persecution in the old Soviet ator from Vermont. Senate. It can happen. It is my story. Union and the Vietnamese who stood Mr. LEAHY. Mr. President, I applaud It is my family’s story. It is America’s by us and fought by our men and the Senator from Illinois, the senior story. women in uniform during the Vietnam Senator from Illinois, for his com- When I listened to the diatribes by war, who had to escape an oppressive ments. He knows what it is to have im- this President in the State of the regime, came to the United States as migrants in your family, as do I. I was Union Address about immigrants com- refugees and asylees. We are now see- fortunate to have a little more under- ing to this country—of course there are ing under President Trump the lowest standing as my paternal grandparents bad people. We don’t want any of them level of refugees in modern memory. immigrated to Vermont from Italy,

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.016 S13FEPT1 S1296 CONGRESSIONAL RECORD — SENATE February 13, 2019 and my wife’s parents immigrated to Indeed, that may be the only way the at the border, and I think the Nation is Vermont from French-speaking Can- Justice Department escapes the Trump still reeling from that systematic sepa- ada. I still struggle with the Italian I administration with its integrity in- ration. But, in light of that, Mr. Barr knew as a child. I have done a little tact. In large part due to the relentless praised Jeff Sessions for ‘‘breaking the better with French, in order to speak politicizing of the Department by the record for prosecution’’ of the mis- to Marcelle’s family. But I see the di- President, millions of Americans will demeanor offenses that forced families versity that came of it. I see it in our see bias no matter which way the De- to be separated. In other words, on a State of Vermont, and I hope our coun- partment resolves the Russia inves- misdemeanor, you take the child away try is better for it. So I thank the Sen- tigation. Because of seeing such bias, from the parents and separate them. ator from Illinois. our country is diminished. The justice Nobody seems to know where every- The last time William Barr was be- system is greatly diminished. In my body goes after that. fore the Senate was 28 years ago, dur- view, the Department has only one way Ask a 4-year-old: What are your par- ing the George H.W. Bush administra- out—transparency. The American peo- ents’ name? They will say, in whatever tion, and I voted for him to be Attor- ple deserve to know the facts, whatever language: Mommy and daddy. ney General. I did so despite having they may be. That requires the special Where do you live? some reservations that I shared with counsel’s report, and the evidence that We live in the house next to so-and- him and the Senate at the time. Mr. supports it, be made public. so. Barr and I did not see eye to eye on Unfortunately, despite efforts from They don’t know the addresses. They many issues. We did not then, and we both Republicans and Democrats in the rely on their parents, and now they do not now. But he was clearly quali- Senate, Mr. Barr has repeatedly re- have been separated from them. fied for the position, and he had earned fused to make that commitment. It makes me think Attorneys Gen- the confidence of the Senate. So I felt Worse, much of his testimony before eral should be able to stand up for the free to vote for him. the Judiciary Committee left us with rule of law. I remember a time when I am concerned by some of the re- more doubts. Will Mr. Barr allow Presi- former Acting Attorney General Sally marks that Senator DURBIN has re- dent Trump to make a sweeping, un- Yates stood up for the rule of law. She ferred to which seem to indicate that precedented claim of Executive privi- refused to defend President Trump’s Mr. Barr may feel that he is the lawyer lege that allows him to hide the re- first iteration of his Muslim ban as a for the President, not only the Attor- port? Will Mr. Barr, relying on a De- deeply flawed order. It was stained ney General of the United States. He is partment policy to avoid disparaging with racial animus, that even applied there to represent everybody—every- uncharged parties, not disclose poten- to individuals who were lawful perma- body—and to make sure the laws are tial misconduct by the President sim- nent residents and had valid visas, Mr. upheld for everybody. ply due to another policy to not indict Barr described Ms. Yates’s decision as Now we find ourselves considering his sitting Presidents? We don’t know the ‘‘obstruction’’ and a ‘‘serious abuse of nomination under extraordinarily dif- answer, but we do know that Mr. Barr’s office.’’ ferent circumstances than we did when testimony on these issues could lay the My God, this country should not have my friend President Bush had nomi- groundwork for potentially no trans- religious tests. If we did, my grand- nated him. Multiple criminal inves- parency at all. parents would not have been able to tigations loom over the Trump Presi- Mr. Barr also repeatedly refused to come to this country. dency. In fact, these investigations follow the precedent of Attorney Gen- Relevant to each of my concerns is may ultimately define the Trump Pres- eral Jeff Sessions and commit to follow Mr. Barr’s extremely broad views of ex- idency, and the President has reacted the advice of career ethics officials on ecutive power. He is an advocate of the to it with apparently the only way he whether he needs to recuse himself unitary executive theory, believing knows how. He just attacks relent- from the Russia investigation. He even that the Constitution vests nearly all lessly. He doesn’t respond to them, but declined my request to commit to sim- executive power ‘‘in one and one only attacks. That includes attacking inves- ply sharing their recommendation with person—the President.’’ He has said tigators, witnesses, even the justice the Judiciary Committee. That is crit- that an Attorney General has ‘‘no au- system itself. That also includes firing ical because there is reason to question thority and no conceivable justifica- both the FBI Director and his previous whether an appearance of a conflict ex- tion for directing the department’s Attorney General for not handling one ists. lawyers not to advocate the president’s of the investigations as the President Prior to his nomination, Mr. Barr position in court.’’ This expansive view wanted, but instead as the law re- made his unorthodox views on the spe- of a President’s power would concern quired. cial counsel’s obstruction of justice in- me no matter whose administration it The President views the Justice De- vestigation very clear. He did that with was. In fact, if you go way back in his- partment as an extension of his power. a 19-page memo sent directly to the tory, it conflicts with Supreme Court He has repeatedly called on it to target President’s lawyers. Mr. Barr spoke Justice James Iredell’s observation in his political opponents. He has even re- dismissively about the broader Russia 1792 that the Attorney General ‘‘is not portedly told his advisers that he ex- investigation. He even claimed that a called the Attorney General of the pects the Attorney General to protect conspiracy theory involving Hillary President, but Attorney General of the him personally. I have been here with Clinton was far more deserving of a United States.’’ eight Presidents. I have never known a Federal investigation than possible I find Mr. Barr’s deferential view of President, either Republican or Demo- collusion, and this was notwith- Executive power especially concerning. crat, to have such an outrageous and standing the fact that, by that time, We already know much of what Presi- wrong—wrong—view of the Department that conspiracy had been debunked. He dent Trump intends to do. It includes of Justice. was asked, in effect, whether this taking billions of dollars that Congress The integrity of the Justice Depart- memo was a job application, because it has already appropriated and diverting ment has not been so tested since the is difficult to imagine that these views it toward a wasteful and ineffective dark days of Watergate. Yet when the escaped the attention of the President. vanity wall. What would Mr. Barr do Judiciary Committee considered the That makes it all the more critical when confronted with such an order? nomination of Elliot Richardson to be that Mr. Barr follow the precedent of He has essentially told us: Mr. Barr has Attorney General in the midst of that prior Attorneys General and commit to argued that Congress’s appropriations national crisis, nominated by Richard following the advice of career ethics of- power provided under Article I, Section Nixon, the nominee made numerous, ficials on recusal. 9 of the Constitution is ‘‘not an inde- detailed commitments to the com- I am also concerned that, if con- pendent source of congressional power’’ mittee. Mr. Richardson did so, in his firmed, Mr. Barr would defend policies to ‘‘control the allocation of govern- words, to ‘‘create the maximum pos- that I believe are both ineffective and ment resources.’’ That would come as sible degree of public confidence in the inhumane. We heard Senator DURBIN great news to everybody—Republicans integrity of the process.’’ That same speak eloquently about the horrible, and Democrats—who has been an ap- principle applies equally today. horrible program of separating families propriator in any session of Congress.

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.018 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1297 He even believes, that if a President ing rights of Black Americans—passed laws, partisan gerrymandering, and ‘‘finds no appropriated funds within a nearly 100 years earlier across the limited access to voting information. given category’’ but can find such country, literacy tests, poll taxes, vio- These efforts undoubtedly disadvan- money ‘‘in another category,’’ he can lence, and intimidation stood in the tage Black Americans more than most spend those funds as he wishes so long way of this constitutional promise. and put a scourge on the system that as the spending is within his broad This was especially true in Alabama. defines our democracy. It is an insult ‘‘constitutional purview.’’ Such views According to the 1961 Civil Rights to those who were robbed of their free- should concern all of us here—Repub- Commission report, at the time of the dom and oftentimes their lives to cre- licans and Democrats alike—who be- famous protests, fewer than 10 percent ate a more equal future. lieve, as the Founders of this country of the voting-age Black population was One such example of modern voter believed, that Congress possesses the registered in Alabama’s Montgomery disenfranchisement can be found in the power of the purse. County. This infamous march from fact that the United States denies vot- Unfortunately, I fear that Mr. Barr’s Selma was intended to right the wrong ing rights to citizens with felony con- long-held views on Executive power and to shine light on the injustice of victions. We are one of the exceedingly would essentially be weaponized by all the many laws that kept voting few Western democracies that perma- President Trump—a man who we know from being accessible to Black Ameri- nently strip citizens of their right to derides any limits on his authority. cans. vote as a punishment for their crimes. Over the past two years, we have seen For months leading up to it, a com- Let’s be clear. We are not talking the erosion of our institutional checks munity of activists—led by Martin Lu- about voting rights for felons currently and balances in the face of creeping ther King, Jr., and of course our es- incarcerated; we are talking about vot- authoritarianism. That can’t continue. teemed colleague Representative JOHN ing rights for those who have served In conclusion, let me be clear. I re- LEWIS—carried out voting registration their time and have since been re- spect Mr. Barr. I voted for him when drives and nonviolent demonstrations, leased, attained jobs, raised a family, President George H. W. Bush nomi- all against the resistance of the local paid taxes, and moved on with their nated him. As Attorney General, I do government and members of the Ku lives. Under the current law in 34 not doubt that he would stand faith- Klux Klan. These efforts laid the States, these individuals are still de- fully by his genuinely held convictions, groundwork for the march from Selma, nied the right to vote, and that is sim- but I fear this particular administra- which ended with Alabama State ply unfair and undemocratic. tion needs somebody who would give troopers attacking the protesters. Black History Month demands that him a much tighter leash, as Attorneys The images of the State-sponsored vi- we bring this injustice to light because General have in the past. So because of olence were shown across the country, felony disenfranchisement dispropor- that, I will vote no on Mr. Barr’s nomi- galvanizing the American public in tionately affects men and women of nation. favor of voting rights in a day that has color. One out of thirteen Black Ameri- I yield the floor. since become known as Bloody Sunday. cans is currently unable to vote be- The PRESIDING OFFICER. The Sen- Five months later, on August 6, 1965, cause of a prior conviction for which ator from Maryland. the Voting Rights Act was signed into they have already served time—a rate Mr. CARDIN. Mr. President, while law. The bill is one of the crowing vic- that is more than four times greater Senator LEAHY is still on the floor, I tories of the civil rights movement and than the non-Black Americans. want to thank him for his extraor- for our American democracy. Right now, in total, more than 2 mil- dinary work on the conference com- This monumental legislation out- lion Americans are unable to vote be- mittee to try to resolve our budget im- lawed the malicious barriers to the cause of prior convictions, despite hav- passe. I know he has been working polls and held States accountable for ing already served their time and pay- night and day. He has shared with the discriminatory obstacles imposed ing their debt to society. That is why many of us the work he has been doing on citizens who sought to fulfill their this year I will again be introducing on behalf of getting a budget that re- constitutional right. It opened doors the Democracy Restoration Act, a bill flects the will of this body and of the for Black citizens across the South to that would restore voting rights to in- House, and hopefully it will be com- register, to cast a vote, or to run for of- dividuals after they have been released pleted before midnight on Friday. fice in higher numbers than ever be- and returned to their community. So I want to personally thank the fore. I am committed to seeing this legis- distinguished Senator, the senior Sen- As we celebrate this February as lation passed. My hope is that Black ator from Vermont, Mr. LEAHY, for the Black History Month, we must remem- History Month inspires all of my col- work he has done to keep the govern- ber that Black history is American his- leagues on both sides of the aisle to ment open, to provide security for our tory. We must remember that too often join me. borders, and to make sure we get all of in our Nation’s past, the work to create We must also combat efforts to in- our appropriations bills done. a more perfect Union has fallen upon timidate and disenfranchise voters. Mr. LEAHY. Thank you. the shoulders of Americans whose full That is why last year I introduced leg- Mr. CARDIN. Mr. President, I ask rights of citizenship were discounted islation that would prohibit and penal- unanimous consent to proceed as in simply because of the color of their ize knowingly spreading misinforma- morning business. skin. The right to vote is a funda- tion, such as incorrect polling loca- The PRESIDING OFFICER. Without mental American tenet. Yet it has his- tions, times, or the necessary forms of objection, it is so ordered. torically been denied to men and identification. This Deceptive Prac- BLACK HISTORY MONTH women of color. tices and Voter Intimidation Act will Mr. CARDIN. Mr. President, 54 years We must remember that when we tell prohibit and penalize intentionally and ago, 600 nonviolent protesters set off to stories of those who fought and strug- knowingly spreading misinformation march from Selma to Montgomery, AL, gled to secure voting rights in our Na- to voters that is intended to suppress to protest the disenfranchisement of tion’s past, it is because their stories the vote, including the time and place Black voters in the South. serve as a precursor to our own. of an election and restrictions on voter They got as far as the Edmund Today voting rights are still under eligibility. Pettus Bridge when they saw police of- attack. Many who survived the brutal Reliably, these tactics always seem ficers lined up on the other end, wait- attack on Bloody Sunday and lived to to target minority neighborhoods and ing with tear gas, clubs, and dogs. The see the passage of the Voting Rights are blatant attempts to reduce turn- iconic bridge stood between the police Act have also lived to see the same out. Such tactics undermine and cor- and protesters like a physical barrier monumental bill weakened by the 2013 rode our very democracy and threaten between hope and violence, democracy Shelby County Supreme Court deci- the integrity of our electoral system. and second-class citizenship. sion. In Stacey Abrams’ response to the Although the 13th, 14th, and 15th They have watched our President and State of the Union last week, she said Amendments—which cemented into Republican legislators tout myths of that ‘‘the foundation of our moral lead- law the freedom, citizenship, and vot- voter fraud to justify strict voter ID ership around the globe is free and fair

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.019 S13FEPT1 S1298 CONGRESSIONAL RECORD — SENATE February 13, 2019 elections, where voters pick their lead- But I have some serious concerns ing, are not released at all, and that is ers—not where politicians pick their about this nominee. I had already an- in addition to those related investiga- voters.’’ This is precisely why I have nounced I was opposing him during our tions he will oversee. These U.S. Attor- chosen to speak out about voting Judiciary Committee vote, but I have ney’s investigations don’t have the spe- rights this month—because this issue some serious concerns when you look cial counsel regulations to protect defines our moral and democratic char- at the context in which he has come them, so he is in direct line to oversee acter as a nation and because it is an before us. those. area where we still have so much work His nomination comes at a time Even though many of my colleagues left to do. when there are investigations by a spe- asked him to pledge to make Special Casting a vote is one of the most cial counsel and multiple U.S. attor- Counsel Mueller’s report public, he basic and fundamental freedoms in any ney’s offices in New York into cam- wouldn’t commit to do so. He always democracy, and Congress has the re- paign finance violations and an at- had a way to kind of dodge a commit- sponsibility to ensure the right is pro- tempt, as we know, by a foreign adver- ment to do so, instead of, in my mind, tected. sary to interfere in our elections. This making a full-throated endorsement of Congress has the responsibility to re- special counsel’s investigation has led releasing that report. move barriers to voting and make it to indictments or guilty pleas from If he is confirmed, he will also have easier for people to register to vote, over 30 people and three companies, in- room to make his own interpretation cast their vote, and make sure their cluding seven former advisers to the of what the law allows. In fact, as At- votes are counted. No one can appre- President. torney General, he can make the De- ciate the need for us to meet this re- These investigations, as we know, go partment’s rules and regulations and sponsibility better than Black Ameri- to the heart of the integrity of our issue guidance that would make the cans whose collective story is one of elections, our government, and our in- difference between transparency and triumph over racist laws and undemo- stitutions, and it is why it is essential, obscurity. That is why we have to look cratic norms. first of all, that Special Counsel at his judgment on this particular On Black History Month, Congress Mueller and the U.S. attorney’s offices issue. Maybe if we were in a different time, must vow to follow their example and be allowed to finish their work free of in a different moment, we would be work together across party lines to political interference. make voting easier, fairer, and more The President, as we know, has made talking about things like the opioid epidemic and what the Attorney Gen- accessible to all. past statements and sent out tweets eral is doing, which is very important, I yield the floor. about Attorney General Sessions: I am and I know he does care about that; or I suggest the absence of a quorum. critical of him for allowing these inves- we would be devoting our moment, The PRESIDING OFFICER. The tigations to go forward. This is the which I wish we could be doing, to anti- clerk will call the roll. context we are in. He has made it very trust and upgrading the way those laws The senior assistant legislative clerk clear as to what he is looking for in an are enforced and what we should do; or proceeded to call the roll. Attorney General. He wants someone we would be talking, which we should The PRESIDING OFFICER (Mr. ROM- who will be his lawyer. He wants some- be doing, about the SECOND STEP Act NEY). The Senator from Minnesota. one to use the Justice Department, in Ms. KLOBUCHAR. Mr. President, I and not just the FIRST STEP Act. a way, to protect him. All of those questions were asked in ask unanimous consent that the order I think this should worry us because, for the quorum call be rescinded. the hearing—immigration reform, very yes, the Attorney General works for important issues—but we are where we The PRESIDING OFFICER. Without the President, but, more importantly, objection, it is so ordered. are. We are where we are, and we have who the Attorney General really works to look at his judgment to see what NOMINATION OF WILLIAM BARR for are the people, the people of the kind of Attorney General he would be Ms. KLOBUCHAR. Mr. President, I United States. at this time with respect to law and want to join my colleagues today in The Attorney General of the United order, which, to me, right now, is not making some brief remarks on William States is the people’s lawyer and just about law and order in our com- Barr’s nomination to serve as Attorney pledges to uphold the rule of law and munities—very important—but it is General of the United States. apply the law equally no matter who also about law and order when it comes I had the opportunity to meet with you are. to our entire justice system. Mr. Barr one-on-one in my office. We Mr. Barr has made clear, one, that he Like many of the nominees from the had a very good meeting, and we talked respects Mr. Mueller, which I truly ap- President, Mr. Barr has demonstrated, in some detail about securing our elec- preciate. He said that both in my pri- just as Justice Kavanaugh did, just as tions from foreign interference, some- vate meeting and on the record at the Justice Gorsuch did, an expansive thing that is a major priority of mine, hearing. But he has also said that he view—an unprecedentedly expansive and we really are close in passing a bi- intends to take over supervision of the view of Presidential power. We don’t partisan bill, which Senator LANKFORD special counsel’s investigation. have to look far to see how those views and I have, called the Secure Elections He wouldn’t commit, at his nomina- would impact the special counsel’s in- Act. We just need a little help and sup- tion hearing—despite having written vestigation. port from the administration. that 19-page memo, he wouldn’t com- Just a few months before he was We also talked about modernizing mit to following the advice of career nominated as a private citizen—I don’t our antitrust enforcement to fit the ethics lawyers at the Department have many constituents who would do challenges that we have today and to about whether he should be recused. this, but, for some reason, Mr. Barr de- make our laws as sophisticated as the Why did that concern me? Well, be- cided to send in this 19-page memo as a trillion-dollar companies we are now cause he had actually commended the private citizen. It was no ordinary seeing and the mergers we are seeing Deputy Attorney General for following memo. This memo was 19 pages, single- all across the United States. So we had those rules, and he had commended spaced, and addressed to the leadership a good discussion about that. Senator and then-Attorney General of the Justice Department, but it was We also talked about his family and Sessions for following these rules. So sent to all of these people—conserv- working in the Justice Department. that concerns me. ative activists and all kinds of people During the hearing, I gave an oppor- We know that if he is confirmed, he all over the place, the lawyers at the tunity for him to talk to those workers will be in a position to oversee the spe- White House Counsel’s office, and the who were, through no fault of their cial counsel’s budget, the scope of the President’s personal lawyers. I don’t own, furloughed or not getting paid, investigation, and he will, ultimately— think my constituents would really and he clearly showed respect for the and this is key—receive the results of have their addresses or emails, but it people in the Justice Department. I ap- investigation under law. was sent to all of these people. preciate all of that. I think that is im- He will get to decide whether the re- It argued that a portion of the spe- portant to have in an Attorney Gen- sults are released to the public or, per- cial counsel’s obstruction of justice in- eral. haps, as he suggested during the hear- quiry was ‘‘fatally misconceived.’’ He

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.020 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1299 said that it was based on a legally in- little trip over to the Carter Presi- our sensitive, personal information or supportable reading of the law. dential Library. Of course, I wanted to disrupt nearly every aspect of our Now, that makes you pause. How can see this library—I had never seen it—to lives. These cyber security vulnerabili- we be sure, how can we think he can learn more about President Carter, but ties cut across every industry. Whether impartially evaluate the special coun- as a Minnesotan, I really wanted to you are a small business trying to pro- sel’s investigation if, before he has look for all the Mondale memorabilia. tect your customers’ credit card de- even seen its result, he writes exten- I may have been the only one there tails, a doctor’s office with private sively that part of it, not all of it, was looking for Joan’s dress and other medical insurance information, or even legally insupportable and fatally mis- things related to the Mondale half of a sophisticated tech startup that needs conceived? the Carter-Mondale team. to safeguard your customers’ pass- It is not just those statements that One of the things I noticed that to words, cyber security protections are are troubling. He goes on to state, not me was most prominent was a quote of absolutely vital to your success. for the first time, his alarming views Walter Mondale’s etched on the wall. We have seen the dangerous con- about the President’s powers. Here is At the time, I liked it. I thought it was sequences of attacks that exposed the one of them: ‘‘[T]he President’s law en- simple. I wrote it down, and I put it in private data of millions of Americans— forcement powers extend to all mat- my purse. But I never knew how rel- from companies like Equifax and Tar- ters, including those in which he had a evant it would be today. The quote get to Federal Agencies like the Office personal stake.’’ came from Mondale’s reflections on his of Personnel Management and the IRS. Mr. Barr doesn’t cite laws or cases service with President Carter after Government Agencies of all sizes are at from the Supreme Court or the history they had lost their reelection but had risk of a breach that could jeopardize of our Nation’s founding or even the served their country for 4 years. He the sensitive information they are Federalist Papers when making his said: trusted with, and these threats will claims. He just says it as if it is obvi- We told the truth. We obeyed the law. We only continue to grow. ous. kept the peace. We need a skilled cyber workforce of Let me be clear about what he means I believe that is the minimum stand- professionals to shore up our cyber pro- by this. Mr. Barr believes that a Presi- ard we should expect of any adminis- tections, fortify our legacy systems, dent gets to supervise an investigation tration. We told the truth. We obeyed and build new and innovative infra- into his or her own conduct. As a the law. We kept the peace. Every structure with safety and security in former prosecutor, I know that it is a President faces great challenges, many mind. Despite the glaring need for fundamental value in our country that of which are unforeseen and require dif- more cyber security professionals, we no one—no one—is above the law, and ficult decisions, but at the minimum, face a serious shortage of highly it is a fundamental principle in our an administration should tell the trained cyber experts to fill these posi- legal system that no one should be a truth, obey the law, and do all they can tions. Estimates indicate there is a global shortage of approximately 3 mil- judge in their own case, not even the to keep the peace. lion desperately needed cyber security President of the United States. That is where I will end. What con- I also have grave doubts about Mr. cerns me about this nominee is not the professionals, including nearly half a Barr’s respect for Congress, a coequal vast experience he has or the work he million in North America, where gov- ernment and the private sector are branch of government, and our duty to would do on a few of the things that I competing to hire the best talent. provide oversight of the executive mentioned; it is his views on Executive power, his views on Congress’s power to The Federal Government faces seri- branch. ous challenges in this competition. Mr. Barr is a proponent of the uni- be a check and balance to the Execu- Agencies often cannot offer the same tary executive theory, which is the tive, his views on what the Executive top salaries and benefits that Silicon idea that the President has expansive can do right as we face this crucial time in history, when coming right at Valley uses to entice and to retain em- powers, even in the face of Congress’s ployees. Our cyber workforce is on the constitutional duties. His writings on us is this major report from the special counsel. I want someone who will make frontlines of every aspect of our digital the topic raise serious questions about security, and we need policies that ad- how Mr. Barr will approach congres- sure that whoever is in the White House obeys the law and tells the dress that reality and sustain and grow sional oversight of the administration. our ranks. I am concerned that Mr. Barr will truth. Sadly, I cannot support this nominee. While thousands of dedicated public rely on the broad interpretation of Ex- I do hope that I am wrong in some of servants choose to work in government ecutive power to support the White my conclusions based on what I have because they are motivated by the mis- House’s reported efforts to exert Exec- read and heard. I would like nothing sion of serving our country, there is utive privilege to prevent the release of more. more we can do to grow the pool of the special counsel report, its findings, I appreciate so much the work of Rod cyber workers and recruit them to gov- or its conclusions. Rosenstein as Deputy Attorney Gen- ernment service. Congress has made If that happens, Congress must be eral and many of the other people in strides in recent years to improve in- ready to assert our responsibility to the Justice Department who have centives and attract skilled cyber pro- make sure the public and, especially, worked with him to allow this inves- fessionals to join the ranks. State election officials who are work- tigation to continue. I hope that will Moving forward, we can make cyber ing to secure our elections have the be the case if this nominee does go positions in government more attrac- facts about what happened. through this Chamber, that he will do tive by providing cyber professionals How are we going to fix this in the the same. with unique opportunities to enhance next election if we don’t know what Thank you, Mr. President. their careers while they help protect happened? How are we going to have I yield the floor. our country’s security. That is why I accountability for our government if The PRESIDING OFFICER. The Sen- introduced the Federal Rotational the public is shut out in viewing what ator from Michigan. Cyber Workforce Program Act with happened? S. 429 Senator HOEVEN. Our bipartisan legis- This is not the time to install an At- Mr. PETERS. Mr. President, cyber lation helps the Federal Government torney General who has repeatedly es- attacks are one of the greatest threats develop an integrated cyber security poused a view of unfettered Executive to our national security today. As our workforce that retains high-skilled em- power. Congress cannot abdicate its re- world becomes increasingly connected, ployees by establishing a civilian per- sponsibilities or shirk its duties—not bad actors are trying to infiltrate our sonnel rotation program specifically when it comes to national security, most critical networks, from our mili- for cyber professionals. It is based on foreign relations, the budget, or, as is tary systems and our electrical grid to similar joint duty programs for the key today, oversight into law and our financial institutions and our military services and the intelligence order. small businesses. community. A few years ago, I went to Atlanta to We face a rising number of cyber at- The Rotational Cyber Workforce Pro- make a speech, and, of course, I took a tacks that have the potential to expose gram will provide civilian employees in

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.022 S13FEPT1 S1300 CONGRESSIONAL RECORD — SENATE February 13, 2019 cyber roles opportunities to enhance manufacture to declare the filing sea- gress or the bureaucrats who are out their careers, broaden their profes- son under the new law a failure. Of spending the money. sional experience, and foster collabo- course, that is after only 2 weeks of tax In early 2018, Treasury and the IRS rative networks by experiencing and filing—not a long enough period of implemented updated withholding ta- contributing to the cyber mission be- time to draw too many conclusions. bles to give taxpayers that option of yond their home Agencies. By offering Case in point: Last week the IRS re- deciding whether to save or spend and these kinds of dynamic and rewarding leased preliminary filing data covering what to spend it on or how to save it. opportunities, this legislation will help the first weeks of the filing season. Im- A chief priority for the new with- retain highly talented cyber profes- mediately, naysayers began focusing holding tables was accuracy. The IRS’ sionals and strengthen our govern- on data that suggests that tax refunds goal was to help taxpayers get the ment’s security by developing greater in the first week were down slightly right amount withheld from their pay- interagency awareness and collabora- over last year, as well as focusing on check. However, common sense ought tion. anecdotal social media posts. Never to tell us that no withholding table I am pleased that this morning the mind that the current refund numbers will ever be perfect—at least not per- Homeland Security and Government are based on only a few days of data, or fect for 157 million different taxpayers. Affairs Committee unanimously ap- that refund statistics can vary widely If they were, there would be no need for proved this legislation. It moves us from one week to the next. Never mind tax refunds. Only what was necessary closer to closing the cyber security that most of the social media posts are to satisfy a taxpayer’s tax obligation workforce gap. unverified. Many have the markings of would need to be taken from their pay- In addition to taking commonsense a coordinated effort by liberal activists checks. steps like we did today in committee, who have regularly used hashtag ‘‘GOP But that is unlikely. Every taxpayer Congress needs to look ahead and plan tax scam’’ to attack the law on Twit- is affected a little differently under the for long-term solutions to ensure that ter, despite a vast majority of tax- Tax Code based on their personal cir- we always have a strong, competitive payers paying less in taxes. cumstances, and some taxpayers’ in- pool of cyber security talent to draw Yet our journalists, who are well edu- comes may fluctuate throughout the on. We need policies that encourage cated and ought to know better, fall for year. This makes exact withholding students of all ages and educational it—hook, line, and sinker—including based on general tables nearly impos- levels to seek out STEM fields, such as such tweets in articles with no ques- sible. As a result, the amount of a tax- computer science, so they are prepared tions asked or verifying the veracity of payers’ refund is unlikely to be exactly to fill these in-demand jobs and be our these claims. the same as it was under the old law first line of defense against these To be fair, oftentimes buried deep in compared to our new law. Yes, some emerging and rapidly evolving threats. such articles, well below a sensational taxpayers may see a smaller refund, I look forward to continuing to work headline, is an attempt to demonstrate but others may see a larger refund. The with my Republican and Democratic some semblance of unbiased reports, size of one’s refund tells you nothing colleagues to get this bill signed into noting that under the tax law, most about whether a specific taxpayer ben- law and to advance other commonsense taxpayers will see tax cuts. That is efited from last year’s tax law. legislation that strengthens our Na- right. Most taxpayers will see tax cuts. Given this fact, the best way for any tion’s cyber capabilities and safeguards You most assuredly wouldn’t know this taxpayer to see how tax reform af- the weakest links in the cyber security from the headlines bemoaning a reduc- fected their bottom line is to compare chain from harm. tion in tax refunds, but the vast major- this year’s tax return with last year’s Mr. President, I yield the floor. ity of taxpayers experienced a tax cut tax return, rather than making that I suggest the absence of a quorum. last year, and will this year, as well. judgment based upon what the refund The PRESIDING OFFICER. The Every analysis—from the non- is. clerk will call the roll. partisan Joint Committee on Taxation Tax preparers and tax return soft- The bill clerk proceeded to call the to the right-leaning Tax Foundation, ware often will provide an analysis roll. to the liberal Tax Policy Center—dem- comparing the current and previous Mr. GRASSLEY. Mr. President, I ask onstrates that taxpayers are sending year’s tax return. I encourage tax- unanimous consent that the order for less of their hard-earned money to payers to compare the total amount of the quorum call be rescinded. Washington this year. taxes paid this year with the total The PRESIDING OFFICER. Without As an example, an Iowa family of taxes paid last year, or, if your income objection, it is so ordered. four with the State’s family median in- materially changed from last year, TAX FILING SEASON come of around $75,000 stands to see compare your effective tax rate. That Mr. GRASSLEY. Mr. President, I their tax bill cut by more than half, or is the taxes paid as a percentage of come to the floor for two reasons: No. about $2,100 in savings. This is real tax your adjusted gross income. If your tax 1, to speak about the tax bill of 1 year relief that began appearing in many preparer does not already provide you ago, and then, for a longer period of taxpayers’ paychecks at the start of with this information, simply ask them time, to address the issue before the 2018. That is a very important point. for that information. Senate, which is the nomination of Mr. The government could have chosen to If taxpayers take this approach, the Barr. deprive this taxpayer of this extra vast majority will see that their tax The tax filing season began just over $2,100 last year until they filed their bill has gone down. This is what mat- 2 weeks ago. Despite the disruption of taxes during this tax season. ters, not the size of their refund. The the temporary partial government This may have been the best thing to size of the refund tells you nothing be- shutdown, the IRS is reporting to the do if you are someone who starts with yond the degree to which a taxpayer Nation that all systems are go. Tax re- the assumption that their money has overpaid their taxes over the turns are being processed as normal, would be better off in the hands of the course of the year. I hope Americans and refunds are being sent out. While government interest-free. But I do not will take the time to check so they there are lingering effects from the believe that is the best thing to do. know the real effects that last year’s shutdown, overall, the IRS and Treas- I believe taxpayers know better how tax cuts had on their lives and their ury have done a pretty good job of to spend their hard-earned money than family. minimizing the effects of the shutdown Washington does. It should be up to the NOMINATION OF WILLIAM BARR on tax filers. individual taxpayer whether it is in his Mr. President, I will now turn my at- This season is receiving additional or her interest to put that extra tention to the vote that will happen scrutiny as it is the very first time $2,100—or about $175 a month—in a sav- shortly today or tomorrow on William that tax filers are filing under the tax ings account or spend it on buying Barr to be Attorney General for the cuts and reforms enacted last year. My school supplies for their children or United States. colleagues on the other side of the aisle maybe even making a car payment. Mr. Barr is a highly accomplished at- and some in the media appear to be ob- That is a decision 157 million taxpayers torney and an experienced public serv- sessed with finding anything they can can make and not 535 Members of Con- ant with an outstanding record. The

VerDate Sep 11 2014 00:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.024 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1301 Justice Department needs good, effec- While I will continue to use the over- about transparency with regard to the tive leadership, and we should act sight powers of Congress to ensure that special counsel’s report. I made very quickly to fill this top spot. the FIRST STEP Act is applied and im- clear that I want the report to be made I believe that Mr. Barr will be a good plemented as required by law, I believe public because taxpayers deserve to leader for the Justice Department as Mr. Barr’s testimony, and I look for- know what their money is being spent he has demonstrated in the past. In my ward to working with him on both the on—in this case, maybe $25 million to opinion, at his Judiciary Committee implementation of the current law and $35 million. I am not sure we have an nomination hearing, Mr. Barr was very future steps in criminal justice reform. exact figure, but it is a lot of money. candid with Senators. I believe he did I want to go on to another issue of The only way the American taxpayers his best at answering questions on his importance to me, which was Mr. and Congress can hold the government views on a wide variety of topics, as Barr’s position on the False Claims accountable is through transparency. well as addressing concerns, including Act. If you remember my participation You have heard me say many times my own. in the False Claims Act, going back to that transparency brings account- For example, at the beginning of this 1986, that act has brought in $59 billion ability. Of course, there are some tradi- confirmation process, I had concerns of fraudulently taken money from the tional reasons for withholding certain regarding Mr. Barr’s prior negative Federal taxpayers. Leaders and top information even in a special counsel’s statements on a subject that I have prosecutors of both sides of the aisle report, such as national security or been working on for 4 years with Sen- have now praised the law as the most people’s privacy, but there should be as ator DURBIN and Senator LEE—crimi- effective tool the government has to much transparency as possible regard- nal justice reform. detect, to prosecute, and actually to ing the release of the report. In particular, I was concerned about recover public money lost to fraud. During his hearing, Mr. Barr said a 1992 Justice Department report re- Most of the $59 billion has come as a that he would place a high priority on leased when he was Attorney General result of patriotic whistleblowers who transparency, particularly with entitled ‘‘The Case for More Incarcer- found the fraud and brought the cases Mueller’s report, and there is no reason ation.’’ That title ought to tell you at their own risk. to think that Mr. Mueller will not be allowed to finish his work. Mr. Barr that he is tough on law enforcement. I To let you know why I am concerned told me and other members of this was also concerned about a letter he about Mr. Barr’s opinion, in the past he committee that he would ‘‘provide as signed in 2015 opposing the bill that we was extremely critical of the False much transparency as [he] can con- then entitled the Sentencing Reform Claims Act, even after it was signed by sistent with the law and the Depart- and Correction Act of 2015. Obviously, President Reagan. He called it uncon- ment’s longstanding practices and poli- if I think we need criminal justice re- stitutional. At one time, he said it was cies.’’ There is a lot of room there for form for the first time in a generation, an ‘‘abomination.’’ So at his nomina- him to work within, I suppose, and to and the Attorney General puts out a tion hearing, I pointedly asked Mr. Barr whether he believed the False still be honest in these answers. At this letter against the part of it that Sen- point, I can tell you I have no reason to ator DURBIN and I were working so Claims Act is unconstitutional. He said: ‘‘No, Senator. It’s been upheld by doubt Mr. Barr’s sincerity or his com- hard on—by the way, the President mitment to transparency and the law. signed that just before Christmas— the Supreme Court.’’ Mr. Barr also stated that he would If he is confirmed, I will be sure to then, I think it is legitimate that I ask fully and faithfully implement this hold Mr. Barr to his word on trans- him these questions. very important law. He acknowledged parency. Yet I also realize that there As Attorney General, Mr. Barr will are some differences of opinion around be responsible for implementing the re- the benefits of the False Claims Act and said: ‘‘I will diligently enforce the here on what is currently required cently passed FIRST STEP Act of 2018, under the Justice Department’s special which 89 Members of this body sup- False Claims Act.’’ I also asked Mr. Barr about his counsel regulations. That is why Sen- ported. These Members also worked stance on something called the ator BLUMENTHAL and I recently intro- tirelessly for its passage. The FIRST ‘‘Granston Memo.’’ That memo pro- duced S. 236, the Special Counsel STEP Act is the title of the bill that I vides a long list of reasons that the Transparency Act. This bill would re- call criminal justice reform. This is Justice Department can use to dismiss quire by statute that a special counsel why one of my first questions during False Claims Act cases. Some of these provide a report to Congress and the his confirmation hearing was to di- reasons are pretty vague, such as ‘‘pre- American people at the conclusion of rectly and clearly ask Mr. Barr if he serving government resources.’’ Just an investigation, not just Mueller’s would commit to fully implementing think as to how that can be used by special counsel report but special coun- the FIRST STEP Act, considering the some faceless bureaucrat to avoid some sels’ reports into the future. This is fact that he had written a letter 3 issue, like maybe he doesn’t want to go commonsense transparency and ac- years ago against the concept. after fraudulent money or doesn’t like countability under any administration, His answer was very clear and con- some whistleblower. Obviously, those not just under the Trump administra- vincing to me, and that was one word— words could mean anything the govern- tion. I look forward to working with ‘‘yes.’’ He went on to say: ‘‘I have no ment wants it to mean. my colleagues and Mr. Barr, if he is problem with the approach of reform- Of course, the government ought to confirmed, on this important legisla- ing the prison structure and I will be able to dismiss, obviously, meritless tion. faithfully implement the law.’’ Later cases, but we don’t want to give broad I also pressed the nominee on a num- in the hearing, other Senators pointed discretion to the administration with- ber of other issues that were related to to Mr. Barr’s past stances on criminal out good justification. Even when the transparency and accountability, in- justice and sentencing reform. Those Justice Department declines to partici- cluding the Freedom of Information Members asked for Mr. Barr’s current pate in a False Claims Act case, the Act—or, as we call it around here, views on the subject. They also asked whistleblower can and, in many cases, FOIA—and the Foreign Agents Reg- for assurances that Mr. Barr would du- still does recover taxpayers’ money. istration Act. Around here, we refer to tifully implement the FIRST STEP Although Mr. Barr had not yet read that as FARA. When I served as chair- Act, just like I asked that question. the memo, he pledged to sit down with man of the Judiciary Committee, I Mr. Barr expressed his current mis- me if problems arose. These are posi- helped to steer the FOIA Improvement givings about high sentences for drug tive steps and positive statements. Act of 2016 into law, which creates a offenders established in the 1990s. Each However, actions speak louder than very important point—a ‘‘presumption time, he answered very clearly that he words. So I want Mr. Barr to know that of openness’’ standard. The Justice De- would dutifully implement the FIRST I am going to monitor aggressively partment oversees the Federal Govern- STEP Act and work to ensure that the how he enforces and protects the False ment’s compliance with FOIA. So that intent of Congress was realized. Mr. Claims Act to ensure that he follows is why we discussed it with Barr. It is Barr’s answers regarding the FIRST through on his promises. critical that the nominee, if confirmed STEP Act relieved my concerns of his On another matter, during his con- to lead the Justice Department, takes past statements. firmation hearing, I pressed Mr. Barr FOIA and transparency seriously.

