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, MARCH 13, 2019 No. 45 Senate The Senate met at 9:30 a.m. and was ceed to executive session to resume finally getting a floor vote. This point- called to order by the President pro consideration of the following nomina- less obstruction needs to change, but I tempore (Mr. GRASSLEY). tion, which the clerk will report. am glad we can at least confirm Mr. f The legislative clerk read the nomi- Beach this week. nation of Neomi J. Rao, of the District YEMEN PRAYER of Columbia, to be United States Cir- Madam President, now, on another The Chaplain, Dr. Barry C. Black, of- cuit Judge for the District of Columbia matter, the Senate will soon vote on a fered the following prayer: Circuit. resolution under the War Powers Act. I O God, our righteous judge, the up- RECOGNITION OF THE MAJORITY LEADER right will behold your face. Lord, we strongly oppose this unnecessary and The PRESIDING OFFICER. The ma- counterproductive resolution and urge thank You for Your power that keeps jority leader is recognized. us from stumbling on life’s road. our colleagues to join me in opposing NOMINATIONS it. Today, give our Senators the wisdom Mr. MCCONNELL. Madam President, to find in You their refuge and From the outset, let me say this. I yesterday the Senate confirmed a well- believe it is right for Senators to have strength. As they face complex chal- qualified jurist chosen by President lenges, may they flee to You for guid- grave concerns over some aspects of Trump to serve on the Third Circuit Saudi Arabia’s behavior, particularly ance and fellowship. Lord, as they Court of Appeals. Paul Matey of New make You the foundation of their hope the murder of Jamal Khashoggi. That Jersey will bring a wealth of experi- is not what this resolution is about, and joy, empower them to run life’s ence to the bench, and I was proud to race without weariness, knowing that however. In December, the Senate support his nomination. voted on a resolution that addressed Your bountiful harvest of goodness is We also voted to advance the nomi- this institution’s concerns about Saudi certain. nation of Neomi Rao to the DC Circuit. Arabia. We pray in Your merciful Name. This nominee is yet another of the Amen. President’s excellent choices to serve If Senators continue to have con- f as a Federal judge. cerns about Saudi behavior, they should raise them in hearings and di- PLEDGE OF ALLEGIANCE Ms. Rao graduated with honors from Yale and the University of Chicago rectly with the administration and di- The President pro tempore led the School of Law. Her record includes a rectly with Saudi officials, as I have Pledge of Allegiance, as follows: distinguished tenure in academia, pub- done, and they should allow a vote on I pledge allegiance to the Flag of the lic and private sector legal experience, the confirmation of retired GEN John United States of America, and to the Repub- as well as a clerkship on the U.S. Su- Abizaid, whose nomination to be U.S. lic for which it stands, one nation under God, preme Court. Ambassador to Riyadh is being held up indivisible, with liberty and justice for all. Most importantly, in testimony be- once again by Democratic obstruction. f fore our colleagues on the Judiciary They should also allow a vote on the RESERVATION OF LEADER TIME Committee, she demonstrated a com- nomination of David Schenker to be Assistant Secretary of State for Near The PRESIDING OFFICER (Mrs. mitment to maintaining the public trust and upholding the rule of law. So Eastern Affairs. He has been held up BLACKBURN). Under the previous order, here for nearly a year. If we want to leadership time is reserved. the committee favorably reported Ms. Rao’s nomination, and soon the Senate solve problems in the Middle East f will have an opportunity to continue through diplomacy, we will need to CONCLUSION OF MORNING fulfilling our advice and consent re- confirm diplomats. BUSINESS sponsibilities by voting to confirm her Regarding Yemen, it is completely The PRESIDING OFFICER. Morning to the Federal bench. understandable that Senators have business is closed. We will also vote this afternoon on concerns over the war, the American the nomination of William Beach, who interests entangled in it, and its con- f has been waiting for over a year to sequences for Yemeni civilians. I think EXECUTIVE SESSION take his post as Commissioner of Labor there is bipartisan agreement, shared Statistics. Our colleagues on the HELP by the administration, that our objec- Committee recommended Mr. Beach to tive should be to end this horrible con- EXECUTIVE CALENDAR the floor in December of 2017. A full flict, but this resolution doesn’t end The PRESIDING OFFICER. Under year later, with no progress, he was re- the conflict. It will not help Saudi pi- the previous order, the Senate will pro- turned to the White House. Now he is lots avoid civilian casualties. It will

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

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We only provide limited noncom- protection act, a scheme to limit away their cars whether they want bat support to the U.N.-recognized America’s First Amendment right to that or not. It certainly is difficult to Yemeni Government and to the Saudi- political speech and force taxpayers to put a price tag on unilaterally dis- led coalition. It certainly does not— subsidize political campaigns, includ- arming the entire U.S. economy with does not—constitute hostilities. ing ones they disagree with. It did not this kind of self-inflicted wound while Second, there are real threats from earn a single Republican vote in the other nations, such as China, go roar- the Houthis in Yemen whom Iran, as House, by the way. Thank goodness. ing by—roaring by. we all know, is backing. Missiles and Ideas like Medicare for None, which By definition, global emissions are a explosives are being aimed at civilians, could spend more than $32 trillion to global problem. Even if we grant the anti-ship missiles are being fired at hollow out seniors’ health benefits and Democrats’ unproven claim that vessels in key shipping lanes of global boot working families from their cho- cratering American industries and out- importance. sen plans into a one-size-fits-all gov- lawing the energy sources that middle- If one of those missiles kills a large ernment scheme. class families can afford would produce number of Saudi or Emirati civilians, Even the soaring costs and massive the kinds of emissions changes they let alone Americans who live in Riyadh disruption that plan would cause are after, we need to remember that or Dubai, say goodbye to any hope of a American families are dwarfed— the United States is only responsible negotiated end to this conflict. These dwarfed—by the grandiose scheme they for about 15 percent of the world’s threats will not evaporate. They are are marketing as the Green New Deal. greenhouse gas emissions—only 15 per- By now, we are all familiar with the not going to go away if the United cent of the global total. major thrust of the proposal: powering States ends its limited support. So I According to the Department of En- down the U.S. economy, and yet some- think of the American citizens who live ergy, the United States cut our own en- how also creating government-directed in the regions. ergy-related carbon emissions by 14 economic security for everyone—for Third, our focus should be on ending percent from 2005 to 2017. So we cut everyone—at the same time. the war in Yemen responsibly. Pulling carbon emissions in this country sig- Naturally, accomplishing all this is nificantly from 2005 to 2017. Well, it is the plug on support to our partners quite a tall order. According to the only undermines the very leverage and appropriate to ask, what did the rest of Democrats’ resolution, it will require the world do? They kept soaring higher influence we need to help facilitate the overhauling every building in America U.N.’s diplomatic efforts. The United and higher. to meet strict new codes, overseen, of In the same period that the United States will be in a better position to course, by social planners here in encourage the Saudi-led coalition to States cut our energy-related carbon Washington. It would require banning emissions by 14 percent, the Inter- take diplomatic risks if our partners the production of American coal, oil, national Energy Agency found that trust that we appreciate the signifi- and natural gas in 10 short years and worldwide, energy-related carbon emis- cant, legitimate threats they face from cracking down on transportation sys- sions rose by 20 percent everywhere the Houthis. tems that produce any emissions, else. China—the world’s largest carbon Fourth, we face real threats from al- which, as one hastily deleted back- emitter—increased its emissions dra- Qaida in the Arabian Peninsula. We ground document made clear, is just a matically over that period. So, believe need cooperation from Yemen, the polite way of saying Democrats want me, if Democrats succeeded at slowing UAE, and Saudi Arabia to defeat those to eventually ban anything with a the U.S. economy and cutting our pros- terrorists. So we should think twice motor that runs on gasoline. They perity because they think it will save about undermining these very partners want to ban anything with a motor the planet, China will not pull over by whose cooperation we obviously need that runs on gasoline. the side of the road to keep us com- for our own security. I thought ‘‘Abolish ICE’’ was bad pany; they will go roaring right by us. Here is my bottom line. We should enough when Democrats were rallying The proposal we are talking about is, not use this specific vote on a specific to close down all of Immigration and frankly, delusional—absolutely delu- policy decision as some proxy for all Customs Enforcement, but now what sional. It is so unserious that it ought the Senate’s broad feelings about for- do we get? The far left also wants to to be beneath one of our two major po- eign affairs. Concerns about Saudi abolish the internal combustion en- litical parties to line up behind it. human rights issues should be directly gine. I gather somewhere around that The Washington Post editorial addressed with the administration and time is when the miraculous, promised board—not exactly a bastion of con- with the Saudi officials. That is what I universal job guarantee would kick in servatism—dismissed the notion that have chosen to do. That is what I rec- as well. It is just a good, old-fashioned, ‘‘the country could reach net-zero ommend others do. state-planned economy—garden-vari- greenhouse-gas emissions by 2030’’ as As for Yemen, we need to ask what ety 21st-century socialism. ‘‘an impossible goal.’’ action will actually serve our goal; Our Democratic colleagues have In a clear sign of how rapidly Demo- that is, working with partners to en- taken all the debunked philosophies of crats are racing to the far left, Presi- courage a negotiated solution. the last 100 years, rolled them into one dent Obama’s own Energy Secretary Withdrawing? Would withdrawing giant package, and thrown a little said the same thing. He said: ‘‘I just our support facilitate efforts to end the ‘‘green’’ paint on them to make them cannot see how we could possibly go to war, or just embolden the Houthis? look new, but there is nothing re- zero carbon in the 10-year timeframe.’’ Would sending this signal enhance or motely new about a proposal to cen- These Washington Democrats’ weaken our leverage over the Saudi-led tralize control over the economy and leftward sprint is leaving Obama ad- coalition? Would voting for this resolu- raise taxes on the American people to ministration officials in the dust and tion strengthen the hand of the U.N. pay for it. even parts of their own base. Listen to Special Envoy, Martin Griffiths, or in Margaret Thatcher famously said what Democrats’ usual Big Labor allies fact undermine his work? Would we that the trouble with socialist govern- have to say about this socialist night- prefer that Saudi Arabia and the UAE ments is ‘‘they always run out of other mare. Union leaders with the AFL–CIO go to China and Russia for assistance people’s money.’’ How often have we say this proposal ‘‘could cause imme- instead of the United States? heard that? Well, this dangerous fan- diate harm to millions of our members The answers to these questions is tasy would burn through the American and their families.’’ That is what the pretty clear. We need to vote no on this people’s money before it even got off AFL–CIO union leaders said. Imme- misguided resolution. the launchpad. diate harm to American workers,

VerDate Sep 11 2014 23:59 Mar 13, 2019 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.002 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1809 American farmers, American families, den, because Donald Trump says he what he is doing is so wrong—a low and America’s future, and nowhere wants to declare an emergency, are moment for this Senate and its Repub- near enough reduction in global emis- people going to succumb? lican friends. sions to show for it. It is a self-inflicted The Founding Fathers would be roll- When it comes to the Constitution, wound for the low price, by one esti- ing in their graves. They would be roll- you ought to stand up to fear and do mate, of somewhere in the neighbor- ing in their graves for any President, the right thing no matter who is in the hood of $93 trillion. let alone this one who we know over- White House. My Republican friends This is not based on logic or reason; reaches in terms of power and who we know the right thing to do. They it is just based on the prevailing fash- know has no understanding of the ex- should not be afraid to do it. ions in New York and San Francisco. quisite and delicate balance that Last I checked, we all took the same That is what is defining today’s Demo- James Madison, George Washington, oath of office. What did it say? ‘‘Uphold crats. Thomas Jefferson, and so many others the Constitution.’’ There are different views on the Con- ORDER OF BUSINESS created in the Constitution and the stitution, but I haven’t heard one con- Madam President, I ask unanimous Bill of Rights. stitutional scholar—left, right, or cen- consent that following the disposition Do our Republican friends stand for ter—say that this upholding the Presi- of the Beach nomination, the Senate conservative principles? Do they stand dent on this emergency is the right resume legislative session for a period for any principles at all, or do they just thing to do in terms of the Constitu- of morning business, with Senators take a loyalty pledge to President tion. I hope my Republican friends will permitted to speak for up to 10 minutes Trump and meekly do whatever he join us. each, and that there be 30 minutes of wants? It is that simple. There are a lot of issues on which we Now, it seems, from what I read in debate controlled by Senator ERNST or disagree. There are lots of times our the press reports this morning, that her designee. some Senators are in search of a fig The PRESIDING OFFICER. Without Republican friends bow to President Trump, but there ought to be an excep- leaf. They want to salve their con- objection, it is so ordered. sciences. They know this is the wrong Mr. MCCONNELL. I suggest the ab- tion. And if there ever were an excep- tion, it should be this. thing to do. sence of a quorum. They came up with this idea that will The PRESIDING OFFICER. The Many of my Republican colleagues rightly stood up and told the President change the emergency declaration for clerk will call the roll. future moments. Reports indicate that The legislative clerk proceeded to not to take this action. Leader MCCON- NELL himself said it was a bad idea, a a group of Republican Senators are call the roll. pushing legislation that would ignore Mr. SCHUMER. Madam President, I bad precedent, contravenes the power of the purse, a dangerous step, an ero- the President’s power grab but limit ask unanimous consent that the order future emergency declarations—what for the quorum call be rescinded. sion of congressional authority. And they, our Republican friends, were bunk, what a fig leaf. That will not The PRESIDING OFFICER. Without pass. objection, it is so ordered. right. The President himself said he ‘‘didn’t need to do this.’’ That is not an To my friend, the Senator from Utah, RECOGNITION OF THE MINORITY LEADER emergency. who I know does have constitutional The PRESIDING OFFICER. The Are we going to say that anytime a qualms, he is squirming. His legislation Democratic leader is recognized. President can’t get his or her way with will not pass. DECLARATION OF NATIONAL EMERGENCY Congress, they can declare an emer- Let me just read you what Leader Mr. SCHUMER. Madam President, gency and Congress will meekly shrug PELOSI said a few minutes ago. This is tomorrow, the Senate will vote on a its shoulders and walk by and bow in from her statement: resolution to terminate the President’s obeisance to any President, Demo- Republican Senators are proposing new emergency declaration—a declaration cratic or Republican? What a disgrace. legislation to allow the President to violate that undermines our separation of pow- the Constitution just this once in order to This is one of the true tests of our give themselves cover. The House will not ers in order to fund the President’s Republican colleagues—one of the true take up this legislation to give President wall with American taxpayer dollars, tests—because it has always been the Trump a pass. despite Candidate Trump’s repeated Democratic Party that has been for a Do you hear me, my colleagues—my promises that Mexico would pay for it. stronger Executive. Dwight Eisenhower Republican colleagues? This will not The resolution could not be any sim- was worried about too much power pass. This is not a salve. It is a very pler. All it says is this, one single sen- going to the President, and so was Ron- transparent fig leaf. If you believe the tence: ‘‘Resolved by the Senate and ald Reagan. Where are our Republican President is doing the wrong thing, if House of Representatives of the United friends now? Has Donald Trump turned you believe there shouldn’t be an emer- States of America in Congress assem- this Republican Party and its conserv- gency, you don’t say: Well, in the Con- bled, That, pursuant to section 202 of ative principles so inside out that we gress we will introduce future legisla- the National Emergencies Act . . . the can’t even get four votes to declare tion to change it, and, then, when the national emergency declared by the that this isn’t an emergency, that we President declares another emergency, finding of the President on February can’t get 20 votes to say to the Presi- we will do new legislation to allow that 15, 2019, in Proclamation 9844 . . . is dent that we will override this, because too. hereby terminated.’’ this is far more important than any Come on. This fig leaf is so easily That is it in the entirety. There are view on the wall or the southern bor- seen through, so easily blown aside no political games here. There is no der, which we all know has been going that it leaves the constitutional pre- ‘‘gotcha.’’ There is no discussion as to on for a long time. While the President tensions of my Republican colleagues whether we need a wall, whether there thinks it is an emergency, Congress naked. The fig leaf is gone. Don’t even is a crisis on the southern border. It clearly didn’t. Even when Republicans think that it will have anything to do simply says that this is not an emer- controlled the House and Senate, they with what we are doing. gency. did nothing about the wall. I hope my colleagues will stand The vote tomorrow boils down to I have talked to a lot of my Repub- strong. What the Republicans want to something very simple for our Repub- lican colleagues. They know what this say with this fig leaf is, to paraphrase lican friends: Do you believe in the is all about. Everyone here knows the St. Augustine, ‘‘Grant me the courage Constitution and conservative prin- truth. The President did not declare an to stand up to President Trump, but ciples? There are all of these self-pro- emergency because there is one; he de- not yet.’’ claimed conservatives. Well, the No. 1 clared an emergency because he lost in Next time and next time and next tenet of conservatism is that no one, Congress and wanted to go around it. time they will say the same thing. particularly an Executive, a President, He has no principles in terms of con- Let’s do the right thing. Let’s tell should have too much power. That has gressional balance of power. We know the President that he cannot use his been what conservatives have stood for that. We all know that. So to bow in overreaching power to declare an emer- through the centuries, and all of a sud- obeisance to him when we all know gency when he couldn’t get Congress to

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This is an example ties, LGBTQ individuals, immigrants, the whole Constitution and the whole of China’s being able to cascade huge and the environment. process. amounts of products into America and The courts, with non-Trump judges, BUDGET PROPOSAL not letting us sell our products freely have been the constitutional guardrails President Trump put out his budget there, or seldom, under such conditions stopping the Trump administration’s yesterday. It says ‘‘promises kept.’’ that it isn’t worth it, such as turning deeply questionable policies and deci- That is one of the biggest lies I have our intellectual property and know- sions, such as separating immigrant ever seen because if you look at the how to China or to Chinese Govern- children from their parents, summarily booklet, it is promises broken. ment-controlled companies. ending DACA protections, and asking The President said he would never Lighthizer is doing a good job, but I whether census respondents are U.S. cut Medicare and Medicaid. He slashes worry that the President is more fo- citizens. All of these administration them. It is an $845 billion cut to Medi- cused on getting a win than getting a decisions have been stopped, for now, care and $1.5 trillion cut to Medicaid. good deal. The President should be by Federal judges. The President says he believes in a proud that he stood up to North Korea Trump’s judicial nominees have ex- strong infrastructure bill. Promises and walked away. He should do the tensive records of advocating for right- kept? This bill cuts transportation by same thing here. wing, ideologically-driven causes. In over 20 percent. President Xi is not going to give him fact, these records are the reasons they The President said that education is much, and the President should have are being nominated in the first place. the civil rights of this generation. the guts to walk away because China is The nominees tell us to ignore their Promises kept? The President cuts edu- in a much weaker position, in part, be- records and trust them when they say cation dramatically. cause of the tariffs that the President they will follow precedent and rule im- On issue after issue after issue, the correctly imposed on China. partially, but after they are confirmed President’s budget shows the real If the President walks away from a as judges, they can ignore promises President Trump and how far away he weak deal, the odds are very high that made under oath during their con- is from the promises he makes to the he will be able to come back to the firmation hearing because they can. working people of America. Many of table with a much better deal because Short of impeaching these judges, them are catching on, many more will, China will have to relent. Stay strong. there is nothing we can do about it— and this budget will be a way to show Don’t cave. This is America’s whole fu- great for them, not great for Ameri- who the President is. ture at stake. cans. By the way, the average Trump judge Even worse—not ‘‘even worse,’’ but I yield the floor. compounding the injury—there are The PRESIDING OFFICER (Mr. tends to be younger, less diverse, and less experienced. They will be making huge giveaways to the wealthy, more CRAMER). The Senator from Hawaii. tax breaks for the wealthiest of Ameri- rules that affect our lives for decades. JUDICIAL NOMINATIONS This week we are considering yet an- cans. At a time when income distribu- Ms. HIRONO. Mr. President, two other Trump nominee, Neomi Rao, who tion is getting more and more skewed weeks ago, the Senate broke a century should make us seriously ask how far to the top, when so much of the wealth of precedent and confirmed a judge, the majority leader is willing to go to of America and even the income of Eric Miller, to the Ninth Circuit over let Donald Trump pack the courts with America goes to the top few, to have a the objection of both home State Sen- extreme nominees and undermine the budget that hurts the middle class, ators. independence and impartiality of the that hurts those trying to struggle to Last week, the majority leader filed Federal judiciary. get to the middle class and makes it cloture on two circuit court nominees, Neomi Rao is a nominee who has not even easier for the wealthy to garner Paul Matey for the Third Circuit and only expressed offensive and controver- even more money—how out of touch is Neomi Rao to replace Brett Kavanaugh sial views in her twenties, but she has this budget? in the DC Circuit. also continued to make concerning I repeat my challenge. Leader Yesterday, Paul Matey became the statements as a law professor. Her re- MCCONNELL, this is your President. second person in Senate history, after cent actions as Donald Trump’s Admin- You seem to go along with him. Put Eric Miller, to be confirmed without istrator of the Office of Information this budget on the floor. Let’s see if blue slips from both home State Sen- and Regulatory Affairs, OIRA, have even a single Republican will vote for ators. By eliminating the blue slip—a shown that her controversial state- it. I would like to ask every one of my century-old policy that requires mean- ments in her twenties cannot be ig- 53 Republican colleagues: How many of ingful consultation between the Presi- nored as merely youthful indiscretions. you will say, ‘‘I support this budget’’? I dent and home State Senators on judi- At the hearing, I asked her why, as a bet not one—not one. cial nominations—Senate Republicans law professor, she defended dwarf-toss- This budget is a slap on the face to have been able to speed through con- ing by arguing that a ban on dwarf- every American who has worked hard firming partisan judges with strong tossing ‘‘coerces individuals’’ to accept every day, paid his or her taxes, ex- ideological perspectives and agendas. a societal view of dignity that negates pects Medicare in retirement, expects Donald Trump appointed 30 circuit the dignity of an individual’s choice to some way to afford healthcare for re- court judges in his first 2 years in of- be tossed. tirement. fice. That is 17 percent of the Federal Does she seriously believe that President Trump’s budget is inhu- appellate bench. By contrast, President dwarfs who are tossed do not share a mane. We Democrats will fight it and Obama appointed only 16 circuit court societal view of dignity that being fight these heartless cuts at every sin- judges in his first 2 years in office, and tossed is an affront to human dignity? gle turn. President George Bush appointed 17. Ms. Rao asserted that she was only TARIFFS Donald Trump and the majority lead- talking about a particular case and not Finally, on China, yesterday U.S. er, with the help of the chair of the Ju- taking a position one way or another Trade Representative Robert diciary Committee, are breaking near- on these issues. It is hard to under- Lighthizer told the Senate Finance ly every rule that stands in their way stand what distinction she is making, Committee that he could predict the to stack, at breakneck speed, the Fed- but describing a ban on dwarf-tossing success of a trade agreement with eral courts with deeply partisan and as not coercion is bizarre, especially China, saying there are major issues ideological judges. coming from someone who purports to left to be resolved. I hope these major And why are they doing this? They worry about the dignitary harm caused issues are the sinew—the meat—of are packing the courts to achieve, by affirmative action or diversity in what China does to us. through the courts, what they haven’t education programs.

VerDate Sep 11 2014 23:59 Mar 13, 2019 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.005 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1811 When I asked her about the strong repeatedly wrote offensive statements I yield the floor. ideological perspectives reflected in about date rape and sexual assault that The PRESIDING OFFICER. The ma- her writings and public statements, she disparaged survivors. In writing about jority whip. claimed that she ‘‘come[s] here to this date rape, she argued that if a woman THE GREEN NEW DEAL committee with no agenda and no ide- ‘‘drinks to the point where she can no Mr. THUNE. Mr. President, desperate ology and [she] would strive, if [she] longer choose, well, getting to that to distract from the $93 trillion price were confirmed, to follow the law in point was part of her choice.’’ tag of their so-called Green New Deal, every case.’’ In criticizing the feminist movement, the Democratic leadership here in the Ms. Rao would have us ignore all of she asserted she was ‘‘not arguing that Senate has been coming down to the her controversial statements and posi- date rape victims ask for it’’ but then floor to claim that Republicans are ig- tions and simply trust her blanket as- argued that ‘‘when playing the modern noring climate change. sertion that she has no agenda or ide- dating game, women have to under- On February 14, the Democratic lead- ology. In this, she is like the other stand and accept the consequences of er came to the floor and said: ‘‘Since Trump judicial nominees. their sexuality.’’ Republicans took control of this Cham- As a college student, Ms. Rao criti- At her hearing and in a subsequent ber in 2015, they have not brought a cized environmental student groups for letter to this Committee, Ms. Rao tried single Republican bill to meaningfully focusing on ‘‘three major environ- to walk away from these offensive reduce carbon emissions to the floor of mental boogymen, the greenhouse ef- writings, stating that she ‘‘regret[s]’’ the Senate. Not one bill.’’ That is a fect, the depleting ozone layer, and the some of them and believes ‘‘[v]ictims quote from the Democratic leader just dangers of acid rain . . . though all should not be blamed.’’ But at the a month ago. three theories have come under serious hearing she continued to insist that That would be news to me, and I scientific attack.’’ her prior controversial statements think it would be news to some Demo- More than two decades later, Ms. Rao were ‘‘only trying to make the com- cratic Senators here, as well. On Janu- demonstrated the same disregard for monsense observation about the rela- ary 14 of this year, for example, the environmental concerns as the Admin- tionship between drinking and becom- President signed into law the Nuclear istrator of the Office of Information ing a victim.’’ That is not how her Energy Innovation and Modernization and Regulatory Affairs, OIRA. In this statements came across. Act. That legislation, led by Repub- position she has consistently used her She seems to acknowledge that by lican Senator BARRASSO and cospon- power and influence to strip away crit- further claiming that if she were ad- sored by both Republicans and Demo- ical protections for clean air and clean dressing campus sexual assault and crats, paves the way for new advanced water. For example, Ms. Rao supported rape now, she ‘‘would have more empa- nuclear technologies, which will help efforts to replace the Clean Power thy and perspective.’’ That claim rings further reduce carbon emissions. Plan, which would have reduced green- hollow, as she only recently oversaw Here is what the Democratic ranking house gas emissions with a rule that the Trump administration’s proposed member of the Environment and Public title IX rule that would make it harder would actually increase air pollution Works Committee had to say about for college sexual assault survivors to and could lead to up to 1,400 additional this bill: come forward and obtain justice. Nuclear power serves as our nation’s larg- premature deaths. Among other things, the proposed Her claim that she would simply fol- est source of reliable, carbon-free energy, rule would require schools to conduct a low precedent is also contradicted by which can help combat the negative impacts live hearing where the accused’s rep- of climate change and at the same time, fos- her statements and positions relating resentatives can cross-examine the sur- ter economic opportunities for Americans. to racial injustice. In her twenties, vivor. It would also have the school use . . . This is another important step in our while discussing the Yale Women’s a higher burden of proof for sexual mis- fight against climate change. Center and what she called ‘‘cultural conduct cases than for other mis- That is from the Democratic ranking awareness groups,’’ she argued that conduct cases. member of the Senate Environment ‘‘[m]yths of sexual and racial oppres- I will close by noting that Ms. Rao and Public Works Committee. Let me sion propogate [sic] themselves, create previously criticized the Senate Judici- repeat that. ‘‘This is another impor- hysteria and finally lead to the forma- ary Committee’s confirmation hearings tant step in our fight against climate tion of some whining new group.’’ for judicial nominees. In writing about change.’’ That is coming from a key I just wonder, what are these whining the Supreme Court confirmation proc- Democrat on a key committee that new groups that she refers to? Could it ess, she complained that nominees are deals with this issue. That is not a Re- be women who want to support pro- ‘‘coached to choose from certain stock publican talking; that is the Demo- grams that support women? answers,’’ such as ‘‘repeatedly cratic ranking member of the Environ- In 2015, as a law professor, she dispar- alleg[ing] fidelity to the law.’’ ment and Public Works Committee. agingly described the Supreme Court Back then she readily acknowledged Then, of course, there is the Fur- case that reaffirmed the Fair Housing that ‘‘judges draw on a variety of tools thering Carbon Capture, Utilization, Act’s protections against disparate im- in interpreting the law, and that these Technology, Underground Storage, and pact discrimination as a ‘‘rul[ing] by tools differ for judges based on their Reduced Emissions Act. Granted, that talking points,’’ not law. constitutional values.’’ But now that is a fairly long title. Several Repub- In Texas Department of Housing v. she has been nominated to become a licans are original cosponsors of that. Inclusive Communities Project, the Su- judge, she is the one giving the Judici- It became law as part of the Bipartisan preme Court recognized that the dis- ary Committee the formulaic ‘‘stock Budget Act of 2018. The FUTURE Act, parate impact doctrine is an important answers’’ that she criticized. as it is referred to, extends and expands way ‘‘to counteract unconscious preju- Before she became a judicial nomi- tax credits for facilities with carbon dices and disguised animus’’ based on a nee, she indicated that nominees capture, utilization, and sequestration policy’s discriminatory effects. Despite should not be confirmed ‘‘based on in- technologies, which are referred to as the Supreme Court precedent, when cantations of the right formulas with- CCUS technologies. Ms. Rao became the OIRA Adminis- out an examination of their actual be- Here is what the Clean Air Task trator, she began working to weaken liefs.’’ We should hold her to her own Force had to say about this legislation: rules protecting against disparate im- words. [T]he U.S. Congress took a landmark step pact discrimination—upheld by the Su- An examination of Ms. Rao’s record by passing one of the most important bills preme Court, by the way—particularly and actual beliefs show that the con- for reducing global warming pollution in the in the area of housing. troversial views she held in her last two decades. Her writings and actions related to twenties are not so different from her That is a quote from the Clean Air sexual assault and rape are another statements and actions as a legal pro- Task Force and what they had to say reason we should be hesitant to believe fessional. That is why I will be voting about that legislation. her claim that she will merely follow against Ms. Rao’s nomination, and I Then there is the Nuclear Energy In- the law free of her strongly held ideo- strongly urge my colleagues to do the novation Capabilities Act, led by Re- logical views. In her twenties, Ms. Rao same. publican Senator MIKE CRAPO, which

