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, DECEMBER 11, 2019 No. 198 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARSHA BLACKBURN, a sidered made and laid upon the table called to order by the Honorable MAR- Senator from the State of Tennessee, to per- and the President be immediately noti- SHA BLACKBURN, a Senator from the form the duties of the Chair. fied of the Senate’s action; further, State of Tennessee. CHUCK GRASSLEY, that following the disposition of the President pro tempore. f VanDyke nomination and notwith- Mrs. BLACKBURN thereupon as- standing the provisions of rule XXII, PRAYER sumed the Chair as Acting President the Senate vote on the motions to in- pro tempore. The Chaplain, Dr. Barry C. Black, of- voke cloture on the Sullivan, Hahn, fered the following prayer: f and Skipwith nominations in the order Let us pray. RESERVATION OF LEADER TIME listed; finally, that if cloture is in- Almighty God, we are reminded at voked on the Sullivan, Hahn, and The ACTING PRESIDENT pro tem- this time of year of the greatness of Skipwith nominations, the confirma- pore. Under the previous order, the Your gift to us in sending Your Son. tion votes occur at a time to be deter- leadership time is reserved. Use us as instruments for His glory. mined by the majority leader, in con- Because of our faith in You, make us f sultation with the Democratic leader, bold as lions in these turbulent times. CONCLUSION OF MORNING on Thursday, December 12. May our lawmakers work together to BUSINESS The ACTING PRESIDENT pro tem- protect and defend our Constitution, pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- dered. realizing, as iron sharpens iron, so pore. Morning business is closed. friends sharpen friends. Lord, make our SENATE LEGISLATIVE AGENDA Senators grateful for the fires in our f Mr. MCCONNELL. Madam President, Nation’s history that have tested their EXECUTIVE SESSION it is no secret that Washington Demo- commitment to freedom, providing crats have been itching to impeach them with opportunities to become President Trump since the moment he profiles of courage, serving their gen- EXECUTIVE CALENDAR took the oath of office. Remember the eration with faithfulness. The ACTING PRESIDENT pro tem- Washington Post’s headline on Inau- We pray in Your great Name. Amen. pore. Under the previous order, the guration Day in 2017: ‘‘The campaign to impeach President Trump has begun.’’ f Senate will proceed to executive ses- sion to resume consideration of the fol- That was the Washington Post’s head- PLEDGE OF ALLEGIANCE lowing nomination, which the clerk line on Inauguration Day in 2017. Just a few months later, in April of The Presiding Officer led the Pledge will report. 2017, one leading House Democrat had of Allegiance, as follows: The legislative clerk read the nomi- already made up her mind. She de- I pledge allegiance to the Flag of the nation of Lawrence VanDyke, of Ne- clared she would ‘‘fight every day until United States of America, and to the Repub- vada, to be United States Circuit Judge he’s impeached.’’ As an aside, this lic for which it stands, one nation under God, for the Ninth Circuit. indivisible, with liberty and justice for all. same senior Democrat is one of the RECOGNITION OF THE MAJORITY LEADER committee chairwomen whom Speaker f The ACTING PRESIDENT pro tem- PELOSI asked to help lead the impeach- APPOINTMENT OF ACTING pore. The majority leader is recog- ment process. She was literally stand- PRESIDENT PRO TEMPORE nized. ing at the Speaker’s shoulder as she ORDER OF PROCEDURE The PRESIDING OFFICER. The announced yesterday that she will Mr. MCCONNELL. Madam President, clerk will please read a communication bring two articles of impeachment up I ask unanimous consent that fol- to the Senate from the President pro for a vote. Yet she had had her mind lowing the disposition of H.R. 2333, the made up more than 2 years ago, long tempore (Mr. GRASSLEY). Senate proceed to executive session The legislative clerk read the fol- before this supposedly fair inquiry. and resume consideration of the Van- lowing letter: This is sort of emblematic of their Dyke nomination; further, that the whole process. U.S. SENATE, postcloture time on the VanDyke nom- House Democrats announced yester- PRESIDENT PRO TEMPORE, Washington, DC, December 11, 2019. ination expire at 4:15 p.m. today and day that they will rush ahead and pre- To the Senate: the Senate vote on the confirmation of pare to send the Senate articles of im- Under the provisions of rule I, paragraph 3, the nomination; further, if confirmed, peachment based on the least thorough of the Standing Rules of the Senate, I hereby that the motion to reconsider be con- and most unfair impeachment inquiry

∑ 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 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.000 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6958 CONGRESSIONAL RECORD — SENATE December 11, 2019 in modern history. Well, the House ference report. Next year, I hope they ments and discourage investment in Democrats’ denigration of their solemn will produce a bipartisan bill from the prescription drug research. duty will not cause the Senate to deni- beginning that will put our national se- Between 2011 and 2018, more than 250 grate ours. If the House continues curity interests first. Now, obviously, new medications were introduced down this destructive road and sends that authorizing legislation should be worldwide. American patients have ac- us articles of impeachment, the Senate paired with the appropriations measure cess to nearly all of them, but that is will take them up in the new year and that will actually fund our service- not the situation for patients in a lot proceed to a fair trial. members’ tools and training and enable of other countries. The chamber of Now, in the meantime, our col- our commanders to actually plan commerce reports that patients in leagues’ obsession with impeachment ahead. France have access to just 50 percent of has left us with a host of important, bi- I am grateful for the hard work by those new drugs. French patients, in partisan legislation that is still unfin- Chairman SHELBY, his counterpart in other words, are missing out on fully ished at this late date. the House, and our subcommittee half of the new drugs that have been For months, Senate Republicans chairs to reboot a stalled appropria- introduced in the past 8 years. have been calling on our Democratic tions process and try to get bills over Why do Americans have such tremen- colleagues to go beyond picking fights the finish line in the short time that dous access to new drugs while other with the White House and actually leg- remains. countries trail behind? Because the islate for the American people. Yet, for To be frank, only a laser focus from U.S. Government doesn’t dictate drug practically the entire autumn, our both parties in both Chambers on get- prices or drug coverage. As statistic Democratic friends’ political calcula- ting results will create a path to pass after statistic demonstrates, when gov- tion seemed to be that these vital appropriations bills this year. There is ernments start imposing price con- pieces of business could wait until the simply not the time left for my Demo- trols, patients’ access to new drugs and eleventh hour because impeachment cratic friends to continue haggling treatments diminishes. was the higher priority—and wait they over the exact kinds of poison pills, Government price controls also dis- have. partisan policy riders, and Presidential courage the medical research and inno- Finally, after weeks of pressure from transfer authorities that the Speaker vation that produce the prescription the Republicans and from hard-work- and the Democratic leader had explic- drug breakthroughs of the future. The ing Americans across the country, itly agreed months ago would be off the United States leads the world in pre- Speaker PELOSI backed down yesterday table. Under the agreement months scription drug innovation, and a big reason for that is because the U.S. Gov- and announced that she will let the ago, these were supposed to be off the ernment doesn’t dictate drug prices. House vote on President Trump’s table. It wasn’t always this way. European USMCA. The Democrats have stalled The White House, Republican leaders investment in drug research used to ex- this agreement for so long that it is in both Chambers, and the Democratic ceed U.S. investment, but that changed now impossible for the USMCA to be- leaders in both Chambers all agreed to when European governments stepped in come law in 2019, especially given all of these parameters—literally pledged in and started imposing price controls. the other urgent things they have writing that these kinds of partisan Today, European investment in drug stalled right alongside it. The Demo- roadblocks would be kept out of the research and development is almost 40 crats have simply run out the clock. process. So if all parties honor what percent lower than U.S. investment, in Assuming the House Democrats send us they agreed to, we should have an op- large part because of European govern- articles of impeachment next week, a portunity to agree on government ments’ price controls. Senate trial will have to be our first funding in time to make this a law this No other country comes close to item of business in January. So the month, which means next week. achieving the number of prescription USMCA will continue to be a casualty Now that our Democratic colleagues drug breakthroughs that companies in of the Democrats’ impeachment obses- are back at the table, Senate Repub- the United States achieve. That situa- sion for several more weeks before we licans stand ready to do all we can in tion, however, is not going to last if can actually turn to it. Yet I am glad the time we still have. Let’s end this the Democratic Party has its way. the Speaker is finally beginning to legislative year on the right foot. Let’s The Pelosi drug bill would impose a bring her USMCA obstruction to a deliver for our All-Volunteer Armed system of government price controls on close. Forces and for families all across our up to 250 medications, and reduced ac- As we triage in the coming days, the country. cess to drugs and fewer medical break- Republicans hope we will be able to I suggest the absence of a quorum. throughs would soon follow. pass not only the NDAA conference re- The PRESIDING OFFICER. The The California Life Sciences Associa- port but also government funding legis- clerk will call the roll. tion released a statement noting that lation that allocates taxpayers’ hard- The legislative clerk proceeded to the Pelosi drug bill could result in ‘‘an earned money to urgent Federal prior- call the roll. 88-percent reduction in the number of ities. The NDAA has consistently Mr. THUNE. Madam President, I ask drugs that are brought to market by brought Members together from across unanimous consent that the order for small/emerging companies in Cali- the political spectrum—and with good the quorum call be rescinded. fornia.’’ It goes on to say that ‘‘such a reason—in that it gives Congress the The PRESIDING OFFICER. Without dramatic decline would be felt most in opportunity to set priorities for the objection, it is so ordered. the higher risk/smaller population U.S. military of the future. The NDAA PRESCRIPTION DRUG COSTS therapeutic areas of R&D, including helps to guide the Pentagon’s invest- Mr. THUNE. Madam President, over new drugs for endocrine, metabolic, ge- ments in modernization and readiness, in the House this week, Democrats are netic and rare diseases, and pediatric cutting-edge weapons and capabilities, taking up the latest installment in cancers.’’ Again, that is from the Cali- and in servicemembers and military their campaign to have the government fornia Life Sciences Association. In families. take over Americans’ healthcare: the other words, there would be fewer med- I am grateful for the efforts by Chair- Pelosi prescription drug bill. ical breakthroughs for those who need man INHOFE and Ranking Member There is no question that high pre- them the most. REED, who made compromises from the scription drug costs are a problem. One As I said earlier, the high cost of beginning and worked hard to ensure in four seniors reports difficulty afford- some prescription drugs can be a real the conference report remained true to ing medications, and there are too problem for many families, but the an- the 58-year tradition of a bipartisan many stories of patients being forced swer—the answer—is not to introduce a bill that prioritizes our military and to ration pills or to abandon their pre- government-run pricing system that sets aside unrelated partisan priorities. scription at the pharmacy counter. But would mean that important prescrip- I cannot say the same thing about the Pelosi drug bill is the wrong pre- tion drugs would not be there when you the Democrats in the House, unfortu- scription for the problem of high drug or your child needs them. nately, but I hope they will learn from prices. Why? Because it would reduce There are a lot of things we can do to this year’s difficult path to a con- Americans’ access to lifesaving treat- lower the cost of prescription drugs

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.002 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6959 without resorting to government price Local and Federal law enforcement broadcast this stuff, is then picked up controls. Multiple Senate committees must investigate quickly and profes- here as a diversion. Why do they want have been actively engaged on this sionally so we can implement the best to divert? Is it because they know the topic. There are options for how to im- responses. We are not sure yet if this facts can be answered? prove transparency in a complicated was motivated by hate or if it was For the past few weeks, certain Re- and often opaque drug-pricing process. criminal in nature, but whatever the publican Senators have repeated the There are ideas to examine competi- answers, rest assured the response fiction invented by Putin’s intelligence tion and consolidation in the pharma- must be swift, sure, and strong. services that Ukraine, not Putin, inter- ceutical supply chain; to ensure that IMPEACHMENT fered in the 2016 election. They are generic companies can access the sam- Mr. President, now on impeachment, mouthing Putin’s propaganda. The Re- ples they need to develop a new generic yesterday, the House Judiciary Com- publican Party is to be anti-Russian, or biosimilar; to prevent companies mittee announced two Articles of Im- anti-Putin, anti-Communist, but now from engaging in patent thicketing to peachment against the President of the all of a sudden, because President block competition; to promote real- United States. The articles allege that Trump has created so many different time benefit tools to help inform con- President Trump abused the office of diversions because he seems to go sumers of cheaper drug options; to ad- the Presidency by soliciting the inter- along with what Putin wants, these Re- vance value-based insurance design to ference of a foreign power in our elec- publicans have become Putin mouth- support coverage of high-value items tions to benefit himself personally. pieces when it comes to these con- and services, like medicines, that peo- They also allege the President ob- spiracy theories. ple with chronic conditions need to structed Congress in the investigation Today, an example, the chairman of manage their health; and to modernize of these matters. the Senate Judiciary Committee is the Medicare Part D plan design and The President has had every chance holding a hearing on the report issued cap seniors’ out-of-pocket costs. to defend himself against these allega- this week by the Department of Justice Republicans in the House recently in- tions. He has had every chance to rebut Inspector General, which found no evi- troduced legislation on prescription the specific evidence that was pre- dence of a political motive for the FBI drug costs that both promotes innova- sented in the House. If there is infor- investigation into the Trump cam- tion and contains bipartisan ideas for mation or a witness who the White paign. The deputy counsel of the FBI reform, including increased trans- House believes can provide exculpatory said there was an obligation to inves- parency in drug pricing and provisions evidence in defense of the President, tigate—not by anyone’s design—once to prevent drug companies from gam- nothing is stopping them from testi- they heard these allegations that came ing the system. This bill provides sev- fying under oath. But if the President from a credible source. eral ideas passed by the Senate Fi- is so innocent, if this is a mere witch What will the Judiciary chairman nance Committee, while focusing on hunt, then why isn’t he answering the do? Will he focus on the central finding policies that can be passed through specific charges? Why is he blocking of the IG report? I suspect not. I sus- both Chambers of Congress. Impor- witnesses from testifying who would pect Republicans on that committee, tantly, it eliminates those policies that have direct knowledge of these facts? instead, will take every opportunity to have divided us. The House has made an extremely contort the facts to further the Presi- There are bipartisan solutions on the strong case. The burden now lies on the dent’s baseless claim that the FBI was table. It is unfortunate that House President to rebut it, if he can. And out to get him. So many people ac- Democrats have abandoned bipartisan what the majority of Americans are cused of crimes and wrongdoing, in- efforts on drug pricing and have de- saying is that the fact that he refuses stead of addressing the issue when they cided to pursue their government-run to produce rebutting evidence, the fact know they are guilty, blame the pros- alternative. that he blocks witnesses from testi- ecutor. That is not what our system of It boils down, really, simply to this: fying, the fact that he won’t let docu- justice is about. Government price controls mean access ments come forward may well indicate But, astonishingly, that is what the to fewer drugs, and access to fewer that he did everything alleged in the chief law enforcement officer of the drugs means that when you or your House proceedings. land, the Attorney General of the child or your mom or your dad needs a To talk about things that are unre- United States, did yesterday in inter- lifesaving medication, that drug may lated to the charges against the Presi- views. Contradicting the findings of his be out there, but it may not be out dent have nothing to do with what hap- own inspector general—someone who there for you, and that is not accept- pened here. The President merely needs would study the case for months, some- able. to claim his innocence. If he has noth- one who the Attorney General himself The Pelosi drug bill is a bad prescrip- ing to hide, he should have nothing to had recently praised as fiercely inde- tion for the American people. fear from handing over documents or pendent and a superb investigator— I yield the floor. allowing witnesses to testify. So their what Attorney General Barr did was I suggest the absence of a quorum. silence, the silence imposed by the push the false narrative that the FBI The ACTING PRESIDENT pro tem- White House on top officials with acted in bad faith when it investigated pore. The clerk will call the roll. knowledge of these dealings, speaks the Trump campaign. Attorney Gen- The legislative clerk proceeded to volumes. eral Barr has signed himself up to be a call the roll. What has the President, the White charter member of the conspiracy cau- Mr. SCHUMER. Mr. President, I ask House, and their congressional allies cus. unanimous consent that the order for here in the Senate and the House tried The real bad faith is the relationship the quorum call be rescinded. to do? Instead of defending the Presi- between the Attorney General and his The PRESIDING OFFICER (Mr. dent with facts, the White House, the oath of office. He did not swear to CRAMER). Without objection, it is so or- President himself, and congressional ‘‘support and defend President Trump,’’ dered. Republicans employ one fringe con- but that is what he has done as Attor- RECOGNITION OF THE MINORITY LEADER spiracy theory after the next to explain ney General. It is deeply, dangerously The PRESIDING OFFICER. The away the President’s conduct, even corrosive to the primary rule of law in Democratic leader is recognized. though they have nothing to do with our constitutional system. JERSEY CITY SHOOTING the specific charges against the Presi- At the same time, the Attorney Gen- Mr. SCHUMER. Mr. President, before dent. eral’s handpicked prosecutor John Dur- I begin, I want to express deep sym- Here in the Senate, unfortunately, ham put out a ridiculous statement on pathy for the families and the victims we have several Members on the other Monday, criticizing the findings of the of the shooting yesterday in Jersey side of the aisle who are forming their IG report. Durham used to have some City, which left one fallen police offi- own conspiracy caucus. Any conspiracy credibility as a no-nonsense pros- cer, Detective Seals, and several by- theory pulled out of the air by known ecutor, but when Barr chose him, I standers as victims. My heart goes out pranks, then broadcast on FOX News, said, Uh-oh, because Barr is not a to their friends and family today. which shows an all-too willingness to down-the-middle guy. By putting out a

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.003 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6960 CONGRESSIONAL RECORD — SENATE December 11, 2019 hugely partisan, political statement on President Trump is still able to find of the Trump-Republican tax bill, a pending investigation he is doing, Mr. nominees like Mr. VanDyke who is un- while capital expenditures by busi- Durham has signaled to the world he is qualified, even in comparison to some nesses remain low—that is investing in not capable of producing a report that of the worst nominees we have seen jobs and equipment and things that anyone can take seriously. under this administration. employ people and give them better Unfortunately, Mr. Durham, like too VanDyke has a history of bigoted wages—corporate stock buybacks, many others, has aligned himself with writing about LGBTQ Americans, rad- which, by and large, benefit wealthy Attorney General Barr and consigned ical views on even the most common- shareholders, explodes, setting annual himself to the world of alternative sense gun safety legislation, and a records. Last year alone, over $1 tril- truth facts, many of them on the proven hostility to reproductive rights. lion was spent on stock buybacks, fringe. Whatever reputation Durham On top of his radical views, Mr. Van- while millions of middle-class Ameri- had for fairness is now in tatters. Dyke has received stunningly negative cans didn’t see enough improvement in Now, Mr. President, there is a possi- reviews on his qualifications and tem- their quality of life. bility that the Senate will be served perament. The American Bar Associa- As many Democrats, including my- with the Articles of Impeachment for tion doesn’t do this much, but it rated self, predicted 2 years after its passage, the President from the House. We may him ‘‘Not Qualified.’’ In over 60 inter- the Republican tax bill has overwhelm- soon, in all likelihood, confront the de- views with Mr. VanDyke’s colleagues, ingly benefited shareholders and cor- mands of hosting a trial for the Chief he was described as ‘‘arrogant, lazy, an porate executives, not workers and Executive and serving as judges and ju- ideologue, and lacking in knowledge of their families. America will remember rors in determining the fate of that the day-to-day practice, including pro- that as we head into an election year. trial. With such a weighty constitu- cedural rules.’’ I yield the floor. tional responsibility on the horizon, I It went on to say, ‘‘The nominee The PRESIDING OFFICER. The Sen- implore my colleagues to stop dipping lacks humility, has an ‘entitlement’ ator from West Virginia. their toes in the murky waters of con- temperament, does not have an open BIPARTISAN AMERICAN MINERS ACT OF 2019 spiracy. Hew to the facts. Don’t pre- mind, and does not always have a com- Mr. MANCHIN. Mr. President, I rise judge the outcome. Remember our mitment to being candid and truthful.’’ today, and I want to make it very oaths to the Constitution, our respon- This is whom we are voting on today, clear—it is going to be very short and sibility to do impartial justice in the my Republican friends. What is going succinct—that time is running out on Senate trial. That is our responsibility. on? Because someone is hard right and our coal miners. We need to fix this History will judge whether we live up radical, we excuse all of their person- now—not in 2020 but now. I will explain to it or not. ality defects found by the ABA? And, why. BORDER SECURITY amazingly, this is someone not even for We have over 13,000 coal miners who Mr. President, now, on the recent de- a district court but the circuit court. will lose their healthcare and 82,000 cision about the wall by the Federal This is getting to the point of utter ab- coal miners who will lose their pen- court in Texas. Yesterday, the Federal surdity. sions next year if we do not do some- court in Texas issued a nationwide in- For obvious reasons, both home thing now. That is why I am standing junction, blocking the Trump adminis- State Senators objected to VanDyke’s here before you. That is why I am put- tration from using military construc- nomination. In the past, the Senate ting a hold on all legislative business tion funding to build his wall. The deci- would respect those objections. It coming through the Senate until we sion confirms what many Democrats would be a check on someone so un- get assurances. and a few Republicans in the past have qualified on getting to the bench, but This is not who I am. Anybody who said. The President’s emergency dec- Leader MCCONNELL and Senate Repub- knows me, knows I don’t do this, but I laration, which allowed the adminis- licans are in such a rush to fill the am so committed to the people who tration to steal the profits from mili- bench with these hard-right nominees built this country and to a commit- tary families to pay for a wall Presi- that they have blown through Senate ment we had in a 1946 agreement with dent Trump promised Mexico would traditions and most standards of rea- the Federal Government that they pay for, is an outrageous legal power son and good judgment. would be able to have a pension and re- grab. Please reject this nominee. He is so tirement for the very difficult and very The injunction is a win for the rule of unqualified. He is a low human being— dangerous hard work that they do. law. It should serve as a warning to Re- at least according to all of this—and he They weren’t asking taxpayers or any- publicans in Congress and the Trump will have a lifetime appointment on one else to bail them out. It was com- administration that the power of the the circuit bench? That would indicate ing from the sale of the product, the purse, given exclusively to Congress by the decline of America, one more indi- coal that they mine for the energy for the constitution, cannot be usurped. At cation, unfortunately, propagated by this country. his rally last night, President Trump this administration. Only my bill, which is the Bipartisan said, The courts are siding with me on TAX REFORM American Miners Act, has bipartisan the wall. He had not read the decision. Mr. President, finally, in a week or support on both sides in the Senate and He has already built so much of the so, it will be 2 years since Republicans over in the House. I know if Congress wall. Well, thank you, Mr. Trump. You jammed through a massive tax cut for passed it, President Trump would sign have just buttressed a portion of the corporations and the megawealthy on a it. I know that. wall that President Obama built—noth- party-line vote. Can you imagine being one of the ing new. Two years later, it is worth looking coal miners trying to enjoy your holi- As we look ahead to concluding nego- back on the promises Republicans days this year knowing that you might tiations on appropriations before the made when selling this to the Amer- wake up January 1 with no healthcare end of the year, my Republican col- ican people. At the time, the President coverage and a reduction in your pen- leagues should remember that a Fed- said the bill would be ‘‘a middle-class sion? eral court ruled the Trump administra- miracle.’’ The administration promised Let me explain to you the pensions. tion was beyond its legal right when it Americans would get a $4,000 raise. The average pension of a coal miner— took funding from other sources to Congressional Republicans said giving most of these are widows now because build a wall. a corporate tax cut would boost jobs the miners might have passed away—is NOMINATION OF LAWRENCE VANDYKE and investment. $600 or less, so we are not talking about Mr. President, the VanDyke nomina- Two years later, it is clear the tax thousands of dollars. We are not talk- tion, today, the Senate will vote on the bill has failed to live up to any of those ing about that whatsoever. This is all confirmation of Lawrence VanDyke to sunny predictions. Middle-class wages the means of sustaining a quality of serve on the Ninth Circuit Court of Ap- still aren’t growing fast enough to keep life or helping them through a quality peals. After seeing so many radical and up with the cost of living. Businesses of life. unfit judicial appointments over the aren’t investing in newfound profits in These coal miners and their families past few years, I am almost surprised jobs or wages. In fact, since the passage deserve the peace of mind of knowing

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.005 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6961 that the healthcare they have earned We rely on law enforcement officers porations then turned around and shov- and the pensions they have paid—these to keep us safe. Each day they put on eled that money back to the share- are things they have paid into and their uniform, knowing the risks that holders who, by and large, are wealthy earned. They didn’t take home this come with public duty to serve and to themselves, and you saw a historic money. It stayed right there in their protect. Officer Carr’s death is a re- boom in stock buybacks. investments. We can give them that minder of the dangers these first re- Now the sugar high has worn off, and peace of mind today, and no legislative sponders face daily and how quickly a I have been going home for town meet- business will pass without coal miners situation can go from ordinary to dead- ings open to all. I am going to be in a first. ly, which is why those willing to take county this weekend that President I reluctantly say that we might be on this role deserve both our gratitude Trump won. I will be listening to peo- here through Christmas or we might be and our respect. ple. I won’t give any speeches. I will be here through New Year’s, but I will do The outpouring of support from the just listening to people. What I hear at and make whatever sacrifice I can for Fayetteville community has been a these meetings in counties in Oregon the people who made the sacrifice for tremendous strength to the police de- that Donald Trump won is that folks us, and that is the coal miners who partment as they mourn the loss of a see very little evidence that their lives provide the energy for us to be the brother in blue. I pray they we will find have changed or that somehow this tax greatest Nation on Earth, for us basi- comfort from this encouragement dur- bill ended up trickling down to them. cally to be the superpower of the world ing this very, very difficult time. My sense is, it is amazing that a bill and the leader of the free world. It is My thoughts and prayers go out to can cost so much and can borrow so because of the energy they have pro- Officer Carr’s family and friends. I also much and fail the middle class so thor- duced. If we can’t honor that, then stand with all Arkansans in expressing oughly. what do we honor, whom do we honor, our gratitude for Officer Carr’s service There are two issues that are impor- and what is our purpose for being here? and commitment to honoring the sac- tant to focus on going forward, and we I ask each one of my colleagues to rifice that he and others have made to are going to talk about those. There is please talk to all of our leaders. Let’s protect us. We will forever remember a lot of talk about how congressional come together sensibly. Let’s make him as a true American hero. Republicans and the Trump adminis- sure this is in the package we put to- With that, I yield the floor. tration are talking about another—an- gether, and we will continue business The PRESIDING OFFICER. The Sen- other—scam tax proposal, basically and be able to go home and enjoy the ator from Oregon. going to the same playbook that made holidays the same as they should be TAX REFORM the middle class an afterthought 2 able to enjoy the holidays. Our going Mr. WYDEN. Mr. President, over the years ago. I think it is important that home and their not being able to enjoy next 45 minutes or so, finance Demo- people understand that all the evidence it is not who we are; it is not the Amer- crats will come to the floor, and we indicates this second bill isn’t going to ican dream; and it is not who we are as will be discussing the second anniver- focus on the middle class either. Americans. sary of the Trump tax bill. As the According to the reports in the press I yield the floor. ranking Democrat, I am going to begin that have been discussing this new Re- The PRESIDING OFFICER. The Sen- it. I know my colleagues will be joining publican proposal—which is, in effect, ator from Arkansas. me. an admission that the first proposal HONORING STEPHEN CARR The Trump tax law is now 2 years failed the middle class while helping Mr. BOOZMAN. Mr. President, I rise old, and for millions of middle-class the most fortunate—what we hear today to honor the life of Fayetteville, Americans, it is not a very happy anni- about this new proposal is that Repub- AR, Police Officer Stephen Carr, who versary. My own view is that the eco- licans are considering what would made the ultimate sacrifice in the line nomic legacy of the Trump administra- amount to yet another massive hand- of duty on Saturday, December 7. tion will be that they spent $1.5 trillion out for folks at the top of the economic Officer Carr was sitting in his patrol to widen the economic gap in America. pyramid. car in the parking lot behind the police If I were to sum up what the law—the One Trump adviser is reportedly dis- station when he was shot and killed. Trump tax law—was all about, it was cussing a proposal that would effec- The 27-year-old had been a member of about making wealthy people wealthier tively wipe out the taxation of capital the Fayetteville Police Department for and the middle class being an after- gains, and we all know that a frac- 21⁄2 years and was assigned as a patrol thought. I am going to walk through tion—a tiny fraction—of the American officer in the Dickson Street entertain- some of the reasons I reached that people get most of those capital gains, ment area. judgment, and then my colleagues will and they happen to be the most fortu- In that short time with the police de- be getting into some of these issues as nate. partment, he demonstrated his profes- well. The U.S. Tax Code is already a tale of sionalism and duty to upholding the Donald Trump and Republicans in two systems. We have one for cops and rule of law. The Fayetteville police the Congress promised—promised— teachers. Their taxes are taken out of chief described Carr as an exemplary they would write a bill that was fo- every single paycheck. We have an- officer who was an all-American boy. cused on helping workers and the mid- other one for high flyers who can make The chief said at a press conference dle class. The President told me per- most of their money, for example, off over the weekend: ‘‘If I had 131 Stephen sonally that he thought he and people investments. To a great extent, be- Carr’s, I wouldn’t be more ecstatic.’’ like him should not get a tax break. He cause of the laws that allow them to Carr grew up in a law enforcement said that to me personally, but that defer paying their taxes, those high fly- family. He witnessed the dedication, simply wasn’t the case. ers can pay what they want when they service, and commitment to protecting We were told that the Trump tax leg- want to. I don’t know of any cops or the community by people he loved. His islation would pay for itself. That was teachers in North Dakota or Oregon friends described him as a strong and wrong by a couple of trillion dollars. who have that. Their taxes are taken kind person, whose lifelong dream was We were told that it would kick off a out of every paycheck once or twice a to serve as a police officer. towering wave of job-creating invest- month. Their system is mandatory. He loved spending time outdoors ments in so many hard-hit American If you are a high flyer and you make hunting and fishing. A graduate from communities. That has not been the most of your money off investments, The Woodlands High School in The case. We were told that workers would your taxes aren’t mandatory, and if Woodlands, TX, Carr played football get, on average, a $4,000 raise. That was you use the doctrine of tax deferral, and earned recognition as an all-dis- wrong once more. It was wrong on all you can just defer and defer and defer. trict offensive lineman. He went on to counts with respect to the promises And after you pass, you can hand ev- play football at Southwest Baptist Uni- made to the American people. erything off to your kids, Johnny and versity in Bolivar, MO, and his former What, in fact, did happen is rates Mary, and they get the stepped-up coach described him as a young man were slashed for folks at the top and basis, and then they get to do the same who made a big impact on campus. multinational corporations. The cor- thing.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.007 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6962 CONGRESSIONAL RECORD — SENATE December 11, 2019 You have to have one set of rules are the high flyers and corporate ex- first time in State history. More jobs that applies to everybody. That is what ecutives who are tallying up stock were created in those 8 years—in the 8- we, on our side of the aisle, have been buyback benefits and the handouts year period in the history of the State working for. We think you ought to they got, but if you work for a living, of Delaware. I don’t say that to be have one set of tax rules that applies to you really are saying: This sure looks boastful. I didn’t create one of them. everybody. That, by the way, gives ev- like a con job. As Governor, I tried to provide some erybody in America the chance to be In the months and years ahead, my leadership and to work with stake- successful. That is what Bill Bradley— Democratic colleagues and I on the Fi- holders in our State and in our govern- somebody I look to for advice, a mem- nance Committee and in our caucus are ment and outside of government—peo- ber of the Finance Committee, and an- going to be working with anybody who ple from all walks of life and busi- other tall Democrat with a lot better is interested in fixing our broken tax nesses large and small. I tried to create jump shot than mine—but he and Ron- system for good. We have shown that is a nurturing environment for job cre- ald Reagan got together, and they pro- our interest. Personally, I wrote the ation and job preservation. That is duced a proposal that gave everybody only two comprehensive bipartisan pro- what we tried to do, and we were pretty in America a chance to get ahead. posals to reform our taxes since Bill good at it. We were pretty good at it. That is not what this new Trump tax Bradley and Ronald Reagan got to- We are still pretty good at it in Dela- discussion is all about, this new pro- gether, first with Judd Gregg, then the ware. posal. I am not talking about the top chairman of the Budget Committee That nurturing environment is made paying a fair share. I will just mention and, most recently, with our colleague up of a lot of different things. Among what it could mean for folks at the who is director of National Intel- the elements are our workforce, people very top. Wealthy people whose income ligence, Dan Coats. who are educated, trained, and have is based on capital gains could be off So I and others—and I see TOM CAR- the experience to work to contribute in the hook completely—completely. PER, a valued member of the Finance the workplace, whether it is agri- The first Trump tax law took what is Committee from Delaware here—are culture, tourism, financial services, already broken about our tax system, committed to working with our col- manufacturing, technology, you name and they embedded unfairness to the leagues in a bipartisan way to have a it. middle class and made the problem tax system that gives everybody a Right now, we have a big challenge in even worse. They are not going to fix it chance to get ahead. That is not what filling all of these holes in jobs around by doubling down on the same failed we got 2 years ago, but we want it un- the country. We just got a jobs report policies. derstood that we are going to continue, last Friday that shows how the job The second issue that the Trump and I say personally, as ranking Demo- market was going in the country in the folks are apparently going to be focus- crat on the Finance Committee, that month of November. One of the things ing on, going forward, is handouts to we are going to continue to reach out we learned in the jobs report was that billionaires and corporations. That is a hand of welcome to Republicans who maybe about 156 million or 157 million the big accomplishment to date. It is want to work for something different people went to work in November every inseparable from the Trump agenda, than what passed 2 years ago and a tax day, but there are 5 million or 6 million which is all about helping those at the jobs where nobody showed up. Nobody top at the expense of everyone else. code that would create one set of rules Donald Trump has sought to kick in America, built on fairness, that ap- showed up because they didn’t have the more than 20 million Americans off plies to all Americans. skills, the education, or the training, their healthcare since day one. He has I note my colleague from Delaware is or they didn’t live in the right part of tried to gut Medicaid, which is a life- here to make remarks on this subject. the country, they didn’t want to do line for so many seniors who depend on I yield the floor. that kind of job, or maybe they long-term care and nursing homes, and The PRESIDING OFFICER. The Sen- couldn’t pass a drug test. it is a centerpiece of our fight against ator from Delaware. A lot of jobs are going wanting in Mr. CARPER. Mr. President, I thank opioid addiction. this country. That has to be a concern The President proposed slashing edu- my colleague and my friend for his as we try to provide a nurturing envi- cation funding for students and teach- leadership, and I thank him for yield- ronment, work on the workforce side of ers and slashing housing funds at a ing the floor to me. preparing them for success, and help to time when millions of Americans are I have been here 19 years. It is pretty bolster the growth of our economy struggling to afford rent or to cover hard to believe. Some of my detractors going forward. the mortgage. I can go on—home heat- say it seems longer. It has gone by Among the other pieces of that nur- ing assistance, Meals on Wheels, same pretty fast. In the past, I have been turing environment, besides the work- pattern again and again. privileged to have been a naval flight force, are access to foreign markets Tax handouts for the most fortunate officer for many years and retired as a and the investment by the Federal multinational corporations and billion- Navy captain. I am the last Vietnam Government and State governments, aires—the ones we were told would pay veteran to serve in the U.S. Senate too, in the private sector to put invest- for themselves—sent the deficit into today. ment into research and development the stratosphere, and then working I have been privileged to serve as that can be commercialized in order to people and the middle class, in addition treasurer, Congressman, Governor, and create the successful businesses going to being an afterthought in terms of Senator for my State. I loved being forward in the future. benefits, are expected to endure the Governor. I love being a Senator. I am Transportation is important, not just pain of the Trump budget cuts. really lucky. There are 1,900 people in roads, highways, and bridges, but rail Middle-class folks know they got a the history of our country who have transportation, shipping, air. All of raw deal in the Trump tax law in 2017. had the privilege of serving here, and that is important. Access to the inter- That is why it has been so unpopular. I we get to be among them. net—there are a lot of places in the was struck in the campaign of 2018 by Before I came here, I was Governor country that don’t have access to the Republicans who thought they had for 8 years and got to be chairman of internet. We think they are just in done something that would be so valu- the National Governors Association as rural areas, but a lot of them are in able to the American people. They well. It was a huge honor to work with cities—in cities that have tough neigh- couldn’t even go out and talk about it Governors. There are a bunch of former borhoods and are struggling. with middle-class folks because middle- Governors here whom I get to work Last night I was privileged to have class folks would say: We didn’t really with today. I like that a lot. dinner with the cabinet secretary for see much of anything. We might have During the 8 years I was Governor, the State of Delaware, who has been gotten a little bit to take the family to we had 8 years of balanced budgets. In working in a great partnership in our dinner, but we don’t remember getting 7 out of those 8 years, we actually cut State, where the State provides money much of anything. taxes, but we always balanced our and we work with private sector part- So, on the anniversary of the Trump budget. We paid down some debt, and ners to help bring broadband to vir- tax law, the people who are celebrating we earned an AAA credit rating for the tually every rural part of our State.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.008 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6963 That is a great goal, and I think we are As it turns out, that is not true. It questions about how much longer term, closing in on achieving that. That is wasn’t true this time, and, frankly, it sustainable growth will result from the another important element in the envi- has been asserted many times that if law. For example, CRS found that the ronment for successful businesses and we can continue to cut taxes, revenues tax law made investing in R&D com- for business growth. will just flow, and everything will be parably more expensive than investing Other ingredients include public safe- just hunky-dory. That is not true, un- in other areas, such as equipment and ty, and they include the protection of fortunately. structures. But R&D investment actu- our intellectual property, cyber secu- Almost 2 years, to the day, have ally increased faster than investment rity, and the ability to make sure that passed since the Republican tax bill in equipment and structures in 2018. for our products—whether they are was enacted. I think it is time to take In fact, now that the sugar high of goods and services, or goods or serv- a good look at some questions that my the corporate tax cuts has passed, busi- ices, or both—we have the ability to Democratic colleagues and I posed ness investment has started to slow in sell those into markets around the when we were debating this bill, to see 2019 to the point where the Federal Re- world without impediment. how this law has fared. serve has cited what they call contin- Another one that is important is the First of all, is it fair? ued softness in business and invest- Tax Code—a tax code that is fair, a tax A fair tax law would have ensured ment as a key reason for the Fed’s code that fosters economic growth, a that working families in Delaware and most recent interest rate cut. Instead tax code that is not incredibly difficult across the country share in the bene- of sustained investments, corporations for people to understand and comply fits of tax reform. Unfortunately, the have used their savings from the tax with, and a tax code that doesn’t leave 2017 Republicans tax law fails the fair- law for record-setting stock buybacks us with a huge hole in our budget def- ness test in spectacular fashion. that have an outsized benefit for icit. According to the nonpartisan Tax wealthy shareholders and senior execu- The folks at CBO tell us these days, Policy Center, by 2027, the top 1 per- tives. if we look at spending as a percentage cent of earners will receive 83 percent Job growth follows the same pattern. of GDP—Federal spending as a percent- of this tax law’s relief. Eighty-three Despite President Trump’s constant age of GDP—today, it is a little over 20 percent is for the top 1 percent. By the self-congratulations over jobs numbers, percent, maybe 20.5 percent. The per- same time, Americans earning less job growth has averaged about 180,000 centage of revenues of GDP is about 16 than $75,000 will actually see their per month so far in 2019, down from the percent. When you spend 20 percent of taxes go up. How about that? sugar-high average of 223,000 per month GDP and you raise about 60 percent of When it became clear that the in 2018. In fact, average job growth in GDP revenue, that delta there is our wealthiest Americans would get the 2019 is more comparable to job growth deficit. lion’s share of the benefits, this admin- in 2016, where it was about 193,000 a The deficit for the last fiscal year istration tried to play a game of smoke month. In 2017, it was about 179,000 per was $850 billion. I haven’t sat down and and mirrors with the American people month, in the 2 years leading up to the added this up. That is probably more by promising that their massive cor- tax law’s enactment. than the first 200 years of our country, porate tax giveaway would trickle The third question: Did it simplify combined, and it is $850 billion in 1 down to working families. the Tax Code? year. President Trump told us that the av- One goal of tax reform was supposed The deficit for the current year is ex- erage household would see their income to be simplifying the Tax Code, to re- pected to be $1 trillion. It is an un- increase by $4,000 to $9,000 per year. duce the unpredictability and uncer- imaginable number, except maybe in Sadly, it is clear that has not hap- tainty, but the 2017 Republican tax law the case of a war, like World War II or pened. In fact, according to a report by fails on this question too. maybe World War I. the nonpartisan Congressional Re- In 2017, Republicans said that after I serve on the Finance Committee search Service, ordinary workers saw tax reform, Americans would be able to with Senator WYDEN, Senator BROWN, very little wage growth in 2018. file their taxes on a postcard. What we who is on the floor now, and Senator What about the bonuses that workers ended up with last year is a mighty big STABENOW. We were faced with the op- were promised? That same Congres- postcard—one that included six new portunity to do smart things with re- sional Research Service report shows schedules, and, as then-National Tax- spect to our Tax Code, to try to make that the bonuses attributed by compa- payer Advocate Nina Olson predicted, it more fair, better able to foster eco- nies to the tax law—when divided caused additional complexity and has- nomic growth, less complex, and, actu- among all American workers—comes sle for taxpayers, increased the risk of ally, to reduce deficits. out to $28 per person. It is not exactly errors, and resulted in higher tax prep- As it turned out, without a single the rewards that were promised. aration bills for most American fami- Democratic vote—in fact, we didn’t The second question is, how does this lies. In fact, the word ‘‘postcard’’ got have the opportunity to offer amend- tax law encourage economic growth? It to be so unwieldy that the IRS has now ments as the measure moved through was passed at a time when we were redesigned the form to look more like committee and on to the floor through about 8 years into the longest running the one Americans filled out pre-tax the Senate, and we had no opportunity economic expansion in the history of law. to offer amendments. the country when this was enacted. It We also failed to get greater cer- I just sat in a hearing in the Finance came as the economy was growing con- tainty from the 2017 tax law. I have Committee a few minutes ago, and sistently for almost a decade. heard from Delaware families and busi- they quoted Rob Wallace, from Wyo- Two years ago, a survey of top econo- nesses alike that they are concerned ming, a senior official now in the Inte- mists from across the political spec- about the impact of the tax law’s mis- rior Department. Rob Wallace likes to trum found that only 1 out of the 43 ex- takes and unintended consequences— say that the best solutions are the perts surveyed believed this type of tax an unsurprising development since our most lasting solutions, and they are bi- reform would boost economic growth. colleagues rushed to pass the law in partisan solutions. They are bipartisan It turns out that the other 42 were the dead of night without any public solutions. We had the tax changes. right. Don’t take my word for it. Let’s hearings and with changes scribbled in They were massive changes in the Tax look at some facts. the margins. Code that were run through here with- The CRS report I mentioned earlier What is more, the law created a new out any bipartisan support. found that in 2018, GDP grew at 2.9 per- fiscal cliff at the end of 2025, which We were told at the time the tax bill cent, the same as what the nonpartisan makes tax policy unpredictable for was signed into law by President Congressional Budget Office predicted families and businesses. Trump that it would pay for itself, that before the tax law was factored in. That brings me to my fourth and it would not increase deficits—that it Business investment did increase in final question: Has it been fiscally re- would actually pay for itself, it would 2019, but CRS found that the invest- sponsible? lower taxes. It would pay for itself, and ment patterns did not align with the Even though the law’s individual pro- we would have more revenues. incentives of the 2017 tax law, raising visions—including the increase in child