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.027 S13FEPT1 S1302 CONGRESSIONAL RECORD — SENATE February 13, 2019 When you talk about a presumption cally, whether he would ensure that mittee, the Senator from Iowa, has just of openness, it ought to be this simple: healthcare and prescription drug anti- pointed out, the Senate will soon vote Any of the public’s business ought to trust issues would be a top priority for on the nomination of William Barr to be public, and you presume it to be the Justice Department. serve as Attorney General. public. Let the government give a jus- The nominee responded: ‘‘Competi- As has also been pointed out, this is, tification as to why it ought to be kept tion is an important factor in con- undoubtedly, one of the most qualified secret or not be open to the public taining the costs of healthcare’’ and nominees to come before the Senate in under the Freedom of Information Act. that he would ‘‘work with the Anti- his having already held the same posi- I asked Mr. Barr if he agreed that trust Division to ensure appropriate tion under President George H.W. FOIA were an important tool for hold- and effective criminal and civil en- Bush. He has also served as an intel- ing the government accountable. Natu- forcement to protect Americans’ inter- ligence analyst at the CIA, as an As- rally, he said yes. I also asked the ests in low-cost, high-quality sistant Attorney General in the De- nominee if he would commit to ensur- healthcare.’’ He stated that if con- partment of Justice’s Office of Legal ing the faithful and timely implemen- firmed, antitrust enforcement in the Counsel, and as Deputy Attorney Gen- tation of the 2016 FOIA amendments. healthcare and pharmaceutical sectors eral before he served as Attorney Gen- He said: ‘‘Yes, we will work hard on ‘‘will remain a priority’’ for the Justice eral. that.’’ I also think that the entire Department. His confirmation hearing lasted more FOIA process would be improved if I also expressed to the candidate my than 12 hours, during which time he Americans didn’t have to fight tooth concerns about agriculture competi- and other witnesses answered hundreds and nail for disclosure in the first tion. He indicated that enforcing the of questions on a wide variety of issues place. Let me repeat that—fight tooth antitrust laws in the agriculture sector he might confront as Attorney Gen- and nail for disclosure. That is why we will remain a priority. eral. He was straightforward and forth- have a presumption of openness when The topics I just discussed are just coming. He earned high praise even it comes to the Freedom of Informa- some of the areas that I asked Mr. Barr from the ranking Democrat on that tion Act. about at the confirmation hearing and committee—our colleague, Senator Getting the public’s information out in written questions for the record, and FEINSTEIN from California—who said: to the public automatically should be a my Judiciary Committee colleagues He’s obviously very smart. He was Attor- top priority. So I asked Mr. Barr if he questioned Mr. Barr at length on a va- ney General before. . . . No one can say he isn’t qualified. I was thinking last night, ob- would help to advocate for the more riety of topics. I take Mr. Barr at his word. I don’t believe he would bow to viously Mr. Barr is qualified. He is bright. He proactive disclosure of government is capable. records. Again, he said he would. I ap- any kind of pressure, even from the President, if he thought there were a She could have said more, but one of preciate Mr. Barr’s assurances. Of problem with the legality, constitu- the things she said after that is, ‘‘I course, as I have said so many times tionality, or ethics of an issue. He is an won’t be voting for him.’’ during these remarks on different excellent nominee—extremely com- This is an important job for the issues, I expect to hold him true to his petent and experienced. American people. There are a lot of word. Mr. Barr previously led the Justice jobs out there to be filled. It is hard to Then, I went to the Foreign Agents Department and has proven his strong argue that any of them are more im- Registration Act, or FARA. I asked leadership abilities. Recall that back portant than this one, but it is also him about the importance of it. My in 1991 the Senate Judiciary Com- hard to argue that there is not some- oversight work has highlighted the mittee unanimously reported Mr. thing wrong with a process where that Justice Department’s historically lax Barr’s nomination to be Attorney Gen- is the comment that could be made, enforcement of that act. I think we had eral under President George H.W. Bush. followed not too long after that by: I a hearing on it and found out that Can you believe it? The Senate con- won’t be voting for him. since 1937 there have been fewer than a firmed him by a voice vote. Senator GRASSLEY pointed out that dozen prosecutions under it. Now, all of What has changed after 25 years? the last time Bill Barr was confirmed a sudden, with Russia, Ukraine, and I don’t know, except that there is to be Attorney General, it was by voice Turkey and a lot of other places, it has something some people think is wrong vote. It seems as if that must have come to my attention that there are a if a person by the name of Trump been a long time ago. It hasn’t been lot of people who even recently haven’t nominates somebody to some office. that long ago; it is just the way the registered under it. On the other hand, The only difference I can see is that Senate used to work. That is why the I will bet people are hastening to reg- even in the last 25 years, he has proven Rules Committee that I chair voted out ister very fast. himself to be in the private sector what a Senate resolution earlier today deal- Yet the law has some shortcomings. he did so well as a public servant. He is ing with this issue. This should not be In an age in which we are witnessing a very capable attorney and a straight the problem that it is. It shouldn’t be more foreign government efforts to in- shooter. He is willing to engage in pro- an issue, but, frankly, the nomination fluence the American public and pol- ductive discussions with Congress. process is broken. icymakers, we should see more trans- That is a key quality that we want in In every election in this country, one parency and more enforcement against anybody who runs the Justice Depart- thing has been certain: At least one bad actors, not less enforcement. So I ment, and I have had enough trouble party will not be happy with the result. asked Mr. Barr if he agreed that FARA with the Justice Department. I certainly understand why our Demo- was an important national security I hope he will respond to my requests cratic colleagues weren’t happy with and accountability tool, and he said for oversight information more than the results of the 2016 election. There yes. the Democrats and Republicans had have been elections I have not been I asked Mr. Barr if he would be sure who preceded him. He is committed to happy about and some that I have been to make FARA enforcement a top pri- working with me on my oversight re- happier about than others even when I ority under his leadership. Again, he quests, and I think my colleagues know was happy. This is a process that said he would. that that is a responsibility that I take makes it easy not to be pleased with I also asked Mr. Barr if he would seriously. what voters decide to do, but that commit to working with me on my bill He will uphold the law and the Con- doesn’t give you the right to stand in to improve FARA. This bill before Con- stitution. Mr. Barr deserves our sup- the way of what voters try to do, and gress is called the Disclosing Foreign port, and one can tell from my remarks that is exactly what our friends on the Influence Act, and it seeks to better that I am, obviously, proud to vote for other side of the aisle have done. ensure transparency and account- him. Over the past 2 years, we have had ability. Again, he said yes. Again, Mr. I yield the floor. unprecedented obstruction when it Barr can expect that I will hold him to The PRESIDING OFFICER (Mr. comes to just trying to put a govern- his word. PERDUE). The Senator from Missouri. ment in place, unprecedented obstruc- I also asked Mr. Barr about his posi- Mr. BLUNT. Mr. President, as the tion to confirming a President’s nomi- tion on antitrust enforcement—specifi- former chairman of the Judiciary Com- nees.

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.028 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1303 During the first Congress President important as a Supreme Court Justice, from Oklahoma, Senator LANKFORD, Trump was in office, the previous 2 or it could be the lowest level of con- who has been working on this issue for years, he submitted 1,136 nominees for firmation in any of the Agencies of 2 years now, and others of us have as jobs across the Federal Government. government. well. We introduced this bill to cut the During that same period of time, Presi- By the way, those are the people who amount of time back to what had been dent Obama submitted 1,132 nominees. haven’t been put in place because obvi- a temporary standing order when Re- By the way, President Trump is ously lifetime judges matter, and both publicans were in the minority, and we sometimes criticized for not getting parties would prioritize that. agreed to this temporary standing the nominees up here quickly enough. There have been 128 cloture votes. In order. The Democrats were in the ma- He actually got four more nominees up the first 2 years of the past three Presi- jority. There was a Democrat in the during that period of time than Presi- dents, there were cloture votes a total White House. We agreed to essentially dent Obama did, but the Senate con- of 24 times—24 times. That is an aver- this same framework: 2 hours for most firmed 920 of President Obama’s nomi- age of 8 compared to 128. There is a lot nominees, 30 hours for circuit judges nees during that first 2 years, and the of difference between 8 and 128. and Supreme Court Justices and Cabi- Senate only confirmed 714 of President Because the tradition of the Senate— net officers. Seventy-eight Senators Trump’s nominees—barely half for as a matter of fact, I think if President voted for that temporary order. President Trump and about 70 percent, Bush were on here, President George H. Usually when you do you a tem- 75 percent for President Obama. There W. Bush—that number was zero. No porary order, it is to see if it works. is a nearly 200-person difference, but time. And that was much more tradi- Well, it worked, but we didn’t do it more important, maybe, than the dif- tional, up until that time, than now. again. So we are now saying, let’s ference is the obvious effort for us not When President Reagan was Presi- make that temporary order a perma- to be able to get other work done. dent, once a nominee got out of com- nent part of the way the Senate ap- At the end of the last Congress, we mittee, it was an average of 5 days be- proaches this part of its job. We are returned the largest number of nomi- fore that nominee had a vote here on moving in that direction. We had a de- nees from any President since Ronald the Senate floor. It was normally the bate this morning in committee. The Reagan. There are really only two rea- same kind of voice vote that Senator time we are spending on the floor—if sons for that. One is to, frankly, stall GRASSLEY mentioned that Bill Barr there is a nominee who needs 30 hours, the confirmation process and make it had the last time. The average was 5 they are almost certainly going to be difficult for the President to do the job days. With President Trump, it was 55 in that category that gets 30 hours. If of being President. If you don’t get the days before a nominee could get a vote there is a nominee who would be in the people to help you do the job you are once they got out of committee. 2-hour category, they are going to have elected to do, you can’t do the job as Remember, if you have agreed to been through committee, they are effectively as you would otherwise. serve in one of these jobs, you have going to have been thoroughly vetted, We just had a government shutdown, given all of your financial information, and the committee will have decided which I think all of us were dis- you have given all of your personal in- they should be reported out. We need appointed by. That is bad policy. We formation, and you have been inves- to get back to where 5 days after that, don’t want to repeat it again. We didn’t tigated through and through. You have the Senate lets this person go on to fill want to repeat it that time. But we appeared before a committee, and they a job that is, in all likelihood, not have a partial shutdown of many of have asked you every question they going to last beyond one administra- these Agencies and parts of the govern- could think of to ask you. They have tion and maybe not even that. ment every single day because we don’t voted you out of that committee. And It won’t be long before nobody is have the people necessary to put the then 24 people, at the end of last year, willing to sign up if a year later, after rules in place. were sent back to the White House, at you have put your life on hold, you find There was a lot of discussion during the end of that conference—I think it out that the Senate somehow can’t get the government shutdown about farm- was over 24 people, over two dozen peo- to the job you have agreed to serve on ers who weren’t able to get the loan ple—who had been waiting 1 year to be- because we have to take time that the guarantees they needed because the of- come maybe the Deputy Assistant Sec- Senate never took before. fice was closed. Well, to some extent, it retary of Interior. I hope my colleagues on both sides of is the same way when the door is open This will not work. This is not how the aisle look at that standing order but the people aren’t there, when the our system is supposed to work, and we that could change our rules in a way door is open but the rules for the new need to move forward. And it is not that allows people who are willing to farm bill haven’t been issued, and when like when this happens—when these 128 serve to be thoroughly vetted, thor- the door is open but the trade regula- cloture votes happen—there is a huge oughly questioned, and then voted on. tions that need to be made for the tax debate. There are 30 hours, plus the in- This can’t happen unless they get bill aren’t out there. tervening day, but that doesn’t mean voted on. Clearly, the current process The other reason, by the way, the there is any big debate. In fact, usually of voting on people is a process that second reason, is just to use up floor there is almost no debate at all on has been abused. time. There are only so many things these nominees. When the nominees we can do here on the Senate floor. The were voted on, 48 percent of the nomi- While the Senate is a place that rec- majority leader is fond of saying that nees got over 60 votes and 37 percent of ognizes the rights of the minority, the most precious commodity in the the nominees got over 70 votes. So those rights have only been upheld Senate is floor time. If we are required clearly this is not about holding back when the minority viewed them for to drag out this process, as the minor- somebody who could be confirmed; it is what they are—rights of the minority ity has insisted we do for the last 2 about using up time that should be rather than tools of the minority to ob- years, things don’t happen otherwise. used for other things. struct the elected Government of the During the first 2 years of the Trump There are two jobs in the Senate. One United States of America and the work administration, there were 128 cloture of them is the personnel business. One of the Senate. votes right here—128 cloture votes. of them is confirming people the Presi- I yield the floor. That is where a Democrat—usually the dent nominates. But the other is the I suggest the absence of a quorum. minority leader—insists that we are legislating business. The other is the The PRESIDING OFFICER. The going to have to get a majority of funding the government business. The clerk will call the roll. votes to even have the debate on a can- other is the talking about foreign pol- The senior assistant legislative clerk didate. Once you file that, that takes a icy business. The other is talking proceeded to call the roll. day before you can even begin to have about the economy and trade and Ms. MURKOWSKI. Mr. President, I the debate, and then the debate is 30 taxes. Every hour we spend on this is ask unanimous consent that the order hours. So half a week is gone before the an hour we can’t spend on that. for the quorum call be rescinded. week starts just trying to confirm one The resolution we passed out today The PRESIDING OFFICER. Without person for one thing. That could be as was one I introduced with my colleague objection, it is so ordered.

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.030 S13FEPT1 S1304 CONGRESSIONAL RECORD — SENATE February 13, 2019 S. 47 Next on my list are Leader MCCON- The PRESIDING OFFICER. The Ms. MURKOWSKI. Mr. President, we NELL and Senator SCHUMER. The minor- Democratic leader. have finally completed our work on S. ity leader is here. We had a conversa- Mr. SCHUMER. Mr. President, let me 47, the Natural Resources Management tion on the floor just about where he is thank the chair of the Energy Com- Act. We had a good day yesterday. We sitting—this was back in December. mittee, the senior Senator from Alas- had a good day here in the U.S. Senate. But the two leaders gave their commit- ka, for the wonderful work she always We passed this significant bill—really, ment to take this bill up early this does around here. She has the respect a landmark piece of legislation—out of year. They kept that commitment. of Members on both sides of the aisle. the Senate by a vote of 92 to 8. That is They made it happen. I thank them for She tries to do the right thing and ends pretty strong. You don’t see a lot of what they did in recognizing that this up there so often. This lands bill that in the Senate anymore—every public lands, resources, and waters bill wouldn’t have happened without a lot now and again, and this was one of deserved early attention in this new of the people she mentioned, but at the those every now and agains. I appre- Congress. top of the list would certainly, cer- ciate all the work. I mentioned on the floor that there tainly, be the senior Senator from We have now sent this over to the were many colleagues on both sides: Alaska. House of Representatives, and it has Senator HEINRICH, Senator GARDNER, Once again, I tip my hat to the junior some good momentum. We are looking Senator DAINES from Montana, Senator Senator from Washington State, who forward to being able to work with the WYDEN from Oregon, all of whom have worked so long and hard on this. The House. I encourage them to move been great partners here on the floor. two of them were a great team, and quickly on this important measure and It is important to briefly mention JOE MANCHIN filled in when he became see it enacted into law. the staffs, who put in the long hours— ranking member. We are all very glad I want to take just a few moments the work and the family life they gave that this wonderful lands bill, with so this afternoon, while I can, to thank so up. many good things in it, will, barring many who have been key in getting us The first person on my list to recog- any unforeseen mishap, become law to this point. I want to start my com- nize is my deputy chief counsel, Lucy very soon. ments with acknowledging the former Murfitt, who is truly an expert, a true NOMINATION OF WILLIAM BARR ranking member of the Energy and expert on the lands issue. She has Mr. President, I rise this afternoon to Natural Resources Committee, Senator poured her heart and soul into these address the nomination of Mr. William CANTWELL from Washington. We have issues, and it is no exaggeration to say Barr to be the next Attorney General spent a lot of time together. We have they would not have happened without of the United States. spent a lot of time over the years her efforts. We take all these nominations very working on these lands bills. We did it I also thank my staff director, Brian seriously. Each member of the Presi- in the public forum through the com- Hughes; my chief counsel, Kellie Don- dent’s Cabinet holds immense influence mittee process. We had hearings on nelly; the members of my lands team, within our government, with the power hundreds of bills. We worked to refine Annie Hoefler, Lane Dickson, and to affect the lives of millions. At this and reach agreement on them and to Michelle Lane; our communications moment in time, the Attorney General report them from committee. So there team, Nicole Daigle, Michelle Toohey, might be the very most critical of all was all of that process, which went on and Tonya Parish; our support staff, in- of the Cabinet officials in our govern- throughout the committee, and then cluding Melissa Enriquez and Sean ment. the two of us sitting down with our Solie; then Brianne Miller and Isaac Not only will the Attorney General staffs on noncommittee time, just Edwards, who basically kept the com- assume the traditional responsibilities working through these particulars, in mittee running while everyone else was of the office, but the next Attorney many meetings in my office and in her focusing on this bill. General would also oversee one of the office. We really did this on a bipar- While I am proud of my team, we had most sensitive investigations in our tisan basis. We stuck together. There great partners on the other side of the were times when the prospects for this aisle. Sarah Venuto and Lance West Nation’s history—the special counsel’s package did not look so good, and then joined the committee with Senator investigation into Russian influence in the 2016 elections. Just to say those there were moments when it looked MANCHIN, and they have been great to even worse than not so good. But we work with. Sam Fowler, David Brooks, words, ‘‘Russian influence in the 2016 kind of pulled one another along. I Rebecca Bonner, Bryan Petit, Camille elections,’’ makes your hair stand on think that is a tribute to the commit- Touton, Mary Louise Wagner, and end a little bit. Under normal circumstances, the po- ment we made as colleagues and part- Amit Ronen also played key roles. ners in this to advance not just to a Then on the House side, we had David sition of Attorney General demands an message but to a product. I truly think Watkins and Brandon Bragato of Chair- individual of unimpeachable integrity, impartiality, and independence. Under that is a tribute to Senator CANTWELL man GRIJALVA’s staff, along with Par- and her willingness to work together to ish Braden and Cody Stewart, who has these circumstances, that bar is more find a path forward. now left the Hill, of Ranking Member important and probably higher than Then we weren’t able to finish things BISHOP’s staff. ever. Why? Because as we have all seen, at the end of the year. Senator CANT- I have to give a shout-out for the President Trump has demonstrated WELL moved over to another com- floor staff. Laura Dove and her team utter contempt for the rule of law. He mittee, and I had an opportunity to were fabulous. We also appreciate our has expressed a view of the Department pick up with Senator MANCHIN. He Parliamentarians, Elizabeth of Justice that is completely counter picked up. McDonough and Leigh Hildebrand; to the history of this grand Depart- Here he comes in, a new ranking Terry Van Doren with Leader MCCON- ment as an independent Agency of the member, and he has a bill to help man- NELL; and Aniela Butler at the Senate law. Rather, he views the Justice De- age on the floor with some 100-plus Budget Committee. partment as an Agency that should bills. But he helped us in a way that I Two of the individuals who probably protect him personally and one he can am most, most grateful for. He kept us put the most time into this package, compel to protect his friends and pros- on track and helped us secure a very Heather Burnham and Christina Ken- ecute his enemies. That sounds like a strong final tally here. nelly, are in the Office of Senate Leg third-world country, not the United I am also very grateful to my other Counsel. I also thank Janani States of America. corners, the chairman and ranking Shankaran, Kim Cawley, and Aurora In the process of attempting to dis- member of the Natural Resources Com- Swanson at CBO. credit the special counsel’s investiga- mittee on the House side, Chairman Great members, great team—we tion, the President has run roughshod GRIJALVA and Ranking Member BISHOP. could not have done this great work over the norms of the executive I thank them for their exceptional, ex- without them. branch’s relationship with the Justice ceptional work on this package and To Senator SCHUMER, I say thank you Department. President Trump has de- look forward to working with them as for allowing me to complete this in its meaned the public servants of the Jus- we finish this out. entirety. I appreciate your indulgence. tice Department. He has questioned its

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.033 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1305 motives, up to and including the up- investigation. Again, that is not good We are in a moment in history when, grading and belittling of the former At- enough—not with any President and after years of attacks on civil rights by torney General on Twitter—an Attor- certainly not with this one. this President and Attorney General ney General that he himself appointed. With this President, we need an At- Jeff Sessions, some of our most funda- As the special counsel continues to torney General who can assure the mental democratic principles—the rule investigate the connections between Senate and the American public that of law, separation of powers, equal pro- the most senior members of the Trump he will stand up to a President who is tection under the law—are hanging in administration and the Kremlin, it is dead set on protecting his political in- the balance. We now face a full-blown an extraordinarily important and ex- terests above all norms and rules of crisis when it comes to rolling back the traordinarily dangerous moment for conduct. The President wants a Roy rights of Americans. the Justice Department. That is the Cohn to be his Attorney General, but From community to community maelstrom into which the next Attor- this moment calls for another Elliot across the country, we see what it ney General will step. Richardson. looks like when the Department of Jus- Certainly, Mr. Barr is intelligent. The next Attorney General must be a tice fails to pursue justice for all Certainly, Mr. Barr has experience. In public servant in the truest sense, with Americans. fact, he already did the job. Let me say the integrity, the force of will, and the It looks like hate crimes in this that I have always respected his public independence to navigate the Justice country are on the rise for the third service and believed him to be a good Department—and maybe our democ- year in a row but a Department of Jus- man, but what so many of us find lack- racy—through treacherous waters. tice that rolls back protections for ing in Mr. Barr’s nomination this time Mr. Barr’s attitude of ‘‘leave it to LGBTQ Americans instead of strength- around is his fundamental lack of me’’ is not good enough—not for any ening them. awareness about the moment we are in. nominee and certainly not for a nomi- It looks like more than one-third of Only a few months ago, it was uncov- nee President Trump has chosen. all the LGBTQ youth in the country ered that he authored an unsolicited The authorship of the memo, fol- missing school because they feel unsafe memo to the Justice Department criti- lowed by the inability to commit to re- but a DOJ that refuses to fight for cizing—criticizing—the special coun- lease the report or let the investigation them and protect them against State sel’s investigation. He wasn’t involved continue unimpeded—those are three laws that target transgender students. It looks like unchecked voter sup- with the Justice Department in any ca- strikes. Mr. Barr should be out. He pression of Black Americans in Geor- pacity at the time. He was a private at- does not recognize or appreciate the gia, Native Americans in North Da- torney. He could not have had access to moment we are in. Again, his ‘‘leave it kota, and the voter ID and voter purge any of the facts in the case. Yet he de- to me’’ attitude does not measure laws across the country that tried to cided to write this memo, which, in ad- where we are with a President like target and suppress minority voters dition to making unevidenced claims this. Now, I hope I am wrong. I hope Mr. but a Justice Department that has about the investigation, outlined an Barr, who we know is likely to be con- stood by and failed to take on one sin- extremely broad—in my judgment— firmed—our Republican colleagues gle voting rights case during the last 2 overreaching vision of Executive show none of the independence that is years. power. Writing that memo showed poor required—will rise to the occasion, but It looks like communities that are judgment and, worse, it showed bias at I remain unconvinced that Barr is pre- being poisoned by corporate polluters a time when the country could not af- pared to meet this moment. So I will pushing their costs of doing business ford either in its Attorney General. onto neighborhoods least able to defend I felt the memo alone was disquali- be voting, with strong conviction, no on this amendment. I hope Mr. Barr themselves, making their land and air fying at a time when we have a Presi- and water toxic but a DOJ that has dent who scorns the rule of law, but I disproves my view, but his words make me very much worried that this will made it easier for polluters to get set- believed Mr. Barr deserved the chance tlement agreements while cutting its to change my mind so I met with him not happen. I yield the floor. own enforcement capacity to hold privately a few weeks ago. Our con- I suggest the absence of a quorum. those corporate polluters accountable. versation focused on three questions. The PRESIDING OFFICER. The It looks like corporate malfeasance First, I asked him very directly if he clerk will call the roll. continuing to target the most vulner- would recuse himself if the ethics offi- The senior assistant legislative clerk able while DOJ enforcement of cor- cials at the Justice Department said he proceeded to call the roll. porate penalties drops by 90 percent should. He would not commit to doing Mr. President, I ask unanimous con- during the first 2 years of the Trump this. Instead, he said he would make sent that the order for the quorum call administration. his own decision. be rescinded. It looks like doubling down on the Second, I asked him if he would re- The PRESIDING OFFICER (Mr. COT- failed war on drugs, which is known to lease the special counsel’s full report TON). Without objection, it is so or- be not a war on drugs but a war on the on Russian influence in the 2016 elec- dered. American people—disproportionately tion, with, of course, appropriate Mr. BOOKER. Mr. President, I rise low-income Americans, disproportion- redactions that the intelligence serv- today to speak on the nomination of ately mentally ill Americans, dis- ices would require. His response was to William Barr to be the next Attorney proportionately addicted Americans, say: ‘‘I’m for transparency.’’ That is General of the United States of Amer- and disproportionately Black and not good enough. ica. Brown people—which is exactly what He is a good lawyer. Everyone knows Last Thursday, I voted against his Jeff Sessions did when he directed all when you can make an ironclad com- nomination in the Senate Judiciary Federal prosecutors to ‘‘charge and mitment or when you have words that Committee, as did nine of my fellow pursue the most serious, readily prov- seem good but don’t make such a com- Committee Members. I voted against able offense’’ and seek the highest pen- mitment. To say you are for trans- his nomination because of some very alties in nonviolent drug crimes. parency doesn’t say very much. I asked serious concerns I have with his record It looks like unarmed Black men for an unequivocal and public commit- on everything from criminal justice to being killed by officers in their own ment to release the report. He would environmental justice, to defending the homes and backyards, Americans of not give that assurance. economic rights of Americans, the color being disproportionately stopped Finally, I asked Mr. Barr to commit rights of immigrants, LGBTQ rights, and arrested without adequate systems that he would not interfere in any way and women’s rights. of accountability, but having a DOJ with the special counsel’s investiga- I want to go through those concerns that limits the use of consent decrees tion, whether by denying subpoenas, here on the floor today, but I also want that can prevent systemic abuses of limiting the scope of the investigation, to be clear that Mr. Barr has been nom- power by law enforcement and can ac- or restricting funding. He referred to inated at a time of extraordinary chal- tually help to make law enforcement the special counsel regulations and lenge when it comes to defending better, more accountable, more effec- said he wanted to see Mueller finish his rights in this country. This is a crisis. tive, rebuilding and repairing the trust

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.034 S13FEPT1 S1306 CONGRESSIONAL RECORD — SENATE February 13, 2019 between law enforcement and commu- in the United States, the land of the miliar with the issue to say whether such nities necessary to create safe and free. One out of every three incarcer- bias exists. strong communities. ated women on the planet Earth is I find this incredibly alarming. There Of course, it looks like children flee- right here in America, the land of the are widely documented instances of ra- ing violence, being ripped from the free. I say, again, that they are not the cial disparities throughout our crimi- arms of their parents, of their mothers wealthy; they are not the privileged. nal justice system from police stops to at the southern border, 6-year-olds As my friend Bryan Stevenson says: We sentencing, to charges. Racial bias ex- being thrown into cages, and an untold have a nation that treats you better if ists even in our school pipeline; with number of children who still have not you’re rich and guilty than if you’re Black kids and White kids having com- been reunited with their families be- poor and innocent. mitted the same infractions in school, cause of the DOJ’s so-called zero-toler- Since 1980, our prison population in African-American kids are more likely ance policy. this country alone has grown on the to be suspended for them. Right now we see a Justice Depart- Federal level by 800 percent. You can There is no difference, for example, ment whose leadership over the past 2 tell a lot about a nation by whom they between Blacks and Whites in the years has failed countless commu- incarcerate. In Russia they incarcerate United States of America for using nities, from low-income Americans political prisoners. In Turkey they in- drugs—no differences for Blacks, who are being victimized by large cor- carcerate members of the media. In Whites, Latinos. We have a drug prob- porations with bad actors to individual this country we incarcerate the poor. lem in America, and it is equally seen, Americans who are trying to have their We incarcerate Americans with mental regardless of race. Whites are more basic, fundamental rights protected. illnesses, Americans with disabilities, likely than Blacks, in many studies, to The Justice Department has failed Americans who are survivors of sexual deal drugs. Yet, despite this, we live in the American people, and, most of all, assault, Americans who are struggling a country where Blacks are about three it has failed to seek that ideal we all with addiction, people who have faced times more likely to be arrested for hold dear, which is equal justice under harm and need help, who often in the using drugs and almost four times the law. That is why, at this moment system get hurt and experience ret- more likely to be arrested for selling in history, during this crisis of con- ribution and not restorative justice. drugs. science, during this crisis of moral We have a nation where we are locking What does it do when you apply a leadership, we need an Attorney Gen- people up for doing things that two of justice system to certain communities eral who grasps the urgency of the mo- the last three Presidents admitted to and not to others? It has a multiplier ment, who is aware of the impact of doing. effect of impact. It affects voting the Department of Justice on commu- Mr. Barr has a record of actively rights because States still eliminate nities across this country, and who is pushing the policies that have led to the right to vote for nonviolent drug willing and prepared to protect our mass incarceration, that have driven charges. It is called felony disenfran- most fundamental rights in every com- up our Nation’s prison populations at a chisement. It affects economic oppor- munity for every American. That is the time when we need an Attorney Gen- tunity because if you have one crimi- ideal of justice; that is the ideal of pa- eral who is willing to follow the lead of nal conviction for doing the same triotism. What is patriotism but love of coun- this body, which passed criminal jus- things that past Presidents have ad- try? You cannot love your country un- tice reform. mitted to doing and Members of this less you love your fellow country men When Mr. Barr served as Attorney body have admitted to doing, then you and women. What does love look like in General during the first Bush adminis- can’t get a job, you can’t get business public? Justice, justice, justice. tration, he literally wrote the book on licenses. Doors are shut to you; oppor- I appreciate that Mr. Barr took the mass incarceration. He commissioned a tunity is closed. When you have a jus- time to sit down and meet with me. It report titled ‘‘The Case for More Incar- tice system that disproportionately was after the hearings; yet at my re- ceration’’ and wrote the forward en- impacts certain Americans, those com- quest, he finally agreed to come and dorsing it. He is an architect of the munities then face serious, serious con- meet with me. There was no staff in criminal justice system that is so dis- sequences. the room. It was an honorable ges- proportionate—out of proportionality— As a Villanova study shows, overall, ture—a gesture of courtesy. We had a that is ruthless, doing things that we would have about 20 percent less chance to have dialogue about his other countries, until this body acted, poverty in America if our incarceration record, his experiences, his perspec- called torture, like juvenile solitary rates were the same as those of our in- tives as well as mine. I appreciate that. confinement. dustrial peers. Poverty is more in- It is a constructive first step. At his hearing, Mr. Barr said he rec- flicted on those communities of color I appreciate his willingness to listen ognized that some things have changed when they are more likely to be ar- to me and talk about his record of over the last quarter century, but he rested, charged, and convicted because mass incarceration. I even appreciate failed to explain how his views on of the existence of implicit racial bias. his willingness to accept the book I criminal justice have actually evolved. But the nominee for the top law en- gave him—I hope he reads it—titled He was describing more of what he was forcement position in our country says ‘‘The New Jim Crow’’ by Michelle Alex- seeing this body and others do, but he he is not sure ‘‘whether such bias ex- ander. didn’t talk about his own evolution. He ists.’’ I continue to have concerns about didn’t say: Hey, that was my perspec- This should be deeply troubling to all Mr. Barr’s ability and willingness to be tive then, and it has changed now. Americans because we believe in an the kind of Attorney General this On the issue of implicit racial bias, I ideal of equal justice under the law. country needs at this pivotal moment asked him if he acknowledged its well- This should be troubling to all Ameri- in American history. I am concerned documented existence in our criminal cans because we believe, as King said, because throughout his career, time justice system. Implicit racial bias has ‘‘Injustice anywhere is a threat to jus- and again, and during his confirmation been pointed out by both sides of the tice everywhere.’’ process, Mr. Barr has demonstrated not aisle in this body, by big city police This should be deeply troubling to all only that he holds troubling views but chiefs and a former FBI Director. Time Americans because there is a deep lack also that he has an alarming lack of and again, it has been documented by of faith that people have in our crimi- knowledge about the crises that make university studies. It is actually in our nal justice system. They are losing our justice system so broken right Justice Department’s policies to train faith that they will receive equal treat- now, at a time when the United States people in implicit racial bias. This isn’t ment. continues to lead the globe, to lead the something that is new. This is some- When the justice system does not op- planet Earth and all of humanity in thing we understand. erate in good faith, it is hampered in the sheer number of people we incar- When asked about it, Mr. Barr said: doing its most sacred duty. cerate. I have not studied the issue of implicit ra- Right now there is a lack of belief One out of every four people incarcer- cial bias in our criminal justice system. . . . that people will be treated fairly, a ated on the planet Earth is right here Therefore, I have not become sufficiently fa- lack of belief that the system works