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That is lence in all areas of his work across the Senator from Rhode Island had to say right—it has taken us 230 years to national security spectrum. about this legislation: spend the amount of money Democrats His passion to serve first led him to Partnerships between the private sector want to spend in 10. become a special agent for the U.S. Se- and our world-class scientists at national Even attempting to pay for the Green cret Service, where he expertly con- labs will help bring new technologies forward New Deal would devastate working ducted investigations of violations of to compete against polluting forms of en- families, who would be hit with incred- Federal criminal law and threats ergy. . . . I am proud to have worked with ibly high new taxes. Let’s be very clear Senator CRAPO to get this bipartisan energy against the President and Vice Presi- legislation over the finish line. about this. This is not a plan that can dent. He worked diligently to ensure be paid for by taxing the rich. Taxing Here is what the junior Democratic that the safety and security of the every family making more than Senator from New Jersey had to say: President, the Vice President, and nu- $200,000 a year at a 100-percent tax rate merous foreign heads of state were Reducing our carbon emissions as quickly for 10 years wouldn’t get Democrats as possible requires prioritizing the develop- without question. Christian also served ment and commercialization of advanced nu- anywhere close to $93 trillion. Taxing a pivotal role in the design, prepara- clear reactors, which will be even safer and every family making more than tion and execution of the security plan more efficient than current reactors. Pas- $100,000 a year at a 100-percent tax rate for the 2005 Presidential Inaugural Pa- sage of this legislation will provide critical for 10 years would still leave Demo- rade. Christian’s focus on supporting support to startup companies here in the crats short of $93 trillion. national security efforts continued United States that are investing billions of Of course, the amount of money we when he transitioned to the private dollars in these next generation reactor de- are talking about, as horrifying as it sector. signs. is, is just one negative aspect of the While working with Booz Allen Ham- Here is what the Democratic whip Green New Deal. Democrats’ Green ilton, he skillfully developed time-sen- himself had to say: New Deal is a full-blown socialist fan- sitive and complex tactical solutions I was proud to join Senator CRAPO on this tasy that would put the government in bipartisan bill. for classified U.S. intelligence clients. charge of not just energy but With The Cohen Group, Christian pro- I could go on. I could talk about the healthcare and all the other various as- vided strategic insights that enabled 2018 farm bill, which, in the words of pects of the American economy. key clients to meet their evolving Earth Justice, contains ‘‘a number of One of the Green New Deal’s authors global security needs. At the USIS, he provisions that incentivize more cli- posted and then deleted a document also seamlessly managed complex, mate-friendly practices.’’ I serve on from her website noting that the Green classified programs for the U.S. intel- that committee. I was involved in the New Deal would provide economic se- ligence community and for Federal law conservation title and the drafting of curity for those unable or unwilling to enforcement Agencies, substantially that, including a number of provisions work. That is right—in the Democrats’ strengthening their counterterrorism in there. I could talk about the provi- socialist fantasies, apparently the gov- capabilities. sion in the Bipartisan Budget Act of ernment will provide you with eco- Christian subsequently joined the 2018 to ensure the completion of our nomic security if you are unwilling to Senate Select Committee on Intel- first two new nuclear reactors in a gen- work. Let’s hope there are enough will- ligence. It is hard to know where to eration, which will prevent 10 million ing workers to fund those who are un- start to list his many accomplish- tons of carbon dioxide emissions annu- willing to work. After all, that $93 tril- ments. In the last 8 years, he has done ally; or the extension of wind and solar lion has to come from somewhere. everything, and he has done it all to clean energy tax credits; or the bipar- It is no wonder that Democrats are his own exceedingly high standards. He tisan America’s Water Infrastructure trying to change the subject when it initially served with the audits team Act, which will help advance hydro- comes to the Green New Deal. They and was intricately involved in the power projects—a significant source of don’t want to have to defend the spe- committee’s oversight of the U.S. in- emission-free energy. cifics of their plan because their plan telligence community’s 17 intelligence Suffice it to say that Republican is, frankly, indefensible. Senators have passed more than one If the Democrats would like to have Agencies. By conducting thorough re- bill to protect our environment and a serious discussion about energy, they views of specific intelligence programs, help America achieve a clean energy should repudiate the unfathomably ex- his expert knowledge and deep insight future, and we are not stopping here. pensive Green New Deal and join Re- enabled the committee to identify So why all the misdirection on the part publicans in focusing on ways to secure items of concern and outline proposals of the Democrats? I am sure Democrats a clean energy future without dev- for their improvement. think it is politically advantageous to astating the economy or bankrupting It quickly became clear to me that portray themselves as the only party working families. Christian had an unsurpassed capa- that is invested in clean energy. Mr. President, I yield the floor. bility to conduct intelligence oversight Then, of course, Democrats are des- I suggest the absence of a quorum. but also a unique ability to analyze perate to distract from the details of The PRESIDING OFFICER. The complex challenges and identify solu- the $93 trillion Green New Deal that clerk will call the roll. tions. At that time, I personally se- their Presidential candidates have em- The senior assistant legislative clerk lected him to be my designee on the braced. That is right—I said $93 tril- proceeded to call the roll. committee. As my designee, he lion. One think tank has released the Mr. BURR. Mr. President, I ask unan- expertly analyzed and advised me on first estimate of what the Green New imous consent that the order for the the myriad of threats across the intel- Deal will cost, and the answer is be- quorum call be rescinded. ligence landscape. tween $51 trillion and $93 trillion over The PRESIDING OFFICER. Without He also flawlessly facilitated the de- 10 years. That is an incomprehensible objection, it is so ordered. velopment, passage, and implementa- amount of money. TRIBUTE TO CHRISTIAN COOK tion of critical intelligence-related leg- For comparison, the entire Federal Mr. BURR. Mr. President, I rise to islation in this body. budget for 2019 is less than $5 trillion. recognize a gentleman by the name of Several of Christian’s colleagues The 2017 gross domestic product for the Christian Cook. have had the privilege to work with entire world, the entire planet, came to Christian Cook has been a vital mem- him for years. When asked what words $80.7 trillion—more than $10 trillion ber of the staff on the Senate’s Select best describe Christian, numerous clear less than Democrats are proposing to Committee on Intelligence for the last themes resound, such as dedication, his spend on the Green New Deal. Ninety- 8 years and has been my personal des- passion for our Nation and its security,

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very high standards, devotion to mis- less than 31⁄2 days, and that was done border that was not manufactured by sion, and for always ensuring that the regularly. Now he will have an oppor- the Trump administration. In fact, the trains run on time. tunity to get some normalcy to his life. denial in which a lot of our Democratic Without fail, Christian is the person Christian’s unwavering support to me colleagues find themselves I think is all staff goes to for insight, for guid- has been impeccable. I am delighted to more related to the fact that President ance, and assistance with getting their have the opportunity to publicly thank Trump is the one currently identifying job done. His colleagues appreciate his him and to note my personal apprecia- it rather than the facts on the ground honesty, his integrity, and his ability tion for his dedication. He has earned because, in 2014, President Obama to disarm anyone with a laugh and a our deepest respect, our admiration, called what was happening at the bor- warm word of appreciation. and we will miss his devotion and his der a humanitarian crisis, and that did When I became chairman of the Sen- friendship. His positive impact on U.S. not seem to be a controversial com- ate Select Committee on Intelligence, national security and his legacy within ment at the time, but now that Presi- Christian was my clear choice to serve the Senate Select Committee on Intel- dent Trump is calling this a crisis and as my senior policy adviser and deputy ligence will remain for years to come. emergency, people, unfortunately, staff director. In these critical roles, I know I join the other 14 members in can’t take off their partisan jersey, and Christian expertly led the development publicly saying to Christian that we many call it a fake emergency or fake and implementation of the strategic di- wish him great success in the next crisis, which is demonstrably false. rection for the 15 Members of the U.S. chapter of life. We hope this one gives Let’s go back to 2014. That year, Senate who sit on this committee and him the opportunity to see his children about 68,000 families were apprehended the committee staff. Regularly arriv- grow and to grow his relationship with at the southern border, an over- ing at the office long before sunrise, he his wife. whelming number. This, coupled with directed the day-to-day planning and I yield the floor. an unprecedented surge of unaccom- execution of the committee’s key over- I suggest the absence of a quorum. panied children, led President Obama, sight functions, to include establishing The PRESIDING OFFICER. The as I mentioned, to call this a ‘‘growing and managing the committee’s com- clerk will call the roll. humanitarian and security crisis.’’ plex open and closed hearing schedule, The legislative clerk proceeded to That was President Obama. He was facilitating the confirmation process call the roll. right, especially about the growing for numerous Presidential nominees, Mr. CORNYN. Mr. President, I ask part. and managing the ongoing interactions unanimous consent that the order for Let me just pause for a moment to between members of the committee the quorum call be rescinded. talk about why are we seeing children and the leaders of 17 intelligence Agen- The PRESIDING OFFICER. Without and families coming across the border cies. He also adeptly coordinated the objection, it is so ordered. as opposed to adult men. collaboration with other congressional BORDER SECURITY We detained about 400,000 people committees and managed the daily ac- Mr. CORNYN. Mr. President, the coming across the border last year, but tivities of the committee’s professional news cycle is relentless here in Wash- we are seeing more and more unaccom- staff and administrative staff. ington, DC, and between cable TV and panied children and family units com- Separately and concurrently, Chris- social media, it is pretty hard to re- ing across the border. The simple fact tian also continued to serve as my in- member what happened an hour or a is, the criminal organizations that ex- telligence and national security advi- day or a week ago, but it is important ploit this vulnerability at our border sor, providing keen insight and valu- to talk about the context surrounding have figured out what our laws provide able advice on the full range of na- today’s circumstances, and that is why for and where the gaps are, and they tional security challenges. Throughout I wanted to come talk a little bit more realize, if an unaccompanied child or a my time as chairman of the com- about what is happening on our south- family unit comes across the border, mittee, I have always known I could ern border. current law requires us to separate the count on Christian to provide me with Twelve hundred miles of Texas is adult from the child—because we don’t critical background and sage advice on common border with Mexico, and we want to put a child in a jail or deten- every issue, without fail, thanks in are at ground zero when it comes to tion facility—and place them, through part to his uncanny ability to call to what comes across the border and what Health and Human Services, with a mind any facts he picked up in the last happens at the border. Frankly, it is a sponsor, ultimately, in the United 8 years. lot more complicated than most people States. I note for the record the length of seem to appreciate, at least by the way Once they get a sponsor in the United this list of responsibilities reflects they talk about it. States, then it may be years, if ever, Christian’s hard work, long hours, and Not only is the border a source of before their asylum claim is actually dedication. It also highlights the value economic energy for our country, by heard in front of an immigration judge. he brings to me and to the committee. trade and legitimate travel, we know The fact is, in the vast majority of cir- Christian has the foresight to antici- our border communities themselves are cumstances, that asylum claim will be pate problems, the instinct to pick the among the safest in the country. Their granted—or I should say mooted by the right time to drive forward, and the su- crime statistics are basically equiva- fact that people don’t show up months perior judgment to know the path right lent to that of any other comparable and years later for their hearing in ahead. city in any other part of the country, front of the immigration judge but Christian’s tireless service was made but what happens across the border is a simply melt into the great American possible not just because of his own very different story. landscape. dedication and character but because Some of the most dangerous cities in In this case, the cartels win, and he was confident in the love and sup- Mexico are right there along the bor- American border security loses because port of his wife Christina and the ado- der, primarily because they are still our Democratic colleagues simply ration of three young and precious controlled by the cartels that operate refuse to work with us to make com- sons—Casson, Callen, and Caulder. For what are called plazas where they es- monsense fixes to this broken asylum their own sacrifice and for their will- sentially take tolls or shake down peo- system which allows the cartels and ingness to share Christian with the ple who are trying to come across for children and family units to essentially committee, we are indebted to them. whatever purpose it might be, whether exploit the vulnerabilities in our laws I might say, on a personal note, at it is people coming across to find a job and successfully make their way into times he could, on weekends or breaks, in the United States or drug traffickers the country. be home with his three boys and his or human traffickers—people selling That is what they call a pull factor. wife, instead he has been on an air- women and children for sex or human There are push factors because of the plane with me flying somewhere servitude. violence occurring in countries in Cen- around the world that nobody would So it is a complicated scenario, to be tral America, but the pull factor is the consider a vacation site—traveling sure, but one thing I can tell you is, fact that if you try to come to the halfway around the world and back in there is a humanitarian crisis at the United States as an unaccompanied

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These are 68,000 family units apprehended at the movement of legitimate trade and the migrants who turn themselves over border. In the last 5 months alone this travel. In Texas, given our proximity to the tender mercies of these criminal year, there have been more than 136,000 to the border, given our location, that organizations. Sixty-eight percent have family units apprehended along the is a big task. Our State is the No. 1 ex- been victims of violence, and 31 percent southern border. porter in the country, with exports last of the women have been sexually as- Historically, we witness the highest year totaling more than $315 billion. saulted. The journey these families numbers of apprehensions in the spring That is exporting things that we grow, face on their way to the United States and summer months, so I anticipate livestock that we raise, and manufac- is a harrowing one, and some of them things will not get better—they will tured goods that we make. We sell don’t make it. We have to continue only get worse—in the months ahead. those to Mexico, our biggest customer working to stop anyone even consid- My State and our border communities far and away. ering this journey from attempting it. are certainly feeling the brunt of these Folks who live and work along the I still remember going to Falfurrias, growing numbers. southern border are proud of the strong TX, which is away from the border but We also know, as the Border Patrol bonds our country has with our south- is a Border Patrol checkpoint. What has told us, that the cartels that move ern neighbor and the dynamic culture happens is that the coyotes will bring illegal drugs into the United States fre- in the region. Many have family on people across the border, put them in quently try to flood the border with both sides of the border, which makes stash houses in sickening and inhu- migrants, these family units, in order it an extraordinarily unique place in mane conditions, and, then, when the to distract law enforcement personnel our country. Thanks to the dedicated time is right, put them in a vehicle and from the heroin or the methamphet- Federal, State, and local law enforce- transit them up our highway system. amine or the synthetic opioids, mainly ment officials, flourishing businesses, The Falfurrias checkpoint in Brooks fentanyl, that come across our border and a vibrant community, the border County is one of the ones that checks region is thriving. and poison so many Americans. people coming through on their way I was on the telephone with one of We know that last year alone, more into the mainland. my constituents from McAllen, TX, than 70,000 Americans died of drug But what happens is that the smug- yesterday. He said: Our cities on the overdoses. A substantial amount of glers will tell the migrants: Get out of border are safe. You would think, from that was opioids, including the syn- the car before the checkpoint. Here is a what you hear from the national dis- thetic fentanyl. Frequently, the pre- milk carton or jug full of water. cussion and debates in Washington, cursors come from China through Mex- Maybe they give them some candy that people have to wear body armor in ico and into the United States, and 90 bars or the like, and say: We will see McAllen, TX. percent of the heroin used in the I said: Well, part of the problem is you on the other side. So many of the migrants—particu- United States comes from Mexico. This that people are confusing the dan- larly in the hottest part of the summer is a serious matter, and we should not gerous flow of goods and people across in Texas—unfortunately, die making turn a blind eye to it. the border with actual violence occur- Compared to this time last year, fam- that trip. I have been to Brooks County ring on the border. ily unit apprehensions have grown 200 Just to reiterate, our border commu- and have seen some of the unidentified percent in the Rio Grande Valley Sec- nities on the U.S. side are some of the bones and remains of migrants who tor. That is McAllen, TX, and that safest in the country. On the other died trying to make that trip. area. They are up more than 490 per- side, for example, Juarez, which is on Of course, you can imagine coming cent in the Del Rio Sector, and, most the other side of the border from El from Central America in the first staggering, in the El Paso Sector, fam- Paso, has historically been one of the place. By the time they even get to ily unit apprehensions have increased most dangerous places on the planet, Falfurrias and Brooks County and the more than 1,600 percent. as well as Tamaulipas, which is the checkpoint, many of them are already For those who believe this is some- Mexican State right opposite of suffering from exposure, including de- how a fake emergency or not really a McAllen—again, a hot bed of cartel ac- hydration. crisis, I would ask them: If those num- tivity and violence. As you can imagine, during the time bers were doubled or tripled, would But U.S. cities, I would say, are rel- I have been in the Senate, I have spent they believe there is a crisis or an atively safe, just like any other com- a significant amount of time along the emergency? I believe there is now, and parable city in the United States. So border meeting with CBP personnel, I believe those who deny that a crisis people perhaps not knowing better or, law enforcement officials, small busi- exists are simply turning a blind eye to maybe, perhaps just trying to make a nesses, landowners, community lead- it for, unfortunately, mainly partisan better story out of the facts, and I ers, and other citizens about the chal- purposes. think conflate these ideas. But there is lenges they and we are facing and what Despite what many on the left claim, no doubt that the drugs, the human it is we might be able to do here in there is indeed a humanitarian crisis trafficking, and the masses of human- Washington to help. What I have heard on the border. In addition to the waves ity coming across our border are cre- repeatedly is that we need a three- of Central Americans arriving by the ating a crisis at the border of a human- pronged approach. thousands, we are also trying to stop itarian and security nature. I know we are primarily focused on the flow of illegal narcotics, as I said, Of course, between the ports of or obsessed with physical barriers, and and combat the disgusting practice of entry—and the ports of entry are where that is certainly a piece of it, but that human smuggling. the legitimate trade and travel come is only one of the three elements that Last week, the Senate Judiciary across our international bridges—there we need to deal with border security. Committee heard from U.S. Customs are vast swaths of land that are rel- We need barriers in hard-to-control and Border Protection Commissioner atively unpatrolled. The closest Border areas. We need personnel. We need the Kevin McAleenan, who leads the more Patrol agent could be miles away— Border Patrol. And, yes, we need tech- than 60,000 professionals working to something human smugglers know and nology. Technology can be a force mul- provide security and a safe place for they exploit. These aren’t good Sa- tiplier, we all know, to help the Border trade to come across our ports of maritans leading immigrants to a bet- Patrol identify drug smugglers or entry. Many of these employees of Cus- ter life. They are criminals who put human traffickers or coyotes bringing toms and Border Protection call Texas profit before people and have zero re- human or economic migrants across. home and work alongside of State and gard for human life. What works best in one sector isn’t

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President has proposed. our duty to deliver real results—not I do just want to make one point, I remember that former Secretary of only for the people of Texas but for our which is simply that in addressing a Homeland Security John Kelly, later friends to the south. humanitarian crisis at the border, we the Chief of Staff, said: We are not pro- I have heard the concerns raised by shouldn’t create another one by sepa- posing to build a wall ‘‘from sea to my constituents and colleagues about rating families at the border. To be shining sea’’—because he knew what the use of emergency powers in this clear, there is nothing in our law that we know, and that is that what works situation, and I share some of those requires families to be separated at the best in one sector doesn’t work well in concerns. I still believe that the reg- border. We simply should not be harm- another. ular appropriations process should al- ing children as we deal with this issue. So we need to keep both the funding ways be used, but, unfortunately, we I would welcome Senator CORNYN to and the flexibility to provide the most saw a refusal on the part of the Speak- our Homeland Security Committee, needed resources that will work best. er of the House and others to engage in where we have discussed the various That is not something we should be bona fide negotiations on border secu- options that would keep us from hurt- trying to dictate or micromanage from rity funding, and that left the adminis- ing children in our care. thousands of miles away. As I men- tration with what it deemed to be an TITLE X tioned, the humanitarian crisis has inadequate source of revenue to do the Mr. President, I am here today to evolved significantly since 2014, and I border security measures they felt they rise in opposition to the Trump admin- have no doubt that it will continue to needed in order to address the humani- istration’s domestic gag rule on the evolve in the coming years. We need to tarian crisis. title X program. continue the conversation with experts Rather than engaging with the Presi- on the ground and stakeholders on the dent and debating whether the Presi- For more than 40 years, title X has ground and make sure that we can dent has the authority to declare a na- provided women and families with adapt as the threat evolves. tional emergency for border security— comprehensive family planning and Based on feedback from my constitu- which he clearly does—I think our dis- preventive health services. Congress ents in Texas, the funding bill we cussions should focus on the structure created title X with a strong bipartisan passed last month included five specific of emergency powers laws moving for- vote, with Members of both parties rec- areas, including the Santa Ana Wildlife ward and whether Congress has dele- ognizing how vital the services it pro- Refuge and the National Butterfly Cen- gated too much power, not just to this vides are. Since then, for those in rural ter, where barriers cannot be con- President but to any President under communities, for low-income women structed. It also included language these circumstances. and men, and for members of the stating that DHS must consult with I think Brandeis University did a sur- LGBTQ community, title X-supported local elected officials in certain coun- vey of all of the congressional grants of health centers have been a major ties and towns. I happen to believe that emergency powers that Congress has source of preventive care and reproduc- kind of consultation can be very posi- made over the last years and has iden- tive health services, including cancer tive and can lead to a win-win situa- tified 123 separate statutes which, if screenings, birth control, HIV and STI tion. the President declares a national emer- tests, and counseling services. I will mention just one location in gency, will allow the President to re- Title X helps communities and peo- Hidalgo County, TX. They are right program money that has been appro- ple throughout my home State of New there on the river, and they had to im- priated by Congress for various pur- Hampshire. Title X-funded centers de- prove the levees because they were poses. I think that is a serious over- liver care to nearly 18,000 Granite worried about the rains leading to delegation of authority by Congress to Staters annually, and title X-supported floods and the destruction that would the executive branch, which is why I Planned Parenthood centers serve 60 follow. In order to deal with improve- intend to cosponsor a bill introduced percent of those Granite Staters. In ment of the levee system, they actu- by our colleague, Senator LEE from some parts of my State, there are no ally worked with the Border Patrol to Utah, to give Congress a stronger voice options other than a title X center, and come up with what they called a levee in the processes under the National if other options exist, they don’t pro- wall, which helped the Border Patrol Emergencies Act. vide the same expertise and commit- control the flow of migrants to places I am going to continue to come to ment to reproductive healthcare serv- where they could be accessed most eas- the floor to argue with my colleagues ices that title X centers offer. Commu- ily, but it also provided the improve- about what we need in that unique part nity health centers around my State do ment in the levee system that helped of our country, which is the border re- important work, but they have told me the Rio Grande Valley, and, particu- gion, not only to have a prosperous re- that they will not be able to replace larly, Hidalgo County to develop those gion in America but also to have a the services lost if the administration counties without prohibitively high or safer America. It is not as simple, is successful in its efforts to target even nonexistent insurance coverage. frankly, as some people would have it Planned Parenthood. So that is an example of how, by con- be, and it should not be the subject of The Trump administration’s gag rule sulting with local stakeholders, we can partisanship and game-playing, like we is simply dangerous. It would force pro- come up with win-win scenarios. have seen the debate over border secu- viders to violate their professional and The border region’s future is bright, rity under the President’s request be- ethical standards regarding their obli- thanks to the dedicated law enforce- come. gation to give patients full and accu- ment professionals, elected officials, I yield the floor. rate information about their and business community leaders who The PRESIDING OFFICER. The Sen- healthcare and would discriminate keep it safe and prosperous, but we ator from New Hampshire. against providers who refuse to curtail simply can’t turn a blind eye and ig- Ms. HASSAN. Thank you, Mr. Presi- truthful communication with their pa- nore the high level of illegal migration dent. tients. This rule would cut investments and substances moving across our bor- It is good to hear from my colleague in family planning clinics, taking away der. We can’t turn a blind eye to the from Texas. I am here to talk about services that so many people depend migrants being left for dead in the two different issues, but I did just want on, with a disproportionate effect on ranchlands by human smugglers. We to say that I have had the pleasure and low-income families and those who al- can’t ignore the humanitarian crisis honor of visiting Senator CORNYN’s ready struggle to access care. This ef- that continues to grow at an expo- wonderful State. In fact, I was at the fort is part of the shameless and bla- nential rate. border last spring. It is a beautiful tantly political attempts from this ad- The President’s emergency declara- State that is full of hard-working and ministration to restrict access to tion was his commitment to finally ad- welcoming people. Certainly, our men healthcare.