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.010 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6964 CONGRESSIONAL RECORD — SENATE December 11, 2019 tax credit increase in the standard de- to the richest people in the country. It three of us right here in this room duction—expire at the end 2025, this was a $1.5 trillion tax cut. Seventy per- right now, Senator CARDIN and Senator law blows a $1.5 trillion hole in our na- cent of it went to the wealthiest people STABENOW and I, were in the midst of tional debt. And it will be far costlier in the country. We know that. We pret- this—when this tax bill was written, it than that as the deficits grow in the ty much knew that in the beginning. was written in the Senate Finance years and decades ahead. We know the President said all kinds of Committee. You know, when we do Two years ago, our Republican things—one lie after another—about it. things in the Senate, we do these friends in Congress and the administra- I want to tell two stories. One of things out in public—in the Senate Fi- tion repeatedly claimed their tax law them is from when I was at the White nance Committee—but we know that would pay for itself. As I said earlier, it House with the President and half a much of the work is done in Senator just hasn’t happened. dozen other Senators sitting in the MCCONNELL’s office down the hall. That According to the nonpartisan Con- President’s Cabinet Room when he was is where the corporate lobbyists who gressional Budget Office, U.S. tax rev- talking about the tax bill. He said to want these big tax cuts line up. enue in 2018 was $275 billion lower than me and to other Senators that every We were doing our public meeting in if the tax law had not been enacted and American will get at least $4,000 more the Senate Finance Committee, and lower than otherwise would have hap- in their paycheck—at least. I guess he they were in such a hurry to pass this pened. This sharp drop in corporate in- meant people in Gallipolis and Ironton, bill. We worked way into the night, come tax revenue has been particularly OH, and Portsmouth and Cleveland and which we are all fine with doing, but dramatic. Lansing, MI, and Kalamazoo and every- the next day we worked, they were CBO data shows that corporations where else. He said everybody was moving so fast that we would get an paid $135 billion less in 2018 than they going to get $4,000. That is what he said amendment that would be handwritten would have if the law had not gone into when the bill was being written. When in not very good writing, and it would effect—a decline of nearly 40 percent. he signed it, he said everybody was be added to the bill, and we really going to start seeing a lot more money As a result, U.S. revenue as a percent- didn’t know exactly what we were vot- in their paychecks. Well, he lied. No age of GDP in 2018 was 16.4 percent, a ing on. They didn’t want to give us surprise there—he always does that. He lot lower than the 19 percent during time to do it. the 4 years of balanced budgets in the lies about a lot of things. But I particu- The people who run this place—Sen- larly take it personally when he lies Clinton administration, when we had a ator MCCONNELL and the special inter- about something like that; when voters Republican majority in the House and est lobbyists who line up down the in Lima and Piqua, OH, don’t get what Senate. hall—know that if they can operate he promised them; when citizens and The other side of this equation is, and people can’t understand what they workers just don’t get the help. again, that the spending was 20.5 per- are doing—they will work all night At the same time, when I was at that cent. That delta between those two meeting, I went up to the President. I sometimes. They will do things by numbers explains the deficit. had in my hand a bill I was working on hand instead of actual legible writing Let me close with this. I would like called the Patriot Corporation Act. I so that we end up with the kind of con- to quote a fellow from Wyoming, who went up to the President after the fusion that came out of that. Well, you was recently before the Energy and meeting. I had mentioned it during the know what happened, Mr. President. Public Works Committee. He has been meeting, and then I walked up to him There were all kinds of mistakes in nominated to be the head of the part of and said: Mr. President, this is the Pa- this bill, and the President signed it. the Interior Department that includes triot Corporation Act. I want you to We didn’t know what the mistakes national parks and fisheries and wild- consider this. were, but then we found out. life. He used to work for Malcolm Wal- Unlike the bill we were looking at, Now Republicans are coming back lop here. He is a longtime friend of which gave tax cuts to all kinds of cor- and they want us to clean up this mess. JOHN BARRASSO and I think others porations and all kinds of the wealthi- Well, cleaning up the mess means more from Wyoming, MIKE ENZI. He is a very est people in this country, the Patriot corporate tax breaks, more giveaways impressive guy. I like him a lot. This is Corporation Act was simple. The Pa- to corporate America, and more help one of the things he said: Bipartisan triot Corporation Act said: If you pay for the richest 1 percent in this coun- solutions are lasting solutions. That is your workers a decent wage; if you pro- try. what he said. He said: Bipartisan solu- vide adequate benefits—health and re- We are saying: We want to fix the tions are lasting solutions. tirement—to your workers; and if you technical mistakes you made when you The tax law that was enacted 2 years are in manufacturing and you do your hurried through this bill. We want to ago was not a bipartisan solution. As it production in the United States, then do that. We all voted against the bill turns out, in retrospect, it has not been you will get a break on your taxes. So because it was a corporate giveaway fair, it has not fostered the kind of eco- if you do things right as an employer— and a giveaway to the rich. We want to nomic growth long term that we ex- decent wages, decent benefits, do your fix this so the Tax Code actually reads pected or hoped or told it would bring, production in the United States—you right and there won’t be all these court and it has not made the Tax Code all get a lower tax rate. But if you don’t, cases regarding it. But if we are going that much simpler. And, finally, it has if you pay low wages or outsource jobs, to do that, you are going to give some just dramatically inflated the budget you pay something called the corporate tax breaks to middle-class families, deficit. That is not sustainable. Other freeloader fee. and you are going to pass legislation than that, it turned out just great. This is because so many companies in expanding the earned income tax credit I yield the floor to some others who this country—they might be retail out- and the child tax credit. have been waiting, including Senator lets, whatever these companies are— We have simply said to the President BROWN and Senator STABENOW. pay $8 or $10 or $12 an hour, and their and to the Republican majority that The PRESIDING OFFICER (Mr. workers are eligible for Medicaid, food writes these bills that we will work PERDUE). The Senator from Ohio. stamps, Section 8 housing, and, basi- with you. We want to do that, but you Mr. BROWN. Mr. President, I appre- cally, those companies are subsidized are not going to hurt middle-class and ciate the comments of Senator CARPER by taxpayers. So why not have a tax working-class taxpayers again. You are and Senator WYDEN and all the mem- system where corporations that do the going to expand the earned income tax bers of the tax-writing committee with right thing get a lower tax rate, and credit, take care of electric vehicles Senator STABENOW. I believe a couple corporations that rely on the govern- and the kinds of issues we want to do more Senators will join us—I believe ment to fund them—food stamps, the there, but fundamentally you are going Senators CARDIN and CANTWELL. earned income tax credit, Medicaid, to help low-income and moderate-in- Thanks for the work you do, Senator and all of that—those corporations come children whose parents work just STABENOW, on this issue and so many ought to pay a corporate freeloader fee as hard as any Senators work but don’t others. to the government. have much to say for it. We all know now what the Trump tax That is the first story. The second Again, it comes down to, whose side scam did. We know it was a giveaway story I wanted to tell you about—the are you on? Are you going to stand

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.011 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6965 with workers, or are you going to stand proudly make things and grow things, not what happened with this tax give- with corporations? Do you fight for that is deeply concerning to me. away. Wall Street, or do you fight for the dig- Meanwhile, in the first year of the I yield the floor to the Senator from nity of work? If you love this country, Republican tax betrayal, businesses re- Maryland. you fight for the people who make it warded CEOs and wealthy shareholders The PRESIDING OFFICER. The Sen- work. The President promised to fight with more than $1.1 trillion in stock ator from Maryland. for American workers. He betrayed buybacks. What does that mean? That Mr. CARDIN. Mr. President, I join American workers, as he has betrayed means you do a buyback of your stock. my colleagues on the floor today to American workers on minimum wage It drives up the price of the company point out that 2 years ago, we had an and overtime and trade deals. He has stock. It enriches the CEOs and major opportunity in the Congress to reform betrayed workers over and over again. shareholders but does nothing for the the Tax Code. The Tax Code, basically, He broke that promise he made. workers. In fact, corporations spent 140 was the one enacted in 1986. In 2017, we It is important that we fix it and we times as much money on stock had an opportunity to reform that Tax fix it for the broad middle class in this buybacks as they did on increasing Code, and that opportunity was missed. country. wages and benefits for workers. In 2018 What the Republicans did, instead of I yield the floor. alone, the 10 biggest drug companies engaging in a truly bipartisan process The PRESIDING OFFICER. The Sen- spent $115 billion—with a ‘‘b’’—on that would have used the expertise of ator from Michigan. stock buybacks and dividends, but I all Members of Congress, they went on Ms. STABENOW. Mr. President, I don’t recall seeing the cost of medicine a partisan mission in order to help big want to join with my colleagues today go down. Instead, they keep raising the corporations and wealthy taxpayers at in expressing great dismay as we are prices, which is outrageous. the expense of middle-income tax- approaching the 2-year anniversary of Perhaps the most ridiculous promise payers and fiscal responsibility. As a the massive Republican tax giveaway. that President Trump made was on the result, our children and grandchildren Middle-class families and workers have national debt. He said: ‘‘We have $21 will pick up the tab for this bill, and not gotten even remotely close to what trillion in debt.’’ That is what he said those who are going to benefit will not they were promised. Instead, President back in July 2018. ‘‘When [the Repub- be middle-income families. They are Trump and Republicans gave the big lican tax law] really kicks in, we’ll the losers. The ones who are going to drug companies, the wealthiest Ameri- start paying off that debt like water.’’ benefit will be big corporations and cans, and other special interests an I am not exactly sure what that meant, wealthy taxpayers. enormous tax cut just in time for the but it didn’t happen. Instead, the Fed- Let me just talk about some things holidays. Merry Christmas to them. eral budget deficit has risen by $319 bil- that should be the basic ingredients for But what did he give the majority of lion so far, and counting, since the pas- tax reform. families in Michigan? He gave them sage of the Republican tax law. First, it should be fair to the tax- the equivalent of a beautifully wrapped To add insult to injury, our friends payers of this country. The tax bill gift box with nothing in it. There is a across the aisle doing the budget used that was enacted 2 years ago was cer- word for that, when you make a bunch the fact that there was a deficit to one tainly not fair. It failed in that test. As of promises and fail to keep them. In more time say that we need $1.5 tril- I pointed out, who benefited? Large Michigan, we call that a betrayal. lion in cuts to Medicaid and $800 billion corporations benefited dramatically by President Trump made some really in cuts to Medicare to reduce the def- this bill, but they said: Look, we will big promises about the Republican tax icit because, oh my gosh, we have a pass it on to the workers. Yet did they giveaway. In his words, it would be deficit, so we should take healthcare pass it on to the workers? In 2018, $1.1 ‘‘one of the great Christmas gifts to away from seniors and families across trillion was used to repurchase stock middle-income people.’’ Unfortunately, America. to make the wealthiest even wealthier, President Trump turned out to be less On top of all of that, the Trump ad- and it did not go to the benefit of the like Santa Claus and more like Ebe- ministration now is implementing workers. The benefit was the greatest nezer Scrooge. The wealthiest 1 percent rules that could take food assistance on the personal income tax side as it of taxpayers received an average tax away from up to a million people who went to the highest income taxpayers. cut 64 times the size of the one given to work part time or seasonal work. They They are the ones who benefited the the middle class. get a job at the mall during Christmas, most, and it was not fair to middle-in- He said—as my other colleagues have but then they lose it. They are in and come taxpayers. referred to—people would get an aver- out of the market. By the way, the av- Secondly, a tax reform bill should be age of $4,000 more in their income. We erage amount of help to these men and fiscally responsible. After all, we have in Michigan are still waiting for that women who are working hard, trying taxes in order to raise revenue, in order $4,000 per person who is working to to hold it together, is $127 a month— to pay for services so we don’t borrow show up. What happened is, the real just barely making sure they are not from the future—from our children and number is about $514. And what is even starving. As another Republican Presi- grandchildren—to pay for what we are worse is that bonuses for working peo- dent once said, ‘‘There you go again.’’ doing today. The administration said ple have actually gone down 22 percent Let me say in conclusion that 2 years this would be a fiscally responsible bill. since the tax giveaway passed. Bonuses ago, President Trump promised middle- The verdict is back, and $2 trillion has are down, not up. You don’t have to class families, working families across been added to the national deficit—$2 have the math skills of Bob Cratchit to Michigan and the country, a whole lot trillion. It has certainly failed on fiscal know that is far from what was prom- of things. He said that the deficit responsibility. Corporate taxes have ised. would disappear, that corporations gone down 40 percent. So we have given He also promised that businesses would pass along their tax savings in a break to corporations at the expense would use their tax windfall to invest the form of jobs and better wages, and of our deficit. Who is picking up the in workers and create jobs. Unfortu- that people would get $4,000 more in bill? Middle-income taxpayers are pick- nately, that has not happened. We their paychecks, in their income. He ing up the bill. know that in the third quarter of this said that this giveaway would be one of Thirdly, the Tax Code should be effi- year, business investment was a nega- the great Christmas gifts to middle- cient, and we should try to make it as tive 2.7 percent. That is the second class people. Instead, the majority of simple as possible. No one can argue straight negative quarter for business Americans got a lump of coal. that the 2017 tax bill has simplified the investments despite the promise of Promises have not been kept. We be- Tax Code or has made it more efficient. ‘‘tremendous’’ business investment. I lieve in keeping promises in Michigan. To the contrary, we are now told we am deeply worried because we have had This is about more than the numbers; are going to need technical corrections two straight quarters now of contrac- it is about making sure everybody who because of the mistakes that were in- tion on manufacturing, which is actu- is working hard is treated fairly and cluded in it. I can say, in my talking to ally the technical definition of a reces- has a fair shot to care for their families many individuals who had the plan sion. Coming from Michigan, where we and have the American dream. That is based upon the Tax Code, that there is

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.013 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6966 CONGRESSIONAL RECORD — SENATE December 11, 2019 so much more uncertainty in the Tax help them—because they don’t pay the standing the scope of the problem. If Code now than there was prior to the C rate but, rather, the individual rate, we don’t have the tools in place to take passage of the 2017 tax bill. and the pass-throughs that were put in care of these folks when they return Who is going to pick up the tab? Mid- here don’t benefit small companies. So, home, then, we should think twice be- dle-income taxpayers are going to pick when we are talking about helping the fore we send them in the first place. up the tab, and let me just give you driver of our economy—small busi- I urge the Senate to vote for this bill some examples. ness—the tax giveaway 2 years ago has when it comes up and to get it passed The 2017 bill included a limitation on made it even more difficult. out of this body quickly so the Presi- State and local tax deductions, and let The better way is to work in a true dent can quickly sign it into law. me just talk a little bit about the tax- bipartisan fashion and engage all Mem- It is not something that can solve payers of Maryland. Almost 50 percent bers of Congress on both sides of the our suicide problems among our vet- of Maryland’s taxpayers used the aisle. Let us truly change our Tax Code erans by itself, but it is certainly one itemized deduction and took the advan- so that middle-income families benefit of the tools in the toolbox that can tage of taking off of their Federal taxes and so that we don’t burden future tax- help folks when they need help and to what they paid in State and local taxes payers by our making irresponsible ensure that no veteran slips through so they didn’t have a tax on a tax. As changes that are not fully funded. Let’s the cracks. a result of the limitations that were do it in a way in which it will help the I want to thank the Senator from imposed in 2017, these taxpayers are growth of our economy. That is what Alaska for everything he has done to now no longer able to take the full we should be doing. There was a missed make sure that this bill becomes a re- amount of the State and local tax de- opportunity 2 years ago, and it is mov- ality. ductions. In fact, because of the full I yield the floor. ing the Nation in the wrong direction. The PRESIDING OFFICER. The Sen- changes, Maryland’s number is down to I suggest the absence of a quorum. ator from Alaska. about 25 percent when we did have al- The PRESIDING OFFICER. The Mr. SULLIVAN. Mr. President, I most 50 percent taking advantage of clerk will call the roll. want to thank my friend from the The legislative clerk proceeded to itemized deductions. We have lost great State of Montana, Senator about half of those filers who today call the roll. TESTER. This is actually a bill that he Mr. TESTER. Mr. President, I ask can’t take any of those tax deductions. and I have cosponsored out of the Vet- unanimous consent that the order for This is an affront to federalism, and erans’ Affairs Committee, and it is a the quorum call be rescinded. it also hurts middle-income taxpayers. companion bill that we are going to be The PRESIDING OFFICER. Without It is philosophically wrong to have a bringing over from the House to vote objection, it is so ordered. tax on a tax. So the verdict is in with on here in a couple of minutes to hope- Maryland taxpayers, and the average SUICIDE PREVENTION COORDINATORS ACT fully get this on the President’s desk refunds are down 6 percent. The re- Mr. TESTER. Mr. President, I rise very soon to get him to sign it. funds are what middle-income tax- today because far too many of our vet- There is a lot of legislation that fo- payers depend on, and they are down in erans feel like they have run out of op- cuses on these kinds of issues: How do our State. tions when it comes to dealing with the we address this growing problem of sui- It has also affected the ability of physical and mental scars of war. cide in our country? State and local governments to provide These are folks who have served in de- The real tragedy is that all suicides essential services that are important fense of our freedoms and who often are tragic, but there are very high for all citizens. Yet whether it is their suffer tremendous invisible wounds of numbers of suicides that impact our support for public education, public war. veterans. safety, et cetera, these essential serv- I can’t tell you the number of times My State, the great State of Alaska, ices are very much dependent on mid- I have heard from men and women in has more vets per capita than any dle-income families. All of those are uniform, in Montana and across this State in the country. We are proud of now being stressed because of the re- country, who feel helpless, and they that patriotic fact. Sadly, we also have strictions on State and local tax deduc- feel as though they have been aban- some of the highest suicide rates in tions. doned by their own country. The facts America. Let me also talk about middle-in- tell us that we are not doing enough So since I have come to this body, I come taxpayers. They don’t benefit here in this body to help. The reality is have had the privilege to serve my fel- from the corporate tax cuts, which I al- that our country loses as many as 20 low Alaskans, and focusing on suicide ready pointed out, but these tax cuts Active-Duty or veteran servicemem- has been a very, very important issue were made permanent. The individual bers each and every day due to suicide. for me. It is a very important issue for tax changes were temporary in nature. Regardless of political party, we can my constituents, and it is a very im- Again, this hurts middle-income fami- all agree that one life lost to a suicide portant issue for America. As a matter lies. is too many. of fact, the first bill I cosponsored as a Lastly, let me point out that it was That is why, as ranking member of U.S. Senator was called the Clay Hunt advertised by this administration that the Senate Veterans’ Affairs Com- Suicide Prevention Act, which was it would strengthen our economy. mittee, I have been working with my named after a young marine who had a When you take a look at the first six colleagues across the aisle—colleagues number of deployments, and, unfortu- quarters since the passage of the 2017 like Senator SULLIVAN—to make sure nately, when he was seeking help, he tax giveaway to the wealthy families that our vets have the access to the couldn’t really get it, and this young, and corporations, the gross domestic help and the care they need. brave hero took his own life. product has grown about 2.5 percent, The bill that we are going to consider This should be a priority for the Sen- which is far less than what the admin- here shortly—our Support for Suicide ate. We have been prioritizing the vet- istration predicted. If you take the six Prevention Coordinators Act—is a bi- erans and the members of the military quarters before the passage of the bill, partisan effort to help tackle the sui- who are in crisis when we draft legisla- it had gone up by 2.6 percent. So there cide epidemic by ensuring that we take tion that tries to address these chal- has actually been a slight decline, and a comprehensive approach to con- lenges, but what we are doing today is we haven’t seen a boost to the econ- necting veterans with urgent, life- also important. omy. saving care. This bill starts by identi- This bill actually focuses on the peo- There is a better way to do this as fying and addressing staffing needs for ple who help our veterans. These are this bill ignores small business. I have VA employees and suicide prevention suicide prevention coordinators. They the opportunity of being the ranking professionals who are our Nation’s first are specially trained employees at the Democrat on the Committee on Small line of defense when it comes to com- VA medical centers who identify and Business and Entrepreneurship, and we bating veteran suicide. connect high-risk veterans with the have had many discussions with small It is clear that we have much more to care they need. business leaders who tell us this tax do to prevent this national health epi- Across the Nation, these VA profes- bill actually hurts them—it doesn’t demic, and it starts with under- sionals conduct outreach, promote

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.014 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6967 awareness, and disseminate suicide pre- A bill (H.R. 2333) to direct the Comptroller costs continue to keep the American vention best practices. They are, lit- General of the United States to conduct an people up at night. A Kaiser Founda- erally, on the frontlines. assessment of the responsibilities, workload, tion poll in September found that the But, as you can imagine, this isn’t an and vacancy rates of Department of Veterans No. 1 health concern of the American Affairs suicide prevention coordinators, and easy job. This is a hard job, and there for other purposes. people is prescription drug pricing. A are reports that many of these preven- whopping 70 percent of those polled Thereupon, the Senate proceeded to tion coordinators throughout the VA think lowering prescription drug costs consider the bill. system are overworked and unable to The bill was ordered to a third read- should be a top priority—a top pri- keep up with their many responsibil- ing and was read the third time. ority—for Congress, making it the No. ities. What we are focused on here is The PRESIDING OFFICER. The bill 1 item on our to-do list, but our friend that we want to make sure that the having been read the third time, the and colleague from New York, the mi- people who are helping our veterans question is, Shall the bill pass? nority leader, objected last time I of- are also taken care of and adequately Mr. SULLIVAN. Mr. President, I ask fered unanimous consent to take up resourced so that they can do the best for the yeas and nays. and pass a bill, which I will describe job in terms of helping our veterans. The PRESIDING OFFICER. Is there a here momentarily. The VA must have a skilled and sufficient second? I hope, given the intervening time resourced workforce available, trained There appears to be a sufficient sec- and further reflection, he will not do so to recognize the warning signs of a vet- ond. today, and we can get this bill passed eran in crisis, and then be able to work The clerk will call the roll. and address this top priority of the with that veteran, hopefully success- Mr. THUNE. The following Senator is American people. fully, to connect them with lifesaving necessarily absent: the Senator from The good news is, Republicans and resources before it is too late. Kentucky (Mr. PAUL). Democrats both agree we need to do That is what the Support for Suicide Mr. DURBIN. I announce that the something about it. I have the honor of Prevention Coordinators Act requires. Senator from Colorado (Mr. BENNET), serving on both the Finance and Judi- That is what Senator TESTER and I the Senator from New Jersey (Mr. ciary Committees, where we have been worked on together to bring this out of BOOKER), the Senator from Vermont looking into this problem and some of the Veterans’ Affairs Committee, and, (Mr. SANDERS), and the Senator from the potential solutions. hopefully, if we get that right, then, it Massachusetts (Ms. WARREN) are There are pharmaceutical CEOs who has a positive impact on lessening this neccesarily absent. earn big bonuses as sales go up. I am high rate of suicide among our vet- The PRESIDING OFFICER. Are there not opposed to them receiving com- erans. any other Senators in the Chamber de- pensation, but pharmacy benefit man- Senator TESTER mentioned what is in siring to vote? agers who negotiate backdoor rebates this, but it is not just additional re- The result was announced—yeas 95, that drive up out-of-pocket costs are a sources. It is also a comprehensive nays 0, as follows: problem because of the lack of trans- study by the GAO to make sure that [Rollcall Vote No. 390 Leg.] parency. our coordinators are resourced and YEAS—95 What I find very seriously concerning as well is anti-competitive behavior have a strategy to make sure they can Alexander Gillibrand Peters do their jobs most effectively to im- Baldwin Graham Portman when it comes to patents by drug man- pact our veterans. Barrasso Grassley Reed ufacturers. There are two practices, in It is an overall look at the VA sys- Blackburn Harris Risch particular, that the legislation I intend Blumenthal Hassan Roberts to offer a unanimous consent request tem of preventing veteran suicide with Blunt Hawley Romney a focus on these frontline coordinators Boozman Heinrich Rosen on would address. who do really, really important work. Braun Hirono Rounds One is called product hopping, which Brown Hoeven They are not always recognized. Rubio occurs when a company develops a re- Burr Hyde-Smith Sasse Cantwell Inhofe formulation of a product that is about For those who are doing that work, I Schatz Capito Isakson to lose exclusivity. Let me just stop a commend you, the Senate commends Schumer Cardin Johnson Scott (FL) moment and say that one of the ways you, and I think we are going to have Carper Jones Scott (SC) an overwhelming vote here in a couple Casey Kaine we protect the investment and the in- Shaheen minutes that will make sure of your Cassidy Kennedy tellectual property of American Collins King Shelby innovators is to give them exclusivity ability to do this really, really impor- Sinema Coons Klobuchar over the right to sell and license that tant job for our veterans and for our Cornyn Lankford Smith Nation and that you are going to be Cortez Masto Leahy Stabenow intellectual property, including drugs. able to do it better. Cotton Lee Sullivan That encourages people to make those Cramer Manchin Tester investments. In turn, it benefits the I applaud the leadership on both sides Crapo Markey Thune of the aisle for bringing this bill to the Cruz McConnell Tillis American people and the world, lit- floor, and I encourage my colleagues to Daines McSally Toomey erally, by creating new lifesaving vote in favor of this legislation. Let’s Duckworth Menendez Udall drugs, and that is a good thing. There Durbin Merkley Van Hollen is a period of exclusivity, and after get it on the President’s desk for his Enzi Moran Warner signature soon, and we can take an- Ernst Murkowski Whitehouse that expires—after that goes away— other step—another step—to make sure Feinstein Murphy Wicker then it opens that particular formula- Fischer Murray Wyden tion up to generic competition; mean- that we are taking care of our veterans Gardner Perdue Young and are trying to address this horribly ing, the price will almost certainly be tragic situation where far too many NOT VOTING—5 much lower and more affordable to the veterans in America are taking their Bennet Paul Warren American people. Booker Sanders own lives. This issue of product hopping is The bill (H.R. 2333) was passed. gamesmanship, as I will explain. First f f of all, before the drug loses exclusivity, LEGISLATIVE SESSION the manufacturer pulls the drug off the EXECUTIVE CALENDAR—Continued market. This is done not because the The PRESIDING OFFICER. Under new formula is more effective, but it SUPPORT FOR SUICIDE the previous order, the Senate will pro- will block generic competitors. PREVENTION COORDINATORS ACT ceed to executive session to resume The second issue is patent The PRESIDING OFFICER (Mr. consideration of the VanDyke nomina- thicketing, which occurs when an inno- LANKFORD). Under the previous order, tion. vator uses multiple, overlapping pat- the Senate will proceed to legislative The Senator from Texas. ents or patents with identical claims session to consider H.R. 2333, which the UNANIMOUS CONSENT REQUEST—S. 1416 that make it nearly impossible for clerk will report. Mr. CORNYN. Mr. President, as all competitors to enter the market. This The legislative clerk read as follows: America knows, climbing healthcare is nothing more and nothing less than