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.035 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1307 the way it is supposed to. Mr. Barr’s re- General who will fight for equal justice tice that doesn’t just take the side of sponse and his record show me that he for all, not just the privileged few. We the powerful few but seeks justice for will do nothing to address these legiti- need an Attorney General who knows all Americans. That is our obligation— mate concerns in communities all the difference between ensuring justice all of us. Whether you sit in this body across this country. At a time when he is done and does not automatically or you sit in communities across this could be a leader, a champion, a light seek the harshest penalty in every country, we have gotten to where we of justice and hope for those who have case, with a blind eye to cir- are because we all sought justice. Even lost hope, for those who have lost faith, cumstances, or facts, or extenuating if it didn’t affect our families directly, for those who feel left out and left be- circumstances. we knew the call of our country must hind, he almost doubles down with a We need an Attorney General who be about all of us understanding that dangerous lack of knowledge about will stand up for all of our children, injustice for one is an injustice for all. what we all know exists. LGBTQ rights, for voting rights, envi- I yield the floor. If confirmed, Mr. Barr would also be ronmental justice, and a fairer justice I suggest the absence of a quorum. charged with implementing what this system. We need an Attorney General The PRESIDING OFFICER. The body collectively has done to start to who will refocus on the mission of the clerk will call the roll. reform, for the first time in American Department of Justice in seeking jus- The bill clerk proceeded to call the history, mass incarceration and in- tice for every young person who is roll. creased sentencing. afraid to go to school because of preju- Mr. BLUMENTHAL. Mr. President, I For the first time since 1994’s crime dice and policies that discriminate. We ask unanimous consent that the order bill, we in this body, with wisdom and need one who is seeking justice for for the quorum call be rescinded. in a bipartisan way, have started to go every elderly man who lived through The PRESIDING OFFICER. Without back to more proportionate sentencing. Jim Crow only to be blocked from exer- objection, it is so ordered. Through the FIRST STEP Act, this cising his voting rights because of ra- Mr. BLUMENTHAL. Mr. President, body put more justice back into our cially targeted voter ID laws. in just a matter of hours, we are ex- justice system. It is the first step, but We need an Attorney General who is pected to vote on the nomination of it is the first step in the right direction seeking justice for Americans who have William Barr to be Attorney General of in decades in our country’s history. become entrapped in our broken crimi- the United States. This office is one of I am proud of what we did together. nal justice system, whether it is a kid paramount importance to the people of The bipartisan criminal justice reform from a community like the one I live this country, and as a former U.S. at- that this body just passed into law, by in who is being targeted by our ineffec- torney, the chief Federal prosecutor in an overwhelming vote, is incredible, tive drug laws or kids who have been Connecticut, I have deep respect—in- but it is critical that the FIRST STEP picked up on the southern border and deed, reverence—for this office and the Act be fully and fairly implemented by thrown into a privately run detention legal authority it commands and the the Justice Department. Mr. Barr has center. moral powers it embodies. not demonstrated his commitment to We need an Attorney General who is So the stakes of this nomination, es- the law or to fixing any part of the bro- seeking justice for communities whose pecially at this point in our history, ken criminal justice system I have out- soil, air, and water are being polluted could not be higher. lined. by massive corporations and that feel I believe William Barr should not be Then, of course, we have industries, no one will fight for them. We need an confirmed, and it has more to do with from the private prison industry to Attorney General who will live up to the role of the Attorney General of the phone companies charging exorbitant the purpose of the Justice Department. United States than with his specific po- fees in prisons and jails, making a prof- This is the call of our country. This is sitions or policies on issues where we it off of these injustices, making a the leadership we need. This is the At- may disagree. profit off policies that penalize and torney General we must insist on, one I do disagree with William Barr on criminalize low-income communities who will seek justice for everyone in positions he has taken on civil rights, and communities of color and that tar- every community from the gulf coast women’s healthcare, reproductive get refugees of color. to the Great Lakes, from sea to shining rights, and the powers of the Presi- What is happening in our country’s sea. dency. criminal justice system today is a Mr. Barr has not demonstrated that At this moment in time, at this hour human rights crisis. Think about a jus- he understands the fierce urgency of of our history, an imperial Presidency, tice system right now that has people this moment in our history and the im- such as envisioned by many of the doc- sitting in prison for months before perative for the Attorney General to be trines that William Barr has espoused, they even get a trial because they can’t deeply disturbed by injustice and to ur- in my view, would be an absolute ca- afford bail or a lawyer. We have a gently seek justice. For this main rea- tastrophe. Giving the President the human rights crisis in this country. son, I will be voting against his nomi- power, in effect, to override statutes or We need an Attorney General who nation, but if confirmed, I will perform refuse to enforce them or disregard Su- recognizes the problem and has a will- my constitutional duty and provide preme Court precedent, especially with ingness to do something about it, not oversight and accountability. I will this President, would be a recipe for one who says they are not sure we even continue to work to ensure that our disaster. have a crisis. This is an extraordinarily Justice Department lives up to its de- An imperial Presidency at any point challenging time in our history. This mands. in our history is unwise. At this mo- Nation was formed under ideals of jus- I hope this Attorney General, should ment in our history, it would be cata- tice and fairness and equality. It was he be confirmed, learns, sees the vul- strophic. That view of a unitary Execu- formed at a time when we mutually nerable, understands the challenges of tive and all that comes with it is one of pledged to each other—as it says in our the meek, and understands commu- the reasons I would have reservations Declaration of Independence—‘‘our nities in crisis; that he gets to know about this nominee, but for me, the lives, our fortunes, and our sacred people; that he reaches out and sits transcendent issue—as it was with Jeff honor.’’ This is a country where we are down with folks to learn and to develop Sessions, our former colleague—is all in this together. This is a country a more courageous empathy, but I will whether this nominee will be the peo- where our values and ideals have to be not wait on that. ple’s lawyer or the President’s lawyer. real for all and not just a select few. I will fight every day to make sure Will he put first the interests of the After 2 years, we have seen the Jus- our Justice Department seeks justice. American people or of President Don- tice Department’s relentless attacks on If Mr. Barr tries to double down on the ald Trump? Will he have foremost in basic fundamental rights by our Presi- failures of a broken criminal justice mind the public interests or the per- dent and Attorney General. We now system, tries to roll back basic rights, sonal interests of the President who need an Attorney General who will or fails to protect voting rights and appointed him? work to uphold the values that are civil rights, I will fight against his ef- Unfortunately, I am left with deep most in danger. We need an Attorney forts at every step. I will fight for jus- concerns, doubts, and questions that

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.036 S13FEPT1 S1308 CONGRESSIONAL RECORD — SENATE February 13, 2019 are disqualifying. The best example is with evidence beyond a reasonable spirator. That is a distinction he his position on the release and disclo- doubt that the President committed a shares with only one other President— sure of the special counsel’s report. crime, would he approve an indictment. . There were doubts—and there continue He declined to answer the question di- The unencumbered continuation of to be—among some of my colleagues rectly or clearly. He pointed to two Of- these investigations is of vital public about whether he will, in fact, allow fice of Legal Counsel opinions saying interest. That is why I asked Mr. Barr the special counsel to do his job. He that a sitting President cannot be in- whether he would impose any restric- said that he would resist firing the spe- dicted. I asked what he thought, not tions on these prosecutors. Again his cial counsel and that he would allow what the OLC thought. Would he per- answer was evasive and deeply trou- Robert Mueller to finish his investiga- mit an indictment against a President bling. Instead of issuing a simple no, he tion, but he was pretty careful to avoid if presented with incontrovertible evi- stated that the Attorney General has specifically committing that he would dence of criminal wrongdoing? And he the responsibility and discretion to su- permit subpoenas to be issued, indict- said he saw no reason to change the pervise U.S. attorneys, and he declined ments to be brought, resources to be policy embodied in those OLC memos. to say that he would defer to them. He provided, and other essential factors The assumption is wildly held that declined in the hearing, and he did that go into the effectiveness of the Robert Mueller will follow those OLC again in our private meeting. That an- special counsel. memos, and William Barr confirmed swer gives me no confidence that, if Even giving him the benefit of the those assumptions. confirmed, William Barr will avoid doubt on those issues, there remains There is also Department of Justice interfering in the investigations now his refusal to commit that he will pro- policy that prosecutors do not speak underway in those two additional juris- vide the evidence and findings of the publicly about people they are inves- dictions, where, in fact, they may pose special counsel directly to Congress tigating but are not prepared to indict. an even more dire danger that his cul- and directly to the American people. I followed those policies as U.S. attor- pability will be revealed and perhaps For me, that refusal to commit is one ney. I know them well. In the normal prosecuted. It should not give the pub- of the factors that are disqualifying. case, they are fully applicable, but lic any greater degree of confidence ei- The American people want trans- these two policies taken in combina- parency for the special counsel, as they ther. tion lead to a truly frightening out- On other issues—the emoluments do in their government generally. Just come: If the President cannot be in- clause, for example. When I asked him, yesterday, the Washington Post re- dicted but has committed crimes, the he said: I haven’t even looked up the leased a poll indicating that 81 percent American people may never know. word ‘‘emolument.’’ That is a direct of Americans believe the Mueller re- That is, in effect, tantamount to a quote. There are a number of very port should be released. That number coverup. The American people may includes 79 percent of Republicans. The high-profile cases against the Presi- never know about that proof beyond a simple, stark fact is, the public has a dent involving the emoluments clause reasonable doubt. They may never see right to know. The American people of the U.S. Constitution because the paid for the special counsel’s report. those findings in evidence. They may President has been violating it. The They deserve to know everything that never have the benefit of the full re- chief anti-corruption provision in Fed- is in it, and they deserve not only the port. Even though it may leak in dribs eral law is the emoluments clause. conclusion but also the findings of fact and drabs, in parts, they will never Litigation is underway. Decisions have and his prosecutorial decisions and the have the full and complete picture. been rendered in the district courts in That is why I believe so strongly in underlying evidence that he considered favor of the standing of 200 of us Mem- the legislation that Senator GRASSLEY in making those decisions. The clear bers of Congress who have challenged and I have offered to require trans- specter arises that he will choose to the President’s lawbreaking. I am parency. It is called the Special Coun- bring no indictment against the Presi- proud that that case—Blumenthal v. dent or other officials and that there sel Transparency Act. It would require Trump; Blumenthal and Nadler v. will be no disclosure of the report, that there be a report. If the special Trump—is proceeding. William Barr which would be tantamount to a cover- counsel is transferred or fired or if he has a responsibility to know about that up. What we may be watching is the resigns or at any point completes his case and to say whether he would Saturday Night Massacre in slow mo- investigation, there would be a report, recuse himself from it since he was ap- tion. and it would be required that that re- pointed by the defendant in that case, The reason this issue is of such para- port be provided to the American peo- and if not, what justification there can mount importance to this nomination ple. It would be mandatory, not discre- be for continuing to make decisions relates to the obligation that the At- tionary. about it. torney General has to promote trans- I believe this issue is a transcendent Again, William Barr is a distin- parency. In his responses to me, he said one in this era—the public’s right to guished attorney. He has a strong he would follow all the rules and regu- know the truth about the 2016 election background and qualifications. He lations without delving into all the and the President’s responsibility for served in this position before. He has words and technical issues relating to any obstruction of justice or any collu- very impressive credentials. He and I those rules and regulations. The simple sion with the Russians. Again, it is differ on issues of policy, but the main fact is, they provide near complete dis- about the public’s right to know and question relates to disclosure and cretion to the Attorney General. about the Attorney General’s responsi- transparency, to fidelity and priority, The American public has a right to bility for enabling the public’s right to to the American people’s interests— see the Mueller report, not the Barr re- know. His answers were evasive and putting them unquestionably above the port. We have a right to see not what deeply troubling, and instead of pro- President’s. Because I have such deep William Barr in his discretion permits viding straightforward and forth- reservations and concerns about his de- us to know but, in fact, what the find- coming answers, he was, in effect, termination to do so, I will oppose him ings and evidence are—the Mueller re- evading and avoiding the question. as Attorney General, and I urge my port, not the Barr report. My fear is In addition to the special counsel’s colleagues to do the same. that despite his very vague references investigation, there are at least two I yield the floor. to wanting transparency, his refusal to U.S. Attorney’s Offices—the Southern The PRESIDING OFFICER (Mrs. commit to making that report public District of New York and the Eastern BLACKBURN). The Senator from West reveals his state of mind: that he will District of Virginia—that have concur- Virginia. abridge, edit, conceal, redact parts of rent investigations into Trump cam- Mr. MANCHIN. Madam President, I the report that may be embarrassing to paign activities during this same pe- ask unanimous consent to enter into a the President. In effect, he will act as riod of time and beyond. In the South- colloquy with the Senators from Ohio, the President’s lawyer, not as the peo- ern District of New York, the President West Virginia, Virginia, and Pennsyl- ple’s lawyer. has been essentially named as an vania. During a hearing, I asked William unindicted coconspirator. He is indi- The PRESIDING OFFICER. Without Barr point blank, if he were presented vidual No. 1, an unindicted cocon- objection, it is so ordered.

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.039 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1309 S. 27 the Black Lung Trust Fund, a lifeline the pensions and the healthcare bene- Mr. MANCHIN. Madam President, for the growing number of miners with fits they absolutely earned. once again, I stand here on behalf of black lung. Senator MANCHIN is working to fix our hard-working and patriotic coal I don’t know if you all understand this. I thank him for his efforts, and I miners. We have been here before, and the background or if you have heard thank others in this body. We know the we are going to stay here until we get about what happened, but with the pas- mine workers aren’t alone. The retire- the job done. sage of the bills we are working on, it ment security of hundreds of thousands Right now, retired coal miners’ cuts the black lung fund from $1.10 of teamsters, ironworkers, carpenters, healthcare, pensions, and black lung down to 50 cents. You would think that bakery workers, and so many other re- benefits are on the chopping block if you were reducing it, we had found a tirees is at risk. again, and, once again, there are 1,200 cure, and there is less need for the We know this affects, in my State new coal miners and dependents who money to save our coal miners and to alone, 250 businesses, mostly small con- will lose their healthcare coverage due heal them. That is contrary to what is struction and transportation compa- to coal company bankruptcies. This happening. If anything, it is exacer- nies, 60,000 workers in my State alone, could happen later this month if the bating, and it is growing quicker, fast- and the health of communities. Mine court, as expected, allows Westmore- er, and younger people are getting this worker communities are especially land to shed their Coal Act liabilities. horrible disease more than ever before. hurt by this because so many of them This has happened time after time What we are asking for—my col- live in the same community—local because of the bankruptcy laws—the leagues on both sides of the aisle—is to stores and local businesses. inadequate bankruptcy laws—to pro- join us here today to demonstrate our As we know, Congress pretty much tect the hard-working men and women commitment to our promise. That is tried to ignore these workers and these who do all the work. all it is. retirees. Senator MANCHIN and I saw At the end of last year, Westmore- I am asking the President of the that day after day and week after land indicated they would provide 8 United States, President Trump, please week, but they fought back. We saw months of healthcare funding to the join in, Mr. President. I know you workers rally. They rallied in very hot UMWA, but there was a condition. It know the miners. I know you have spo- weather on the Capitol lawn, and they was dependent upon the sale of certain ken eloquently about the miners and rallied in very cold weather on the Cap- mines for which they have received no your support for the miners. This is itol lawn. They rallied. They called. qualified bids, according to documents one way to truly support the miners, to They wrote letters. We have seen those filed in court. make sure they get what they worked camo UMWA T-shirts around the Cap- Our broken bankruptcy laws are for and what they have earned—what itol. Many of them are veterans. They about to let another coal company they worked for and what they have fought for their country. We owe it to shirk their responsibilities and get out earned. We have it paid for. It does not them to fight for them. of paying for healthcare and pensions add one penny to the Nation’s debt. Ev- We made progress on the bipartisan the coal miners have earned and de- erything is ready to go. Please call Pensions Committee that Senator served. They have worked for this. Senator MCCONNELL and tell him to MANCHIN and I sat on. Thanks to Sen- They have negotiated. They are not put this on the agenda. You put it on ator PORTMAN, also from my State, and asking for a handout. They are asking the agenda, Mr. President, and you members of both parties who put in to get what they paid for, what they have Senator MCCONNELL put in the months of good work in good faith on negotiated for, and what they didn’t amendment—a Senator from Kentucky this. take home to their families. who has an awful lot of coal miners in I am committed to these miners and We have to keep our promise that his State also. I will assure you we will workers. We will not give up. That is was signed into law in the Krug-Lewis get it passed, and we will do the job we why I brought Rita Lewis as my guest agreement. This goes back to 1946— should have done a long time ago for to the State of the Union Address down 1946. It is the only one of its kind. The the people and families who have given the hall last week. Rita Lewis is the agreement makes sure we protect our everything they have, who have patri- widow of Butch Lewis, the teamster patriotic coal miners’ healthcare and otically committed themselves to the who died from a heart attack a couple pensions. energy this country has needed, and of years ago, in large part, we think— We have the chance today to pass my who have defended this country every she thinks, his family thinks brought bill that was cosponsored with my col- step of the way. on by the pressure of fighting for his leagues, the American Miners Act, that With that, I yield to my friend from union, his Teamsters 100—1 million will ensure that none of these coal Ohio, Senator BROWN. members around the country. miners or their beneficiaries would lose Mr. BROWN. Madam President, I say It is about the dignity of work. When their healthcare, pensions, or black thank you to Senator MANCHIN. We are work has dignity, we honor the retire- lung benefits. joined by Senator CAPITO, Senator ment security people have earned. The American Miners Act uses the WARREN, and I know, in spirit, a num- As I said, people in this town don’t same funding mechanism that the Min- ber of others. I think Senator CASEY always understand the collective bar- ers Protection Act did to protect re- will be here in a few minutes. I join gaining process. People give up money tired miners’ healthcare. It is the same them to remind this body—it is a con- today to earn those pensions. If you funding mechanism Congress has used stant reminder—that more than 86,000 love your country, you fight for people time and again to protect our miners’ miners—86,000 miners—are on the verge who make it work, people like these hard-earned healthcare after our bank- of facing massive cuts to the pensions mineworkers. ruptcy courts have ripped them away. and healthcare they earned. Mr. MANCHIN. Madam President, I This is not going to be a drain on the This body doesn’t always remember want to mention one more thing and Treasury. It does not cost the tax- what collective bargaining is all about. then I will turn it over to my col- payers money. We have pay-fors, and Collective bargaining is when union league, my friend from West Virginia, this will be taken care of, as we have members sit down and give up wages Senator CAPITO. taken care of our healthcare benefits. today to have something for the future, The reason this is so urgent, our min- I am asking you to keep the promise to have healthcare and to have retire- ers’ pensions are in dire need. It goes just the way we did when we passed the ment in the future. first. They come to insolvency by 2022. Miners Protection Act and saved the Of those 86,000 miners, 1,200 miners What happens is we are one bankruptcy healthcare for 22,600 miners. We need and their families could lose their away—one bankruptcy from one coal to finish this job. Save the healthcare healthcare this month because of the company—of this thing tumbling down of these miners suffering from new Westmoreland and Mission Coal bank- in 2019. When it starts tumbling, then bankruptcies, protect the pensions of ruptcies. The bankruptcy courts could you have the Central States that will 87,000 miners nationwide, and do it by allow these corporations to ‘‘shed their come right behind it, the PBGC be- passing the American Miners Act, liabilities,’’ which is a fancy way of comes insolvent, and then we have seri- which would also ensure the future of saying walk away from paying miners ous problems. That is why we are

VerDate Sep 11 2014 01:20 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.041 S13FEPT1 S1310 CONGRESSIONAL RECORD — SENATE February 13, 2019 working with urgency for this to be Another miner from Kistler, WV, who So I am honored to stand with him adopted and fixed now. mined for over 35 years, expressed con- one more time. Let me again say that With that, I want to go ahead and cern that he might not be able to pay it is with some challenge that someone turn it over to my friend and colleague, his expenses or help his daughter in from the Commonwealth of Virginia the Senator from West Virginia, Mrs. college without that monthly pension has to say these many nice things CAPITO. check. about somebody from West Virginia, Mrs. CAPITO. Madam President, I Failing to fix the pension fund would but the folks in the Gallery ought to am really pleased to be here to join in have a terrible impact on communities know there has been no one who has the colloquy with my fellow Senators, where many of these miners live. More been a better advocate for miners than Mr. MANCHIN, Senator BROWN from than 25,000 pension fund beneficiaries the Senator from West Virginia. Ohio, and Senator WARNER from Vir- live in the State of West Virginia, and I don’t think there is a Member of ginia. they received $200 million in benefits the Senate—I know at least on this This is important. This is really im- last year. If they didn’t spend that side of the aisle—who has not heard at portant. I could say I look around the money in their community supporting least a half dozen times about the room, and it is important to us, but it businesses and other jobs in our coal- promises Harry Truman made to the is important even more granularly to field communities—if you subtract miners in 1946 and how it is our obliga- some other folks who are right here those funds out of the community, you tion to keep that word and to keep watching what we are doing. would have a significant economic that promise. Many of us have worked together blow. The Senator from West Virginia has previously in order to save retiree We have a solution that will prevent indicated why this is timely. Again, it health benefits for 22,000 retired miners the insolvency of the pension fund and is because we have the challenges in 2017, following the bankruptcies of protect our retired miners, their fami- around the pension fund. We have other Patriot, Alpha, and Walter Resources. lies, and their communities. We should challenges, but we have a crisis right Today we are back together to advo- pass legislation that expands the use of now. cate for another over 1,000 retirees and the same transfer of payments used to We talked about Westmoreland—the beneficiaries whose healthcare is im- support retiree healthcare to make the Westmoreland bankruptcy, 1,200 min- pacted by the Westmoreland Coal pension fund solvent. I have supported ers, 500 of those live in Virginia. If we bankruptcy, as Senator MANCHIN de- various forms of that kind of legisla- can’t get a solution on this deal right scribed. tion over the years, but as we come now on the American Miners Act, then It is also critical that we redouble closer to the time—2022—when the pen- a lot of those miners and their families our efforts to find a solution to the 1974 sion fund will become insolvent, we are going to go bankrupt because their UMWA Pension Fund. If we do noth- must redouble our efforts. That is why day of reckoning is already upon us. ing—if we do nothing, which I don’t be- I appreciate Senator MANCHIN’s advo- I want to echo what the Senator from lieve is an option—this pension fund, cacy. I appreciate his sense of urgency, West Virginia said to urge the majority which provides 83,000 current bene- and I share that. leader and, for that matter, the minor- ficiaries with their pensions, will be in- At the same time, our West Virginia ity leader that there is a way—if we do solvent by 2022. That is getting close, representatives, along with representa- the rational, sensible thing and not and insolvency can come even sooner, tives from the States—DAVID MCKIN- shut down the government on Friday, depending on market conditions. LEY, ALEX MOONEY, and CAROL MIL- we ought to take advantage of making LER—are leading a bipartisan effort in So combined with the 20,000 people sure the American Miners Act is part the House to fix this problem as well. who have a vested right to future bene- of that provision. I can think of noth- fits, more than 100,000 people are cov- I will keep fighting alongside all of you and all of them and others I see ing better, as we go into the work pe- ered by this pension plan. As Senator until we enact a solution that keeps riod, than to try to give miners some MANCHIN said, these are hard-working the promise of our hard-working coal certainty. people who were promised and who, in Let me just mention one other item miners. the course of their working lives, gave Thank you. that the American Miners Act had, and up something so they could have a bet- I yield back. that is the strengthening of the Black ter peace of mind later on. They Mr. MANCHIN. Madam President, at Lung Disability Trust Fund. This is worked hard day in and day out. They this time, I would like for the former also an issue that, if we don’t get it re- powered our communities and indus- Governor of the Commonwealth of Vir- solved, the amount of contributions tries and helped our country achieve ginia and the senior Senator from Vir- that go into that trust fund will drop greatness, even in the toughest times, ginia to please have the floor. in half. and they did that with the promise of The PRESIDING OFFICER. The Sen- I don’t think many folks realize—and healthcare and a pension that would ator from Virginia. I think this is particularly the case in allow them to live with dignity in re- Mr. WARNER. First of all, Madam West Virginia and Southwest Vir- tirement. President, I want to thank my col- ginia—black lung is still a real, enor- We are not talking about lavish pen- league from West Virginia, Senator mous medical challenge. As a matter of sions. I think this is an important CAPITO, for her comments. I know fact, we have now seen growth in large point. The average benefit paid by this shortly we are going to hear from the populations in my State, and I know in fund is $560 per month. These retirees Senator from Pennsylvania. We heard West Virginia, as well, of advanced are not getting rich on their pension from the Senator from Ohio. black lung cases called complicated plans, and they are not taking lavish This is sometimes hard for me to say black lung, which has an even more expenditures, but without this monthly as a former Governor of Virginia to a devastating effect. benefit, many of them would be living former Governor of West Virginia, but If this trust fund is cut in half, based on the edge of poverty, if they are not I want particularly those who are fol- upon legislation that took place at the already. lowing this issue to know that no one end of calendar year 2018, the ability of One miner from Logan, WV, who in this body has fought for miners the trust fund to meet the needs of worked in the mines for 36 years wrote: harder, longer, more passionately, these miners and their families, who Please keep fighting for our pension. I re- more consistently than JOE MANCHIN. are still hard hit by a debilitating dis- ceive $303.34 monthly. We need this badly to It was only through his repeated ef- ease—we are not going to be able to help pay for food, medicine, and other bills. forts—and this man is like a dog with give them, again, the high-quality care Another retired miner from a bone in his mouth who will not let it they deserve. It is way past time to fix Richwood, WV, who worked in the go. At times he is stiff in the spine this problem. Let’s take that step. mines for 17 years, wrote that his with folks on this side of the aisle We have one of these large pieces of monthly check of $192 ‘‘is not a lot of when they wanted to say: Well, maybe legislation, hopefully, that the Presi- money, but it means a lot,’’ and on top no. We ought to move to something dent will not decide to veto, that we of that, he earned it. It helps him make else. He has come back and back and will get through. Wouldn’t it be—I ask his ends meet. back again. the Senator from West Virginia this

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.042 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1311 before I cede to the Senator from Penn- men and women, especially coal min- ple who supported you, and I know you sylvania, but sometimes, with these ers. Stephen Crane, the great novelist, support them, and this is the way you giant bills, strange things pop out at wrote an essay in the early 1900s—actu- can show it. the end of the day, and you kind of ally late 1800s—about all of the dangers They are only asking for what they wonder how they got in. Wouldn’t it be in a coal mine and all of the ways a worked for. It does not cost the govern- great if, on this mini giant bill, one of miner could die. He described the mine ment one penny of debt—not one penny the things that popped out might be as a place of ‘‘inscrutable darkness’’ of debt for the taxpayers. We have pay- the promised relief for our miners in and ‘‘a soundless place of tangible lone- fors. It has been bipartisan. It came terms of healthcare and their pensions? liness.’’ That is how he described the out of the Finance Committee in a bi- This is something I believe, we, as a work of the coal miner. partisan movement under the leader- country, owe to the miners—back, yes, I know we made progress in the in- ship of Senator HATCH. I am very grate- to President Truman’s promise in 1946. tervening generation since then, but ful for that. I stand with all of my colleagues on that work has always been difficult. It You will see the miners going this issue. I particularly thank, again, has always been dark and dangerous, around; they make an effort every my friend the Senator from West Vir- but the people who did it kept their week, faithfully, to come here. There ginia for his great leadership and his promise. They kept their promise to are real faces, real people, real families willingness to stand tall time and their employer to work every day and who are involved and affected by our again. Let’s see if we can get it done kept their promise to their family. inaction. We are asking for your help, this time. Many of them kept their promise to Mr. President. With that, Madam President, I yield their country when they served in I yield the floor, respectfully. The PRESIDING OFFICER. The Sen- to the Senator from West Virginia. World War II or Korea or Vietnam or ator from Nebraska. Mr. MANCHIN. Madam President, I any conflict after that, even up to the thank, first of all, the Senator from present day—but especially those who MAINTAINING AIR FORCE STRENGTH Mrs. FISCHER. Madam President, I Virginia for fighting for his coal min- were serving in those years. ers in Southwest Virginia. The only question is whether this rise today to support the Air Force’s They have been out there fighting in government and all of us here—and plan to expand the 386 operational Westmoreland, and we have 1,200 min- both parties are on the hook here— squadrons. Since the earliest days of flight, the ers about ready to lose everything that whether we are going to keep our United States has been an aviation we had to fight for to gain. They are promise along with this administration leader. From the time of the U.S. Army going to lose their pensions. They are and any future administration. It is as Air Corps through today’s modern U.S. going to lose, also, the healthcare. We simple as that. Air Force, our Nation has always been have to get them in the bill. We have We have some work to do here to at the forefront of air combat. to get our trust fund on the black lung make sure that promise is fulfilled. From air-to-air combat to aerial re- restored. These families, these miners have al- fueling, to the intelligence, surveil- Mr. WARNER. Right, all we have to ready kept their promise. They are lance, and reconnaissance conducted by try to do with the trust fund is to get done. This isn’t something extra we are the planes of Nebraska’s own 55th it back to the status quo. giving them. Wing, the U.S. Air Force is renowned Mr. MANCHIN. I am going to make All we are doing is our part. We are as the dominant force in the sky. one more plea to the President. I will obligated here, and I am grateful that Recent developments have put that do that after my good friend and senior the senior Senator from West Virginia advantage at risk. Around the world, Senator from Pennsylvania speaks and others have worked together to nations are rapidly modernizing their about his miners, whom he supports. make sure that this issue is front and capabilities by investing millions in The PRESIDING OFFICER. The Sen- center, even as we are dealing with a their air forces and air defenses, ator from Pennsylvania. range of other issues. threatening our ability to claim and Mr. CASEY. Madam President, I I yield the floor. maintain air superiority. thank the senior Senator from West Mr. MANCHIN. Madam President, I Rapid advances in anti-access/area- Virginia for his time today, but, more will wrap up now, and I want to, first of denial technology and a coordinated, importantly, as the Senator from Vir- all, thank the Senator from Pennsyl- calibrated effort by nations like China ginia, Mr. WARNER, said, Senator vania and the Senators from West Vir- and Russia pose a significant threat to MANCHIN has fought harder than any- ginia and Ohio for speaking so elo- our ability to operate in contested air- one in this Chamber on behalf of men quently for the people who have space. and women, whether they are coal min- worked so hard for our country. For decades, we have been accus- ers or their families or their spouses. This has been a bipartisan move- tomed to flying unconstrained, fighting This is a very simple debate. It is not ment. This has been bipartisan. I thank adversaries on the ground that lack a debate about some far-off, complex all of my Republican colleagues for modern technology and the ability to issue. This is about a promise—a prom- supporting the hard-working people seriously threaten our freedom to con- ise that was made to coal miners and they all had in their States. We all ben- duct aerial missions. their families in the 1940s. efited from the energy they produced The face of 21st century warfare is The only question—a real simple for our great country, to defend our- changing. Competitors are rapidly clos- question—is that we are either going to selves in two wars. We had the greatest ing the gap, and while our Air Force re- keep the promise or not. It is as simple economy—the only superpower in the mains the most professional and effec- as that. Both parties, both Houses, and world—because of what they have done tive air combat force in the world, the administration—this is not com- every day and the sacrifices they have these nations are pouring hundreds of plicated. We made substantial progress, made for us. millions of dollars into matching and but it took far too long, and there are Mr. President, if you are watching, if exceeding our capability. some people in this Chamber who have you get a copy of this tape, I am plead- We have a choice. If we fail to react, been blocking it for far too long on ing with you. I am pleading with you, we risk falling behind and losing the healthcare. We got that done. That is Mr. President, on behalf of 87,000 retir- air dominance that has been essential the good news. ees: Please help us. One phone call to U.S. national security for decades. The bad news is, the pension issue is from you to Majority Leader MCCON- We cannot sit back and accept that still unresolved. There is still a lot of NELL to support and adopt the Amer- possibility. suffering, a lot of uncertainty, a lot of ican Miners Act of 2019, which is S. 27— We must meet this challenge head- trauma because two branches of gov- ask him to take this up immediately. on. The United States must adapt, in- ernment haven’t done enough for these We can put it on the bill that we are vest, and show the world that we will families. about ready to open to keep the gov- never cede control of the skies to our I come from a State where large por- ernment open or he can take imme- enemies. tions of our State were dependent upon diate action. But, Mr. President, you Recently, the Air Force conducted a the sweat and the blood of working can make a difference. These are peo- rigorous analysis of future air combat

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.044 S13FEPT1 S1312 CONGRESSIONAL RECORD — SENATE February 13, 2019 scenarios that we could face in the national defense strategy, this is the and others, made by the Department of coming decades. Utilizing over 2,000 kind of analysis and planning that has Justice during the current administra- simulations based on the latest intel- to happen, and it must be followed by tion. However, one area where I strong- ligence to assess force performance action from Congress. ly agreed with Attorney General Ses- against strategic competitors, the Air That is why I urge my colleagues in sions was his decision to recuse himself Force produced a model of the require- the Senate to join me in supporting a from the special counsel’s investiga- ments necessary to fulfill the goals of robust defense budget and investing in tion into Russian interference in our the national defense strategy. the enhanced capability the Air Force 2016 elections. This analysis found that we will need needs to continue its mission of pro- One of my core values is to figure out an array of advanced capabilities to tecting the American people. what is the right thing to do and to try counter ongoing and robust military At this critical juncture in the Na- to do it—not what is politically expe- modernization by our competitors. The tion’s history and amid a fundamental dient, not what is easy but what is the assessment determined that we must shift in the type of threats we face, right thing to do. After it became clear focus our own modernization around now is not the time to let partisanship that then-Senator Sessions provided several key areas to ensure our contin- get in the way of what must be done to testimony to the Senate Judiciary ued ability to defend the homeland and continue supporting our airmen and Committee that called into question to defeat strategic threats. maintainers. Let’s work together so his impartiality on matters relating to Perhaps most critically, this anal- that we can build the Air Force that we Russia and the 2016 election, Attorney ysis, which the Air Force calls ‘‘the Air need so that, above all else, the world General Sessions recused himself from Force We Need,’’ has determined that knows that the U.S. Air Force will all matters related to the 2016 Presi- to be effective in achieving these goals, never allow any adversary to dictate dential election. That was the right we must grow the Air Force to 386 how, when, and where we fly. thing to do. It certainly wasn’t what operational squadrons. Thank you. our President wanted him to do. The Given the growing threats we face, I yield the floor. President has said as much repeatedly. the Air Force will play a key role in I suggest the absence of a quorum. I should say that, maybe, he has any future conflict. That is why I be- The PRESIDING OFFICER. The tweeted as much repeatedly. lieve it is imperative that we act on clerk will call the roll. The President repeatedly admonished this analysis and align the necessary The senior assistant legislative clerk Attorney General Sessions for doing resources to bridge the gap between the proceeded to call the roll. what I think many of us believe was Air Force we have and the Air Force Mr. CARPER. Mr. President, I ask the right thing to do. Here is what the we need and reach that goal of 386 unanimous consent that the order for President tweeted on June 5, 2018: the quorum call be rescinded squadrons. The Russian Witch Hunt Hoax continues, The need to grow the Air Force is not The PRESIDING OFFICER (Mr. all because Jeff Sessions didn’t tell me he some arbitrary desire for more planes. CRAMER). Without objection, it is so or- was going to recuse himself . . . I would have The reality is that, even today, our Air dered. quickly picked someone else. So much time Force is too small, and it is stretched NOMINATION OF WILLIAM BARR and money wasted, so many lives ruined . . . too thin to properly execute all of its Mr. CARPER. Mr. President, I rise and Sessions knew better than most that missions. this afternoon to speak regarding the there was No Collusion! Right now, the Air Force has 39 per- nomination of William Barr to serve as Let me be clear, Special Counsel cent fewer aircraft and 58 percent fewer the next Attorney General of our coun- Robert Mueller’s investigation is not a combat-coded fighter squadrons than it try. witch hunt. It is, in fact, the unani- did during Operation Desert Storm, First, I want to take a few minutes mous opinion of the U.S. intelligence and it is struggling to maintain a rap- to reflect on the circumstances sur- Agencies and law enforcement commu- idly aging fleet. All the while, Russia rounding this vacancy. I believe that nity that Russia attacked our democ- and China continue to invest hundreds every Member of this Chamber should racy and interfered in our 2016 elec- of millions of dollars into new tech- use this occasion to decide, ultimately, tions. nology and equipment that is designed whether we believe Mr. Barr will be the As a result of the special counsel’s to seize control of the sky. Attorney General for all Americans or ongoing investigation, 34 individuals That is why it is imperative that we whether Mr. Barr will be the Attorney and 3 companies have been indicted or act to provide the resources necessary General, really, for one American. pled guilty to a range of crimes. This to grow to 386 operational squadrons. When President-elect Trump selected includes the Trump campaign manager, We simply cannot face these challenges then-Senator Jeff Sessions, our col- the Trump deputy campaign manager, with one of the smallest Air Forces we league from Alabama, to serve as At- Mr. Trump’s National Security Advi- have ever had. That is a recipe for dis- torney General for this country, it sor, and, most recently, President aster. It is a recipe for defeat. brought me no joy to vote against our Trump’s longtime political advisor. Instead, we must rebuild the fleet. long-time colleague and friend. The Special Counsel Mueller is a lifelong We must increase flying hours, improve truth was, though, that our views too Republican who served with distinction training, add pilots and maintainers, often diverged on too many important in the Vietnam war. I think I am the and retain the best airmen we have. We issues that included immigration, last Member of this body who served in have to act now, without delay. healthcare, civil rights, voting rights, the Vietnam war, but he served there While the ‘‘Air Force We Need’’ adds LGBT rights, environmental protec- with real distinction. He served with significantly to the physical capability tion, and more. distinction as our FBI Director fol- of our Air Force, it is about more than After considerable prayer and reflec- lowing the September 11 attacks. He is simply adding equipment to the flight tion, I reached the conclusion that not conducting a partisan witch hunt. line. This plan will also modernize the Senator Sessions would not be an At- He and the team he leads are striving way we fight. With an increased focus torney General for all Americans. to find out the truth and, in doing so, on ‘‘jointness’’ and integration with Unfortunately, during his tenure at help us prevent future attacks on our advanced technology like unmanned the Department of Justice, he went on democracy. systems and artificial intelligence, we to preside over a number of divisive I believe we should be doing every- can continue adapting to stay ahead of policies and decisions, including the thing in our power to allow Special our enemies, all of whom have spent Muslim ban, overturning protections Counsel Mueller and his team to con- years watching and learning from us in for Dreamers and asylum seekers, en- duct and complete this investigation the field. acting a cruel policy of family separa- free from political interference and As a senior member of the Senate tion at our southern border, and failing partisan games. Armed Services Committee, I commend to defend the constitutionality of the During the years I was privileged to the Air Force for putting forward a Affordable Care Act in court. serve as chairman of the Homeland Se- bold vision for the future. I believe if I have not been shy about expressing curity Committee, Bob Mueller was the we truly are to execute the goals of the my disagreement with these decisions, head of the FBI. I had a chance to work