VerDate Sep 11 2014 23:59 Mar 13, 2019 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.013 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1816 CONGRESSIONAL RECORD — SENATE March 13, 2019 By attacking providers, such as nored science and fought to undermine great State heritage we have. This Planned Parenthood, the Trump ad- these protections. Ms. Rao signed off Green New Deal would uproot all of ministration is once again threatening on this policy even after publicly that. the health and economic well-being of pledging to meet in a Homeland Secu- This Green New Deal sounds more millions. Women in New Hampshire rity and Governmental Affairs sub- like a socialist wish list than it does and across the country deserve better. committee hearing that she would do some great, bold conservation plan. They should have the right to make just the opposite. Calling for an end to air travel, getting their own choice about if or when to Additionally, one of Ms. Rao’s first rid of all of the cows, and ceasing all start a family, and they should be able efforts in the Trump administration production of coal would literally de- to visit providers of their choice who was approving an effort to eliminate stroy our State’s economy. The Green understand their healthcare needs and reporting requirements proposed by the New Deal flat out doesn’t work. Mon- will be truthful about their healthcare Equal Employment Opportunity Com- tana’s rural communities would be left options and realities. This title X gag mission to identify wage discrimina- without any power or electricity. In rule undermines all of that. tion with regard to race and gender. fact, just this month, we saw record I am going to continue to stand up Finally, Ms. Rao approved of the title cold temperatures in Montana. I was for a woman’s constitutionally pro- X gag rule, which, as I just discussed, trying to fly back to Washington, DC, tected rights, and I will do everything will harm the health and well-being of a week ago Monday. When I got to our I can to fight back against these par- people across the country. airport there in Bozeman, it was tisan attempts from the Trump admin- It is clear that Ms. Rao is a partisan minus-40 degrees. We had to hold the istration to undermine women’s repro- nominee with a dangerous record. plane for nearly 3 hours because deic- ductive healthcare. By the way, she has never tried a ing fluid only works at minus-25 and Thank you. case—not in Federal court and not in warmer temperatures. NOMINATION OF NEOMI J. RAO State court. The data that we have now looked at Mr. President, I also want to take a Given her past comments, her record from during that cold snap shows that moment to express my opposition to a in the Trump administration, and her it was coal-fired generation—in par- nominee the Senate is considering complete lack of experience, it is clear ticular, our Colstrip powerplant—that today for the DC Circuit Court of Ap- that she does not meet the standard picked up the slack during those low peals—Neomi Rao. that a lifetime appointment to a vital temperatures. It kept the heat on for Ms. Rao is up for a lifetime appoint- court requires. I will oppose her nomi- families across Montana. Our wind turbines have difficulty ment on the DC Circuit, but her record nation today, and I urge my colleagues working in subzero temperatures, and and previous statements make it clear to do the same thing. that is regardless of whether the wind that she is unfit for this position. Thank you. Ms. Rao’s writings as a college stu- I yield the floor. blows. One of the challenges in a State dent are nothing short of outrageous. The PRESIDING OFFICER. The Sen- like Montana is that when a high-pres- Ms. Rao once described race as a ‘‘hot ator from Montana. sure system moves in, whether in the wintertime or in the summertime— money-making issue.’’ She has called THE GREEN NEW DEAL let’s take the winter for example. When the fight for LGBTQ equality a ‘‘trendy Mr. DAINES. Mr. President, I would high pressure moves in, oftentimes political movement.’’ She has criti- like to start by talking about one of that is associated with low tempera- cized the ‘‘dangerous feminist idealism the best things we are known for in tures. That usually is when we have a which teaches women that they are Montana, and that is our great out- spike in requirements of energy con- equal.’’ Perhaps most disturbing are doors, whether it be our national sumption needs on the grid. What hap- Ms. Rao’s previous writings on campus parks, our iconic wildlife, hunting, or pens when a high-pressure system sexual assault and rape. Ms. Rao once fly fishing. Like all Montanans, I want moves in is that the wind stops blow- claimed that women shared the respon- the peace of mind that I can continue ing. There is a reason wind is referred sibility for being raped, saying: ‘‘If she to enjoy these opportunities with my kids and grandkids, just as my dad and to as intermittent energy. drinks to the point where she can no I am not opposed to the renewables. I my grandpa did with me growing up in longer choose, well, getting to that think it is wonderful that we have wind Montana. point was part of her choice.’’ She also energy in Montana. We have solar. We In Montana, we know how to foster noted that ‘‘a good way to prevent po- have hydro. We have a great renewable commonsense, locally driven conserva- tential date rape is to stay reasonably energy portfolio in Montana. But the tion to protect our environment. I am sober.’’ reality is that during the coldest days here to tell you today that there is I know that Ms. Rao has said she re- of the winter, the wind doesn’t blow. In nothing common sense about the so- gretted these comments now that she fact, at minus-23 degrees and colder, called Green New Deal. In fact, the is up for this appointment, but that they have to shut off the wind turbines Green New Deal is a representation of cannot make up for the type of damage because of the stress it presents to the everything that is wrong with Wash- that rhetoric like this has done. In materials of the turbines. 2019, survivors are still not listened to ington, DC. It is a radical, top-down In the summertime, when high-pres- and taken seriously, and dangerous idea that disregards the impacts on sure systems move in, the tempera- rhetoric and callous beliefs like these hard-working Montanans and Ameri- tures spike on the high side, and the have prevented women from coming cans across our country. wind stops blowing. At the same time, forward with their experiences of sex- You see, in Montana, we rely on a di- we have peak load on the grid. ual assault in the first place. verse portfolio of energy and fuel So the commonsense thing to do is to I cannot support a nominee who sources to help grow our economy, to focus on accelerating development of made a decision to publish these types create good-paying jobs, and to pre- clean coal technology and keeping a of outrageous sentiments. serve our Montana way of life. In order balanced portfolio to make sure we If Ms. Rao’s previous statements to live where you also like to play— meet the spike demands, whether they aren’t already disqualifying, then her that is what we call Montana—you are in the summertime or in the win- record as a member of the Trump ad- need a good-paying job. Montana is tertime. ministration certainly is. still a State where a mom or a dad, a While we should focus on accel- As the head of the Office of Informa- grandma or a grandpa, or an uncle or erating investments to help renewables tion and Regulatory Affairs, OIRA, Ms. an aunt can take a child down to like wind become more reliable, which Rao signed off on a policy that would Walmart and buy an elk tag over the makes a lot of sense, we should con- allow the Environmental Protection counter and be at a trailhead to start tinue to think about how to make re- Agency to not use the best available elk hunting within 30 minutes. We need newables better. evidence when developing clean air and our ag production. We need clean coal. The Green New Deal seems to think clean water protections—a policy with We need sustainable timber production. we all live in a fantasyland. In fact, it dangerous implications given the fact These are all part of our Montana way states how the United States has a dis- that the Trump administration has ig- of life. They are all important to the proportionate contribution to global

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.014 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1817 greenhouse gas emissions. Reports porarily, but I believe we need to take mittee this week to introduce the show that it is Asia, China, India, and bold action to reform it for today’s JOBS Act to demand positive work other Asian countries. They are the generation. outcomes, rather than simply meeting countries that will drive energy con- TANF recognizes that funding and ineffective participation rules. sumption 25 percent higher by 2040 and maintaining a job is the most effective It engages with every work-eligible with it, global gas emissions. way for healthy, working-age parents individual to develop a plan that can The Green New Deal doesn’t tell the to go from government dependency to lead to a sustainable career. It holds positive story right here at home that self-sufficiency. It is not about hand- States accountable for their work out- the U.S.—and listen to this—is actu- outs. It is about giving a hand to those comes and bolsters transparency of ally a world leader in technological en- who need help the most. every State’s performance. ergy innovation; that is we, the United Now, the more liberal voices of the The JOBS Act doesn’t just demand States, leads the world in reducing en- times argue that TANF Programs work. It enables work. It substantially ergy-related carbon emissions. In fact, wouldn’t work. In fact, it was our increases funding for vital childcare since 2007, our emissions have de- former colleague, Senator Daniel Pat- services so parents can ensure their creased about 14 percent. In fact, it is rick Moynihan, who predicted that child is cared for when they are trying more innovation, not more regulation, TANF would result in ‘‘children sleep- to provide for their families. that will further reduce global carbon ing on grates, picked up in the morning It provides struggling beneficiaries emissions. frozen.’’ with additional time to get the mental Our world is a safer, more secure The critics were wrong. They were health or substance abuse treatment place if we accelerate energy innova- very wrong. TANF was a huge success. they need before they can hold a job. tion here at home, not cut the rug out After TANF became law, welfare case- It adds apprenticeships as a permis- from under us and cede that leadership loads plummeted, child poverty de- sible work activity, alongside job to Asian countries. To top it all off, clined, and unemployment among low- training, getting more education, and under the Green New Deal, it is the income, never married parents went building job readiness skills. It targets American people and it is Montanans, up. funds to truly needy families by cap- the hard-working taxpayers, who are Yet more than 20 years after the his- ping participation to families with in- going to pick up the bill. toric 1996 reforms, Congress has ne- comes below 200 percent of the Federal Some estimates have found this rad- glected to act on the loopholes that are poverty level. ical proposal would cost hard-working undercutting its fundamental work re- The JOBS Act recognizes there is families over $600,000 per household quirements. dignity in work. A job, to most Ameri- over the proposed timeframe of that Today, very few States are meeting cans, is more than just a job. It is an deal. That is about $65,000 every year. the work participation rate required by opportunity for mobility. It is a step After only 10 years of implementa- the law. In fact, my home State of up toward realizing the American tion, Montanans will be stuck with a Montana is one of many that is falling dream. It is a track toward earning $93 trillion tab; roughly, $10 trillion short. You see, the law calls for 50 per- higher wages and better benefits. It can more than the combined GDP of every cent of welfare enrollees to be engaged be a springboard to a meaningful ca- nation on the planet in 2017. You see, in work. In Montana, they are only reer, and more importantly, it is hope this Green New Deal has nothing to do reaching about one-third. for those who know hard times all too with conservation and the environ- Many States are also using TANF well. The dignity work brings can pro- ment. dollars for purposes unrelated to work, vide this hope. The people of Montana believe in and we need to hold those States ac- The JOBS Act equips and empowers smart and efficient conservation. Lis- countable. That means more trans- low-income families toward a better fu- ten, I am an avid backpacker. I am an parency and accountability metrics. ture. I urge my colleagues, Republicans avid fly fisherman. I spend more time As we have seen in President and Democrats, to join me in taking in the wilderness than many. My wife Trump’s recent budget proposal, the bold action by supporting this impor- and I love to put backpacks on and get President agrees that stronger work re- tant legislation to make our largest back in the High Country and chase quirements must be a priority of this welfare-to-work program actually work golden trout, the elk, and cattle. I love Congress. We can take the next bold again. pristine environments. Montanans step forward in reforming the TANF I yield the floor. share a similar passion for the out- system to close these loopholes and get Mrs. FEINSTEIN. Mr. President, I doors, but Montanans know we need the American people back to work. rise today in opposition to the nomina- smart and efficient conservation, and We are fortunate our economy con- tion of Neomi Rao to the U.S. Circuit there is not one smart or efficient tinues to grow, and there are more op- Court of Appeals for the DC Circuit. thing about this proposal. portunities being created. Just last The DC Circuit is considered by The Green New Deal is not a bold Congress, we passed tax relief for the many to be the most powerful appel- step forward. It is tragically backward. American people so working-class fam- late court in the country. This is true This is taking us back to Lewis and ilies got to keep more of what they in large part because the DC Circuit Clark, but don’t take it from me. Take earned and small business owners could hears challenges to many actions it from the hard-working Montanans, afford to invest and grow in their busi- taken by the Federal Government, in- like our mine workers, like our pipe ness, creating more jobs. Main Street cluding challenges to the adoption or fitters, like our labor unions, which in America is thriving again. repeal of Federal regulations. say: As employers are rapidly looking to I believe it is particularly relevant We will not accept proposals that could hire, we need to close the gap and en- that Ms. Rao has a record of working cause immediate harm to millions of our sure those jobs are filled by Americans to dismantle key regulations that en- members and their families. We will not who need them most. A strong, revital- sure the air we breathe is safe, that ad- stand by and allow threats to our members’ ized TANF Program is urgently needed dress climate change, and that protect jobs and their families’ standard of living go to close this jobs gap and empower American workers and consumers. unanswered. more Americans to find work. Ms. Rao has a troubling and aggres- That is why I am here today. We will We have a problem in this economy sive record as the head of the Office of not let this Green New Deal proposal now. In fact, there are too many jobs Information and Regulatory Affairs. go unanswered. available and not enough people to fill She has led efforts to weaken fuel econ- WELFARE-TO-WORK PROGRAMS the jobs. That is a wonderful challenge omy, or CAFE standards, which I au- Mr. President, our Nation’s primary to face. We have seen that now for 10 thored with Senator Olympia Snowe welfare-to-work program is broken. consecutive months. That is a great and which has been the law since 2007. The Temporary Assistance for Needy problem to face now in our country, Before the administration proposed Families Program, also called TANF, but it is still a problem we need to freezing these standards, we were set to was created with bipartisan support in solve. That is why we will be joining achieve a fuel economy standard of 54 1996. It was recently reauthorized tem- the U.S. House Ways and Means Com- miles per gallon—MPG—by 2025.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.015 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1818 CONGRESSIONAL RECORD — SENATE March 13, 2019 Ms. Rao has also led efforts to repeal In addition to her record of disman- question as to her qualifications for the Clean Power Plan. This repeal has tling key regulations that protect the this seat and suggests that she was been estimated to result in up to 1,400 environment, consumers, and worker nominated not because of her appellate premature deaths annually by 2030, due health and safety, Ms. Rao has taken a credentials, but because of her anti- to an increase in particulate matter number of extremely controversial po- regulatory record. from emissions that are linked to heart sitions in articles she has written. At I also have questions about commit- and lung disease. Further, the repeal of Ms. Rao’s hearing before the Judiciary ments Ms. Rao appears to have made the Clean Power Plan is expected to Committee, I noted that, while the on reproductive rights. I don’t believe cause up to 48,000 new cases of serious writings that received the most atten- we should have litmus tests for judicial asthma and 15,000 new cases of upper tion are from when she was in college, nominees, and I know many on the respiratory problems every year. several are relevant to the work she other side agree with me on that. Just Ms. Rao was also instrumental in re- has led in the Trump administration in 2017, Senator MCCONNELL said, ‘‘I versing the Equal Employment Oppor- and to cases she could hear if con- don’t think there should be a litmus tunity Commission’s actions to address firmed. test on judges no matter who the presi- pay discrimination. Specifically, Ms. For instance, in addressing the issue dent is.’’ Rao eliminated reporting requirements of date rape, Ms. Rao wrote that if a Yet, on a recent radio program, Sen- proposed by the EEOC that were de- woman ‘‘drinks to the point where she ator HAWLEY said that, before he could signed to identify wage discrimination can no longer choose, well, getting to vote for Ms. Rao, he wanted to ‘‘make on the basis of gender or race. Just last that point was part of her choice.’’ sure that Neomi Rao is pro-life. It’s as week, a Federal judge ruled that Ms. While she has since written a letter simple as that.’’ Rao’s action was ‘‘arbitrary and capri- expressing that she ‘‘lacked the per- Subsequently, Ms. Rao met with Sen- cious,’’ which is significant because the spective of how [her articles] might be ator HAWLEY in private and presum- arbitrary and capricious standard is perceived by others,’’ her record dem- ably assured him that she would be high and hard to prove. The judge con- onstrates that these views seem to per- anti-choice. According to Senator cluded that Ms. Rao’s rationale for her sist to today. Specifically, Ms. Rao has HAWLEY, Ms. Rao went further and decision was ‘‘unsupported by any been personally involved in repealing ‘‘emphasized that substantive due proc- analysis.’’ protections for survivors of campus ess finds no textual support in the Con- Ms. Rao also approved the recently sexual violence. Ms. Rao has acknowl- stitution.’’ finalized title X ‘‘gag rule’’ on family edged that her office approved con- Rejecting the entire concept of sub- planning. Under this rule, any organi- troversial new rules on campus sexual stantive due process means that Ms. zation that merely refers patients to assault under title IX. Those rules Rao not only believes Roe v. Wade was an abortion provider is ineligible for would discourage survivors from re- incorrectly decided, but also other title X funding. This will result in porting their assaults, in part because landmark cases, like Griswold v. Con- many women going without lifesaving survivors would be subjected to cross- necticut, which held that States can- cancer screenings, and it will reduce examination by their attacker’s chosen not restrict the use of contraception. access to contraception. representative. It is safe to assume this I am also concerned about her writ- I asked Ms. Rao about her work dis- change in the guidance will be chal- ten responses to our questions for the mantling these key regulations. In re- lenged in the DC Circuit. record. She gave several responses that sponse to me, she downplayed her re- In her writings, Ms. Rao also ques- were misleading at best. sponsibility, saying that her role was tioned the validity of climate change, Ms. Rao wrote that the center she simply to ‘‘coordinate regulatory pol- criticizing certain student groups for founded at George Mason University icy.’’ ‘‘did not receive any money from the But when answering the questions of promoting ‘‘a dangerous orthodoxy Koch Foundation.’’ She added that the Republican Senators, Ms. Rao ex- that includes the unquestioning ac- center ‘‘did not receive money from an pressed pride in her work. Asked spe- ceptance of controversial theories like anonymous donor.’’ cifically about her ‘‘primary contribu- the greenhouse effect,’’ which she ar- However, according to public records, tion to pushing forward with deregula- gued ‘‘have come under serious sci- in 2016, George Mason University re- tion,’’ Ms. Rao responded: ‘‘There are a entific attack.’’ ceived $10 million from the Koch Foun- lot of regulations on the books that Again, at the hearing, she tried to dation and $20 million from an anony- don’t have the effects that were in- mitigate these writings saying, it was mous donor. The grant agreements exe- tended .... And, you know, we’re her ‘‘understanding . . . that human looking to pull back the things that activity does contribute to climate cuting these donations clearly state are no longer working.’’ change.’’ that support for Ms. Rao’s center was However, to take just one example, However, during her tenure in the one of the conditions of these multi- the CAFE standards have been work- Trump administration, she has led the million dollar gifts and ‘‘Ms. Rao’s cen- ing; they have already saved $65 billion effort to overturn the very regulations ter benefited from those contribu- in fuel costs for American families and that combat human contributions to tions.’’ prevented the emission of 250 million climate change. For example, and as I Additionally, Senator WHITEHOUSE metric tons of carbon dioxide. Unfortu- noted previously, she has overseen the asked Ms. Rao if she had any contact nately, her words don’t match the ac- administration’s efforts to rescind the with the Federalist Society when con- tual actions under her leadership. Clean Power Plan and weaken fuel sidering potential faculty. Ms. Rao re- Moreover, I asked Ms. Rao if she economy standards. sponded ‘‘no,’’ but clarified the Fed- would commit to recusing herself from I am also concerned about Ms. Rao’s eralist Society occasionally made rec- any case involving regulations that she professional experience. She is not ad- ommendations through its faculty divi- worked on while serving in her current mitted to practice before the DC Cir- sion. position. She refused to make such a cuit, the court to which she has been What Ms. Rao failed to mention is commitment. nominated. She has never served as a that she, herself, was a member of the This is of great concern as other judge, and she has never even tried a faculty division of the Federalist Soci- nominees have understood the appear- case. ety for her entire time in academia. ance of bias and unequivocally made In response to a question on the Judi- Given this role, I don’t understand why such commitments. ciary Committee’s questionnaire about she would claim that she had no con- For example, President Trump’s first the 10 most significant litigated mat- tact with the Federalist Society when nominee to the DC Circuit, Greg ters that she personally handled, Ms. considering faculty candidates. Katsas, said, ‘‘Under the governing Rao listed only three, and two of these In closing, my concerns about Ms. statute, I would have to recuse myself were arbitration cases that she worked Rao, from her writings to her work dis- from any case in which, while in the on while serving as an attorney in the mantling regulations to her lack of Executive Branch, I had participated as United Kingdom. candor with the committee, are simply a counsel or advisor or expressed an Ms. Rao’s lack of litigation experi- too great for me to support her nomi- opinion on the merits.’’ ence therefore raises an important nation to the DC Circuit. I will vote

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.007 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1819 against her confirmation, and I urge Ms. Rao’s office approved a proposed Coons Klobuchar Shaheen my colleagues to do the same. EPA rule to roll back public health Cortez Masto Leahy Sinema Duckworth Manchin Smith Mr. MARKEY. Mr. President, I rise protections that reduce pollution from Durbin Markey Stabenow to speak in opposition to the nomina- wood-burning stoves, despite the EPA’s Feinstein Menendez Tester tion of Neomi Rao to serve as a judge own admission that the new rule would Gillibrand Merkley Udall Harris Murphy on the United States Court of Appeals cost nine times as much in harm to Van Hollen Hassan Peters Warner for the District of Columbia Circuit. Heinrich Reed public health as it would benefit the in- Warren Hirono Rosen Ms. Rao is the latest in a string of dustry. Whitehouse Jones Sanders ultra-conservative judicial nominees Wyden Ms. Rao has overseen the Trump ad- Kaine Schatz who will rubberstamp Donald Trump’s ministration’s repeal of regulations to King Schumer far-right agenda. Her record portends a address climate change, including a re- NOT VOTING—1 threat to the rights of women and mi- peal of President Obama’s historic norities, to consumer protection stat- Clean Power Plan that would have sig- Murray utes and regulations, and to the secu- nificantly reduced greenhouse gas The nomination was confirmed. rity of our financial institutions. emissions. By comparison, Ms. Rao has The PRESIDING OFFICER. Under Moreover, Ms. Rao utterly lacks the approved a proposal to replace the the previous order, the motion to re- experience to serve on the court that Clean Power Plan with a rule that consider is considered made and laid many view as second in importance would lead to increases in carbon diox- upon the table, and the President will only to the U.S. Supreme Court. She ide emissions, asthma attacks, and be immediately notified of the Senate’s practiced for only 3 years as an asso- even death from black carbon, mer- action. ciate at a large law firm. None of her cury, and other dangerous air emis- f practice was in Federal courts or State sions from power plants. courts, before administrative agencies, It is bad enough that, with Donald CLOTURE MOTION or involved criminal proceedings. Trump, we have a climate-change de- These are disqualifying reasons on The PRESIDING OFFICER. Pursuant nier in the White House, and with An- their own, but I rise to speak about Ms. to rule XXII, the Chair lays before the drew Wheeler, we have a coal industry Rao’s record on the environment, and Senate the pending cloture motion, lobbyist running the EPA. We don’t the contempt she has demonstrated for which the clerk will state. need a judge on the DC Circuit whose fair, reasonable, and commonsense reg- The bill clerk read as follows: record demonstrates that she is a sym- ulations that protect the health of our CLOTURE MOTION communities and the safety of our air pathetic ally to their anti-environment We, the undersigned Senators, in accord- and drinking water. agenda. I urge my colleagues to vote no ance with the provisions of rule XXII of the Ms. Rao currently serves in the Of- on the nomination of Neomi Rao to the Standing Rules of the Senate, do hereby fice of Management and Budget as Ad- DC Circuit Court of Appeals. move to bring to a close debate on the nomi- ministrator of the Office of Informa- The PRESIDING OFFICER. The Sen- nation of William Beach, of Kansas, to be ator from Kansas. Commissioner of Labor Statistics, Depart- tion and Regulatory Affairs, OIRA. She ment of Labor, for a term of four years. is commonly known as the Trump ad- Mr. MORAN. Mr. President, I ask for the yeas and nays. Mitch McConnell, David Perdue, John ministration’s ‘‘regulatory czar.’’ This Boozman, Thom Tillis, Mike Rounds, role has her in charge of implementing The PRESIDING OFFICER. Is there a John Hoeven, John Barrasso, Chuck the Trump administration’s anti-envi- sufficient second? Grassley, Roy Blunt, Johnny Isakson, ronment, climate-change-denying, and There appears to be a sufficient sec- Lamar Alexander, Mike Crapo, Pat polluter-friendly agenda. ond. Roberts, John Cornyn, Richard Burr, Ms. Rao has called climate change a Under the previous order, all John Thune, Roger F. Wicker. ‘‘dangerous orthodoxy,’’ led the Trump postcloture time has expired. The PRESIDING OFFICER. By unan- administration’s efforts to gut funda- The question is, Will the Senate ad- imous consent, the mandatory quorum mental environmental protections, and vise and consent to the Rao nomina- call has been waived. has misused the regulatory review tion? The question is, Is it the sense of the process for partisan political purposes. The yeas and nays have been ordered. Senate that debate on the nomination The attacks on the environment that The clerk will call the roll. of William Beach, of Kansas, to be Ms. Rao has launched from OIRA in- The bill clerk called the roll. Commissioner of Labor Statistics, De- clude rolling back national auto fuel Mr. DURBIN. I announce that the partment of Labor, for a term of four efficiency standards, challenging Cali- Senator from Washington (Mrs. MUR- years, shall be brought to a close? fornia’s Clean Air Act waiver that al- RAY) is necessarily absent. The yeas and nays are mandatory lowed it to set higher fuel efficiency The PRESIDING OFFICER (Mr. under the rule. standards, removing safety rules for LANKFORD). Are there any other Sen- The clerk will call the roll. fertilizer plants, and rolling back safe- ators in the Chamber desiring to vote? The legislative clerk called the roll. ty rules put in place for oil rigs after The result was announced—yeas 53, Mr. DURBIN. I announce that the the Deepwater Horizon oil spill disaster nays 46, as follows: Senator from Illinois (Ms. DUCKWORTH) in 2010. [Rollcall Vote No. 44 Ex.] and the Senator from Washington (Mrs. During review of a proposed rollback YEAS—53 MURRAY) are necessarily absent. of the Methane and Waste Prevention The PRESIDING OFFICER (Mr. Rule, Ms. Rao’s office repeatedly pres- Alexander Fischer Perdue Barrasso Gardner Portman PERDUE). Are there any other Senators sured the Environmental Protection Blackburn Graham Risch in the Chamber desiring to vote? Agency, EPA, to adopt fossil fuel in- Blunt Grassley Roberts Boozman Hawley The yeas and nays resulted—yeas 55, dustry requests to significantly reduce Romney nays 43, as follows: natural gas leak inspections. This Braun Hoeven Rounds Burr Hyde-Smith [Rollcall Vote No. 45 Ex.] would have doubled the amount of Rubio Capito Inhofe Sasse Cassidy Isakson YEAS—55 methane released into the atmosphere Scott (FL) Collins Johnson and, according to the EPA’s own deter- Scott (SC) Alexander Cruz Kennedy Cornyn Kennedy Barrasso Daines Lankford Shelby mination, conflicted with its legal obli- Cotton Lankford Blackburn Enzi Lee Sullivan gation to reduce emissions. Cramer Lee Blunt Ernst Manchin Thune Ms. Rao’s office censored language Crapo McConnell Boozman Fischer McConnell Tillis about the impact of climate change on Cruz McSally Braun Gardner McSally Daines Moran Toomey Burr Graham Moran child health when reviewing a proposed Enzi Murkowski Wicker Capito Grassley Murkowski rollback of the Refrigerant Manage- Ernst Paul Young Cassidy Hawley Paul Collins Hoeven Perdue ment Program, a program that limited NAYS—46 the release of greenhouse gases thou- Cornyn Hyde-Smith Portman Baldwin Booker Cardin Cotton Inhofe Risch sands of times more powerful that car- Bennet Brown Carper Cramer Isakson Roberts bon dioxide. Blumenthal Cantwell Casey Crapo Johnson Romney

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.007 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1820 CONGRESSIONAL RECORD — SENATE March 13, 2019 Rounds Shelby Toomey of it is about other things. I want to under this Act.’’ You will have no Rubio Sinema Wicker talk for a few minutes about what it choice but to look at Medicare for All. Sasse Sullivan Young Scott (FL) Thune says about healthcare. So when they say Medicare for All, Scott (SC) Tillis It is estimated that one part of the they really mean Medicare for All. The NAYS—43 Green New Deal would cost $36 trillion other forms of healthcare coverage would be gone. Baldwin Hassan Sanders over the next 10 years. That is about Bennet Heinrich Schatz the same amount of money we would One of our colleagues who is also run- Blumenthal Hirono Schumer spend for everything else over the next ning for President said: ‘‘Let’s elimi- Booker Jones Shaheen 10 years of the money we appropriate. nate all of that.’’ ‘‘That’’ in the ques- Brown Kaine Smith It is such a big number; it is hard to tion was private health insurance. Cantwell King Stabenow Cardin Klobuchar imagine how you would even describe ‘‘Let’s eliminate all of that. Let’s move Tester on.’’ Carper Leahy Udall it, but $36 billion would be 100 times Casey Markey Van Hollen Well, what moving on would look Coons Menendez what it would cost to rebuild the entire Warner like would be everybody, again, thrown Cortez Masto Merkley Interstate Highway System. If you can Warren into one system. There would be a sin- Durbin Murphy imagine the entire Interstate Highway Whitehouse Feinstein Peters System, and you wanted to build it all gle-payer, the Federal Government. Gillibrand Reed Wyden There would be a single system. You over again—build it again, go in and Harris Rosen could call it Medicare for All or any- tear it up, and build it again—do that NOT VOTING—2 thing else you want to call it, but there 100 times over the next 100 years or would be one place to go. Duckworth Murray however many years it would take, The PRESIDING OFFICER (Mr. We are now spending about $6 trillion that is $36 trillion. I might have even over the next 10 years on Federal PERDUE). The clerk will report the said earlier $36 billion, but it is $36 tril- healthcare systems. This would go nomination. lion, 100 times what it would cost to The legislative clerk read the nomi- from $6 trillion to $36 trillion. build the entire Interstate Highway I could spend a lot of time talking nation of William Beach, of Kansas, to System all over again. about, how could we afford that? What be Commissioner of Labor Statistics, It is an absolutely enormous figure, would the taxes look like? The point is, Department of Labor, for a term of but the government is accepting an ab- it is an outrageous proposal, particu- four years. solutely enormous new obligation, an larly for the millions and millions of NOMINATION OF WILLIAM BEACH obligation that, just in terms of the Americans who like the insurance they Mr. BLUNT. I want to talk a little healthcare part of this bill, would have, who get insurance at work. It has about the Green New Deal, but I can’t again be more than all the money we been a benefit in our country that pass up the opportunity to point out would expect to spend over the next 7 workers first started getting right that we are now starting 30 hours of de- years. after World War II. It has been a ben- bate on the Director of the Bureau of That would take us through fiscal efit at work that workers have never Labor Statistics. year 2025. Everything we would spend paid taxes on. It has been a benefit at It is outrageous. Everybody knows it on Social Security, everything we work that an awful lot of people have is outrageous. If you start the clock would spend on Medicare, everything been well served by. right now, there will not be an hour of we would spend on Medicaid, every- We need to fill in the gaps. We need debate—there might not be 10 minutes thing we would spend on defense, on to create more options. We need to do of debate—on the Director of the Bu- education, on homeland security, on lots of things. This isn’t one of them. reau of Labor Statistics, but what our interest on the debt, and everything When people lose their healthcare op- friends on the other side have done is else would be less money than we tions, when people begin to have to ensure that we can’t do any other busi- would spend in the first decade on stand in line for healthcare like people ness during that 30 hours, and, at some Medicare for All. do in Canada, they are quickly per- point, once it is too late to do anything If you look at this legislation, it is suaded that, whatever turn was made, else this week, they may even waive pretty obvious that Medicare for All it was made in the wrong direction. some of that time back. would, for a lot of reasons, be Medicare This would be a turn in the wrong di- This has to change. I certainly would for None. One is that big of a system rection. It would be something the gov- like to see Members on the other side probably wouldn’t serve anybody very ernment can’t afford and individuals of the aisle work with us to make that well, if at all. Two is that Medicare and families will not want. It would be change. The bill I have reported out of would be eliminated. It would just be something that people who have actu- the Rules Committee that we have re- part of a big healthcare system. If you ally depended on Medicare being there ported out of our committee to change are planning on benefiting from Medi- when they qualify for Medicare—and this is given more verification every care as we know it today, that will not people pay into it all their working single week, as we try to let the Presi- be there if this bill passed because ev- lives, just like they do into Social Se- dent put a government in place, as we erybody would have something that curity, except there is no cap, so many try to do our job of confirming judges would be theoretically like Medicare is people pay a lot more into that fund to judicial vacancies. That has to stop, now, but there wouldn’t be Medicare; than they do the Social Security and I believe it is about to stop. I there wouldn’t be Medicaid; there fund—but it would be gone. Medicare would like to see some cooperation wouldn’t be military TRICARE; there for All would be Medicare for None. I think there is a reason sponsors of from our friends on the other side so wouldn’t be the Children’s Health In- this bill aren’t eager to talk about a we can move forward in the way the surance Program. None of the things lot of it and don’t even want to vote on Senate should move forward. we have now would exist. They would it. If I had sponsored it, I might not THE GREEN NEW DEAL all become part of this big system of want to vote on it either. Mr. President, the Senate has also Medicare for All. I yield the floor. been talking about legislation called In fact, it actually would eliminate I suggest the absence of a quorum. the Green New Deal. A dozen of our private health insurance. We are in The PRESIDING OFFICER. The colleagues on the other side of the aisle this debate way beyond the debate of clerk will call the roll. have put this legislation in place. When the days of when President Obama said The legislative clerk proceeded to you sponsor a piece of legislation, it over and over again, if you like your call the roll. usually means you are for that piece of current healthcare insurance, you can Mr. DURBIN. Mr. President, I ask legislation and think it needs to be de- keep your current healthcare insur- unanimous consent that the order for bated, and it sure does. ance. Nobody even pretends with Medi- the quorum call be rescinded. This is a huge piece of legislation. care for All that would be the case. In The PRESIDING OFFICER. Without Anything called the green anything fact, this legislation specifically says: objection, it is so ordered. would mean you would think it would ‘‘It is unlawful for a private health in- S.J. RES. 7 be mostly about climate change or en- surer to sell health insurance coverage Mr. DURBIN. Mr. President, I am vironmental things, but actually most that duplicates the benefits provided reading a book called ‘‘These Truths’’