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.015 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6968 CONGRESSIONAL RECORD — SENATE December 11, 2019 abuse of our patent system, and it is bill. His biggest criticism was it didn’t now he wants to get well with a bill coming at a high cost for patients who do enough, but as I pointed out then, if that is very small. rely on affordable drugs. you sit around waiting for the big bill Open up the floor to debate. We will Earlier this year, I introduced a bill to get passed, nothing happens in the debate all the big things that will real- with our friend and colleague from meantime, and it is a loss to the Amer- ly reduce prices, which people want, Connecticut, Senator BLUMENTHAL, ican people. and we will debate his bill. I object. who happens to be a Democrat, to ad- I think it is past time for us to take The PRESIDING OFFICER. Objec- dress these anti-competitive behaviors. up this legislation, get it passed, get it tion is heard. Our bill is called the Affordable Pre- signed by the President. Our friends in The Senator from Texas. scriptions for Patients Act, and it the House of Representatives have al- Mr. CORNYN. Mr. President, I point streamlines the litigation process by ready passed two bills, which, put to- out to my friend from New York, I am limiting the number of patents these gether, essentially reflect the same not the leader or the floor manager of companies can use in court. So compa- policy. legislation. That is up to Senator nies are spending less time in the I can’t think of any other reason for MCCONNELL, the Senator from Ken- courtroom and, hopefully, more time the Democratic leader to object than tucky. Obviously, there has been foot- innovating these new lifesaving drugs, pure politics. He doesn’t want anybody dragging on important things like ap- while opening up these drugs once they to get a ‘‘win.’’ That also goes for the propriations bills, the USMCA—the im- lose their exclusivity to generic com- Senator from Iowa, when she had of- portant trade agreement with Canada petition and more and more affordable fered a bill to reauthorize the Violence and Mexico—and now there is impeach- prices for consumers. Against Women Act. She happens to be ment mania that has consumed the This legislation does not stifle inno- on the ballot in 2020 as well. The only House of Representatives and has vation; it doesn’t limit patients’ rights; rationale I can possibly think of that crowded out our ability to get other and it doesn’t cost taxpayers a dime. In the Democratic leader would continue things done; hence, my loss of patience fact, the Congressional Budget Office to object to these bipartisan consensus after waiting since June to get this bill estimates it would lower—lower—Fed- bills is just that he doesn’t want some- passed. eral spending by more than a half a bil- body to be able to score a point on this This isn’t a case of my wanting to lion dollars over 10 years. This is just side because he feels like that will dis- get well; this is a case of wanting to savings to the Federal Government for advantage his candidates in the next make the American people well by pro- Medicare and Medicaid. Undoubtedly, election and advantage us. viding them access to low-cost generic it would show significant savings for There comes a time when we need to alternative drugs and preventing Big consumers with private health insur- put those election considerations to Pharma from engaging in the sorts of ance as well. the side and focus on making good pol- gamesmanship that keep drug prices up I am sure it comes as no surprise, icy. I happen to believe good policy is and keep the American consumer then, that this legislation passed good politics. down. unanimously out of the Judiciary Com- The truth is, the Democratic leader, I yield the floor. mittee; not a single Senator opposed it. in objecting to the passage of this leg- I suggest the absence of a quorum. That happened in June. This is Decem- islation, does have one very big and The PRESIDING OFFICER. The ber, and there has been no movement powerful cheerleader behind him; that clerk will call the roll. since then. is, the drug companies. The drug com- The senior assistant legislative clerk We have tried to be patient because panies love it when bipartisan legisla- proceeded to call the roll. we know there are other bills coming tion gets blocked on the Senate floor Mr. CASEY. Mr. President, I ask from the Health, Education, Labor, and for whatever reason. The truth is, they unanimous consent that the order for Pensions Committee. There is a bill hate this bill, and they don’t want to the quorum call be rescinded. coming out of the Finance Committee see anything done on this issue. Inad- The PRESIDING OFFICER. Without on which the Presiding Officer and I vertently or not, the Democratic leader objection, it is so ordered. sit. My hope is that we would have seems to be providing them a lot of Mr. CASEY. Mr. President, I ask been able to make progress on a larger cover right now. unanimous consent to speak as in package, but here we are at the end of My constituents didn’t send me to morning business. the year, and there has been no move- Washington to play these endless The PRESIDING OFFICER. Without ment. We have been more than patient, games. They sent me here to get re- objection, it is so ordered. but I think there comes a time when sults, and that is exactly what I aim to HEALTHCARE patience ceases to be a virtue, particu- do. Mr. CASEY. Mr. President, I rise this larly when it comes to providing some- Mr. President, I ask unanimous con- morning, or I guess this afternoon, to thing that would benefit the American sent that as in legislative session, the talk about a couple of issues. I will people. Senate proceed to the immediate con- start with healthcare and talk about There are no concerns about the poli- sideration of Calendar No. 132, S. 1416. the Supplemental Nutrition Assistance cies laid out in the bill, as you can see I ask unanimous consent that the com- Program, as well as another piece of by some of the comments reflected in mittee-reported substitute be with- legislation we are considering in the this chart. Again, our colleague, the drawn; that the Cornyn amendment at next couple of days. Democrat from Connecticut, Senator the desk be agreed to; that the bill, as Let me start with healthcare. There BLUMENTHAL, said: ‘‘This bill offers a amended, be considered read a third is a lot to talk about here. We don’t positive, solid step toward ending time and passed; and that the motion have time for all of it today, but a abuses in the use of patents.’’ to reconsider be considered made and number of things are happening on the Senator DURBIN, who is the Demo- laid upon the table. healthcare front that I think most cratic whip, a member of leadership, The PRESIDING OFFICER. Is there Americans are aware of but maybe said: objection? have not heard a lot about recently. It is a bipartisan measure that passed the Mr. SCHUMER. Mr. President, re- I would argue there are three basic Senate Judiciary Committee. I not only serving the right to object. threats to healthcare right now—not voted for it, I cosponsored it, and I believe it The PRESIDING OFFICER. The just healthcare for some but, in large should pass and should become the law of the Democratic leader. measure, healthcare for all. One is a land. Mr. SCHUMER. Mr. President, my lawsuit, which is being litigated in the So imagine my surprise when the good friend, the Senator from Texas, is Fifth Circuit Court of Appeals. It is a Democratic leader objected to a unani- just engaged in a gimmick to cover up lawsuit that would wipe out the Afford- mous consent request to pass it a cou- all that he hasn’t done on making drug able Care Act, and that lawsuit has al- ple of weeks ago. He even went so far costs lower. Now, 99 percent of what ready prevailed at the district court as to call this ‘‘a manipulative cha- the public wants is not being allowed level. It is now before the appellate rade’’ and ‘‘a little game,’’ which is on the floor by his leadership when he court, and if that lawsuit were to pre- strange because he also called it a good was the whip, by this leadership, and vail, the Affordable Care Act—or I

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.017 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6969 should say it by its full name—the Pa- gress—unless they say they disagree Here is a summary of finding No. 1 in tient Protection and Affordable Care with the President, and I haven’t heard this report by the Georgetown Univer- Act would be declared unconstitu- any Member say that yet—is that the sity Health Policy Institute Center for tional. That would have ramifications Medicaid Program should be cut by Children and Families, November 2019. not only for those 20 million who got $150 billion each and every year for 10 It is by Joan Alker and Lauren covered—coverage they didn’t have be- years. That is the proposed cut. That is Roygardner. ‘‘The number of uninsured fore—but also the tens of millions who Medicaid. children in the United States increased have protections they never had before By the way, Medicaid is the kids’ dis- by more than 400,000 between 2016 and the act was passed in 2010. abilities and nursing home program, 2018, bringing the total to over 4 mil- If you have a preexisting condition, for shorthand. Most of the people lion uninsured children in the nation.’’ for example—roughly, one out of two helped by Medicaid are folks in nursing That same Nation which made great Americans has a preexisting condi- homes, low-income children, children advancements by lowering the number tion—if you have one, you should be from low-income families, and children of uninsured children is now going in very concerned about the result of that with disabilities who have a substan- the wrong direction. lawsuit, the determination of which tial stake in this. Finding No. 2: ‘‘These coverage losses could be made in a matter of days or When you consider those three are widespread, with 15 states showing weeks. That is a big threat. That is the threats—the lawsuit, the sabotage, and statistically significant increases in biggest threat to healthcare for vir- the budget cuts—all are bad news, but the number and/or the rate of unin- tually every American or at least every then when you start getting into the sured children.’’ American family. details of each, you realize one aspect The following States are listed: Ala- The second big threat to healthcare of this, which I wanted to raise today, bama, Arizona, Florida, Georgia, Idaho, is what the administration has under- and that is the adverse impact on chil- Illinois, Indiana, Missouri, Montana, taken since day one of the Trump ad- dren. North Carolina, Ohio, Tennessee, ministration, and that is the sabotage We are told by the Georgetown Uni- Texas, Utah, and West Virginia. That of the existing system in this regard, versity Health Policy Institute Center is significant. Those States are rep- especially with respect to the insur- for Children and Families—I am hold- resented in some cases by two Demo- ance exchanges. What the administra- ing up a November 2019 summary of a cratic Senators, sometimes two Repub- tion has done is try to take adminis- report, a back and a front. I will not lican Senators, and sometimes Sen- trative action, action by agencies read all of it and I will not enter it into ators of both parties. So it is hap- under the President’s jurisdiction, to the RECORD because there is a lot of de- pening in a widespread fashion. The undermine the exchanges. tail here that we probably can’t enter rate of uninsured children is going up. How do they do that? Well, they cut into the RECORD. I do want to read into Finding No. 3: ‘‘Loss of coverage is the advertising. So when they adver- the RECORD a couple of highlights from most pronounced for white children tise to say that you can shop for a it, though. These folks have been doing and Latino children (some of which health insurance plan on the ex- research on children’s health insurance may fall into both categories).’’ changes, they cut the advertising budg- for many years and have spent their The other category where the num- et by 90 percent. They left 10 percent lives working on this. The headline ber is going up substantially is younger there. I guess we are supposed to be reads ‘‘The Number of Uninsured Chil- children, under the age of 6. So we are happy with that. dren is on the Rise.’’ not just talking about children losing So they cut advertising by 90 per- The United States of America, which coverage; we are talking about that cent. Then they started attacking the finally, decades after passing the Med- number being more pronounced for contracts for navigators. These are in- icaid Program, which was a great ad- children under the age of 6. dividuals all across the country who sit vancement in children’s health insur- This also includes children in low- to with people and say: Let me help you ance, then added to that with the en- moderate-income families who earn be- go through the options you might have actment in the 1990s of the Children’s tween 138 percent and 250 percent of for purchasing insurance or changing Health Insurance Program—it had the the poverty level, meaning a little your insurance plan. letter ‘‘S’’ before it, the SCHIP pro- more than 29,000 bucks to 53,000 bucks For example, right now, we are in an gram—which really was adopting pro- annually—‘‘bucks’’ is my word, not the open enrollment period, so folks can grams that have been adopted in my report’s word—$29,435 to $53,325 annu- change their health insurance plans home State of Pennsylvania and a few ally for a family of three. So these until Sunday—basically, December 15. others. folks who are struggling in a lot of It would be nice to have a navigator— That same country which made a ways—low-income families trying to an assistant, in a sense—sitting next to great advancement for children’s climb that ladder to get to the middle you if you are making those decisions health with Medicaid—tens of millions class, in many cases working two or about your healthcare. of kids—then made a greater advance- three jobs, trying to make ends meet— So threat No. 1 to healthcare is the ment with the Children’s Health Insur- at least in many cases, their children lawsuit; threat No. 2 is the sabotage; ance Program and then made even had coverage, and now children in and threat No. 3 has not quite played more substantial gains when we passed those families are losing coverage. out yet, but I don’t know a Member of the Patient Protection and Affordable Point No. 4 and the last point: the House or the Senate in the Repub- Care Act and substantially drove down ‘‘States that have not expanded Med- lican caucus in either Chamber who is the number of uninsured Americans. icaid to parents and other adults under not against the threat—the cuts to Basically what happened was that the Affordable Care Act have seen in- Medicare and Medicaid proposed by the about 20 million people got healthcare creases in their rate of uninsured chil- administration. coverage in about 6 years—not even a dren three times as large as states that I thought it was bad when the admin- decade. A number of those Americans have,’’ meaning States that expanded istration—or I should say, House Re- were children. Medicaid. The expansion of Medicaid publicans—back in the spring of 2018 As we were substantially driving was part of that advancement I talked proposed a cut of $1 trillion to the Med- down the uninsured rate, what has hap- about. icaid Program over 10 years. That was pened in the last 2 years? The unin- The three threats to healthcare are bad enough. That was dangerous sured rate is going up. The Census Bu- bad enough. It is especially bad when enough. But the administration went reau told us in September that the un- you consider that the Americans who further than that. The administra- insured rate is going up by 2 million are carrying the heaviest burden of tion’s proposal and, I have to say, un- people—to be exact, 1.9 million people. that uninsured rate going up are, in less it is contradicted, the official posi- A big share of the 1.9 million people fact, children. tion of Republican Members of Con- who are now uninsured—that number is The second thing I want to raise is gress is a 10-year cut to Medicaid of going up instead of down, as it had the Supplemental Nutrition Assistance $11⁄2 trillion—$11⁄2 trillion. That means been for most of the decade—a lot of Program. We had a great effort under- the official Republican position in Con- those are children. taken in the 2018 farm bill. There were

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.019 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6970 CONGRESSIONAL RECORD — SENATE December 11, 2019 efforts by some to cut the Supple- gram. That is not just insulting, it is be exact. He described all the ways a mental Nutrition Assistance Program, very dangerous to people’s lives. coal miner could die in a coal mine. He which we used to know as food stamps. I hope Members of the Senate will described the coal mine as a place of Fortunately, those efforts to cut the tell the administration to back off inscrutable darkness, a soundless place program and to knock people off of the those proposals that have been under- of tangible loneliness, and then walked SNAP program were unsuccessful. taken to knock literally, if you have through the ways a miner could die. We came together in a bipartisan ef- the effect of all three proposals, 4 mil- I know we have advanced from the fort in both the House and the Senate, lion people off of the program, many of 1890s—thank God we have—but there and the President signed it into the whom are children. are still coal miners in the recent his- law just about a year ago—December This all happens in the context of tory of this country who have lost 2018. The ink was barely dry on his sig- those healthcare issues I raised before. their lives. All they have asked us to nature when his administration and The same child or the same family who do—they haven’t asked us to come up the Department of Agriculture started might have their SNAP benefits cut or with some new fancy plan for them and to think of other ways to do the same taken away might be the same family their families; all they have asked us thing to SNAP they couldn’t do by way who is losing their coverage because of to do is to have this government—the of legislation. cuts to Medicaid and Medicare or be- executive branch and the legislative So where are we? Well, we have had cause of the uninsured rate going way branch—keep the promise to coal min- basically three proposals over the up in a country that was driving it way ers and their families with regard to course of the last year by the adminis- down. Both are happening at the same healthcare and pensions. Both of those tration that would take 4 million peo- time. parts of our policy are promises. ple out of the SNAP program, kick 4 BIPARTISAN AMERICAN MINERS ACT OF 2019 So when we work on this between million people off the program. Mr. President, I want to raise an- now and the end of the year to try to Here is what one of those proposals other issue, and then I will conclude. find a solution, we will be only meeting would do: According to the U.S. De- This is about coal miners across the that basic obligation of keeping our partment of Agriculture’s own esti- country but in particular in a couple of promise to retired coal miners and mates, the proposed changes to one States, like my home State of Pennsyl- their families like they kept their part of SNAP called categorical eligi- vania, and I know this is true of Ken- promise to their country. I yield the floor. bility would eliminate millions from tucky and Virginia and West Virginia, The PRESIDING OFFICER (Mr. ROM- the Supplemental Nutrition Assistance just to name several—or I should say NEY). The Senator from Kansas. Program, and it could also leave nearly the main States we are talking about TRIBUTE TO KELLY MCMANUS 1 million children without access to here. free school meals. I don’t know about The Bipartisan American Miners Act Mr. MORAN. Mr. President, today, I everyone here, but I think that is a of 2019, S. 2788—I know Senator want to take a moment to recognize the contributions of Kelly McManus. step in the wrong direction. MANCHIN and others have spoken about She is a member of my staff. She is The Supplemental Nutrition Assist- this. We are trying to get this legisla- U.S. Army MAJ Kelly McManus, who ance Program is important not only for tion or some version of this passed by has spent the last year working in my those families—many of them working the end of this year. I won’t go through personal office as part of the U.S. families, many of them with a child in all the details of the legislation, but it Army Congressional Fellowship Pro- the household who needs food assist- attempts to help on the miners’ pen- ance, who faces food insecurity without gram. sion issue—and these are obviously re- Before Kelly departs my office here SNAP—many of those same families tired coal miners—as well as the at the end of the year to return to the might have a child and an individual healthcare for those same miners, Big Army, I rise to express my appre- with a disability in the same household those same families. ciation to Major McManus for all of her or one or the other. That is the SNAP I will make a comment about what hard work and dedication and service program. this means. Many of those same fami- to our Nation. By the way, everyone else in the lies had to wait way too long—several Kelly’s 10 years of service in the U.S. country benefits when people spend years—before this body acted to pro- Army have developed her leadership those SNAP dollars because when you vide a measure of relief to some of abilities and shaped her perspective on provide those dollars and folks buy those retired miners on healthcare. major defense issues of national sig- food, guess what happens. You guessed The job isn’t done yet on healthcare nificance. These assets and attributes it. The economy gets a jump-start from but even more so on pensions. have made her an invaluable asset to that activity. The SNAP program isn’t The point I have always made here is our team as we work to serve Kansans, about just the people who are directly that our government made a promise servicemembers, and veterans. benefiting. I think we have an obliga- to them decades ago. In fact, it was the Before joining our office, Kelly’s as- tion to help them, for sure. We all ben- time when President Truman was in of- signments had taken her around the efit when there is economic activity. fice in the late 1940s. We made a prom- world in service of our country. She de- There is more than a bang for the buck ise to coal miners at that time. ployed to both Iraq and Kuwait to sup- in the SNAP program; you spend a In that whole intervening time pe- port operations New Dawn and Spartan buck, and you get a lot more than a riod, those decades, they kept their Shield, from 2011 to 2012, served as the buck in return. promises. Many of them were sent medical planner for the Allied Land This is all in the context of where we overseas to fight in wars, from World Command in NATO headquarters in are with a lot of families. We hear a lot War II, to Korea, to Vietnam and be- Izmir, Turkey, and reported to Wies- on the floor of this Chamber and I am yond. They kept their promise to the baden, Germany, to serve on the per- sure on the floor of the other body, the country by fighting for their country. sonal staff of the U.S. Army Europe House, about ‘‘Well, certain people They kept their promise to their em- headquarters commanding general, shouldn’t get this benefit,’’ and some ployer by going to work every day in LTG Ben Hodges. make an argument against that. the most dangerous job in the world, Kelly has also served stateside, lead- It is interesting that in the SNAP likely. I am not sure there is one that ing her detachment through deploy- program for many years now, not just is more dangerous. They kept their ment in Fort Dix, NJ, in support of for the last couple of years, the pay- promise to their families to go to work Hurricane Sandy relief efforts and ment error rate in that program has and to support them, sometimes on commanded a medical company in the been way down, the lowest levels ever. that one income of a coal miner. 2nd Infantry Division at Joint Base Why? It is because of good efforts to In my home area of Northeastern Lewis-McChord in Washington State. detect fraud, and also technology al- Pennsylvania, the novelist Stephen Kelly joined our team in January lows payments to be tracked. The pay- Crane—he is known for the ‘‘Red Badge 2018. From day one, she embraced Kan- ment error rate is at its lowest level of Courage,’’ but what he is not known sas, its people, and the challenges they ever. Yet we still have efforts under- for as much is an essay he wrote about face day in and day out. On her first of- taken to knock people out of the pro- coal mining in the late 1800s—1890s to ficial trip to Kansas, she visited our

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.020 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6971 military installations and talked with The legislative clerk proceeded to often, the forums for that were our re- soldiers and airmen to learn about call the roll. spective townhall meetings. their life experiences. She made it a Mr. GRASSLEY. Mr. President, I ask Throughout our service together in priority to spend time in Kansas and to unanimous consent that the order for Congress, party labels didn’t displace learn from the Kansas people so that the quorum call be rescinded. our ability to work with and for she could bring their thoughts and The PRESIDING OFFICER. Without Iowans. As one example, during the ideas back to the Nation’s Capital. objection, it is so ordered. farm crisis of the 1980s, which was These personal conversations with REMEMBERING BERKLEY BEDELL much worse than this farm crisis we Kansans and Kelly’s experience in the Mr. GRASSLEY. Mr. President, I have right now, we used our voices to Army have helped to drive meaningful come to the floor today to pay tribute raise public awareness and steer help policy. to an extraordinary Iowan with whom I to struggling farm communities in our She led our efforts to secure mater- shared a decades-long friendship—a home State. We did everything possible nity leave for those serving in the Na- very prominent Democrat from my to shape farm policy and restore hope tional Guard and Reserve after talking State. to thousands of farm families who were with an expectant mother in the Kan- Over this past weekend, former Iowa coping with double-digit inflation and sas National Guard. She has also Congressman Berkley Bedell passed with the farm debt crisis. sought to increase access to suicide away at the age of 98. For nearly a cen- As a Federal lawmaker, Berkley took prevention programs and destigmatize tury of life, Berkley took his grand- his oversight work seriously. Even the notions surrounding mental illness. mother’s advice to heart: ‘‘You can do though I take oversight seriously, I In addition, her experiences in serv- almost anything within reason if you didn’t do it in quite the way he did. His ing in uniform have been instrumental will only set your mind to it.’’ was kind of an unorthodox approach. to my efforts to support our veterans. From an early age, Berkley Bedell He just ventured, willy-nilly, into a Over the past year, I have continually set his mind to a high standard of Federal bureaucracy here or a Federal been impressed by Kelly’s leadership achievement. He set an example for the bureaucracy over there. He took the and professionalism. At every oppor- rest of us. He practiced what he liberty of dropping by in person at tunity, she has proven herself to be an preached and he made a difference in these agencies. He would go up to peo- important and fully integrated member this world. ple and ask: What is your job? I don’t of my team, carrying the equal weight As a child raised during the Great know exactly the questions he asked, and responsibility of my personal staff. Depression, Berkley became a soldier but in knowing Berkley the way I did, Her seamless communications and her in the U.S. Army. He was, obviously, a I think he probably wanted to have skill in tackling issues big and small World War II veteran, an entrepreneur, very calm conversations with them to have been a great benefit to our office a job creator, a philanthropist, a policy determine what they did and maybe and the people that we serve. Kelly has influencer, and, most of all, a devoted even see if they were doing it right, exceeded all of my expectations and husband and father. particularly if they were spending the has demonstrated a commitment to ex- What I left out is how I got ac- taxpayers’ money right. He did this to cellence that has been nothing short of quainted with him. He was a fellow keep tabs on how these Federal em- outstanding. Member of the House of Representa- ployees in these various bureaucracies A testament to her leadership over tives during my early years and for were serving the Nation and, particu- the past year was her promotion to some time after I came to the Senate. larly, serving Iowans. Now, that is major in July. It was my honor to be Our decades-long friendship began what I would call an in-the-flesh gut part of her promotion ceremony and to when Berkley and I were elected to check—a very different type of over- have the privilege to pin her new and serve Iowans in the House of Rep- sight from what I have done. deserving rank on her uniform. resentatives in 1974. Soon after the ori- Berkley was born in Spirit Lake, IA. It will be sad when she leaves our of- entation for new Members, Barbara and I assume he lived his entire life in Spir- fice at the end of the month, but I I developed a close relationship with it Lake, IA, except for the period of know she will serve the Army well next Elinor and Berkley. This friendship re- time he was in the military and until year in the Army’s Budget Liaison Of- mained for the next 45 years. he spent some retirement time in Flor- fice, where I am confident she will be a Looking back, those were lonely days ida. Spirit Lake, IA, is a close-knit highly effective ambassador to Con- for a freshman Republican House Mem- farming community in Dickinson gress for the Army. ber. That is when the Watergate scan- County. His neck of the woods is lo- Kelly is one of the most impressive dal upended the midterm elections. cated in the Iowa Great Lakes region— military officers I have had the honor Voters elected 91 new House Members a regional destination for fishing, boat- of knowing, and I hold her in the high- to that Congress. I happened to be the ing, and outdoor recreation. I will bet est regard, personally and profes- only Republican in the Iowa congres- the Presiding Officer has been there sionally. She is a significant asset to sional delegation. Among our so-called many times. our country and to the U.S. Army. Watergate class of 1974, I was joined by The area is fondly known as the Uni- Kelly represents the best that the Iowans Tom Harkin, Michael Blouin, versity of Okoboji, where generations Army has to offer, and I know that she and Berkley Bedell. We were all fresh- of families go year after year to vaca- will continue to be a benefit to the fu- man Members of Congress. We joined tion and enjoy life. By the way, the ture of our Nation. There is no group of then with more senior Members from University of Okoboji is not really a people I hold in higher regard than the State of Iowa—Neal Smith, who university but is very much a selling those who serve our Nation, and I want went on to serve 36 years in the House, point for that part of the State, from to reiterate my gratitude to Kelly for and Ed Mezvinsky. The Democrat Sen- an economic development point of her dedication and service to our coun- ators from Iowa were Dick Clark and view, and it has worked very success- try. John Culver. Berkley would go on to fully. Once again, thank you, Kelly, for all represent Iowa’s Sixth Congressional As I just described, this is where you have done for Kansans this year District for six terms, from 1975 to 1987. Berkley’s insatiable work ethic took and what you will continue to do for Even though he lived about another 32 root. It guided him for his nearly 100 our Nation. You have been a model of years after that, I presume he would years of life on Earth. Through philan- selfless service and leadership. I know have served a lot longer if his health thropic good works, he leaves behind a you will continue to do great things had held out. legacy of conservation, stewardship, throughout your Army career and your Although Berkley and I didn’t share and historic preservation. With his life in service, wherever that path my the same political points of view, we wife, he helped to launch the Okoboji lead you. did share a common approach for rep- Foundation more than three decades I yield the floor. resentative government, meaning with ago. Since then, the foundation has I suggest the absence of a quorum. dialogue and feedback from Iowans awarded millions of dollars to scores of The PRESIDING OFFICER. The that was very necessary if we were nonprofit organizations in that lakes clerk will call the roll. going to represent them properly. Most region of Iowa.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.022 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6972 CONGRESSIONAL RECORD — SENATE December 11, 2019 In other words, Berkley believed in come. I am proud to have called him a well above the level at which countries paying it forward. He cared deeply very good, good friend. are supposed to graduate from needing about giving back to his community Barbara and I extend our condolences World Bank assistance. American tax for future generations to enjoy. As you to his sons, Ken and Tom, and to Jo- dollars should not be used, even indi- would expect an Iowan to do, he rolled anne, his daughter. rectly, for lending to wealthier coun- up his sleeves, opened his wallet, and Your dad made a big footprint in his tries, particularly when they violate pitched in to make a difference. By my life’s journey. human rights. measure, his represents a life well As my former colleague in the House China seeks legitimacy through lived, and he lived life well. of Representatives, Berkley later be- international institutions for its bad As I mentioned earlier, Berkley and came my constituent when I was elect- practices, including for its own preda- Elinor became steadfast friends with ed to serve here in the U.S. Senate. I tory lending through the Belt and Road Barbara and this Senator. We shared never knew Berkley Bedell to stop ad- Initiative. Despite what the recent an abiding mutual respect, and we vocating for his community or for the World Bank Group’s Country Partner- cherished their gracious regard for that good of our Nation. It became Berk- ship Framework reads, China is not an friendship. After the Bedells moved to ley’s lifelong hallmark to leave God’s example developing countries should Florida in their retirement, Barbara green Earth better than he had found it follow. and I enjoyed an annual gift from the for generations to come. To sum up on this point, China has Bedells each February. It was a very I wish Godspeed to my good friend the second largest economy in the simple annual gift but one that had a Berkley Bedell, who joins Elinor, his world, and it still wants to be consid- lot of meaning to it—more than the beloved wife, in eternal life. ered a developing country and lend tax- material it represented. They sent us a I yield the floor. payers’ dollars around the world in box of oranges from their home in the The PRESIDING OFFICER. The order for there to be a greater Com- Sunshine State. Just as regularly as a Democratic whip. munist influence. As taxpayers, we Mr. DURBIN. Mr. President, I was in clock, we received these over many, should not stand for that to happen. my office and just learned, by Senator many years. 78TH ANNIVERSARY OF THE ATTACK ON PEARL Through these many years, their an- GRASSLEY’s floor speech, about the HARBOR nual Christmas letter was something passing of Berkley Bedell, and I just Mr. President, on another point, this that we looked forward to. In many wanted to add my voice to his. past weekend marked the 78th anniver- He was a wonderful man. I served years, in personal notes in those very sary of Japan’s attack on Pearl Har- with him in the House of Representa- letters, they even thanked us for our bor—a raid that plunged the United tives. Spirit Lake was his home area in friendship. Berkley also stayed in States into World War II. Almost 2,500 Iowa. He was a really knowledgeable touch with a friendly Valentine note U.S. soldiers lost their lives that day. man when it came to issues of agri- I am proud of the many Iowans who each year to Barbara, my wife. With culture, and I didn’t learn until many have served and sacrificed for our great Berkley’s passing, we are saddened to years later that he was a very success- country. Earlier this year, three of know that these tokens of friendship ful businessman in the fishing tackle these people returned to Iowa to be laid have now come to an end. Berkley’s story is an inspiration for business, if I remember correctly, and to rest—Robert J. Bennett, William L. Kvidera, and Bert E. McKeeman. younger generations of Americans who sporting goods. He had many interests. He was a spirited, friendly, good per- I honor them and all of our service- are pursuing their dreams. It is never son who worked hard at his job and was members for their sacrifices in serving too early to dream big. This was how a credit to the U.S. House of Rep- our people, protecting our constitu- Berkley Bedell was dreaming as a 16- resentatives, regardless of party, and I tional rights and the freedom and lib- year-old: He became an entrepreneur. think Senator GRASSLEY’s remarks re- erties we have. Berkley launched a fishing tackle busi- flect that. I yield the floor. ness with Jack, his brother. It was I am going to miss his annual Christ- NOMINATION OF STEPHEN HAHN called the Berkley Fly Company. I am mas card. He and his wife—she passed Mr. DURBIN. Mr. President, I am told he started the company with $50 away just recently, as well—would send going to take a chance this afternoon from paper route money. He started a card about the comings and goings of and vote for one of the President’s tying fly fishing lures in his bedroom. their big, old family. It was a big over- nominees. Some of my colleagues have Pouring years of sweat equity into sized card, and I always looked forward come up to me and said I am making a the family business boosted the local to it. big mistake, and I hope I am not. economy and created jobs in his be- I feel honored to have been able to His name is Stephen Hahn. He is a loved Iowa Great Lakes. His tenacious serve with him. I thank my colleague medical doctor and an oncologist from leadership developed a strong work- and friend Senator GRASSLEY from MD Anderson in Texas, and he has been force for what was then called Berkley Iowa for paying tribute to him. named to serve as the Food and Drug Industries. That company, which is Mr. GRASSLEY. I suggest the ab- Administration Commissioner. now called Pure Fishing, is today one sence of a quorum. This is a relatively small agency by of the leading fishing tackle manufac- The PRESIDING OFFICER. The Federal standards that has a major-size turers in the world. clerk will call the roll. impact on the lives of Americans and At 98 years young, Berkley didn’t let The legislative clerk proceeded to beyond. I think it is one of our most age slow him down by any stretch of call the roll. important agencies. It regulates so the imagination. He remained active in Mr. GRASSLEY. Mr. President, I ask many things relating to safety and public policymaking and immersed in unanimous consent that the order for quality of life, and Dr. Hahn would electoral politics in Iowa. Usually, at the quorum call be rescinded. come to this position at an auspicious least once a year, he called on me here The PRESIDING OFFICER. Without moment in our history. in Washington, in the Hart Office objection, it is so ordered. I refer, of course, to the fact that we Building, to tell me about some legisla- Mr. GRASSLEY. Mr. President, I ask are now battling a vaping epidemic tive issue he was interested in, and we unanimous consent to speak for 2 min- across the United States of America. worked together on some of those leg- utes. The Presiding Officer, from Utah, and islative issues. Everything here in The PRESIDING OFFICER. Without I have worked on this together, and I Washington is so political, so this may objection, it is so ordered. thank him for his leadership in this re- sound very unusual, and maybe it is THE WORLD BANK AND CHINA gard. unusual today: Despite our differences Mr. GRASSLEY. Mr. President, last I look at Dr. Hahn and I think of all in political philosophies—he was a week, despite the objections of the the questions that I have asked him. I Democrat; I am a Republican—we both United States, the World Bank adopted had a face-to-face meeting with him in appreciated how crucial it was to en- a plan for lending more than $1 billion my office and then had him on the gage the next generation in civic life. annually to China. phone last night for another half hour, Berkley’s leadership and legacy will China is the world’s second largest and he was very patient in answering be remembered for generations to economy, and its per capita income is my questions.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.023 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6973 I asked him about the vaping crisis when he made his initial decision to church were withdrawn when he made we face, the epidemic that we face. He take action against e-cigarettes, and I this controversial decision. Building readily concedes that this is something would like to applaud him again. I hope permits were withheld for several he feels very strongly about. he will resume this effort. I hope the years. The latest disclosure from the youth First Lady, who rarely gets engaged in But Chicago, over time, became more tobacco report suggests that 28 percent issues but seems to feel very strongly just. Thanks to the work of Reverend or more of high school students across about this, will join us in persuading Evans, Dr. Martin Luther King, and the the United States are currently using the President to keep true to his prom- man whom Evans ordained, the Rev- e-cigarettes or vaping. Yesterday, I had ise of September 15. erend Jesse Jackson, and many others, a group of high school students from I will be supporting Dr. Hahn’s nomi- Operation Breadbasket helped to open New York who asked to see me, and nation for FDA Commissioner. up thousands of jobs for Black they said: Senator, you are wrong. It is REMEMBERING THE REVEREND DR. CLAY EVANS Chicagoans in previously all-White gro- over half. Mr. President, last Friday night was cery chains and companies. A majority of the students in high an amazing evening. I went to the Fel- Years ago, Reverend Evans told a school now are using JUUL devices, or lowship Missionary Baptist Church on Chicago Tribune reporter: ‘‘I try to em- vaping devices, and these flavors, and the South Side of Chicago, not too far body the principles of Christianity, and they have developed nicotine addic- from where the White Sox play base- for me that means being dedicated to tions, which have become controlling ball. freedom and equality.’’ For him, faith in their lives and it affects the way There was a Friday night memorial was not just what you believed; it was they feel and the way they perform as service for the longtime pastor of that the way he lived. Clay Evans was born in 1925 into a students. church, the Reverend Clay Evans. He large, church-going family in Browns- That is why it is so important, from actually divided the service up and ville, TN. His family were share- my point of view, for Dr. Hahn to make said, Friday night is for the politicians croppers. He was one of nine kids. At this a major priority. He assured me and government people; Saturday night, he liked to listen to jazz music that he would. He reminded me that he morning will be the memorial service is a lung cancer doctor, and we had a on the radio. for the members of the church. A lot of He moved to Chicago in 1945, part of long conversation about my father, people showed up on Friday night be- the Great Migration that has enriched who died of that disease, and tobacco cause a lot of us considered Clay Evans that city in so many ways. and the impact it had on his life. I felt to be a friend. The most successful man he knew in sincerity on the part of the doctor He was more than a friend. He was a Brownsville, TN, was an undertaker, when he was discussing this. legend. The Reverend Clay Evans died and that is what Clay Evans thought We talked about working with Dr. peacefully at his home the day before he would become in Chicago, but he Azar, who has been an ally in this con- Thanksgiving at the age of 94. Let me couldn’t afford the tuition for mor- versation about controlling vaping de- tell you a little bit about him. tuary school. He took jobs where he vices and cigarettes. If you ever had the good fortune to found them. He worked at a pickle fac- He said that regardless of how I voted witness the Reverend Dr. Clay Evans tory, as a window washer. He drove a for him, he would look forward to preach, you were lucky. With his rous- truck delivering pies. He was working working with me. I am going to vote ing sermons, his soulful baritone voice at the Brass Rail cocktail lounge in for him as the new FDA Commissioner. and ‘‘the Ship,’’ which is what he downtown Chicago when they prompt- It is a leap of faith because I am not called the legendary Fellowship Mis- ed him to join in song and marveled at certain where the President of the sionary Baptist Church choir behind his voice. He might have been a suc- United States is at this moment. him, Reverend Evans was mesmerizing. cessful nightclub performer, but he felt The Presiding Officer was at a meet- His sermons gave hope to the down- called to the ministry. ing a couple of weeks ago in the White hearted. His singing could bring you to He attended the Chicago Baptist In- House, and I have commended him for your feet. His Sunday services were so stitute and was ordained a Baptist the questions he asked there, hoping to moving and so uplifting that the leg- minister in 1950. He would later study hold the President and First Lady to endary Sam Cooke used to come and at both the Northern Baptist Theo- their promise of September 15 to really attend for inspiration. logical Seminary and the University of take on this epidemic of vaping and e- Even in Chicago, the birthplace of Chicago Divinity School. cigarettes. I don’t know at this mo- modern Black gospel music, the home He founded the Fellowship Mis- ment whether he is going to continue of Mahalia Jackson, James Cleveland, sionary Baptist Church in 1958 and in that effort or whether the vaping in- Mavis Staples, and so many others, the served as pastor for 42 years. He used dustry has diverted him to a different Reverend Clay Evans stood out for the radio and later TV to bring his min- point of view. power of his preaching. istry to homes throughout the Midwest Dr. Hahn may find himself in a com- But it wasn’t just his beautiful voice and South and to introduce Black gos- promised position soon, and I told him that drew people in. Clay Evans was a pel music to the Nation. as much. If it comes to the point where man of faith, integrity, and moral Fellowship Missionary Baptist the President has abandoned his effort courage. In the 1960s, he helped per- Church, or ‘‘The Ship,’’ as it is affec- against vaping and the industry is suade Dr. Martin Luther King to come tionately known, quickly became one going to prevail, then, I am afraid that to Chicago and use it as his base as Dr. of the most influential churches in Chi- Dr. Hahn is going to be wearing the King sought to expand the civil rights cago. collar for some of the things that fol- movement. It was not a popular posi- He helped to launch the careers of low. Even though he may not even tion at the time, believe me. nearly 90 up-and-coming young min- agree with the President’s conclusion, Chicago power brokers, fearful of the isters, including Mother Consuella he will be working for the President as unrest in the streets, warned Black York, the first woman to be ordained a part of his administration. ministers: Don’t let Dr. King into your Baptist minister in the city of Chicago. Dr. Hahn said to me: I don’t want to churches. Many of them listened to He ordained the Reverend Jesse be known in history as the head of the that warning and turned him away— Jackson, and, in 1971, the two ministers FDA who saw this epidemic grow dra- not Clay Evans. cofounded Operation PUSH to encour- matically when it comes to vaping by He invited Dr. King to speak at his age African-American self-help. young people. church. He opened the doors of the Carved into his wooden pulpit was I am going to give him my vote, and ‘‘Ship’’ to Operation Breadbasket, the one of his favorite sayings: It is no se- I do it with the hope that he will have Southern Christian Leadership Con- cret what God can do. What God did a persuasive voice with Dr. Azar and ference’s economic justice project. through his servant Clay Evans helped the administration to move in the Then, he persuaded other Chicago min- to increase hope and justice in Chicago right direction. isters and churches to join him. and far beyond. I applauded President Trump—which He paid a price for it. Offers of con- I remember when, as a downstate is unusual from my side of the aisle— struction loans he needed to build his Congressman, I made my early trips to