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.046 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1313 with him and to get to know him. My ing normal times, I might be inclined commit to making the special coun- wife and I know his wife. He is among to support Mr. Barr’s nomination. In sel’s final report public. the finest people I have ever known in fact, I probably would. Earlier, I asked for us to consider the military, outside of the military, in But these are not normal times. whether Mr. Barr will be the Attorney government service, and outside of gov- These are extraordinary times. In addi- General for all Americans or whether ernment service. tion to firing the Attorney General and Mr. Barr will be the Attorney General Unfortunately, President Trump does the FBI Director for their views on the for one American. That one American not view political independence as a Russia inquiry, President Trump has happens to go by another name, Indi- prerequisite for the job of Attorney reportedly asked those around him why vidual 1, which is the legal moniker General. Instead, he tends to view po- he didn’t have an Attorney General given to President Trump in the South- litical independence as a disloyal act, who is looking out for his personal in- ern District of New York for directing an offense for which one should be terests. According to reports, the his personal attorney to violate Fed- fired. Just ask former Acting Attorney President has said, ‘‘Where’s my Roy eral campaign finance law. General Sally Yates. Just ask former Cohn?’’ during moments of crisis. For Like Mr. Whitaker’s public com- FBI Director Comey, whom I also came those who may not know Roy Cohn, he ments prior to his elevation to Acting to know well during the time I served was President Trump’s personal lawyer Attorney General, I fear that Mr. on the Homeland Security Committee, and fixer, who pushed legal tactics to Barr’s memo may have been an audi- including as its chairman. Just ask the limits and also served with Senator tion for the job and that his selection former Attorney General Sessions. Joe McCarthy during a very dark pe- may not have been a coincidence. Dur- Recall with me, if you will, after the riod in our Nation’s history and a very ing his Senate hearing in 1989, Mr. Barr November election, President Trump dark period in this Senate’s history. plainly stated that the Attorney Gen- fired Attorney General Sessions and This is how President Trump views eral ‘‘is the President’s lawyer.’’ named the Attorney General’s Chief of the role of Attorney General—not as a Colleagues, these are extraordinary Staff, Matt Whitaker, as Acting Attor- lawyer to defend the rights of all times for our Nation. We must make it ney General. This was a curious deci- Americans but as a fixer who will look clear to the American people that the sion, as well as a legally questionable out for him. Moreover, in his State of Attorney General is not the President’s decision. Why would the President go the Union address last week, President lawyer. We need independence at the outside the line of succession at the Trump highlighted what he sees as ‘‘ri- Department of Justice now more than Department of Justice? I fear it is be- diculous, partisan investigations.’’ He ever. While I hope I am wrong—very cause of Mr. Whitaker’s public com- went on to say: ‘‘If there is going to be wrong—it is my belief that Trump used this appointment as an opportunity to ments regarding the Mueller investiga- peace and legislation, there cannot be protect himself rather than to protect tion. war and investigations.’’ Mr. Whitaker previously likened the It is against this extraordinary back- the constitutional rights of all Ameri- special counsel’s investigation to a drop that we must ask ourselves: What cans. Ultimately, for all of these reasons I ‘‘fishing expedition,’’ and a ‘‘witch are Mr. Barr’s views on Presidential have laid out, I have concluded that de- hunt’’ and implied that following the power, and what are his views on the spite his earlier service to our Nation— truth ‘‘could be damaging to the Presi- investigation led by Robert Mueller? distinguished service in many in- As it turns out, we don’t have to dent of the United States and his fam- stances—Mr. Barr does not, in this in- guess what the answer is to that ques- ily—and by extension, to our country.’’ stance, meet the standard that is nec- Really? Could he have been serious in tion. In an unsolicited 19-page memo essary to be the Attorney General for saying that getting to the bottom of that Mr. Barr sent to Deputy Attorney our country now. all this could be damaging to the Presi- General Rod Rosenstein and President Sadly, on that note, I yield the floor. dent of the United States and his fam- Trump’s personal lawyers, Mr. Barr The PRESIDING OFFICER. The Sen- ily and, by extension, to our country? shares his views, and they are clearly ator from Oklahoma. Another President, a long time ago, hostile to the special counsel’s inves- Mr. LANKFORD. Mr. President, in Thomas Jefferson, used to say these tigation. the next 24 hours, the Senate will do words: If the people know the truth, In a memo entitled ‘‘Mueller’s Ob- what it should do, which is to actually they won’t make a mistake. struction Theory,’’ Mr. Barr raises go through the process of advice and Those are hardly the views of our doubt about the special counsel’s abil- consent with a nominee—this time, for current President. It saddens me to say ity to follow the truth while going on an Attorney General—William Barr. that. to defend President Trump’s actions William Barr is eminently qualified. Despite publicly expressing these and even suggesting that the President It has been interesting to hear my col- views that clearly call into question has the power to limit the scope of this leagues on the other side of the aisle his impartiality, Mr. Whitaker did not inquiry. talk all day long today about how recuse himself from the Mueller inves- In that same memo, Mr. Barr states qualified William Barr is but then al- tigation when he assumed of the role of that the special counsel’s investigation ways pause with a ‘‘but’’ and take off Acting Attorney General, even though into obstruction of justice may do on the Mueller investigation. he received a recommendation to ‘‘lasting damage to the presidency.’’ Let me explain what this means by recuse himself from ethics officials at I believe that reasonable people can ‘‘eminently qualified.’’ He has had an the Department of Justice. disagree, as I frequently did with my exceptionally impressive legal career. Mr. Whitaker’s staggering unfitness friend, former Senator, and then-Attor- He serves in one of the top U.S. firms. for the job is a big part of the reason ney General, Jeff Sessions. He began his legal career decades ago why my initial reaction was positive It is clear to me, however, that de- as, actually, an analyst and as legisla- when President Trump nominated Wil- spite whatever your views may be to- tive counsel for the CIA. He worked on liam Barr to be our Attorney General. ward the special counsel’s investiga- domestic policy for Ronald Reagan. He After all, Mr. Barr previously served as tion, the views expressed in his memo served as the Deputy Attorney General Deputy Attorney General and Attorney not only warrant Mr. Barr’s recusal from 1990 to 1991, and then he served as General during the administration of from the special counsel’s investiga- the Attorney General of the United George Herbert Walker Bush, someone tion, but they cry out for it. States for George Herbert Walker Bush I revered. I think many of us revered Attorney General Sessions did the from 1991 to 1993. him. right thing when confronted with a When he was appointed as the Attor- By all accounts, Mr. Barr is a well- similar decision. However, despite ex- ney General in 1991, his nomination qualified nominee, someone who has pressing these biased views from Presi- passed out of the Judiciary Committee been a fine public servant throughout dent Trump’s own personal lawyers, with a unanimous vote of 14 to 0. The many years of public service. I strongly Mr. Barr says he will not recuse him- Judiciary chairman at the time—a gen- believe that we need Senate-confirmed self from the special counsel’s inves- tleman named Joe Biden—called him a leadership at the Department of Jus- tigation if he is confirmed. To make fine Attorney General. He was over- tice. I want to make it clear that dur- matters worse, Mr. Barr refuses to whelmingly confirmed by the Senate in

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.048 S13FEPT1 S1314 CONGRESSIONAL RECORD — SENATE February 13, 2019 1991—a less partisan time. It was when which you should be advised. When you Yet the Mueller investigation’s task is Democrats and Republicans both are working with the President, here not to release some big, giant report; looked at his qualifications, not at a are the key features. its task is for them, as prosecutors, to political agenda. It seems like a kind thing to do for go through and recommend indict- We have a unique moment in which any President. He wrote the letter with ments. If they choose to write a report, to look at someone who was a good At- all of that information in it, and he that is up to them. Now, this Congress torney General for the United States, gave those details. Fine. could try to mandate that, but that is one who served faithfully but then had He has also said over and over again not their requirement. They are a spe- a season away from that, only to turn that he is not going to undercut the cial counsel. This is a group of attor- around and do it again. How many of us Mueller investigation. Yet some of my neys that is making recommendations. wouldn’t want to redo something we Democratic colleagues have said: No, it That is all it is. did years ago and say: I did it, and it has to be more than that. He has to Don’t judge an Attorney General went well, but if I were to have a little recuse himself like Jeff Sessions did. nominee based on some accusation more time and could do it over again, He has to recuse himself. If he doesn’t from some thought of what might hap- I would do things better. We have that recuse himself, he can’t be there. pen and what he might do. Judge him chance with William Barr. It is a May I remind you that the reason on what he actually says and what he unique moment for us as a nation to be Jeff Sessions had to recuse himself was has done. Hold him to that standard. able to bring somebody like that back that he was on the campaign team for I have also had some folks back in again. the President, and when he got into the my State say they have heard that Wil- What happened under his watch? position of Attorney General, the eth- liam Barr supports the possibility of During that time period, he believed ics team from the Department of Jus- some States having red flag laws on and still believes that the personal se- tice advised him: Hey, since you were the Second Amendment. Now, I spoke curity of the citizens of the United on the campaign team, you can’t be the to William Barr. He came to my office. States is the primary, first duty of the investigator for the campaign team. At We spent about 45 minutes together. government’s and of the U.S. Attorney that time, Attorney General Jeff Ses- We went through a whole litany of General’s. Despite what is being sions agreed and said that it would vio- questions and answers about his back- smeared about him on this floor over late ethics for a person on the team to ground and the issues he has dealt and over again—with people saying he help investigate the team, so he with, his passions, his dealings with is being hired to be the President’s per- recused himself. That was not William local law enforcement, his cooperation sonal attorney—for those who have ac- Barr. There is all of this talk that he with State prisons, consent decrees, re- tually met with him and talked with has to recuse himself like Jeff Sessions ligious liberty. We talked of drug trials him, he speaks openly about law en- did, but it is a completely different sit- and processing. We talked about the forcement in the United States. He uation. Why should he recuse himself? whole issue of gang violence—on and talks about working with local law en- Apparently, people don’t want the on and on—including the Second forcement and with U.S. attorneys to Mueller investigation to have any su- Amendment. He again reiterated he is supportive actually prosecute crime and go after pervision, which, again, I find fas- of the Second Amendment in every the issues that distract from American cinating politically because I dis- area. If someone loses his Second values and that keep the American tinctly remember, during the Clinton Amendment rights, it will only be people from living the American administration, that many of my based on due process, which is with a dream. Democratic colleagues who are still in court’s being involved. That has always During his tenure as Attorney Gen- this Chamber now were furious with been the standard for us as a country. eral, he spearheaded the initiative Ken Starr. They can’t believe Donald I have seen some of the things that Trump would say he is frustrated with called the Weed and Seed Program, have been written about him, one being the Mueller team, but they had no which removed violent drug offenders that he is not supportive of the Second problem with the Clinton White from the streets. Under Attorney Gen- Amendment. That is absolutely false, House’s literally saying: We are going eral Barr, in the 1990s, violent crime in and I can say those things based on my the United States went down because to go to war against Ken Starr. The personal conversation with him after they were aggressively prosecuting for term ‘‘witch hunt’’ is not new. The having asked him those questions. See crime. Clinton administration used that same not the things that have been written He is also the Attorney General who term against Ken Starr. This is a fas- about him but the things that he has supervised the enforcement and imple- cinating side-by-side to me, to be able actually written and said about the mentation of the Americans with Dis- to look at this. Second Amendment. He is a protector abilities Act. It was an incredibly dif- Here is what I would advise: Let the of our rights under the Constitution. It ficult legal process to have gone Mueller investigation finish its job. It is one of the things to which he has through and to have implemented na- has a job. Let it do its job. Quite frank- sworn under oath to protect as the pre- tionwide in order to have protected the ly, the Attorney General shouldn’t be vious Attorney General and would have rights of individuals who had been in the day-to-day operations of the to swear to again under oath. overlooked in our country for two cen- Mueller investigation. That is why we This is a simple thing for us. We are turies—those with disabilities. It was a have a special counsel. Yet, at some looking at a qualified nominee who has major feature of what he did during point, the special counsel has to turn an excellent background, the experi- that time period. information over to someone. William ence, and a passion to protect our He brings this unique, important per- Barr is not going to be the one writing country; who has shown a passion for spective from his dealings with law en- all of the information from the special law enforcement, protecting our Na- forcement, his background, his experi- counsel. He should neither have this in- tion, and reducing violent crime in our ence. All of those things look like they credibly high standard nor be held to country. I look forward to his stepping would make a slam dunk with which to some standard of doing something that in and taking the lead in the Depart- come to this floor and have wide, bipar- he is not going to do—try to interfere ment of Justice. tisan support except for this—that he in this process. He has made that very May I make a side note on this? is being used as a message in the clear. Again, this nomination reminds me of Mueller investigation. It is not that he He has also made it very clear ver- why it is so important that this Senate said: I am going to stop the Mueller in- bally, in committee settings, and in fix its nomination process. We have a vestigation. It is not that he said any- written statements that he is going to broken nomination process—period. thing else about that. He did write a 19- release whatever comes out, as under If you take the last six Presidents page letter as an attorney in the law the law, from the Mueller investiga- combined, when they were putting practice that is helping President tion. I think some people believe that their staffs together in their first 2 Trump get through this process. the Mueller investigation is going to years of office, it was 25 times that He wrote: Hey, as former Attorney release a big, giant written report like someone in the Senate asked for addi- General, here are all of the things of the Senate Intel Committee will do. tional time to debate that person. It

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.054 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1315 could be any one of 100. For the last six Chief Counsel. Not a controversial juncture when questions about illegal Presidents, it was a total of 25 times nominee—will probably pass unani- payments involving both the Trump that one person asked for additional mously or near unanimously. Just to campaign and the Trump inaugural time to debate. In this body, it was 25 prevent the IRS from having a counsel, committee and Russia’s interference in times that somebody said for the last they have been slowed down. our elections and its attempts to influ- six Presidents combined that we need a My proposal is simple. We can still ence millions of our friends and fami- little more time to debate this person. have postcloture debate. If anyone in lies must be fully explained to the pub- They asked for additional what is this body wanted to slow down any lic. called postcloture debate time. That is nominee, they could still do that. They We know this is an administration a full intervening day—24 hours—plus could request a full additional day, 24 that finds it so difficult to follow the an additional 30 hours after that just to hours, and then in the next day, in- law that it is being investigated in debate. That is fine. For highly con- stead of adding an additional 30 hours, multiple jurisdictions at the Federal troversial nominees, it is entirely ap- it would be just an additional 2 hours. level—all of which would be overseen propriate. So instead of getting a full day plus 30 by Mr. Barr. Yet, in the first 2 years of President hours, they would get a full day plus 2 Sadly, it has become abundantly Trump’s Presidency, that request has hours. That is still a lot of time. clear that Mr. Barr is incapable of been made 128 times—25 times for the Quite frankly, only 25 times in the being the impartial Attorney General last 6 Presidents combined versus 128 last six Presidents have there been any people in communities across our coun- times for this President. It is not be- requests for any additional time. So try need and deserve and someone who cause they have been all that con- that would still allow a long period of stands up to the President when he is troversial as nominees, although I am time, but it would expedite the process wrong. fully aware that President Trump has so at least we could go through this. Based on what I have seen over the nominated some folks who have cre- If we don’t fix this now, this will be- past 2 years and despite the critical ated heated debate on this floor, but it come the habit of the Senate from here time we are in, I don’t expect many of was certainly not 128 times. In fact, on out. When the next Democratic my Republican colleagues to join me many of the times after we had had President is elected, I can assure you on the floor today in order to defeat that postcloture intervening day, plus that we will have the same issue with this nomination. Although people another 30 hours, those people passed nominees that President Trump is hav- across the country have been raising either unanimously or with 90-plus ing because it only takes one Senator red flags on this nomination, my Re- votes. They were not controversial. It to say: No. I want a whole intervening publican colleagues have been busy was an attempt to shut down this Sen- day plus 30 hours for every one of your building the glidepath for Mr. Barr’s ate and shut down this President to nominees. nomination. In fact, just last week, the keep him from hiring his staff. That By the way, the President puts 1,200 majority leader, standing here on the has never happened before. There has people through the process of nomina- Senate floor, left little doubt about never been a time that the Senate has tion—1,200. So count the times that whether the majority would try to get tried to prevent an elected President will happen in the days ahead. this nomination sewn up. The leader from hiring his own team—until now. I know this is part of the ‘‘resist referred to Mr. Barr as a ‘‘tried and In May of 2017, I made a proposal to Trump’’ movement and to shut down true public servant’’ and a ‘‘proven pro- fix our postcloture vote debate time, the operation of his Presidency, but it fessional’’ who was applying for the seeing what would happen. I continued actually is going to shut down the op- same job he got in 1991 under President that conversation over and over again eration of every President from here on George H. W. Bush. The job descrip- with many of my Democratic col- out if we don’t fix this rule. tion, the majority leader said, ‘‘re- leagues. I am asking my Democratic col- mains exactly the same as it was years The last session, we brought in front leagues to look long, to not look right ago.’’ But that is the problem. Senate of the Rules Committee a proposal that in front of us, to look at the future of Republicans are still operating as was made by Harry Reid and then was where this is really headed and what is though it is the early 1990s, as if the passed under Harry Reid’s time and his really happening to this Senate. The world around them has not changed, as leadership in the Senate—that is, to precedent that is being set right now if what we have experienced for the limit postcloture debate time to on debate will be the standard in the past 2 years is normal. streamline that process. days ahead. Let’s fix it now so we can Well, on behalf of the American peo- I brought that exact same proposal get this resolved long term for the sake ple, I urge us all to wake up. For the back out and said: Republicans voted of our country and do this right. past 2 years, we have had a President with Democrats to make sure this I yield the floor. whose only consistent agenda items are process would work in 2013 and 2014. The PRESIDING OFFICER. The Sen- self-preservation and self-dealing, Now will Democrats vote with Repub- ator from Washington. whether that means flouting the law or licans on the exact same language? Mrs. MURRAY. Mr. President, I come disregarding ethics, acting with impu- And we will do this together to fix this to the floor this afternoon to express nity, violating norms and destroying process. my deep opposition to the nomination relationships with our allies, firing The Democrats gave me the Heisman of Mr. William Barr to be our Nation’s those who challenge him and bullying at that point and said: No. It was good next Attorney General. those he can’t, threatening jail time of you to vote with us, but we are not His nomination comes at a very try- for political opponents, or changing going to vote with you. ing time for our country. As our own Federal policy by tweet and based on That was all last session. President frequently twists the truth his current mood. I brought up another proposal that and constantly pushes the limits of the On top of all that, President Trump went through the Rules Committee law, the American people deserve to faces a number of investigations, in- today. It is a simple proposal. Histori- know that the Attorney General—the cluding serious questions about wheth- cally in this body, there hasn’t been a top law enforcement officer in the er he has obstructed justice in order to lot of postcloture debate time on nomi- country—is committed, above all else, make the special counsel’s investiga- nees, especially not on nominees like to seeking truth, defending their civil tion into Russia’s meddling in our elec- district court judges or Deputy Assist- and constitutional rights, admin- tions go away. That is the same special ant Secretaries of some entity. istering justice on their behalf, and counsel investigation that has already I met today with the person who will safeguarding our country against resulted in 34 indictments or guilty be the IRS counsel, the counsel of the threats to our democracy. pleas to date. Despite what the Presi- IRS, which I dare guess no one in this I wish Mr. Barr were the person who dent would like us to believe, that is room could name right now, and cer- could right the ship and stand up for far from a witch hunt. tainly most people in America the American people no matter what. I When President Trump’s first choice couldn’t, but they have been blocked wish he were the person who could help to be the next Attorney General is for a year, so the IRS does not have a guide our country through this critical someone with highly questionable

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.056 S13FEPT1 S1316 CONGRESSIONAL RECORD — SENATE February 13, 2019 views on Executive power, we have to THE GREEN NEW DEAL energy space, and it is the fossil fuel be on alert. Mr. WHITEHOUSE. Mr. President, I subsidy, but will the dear old Wall When that nominee, Mr. Barr, can’t came here this afternoon to give my Street Journal editorial page ever adequately explain why, out of the customary weekly climate speech urg- admit that? Not a chance. blue—out of the blue—he sent a memo ing that it is time to wake up here, and Mr. President, I ask unanimous con- to the White House in order to criticize I was planning to speak about a legal sent that the article be printed in the the special counsel investigation, ab- brief that a number of scientists, led by RECORD at the end of my remarks. solve the President of questions about Robert Brulle and Naomi Oreskes, filed That came out in the Wall Street obstruction of justice, and make a case in the Ninth Circuit detailing the long Journal that morning. Then Leader for less accountability with this Presi- history of the oil industry knowing MCCONNELL went out here to the Ohio dent, we ought to be on alert. about climate change, doing its own re- Clock for his midday press conference, When Mr. Barr writes that President search to confirm what it knows about and guess what he said: Trump has ‘‘complete authority to climate change, telling the public I’ve noted with great interest the Green start or stop a law enforcement pro- something they knew was false, and New Deal, and we’re going to be voting on ceeding,’’ we ought to be on alert. yet taking what they knew to be true that in the Senate. That’ll give everybody an Mr. Barr’s memo makes no sense un- and using it in their own internal plan- opportunity to go on record and see how they less it was an audition for this job, and ning. But something even better than feel about the Green New Deal. that is absolutely not how any Presi- that came up, so I come here to react I am in the habit of pointing out here dent should select an Attorney Gen- to the—well, for starters, the Wall how the string-pulling takes place and eral. Street Journal editorial calling for a how the fossil fuel industry directs cer- When we know that, if confirmed, vote on the Green New Deal. tain things and the mouthpieces say Mr. Barr would be in charge of the spe- Let’s go back a bit as to what the certain things and then we behave cer- cial counsel investigation and would Wall Street Journal editorial page has tain ways, but this may be the land decide what, if anything, the public been up to for the last, say, 20 years on speed record for a response. The Wall gets to know about the findings on climate change. Street Journal says it wants a congres- Russia’s 2016 election meddling, we The Wall Street Journal editorial sional vote, and that very day the vote ought to be on alert. page has been a mouthpiece for the fos- gets announced. It is almost funny, if Someone who has written such an ob- sil fuel industry’s climate denial. The the topic weren’t so serious. viously flawed analysis of the inves- messages of the fossil fuel industry are The whole idea that this is the Re- tigation should not be put in charge of echoed and amplified through the Wall publican response to climate change is overseeing the investigation. That is Street Journal editorial page. All the really classic. It is really classic. Since just common sense. the Citizens United decision, which People across this country sent us way up until 2011, if I recall correctly, powered up the fossil fuel industry to here to Congress not to shield the they were simply denying that this was have real bullying dominance in Con- President from the law but to help re- a problem. They constantly behave like gress—at least over the Republican store integrity and independence to the what I would call the one-eyed ac- Party—no Senator here today has been Federal Government and to provide a countant—looking only at the costs of on any bill to meaningfully reduce car- check on the Executive branch, as out- responding to climate change, never bon dioxide emissions. It is never a lined in the Constitution. And the idea the costs of climate change. On this subject, for those who may be topic. Nobody wants to talk about it. It that any Member of this Senate would is like the unwelcome, embarrassing support an Attorney General nominee interested, I would actually like to in- who has openly and unequivocally ad- corporate by reference two previous guest at the dinner party: Oh, my gosh. vocated for less accountability when it climate speeches I gave on this com- Climate change. No, we can’t possibly comes to President Trump—that is just pletely bogus effort that has been talk about that. Never mind that NASA—which, by wrong, and the American people will maintained by the Wall Street Journal not stand for it. editorial page. The first was my speech the way, RIP, Opportunity. The Oppor- So to any of my colleagues who plan of April 19, 2016, and then I went back tunity has been driving around on the to support this nomination, I have a at them again on July 24, 2018. They surface of Mars for 15 years, sending message: Seize this opportunity while have been making it up for a very long back information to us about that you can to make it very clear to Mr. time, and sure enough, up comes this planet. NASA scientists built that Barr and the Trump administration latest in which just yesterday, Feb- thing, sent it to Mars, landed it safely that you believe the American people ruary 12, they said: Let’s have a vote in on Mars, and has been driving it deserve to know for sure that the find- Congress on the Green New Deal as around for 15 years. My God, what a ings on Russia’s 2016 election meddling soon as possible. Then they went on project that was. What a brilliant will be made public in order to get with a lot of their usual one-eyed ac- thing. So when NASA scientists say, them the answers they deserve and countant stuff, never looking at the ‘‘Oh, and by the way, climate change is that any attempt to cover up or hinder costs of climate change, only looking serious. You ought to listen,’’ and we or otherwise muddy the waters around at the costs of preventing those harms, don’t, that behavior is hard to explain. the Mueller investigation would be a and they concluded: ‘‘Let’s not hesi- When we are listening to the flacks of serious disservice to the people we rep- tate. Take the Green New Deal resolu- the fossil fuel industry and not the sci- resent and will only lead to the further tion and put it to a vote forthwith.’’ entists of NASA—and, by the way, 13 or erosion of trust in our institution and Along the way, they went into some 14 Federal Agencies in the latest report our ability to work on their behalf. of their usual canards about renew- that came out under the Trump admin- The President is not above the law— ables, saying that ‘‘solar costs remain istration—we are way past there being not in the White House, not in New about 20 percent higher than natural any serious factual or scientific dispute York, not anywhere. So Mr. Barr may gas while offshore wind is two-thirds here. There are just political demands be the Attorney General this President more expensive’’ without subsidies— by the industry with the biggest con- wants—someone to shield him from se- well, unless you look at the subsidy for flict of interest ever that we can’t rious questions about abuse of power, fossil fuel, which of course they don’t, bring this up. someone who believes the President and the subsidy for fossil fuel has been For pretty much 10 years, since Citi- should be able to do more or less what- quantified by the International Mone- zens United, nobody has brought up a ever he or she wants—but Mr. Barr is tary Fund at $700 billion per year—$700 serious piece of legislation to limit car- certainly not, in my opinion, the At- billion per year in the United States— bon dioxide emissions on the Repub- torney General this country needs, propping up the fossil fuel industry. By lican side. Not one. Zero. Now, the ma- which is someone who will stand up for contrast, the little tiny tax adjust- jority leader is going to break this the rights of everyone else. ments that we get for solar and wind, streak and bring up the first carbon-re- I yield the floor. which the fossil fuel industry is always lated bill. It is actually not a real bill. The PRESIDING OFFICER. The Sen- pushing back against, are nothing. It is a resolution, but he is going to ator from Rhode Island. There is a monster of a subsidy in the bring it up with the intention of voting

VerDate Sep 11 2014 02:14 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.051 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1317 against it. I kid you not. The majority gas emissions from manufacturing and trans- Mr. WHITEHOUSE. With that, I yield leader has announced the intention of portation to the extent these goals are the floor. bringing up a resolution with the in- ‘‘technologically feasible.’’ Hint: They’re I suggest the absence of a quorum. not. The PRESIDING OFFICER. The tention of voting against it. Who does The plan also calls for ‘‘upgrading all ex- that and why? Who had that brain- isting buildings in the United States and clerk will call the roll. storm and where? building new buildings to achieve maximal The bill clerk proceeded to call the We will never understand this until energy efficiency, water efficiency, safety, roll. we understand better how the anony- affordability, comfort and durability, includ- Mr. MORAN. Mr. President, I ask mous dark money stuff flows around ing through electrification.’’ That’s all exist- unanimous consent that the order for Washington. We need to clean that up. ing buildings, comrade. the quorum call be rescinded. Millions of jobs would have to be destroyed The PRESIDING OFFICER. Without We need to pass the DISCLOSE Act. We en route to this brave new green world, but need to make sure people know who is objection, it is so ordered. not to worry. The resolution says the gov- Mr. MORAN. Mr. President, I also behind spending, who is behind adver- ernment would also guarantee ‘‘a job with a tising. We have to do all of that, but in family-sustaining wage, adequate family and ask unanimous consent that I be able the meantime, you do get these amaz- medical leave, paid vacations, and retire- to address the Senate as if in morning ing moments in which the Wall Street ment security to all people of the United business. The PRESIDING OFFICER. Without Journal says—the editorial page, by States.’’ Good that they’re starting small. Sorry to mention unhappy reality, but re- objection, it is so ordered. the way. I think their correspondents, newable sources currently make up only 17% their reporters, are totally legitimate, PRESIDENT RONALD REAGAN AND ALZHEIMER’S of U.S. electric-power generation despite Mr. MORAN. Mr. President, I wish to and they do terrific work. It is the edi- enormous federal and state subsidies. Wind torial page that is the problem child and solar energy have become more competi- speak this afternoon in recognition of here. tive over the last decade as costs have our late President, Ronald Reagan. I So the Wall Street Journal editorial plunged. But without subsidies, solar costs want to speak also about his wife page says we need to have a vote on the remain about 20% higher than natural gas Nancy, and I want to highlight their while offshore wind is two-thirds more ex- Green New Deal. It takes less than a honest and passionate work to educate pensive. The bigger problem is solar and Americans about the real effects of day for the majority leader to say we wind don’t provide reliable power, so backup are going to have a vote on the Green Alzheimer’s. plants that burn fossil fuels are required to Last Wednesday, February 6, would New Deal, and he is calling up the first run on stand-by. piece of climate legislation they have Germany has been gracious enough to show have been President Reagan’s 108th ever called up in the majority here, and what can go wrong. Despite aggressive emis- birthday, and we paused then to reflect they are calling it up to vote against sions goals, Germany’s carbon emissions not only on the life and legacy of Presi- have been flat for most of the last decade as dent Ronald Reagan, but we also re- it. the country had to fall back on coal to bal- Isn’t it finally time to have a real member the way he carried himself, ance off-shore wind generation. Last year the vision he set for our country, and conversation about this? Isn’t it finally Germany derived 29% of its power from wind time for there to be a Republican pro- and solar, but 38% from coal. the direction he steered our Nation. Years after he left the White House, posal? It has been nearly 10 years since Meantime, taxes and rising power-genera- the President and Nancy Reagan con- Citizens United. I get it. The fossil fuel tion costs have made Germany’s electric rates the highest in Europe, slamming small tinued their public service to our Na- industry has enormous sway, but there manufacturers and consumers. tion with grace and class, and that was comes a time when you even have to ‘‘The drag on competitiveness is particu- true even as President Reagan was di- tell the biggest influencers in Congress larly severe for small and middle-sized agnosed with Alzheimer’s disease. that your day is over. It is time for us firms,’’ Eric Schweitzer, President of Ger- In November of 1994, President to treat with the facts and to work in many’s Chambers of Commerce, told Reagan wrote a handwritten letter to a bipartisan fashion and to do what the Bloomberg News last year. German manufac- Americans announcing this diagnosis people sent us here to do, which is to turing has become less competitive due to soaring energy costs. Electric and natural that ultimately took his life. legislate. gas prices in Germany are two to three times I read lots of biographies, I read lots So where is the Republican proposal? higher than in the U.S. of history, and this past week I fin- Where is the Republican plan? There By contrast, the U.S. is having a modest ished a book, ‘‘Reagan: An American isn’t one. Nothing. Nada. Zip. Nihil. manufacturing renaissance as shale drilling Journey,’’ written by Bob Spitz. The Nitchevo. They are going to call this has created a cheap source of lower-carbon energy. Natural-gas prices have plunged by story of his circumstance with Alz- up. They are going to call this up for a heimer’s captured my attention. vote. I can hardly wait for this discus- half over the last decade as production has increased 50%, mostly in the Marcellus and The book quotes President Reagan sion. Bring it on, please. Utica formations in Pennsylvania, Ohio and telling his daughter, Patti: ‘‘I have this There being no objection, the mate- West Virginia. Carbon emissions from power condition . . . I keep forgetting rial was ordered to be printed in the generation have fallen by 30% since 2005, things.’’ RECORD, as follows: mostly due to the substitution of coal with The doctors finally put a name to it. On natural gas. [From the Wall Street Journal, Feb. 11, 2019] November 4, 1994, a doctor from the Mayo Meantime, oil production in Texas’s Per- VOTE ON THE GREEN NEW DEAL Clinic informed Nancy Reagan that, having mian and North Dakota’s Bakken shale de- had an adequate chance to observe the presi- (By The Editorial Board) posits has soared 80%. Demand for drills, dent, the diagnosis was conclusive: he had Every Member of Congress should step up pipelines and other mining equipment has Alzheimer’s. and be counted. also boosted U.S. growth. Democrats rolled out their Green New Deal The Green New Deal means that all of this According to Fred Ryan, a staff last week, and by all means let’s have a na- carbon energy and all of these jobs would member for the President and Mrs. tional debate and then a vote in Congress— have to be purged—at least in the U.S. China Reagan, ‘‘She was quite upset, emo- as soon as possible. Here in one package is would suffer no such limits on its fossil-fuel tional.’’ She spoke at length later that what the political left really means when it production. Conservatives have long sus- evening: ‘‘So we’re going to tell him to- says Americans need to do something ur- pected that progressives want to use climate gently about climate change, so let’s see who change to justify a government takeover of morrow,’’ she said, ‘‘and I’d like you to has the courage of those convictions. the free-market economy, but we never be there.’’ Thanks to the resolution introduced last thought they’d be this candid about it. The next morning, a Saturday, they gath- week by New York Rep. Alexandria Ocasio- Yet, remarkably, the Green New Deal has ered in the library, a small, comfortable Cortez and Massachusetts Sen. Ed Markey, been met with hosannas from liberal interest room at the front of the house where the there’s already official language. While it’s groups and in Congress. It already has 67 co- Reagans typically received guests. The presi- nonbinding, the 14 pages give a clear sense of sponsors in the House and the support of 11 dent seemed puzzled when the doctor and direction and magnitude in calling for a ‘‘10- Democrats in the Senate including presi- Ryan arrived. ‘‘Honey, come over here and year national mobilization’’ to exorcise car- dential candidates Kamala Harris, Cory sit down,’’ Nancy said, directing him to a bon from the U.S. economy. Booker, Elizabeth Warren and Amy Klo- couch opposite the two men. ‘‘The doctor has President Obama’s Clean Power Plan looks buchar. something he wants to talk about.’’ modest by comparison. The 10-year Green So let’s not hesitate. Take the Green New The doctor didn’t beat around the bush. New Deal calls for generating 100% of power Deal resolution and put it to a vote forth- ‘‘We think you have Alzheimer’s,’’ he told from renewables and removing greenhouse with on the House and Senate floor. Reagan.