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.003 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1821 by Jill Lepore. It is a history of the U.S. military intervention in Syria or have not debated it. We have not ap- United States. She is a really gifted Libya. proved it. Yet taxpayers’ dollars make historian and writes quite a few things. I think the Constitution is very clear certain that it continues day after day, She has an article in the New Yorker and very wise in saying that the Amer- week after week, month after month, magazine about Eugene V. Debs, an ican people, before we ask their sons and year after year. early Socialist in the 20th century who and daughters to give up their lives in Now, let’s take a look at Saudi Ara- ran for President. She is a skillful his- a war, should have a say in these deci- bia, which has asked us to join in this torian, and she tells a story in ‘‘These sions through their elected Members of effort in Yemen that is causing such a Truths’’ about how this Nation came to Congress. humanitarian disaster. This is the be. What we are doing today is deeply same Saudi Arabia—the nation that Of course, we emerged from a col- important. It occurs in the 18th year of conducted the cold-blooded murder of ony—a colony of England, Great Brit- a war in Afghanistan that hardly any- Jamal Khashoggi, a nation that is de- ain—and then fought for our independ- one could have imagined would be the taining and torturing women’s rights ence. One of the reasons we fought for case. Did anyone here who voted, as I activists, including Loujain al-Hathoul independence was to take the role of did, 18 years ago—18 years ago, voting and Samar Badawi. This is a nation Kings out of the lives of the people who in this Chamber—for the authorization that is detaining and torturing U.S. lived in what we call America and to of the use of force in Afghanistan to go citizen Dr. Walid Fitaihi. It is jailing say we aren’t going to have Kings mak- after the perpetrators of 9/11 believe Saudi blogger Raif Badawi and his law- ing decisions for us here. We will make that we were authorizing the longest yer, Waleed Abu al-Khair, on charges our own decisions. Thank you. We will war in the history of the United States, that are ridiculous on their face. call it a democracy, and the people will in Afghanistan—I am sure not a one— Saudi Arabia is accused of recruiting rule. or that this authorization would be and using Sudanese children as soldiers At that point, we sat down and tried stretched by Presidents of both polit- in the war in Yemen. Saudi Arabia con- to put it in writing. The first time we ical parties to approve U.S. military tinues to turn a blind eye to the export put it in writing, it didn’t work out too action in other countries around the of extremist teachings that have shown well. The Articles of Confederation world? It became a blanket authoriza- up and caused great harm around the really didn’t unite our country and tion that has been used time and again. world, most recently in Bosnia and move it in the direction that most peo- This brings me to the question before Kosovo. ple wanted. So the constitutional con- us in the Senate today—the disastrous, There may be some who think this vention followed. The constitutional bloody war, led by the Saudi Arabians war is justified. I am not one of them. convention in Philadelphia sat down in Yemen, which the United States is There may be some who think that be- cause Iran is the enemy, we should be and wrote this document, the Constitu- supporting. engaged in this war. But, ultimately, tion of the United States, and here we Has there been a vote in the Senate this war, this debate, and this vote are are, over 200 years later, still living by for that? No. In the House? No. Does not about the merits of any of the those words that were written over 200 anyone here remember authorizing any things that I have raised. It is not years ago. U.S. military involvement in the war about a vindication of the Houthis, There were efforts to change and in Yemen? Well, they certainly whom the Iranians have sided with, amend it to reflect changes in Amer- couldn’t find a recorded vote to prove and their troubling role in this horrific ica. The end of slavery, for example, it. civil war. It is about whether we in the was one of the most significant, but, by Did anyone who voted in 2001, as I Senate, who took an oath to uphold and large, the principles of this docu- did, to go after the terrorists respon- and defend the Constitution, believe it. ment have guided us for a long time. sible for 9/11, believe that this would If we don’t believe it, we will just ig- Article I, section 8 gives the Con- somehow include a Saudi-led quagmire nore it, let our military wage the war, gress—the Senate and the House—the in Yemen? let the President look the other way, power to declare war. You think to This war in Yemen is being led by a and let this administration come up yourself: Well, it is certainly better for reckless young Saudi Crown Prince, with another excuse for Saudi Arabia the Congress to make that decision whom I believe had direct involvement killing that journalist, and we will than for a President to do it alone. Let- in the brutal murder of a journalist keep sending our tax dollars in, which ting a President do it without the peo- and resident of the United States, prolong this terrible war. ple being involved, or Congress, really Jamal Khashoggi. It is highly unlikely I think the Constitution requires would be much like a King deciding that anybody would have argued that more of us. If you truly believe in what whether we would go forward as a na- we gave permission for the U.S. Mili- the President is asking us to do in tion to be involved in a war. tary and taxpayers’ dollars to be spent Yemen, if you truly want to stand with This week, on the floor of the Senate, in support of this Saudi Arabian cause. Saudi Arabia at this moment in his- we will test that provision in the Con- Not only was this war never author- tory, show the courage by voting that stitution and see if the current Mem- ized by elected representatives or the way. That is all I am asking for. bers of the Senate believe that the Con- American people, but it is a humani- Our Founding Fathers showed great stitution was right and that the Con- tarian disaster. An estimated 85,000 wisdom. They knew that the decision gress should be declaring war. children have already died of malnutri- to send someone’s son or daughter into My colleagues, BERNIE SANDERS, tion. We have created a famine with a war was not to be made by a King or well-known to most across America, this war in Yemen. In a country of 28 a supreme executive but by the peo- MIKE LEE, a conservative Republican million people, nearly half face death ple—the people of the United States. from Utah, and CHRIS MURPHY, a Dem- through famine. So our Constitution wisely rests that ocrat from Connecticut, have decided I have a photo here, which I have dis- responsibility with us—the Senators that we should have a test vote as to played once on the floor, but I can’t and Members of the House of Rep- the United States’ involvement in bring myself to do it again. It is a resentatives. Saudi Arabia’s bloody war in Yemen. I photo of a 7-year-old Yemeni girl, Amal Today, there will be a recorded am glad to be a cosponsor of that legis- Hussain. It is a heartbreaking photo. It vote—a historic vote—as to whether we lation. appeared in the New York Times last go forward with this involvement in Regardless of who has been in the November. This little girl died shortly the war in Yemen. I will be voting White House during the time that I thereafter. She starved to death. I just against any more involvement by the have served in the House and the Sen- can’t bring myself to display this photo United States in this war. ate, I have tried to consistently argue again. I yield the floor. that the American people, through Do you know what her mother said I suggest the absence of a quorum. their elected Congress, must play a after she died? It is what any mother The PRESIDING OFFICER. The constitutional role in declaring a war— would say: ‘‘My heart is broken.’’ clerk will call the roll. whether it was President Bush on the This is a reality of the war that the The legislative clerk proceeded to Iraq war or President Obama on the United States supports in Yemen. We call the roll.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.022 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1822 CONGRESSIONAL RECORD — SENATE March 13, 2019 Mr. JOHNSON. Mr. President, I ask THE GREEN NEW DEAL Let’s take a look at this from a glob- unanimous consent that the order for Mr. BARRASSO. Mr. President, I al standpoint. To me, it doesn’t make the quorum call be rescinded. come to the floor to discuss the so- any sense at all to destroy our com- The PRESIDING OFFICER. Without called Green New Deal. petitive economy and allow the biggest objection, it is so ordered. America needs every form of energy polluters to continue to prioritize The question is, Will the Senate ad- in order to succeed, but the Democrats’ growth at our expense. Backbreaking vise and consent to the Beach nomina- extreme Green New Deal would send tax increases and heavyhanded man- tion? our strong, healthy, and growing econ- dates are not the answer. The solution Mr. JOHNSON. Mr. President, I ask omy over a liberal cliff. This radical is to promote free market innovation, for the yeas and nays. plan would eliminate fossil fuels by re- and the Republicans continue to ad- The PRESIDING OFFICER. Is there a quiring 100-percent renewable, carbon- vance several innovative strategies for sufficient second? free fuels in just 10 years. reducing emissions. There appears to be a sufficient sec- Clearly, we realize that the climate First, we are encouraging carbon cap- ond. is changing and that the global com- ture, utilization, and sequestration The clerk will call the roll. munity has a collective duty to deal technologies. That means actually cap- The legislative clerk called the roll. with this and to address it. Renewables turing carbon and using it productively Mr. DURBIN. I announce that the like wind and solar are certainly a key for medical products, for construction Senator from Washington (Mrs. MUR- part of the solution, but still, in the products. RAY) is necessarily absent. United States today, wind and solar There are things we can actually do. The result was announced—yeas 55, provide only 8 percent of our power. Last year, we passed a bipartisan bill nays 44, as follows: Abundant, reliable, and affordable fos- in this body that was signed into law. sil fuels, like coal and natural gas, [Rollcall Vote No. 46 Ex.] It is called the FUTURE Act, and it ex- power about three out of five U.S. YEAS—55 pands tax credits for capturing carbon. homes and businesses. Excluding them The Clean Air Task Force calls it one Alexander Gardner Portman would harm our national security; it of the most important bills for reduc- Barrasso Graham Risch would make us dependent on foreign Blackburn Grassley Roberts ing global warming pollution in the Blunt Hawley Romney energy; it would destroy jobs; and it last two decades. Boozman Hoeven Rounds would reduce our quality of life. Our carbon capture work continues Braun Hyde-Smith Rubio In a letter sent to the Green New with the bipartisan USE IT Act, which Burr Inhofe Sasse Deal’s sponsors, the AFL–CIO—the Na- Capito Isakson Scott (FL) is going to help turn captured emis- Cassidy Johnson tion’s federation of labor unions that Scott (SC) sions into valuable products. Collins Kennedy 1 Shelby represents about 12 ⁄2 million employ- Cornyn Lankford The other thing we are promoting is Sinema ees and 55 different unions—called the Cotton Lee advanced nuclear power technologies. Sullivan plan a threat to U.S. workers. The let- Cramer Manchin Nuclear power has helped lower emis- Thune ter reads: ‘‘We will not accept pro- Crapo McConnell sions by providing most of America’s Cruz McSally Tillis posals that could cause immediate Toomey carbon-free energy. Daines Moran harm to millions of our members and Enzi Murkowski Wicker In late December, we passed the bi- their families.’’ Ernst Paul Young partisan Nuclear Energy Innovation Fischer Perdue Those at the AFL–CIO also say the plan is not achievable or realistic, and and Modernization Act. This law will NAYS—44 I agree with them. By themselves, re- help innovators develop new-age nu- Baldwin Harris Rosen newables can’t keep the lights on, and clear reactors that are cheaper, better, Bennet Hassan Sanders an all-renewable energy electric power and more reliable. Blumenthal Heinrich Schatz We also have extended the nuclear Booker Hirono grid would collapse. This isn’t serious Schumer tax credit to speed completion of two Brown Jones Shaheen environmental policy—it is a pipe Cantwell Kaine Smith new nuclear reactors. We are going to Cardin King dream. Stabenow The Democrats have yet to provide a speed that completion—the first in a Carper Klobuchar Tester Casey Leahy generation. Together they will prevent Udall cost estimate for the Green New Deal. Coons Markey 10 million tons of emissions every year. Van Hollen One analysis by the former Director of Cortez Masto Menendez Warner the Congressional Budget Office esti- Third, we are encouraging an in- Duckworth Merkley crease in the use of renewables. Repub- Durbin Murphy Warren mates it could cost up to $93 trillion— Feinstein Peters Whitehouse with a ‘‘t.’’ That is more than the U.S. licans have repeatedly passed tax in- Wyden Gillibrand Reed Government has spent in our Nation’s centives to promote clean energy. NOT VOTING—1 entire history—combined. We are $22 These include tax credits for wind, for solar panels, as well as incentives Murray trillion in debt right now. So how are we going to pay for it—by borrowing for biodiesel and compressed natural The nomination was confirmed. more money we don’t have or by hiking gas. The clean energy strategies that The PRESIDING OFFICER (Mr. ROM- taxes? Republicans have been working on in a NEY). Under the previous order, the mo- The crushing burden is going to fall bipartisan way are working because tion to reconsider is considered made the hardest on working families. To get America leads the world in reducing and laid upon the table, and the Presi- to this number, it would drain every energy-related emissions. dent will be immediately notified of person’s checkbook in America, start- Since 2007, U.S. emissions have been the Senate’s actions. ing with Warren Buffett and going all down 14 percent. This progress is the result of innovation. So let’s continue f the way down. The Green New Deal would cost every American family as to promote proven solutions. Let’s re- LEGISLATIVE SESSION much as $65,000 a year every year. That ject the Democrats’ Green New Deal as is more than the average family makes unreasonable, unworkable, and in America. In Wyoming, where the av- unaffordable. erage family’s income is way above av- I yield the floor. MORNING BUSINESS erage, it would cost the family $61,000 a The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under year. ator from West Virginia. the previous order, the Senate will re- Despite the heavy toll it would take, Mrs. CAPITO. Mr. President, last sume legislative session for a period of the Green New Deal would still fail to week, I joined several of my colleagues morning business, with Senators per- significantly lower the Earth’s tem- to highlight the unrealistic and unrea- mitted to speak for up to 10 minutes perature. Already, America leads the sonable and impractical ideas of the each and with 30 minutes controlled by world in reducing carbon emissions. In Green New Deal—the staggering cost, the Senator from Iowa, Ms. ERNST, or 2017, the U.S. produced just 13 percent which is more than the Federal Gov- her designee. of the global emissions, and China and ernment has spent in our history; the The Senator from Wyoming. India combined produced 33 percent. misguided assumptions about what it

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.024 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1823 would take to decarbonize the U.S. Only a market-based solution like sources. Some of these breakthroughs economy on such an aggressive the FUTURE Act can lead to broad are being developed at the National En- timeline; and the sorts of social pro- adoption of CCUS. And CCUS is some- ergy Technology Lab in Morgantown, grams that fundamentally change the thing that the International Panel on WV, in conjunction with outside part- United States, and, I would add, not in Climate Change at the U.N. and several ners like West Virginia University. a good way, in my opinion. other climate and scientific organiza- I will continue to advocate for this But the worst part that has been tions say must be a part of the inter- kind of robust funding for these sorts talked about is a point I made last national solution to this global chal- of innovative energy programs, and I week. This resolution, this green deal lenge. will support improving energy effi- resolution, dismisses or ignores the re- The FUTURE Act also includes sup- ciency and ensuring that the United alistic and pragmatic environmental port for direct-air capture projects, and States remains a leader in carbon-free solutions that this Congress and past that means not just from a power nuclear energy. Congresses have already been working source or some other manufacturing Doing the hard-nosed legislating and on. source. It is actually capturing it in coalition building to achieve these I serve on the Environment and Pub- the free air in the environment, which goals is tough enough without all of lic Works Committee with Chairman can literally pull CO2 out of the atmos- the noise around a Green New Deal. De- BARRASSO, who just spoke, and we have phere for storage or use in marketable spite this distraction, I am confident been working together in many dif- products. That can work to make new we can continue to notch wins in this ferent areas to get the same sorts of industries carbon-negative and carbon- arena. We have to because there is sim- ends. neutral. ply too much riding on it for our econ- The supporters of the Green New The United States can be a leader in omy and for our environment. Deal actually claim Congress has done this space because the environment is a I yield the floor. nothing. Unfortunately, some in the global concern, and we can’t control The PRESIDING OFFICER. The Sen- media and some others seem to be reit- other countries’ industrial and envi- ator from Florida. erating that same message. ronmental policies, nor do we want Mr. SCOTT of Florida. Mr. President, As in so many policy arenas, the lat- them controlling ours. when it comes to bankrupting our est shiny object distracts from the With CCUS and direct-air capture, country, the Green New Deal puts all great bipartisan work that is being not only can we cut our emissions other ideas to shame. It calls for re- done in these Halls—work that some- while maintaining high-paying coal, building or retrofitting every building times just doesn’t get noticed—and gas, oil, and manufacturing jobs, but in America in the next 10 years, elimi- that is exactly what is happening here. we can also capture emissions emitted nating all fossil fuels in 10 years, elimi- Well, today I would like to highlight abroad and use them in value-added nating nuclear power, and working to- some of the practical, realistic, bipar- products. ward ending air travel. This Green New tisan efforts that will put us on the The FUTURE Act was passed as part Deal is not a serious policy idea; it is a right path without killing jobs or over- of the bipartisan Budget Act last Con- unicorn. burdening Americans with government gress, and we are already seeing new Democrats failed to grasp something spending and higher costs. projects being proposed to benefit from basic: Republicans and Independents Just yesterday, President Trump this policy. Even more will be coming care about the environment. We want signed into law the bipartisan lands forward as we build on this success, clean air, we want clean water, and we package we passed in the Senate last and that is where the USE IT Act want to take care of our environment month, and it was an overwhelming comes in. and natural resources. At the same vote. As part of that legislation, we We introduced that legislation with time, we also care about our economy, permanently reauthorized the Land the same group of cosponsors with En- jobs for families in our States, and and Water Conservation Fund, which is vironment and Public Works Com- making sure that everyone in our a critical resource for protecting and mittee Ranking Member CARPER step- country has the opportunity to suc- preserving some of our country’s most ping in for Senator Heitkamp. We have ceed. We believe that taking care of beautiful public lands, including those a similar coalition of supporters across the planet and working to create a bet- in my State of West Virginia. industry, environmental groups, State ter economy are objectives that can Another example of the legislative governments, and labor. and must be pursued at the exact same solutions that we have advanced is the The USE IT Act will direct an inter- time. FUTURE Act, which I led with my agency council to review the guidelines You can’t afford to take care of the Democratic colleagues, former Senator and create a playbook for permitting environment if you don’t have a strong Heidi Heitkamp from North Dakota CCUS projects and associated carbon economy. The Green New Deal would and Senator WHITEHOUSE from Rhode dioxide pipelines. This certainty from destroy our economy. To embrace this Island, along with Chairman BARRASSO. Federal Agencies is essential so that Green New Deal plan is to be an enemy That legislation had a bipartisan group those seeking to utilize the 45Q tax of the American economy and the of 25 cosponsors and the support of an credit that I talked about previously in American worker because when you incredibly diverse and broad coalition the FUTURE Act can do so before it stop and think about it, the Green New of supporters: environmental groups, expires. Deal is, in reality, the green job killer. oil and gas companies, Governors from I look forward to advancing this leg- Some will say: Why bother picking around the country, and labor unions. islation in Congress. We have already on this plan? It is not like it has any What cause could bring these diverse had a hearing on it—a very great bipar- chance of being enacted. stakeholders together? Carbon capture tisan hearing on this—and I look for- Here is the problem: A socialist from utilization and storage—CCUS. ward to furthering our achievements in New York City with a massive Twitter The FUTURE Act reauthorized and the CCUS space. following introduced this nonserious improved the section 45Q tax credit for The FUTURE Act also includes seed plan, and every single major Democrat CCUS, and it requires the certainty money for breakthrough innovations in running for President immediately em- that the carbon stays captured for good carbon capture. This expands on the braced it. Let that sink in for a mo- and is used in real products for market good work that is already being done in ment. potential. CCUS research and development, pri- Climate change is real and requires It is not about research and develop- marily through the funding of the Fos- real solutions, but the Democratic ment. There are other Federal pro- sil Energy Research and Development Party has accepted this economy-de- grams that are reserved for that impor- Office. stroying new deal as a new command- tant endeavor. It is about establishing Congress has invested more than $4 ment to go alongside single-payer real incentives for the commercial de- billion in CCUS through that program healthcare and higher taxes on job cre- ployment of CCUS technologies and es- alone, in addition to several other pro- ators. tablishing a national market for car- grams to make more efficient and envi- For most Americans, this plan is a bon. ronmentally sound use of our fossil re- declaration of war on the economy, our