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We want power to be as clean as you I said: That is not what I heard. I sissippi River Valley is the biggest can reasonably expect it to be. But the heard you are Reverend Chicago. piece of contiguous agricultural land in Obama Clean Power Plan was so ag- He laughed and he looked down. He the world. Compared to the near com- gressive in its approach that where I said: Well, they call me that from time petitors in size, it is the only one of live, the average utility bill at home to time. them that has its own built-in, natural and at work would have doubled in That is the kind of respect that he transportation center. about 10 years. commanded, not just because of his In fact, there are more miles of navi- Well, lots of things work at today’s ministry but also because he was such gable river in the Mississippi River utility rate—or some gradual increase an integral part of the faith scene in Valley than in the rest of the world put of today’s utility rate—that just frank- that big city. together. I didn’t say more river than ly wouldn’t work if the utility bill dou- We got to be friends, and I was al- the rest of the world put together be- bled. ways looking forward to the times we cause that wouldn’t be true, but more That didn’t happen either. In fact, we could get together. miles of river that you can actually reversed course, and there is now an af- With a choir led by his sister, Lou navigate—river you can use as an ave- fordable clean energy rule making its Della Evans-Reid, Pastor Evans pro- nue of transportation and commerce way into law and regulation that really duced and recorded over 40 gospel al- than everywhere else in the world put understands that. bums—11 that charted on and 2 that together. Again, if you at home write your topped the Billboard Gospel Albums For an economy that is trying to utility check and then write it out of Chart. reach out to the world or trying to effi- your checkbook again, a lot of things His first No. 1 gospel hit was called ciently compete, that is a big advan- that you would do at your house you ‘‘I’m Going Through,’’ released in 1993. tage. wouldn’t be able to do if you had to pay The title song talks about staying on So at the Farm Bureau meeting, at your utility bill twice. Frankly, the job the righteous road, no matter how least three of the things the people I you may have may not be there if you steep the climb, how large the obsta- talked to were most interested in were had to pay your utility bill twice. cles. regulation, transportation, and trade. Also, when thinking about making Reverend Evans would sing: When it comes to regulation, Mis- something in America today—and I I’m going through. I’m going through no souri farm families understand that think there is a lot of interest in bring- matter what they may do. The world behind, many of the best things that have hap- ing manufacturing that has gone over- heaven in view, I’m going through. pened to them in the past 3 years have seas back to this country for lots of The Reverend Clay Evans walked been the things that didn’t happen. reasons, but when you think about that righteous road. He overcame ob- There was a terrible regulation pro- making something in America today, stacles and widened the road so others posed—waters of the U.S.—in which the the first question you would ask your- could follow. He is certainly going to EPA was trying to decide that their self would be this: Can we do what we be missed, and the crowd of speakers authority over navigable water would want to do and pay the utility bill? The Friday night is just evidence of the be authority over all the water. Sud- second question would be this: Does the many lives that he touched. denly, navigable water had become, transportation work for what we want My wife Loretta and I want to offer under the Obama EPA, any water that to do? If the answer to either of those our condolences to his wife of nearly 74 could run into any water that could questions is no, then there is no reason years, Lutha Mae, their children, their run into any water that could run into to ask a third question. There is no grandchildren, and their great-grand- any water that eventually would run reason to talk about workforce. There children, and all of those in the family into navigable water. If that is how we is no reason to talk about tax structure of Clay Evans who tried to maintain a want to define it, the Congress should in the place you are thinking about lo- warm smile at a time of sadness for decide that, not the EPA. cating. There is no reason to ask any many of them. I stood on this floor many times dur- other question if you can’t do what you What he has left behind is something ing that terrifying time when the EPA want to do, pay the utility bill, and that we will all point to for years to was about to take over anything that still have some profit. come. related to water, from the new side- There is no reason to talk about—if I yield the floor. walk in front of your house to whether you can’t do what you want to do—hav- The PRESIDING OFFICER. The Sen- you pave your driveway to whether you ing a transportation system that al- ator from Missouri. could set a utility pole without EPA lows you to do what you want to do. FEDERAL REGULATIONS approval. Those things are critically important, Mr. BLUNT. Mr. President, on Mon- With the Farm Bureau map of Mis- and they were critically important at day I spoke at the annual meeting of souri, I think 99.7 percent of our State the Farm Bureau meeting. They cer- the Missouri Farm Bureau, and, in our would have met the new EPA defini- tainly understood it takes good high- State, as in, frankly, almost every tion of the water the EPA would regu- ways, good State roads, and it takes a other State, the No. 1 economic activ- late. The other 0.3 percent, I think, strong understanding of connecting ity in terms of value produced is agri- were sinkholes that went directly back highways, roads, railroads, and water culture. into the middle of the Earth. So vir- together that will allow you to com- Where we live in the middle of the tually 100 percent of all Missourians pete. country, we do better in an economy would have been affected by that. The last continuing resolution on that focuses on growing things and It would have slowed the economy in this issue that we passed just a few making things than we do on an econ- an incredible way because the EPA weeks ago actually funded the fifth omy that focuses more on giving ad- could never have exercised effectively year of the highway bill that was vice—not that we don’t want to give a the jurisdiction they were asking for. passed 4 years ago. It provided for 5 lot of advice, but the truth is we don’t The good news is, it didn’t happen. years of authority but only 4 years of want to get a lot of advice, either. The Trump administration moved money. So there is nothing wrong with a forward with a Clean Water Act that That $7.6 billion allows the transpor- service-based economy, and there is made more sense. They listened to tation systems in our States and many nothing wrong with an important serv- rural America. They listened to the things in our communities to happen. ice sector in our economy, but Amer- people who build houses, to the people It allows county bridges to be built.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.026 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6975 Missouri would lose $350 million in and starting to meet our future needs— in December of 2017, a Main Street en- Federal highway funds if we hadn’t fig- so doing that in a reasonable way mat- trepreneur, someone who has always ured out how to fund that fifth year, ters. lived by those rules of stick your neck which we did figure out just a few days Leighton certainly understands that, out, take a risk. You don’t really ex- ago. Knowing that is going to happen and he should. He joined the Air Force ceed mediocrity unless you do things allows people to begin to look forward in 2004 as a command and control bat- that push the envelope a little bit now to other things. tle management operator. He served and then, but do it in the context of UNITED STATES-MEXICO-CANADA TRADE four deployments in Iraq and Afghani- where it is sustainable. AGREEMENT stan as part of the global War on Ter- I noticed, in December of 2017, we fi- Mr. President, on trade, I was pre- ror. He also deployed to Qatar and Jor- nally got some legislation across the dicting on Monday that we would get dan, as well as to Latin America. finish line that rewards enterprisers, to the USMCA before the end of the He holds a bachelor’s degree in aero- rewards Main Street USA. That was in year. I was pleased on Tuesday when it nautics, as well as a master’s degree in the Tax Cut and Jobs Act passed then. was announced that we had an agree- project management. While working as I did not know how it was going to un- ment between the House and the ad- our military fellow, he completed work fold. Of course, even our CBO said it ministration. at the Air War College and obtained a was going to end up costing the govern- The votes had been there for a long certificate of legislative studies at ment, not rewarding it through more time to pass this, but the House had to Georgetown University. enterprise, greater revenues. Well, we pass it first. So it is important to un- He has contributed greatly. He has have now got some evidence from it. derstand that the election has con- helped support us in veteran casework, We have got the hottest economy that sequences. Speaker PELOSI got to de- Defense appropriations, and military we have had in modern history, and, cide and got to do some final negotia- construction projects that will impact yes, we are raising record revenues, de- tion, but trade is important. our State. spite having lower tax rates. Trade policy, tax policy, and regu- On Sunday night, I ran into a mom Well, that sounds like the math latory policy are the three Federal who said: I just want to thank you for wouldn’t work out. Well, there is a policies that make a difference in how all you did to get my son out of Syria. point, especially in small business on competitive we are and how strong our This was a young man who got caught Main Street, that you will not keep en- economy is. Certainly, when you have up while hiking in Syria. She knew terprising, you will not work hard if our No. 1 and 2 trading partners—Mex- Leighton Grant’s name because Leigh- you end up having to send too much to ico, our No. 1 trading partner, and Can- ton Grant took that seriously and, a place like this that over the years did ada, our No. 2 trading partner—in- after several weeks of working, helped not, to me, look like it was delivering volved, clearly, when they are the only to get him out of Syria. That is the good value. So we have been vindi- two countries that we share a border kind of thing he has helped us do. He cated; it is working. with in the continental United States, has worked on matters that relate to HEALTHCARE for the neighborhood to do well, it is Iran, Colombia, Australia, China, and Mr. President, so what else has hap- important. other areas. I am glad to have him. pened in this first year? That happened What has happened in Mexico since I want to thank his wife Jennifer, his before I got here. I ran because I want- NAFTA is incredible. What has hap- daughter Marleigh, and his son Cyrus ed to weigh in on things like the cost pened in the United States in a positive for supporting his career as he serves of healthcare. I tackled that in my own way is also incredible. So, hopefully, the Nation. I wish him and his family business back in 2008. I found a way to we will see the continuation of the well as they embark on a new chapter. make it consumer driven to where the commitment to have a vote in the I hope this year of working with the people that use healthcare actually House this year and a vote in the Sen- Senate and Congress, with the vast have some skin in the game. ate as soon as we meet the deadlines breadth of issues he has helped us with, I did it in a way I wanted to empha- the law requires—the waiting periods— turns out to be as valuable to him as size wellness, not remediation. I tried once we get a bill in the Senate. A lot his help has been to us. as a State legislator back in 2015— of people are going to be relieved to I suggest the absence of a quorum. served 3 years in the Indiana State know that there is more certainty The PRESIDING OFFICER (Mr. House—and realized how hard that was about that. DAINES). The clerk will call the roll. going to be. I had three really good TRIBUTE TO LEIGHTON GRANT The bill clerk proceeded to call the bills that now, ironically, are pertinent Mr. President, I also want to take a roll. here on the main stage. I could not moment today to recognize Leighton Mr. BRAUN. Mr. President, I ask even get a committee hearing. The Grant, for whom I asked earlier to have unanimous consent that the order for healthcare industry has dug in to the floor privileges for the rest of this Con- the quorum call be rescinded. point where I think, if they don’t start gress. The PRESIDING OFFICER. Without embracing the fact that they need to Leighton Grant has really been crit- objection, it is so ordered. reform themselves, they could be under ical both to my work in appropriations TAX CUT AND JOBS ACT a drastically new system. and in our work on foreign policy in Mr. BRAUN. Mr. President, it has So we had a President that was elect- our office. He has handled many of our been almost a year since I was sworn ed that wasn’t going to be happy with national defense matters in the 116th in. I thought it was a good time to kind business as usual. I was hoping that we Congress. of reminisce a little bit about the first might parlay some of that into real re- Leighton’s 15 years of service to our year of being a U.S. Senator from Indi- sults here. Well, we have worked a year country, both in Active Duty and as a ana. I want to cite that, when you on trying to reform the healthcare sys- civilian in the U.S. Air Force, have al- come from a place like Indiana, it is tem, and we are really not any further lowed him to cultivate a deep under- where America really works. Think ahead than what we were a year ago. standing of national security issues about it. We still believe in balanced That is because the system is digging that affect the State of Missouri and budgets. We have rainy day funds. We in and fighting it. That doesn’t mean I affect our country. His prior experience take on big issues and talk about how am going to give up. That is kind of at the Pentagon, where he worked ex- we are going to pay for it, not borrow bad news, other than the fact that 80 tensively on generating the Air Force’s the money, throw it on the backs of Senators have come forward to say, budget and strategy documents, has our kids and grandkids. Hey, you are not doing a good job. We been particularly valuable in my work So, in being here now nearly a year, have got suggestions. That ought to be as a defense appropriator. I want to reminisce back to what moti- a real wake-up signal that you get with The air defense of the country is crit- vated me to stick my neck out and do it. ical. The appropriations decisions we it in the first place. I saw in November JUDICIAL NOMINATIONS make are critical. The order we keep of 2016 that it looked like we might Mr. President, one thing we have them in is critical—keeping defense have a different dynamic here in our done here that has been immensely val- lines active so that we are not stopping U.S. Government. I look back and see, uable is that we, as conservatives, have

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.027 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6976 CONGRESSIONAL RECORD — SENATE December 11, 2019 been able to impact our court system, Canada and Mexico—many inequities Adams, Hanna Yu, Preston Miller, Kristine which got lopsided over the years, to there, mostly because we were kind in Nichols, Brad Williamson, Ryan Williams, where many laws that were passed here those original agreements, but it need- Brooke Doss, Drew Ferguson, Connor Rabb, get into the court system and then ei- Taylor McDowell, Logan Purvis. ed to be changed because we cannot Caroline Maughon, Kate Hunter, Nyjel ther get overturned or get impacted in sustain that in the long run. This is Jackson, Jason Maynard, Max Turner, Han- ways that did not have the original in- going to help manufacturing. It is nah Kitzmiller, Colleen O’Connell, Ken tent. We here in our own conference, I going to help farmers. The number of Ciarlatta, Seth MacKenney, Riya Vashi, think, have addressed that imbalance, jobs it will create, even in this low un- Matt Sartor, Sahiti Namburar, Olivia Kelly, and I think here soon we will have ap- employment context, are amazing. Frederick Severtson, Floyd Buford. pointed, in the 3 years that President When you look at that, it finally gets VA COMMITTEE STAFF Trump has been at the helm, the 50th across the finish line, and we now, over Adam Reece, Thomas Coleman, Reider circuit judge. That is impressive. We the next couple weeks, couple Grunseth, Asher Allman, DeKisha Williams, are also filling slots now that we made months—who knows—we are dealing Barry Walker, Leslie Campbell, Annabell a change in the rules here to not only with what is going to happen in one of McWherter, John Ashley, Brian Newbold, get judges appointed but also to fill a Lindsay Dearing, David Shearman, Patrick the biggest political events that has McGuigan, Jillian Workman, Emily Blair, lot of the slots in our government that occurred in the history of this country. Pauline Schmitt. are vacant. So that is good news. All I can tell you is we will get through ETHICS COMMITTEE STAFF ECONOMIC GROWTH it. Deborah Sue Mayer, Karen Gorman, Cami Mr. President, you don’t hear much I don’t think we are going to find out Morrison, Geoff Turley, Madeline Dang, about the fact that household incomes any more than what we know cur- Shane Kelly, Katharine Quaglieri, Kelly have increased more than $5,000 a fam- rently, but hopefully, when we do get it Selesnick, Charlotte Underwood, Danny ily in the 3 years since President resolved, we are going to give full cred- Remington, Katie Jordan, Gabrielle Quin- Trump was elected. It went up a total it due to getting tasks done like the tana, Taylore Presta, Taisha Saintil, Mary of $1,000 in the 16 years through the USMCA, lowering taxes, creating more Yuengert. Bush and Obama administrations. That enterprise across this country, and Mr. ISAKSON. Mr. President, it con- should be the banner, the headline, and hopefully relying less on this institu- tains a list of literally hundreds of peo- sadly, we are mired in other discus- tion in all parts of our daily lives until ple who have helped me get to where I sions that I will address here in a mo- it sets the example that it starts to am today in this Chamber. A few of ment. live within its means, live sustainably. them are in this Chamber with me I believe in the long run that, if we And then we start tackling issues like right now and a lot of them were here are going to change the dynamic, we the cost of healthcare, where we start Tuesday of last week when the Senate will need more disruption in an institu- talking about climate, when we start was very kind to give me a sendoff. In tion that, in the year I have been here, talking about the issues that future fact, I thought they were so happy I I have been surprised how many people generations will have to deal with and was leaving, I had done something real- come here actually wanting more, not that are currently paying all the bills ly wrong, and I was saving them some realizing that when you are running through the money that we are bor- trouble, but they were really happy be- trillion-dollar deficits, that is a bad rowing, hopefully that dynamic will cause we were being happy together business partner. That is a business change, and hopefully, we will be back about the years we have had together. partner that I would hedge my bets and on track in November 2020 with the I have had 15 years together with maybe find other ways to pay the way leadership that has put us in a position Members of the U.S. Senate, and it has in the long run. Sadly, I don’t think we to actually change things here to been the greatest 15 years of my life. I are going to fix that component until where we do live in a way in the future learned as much about myself as I we probably have a crisis or two, and that is sustainable, setting the exam- learned about anybody else, but I then we solve it in that fashion. ple starting right here. learned even more about my country, So the budget which is, in my opin- I yield the floor. which I love so passionately. ion, in the long run what we need to do The PRESIDING OFFICER (Mr. I want to take a few minutes today here, if we want to be helpful to the SASSE). The Senator from Georgia. to talk about a few people I want to American public, it has got to straight- thank for what they said about me, FAREWELL TO THE SENATE en itself out. Whether that will happen, what they have done for me, and how Mr. ISAKSON. Mr. President, I al- I do not know. they have helped me. I wish to also tell ways come to the well of the Senate UNITED STATES-MEXICO-CANADA TRADE the people who may be listening to this with a purpose. I try not to talk too AGREEMENT show or watching C–SPAN today to un- long, and I try to make my point and Mr. President, let’s talk about some derstand there are a lot of people who get out before I make a big mistake. of the things that have been occupying make us work. We do all the mistakes When you are saying thank you to peo- time here, and let’s talk about some- by ourselves without any help, but the ple who have done so much for you, it thing that looks like, finally, it is good things we do take a lot of help. is almost always the time where you do going to get across the finish line: They take a lot of strength and a lot of make a mistake and you leave some- USMCA. We hear about trade issues. It time and a lot of commitment. is correct to be concerned about trade. body out here and somebody out there The 100 Members of this Senate sit- Our focus is normally on the Chinese. I and somebody out here. I am going to ting here have literally hundreds of do believe this has been the time to do a little something I have never done people behind them who help them do take them on, call them out for their before. I know one thing, I will leave their job they otherwise couldn’t do. I bad behavior when it comes to stealing nobody out. represent 10 million people; Senators intellectual property, forced tech- Mr. President, I ask unanimous con- from California, almost 30 million peo- nology transfers, manipulating cur- sent to have printed in the RECORD a ple; from New York, almost 15 million rencies, creating gluts, dumping it on list of names of my staff. people. All of the States have different the market; no one else is doing that. There being no objection, the mate- populations, but all of them have a lot Until President Trump came along, no- rial was ordered to be printed in the of people who need help. body else was talking about it. He was RECORD, as follows: That is what Members of the Senate over in Europe recently, reminding our PERSONAL OFFICE STAFF AND INTERNS are there to do, along with the Mem- allies that, when you are running tril- Monica Heil, Jeremy Johnson, Jay bers of the House, and that is to give lion-dollar deficits, you can no longer Sulzmann, Amanda Maddox, Marie Gordon, them the help they need from the coun- afford to be paying the bills for the rest Charles Spry, Michael Gay, Toni Brown, try they love and the country they Jody Redding, Kathie Miller, Nancy Bobbitt, of the world. That is business as usual, Nancy Brooks, Tommy Nguyen, Maureen were born in or became a naturalized thank goodness, because we simply Rhodes, Sheila Robinson, Andrew citizen in. can’t afford it anymore. Blascovich, Michael Black. I want to talk today more about the USMCA reflects arrangements be- Laura Gower, Will Dent, Jack Overstreet, hard work—the hard work of licking tween our two largest trading partners, Gus Youmans, Elizabeth McKay, Tripp stamps and envelopes when I first got

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.029 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6977 in politics. I don’t do that anymore. We Where is Logan? some more tomorrow. I will break it punch a computer key, and it says Logan is on the floor somewhere. He up, so I am not taking up all of the ‘‘reply all’’ or ‘‘distribute to all’’ or is my pusher. He is not the kind of time of the Chair, but I want to take as ‘‘send to all.’’ Technology allows us to pusher you are thinking about. He is much as I can right now to talk about communicate at the drop of a hat. my wheelchair pusher. He doesn’t sell Joan Kirchner Carr. I have a unique The biggest challenge I have every anything else but wheelchairs, but he situation with the chief of staff. Joan day communicating is because of what does a great job with it and gets me in Kirchner is my chief of staff. Her name is on television beginning at midnight. a lot of bad places I am not supposed to is now Joan Carr. She changed her President Trump usually makes a be able to get into, but he does it safe- name because she married my previous tweet about 3 o’clock in the morning, ly. We haven’t had any accidents, and chief of staff. She came with me as a and the news starts. We get phone he makes me look good. I could not do deputy chief of staff and fell in love calls, our staff gets phone calls, and for without Logan and his talent and his with my chief of staff, and they fell in the rest of the day we are responding willingness to get up early hours to get love with each other. He is now the at- to what he said at 3 a.m., knowing the me in a truck or get me in an airplane torney general of Georgia. She married next morning at 3 a.m. there will be a or get me in my own car and get me to my chief of staff. new tweet. There will be a new issue, the places I need to go safely and on I actually have pretty good luck for and he will be setting the pace. During time and get me back home to see my somebody who wants to get married. If the afternoon, when people respond to wife if we are in Atlanta or back here you come to my office, you will find a it, their response to it will be setting to see my many supporters in the office husband or wife or something like that. the pace. All of us are reacting in the when they need me. That is not a bad thing to happen in third person or for the third time. It is He is my instant communication Washington, DC. Joan has been fantastic. She wrote a challenging job. man. That means he is also my right for AP. She covered me when I was al- With communications like it is and brain. He is in there thinking ahead to most a little guy. I first got elected in 24/7 television like it is and the media make sure we have enough time to get 1976, and she was working for AP at like they are, it is really a challenge. where we need to go and have enough that time in the Georgia Legislature The men and women who work for me places to stop for the restroom, which and wrote speeches about all the people help me to make that communication. when you are in a wheelchair, that is who were in the legislature, and I was I want to, first of all, start off by something you have to think about one of them. I was the minority leader. thanking them. from time to time and all the other lit- I was the minority leader of a group of The lady sitting to my left—on the tle parts of life you take for granted 19 Republicans who had 161 Democrats screen, I guess that would make it your until you can’t do them anymore. opposing them. Custer had better odds right—Miss Amanda Maddox. Amanda When somebody helps you do them, than we did. We didn’t have good odds came to work for me a number of years they are a lifetime friend, and Logan at all. She was a great writer, a great ago when I stole her from one of the Purvis is a lifetime friend for me in reporter, and I fell in love with her— House Members because I knew she was what he does. not in the physical sense but in the the best person on the floor of the There is a real tall guy somewhere in platonic sense—because I knew how House. She was not an easy steal be- the room who is good golfer. His name good she was at what she did. cause I knew she was a tough lady, but is Trey Kilpatrick. Trey has been with Over the years, she impressed me so I knew I needed a tough lady and some- me for 10 years. He started with me in much, I brought her along on whatever body who could help. She has been a my third reelection or second reelec- campaign I had. I brought her along to tremendous help for me through a lot tion—one of my reelections—in the help me in the office I had. She ulti- of difficulties we never expected, nei- first half of this century. Sometimes mately became my press secretary, my ther she nor I—health challenges that I elections seem like a century, not a deputy chief of staff, my chief of staff, had, challenges I had in terms of my day or not an hour but a century. and my best friend. When you can staff, training for trips I took, going on Trey has done everything. He has cover all those bases at one time, you trips I took, dealing with the media made appointments; he has substituted are doing pretty good, and Joan does during things we took on that were for me; and he does an excellent job of exactly that. tough. Every day she did it with skill that. He has given me advice on what I am so grateful for all those who and aplomb. Every day she did it right, not to say. When he does this, I know have helped me along the way, all and every day she helped me look much what it means. I know what it means those who gave a lot, all those who better than I deserved. from my wife, too, but when Trey does gave a little but mostly those who gave I look in the mirror so I know what it, it means to shut up, you dummy. He of themselves. Politicians are always I start out with, but when I get up and gets me to shut up in time and not say asking for money; they are always open my mouth, I can do even more a bad thing. That is a valuable person. talking about money; and they are al- damage. Amanda keeps me from doing He is also valuable because I can’t ways promising money. Money is fine, that. She is a first-class lady. play golf anymore, but I let him play but that doesn’t get you much of any- Another lady who is not here today, in my stead, and he is a scratch golfer. thing—but relationships are impossible unfortunately, is Marie Gordon, who is For those of you who are listening or to replace. You take a good relation- in Atlanta. Marie works under Aman- watching this, that means he will beat ship with somebody who has worked da. She works for me in Atlanta, GA. anybody who tries to beat him, and I hard to help you get where you want to They are really my communication. hope to get half the money. If I don’t go, there is nothing better or more val- You heard of left brain-right brain. get half the money, I just enjoy seeing uable in life. No contribution of money This is my left brain. Marie is my right him and his great talent. is worth anything more than just that brain. They make me work, and I know He has his third child coming pretty act of love or that act of kindness or how many times I owe to say thank soon, so he is producing some good vot- act of support that gets you where you you to them, and it is more than I ers for us in about 15 or 20 years from are going. could ever come to. They have been now. I appreciate that as well. I appre- From this one guy who is leaving the wonderful to me, and I will miss them ciate Sally, his wife, and the sacrifice U.S. Senate under his own power, but a lot as I retire, but I know they will she has made to let him take as much not as much as I used to have, I en- be here to help somebody else along the time out of his life and her life as I joyed my 15 years more than you would same way who will take my place and have taken out of their lives. ever know, and I want to thank all do just as good a job or better. I appreciate those who have made me those people who helped me get here I want to, personally, publicly, thank look good. They made me look good all and made it possible for me, particu- Amanda and Marie for what they have the time, and I appreciate what they larly those I pointed out now and will done and how they made me look good. have done to help me along the way point out later in my speeches this A harder job is getting me around with my service in the U.S. Senate. week. May God bless them, may God with my current difficulties I am hav- There is another person I want to bless all of you, and may God bless the ing in terms of movement. talk about for 1 minute. I will do it United States of America.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.031 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6978 CONGRESSIONAL RECORD — SENATE December 11, 2019 I yield back. The Bible asks, ‘‘What does the Lord and continues to make a real difference The PRESIDING OFFICER (Mr. COT- require of you?’’ JOHNNY is living that as we work to break down the stigma TON). The Senator from West Virginia. answer: to act justly, to love mercy, that comes with addiction. I know he TRIBUTE TO JOHNNY ISAKSON and to walk humbly with God. We has continued working here in the Sen- Mrs. CAPITO. Mr. President, I am could use a few more humble walkers ate to prevent more families from ex- pleased to be on the floor with my col- around here, I think. We could sure use periencing a loss like his own. leagues to honor our friend and our col- more JOHNNY ISAKSONs. I am also grateful for Senator ISAK- league, JOHNNY ISAKSON from Georgia. You will be there cheering us on, I SON’s leadership on behalf of our coun- I could almost tell you he is probably know, because your heart is with your try’s veterans. In June, Senator ISAK- hating this about now, but I want to many friends who are here. I will miss SON led a bipartisan Senate delegation get my two cents in. I don’t need to seeing you coming around the corner to Normandy to mark the 75th anniver- read off his impressive resume or thank because our offices are very close. I sary of the D-Day landings. During him for his service in the Georgia Na- will miss our car rides together and our that visit, I saw firsthand JOHNNY’s in- tional Guard, his successful real estate golf games together. I will miss that credible kindness and commitment to business, his extensive public service, extended hand in friendship, but I our country’s veterans. I also saw how and all that he has done and accom- know that you will still be extending it quickly he dismissed compliments and plished in Congress. from your home with your family and thanks directed his way to ensure that I want to talk about JOHNNY ISAKSON, your many, many friends. others got credit for their part in his my friend. You hear everybody in this I am really happy to be here. This is success. I know that carries over to his body get up and we say: My colleague happy for me because I think it is tireless efforts and hard work on behalf and my friend. Sometimes I am not happy for you. I think that as much as of veterans as chairman of the Vet- sure we are really talking about you probably regret leaving and feel erans’ Affairs Committee. friends, but I want to tell you, JOHNNY, there is more work to be done, you can Above all, I appreciate Senator ISAK- I am not making this up. I am talking go in peace and love and know that you SON’s friendship. He has represented about you as my friend. I am not just have happy days ahead of you and a lot the people of Georgia in the Senate being polite. You know me better than of well-wishers on the way. with dignity, determination, and grit, that. JOHNNY, thanks a lot. Thanks for ex- as well as a really good sense of humor. I will tell a little story, and he has He has made a real difference. heard me tell it, but when I was first tending that hand of friendship. It meant so much to me then, as it does As Senator ISAKSON confronts a elected to the House of Representatives health challenge of his own right now, in the year 2000, I was walking down today. Good luck and Godspeed. The PRESIDING OFFICER. The Sen- I am confident that he will face it with the aisle, probably our first vote, had the bravery, humility, and humor he no idea really what I was doing, didn’t ator from New Hampshire. Ms. HASSAN. Mr. President, I rise has exemplified throughout his life and know anybody in the 435-Member body, here in the Senate. and I must have had it written all over today to join my colleagues, like the Senator from West Virginia, and pay Senator ISAKSON, we will all miss you my face because I was wandering, and terribly, but we are looking forward to tribute to our friend Senator JOHNNY this hand reaches out, and he says: traveling to Georgia to see you and to Why don’t you sit down here next to ISAKSON. It has been an incredible privilege to continue the many conversations that me, and we can talk about what is have made us all better people and bet- work with Senator ISAKSON. Senator going on. ter Senators and makes this country a That was my introduction to JOHNNY ISAKSON and I got to know each other first through the bipartisan Senate better place. ISAKSON. We talked about what was I yield the floor. going on on the floor. We talked about Prayer Breakfast and then serving to- The PRESIDING OFFICER. The Sen- who his friends were. We talked about gether on the Health, Education, ator from Alabama. the fact that my mother’s family was Labor, and Pensions and Finance Com- Mr. JONES. Mr. President, I know I from Perry, GA, and I had some Geor- mittees. I have always appreciated his am not in the right order, but since we gia blood running through these veins. commitment to bipartisanship, prob- have a gap here, I thought I would just JOHNNY, as we have heard, doesn’t lem-solving, and getting results for the jump in. care if you have been here 20 years or people in his home State of Georgia I am honored to be here today for the if you have been here 20 minutes, he and for people all across our country. JOHNNY ISAKSON memorial tribute part wants to be a friend. I heard him say Because of that commitment, Senator two. Being the lower person in the Sen- that the other day; that he has friends ISAKSON and I have worked together to ate on the totem pole here, I didn’t get and then he has future friends. I have cosponsor a number of pieces of legisla- a chance to talk last week, but I did sit actually thought about that a lot over tion, including efforts to improve care through the Senators’ remarks, which I the holiday weekend. He doesn’t care if for veterans and to make hearing aids found very compelling. you are a Republican or Democrat, available over-the-counter. We also I have found JOHNNY ISAKSON to be from the North or the South—South partnered together to pass a resolution very compelling. You know, there are will probably help a little bit—East or designating March 25 ‘‘Cerebral Palsy times when you watch a movie or a TV West, he has an innate ability to put Awareness Day.’’ show, and there are these special mo- everybody at ease. He doesn’t count In addition to being kind, thoughtful, ments when two people meet, and there anybody as an enemy. We have been to and bipartisan, one thing stands out to is one person who has that spark, who the Prayer Breakfast. We have shared me about Senator ISAKSON the most: has that magic, and when they touch, our highs and lows together in our re- his bravery in speaking out on issues when they embrace with a hug or a spective lives. He never cares who gets regarding human dignity. He dem- shake of the hands, all of a sudden, the the credit. He just cares about getting onstrated that bravery early on in his other person realizes they are talking things done. I think you have seen that career as a State senator who spoke to somebody very special. That is through everybody’s wonderful tributes out against a local anti-gay resolution. JOHNNY ISAKSON. That moment is built to JOHNNY. He brings people together. At a time when standing up for the around JOHNNY ISAKSON. That is hard to do, but he leads by ex- rights of people of all sexual orienta- From the first time I had the chance ample. He has been a great example to tions wasn’t easy or convenient, he did. to meet him on January 3, 2018, I knew me. You have been a great example to That took real courage. all of those things that are being said me. My colleague from North Dakota, In addition, I am in awe of Senator about his bipartisanship, about his Senator JOHN HOEVEN, has called you ISAKSON’s bravery in sharing publicly friendliness, and about how he wants to ‘‘Mr. Congeniality of the Senate.’’ I his family’s experience losing his work with people and how he cares can’t think of a better analogy. You grandson Charlie to an overdose. By about people were absolutely true. I are Mr. Congeniality, but you are also opening up and sharing this tragedy, could tell by the first handshake and a very forceful, strong person with a Senator ISAKSON helped reinforce that the ‘‘Welcome to the Senate, DOUG.’’ steel spine to know what is right and this crisis affects families from all I will say that I think meeting me what is wrong. walks of life. His public discussion has and having that spark was a real test