VerDate Sep 11 2014 05:46 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.057 S13FEPT1 S1318 CONGRESSIONAL RECORD — SENATE February 13, 2019 ‘‘Okay,’’ he responded faintly. ‘‘What from Missouri, Senator BLUNT. I have from all walks of life, will be bold in should I expect?’’ advocated and successfully worked leveraging their life experiences to ‘‘We don’t know much about it,’’ the doc- with my colleague Senator BLUNT and achieve greatness for our Nation, just tor admitted. ‘‘It’s a degenerative disorder.’’ as President Reagan and Nancy Reagan He ran down a few of the effects that Alz- the members of the committee to pro- heimer’s patients experienced while Nancy vide $2.3 billion for Alzheimer’s disease did, deepening America’s resolve to Reagan struggled to control her emotions. research in FY 2019, finally reaching fight this terrible disease. She tried her utmost to be supportive, but the $2 billion funding goal for research I honor President Reagan and his was overcome hearing about the devasta- laid out by the National Plan to Ad- wife Nancy. I thank them for their tions of the disease. . . . He acknowledged, dress Alzheimer’s. service to our country, and I thank quite bluntly, ‘‘There is no cure.’’ I am the cochair of the Senate NIH them for their attention to this dis- ‘‘Can I ask a few questions?’’ Ryan inter- Caucus, and I am optimistic that these ease, Alzheimer’s. May we also have jected. funding increases, combined with NIH the courage and will to continue the While he and Nancy discussed how to han- battle to rid our country, its citizens, dle the president’s activities—his schedule, initiatives to map the human brain and office hours, appointments, and appear- further develop personalized medicine, and the world of this affliction. ances—Reagan wandered over to a small will, I hope, lead us closer to an Alz- I yield the floor. round table in a corner and sat down, staring heimer’s treatment and a cure. The PRESIDING OFFICER. The Sen- hypnotically into the yard. After a few min- Eleven years after President Rea- ator from Alaska. utes, he picked up a pen and began to write. gan’s death, Nancy Reagan continued RECOGNIZING ALASKA When he finished, he handed two sheets of her Alzheimer’s advocacy work, help- Mr. SULLIVAN. Mr. President, as paper filled with his cramped handwriting to ing to dramatically increase the atten- many of my colleagues here on the [his staffer]. ‘‘Why don’t we get this typed up Senate floor know, tomorrow is Valen- and put it out,’’ Reagan suggested. tion and resources paid to the research of this disease. She recognized that de- tine’s Day, and yesterday, my col- It was a letter dated that November generative diseases like Alzheimer’s league and my good friend, for whom I 5, 1994. not only pose a financial burden to our have so much respect, Senator ERNST My Fellow Americans— Nation and health system but, more from Iowa, was asking Members of this It began— importantly and more significantly, body to come down to the floor and I have recently been told that I am one of these diseases threaten families with talk about love. Some of you may have the millions of Americans who will be af- significant financial difficulty and tre- seen that. flicted with Alzheimer’s disease. . . . At the mendous emotional hardship. Now, I have to admit that I am very moment I feel just fine. I intend to live the As President Reagan’s primary care- close to Senator ERNST. I think she is remainder of the years God gives me on the giver during his battle with Alz- one of the best Senators in the whole earth doing things I have always done. . . . body. But I was a little bit leery. To be Unfortunately, as Alzheimer’s Disease pro- heimer’s, Nancy reminded us of the im- portance of caretakers and families honest, talking about love on the Sen- gresses, the family often bears a heavy bur- ate floor is really not my thing. I am den. I only wish I could spare Nancy from and the struggles they themselves go this painful experience. When the time through while watching loved ones suf- not sure I have done that in 4 years comes I am confident that with your help fer. here. As a matter of fact, I know I she will face it with faith and courage. As we continue our work to treat, haven’t done that in 4 years. And with faith and courage, indeed, cure, and prevent Alzheimer’s and Then, I thought, well, you know, it is President and Nancy Reagan faced the other degenerative diseases, we will Valentine’s Day. I thought, of course, disease together. also continue looking for ways to ease immediately about my family and my Together, they founded the Ronald the financial and mental turmoil on beautiful wife Julie, the love of my and Nancy Reagan Research Institute caretakers, for they suffer so much as life. I thought I could talk about that. at the Alzheimer’s Association in Chi- well. I thought I could talk about my three daughters, all young Alaskan women, cago, IL, focused on researching, un- When President Reagan announced strong. They make me proud each and derstanding, and treating Alzheimer’s his Alzheimer’s disease, he did so much more than just admitting to having the every day. disease. That was easy, thinking about Valen- Over the past several decades, this disease. He fought it, and he tine’s Day and love that way—Julie, research institute has awarded millions destigmatized it not only for himself Meghan, Isabella, and Laurel, who, by but for those who came after him and of dollars in Alzheimer’s research the way, celebrated her 18th birthday for those still to come who may be grants and has continued to see break- yesterday. They are the loves of my throughs in our understanding of this faced with this same circumstance. In the closing letter that President life. aggressive and disastrous disease. But then my staff told me: Wait a Reagan wrote—and, incidentally, when Congress has also rightfully come to- minute. This isn’t that kind of speech. he handed it to the staffer and said, gether in a nonpartisan manner to What Senator ERNST wanted us to do fight this disease head-on. For exam- ‘‘Type it up and send it out,’’ they read was to speak about the love of your ple, last December, just a few months it and said, ‘‘Let’s just send it in your State and how we all love our State. ago, with legislation that was spon- handwriting, Mr. President.’’ So that is Now, that is easy for everybody here sored by our colleague from Maine, what happened, and in that closing let- because we all do love our State. Then, Senator SUSAN COLLINS, Congress ter, President said this: I realized, well, you know what, Sen- passed and the President signed our Let me thank you, the American people, ator ERNST wanted that. It is Valen- BOLD Infrastructure for Alzheimer’s for giving me the great honor of allowing me tine’s Day, and, of course, it is toward to serve as your President. When the Lord Act, which aims to combat Alzheimer’s the end of the week, and I typically do through a collaborative public health calls me home, whenever that may be, I will leave with the greatest love for this country my ‘‘Alaskan of the Week’’ speech framework. The BOLD Act will create of ours and eternal optimism for its future. every Thursday or Wednesday. an Alzheimer’s public health infra- I now begin the journey that will lead me This is a little bit of a jazzed up Val- structure at the direction of the Cen- into the sunset of my life. I know that for entine’s Day version of Alaskan of the ters for Disease Control and Preven- America there will always be a bright dawn Week, with the ERNST hashtag tion, which will establish Alzheimer’s ahead. ‘‘homestatelove,’’ which is what she centers for excellence across the coun- I, too, believe that America’s best put out, and I think some other Sen- try, award funding to public health de- days are ahead of us, and I implore ators did. partments to increase early detection Washington to reflect upon President I thought this would be a combina- and diagnosis, and increase data collec- Reagan’s enduring optimism. tion this evening of a little bit of a love tion, analysis, and reporting through Civil in disagreement and often will- story to Alaska, my constituents, com- cooperative agreements with public ing to cross party lines to work toward bined with the Alaskan of the Week, and nonprofit entities. solutions, I hope we can all remember, and, of course, to support what Senator I am a member of the Senate Appro- like President Reagan, to focus on the ERNST wanted a bunch of us to do. priations Subcommittee on Health and real issues facing our Nation, and I I certainly love coming down to the Human Services, led by my colleague hope that all Members of the Congress, floor every week to talk about the

VerDate Sep 11 2014 05:46 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.058 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1319 Alaskans of the Week. It is one of my alists—inspiring young people all NOMINATION OF DONALD W. favorite things to do. So, today, I just across the globe to race faster and race WASHINGTON want to say a little bit about some of better. Mr. GRASSLEY. Mr. President, I do those Alaskans of the Week, not really Last year, I had the opportunity to not object to the nomination of Donald one or two but just kind of a combo— talk about a young teenager from W. Washington, PN202. literally, dozens and dozens of Alas- Gambell, Chris Apassingok. He made f kans, since I started here in the Senate national headlines for his insistence, 4 years ago, where I have had the op- despite tremendous backlash from SENATE COMMITTEE ON RULES portunity to come down and talk about some extreme groups outside of Alas- AND ADMINISTRATION them. ka, to continue his cultural heritage of Mr. BLUNT. Mr. President, the Com- They are as old as 100 and as young hunting whales to feed his community mittee on Rules and Administration as 8. Last week we had an 8-year-old. through subsistence. has adopted rules governing its proce- Boy, was he really a fine young man Here is another example that will go dures for the 116th Congress. Pursuant from Juneau. They come from the Far straight to the heart of my colleague, to rule XXVI, paragraph 2, of the North, the Arctic, and the misty tem- Senator ERNST from Iowa. In Decem- Standing Rules of the Senate, on behalf perate southeast of Alaska. They live ber, Carol Seppilu from Nome, who has of myself and Senator KLOBUCHAR, I surrounded by tundra, by the churning overcome tremendous difficulties and ask unanimous consent that a copy of seas, by mountains, by rainforests. disabilities and pain in her life, ran 85 the committee rules be printed in the These are all those who have earned miles of a 100-mile race in Council RECORD. the title Alaskan of the Week. They Bluffs, IA, and she is training for an- There being no objection, the mate- come from what we call urban Alaska other race. rial was ordered to be printed in the and from some of the 200 small commu- That kind of training isn’t easy in RECORD, as follows: nities and villages that dot my State, Nome, where she has to walk through RULES OF PROCEDURE which are not connected by roads. It is blizzards just to get on a treadmill. MEETINGS OF THE COMMITTEE a big challenge we have in Alaska. Carol has the racing community—the Rule 1. The regular meeting dates of the They are librarians, artists, former long racing community, 100-mile Committee shall be the second and fourth Governors, reporters, healthcare work- races—in Alaska and Iowa and, lit- Wednesdays of each month, at 10:00 a.m., in ers, whalers, counselors, pastors, law- erally, around the country in awe of room SR–301, Russell Senate Office Building. yers, athletes, students, teachers, and her, if you know her story, and rooting Additional meetings of the Committee may nearly every profession imaginable. for her. be called by the Chairman as he may deem necessary or pursuant to the provision of Some of them have retired. Some of Sometimes we have a lot of negative paragraph 3 of rule XXVI of the Standing them are just starting school and news here in DC. I always say there is Rules of the Senate. aren’t even of working age. a lot more going on bipartisan that our Rule 2. Meetings of the committee, includ- They are a diverse group of people, as friends in the media, who sit above the ing meetings to conduct hearings, shall be you can imagine, but they all have one Presiding Officer’s desk there, don’t open to the public, except that a meeting or thing in common. They love Alaska. often report, but it can be negative. I series of meetings by the committee on the They love their country. They have the think sometimes it can be easy to for- same subject for a period of no more than 14 fire, the drive, and the heart to use calendar days may be closed to the public on get that we live in the greatest country a motion made and seconded to go into whatever skills they have, whatever in the world—no doubt about it—the closed session to discuss only whether the experiences they have to help others. greatest country in the history of the matters enumerated in subparagraphs (a) Isn’t that what Valentine’s Day is all world, in my view, filled with good peo- through (f) would require the meeting to be about, what the hashtag ple who wake up every morning deter- closed followed immediately by a recorded ‘‘homestatelove’’ is all about, and, cer- mined to do what is right, to give back vote in open session by a majority of the tainly, what the Alaskan of the Week to their communities, whether in Alas- Members of the committee when it is deter- is all about? ka or North Dakota, like the Presiding mined that the matters to be discussed or Now, when I talk about the Alaskan the testimony to be taken at such meeting Officer. or meetings: of the Week, sometimes these people I want to thank Senator ERNST for (a) will disclose matters necessary to be have seen and gotten and deserve a lot bringing us down to the floor yesterday kept secret in the interests of national de- of attention in Alaska and even nation- and even today to talk a little bit fense or the confidential conduct of the for- ally. Other times, they are less well about love—good initiative there for eign relations of the United States; known but no less impactful. Let me Valentine’s Day. I thank all of the peo- (b) will relate solely to matters of the com- give you a couple of examples: someone ple of my State. This is a love story, mittee staff personnel or internal staff man- who has been picking up trash on the agement or procedure; not just of my wife and daughters but (c) will tend to charge an individual with side of the road for years, just doing it of all these great Alaskans of the Week crime or misconduct, to disgrace or injure every day; helping people to find a pet who have been doing such a great job the professional standing of an individual, or to love; making meals for the sick; for Alaska and their country. So, to all otherwise to expose an individual to public starting and contributing to non- of them, Happy Valentine’s Day. contempt or obloquy, or will represent a profits; writing beautiful prose; helping I yield the floor. clearly unwarranted invasion of the privacy people overcome addictions; estab- I suggest the absence of a quorum. of an individual; lishing iconic businesses; working their (d) will disclose the identity of any in- The PRESIDING OFFICER. The former or law enforcement agent or will dis- whole lives to do what they think is clerk will call the roll. close any information relating to the inves- right for their community, for their The senior assistant legislative clerk tigation or prosecution of a criminal offense State, and the communities they love. proceeded to call the roll. that is required to be kept secret in the in- Of course, they are all inspiring to Mr. MCCONNELL. Mr. President, I terests of effective law enforcement; us, and what I try to do once a week is ask unanimous consent that the order (e) will disclose information relating to the to come down and not just inspire the for the quorum call be rescinded. trade secrets or financial or commercial in- pages, who, I know, look forward to formation pertaining specifically to a given The PRESIDING OFFICER. Without person if: this speech, but anyone in America objection, it is so ordered. (1) an Act of Congress requires the infor- who is listening. By the way, you have f mation to be kept confidential by Govern- to come up to Alaska and you, too, will ment officers and employees; or love, and I mean ‘‘love’’ Alaska when MORNING BUSINESS (2) the information has been obtained by you come up to visit. Mr. MCCONNELL. Mr. President, I the Government on a confidential basis, Now, they are inspiring to all of us in ask unanimous consent that the Sen- other than through an application by such Alaska, but, as I mentioned, all around ate be in a period of morning business, person for a specific Government financial or the country last year. For example, I other benefit, and is required to be kept se- with Senators permitted to speak cret in order to prevent undue injury to the got to talk about the Alaska Pacific therein for up to 10 minutes each. competitive position of such person; or University’s ski team—world re- The PRESIDING OFFICER. Without (f) may divulge matters required to be kept nowned, gold medalists, Olympic med- objection, it is so ordered. confidential under the provisions of law or

VerDate Sep 11 2014 02:38 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G13FE6.060 S13FEPT1 S1320 CONGRESSIONAL RECORD — SENATE February 13, 2019 Government regulations. (Paragraph 5(b) of to report a measure or matter shall require ask unanimous consent to have printed rule XXVI of the Standing Rules.) the concurrence of a majority of the Mem- in the RECORD the notifications which Rule 3. Written notices of committee meet- bers of the committee who are physically have been received. If the cover letter ings will normally be sent by the commit- present at the time of the vote. Proxies will references a classified annex, then such tee’s staff director to all Members of the be allowed in such cases solely for the pur- committee at least a week in advance. In ad- pose of recording a Member’s position on the annex is available to all Senators in dition, the committee staff will telephone or question and then only in those instances the office of the Foreign Relations e-mail reminders of committee meetings to when the absentee committee Member has Committee, room SD–423. all Members of the committee or to the ap- been informed of the question and has af- There being no objection, the mate- propriate assistants in their offices. firmatively requested that he be recorded. rial was ordered to be printed in the Rule 4. A copy of the committee’s intended (Paragraph 7(a)(3) of rule XXVI of the Stand- RECORD, as follows: agenda enumerating separate items of legis- ing Rules.) DEFENSE SECURITY lative business and committee business will AMENDMENTS COOPERATION AGENCY, normally be sent to all Members of the com- Rule 16. Provided at least five business mittee and released to the public at least 1 Arlington, VA. days’ notice of the agenda is given, and the Hon. JAMES E. RISCH, day in advance of all meetings. This does not text of the proposed bill or resolution has preclude any Member of the committee from Chairman, Committee on Foreign Relations, been made available at least five business discussing appropriate non-agenda topics. U.S. Senate, Washington, DC. Rule 5. After the Chairman and the Rank- days in advance, it shall not be in order for DEAR MR. CHAIRMAN: Pursuant to the re- ing Minority Member, speaking order shall the Committee to consider any amendment porting requirements of Section 36(b)(1) of be based on order of arrival, alternating be- in the first degree proposed to any measure the Arms Export Control Act, as amended, tween Majority and Minority Members, un- under consideration by the Committee un- we are forwarding herewith Transmittal No. less otherwise directed by the Chairman. less such amendment has been delivered to 19–05 concerning the Army’s proposed Let- Rule 6. Any witness who is to appear before the office of the Committee and by at least ter(s) of Offer and Acceptance to the Govern- the committee in any hearing shall file with 5:00 p.m. the day prior to the scheduled start ment of Israel for defense articles and serv- the clerk of the committee at least 3 busi- of the meeting and circulated to each of the ices estimated to cost $238 million. After this ness days before the date of his or her ap- offices by at least 6:00 pm. letter is delivered to your office, we plan to pearance, a written statement of his or her Rule 17. In the event the Chairman intro- issue a news release to notify the public of proposed testimony and an executive sum- duces a substitute amendment or a Chair- this proposed sale. mary thereof, in such form as the chairman man’s mark, the requirements set forth in Sincerely, may direct, unless the Chairman and the Rule 16 shall be considered waived unless CHARLES W. HOOPER, Ranking Minority Member waive such re- such substitute amendment or Chairman’s Lieutenant General, USA, Director. quirement for good cause. mark has been made available at least five Enclosures. Rule 7. In general, testimony will be re- business days in advance of the scheduled TRANSMITTAL NO. 19–05 stricted to 5 minutes for each witness. The meeting. Notice of Proposed Issuance of Letter of time may be extended by the Chairman, Rule 18. It shall be in order, without prior Offer Pursuant to Section 36(b)(1) of the upon the Chair’s own direction or at the re- notice, for a Member to offer a motion to Arms Export Control Act, as amended quest of a Member. Each round of questions strike a single section of any bill, resolution, or amendment under consideration. (i) Prospective Purchaser: Government of by Members will also be limited to 5 min- Israel. utes. Rule 19. This section of the rule may be waived by agreement of the Chairman and (ii) Total Estimated Value: QUORUMS the Ranking Minority Member. Major Defense Equipment* $0 million. Rule 8. Pursuant to paragraph 7(a)(1) of Other $238 million. DELEGATION OF AUTHORITY TO COMMITTEE rule XXVI of the Standing Rules, a majority Total $238 million. CHAIRMAN of the Members of the committee shall con- (iii) Description and Quantity or Quan- stitute a quorum for the reporting of legisla- Rule 20. The Chairman is authorized to tities of Articles or Services under Consider- tive measures. sign himself or by delegation all necessary ation for Purchase: Rule 9. Pursuant to paragraph 7(a)(1) of vouchers and routine papers for which the Major Defense Equipment (MDE): None. rule XXVI of the Standing Rules, one-third committee’s approval is required and to de- Non-MDE: of the Members of the committee shall con- cide on the committee’s behalf all routine Two hundred forty (240) Namer Armored stitute a quorum for the transaction of busi- business. Personnel Carrier (APC–MT883) Power ness, including action on amendments to Rule 21. The Chairman is authorized to en- Packs, Less Transmission (NPPLT) in Full measures prior to voting to report the meas- gage commercial reporters for the prepara- Configuration. ure to the Senate. tion of transcripts of committee meetings Thirty (30) Namer Armored Personnel Car- Rule 10. Pursuant to paragraph 7(a)(2) of and hearings. rier (APC–MT883) Power Pack, Less Trans- rule XXVI of the Standing Rules, 2 Members Rule 22. The Chairman is authorized to mission (NPPLT) in Light Configuration. of the committee shall constitute a quorum issue, on behalf of the committee, regula- One hundred seventy-nine (179) Control and for the purpose of taking testimony under tions normally promulgated by the com- Diagnostic Systems (CDS). oath and 1 Member of the committee shall mittee at the beginning of each session. Also included is an Integrated Logistics constitute a quorum for the purpose of tak- DELEGATION OF AUTHORITY TO COMMITTEE Support package that includes: special tools ing testimony not under oath; provided, how- CHAIRMAN AND RANKING MINORITY MEMBER for C-Level maintenance; oil spray nozzle test bench; preservation and packaging; con- ever, that in either instance, once a quorum Rule 23. The Chairman and Ranking Minor- tainers; configuration management; tech- is established, any one Member can continue ity Member, acting jointly, are authorized to nical manuals, spare parts catalogs, other to take such testimony. approve on behalf of the committee any rule documentation and publications, and other Rule 11. Under no circumstances may prox- or regulation for which the committee’s ap- related elements of logistics and program ies be considered for the establishment of a proval is required, provided advance notice support. quorum. of their intention to do so is given to Mem- (iv) Military Department: Army (IS-B- VOTING bers of the committee. ZZD). Rule 12. Voting in the committee on any f (v) Prior Related Cases, if any: None. issue will normally be by voice vote. ARMS SALES NOTIFICATION (vi) Sales Commission, Fee, etc., Paid, Of- Rule 13. If a third of the Members present fered, or Agreed to be Paid: None. so demand a roll call vote instead of a voice Mr. RISCH. Mr. President, section (vii) Sensitivity of Technology Contained vote, a record vote will be taken on any 36(b) of the Arms Export Control Act in the Defense Article or Defense Services question by roll call. requires that Congress receive prior no- Proposed to be Sold: None. Rule 14. The results of roll call votes taken (viii) Date Report Delivered to Congress: in any meeting upon any measure, or any tification of certain proposed arms sales as defined by that statute. Upon February 12, 2019. amendment thereto, shall be stated in the *As defined in Section 47(6) of the Arms committee report on that measure unless such notification, the Congress has 30 Export Control Act. previously announced by the committee, and calendar days during which the sale POLICY JUSTIFICATION such report or announcement shall include a may be reviewed. The provision stipu- tabulation of the votes cast in favor of and lates that, in the Senate, the notifica- Israel—Namer Armored Personnel Carrier the votes cast in opposition to each such (APC–MT883) Power Packs Less Trans- tion of proposed sales shall be sent to missions (NPPLT) and Integrated Logistics measure and amendment by each Member of the chairman of the Senate Foreign the committee. (Paragraph 7(b) and (c) of Support rule XXVI of the Standing Rules.) Relations Committee. The Government of Israel has requested to Rule 15. Proxy voting shall be allowed on In keeping with the committee’s in- buy two hundred forty (240) Namer Armored all measures and matters before the com- tention to see that relevant informa- Personnel Carrier (APC–MT883) Power mittee. However, the vote of the committee tion is available to the full Senate, I Packs, Less Transmission (NPPLT) in Full

VerDate Sep 11 2014 05:46 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.007 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1321 Configuration; thirty (30) Namer Armored speaking their language, as did Federal Legislature recognizing De- Personnel Carrier (APC–MT883) Power Government Indian boarding schools, cember 10, 2019, as Wyoming Women’s Packs, Less Transmission (NPPLT) in Light the U.S. military came to greatly ap- Day. Configuration; and one hundred seventy-nine preciate the strategic advantage the (179) Control and Diagnostic Systems (CDS). On December 10, 1869, the Wyoming Also included is an Integrated Logistics Sup- unwritten Dine language held. Territory passed the first law in U.S. port package that includes: special tools for Mr. Newman enlisted in the Marines, history granting women the right to C-Level maintenance; oil spray nozzle test in 1943, when he was 18, inspired to de- vote and hold public office. This right bench; preservation and packaging; con- fend the Nation in light of the attack became so important to the people of tainers; configuration management; tech- on Pearl Harbor. He, along with an es- Wyoming that, when the State sought nical manuals, spare parts catalogs, other timated 44,000 other Native Americans, statehood, it refused to enter the documentation and publications, and other served in World War II, even though Union if this right was not protected. related elements of logistics and program they couldn’t vote in U.S. elections and support. The total estimated program cost is In 2015, I came to the floor to speak faced discrimination within the mili- $238 million. in honor of the 125th anniversary of The United States is committed to the se- tary. Wyoming statehood. I shared with the Soon after Mr. Newman enlisted, he curity of Israel, and it is vital to U.S. na- Senate the challenge Wyoming faced was assigned to a secret mission, as tional interests to assist Israel to develop from Congress in its quest to become a and maintain a strong and ready self-defense part of the Navajo code talkers. He at- member of the Union. I believe it is capability. This proposed sale is consistent tended code school, learning the com- timely to share that story again. with those objectives. plex code by memory, and learned how The proposed sale will improve Israel’s ca- to operate communications equipment. The debate in Congress was conten- pability to meet current and future threats tious, with the arguments centering on in the defense of its borders. These upgraded Serving in the 1st Battalion, 21st Ma- rine Regiment, 3rd Marine Division, Al- one of our most proud accomplish- power packs will be used on their Armored ments: a decision made long before Wy- Personnel Carriers (APC–MT883) that were fred was stationed in New Caledonia, fielded in 2008. Israel will have no difficulty Guadalcanal, Bougainville Island, oming became a State. On December absorbing this equipment into its armed Guam, and Iwo Jima, among other 10, 1869, the was forces. duty stations. He saw battle at the lat- the first in the United States to grant The proposed equipment and support will ter three locations and was stationed women the right to vote. not alter the basic military balance in the in Iwo Jima during 28 days of the fa- Efforts to attain statehood finally region. came to fruition 20 years later. It was The prime contractor will be MTU Amer- mous battle and was there the day the ica, Novi, MI. MTU America is the North Americans raised the flag over Mount incumbent on our delegate to the U.S. American subsidiary of Rolls Royce Power Suribachi. Mr. Newman was honorably House of Representatives, Joseph M. Systems. There are no known offset agree- discharged with the rank of corporal in Carey, to convince his colleagues to ments proposed in connection with this po- December 1945. support the statehood bill. tential sale. After his discharge, he came back to On March 26, 1890, the day of the Implementation of this proposed sale will New Mexico, and married his sweet- statehood bill debate, Joseph Carey not require the assignment of any additional heart, Betsy Eleanore Denetsone. He U.S. Government or contractor representa- spoke passionately about Wyoming. tives to Israel. worked as an ammunition inspector at His words still hold true today. He said There will be no adverse impact on U.S. de- Fort Wingate and then at an open-pit that Wyoming was rich in agricultural fense readiness as a result of this proposed mine overseeing blasting at Kirkland possibilities. He explained Wyoming sale. Field. Together, he and Betsy have 5 was one of nature’s great storehouses f children, 13 grandchildren, and 3 great- of minerals. Joseph Carey also talked grandchildren and were married 69 TRIBUTE TO ALFRED K. NEWMAN about grazing development, edu- years before his passing. cational leadership, widespread railway Mr. UDALL. Mr. President, today I The Japanese famously never broke construction, the model Constitution, wish to pay tribute to Alfred K. New- the Navajos’ code, and Navajo code and the unique opportunities for man, one of last remaining Navajo code talkers are credited with playing a de- women. talkers, who passed away on January cisive role in key World War II battles, Yet opponents to our statehood did 13 of this year. including Iwo Jima. The Navajo code not support women having the right to Mr. Newman was born in Coolidge, talker mission was kept secret until vote. On the same day as Joseph NM, on July 21, 1924. He was 1968, when it was declassified. In 2000, Carey’s impassioned speech, Represent- ´ ´ Naaneesht’ezhi Dine’e—Zuni Clan—and Congress awarded the Congressional ative William Oates of Alabama argued ´ born for Tsi’naajınii—Black Streak Silver Medal to the Navajo code talk- against our admittance to the Union. Wood People Clan. One of six children, ers. Like so many others, Mr. Newman He said, ‘‘Mr. Speaker, I do not hesi- his mother wove rugs that were sold at was humble about his bravery in serv- tate to say that in my judgment the the Coolidge Trading Post and his step- ice and modest about his medals. Dur- franchise has been too liberally ex- father worked as a silversmith there. ing a 2010 interview for an oral history tended. Should we ever reach universal When Mr. Newman was about 8 years project, Mr. Newman was asked, ‘‘How suffrage this Government will become old, his family sent him to the Reho- did [the war] change you?’’ He replied practically a pure democracy and then both Mission School, where he boarded that, ‘‘Before the war, I was just going the days of its existence are num- during the 9 month school year and just like any other non-Navajo. Peace- bered.’’ rarely saw his parents. During the ful, no worries. Doing what I like. But summers, he herded sheep. At one The U.S. House of Representatives when the war came, it was a different narrowly passed Wyoming’s statehood point, they had a herd of 200, and the story. So I had to do what needed to be young shepherd loved watching the liz- bill with a vote of 139 to 127. The U.S. done.’’ Senate passed the bill on June 27, 1890. ards, birds, and bugs that surrounded We are forever grateful to Mr. New- Wyoming officially became the 44th him as he herded. man and all his fellow courageous code State on July 10, 1890, and became the Mr. Newman grew up knowing both talkers for doing ‘‘what needed to be first state to allow women the right to Navajo and English. However, the done’’ to defend our country. We will vote and hold public office. boarding students were not allowed to always honor and will never forget speak Navajo at the school. One time, their service and sacrifice to the Na- I ask unanimous consent to have when he spoke in Navajo, in order to tion. printed in the RECORD Enrolled Joint Resolution No. 1 of the Sixty-Fifth help another Navajo student who knew f no English, he was punished by having Legislature of the State of Wyoming to write ‘‘I must not speak Navajo’’ 500 150TH ANNIVERSARY OF WOMEN’S recognizing December 10, 2019, as Wyo- times. SUFFRAGE ming Women’s Suffrage Day. While the missionaries at the Reho- Mr. BARRASSO. Mr. President, There being no objection, the mate- both Mission School forbade Mr. New- today, Wyoming Governor Mark Gor- rial was ordered to be printed in the man and other Navajo students from don will sign a joint resolution of the RECORD, as follows:

VerDate Sep 11 2014 05:46 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.006 S13FEPT1 S1322 CONGRESSIONAL RECORD — SENATE February 13, 2019

ENROLLED JOINT RESOLUTION NO. 1, SENATE for every adult woman, some lawmakers per- Whereas, all these milestones illuminate SIXTY-FIFTH LEGISLATURE OF THE STATE OF chance hoped suffrage would entice more and strengthen Wyoming’s heritage as the WYOMING women to the state; and ‘‘Equality State’’; and Whereas, some lawmakers may have be- Whereas, December 10, 2019 marks the 2019 GENERAL SESSION lieved that women’s suffrage was consistent 150th anniversary of the date women’s suf- A Joint Resolution recognizing December with the goals articulated in post-Civil War frage became law. 10, 2019 as Wyoming Women’s Suffrage Day. Amendment XV to the United States Con- Now, therefore, be it resolved by the members 1Whereas, Wyoming is often referred to as stitution guaranteeing the ‘‘right of citizens of the Legislature of the State of Wyoming: the ‘‘Cowboy State,’’ its more apt sobriquet of the United States to vote shall not be de- Section 1. That the Wyoming legislature is the ‘‘Equality State’’; and nied or abridged by the United States or by commemorates 2019 as a year to celebrate Whereas, women, like all persons, have al- any state on account of race, color, or pre- the one hundred fiftieth (150th) anniversary ways inherently held the right to vote and vious condition of servitude’’; and of the passage of women’s suffrage. participate in their government; and Whereas, some lawmakers inherently knew Section 2. That the Wyoming legislature is Whereas, Wyoming was the first govern- that guaranteeing the right of women to proud of its heritage as the first state to rec- ment to explicitly acknowledge and affirm vote was, simply, the right thing to do; and ognize the right of women to vote and hold women’s inherent right to vote and to hold Whereas, the Territorial Legislature ad- office, hereby affirming its legacy as the office; and vanced a suffrage bill stating, ‘‘That every ‘‘Equality State.’’ Whereas, this inherent right, at the found- woman of the age of twenty-one years, resid- Section 3. That the Secretary of State of ing of the United States, was inhibited; and ing in this territory, may, at every election Wyoming transmit a copy of this resolution Whereas, women, at the founding of the to be holden under the laws thereof, cast her to the National Women’s Hall of Fame in United States, were also prevented from vote. And her rights to the elective franchise support of Esther Hobart Morris’ induction holding office; and and to hold office shall be the same under into the Women of the Hall. Whereas, women’s suffrage—the basic en- the election laws of the territory, as those of Section 4. That the Wyoming legislature franchisement of women—began to burgeon electors’’ and that ‘‘This act shall take effect encourages its citizens and invites its visi- in the United States in the 1840s and contin- and be in force from and after its passage’’; tors to learn about the women and men who ued to gain momentum over the next dec- and made women’s suffrage in Wyoming a re- ades, despite the oppressive atmosphere in Whereas, when invited to join the Union, ality, thereby blazing a trail for other states, which women were not allowed to divorce demanding that women’s suffrage be re- and eventually the federal government, to their husbands or show their booted ankles voked, the Wyoming Legislature said, ‘‘We recognize the inherent right of men and without risk of public scandal or worse; and will remain out of the Union one hundred women alike to elect their leaders and hold Whereas, during the 1850s, activism to sup- years rather than come in without the office. port women’s suffrage gathered steam, but women’’; and f lost momentum when the Civil War began; Whereas, in July 1890, Esther Hobart Mor- and ris presented the new Wyoming state flag to RECOGNIZING OLD GLORY HONOR Whereas, in the fall of 1868, three (3) years Governor Francis E. Warren during the FLIGHT after the had ended, statehood celebration, making Wyoming the Union Army General Ulysses S. Grant was 44th state to enter the Union and the first Ms. BALDWIN. Mr. President, today elected President, and chose John Campbell with its women holding the right to vote and I rise to recognize the Old Glory Honor to serve as Governor of the Wyoming Terri- serve in elected office; and Flight organization, as it makes its tory; and Whereas, the United States did not endorse maiden flight to Vietnam to bring 53 Whereas, Joseph A. Carey, who was there- women’s suffrage until 1920 with the ratifica- veterans back to the place where they after appointed to serve as Attorney General tion of the 19th Amendment to the U.S. Con- risked their lives for our Nation. I am of the Wyoming Territory, issued a formal stitution; and legal opinion that no one in Wyoming could Whereas, despite the passage of the 19th honored to pay tribute to this impor- be denied the right to vote based on race; Amendment, women of color continued to tant first flight and to honor their sac- and face barriers with exercising their right to rifices. Whereas, the first Wyoming Territorial vote, as American Indian men and women The all-volunteer organization, Old Legislature, comprised entirely of men, re- were not recognized as United States citizens Glory Honor Flight, was founded in quired consistent and persistent inveigling permitted to vote until the passage of the In- 2009 by individuals who had a dream of to warm to the notion of suffrage; and dian Citizenship Act of 1924, and ongoing ra- creating an honor flight experience for Whereas, abolitionist and woman suffrage cial discrimination required the passage and activist, Esther Hobart Morris, was born in military veterans in northeast Wis- implementation of the Voting Rights Act of consin. A dedicated board of volunteers Tioga County, New York, on August 8, 1812, 1965; and and later became a successful milliner and Whereas, achieving voting rights for all launched the first official flight on Oc- businesswoman; and women required firm and continuing resolve tober 27, 2009, when they hosted 95 Whereas, Esther Hobart Morris, widowed in to overcome reluctance, and even fervent op- World War II veterans on a trip to our 1843, moved to Peru, Illinois, to settle the position, toward this rightful enfranchise- Nation’s Capital to experience first- property in her late husband’s estate and ex- ment; and hand the national memorials honoring perienced the legal hardships faced by Whereas, Wyoming, the first to recognize women in Illinois and New York; and American military servicemembers. women’s suffrage, blazed a trail of other The honor flight’s mission is to cre- Whereas, Esther Hobart Morris married noteworthy milestones, such as Louisa John Morris, a prosperous merchant, and in Swain, of Laramie, casting the first ballot by ate a safe and memorable experience 1869 moved to the gold rush camp at South a woman voter in 1870; and for veterans who call Wisconsin home. Pass City, a small valley situated along the Whereas, in 1870 the first jury to include Until now, each honor flight has taken banks of Willow Creek on the southeastern women was in Wyoming and was sworn in on place within a single day, sending vet- end of the Wind River Mountains in the Wyo- March 7 in Laramie; and erans to Washington, DC, to thank ming Territory just north of the Oregon Whereas, Esther Hobart Morris was ap- them for all they sacrificed to keep our Trail; and pointed to serve as justice of the peace in Nation safe and free. Since its incep- Whereas, William Bright, a saloonkeeper, February 1870, making her the first woman also from the once bustling frontier mining to serve as a judge in the United States; and tion, Old Glory Honor Flight has flown town South Pass City, was elected to serve Whereas, Wyoming women become the more than 3,500 veterans on more than in the Territorial Legislature and was elect- first women to vote in a presidential election 40 missions. ed as president of the Territorial Council; in 1892; and Through the generous support of in- and Whereas, in 1894 Wyoming elected Estelle dividuals and businesses, Old Glory Whereas, the Territorial Legislature met Reel to serve as the state superintendent of Honor Flight has grown tremendously in 1869 in Cheyenne and passed bills and reso- public instruction, making her one of the in the past decade. This month, for the lutions formally enabling women to vote and first women in the United States elected to hold property and formally assuring equal serve in a statewide office; and first time in its 10-year existence, the pay for teachers; and Whereas, the residents of the town of Jack- organization is sending 53 veterans who Whereas, William Bright introduced a bill son in 1920 elected a city council composed served in Vietnam, Cambodia, Laos, to recognize the right of Wyoming women to entirely of women – dubbed the ‘‘petticoat and Thailand back to Vietnam for 2 vote; and government’’ by the press – making it the weeks. Whereas, no records were kept of the de- first all-women government in the United Wisconsinites owe a debt of gratitude bate between Wyoming territorial law- States; and to these servicemembers who answered makers, although individuals likely asserted Whereas, in 1924 Wyoming elected Nellie a myriad of motivations and intentions in Tayloe Ross to serve as governor of the great our country’s call to serve and defend supporting women’s suffrage; and state of Wyoming, making her the first the United States. These veterans Whereas, the Wyoming Territory popu- woman to be sworn in as governor in these served with honor and endured the hor- lation at the time consisted of six adult men United States; and rors of war. When they returned home,