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.026 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1824 CONGRESSIONAL RECORD — SENATE March 13, 2019 way of life, and the standard of living the sharp climb in energy prices that Last December, this body made his- for working class families across our we would see under the Green New tory for the first time since the War great country. Deal. This bad deal would force the Powers Resolution was passed in 1973. What does this mean for Florida? cost of doing business to skyrocket for A majority of Senators—56 of us, in a Well, it would mean the end of the Hoosier manufacturers and our farm- bipartisan way—used those powers tourism industry; that is, 1.4 million ers, which would mean higher prices from the War Powers Act to end U.S. jobs, massive job loss, and unemploy- for consumers and less money in the involvement in a war. ment. pockets of hard-working Hoosiers. Today we consider that exact same As for me, I love and cherish the en- Jim, a small business owner from resolution once again in the new Con- vironment. It is what makes the great Muncie, wrote to my office recently. gress. This time, however, unlike last State of Florida so great. What I don’t He said: ‘‘Please stop the Green New session, this resolution will be brought love are naive plans that would destroy Deal in its tracks NOW.’’ to the House floor, and I strongly be- Florida’s economy. I also heard from Patrick in Bloom- lieve will be passed. During my time as Governor of Flor- ington, who said: ‘‘As a man who has Let me say a brief word about the ida, we made record investments in our served my country in combat in Viet- war in Yemen. environment, and we were able to do nam 50 years ago and someone who In March of 2015, under the leadership that only because Florida’s economy loves my country deeply—I am very of Muhammad bin Salman, then Saudi was booming and we had the resources concerned about the direction our na- Defense Minister and now the Crown to make these investments. The Green tion is heading.’’ Regarding the Green Prince, a Saudi-led coalition inter- New Deal would reverse every ounce of New Deal, he added: ‘‘I hope you won’t vened in Yemen’s ongoing civil war. As progress we have made. give this idea a second thought.’’ a result of that intervention, Yemen is The most incredible part of the Green Dennis from Greenwood wrote: ‘‘My now experiencing the worst humani- New Deal plan is the statement that wife and I are strongly against the tarian disaster on the planet. they will provide ‘‘economic security ‘Green New Deal’. . . . We would rec- According to the United Nations, for all people of the United States.’’ No ommend that you not support this Yemen is at risk of the most severe government can ever do that. To argue crazy idea.’’ famine in 100 years, with some 14 mil- otherwise is a disservice to all hard- Well, Dennis, I don’t intend to. lion people facing the possibility of working Americans and nothing more Susan from Lafayette wrote: ‘‘Please starvation. In one of the poorest coun- than phony political posturing. hold strong and promote the values of tries on Earth, as a result of this war, I look forward to a time when we Indiana and many Americans. . . . ’’ according to the Save the Children or- don’t have to argue about ridiculous The bottom line is this: Hoosiers ganization, some 85,000 children in proposals being amplified in the media don’t want this harmful Green New Yemen have already starved to death and can actually focus on real solu- Deal. It sets unattainable goals that over the last several years—an un- tions to protect our environment and are bad for Hoosier farmers. It is bad imaginable number, unimaginable suf- build our economy. for our economy, and it is bad for our fering and destruction. If this war con- I yield the floor. families. tinues, what the experts tell us is that The PRESIDING OFFICER. The Sen- I yield the floor. millions more will also face famine and ator from Indiana. The PRESIDING OFFICER. The Sen- starvation. Mr. YOUNG. Mr. President, I rise ator from Vermont. Further, Yemen is currently experi- today to speak about the so-called S.J. RES. 7 encing the worst cholera outbreak in Green New Deal and its impact on Indi- Mr. SANDERS. Mr. President, let me the world, with as many as 10,000 new ana’s agricultural community and our begin by thanking Senator MIKE LEE cases each week, according to the Hoosier farmers. and Senator CHRIS MURPHY for their World Health Organization. This is a As I said last week, this misguided hard work on this important resolu- disease spread by infected water that Green New Deal is unaffordable, unat- tion—work which, in fact, has gone on causes severe diarrhea and dehydration tainable, and unrealistic. In fact, over now for several years. and will only accelerate the death rate. the next decade, this so-called deal Today is an extremely important The cholera outbreak has occurred be- would cost up to $65,000 per American day. Today we in the Senate have the cause Saudi bombs have destroyed household per year. opportunity to take a major step for- Yemen’s water infrastructure and peo- This proposal is a job killer, and it is ward in ending the horrific war in ple are no longer able to access clean bad news for hard-working Hoosiers. Yemen and alleviating the terrible, drinking water. This is especially true for Hoosiers who terrible suffering being experienced by The fact is that the United States, rely on our vital agriculture industry the people in one of the poorest coun- with little media attention, has been for their incomes. tries on Earth. Saudi Arabia’s partner in this horrific Allow me to run through a few num- Today, equally important, we can fi- war. We have been providing the bombs bers. In Indiana, agriculture supports nally begin the process of reasserting that the Saudi-led coalition is using. more than 107,000 Hoosier jobs. Agri- Congress’s responsibility over war- We have been refueling their planes be- culture also contributes an estimated making. As every schoolchild should fore they drop those bombs, and we $30 billion to Indiana’s economy. Indi- know, article I of the Constitution have been assisting with intelligence. ana is the 10th largest farming state in clearly states that it is Congress, not In too many cases, our weapons are the Nation, and we are the 8th largest the President, that has the power to being used to kill civilians. In August, ag export. Perhaps most importantly, declare war. In their great wisdom, the it was an American-made bomb that 97 percent of Hoosier farms are family Framers of our Constitution, the obliterated a schoolbus full of young owned or operated. Founders of this country, gave that boys, killing dozens and wounding Agriculture is a main driver of our enormously important responsibility many more. A CNN report found evi- State’s economy. It is often said that to Congress because the Members of dence that American weapons have Indiana feeds the world, and we take a the House and the Senate are closer been used in a string of such deadly at- lot of pride in that. We need our ag and more accountable to the people of tacks on civilians since the war began. community to continue thriving. Yet this country. This past weekend—this past week- the sponsors of this Green New Deal Tragically, however, over many end—at least 20 women and a child have spoken about cutting back on the years, Congress has abdicated that re- were killed in a Saudi-led airstrike on farming practices that employ Hoosiers sponsibility to Democratic Presidents Yemen’s northwestern Province of and put food on the table. and Republican Presidents. Today we Hajjah, as they huddled in a house to Imagine the crushing cost to Hoosier begin the process of reclaiming our avoid nearby clashes. As is so often the farmers of changing out all farm equip- constitutional authority by ending case in war, the innocent, the women ment for electric vehicles or the cost of U.S. involvement in a war that has not and the children, pay the price. upgrading every single building on been authorized by Congress and is Late last year, I met with several every farm in Indiana. This is on top of clearly unconstitutional. brave Yemeni human rights activists.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.027 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1825 They had come to Congress to urge us being driven from its stronghold in ican history. We also have troops in to put a stop to this war. They told me Yemen, one of al Qaeda’s most dan- many other countries around the clearly: When Yemenis see ‘‘Made in gerous franchises has entrenched itself world. The time is long overdue for America’’ on the bombs that are kill- in the country’s hinterlands as a dev- Congress to reassert its constitutional ing them, it tells them that the United astating war creates the conditions for role in determining when and where States is responsible for this war. That its comeback.’’ our country goes to war. This resolu- is the sad truth. Here is something that should deeply tion provides that opportunity. The bottom line is that the United concern us all. At a time when we are I hope this body will do exactly as it States should not be supporting a cata- spending billions to fight terrorism all did in December and, in a bipartisan strophic war led by a despotic regime over the world, a February CNN report manner, pass this resolution. The hu- with a dangerous and irresponsible for- revealed that Saudi Arabia and its coa- manitarian catastrophe has only got- eign policy. lition partners have transferred Amer- ten worse in Yemen, and our interven- Some have suggested that Congress ican-made weapons to al-Qaida-linked tion there is every bit as unconstitu- moving to withdraw support for this fighters in Yemen. Does anyone here tional as it was when we passed this war would undermine the United Na- think it makes sense that U.S. weapons resolution in December. tions’ efforts to reach a peace agree- should be given to groups who have de- Let us bring this catastrophic war in ment, but the opposite is true. It is the clared war against the United States? Yemen to an end. Let us focus our ef- promise of unconditional U.S. support This war is both a humanitarian and forts on a diplomatic resolution to end for the Saudis that undermines those a strategic disaster. that war. Let us provide the humani- efforts. Let us also not forget that this war is tarian aid needed to protect the hungry We have evidence of this. Last De- being led by a despotic, undemocratic and the sick in Yemen. In a historic cember, as we were preparing to vote regime in Saudi Arabia. The United vote 45 years after the passage of the on this same resolution, we received States of America—the most powerful War Powers Act, let us today reassert news that U.N. Special Envoy Martin country on Earth—should not be led Congress’s constitutional responsi- Griffiths reached a breakthrough into a regional war by our client states bility in terms of war-making. agreement for a ceasefire in the port that are trying to serve their own nar- Thank you. city of Hodeidah. That ceasefire, which row and selfish interests. I yield the floor. The PRESIDING OFFICER (Mr. COT- is being maintained today, is enabling It should not be Saudi Arabia that is TON). The Senator from Connecticut. food and increased humanitarian aid developing and implementing Amer- Mr. MURPHY. Thank you very much, into the country. ican foreign and military policy. Saudi Mr. President. I have spoken to people at the high- Arabia is a monarchy controlled by one Once again, I am very pleased to join est level of those negotiations, who of the wealthiest families in the my friend the Senator from Vermont have made it clear that our actions world—the Saud family. In a 2017 re- on the floor to press this body to take here in the Senate played a significant port by the Cato Institute, Saudi Ara- seriously its constitutional responsi- role in pushing Saudi Arabia toward an bia was ranked 149th out of 159 coun- bility and its responsibility to ensure agreement. That pressure must con- tries for freedom and human rights. Is that the United States doesn’t enter tinue, and the resolution I hope we this really the kind of country whose into hostilities abroad other than in pass today will do just that. foreign policy we should be supporting those situations that are vitally nec- Our effort on this issue has clearly with U.S. taxpayer dollars? essary to protect our national security made a positive impact, and I thank all For decades, the Saudis have funded interests. of the cosponsors of this resolution for schools, mosques, and preachers who I am so proud to have worked with their efforts and all of the civil society promote an extreme form of Islam Senator SANDERS, Senator LEE, and organizations—progressive and con- known as Wahhabism. many others here to build a truly bi- servative organizations—that have In Saudi Arabia today, women are partisan coalition that is going to do worked so hard to raise awareness of treated as third-class citizens. Women something that, as Senator SANDERS this conflict and the constitutional im- still need the permission of a male said, is historic. plications. guardian to go to school or to get a job. I have been coming down to the Sen- Above and beyond the humanitarian They have to follow a strict dress code ate floor for 4 years now raising con- crisis in Yemen, this war has been and can be stoned to death for adultery cerns about U.S. participation in this harmful to our national security and or flogged for spending time in the civil war. When the United States first the security of the region. The admin- company of a man who is not their rel- entered into an agreement with the istration defends our engagement in ative. Saudis to help them in their bombing Yemen by overstating Iranian support Last year, Saudi activist Loujain al- campaign, very few people could prob- for the Houthi rebels. Let me be clear. Hathloul, a leader in the fight for wom- ably locate Yemen on the map. Today, Iran’s support for the Houthis is of se- en’s rights, was kidnapped from Abu it is the subject of national conversa- rious concern for all of us, but the Dhabi and forced to return to the coun- tion. With passage in the Senate and truth is that support there is far less try. She is currently imprisoned, along the House, regardless of what the significant than the administration with many other human rights activ- President chooses to do, the world now claims. The fact is that the relation- ists. Human Rights Watch reported knows that the United States is paying ship between Iran and the Houthis has that imprisoned women activists have attention to the world’s worst humani- only been strengthened by this war. been subjected to torture, including tarian disaster—a nightmare inside The war is creating the very problem electric shocks, and other forms of Yemen that is taking the lives of tens the administration claims to want to physical and sexual assault. of thousands of people. solve. The people of the entire world re- Sometimes humanitarian disasters This war is also undermining the ceived a very clear understanding of and famines are caused by natural broader effort against violent extrem- the nature of the Saudi regime with events, those that we cannot control— ists. A 2016 State Department report the murder of Jamal Khashoggi in the droughts, for instance. This is a man- found that the conflict had helped al- Saudi consulate in Turkey. All of the made humanitarian catastrophe that Qaida and the Islamic State’s Yemen evidence suggests that the Saudi the United States has something to say branch ‘‘deepen their inroads across Crown Prince was directly responsible about, and we are going to say some- much of the country.’’ The head of the for that murder. Is that really the kind thing about it in a matter of hours. International Rescue Committee, of regime whose leads we in the United Let me just say a few things about former British Foreign Minister David States should be following? what will happen if we pass this resolu- Miliband, said in a recent interview I believe the U.S. Congress has be- tion and it becomes law and what will that ‘‘the winners are the extremist come far too comfortable with military not happen if we pass this resolution groups like Al Qaeda and ISIS.’’ Late interventions all over the world. We and it becomes law. I think Senator last year, the Wall Street Journal re- have now been in Afghanistan for near- SANDERS covered this, and we have cov- ported that ‘‘nearly two years after ly 18 years—the longest war in Amer- ered this enough.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.028 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1826 CONGRESSIONAL RECORD — SENATE March 13, 2019 The first thing that happens is that Crown Prince that they need to change last time, as people were telling us we uphold the Constitution. their behavior if they want to maintain that if we passed it we wouldn’t have I get it. Declaring war is a lot tough- this relationship. as much leverage in the negotiations, er today than it was 40 years ago or 100 Some people are going to vote successful negotiations were being con- years ago. It is not as if there are big against this because they say it has cluded in Stockholm. armies that march against each other nothing to do with Jamal Khashoggi. It This is a historic moment for the across open fields. Very rarely is there does. Jamal Khashoggi’s name isn’t in Congress to step up and say that a nice peace treaty signed to wrap up here. The names of the other American enough is enough. We are made weaker hostilities. Now we have shadowy and residents who are currently being de- in the eyes of the world when we will- more diffuse enemies who are harder to tained by Saudi Arabia aren’t in here. ingly participate in war crimes and define. We have wars that seem to But make no mistake—Muhammad bin when we allow for our partner to en- never end. But that doesn’t obviate Salman, who ordered this campaign of gage in activity that leads to the Congress’s responsibility to set param- political repression—his No. 1 foreign slaughter of innocents. eters around war. Just because it is policy priority is the perpetuation of Never mind the conduct of a war in harder to declare war today doesn’t the war inside Yemen. which our true enemies, al-Qaida and mean that we still don’t have the re- Given the violation of trust that has ISIS, are getting stronger and stronger sponsibility to do it. occurred with the United States over by the day. I hope we have the same bi- Over and over again, we have the murder of Jamal Khashoggi and partisan stamp of approval on this res- outsourced the decision on hostilities the coverup of it, it stands to reason olution today as we did last year, and to the President, whether it be Presi- that we would rethink our association I hope it stands as a new day for the dent Obama or President Trump. In with other priorities of the Crown Senate when we are more willing, on a large part, it is because we just don’t Prince’s if he blatantly lied to us about bipartisan basis, to do our concurrent want to be in this business any longer. his participation in the human rights responsibility, along with the execu- There is no doubt that when we are violation that has become the obses- tive branch, to set the foreign policy of helping Saudi Arabia drop bombs on sion of this country and the world. The this Nation. churches, on weddings, on cholera two are connected. This will be seen as I yield the floor. treatment facilities, and on some le- a message to the Saudis that they need The PRESIDING OFFICER. The Sen- gitimate military targets, we are en- to clean up their act. ator from New Jersey. gaged in a war, and we should declare What will not happen? Casualties will Mr. MENENDEZ. Mr. President, I it here. That is the first thing that not get worse. The Trump administra- rise to again support efforts to stop happens. tion says: Well, if we are not part of U.S. direct military support for the The second thing that happens if we the coalition, it just means we can’t Saudi-led coalition efforts in Yemen. pass this resolution and it becomes law stop civilians from being killed. I do not need to remind my col- is that we wash our hands of the blood Well, forgive me, but it doesn’t seem leagues what is at stake. Each time we associated with being a participant in like we have been doing too good of a have considered this resolution, the the creation of one the world’s worst job thus far if 85,000 children under the situation for Yemenis is even more humanitarian catastrophes. age of 5 have died of starvation and dis- dire. Never has the world seen a cholera ease and tens of thousands of civilians Now in its fourth year, this conflict epidemic as big as this one, at least in have been caught in the crossfire. We has put nearly 16 million people on the recorded history. There is no secret as can’t get into classified information brink of starvation, including 400,000 to why there is a cholera epidemic; it is here, but let’s just say there is a limit children who are severely malnour- because the Saudis bombed the water to what the United States can do as ished, displaced more than 3 million treatment facilities, so the water isn’t part of this coalition. people, and done nothing to increase clean any longer. There is no evidence to suggest that stability or prosperity for the people of Whether or not the United States casualties will get worse. In fact, the Yemen. In fact, the longer this conflict knew about this or signed off on it, we cover being lifted of U.S. endorsements goes on, the larger Iran’s foothold in don’t know, but the fact is, we should of this bombing campaign will make it Yemen grows and the more entrenched not be associated with a bombing cam- harder for the Saudis to take chances opposing political factions become. paign that the U.N. tells us is likely a because they know they don’t have the In addition to the horrifying humani- gross violation of human rights. United States to fall back on. tarian crisis, we have also learned that Third, if we pass this resolution and Second, the Saudis will not go some- U.S. coalition partners may be trans- it becomes law, peace becomes more where else. This idea that if we just say ferring U.S.-origin weapons to known— likely. we are not going to participate in this underline known—terrorist organiza- We have evidence of why that is be- one single war with you, that the tions. We have read alarming reports cause when we passed this resolution in Saudis will all of a sudden break rela- about torture and abuse in prisons the Senate at the end of last year, not tionships with the United States and throughout Yemen—both Houthi and coincidentally, within days, a partial go buy their military equipment from coalition controlled. ceasefire was announced in Hodeidah. Russia, is belied by how this alliance I will simply repeat what I have said Why is that? The reason is twofold. has worked for years. The complication before. It is in the interest of the One, when the Saudis realize they don’t of the Saudis turning around and United States to put as much political have a blank check from the United choosing to go to another partner, if pressure on the parties to end this con- States any longer, they get more seri- that is how this works, that the nature flict as we can. Yes, we have strategic ous about peace. Two, the Houthis, who of our relationship is one in which the partnerships with Saudi Arabia and the are the other party to this conflict and United States can never ever refuse a United Arab Emirates, but we must who don’t believe that the United request from the Saudis to participate find a way forward to get those rela- States is an honest broker or that any- in one of their military endeavors over- tionships on a path that truly serves one will actually be serious about en- seas, then that is not an alliance. An U.S. interests. forcing concessions they give, come to alliance allows you to tell your partner To be clear, the Houthis bear signifi- the table because they see that the when you think they are wrong and cant responsibility in the deterioration United States and others that we sup- choose, unless you have a treaty obli- of the state of affairs in Yemen, and port as part of the negotiations will ac- gation of some sort, whether you en- that is without a doubt. We do not have tually be honest brokers and that we gage with them. diplomatic relations with the Houthis, are only willing to go so far with our Lastly, as I mentioned, some people and we certainly don’t sell them arms Saudi partners. say we will lose our political leverage; or provide active military support. The fourth thing that happens, as that we will make it harder for nego- This resolution is a good first step, but Senator SANDERS has mentioned, is tiations to happen. It is exactly the op- what we really need is a comprehensive that we are able to send a message to posite, as evidenced by the fact that approach to address our interests in Saudi Arabia and specifically to the when we were debating this resolution the gulf.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.030 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1827 Along with Senators YOUNG, REED, and for the separation of powers, to say Some of my colleagues have argued GRAHAM, SHAHEEN, COLLINS, and MUR- nothing of prudence, of peace, and of to the contrary and have suggested PHY, I introduced the comprehensive justice. The House of Representatives that we are somehow not involved in Saudi Arabia Accountability and passed its own version of this resolu- this war in Yemen. Yet, if we are hon- Yemen Act. The bill calls for a suspen- tion earlier this year. Now it is back to est with ourselves, we know that isn’t sion of offensive weapons sales to Saudi us. Now it is our turn. Now it is our job true. We know that this argument falls Arabia, sanctions all persons respon- to get this passed. We have the oppor- dead flat on its face. As Defense Sec- sible for blocking humanitarian access tunity today to reassert Congress’s retary Jim Mattis himself acknowl- in Yemen or supporting the Houthis in constitutional role over declaring war edged in December of 2017, just a little Yemen, and urges accountability for and over putting American blood and over a year ago, our military has been all actors in Yemen guilty of war treasure on the line. helping the Saudis with target selec- crimes. In this particular case, the evidence tion assistance or with ‘‘making cer- Finally, it also addresses some of the is clear that we ought not be involved tain they hit the right thing.’’ most reckless Saudi actions by calling in this unconstitutional, unjustified, In other words, we are helping a for- for true accountability for those re- and, ultimately, immoral war. The eign power bomb its adversaries in sponsible for the murder of American Yemeni war has claimed the lives of what is, undoubtedly, indisputably, a resident and journalist, Jamal tens of thousands of people, including war. Previously, we were helping them Khashoggi, and a report on human those of countless innocent civilians. It even with midair refueling assistance— rights in Saudi Arabia. has created countless refugees, or- that is, helping Saudi jets that were en I support this resolution and encour- phans, widows, and it has also dis- route to bombing missions and other age us to continue to debate. We must placed countless families. The numbers combat missions on the ground inside evaluate our relationship with these are nothing short of staggering. of Yemen. If that doesn’t constitute di- Since 2015, more than 6,000 civilians partners and find a path forward not rect involvement in a war, I don’t have died, and more than 10,000 have just in Yemen but indeed in the entire know what does. been wounded. The majority of these gulf region that truly promotes Amer- Other opponents of our resolution casualties—over 10,000 of them—has ican interests and American values. claim somehow that our involvement been as the result of airstrikes led by Today is a day we can make a clear in Yemen is constitutional, that it is the Saudi-led coalition. In one attack and unequivocal statement that we do lawful under the War Powers Act of last year, the Saudis dropped a U.S.- not support this continuing conflict 1973. It is true that under the War Pow- made bomb on a schoolbus that killed and humanitarian disaster. There is a ers Act, the executive branch is au- 40 young children on a school trip and consequence for acting in the way the thorized to use Armed Forces in cases wounded another 30 children in addi- coalition has—in many cases, clearly, of emergencies and in other certain, tion to that. irresponsibly, with the reckless loss of Yemen is now facing rampant disease rigid, well-established time con- human life. I hope we can continue to and mass starvation. An estimated 15 straints. Yet, you see, the conflict in work to go beyond that so we can deal million people do not have access to Yemen does not constitute a threat to with the entire region’s challenges. clean water and sanitation, and 17 mil- the safety of American citizens, and I look forward to whatever is the lion don’t have access to food. Photo- our involvement has far surpassed any agreement on amendments that may be graphs from Yemen depict malnour- emergency time allotted under the War considered here. I personally would ished children who have every rib in Powers Resolution. like to see us get an up-or-down vote as their tiny bodies exposed and jetting The Houthis, while, perhaps, no a resolution. I understand there may be out as manifestations of their starva- friends of the American people, make some amendments. tion. Over 85,000 children have died of up a regional rebel group that does not Depending upon what amendments starvation since 2015. itself threaten American national secu- are made in order, I may seek a second- In short, the situation in Yemen has rity. In fact, the longer we fight degree amendment at the end of the become the worst humanitarian crisis against it, the more we give reason to day. I am concerned that one of these in the world, and the United States has it to hate America and to embrace the amendments that are contemplated been abating the horrors of this war. opportunists who are our true enemies may be well-intentioned but also may Indeed, our country has actually made in the region—those who make up the very well be used in such a way to ac- the crisis worse by helping one side regime in power in Iran. The more we tually undermine the very essence of bomb innocent civilians. I don’t say prolong the activities that destabilize the underlying vote we are taking. that lightly. It is with great soberness this region, the longer we harm our I will reserve my judgment until that that I raise this very real and very se- own interests in terms of trade and time on that, but in the interim, I urge rious accusation. broader regional security. all of my colleagues to continue to sup- So it begs the question: How did we The War Powers Act also states that port it, as they did in the last vote on get entangled in this crisis to begin the assignment of U.S. Armed Forces this question of this resolution. with? How did we get involved? Why to coordinate and to participate in the I yield the floor. and how and under what circumstances hostilities of a foreign power, of a for- I suggest the absence of a quorum. did this become our war to fight? eign country, itself constitutes a con- The PRESIDING OFFICER. The In March of 2015, Saudi Arabia flict of war. Some have argued that we clerk will call the roll. launched a war against the Houthi have not been engaging in hostilities The legislative clerk proceeded to rebels. Shortly after the Houthis and, therefore, somehow, have not vio- call the roll. ousted the Saudi-backed government lated the War Powers Act. This claim Mr. LEE. Mr. President, I ask unani- in the capital city of Sanaa, the Obama falls flat in several respects. mous consent that the order for the administration—without consulting First, the claim itself is categori- quorum call be rescinded. Congress, of course—authorized U.S. cally untrue. As we heard before, we The PRESIDING OFFICER. Without military forces to provide logistical are literally telling the Saudis what to objection, it is so ordered. and intelligence support to the King- bomb, what to hit, and what and whom Mr. LEE. Mr. President, I stand with dom of Saudi Arabia-led coalition to take out. Senator SANDERS and with Senator fighting that war. U.S. military sup- Second, these opponents are relying MURPHY as a cosponsor of the legisla- port has continued ever since then, for on an old, 1976 memorandum that is in- tion before us, S.J. Res. 7, which would the last 4 years, including with midair ternal to the executive branch and in- remove U.S. Armed Forces from Saudi refueling, surveillance, reconnaissance ternal to the Department of Defense Arabia’s war in Yemen. information, and target selection as- itself that was written by a lawyer There were 56 Senators who voted in sistance. In other words, we have been within the Department of Defense. favor of this resolution just a few supporting and, in fact, have been ac- Talk about the fox guarding the hen- months ago, in December, or at the end tively participating in the activities of house. It defers to a Department of De- of the last Congress. That vote was, of war. We are involved in this conflict as, fense lawyer’s memorandum from 1976 course, a victory for the Constitution no less, cobelligerents. that uses an unreasonably,

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.031 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1828 CONGRESSIONAL RECORD — SENATE March 13, 2019 unsustainably, indefensibly slim defini- gents has actually helped al-Qaida in This was a decided break from that tion of the word ‘‘hostilities.’’ This def- the Arabian Peninsula, or AQAP, as it tradition. There were other traditions inition may or may not have been rel- is often described, and ISIS’ Yemen that we continued, that we adopted. evant then. I don’t know. I was only 5 branch to ‘‘deepen their inroads across Many of our rights, our liberties, our years old at the time it was written. much of the country.’’ processes in government were pat- Yet we no longer live in a world in It appears that our involvement in terned after the British model. This which ‘‘war’’ means exclusively two Yemen accomplishes no good at all, one was not. It was deliberately the competing countries that are lined up only harm—and significant harm at choice of the Founding Fathers not to on opposite ends of the battlefield, in that. Recent events are bringing that continue with that tradition, and that two columns, and that are engaged in into an even clearer light. In October, is why we and only we can declare war. direct exchanges of fire across the there was the killing of Jamal You see, it is not that we are flaw- same ground. That is not how war is Khashoggi. Then, just the week before less. It is not that we are any smarter waged anymore. last, news broke that the Saudis tor- than people in other branches. Quite to War activities, of course, have tured a man while he was detained the contrary, it has only to do—and ev- changed dramatically since 1976. Like there in 2017. He had dual citizenship in erything to do—with the fact that we bell-bottoms and so many fads of that the United States and Saudi Arabia. are more accountable to the people at era, this is a dynamic that has changed Shortly before that, a report also came more routine intervals. today. Our war in today’s America in- out that suggested that Saudi Arabia When you put the power to declare creasingly relies on high technology had transferred American-made, Amer- war or authorize the use of military and on high-technology solutions. Our ican-manufactured weapons to al- force in Congress, you guarantee that wars have involved cyber activity, re- Qaida-linked fighters and to other mil- this decision will be made carefully connaissance, surveillance, and high- itant groups. In other words, the and deliberately in full view of the tech target selection. These, by the Saudis are likely using our own weap- American people. Public debates have a way, are the precise activities that we ons in violation of our own end-user way of bringing the American people ourselves are undertaking in Yemen. It agreements with them, by the way, to into the discussion, into the delibera- is not just that we are involved some- commit these atrocities of war. That is tion. how on the sidelines. These activities not OK. You see, there is no such thing as a themselves constitute war. It is becoming clearer and clearer clean war. There is no such thing as a Even aside from this overly narrow, that the Kingdom of Saudi Arabia is war that is detached from moral peril, cramped, and indefensible definition of not an ally that deserves our unwaver- from moral consequences, from grave the word ‘‘hostilities’’ and separate and ing, unquestioning, unflinching sup- and heartbreaking results in which in- apart from the definition of the word port. It is not an ally that deserves our nocent men, women, and children lose ‘‘hostilities,’’ under the War Powers support or our military intervention, their lives or are subjected to the worst Act, we ourselves do not have to tech- especially when our own security—the privations known to human beings. nically be involved in hostilities in safety of the American people—is not It is for that very reason that we owe order to trigger the responsibilities of on the line, and I haven’t heard anyone it to those affected by war—not just the Congress under the War Powers Act in this body maintain otherwise. the brave men and women who fight for Indeed, perhaps we ought not be sup- in order to make sure that the legisla- us and protect us but for people all porting this regime at all. At a bare tive branch actually does its job to de- over the world and for the good name minimum, we ought not be deferring clare war or to authorize the use of of the United States to be protected— unflinchingly to this regime, and we military force under the War Powers that as we publicly debate the moral ought not be fighting an unjust war on Act and under the Constitution. The consequences of war, the grave impli- its behalf half a world away, putting at War Powers Act, in fact, is triggered so risk not only U.S. treasure but also, cations that war has for our country long as we are sufficiently involved potentially, U.S. blood and the blood of and others involved in the conflict are with the armed forces of another na- countless innocent civilians who are in the business of all of the American peo- tion when those armed forces of an- the line of fire as a result of this. To ple and should never be reserved for other nation are themselves involved the contrary, to continue supporting one person. We need to carefully weigh the risks in hostilities, which they indisputably them in this war would be bad diplo- are. macy and would undermine our very and merits of engaging in any conflict The Saudi-led coalition directing the credibility on the world stage. in an open and in an honest manner. So activities in the civil war in Yemen Look, regardless of where you stand instead of placing this power in the against the Houthis is undeniably in- on this war, these decisions matter, hands of a King or even just in the ex- volved in hostilities. We are undeni- and we ought to take them seriously. ecutive branch generally where it can ably assisting the coalition in those In fact, each and every one of us has be used unilaterally to declare war, the movements, in those activities, in sworn an oath to take things like this Founders placed it here in Congress, those acts of war. We, therefore, by def- seriously. knowing that we are more accountable inition under the plain language of the The Constitution puts the war-mak- to the people than the other branches, War Powers Act itself, are subjected to ing power—the power to declare war— and the power would be less likely to the terms of the War Powers Act. The in the hands of Congress. There was a be abused here. Saudis are, without question, involved good reason for this. It has everything There is a lot at stake. There is a lot in those hostilities. We can’t doubt to do with the fact that Congress is the at stake whenever the lives of Amer- that. No one here can credibly claim to branch of the Federal Government ican military personnel are placed on the contrary. most accountable to the people at the the line and whenever the lives of inno- Finally, some argue that this resolu- most regular intervals, and our Found- cent men, women, and children are on tion might somehow harm or under- ing Fathers wisely understood that it the line, too—precious lives, each of mine or hurt our efforts to combat ter- was dangerous to allow the powers of immeasurable worth. These decisions rorism in the region specifically with government to accumulate in the result in the shedding of blood, the regard to al-Qaida and ISIS. Impor- hands of the few or in the hands of one shedding of blood that will be on our tantly, however, this resolution explic- person. hands if we fail both to exercise our itly states that the resolution would One of the reasons they put the war- constitutional prerogatives and to take not impede the military’s ability to making power in the hands of Congress that very responsibility very seriously. fight these terror groups. In fact, U.S. is they wanted to make a strong break Over the last 80 years, we have trag- involvement in Yemen has, arguably, away from the system that had evolved ically seen what happens when the undermined the effort against al- in our old system of government, the muscle of the legislative branch begins Qaida’s affiliates. The State Depart- one involved in our old capital based in to atrophy as a result of the failure of ment’s Country Reports on Terrorism London, where the chief executive him- those who occupy these very seats to for 2016 found that the conflict between self had the power unilaterally to make exercise their legislative muscle. When the Saudi-led forces and Houthi insur- war. we fail to exercise that power that the

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.033 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1829 Constitution entrusts to us, entrusted SEC. 6. RULE OF CONSTRUCTION REGARDING NO get worse. I think we all understand to us in that document to which each AUTHORIZATION FOR USE OF MILI- that. TARY FORCE. of us has taken an oath, we imperil the Consistent with section 8(a)(1) of the War Our partners will be less capable to entire system and the safety of our Powers Resolution (50 U.S.C. 1547(a)(1)), confront the lethal ballistic missile country. We also cheapen the moral nothing in this joint resolution may be con- threat, and peace efforts will lose a certainty with which our Armed Forces strued as authorizing the use of military vital line of support. Moreover, if a bal- need to be able to proceed in order to force. listic missile hits a population center make what they do right and legally AMENDMENT NO. 194 and kills Americans because we, due to and morally justifiable. (Purpose: To provide an exception for sup- the resolution, withheld intelligence, it So today, I respectfully and with all porting efforts to defend against ballistic would be unforgiveable. That is why I the passion and energy I am capable of missile, cruise missile, and unmanned aer- introduced an amendment to specifi- communicating urge my colleagues ial vehicle threats to civilian population cally protect our civilian population. once again to vote to end our involve- centers in coalition countries, including In closing, the vote is not about ment in this unauthorized, unjustified, locations where citizens and nationals of whether we approve of Saudi Arabia’s the United States reside) unconstitutional, and immoral war. behavior; I don’t. It is about whether On page 5, line 7, insert after ‘‘associated f we will use our leverage with the forces’’ the following: ‘‘or operations to sup- Saudi-led coalition to ensure humani- DIRECTING THE REMOVAL OF port efforts to defend against ballistic mis- sile, cruise missile, and unmanned aerial ve- tarian access and promote peace, and, UNITED STATES ARMED FORCES more fundamentally, it is about wheth- FROM HOSTILITIES IN THE RE- hicle threats to civilian population centers in coalition countries, including locations er we take seriously our responsibility PUBLIC OF YEMEN THAT HAVE where citizens and nationals of the United to keep Americans safe. That is really NOT BEEN AUTHORIZED BY CON- States reside’’. what this is all about. It merely in- GRESS AMENDMENT NO. 195 cludes that we would eliminate the Mr. LEE. Mr. President, I ask unani- (Purpose: To provide a rule of construction threats to civilian population centers mous consent that the Foreign Rela- regarding intelligence sharing) in coalition countries, including loca- tions Committee be discharged from Insert after section 3 the following new tions where citizens and nationals of further consideration of S.J. Res. 7 and section: the United States reside. I can’t imag- that the Senate proceed to the imme- SEC. 4. RULE OF CONSTRUCTION REGARDING IN- ine anyone would be opposed to that. diate consideration of S.J. Res. 7. I fur- TELLIGENCE SHARING. I yield the floor. ther ask that there be 2 hours of de- Nothing in this joint resolution may be I suggest the absence of a quorum. bate, equally divided between the two construed to influence or disrupt any intel- The PRESIDING OFFICER. The ligence, counterintelligence, or investigative leaders or their designees, with 10 min- clerk will call the roll. activities relating to threats in or ema- The bill clerk proceeded to call the utes of the Democratic time being re- nating from Yemen conducted by, or in con- served for Senator MENENDEZ; further, roll. junction with, the United States Govern- Mr. REED. Mr. President, I ask unan- that the following amendments be ment involving— called up and reported by number, Paul (1) the collection of intelligence; imous consent that the order for the amendment No. 193, Inhofe amendment (2) the analysis of intelligence; or quorum call be rescinded. No. 194, and Rubio amendment No. 195; (3) the sharing of intelligence between the The PRESIDING OFFICER. Without further, that no other first-degree United States and any coalition partner if objection, it is so ordered. amendments be in order and no second- the President determines such sharing is ap- DECLARATION OF NATIONAL EMERGENCY propriate and in the national security inter- Mr. REED. Mr. President, I rise to degree amendments be in order prior to ests of the United States. a vote in relation to these amend- support the joint resolution of dis- The PRESIDING OFFICER. The Sen- ments; finally, that upon the use or approval and to urge my colleagues to yielding back of that time, the Senate ator from Oklahoma. do so as well. Mr. INHOFE. Mr. President, just like vote in relation to the amendments in Let’s be clear, there is no national last year, I remain deeply concerned the order listed and that following the security emergency at the south- about the humanitarian situation in disposition of the amendments, the western border. The President and his Yemen, as well as the erratic behavior joint resolution, as amended, if amend- administration continue to mislead ed, be read a third time and the Senate of Saudi Arabia’s leadership. We have Americans about what really is hap- pening at the border in order to fulfill vote on passage of the joint resolution all suffered through that. However, I oppose the resolution a misguided campaign promise to build as amended, if amended, with 2 min- brought forth by Senators LEE, MUR- a wall. After weeks of threats and toy- utes equally divided prior to each vote. The PRESIDING OFFICER. Without PHY, and SANDERS, which, if imple- ing with the idea of declaring a na- objection, it is so ordered. mented, would end all security co- tional emergency to circumvent Con- The clerk will report the resolution operation with our partners in Yemen gress, the President, in my view, by title. against the Houthis. wrongly issued such a proclamation on The bill clerk read as follows: First of all, we are not engaged in February 15 under the authority of the A joint resolution (S.J. Res. 7) to direct hostilities in Yemen against the National Emergencies Act. the removal of United States Armed Forces Houthis, and here is what we are doing This proclamation redirects military from hostilities in the Republic of Yemen in Yemen: We are providing intel- construction funds provided by Con- that have not been authorized by Congress. ligence support that helps construct gress to the Department of Defense for Thereupon, the committee was dis- no-strike lists that enable humani- projects deemed important to the read- charged, and the Senate proceeded to tarian efforts and protect humani- iness, welfare, and missions of our consider the resolution. tarian aid workers. Armed Forces. This action is an ex- AMENDMENTS NOS. 193, 194, AND 195 Some of these workers are workers treme overreach of Executive author- The PRESIDING OFFICER. The we are very close to—our allies. Our in- ity. No President has ever declared a clerk will report the amendments by telligence support is also vital to as- national emergency to circumvent number. sisting our partners in defending them- Congress for a construction project he The bill clerk read the amendments selves against the Iranian-supported failed to get approved through legisla- as follows: ballistic missile attacks. tion. The Senator from Utah [Mr. LEE], for oth- It is important to emphasize that our In fact, this authority to use mili- ers, proposes amendments numbered 193, 194, partners are the tip of the spear, not tary construction funds in an emer- and 195. us. Beyond this, our security coopera- gency has only been used twice for The amendments are as follows: tion provides leverage that we have projects in the United States—first by AMENDMENT NO. 193 used with the Saudi-led coalition to ad- President George Herbert Walker Bush (Purpose: To provide that nothing in the vance peace negotiations. during Operation Desert Shield and joint resolution may be construed as au- If we pull that support, here is what then by President George W. Bush in thorizing the use of military force) we can expect: Israel loses, Iran wins, the aftermath of the 9/11 terrorist at- At the end, add the following: and the humanitarian situation will tacks—and those projects addressed