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.032 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6979 of Senator ISAKSON more than anybody OK? I get that. But for me, there has tion, better leaders, and better public in this body because you have to under- always been a sense that you belong in servants because of his model. stand that when we first met, it was this body and you have a voice, and it Senator ISAKSON has done a lot of about 5 days before his beloved Georgia is an important voice. We need more of things that have been discussed on the Bulldogs were going to face the Univer- that. Senate floor. I don’t know how much I sity of Alabama in the national cham- We need to make sure everything can add, but I am going to add a few pionship game. JOHNNY ISAKSON said is remembered in things to the kind words that have For those who don’t know this, I am this body. We are about to go through been said. So many people have said telling you, you can think of ‘‘par- some rough seas. The ship of state, as such great things. tisanship’’ and ‘‘tribalism’’ as political I have said before, is about to chart The first time Senator ISAKSON and I terms here in Washington, DC, but if some rough seas. We need to remember had an opportunity to really work to- you ain’t experienced football partisan- the words of Senator ISAKSON as he gether was on something that will ben- ship and football tribalism as far as leaves this body to make sure we con- efit generations of Coloradans. It was SEC rivals, you ain’t experienced noth- tinue to do the work. the VA hospital in Colorado—some- ing. So the fact that JOHNNY ISAKSON I think what we have done these last thing that may have shaved off some of embraced me, a Democrat from his couple of weeks is reflective of the leg- the patience Senator ISAKSON has, neighboring State of Alabama, was acy of JOHNNY ISAKSON. Whereas what which seems to be unending at times. very, very special and something I will was going on in the House and what This one, though, I am sure, took a lit- always cherish. was dominating in the media—we still tle bit of a toll—the frustration with a I truly mean that, JOHNNY. I have got an NDAA done, we still got the FU- very crazy collapse of a VA facility watched you as a member of the HELP TURE Act done, and we are still, over that had taken over a decade and— Committee with me. I have watched in the House, negotiating USMCA. gosh—hundreds of millions of dollars to you in so many hearings and listened Things in this body can work if we complete. It was a project that started to you and your wisdom. That wisdom work together and we make sure that out in the nineties but that didn’t get often came from personal experiences. whatever happens after the first of the done until about a year ago or so. It Whether it was business or education year does not interfere with our ability was a project that had started out at or whether it was the tragedy with to relate to each other and to our con- $300 million but that had ended up your grandson, everything about what stituents and for the people of Amer- being over $2 billion. you have done in the U.S. Senate has ica. Through it all, Senator ISAKSON was mindful of a very simple purpose, been personal. JOHNNY, I have been honored and I think that is something we should privileged to serve with you. It will al- which was that this facility was to ben- all strive to do. Everything we do in ways be one of the greatest honors in efit the veterans who had given so this body needs to be personal because my life to have been able to have much to this country. The first thing for all of our constituents, it is per- served in this body with you. I wish Senator ISAKSON said to me was: Don’t worry. We are going to get this done, sonal to us. It is personal to our States you and your family nothing but the and we are going to make reforms so and personal to everyone, but we don’t best in the future. I hope that you will that this never happens again. always seem to act that way. A lot of continue to contact me during the Under Senator ISAKSON’s leadership, times, we act in a way that it seems to football games and throughout so that we have seen changes at the VA, and be more political than personal. I have we can commiserate the good, the bad, we have also seen changes about how never seen that in Senator ISAKSON. I and the ugly about Georgia and Ala- new facilities are going to be com- have seen that time and again, where bama football. I love you, and I appre- pleted and built so that we can avoid everything he has spoken about— ciate you. Thank God you have been the kinds of mistakes that led to the whether or not I agreed with him was here. delays in Colorado. not the issue. I could tell that what he I yield the floor. Ultimately, Senator ISAKSON knew was speaking of was personal, that it The PRESIDING OFFICER. The Sen- that this would be the crown jewel in meant something to him, and that he ator from Colorado. the Rocky Mountain region for vet- knew how it was going to affect those Mr. GARDNER. Mr. President, I erans’ service and veterans’ care, and in the State of Georgia and across the agree with my colleague from Ala- that is exactly what it continues to be. bama, Senator JONES. Senator JONES United States. We have Senator ISAKSON to thank for I can remember last year when we and I haven’t been here as long as some the completion of that and the time on were moving toward trying to find a of our other colleagues have been, but task it took to get the job done. way to help farmers in south Georgia I think it is probably fair to say that Senator ISAKSON held a field hearing and south Alabama who had been so when Senator JONES and I have a col- in Aurora, CO, with, I think at the devastated by Hurricane Michael. This league who is departing or if the Pre- time, Deputy Secretary Sloan Gibson was crossing party lines. He and Sen- siding Officer has a colleague who is to find out what had happened, why the ator PERDUE and I talked a lot about departing, there will be one day of fare- delays occurred, and then to fix it and how this was affecting people and peo- well. Maybe there will be an hour’s to hold the people accountable who ple’s lives and how frustrating it was window in which we can come to the were responsible for the delays. That is for all of us to see the politics kind of floor to say thank you or there will be the kind of leadership Senator ISAKSON take over for a period of—I don’t a reception in the Mansfield Room. I provided. know—4 or 5 months while these farm- think it is fair to say, as has my col- Throughout that process, I think I ers suffered. That is the JOHNNY ISAK- league Senator JONES, that I have been threatened to rename the colonoscopy SON who reaches across the aisle. That in line for a long time to get to this unit after a couple of people, but for is the JOHNNY ISAKSON who cares about day to say thank you to JOHNNY ISAK- Senator ISAKSON, we should name the people. That is the JOHNNY ISAKSON SON. town after him for the work he did to who goes to funerals and sits in the These tributes started when Senator complete that facility. back of the room and then works to ISAKSON first announced he would be I remember the first time I gave him make sure he does the right thing for retiring from the Senate. It is very fit- a little bit of a treat from Colorado in all those who could be affected. ting that they continue through this order to thank him for his work. It was JOHNNY, I am going to miss you a lot. day because of the work he has pursued a box of Enstrom Toffee from a family I enjoy our talks about football. I and because of his accomplishments company in western Colorado. It was a enjoy kidding you. I enjoy your ribbing but also because of the humanity that pretty incredible treat. I gave it to him me. But more importantly, I just enjoy rests in his heart. All of us are better and thought he had never had this be- the camaraderie. I enjoy the warmth, off because of his work. fore. the feeling that I belong here. I, a Dem- In my knowing him, I hope that a lit- He looked at it, and he said: Oh, ocrat from Alabama, belong in this tle bit of JOHNNY ISAKSON rubs off on Enstrom Toffee. I love this stuff. I used body—maybe not after 2020. I ain’t all of us and that we can be here today, to give this out to my clients when I going to push you that far, JOHNNY, knowing that we are a better institu- was in real estate.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.037 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6980 CONGRESSIONAL RECORD — SENATE December 11, 2019 So I couldn’t even surprise him with Of course, many of us here have been would agree with me that one of the what I thought was a very special Colo- reminded time and again of the impor- highlights of our year is when Senator rado treat. tance of the Port of Savannah and its ISAKSON has his bipartisan barbecue JOHNNY is the kind of person who has dredging needs. I can especially iden- lunch, which features not just the the ability to cut through problems, to tify with those since we have small dishes his home State is known for but, cut through the smoke, to cut through ports—much smaller than Savan- as he points out, the best barbecue in the haze and the fog of a challenge and nah’s—in New Hampshire, but they America. go right to the merits of it, to very consistently have dredging needs, so I In New Hampshire, we don’t have a concisely riff on any issue at a mo- know how important it is to have an lot of barbecue, so I don’t have much ment’s notice, cut to the heart of a advocate who is there all the time, basis on which to judge, but I certainly problem, and provide a solution to that making sure that the needs of those would agree it is very good barbecue. problem and to that challenge. ports are being seen to. I think, as somebody who has served As the old saying goes, you are One of the many areas where Senator in the Army, he understands that the known by the company you keep. When ISAKSON and I have found common way to our hearts is through our stom- one looks around this Chamber, one ground is reforming our budget proc- achs, and we know if we keep our sees the people who came to pay their ess. I think it is not a secret to any- troops eating well that they do better, thanks to Senator ISAKSON. It is pretty body in this body that the Federal and I think the same is probably true good company. He has done such great budget process is broken. Since 2011, I of Senators. If we can keep eating well things for Georgia and for this country. have worked with Senator ISAKSON, and collaborate when we are doing I can’t thank Senator ISAKSON enough who had been working on trying to get that, it is great for our morale, and it for his leadership, for helping us all out a biennial budgeting process for the is a great way to help work better to- in Colorado, and for making this coun- Federal Government. That is some- gether. try a better place. thing that I think makes sense. Nine- In closing, I just want to say that throughout his time in Congress, JOHN- Senator ISAKSON, thank you for all teen States, including New Hampshire, NY ISAKSON has been a statesman, and that you have done. operate on a biennial budget. We be- he has been a gentleman of the highest I yield the floor. lieve that taxpayers would be better order. They say that we remember peo- The PRESIDING OFFICER. The Sen- served by a process whereby Congress ple not by what they say as much as by ator from New Hampshire. budgets for 2 years rather than 1 and is how we feel we are treated, and I know Mrs. SHAHEEN. Mr. President, I able to use the second year for over- it is fair to say, whether it is the per- come to the floor this afternoon to pay sight. son operating the elevator, the person tribute to our good friend Senator As we know, it is not easy to change who is serving us lunch, each of us as JOHNNY ISAKSON of the great State of things in Washington. I couldn’t have Senators, or his constituents, JOHNNY Georgia. I say ‘‘ours’’ because I know asked for a better partner in this ef- ISAKSON has made all of us feel very he is a friend to everyone in this Cham- fort. important, and he recognizes the value ber. It was a real blow to me and, I One of the things I have especially that each individual in the Senate con- know, to all of the Senators to hear appreciated about JOHNNY is that he tributes to this body. For that, I am that Senator ISAKSON wouldn’t be seek- has very little time for partisan snip- very appreciative, and I will miss you, ing another term and that he would be ing, which has too often characterized leaving early. Senator ISAKSON. much of what we do here. Thank you for everything you have Over the years, JOHNNY and I have One of the gestures that mattered to done for all of us. had a chance to partner on a number of me and that has stood out about what The PRESIDING OFFICER. The Sen- bipartisan initiatives. He has estab- his character is and how he has oper- ator from Mississippi. lished a reputation in this body as an ated in the Senate has been the fact Mr. WICKER. Mr. President, let me honorable and hard-working Senator that he came to New Hampshire to ad- join my dear friend and colleague from who cares deeply about his constitu- vocate for our biennial budgeting ef- New Hampshire in paying tribute to so ents. Beyond that, he is just a kind forts in 2013, a year when I was in cycle many things about JOHNNY ISAKSON. person. As we think about the acco- for reelection. It didn’t matter to him. I know we are supposed to abide by lades we could say about somebody, What mattered was that we were work- the rules, address remarks to the somebody who is kind to everyone they ing on this issue, and it was important Chair, and not speak to each other, and meet, that is about as nice a thing, I to the American people. if I occasionally look over at the senior think, as you can say. I had the opportunity to go the fol- Senator from Georgia and call him What JOHNNY does has been dem- lowing year to Atlanta, and we did the JOHNNY, I will apologize in advance to onstrated time and again in Congress. same presentation in Atlanta to again the Chair and to the keeper of the He develops trust and good working re- show that we could work in a bipar- rules. lationships, and he gets things done. tisan way to try and address what I think one of the points that Sen- As chairman of the Veterans’ Affairs wasn’t working in New Hampshire. ator SHAHEEN was making about the bi- Committee and a veteran himself, I have especially appreciated that he partisan barbecue lunch every year is JOHNNY has taken on the difficult but has taken that approach on everything that we ought to do this more often. critical task of making reforms to the we have worked on together. We choose sides so many times, and for VA to better deliver care to those who I know Senator ISAKSON also cares those of us on this side of the aisle, it have fought for our country. Having deeply about the institution of the is three times at lunch every week— been through some of those challenges Senate. He served as chairman of the Tuesday, Wednesday, and Thursday. with veterans in New Hampshire and Senate’s Ethics Committee, a com- The senior Senator from New Hamp- seeing what they are facing with get- mittee I have also been a member of, shire and I never have a chance to have ting the care they need, to be able to though not nearly as long as he has. I lunch together because we are there go back to them and say that because have seen closeup how he has faithfully with our leadership talking about what of the work of Senator ISAKSON and and honorably conducted the commit- our folks are going to do. Senator TESTER, we now have the MIS- tee’s business and, again, how partisan- JOHNNY ISAKSON decided at least one SION Act—which is bipartisan legisla- ship has not been any part of how he time a year, when he was in charge of tion to expand care and services to vet- has approached his duties on the Ethics making that decision, that he would erans—has been very reassuring. Committee. What has been important invite Republicans and Democrats. We also know that Senator ISAKSON has been preserving the integrity of the Sometimes we got pushback from the is a fierce advocate for local priorities Senate and the responsibility that each leadership of both parties because they in his home State. I have a sister in of us has as a Senator. didn’t have us captive that particular Georgia, in Atlanta, and when I ask her There have been so many ways in hour, and some of us who tried it didn’t about Senator ISAKSON, she speaks which JOHNNY ISAKSON has bridged the do it year after year after year. JOHNNY very positively about what she has partisan divide. One of those is through ISAKSON has done that and has been an seen that he does in Georgia. food, and I think all of my colleagues example of bipartisanship.

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.038 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6981 I hope, JOHNNY, we are not making I submit today for the RECORD the I am so grateful for the sermons I you weary of speechmaking, but I did entire poem, and ask unanimous con- have been able to see as a Member of want to make an extra point that per- sent that it be admitted. the House of Representatives, as a fel- haps others haven’t made and give a There being no objection, the mate- low colleague of JOHNNY ISAKSON’s here quotation that Senator JOHNNY ISAK- rial was ordered to be printed in the in the U.S. Senate. SON has made about others that he RECORD, as follows: He has demonstrated, in the way he would never have made about himself SERMONS WE SEE has acted, the way we should always because he is too modest. (By Edgar Guest) act. He has shown us how to be a gen- I first became aware of JOHNNY ISAK- I’d rather see a sermon than hear one any tleman and how to be an accomplished SON in 1990, and he and I had not met at day; gentleman in the way he has lived and that point, but I was in Atlanta, GA, I’d rather one should walk with me than the way he has worked across the aisle. for some party function. JOHNNY ISAK- merely tell the way. How he ends this chapter gives us an SON was a successful businessman and a The eye’s a better pupil and more willing opportunity to say thank you for the member of the Georgia senate. He was than the ear, way he has made the Nation better and the Republican nominee for Governor Fine counsel is confusing, but example’s al- the way he has made life better for mil- that year, and it was pretty well ways clear; lions and millions of his fellow Ameri- And the best of all the preachers are the men known that he was not going to win cans. Thank you, JOHNNY. who live their creeds, that race. But he came before us and I yield the floor. For to see good put in action is what every- The PRESIDING OFFICER (Mr. gave a rip-roaring talk, very impres- body needs. sive, and I said to myself: You know, I soon can learn to do it if you’ll let me see CRAPO). The Senator from Oregon. he may not win this year, but this it done; Mr. MERKLEY. Mr. President, it is JOHNNY ISAKSON fellow has a future, I can watch your hands in action, but your now my pleasure to also say some and he is going to go places. tongue too fast may run. words of tribute to my colleague from It turned out that the impression I And the lecture you deliver may be very wise Georgia. had that day was correct. He would go and true, When I first came here and found out on to serve for some time in a bipar- But I’d rather get my lessons by observing about his real estate background and tisan way in Georgia, and then, when what you do; his interest in homeownership, I felt it For I might misunderstand you and the high the Speaker of the House of Represent- was a powerful connection, in that advise you give, while I was never in the real estate atives resigned from office, JOHNNY But there’s no misunderstanding how you ISAKSON was there to win the special act and how you live. business, when I went back to Oregon election and became my colleague in When I see a deed of kindness, I am eager to in 1991, I found a connection with Habi- the House of Representatives. be kind. tat for Humanity and eventually be- During that time when we served in When a weaker brother stumbles and a came their director, and it was all the House together, we were on the strong man stays behind about homeownership. So I spent a tre- deputy whip team together. And, JOHN- Just to see if he can help him, then the wish mendous amount of time working to grows strong in me NY, it was usually you and I sitting advance homeownership for families in next to each other at each of those To become as big and thoughtful as I know Oregon. Certainly, that is what the res- that friend to be. idential rules say business is all about, weekly meetings of the whip team. And all travelers can witness that the best of I began to realize on a personal, day- guides today and he spent decades in that world be- to-day basis what an outstanding lead- Is not the one who tells them, but the one fore he came to Congress. er he was, what an articulate leader he who shows the way. In fact, I also felt a connection be- was, how persuasive he was, and how One good man teaches many, men believe cause of his service in the House of able he was to actually come up with what they behold; Representatives in Georgia. I only had some accomplishments in the Congress. One deed of kindness noticed is worth forty 10 years in the Oregon House, and he Boy, it is hard to get a bill passed, that are told. had far more than that in the Georgia and JOHNNY ISAKSON has gotten bill Who stands with men of honor learns to hold House of Representatives. I don’t know after bill after bill passed for our Na- his honor dear, if the Georgia House is like the Oregon For right living speaks a language which to House, but the Oregon House was a tion’s veterans, of which I am proud to every one is clear. be one—a list as long as my arms. I am Though an able speaker charms me with his very functional place, where people proud to be a veteran. I am proud to be eloquence, I say, came to the floor and listened to each the father of an Air Force major and I’d rather see a sermon than to hear one, any other and shared ideas. They were only the son of an Army-Air Force veteran day. allowed to speak for 5 minutes so ev- from World War II. We all appreciate in Mr. WICKER. Mr. President, I will erybody could hear each other. You our family, down through the genera- read the first two verses of ‘‘Sermons could borrow time from others, but if tions, the efforts that JOHNNY has We See’’ by Edgar Guest. you borrowed time, then, people start- made. I’d rather see a sermon than hear one any ed to say: The longer that you speak, He has been so effective because he day; the less support you will have. understands people, because he under- I’d rather one should walk with me than So it was great to have the entire stands the business about building con- merely tell the way. group present, talking to each other, sensus and using strong relationships The eye’s a better pupil and more willing working, and talking on the floor. and treating each and every one of us than the ear. That is how I envision the Georgia on both sides of this center aisle with Fine counsel is confusing, but example’s House, as well, which I think is a tre- dignity and respect—the kind of re- always clear; mendous foundation for networking And the best of all the preachers are the ideas, working with others, realizing spect that we would hope to be treated men who live their creeds, with always. For to see good put in action is what ev- that relationships make such a dif- Senator ISAKSON enjoys poetry, as do erybody needs. ference as we strive for policies we be- I, and I have been known to quote a I soon can learn to do it if you’ll let me see lieve in. But the pathway involves rela- line or two from a poem, but today I it done; tionships. want to quote from a poem entitled I can watch your hands in action, but your John F. Kennedy once said: ‘‘Let the ‘‘Sermons We See’’ by Edgar Guest. tongue too fast may run. public service be a proud and lively ca- The reason I want to do this is that And the lecture you deliver may be very reer.’’ When I think about my col- wise and true, league’s career spanning the Georgia from time to time, when we have hon- But I’d rather get my lessons by observing ored people JOHNNY ISAKSON admired, what you do; House and Georgia Senate and the U.S. he would cite this poem or a verse or For I might misunderstand you and the House and now the U.S. Senate, and all two from it as a way of honoring and high advise you give, that he has worked on, I think of it as pointing out the virtues of the person But there’s no misunderstanding how you exactly that—a proud and lively career being honored. He would never be so act and how you live. not only that he can be proud of but bold as to quote the poem about him- Those are first two verses of ‘‘Ser- that all of us can be proud of, as evi- self. mons We See.’’ denced by the many folks who have

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.040 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6982 CONGRESSIONAL RECORD — SENATE December 11, 2019 come to the floor to say thank you for The bill clerk proceeded to call the ‘‘Not Qualified’’ by the ABA, out of your service. roll. over 260 Trump nominees the ABA has There was one particular event that I Mr. BARRASSO. Mr. President, I ask reviewed. The ABA conducts a peer re- will never forget, and that is after the unanimous consent that the order for view process. In VanDyke’s case, the passage of Dodd-Frank. I heard that a the quorum call be rescinded. ABA interviewed 60 attorneys and problem had occurred related to the in- The PRESIDING OFFICER. Without judges who knew him and his work. terest on lawyer trust accounts, known objection, it is so ordered. Mr. VanDyke’s peers said that Mr. by the term IOLTA. This interest, NOMINATION OF LAWRENCE VANDYKE VanDyke ‘‘is arrogant, lazy, an ideo- which was not allowed to accrue di- Mr. DURBIN. Mr. President, I oppose logue, and lacking in knowledge of the rectly to the company of lawyers, was the nomination of Lawrence VanDyke day-to-day practice including proce- dedicated by law to funding legal de- to fill a Nevada seat on the Ninth Cir- dural rules,’’ ‘‘does not always have a fense funds for noncriminal assistance cuit. When my Republican colleagues commitment to being candid and to American citizens facing court pro- decided to abandon blue slips for cir- truthful,’’ and ‘‘in some oral argu- ceedings so they could get a fair day in cuit court seats, many on our side ments, he missed issues fundamental to court. warned that we would start to see the analysis of the case.’’ These were So I was trying to get unanimous nominees with little connection to the scathing comments from dozens of consent for us to fix this, and I needed States in which they were nominated judges and lawyers who know Mr. Van- a partner on the Republican side of the to sit. Those warnings are coming true. Dyke and his work well. aisle. I was walking from one Senator We saw it earlier this year, when the In short, it is no surprise that both of to another to another. I probably went Senate approved the nomination of Nevada’s Senators oppose this nomina- through about 15 Senators, and I would Daniel Bress to fill a California seat on tion. I agree with them. I will oppose say: Have you ever heard of IOLTA? the Ninth Circuit, even though he had the VanDyke nomination, and I urge And, universally, the answer was no. barely lived or practiced in California my colleagues to do the same. I would explain what it was and say as an adult. Mrs. FEINSTEIN. Mr. President, I why it might make a difference, and Now, we are seeing it again with Mr. rise today in strong opposition to the VanDyke, whose ties to Nevada are each time I spoke they would say: Well, nomination of Lawrence VanDyke to a minimal. He did not grow up in Nevada it is probably not something near the Nevada seat on the Ninth Circuit Court or attend any schools there. He did not top of my list to spend time on. of Appeals. move to Nevada until 2015, after he had Then, I asked Senator ISAKSON: Have I ask unanimous consent to have lost a race for the State supreme court you ever heard of IOLTA? printed in the RECORD a number of let- He said: Of course, I have. of Montana. He did not become an ac- ters and other documents relevant to I explained to him exactly what it tive member of the Nevada Bar until Mr. VanDyke’s nomination following was and why it mattered, and I said: October 2017. He does not have family my remarks. Would you be a partner and try to fix ties to Nevada. He does not currently Mr. VanDyke’s temperament and in- live in Nevada. Since he moved to Vir- this so that the funds will go to the tegrity have been called into question ginia 8 months ago, he has not been to public legal defense fund? And he said by his colleagues and the American Bar Nevada even once. Mr. VanDyke’s only yes. Association, which rated him ‘‘Not real tie to Nevada is that he was given We had to persuade, collectively, a Qualified’’ for the Federal bench. Mr. a job there for a few years as solicitor number of folks who had holds on the VanDyke’s record, including his oppo- general, apparently as a landing spot amendment, which we did. We finally sition to rights of LGBT individuals after he lost his race in Montana. and commonsense gun control, is far had one Senator who was still putting There are many longtime members of outside the mainstream. a hold on it, and we met with him—I the Nevada legal community who are First, I want to discuss concerns don’t know if my colleague from Geor- well qualified to serve as a Federal cir- raised by Mr. VanDyke’s colleagues re- gia will remember this, but we met cuit court judge. But none of them will garding his temperament, competence, with him—and explained our case. get the chance to fill this seat. Instead, and work ethic. The American Bar As- He said that, well, he would think Senate Republicans are going to rub- sociation interviewed 60 of Mr. about it, and we decided to inform him ber-stamp someone with minimal Ne- VanDyke’s colleagues, including 43 that we were going to ask for a unani- vada ties for this Nevada judgeship. mous consent motion on the floor at a How would my colleagues like it if that lawyers, 16 judges, and one other indi- certain time on a certain day, and that happened to their States? Mr. VanDyke vidual who have worked with Mr. Van- he was welcome to come back and ob- also has a deeply troubling record. Dyke in the four States where he has ject if he wanted. He did come back, When he was Montana’s solicitor gen- worked and who are ‘‘in a position to and he met with us at that moment eral, we saw from his emails that he al- assess his professional qualifications.’’ and withdrew his objection, and we lowed political considerations to guide In its letter to the committee, the passed that fix. litigation decisions. For example, in a ABA reported that Mr. VanDyke’s col- Now, interest rates have not been as 2013 email, he urged that Montana join leagues described him as ‘‘arrogant, high. So the amount of funds that went an amicus brief supporting the NRA in lazy, an ideologue, and lacking in into the fund were not equivalent to a cert petition involving a challenge to knowledge of the day-to-day practice what they were in a previous era, but it a gun law on the books. VanDyke including procedural rules’’ and stated is an example of bipartisan work. It is wrote, ‘‘I’m not sure I agree with the that he ‘‘has an ’entitlement’ tempera- not blue or red work. It is work to help strategy of bringing this case to ment, does not have an open mind, and make something go a little better for SCOTUS, but I think we want to be on does not always have a commitment to people in the United States of America. the record as on the side of gun rights being candid and truthful.’’ So to my colleague from Georgia, and the NRA.’’ As Montana’s solicitor general, Mr. thank you for doing many things to I am troubled that, for his judicial VanDyke’s coworkers raised similar make life better for the citizens of the election campaign, he filled out an concerns. They noted that he ‘‘avoids United States of America, working NRA endorsement questionnaire in work’’ and that he ‘‘does not have the with that goal in mind, not partisan- which he said he agreed that ‘‘gun con- skills to perform, nor desire to learn ship. trol laws are misdirected.’’ He also has how to perform, the work of a lawyer.’’ Bless you and your family. Thank a lengthy history of criticizing and un- These concerns were echoed by six re- you for your service. dermining LGBTQ rights. This includes tired justices of the Montana Supreme I yield the floor. his 2004 column where he wrote that Court who wrote that Mr. VanDyke The PRESIDING OFFICER. The Sen- there is, ‘‘ample reason for concern ‘‘has neither the qualifications nor the ator from Georgia. that same-sex marriage will hurt fami- temperament to serve as a federal Mr. ISAKSON. Mr. President, I sug- lies, and consequently children and so- court of appeals judge.’’ Based in part gest the absence of a quorum. ciety.’’ on these assessments, the ABA deemed The PRESIDING OFFICER. The Mr. VanDyke is the ninth Trump ju- Mr. VanDyke ‘‘Not Qualified’’ to be a clerk will call the roll. dicial nominee who has been rated Federal district court judge. The ABA

VerDate Sep 11 2014 01:56 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.042 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6983 has rated 97 percent of President seeking judicial office, and so I asked strictive state legislation regulating fire- Trump’s judicial nominees since 1989. him to answer the same questions from arms and/or ammunition? It has a process and standards. It has the NRA’s questionnaire as part of this a. lll Yes, I support additional restric- tive state legislation regulating firearms rated 97 percent of President Trump’s nomination process. He declined to do and/or ammunition. judicial nominees ‘‘Qualified’’ or ‘‘Well so. b. lll Yes, I support additional restric- Qualified.’’ Mr. VanDyke, then, is a It is distressing that a nominee tive state legislation regulating firearms. clear exception. would offer his views on gun control to Please explain: Mr. VanDyke’s record on LGBT the NRA, but not to a Member of the c. lll Yes, I support additional restric- rights is also deeply troubling. U.S. Senate who must vote on his life- tive state legislation regulating ammuni- In a 2004 op-ed, he wrote that there is time appointment to the Federal tion. Please explain: d. lll No, current state firearm laws are ‘‘ample reason for concern that same- bench. sufficient. sex marriage will hurt families, and It is no wonder that gun safety e. X No, current state firearm laws should consequentially children and society.’’ groups, including the Giffords Law be improved to benefit law-abiding gun own- Lambda Legal rightly characterized Center and the Coalition to Stop Gun ers and sportsmen in Montana. this claim as a ‘‘stigmatizing and Violence, fear that Mr. VanDyke has 4. Would you support state legislation ban- disproven myth.’’ During his hearing, demonstrated a ‘‘clear lack of impar- ning the manufacture, possession, ownership, and in written questions, Mr. VanDyke purchase, sale and/or transfer of any fire- tiality’’ and is ‘‘incapable of serving as arms? was given many opportunities to dis- an impartial justice.’’ a. lll Yes, for all firearms. Please speci- avow this statement, which is not sup- The Nevada Senators strongly oppose fy type of restrictions: ported by the research. He declined to Mr. VanDyke, in part because he lacks b. lll Yes, for all handguns. Please do so. ties to the State. Their opposition is specify type of restrictions: I asked Mr. VanDyke whether the justified. It is hard to believe that this c. lll Yes, for some firearms. Please Supreme Court’s decision legalizing specify types of firearms/restrictions: nominee, whose views are so far out- d. X No, I oppose banning the manufacture, same-sex marriage in Obergefell v. side the mainstream and who is un- possession, ownership, purchase, sale and/or Hodges has harmed families and chil- qualified for the position, is the best transfer of any firearm. dren, and I presented him with re- the Nevada legal community has to 5. Many .50 caliber firearms are used in big search showing that the children of gay offer. game hunting and target competition and and lesbian parents do as well as chil- Federal appeals court judges must be the .50 caliber BMG cartridge has been used dren raised in opposite-sex households. knowledgeable, and litigants must for nearly a century. Would you support leg- Still, Mr. VanDyke refused to disavow have confidence that these judges will islation prohibiting the ownership and/or his anti-LGBT statements. sale of any .50 caliber firearms or ammuni- treat them fairly and honestly. Unfor- tion in Montana? In its letter to the committee, the tunately, Mr. VanDyke does not meet a. lll Yes, I would support such legisla- ABA reported that some interviewees these basic standards. I urge my col- tion. Please explain: were unconvinced that Mr. VanDyke leagues to join me in opposing his nom- b. X No, I would oppose such legislation. would be fair to members of the LGBT ination. I personally have hunted with a 50 AE community. The ABA further noted There being no objection, the mate- Desert Eagle Pistol (.50 caliber) that Mr. VanDyke ‘‘would not say af- 6. In 1994, Congress imposed a 10-year ban rial was ordered to be printed in the on the manufacture, for sale to private indi- firmatively that he would be fair to RECORD, as follows: viduals, of various semi-automatic* firearms any litigant before him, notably mem- NRA–PVF it termed ‘‘assault weapons,’’ and of ammu- bers of the LGBT community.’’ I am National Rifle Association of America nition magazines capable of holding more concerned based on Mr. VanDyke’s Political Victory Fund than 10 rounds of ammunition, which pri- record and the ABA’s assessment that 2014 MONTANA CANDIDATE QUESTIONNAIRE marily affected handguns designed for self- defense. Congress’ subsequent study of the LGBT litigants cannot expect to be Name: Lawrence VanDyke ban, as well as state and local law enforce- treated fairly in his courtroom. Website: www.VanDykeforJustice.com ment agency reports, showed that contrary Finally, I would like to highlight Mr. Campaign Name: VanDyke for Supreme to the ban’s supporters’ claims, the guns and Court VanDyke’s long history of advocating magazines had never been used in more than Campaign ID #: 46-5103703 against commonsense gun control. about 1%-2% of violent crime. Since the ban Public Office(s) Held: Montana Solicitor As Nevada solicitor general, he un- expired in 2004, the numbers of these fire- General dermined implementation of a 2016 bal- arms and magazines owned have risen to all- Occupation: Attorney time highs and violent crime has fallen to a lot initiative, passed by Nevada voter Office Sought: Montana Supreme Court 42-year low. Would you support state legisla- that would have closed a loophole by Justice tion restricting the possession, ownership, expanding background checks for pri- District: Seat 2 vate gun sales. As Montana solicitor Party: Non-Partisan purchase, sale, and/or transfer of semi-auto- general, he called assault weapons bans For further information on Montana fire- matic firearms and/or limits on the capacity arm laws, Please visit www.nraila.org and of magazines designed for self-defense? ‘‘ineffective’’ and questioned the Fed- * Semi-automatic firearms have been com- click on the ‘‘Gun Laws’’ feature located in eral Government’s authority to regu- monly used for hunting, target shooting, and the menu. late guns in any capacity. self-defense since their introduction in the 1. Do you agree that the Second Amend- late 1800s. All semi-automatics fire only one While running for a seat on the Mon- ment to the United States Constitution shot when the trigger is pulled. They are not tana Supreme Court in 2014, he filled guarantees a fundamental, individual right fully-automatic machine guns, which have out an NRA Questionnaire that high- to keep and bear arms that applies to all been strictly regulated under federal law lights how far outside the mainstream Americans, regardless of where they live in since 1934. the United States? his views on gun control are. a. lll Yes, I would support such legisla- a. X Yes. On this questionnaire, Mr. VanDyke tion for semi-automatic firearms only. indicated that he believes all gun con- b. lll No. b. lll Yes, I would support such legisla- trol laws are ‘‘misdirected.’’ He op- 2. Which of the following statements best tion for magazines only. represents your opinion on the prevention of c. lll Yes, I would support such legisla- posed banning the possession, pur- violent crime? chase, or sale of any firearm. He also tion for semi-automatic firearms and maga- a. lll Gun control laws will solve the zines. opposed assault weapons bans and re- crime problem. d. X No, I would oppose such legislation. quiring background checks for guns b. lll Gun control laws will not solve 7. Federal law requires federally-licensed sold at gun shows. the crime problem, but they must be a part firearms dealers to keep records of the make, Mr. VanDyke even appeared to pledge of the overall solution. model, caliber, and serial number of all fire- loyalty to the NRA itself. He wrote on c. X Gun control laws are misdirected; the arms sold. Would you support state legisla- the questionnaire that he had stopped solution is the enforcement of existing laws tion requiring all firearm owners to register being a member of the organization be- which punish criminals who misuse firearms all their firearm(s) for entry into a central- and other weapons in the commission of cause he ‘‘didn’t want to risk recusal if ized state file or database? crimes. a. ll Yes, for all firearms. a lawsuit came before [him] where the d. lll Other: b. ll Yes, for all handguns. NRA was involved.’’ Mr. VanDyke will- 3. Considering current Montana firearm c. ll Yes, for some firearms. Please speci- ingly offered these views when he was laws, would you support any additional re- fy which firearms:

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.006 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6984 CONGRESSIONAL RECORD — SENATE December 11, 2019 d. X No, I oppose state registration of fire- a. llYes, I would sponsor/cosponsor this concealed handgun permit recognized by the arms. legislation. state, who do you believe should legally be 8. Would you support the state licensing* b. X Yes, I would support this legislation. allowed to carry a concealed handgun on of law-abiding citizens who own, possess and c. ll No, I would oppose this legislation. state college and university campuses? use firearms? Please explain: a. X All law-abiding persons, including *Licensing, as used here, refers to state 12. Current Montana law (MCA § 45–8–328) visitors, faculty, staff and students. legislation requiring firearm owners to ob- lists certain ‘‘prohibited places,’’ including b. ll Visitors, faculty, staff and some stu- tain a license from a government official or banks, government office buildings and es- dents. Please explain: agency to own and possess a firearm. As a tablishments where alcoholic beverages are c. ll Faculty, staff and students. rule, firearm owner licensing laws generally served, where concealed weapon permit hold- d. ll Visitors, faculty and staff. require fingerprinting, photographing, and/or ers (and law enforcement officers) may not e. ll Faculty and staff. f. ll Each college or university should de- a background investigation of the applicant. carry a concealed firearm. This puts law- termine the policy for its campus. Note: this is different from acquiring a ‘‘per- abiding citizens at a disadvantage because, g. ll No one should be allowed to carry a although they could carry ‘‘openly’’ in these mit to carry’’ a concealed weapon from the concealed handgun on state college and uni- locations, criminals will obviously ignore state. versity campuses. a. ll Yes, for owners of all firearms. the law and carry concealed. Would you sup- 16. The residents of 39 states can legally b. ll Yes, for owners of all handguns. port legislation to repeal the restrictions on own firearm suppressors. Contrary to Holly- c. ll Yes, for owners of some firearms. where law-abiding citizens may carry a con- wood portrayals, suppressors are virtually Please specify which firearms: cealed weapon (see 2013 Montana House Bill d. X No, I oppose state registration of fire- never used in crime or poaching and criminal 358)? misuse carries severe penalties. Suppressors arm owners. a. X Yes, I would sponsor/cosponsor this 9. Federal law requires all federally-li- can improve shooting accuracy, protect legislation. against hearing loss, reduce noise complaints censed firearms dealers to conduct a crimi- b. X Yes, I would support this legislation. from the public and make shooting and hunt- nal records check prior to the sale of any c. ll No, I would oppose this legislation. ing more enjoyable. The current prohibition firearm, whether the sale occurs at their re- Please explain: tail store or at a gun show. Access to the 13. Current Montana law allows law-abid- on hunting suppressor use, in effect, requires FBI-run telephone-based ‘‘instant check’’ ing citizens to carry a concealed weapon for firearms to be as loud as they can possibly system is limited to licensed dealers only. defense of themselves and others, free from be, contrary to the manner in which vir- Under federal law, individuals who only oc- government interference, anywhere outside tually all other noise-emitting objects are casionally sell firearms from their personal the official boundaries of any city or town. treated. Suppressors are strictly regulated collections are not ‘‘engaged in the business’’ In order to cross into a city or town and still under federal law. Individual purchasers of selling firearms, and are therefore (1) not be in compliance with Montana law, how- must pay a $200 federal tax; submit to an ex- required to be licensed; (2) not required to ever, a law-abiding citizen must have a valid tensive background check that includes fin- conduct records checks prior to transferring concealed weapon permit. Would you support gerprints and photographs; and obtain the firearms; and (3) not permitted to access the state legislation to remove the requirement approval of the chief law enforcement officer records check system used by licensed deal- that law-abiding citizens obtain govern- in their jurisdiction. Would you support leg- ers. Although less than 1% of guns used in mental permission in order to provide a islation that allows the use of suppressors crimes are purchased at gun shows (Depart- means of self-protection when they cross while hunting and allow law-abiding Mon- ment of Justice, Bureau of Statistics), gun into the boundaries of cities and towns in tana sportsmen the freedom to protect control advocates are trying to ban firearms Montana (see 2013 Montana House Bill 304)? against hearing loss, improve accuracy and sales at gun shows by occasional sellers and a. X Yes, I would sponsor/cosponsor this reduce noise complaints? a. X Yes, I would sponsor/cosponsor this private collectors, or require that any trans- legislation. actions involving their legal property be b. X Yes, I would support this legislation. legislation. b. X Yes, I would support this legislation. c. ll No, I would oppose this legislation. conducted through a licensed dealer. Would c. ll No, I would oppose this legislation. Please explain: you support legislation restricting firearms Please explain: sales by occasional sellers and private collec- 14. Under the National Firearms Act 17. Many states provide civil liability pro- tors at gun shows? (NFA), an individual wanting to acquire an tection to private property owners who allow a.ll Yes, I would support such legisla- NFA-regulated item, such as a firearm sound the public to hunt on their property. Shield- tion. Please explain: suppressor or fully automatic firearm, must ing property owners from frivolous lawsuits b. X No, I would oppose such legislation. submit the proper paperwork and finger- eliminates a significant concern for property 10. In the United States, the number of pri- prints to the Bureau of Alcohol, Tobacco, owners and encourages them to open their vately owned guns has risen by more than 10 Firearms and Explosives (BATFE), pay a $200 land to hunting. This enhances public hunt- million annually to an all-time high. Mean- tax and have a chief local law enforcement ing opportunities and assists the state in ef- while, according to the National Center for officer (CLEO) sign-off on the proper forms. fectively managing its wildlife populations. Health Statistics, firearm accident deaths Some CLEOs simply refuse to sign such Would you support passing or strengthening have decreased by 90 percent over the last forms, even for otherwise qualified appli- liability protections for private landowners century. This trend is due in part to an in- cants, because they oppose civilian posses- who allow hunting on their property? creasing use of NRA firearm safety training sion of these items, are fearful of liability or a. X Yes, I would sponsor/cosponsor this programs by tens of thousands of RA Cer- the perceptions of anti-gun constituents, or legislation. tified Instructors, schools, civic groups and for other subjective reasons. Legally owned b. X Yes, I would support this legislation. law enforcement agencies. Nevertheless, sev- NFA items are very rarely used in crime, c. ll No, I would oppose this legislation. eral states have recently considered legisla- with the total number of cases documented Please explain: tion that would mandate the placement of numbering in the single digits. This legisla- 18. Youth/mentored hunting programs have locking devices on firearms kept in the tion would also include an immunity provi- been implemented in 29 states to help pro- home. These devices greatly restrict access sion for CLEOs. Would you support state leg- mote our hunting heritage by removing bar- to firearms for self-defense purposes and po- islation that would make this process more riers to participation. This enormous case tentially increase the risk of accidental dis- objective by requiring CLEOs to sign such study has proven safe beyond anyone’s ex- charge of a firearm. Would you support legis- forms if the applicant is not otherwise pro- pectations. Mentored hunting allows novice lation that would mandate the use of locking hibited from obtaining an NFA item? hunters—young and old—to hunt prior to devices or other locking procedures for fire- a. X Yes, I would sponsor/cosponsor this completing hunter education requirements if arms stored in the home? legislation. they hunt under the close supervision of a li- a. llYes, I would support such legisla- b. X Yes, I would support this legislation. censed, adult hunter who meets hunter edu- tion. Please explain: c. ll No, I would oppose this legislation. cation requirements. This is the ‘‘try it be- b. X No, I would oppose such legislation. Please explain: fore you buy it’’ concept. These programs 11. Recently, some employers have ex- 15. Many public colleges and universities also dramatically reduce or eliminate min- tended their ‘‘gun-free’’ workplace rules to allow visitors with concealed handgun per- imum hunter ages. Would you support a employees’ locked private vehicles in park- mits to carry concealed firearms on their youth/mentored hunting law to help promote ing lots. Such policies effectively disarm campuses, yet nearly all state-funded higher Montana’s hunting heritage? law-abiding citizens, including concealed learning institutions ban faculty, staff and a. X Yes, I would sponsor/cosponsor a weapon license holders, from the time they students from carrying concealed handguns youth/mentored hunting law. leave their house in the morning to their re- on campus—even if they have permits to b. X Yes, I would support implementing a turn home in the evening. Would you support carry concealed firearms. The NRA believes youth/mentored hunting law. ‘‘Employee Protection’’ legislation that a person with a permit to carry a concealed c. ll No, I oppose implementing a would allow law abiding citizens to keep law- firearm should be able to carry that firearm mentored hunting law. Montanans will prove fully transported firearms locked in their concealed anywhere he or she has a legal to be the exception to the rule of extraor- personal vehicles while parked on publicly right to be, except in certain ‘‘sterile’’ high- dinary safety established by the citizens of accessible, privately owned parking lots (see security locations. Assuming each classifica- the 29 states that have implemented this 2013 Montana House Bill 571)? tion of individuals listed below possessed a program.

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.016 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6985 d. l Other. Please explain: Mr. VanDyke is a highly educated lawyer through a variety of means, including 19. For which of the following reasons do with nearly 14 years of experience in appel- social media campaigns, directing you support firearm ownership for law-abid- late law, including one year as a law clerk, disinformation operations, or con- ing Montana citizens (please mark any and an associate in a law firm, and as a Solicitor ducting disruptive or destructive all that apply)? General for over five-plus years, first in Mon- a. X Constitutional Right. tana and then Nevada, two states in the cyberattacks on state and local infra- b. X Hunting. Ninth Circuit where he would serve if con- structure.’’ c. X Competitive shooting. firmed. The Committee was tasked with bal- The Senate endorsed the inclusion of d. X Informal sport shooting (e.g., ancing Mr. VanDyke’s accomplishments with this bill in this year’s National Defense plinking). strong evidence that supports a ‘‘Not Quali- Authorization Act, unanimously pass- e. X Defense of self, family, and home fied’’ rating. ing a resolution in the fall instructing (basic human right). Mr. VanDyke’s accomplishments are offset NDAA conferees to include such a pro- f. X Collecting. by the assessments of interviewees that Mr. vision in the conference report. How- g. X Defense of state and nation. VanDyke is arrogant, lazy, an ideologue, and h. X All of the above. lacking in knowledge of the day-to-day prac- ever, the Republican leadership has i. ll None of the above. tice including procedural rules. There was a stonewalled the inclusion of this bill in 20. Have you ever run for or held state or theme that the nominee lacks humility, has the NDAA. Instead, we are voting this local elective office? an ‘‘entitlement’’ temperament, does not week on two Ninth Circuit judicial a. ll Yes. Please specify: have an open mind, and does not always have nominees of dubious qualifications, in- b. X No. a commitment to being candid and truthful. cluding one who was rated ‘‘Unquali- 21. Are you a member of the National Rifle Some interviewees raised concerns about fied’’ by the American Bar Association, Association, the Montana Shooting Sports whether Mr. VanDyke would be fair to per- ABA. Association, the Montana Rifle & Pistol As- sons who are gay, lesbian, or otherwise part sociation or any other shooting/sportsmen’s/ of the LGBTQ community. Mr. VanDyke Circuit courts play an important role gun rights organization? would not say affirmatively that he would be in our country. Circuit court judges re- a. llYes. Please specify: fair to any litigant before him, notably view the decisions of district court b. X No. members of the LGBTQ community. judges. Instead of nominating experi- I have previously been a member of the Even though Mr. VanDyke is clearly enced jurists, Republicans have chosen NRA, but am not currently a member. I smart, comments were made that in some to advance two nominees, Messrs. don’t want to risk recusal if a lawsuit came oral arguments he missed issues funda- Bumatay and VanDyke, neither of before me where the NRA was involved. mental to the analysis of the case. There whom have absolutely any experience —Please see the information from the were reports that his preparation and per- email sent to Brian Judy on Sept. 16, 2014. formance were lacking in some cases in as judges, at the Sate or Federal level. —Please also see the attached article from which he did not have a particular personal Mr. VanDyke was harshly described by the Great Falls Tribune dated 9/18/14. The or political interest. his peers and colleagues as someone emails referenced in the article, which are While the evaluator was careful in her who is ‘‘arrogant and disrespectful to available at the website, are very illu- interview with Mr. VanDyke not to name others, both in and outside of this of- minating regarding my defense of the 2nd interviewees, the nature of the issues that fice. He avoids work. He does not have Amendment while serving as Montana’s So- gave rise to some of the negative comments the skills to perform, nor desire to licitor General. See especially page 93. had been publicly discussed and other ad- learn how to perform, the work of a Candidate Signature: Lawrence VanDyke verse comments could be raised without Date: 9/18/14 identifying interviewees. The negative issues lawyer.’’ This harsh criticism of a judi- discussed in this letter were thoroughly dis- cial nominee from their peers is ex- AMERICAN BAR ASSOCIATION, cussed with interviewees and vetted with the tremely rare and factored in heavily October 29, 2019. nominee. Significantly, the interviewees’ into the ABA’s ‘‘Unqualified’’ rating. Re Nomination of Lawrence J.C. VanDyke to views, negative or positive, appeared strong- Instead of trying to confirm unquali- the United States Court of Appeals for ly held on this nominee. fied radical ideologues to the bench, the Ninth Circuit. The Committee’s work is guided by the Republicans should be working across Backgrounder which reflects that judgment Hon. LINDSEY GRAHAM, the aisle to pass bipartisan legislation Chairman, Committee on the Judiciary, is a component of professional competence, to secure our elections and address U.S. Senate, Washington, DC. and that open-mindedness, courtesy, pa- tience, freedom from bias, and commitment other national priorities. Failing to do Hon. DIANNE FEINSTEIN, so is a dereliction of our duty. Ranking Member, Committee on the Judiciary, to equal justice under law are components of U.S. Senate, Washington, DC. judicial temperament. Based on these prin- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE CALENDAR DEAR CHAIRMAN GRAHAM AND RANKING ciples, a substantial majority of the Com- MEMBER FEINSTEIN: The American Bar Asso- mittee determined that the nominee is ‘‘Not Mr. BARRASSO. Mr. President, I ask ciation’s Standing Committee on the Federal Qualified’’ to be a Ninth Circuit judge. unanimous consent that the rollcall Judiciary has received a full report on Law- Very truly yours, vote scheduled to begin at 4:15 begin at rence J.C. VanDyke and a supplemental re- WILLIAM C. HUBBARD. 4:05 p.m., immediately. view by a former chair of the Committee. Mr. VAN HOLLEN. Mr. President, The PRESIDING OFFICER. Without The Committee’s work is based solely on a yesterday, I went to the Senate floor to objection, it is so ordered. review of integrity, professional competence, ask unanimous consent on the DETER VOTE ON VANDYKE NOMINATION and judicial temperament. Based on these Act, bipartisan legislation that I au- criteria, a substantial majority of the Com- The PRESIDING OFFICER. The thored alongside Senator RUBIO that is mittee has determined that Mr. VanDyke is question is, Will the Senate advise and ‘‘Not Qualified,’’ and a minority determined languishing in the Senate legislative consent to the VanDyke nomination? that he is ‘‘Qualified’’ to serve on the United graveyard. Mr. BARRASSO. Mr. President, I ask States Court of Appeals for the Ninth Cir- The DETER Act is absolutely critical for the yeas and nays. cuit. The majority rating represents the to protect our democracy from foreign The PRESIDING OFFICER. Is there a Standing Committee’s official rating. I write interference. It serves a clear, simple, sufficient second? to offer a brief explanation of this rating. and essential purpose. It says to Russia There appears to be a sufficient sec- The evaluator’s Formal Report is based on and any other foreign power that, if ond. 60 interviews with a representative cross sec- they interfere in our elections and un- tion of lawyers (43), judges (16), and one The clerk will call the roll. other person who have worked with the dermine the integrity of our democ- The senior assistant bill clerk called nominee in the four states where he has racy, they will face severe con- the roll. worked and who are in a position to assess sequences in the form of tough sanc- Mr. THUNE. The following Senator is his professional qualifications. They include tions. Foreign interference in our elec- necessarily absent: the Senator from but are not limited to attorneys who worked tions remains as critical a threat as Kentucky (Mr. PAUL). with him and who opposed him in cases and ever. That is why, on November 5, Mr. DURBIN. I announce that the judges before whom he has appeared at oral seven U.S. Federal agencies jointly Senator from Colorado (Mr. BENNET), argument. The evaluator obtained detailed stated, ‘‘Russia, China, Iran, and other the Senator from New Jersey (Mr. background materials such as more than 600 pages of publicly produced emails involving foreign malicious actors all will seek BOOKER), the Senator from Vermont and/or written by Mr. VanDyke, news reports to interfere in the voting process or in- (Mr. SANDERS), and the Senator from where Mr. VanDyke had been interviewed, fluence voter perceptions. Adversaries Massahusetts (Ms. WARREN) are nec- and articles and opinions written about him. may try to accomplish their goals essarily absent.

VerDate Sep 11 2014 06:00 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.017 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6986 CONGRESSIONAL RECORD — SENATE December 11, 2019 The ACTING PRESIDENT pro tem- The yeas and nays are mandatory they rely on the FDA to keep them pore. Are there any other Senators in under the rule. safe and healthy. the Chamber desiring to vote? The clerk will call the roll. There is a lot at stake for our fami- The result was announced—yeas 51, The senior assistant legislative clerk lies, and it is critical that we know the nays 44, as follows: called the roll. FDA’s leadership will uphold its gold [Rollcall Vote No. 391 Ex.] Mr. THUNE. The following Senators standard of safety and effectiveness YEAS—51 are necessarily absent: the Senator and put people’s health and well-being Alexander Fischer Perdue from North Carolina (Mr. BURR) and first. I am not convinced that is the Barrasso Gardner Portman the Senator from Kentucky (Mr. PAUL). case under Hahn’s leadership. Blackburn Graham Risch Mr. DURBIN. I announce that the I have reviewed his records and care- Blunt Grassley Roberts fully considered his answers on key Boozman Hawley Romney Senator from Colorado (Mr. BENNET), Braun Hoeven Rounds the Senator from New Jersey (Mr. issues. I want the Senate to know I was Burr Hyde-Smith Rubio BOOKER), the Senator from Vermont particularly concerned by his evasive Capito Inhofe Sasse (Mr. SANDERS), and the Senator from response when it came to how to ad- Cassidy Isakson Scott (FL) Cornyn Johnson Scott (SC) Massachusetts (Ms. WARREN) are nec- dress skyrocketing youth e-cigarette Cotton Kennedy Shelby essarily absent. use. Just a few months ago, the Trump Cramer Lankford Sullivan The PRESIDING OFFICER (Mr. administration promised it would take Crapo Lee Thune RAMER action and pull non-tobacco-flavored e- Cruz McConnell Tillis C ). Are there any other Senators Daines McSally Toomey in the Chamber desiring to vote? cigarette products from the market Enzi Moran Wicker The yeas and nays resulted — yeas 69, until after the FDA had reviewed them, Ernst Murkowski Young nays 25, as follows: only to reverse its course. NAYS—44 [Rollcall Vote No. 392 Ex.] We need a leader at the FDA who will Baldwin Hassan Reed YEAS—69 fight for our families and stand up to Blumenthal Heinrich Rosen this administration on this important Alexander Gardner Murphy Brown Hirono Schatz Barrasso Graham Perdue policy. When Members from both sides Cantwell Jones Schumer Blackburn Grassley Portman Cardin Kaine of the aisle asked him about this, he Shaheen Blunt Hassan Risch Carper King refused to commit to follow through on Sinema Boozman Hawley Roberts Casey Klobuchar Smith Braun Hoeven Romney the promising step President Trump Collins Leahy Stabenow Capito Hyde-Smith Rosen decided to abandon. So given his an- Coons Manchin Tester Cardin Inhofe Rounds Cortez Masto Markey swers—or lack thereof, really—on this Udall Carper Isakson Rubio Duckworth Menendez concerning issue, I am voting no on Van Hollen Cassidy Johnson Sasse Durbin Merkley Collins Jones Scott (FL) this confirmation. Feinstein Murphy Warner Coons Kaine Scott (SC) The PRESIDING OFFICER. The Sen- Gillibrand Murray Whitehouse Cornyn Kennedy Shaheen Harris Peters Wyden ator from Tennessee. Cortez Masto King Shelby Mr. ALEXANDER. We have a va- NOT VOTING—5 Cotton Lankford Sinema Cramer Leahy Sullivan cancy at the Food and Drug Adminis- Bennet Paul Warren Crapo Lee Tester tration. So what if someone said: Booker Sanders Cruz Manchin Thune Wouldn’t it be a good idea to go see if The nomination was confirmed. Daines McConnell Tillis we can recruit the chief medical officer The ACTING PRESIDENT pro tem- Enzi McSally Toomey Ernst Merkley Van Hollen at the MD Anderson Cancer Center in pore. Under the previous order, the mo- Feinstein Moran Wicker Houston, one of the most distinguished tion to reconsider is considered made Fischer Murkowski Young institutions in the world, an organiza- and laid upon the table, and the Presi- NAYS—25 tion that is even larger than the FDA? dent will be immediately notified of Wouldn’t it be a good idea to go get a the Senate’s action. Baldwin Heinrich Schumer Blumenthal Hirono Smith practicing oncologist? Wouldn’t it be a f Brown Klobuchar Stabenow good idea to get somebody who has Cantwell Markey Udall worked at the National Institutes of CLOTURE MOTION Casey Menendez Warner Duckworth Murray Whitehouse Health and who has letters of rec- The ACTING PRESIDENT pro tem- Durbin Peters pore. Pursuant to rule XXII, the Chair Wyden ommendation from more than 80 orga- Gillibrand Reed nizations? Wouldn’t it be a good idea to lays before the Senate the pending clo- Harris Schatz get someone who has been rec- ture motion, which the clerk will state. NOT VOTING—6 The senior assistant legislative clerk ommended and endorsed by the last Bennet Burr Sanders read as follows: five FDA Commissioners, under Presi- Booker Paul Warren dents Trump, Obama, and Bush? CLOTURE MOTION The PRESIDING OFFICER. On this Well, we have such a person. That We, the undersigned Senators, in accord- vote, the yeas are 69, the nays are 25. ance with the provisions of rule XXII of the person came out of our committee 18 to Standing Rules of the Senate, do hereby The motion is agreed to. 5—Dr. Stephen Hahn, the Chief Medical move to bring to a close debate on the nomi- The Senator from Tennessee. Officer of the MD Anderson Cancer nation of John Joseph Sullivan, of Maryland, Mr. ALEXANDER. Mr. President, I Center. We should be grateful he is to be Ambassador Extraordinary and Pleni- ask unanimous consent that there be 2 willing to take this job at this period potentiary of the United States of America minutes of debate equally divided be- of time. to the Russian Federation. tween the Senator from Washington I urge a ‘‘yes’’ vote, Mr. President. Mitch McConnell, Thom Tillis, Richard and myself and that there be 2 minutes f Burr, Pat Roberts, John Cornyn, John of debate equally divided between the Hoeven, Cindy Hyde-Smith, Roger F. two leaders prior to the following vote. CLOTURE MOTION Wicker, Marco Rubio, John Boozman, The PRESIDING OFFICER. Pursuant James E. Risch, John Barrasso, John I further ask that the remaining votes Thune, Roy Blunt, Lamar Alexander, in this series be 10 minutes each. to rule XXII, the Chair lays before the Mike Braun, Shelley Moore Capito. The PRESIDING OFFICER. Without Senate the pending cloture motion, The ACTING PRESIDENT pro tem- objection, it is so ordered. which the clerk will state. The senior assistant legislative clerk pore. By unanimous consent, the man- The Senator from Washington. read as follows: datory quorum call has been waived. NOMINATION OF STEPHEN HAHN The question is, Is it the sense of the Mrs. MURRAY. Mr. President, the CLOTURE MOTION Senate that debate on the nomination Food and Drug Administration plays We, the undersigned Senators, in accord- of John Joseph Sullivan, of Maryland, an important part in our families’ ev- ance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby to be Ambassador Extraordinary and eryday lives. When people across the move to bring to a close debate on the nomi- Plenipotentiary of the United States of country do anything from using a med- nation of Stephen Hahn, of Texas, to be Com- America to the Russian Federation, ical device, to getting a prescription missioner of Food and Drugs, Department of shall be brought to a close? filled, to sitting down together to eat, Health and Human Services.

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.009 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6987 Mitch McConnell, Thom Tillis, Richard leagues to join me in voting no on the Mitch McConnell, Thom Tillis, Richard Burr, Pat Roberts, John Cornyn, John cloture of the nomination of Aurelia Burr, Pat Roberts, John Cornyn, John Hoeven, Cindy Hyde-Smith, Roger F. Skipwith to serve as Director of the Hoeven, Cindy Hyde-Smith, Roger F. Wicker, James Lankford, John Booz- U.S. Fish and Wildlife Service. Wicker, Marco Rubio, John Boozman, man, James E. Risch, John Barrasso, James E. Risch, John Barrasso, John John Thune, Roy Blunt, Lamar Alex- To my disappointment and dismay, Thune, Roy Blunt, Lamar Alexander, ander, Mike Braun, Shelley Moore Cap- Ms. Skipwith has not provided infor- Mike Braun, Shelley Moore Capito. mation pertaining to her activities at ito. The PRESIDING OFFICER. By unan- the Interior Department that was re- The PRESIDING OFFICER. By unan- imous consent, the mandatory quorum quested by Senate Democrats during imous consent, the mandatory quorum call has been waived. her nomination process. Despite my re- call has been waived. The question is, Is it the sense of the peated requests for this information The question is, Is it the sense of the Senate that debate on the nomination since August—requests made twice in Senate that debate on the nomination of Aurelia Skipwith, of Indiana, to be writing and twice in person during her of Stephen Hahn, of Texas, shall be Director of the United States Fish and nomination process—Ms. Skipwith has brought to a close? Wildlife Service, shall be brought to a refused to produce information that is The yeas and nays are mandatory close? under the rule. routinely provided by other nominees. The yeas and nays are mandatory The clerk will call the roll. She even suggested—get this—that I under the rule. The legislative clerk called the roll. file a Freedom of Information Act re- The clerk will call the roll. Mr. THUNE. The following Senators quest for the basic information I seek. The bill clerk called the roll. are necessarily absent: the Senator I worry, once confirmed, Ms. Mr. THUNE. The following Senators from North Carolina (Mr. BURR), the Skipwith’s forthrightness will only are necessarily absent: the Senator Senator from Georgia (Mr. ISAKSON), worsen, which will severely impair our from North Carolina (Mr. BURR), the and the Senator from Kentucky (Mr. ability to conduct meaningful over- Senator from Georgia (Mr. ISAKSON), PAUL). sight over the U.S. Fish and Wildlife and the Senator from Kentucky (Mr. Mr. DURBIN. I announce that the Service. PAUL). Senator from Colorado (Mr. BENNET), Ms. Skipwith’s lack of candor has Mr. DURBIN. I announce that the the Senator from New Jersey (Mr. elevated questions that already existed Senator from New Jersey (Mr. Booker), BOOKER), the Senator from Vermont about her qualifications, her commit- the Senator from Vermont (Mr. Sand- (Mr. SANDERS), and the Senator from ment to environmental conservation, ers), and the Senator from Massachu- Massachusetts (Ms. WARREN) are nec- and whether she can ethically lead the setts (Ms. Warren) are necessarily ab- essarily absent. U.S. Fish and Wildlife Service. I be- sent. The PRESIDING OFFICER. Are there lieve it is irresponsible to confirm a The PRESIDING OFFICER. Are there any other Senators in the Chamber de- nominee given these serious out- any other Senators in the Chamber de- siring to vote? standing issues. I urge my colleagues The result was announced—yeas 74, siring to vote? to join me in voting no on cloture. The result was announced—yeas 53, nays 19, as follows: I thank the Presiding Officer. nays 41, as follows: [Rollcall Vote No. 393 Ex.] The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 394 Ex.] YEAS—74 ator from Wyoming. YEAS—53 Alexander Feinstein Portman Mr. BARRASSO. Mr. President, the Baldwin Fischer Risch Senate is considering the nomination Alexander Gardner Portman Barrasso Gardner Roberts of Aurelia Skipwith to be Director of Barrasso Graham Risch Blackburn Blackburn Grassley Roberts Graham Romney the U.S. Fish and Wildlife Service. Blunt Grassley Rosen Blunt Hawley Romney Boozman Hawley Rounds The agency needs Senate-confirmed Boozman Hoeven Rounds Braun Hyde-Smith Braun Hoeven Rubio leadership in place, and Ms. Skipwith Rubio Capito Inhofe Brown Hyde-Smith Sasse Sasse is well qualified to serve as the Direc- Cassidy Johnson Capito Inhofe Scott (FL) Scott (FL) tor. She has a degree in biology from Collins Jones Cardin Johnson Scott (SC) Scott (SC) Carper Jones Cornyn Kennedy Shaheen Howard University, a degree in molec- Shelby Casey Kaine Cotton Lankford Shelby ular genetics from Purdue University, Sinema Cassidy Kennedy Cramer Lee Sinema Sullivan Collins King and a law degree from the University of Crapo Manchin Thune Coons Lankford Sullivan Kentucky. For almost 3 years, Ms. Cruz McConnell Cornyn Lee Tester Skipwith has served as the Department Daines McSally Tillis Thune Toomey Cortez Masto Manchin of the Interior’s Deputy Assistant Sec- Enzi Moran Cotton McConnell Tillis Ernst Murkowski Wicker Cramer McSally Toomey retary for Fish, Wildlife and Parks. Fischer Perdue Young Van Hollen At her nomination hearing, Ms. Crapo Menendez NAYS—41 Cruz Moran Warner Skipwith was introduced by Demo- Daines Murkowski Whitehouse Baldwin Harris Reed cratic Congressman WILLIAM LACY Durbin Murphy Wicker Bennet Hassan Rosen Enzi Perdue Wyden CLAY, of Missouri. He said Ms. Blumenthal Heinrich Schatz Ernst Peters Young Skipwith was ‘‘one of the most tal- Brown Hirono Schumer Cantwell Kaine NAYS—19 ented, hardest working and driven per- Shaheen Cardin King Smith Blumenthal Hirono Schatz sons that I have ever known.’’ Carper Klobuchar I encourage every Senator to support Stabenow Cantwell Klobuchar Schumer Casey Leahy Tester Coons Markey Duckworth Leahy Smith her nomination. Udall Gillibrand Markey Cortez Masto Menendez Stabenow I yield the floor. Van Hollen Harris Merkley Duckworth Merkley Udall Warner Hassan Murray f Durbin Murphy Whitehouse Heinrich Reed Feinstein Murray CLOTURE MOTION Gillibrand Peters Wyden NOT VOTING—7 The PRESIDING OFFICER. Pursuant NOT VOTING—6 Bennet Isakson Warren to rule XXII, the Chair lays before the Booker Paul Booker Isakson Sanders Burr Sanders Senate the pending cloture motion, Burr Paul Warren which the clerk will state. The PRESIDING OFFICER. On this The legislative clerk read as follows: The PRESIDING OFFICER. On this vote, the yeas are 74, the nays are 19. vote, the yeas are 53 and the nays are CLOTURE MOTION The motion is agreed to. 41. There is 2 minutes of debate on both We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the The motion is agreed to. sides before the next vote. f The Senator from Delaware. Standing Rules of the Senate, do hereby move to bring to a close debate on the nomi- EXECUTIVE CALENDAR NOMINATION OF AURELIA SKIPWITH nation of Aurelia Skipwith, of Indiana, to be Mr. CARPER. Mr. President, I take Director of the United States Fish and Wild- The PRESIDING OFFICER. The no joy today in rising to urge my col- life Service. clerk will report the nomination.