VerDate Sep 11 2014 05:46 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.009 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1323 they were shunned and denied their agement, and guidance have been in- logical breakthroughs. As chairman of rightful hero’s welcome. We must vow strumental in helping current and fu- the Senate Committee on Small Busi- to never let this happen again and to ture leaders in our great State get a ness and Entrepreneurship, each week I always honor those who serve in our start. Thank you for you your leader- recognize a small business that em- Armed Forces. Let this flight be a re- ship, friendship, humor, and extraor- bodies the unique American entrepre- minder that we can all do our part to dinary service to our State and Na- neurial spirit. This week, it is my dis- keep the sacred trust we have with our tion.∑ tinct privilege to honor JL Marine Sys- veterans. Let it be a reminder that f tems, Inc., as the Senate Small Busi- there is still more work to do to honor ness of the Week. REMEMBERING BILL BURGESS their service, and let us be inspired by Located in Tampa, FL, JL Marine their selfless and heroic service to a ∑ Mr. INHOFE. Mr. President, I am Systems is known in fishing commu- grateful nation. here to speak today with a heavy heart nities throughout the country as the I am honored to recognize the very from the sudden and untimely passing manufacturer of the Power-Pole shal- first Wisconsin Honor Flight to Viet- of my dear friend and confidant, Bill low water anchor. John Oliverio, the nam and I commend Old Glory Honor Burgess of Lawton, OK. creator of the Power-Pole, has been an Flight on this extraordinary mission to Bill spent his entire life in service to angler for all his life and used this ex- honor our Wisconsin military veterans. Oklahoma and the Nation, and his loss perience to create a more practical ap- It is my sincere hope that this momen- will be felt throughout the State. proach to shallow water fishing. As a tous trip will bring some peace to these Bill was a talented attorney, busi- flats fisherman, he was frustrated that brave men traveling back to Vietnam. nessman, and civic leader. Among bringing his boat to a stop with a push f many different titles Bill held through- out his career, he served the State he pole or an anchor required him to lose ADDITIONAL STATEMENTS loved on the Oklahoma Board of Re- sight of fish. In 1998, John devised the gents for Higher Education and the concept for an anchor that he could University of Oklahoma Board of Re- lower from anywhere, allowing him to RECOGNIZING PHIL BATT gents. keep his eyes on fish. Today, the ∑ Mr. CRAPO. Mr. President, along Bill was widely recognized and re- Power-Pole is a premier shallow water with my colleagues Senator JAMES E. spected as one of Oklahoma’s out- anchor, featuring sophisticated tech- RISCH, Representative MIKE SIMPSON, standing leaders, and he was inducted nology for more effective shallow and Representative RUSS FULCHER, I into both the Oklahoma Hall of Fame water fishing. pay tribute to former Idaho Governor and the Oklahoma Higher Education JL Marine Systems’ Power-Pole Phil Batt for his immense service to Hall of Fame. technology is available in five different our State. As a businessman who developed the models, at more than 3,500 dealers, As his last official act in the Gov- largest software engineering company manufacturers, and retailers. These ernor’s Ceremonial Office in the Idaho in Oklahoma and the owner and pub- quality products have helped JL Ma- State Capitol, outgoing Idaho Governor lisher of the Lawton Constitution, Bill rine Systems to build strong partner- C.L. Butch Otter co-presented, with was admired for his entrepreneurial ships in the boating and fishing indus- current Idaho Governor Brad Little, ability and success. A tireless advocate tries and has earned accolades at pro- the 2019 Idaho Medal of Achievement to for Oklahoma business, he served stints fessional fishing tournaments, in mag- Governor Phil Batt for his many ac- as chairman of both the Oklahoma azines, and on television shows. The complishments and years of service to State Chamber of Commerce and the Power-Pole won Best New Boating Ac- the State of Idaho. The award is con- Oklahoma Business Roundtable. cessory at the International Conven- sidered the highest civilian honor be- I worked closely with Bill in his role tion of Allied Sportsfishing Trades in stowed by the State. Phil Batt is the as civilian aide to the Secretary to the 2011, 2012, and 2013 and won awards for third recipient of this great honor, for Army and am so thankful to have a its electronics at the International which many nominations from across man of such integrity, character, and Boatbuilders Exhibition and Con- our State have been made by the pub- grit in this position. ference in 2017. lic. If you spent any time at all around JL Marine Systems’ commitment to Governor Batt has an extensive ca- Bill, you were sure to know that he was a higher standard is not only seen in reer of service to our State and Nation. the son of a sergeant major, the ‘‘back- their innovative products and customer He served as our State’s 29th Governor bone of the Army.’’ Friends say that service, but also in how the company from 1995 to 1999. Prior to his service as growing up in the house of a non-com- gives back to its community. JL Ma- Governor, he served as Idaho Repub- missioned officer gave him a love not rine Systems is a proud supporter of lican Party Chairman, Lieutenant Gov- only for the Army but also for the en- the Florida Aquarium, the Coastal ernor of Idaho, and president pro tem- listed men and women who serve their Conservation Association, the National pore of the Idaho Senate. He served in country. Pediatric Cancer Foundation, and nu- the Idaho Senate for approximately 15 Bill was incredibly proud of his dad’s merous other organizations. The com- years after serving in the Idaho House service to our Nation and continued pany also supports its community by of Representatives from 1965 to 1967. He that tradition of service. No one loved, hosting hurricane relief fundraisers also served in the U.S. Army from 1945 admired, and supported our men and and by sponsoring Tampa-area youth to 1946 after growing up on a farm in women in uniform more than Bill. sports teams and high school and col- Wilder, ID. Kay and I are praying for Bill’s fam- lege fishing teams. Idaho has benefited greatly from ily, friends, and many loved ones in Governor Phil Batt’s sensible voice, this extremely hard time. Bill was an John Oliverio’s work to develop and commitment to service, and out- exceptional leader, a loving father, and produce the Power-Pole shallow water standing leadership. Governor Batt’s an incomparable friend. anchor represents the innovation that principal role in advancing human I am blessed to have known him, and Floridian entrepreneurs are known so rights in Idaho is among his many he will be sorely missed by myself and well for. Through hard work and perse- achievements on behalf of Idahoans. He the rest of Oklahoma.∑ verance, John and his team at JL Ma- led efforts to establish a Commission f rine Systems have revolutionized the on Human Rights and pushed for bene- shallow water anchor and have set an fits for Idaho farmworkers. RECOGNIZING JL MARINE excellent example of ingenuity. I would Governor Batt, you have much to be SYSTEMS, INC. like to congratulate John and the en- proud of and reflect on for your out- ∑ Mr. RUBIO. Mr. President, it is my tire team at JL Marine Systems for standing service over your exemplary privilege to honor a Florida small busi- being named the Senate Small Busi- life. You have stood against inequities ness that exemplifies innovation and ness of the Week. I wish them good and, in so doing, helped make others’ how thinking outside of the box to luck and look forward to watching paths better. Your mentorship, encour- solve problems can create techno- their continued growth and success.∑

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.011 S13FEPT1 S1324 CONGRESSIONAL RECORD — SENATE February 13, 2019 MEASURES PLACED ON THE titled ‘‘Attainment Plan for the Lake Coun- Safety Administration, Department of CALENDAR ty SO2 Nonattainment Area’’ (FRL No. 9989– Transportation, transmitting, pursuant to 48–Region 5) received in the Office of the law, the report of a rule entitled ‘‘Fees for The following bill was read the sec- President of the Senate on February 12, 2019; the Unified Carrier Registration Plan Agree- ond time, and placed on the calendar: to the Committee on Environment and Pub- ment’’ ((RIN2126–AC12) received during ad- S. 464. A bill to require the treatment of a lic Works. journment of the Senate in the Office of the lapse in appropriations as a mitigating con- EC–321. A communication from the Assist- President of the Senate on February 8, 2019; dition when assessing financial consider- ant Secretary, Legislative Affairs, Depart- to the Committee on Commerce, Science, ations for security clearances, and for other ment of State, transmitting, pursuant to and Transportation. purposes. section 36(c) and (d) of the Arms Export Con- EC–329. A communication from the Man- trol Act, the certification of a proposed li- agement and Program Analyst, Federal f cense for the manufacture of significant Aviation Administration, Department of MEASURES READ THE FIRST TIME military equipment and the export of fire- Transportation, transmitting, pursuant to arms, parts, and components, including tech- law, the report of a rule entitled ‘‘Establish- The following bill was read the first nical data and defense services, abroad con- ment of Class E Airspace; Maurice, IA’’ time: trolled under Category I of the U.S. Muni- ((RIN2120–AA66) (Docket No. FAA–2018–0671)) S. 483. A bill to enact into law a bill by ref- tions Lists to Brazil to support the manufac- received during adjournment of the Senate erence. ture of components for sporting handguns in the Office of the President of the Senate and rifles in the amount of $1,000,000 or more on February 8, 2019; to the Committee on The following joint resolution was (Transmittal No. DDTC 18–017); to the Com- Commerce, Science, and Transportation. read the first time: mittee on Foreign Relations. EC–330. A communication from the Man- S.J. Res. 8. Joint resolution recognizing EC–322. A communication from the Assist- agement and Program Analyst, Federal the duty of the Federal Government to cre- ant Secretary, Legislative Affairs, Depart- Aviation Administration, Department of ate a Green New Deal. ment of State, transmitting, pursuant to Transportation, transmitting, pursuant to section 36(c) and (d) of the Arms Export Con- law, the report of a rule entitled ‘‘Establish- f trol Act, the certification of a proposed li- ment of Class E Airspace; Hardinsburg, KY’’ EXECUTIVE AND OTHER cense for the manufacture of significant ((RIN2120–AA66) (Docket No. FAA–2018–0486)) received during adjournment of the Senate COMMUNICATIONS military equipment and the export of defense articles, including technical data and de- in the Office of the President of the Senate The following communications were fense services, abroad to Italy, Turkey, and on February 8, 2019; to the Committee on laid before the Senate, together with the Netherlands to support the manufacture Commerce, Science, and Transportation. EC–331. A communication from the Man- accompanying papers, reports, and doc- of the F–35 Lightning II’s Center Fuselage agement and Program Analyst, Federal and related assemblies, subassemblies, and uments, and were referred as indicated: Aviation Administration, Department of components associated with all variants of EC–315. A communication from the Sec- Transportation, transmitting, pursuant to the F–35 Aircraft in the amount of retary of the Treasury, transmitting, pursu- law, the report of a rule entitled ‘‘Removal $100,000,000 or more (Transmittal No. DDTC ant to law, a report relative to operation of of Class E Airspace; Mercury, NV’’ ((RIN2120– 17–076); to the Committee on Foreign Rela- the Exchange Stabilization Fund (ESF) for AA66) (Docket No. FAA–2017–1148)) received tions. fiscal year 2018; to the Committee on Bank- EC–323. A communication from the Direc- during adjournment of the Senate in the Of- ing, Housing, and Urban Affairs. fice of the President of the Senate on Feb- tor, Office of Congressional Affairs, Federal EC–316. A communication from the Direc- ruary 8, 2019; to the Committee on Com- Election Commission, transmitting, pursu- tor of the Regulatory Management Division, merce, Science, and Transportation. ant to law, a report relative to the Commis- Environmental Protection Agency, transmit- EC–332. A communication from the Man- sion’s competitive sourcing efforts during ting, pursuant to law, the report of a rule en- agement and Program Analyst, Federal fiscal year 2018; to the Committee on Rules titled ‘‘Air Plan Approval; Indiana; Negative Aviation Administration, Department of and Administration. Transportation, transmitting, pursuant to Declarations for Commercial and Industrial EC–324. A communication from the Sec- law, the report of a rule entitled ‘‘Amend- Solid Waste Incineration and Sewage Sludge retary of Veterans Affairs, transmitting, ment of Class E Airspace; Leitchfield, KY’’ Incineration Units for Designated Facilities pursuant to law, the Department of Veterans ((RIN2120–AA66) (Docket No. FAA–2018–0485)) and Pollutants’’ (FRL No. 9989–36–Region 5) Affairs Vehicle Fleet Report on Alternative received during adjournment of the Senate received in the Office of the President of the Fuel Vehicles for fiscal year 2018; to the Senate on February 12, 2019; to the Com- in the Office of the President of the Senate Committee on Veterans’ Affairs. on February 8, 2019; to the Committee on mittee on Environment and Public Works. EC–325. A communication from the Deputy EC–317. A communication from the Direc- Commerce, Science, and Transportation. Chief, Enforcement Bureau, Federal Commu- EC–333. A communication from the Man- tor of the Regulatory Management Division, nications Commission, transmitting, pursu- Environmental Protection Agency, transmit- agement and Program Analyst, Federal ant to law, the report of a rule entitled Aviation Administration, Department of ting, pursuant to law, the report of a rule en- ‘‘Amendment of Section 1.80(b) of the Com- titled ‘‘Air Plan Approval; Indiana; Reason- Transportation, transmitting, pursuant to mission’s Rules; Forfeiture Proceedings’’ law, the report of a rule entitled ‘‘Amend- able Further Progress Plan and Other Plan (DA 18–1272) received in the Office of the Elements for the Chicago Nonattainment ment of Class E Airspace; Pago Pago, Amer- President of the Senate on February 12, 2019; ica Soma’’ ((RIN2120–AA66) (Docket No. Area for the 2008 Ozone Standard’’ (FRL No. to the Committee on Commerce, Science, 9989–33–Region 5) received in the Office of the FAA–2018–0082)) received during adjournment and Transportation. of the Senate in the Office of the President President of the Senate on February 12, 2019; EC–326. A communication from the Pro- of the Senate on February 8, 2019; to the to the Committee on Environment and Pub- gram Analyst, National Highway Traffic Committee on Commerce, Science, and lic Works. Safety Administration, Department of Transportation. EC–318. A communication from the Direc- Transportation, transmitting, pursuant to EC–334. A communication from the Man- tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Federal agement and Program Analyst, Federal Environmental Protection Agency, transmit- Motor Vehicle Theft Prevention Standard, Aviation Administration, Department of ting, pursuant to law, the report of a rule en- Final Listing of the 2017 Light Duty Truck Transportation, transmitting, pursuant to titled ‘‘Air Plan Approval: North Carolina; Lines Subject to the Requirements of This law, the report of a rule entitled ‘‘Amend- Ozone NAAQS Update’’ (FRL No. 9989–38–Re- Standard and Exempted Vehicle Lines for ment of Class E Airspace; Mesquite, NV’’ gion 4) received in the Office of the President Model Year 2017’’ (RIN2127–AL72) received ((RIN2120–AA66) (Docket No. FAA–2018–0007)) of the Senate on February 12, 2019; to the during adjournment of the Senate in the Of- received during adjournment of the Senate Committee on Environment and Public fice of the President of the Senate on Feb- in the Office of the President of the Senate Works. ruary 8, 2019; to the Committee on Com- on February 8, 2019; to the Committee on EC–319. A communication from the Direc- merce, Science, and Transportation. Commerce, Science, and Transportation. tor of the Regulatory Management Division, EC–327. A communication from the Regu- EC–335. A communication from the Man- Environmental Protection Agency, transmit- latory Ombudsman, Federal Motor Carrier agement and Program Analyst, Federal ting, pursuant to law, the report of a rule en- Safety Administration, Department of Aviation Administration, Department of titled ‘‘Air Plan Approval: OR: Lane County Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to Outdoor Burning and Enforcement Procedure law, the report of a rule entitled ‘‘Commer- law, the report of a rule entitled ‘‘Amend- Rules’’ (FRL No. 9989–56–Region 10) received cial Learner’s Permit Validity’’ ((RIN2126– ment of Class E Airspace; Bethel, ME’’ in the Office of the President of the Senate AB98) received during adjournment of the ((RIN2120–AA66) (Docket No. FAA–2018–0883)) on February 12, 2019; to the Committee on Senate in the Office of the President of the received during adjournment of the Senate Environment and Public Works. Senate on February 8, 2019; to the Com- in the Office of the President of the Senate EC–320. A communication from the Direc- mittee on Commerce, Science, and Transpor- on February 8, 2019; to the Committee on tor of the Regulatory Management Division, tation. Commerce, Science, and Transportation. Environmental Protection Agency, transmit- EC–328. A communication from the Regu- EC–336. A communication from the Man- ting, pursuant to law, the report of a rule en- latory Ombudsman, Federal Motor Carrier agement and Program Analyst, Federal

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.015 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1325 Aviation Administration, Department of the Senate on February 8, 2019; to the Com- and second times by unanimous con- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- sent, and referred as indicated: law, the report of a rule entitled ‘‘Amend- tation. By Mr. WARNER (for himself, Mr. ment of Class D Airspace; Appleton, WI’’ f CARDIN, Mrs. SHAHEEN, and Ms. BALD- ((RIN2120–AA66) (Docket No. FAA–2018–0006)) PETITIONS AND MEMORIALS WIN): received during adjournment of the Senate S. 466. A bill to provide that certain guid- in the Office of the President of the Senate The following petition or memorial ance related to waivers for State innovation on February 8, 2019; to the Committee on was laid before the Senate and was re- under the Patient Protection and Affordable Commerce, Science, and Transportation. Care Act shall have no force or effect; to the EC–337. A communication from the Man- ferred or ordered to lie on the table as Committee on Finance. agement and Program Analyst, Federal indicated: By Ms. WARREN (for herself, Ms. MUR- Aviation Administration, Department of POM–5. A petition from a citizen of the KOWSKI, Mr. UDALL, Mr. SULLIVAN, Transportation, transmitting, pursuant to State of Texas relative to an amendment to Mr. SANDERS, Mr. BLUMENTHAL, Ms. law, the report of a rule entitled ‘‘Amend- the United States Constitution; to the Com- DUCKWORTH, Ms. SMITH, Mr. KING, ment of Class D and E Airspace; Casper, WY’’ mittee on the Judiciary. Mr. TESTER, Ms. KLOBUCHAR, Ms. ((RIN2120–AA66) (Docket No. FAA–2017–0223)) f HIRONO, Mr. SCHATZ, Mr. HEINRICH, received during adjournment of the Senate Mr. MERKLEY, Ms. CORTEZ MASTO, in the Office of the President of the Senate REPORTS OF COMMITTEES and Ms. ROSEN): on February 8, 2019; to the Committee on The following reports of committees S. 467. A bill to amend section 520E of the Commerce, Science, and Transportation. Public Health Service Act to require States EC–338. A communication from the Man- were submitted: and their designees receiving grants for de- agement and Program Analyst, Federal By Mr. BLUNT, from the Committee on velopment and implementation of statewide Rules and Administration, without amend- Aviation Administration, Department of suicide early intervention and prevention Transportation, transmitting, pursuant to ment: strategies to collaborate with each Federally law, the report of a rule entitled ‘‘Amend- S. Res. 50. A resolution improving proce- recognized Indian tribe, tribal organization, ment of Class D and E Airspace; Moses Lake, dures for the consideration of nominations in urban Indian organization, and Native Ha- WA’’ ((RIN2120–AA66) (Docket No. FAA–2017– the Senate. waiian health care system in the State; to 1033)) received during adjournment of the S. Res. 70. An original resolution author- the Committee on Health, Education, Labor, Senate in the Office of the President of the izing expenditures by committees of the Sen- and Pensions. Senate on February 8, 2019; to the Com- ate for the periods March 1, 2019 through By Mr. CORNYN (for himself, Mr. WAR- mittee on Commerce, Science, and Transpor- September 30, 2019, October 1, 2019 through NER, Mr. SCOTT of South Carolina, tation. September 30, 2020, and October 1, 2020 and Mr. BENNET): EC–339. A communication from the Man- through February 28, 2021. S. 468. A bill to amend title II of the Higher agement and Program Analyst, Federal f Education Act of 1965 to provide for teacher, Aviation Administration, Department of principal, and other school leader quality en- Transportation, transmitting, pursuant to EXECUTIVE REPORTS OF hancement; to the Committee on Health, law, the report of a rule entitled ‘‘Amend- COMMITTEES Education, Labor, and Pensions. ment of Class D and E Airspace; Aspen, CO’’ By Ms. CORTEZ MASTO (for herself, ((RIN2120–AA66) (Docket No. FAA–2018–0016)) The following executive reports of nominations were submitted: Mrs. MURRAY, Mr. WYDEN, Ms. KLO- received during adjournment of the Senate BUCHAR, Mrs. FEINSTEIN, Ms. SMITH, in the Office of the President of the Senate By Mr. WICKER for the Committee on Mr. BROWN, Mr. CASEY, Mr. VAN HOL- on February 8, 2019; to the Committee on Commerce, Science, and Transportation. LEN, Mr. MENENDEZ, Ms. DUCKWORTH, Commerce, Science, and Transportation. *Janice Miriam Hellreich, of Hawaii, to be Mr. BLUMENTHAL, Mr. KAINE, and Ms. EC–340. A communication from the Man- a Member of the Board of Directors of the ROSEN): agement and Program Analyst, Federal Corporation for Public Broadcasting for a S. 469. A bill to allow penalty-free distribu- Aviation Administration, Department of term expiring January 31, 2024. tions from retirement accounts in the case of Transportation, transmitting, pursuant to *Robert A. Mandell, of Florida, to be a certain Federal contractors impacted by law, the report of a rule entitled ‘‘Amend- Member of the Board of Directors of the Cor- Federal Government shutdowns; to the Com- ment of Class D and E Airspace, and Revoca- poration for Public Broadcasting for a term mittee on Finance. tion of Class E Airspace; Jackson, MI’’ expiring January 31, 2022. By Ms. STABENOW (for herself, Mr. ((RIN2120–AA66) (Docket No. FAA–2017–1187)) *Don Munce, of Florida, to be a Member of BROWN, Ms. BALDWIN, Mr. received during adjournment of the Senate the Board of Directors of the Corporation for BLUMENTHAL, Mr. BOOKER, Mr. in the Office of the President of the Senate Public Broadcasting for a term expiring Jan- CARDIN, Ms. DUCKWORTH, Mr. DURBIN, on February 8, 2019; to the Committee on uary 31, 2024. Ms. HARRIS, Ms. KLOBUCHAR, Mr. Commerce, Science, and Transportation. *Bruce M. Ramer, of California, to be a LEAHY, Mr. MARKEY, Mr. MERKLEY, EC–341. A communication from the Man- Member of the Board of Directors of the Cor- Mr. PETERS, Mr. REED, Mrs. SHAHEEN, agement and Program Analyst, Federal poration for Public Broadcasting for a term Ms. SMITH, Mr. WHITEHOUSE, Mrs. Aviation Administration, Department of expiring January 31, 2024. GILLIBRAND, and Mr. HEINRICH): Transportation, transmitting, pursuant to *Coast Guard nomination of Alexander C. S. 470. A bill to amend title XVIII of the law, the report of a rule entitled ‘‘Amend- Foos, to be Captain. Social Security Act to provide for an option ment of Class D and E Airspace, and Re- By Mr. JOHNSON for the Committee on for any citizen or permanent resident of the moval of Class E Airspace; Lompoc, CA’’ Homeland Security and Governmental Af- United States age 50 to 64 to buy into Medi- ((RIN2120–AA66) (Docket No. FAA–2017–1146)) fairs. care; to the Committee on Finance. received during adjournment of the Senate *Julia Akins Clark, of Maryland, to be a By Mr. GRASSLEY (for himself, Mr. in the Office of the President of the Senate Member of the Merit Systems Protection TILLIS, Mr. CORNYN, and Mr. SASSE): on February 8, 2019; to the Committee on Board for the term of seven years expiring S. 471. A bill to amend title 28, United Commerce, Science, and Transportation. March 1, 2021. States Code, to increase transparency and EC–342. A communication from the Man- *Dennis Dean Kirk, of Virginia, to be a oversight of third-party litigation funding in agement and Program Analyst, Federal Member of the Merit Systems Protection certain actions, and for other purposes; to Aviation Administration, Department of Board for the term of seven years expiring the Committee on the Judiciary. Transportation, transmitting, pursuant to March 1, 2023. By Mr. MARKEY (for himself and Mr. law, the report of a rule entitled ‘‘Part 95 In- *Dennis Dean Kirk, of Virginia, to be BLUMENTHAL): strument Flight Rules; Miscellaneous Chairman of the Merit Systems Protection S. 472. A bill to amend title 49, United Amendments; Amendment No. 543’’ Board. States Code, to ensure that revenues col- ((RIN2120–AA63) (Docket No. 31228)) received lected from passengers as aviation security during adjournment of the Senate in the Of- *Nomination was reported with rec- fees are used to help finance the costs of fice of the President of the Senate on Feb- ommendation that it be confirmed sub- aviation security screening by repealing a ruary 8, 2019; to the Committee on Com- ject to the nominee’s commitment to requirement that a portion of such fees be merce, Science, and Transportation. respond to requests to appear and tes- credited as offsetting receipts and deposited EC–343. A communication from the Man- tify before any duly constituted com- in the general fund of the Treasury; to the agement and Program Analyst, Federal mittee of the Senate. Committee on Commerce, Science, and Aviation Administration, Department of Transportation. Transportation, transmitting, pursuant to f By Mr. BOOKER (for himself and Mr. law, the report of a rule entitled ‘‘Airworthi- INTRODUCTION OF BILLS AND PORTMAN): ness Directives; The Boeing Company Air- JOINT RESOLUTIONS S. 473. A bill to amend title 5, United planes’’ ((RIN2120–AA64) (Docket No. FAA– States Code, to include certain Federal posi- 2018–1066)) received during adjournment of The following bills and joint resolu- tions within the definition of law enforce- the Senate in the Office of the President of tions were introduced, read the first ment officer for retirement purposes, and for

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.018 S13FEPT1 S1326 CONGRESSIONAL RECORD — SENATE February 13, 2019

other purposes; to the Committee on Home- S. 484. A bill to require additional disclo- S. 135 land Security and Governmental Affairs. sures relating to donations to the Presi- At the request of Mr. THUNE, the By Mr. WYDEN (for himself, Mr. dential Inaugural Committee, and for other name of the Senator from South Da- CARDIN, Mr. CARPER, Mr. COONS, Ms. purposes; to the Committee on the Judici- kota (Mr. ROUNDS) was added as a co- DUCKWORTH, Ms. KLOBUCHAR, Mr. ary. MENENDEZ, Ms. STABENOW, and Mr. By Mr. MCCONNELL: sponsor of S. 135, a bill to prioritize the TESTER): S.J. Res. 8. A joint resolution recognizing allocation of H–2B visas for States with S. 474. A bill to amend title XI of the So- the duty of the Federal Government to cre- low unemployment rates. cial Security Act to require drug manufac- ate a Green New Deal; read the first time. S. 152 turers to publicly justify unnecessary price f At the request of Mr. COTTON, the increases; to the Committee on Finance. names of the Senator from Louisiana By Mr. WYDEN (for himself, Mr. BEN- SUBMISSION OF CONCURRENT AND NET, Mr. CARDIN, Ms. KLOBUCHAR, Mr. SENATE RESOLUTIONS (Mr. KENNEDY) and the Senator from Connecticut (Mr. BLUMENTHAL) were MERKLEY, and Mr. WHITEHOUSE): The following concurrent resolutions S. 475. A bill to amend title XVIII of the added as cosponsors of S. 152, a bill to and Senate resolutions were read, and Social Security Act to prevent catastrophic direct the President to impose pen- referred (or acted upon), as indicated: out-of-pocket spending on prescription drugs alties pursuant to denial orders with for seniors and individuals with disabilities; By Mr. BURR (for himself and Mr. respect to certain Chinese tele- MANCHIN): to the Committee on Finance. communications companies that are in By Mr. WYDEN (for himself, Mr. S. Res. 68. A resolution designating April 5, BROWN, Mr. CARPER, and Mr. 2019, as ‘‘Gold Star Wives Day’’ ; to the Com- violation of the export control or sanc- TESTER): mittee on the Judiciary. tions laws of the United States, and for S. 476. A bill to amend title XI and XVIII By Mr. BURR (for himself and Mr. other purposes. of the Social Security Act to provide greater MANCHIN): S. 172 transparency of discounts provided by drug S. Res. 69. A resolution designating March At the request of Mr. GARDNER, the manufacturers; to the Committee on Fi- 29, 2019, as ‘‘Vietnam Veterans Day’’ ; to the nance. Committee on the Judiciary. names of the Senator from Ohio (Mr. By Mr. MARKEY (for himself, Ms. HAR- By Mr. BLUNT: PORTMAN) and the Senator from North RIS, Ms. WARREN, Mr. VAN HOLLEN, S. Res. 70. An original resolution author- Dakota (Mr. CRAMER) were added as co- Mrs. SHAHEEN, Ms. KLOBUCHAR, Mr. izing expenditures by committees of the Sen- sponsors of S. 172, a bill to delay the re- MERKLEY, Mrs. GILLIBRAND, Mr. ate for the periods March 1, 2019 through imposition of the annual fee on health WYDEN, Mrs. FEINSTEIN, Mr. September 30, 2019, October 1, 2019 through insurance providers until after 2021. BLUMENTHAL, Mr. BOOKER, Mr. SAND- September 30, 2020, and October 1, 2020 S. 175 ERS, Mr. CARDIN, Ms. HIRONO, and Mr. through February 28, 2021; from the Com- LEAHY): mittee on Rules and Administration; placed At the request of Mrs. FEINSTEIN, the S. 477. A bill to authorize the National Oce- on the calendar. name of the Senator from Minnesota anic and Atmospheric Administration to es- By Mr. BOOZMAN (for himself and Mr. (Ms. KLOBUCHAR) was added as a co- tablish a Climate Change Education Pro- COTTON): sponsor of S. 175, a bill to improve agri- gram, and for other purposes; to the Com- S. Con. Res. 3. A concurrent resolution rec- ognizing the rich history, heritage, and stra- cultural job opportunities, benefits, mittee on Commerce, Science, and Transpor- and security for aliens in the United tation. tegic importance of the Republic of the Mar- By Mr. SANDERS (for himself, Mrs. shall Islands and the Marshallese population States, and for other purposes. GILLIBRAND, Mr. MERKLEY, Mr. BOOK- residing in the United States; to the Com- S. 178 ER, and Ms. HARRIS): mittee on Energy and Natural Resources. At the request of Mr. MENENDEZ, the S. 478. A bill to enhance Social Security f name of the Senator from Vermont benefits and ensure the long-term solvency ADDITIONAL COSPONSORS (Mr. LEAHY) was added as a cosponsor of the Social Security program; to the Com- of S. 178, a bill to condemn gross mittee on Finance. S. 22 human rights violations of ethnic By Mr. TOOMEY (for himself, Mr. At the request of Mr. CARDIN, the Turkic Muslims in Xinjiang, and call- BLUMENTHAL, Mrs. FEINSTEIN, and name of the Senator from Maryland ing for an end to arbitrary detention, Mr. DURBIN): (Mr. VAN HOLLEN) was added as a co- S. 479. A bill to revise section 48 of title 18, torture, and harassment of these com- sponsor of S. 22, a bill to amend title United States Code, and for other purposes; munities inside and outside China. to the Committee on the Judiciary. XVIII of the Social Security Act to S. 186 By Mr. RUBIO (for himself, Ms. CORTEZ provide for coverage of dental services MASTO, Mr. GARDNER, Mr. MARKEY, under the Medicare program. At the request of Ms. ERNST, the Mr. CORNYN, and Mr. COTTON): S. 63 name of the Senator from Indiana (Mr. S. 480. A bill to require an unclassified At the request of Mr. WHITEHOUSE, BRAUN) was added as a cosponsor of S. interagency report on the political influence the name of the Senator from Virginia 186, a bill to ensure timely completion operations of the Government of China and of the concurrent resolution on the the Communist Party of China with respect (Mr. KAINE) was added as a cosponsor of S. 63, a bill to implement the rec- budget and regular appropriations to the United States, and for other purposes; bills, and for other purposes. to the Committee on Foreign Relations. ommendations of the Joint Select By Ms. KLOBUCHAR (for herself and Committee on Budget and Appropria- S. 201 Mr. HOEVEN): tions Process Reform. At the request of Mr. MENENDEZ, the S. 481. A bill to encourage States to require S. 74 name of the Senator from California the installation of residential carbon mon- At the request of Mr. DAINES, the (Mrs. FEINSTEIN) was added as a co- oxide detectors in homes, and for other pur- sponsor of S. 201, a bill to amend title poses; to the Committee on Commerce, names of the Senator from New Hamp- Science, and Transportation. shire (Ms. HASSAN) and the Senator 13, United States Code, to make clear By Mr. GRAHAM (for himself, Mr. from Indiana (Mr. BRAUN) were added that each decennial census, as required MENENDEZ, Mr. GARDNER, Mr. CARDIN, as cosponsors of S. 74, a bill to prohibit for the apportionment of Representa- and Mrs. SHAHEEN): paying Members of Congress during pe- tives in Congress among the several S. 482. A bill to strengthen the North At- riods during which a Government shut- States, shall tabulate the total number lantic Treaty Organization, to combat inter- down is in effect, and for other pur- of persons in each State, and to provide national cybercrime, and to impose addi- that no information regarding United tional sanctions with respect to the Russian poses. Federation, and for other purposes; to the S. 91 States citizenship or immigration sta- Committee on Foreign Relations. At the request of Mr. GARDNER, the tus may be elicited in any such census. By Mr. ROBERTS (for himself, Ms. name of the Senator from Arkansas S. 225 STABENOW, and Mr. UDALL): (Mr. COTTON) was added as a cosponsor At the request of Mr. ISAKSON, the S. 483. A bill to enact into law a bill by ref- of S. 91, a bill to amend title 38, United name of the Senator from Mississippi erence; read the first time. States Code, to authorize per diem pay- (Mr. WICKER) was added as a cosponsor By Ms. CORTEZ MASTO (for herself, Mr. WHITEHOUSE, Mr. MARKEY, Ms. ments under comprehensive service of S. 225, a bill to provide for partner- KLOBUCHAR, Mr. BLUMENTHAL, Mr. programs for homeless veterans to fur- ships among State and local govern- VAN HOLLEN, Ms. WARREN, Mrs. FEIN- nish care to dependents of homeless ments, regional entities, and the pri- STEIN, and Mr. UDALL): veterans, and for other purposes. vate sector to preserve, conserve, and

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.023 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1327 enhance the visitor experience at na- S. CON. RES. 1 (D) global temperatures must be kept tionally significant battlefields of the At the request of Mr. DURBIN, his below 1.5 degrees Celsius above pre-industri- American Revolution, War of 1812, and name was added as a cosponsor of S. alized levels to avoid the most severe im- Civil War, and for other purposes. Con. Res. 1, a concurrent resolution pacts of a changing climate, which will re- quire— S. 266 calling for credible, transparent, and safe elections in Nigeria, and for other (i) global reductions in greenhouse gas At the request of Mr. REED, the name emissions from human sources of 40 to 60 of the Senator from Michigan (Ms. purposes. percent from 2010 levels by 2030; and STABENOW) was added as a cosponsor of S. RES. 65 (ii) net-zero global emissions by 2050; S. 266, a bill to provide for the long- At the request of Mr. JOHNSON, the (2) because the United States has histori- term improvement of public school fa- name of the Senator from Mississippi cally been responsible for a disproportionate cilities, and for other purposes. (Mr. WICKER) was added as a cosponsor amount of greenhouse gas emissions, having emitted 20 percent of global greenhouse gas S. 285 of S. Res. 65, a resolution congratu- lating the Hellenic Republic and the emissions through 2014, and has a high tech- At the request of Ms. ERNST, the nological capacity, the United States must names of the Senator from Louisiana Republic of North Macedonia on ratifi- cation of the Prespa Agreement, which take a leading role in reducing emissions (Mr. KENNEDY) and the Senator from resolves a long-standing bilateral dis- through economic transformation; Oklahoma (Mr. LANKFORD) were added pute and establishes a strategic part- (3) the United States is currently experi- as cosponsors of S. 285, a bill to require encing several related crises, with— nership between the 2 countries. U.S. Immigration and Customs En- (A) life expectancy declining while basic forcement to take into custody certain S. RES. 66 needs, such as clean air, clean water, healthy aliens who have been charged in the At the request of Mrs. FEINSTEIN, the food, and adequate health care, housing, United States with a crime that re- name of the Senator from Maryland transportation, and education, are inacces- (Mr. VAN HOLLEN) was added as a co- sible to a significant portion of the United sulted in the death or serious bodily in- sponsor of S. Res. 66, a resolution re- States population; jury of another person, and for other jecting the use of Government shut- (B) a 4-decade trend of wage stagnation, purposes. downs. deindustrialization, and anti-labor policies S. 287 that has led to— f At the request of Mr. TOOMEY, the (i) hourly wages overall stagnating since name of the Senator from Utah (Mr. STATEMENTS ON INTRODUCED the 1970s despite increased worker produc- tivity; LEE) was added as a cosponsor of S. 287, BILLS AND JOINT RESOLUTIONS (ii) the third-worst level of socioeconomic a bill to amend the Trade Expansion mobility in the developed world before the Act of 1962 to impose limitations on By Mr. MCCONNELL: Great Recession; the authority of the President to ad- S.J. Res. 8. A joint resolution recog- (iii) the erosion of the earning and bar- just imports that are determined to nizing the duty of the Federal Govern- gaining power of workers in the United threaten to impair national security, ment to create a Green New Deal; read States; and and for other purposes. the first time. (iv) inadequate resources for public sector workers to confront the challenges of cli- S. 293 Mr. MCCONNELL. Mr. President, I mate change at local, State, and Federal lev- At the request of Mr. CASSIDY, the ask unanimous consent that the text of els; and name of the Senator from Louisiana the joint resolution be printed in the (C) the greatest income inequality since (Mr. KENNEDY) was added as a cospon- RECORD. the 1920s, with— sor of S. 293, a bill to enhance border There being no objection, the text of (i) the top 1 percent of earners accruing 91 security to reduce drug trafficking and the joint resolution was ordered to be percent of gains in the first few years of eco- related money laundering. printed in the RECORD, as follows: nomic recovery after the Great Recession; S. 296 S.J. RES. 8 (ii) a large racial wealth divide amounting to a difference of 20 times more wealth be- At the request of Ms. COLLINS, the Resolved by the Senate and House of Rep- tween the average White family and the av- name of the Senator from North Da- resentatives of the United States of America in Congress assembled, erage Black family; and kota (Mr. HOEVEN) was added as a co- SECTION 1. FINDINGS. (iii) a gender earnings gap that results in sponsor of S. 296, a bill to amend XVIII Congress finds that— women earning approximately 80 percent as of the Social Security Act to ensure (1) the October 2018 report entitled ‘‘Spe- much as men, at the median; more timely access to home health cial Report on Global Warming of 1.5 C’’ by (4) climate change, pollution, and environ- services for Medicare beneficiaries the Intergovernmental Panel on Climate mental destruction have exacerbated sys- under the Medicare program. Change and the November 2018 Fourth Na- temic racial, regional, social, environmental, and economic injustices (referred to in this S. 362 tional Climate Assessment report found that— section as ‘‘systemic injustices’’) by dis- At the request of Mr. WYDEN, the (A) human activity is the dominant cause proportionately affecting indigenous peoples, name of the Senator from Montana of observed climate change over the past communities of color, migrant communities, (Mr. TESTER) was added as a cosponsor century; deindustrialized communities, depopulated of S. 362, a bill to amend the Internal (B) a changing climate is causing sea levels rural communities, the poor, low-income Revenue Code of 1986 to reform tax- to rise and an increase in wildfires, severe workers, women, the elderly, the unhoused, ation of alcoholic beverages. storms, droughts, and other extreme weather people with disabilities, and youth (referred events that threaten human life, healthy to in this section as ‘‘frontline and vulner- S. 380 communities, and critical infrastructure; able communities’’); At the request of Mr. JOHNSON, the (C) global warming at or above 2 degrees (5) climate change constitutes a direct name of the Senator from Arizona (Ms. Celsius beyond pre-industrialized levels will threat to the national security of the United SINEMA) was added as a cosponsor of S. cause— States— 380, a bill to increase access to agency (i) mass migration from the regions most (A) by impacting the economic, environ- guidance documents. affected by climate change; mental, and social stability of countries and S. 415 (ii) more than $500,000,000,000 in lost annual communities around the world; and economic output in the United States by the (B) by acting as a threat multiplier; At the request of Ms. KLOBUCHAR, the year 2100; (6) the Federal Government-led mobiliza- name of the Senator from Connecticut (iii) wildfires that, by 2050, will annually tions during World War II and the New Deal (Mr. BLUMENTHAL) was added as a co- burn at least twice as much forest area in created the greatest middle class that the sponsor of S. 415, a bill to provide im- the western United States than was typi- United States has ever seen, but many mem- migration status for certain battered cally burned by wildfires in the years pre- bers of frontline and vulnerable communities spouses and children. ceding 2019; were excluded from many of the economic S. 459 (iv) a loss of more than 99 percent of all and societal benefits of those mobilizations; At the request of Mr. MENENDEZ, the coral reefs on Earth; and name of the Senator from Connecticut (v) more than 350,000,000 more people to be (7) a new national, social, industrial, and exposed globally to deadly heat stress by economic mobilization on a scale not seen (Mr. BLUMENTHAL) was added as a co- 2050; and since World War II and the New Deal era is sponsor of S. 459, a bill to protect the (vi) a risk of damage to $1,000,000,000,000 of a historic opportunity— American people from undetectable public infrastructure and coastal real estate (A) to create millions of good, high-wage ghost guns, and for other purposes. in the United States; and jobs in the United States;