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.036 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1830 CONGRESSIONAL RECORD — SENATE March 13, 2019 immediate and recognized needs of our lieve these drugs are coming across the of any other department or agency of warfighters. While the administration southwestern border between ports of the Federal Government,’’ to include claims President Obama also used this entry—where they want to build this the ‘‘[c]onstruction of roads and fences authority, the distinction is, he used it wall—the facts from the Drug Enforce- and installation of lighting to block for its true intent, to provide facilities ment Agency’s 2018 National Drug drug smuggling corridors across inter- quickly in overseas locations for our Threat Assessment reveal otherwise. national boundaries of the United warfighters in combat zones. To say In the case of heroin, in their words, States.’’ those needs are the same as President ‘‘The majority of flow is through [pri- This seems to be within the realm of Trump’s campaign pledge to build a vately owned vehicles] entering the the President’s contemplation, but be- wall is simply wrong and misleading. United States at legal ports of entry.’’ cause there is only about $238 million The President tries to justify this This will not be stopped by building a remaining in this counterdrug account, emergency as responding to a humani- wall. the administration plans to reprogram tarian crisis at the border, but the wall When it comes to fentanyl, according roughly $2.5 billion appropriated in is not an effective solution to that cri- to the National Drug Threat Assess- other DOD accounts into this sis. What he ignores is the fact that the ment, smaller quantities but of higher counterdrug account to use for the House and Senate overwhelmingly ap- purity are ‘‘transported into the wall. We know much of the funds being proved $22.54 billion in border security United States in parcel packages di- transferred would not be used for their funding in the recent appropriations rectly from China or from China original intent. bill to enhance physical barriers at through Canada.’’ A wall on the south- For example, the Army will have ex- ports of entry, to hire additional law west border will not stop packages of cess funding in military pay because it enforcement personnel, to address the fentanyl coming through the mail from will not meet anticipated end strength, humanitarian needs of migrants, and China. Again, according to the DEA, and fewer personnel opted into the new to increase counternarcotics and the fentanyl that is smuggled in from blended retirement system than antici- counterweapons detection technologies Mexico is most commonly, in their pated, which created savings. However, used at the border. Moreover, I would words, ‘‘concealed in [vehicles] . . . instead of transferring these dollars to argue that to truly stop the influx of through [southwest border ports of higher priority defense needs, DOD will migrants at our southern border, there entry]’’—not through the terrain where have to use these amounts for the wall. has to be a much more coordinated the President wants to build a wall. Ironically, the $238 million now re- international effort led by the Depart- To underscore this point, just 2 days maining in the counterdrug accounts ment of State to address the conditions ago, Customs and Border Patrol an- will not be used for its original purpose in Central America that cause mi- nounced the seizure of the biggest ship- of providing critical intelligence, sur- grants to leave their homes. Stopping ment of cocaine recovered at the ports veillance, reconnaissance, and other mass migration at the source is the of New York and New Jersey in 25 detection capabilities for drug interdic- most effective and humane policy. years. About 1.6 tons of cocaine were In its statement opposing the resolu- seized from a shipping container that tion in the Caribbean, Central and tion before us today, the administra- arrived at the port in Newark, NJ. South America, and Asia. It will be tion characterizes increasing numbers President Trump’s wall would not have used to build a wall that will not solve of ‘‘family units, unaccompanied mi- stopped this shipment. the Nation’s drug problems. We are lit- nors, and persons claiming a fear of re- Instead of addressing, for example, erally taking money that is now being turn’’ as a national security threat and the high-purity fentanyl and fentanyl used to help interdict the flow of drugs a national emergency. Let us be clear. precursors coming from China or im- through the Caribbean, in the Pacific, These groups of people present no mili- proving law enforcement’s ability to et cetera, and will put it into the tary threat to our Nation. General detect and seize drugs at the ports of ground in Mexico, where the drugs are O’Shaughnessy, Commander of U.S. entry, this emergency declaration for a not passing through. Northern Command, confirmed this in wall will divert billions of dollars from We also know DOD has immediate a hearing before the Senate Armed our troops and other national defense and compelling needs of its own that Services Committee on February 26, priorities and will not make our coun- we should be addressing. The Air Force when he said: ‘‘The threats to our na- try any safer. Canceling or delaying and the Marines need billions of dollars tion from our southern border are not military construction projects will to clean up and rebuild Tyndall Air military in nature.’’ So I have a hard have damaging impacts to the military Force Base and Camp Lejeune after time understanding why the adminis- services. These projects are intended to hurricanes devastated both installa- tration thinks it is acceptable to use improve deteriorating airfields and tions last year. According to the Ma- Department of Defense dollars for a piers, provide modern training and rines, it is about $3.5 billion to Camp wall that would provide little to no maintenance facilities, rehabilitate an- Lejeune, and—according to some num- value to the Department of Defense in tiquated and hazardous hospitals and bers I have seen for Tyndall—it is countering the very real military schools, remediate environmental con- about $5 billion for Tyndall. Instead of threats our Nation does confront tamination at former bases, and con- fixing Camp Lejeune and Tyndall Air across the globe. tribute to alliance and partnership re- Force Base, the President is going to Some have argued that the wall is a sponsibilities around the globe. take that $8 billion and put it into a necessary response to the opioid crisis Bypassing congressional intent that wall through the deserts of the South- we are experiencing. There is no doubt these funds be used on vetted military west. we have a serious substance abuse cri- construction projects in order to build What is more important to the na- sis in this country. According to the a border wall Congress has rejected tional security of the United States Centers for Disease Control, over 70,000 time and again is an affront to our Na- than rebuilding our major Marine people died in 2017 of drug overdoses. tion’s system of checks and balances. Corps facility on the Atlantic Coast That means more people died that year It is also an abuse of the power of Con- and rebuilding our major Air Force fa- because of drug overdoses than due to gress granted to the President to use in cility in the Florida Panhandle? I car crashes or gun violence. These times of true security emergencies or think, clearly, we should invest in our numbers are staggering, and no com- in times of war to address the imme- troops in the Marines and Air Force. munity is immune. Congress has diate needs of our Armed Forces. We know all of the services continue to worked in a bipartisan manner to com- Furthermore, the administration have readiness gaps in aircraft mainte- bat this crisis, passing landmark legis- wants to use another authority, title 10 nance, depot maintenance, and ship lation and historic increases in fund- United States Code, section 284, which overhauls. We know there continues to ing, but the administration has failed allows the Department of Defense, be a shortage of childcare facilities in to live up to its commitments. A wall without requiring an emergency dec- certain locations, but these very real will not fix this problem. laration, to ‘‘provide support for the needs in our military are put in jeop- Indeed, while the administration counterdrug activities or activities to ardy because of the President’s obses- would have the American people be- counter transnational organized crime sion with building a wall on the border.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.038 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1831 As I indicated, the President intends The PRESIDING OFFICER. Without tion. We should not pass this resolu- to fill the 284 account by reprogram- objection, it is so ordered. tion. ming funds. Congress authorizes this S.J. RES. 7 One thing that all of these debates— reprogramming process to allow the Mr. SULLIVAN. Mr. President, I and I listened and I watched. Certainly, Department of Defense to conduct a wanted to come down here and partici- we debated this a couple of months ago certain amount of transfers of funds pate in this debate. It is the second one for almost a whole week. Do you know between accounts for unforeseen prob- we have had in a couple of months on what word never came up from my col- lems. By tradition and custom, re- the floor of the U.S. Senate regarding leagues in these debates—almost programming is done with the specific this resolution with regard to U.S. never? The word ‘‘Iran.’’ Why is that approval of the defense oversight com- policies and participation in helping important? As the Presiding Officer mittees, but this time, when DOD Saudi Arabia—a difficult ally but nev- probably knows, the Houthis are actu- transfers dollars to pay for the Presi- ertheless a longstanding ally of the ally backed by the Iranians. The Ira- dent’s wall, Congress will have no say. United States—in its conflict with re- nians are the biggest state sponsor of The administration will only notify gard to Yemen. There have been a terrorism in the world. Right now, we Congress it is happening. Again, this is number of speeches, as there were last are having this debate all about the hu- another example of complete disregard time we debated this issue a few manitarian crisis in Yemen, which we for the legislative branch’s role, as di- months ago on the Senate floor. want to stop—we want to stop—but rected by the Constitution, in approv- I do want to call out my Senate col- this resolution would say: OK, one of ing and appropriating funds for the ac- league from the great State of Utah, the best ways to stop it is we, the U.S. tivities of the executive branch. Senator LEE, who has been down here Senate, are going to tell the U.S. mili- Furthermore, the amount of funds passionately arguing the issue of con- tary that in terms of military assist- that can be reprogrammed in a year stitutional authority that the Presi- ance regarding Yemen, they can’t work has a $4 billion limit, and DOD will use dent may or may not have with regard at all anymore. We are not going to a significant portion of that $4 billion to our U.S. military activities with re- allow that. to transfer money for the wall. This gard to the conflict in Yemen. Senator Somehow our lack of involvement is means that billions of dollars of other LEE is a great constitutional scholar. going to, A, help end the war, and B, high-priority defense needs will not be He is someone who cares deeply about help end the humanitarian crisis. That met this year, needs like ship mainte- this issue, as do I. He is one of the lead- is the argument. That is what we are nance, unexpected fuel costs, vehicle ers in the Senate on this issue. That is voting on right now. I happen to think upgrades, and other equipment short- where he has been focused. That is why that argument is wrong. I think that, falls we will see at the end of this year. I believe he is part of this resolution but I am going to talk about some peo- The Department of Defense is in a situ- that we are going to be voting on here ple who have testified on this very ation where they have ships that have in a few minutes on the Senate floor. issue in the last couple of weeks who to be refueled, they have ships that I happen to disagree with him that have a lot of knowledge on this issue. I have to be overhauled, they have equip- under the War Powers Act, the United am going to replay a little bit of what ment that must be prepared for the States of America doing air refueling they said because I think it is impor- readiness of the troops that they will of Saudi aircraft—not above Yemen, tant for other Senators to hear this. not have the money for because it has not above our conflict zone, but above Yes, we have a lot of experts, but I am been spent already, and they have ex- Saudi Arabia—would constitute hos- going to talk about some of the people hausted their reprogramming not serv- tilities. I think that is too limiting a who have talked about this recently, ing the needs of the military but build- view of that statutory prohibition in who I think have a little more exper- ing a wall in the middle of the deserts the War Powers Act. I know Senator tise on this issue than the vast major- of the Southwest. LEE comes at this very honestly; I just ity—I would say actually every Mem- We need to address the real issues at happen to respectfully disagree with ber of this body, with all due respect. our southwest border. To do so, I will him. Let me go back to this point. Right continue to support effective border se- I say to the Presiding Officer, as you now, as the Ayatollahs in Tehran curity measures, such as those in the have been watching this debate, the watch this debate, they are very recently passed Homeland Security Ap- vast majority of my colleagues, all of pleased. They are very pleased. Why? propriations Act to invest in new tech- whom I have deep respect for—Senator Because nobody is talking about them. nology and equipment, increase the DURBIN, Senator SANDERS, Senator Nobody is talking about them. Well, I number of Customs and Border Protec- MURPHY, and Senator MENENDEZ—have am going to talk about them. tion agents, and make smart physical all been on the floor the last hour or so First of all, with regard to what improvements at ports of entry. making the case that if we, the United started as a humanitarian crisis— This law also included funding to in- States, limit our involvement in this which has been going on for a long crease the number of immigration war in Yemen, somehow it is going to time, but this war really kicked in judges to help reduce the backlog in get better. when Iranian-backed Houthi rebels our immigration system, provide hu- We all want the humanitarian crisis seized power in 2015. There is not a lot manitarian aid for Central American in Yemen to end. We all want that. I of discussion about how this began, but countries, and address humanitarian think all 100 U.S. Senators want that. that is how it began. Tehran has been concerns at the border. The arguments that have been made— trying to establish a Hezbollah-like en- These efforts are important and ap- and by the way, they were made a cou- tity on the Arabian Peninsula in propriate for the true nature of the sit- ple of months ago. We debated this for Yemen, increasing capabilities to tar- uation, but I cannot support diverting a week. Nearly every U.S. Senator get cities in Saudi Arabia with ballistic billions of dollars of money from the came down here on the floor. They missiles supplied by Iran. This is all needs of our men and women in uni- have just done it again. They said: The part of Iran’s broader strategy in the form to fulfill a campaign promise. Saudis are involved in this war in region to encircle our traditional al- Therefore, I will vote in support of the Yemen, a civil war—they are—and the lies—Saudi Arabia, the Gulf Arab resolution to terminate the President’s involvement of the United States is ac- States, and, of course, Israel—with inappropriate declaration. tually increasing the humanitarian cri- proxy fighters in Syria, Lebanon, and I yield the floor. sis. Yemen. Yet nobody is talking about I suggest the absence of a quorum. These are the arguments. I have been Iran. The PRESIDING OFFICER. The listening. By the way, they were the Let’s talk about the humanitarian clerk will call the roll. arguments a couple of months ago. crisis in Yemen. U.S. humanitarian aid The bill clerk proceeded to call the Senator after Senator after Senator has totaled almost $697 million in the roll. made that argument. Well, I just want- last 14 months. Yes, the Saudis could Mr. SULLIVAN. Mr. President, I ask ed to provide a counter-argument. I am do a much better job, but they have in- unanimous consent that the order for hoping my colleagues are listening be- vested over $1 billion in trying to end the quorum call be rescinded. cause we should not pass this resolu- the suffering.

VerDate Sep 11 2014 01:53 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.039 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1832 CONGRESSIONAL RECORD — SENATE March 13, 2019 Iran—the country that started this I had the honor of introducing Gen- ualties and continue to cause civilian war, the country that nobody on the eral Abizaid at his confirmation hear- casualties going into the future. That Senate floor is even talking about—has ing just last week. He was the U.S. is a great concern, and I think the not spent a dime to relieve the suf- Central Command commander. By the American people need to be concerned fering. Now, of course, they have sup- way, he was the U.S. CENTCOM com- about the humanitarian issues caused plied weapons and ballistic missiles in mander when this spread of these IEDs by the Iranian-backed Houthis. the tens of millions of dollars but noth- killing American soldiers started and This is last week in the Senate For- ing to relieve the suffering. began. I happen to have been a Marine eign Relations committee. Now, you (Mrs. BLACKBURN assumed the Corps major, a staff officer to General wouldn’t know it in this debate be- Chair.) Abizaid for 11⁄2 years during this time. cause everybody is saying the whole There is something else here that I I had the honor of introducing him. problem is Saudi Arabia. wanted to reemphasize on the floor of This is an individual who is a great Saudi Arabia is a problem. They are the Senate. The horrible death of Mr. American, by the way, who spent his an ally. They are a difficult ally. They Khashoggi is something we have all life in the Middle East. He retired as a are a complicated ally. But one of the condemned. It is very important that four-star general, speaks Arabic, has a experts in our country on this issue we do that. It is very important that master’s degree from Harvard on Mid- says that almost 100 percent of this is we get to the bottom of it. Again, there dle East studies, and was an Olmsted the Iranian-backed Houthis who caused has been a lot of discussion on that scholar at the University of Amman in the humanitarian crisis. death, and any death is a problem, but Jordan. He knows a lot about this issue Let me just make a couple of more let’s talk about some other deaths, that we are debating, as does Ambas- points. This is General Abizaid. I see again, caused by the Iranians—a coun- sador Tueller, who had just spent the the chairman of the Foreign Relations try we are not even talking about in last several years as the U.S. Ambas- Committee is on the floor, and I hope this debate. sador in Yemen. He is a career Foreign he will talk to this because this was in In 2005, 2006, and 2007, they started Service officer who is getting ready to front of his committee. Iran and its supplying Iraqi Shia militias with very go to Iraq as our Ambassador. proxies want us out of the region. sophisticated, improvised explosive de- We have a lot of expertise here, but, By the way, that is what this resolu- tion would help us do. This is General vices that killed and wounded over with all due respect to my Senate col- Abizaid last week: They see that their 2,000 American soldiers—2,000 Amer- leagues, these gentlemen have spent agenda is served by having the United ican soldiers. their lives in the region. I am just Where is the outrage on that? How States disengaged and out to not going to quote from a couple of the come no one is talking about that counter their malign influence. I think questions and answers that came from issue? Where are the editorials about it is very important that we work to General Abizaid and Ambassador that issue—killing our servicemem- ensure that the relationship with Saudi Tueller on what is going on in the re- bers? Arabia allows us to continue our influ- gion. The whole concept in which we have ence in the region. I think, as we con- Here is an important one. Ambas- to view this issue is through the lens of tinue to apply pressure to them, what I sador Tueller was asked about the hu- the Iranian efforts to spread terrorism hope is that we can create conditions manitarian crisis in Yemen. Remem- and to push their malign interests, in- with some of the elements to begin to ber, this is the current Ambassador to cluding in Yemen. Yet, once again, it is abandon sort of the Houthi ideological Yemen—a very, very knowledgeable ca- all about the Saudis, and no one is project, a project that because it is an reer political officer, a career Foreign talking about Iran. No one is talking Iranian project really in Yemen will Service officer. He said: But almost 100 about Iran. never bring stability to Yemen. What has happened in the last couple percent of the humanitarian catas- Again, what is going on here is that of days since we debated this issue 2 trophe in Yemen has been caused by the Iranian-backed Houthis in Yemen months ago? Well, we had an Armed the Iranian-backed Houthis that over- are causing the humanitarian crisis. Services Committee hearing. It was threw the Yemeni Government, de- The Iranian regime wants us out of the classified, but I am going to talk about stroyed the institutions of state, and region, including in Yemen, and the things that I asked some of the wit- caused approximately a 40-percent de- U.S. Senate is getting ready to vote on nesses—all of the witnesses with regard cline in the GDP of the country. a resolution that does just that. to operations in Yemen and Saudi Ara- Let me say that again. This is the Again, the Ayatollahs are watching bia—and the answers are clearly not current Ambassador to Yemen, who is this debate, and they are very pleased. classified. getting ready to be Ambassador to They are very pleased with what is I asked: Will stopping U.S. support to Iraq. He was asked who was respon- happening. help the Saudis end the conflict in sible. Right now, if you listen to the Let’s hear one more final thing that Yemen? No. Would it prevent more ci- Members of the Senate, it is all the General Abizaid said, again, in this vilian casualties? No. Would it give le- Saudis, and the Iranians have nothing hearing just last week—a man who un- verage to our negotiators and speed up to do with it. derstands so much more about what is the peace process? No. Would it support Here is a guy who knows more than going on in the region than my col- Israel’s interests in the region? No. anybody, with all due respect to the leagues here on the Senate floor: One Would it support the U.S. interests in people in this body, on Yemen: One of thing we can’t afford in Yemen, we the region? No. Would it help embolden the things I often feel badly about is can’t afford to withdraw U.S. expertise Iran with its regional malign goals? because we have a relationship with to the coalition about how to fight. Yes. Saudi Arabia, and understandably, hold He is talking about the Saudis. These are the experts in the U.S. in- them to a higher account. We do focus He continued: Does anyone think telligence community and the Pen- on the consequences of Saudi actions. that if we leave and take our assist- tagon giving these answers. This is That is what is going on in this debate ance with regard to the Saudis, that is about 3 or 4 weeks ago. They are ques- right now. But almost 100 percent of going to help the humanitarian situa- tions that I was asking. the humanitarian catastrophe in tion in Yemen? Let me give you another group of ex- Yemen has been caused by the Iranian- The question almost answers itself, perts. Just last week, we had a hearing. backed Houthis that overthrew the and here is General Abizaid, the former The Senate Foreign Relations Com- government in 2015, destroyed the in- CENTCOM commander, at the Senate mittee had a hearing for the nomina- stitutions of state, and caused approxi- Foreign Relations Committee just last tions of our new Ambassador to Saudi mately a 40-percent decline in the GDP week, saying that is not a good idea: If Arabia, General John Abizaid, and our of the country. we want them, the Saudis, to fight new Ambassador to Iraq, a career Am- He continued: I see very, very little right, we need to continue to give them bassador, Ambassador Tueller, a career reporting, for example, of the millions that expertise. Foreign Service officer. That Ambas- and millions of mines that the Houthis That is exactly the opposite of what sador had just spent the last several have planted around the country, that this Senate resolution is getting ready years as Ambassador to Yemen. in fact have caused more civilian cas- to do.

VerDate Sep 11 2014 02:12 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.040 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1833 He continued: As far as competence We are going to consider the Senate bet for achieving peace in Yemen, and in military operations conducted by joint resolution today, and it is a joint they appear to be at a critical juncture the Saudi coalition, I think they have resolution that directs removal of U.S. at this moment. much work to do. We all agree with Armed Forces from hostility in the In the past, we have helped advance that. It is very important for us to con- Yemen conflict unless authorized by the negotiations by using the support tinue to talk to them about the tar- Congress. The premise of this resolu- we provide to the coalition as leverage geting system—we all agree with tion is fundamentally flawed. over the parties to advance the negoti- that—and about the way that they go Let’s start here, though. Every single ating process. In the past, parties have about hitting the various targets, and one of us—all 100 of us—can agree what been reluctant to take on the negoti- about the professionalization of their a horrible situation this is and what a ating process, but in the place we are forces, and when mistakes are made, horrible catastrophe this is in Yemen. in, we have the ability to leverage that they do like what we do, which is But this resolution sets a bad prece- them to get there. to convene a board of officers, talk dent for using the War Powers Act to As this body considers ways to drive about the mistakes, and then take cor- express political disagreements with a effective U.S. policy that helps end the rective action necessary to gain better President under expedited Senate war and relieves humanitarian suf- and better expertise. rules. fering in Yemen, I urge Members to This is still General Abizaid, just last I want to start by making it abso- bear in mind that the U.N. negotia- week: I am hopeful that there is a way lutely clear what is and what is not tions are our best hope for achieving to move forward with regard to easing happening with respect to our current peace. We must do everything in our humanitarian problems in Yemen, and U.S. engagement in Yemen. power to advance this cause, and ad- that it will continue. And if I am con- First of all, this is what isn’t hap- vancing this cause does not mean turn- firmed—which we all hope he will be pening. What is not happening is the ing our backs on the negotiations and very soon—will tell the Saudi Govern- injection of U.S. troops into active hos- on what is going on there at this time. ment they need to do that. tilities in Yemen. We are not doing We need to stay engaged with the lim- But the former commander of U.S. that. ited engagement that we have had. 1 Central Command—and I spent 1 ⁄2 What we are doing, however, is most The peace envoys have come to this years with him in the region, seeing important. We provide limited, non- body and have testified over and over him in action every day—emphatically combat support, including intelligence again, and they are telling us they stated that if we don’t work with the sharing, and the practices that mini- want deeper U.S. engagement. Voting Saudis in terms of military assistance, mize civilian casualties to the Saudi- for this resolution sends a terrible mes- it is going to get worse. led coalition. This support is advisory sage of U.S. division and lack of re- The current Ambassador to Yemen in nature and helps defend the terri- solve. We need to send a signal and re- testified last week that almost 100 per- torial integrity of the region, which solve that we are committed to playing cent of the humanitarian crisis in faces a very real threat from the Ira- an important role in pushing for a sus- Yemen is caused by the Houthi rebels nians and the Iranian-backed Houthis. tainable political settlement. As I stat- backed by the Iranians. Yet, if you lis- This point can’t be understated. The ed, turning our backs at this critical ten to the debate today and if you lis- United States conducts war operations moment is only going to empower ten to the debate 3 months ago on the entirely differently from any other floor of the Senate, almost nobody them, and it is going to send a message country on the face of the Earth, and it to people that they don’t need to nego- even talks about Iran. is done with a direct and involved So given that the experts believe this tiate right now and that they are actu- method of minimizing civilian casual- ally making gains. strongly, given that they have more ties. Our presence here assists the par- knowledge—and they are not political; I urge my colleagues to vote against ties in conducting operations to mini- one is a career four-star general, and this at this time and give peace a mize those civilian casualties, and it is one is a career Foreign Service offi- chance through the negotiations. badly needed there because there are cer—and given that they think this is a Thank you. tremendous civilian casualties. I yield the floor. really bad idea to vote for this resolu- Iran’s support for the Houthis, nota- tion, I am not sure how it advances The PRESIDING OFFICER. The Sen- bly the transfer of missiles and other American interests. I am not sure how ator from Utah. weaponry, threatens to undermine our it advances humanitarian interests in Mr. LEE. Mr. President, I want to be partners’ territorial integrity. It im- Yemen, which we all want to advance. very clear about a couple of things. No. perils key shipping routes and puts It certainly will not advance the peace 1, the fact that the word ‘‘hostilities’’— U.S. interests at risk, including the process, which we all want to move for- Mr. INHOFE. Will the Senator yield thousands of U.S. personnel and citi- ward. for a parliamentary inquiry? The only entity in the Middle East zens currently within the range of Ira- Mr. LEE. Yes, sir. that will be cheering a resolution in nian-made missile systems under the Mr. INHOFE. It was my under- support of American withdrawal with control of the Houthis. That said, there standing that before the vote on my regard to the Saudis is the biggest can be no argument that after 4 long amendment, I would be recognized state sponsor of terrorism in the re- years of conflict, Yemen, a country prior to the vote for 1 minute or so. Is gion, and that is Iran. That is not just with a long history of socioeconomic that correct? me saying it. That is literally some of challenges is now in the grip of the The PRESIDING OFFICER. The first the most prominent experts in the world’s worst humanitarian crisis at vote is on the Paul amendment, but country who have spent their lives fo- this moment. An estimated 24 mil- there are 2 minutes of debate, equally cused on these issues. lion—80 percent of the Yemeni popu- divided, prior to this vote. I urge my colleagues to vote no on lation—are in need of some kind of as- The Senator from Utah. this resolution that we are going to sistance and 15.9 million people—more Mr. LEE. Mr. President, I need to take up here very soon. than half of the country’s population— make a few points, and I say these with I yield the floor. remain severely food insecure. great respect for my distinguished col- The PRESIDING OFFICER (Mr. A resolution to this conflict must be leagues on the other side of this issue, CRAMER). The Senator from Idaho. found, and make no mistake, many of with great respect for my colleagues, Mr. RISCH. Mr. President, first of us on a bipartisan basis are working the Senator from Alaska and the Sen- all, I want to associate myself with regularly every day to do everything ator from Idaho, from whom we just those clear, concise comments of my within our power to restore peace in a heard. friend and colleague from the great country that has been ravaged by years I must nonetheless insist on a couple State of Alaska. He is absolutely right of proxy war and fractious infighting. of points being made. No. 1, this tor- from not only a military standpoint But we all recognize that lasting peace tured definition of the word ‘‘hos- but also from the standpoint of getting can be achieved only through a polit- tilities’’ that we have heard over and this resolved through a political reso- ical settlement brokered by the U.N. over and over again is itself, No. 1, ri- lution. The U.N.-led peace talks are our best diculous and, No. 2, utterly at odds