VerDate Sep 11 2014 06:00 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.049 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6988 CONGRESSIONAL RECORD — SENATE December 11, 2019 The legislative clerk read the nomi- mighty, and my belief in the people of Geor- the Army, Financial Management and nation of Aurelia Skipwith, of Indiana, gia. Comptroller. Sergeant Major Gondek is to be Director of the United States Mr. President, that is who Senator retiring after 27 years of dedicated Fish and Wildlife Service. ISAKSON is. service to his country and the U.S. The PRESIDING OFFICER. The ma- No matter the obstacles that came Army. jority leader. his way, he has always been a steady A native of Lewiston, ME, Sergeant ORDER OF BUSINESS hand—strengthened by his enduring Major Gondek enlisted as an infantry soldier in July 1992, attending infantry Mr. MCCONNELL. For the informa- faith and deep respect for his constitu- one station unit training at Fort tion of all Senators, the Senate will ents. One of those mountains to climb was working on behalf of our veterans Benning, GA. vote on the confirmation of the Sergeant Major Gondek has served in Skipwith and Sullivan nominations at to improve conditions at the VA and end the backlog that was building for a broad range of assignments during 11:45 a.m. tomorrow, as well as the con- his Army career at all levels of com- firmation of the Hahn nomination at years. Under his leadership on the Vet- erans’ Affairs Committee, I was proud mand. Starting as a rifleman with the 1:45 p.m. 509th Parachute Infantry Regiment at The PRESIDING OFFICER. Duly to work with him to pass the CHIP-In for Vets Act into law in 2016. The bill Fort Polk, LA, Sergeant Major Gondek noted. led soldiers as a team leader, platoon Mr. MCCONNELL. Mr. President, I allows local communities to take the lead on new projects by permitting the sergeant, first sergeant, and operations ask unanimous consent that if any of sergeant major across the Army. His the nominations listed are confirmed, VA to accept private contributions to ensure VA projects are finished both on highest level of leadership was as a bat- the motions to reconsider be consid- talion command sergeant major of the ered made and laid upon the table and time and on budget. His support of this bill meant that Nebraskans have the 2nd Battalion, 27th Infantry Regiment, the President be immediately notified 25th Infantry Division at Schofield of the Senate’s action. opportunity to save millions of dollars when constructing the new Omaha VA Barracks, HI. He has also instructed at The PRESIDING OFFICER. Without the Army’s Jumpmaster School and objection, it is so ordered. Ambulatory Clinic. A GAO report indi- cates that our new facility is now $34 provided coaching to rotational units f at the Army’s Joint Multinational million under budget and 41⁄2 months Readiness Center in Hohenfels, Ger- LEGISLATIVE SESSION ahead of schedule. I know generations many. Sergeant Major Gondek has of Nebraskans will be grateful for his served forward deployed to both Iraq help in getting this bill across the fin- MORNING BUSINESS and Afghanistan. ish line. In 2017, Sergeant Major Gondek On a more personal note, one of my Mr. MCCONNELL. Mr. President, I began his tenure with the U.S. Senate, fondest memories of JOHNNY was our ask unanimous consent that the Sen- first as a Defense fellow and next in his ate proceed to legislative session and trip to Normandy, France, this year to subsequent assignment as a congres- be in a period of morning business, commemorate the 75th anniversary of sional budget liaison for the U.S. with Senators permitted to speak D-Day. As a veteran himself, everyone Army. Sergeant Major Gondek worked therein for up to 10 minutes each. in this body understood the abounding tirelessly with Members of Congress The PRESIDING OFFICER. Without respect and gratitude he carried for our and their staffs to accurately articu- objection, it is so ordered. Nation’s servicemembers as he led the late the Army’s budget positions to the f delegation—the same respect and grati- Appropriations Committees. His profes- tude he shows to our veterans everyday TRIBUTE TO JOHNNY ISAKSON sionalism, diligence, and commitment as he leads the Senate in providing re- to the mission are unmatched, and his Mrs. FISCHER. Mr. President, I rise sources to meet our veterans’ needs. work both as a fellow and as a liaison today with my colleagues to honor my Mr. President, I think if there is any very effectively represented the U.S. friend, the senior Senator from Geor- moment that foreshadowed JOHNNY’s Army and the Department of Defense gia. At the end of this year, Senator service to Georgia and our Nation, it to the U.S. Congress. ISAKSON will retire after 20 years of was his speech immediately after being The foundation of Derek’s military service to the people of Georgia in sworn in to the House of Representa- success is his family. He is a devoted Washington. tives. He turned to his new colleagues husband to his wife Maura and com- After protecting our Nation in the and said, ‘‘I hope, in years to come, I’ll mitted father to his daughters, Winnie, Georgia Air National Guard, grad- be a respected friend, and one who Ellie, and Zoey. Maura, Winne, Ellie uating from the University of Georgia, joined with you to make a difference in and Zoey provide the foundation for and serving as a representative in his the United States of America.’’ What a Derek’s service. Their attitude of serv- State legislature, the door opened for a respected friend he has become. What a ice, sacrifice, and care for others per- son from Atlanta to run for Congress. difference he has made. It has been a meates every organization and activity Georgia saw in him then what we see in honorable journey, and it ends with us they participate in. The Gondek family him now: a principled leader, a skillful confirming that the legacy he has is truly an example of servant leader- communicator, and a man worth trust- worked hard to achieve from the very ship in the Army and the communities ing. It is no surprise that the people of beginning has now come true in the they engage. Georgia have renewed their trust in end. Throughout his career, Sergeant him time and time again. And I know JOHNNY, you are a great leader, a Major Gondek has positively impacted I speak for my colleagues when I say careful listener, and a gifted legislator. soldiers, peers, and superiors. Our that we are grateful they did. It has been a privilege to work with country has benefited tremendously After six years representing Geor- you and call you friend. You have from his extraordinary leadership, gia’s Sixth Congressional District, the served the State of Georgia and our judgment, and passion. I join my col- Senate gained a true statesman when country well. I wish you and Diane all leagues today in honoring his dedica- he entered in 2005. When I was pre- the best on this next chapter in your tion to our Nation and invaluable serv- paring for these remarks, I came across lives. Godspeed. ice to the U.S. Congress as an Army one of his Senate reelection speeches. I f congressional liaison. thought it was particularly revealing It has been a genuine pleasure to TRIBUTE TO SERGEANT MAJOR have worked with SGM Derek Gondek to his character and how he carries DEREK GONDEK himself in the Senate. He told the over the last 3 years. On behalf of a crowd that was cheering him on: Ms. ERNST. Mr. President, today I grateful nation, I join my colleagues rise to pay tribute to SGM Derek I promise you I am ready . . . I am ready today in recognizing and commending to tackle whatever problem life brings to us Gondek for his exemplary dedication to Derek for his service to our country, as Americans. duty and service as an Army congres- and we wish him all the best as he con- With my feet rooted in conservative prin- sional fellow and congressional budget tinues his service in his future endeav- ciples, my belief in God the Father Al- liaison for the Assistant Secretary of ors.

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.055 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6989 ADDITIONAL STATEMENTS MEASURES PLACED ON THE in the Office of the President of the Senate CALENDAR on November 27, 2019; to the Committee on Commerce, Science, and Transportation. TRIBUTE TO BOBI GARRETT The following bill was read the sec- EC–3483. A communication from the Man- ond time, and placed on the calendar: agement and Program Analyst, Federal ∑ Mr. GARDNER. Mr. President, today S. 3009. A bill to provide for a period of Aviation Administration, Department of I rise to recognize a great Coloradan, continuing appropriations in the event of a Transportation, transmitting, pursuant to Bobi Garrett who, after 21 years, is re- lapse in appropriations under the normal ap- law, the report of a rule entitled ‘‘Airworthi- tiring from the National Renewable propriations process, and establish proce- ness Directives; Airbus SAS Airplanes’’ Energy Laboratory—NREL—in Golden, dures and consequences in the event of a fail- ((RIN2120–AA64) (Docket No. FAA–2019–0667)) Colorado. ure to enact appropriations. received during adjournment of the Senate NREL is a crown jewel of research in the Office of the President of the Senate f on November 27, 2019; to the Committee on and development in the energy field, EXECUTIVE AND OTHER Commerce, Science, and Transportation. where its employees show up to work COMMUNICATIONS EC–3484. A communication from the Man- each day dedicated to finding solutions agement and Program Analyst, Federal to the problems that we currently face The following communications were Aviation Administration, Department of not just in Colorado, but the United laid before the Senate, together with Transportation, transmitting, pursuant to States and the world as well. Bobi has accompanying papers, reports, and doc- law, the report of a rule entitled ‘‘Airworthi- been with NREL since 1998, starting as uments, and were referred as indicated: ness Directives; Airbus SAS Airplanes’’ ((RIN2120–AA64) (Docket No. FAA–2019–0611)) the associate director for strategic de- EC–3477. A communication from the Man- received during adjournment of the Senate agement and Program Analyst, Federal velopment and analysis and is cur- in the Office of the President of the Senate Aviation Administration, Department of rently the deputy laboratory director on November 27, 2019; to the Committee on Transportation, transmitting, pursuant to of strategic programs and partnership, Commerce, Science, and Transportation. as well as chief operations officer— law, the report of a rule entitled ‘‘Airworthi- EC–3485. A communication from the Man- ness Directives; Airbus SAS Airplanes’’ COO—of the facility. Bobi’s work is agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2018–0258)) Aviation Administration, Department of vital to the performance and effective- received during adjournment of the Senate ness of NREL, and her extensive exper- Transportation, transmitting, pursuant to in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- tise in the energy field has been instru- on November 27, 2019; to the Committee on ness Directives; Airbus Defense and Space mental in the laboratory’s success. Commerce, Science, and Transportation. S.A. (Formerly Known as Construcciones Bobi started her career in energy and EC–3478. A communication from the Man- Aeronauticas, S.A.) Airplanes’’ ((RIN2120– engineering when she graduated from agement and Program Analyst, Federal AA64) (Docket No. FAA–2019–0869)) received Montana State University in 1976 with Aviation Administration, Department of during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to fice of the President of the Senate on No- a degree in chemical engineering. She law, the report of a rule entitled ‘‘Airworthi- was just one of seven women in her en- vember 27, 2019; to the Committee on Com- ness Directives; Airbus SAS Airplanes’’ merce, Science, and Transportation. gineering class. In addition to her ((RIN2120–AA64) (Docket No. FAA–2019–0400)) EC–3486. A communication from the Man- NREL service, Bobi serves as an am- received during adjournment of the Senate agement and Program Analyst, Federal bassador for Clean Energy Education in the Office of the President of the Senate Aviation Administration, Department of and Empowerment, a program that on November 27, 2019; to the Committee on Transportation, transmitting, pursuant to helps women with careers in energy, Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- and currently as a board member of EC–3479. A communication from the Man- ness Directives; General Electric Company agement and Program Analyst, Federal Turbofan Engines’’ ((RIN2120–AA64) (Docket CO-LABS, an organization dedicated to Aviation Administration, Department of increasing Colorado’s global standing No. FAA–2019–0894)) received during adjourn- Transportation, transmitting, pursuant to ment of the Senate in the Office of the Presi- in research and technology. law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on November 27, 2019; to Bobi has worked tirelessly in her ca- ness Directives; Pratt & Whitney Canada the Committee on Commerce, Science, and reer to ensure that the future is bright- Corp. Turboshaft Engines’’ ((RIN2120–AA64) Transportation. er for generations to come. Her dedica- (Docket No. FAA–2018–0739)) received during EC–3487. A communication from the Man- tion to this effort earned her a spot in adjournment of the Senate in the Office of agement and Program Analyst, Federal Denver Business Journal’s ‘‘Top the President of the Senate on November 27, Aviation Administration, Department of Women in Energy’’ in 2015, a well-de- 2019; to the Committee on Commerce, Transportation, transmitting, pursuant to Science, and Transportation. served honor. We are proud to have law, the report of a rule entitled ‘‘Airworthi- EC–3480. A communication from the Man- ness Directives; The Boeing Company Air- Bobi in the great State of Colorado, agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– and we look forward to her future ef- Aviation Administration, Department of 2019–0323)) received during adjournment of forts to make the world a better Transportation, transmitting, pursuant to the Senate in the Office of the President of place.∑ law, the report of a rule entitled ‘‘Airworthi- the Senate on November 27, 2019; to the Com- ness Directives: Textron Aviation Inc. (Type f mittee on Commerce, Science, and Transpor- Certificate Previously Held by Beechcraft tation. MESSAGE FROM THE HOUSE Corporation)’’ ((RIN2120–AA64) (Docket No. EC–3488. A communication from the Man- At 10:53 a.m., a message from the FAA–2019–0959)) received during adjournment agement and Program Analyst, Federal of the Senate in the Office of the President House of Representatives, delivered by Aviation Administration, Department of of the Senate on November 27, 2019; to the Transportation, transmitting, pursuant to Mrs. Cole, one of its reading clerks, an- Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Amend- nounced that the House has passed the Transportation. ment, Revocation, and Establishment of Air following bill, in which it requests the EC–3481. A communication from the Man- Traffic Service (ATS) Routes; Western concurrence of the Senate. agement and Program Analyst, Federal United States’’ ((RIN2120–AA66) (Docket No. H.R. 5035. An act to amend the Commu- Aviation Administration, Department of FAA–2018–0221)) received during adjournment nications Act of 1934 to extend expiring pro- Transportation, transmitting, pursuant to of the Senate in the Office of the President visions relating to the retransmission of sig- law, the report of a rule entitled ‘‘Airworthi- of the Senate on November 27, 2019; to the nals of television broadcast stations, and for ness Directives; Fokker Services B.V. Air- Committee on Commerce, Science, and other purposes. planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation. 2019–0666)) received during adjournment of EC–3489. A communication from the Man- f the Senate in the Office of the President of agement and Program Analyst, Federal MEASURES REFERRED the Senate on November 27, 2019; to the Com- Aviation Administration, Department of mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to The following bill was read the first tation. law, the report of a rule entitled ‘‘Establish- and the second times by unanimous EC–3482. A communication from the Man- ment and Amendment of Area Navigation consent, and referred as indicated: agement and Program Analyst, Federal (RNAV) Routes; Southeastern United H.R. 5035. An act to amend the Commu- Aviation Administration, Department of States’’ ((RIN2120–AA66) (Docket No. FAA– nications Act of 1934 to extend expiring pro- Transportation, transmitting, pursuant to 2019–0124)) received during adjournment of visions relating to the retransmission of sig- law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of nals of television broadcast stations, and for ness Directives; Airbus SAS Airplanes’’ the Senate on November 27, 2019; to the Com- other purposes; to the Committee on Com- ((RIN2120–AA64) (Docket No. FAA–2019–0483)) mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. received during adjournment of the Senate tation.

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.012 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6990 CONGRESSIONAL RECORD — SENATE December 11, 2019 EC–3490. A communication from the Man- EC–3498. A communication from the Attor- POM–161. A concurrent resolution adopted agement and Program Analyst, Federal ney-Advisor, U.S. Coast Guard, Department by the Legislature of the State of Texas urg- Aviation Administration, Department of of Homeland Security, transmitting, pursu- ing the President of the United States to Transportation, transmitting, pursuant to ant to law, the report of a rule entitled ‘‘Spe- designate a state funeral for the last sur- law, the report of a rule entitled ‘‘Standard cial Local Regulation; Atlantic Ocean, Key viving Medal of Honor recipient from World Instrument Approach Procedures; Miscella- West, FL’’ ((RIN1625–AA08) (Docket No. War II; to the Committee on Homeland Secu- neous Amendments; Amendment No. 3878’’ USCG–2019–0631)) received in the Office of the rity and Governmental Affairs. ((RIN2120–AA65) (Docket No. 31281)) received President of the Senate on December 4, 2019; SENATE CONCURRENT RESOLUTION NO. 59 during adjournment of the Senate in the Of- to the Committee on Commerce, Science, Whereas, World War II lasted from 1939 fice of the President of the Senate on No- and Transportation. until 1945, and the United States entered the vember 27 , 2019; to the Committee on Com- f war in 1941 following the attack on Pearl merce, Science, and Transportation. Harbor; and EC–3491. A communication from the Man- PETITIONS AND MEMORIALS Whereas, Over 16 million Americans served agement and Program Analyst, Federal The following petitions and memo- their country and its allies over the course Aviation Administration, Department of rials were laid before the Senate and of the war; and Transportation, transmitting, pursuant to Whereas, The generation of men and law, the report of a rule entitled ‘‘Standard were referred or ordered to lie on the table as indicated: women who served our country in World War Instrument Approach Procedures; Miscella- II has been called ‘‘the greatest generation’’ neous Amendments; Amendment No. 3877’’ POM–160. A concurrent resolution adopted for their selfless sacrifice; and ((RIN2120–AA65) (Docket No. 31280)) received by the Legislature of the State of Texas urg- Whereas, The Medal of Honor is the high- during adjournment of the Senate in the Of- ing the United States Congress to enact H.R. est military decoration that is awarded by fice of the President of the Senate on No- 613 and S. 164, the TRICARE Reserve and Se- the United States government; and vember 27 , 2019; to the Committee on Com- lect Improvement Act; to the Committee on Whereas, The Medal of Honor is presented merce, Science, and Transportation. Armed Services. by the president of the United States, in the EC–3492. A communication from the Man- HOUSE CONCURRENT RESOLUTION NO. 74 name of Congress; and agement and Program Analyst, Federal Whereas, Men and women with full-time Whereas, The Medal of Honor is only con- Aviation Administration, Department of ferred upon members of the United States Transportation, transmitting, pursuant to careers who are also reservists in the Texas National Guard or another reserve compo- armed forces who distinguish themselves law, the report of a rule entitled ‘‘Amend- through conspicuous gallantry and intre- ment of Class E Airspace; Tomahawk, WI’’ nent of the United States armed forces pro- vide a valuable service to Texas and the na- pidity at the risk of life above and beyond ((RIN2120–AA66) (Docket No. FAA–2019–0651)) the call of duty while engaged in action received during adjournment of the Senate tion; and Whereas, Also providing a valuable service against an enemy of the United States, while in the Office of the President of the Senate engaged in military operations involving on November 27, 2019; to the Committee on to Texas and the nation are men and women who have made the reserves of the armed conflict with an opposing foreign force, or Commerce, Science, and Transportation. while serving with friendly forces engaged in EC–3493. A communication from the Attor- forces of the United States their full-time career; these military technicians provide an armed conflict against an opposing armed ney-Advisor, U.S. Coast Guard, Department force in which the United States is not a bel- of Homeland Security, transmitting, pursu- day-to-day readiness and training in reserve component units and are considered to be ligerent party; and ant to law, the report of a rule entitled Whereas, More than 3,400 Medals of Honor federal employees; and ‘‘Safety Zone; Coast Guard PSU–312 Training have been awarded to our nation’s bravest Whereas, Unfortunately, federal employees Exercise South Bay, San Francisco Bay, San soldiers, sailors, airmen, marines, and coast who are also reservists or who work full time Francisco, CA’’ ((RIN1625–AA00) (Docket No. guardsmen since the creation of the award in in a reserve component unit are ineligible USCG–2019–0859)) received in the Office of the 1861; and for TRICARE Reserve Select, the low-cost President of the Senate on December 4, 2019; Whereas, The Medal of Honor was awarded health benefits plan offered to all other re- to the Committee on Commerce, Science, to 473 Americans during World War II, and serve component service members; instead, and Transportation. only four of those 473 Americans are alive these federal employees who are eligible for EC–3494. A communication from the Attor- today; and ney-Advisor, U.S. Coast Guard, Department a federal health benefits plan must use a Whereas, Charles H. Coolidge of Tennessee, of Homeland Security, transmitting, pursu- more expensive health benefits plan; and Francis S. Currey of New York, Robert D. ant to law, the report of a rule entitled Whereas, The cost difference between en- Maxwell of Oregon, and Hershel W. Williams ‘‘Safety Zone; San Juan Harbor, San Juan, rolling in TRICARE and a federal health ben- of West Virginia all served their country PR’’ ((RIN1625–AA00) (Docket No. USCG– efits plan can be significant in a family with conspicuous gallantry and intrepidity 2019–0686)) received in the Office of the Presi- budget; in a recent example, a full-time base at the risk of life and therefore deserve the dent of the Senate on December 4, 2019; to services manager at an Air National Guard gratitude of the American people; and the Committee on Commerce, Science, and base estimated that she paid $4,700 more of Whereas, The president of the United Transportation. her $57,000 annual salary for a federal health States has the sole authority to designate a EC–3495. A communication from the Attor- benefits plan than she would for TRICARE; state funeral; and ney-Advisor, U.S. Coast Guard, Department and Whereas, Historically, the president of the of Homeland Security, transmitting, pursu- Whereas, To address the different treat- United States has designated state funerals ant to law, the report of a rule entitled ment of reserve component service members for former presidents, generals, and other ex- ‘‘Waiver of Citizenship Requirements for who are federal employees, Congress is con- traordinary Americans; and Crewmembers on Commercial Fishing Ves- sidering H.R. 613/S. 164, the TRICARE Re- Whereas, Designating a state funeral when sels’’ ((RIN1625–AB50) (Docket No. USCG– serve Select Improvement Act, to remove the last surviving World War II Medal of 2019–0625)) received in the Office of the Presi- the prohibition on eligibility for TRICARE Honor recipient dies would be a wonderful dent of the Senate on December 4, 2019; to of members of the reserve components of the way for the American people to unite and the Committee on Commerce, Science, and armed forces who are eligible to enroll in a honor all 16 million soldiers, sailors, and air- Transportation. federal health benefits plan; and men who served in our armed forces from EC–3496. A communication from the Attor- Whereas, Enacting the TRICARE Reserve 1941 to 1945; Now, therefore, be it ney-Advisor, U.S. Coast Guard, Department Select Improvement Act would reduce the fi- Resolved, That the 86th Legislature of the of Homeland Security, transmitting, pursu- nancial burden on valued members of the State of Texas, hereby respectfully urge the ant to law, the report of a rule entitled ‘‘Spe- Texas National Guard and other reserve president of the United States to designate a cial Local Regulation; Beauty and the Beast components of the United States armed state funeral for the last surviving Medal of Triathlon; Christiansted Harbor, St. Croix, forces; now, therefore, be it Honor recipient from World War II; and, be it Virgin Island’’ ((RIN1625–AA08) (Docket No. Resolved, That the 86th Legislature of the further USCG–2019–0893)) received in the Office of the State of Texas hereby respectfully urge the Resolved, That the Texas secretary of state President of the Senate on December 4, 2019; Congress of the United States to enact H.R. forward official copies of this resolution to to the Committee on Commerce, Science, 613/S. 164, the TRICARE Reserve Select Im- the president of the United States, to the and Transportation. provement Act; and, be it further president of the Senate and the speaker of EC–3497. A communication from the Attor- Resolved, That the Texas secretary of state the House of Representatives of the United ney-Advisor, U.S. Coast Guard, Department forward official copies of this resolution to States Congress, and to all the members of of Homeland Security, transmitting, pursu- the president of the United States, to the the Texas delegation to Congress with the ant to law, the report of a rule entitled president of the Senate and the speaker of request that this resolution be entered in the ‘‘Drawbridge Operation Regulation; Kis- the House of Representatives of the United Congressional Record as a memorial to the simmee River, Fort Basinger, FL’’ ((RIN1625– States Congress, and to all the members of Congress of the United States of America. AA09) (Docket No. USCG–2019–0821)) received the Texas delegation to Congress with the in the Office of the President of the Senate request that this resolution be entered in the POM–162. A concurrent resolution adopted on December 4, 2019; to the Committee on Congressional Record as a memorial to the by the Legislature of the State of Texas urg- Commerce, Science, and Transportation. Congress of the United States of America. ing the United States Congress to repeal the

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.022 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6991 Government Pension Offset and the Windfall Resolved, That the Texas secretary of state House of Representatives, and every member Elimination Provision of the Social Security forward official copies of this resolution to of Congress from New Jersey. Act; to the Committee on Finance. the president of the United States, to the HOUSE CONCURRENT RESOLUTION NO. 19 president of the Senate and the speaker of POM–164. A resolution adopted by the Whereas, Social Security is the foundation the House of Representatives of the United Council of the Village of Yellow Springs, for retirement income for tens of millions of States Congress, and to all the members of Ohio urging the United States Congress to American workers and their families; nearly the Texas delegation to Congress with the enact the Energy Innovation and Carbon two-thirds of the older Americans who re- request that this resolution be officially en- Dividend Act of 2019; to the Committee on ceive program benefits rely on Social Secu- tered in the Congressional Record as a me- Finance. rity for 50 percent or more of their total in- morial to the Congress of the United States POM–165. A resolution passed by the Coun- come, and one-third rely on it for 90 percent of America. cil of the City and County of Honolulu, Ha- or more; among beneficiaries aged 80 and waii urging the United States Congress to older, 42 percent rely on Social Security for POM–163. A resolution adopted by the Gen- embrace the Treaty on the Prohibition of nearly all of their income; and eral Assembly of the State of New Jersey Nuclear Weapons and make nuclear disar- Whereas, Two Social Security provisions, urging the United States Congress and the mament the centerpiece of the United however, the Government Pension Offset President of the United States to enact H.R. States’ national security policy; to the Com- (GPO), enacted in 1977, and the Windfall 500 which prevents the IRS from collecting mittee on Foreign Relations. Elimination Provision (WEP), enacted in taxes on any amount of student loan for- POM–166. A petition from a citizen of the 1983, severely and unfairly penalize recipi- given for deceased veterans; to the Com- State of Louisiana memorializing a resolu- ents of public pensions; and mittee on Finance. tion adopted by the Legislature of the State Whereas, The GPO effectively prohibits ASSEMBLY RESOLUTION NO. 97 of Louisiana urging the United States Con- some government retirees from collecting Whereas, Each member of the United gress to support the initiative calling for ac- both their own pension and full Social Secu- States Armed Forces serves our country to curate, third-party application (app) ratings rity benefits as a surviving spouse; an esti- protect the citizens of the United States and, and intuitive parental controls to better pro- mated 9 out of 10 public employees affected in 2015, there were over one million active tect children from harmful online and mo- by the GPO lose their entire spousal benefit, duty members of the Armed Forces; and bile device content; to the Committee on even though their spouses paid Social Secu- Whereas, If a service member sustains an Commerce, Science, and Transportation. rity taxes for many years; and injury or illness while on active duty they POM–167. A resolution adopted by the Whereas, The WEP reduces the Social Se- may be discharged and return home to pur- Eastern Regional Conference of the Council curity benefit for public employees who did sue higher educational opportunities; and of State Governments urging the United not participate in Social Security while Whereas, Many service members embrace States Congress to approve H.R. 3631 Terri- working for the government, but who at the opportunity to pursue higher education tories Health Care Improvement Act; to the some time in their careers were in jobs through the various tuition assistance pro- Committee on Finance. where they paid Social Security taxes for the grams and college funds offered to service POM–168. A petition from a citizen of the period required to qualify for retirement members, which may be used in combination State of Illinois relative to the solvency of benefits; the WEP can deprive a retiree of with federal and private student loans to pay the Central States Pension Fund; to the nearly $450 a month in Social Security bene- for the cost of college; and Committee on Health, Education, Labor, and fits duly earned by that individual; Whereas, If a service member loses his or Pensions. Whereas, Although these provisions were her life as a result of an injury or illness sus- POM–169. A petition from a citizen of the intended to curtail the payment of windfall tained while on active duty, the federal edu- State of Texas relative to amendments to benefits to highly paid government employ- cation loans are forgiven under the Higher the United States Constitution; to the Com- ees, in practice they have had and continue Education Act and private loan companies mittee on the Judiciary. to have devastating consequences for low-in- can choose to forgive the education loans; POM–170. A petition from a citizen of the come employees who worked for many years and State of Texas relative to current laws re- as public servants; more than two million Whereas, When an educational loan is for- garding persons from outside of the United government employees and retirees are af- given the Internal Revenue Code categorizes States and their physical presence within fected by either the GPO or the WEP or the amount of the loan as taxable gross in- the United States; to the Committee on the both, and the repercussions are felt most come for a cosigner on the loan, which can Judiciary. acutely in Texas and 14 other states where a include both family and friends of the de- f high proportion of public employees partici- ceased service member; and pate in state or municipal retirement sys- Whereas, Taxing loan forgiveness as in- REPORTS OF COMMITTEES tems that do not include Social Security; come can be burdensome to family members The following reports of committees and and friends especially during a time when were submitted: Whereas, These punitive and discrimina- they are grieving the loss of their loved one; tory provisions target hundreds of thousands and By Mr. WICKER, from the Committee on of teachers, police officers, firefighters, and Whereas, Families of veterans who lost Commerce, Science, and Transportation, other public servants; although the vast ma- their lives as a result of an illness or injury without amendment: jority of Texas school employees participate sustained while serving on active duty have S. 881. A bill to improve understanding and in the state’s teacher retirement system and already sacrificed so much for the United forecasting of space weather events, and for therefore are not required to and do not par- States; and other purposes (Rept. No. 116–171). ticipate in the Social Security system, many Whereas, The federal bill øH.R. 2874¿ H.R. S. 919. A bill to reduce regulatory burdens Texas teachers and other public school em- 500, named the ‘‘Andrew P. Carpenter Tax and streamline processes related to commer- ployees nonetheless have earned Social Secu- Act,’’ would amend the Internal Revenue cial space activities, and for other purposes rity benefits on their own behalf through Code to prevent the Internal Revenue Serv- (Rept. No. 116–172). other employment, the WEP notwith- ice from collecting taxes on any amount of S. 2909. A bill to extend the authority of standing, or would be entitled to spousal So- student loan forgiven; and the National Aeronautics and Space Admin- cial Security benefits based on their spouses’ Whereas, The federal bill will help to ease istration to enter into leases of non-excess lifetime earnings were it not for the GPO the financial burden for individuals who are property of the Administration. penalty; these provisions cause veteran already grieving for the loss of their loved f teachers to retire prematurely and discour- one: Now, therefore, be it age qualified individuals from entering the Resolved by the General Assembly of the State EXECUTIVE REPORTS OF teaching profession at precisely the time of New Jersey: COMMITTEES that Texas and the nation face a severe 1. This House respectfully urges the Presi- shortage of highly qualified educators; and dent and Congress of the United States to The following executive reports of Whereas, The GPO and WEP as applied to enact øH.R. 2874¿ H.R. 500 which amends the nominations were submitted: public employees are unreasonable and un- Internal Revenue Code to prevent the Inter- By Mr. RISCH for the Committee on For- just and will cause tens of thousands of gov- nal Revenue Service from collecting taxes on eign Relations. ernment retirees to experience a diminished any amount of student loan forgiven for de- Sung Y. Kim, of California, a Career Mem- quality of life or be forced to return to work ceased veterans. ber of the Senior Foreign Service, Class of to make up for the effects of these provi- 2. Copies of this resolution, as filed with Career Minister, to be Ambassador Extraor- sions; Now, therefore, be it the Secretary of State, shall be transmitted dinary and Plenipotentiary of the United Resolved, That the 86th Legislature of the by the Clerk of the General Assembly to the States of America to the Republic of Indo- State of Texas hereby respectfully urge the President and Vice President of the United nesia. Congress of the United States to repeal the States, the United States Secretary of De- Nominee: Sung Y. Kim. Government Pension Offset and the Windfall fense, the Majority and Minority Leader of Post: Republic of Indonesia. Elimination Provision of the Social Security the United States Senate, the Speaker and (The following is a list of all members of Act; and, be it further the Minority Leader of the United States my immediate family and their spouses. I

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.025 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6992 CONGRESSIONAL RECORD — SENATE December 11, 2019 have asked each of these persons to inform Bank for Reconstruction and Development ADDITIONAL COSPONSORS me of the pertinent contributions made by to oppose assistance by the Bank for any them. To the best of my knowledge, the in- country that exceeds the graduation thresh- S. 133 formation contained in this report is com- old of the Bank and is of concern with re- At the request of Ms. MURKOWSKI, the plete and accurate.) spect to religious freedom; to the Committee names of the Senator from Florida (Mr. Contributions, amount, date, and donee. on Foreign Relations. SCOTT) and the Senator from Massa- 1. Self: None. By Mr. DAINES (for himself and Mr. chusetts (Mr. MARKEY) were added as 2. Spouse: None. TESTER): 3. Children and Spouses: None. cosponsors of S. 133, a bill to award a S. 3019. A bill to protect access to water for Congressional Gold Medal, collectively, 4. Parents: None. all Montanans, and for other purposes; to the 5. Grandparents: None. Committee on Indian Affairs. to the United States merchant mari- 6. Brothers and Spouses: None. By Ms. BALDWIN (for herself, Mr. SUL- ners of World War II, in recognition of 7. Sisters and Spouses: None. LIVAN, Mr. TESTER, and Mr. DAINES): their dedicated and vital service during S. 3020. A bill to amend title 38, United World War II. Stephen E. Biegun, of Michigan, to be Dep- States Code, to authorize the Secretary of S. 177 uty Secretary of State. Veterans Affairs to enter into contracts with By Mr. LEE for Mr. INHOFE for the Com- At the request of Mr. ROBERTS, the States or to award grants to States to pro- mittee on Armed Services. mote health and wellness, prevent suicide, name of the Senator from New Hamp- Army nomination of Maj. Gen. Douglas M. and improve outreach to veterans, and for shire (Mrs. SHAHEEN) was added as a co- Gabram, to be Lieutenant General. other purposes; to the Committee on Vet- sponsor of S. 177, a bill to amend the Mr. LEE for Mr. INHOFE. Mr. Presi- erans’ Affairs. Internal Revenue Code of 1986 and the dent, for the Committee on Armed By Mr. BLUMENTHAL: Small Business Act to expand the Services I report favorably the fol- S. 3021. A bill to amend the Federal Food, availability of employee stock owner- lowing nomination lists which were Drug, and Cosmetic Act to require the label ship plans in S corporations, and for of a drug that is intended for human use and printed in the RECORDS on the dates in- other purposes. dicated, and ask unanimous consent, to contains an ingredient that is derived di- rectly or indirectly from a gluten-containing S. 178 save the expense of reprinting on the grain to identify each such ingredient, and At the request of Mr. RUBIO, the Executive Calendar that these nomina- for other purposes; to the Committee on name of the Senator from Florida (Mr. tions lie at the Secretary’s desk for the Health, Education, Labor, and Pensions. SCOTT) was added as a cosponsor of S. information of Senators. By Ms. MCSALLY (for herself and Ms. 178, a bill to condemn gross human The PRESIDING OFFICER. Without SINEMA): S. 3022. A bill to establish a pilot program rights violations of ethnic Turkic Mus- objection, it is so ordered. lims in Xinjiang, and calling for an end Air Force nominations beginning with waiving the Form I–94 document issuance re- quirement for certain Mexican nationals; to to arbitrary detention, torture, and Anna M. Adkins and ending with Mary E. harassment of these communities in- Zander, which nominations were received by the Committee on the Judiciary. the Senate and appeared in the Congres- By Ms. ERNST (for herself, Mr. COONS, side and outside China. sional Record on September 19, 2019. Mrs. HYDE-SMITH, Mr. CASEY, Mr. S. 215 WICKER, Mr. BENNET, and Mr. Army nomination of Zachary B. Ciccolo, to At the request of Mr. THUNE, the BROWN): be Major. name of the Senator from Florida (Mr. Army nomination of Andrew J. Oliver, to S. 3023. A bill to amend the Public Health SCOTT) was added as a cosponsor of S. be Major. Service Act to authorize the Director of the Army nomination of Marjorie A. Kuipers, National Institutes of Health to make 215, a bill to amend the Internal Rev- to be Major. awards to outstanding scientists, including enue Code of 1986 to repeal the estate Army nomination of Yuandre G. Dieujuste, physician-scientists, to support researchers and generation-skipping transfer taxes, to be Major. focusing on pediatric research, including and for other purposes. basic, clinical, translational, or pediatric Army nomination of Thomas E. Axtell, to S. 430 be Lieutenant Colonel. pharmacological research, and for other pur- Army nomination of D014331, to be Major. poses; to the Committee on Health, Edu- At the request of Mr. CRAPO, the name of the Senator from Vermont (Nominations without an asterisk cation, Labor, and Pensions. By Mr. KENNEDY: (Mr. SANDERS) was added as a cospon- were reported with the recommenda- S. 3024. A bill to require the Administrator sor of S. 430, a bill to extend the Secure tion that they be confirmed.) of the Pipeline and Hazardous Materials Rural Schools and Community Self-De- f Safety Administration to respond to peti- termination Act of 2000. tions for regulatory action within 18 months; INTRODUCTION OF BILLS AND to the Committee on Commerce, Science, S. 634 JOINT RESOLUTIONS and Transportation. At the request of Mr. CRUZ, the name The following bills and joint resolu- By Mr. GRASSLEY (for himself and of the Senator from Nebraska (Mr. tions were introduced, read the first Mr. WYDEN): SASSE) was added as a cosponsor of S. S. 3025. A bill to establish innovation and second times by unanimous con- 634, a bill to amend the Internal Rev- grants under the John H. Chafee Foster Care enue Code of 1986 to establish tax cred- sent, and referred as indicated: Program for Successful Transition to Adult- By Mr. CASEY: hood to improve adulthood outcomes for its to encourage individual and cor- S. 3015. A bill to amend title 5, United youth aging out of foster care, and for other porate taxpayers to contribute to States Code, to limit the number of local purposes; to the Committee on Finance. scholarships for students through eligi- wage areas allowable within a General By Mr. CARDIN (for himself and Mr. ble scholarship-granting organizations Schedule pay locality; to the Committee on WICKER): and eligible workforce training organi- Homeland Security and Governmental Af- S. 3026. A bill to promote international ef- zations, and for other purposes. fairs. forts in combating corruption, kleptocracy, S. 696 By Mrs. FISCHER: and illicit finance by foreign officials and S. 3016. A bill to amend the Federal Food, other foreign persons, including through a At the request of Mr. MERKLEY, the Drug, and Cosmetic Act to ensure that con- new anti-corruption action fund, and for names of the Senator from New Jersey sumers can make informed decisions in other purposes; to the Committee on Foreign (Mr. BOOKER) and the Senator from choosing between meat products such as beef Relations. Montana (Mr. TESTER) were added as and imitation meat products, and for other By Mr. BROWN (for himself and Mr. cosponsors of S. 696, a bill to designate purposes; to the Committee on Health, Edu- BLUNT): the same individual serving as the cation, Labor, and Pensions. S. 3027. A bill to amend part B of title IV By Mr. GRASSLEY (for himself and of the Social Security Act to require States Chief Nurse Officer of the Public Mr. COTTON): to review child fatalities from maltreat- Health Service as the National Nurse S. 3017. A bill to increase transparency and ment, and for other purposes; to the Com- for Public Health. accountability with respect to World Bank mittee on Finance. S. 815 lending for the People’s Republic of China, By Mr. REED (for himself and Ms. COL- At the request of Mr. BOOZMAN, the and for other purposes; to the Committee on LINS): name of the Senator from Maine (Mr. Foreign Relations. S. 3028. A bill to amend the Higher Edu- By Mr. GRASSLEY (for himself, Mr. cation Act of 1965 to strengthen Federal- KING) was added as a cosponsor of S. RUBIO, and Mr. COTTON): State partnerships in postsecondary edu- 815, a bill to amend the Internal Rev- S. 3018. A bill to require the United States cation; to the Committee on Health, Edu- enue Code of 1986 to allow a refundable Executive Director of the International cation, Labor, and Pensions. tax credit against income tax for the