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.026 S13FEPT1 S1328 CONGRESSIONAL RECORD — SENATE February 13, 2019 (B) to provide unprecedented levels of pros- (i) by supporting family farming; and economic, social, and environmental perity and economic security for all people (ii) by investing in sustainable farming and benefits in frontline and vulnerable commu- of the United States; and land use practices that increase soil health; nities, and deindustrialized communities, (C) to counteract systemic injustices. and that may otherwise struggle with the transi- SEC. 2. GREEN NEW DEAL POLICY. (iii) by building a more sustainable food tion away from greenhouse gas intensive in- It is the policy of the United States that— system that ensures universal access to dustries; (1) it is the duty of the Federal Govern- healthy food; (F) ensuring the use of democratic and ment to create a Green New Deal— (H) overhauling transportation systems in participatory processes that are inclusive of (A) to achieve net-zero greenhouse gas the United States to remove pollution and and led by frontline and vulnerable commu- emissions through a fair and just transition greenhouse gas emissions from the transpor- nities and workers to plan, implement, and for all communities and workers; tation sector as much as is technologically administer the Green New Deal mobilization (B) to create millions of good, high-wage feasible, including through investment in— at the local level; jobs and ensure prosperity and economic se- (i) zero-emission vehicle infrastructure and (G) ensuring that the Green New Deal mo- curity for all people of the United States; manufacturing; bilization creates high-quality union jobs (C) to invest in the infrastructure and in- (ii) clean, affordable, and accessible public that pay prevailing wages, hires local work- dustry of the United States to sustainably transit; and ers, offers training and advancement oppor- (iii) high-speed rail; tunities, and guarantees wage and benefit meet the challenges of the 21st century; (I) mitigating and managing the long-term parity for workers affected by the transition; (D) to secure for all people of the United adverse health, economic, and other effects (H) guaranteeing a job with a family-sus- States for generations to come— of pollution and climate change, including taining wage, adequate family and medical (i) clean air and water; by providing funding for community-defined leave, paid vacations, and retirement secu- (ii) climate and community resiliency; projects and strategies; rity to all people of the United States; (iii) healthy food; (J) removing greenhouse gases from the at- (I) strengthening and protecting the right (iv) access to nature; and mosphere and reducing pollution by restor- of all workers to organize, unionize, and col- (v) a sustainable environment; and ing natural ecosystems through proven low- lectively bargain free of coercion, intimida- (E) to promote justice and equity by stop- tech solutions that increase soil carbon stor- tion, and harassment; ping current, preventing future, and repair- age, such as land preservation and (J) strengthening and enforcing labor, ing historic oppression of indigenous peoples, afforestation; workplace health and safety, antidiscrimina- communities of color, migrant communities, (K) restoring and protecting threatened, tion, and wage and hour standards across all deindustrialized communities, depopulated endangered, and fragile ecosystems through employers, industries, and sectors; rural communities, the poor, low-income locally appropriate and science-based (K) enacting and enforcing trade rules, pro- workers, women, the elderly, the unhoused, projects that enhance biodiversity and sup- curement standards, and border adjustments people with disabilities, and youth (referred port climate resiliency; with strong labor and environmental protec- to in this section as ‘‘frontline and vulner- (L) cleaning up existing hazardous waste tions— able communities’’); and abandoned sites, ensuring economic de- (i) to stop the transfer of jobs and pollu- (2) the goals described in subparagraphs (A) velopment and sustainability on those sites; tion overseas; and through (E) of paragraph (1) (referred to in (M) identifying other emission and pollu- (ii) to grow domestic manufacturing in the this section as the ‘‘Green New Deal goals’’) tion sources and creating solutions to re- United States; should be accomplished through a 10-year na- move them; and (L) ensuring that public lands, waters, and tional mobilization (referred to in this sec- (N) promoting the international exchange oceans are protected and that eminent do- tion as the ‘‘Green New Deal mobilization’’) of technology, expertise, products, funding, main is not abused; that will require the following goals and and services, with the aim of making the (M) obtaining the free, prior, and informed projects— United States the international leader on consent of indigenous peoples for all deci- (A) building resiliency against climate climate action, and to help other countries sions that affect indigenous peoples and change-related disasters, such as extreme achieve a Green New Deal; their traditional territories, honoring all weather, including by leveraging funding and (3) a Green New Deal must be developed treaties and agreements with indigenous providing investments for community-de- through transparent and inclusive consulta- peoples, and protecting and enforcing the fined projects and strategies; tion, collaboration, and partnership with sovereignty and land rights of indigenous (B) repairing and upgrading the infrastruc- frontline and vulnerable communities, labor peoples; ture in the United States, including— unions, worker cooperatives, civil society (N) ensuring a commercial environment (i) by eliminating pollution and green- groups, academia, and businesses; and where every businessperson is free from un- house gas emissions as much as techno- (4) to achieve the Green New Deal goals fair competition and domination by domes- logically feasible; and mobilization, a Green New Deal will re- tic or international monopolies; and (ii) by guaranteeing universal access to quire the following goals and projects— (O) providing all people of the United clean water; (A) providing and leveraging, in a way that States with— (iii) by reducing the risks posed by climate ensures that the public receives appropriate (i) high-quality health care; impacts; and ownership stakes and returns on investment, (ii) affordable, safe, and adequate housing; (iv) by ensuring that any infrastructure adequate capital (including through commu- (iii) economic security; and bill considered by Congress addresses cli- nity grants, public banks, and other public (iv) clean water, clean air, healthy and af- mate change; financing), technical expertise, supporting fordable food, and access to nature. (C) meeting 100 percent of the power de- policies, and other forms of assistance to f mand in the United States through clean, re- communities, organizations, Federal, State, newable, and zero-emission energy sources, and local government agencies, and busi- SUBMITTED RESOLUTIONS including— nesses working on the Green New Deal mobi- (i) by dramatically expanding and upgrad- lization; SENATE RESOLUTION 68—DESIG- ing renewable power sources; and (B) ensuring that the Federal Government NATING APRIL 5, 2019, AS ‘‘GOLD (ii) by deploying new capacity; takes into account the complete environ- STAR WIVES DAY’’ (D) building or upgrading to energy-effi- mental and social costs and impacts of emis- Mr. BURR (for himself and Mr. cient, distributed, and ‘‘smart’’ power grids, sions through— MANCHIN) submitted the following reso- and ensuring affordable access to electricity; (i) existing laws; lution; which was referred to the Com- (E) upgrading all existing buildings in the (ii) new policies and programs; and United States and building new buildings to (iii) ensuring that frontline and vulnerable mittee on the Judiciary: achieve maximum energy efficiency, water communities shall not be adversely affected; S. RES. 68 efficiency, safety, affordability, comfort, and (C) providing resources, training, and high- Whereas the Senate honors the sacrifices durability, including through electrification; quality education, including higher edu- made by the spouses and families of the fall- (F) spurring massive growth in clean man- cation, to all people of the United States, en members of the Armed Forces of the ufacturing in the United States and remov- with a focus on frontline and vulnerable United States; ing pollution and greenhouse gas emissions communities, so that all people of the United Whereas Gold Star Wives of America, Inc. from manufacturing and industry as much as States may be full and equal participants in represents the spouses and families of the is technologically feasible, including by ex- the Green New Deal mobilization; members and veterans of the Armed Forces panding renewable energy manufacturing (D) making public investments in the re- of the United States who have died on active and investing in existing manufacturing and search and development of new clean and re- duty or as a result of a service-connected dis- industry; newable energy technologies and industries; ability; (G) working collaboratively with farmers (E) directing investments to spur economic Whereas the primary mission of Gold Star and ranchers in the United States to remove development, deepen and diversify industry Wives of America, Inc. is to provide services, pollution and greenhouse gas emissions from and business in local and regional economies, support, and friendship to the spouses of the the agricultural sector as much as is techno- and build wealth and community ownership, fallen members and veterans of the Armed logically feasible, including— while prioritizing high-quality job creation Forces of the United States;

VerDate Sep 11 2014 04:27 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.027 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1329 Whereas, in 1945, Gold Star Wives of Amer- Whereas, by September 1965, between (E) promote opportunities for veterans of ica, Inc. was organized with the help of Elea- 150,000 and 190,000 troops of the Armed Forces the Vietnam War— nor Roosevelt to assist the families left be- of the United States were in Vietnam, and by (i) to assist younger veterans returning hind by the fallen members and veterans of 1969, the number of such troops reached a from the wars in Iraq and Afghanistan in re- the Armed Forces of the United States; peak of approximately 549,500, including habilitation from wounds, both seen and un- Whereas the first meeting of Gold Star members of the Armed Forces who were sup- seen; and Wives of America, Inc. was held on April 5, porting the combat operations from Thai- (ii) to support the reintegration of younger 1945; land, Cambodia, Laos, and aboard Navy ves- veterans into civilian life. Whereas April 5, 2019, marks the 74th anni- sels; f versary of the first meeting of Gold Star Whereas, on January 27, 1973, the Agree- Wives of America, Inc.; ment on Ending the War and Restoring SENATE RESOLUTION 70—AUTHOR- Whereas the members and veterans of the Peace in Viet-Nam (commonly known as the IZING EXPENDITURES BY COM- Armed Forces of the United States bear the ‘‘Paris Peace Accords’’) was signed, which re- MITTEES OF THE SENATE FOR burden of protecting the freedom of the peo- quired the release of all prisoners-of-war of THE PERIODS MARCH 1, 2019 ple of the United States; and the United States held in North Vietnam and THROUGH SEPTEMBER 30, 2019, Whereas the sacrifices of the families of the withdrawal of all Armed Forces of the the fallen members and veterans of the United States from South Vietnam; OCTOBER 1, 2019 THROUGH SEP- Armed Forces of the United States should Whereas, on March 29, 1973, the Armed TEMBER 30, 2020, AND OCTOBER 1, never be forgotten: Now, therefore, be it Forces of the United States completed the 2020 THROUGH FEBRUARY 28, 2021 Resolved, That the Senate— withdrawal of combat units and combat sup- Mr. BLUNT submitted the following (1) designates April 5, 2019, as ‘‘Gold Star port units from South Vietnam; Wives Day’’; Whereas, on April 30, 1975, North Viet- resolution; which was from the Com- (2) honors and recognizes— namese regular forces captured Saigon, the mittee on Rules and Administration; (A) the contributions of the members of capital of South Vietnam, effectively placing placed on the calendar: Gold Star Wives of America, Inc.; and South Vietnam under Communist control; S. RES. 70 (B) the dedication of the members of Gold Whereas more than 58,000 members of the Resolved, Star Wives of America, Inc. to the members Armed Forces of the United States lost their SECTION 1. AGGREGATE AUTHORIZATION. and veterans of the Armed Forces of the lives in the Vietnam War, and more than United States; and 300,000 members of the Armed Forces of the (a) IN GENERAL.—For purposes of carrying (3) encourages the people of the United United States were wounded in Vietnam; out the powers, duties, and functions under States to observe Gold Star Wives Day to Whereas, in 1982, the Vietnam Veterans the Standing Rules of the Senate, and under promote awareness of— Memorial was dedicated in the District of the appropriate authorizing resolutions of (A) the contributions and dedication of the Columbia to commemorate the members of the Senate, there is authorized for the period members of Gold Star Wives of America, Inc. the Armed Forces of the United States who March 1, 2019 through September 30, 2019, in to the members and veterans of the Armed died or were declared missing-in-action in the aggregate of $62,440,527, for the period Forces of the United States; and Vietnam; October 1, 2019 through September 30, 2020, in (B) the important role that Gold Star Whereas the Vietnam War was an ex- the aggregate of $107,021,881, and for the pe- Wives of America, Inc. plays in the lives of tremely divisive issue among the people of riod October 1, 2020 through February 28, the spouses and families of the fallen mem- the United States and a conflict that caused 2021, in the aggregate of $44,592,452, in ac- bers and veterans of the Armed Forces of the a generation of veterans to wait too long for cordance with the provisions of this resolu- United States. the public of the United States to acknowl- tion, for standing committees of the Senate, edge and honor the efforts and services of the Special Committee on Aging, the Select Committee on Intelligence, and the Com- SENATE RESOLUTION 69—DESIG- those veterans; Whereas members of the Armed Forces mittee on Indian Affairs. NATING MARCH 29, 2019, AS who served bravely and faithfully for the (b) AGENCY CONTRIBUTIONS.—There are au- ‘‘VIETNAM VETERANS DAY’’ United States during the Vietnam War were thorized to be paid from the appropriations Mr. BURR (for himself and Mr. often wrongly criticized for the decisions of account for ‘‘Expenses of Inquiries and Inves- tigations’’ of the Senate such sums as may MANCHIN) submitted the following reso- policymakers that were beyond the control of those members; and be necessary for agency contributions re- lution; which was referred to the Com- lated to the compensation of employees of mittee on the Judiciary: Whereas designating March 29, 2019, as ‘‘Vietnam Veterans Day’’ would be an appro- the committees for the period March 1, 2019 S. RES. 69 priate way to honor the members of the through September 30, 2019, for the period Whereas the Vietnam War was fought in Armed Forces of the United States who October 1, 2019 through September 30, 2020, the Republic of Vietnam from 1955 to 1975 served in South Vietnam and throughout and for the period October 1, 2020 through and involved regular forces from the Demo- Southeast Asia during the Vietnam War: February 28, 2021. cratic Republic of Vietnam and Viet Cong Now, therefore, be it (c) EXPENSES.— guerrilla forces in armed conflict with the Resolved, That the Senate— (1) IN GENERAL.—Except as provided in Armed Forces of the United States, the (1) designates March 29, 2019, as ‘‘Vietnam paragraph (2), expenses of each standing armed forces of allies of the United States, Veterans Day’’; committee of the Senate, the Special Com- and the armed forces of the Republic of Viet- (2) honors and recognizes the contributions mittee on Aging, the Select Committee on nam; of the veterans of the Armed Forces of the Intelligence, and the Committee on Indian Whereas the Armed Forces of the United United States who served in Vietnam during Affairs under this resolution shall be paid States became involved in Vietnam because war and during peace; from the contingent fund of the Senate upon the United States Government wanted to (3) encourages States and local govern- vouchers approved by the chairman of the provide direct support by the Armed Forces ments to designate March 29, 2019, as ‘‘Viet- applicable committee. to the Government of the Republic of Viet- nam Veterans Day’’; and (2) VOUCHERS NOT REQUIRED.—Vouchers nam to defend against the growing threat of (4) encourages the people of the United shall not be required for— Communism from the Democratic Republic States to observe Vietnam Veterans Day (A) the disbursement of salaries of employ- of Vietnam; with appropriate ceremonies and activities ees paid at an annual rate; Whereas members of the Armed Forces of that— (B) the payment of telecommunications the United States began serving in an advi- (A) provide the appreciation that veterans provided by the Office of the Sergeant at sory role to the Government of South Viet- of the Vietnam War deserve; Arms and Doorkeeper; nam in 1955; (B) demonstrate the resolve that the peo- (C) the payment of stationery supplies pur- Whereas, as a result of the incidents in the ple of the United States shall never forget chased through the Keeper of the Stationery; Gulf of Tonkin on August 2 and 4, 1964, Con- the sacrifices and service of a generation of (D) payments to the Postmaster of the gress approved the Gulf of Tonkin Resolu- veterans who served in the Vietnam War; Senate; tion (Public Law 88–408) by an overwhelming (C) promote awareness of the faithful serv- (E) the payment of metered charges on majority on August 7, 1964, which provided to ice and contributions of the veterans of the copying equipment provided by the Office of the President of the United States the au- Vietnam War— the Sergeant at Arms and Doorkeeper; thority to use armed force to assist the Re- (i) during service in the Armed Forces of (F) the payment of Senate Recording and public of Vietnam in the defense of its free- the United States; and Photographic Services; or dom against the Democratic Republic of (ii) to the communities of the veterans (G) the payment of franked and mass mail Vietnam; since returning home; costs by the Sergeant at Arms and Door- Whereas, in 1965, ground combat units of (D) promote awareness of the importance keeper. the Armed Forces of the United States ar- of entire communities empowering veterans SEC. 2. COMMITTEE ON AGRICULTURE, NUTRI- rived in the Republic of Vietnam to join ap- and the families of veterans in helping the TION, AND FORESTRY. proximately 23,000 personnel of the Armed veterans readjust to civilian life after serv- (a) GENERAL AUTHORITY.—In carrying out Forces who were already present there; ice in the Armed Forces; and its powers, duties, and functions under the

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.028 S13FEPT1 S1330 CONGRESSIONAL RECORD — SENATE February 13, 2019 Standing Rules of the Senate, in accordance mittee for the period March 1, 2019 through vidual consultants, or organizations thereof with its jurisdiction under rule XXV of the September 30, 2019 under this section shall (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, including not exceed $4,162,229, of which amount— lative Reorganization Act of 1946 (2 U.S.C. holding hearings, reporting such hearings, (1) not to exceed $51,333 may be expended 4301(i))); and and making investigations as authorized by for the procurement of the services of indi- (2) not to exceed $1,500 may be expended for paragraphs 1 and 8 of rule XXVI of the vidual consultants, or organizations thereof the training of the professional staff of such Standing Rules of the Senate, the Com- (as authorized by section 202(i) of the Legis- committee (under procedures specified by mittee on Agriculture, Nutrition, and For- lative Reorganization Act of 1946 (2 U.S.C. section 202(j) of that Act). estry is authorized from March 1, 2019 4301(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY through February 28, 2021, in its discretion— (2) not to exceed $19,250 may be expended 28, 2021.—The expenses of the committee for (1) to make expenditures from the contin- for the training of the professional staff of the period October 1, 2020 through February gent fund of the Senate; such committee (under procedures specified 28, 2021 under this section shall not exceed (2) to employ personnel; and by section 202(j) of that Act). $2,317,085, of which amount— (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2020 PE- (1) not to exceed $8,334 may be expended for ment department or agency concerned and RIOD.—The expenses of the committee for the the procurement of the services of individual the Committee on Rules and Administration, period October 1, 2019 through September 30, consultants, or organizations thereof (as au- to use on a reimbursable, or nonreimburs- 2020 under this section shall not exceed thorized by section 202(i) of the Legislative able, basis the services of personnel of any $7,135,250, of which amount— Reorganization Act of 1946 (2 U.S.C. 4301(i))); such department or agency. (1) not to exceed $88,000 may be expended and (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- (2) not to exceed $625 may be expended for TEMBER 30, 2019.—The expenses of the com- vidual consultants, or organizations thereof the training of the professional staff of such mittee for the period March 1, 2019 through (as authorized by section 202(i) of the Legis- committee (under procedures specified by September 30, 2019 under this section shall lative Reorganization Act of 1946 (2 U.S.C. section 202(j) of that Act). not exceed $2,758,627, of which amount— 4301(i))); and SEC. 5. COMMITTEE ON THE BUDGET. (1) not to exceed $200,000 may be expended (2) not to exceed $33,000 may be expended (a) GENERAL AUTHORITY.—In carrying out for the procurement of the services of indi- for the training of the professional staff of its powers, duties, and functions under the vidual consultants, or organizations thereof such committee (under procedures specified Standing Rules of the Senate, in accordance (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). with its jurisdiction under rule XXV of the lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY Standing Rules of the Senate, including 4301(i))); and 28, 2021.—The expenses of the committee for holding hearings, reporting such hearings, (2) not to exceed $40,000 may be expended the period October 1, 2020 through February and making investigations as authorized by for the training of the professional staff of 28, 2021 under this section shall not exceed paragraphs 1 and 8 of rule XXVI of the such committee (under procedures specified $2,973,021, of which amount— Standing Rules of the Senate, the Com- by section 202(j) of that Act). (1) not to exceed $36,667 may be expended mittee on the Budget is authorized from (c) EXPENSES FOR FISCAL YEAR 2020 PE- for the procurement of the services of indi- March 1, 2019 through February 28, 2021, in RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof its discretion— period October 1, 2019 through September 30, (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- 2020 under this section shall not exceed lative Reorganization Act of 1946 (2 U.S.C. gent fund of the Senate; $4,729,075, of which amount— 4301(i))); and (2) to employ personnel; and (1) not to exceed $200,000 may be expended (2) not to exceed $13,750 may be expended (3) with the prior consent of the Govern- for the procurement of the services of indi- for the training of the professional staff of ment department or agency concerned and vidual consultants, or organizations thereof such committee (under procedures specified the Committee on Rules and Administration, (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- lative Reorganization Act of 1946 (2 U.S.C. SEC. 4. COMMITTEE ON BANKING, HOUSING, AND able, basis the services of personnel of any 4301(i))); and URBAN AFFAIRS. such department or agency. (2) not to exceed $40,000 may be expended (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- for the training of the professional staff of its powers, duties, and functions under the TEMBER 30, 2019.—The expenses of the com- such committee (under procedures specified Standing Rules of the Senate, in accordance mittee for the period March 1, 2019 through by section 202(j) of that Act). with its jurisdiction under rule XXV of the September 30, 2019 under this section shall (d) EXPENSES FOR PERIOD ENDING FEBRUARY Standing Rules of the Senate, including not exceed $3,534,372, of which amount— 28, 2021.—The expenses of the committee for holding hearings, reporting such hearings, (1) not to exceed $15,000 may be expended the period October 1, 2020 through February and making investigations as authorized by for the procurement of the services of indi- 28, 2021 under this section shall not exceed paragraphs 1 and 8 of rule XXVI of the vidual consultants, or organizations thereof $1,970,448, of which amount— Standing Rules of the Senate, the Com- (as authorized by section 202(i) of the Legis- (1) not to exceed $200,000 may be expended mittee on Banking, Housing, and Urban Af- lative Reorganization Act of 1946 (2 U.S.C. for the procurement of the services of indi- fairs is authorized from March 1, 2019 4301(i))); and vidual consultants, or organizations thereof through February 28, 2021, in its discretion— (2) not to exceed $18,000 may be expended (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- for the training of the professional staff of lative Reorganization Act of 1946 (2 U.S.C. gent fund of the Senate; such committee (under procedures specified 4301(i))); and (2) to employ personnel; and by section 202(j) of that Act). (2) not to exceed $40,000 may be expended (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2020 PE- for the training of the professional staff of ment department or agency concerned and RIOD.—The expenses of the committee for the such committee (under procedures specified the Committee on Rules and Administration, period October 1, 2019 through September 30, by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- 2020 under this section shall not exceed SEC. 3. COMMITTEE ON ARMED SERVICES. able, basis the services of personnel of any $6,058,924, of which amount— (a) GENERAL AUTHORITY.—In carrying out such department or agency. (1) not to exceed $40,000 may be expended its powers, duties, and functions under the (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- Standing Rules of the Senate, in accordance TEMBER 30, 2019.—The expenses of the com- vidual consultants, or organizations thereof with its jurisdiction under rule XXV of the mittee for the period March 1, 2019 through (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, including September 30, 2019 under this section shall lative Reorganization Act of 1946 (2 U.S.C. holding hearings, reporting such hearings, not exceed $3,243,919, of which amount— 4301(i))); and and making investigations as authorized by (1) not to exceed $11,666 may be expended (2) not to exceed $30,000 may be expended paragraphs 1 and 8 of rule XXVI of the for the procurement of the services of indi- for the training of the professional staff of Standing Rules of the Senate, the Com- vidual consultants, or organizations thereof such committee (under procedures specified mittee on Armed Services is authorized from (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). March 1, 2019 through February 28, 2021, in lative Reorganization Act of 1946 (2 U.S.C. (d) EXPENSES FOR PERIOD ENDING FEBRUARY its discretion— 4301(i))); and 28, 2021.—The expenses of the committee for (1) to make expenditures from the contin- (2) not to exceed $875 may be expended for the period October 1, 2020 through February gent fund of the Senate; the training of the professional staff of such 28, 2021 under this section shall not exceed (2) to employ personnel; and committee (under procedures specified by $2,524,552, of which amount— (3) with the prior consent of the Govern- section 202(j) of that Act). (1) not to exceed $10,000 may be expended ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2020 PE- for the procurement of the services of indi- the Committee on Rules and Administration, RIOD.—The expenses of the committee for the vidual consultants, or organizations thereof to use on a reimbursable, or nonreimburs- period October 1, 2019 through September 30, (as authorized by section 202(i) of the Legis- able, basis the services of personnel of any 2020 under this section shall not exceed lative Reorganization Act of 1946 (2 U.S.C. such department or agency. $5,561,004, of which amount— 4301(i))); and (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $20,000 may be expended (2) not to exceed $10,000 may be expended TEMBER 30, 2019.—The expenses of the com- for the procurement of the services of indi- for the training of the professional staff of

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1331

such committee (under procedures specified (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2020 PE- by section 202(j) of that Act). ment department or agency concerned and RIOD.—The expenses of the committee for the SEC. 6. COMMITTEE ON COMMERCE, SCIENCE, the Committee on Rules and Administration, period October 1, 2019 through September 30, AND TRANSPORTATION. to use on a reimbursable, or nonreimburs- 2020 under this section shall not exceed (a) GENERAL AUTHORITY.—In carrying out able, basis the services of personnel of any $5,457,399, of which amount— its powers, duties, and functions under the such department or agency. (1) not to exceed $8,000 may be expended for Standing Rules of the Senate, in accordance (b) EXPENSES FOR PERIOD ENDING SEP- the procurement of the services of individual with its jurisdiction under rule XXV of the TEMBER 30, 2019.—The expenses of the com- consultants, or organizations thereof (as au- Standing Rules of the Senate, including mittee for the period March 1, 2019 through thorized by section 202(i) of the Legislative holding hearings, reporting such hearings, September 30, 2019 under this section shall Reorganization Act of 1946 (2 U.S.C. 4301(i))); and making investigations as authorized by not exceed $3,348,303, of which amount— and paragraphs 1 and 8 of rule XXVI of the (1) not to exceed $17,500 may be expended (2) not to exceed $2,000 may be expended for Standing Rules of the Senate, the Com- for the procurement of the services of indi- the training of the professional staff of such mittee on Commerce, Science, and Transpor- vidual consultants, or organizations thereof committee (under procedures specified by (as authorized by section 202(i) of the Legis- tation is authorized from March 1, 2019 section 202(j) of that Act). lative Reorganization Act of 1946 (2 U.S.C. through February 28, 2021, in its discretion— (d) EXPENSES FOR PERIOD ENDING FEBRUARY 4301(i))); and (1) to make expenditures from the contin- 28, 2021.—The expenses of the committee for (2) not to exceed $8,750 may be expended for gent fund of the Senate; the period October 1, 2020 through February the training of the professional staff of such (2) to employ personnel; and 28, 2021 under this section shall not exceed committee (under procedures specified by (3) with the prior consent of the Govern- $2,273,917, of which amount— section 202(j) of that Act). ment department or agency concerned and (1) not to exceed $3,334 may be expended for (c) EXPENSES FOR FISCAL YEAR 2020 PE- the procurement of the services of individual the Committee on Rules and Administration, RIOD.—The expenses of the committee for the consultants, or organizations thereof (as au- to use on a reimbursable, or nonreimburs- period October 1, 2019 through September 30, able, basis the services of personnel of any 2020 under this section shall not exceed thorized by section 202(i) of the Legislative such department or agency. $5,739,948, of which amount— Reorganization Act of 1946 (2 U.S.C. 4301(i))); (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $30,000 may be expended and TEMBER 30, 2019.—The expenses of the com- for the procurement of the services of indi- (2) not to exceed $834 may be expended for mittee for the period March 1, 2019 through vidual consultants, or organizations thereof the training of the professional staff of such September 30, 2019 under this section shall (as authorized by section 202(i) of the Legis- committee (under procedures specified by not exceed $4,155,132, of which amount— lative Reorganization Act of 1946 (2 U.S.C. section 202(j) of that Act). (1) not to exceed $50,000 may be expended 4301(i))); and SEC. 9. COMMITTEE ON FINANCE. for the procurement of the services of indi- (2) not to exceed $15,000 may be expended (a) GENERAL AUTHORITY.—In carrying out vidual consultants, or organizations thereof for the training of the professional staff of its powers, duties, and functions under the (as authorized by section 202(i) of the Legis- such committee (under procedures specified Standing Rules of the Senate, in accordance lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). with its jurisdiction under rule XXV of the 4301(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY Standing Rules of the Senate, including (2) not to exceed $50,000 may be expended 28, 2021.—The expenses of the committee for holding hearings, reporting such hearings, for the training of the professional staff of the period October 1, 2020 through February and making investigations as authorized by such committee (under procedures specified 28, 2021 under this section shall not exceed paragraphs 1 and 8 of rule XXVI of the by section 202(j) of that Act). $2,391,645, of which amount— Standing Rules of the Senate, the Com- (c) EXPENSES FOR FISCAL YEAR 2020 PE- (1) not to exceed $12,500 may be expended mittee on Finance is authorized from March RIOD.—The expenses of the committee for the for the procurement of the services of indi- 1, 2019 through February 28, 2021, in its dis- period October 1, 2019 through September 30, vidual consultants, or organizations thereof cretion— 2020 under this section shall not exceed (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- $7,104,057, of which amount— lative Reorganization Act of 1946 (2 U.S.C. gent fund of the Senate; (1) not to exceed $50,000 may be expended 4301(i))); and (2) to employ personnel; and for the procurement of the services of indi- (2) not to exceed $6,250 may be expended for (3) with the prior consent of the Govern- vidual consultants, or organizations thereof the training of the professional staff of such ment department or agency concerned and (as authorized by section 202(i) of the Legis- committee (under procedures specified by the Committee on Rules and Administration, lative Reorganization Act of 1946 (2 U.S.C. section 202(j) of that Act). to use on a reimbursable, or nonreimburs- 4301(i))); and SEC. 8. COMMITTEE ON ENVIRONMENT AND PUB- able, basis the services of personnel of any (2) not to exceed $50,000 may be expended LIC WORKS. such department or agency. (a) GENERAL AUTHORITY.—In carrying out for the training of the professional staff of (b) EXPENSES FOR PERIOD ENDING SEP- its powers, duties, and functions under the such committee (under procedures specified TEMBER 30, 2019.—The expenses of the com- by section 202(j) of that Act). Standing Rules of the Senate, in accordance mittee for the period March 1, 2019 through with its jurisdiction under rule XXV of the (d) EXPENSES FOR PERIOD ENDING FEBRUARY September 30, 2019 under this section shall Standing Rules of the Senate, including 28, 2021.—The expenses of the committee for not exceed $5,119,003, of which amount— holding hearings, reporting such hearings, the period October 1, 2020 through February (1) not to exceed $17,500 may be expended and making investigations as authorized by 28, 2021 under this section shall not exceed for the procurement of the services of indi- $2,960,024, of which amount— paragraphs 1 and 8 of rule XXVI of the Standing Rules of the Senate, the Com- vidual consultants, or organizations thereof (1) not to exceed $50,000 may be expended mittee on Environment and Public Works is (as authorized by section 202(i) of the Legis- for the procurement of the services of indi- authorized from March 1, 2019 through Feb- lative Reorganization Act of 1946 (2 U.S.C. vidual consultants, or organizations thereof ruary 28, 2021, in its discretion— 4301(i))); and (as authorized by section 202(i) of the Legis- (1) to make expenditures from the contin- (2) not to exceed $5,833 may be expended for lative Reorganization Act of 1946 (2 U.S.C. gent fund of the Senate; the training of the professional staff of such 4301(i))); and (2) to employ personnel; and committee (under procedures specified by (2) not to exceed $50,000 may be expended (3) with the prior consent of the Govern- section 202(j) of that Act). for the training of the professional staff of ment department or agency concerned and (c) EXPENSES FOR FISCAL YEAR 2020 PE- such committee (under procedures specified the Committee on Rules and Administration, RIOD.—The expenses of the committee for the by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- period October 1, 2019 through September 30, SEC. 7. COMMITTEE ON ENERGY AND NATURAL able, basis the services of personnel of any 2020 under this section shall not exceed RESOURCES. such department or agency. $8,775,434, of which amount— (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- (1) not to exceed $30,000 may be expended its powers, duties, and functions under the TEMBER 30, 2019.—The expenses of the com- for the procurement of the services of indi- Standing Rules of the Senate, in accordance mittee for the period March 1, 2019 through vidual consultants, or organizations thereof with its jurisdiction under rule XXV of the September 30, 2019 under this section shall (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, including not exceed $3,183,482, of which amount— lative Reorganization Act of 1946 (2 U.S.C. holding hearings, reporting such hearings, (1) not to exceed $4,666 may be expended for 4301(i))); and and making investigations as authorized by the procurement of the services of individual (2) not to exceed $10,000 may be expended paragraphs 1 and 8 of rule XXVI of the consultants, or organizations thereof (as au- for the training of the professional staff of Standing Rules of the Senate, the Com- thorized by section 202(i) of the Legislative such committee (under procedures specified mittee on Energy and Natural Resources is Reorganization Act of 1946 (2 U.S.C. 4301(i))); by section 202(j) of that Act). authorized from March 1, 2019 through Feb- and (d) EXPENSES FOR PERIOD ENDING FEBRUARY ruary 28, 2021, in its discretion— (2) not to exceed $1,166 may be expended for 28, 2021.—The expenses of the committee for (1) to make expenditures from the contin- the training of the professional staff of such the period October 1, 2020 through February gent fund of the Senate; committee (under procedures specified by 28, 2021 under this section shall not exceed (2) to employ personnel; and section 202(j) of that Act). $3,656,431, of which amount—