VerDate Sep 11 2014 02:12 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.042 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1834 CONGRESSIONAL RECORD — SENATE March 13, 2019 with and irrelevant under the War The fact that Iran or the regime of cember 2018 Stockholm Agreement and Powers Act. Iran may be an enemy of the United resulting ceasefire around the port of The War Powers Act itself, in title 50 States does not justify our going to Hudaydah was a critical confidence of the United States Code, section war in a civil war against the Houthi building measure that will hopefully 1547(c), states in pertinent part that rebels in Yemen. To suggest otherwise provide a foundation for continued ne- ‘‘For purposes of this chapter, the term makes no sense and shouldn’t carry the gotiations. ‘introduction of United States Armed day here. I commend my colleagues Senators Forces’ includes the assignment of Third, experts—we hear a lot of talk SANDERS, MURPHY, and LEE for their members of such armed forces to com- about ‘‘experts.’’ I don’t care whether steadfast efforts to keep focus on the mand, coordinate, participate in the general this, that, or the other or civil- suffering of the Yemeni people. As the movement of, or accompany the reg- ian this, that, or the other in the Pen- events of the last 4 years have made ular or irregular military forces of any tagon or elsewhere in the executive clear, there is no military solution to foreign country or government when branch of the government thinks that this civil war. such military forces are engaged, or our going to war in somebody else’s I remain deeply concerned about the there exists an imminent threat that civil war half a world away makes significant number of civilian casual- such forces will be engaged, in hos- sense. I really don’t care. They don’t ties that have resulted from airstrikes tilities.’’ hold this office. by the Saudi-led coalition. I strongly There is absolutely no question here I care in the sense that I will listen supported the decision last fall to cease that the Kingdom of Saudi Arabia-led to them; I care in the sense that their U.S. aerial refueling support to the co- coalition is involved in hostilities. No opinion might be informative to us as alition, an outcome I long advocated one doubts that. No one tries to dress we exercise our constitutional author- for. It is appropriate for the U.S. to it up in ridiculous language amounting ity to decide whether we should go to help the coalition avoid civilian cas- to anything other than what it is, war. But it is a complete non sequitur ualties, but those efforts have not yet which is a war. It is also beyond dis- to suggest that general this, that, or yielded sufficient results. Secretary pute that our U.S. Armed Forces are, the other or somebody or other at the Pompeo acknowledged this fact when in fact, involved in the commanding, Pentagon who is an ‘‘expert’’ thinks he told Congress in September that the coordinating, the participating in that we should be in that war or that ‘‘Recent civilian casualty incidents in- the movement of and the accom- we should somehow be able to cir- dicate insufficient implementation of panying of those forces, as they them- cumvent the Constitution and the law reforms and targeting processes’’ and selves are engaged in hostilities. in order to go to war. ‘‘Investigations have not yielded ac- Therefore, the War Powers Act is itself Finally, with respect to the sugges- countability measures’’ into the behav- implicated, and that matters. tion that this would somehow hinder ior of coalition pilots flying missions Why? Well, because in the absence of our involvement in international hu- into Yemen. It is clear that the coali- an act of Congress authorizing this, it manitarian aid, that is completely in- tion has not sufficiently minimized the is unconstitutional for us to send our correct. That is not at all what this impact of the war on Yemeni civilians, brave young men and women into resolution does. This resolution and more must be done. The U.S. harm’s way. It is unconstitutional and wouldn’t do that. should use all available leverage to af- unlawful for us to be involved in a war, What this resolution does is very fect better outcomes. and, make no mistake, we are involved simple. It says that short of the U.S. The resolution before us would make in a war. Congress’s declaring war or authorizing clear that Congress does not support Next, we hear a lot about Iran—Iran the use of military force in the civil the introduction of U.S. forces into this and Iran that. I get that. I get that war in Yemen, half a world away, we hostilities in Yemen absent an affirma- some people in this Chamber really shouldn’t be there, and we should get tive authorization for the use of mili- like war or at least really like this out. I strongly urge my colleagues to tary force. I believe that any U.S. as- war. I get that some people in this support this resolution. sistance to members of the Saudi-led Chamber really distrust the regime in Thank you. coalition should be explicitly limited Iran, and of that latter group, I count Mr. REED. Mr. President, I would to the following objectives: enabling myself among them. The regime in like to discuss the situation in Yemen counterterrorism operations against al charge of Iran is not a friend of the and express my continued support for Qaeda and ISIS; defending the terri- United States and is, in fact, an enemy. the resolution that is currently before torial integrity of Saudi Arabia and I do not understand—for the life of us. UAE, including against specific, immi- me, I cannot comprehend how the fact The conflict in Yemen is approaching nent ballistic missile and UAV threats; that the Iranian regime is an enemy to its 4th year and has resulted in the preserving freedom of navigation in the the United States in any way, shape, or most severe humanitarian crisis in the maritime environment around Yemen; form authorizes an unconstitutional world. The human cost of this war is and enhancing the training and profes- war effort, an undeclared war by the truly hard to fathom. According to the sionalism of their armed forces with a United States in a civil war half a United Nations, approximately 20 mil- primary focus on the adherence to the world away in Yemen. It makes no lion people—or more than two-thirds of Law of Armed Conflict and the preven- sense. It is a complete non sequitur. Yemen’s population—have no reliable tion of civilian casualties. With par- So, look, if somebody wants to bring a source of food or access to medical ticular regard to defense against bal- resolution declaring war on Iran, let’s care; roughly 10 million Yemenis are listic missile and UAV threats, the have that conversation. If somebody on the brink of famine; more than 3.3 United States cannot be in the position wants to use military force in Iran or million Yemenis have been displaced of providing targeting information in anywhere else in the world—in from their homes; and credible reports Yemen that would be misused by the Yemen—let’s have that conversation indicate that approximately 80,000 chil- Saudi-led coalition either deliberately too. dren have died of starvation and an- or through carelessness. Remember a few years ago, when other 360,000 children suffer from se- Continued U.S. engagement is crit- President Obama decided he wanted us vere acute malnutrition. ical to helping to resolve the conflict to go to war in Syria. At the time he The international community must in Yemen, but any assistance to the made that point, Congress reconvened. come together to demand an end to the Saudi-led coalition should be provided I believe it was during a summer re- violence in Yemen and a sustainable in accordance with the principles out- cess. Congress came back. We had a lot political agreement. I strongly support lined above, activities which I do not of discussions. A lot of us received clas- the efforts of the U.N. Special Envoy believe conflict with the War Powers sified briefings in the SCIF, and, ulti- for Yemen Martin Griffiths, in partner- Resolution. From a policy perspective, mately, Congress concluded: Let’s not ship with the United States and other the provision of U.S. support that do that. We didn’t authorize that, but engaged nations, to expeditiously nego- could be used to enable offensive oper- that is, in fact, for Congress to decide. tiate an end to the conflict and bring ations against the Houthis runs That is, in fact, Congress’s decision. relief to the Yemeni people. The De- counter to our objective of ending the

VerDate Sep 11 2014 02:12 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G13MR6.044 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1835 civil war and risks exacerbating the This amendment provides an excep- VOTE ON AMENDMENT NO. 195 suffering of the Yemeni people. Beyond tion to this resolution in support of ef- The PRESIDING OFFICER. There is the humanitarian crisis, the conflict forts to defend against threats to civil- now 2 minutes of debate equally di- continues to negatively impact the ian population centers in coalition vided prior to the vote in relation to strategic security interests of the countries, including locations where amendment No. 195. United States, Saudi Arabia, and UAE, citizens and nationals of the United Mr. CORNYN. We yield back all time. including by emboldening Iran and re- States reside. But the President al- The PRESIDING OFFICER. All time lieving pressure on al Qaeda and ISIS. ready has authority to support the de- is yielded back. It is time for this war to end, and Con- fense of U.S. partners and U.S. citizens The question is on agreeing to gress should take every opportunity to residing in those countries, so it sim- amendment No. 195. make its voice clear on this point. ply duplicates the authorities the The amendment (No. 195) was agreed to. ORDER OF BUSINESS President already has. The joint resolution was ordered to Mr. LEE. Mr. President, I ask unani- In the best interpretation, this be engrossed for a third reading and mous consent that Senator MENENDEZ’s amendment is unnecessary, but this amendment could also very easily be was read the third time. time be reserved; that all other re- The PRESIDING OFFICER. The joint maining time be yielded back; and that used by the administration as a loop- hole that will allow the Department of resolution having been read the third the Senate begin voting on the amend- time, the question is, Shall the joint ments, as under the previous order. Defense to continue the unauthorized activities that the sponsors of this res- resolution pass? The PRESIDING OFFICER. Is there Mr. BARRASSO. I ask for the yeas olution are attempting to halt. objection? and nays. Without objection, it is so ordered. This resolution is intended to end The PRESIDING OFFICER. Is there a AMENDMENT NO. 193 U.S. support for the Saudi war against sufficient second? The PRESIDING OFFICER. There the Houthis in Yemen, support that has There appears to be a sufficient sec- will now be 2 minutes of debate, equal- not been authorized by Congress as the ond. ly divided, prior to the vote in relation Constitution requires. Under the lan- The clerk will call the roll. to the Paul amendment no. 193. guage of this amendment, the adminis- The bill clerk called the roll. Who yields time? tration could continue to wage that The result was announced—yeas 54, Mr. LEE. I yield back time. war under different pretenses. nays 46, as follows: Mr. SANDERS. We yield back time. The goal of this resolution is to get [Rollcall Vote No. 48 Leg.] The PRESIDING OFFICER. Is all the United States out of a war. Senator YEAS—54 INHOFE’s amendment creates a pretext time yielded back? Baldwin Hassan Peters The question is on agreeing to the to keep the United States in that war. Bennet Heinrich Reed amendment. I urge my colleagues to vote against Blumenthal Hirono Rosen The amendment was agreed to. it, and I move to table the Inhofe Booker Jones Sanders Brown Kaine Schatz AMENDMENT NO. 194 amendment and ask for the yeas and Cantwell King Schumer The PRESIDING OFFICER. There nays. Cardin Klobuchar Shaheen The PRESIDING OFFICER. Is there a Carper Leahy Sinema are now 2 minutes of debate, equally Casey Lee Smith divided, prior to the vote in relation to sufficient second? Collins Manchin Stabenow the Inhofe amendment. There appears to be a sufficient sec- Coons Markey Tester The Senator from Oklahoma. ond. Cortez Masto Menendez Udall Daines Merkley Van Hollen Mr. INHOFE. Mr. President, we have The clerk will call the roll. Duckworth Moran Warner heard a lot of controversy about this. I The legislative clerk called the roll. Durbin Murkowski Warren think the main thing for me at this The result was announced—yeas 52, Feinstein Murphy Whitehouse Gillibrand Murray Wyden late hour in relation to use of force— nays 48, as follows: Harris Paul Young ours is not that type of activity there. [Rollcall Vote No. 47 Leg.] NAYS—46 We are on the outside. We are pro- YEAS—52 viding intelligence. We are not the tip Alexander Fischer Risch Baldwin Heinrich Rosen Barrasso Gardner Roberts of the spear. We are not the inductee in Bennet Hirono Sanders Blackburn Graham Romney that type of action. Blumenthal Jones Schatz Blunt Grassley Rounds I would just say that if they are suc- Booker Kaine Schumer Boozman Hawley Rubio Brown King Shaheen Braun Hoeven Sasse cessful in their efforts, then the loser Cantwell Klobuchar Sinema Burr Hyde-Smith Scott (FL) would be Israel. Iran would be the win- Cardin Leahy Smith Capito Inhofe Scott (SC) Carper Lee Cassidy Isakson ner, and the humanitarian situation Stabenow Shelby Casey Manchin Cornyn Johnson would be worse. I think most of us un- Tester Sullivan Coons Markey Cotton Kennedy Udall Thune derstand that. Cortez Masto Menendez Cramer Lankford Van Hollen The amendment we are talking about Daines Merkley Crapo McConnell Tillis Warner right now is merely an amendment Duckworth Moran Cruz McSally Toomey Warren Wicker that would put us in a position where, Durbin Murphy Enzi Perdue Feinstein Murray Whitehouse Ernst Portman if a ballistic missile or cruise missile Gillibrand Paul Wyden or UAV hits a population center and Harris Peters Young The joint resolution (S.J. Res. 7), as kills Americans, because we, due to the Hassan Reed amended, was passed, as follows: resolution, withheld intelligence, it NAYS—48 S.J. RES. 7 would be unforgiveable. I think we all Alexander Ernst Perdue Resolved by the Senate and House of Rep- understand that. American lives could Barrasso Fischer Portman resentatives of the United States of America in be lost. Blackburn Gardner Risch Congress assembled, Blunt Graham Roberts SECTION 1. FINDINGS. That is why I introduced an amend- Boozman Grassley Romney ment to specifically protect civilian Congress makes the following findings: Braun Hawley Rounds (1) Congress has the sole power to declare Burr Hoeven Rubio populations. I am talking about not war under article I, section 8, clause 11 of the just other countries but our civilian Capito Hyde-Smith Sasse Cassidy Inhofe Scott (FL) United States Constitution. population. We all know the exposure Collins Isakson Scott (SC) (2) Congress has not declared war with re- is there, and this would take that expo- Cornyn Johnson Shelby spect to, or provided a specific statutory au- sure away. Cotton Kennedy Sullivan thorization for, the conflict between mili- Cramer Lankford Thune tary forces led by Saudi Arabia, including MOTION TO TABLE Crapo McConnell Tillis forces from the United Arab Emirates, Bah- The PRESIDING OFFICER. The Sen- Cruz McSally Toomey Enzi Murkowski Wicker rain, Kuwait, Egypt, Jordan, Morocco, Sen- ator from Vermont. egal, and Sudan (the Saudi-led coalition), Mr. SANDERS. Mr. President, I The motion to table the amendment against the Houthis, also known as Ansar strongly oppose this amendment. (No. 194) was agreed to. Allah, in the Republic of Yemen.

VerDate Sep 11 2014 03:47 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.006 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1836 CONGRESSIONAL RECORD — SENATE March 13, 2019 (3) Since March 2015, members of the of the enactment of this joint resolution (un- have printed in the RECORD informa- United States Armed Forces have been intro- less the President requests and Congress au- tion about a program she founded to duced into hostilities between the Saudi-led thorizes a later date), and unless and until a help educate children of all ages about coalition and the Houthis, including pro- declaration of war or specific authorization the importance of being a good digital viding to the Saudi-led coalition aerial tar- for such use of United States Armed Forces citizen. geting assistance, intelligence sharing, and has been enacted. For purposes of this reso- mid-flight aerial refueling. lution, in this section, the term ‘‘hostilities’’ There being no objection, the mate- (4) The United States has established a includes in-flight refueling of non-United rial was ordered to be printed in the Joint Combined Planning Cell with Saudi States aircraft conducting missions as part RECORD, as follows: Arabia, in which members of the United of the ongoing civil war in Yemen. Mobile Mamma is a non-profit organiza- States Armed Forces assist in aerial tar- SEC. 3. RULE OF CONSTRUCTION REGARDING tion which was founded in 2017 in Cresco, geting and help to coordinate military and CONTINUED MILITARY OPERATIONS Iowa. We are 6 moms who are working pro- intelligence activities. AND COOPERATION WITH ISRAEL. fessionals that use a common-sense approach (5) In December 2017, Secretary of Defense Nothing in this joint resolution shall be to educate about the impact of technology. James N. Mattis stated, ‘‘We have gone in to construed to influence or disrupt any mili- We personally have children ranging in age be very—to be helpful where we can in iden- tary operations and cooperation with Israel. from kindergarten to college and wanted to be better educated about using devices of tifying how you do target analysis and how SEC. 4. RULE OF CONSTRUCTION REGARDING IN- you make certain you hit the right thing.’’. TELLIGENCE SHARING. daily use, with the common goal to keep our children safe and secure while being online. (6) The conflict between the Saudi-led coa- Nothing in this joint resolution may be From our own research, we felt compelled to lition and the Houthis constitutes, within construed to influence or disrupt any intel- design a curriculum to share with students the meaning of section 4(a) of the War Pow- ligence, counterintelligence, or investigative ers Resolution (50 U.S.C. 1543(a)), either hos- and adults of all ages. activities relating to threats in or ema- Statement of the Problem. Children today tilities or a situation where imminent in- nating from Yemen conducted by, or in con- are so self-reliant on their mobile devices volvement in hostilities is clearly indicated junction with, the United States Govern- which in turn has caused a social disconnect by the circumstances into which United ment involving— with society. Children are more concerned States Armed Forces have been introduced. (1) the collection of intelligence; with their ‘‘e-reputation’’ and not as much of (7) Section 5(c) of the War Powers Resolu- (2) the analysis of intelligence; or what their real-life reputation is. Parents tion (50 U.S.C. 1544(c)) states that ‘‘at any (3) the sharing of intelligence between the have an ethical and moral role to provide time that United States Armed Forces are United States and any coalition partner if children with online safety. The problem is, engaged in hostilities outside the territory the President determines such sharing is ap- children are not safe online and parents are of the United States, its possessions and ter- propriate and in the national security inter- unaware of the detrimental dangers, harms, ritories without a declaration of war or spe- ests of the United States. and effects of social media. cific statutory authorization, such forces SEC. 5. REPORT ON RISKS POSED BY CEASING Conceptual Framework. Clear and concise shall be removed by the President if the Con- SAUDI ARABIA SUPPORT OPER- communication about parents’ expectations gress so directs’’. ATIONS. are especially important. Research has dem- (8) Section 8(c) of the War Powers Resolu- Not later than 90 days after the date of the onstrated that teens, whose parents use ef- tion (50 U.S.C. 1547(c)) defines the introduc- enactment of this joint resolution, the Presi- fective monitoring practices, are less likely tion of United States Armed Forces to in- dent shall submit to Congress a report as- to make poor decisions such as having sex at clude ‘‘the assignment of members of such sessing the risks posed to United States citi- a young age, smoking, using illegal drugs, armed forces to command, coordinate, par- zens and the civilian population of Saudi drinking alcohol, being physically aggres- ticipate in the movement of, or accompany Arabia and the risk of regional humanitarian sive, or skipping school (Center for Disease the regular or irregular military forces of crises if the United States were to cease sup- Control and Prevention, 2012). Teens who be- any foreign country or government when port operations with respect to the conflict lieve their parents disapprove of risky be- such military forces are engaged, or there between the Saudi-led coalition and the haviors are less likely to participate in these exists an imminent threat that such forces Houthis in Yemen. behaviors. Teens rely on their parents and will become engaged, in hostilities,’’ and ac- SEC. 6. REPORT ON INCREASED RISK OF TER- other adults in their daily lives for informa- tivities that the United States is conducting RORIST ATTACKS TO UNITED tion about online safety. In 2013, a study by in support of the Saudi-led coalition, includ- STATES ARMED FORCES ABROAD, the Center for Disease Control and Preven- ing aerial refueling and targeting assistance, ALLIES, AND THE CONTINENTAL tion titled ‘‘Adolescents, Technology, and fall within this definition. UNITED STATES IF SAUDI ARABIA Reducing Risk for HIV, STDs, and Preg- (9) Section 1013 of the Department of State CEASES YEMEN-RELATED INTEL- nancy’’, a participant stated ‘‘I multitask Authorization Act, Fiscal Years 1984 and 1985 LIGENCE SHARING WITH THE every second I am online. At this very mo- UNITED STATES. (50 U.S.C. 1546a) provides that any joint reso- ment, I am watching TV, checking my email Not later than 90 days after the date of the lution or bill to require the removal of every two minutes, reading a newsgroup enactment of this joint resolution, the Presi- United States Armed Forces engaged in hos- about who shot JFK, burning some music to dent shall submit to Congress a report as- tilities without a declaration of war or spe- a CD, and writing this message’’ (a 17-year- sessing the increased risk of terrorist at- cific statutory authorization shall be consid- old male). According to Farrukh, Sadwick, tacks on United States Armed Forces ered in accordance with the expedited proce- and Villasenor (2014), parents seek informa- abroad, allies, and to the continental United dures of section 601(b) of the International tion on how to best protect children online States if the Government of Saudi Arabia Security and Arms Export Control Act of through various channels. Parents utilize were to cease Yemen-related intelligence 1976 (Public Law 94–329; 90 Stat. 765). general news media 38% of the time, other sharing with the United States. (10) No specific statutory authorization for parents 37%, and school teachers 29%. the use of United States Armed Forces with SEC. 7. RULE OF CONSTRUCTION REGARDING NO Statement of the Purpose. The purpose of respect to the conflict between the Saudi-led AUTHORIZATION FOR USE OF MILI- the Be a B.E.A.R. program is to educate chil- TARY FORCE. coalition and the Houthis in Yemen has been dren of all ages about the importance of Consistent with section 8(a)(1) of the War enacted, and no provision of law explicitly being a good digital citizen. The Be a Powers Resolution (50 U.S.C. 1547(a)(1)), authorizes the provision of targeting assist- B.E.A.R. curriculum is designed to teach nothing in this joint resolution may be con- ance or of midair refueling services to war- children from kindergarten through high strued as authorizing the use of military planes of Saudi Arabia or the United Arab school about what is acceptable to portray force. on social media and what is not acceptable. Emirates that are engaged in such conflict. f The intention of the Be a B.E.A.R. program SEC. 2. REMOVAL OF UNITED STATES ARMED is not only designed for children but can be FORCES FROM HOSTILITIES IN THE MORNING BUSINESS REPUBLIC OF YEMEN THAT HAVE applied to adults as well. The purpose of the NOT BEEN AUTHORIZED BY CON- Mr. SULLIVAN. Mr. President, I ask program is to gain a positive structured ap- GRESS. unanimous consent that the Senate be proach to handling online situations. Pursuant to section 1013 of the Department Significance of the Program. There is an of State Authorization Act, Fiscal Years 1984 in a period of morning business, with ethical and moral responsibility of schools and 1985 (50 U.S.C. 1546a) and in accordance Senators permitted to speak therein and adults that give these devices to chil- with the provisions of section 601(b) of the for up to 10 minutes each. dren, to properly educate themselves and International Security Assistance and Arms The PRESIDING OFFICER. Without their children. With the rising mental health Export Control Act of 1976 (Public Law 94– objection, it is so ordered. crisis, not only in Iowa but across the Na- 329; 90 Stat. 765), Congress hereby directs the tion, the devices of daily living (also known President to remove United States Armed f as Smartphones, tablets, etc) are causing Forces from hostilities in or affecting the MOBILE MAMMA these issues. Some of these issues include: Republic of Yemen, except United States low self-esteem, anxiety, depression, sadness, Armed Forces engaged in operations directed Mr. GRASSLEY. Mr. President, on sleeplessness, and paranoia. Due to the men- at al Qaeda or associated forces, by not later behalf of my constituent, Christy tal health concerns, if we can get this pro- than the date that is 30 days after the date Teslow, I ask unanimous consent to gram in schools it will help give a positive

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Congress is about to debate, for the This program continues to educate both par- Last year, that opposition culminated third and final time, legislation to ents and children about cybersecurity/safety, in President Morales expelling the grant amnesty to former military per- the potential harms and dangers associated with the evolving virtual environment, and CICIG commissioner and subsequently sonnel who are charged with or con- discusses in detail about the responsibility announcing that the agreement estab- victed of war crimes and crimes needed by all ages when it comes to the con- lishing CICIG would be terminated, ef- against humanity. If the amnesty leg- stant influx of technology in our children’s fective immediately. That announce- islation is approved, those serving pris- lives. With the increasing suicide rates, ment was made, without warning, after on sentences will reportedly be re- there is a direct correlation between human months of negotiations between Guate- leased within 24 hours. The Guate- trafficking, cyberbullying, and sexting that malan, UN, and U.S. officials on re- malan Congress has long had a reputa- are negatively impacting society. forms requested by the Morales govern- tion for being corrupt, and absolving DEFINITION OF TERMS ment, which would have established military officers who engaged in hei- Good digital citizen: While online por- the position of Deputy Commissioner nous crimes is clearly a payoff to ob- traying yourself as a positive person and as well as certain reporting and over- struct justice and undermine the rule using appropriate etiquette sight requirements. of law. Good digital footprint: Leaving positive In response to that announcement, as markers when using the internet and social We remember that Guatemala was media sites well as other worrisome trends in Gua- ravaged by three decades of an internal B.E.A.R.: temala, last week Senator CARDIN and armed conflict that included crimes of B = breathe, stop and take a breath before I, along with Representatives TORRES genocide. An estimated 200,000 people, reacting to a situation that may cause you and MCGOVERN, introduced legislation mostly rural Mayan villagers, were negative feelings in the Senate and House entitled the killed, and, according to the United E = explain to the other person or parties ‘‘Guatemala Rule of Law Account- Nations, more than 90 percent of those how the negative behaviors that are being ability Act.’’ Its purpose is to respond killings were committed by the army. portrayed are impacting you personally to the flagrant actions by the Morales A = affirm actions, your choice is to walk The peace accords that ended that dis- away, block the other party on social media, government to subvert the rule of law, aster were never implemented, and for and ignore including its campaign against CICIG. decades, the victims of those crimes R = report the unwanted behavior to a In fact, the Morales government were denied justice. Now the Guate- trusted adult such as parents, teachers, or lacks authority to unilaterally curtail malan Congress, with the support of counselors. an agreement with the United Nations, President Morales, is on the verge of Timeline. Currently, we are involved with a point that was made clear by the UN adding insult to injury by freeing the two Northeast Iowa School Districts. We are Secretary General. CICIG’s mandate few army officers who were sent to using a 7-week program to educate the stu- continues in effect until September prison. If that happens, the Guate- dents in the following grades kindergarten, 2019, at which point it may or may not third, sixth, eighth, and eleventh about the malan Government will join other pa- Be a B.E.A.R. program. Each student has be renewed. However, I am concerned riah governments that fail to uphold completed a pre-test about the different ob- that there are some, including at the their most sacred obligation to provide jectives that are covered in the core cur- UN, who believe CICIG should signifi- security and justice for their citizens. riculum. After completion of the program cantly reduce its activities and, for all there will be a post-test administered to de- intents and purposes, fade into the sun- f termine the learning curve of the students. set. This would mean that, for the re- SAUDI ARABIA Currently, we do not have substantial re- maining 6 months of its current man- sults because of the initiation phase we are date, CICIG personnel would no longer Mr. LEAHY. Mr. President, it has in. After the completion of our 7-week pro- attend trials or engage in further in- been more than 5 months since jour- gram we will have results to support our nalist and American resident Jamal statement of intent. vestigations. Essentially, CICIG would Conclusion. By implementing these steps discontinue its public activities and its Khashoggi was tortured and murdered of the Be a B.E.A.R. program with children personnel would be limited to pre- inside the Saudi consulate in Istanbul. and adults, we can bring positivity and edu- paring for the shutdown that would More than 5 months since the Saudi cation while being safe online. presumably occur in September. Government initially denied it had f This is extremely worrisome for sev- anything to do with Mr. Khashoggi’s eral reasons. First, donors would be disappearance and told the world, in a GUATEMALA paying to simply keep the lights on. calculated and quickly disproven lie, Mr. LEAHY. Mr. President, for the Second, CICIG would cease to function that he left the consulate unharmed. past dozen years, the International half a year before the end of its man- As the Saudi Government’s com- Commission against Impunity in Gua- date. This would be an enormous waste plicity became clear, its explanations temala, with financial support from of time and resources that could be became even more convoluted. We were the United States and other countries, used to continue pursuing important told to accept that the operation that has worked in collaboration with Gua- cases and to ensure their proper hand- resulted in Mr. Khashoggi’s death was temala’s Public Ministry. That part- off to the public ministry. Third, it an interrogation gone wrong, carried nership has enabled courageous Guate- would send a terrible message to the out by rogue agents who somehow flew malan prosecutors to investigate and Guatemalan people, especially to the to Istanbul, executed Mr. Khashoggi, bring to trial cases they never could families of the victims. and worked with a local collaborator to have pursued without the international CICIG’s work under Commissioner cover up the crime, all, despite their ‘‘shield’’ and assistance provided by Ivan Velazquez has been important not ties to the highest levels of govern- CICIG. It has also enabled courageous only for Guatemala, but for all of Cen- ment, without the knowledge of the constitutional court magistrates to de- tral America. There are still many Crown Prince. Although Senators—Re- fend Guatemala’s weak judicial insti- cases under investigation. Abandoning publicans and Democrats—who have tutions. In a country where throughout these cases would be a grave mistake. been briefed on the matter found that its history high-ranking public offi- It would signal that the Morales gov- possibility preposterous, President cials, including senior military offi- ernment’s tactics of intimidation and Trump and Secretary Pompeo seemed cers, and corporate elites have enjoyed obstruction of justice paid off. It would ready to accept the Saudi Govern- near total impunity for corrupt acts undermine future anticorruption ef- ment’s lies. and violent crimes, the Guatemalan forts in Guatemala, as well as send a The truth is that, while there is a people finally saw that justice is pos- terrible message to anticorruption ef- mountain of information circulating in sible. fort’s in Honduras and fledgling efforts the press that suggests the Crown Not surprisingly, that collaboration in El Salvador. The United Nations and Prince was involved in the planning encountered fierce opposition from its the international community have a and approval of the assassination of inception. The same high-ranking offi- responsibility to do everything possible Mr. Khashoggi, there are still many cials and elites who feared becoming to prevent this result. unanswered questions.