VerDate Sep 11 2014 21:31 Mar 02, 2020 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD19\DECEMBER\S11DE9.REC S11DE9 sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6993 purchase of qualified access technology S. 2054 (Mr. PETERS) was added as a cosponsor for the blind. At the request of Mr. MARKEY, the of S. 2638, a bill to amend title 49, S. 1081 name of the Senator from Alaska (Ms. United State Code, to require small At the request of Mr. MANCHIN, the MURKOWSKI) was added as a cosponsor hub airports to construct areas for name of the Senator from Georgia (Mr. of S. 2054, a bill to posthumously award nursing mothers, and for other pur- ISAKSON) was added as a cosponsor of S. the Congressional Gold Medal, collec- poses. 1081, a bill to amend title 54, United tively, to Glen Doherty, Tyrone Woods, S. 2680 States Code, to provide permanent, J. Christopher Stevens, and Sean At the request of Mr. BLUMENTHAL, dedicated funding for the Land and Smith, in recognition of their contribu- the name of the Senator from Arizona Water Conservation Fund, and for tions to the Nation. (Ms. SINEMA) was added as a cosponsor other purposes. S. 2085 of S. 2680, a bill to impose sanctions At the request of Ms. ROSEN, the S. 1130 with respect to foreign support for Pal- name of the Senator from Virginia (Mr. At the request of Mr. CASEY, the estinian terrorism, and for other pur- WARNER) was added as a cosponsor of S. name of the Senator from Washington poses. 2085, a bill to authorize the Secretary (Mrs. MURRAY) was added as a cospon- S. 2683 of Education to award grants to eligi- sor of S. 1130, a bill to amend the Pub- At the request of Mr. BURR, the ble entities to carry out educational lic Health Service Act to improve the names of the Senator from Indiana programs about the Holocaust, and for (Mr. BRAUN) and the Senator from Ala- health of children and help better un- other purposes. derstand and enhance awareness about bama (Mr. JONES) were added as co- S. 2108 unexpected sudden death in early life. sponsors of S. 2683, a bill to establish a At the request of Mr. DAINES, the S. 1657 task force to assist States in imple- name of the Senator from New Mexico menting hiring requirements for child At the request of Ms. COLLINS, the (Mr. HEINRICH) was added as a cospon- name of the Senator from Louisiana care staff members to improve child sor of S. 2108, a bill to amend section safety. (Mr. CASSIDY) was added as a cosponsor 6903 of title 31, United States Code, to S. 2715 of S. 1657, a bill to provide assistance provide for additional population tiers, to combat the escalating burden of At the request of Mr. BLUNT, the and for other purposes. name of the Senator from Indiana (Mr. Lyme disease and other tick and vec- S. 2179 tor-borne diseases and disorders. BRAUN) was added as a cosponsor of S. At the request of Mr. CARDIN, the 2715, a bill to develop and implement S. 1660 names of the Senator from Alabama policies to advance early childhood de- At the request of Mr. CASEY, the (Mr. JONES) and the Senator from Vir- velopment, to provide assistance for or- name of the Senator from New Jersey ginia (Mr. WARNER) were added as co- phans and other vulnerable children in (Mr. BOOKER) was added as a cosponsor sponsors of S. 2179, a bill to amend the developing countries, and for other Older Americans Act of 1965 to provide of S. 1660, a bill to provide greater sup- purposes. port for grandfamilies and older care- social service agencies with the re- S. 2741 taker relatives. sources to provide services to meet the At the request of Mr. SCHATZ, the urgent needs of Holocaust survivors to S. 1703 names of the Senator from New Hamp- At the request of Ms. CANTWELL, the age in place with dignity, comfort, se- curity, and quality of life. shire (Ms. HASSAN) and the Senator names of the Senator from New Jersey from Oklahoma (Mr. INHOFE) were S. 2203 (Mr. BOOKER) and the Senator from Ha- added as cosponsors of S. 2741, a bill to At the request of Ms. KLOBUCHAR, the waii (Ms. HIRONO) were added as co- amend title XVIII of the Social Secu- names of the Senator from Delaware sponsors of S. 1703, a bill to amend the rity Act to expand access to telehealth (Mr. COONS), the Senator from Mary- Internal Revenue Code of 1986 to re- services, and for other purposes. land (Mr. VAN HOLLEN), the Senator form the low-income housing credit, S. 2786 and for other purposes. from Pennsylvania (Mr. CASEY), the Senator from Connecticut (Mr. At the request of Ms. MURKOWSKI, the S. 1710 BLUMENTHAL), the Senator from West name of the Senator from Washington At the request of Mr. CORNYN, the Virginia (Mr. MANCHIN) and the Sen- (Ms. CANTWELL) was added as a cospon- name of the Senator from Florida (Mr. ator from Delaware (Mr. CARPER) were sor of S. 2786, a bill to establish a Fed- RUBIO) was added as a cosponsor of S. added as cosponsors of S. 2203, a bill to eral advisory committee to provide 1710, a bill to prohibit funds made extend the transfer of Electronic Trav- policy recommendations to the Sec- available under the airport improve- el Authorization System fees from the retary of Transportation on posi- ment program from being provided to Travel Promotion Fund to the Corpora- tioning the United States to take ad- entities that have violated the intellec- tion for Travel Promotion (Brand USA) vantage of emerging opportunities for tual property rights of United States through fiscal year 2027, and for other Arctic maritime transportation. entities and therefore pose a threat to purposes. S. 2788 national security, and for other pur- S. 2322 At the request of Mr. MANCHIN, the poses. At the request of Ms. COLLINS, the name of the Senator from Delaware S. 1757 name of the Senator from California (Mr. CARPER) was added as a cosponsor At the request of Ms. ERNST, the (Mrs. FEINSTEIN) was added as a co- of S. 2788, a bill to amend the Surface name of the Senator from Hawaii (Ms. sponsor of S. 2322, a bill to amend the Mining Control and Reclamation Act of HIRONO) was added as a cosponsor of S. Animal Welfare Act to allow for the re- 1977 to transfer certain funds to the 1757, a bill to award a Congressional tirement of certain animals used in 1974 United Mine Workers of America Gold Medal, collectively, to the United Federal research. Pension Plan, and for other purposes. States Army Rangers Veterans of S. 2570 S. 2797 World War II in recognition of their ex- At the request of Ms. SINEMA, the At the request of Ms. DUCKWORTH, traordinary service during World War names of the Senator from West Vir- the name of the Senator from Hawaii II. ginia (Mr. MANCHIN), the Senator from (Ms. HIRONO) was added as a cosponsor S. 1841 Alaska (Mr. SULLIVAN) and the Senator of S. 2797, a bill to amend the Immigra- At the request of Mr. COONS, the from Montana (Mr. DAINES) were added tion and Nationality Act to require the name of the Senator from Virginia (Mr. as cosponsors of S. 2570, a bill to award Secretary of Homeland Security to pa- WARNER) was added as a cosponsor of S. a Congressional Gold Medal to Greg role into the United States certain rel- 1841, a bill to amend the Internal Rev- LeMond in recognition of his service to atives of current and former members enue Code of 1986 to extend the publicly the United States as an athlete, activ- of the Armed Forces, and for other pur- traded partnership ownership structure ist, role model, and community leader. poses. to energy power generation projects S. 2638 S. 2815 and transportation fuels, and for other At the request of Ms. DUCKWORTH, At the request of Mr. SCHUMER, the purposes. the name of the Senator from Michigan name of the Senator from Connecticut

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.034 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6994 CONGRESSIONAL RECORD — SENATE December 11, 2019 (Mr. BLUMENTHAL) was added as a co- S. 3004 costs were supported by tuition pay- sponsor of S. 2815, a bill to require the At the request of Mr. MARKEY, the ments. In 2018, that percentage in- Secretary of the Treasury to mint name of the Senator from Vermont creased to 46.6 percent. Today, in 27 coins in commemoration of the Na- (Mr. SANDERS) was added as a cospon- states, tuition accounts for more than tional Purple Heart Honor Mission. sor of S. 3004, a bill to protect human half of all higher education revenue. S. 2833 rights and enhance opportunities for Moreover, the only federal-state part- At the request of Mr. MERKLEY, the LGBTI people around the world, and nership program for need-based finan- name of the Senator from Wisconsin for other purposes. cial aid—the Leveraging Educational (Ms. BALDWIN) was added as a cospon- S. CON. RES. 9 Assistance Partnership (LEAP) pro- sor of S. 2833, a bill to amend the Truth At the request of Mr. ROBERTS, the gram—has not received appropriations in Lending Act to extend the consumer name of the Senator from Colorado since Fiscal Year 2010. credit protections provided to members (Mr. GARDNER) was added as a cospon- It is time to renew the federal-state of the Armed Forces and their depend- sor of S. Con. Res. 9, a concurrent reso- partnership for higher education, first ents under title 10, United States Code, lution expressing the sense of Congress enacted in 1972 on a bipartisan basis. The PASS Act will revitalize the fed- to all consumers. that tax-exempt fraternal benefit soci- eral-state partnership through a for- S. 2881 eties have historically provided and continue to provide critical benefits to mula grant to states with a focus on At the request of Mr. WICKER, the need-based aid, grants to institutions names of the Senator from Kansas (Mr. the people and communities of the United States. to improve student outcomes and re- MORAN) and the Senator from Wis- duce college costs, and public account- consin (Mr. JOHNSON) were added as co- f ability. sponsors of S. 2881, a bill to require the STATEMENTS ON INTRODUCED In exchange for this new federal in- Federal Communications Commission BILLS AND JOINT RESOLUTION vestment, states must make a commit- to make not less than 280 megahertz of By Mr. REED (for himself and ment to maintain their investment in spectrum available for terrestrial use, higher education and have a com- and for other purposes. Ms. COLLINS): S. 3028. A bill to amend the Higher prehensive plan for higher education S. 2898 Education Act of 1965 to strengthen with measurable goals for access, af- At the request of Mr. INHOFE, the fordability, and student outcomes. At name of the Senator from Michigan Federal-State partnerships in postsec- ondary education; to the Committee on least half of the funding must be dedi- (Mr. PETERS) was added as a cosponsor Health, Education, Labor, and Pen- cated to need-based student financial of S. 2898, a bill to amend title 5, aid. States also have the option of United States Code, to provide for a sions. Mr. REED. Mr. President, today, awarding grants to colleges and univer- full annuity supplement for certain air most jobs require some kind of postsec- sities or partnerships between institu- traffic controllers. ondary credential, whether a certifi- tions of higher education and non-prof- S. 2909 cate. an associate’s or bachelor’s de- it organizations to improve student At the request of Mr. WICKER, the gree. an advanced or professional de- outcomes, including enrollment, com- name of the Senator from Florida (Mr. gree, or an apprenticeship. Moreover. pletion, and employment. and to de- SCOTT) was added as a cosponsor of S. the workplace is changing with auto- velop innovative methods for reducing college costs. I am pleased to have the 2909, a bill to extend the authority of mation, artificial intelligence, and the support of the National Association of the National Aeronautics and Space so-called gig economy transforming State Student Grant and Aid Pro- Administration to enter into leases of the nature of work. Yet, postsecondary grams, the Center for Law and Social non-excess property of the Administra- education seems increasingly risky or Policy, the Institute for Higher Edu- tion. out of reach for too many Americans. cation Policy, the Association of Com- S. 2974 That is why I am proud to be intro- munity College Trustees, and the Na- At the request of Mr. PETERS, the ducing the bipartisan Partnerships for name of the Senator from Alaska (Mr. tional Skills Coalition. Affordability and Student Success This generation is facing a crisis in SULLIVAN) was added as a cosponsor of (PASS) Act with my colleague, Senator S. 2974, a bill to require the Postmaster college affordability and student loan COLLINS. debt. With the PASS Act, we are pro- General to establish a comprehensive At a time when we need to equip peo- organizational strategy to combat the viding the resources and incentives for ple with the foundational skills and states to take more responsibility to use of the mail in the distribution of il- knowledge they need to succeed in this licit drugs. address college affordability and stu- changing environment, we see college dent loan debt and improve student S. 2994 costs and student loan debt soaring. We outcomes. I urge my colleagues to co- At the request of Mr. SCOTT of South see too many students who start post- sponsor this legislation and look for- Carolina, the names of the Senator secondary education unable to finish, ward to working with them to include from Oklahoma (Mr. LANKFORD) and leaving them in debt but without a de- these and other key reforms in the up- the Senator from Arizona (Ms. SINEMA) gree or postsecondary credential. As a coming reauthorization of the Higher were added as cosponsors of S. 2994, a result, we see public confidence in our Education Act. bill to amend the Internal Revenue system of higher education declining. f Code of 1986 to require information re- According to a recent Pew Research porting with respect to the qualified Center survey, 61 percent of Americans AUTHORITY FOR COMMITTEES TO opportunity zone tax incentives en- say that our system of higher edu- MEET acted by the 2017 tax reform legisla- cation is headed in the wrong direc- Mr. MCCONNELL. Mr. President, I tion, to require public reports related tion. have 7 requests for committees to meet to such tax incentives, and for other The federal government cannot solve during today’s session of the Senate. purposes. this crisis on its own. States are crit- They have the approval of the Majority S. 3002 ical partners in making college acces- and Minority leaders. At the request of Ms. CANTWELL, the sible. affordable, and accountable. Pursuant to rule XXVI, paragraph name of the Senator from Oregon (Mr. However, state funding for higher edu- 5(a), of the Standing Rules of the Sen- WYDEN) was added as a cosponsor of S. cation is lower today than it was be- ate, the following committees are au- 3002, a bill to amend the Trade Facili- fore the onset of the Great Recession. thorized to meet during today’s session tation and Trade Enforcement Act of According to the latest State Higher of the Senate: 2015 to increase amounts transferred to Education Finance report published by COMMITTEE ON ARMED SERVICES the Trade Enforcement Trust Fund and the State Higher Education Executive The Committee on Armed Services is to require the use of certain amounts Officers. public colleges and univer- authorized to meet during the session in the fund to implement labor obliga- sities have become more reliant on tui- of the Senate on Wednesday, December tions in a free trade agreement with tion dollars for their operations. In 11, 2019, at 10 a.m., to conduct a hear- Mexico, and for other purposes. 2008, 35.8 percent of general operating ing.

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.036 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6995 COMMITTEE ON COMMERCE, SCIENCE, AND Law 98–183, as amended by Public Law it ‘‘A Taste of Delaware.’’ We are invit- TRANSPORTATION 103–419, appoints the following indi- ing folks to come and join us if they The Committee on Commerce, vidual to the United States Commis- would like. Science, and Transportation is author- sion on Civil Rights: Gail Heriot of The reason I mention Delaware Day ized to meet during the session of the California. is because that was actually the day Senate on Wednesday, December 11, f Delaware became the first State to rat- 2019, at 10 a.m., to conduct a hearing. ify the Constitution. For 1 whole week, COMMITTEE ON FOREIGN RELATIONS MEASURE PLACED ON THE we were the entire United States of The Committee on Foreign Relations CALENDAR—S. 3009 America. We kind of opened things up is authorized to meet during the ses- Mr. MCCONNELL. Mr. President, I and let the rest of the other 49 States sion of the Senate on Wednesday, De- understand there is a bill at the desk in, and I think it has worked out pretty cember 11, 2019, at 10 a.m., to conduct a due for a second reading. well most days since then. hearing. The PRESIDING OFFICER. The If you look at the preamble of the COMMITTEE ON INDIAN AFFAIRS clerk will read the bill by title for the Constitution, it starts off with these The Committee on Indian Affairs is second time. words: ‘‘We the people of these United authorized to meet during the session The legislative clerk read as follows: States, in order to form a more perfect of the Senate on Wednesday, December A bill (S. 3009) to provide for a period of Union.’’ That is what it says. It doesn’t 11, 2019, at 2:30 a.m., to conduct a hear- continuing appropriations in the event of a say ‘‘to form a perfect Union; it says ing on the nomination of Michael D. lapse in appropriations under the normal ap- ‘‘to form a more perfect Union.’’ It Weahkee, of New Mexico, to be Direc- propriations process, and establish proce- goes on to talk about the public wel- tor of the Indian Health Service, De- dures and consequences in the event of a fail- fare and how we should be looking out ure to enact appropriations. partment of Health and Human Serv- for the good of all our citizens. ices. Mr. MCCONNELL. Mr. President, in The Constitution was ratified in a order to place the bill on the calendar COMMITTEE ON INDIAN AFFAIRS place called the Golden Fleece Tavern under the provisions of rule XIV, I The Committee on Indian Affairs is in Dover, DE, on December 7, 1787, would object to further proceedings. authorized to meet during the session after 3 days of deliberation by about 25 The PRESIDING OFFICER. Objec- of the Senate on Wednesday, December or so Delawareans. tion having been heard, the bill will be 11, 2019, at 2:30 p.m., to conduct a hear- There is a fellow who used to be placed on the calendar. ing. President of Delaware—now we call COMMITTEE ON THE JUDICIARY f him Governor of Delaware—a fellow named Caesar Rodney, who apparently The Committee on the Judiciary is ORDERS FOR THURSDAY, literally rode his horse from Dover, authorized to meet during the session DECEMBER 12, 2019 of the Senate on Wednesday, December DE, a few years earlier, past very near Mr. MCCONNELL. Mr. President, I to where the Golden Fleece Tavern 11, 2019, at 10 a.m., to conduct a hear- ask unanimous consent that when the ing. stood for many years. He rode his horse Senate completes its business today, it past the Golden Fleece Tavern on his COMMITTEE ON SMALL BUSINESS AND adjourn until 10 a.m., Thursday, De- way to Philadelphia to cast the tie- ENTREPRENEURSHIP cember 12; further, that following the breaking vote in favor of the Declara- The Committee on Small Business prayer and pledge, the morning hour be tion of Independence. and Entrepreneurship is authorized to deemed expired, the Journal of pro- The words in the Declaration of Inde- meet during the session of the Senate ceedings be approved to date, the time pendence were largely written by on Wednesday, December 11, 2019, at 2 for the two leaders be reserved for their Thomas Jefferson and include these p.m., to conduct a hearing on the nomi- use later in the day, morning business words: ‘‘life, liberty, and the pursuit of nation of Jovita Carranza, of Illinois, be closed, and the Senate proceed to happiness.’’ It is hard to have life, lib- to be Administrator of the Small Busi- executive session and resume consider- erty, and much happiness without ac- ness Administration. ation of the Skipwith nomination cess to good healthcare or without f under the previous order. good health. PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. Without I mention these words because that objection, it is so ordered. Mr. SULLIVAN. Mr. President, I ask goes back to the founding of our coun- unanimous consent that Geoffrey Clift, f try, the Declaration of Independence and the Constitution itself particu- a Navy fellow in Senator CRUZ’s office, ORDER FOR ADJOURNMENT be granted floor privileges for the re- larly, the preamble of the Constitution, mainder of the Congress. Mr. MCCONNELL. Mr. President, if which makes clear that we ought to be The PRESIDING OFFICER. Without there is no further business to come be- looking out for the welfare of our peo- objection, it is so ordered. fore the Senate, I ask unanimous con- ple. Mr. MORAN. Mr. President, I ask sent that it stand adjourned under the I stand before us today reminding us unanimous consent that Kelly previous order, following the remarks that if we don’t have good health and if McManus, a military fellow in my of- of Senators CARPER and WHITEHOUSE. we don’t have access to healthcare, it fice, be granted floor privileges The PRESIDING OFFICER. Without is pretty hard to be happy, at least for through the end of Congress. objection, it is so ordered. a lifetime. The PRESIDING OFFICER. Without The Senator from Delaware. I say that as sort of a preface to what objection, it is so ordered. f I want to say now, which is that not Mr. BLUNT. Mr. President, I ask everybody who is eligible for DELAWARE DAY AND unanimous consent that Leighton healthcare who needs healthcare is HEALTHCARE ENROLLMENT Grant, who is the military fellow in covered. We have a lot of people who our office and has been this last year, Mr. CARPER. Mr. President, I rise get their healthcare from employer- be granted floor privileges for the re- this evening with a very important re- provided plans. We have 300 million mainder of the Congress. minder for many Delawareans and for people in all who get healthcare cov- The PRESIDING OFFICER. Without all Americans, but before I do that, I erage in this country—half of them objection, it is so ordered. want to say that today is December 11, from employer-provided plans, about 25 f and 4 days ago was December 7. A lot of percent from Medicaid, about 15 per- people think of December 7 as Pearl cent from Medicare—and there is about APPOINTMENT Harbor Day, and for many years of my another 10 percent who in some cases PRESIDING OFFICER. The Chair, on life, I did as well. It is also Delaware don’t have any coverage. About 20 mil- behalf of the President pro tempore Day. Senator CHRIS COONS, LISA BLUNT lion people have no coverage. and upon the recommodation of the ROCHESTER, and I are hosting a recep- A lot of people now get their cov- majority leader, pursuant to Public tion on Capitol Hill today, and we call erage from exchanges. Every State has

VerDate Sep 11 2014 05:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A11DE6.040 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE S6996 CONGRESSIONAL RECORD — SENATE December 11, 2019 its own healthcare exchange or mar- Lewes, DE—I met there a fellow who is Mr. President, I want to end this by ketplace. A lot of people are getting a self-employed artist. His name is saying, since the Affordable Care Act their healthcare there. G.W. Thompson, and his life was for- was enacted, we have seen some—not A bunch of people use qualified com- ever changed by the Affordable Care all—but some of our Republican friends munity health centers in States on the Act when he was able to find affordable here in this body and across the coun- east coast, in the Midwest, and across and comprehensive health insurance. try do their dead-level best to under- America. Whether you have 10 cents or For folks that are waiting to start a mine the Affordable Care Act. Those ef- $10,000, you can get healthcare at these business and need healthcare insur- forts have ramped up considerably places, and that is good. ance, I would encourage you to do this: under the current administration. The But a lot of people who could sign up Visit HealthCare.gov—I will say that President and 18 Republican attorneys and get their healthcare in market- again, HealthCare.gov—today. Find a general have gone so far as to file a places in each State don’t know about plan that works for you. You have got lawsuit that attempts to scrap the it. There is an opportunity to enroll in plenty of choices. healthcare law in its entirety. the marketplaces and get healthcare Earlier this year, I met a widower in That lawsuit is working its way coverage by midnight on this coming Delaware named Marie. She lives with through the courts now, but it is im- Sunday, on December 15. I just want to a preexisting condition. As it turns portant for everyone to know, despite spend a couple of minutes reminding out, there are tens of millions of people these efforts to sabotage our Nation’s people who don’t have coverage to do in this country who live with a pre- healthcare law, the Affordable Care that and tell them why it is a good deal existing condition. For many, many Act is still the law of the land. If you for them and their families. years, they didn’t have access to want to sign up for coverage for the There is some good news here. The healthcare because they had a pre- next year, you can still do that until good news is that all across our coun- existing condition. That is not the case midnight on Sunday. I don’t think anymore. Folks who do have a pre- try, folks have 4 more days to sign up. there is a reason not to sign up, and I existing condition, they can get access There is also some more good news, would urge anybody who’s out there to healthcare thanks to the excellent and that is that after going up, up, up listening, watching, if you don’t have staff at a place called Westside Family for years, the cost of premiums in the coverage, let’s do it. Do it today, and Healthcare. That is one of the federally exchanges and marketplaces actually you will be glad you did. dropped this year. In most market- qualified community health centers, The idea of life, liberty, and the pur- and they have a great place in Dela- places, I think the average reduction is suit to happiness will be a little bit ware. Marie was able to go there and about 4 percent. And for the next year, closer to being realized for you. in more than half a dozen States, pre- enroll in an ACA plan that covers her Mr. President, I yield the floor. miums will be coming down by double preexisting condition and helps to keep The PRESIDING OFFICER. The Sen- digits. In Delaware, the cost of her happy. ator from Rhode Island. Let me just say to the folks across healthcare in our marketplace, start- CLIMATE CHANGE the country, if you are 1 of 133 million ing with coverage beginning January 1, Americans living with a preexisting Mr. WHITEHOUSE. Mr. President, I will be down by 19 percent. condition, I urge you to visit, again, rise again to call this Chamber to wake What has happened here is that after HealthCare.gov, HealthCare.gov. Find up to the threat of climate change, and a number of years where healthcare in- a plan that works for you. If you are a in this particular case, to say about surers were dropping out of the busi- young person who has just turned 26 the Paris agreement and to say in cho- ness of offering coverage in the mar- and can no longer stay on your parents’ rus with literally millions of Ameri- ketplaces, they are starting to offer health plan, visit HealthCare.gov today cans, we are still in. coverage again. Twenty-three insurers and find a plan that works for you. If In truth, America is still in the Paris offered coverage in States this year you or your family have tried to enroll agreement. When you look at the that hadn’t been offering coverage. Be- in Medicaid but did not qualify, visit States that are still in and will honor ginning January 1, I think about 45 HealthCare.gov today and find a plan their commitments, when you look at more will start providing coverage. that works for you. the cities that are still in and will That means we are going to have some Don’t forget, nearly 9 out of 10 cus- honor their commitments, when you competition for customers, for folks tomers are eligible for financial help, look at the companies and the univer- who need insurance, and that competi- which could mean a big savings for you sities that are still in, it is the vast tion will help create what I call a vir- and your family, but to that line, I said majority of the entire American econ- tuous cycle, helping to bring down this before—I am going to say it omy. Despite President Trump’s fossil costs even more. More choices means again—make the call. The deadline to fuel nonsense, we really are still in. more competition. That is a good thing enroll in affordable healthcare in one Last week, I traveled to Madrid with for our consumers and States across of the marketplaces in your State is Speaker PELOSI and the delegation of America. this Sunday. It is Sunday at midnight. House committee chairs and climate But wait, there is more. This year, So you have got 4 days and, depending leaders for the U.N. Conference of the three out of four customers can find a on which time zone you are living in, Parties—what is called the COP—to plan for less than—are you ready for maybe close to 6 hours in order to sign support the Paris agreement climate this?—75 bucks a month. Think about up. goals. The mood in Spain was opti- that. Customers can find a plan in the Don’t wait another day, though. Sign mistic. There was a somber confidence. marketplace on the exchange for less up today. Go to HealthCare.gov now The Trump administration, of course, than 75 bucks a month. through this Sunday, December 15, to has begun the process of withdrawing Some people might be wondering shop for a plan that will give you and the United States from the Paris cli- whether the Affordable Care Act mar- your family coverage through 2020. If mate accord. ketplace is the right choice for them or you sign up, sign up before midnight That is an abandonment from our their loved ones. That is a good ques- this Sunday. You will have coverage American tradition of international tion to ask. The marketplace provides beginning January 1 through December leadership and adherence to higher quality, affordable healthcare coverage 31 of next year. ideals. It is abandonment of our own for Americans who don’t receive afford- I know there are a lot of things that national security imperatives and able health insurance through their always have to get done before the end economy well-being. This abandonment employer. of the year. This is one that I think is demeans the Nation that has from For instance, last Friday, a couple of too important to miss. It is too impor- John Winthrop to Ronald Reagan people I have been talking to in my tant to miss. So one more time, visit called itself a ‘‘city on a hill.’’ State just in the last week or so about HealthCare.gov to find healthcare cov- Our military well understands the healthcare coverage—I was down at a erage that works for you and your fam- national security imperative. Back in place called Lewes, DE, which was first ily’s needs and your budget, regardless 2013, Admiral Samuel Locklear, the colonized by the Dutch 400 years ago. It of what State you live in, if you have commander of the U.S. forces in the was the first town and the first city, no coverage. Pacific, warned that upheaval related

VerDate Sep 11 2014 04:50 Dec 12, 2019 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G11DE6.056 S11DEPT1 dlhill on DSKBBY8HB2PROD with SENATE December 11, 2019 CONGRESSIONAL RECORD — SENATE S6997 to climate change ‘‘is probably the dumb and destructive move, particu- No, they are not. They are not even most likely thing that is going to hap- larly from a guy—Trump—who one dec- close to on it. In fact, they are the op- pen . . . that will cripple the security ade ago called climate change ‘‘sci- posite. They are on the wrong side. environment’’—‘‘the most likely entifically irrefutable,’’ that is a quote. They are funding false science denial thing.’’ ‘‘Scientifically irrefutable and its con- and ridiculous amounts of simple polit- He added, ‘‘You have the real poten- sequences catastrophic and irrevers- ical obstruction. They are paying for tial here in the not-too-distant future ible,’’ that is a quote as well. that. The statements from their lips do of nations displaced by rising sea level The Pelosi delegation—here we are at not match the expenditure of their . . . If it goes bad, you could have hun- the COP25—included powerful House funds. The expenditure of their funds is dreds of thousands or millions of people chairmen, like Chairman PALLONE and still dedicated to their political appa- displaced and then security will start Chairman GRIJALVA, Chairman JOHN- ratus of denial and obstruction. to crumble pretty quickly.’’ SON and Chairman CASTOR and, of Ultimately, however, we will prevail. That command is still concerned course, the most senior and influential The America that the international about it. Preparing for these risks was Democrat in America, House Speaker community knows and counts on—the a centerpiece of a recent Indo-Pacific NANCY PELOSI. America of leadership, the America of Command briefing I attended at their Speaker PELOSI’s presence at the progress, the America of confidence, headquarters in Hawaii. COP resounded not only because of her the America of clean and green energy To understand the threat to our clout and standing, but because it sig- and innovation—that America will be economy, we need only ask our govern- naled the broad, true consensus of the back and will prevail. ‘‘Our commit- ment-backed mortgage institution, United States of America in favor of ment to take action on the climate cri- Freddie Mac. Freddie Mac predicts that climate action. At the State level, at sis is ironclad,’’ said Speaker PELOSI in rising sea levels will prompt a crash in Madrid. It is. Soon enough, that com- coastal property values, greater than the city level, across the public, and in mitment will topple the castle of fos- the housing crash that caused the 2008 much of corporate America, we are in- sil-fuel-funded climate denial and ob- financial crisis. That warning by deed still in. struction that surrounds us today here Freddie Mac is echoed by the biggest, Indeed, at the Madrid conference in Congress. most important financial institutions right now, as I give this speech, are I yield the floor. in the world, both in the United States representatives for thousands of Amer- ican businesses, investors managing in the Federal Reserve system and f abroad. trillions of dollars, hundreds of Amer- The Bank of England, the Bank of ican municipalities and counties, top ADJOURNMENT UNTIL 10 A.M. France, the Bank of Canada, and Euro- American colleges and universities, TOMORROW dozens of American faith groups, Amer- pean Central Bank, are all warning of The PRESIDING OFFICER. Under ica’s largest healthcare organizations, ‘‘systemic’’ economic risks from cli- the previous order, the Senate stands and 20 American States and Tribes. mate change. ‘‘Systemic,’’ that is cen- adjourned until 10 a.m. tomorrow. Again, all told, it is the vast bulk of tral banker speak for something that Thereupon, the Senate, at 6:28 p.m., the American economy, and it still is. poses a risk to the entire economy, per- adjourned until Thursday, December America, unfortunately, at least in haps from stranded fossil fuel assets 12, 2019, at 10 a.m. when the market for fossil fuel dries Congress, has to fight our way through up, perhaps from a coastal property a persistent blockade paid for by the f value crash when flood risk becomes fossil fuel industry. Don’t believe their uninsurable and properties happy talk about acting on climate. CONFIRMATION unmortgageable. There is a slogan that one of their Executive nomination confirmed by Against this national security imper- trade groups has come up with. You see the Senate December 11, 2019: ative and this economic threat, the it at National Airport. You see it on THE JUDICIARY Trump administration leaving the billboards. It is popping up everywhere. LAWRENCE VANDYKE, OF NEVADA, TO BE UNITED Paris climate accord is a historically The slogan is: ‘‘We are on it.’’ STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT.

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