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 S1332 CONGRESSIONAL RECORD — SENATE February 13, 2019 (1) not to exceed $12,500 may be expended Standing Rules of the Senate, the Com- (1) not to exceed $75,000 may be expended for the procurement of the services of indi- mittee on Health, Education, Labor, and for the procurement of the services of indi- vidual consultants, or organizations thereof Pensions is authorized from March 1, 2019 vidual consultants, or organizations thereof (as authorized by section 202(i) of the Legis- through February 28, 2021, in its discretion— (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946 (2 U.S.C. (1) to make expenditures from the contin- lative Reorganization Act of 1946 (2 U.S.C. 4301(i))); and gent fund of the Senate; 4301(i))); and (2) not to exceed $4,166 may be expended for (2) to employ personnel; and (2) not to exceed $20,000 may be expended the training of the professional staff of such (3) with the prior consent of the Govern- for the training of the professional staff of committee (under procedures specified by ment department or agency concerned and such committee (under procedures specified section 202(j) of that Act). the Committee on Rules and Administration, by section 202(j) of that Act). to use on a reimbursable, or nonreimburs- SEC. 10. COMMITTEE ON FOREIGN RELATIONS. (c) EXPENSES FOR FISCAL YEAR 2020 PE- able, basis the services of personnel of any (a) GENERAL AUTHORITY.—In carrying out RIOD.—The expenses of the committee for the such department or agency. its powers, duties, and functions under the period October 1, 2019 through September 30, (b) EXPENSES FOR PERIOD ENDING SEP- Standing Rules of the Senate, in accordance 2020 under this section shall not exceed TEMBER 30, 2019.—The expenses of the com- with its jurisdiction under rule XXV of the $9,585,691, of which amount— Standing Rules of the Senate, including mittee for the period March 1, 2019 through September 30, 2019 under this section shall (1) not to exceed $75,000 may be expended holding hearings, reporting such hearings, for the procurement of the services of indi- and making investigations as authorized by not exceed $5,451,418, of which amount— (1) not to exceed $75,000 may be expended vidual consultants, or organizations thereof paragraphs 1 and 8 of rule XXVI of the (as authorized by section 202(i) of the Legis- Standing Rules of the Senate, the Com- for the procurement of the services of indi- vidual consultants, or organizations thereof lative Reorganization Act of 1946 (2 U.S.C. mittee on Foreign Relations is authorized 4301(i))); and from March 1, 2019 through February 28, 2021, (as authorized by section 202(i) of the Legis- lative Reorganization Act of 1946 (2 U.S.C. (2) not to exceed $20,000 may be expended in its discretion— for the training of the professional staff of (1) to make expenditures from the contin- 4301(i))); and (2) not to exceed $25,000 may be expended such committee (under procedures specified gent fund of the Senate; by section 202(j) of that Act). (2) to employ personnel; and for the training of the professional staff of (3) with the prior consent of the Govern- such committee (under procedures specified (d) EXPENSES FOR PERIOD ENDING FEBRUARY ment department or agency concerned and by section 202(j) of that Act). 28, 2021.—The expenses of the committee for (c) EXPENSES FOR FISCAL YEAR 2020 PE- the Committee on Rules and Administration, the period October 1, 2020 through February RIOD.—The expenses of the committee for the to use on a reimbursable, or nonreimburs- 28, 2021 under this section shall not exceed period October 1, 2019 through September 30, able, basis the services of personnel of any $3,994,038, of which amount— 2020 under this section shall not exceed such department or agency. (1) not to exceed $75,000 may be expended $9,345,288, of which amount— (b) EXPENSES FOR PERIOD ENDING SEP- for the procurement of the services of indi- (1) not to exceed $75,000 may be expended TEMBER 30, 2019.—The expenses of the com- vidual consultants, or organizations thereof for the procurement of the services of indi- mittee for the period March 1, 2019 through (as authorized by section 202(i) of the Legis- vidual consultants, or organizations thereof September 30, 2019 under this section shall lative Reorganization Act of 1946 (2 U.S.C. (as authorized by section 202(i) of the Legis- not exceed $4,224,651, of which amount— 4301(i))); and lative Reorganization Act of 1946 (2 U.S.C. (1) not to exceed $150,000 may be expended (2) not to exceed $20,000 may be expended 4301(i))); and for the procurement of the services of indi- for the training of the professional staff of (2) not to exceed $25,000 may be expended vidual consultants, or organizations thereof such committee (under procedures specified for the training of the professional staff of (as authorized by section 202(i) of the Legis- by section 202(j) of that Act). such committee (under procedures specified lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). (e) INVESTIGATIONS.— 4301(i))); and (d) EXPENSES FOR PERIOD ENDING FEBRUARY (1) IN GENERAL.—The committee, or any (2) not to exceed $20,000 may be expended 28, 2021.—The expenses of the committee for duly authorized subcommittee of the com- for the training of the professional staff of the period October 1, 2020 through February mittee, is authorized to study or inves- such committee (under procedures specified 28, 2021 under this section shall not exceed tigate— by section 202(j) of that Act). $3,893,870, of which amount— (A) the efficiency and economy of oper- (c) EXPENSES FOR FISCAL YEAR 2020 PE- (1) not to exceed $75,000 may be expended ations of all branches of the Government in- RIOD.—The expenses of the committee for the for the procurement of the services of indi- cluding the possible existence of fraud, mis- period October 1, 2019 through September 30, vidual consultants, or organizations thereof feasance, malfeasance, collusion, mis- 2020 under this section shall not exceed (as authorized by section 202(i) of the Legis- management, incompetence, corruption or $7,242,259, of which amount— lative Reorganization Act of 1946 (2 U.S.C. unethical practices, waste, extravagance, (1) not to exceed $150,000 may be expended 4301(i))); and conflicts of interest, and the improper ex- for the procurement of the services of indi- (2) not to exceed $25,000 may be expended penditure of Government funds in trans- vidual consultants, or organizations thereof for the training of the professional staff of actions, contracts, and activities of the Gov- (as authorized by section 202(i) of the Legis- such committee (under procedures specified ernment or of Government officials and em- lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). ployees and any and all such improper prac- 4301(i))); and SEC. 12. COMMITTEE ON HOMELAND SECURITY tices between Government personnel and (2) not to exceed $20,000 may be expended AND GOVERNMENTAL AFFAIRS. corporations, individuals, companies, or per- for the training of the professional staff of (a) GENERAL AUTHORITY.—In carrying out sons affiliated therewith, doing business such committee (under procedures specified its powers, duties, and functions under the with the Government, and the compliance or by section 202(j) of that Act). Standing Rules of the Senate, in accordance noncompliance of such corporations, compa- (d) EXPENSES FOR PERIOD ENDING FEBRUARY with its jurisdiction under rule XXV of the nies, or individuals or other entities with the 28, 2021.—The expenses of the committee for Standing Rules of the Senate and S. Res. 445, rules, regulations, and laws governing the the period October 1, 2020 through February agreed to October 9, 2004 (108th Congress), in- various governmental agencies and the Gov- 28, 2021 under this section shall not exceed cluding holding hearings, reporting such ernment’s relationships with the public; $3,017,608, of which amount— hearings, and making investigations as au- (B) the extent to which criminal or other (1) not to exceed $150,000 may be expended thorized by paragraphs 1 and 8 of rule XXVI improper practices or activities are, or have for the procurement of the services of indi- of the Standing Rules of the Senate, the been, engaged in the field of labor-manage- vidual consultants, or organizations thereof Committee on Homeland Security and Gov- ment relations or in groups or organizations (as authorized by section 202(i) of the Legis- ernmental Affairs is authorized from March of employees or employers, to the detriment lative Reorganization Act of 1946 (2 U.S.C. 1, 2019 through February 28, 2021, in its dis- of interests of the public, employers, or em- 4301(i))); and cretion— ployees, and to determine whether any (2) not to exceed $20,000 may be expended (1) to make expenditures from the contin- changes are required in the laws of the for the training of the professional staff of gent fund of the Senate; United States in order to protect such inter- such committee (under procedures specified (2) to employ personnel; and ests against the occurrence of such practices by section 202(j) of that Act). (3) with the prior consent of the Govern- or activities; SEC. 11. COMMITTEE ON HEALTH, EDUCATION, ment department or agency concerned and (C) organized criminal activity which may LABOR, AND PENSIONS. the Committee on Rules and Administration, operate in or otherwise utilize the facilities (a) GENERAL AUTHORITY.—In carrying out to use on a reimbursable, or nonreimburs- of interstate or international commerce in its powers, duties, and functions under the able, basis the services of personnel of any furtherance of any transactions and the Standing Rules of the Senate, in accordance such department or agency. manner and extent to which, and the iden- with its jurisdiction under rule XXV of the (b) EXPENSES FOR PERIOD ENDING SEP- tity of the persons, firms, or corporations, or Standing Rules of the Senate, including TEMBER 30, 2019.—The expenses of the com- other entities by whom such utilization is holding hearings, reporting such hearings, mittee for the period March 1, 2019 through being made, and further, to study and inves- and making investigations as authorized by September 30, 2019 under this section shall tigate the manner in which and the extent to paragraphs 1 and 8 of rule XXVI of the not exceed $5,591,653, of which amount— which persons engaged in organized criminal

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1333 activity have infiltrated lawful business en- is authorized, in its, his, her, or their discre- (1) not to exceed $83,333 may be expended terprise, and to study the adequacy of Fed- tion— for the procurement of the services of indi- eral laws to prevent the operations of orga- (A) to require by subpoena or otherwise the vidual consultants, or organizations thereof nized crime in interstate or international attendance of witnesses and production of (as authorized by section 202(i) of the Legis- commerce, and to determine whether any correspondence, books, papers, and docu- lative Reorganization Act of 1946 (2 U.S.C. changes are required in the laws of the ments; 4301(i))); and United States in order to protect the public (B) to hold hearings; (2) not to exceed $8,333 may be expended for against such practices or activities; (C) to sit and act at any time or place dur- the training of the professional staff of such (D) all other aspects of crime and lawless- ing the sessions, recess, and adjournment pe- committee (under procedures specified by ness within the United States which have an riods of the Senate; section 202(j) of that Act). impact upon or affect the national health, (D) to administer oaths; and (e) ADDITIONAL COMMITTEE AUTHORITY.— welfare, and safety, including investment (E) to take testimony, either orally or by For the purposes of carrying out its inves- fraud schemes, commodity and security sworn statement, or, in the case of staff tigative powers, duties, and functions under fraud, computer fraud, and the use of off- members of the Committee and the Perma- the Standing Rules of the Senate and in ac- shore banking and corporate facilities to nent Subcommittee on Investigations, by cordance with Committee Rules of Proce- carry out criminal objectives; deposition in accordance with the Com- dure, the committee is authorized to require (E) the efficiency and economy of oper- mittee Rules of Procedure. by subpoena the attendance of witnesses at ations of all branches and functions of the (4) AUTHORITY OF OTHER COMMITTEES.— depositions of the committee, which may be Government with particular reference to— Nothing contained in this subsection shall conducted by designated staff. (i) the effectiveness of present national se- affect or impair the exercise of any other SEC. 14. COMMITTEE ON RULES AND ADMINIS- curity methods, staffing, and processes as standing committee of the Senate of any TRATION. tested against the requirements imposed by power, or the discharge by such committee (a) GENERAL AUTHORITY.—In carrying out the rapidly mounting complexity of national of any duty, conferred or imposed upon it by its powers, duties, and functions under the security problems; the Standing Rules of the Senate or by the Standing Rules of the Senate, in accordance (ii) the capacity of present national secu- Legislative Reorganization Act of 1946. with its jurisdiction under rule XXV of the rity staffing, methods, and processes to (5) SUBPOENA AUTHORITY.—All subpoenas Standing Rules of the Senate, including make full use of the Nation’s resources of and related legal processes of the committee holding hearings, reporting such hearings, knowledge and talents; and any duly authorized subcommittee of and making investigations as authorized by (iii) the adequacy of present intergovern- the committee authorized under S. Res. 62, paragraphs 1 and 8 of rule XXVI of the mental relations between the United States agreed to February 28, 2017 (115th Congress) Standing Rules of the Senate, the Com- and international organizations principally are authorized to continue. concerned with national security of which mittee on Rules and Administration is au- SEC. 13. COMMITTEE ON THE JUDICIARY. the United States is a member; and thorized from March 1, 2019 through Feb- (a) GENERAL AUTHORITY.—In carrying out (iv) legislative and other proposals to im- ruary 28, 2021, in its discretion, to— its powers, duties, and functions under the (1) make expenditures from the contingent prove these methods, processes, and relation- Standing Rules of the Senate, in accordance ships; fund of the Senate; with its jurisdiction under rule XXV of the (2) employ personnel; and (F) the efficiency, economy, and effective- Standing Rules of the Senate, including ness of all agencies and departments of the (3) with the prior consent of the Govern- holding hearings, reporting such hearings, ment department or agency concerned and Government involved in the control and and making investigations as authorized by management of energy shortages including the Committee on Rules and Administration, paragraphs 1 and 8 of rule XXVI of the use on a reimbursable or nonreimbursable their performance with respect to— Standing Rules of the Senate, the Com- (i) the collection and dissemination of ac- basis the services of personnel of any such mittee on the Judiciary is authorized from department or agency. curate statistics on fuel demand and supply; March 1, 2019 through February 28, 2021, in (b) EXPENSES FOR PERIOD ENDING SEP- (ii) the implementation of effective energy its discretion— TEMBER 30, 2019.—The expenses of such com- conservation measures; (1) to make expenditures from the contin- mittee for the period March 1, 2019 through (iii) the pricing of energy in all forms; gent fund of the Senate; September 30, 2019 under this section shall (iv) coordination of energy programs with (2) to employ personnel; and not exceed $1,589,010, of which amount— State and local government; (3) with the prior consent of the Govern- (1) not to exceed $43,750 may be expended (v) control of exports of scarce fuels; ment department or agency concerned and for the procurement of the services of indi- (vi) the management of tax, import, pric- the Committee on Rules and Administration, vidual consultants, or organizations thereof ing, and other policies affecting energy sup- to use on a reimbursable, or nonreimburs- (as authorized by section 202(i) of the Legis- plies; able, basis the services of personnel of any lative Reorganization Act of 1946 (2 U.S.C. (vii) maintenance of the independent sec- such department or agency. 4301(i))); and tor of the petroleum industry as a strong (b) EXPENSES FOR PERIOD ENDING SEP- (2) not to exceed $7,000 may be expended for competitive force; TEMBER 30, 2019.—The expenses of the com- (viii) the allocation of fuels in short supply mittee for the period March 1, 2019 through the training of the professional staff of such by public and private entities; September 30, 2019 under this section shall committee (under procedures specified by (ix) the management of energy supplies not exceed $6,280,596, of which amount— section 202(j) of that Act). owned or controlled by the Government; (1) not to exceed $116,667 may be expended (c) EXPENSES FOR FISCAL YEAR 2020 PE- (x) relations with other oil producing and for the procurement of the services of indi- RIOD.—The expenses of such committee for consuming countries; vidual consultants, or organizations thereof the period October 1, 2019 through September (xi) the monitoring of compliance by gov- (as authorized by section 202(i) of the Legis- 30, 2020 under this section shall not exceed ernments, corporations, or individuals with lative Reorganization Act of 1946 (2 U.S.C. $2,724,017, of which amount— the laws and regulations governing the allo- 4301(i))); and (1) not to exceed $75,000 may be expended cation, conservation, or pricing of energy (2) not to exceed $11,667 may be expended for the procurement of the services of indi- supplies; and for the training of the professional staff of vidual consultants, or organizations thereof (xii) research into the discovery and devel- such committee (under procedures specified (as authorized by section 202(i) of the Legis- opment of alternative energy supplies; and by section 202(j) of that Act). lative Reorganization Act of 1946 (2 U.S.C. (G) the efficiency and economy of all (c) EXPENSES FOR FISCAL YEAR 2020 PE- 4301(i))); and branches and functions of Government with RIOD.—The expenses of the committee for the (2) not to exceed $12,000 may be expended particular references to the operations and period October 1, 2019 through September 30, for the training of the professional staff of management of Federal regulatory policies 2020 under this section shall not exceed such committee (under procedures specified and programs. $10,766,736, of which amount— by section 202(j) of that Act). (2) EXTENT OF INQUIRIES.—In carrying out (1) not to exceed $200,000 may be expended (d) EXPENSES FOR PERIOD ENDING FEBRUARY the duties provided in paragraph (1), the in- for the procurement of the services of indi- 28, 2021.—The expenses of such committee for quiries of this committee or any sub- vidual consultants, or organizations thereof the period October 1, 2020 through February committee of the committee shall not be (as authorized by section 202(i) of the Legis- 28, 2021 under this section shall not exceed construed to be limited to the records, func- lative Reorganization Act of 1946 (2 U.S.C. $1,135,007, of which amount— tions, and operations of any particular 4301(i))); and (1) not to exceed $31,250 may be expended branch of the Government and may extend (2) not to exceed $20,000 may be expended for the procurement of the services of indi- to the records and activities of any persons, for the training of the professional staff of vidual consultants, or organizations thereof corporation, or other entity. such committee (under procedures specified (as authorized by section 202(i) of the Legis- (3) SPECIAL COMMITTEE AUTHORITY.—For by section 202(j) of that Act). lative Reorganization Act of 1946 (2 U.S.C. the purposes of this subsection, the com- (d) EXPENSES FOR PERIOD ENDING FEBRUARY 4301(i))); and mittee, or any duly authorized sub- 28, 2021.—The expenses of the committee for (2) not to exceed $5,000 may be expended for committee of the committee, or its chair- the period October 1, 2020 through February the training of the professional staff of such man, or any other member of the committee 28, 2021 under this section shall not exceed committee (under procedures specified by or subcommittee designated by the chairman $4,486,140, of which amount— section 202(j) of that Act).

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 S1334 CONGRESSIONAL RECORD — SENATE February 13, 2019 SEC. 15. COMMITTEE ON SMALL BUSINESS AND able, basis the services of personnel of any consultants, or organizations thereof (as au- ENTREPRENEURSHIP. such department or agency. thorized by section 202(i) of the Legislative (a) GENERAL AUTHORITY.—In carrying out (b) EXPENSES FOR PERIOD ENDING SEP- Reorganization Act of 1946 (2 U.S.C. 4301(i))); its powers, duties, and functions under the TEMBER 30, 2019.—The expenses of the com- and Standing Rules of the Senate, in accordance mittee for the period March 1, 2019 through (2) not to exceed $3,000 may be expended for with its jurisdiction under rule XXV of the September 30, 2019 under this section shall the training of the professional staff of such Standing Rules of the Senate, including not exceed $1,633,522, of which amount— committee (under procedures specified by holding hearings, reporting such hearings, (1) not to exceed $4,100 may be expended for section 202(j) of that Act). and making investigations as authorized by the procurement of the services of individual (d) EXPENSES FOR PERIOD ENDING FEBRUARY paragraphs 1 and 8 of rule XXVI of the consultants, or organizations thereof (as au- 28, 2021.—The expenses of the committee for Standing Rules of the Senate, the Com- thorized by section 202(i) of the Legislative the period October 1, 2020 through February mittee on Small Business and Entrepreneur- Reorganization Act of 1946 (2 U.S.C. 4301(i))); 28, 2021 under this section shall not exceed ship is authorized from March 1, 2019 through and $1,083,333, of which amount— February 28, 2021, in its discretion— (2) not to exceed $16,500 may be expended (1) not to exceed $1,250 may be expended for (1) to make expenditures from the contin- for the training of the professional staff of the procurement of the services of individual gent fund of the Senate; such committee (under procedures specified consultants, or organizations thereof (as au- (2) to employ personnel; and by section 202(j) of that Act). thorized by section 202(i) of the Legislative (3) with the prior consent of the Govern- (c) EXPENSES FOR FISCAL YEAR 2020 PE- Reorganization Act of 1946 (2 U.S.C. 4301(i))); ment department or agency concerned and RIOD.—The expenses of the committee for the and the Committee on Rules and Administration, period October 1, 2019 through September 30, (2) not to exceed $1,500 may be expended for to use on a reimbursable, or nonreimburs- 2020 under this section shall not exceed the training of the professional staff of such able, basis the services of personnel of any $2,800,323, of which amount— committee (under procedures specified by such department or agency. (1) not to exceed $7,000 may be expended for section 202(j) of that Act). (b) EXPENSES FOR PERIOD ENDING SEP- the procurement of the services of individual SEC. 18. SELECT COMMITTEE ON INTELLIGENCE. TEMBER 30, 2019.—The expenses of the com- consultants, or organizations thereof (as au- mittee for the period March 1, 2019 through (a) GENERAL AUTHORITY.—In carrying out thorized by section 202(i) of the Legislative September 30, 2019 under this section shall its powers, duties, and functions under S. Reorganization Act of 1946 (2 U.S.C. 4301(i))); not exceed $1,708,807, of which amount— Res. 400, agreed to May 19, 1976 (94th Con- and (1) not to exceed $25,000 may be expended gress), as amended by S. Res. 445, agreed to (2) not to exceed $28,000 may be expended for the procurement of the services of indi- October 9, 2004 (108th Congress), in accord- for the training of the professional staff of vidual consultants, or organizations thereof ance with its jurisdiction under sections 3(a) such committee (under procedures specified (as authorized by section 202(i) of the Legis- and 17 of such S. Res. 400, including holding by section 202(j) of that Act). lative Reorganization Act of 1946 (2 U.S.C. hearings, reporting such hearings, and mak- (d) EXPENSES FOR PERIOD ENDING FEBRUARY 4301(i))); and ing investigations as authorized by section 5 28, 2021.—The expenses of the committee for (2) not to exceed $10,000 may be expended of such S. Res. 400, the Select Committee on the period October 1, 2020 through February for the training of the professional staff of Intelligence is authorized from March 1, 2019 28, 2021 under this section shall not exceed such committee (under procedures specified through February 28, 2021, in its discretion— $1,166,801, of which amount— by section 202(j) of that Act). (1) to make expenditures from the contin- (1) not to exceed $3,000 may be expended for (c) EXPENSES FOR FISCAL YEAR 2020 PE- gent fund of the Senate; the procurement of the services of individual RIOD.—The expenses of the committee for the (2) to employ personnel; and period October 1, 2019 through September 30, consultants, or organizations thereof (as au- (3) with the prior consent of the Govern- 2020 under this section shall not exceed thorized by section 202(i) of the Legislative ment department or agency concerned and $2,929,383, of which amount— Reorganization Act of 1946 (2 U.S.C. 4301(i))); the Committee on Rules and Administration, (1) not to exceed $25,000 may be expended and to use on a reimbursable, or nonreimburs- for the procurement of the services of indi- (2) not to exceed $11,700 may be expended able, basis the services of personnel of any vidual consultants, or organizations thereof for the training of the professional staff of such department or agency. (as authorized by section 202(i) of the Legis- such committee (under procedures specified (b) EXPENSES FOR PERIOD ENDING SEP- lative Reorganization Act of 1946 (2 U.S.C. by section 202(j) of that Act). TEMBER 30, 2019.—The expenses of the com- 4301(i))); and SEC. 17. SPECIAL COMMITTEE ON AGING. mittee for the period March 1, 2019 through (2) not to exceed $10,000 may be expended (a) GENERAL AUTHORITY.—In carrying out September 30, 2019 under this section shall for the training of the professional staff of its powers, duties, and functions imposed by not exceed $3,707,448, of which not to exceed such committee (under procedures specified section 104 of S. Res. 4, agreed to February 4, $10,000 may be expended for the procurement by section 202(j) of that Act). 1977 (95th Congress), and in exercising the of the services of individual consultants, or (d) EXPENSES FOR PERIOD ENDING FEBRUARY authority conferred on it by such section, organizations thereof (as authorized by sec- 28, 2021.—The expenses of the committee for the Special Committee on Aging is author- tion 202(i) of the Legislative Reorganization the period October 1, 2020 through February ized from March 1, 2019 through February 28, Act of 1946 (2 U.S.C. 4301(i))). 28, 2021 under this section shall not exceed 2021, in its discretion— (c) EXPENSES FOR FISCAL YEAR 2020 PE- $1,220,576, of which amount— (1) to make expenditures from the contin- RIOD.—The expenses of the committee for the (1) not to exceed $25,000 may be expended gent fund of the Senate; period October 1, 2019 through September 30, for the procurement of the services of indi- (2) to employ personnel; and 2020 under this section shall not exceed vidual consultants, or organizations thereof (3) with the prior consent of the Govern- $6,355,625, of which not to exceed $17,144 may (as authorized by section 202(i) of the Legis- ment department or agency concerned and be expended for the procurement of the serv- lative Reorganization Act of 1946 (2 U.S.C. the Committee on Rules and Administration, ices of individual consultants, or organiza- 4301(i))); and to use on a reimbursable, or nonreimburs- tions thereof (as authorized by section 202(i) (2) not to exceed $10,000 may be expended able, basis the services of personnel of any of the Legislative Reorganization Act of 1946 for the training of the professional staff of such department or agency. (2 U.S.C. 4301(i))). such committee (under procedures specified (b) EXPENSES FOR PERIOD ENDING SEP- (d) EXPENSES FOR PERIOD ENDING FEBRUARY by section 202(j) of that Act). TEMBER 30, 2019.—The expenses of the com- 28, 2021.—The expenses of the committee for SEC. 16. COMMITTEE ON VETERANS’ AFFAIRS. mittee for the period March 1, 2019 through the period October 1, 2020 through February (a) GENERAL AUTHORITY.—In carrying out September 30, 2019 under this section shall 28, 2021 under this section shall not exceed its powers, duties, and functions under the not exceed $1,516,667, of which amount— $2,648,177, of which not to exceed $7,143 may Standing Rules of the Senate, in accordance (1) not to exceed $1,500 may be expended for be expended for the procurement of the serv- with its jurisdiction under rule XXV of the the procurement of the services of individual ices of individual consultants, or organiza- Standing Rules of the Senate, including consultants, or organizations thereof (as au- tions thereof (as authorized by section 202(i) holding hearings, reporting such hearings, thorized by section 202(i) of the Legislative of the Legislative Reorganization Act of 1946 and making investigations as authorized by Reorganization Act of 1946 (2 U.S.C. 4301(i))); (2 U.S.C. 4301(i))). paragraphs 1 and 8 of rule XXVI of the and SEC. 19. COMMITTEE ON INDIAN AFFAIRS. Standing Rules of the Senate, the Com- (2) not to exceed $3,000 may be expended for (a) GENERAL AUTHORITY.—In carrying out mittee on Veterans’ Affairs is authorized the training of the professional staff of such its powers, duties, and functions imposed by from March 1, 2019 through February 28, 2021, committee (under procedures specified by section 105 of S. Res. 4, agreed to February 4, in its discretion— section 202(j) of that Act). 1977 (95th Congress), and in exercising the (1) to make expenditures from the contin- (c) EXPENSES FOR FISCAL YEAR 2020 PE- authority conferred on it by that section, gent fund of the Senate; RIOD.—The expenses of the committee for the the Committee on Indian Affairs is author- (2) to employ personnel; and period October 1, 2019 through September 30, ized from March 1, 2019 through February 28, (3) with the prior consent of the Govern- 2020 under this section shall not exceed 2021, in its discretion— ment department or agency concerned and $2,600,000, of which amount— (1) to make expenditures from the contin- the Committee on Rules and Administration, (1) not to exceed $3,000 may be expended for gent fund of the Senate; to use on a reimbursable, or nonreimburs- the procurement of the services of individual (2) to employ personnel; and

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 February 13, 2019 CONGRESSIONAL RECORD — SENATE S1335 (3) with the prior consent of the Govern- SENATE CONCURRENT RESOLU- during today’s session of the Senate. ment department or agency concerned and TION 3—RECOGNIZING THE RICH They have the approval of the Majority the Committee on Rules and Administration, HISTORY, HERITAGE, AND STRA- and Minority leaders. to use on a reimbursable, or nonreimburs- TEGIC IMPORTANCE OF THE RE- Pursuant to rule XXVI, paragraph able, basis the services of personnel of any such department or agency. PUBLIC OF THE MARSHALL IS- 5(a), of the Standing Rules of the Sen- (b) EXPENSES FOR PERIOD ENDING SEP- LANDS AND THE MARSHALLESE ate, the following committees are au- TEMBER 30, 2019.—The expenses of the com- POPULATION RESIDING IN THE thorized to meet during today’s session mittee for the period March 1, 2019 through UNITED STATES of the Senate: September 30, 2019 under this section shall Mr. BOOZMAN (for himself and Mr. COMMITTEE ON ARMED SERVICES not exceed $1,231,690, of which amount— COTTON) submitted the following con- The Committee on Armed Services is (1) not to exceed $20,000 may be expended authorized to meet during the session for the procurement of the services of indi- current resolution; which was referred vidual consultants, or organizations thereof to the Committee on Energy and Nat- of the Senate on Wednesday, February (as authorized by section 202(i) of the Legis- ural Resources: 13, 2019, at 9:30 a.m., to conduct a hear- lative Reorganization Act of 1946 (2 U.S.C. S. CON. RES. 3 ing entitled ‘‘Briefing on cyber oper- 4301(i))); and ations to defend the midterm elec- Whereas the Republic of the Marshall Is- (2) not to exceed $20,000 may be expended lands— tions.’’ for the training of the professional staff of (1) is a sovereign country in free associa- COMMITTEE ON COMMERCE, SCIENCE, AND such committee (under procedures specified tion with the United States under the Com- TRANSPORTATION by section 202(j) of that Act). pact of Free Association between the Gov- The Committee on Commerce, (c) EXPENSES FOR FISCAL YEAR 2020 PE- ernment of the United States and the Gov- RIOD.—The expenses of the committee for the Science, and Transportation is author- ernment of the Republic of the Marshall Is- period October 1, 2019 through September 30, ized to meet during the session of the lands (referred to in this preamble as the 2020 under this section shall not exceed Senate on Wednesday, February 13, ‘‘Compact’’), approved in the Compact of $2,111,468, of which amount— Free Association Act of 1985 (Public Law 99– 2019, at 10 a.m., to conduct a hearing on (1) not to exceed $20,000 may be expended 239; 99 Stat. 1770) and amended by the Com- the following nominations: Janice Mir- for the procurement of the services of indi- pact of Free Association Amendments Act of iam Hellreich, of Hawaii, Robert A. vidual consultants, or organizations thereof 2003 (Public Law 108–188; 117 Stat. 2720), Mandell, of Florida, Don Munce, of (as authorized by section 202(i) of the Legis- which authorizes economic assistance, lative Reorganization Act of 1946 (2 U.S.C. Florida, and Bruce M. Ramer, of Cali- through Federal grants and programs, to 4301(i))); and fornia, each to be a Member of the persons in the Republic of the Marshall Is- (2) not to exceed $20,000 may be expended Board of Directors of the Corporation lands; and for training consultants of the professional for Public Broadcasting, and a routine (2) has full authority and responsibility staff of such committee (under procedures over security and defense matters relating to list in the Coast Guard. specified by section 202(j) of that Act). the Republic of the Marshall Islands; COMMITTEE ON COMMERCE, SCIENCE, AND (d) EXPENSES FOR PERIOD ENDING FEBRUARY Whereas, under the Compact, eligible citi- TRANSPORTATION 28, 2021.—The expenses of the committee for zens of the Republic of the Marshall Islands The Committee on Commerce, the period October 1, 2020 through February may reside, work, and study in the United 28, 2021 under this section shall not exceed Science, and Transportation is author- States without a visa and may serve in the $879,778, of which amount— ized to meet during the session of the Armed Forces of the United States; (1) not to exceed $20,000 may be expended Senate on Wednesday, February 13, Whereas an estimated 1⁄3 of the population for the procurement of the services of indi- 2019, at 10 a.m., to conduct a hearing of the Republic of the Marshall Islands has vidual consultants, or organizations thereof relocated to the United States; and entitled, ‘‘America’s infrastructure (as authorized by section 202(i) of the Legis- Whereas Marshallese individuals who live needs: keeping pace with a growing lative Reorganization Act of 1946 (2 U.S.C. in the United States— economy.’’ 4301(i))); and (1) offer positive economic and cultural (2) not to exceed $20,000 may be expended COMMITTEE ON ENVIRONMENT AND PUBLIC benefits to the communities in which those for training consultants of the professional WORKS individuals live; staff of such committee (under procedures The Committee on Environment and (2) pay Federal and State taxes but are not specified by section 202(j) of that Act). Public Works is authorized to meet eligible for benefits under— SEC. 20. SPECIAL RESERVE. (A) the Medicare program established during the session of the Senate on (a) ESTABLISHMENT.—Within the funds in under title XVIII of the Social Security Wednesday, February 13, 2019, at 10 the account ‘‘Expenses of Inquiries and In- Act (42 U.S.C. 1395 et seq.); or a.m., to conduct a hearing entitled vestigations’’, there is authorized to be es- (B) the Medicaid program established ‘‘The invasive species threat: pro- tablished a special reserve to be available to under title XIX of the Social Security Act tecting wildlife, public health, and in- any committee funded by this resolution as (42 U.S.C. 1396 et seq.); and frastructure.’’ provided in subsection (b) of which amount— (3) were undercounted in the 2010 census COMMITTEE ON HOMELAND SECURITY AND (1) for the period March 1, 2019 through and, as a result, areas where those individ- GOVERNMENTAL AFFAIRS September 30, 2019, an amount shall be avail- uals live are underserved by the Federal Gov- able, not to exceed 7 percent of the amount ernment: Now, therefore, be it The Committee on Homeland Secu- equal to 7⁄12th of the appropriations for the Resolved by the Senate (the House of Rep- rity and Governmental Affairs is au- account that are available for the period Oc- resentatives concurring), That Congress— thorized to meet during the session of tober 1, 2018 through September 30, 2019; (1) commends— the Senate on Wednesday, February 13, (2) for the period October 1, 2019 through (A) the rich history and heritage of the Re- 2019, at 10 a.m., to conduct a hearing on September 30, 2020, an amount shall be avail- public of the Marshall Islands; and able, not to exceed 7 percent of the appro- pending legislation and the following (B) citizens of the Republic of the Marshall nominations: Dennis Dean Kirk, of Vir- priations for the account that are available Islands who live in the United States for the for that period; and contributions of those individuals to— ginia, to be Chairman, and Julia Akins (3) for the period October 1, 2020 through (i) the communities in which those individ- Clark, of Maryland, and Andrew F. February 28, 2021, an amount shall be avail- uals live; and Maunz, of Ohio, both to be a Member, able, not to exceed 7 percent of the amount (ii) the national defense of the United all of the of the Merit Systems Protec- equal to 5⁄12th of the appropriations for the States through their service in the Armed tion Board, and Ronald D. Vitiello, of account that are available for the period Oc- Forces of the United States; Illinois, to be an Assistant Secretary of tober 1, 2020 through September 30, 2021. (2) recognizes the strategic importance of Homeland Security. (b) AVAILABILITY.—The special reserve au- the Republic of the Marshall Islands; and COMMITTEE ON THE JUDICIARY thorized in subsection (a) shall be available (3) encourages a continued commitment to to any committee— improve census data to better serve citizens The Committee on the Judiciary is (1) on the basis of special need to meet un- of the Republic of the Marshall Islands who authorized to meet during the session paid obligations incurred by that committee live in the United States. of the Senate on Wednesday, February during the periods referred to in paragraphs f 13, 2019, at 10 a.m., to conduct a hearing (1), (2), and (3) of subsection (a); and on pending legislation and the fol- (2) at the request of a Chairman and Rank- AUTHORITY FOR COMMITTEES TO lowing nominations: Michael H. Park, ing Member of that committee subject to the MEET approval of the Chairman and Ranking Mem- of New York, and Joseph F. Bianco, of ber of the Committee on Rules and Adminis- Mrs. MURKOWSKI. Mr. President, I New York, both to be a United States tration. have 9 requests for committees to meet Circuit Judge for the Second Circuit,

VerDate Sep 11 2014 05:23 Feb 14, 2019 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A13FE6.032 S13FEPT1 S1336 CONGRESSIONAL RECORD — SENATE February 13, 2019 Greg Girard Guidry, to be United ‘‘Conditions of the military housing Senate completes its business today, it States District Judge for the Eastern privatization initiative.’’ adjourn until 10 a.m., Thursday, Feb- District of Louisiana, Michael T. f ruary 14; further, that following the Liburdi, to be United States District prayer and pledge, the morning hour be MEASURES READ THE FIRST TIME Judge for the District of Arizona, and deemed expired, the Journal of pro- EN BLOC Peter D. Welte, to be United States ceedings be approved to date, the time District Judge for the District of North Mr. MCCONNELL. Mr. President, I for the two leaders be reserved for their Dakota. understand there are two items at the use later in the day, and morning busi- desk, and I ask for their first reading COMMITTEE ON RULES AND ADMINISTRATION ness be closed; further, that following en bloc. The Committee on Rules and Admin- leader remarks, the Senate proceed to The PRESIDING OFFICER. The executive session and resume consider- istration is authorized to meet during clerk will read the title of the bills en the session of the Senate on Wednes- ation of the Barr nomination; finally, bloc. that at a time to be determined by the day, February 13, 2019, at 10:30 a.m., to The senior assistant legislative clerk conduct a business meeting. majority leader in consultation with read as follows: the Democratic leader, the Senate vote COMMITTEE ON SMALL BUSINESS AND A bill (S. 483) to enact into law a bill by on confirmation of the Barr nomina- ENTREPRENEURSHIP reference. A joint resolution (S.J. Res. 8) recognizing tion. The Committee on Small Business The PRESIDING OFFICER. Without and Entrepreneurship is authorized to the duty of the Federal Government to cre- ate a Green New Deal. objection, it is so ordered. meet during the session of the Senate Mr. MCCONNELL. I now ask for a on Wednesday, February 13, 2019, at f 10:30 a.m., to conduct a hearing enti- second reading, and I object to my own tled, ‘‘Oversight of the U.S. Small request, all en bloc. ADJOURNMENT UNTIL 10 A.M. The PRESIDING OFFICER. Objec- Business Administration.’’ TOMORROW tion having been heard, the bills will be SUBCOMMITTEE ON READINESS AND read for the second time on the next Mr. MCCONNELL. Mr. President, if MANAGEMENT SUPPORT legislative day. there is no further business to come be- The Subcommittee on Readiness and f fore the Senate, I ask unanimous con- Management Support of the Com- sent that it stand adjourned under the mittee on Armed Services is authorized ORDERS FOR THURSDAY, previous order. to meet during the session of the Sen- FEBRUARY 14, 2019 There being no objection, the Senate, ate on Wednesday, February 13, 2019, at Mr. MCCONNELL. Mr. President, I at 6:35 p.m., adjourned until Thursday, 2 p.m., to conduct a hearing entitled ask unanimous consent that when the February 14, 2019, at 10 a.m.

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