VerDate Sep 11 2014 02:12 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.012 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1838 CONGRESSIONAL RECORD — SENATE March 13, 2019 We know the Saudi Government iden- this murder, the White House will and he remains in prison. In fact, be- tified certain Saudi officials who alleg- share the blame for attempting to fore Mr. Khashoggi was murdered, he edly carried out this murder, but we do cover up the crime and for helping wrote about Dr. Fitaihi’s detention on not know how they were identified, those responsible to evade justice. social media to decry the arbitrary and what these officials were asked, by The administration should also urge repressive trends developing under the whom, and what they have said about the Saudi Government to guarantee a Crown Prince’s rule. Like Jamal the crime, or why some of them were fair and public trial for the men ac- Khashoggi, there is not a shred of evi- brought to trial and others were not. cused of being involved in the killing of dence that Dr. Fitaihi is guilty of any- We know that the Trump administra- Mr. Khashoggi, that meets inter- thing. He should be released imme- tion sanctioned 17 Saudi officials, but national standards of due process. A diately. I ask unanimous consent that we have not been told to what extent trial that fails to disclose all of the a copy of the March 4, 2019, editorial in or why these individuals were targeted facts—a trial that is rushed and secre- the Washington Post, entitled, ‘‘Saudi for sanctions and others were not. We tive—will be seen as simply further ob- Arabia is torturing a U.S. citizen. know that there was a local collabo- struction of justice. Real account- When will Trump Act?’’ which high- rator, but we have not been told his na- ability must occur in this case. lights Mr. Fitaihi’s case, be printed in tionality or identity, nor the where- We know all too well that Mr. the RECORD following my remarks. abouts of Mr. Khashoggi’s body, which Khashoggi’s murder is only one exam- These cases are only a fraction of the has not been returned to his family. ple of the brutal way in which the known examples of the Crown Prince’s What do we know? We know that the Saudi Government, led by the Crown repression. There are countless others Saudi Government—the royal family— Prince, treats anyone it perceives as a that don’t escape the royal family’s is sticking to the latest version of its threat, which means anyone who dares tight control of information in the story, absolving itself of any culpa- criticize the government or who advo- country. This is the so-called reformer bility. The Trump administration cates for human rights. we are told to put our trust in to help maintains, despite many mixed signals, Since May 2018, prominent women’s lead Saudi Arabia into the future. As that it is doing everything in its power rights advocates have been imprisoned others in this body have said, he is no to ensure Mr. Khashoggi’s murderers and tortured by the Saudi Government reformer; he is an impulsive, ruthless are held accountable for their actions. or banned from traveling, without any gangster. It would be naive not to If that is true, we would expect the criminal charges being brought— think that the Crown Prince’s actions administration to be transparent and women like 25-year-old Loujain al- will lead to greater public resentment to cooperate with the Congress. Hathloul, who had a driver’s license and instability in Saudi Arabia and But while I would like to be per- from the United Arab Emirates and ad- jeopardize our long-term interests in suaded of their commitment to pur- vocated for the right of Saudi women the region. Contrary to the thinking of suing justice in this case, their efforts to drive, but was arrested in a sweeping the White House, no amount of arms to date have been anything but con- crackdown on women’s activists just sales and no amount of oil can change vincing. On October 10, 2018, Senators before the Saudi Government lifted the that reality. Corker, MENENDEZ, GRAHAM, and I, ban on female drivers. Dr. Hatoon al- I urge all Senators to join me in urg- along with a majority of the members Fassi, another women’s rights advocate ing the White House and in supporting of the Foreign Relations Committee, and a history professor, was arrested in legislative action as appropriate to sent a letter to the President to trigger June 2018 and remains confined to this protect our national interests by en- a 120-day review and determination on day. While these women have not been suring that United States relations the imposition of sanctions pursuant to charged, their so-called crime is obvi- with Saudi Arabia are guided, first and the Global Magnitsky Human Rights ous: engaging in independent activism. foremost, by our principles and, most Accountability Act with respect to any The royal family will do whatever it importantly, by our commitment to foreign person involved in the murder takes to make clear that they alone the rule of law. of Mr. Khashoggi. The response of the can create change in Saudi Arabia. There being no objection, the mate- administration has been to ignore the That is why, like these women, any- rial was ordered to be printed in the legal requirement to make that deter- one of influence, including average RECORD, as follows: mination. This is only the latest at- citizens who advocate for reforms, is at [From the Washington Post, Mar. 4, 2019] tempt by the administration to ob- risk in Saudi Arabia. It is not only op- SAUDI ARABIA IS TORTURING A U.S. CITIZEN. struct the Congress’s access to infor- position that the Crown Prince fears, it WHEN WILL TRUMP ACT? mation about this crime. is the appearance of capitulation to or- (By Editorial Board) Rather than ignoring its legal obliga- dinary citizens that he seeks to avoid Before he was murdered inside a Saudi tions and keeping Congress in the dark, by cracking down on those who are Consulate in October, our colleague Jamal the administration should be working merely advocating for reforms he him- Khashoggi questioned why Saudi Arabia had with Congress and the international self claims to support. His repression detained a prominent doctor, Walid Fitaihi, community, to expose the truth about has touched every segment of society, a dual Saudi-U.S. citizen seized in a Novem- who gave the orders to kill Mr. from journalists to women’s rights ad- ber 2017 roundup of businessmen. The detain- Khashoggi. If the administration has vocates to economists like Dr. Essam ees, in what was described as an anti-corrup- tion drive, were held at the Ritz-Carlton nothing to hide, then they have noth- al-Zamil, who was detained in Sep- hotel in Riyadh. ‘‘What happened to us?’’ ing to lose and everything to gain by tember 2017, presumably due to his op- Khashoggi, himself a Saudi, asked on Twit- being part of the effort to see justice position to the Crown Prince’s econom- ter. ‘‘How can a person like @Walidfitaihi done. ics plan, and Mohammad Fahad al- get arrested, and for what reason?’’ He One way for the administration to Qahtani, an economics professor and added, ‘‘With no interceding channels to pur- prove it is serious about accountability human rights activist who was sen- sue & no Attorney General to answer ques- is to fully cooperate with the UN Spe- tenced in 2013 to 10 years in prison for tions & verify charges, of course everyone is cial Rapporteur on extrajudicial, sum- breaking allegiance with the royal struck with awe and helplessness.’’ Today, Khashoggi is no longer able to ask mary or arbitrary executions, who is family and defaming the judiciary. such impertinent questions. He was assas- reviewing the evidence in the Sometimes the motivation behind sinated in Istanbul by a hit squad that intel- Khashoggi case. The White House, the the Crown Prince’s actions is a com- ligence reports say was dispatched by the State Department, and our intelligence plete mystery. One egregious case is Saudi crown prince, Mohammed bin Salman. agencies should promptly provide her that of Dr. Walid Fitaihi, a U.S. citizen But Khashoggi’s question remains relevant. with any relevant information in their who earned his medical degree from Mr. Fitaihi, founder of a medical center in possession. George Washington University and a Jeddah, is still a captive. It is not known As I stated on February 3, 2019, if the master’s degree in public health from precisely why, and he has never been charged, although the New York Times President continues to take actions Harvard University. Dr. Fitaihi was quoted a friend saying he was being pres- such as ignoring the clear mandate of seized by Saudi authorities for un- sured to give evidence against a relative. the Magnitsky Act or otherwise refuses known reasons in November 2017. He He has been tortured during his captivity. to cooperate with the investigations of has reportedly been severely tortured, He was reportedly grabbed from his room at

VerDate Sep 11 2014 03:47 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.013 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1839 the Ritz, slapped, blindfolded, stripped to his requires that 50 percent of U.S. Agency was also arrested last summer for ad- underwear, bound to a chair, shocked with for International Development’s micro, vocating for the release of her husband, electricity and whipped so severely that he small, and medium-sized enterprise re- Fowzan al-Harbi, a human rights de- could not sleep on his back for days. The sources are targeted to activities that fender. These female human rights de- Times said his lawyer has written to the State Department that the doctor ‘‘is in fear reach the very poor, as well as enter- fenders remain detained to this day, for his life, that he cannot take his situation prises women own, manage, and con- and several of these activists are due to any longer, and that he desires all possible trol. The WEEE Act empowers women appear in Saudi court this week. With help.’’ The Associated Press quoted the law- to invest in themselves, their families, no access to legal representation, I and yer as saying Mr. Fitaihi is now in a prison and their communities. many of my colleagues fear that these hospital after suffering ‘‘an emotional break- A McKinsey Global Institute report activists will be charged and tried for down.’’ Mr. Fitaihi earned his medical degree estimates that achieving global gender crimes they did not commit, as a result from George Washington University and parity in economic activity could add of engaging in peaceful activities to ad- holds a master’s degree in public health from as much as $28 trillion to annual global vance human rights in Saudi Arabia, Harvard University. On another front in Mohammed bin gross domestic product by 2025. The which are protected under inter- Salman’s drive to crush critical voices, WEEE Act will help women overcome national law. Saudi Arabia’s public prosecutor announced the critical barriers they face when The reduction in funding for women’s charges Friday against a group of female ac- seeking economic opportunity and the rights in recent years is also an im- tivists who campaigned to give women the legislation will open doors for children, mense challenge to future progress, a right to drive—a right that Mohammed bin families, and communities to benefit, challenge exasperated by the Trump Salman conferred after they sought it. The too. administration’s actions, particularly activists have been jailed for nearly a year, This year’s theme of ‘‘Think equal, in the realm of women’s health. The during which Amnesty International says Trump administration’s reinstatement they have been tortured and sexually abused. build smart, innovate for change’’ also They did nothing wrong and should be re- provides the opportunity to celebrate and expansion of the Mexico City pol- leased unconditionally and immediately. some of the incredible and life-chang- icy, often referred to as the Global Gag In the New York Times Magazine on Sun- ing innovations being launched around Rule, for example, has closed the door day, Secretary of State Mike Pompeo, asked the world. In Cambodia, for example, on some of the most effective, life- about the crown prince’s role in the CARE has developed a gamified mobile saving family planning programs by Khashoggi murder, declared that the United app called ‘‘Chat!’’ to provide cost-ef- disqualifying international organiza- States would ‘‘hold everyone that we deter- fective and high-impact reproductive tions from receiving U.S. family plan- mine is responsible for this accountable in ning assistance if any non-U.S. funds an appropriate way, a way that reflects the health education to its young, female best of the United States of America.’’ population working in the garment in- are used to provide abortion services or A doctor with U.S. citizenship was tortured dustry. Cambodia has the largest youth counseling. The implementation of this and held without charge. Women who stood and adolescent population in Southeast expanded policy, as the aforementioned for human dignity and equality were jailed Asia; two-thirds of the population are UN report notes, has ‘‘threatened the and tortured. A journalist was killed. Yet under the age of 29. Increasing numbers integration of health services and cre- President Trump and his administration—in- of Cambodians, especially young ated division in civil society around cluding his son-in-law, Jared Kushner, who women, are migrating to urban areas the world.’’ As underscored by the ex- last week met with the crown prince—are ample of Chat!, we know that family loath to act. That does not reflect the best of to support its garment industry. the United States of America. According to CARE, 85 percent of planning tools are critical to providing Cambodia’s garment factory workers the education, information, and serv- f are women, who are vulnerable to ices that help prevent unplanned preg- AMENDMENT NO. 193 TO S.J. RES. 7 abuse and exploitation. According to nancies and abortions. the United Nations’ research on As I have stated in the past, Amer- Mr. SCOTT of Florida. Mr. President, women, one in three women are likely ica’s global leadership begins with our I oppose amendment No. 193 to S.J. to face violence in her lifetime. There- progress here in the United States. Res. 7, as I believe it is an unnecessary fore, applications like Chat! are crit- This also extends into the realm of measure that too broadly narrows the ical to reach this population and pro- gender equality. A critical challenge to President’s role in international af- vide reproductive health information progress here at home is the fact that fairs. I would have voted no if the and services, helping these women our own Constitution does not already amendment had been called for a roll- make informed and healthy choices guarantee women the same rights and call vote. and prevent unplanned pregnancies. protections as men. The Fourteenth f While International Women’s Day Amendment of the Constitution guar- provides the opportunity to celebrate antees ‘‘equal protection of the laws,’’ INTERNATIONAL WOMEN’S DAY such successes, it is also critically im- and the Supreme Court, so far, has held Mr. CARDIN. Mr. President, today I portant to recognize the work that lies that most sex or gender classifications wish to commemorate International ahead in the fight for gender equality, are subject to only ‘‘intermediate scru- Women’s Day, which occurred this past and especially the challenges that fe- tiny’’ when analyzing laws that may Friday, March 8, 2019. On this day each male human rights defenders face in have a discriminatory impact. Ratifi- year, we recognize and celebrate wom- this fight. A recent United Nations re- cation of the Equal Rights Amend- en’s incredible achievements and dou- port on human rights defenders de- ment, ERA, by State legislatures ble down on our commitment to ad- scribes increased resistance to the would provide the courts with clearer vance gender equality and women’s em- work of female human rights defenders guidance in holding gender or sex clas- powerment, both at home and abroad. at multiple levels, linked to the rise of sifications to the ‘‘strict scrutiny’’ The theme of International Women’s populism, fundamentalism, and violent standard. That is why on January 25, Day this year is ‘‘Think equal, build extremism around the world. 2019, Senator MURKOWSKI and I intro- smart, innovate for change,’’ which The report highlights the increasing duced a resolution to immediately re- highlights the importance of finding number of countries that are actively move the ratification deadline and re- new ways to advance gender equality, restricting fundamental human rights, open consideration of the ERA for rati- especially by utilizing technology. In including the freedoms of expression, fication by the States and finally guar- January of this year, President Trump association, and assembly, and specifi- antee full and equal protections to signed a bill Senator BOOZMAN and I cally notes the enforced disappearances women in the Constitution. sponsored, the Women’s Entrepreneur- of female defenders in Saudi Arabia. While we have much to celebrate on ship and Economic Empowerment Act, Samar Badawi and Nassima al-Sadah, this day, I want to take this oppor- WEEE Act, into law. This important, for example, were arrested last summer tunity to remind my colleagues in the bipartisan legislation allows women for advocating to lift the ban on female U.S. Senate that we must continue to around the world, including those liv- drivers and end the guardianship sys- use our leadership positions to shine a ing in poverty, to access critical tools tem that prevents women from legal spotlight on human rights violations, to start and grow their businesses. It and social independence. Amal al-Harbi wherever they occur, and push for the

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.014 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1840 CONGRESSIONAL RECORD — SENATE March 13, 2019 immediate release of human rights de- lington Railroad reached Thermopolis was preparing for retirement, he knew fenders around the world, imprisoned from the north. In 1911, the Burlington he would have more time on his hands for exercising fundamental human completed its line through Wind River and wanted to find a way to give back rights. We must also end the Global Canyon to the south. This gave the en- to his community. Inspired by his own Gag Rule once and for all, and we must tire Bighorn Basin much better connec- life experiences, Gerald chose to serve finally grant women equality under the tions with the rest of Wyoming. On as a volunteer driver to help people un- law. By doing so, we will truly recom- February 9, 1911, the legislature ap- dergoing cancer treatment, as well as mit ourselves to breaking down the proved establishment of Hot Springs those who experience visual impair- barriers that remain for women’s em- County with Thermopolis as county ments. Since he started working with powerment, so that we can pave the seat. County government was orga- both Future in Sight and the American path towards prosperity for genera- nized in January 1913. The Thermopolis Cancer Society, Gerald has provided tions to come. Chamber of Commerce was organized more than 400 rides to his fellow Gran- f just a few years later in an office on ite Staters in need. For his incredible South 5th Street. volunteerism, I am proud to recognize CENTENNIAL OF THE For 100 years, the hard-working peo- him as March 2019’s Granite Stater of THERMOPOLIS CHAMBER OF ple at the chamber welcomed visitors the Month. COMMERCE to the area. One of today’s main at- Gerald began driving people under- Mr. BARRASSO. Mr. President, tractions is the rich prehistoric areas going cancer treatment after he heard today I wish to celebrate the centen- of Hot Springs County. The Wyoming about the program from a coworker. nial of the Thermopolis, WY, Chamber Dinosaur Center offers a professional The cause, he said, touched him be- of Commerce. paleontological experience for the cause of his own experiences; he and On March 23, the Thermopolis Cham- whole family. The center is an impres- his wife both have had cancer scares, ber of Commerce celebrates their 100th sive 16,000-square-foot complex. It in- and their daughter was diagnosed with anniversary at an annual banquet. cludes a world-class museum, working leukemia as a child. While his daughter What was once called the old dig sites, and a modern preparation has thankfully been cancer-free for Thermopolis Commercial Club incor- laboratory. Interpretive dig site tours over two decades, he still remembers porated in Hot Springs County as the allow visitors to walk the same ground the impact that the diagnosis had on Thermopolis Chamber of Commerce on as ancient dinosaurs and watch as sci- his family. Gerald also provides rides February 4, 1919. entists recover fossils from burial sites. to Granite Staters who experience vis- The future of the chamber was en- Hot Springs County as we know it ual impairments through Future in trusted to elected directors: President today is vastly different from 100 years Sight, inspired by a friend with low vi- Guy J. Gay, Vice President C.C. Bea- ago. It is this shared history between sion. Many of the people Gerald drives today’s residents and those of the past ver, and Directors Peter Sill, I.W. are from rural parts of our State or that creates a special bond. Under di- Wright, Harris Woods, A.W. Harrigan, don’t have the support networks they rection and guidance from the chamber and C.E. Stewart. Their guidance laid need while undergoing treatment and board of directors, executive director the foundation for a chamber that con- are profoundly grateful for the simple Meri Ann Rush and two office assist- tinues to foster the growth of business act. and sense of community in ants, Kailey Dvorak and Kymberlee In addition to providing rides, Gerald Oliver, continue the traditions of pro- Thermopolis. is also active in supporting adult Gran- moting Wyoming’s people, businesses, In an article dated February 7, 1919, ite Staters who experience disabilities. and communities, started by the cham- the Thermopolis Independent Record Inspired in part by raising his own ber 100 years ago. chamber board mem- wrote of the intended mission of the daughter who experiences Down syn- bers are president Deb Tudor, vice new chamber of commerce. ‘‘We wish drome, every Monday, Gerald plays president Pastor Sam Needham, treas- to create better business, better homes, basketball with adults who experience urer Vivian Butchart, secretary Susan better government, a better commu- disabilities through Friends in Action Linko, past president Greg Willson, nity and, in general, create a better NH, an organization dedicated to pro- Phillip Scheel, Barb Heinze, Robin brotherhood of man. We ask only what viding social and recreational activi- Griffin, Kerri Manig, Amanda is fair. All who live here are the owners ties to those who experience disabil- of our community and our community Kraushaar, Lana Nicodemus, Shelly Burrows, and middle school representa- ities. Gerald also serves on the board of is our biggest asset.’’ the organization. This spirit has driven Wyoming’s tive Jackson Reed. In honor of the centennial of the For his selfless work to support those people, businesses, and communities Thermopolis Hot Springs County who need care in his community and to since its inception and will continue Chamber of Commerce, I invite my col- ensure that those who experience dis- for generations to come. To further ex- leagues to see this wonderful place in abilities are fully included, I am proud pand the chamber’s embrace of commu- person. Thermopolis is the hometown to recognize Gerald as the March 2019 nity, on November 13, 1987, the ∑ of my wife Bobbi and her brother Mike. Granite Stater of the Month. Thermopolis Chamber of Commerce Her parents, Bob and Jerry Brown, con- f passed a resolution to change its name tinue to live there today. Bob served to the Thermopolis Hot Springs Cham- TRIBUTE TO FRANK MORONEY Thermopolis as the longtime post- ber of Commerce. This combined all of ∑ Mr. MARKEY. Mr. President, today I master, as well as in World War 2 and Hot Spring County’s corner of the Big recognize Frank Moroney, executive the Korean war. Jerry owned a store Horn Basin into the chamber’s mission. director of AFSCME Council 93 and the The citizens of Thermopolis and Hot downtown. AFSCME International vice president It is a great privilege to recognize Springs County are blessed to live in a for the northern New England region. this remarkable organization advanc- beautiful environment. Located in For his entire life, Frank has been a ing Wyoming business and tourism. northern Wyoming and nestled on the committed and fearless advocate for Bobbi joins me in extending our con- world’s largest mineral hot spring, working people. Now, after four dec- gratulations and gratitude to the Thermopolis is bordered by the Hot ades of service, he is entering a well- Thermopolis Hot Springs Chamber of Springs State Park and the Wind River deserved retirement. Commerce on their centennial celebra- Canyon. The Owl Creek Mountains lie Frank began his career with tion. to the South while the Absaroka Range AFSCME in 1967, when he joined Local is to the West. The hot springs have f 1358 as a worker in the Brookline been free to the public since purchase ADDITIONAL STATEMENTS Water Department. He quickly rose of the land from Native Americans in through the union ranks, and in 1971, 1896. he was elected president of the local. The construction of the railroad had TRIBUTE TO GERALD KOTKOWSKI Frank scored two huge victories for his a major impact on the development of ∑ Ms. HASSAN. Mr. President, when members early in his career. In 1973, he Hot Springs County. In 1910, the Bur- Gerald Kotkowski of Hampton, NH, successfully took his local on strike

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.016 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1841 and received important longevity bene- byproduct. When some students have TRIBUTE TO DONELLE EVENSEN fits for its members. He then fought for behavioral issues, she invites them to ∑ Mr. RUBIO. Mr. President, today I survivor health insurance benefits for have lunch with her instead of writing recognize Donelle Evensen, the Flagler all Brookline’s municipal employees, a referral, believing this to be an in- County Teacher of the Year from taking the fight to the voters and win- vestment in their well-being. Rymfire Elementary School in Palm ning on a ballot initiative. Kamille’s eighth grade geometry stu- Coast, Fl. Frank would build on these achieve- dents score 21 percent higher than any After receiving this award, Donelle ments as his career progressed, improv- other school in her district and they said, ‘‘It makes me feel like I may have ing the lives of thousands of public em- outperform their ninth and 10th grade accomplished what I’ve set out to do ployees throughout New England. He peers. Ninety-three percent of her alge- and that’s increase student achieve- secured numerous wage increases, ob- bra students pass their end of course ment and increase support for our tained more paid sick leave time, and exam, an increase from the previous 50 teachers and make them feel like they’ successfully negotiated the Agency Fee percent passage rate 2 years ago. She re valued and are appreciated for what in Maine. In 2012, Frank was appointed originally returned to Mount Dora they do every day.’’ She tries each day as the executive director of Council 93 Middle School with the intention to re- to plan different ways to inspire and and as vice president to the AFSCME tire in 2016 after first leaving in 1996. excite students and teachers at her International Executive Board, where Instead, her students inspired her to school. he has served since. It is a leadership continue teaching after being sur- Donelle previously spent 10 weeks position befiting his service and dedi- rounded by positive influences that re- backpacking through nine European cation. minded her why she became a teacher. countries with her husband. This expe- On April 1, 2019, Frank will retire as Kamille earned her bachelor’s degree rience served as a reminder of life back AFSCME Council 93 executive director. in health education from the State home and how we treat those around us Throughout my and Frank’s years of University of New York Cortland and and the true value of all lives. She has service, I have had the privilege of her master’s degree in education from brought this reflection to her class- working closely with him and am Florida State University. She has room to share with her students. lucky enough to call him my friend. taught over a 32-year span in Houston, Donelle has been an educator for 13 Frank is irreplaceable, but his suc- TX, and several schools throughout years and currently is the literacy cesses have left the council strong and Lake County. She also worked as a cur- coach for kindergarten through sixth one of the most effective AFSCME af- riculum specialist for math and science grade at her school. She earned her ∑ filiates in the Nation. for middle and high schools in the master’s degree in elementary reading f county. and literacy from Walden University in I express my sincere thanks and ap- TRIBUTE TO BRANDY BUNKLEY 2008 and her master’s certification in preciation to Kamille for all the fine educational leadership from Stetson ∑ Mr. RUBIO. Mr. President, today I work she has done throughout her ca- University in 2017. recognize Brandy Bunkley, the Union reer for her students and offer my best I express my sincere thanks and ap- County Teacher of the Year from ∑ wishes on her future endeavors. preciation to Donelle for her devotion Union County High School in Lake to her students and look forward to Butler, FL. f hearing of her continued success in her Brandy has taught for 21 years and is ∑ the career specialist at Union County future endeavors. TRIBUTE TO JUSTEN EARLY High School. Her dedication and sup- f port for students has been credited for ∑ Mr. RUBIO. Mr. President, today I TRIBUTE TO ELISA HALL the increasing graduation rate at the honor Justen Early, the Hernando school. County Teacher of the Year from Na- ∑ Mr. RUBIO. Mr. President, today I Brandy believes that every voice has ture Coast Technical High School in am pleased to recognize Elisa Hall, the value and that every student matters. Brooksville, FL. Suwannee County Teacher of the Year As a teacher, she works to ensure her Justen’s desire to become a teacher from Suwannee County High School in students are developing clear and posi- began when he first volunteered as a Live Oak, FL. tive career paths for themselves and football coach at Central High School. Elisa is a Florida High Impact Teach- provides a caring and enthusiastic sup- He became invested in the success of er and was honored to receive this im- port system. his players, both on the football field portant recognition. In her classroom, Throughout her time at Union Coun- and in the classroom. From this experi- she implemented the House System, ty High School, she has put a high im- ence, he decided his next step would be which encourages friendly competi- portance on the value of students’ to enter the classroom. tions, school spirit, and a comradery voices and as individuals by forming As a teacher, Justen seeks to build a built by students who strive to help strong teaching relationships with her camaraderie to make students feel each other succeed. She collaborated students. She has continuously proven they are a part of a community. He fo- with her fellow teachers, Emily that being an educator is deeply rooted cuses on his students learning dif- Blackmon and Vanessa Menhennett, to in her core. ferences and encourages them to make create this system. I extend my sincere thanks and grati- teaching suggestions. The House System consists of four tude to Brandy for her dedication to Justen attended Florida A&M Uni- houses named Diligence, Optimism, her students and look forward to hear- versity and currently teaches tech- Generosity, and Sincerity, to spell out ing of her continued success in the nology support classes. He serves as DOGS, in honor of the school’s mascot, years to come.∑ the co-offensive coordinator of the high the Suwannee Bulldogs. The houses are f school’s football team. He has been mixed with students from ninth with the school since 2014 and is grate- through twelfth grade and compete TRIBUTE TO KAMILLE CHAPMAN ful for his school’s administration for with one another to win the House ∑ Mr. RUBIO. Mr. President, today I providing him the opportunity to Championship. Elisa’s work with the am pleased to honor Kamille Chapman, teach. Justen credits his success to his House System is credited with increas- the Lake County Teacher of the Year mother, grandmother, aunt, Mrs. Rose- ing students’ motivation to earn prizes from Mount Dora Middle School in marie Poluchowicz of the language arts through improved attendance, comple- Mount Dora, FL. department, and Coach Rudolph Story tion of assignments, positive behaviors, After receiving this award, Kamille for their mentorship. and teamwork. credited the relationships she builds I extend my sincere thanks and grati- A ninth grade English teacher at Su- with her students as one of the reasons tude to Justen for his dedication in wannee County High School, Elisa has for her success. She works with her helping his students succeed in life and taught at the school since 2015. students to improve their lives and offer my best wishes for his continued Through her positive experiences with- considers improved academic results a success in the coming years.∑ in the school district, she is dedicated

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.018 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1842 CONGRESSIONAL RECORD — SENATE March 13, 2019 to giving back to others and working I extend my sincere thanks and grati- H.R. 596. An act to prohibit United States hard for her students. tude to Julie for her dedication to her Government recognition of the Russian Fed- I extend my best wishes to Elisa on students and look forward to hearing of eration’s claim of sovereignty over Crimea, receiving this award and look forward her continued success in the years to and for other purposes; to the Committee on Foreign Relations. to hearing of her continued success in come.∑ H.R. 1404. An act to strengthen the United her future endeavors.∑ f States response to Russian interference by f providing transparency on the corruption of TRIBUTE TO JESSICA WATKINS Russian President Vladimir Putin; to the Se- TRIBUTE TO HEATHER RAWLINS ∑ Mr. RUBIO. Mr. President, today I lect Committee on Intelligence. ∑ Mr. RUBIO. Mr. President, today I recognize Jessica Watkins, the Nassau H.R. 1582. An act to amend title 44, United am honored to recognize Heather County Teacher of the Year from Yulee States Code, to require preservation of cer- tain electronic records by Federal agencies, Rawlins, the Levy County Teacher of Elementary School in Yulee, FL. Jessica builds relationships with her to require a certification and reports relat- the Year from Chiefland Elementary ing to Presidential records, and for other School in Chiefland, FL. students and enjoys seeing them thrive purposes; to the Committee on Homeland Se- Heather works closely with her col- in the classroom and after graduation. curity and Governmental Affairs. leagues in order to solve problems and She cares for her students and believes H.R. 1608. An act to amend the Federal Ad- coach them in the best teaching prac- they can rise to any challenge set be- visory Committee Act to increase the trans- tices for students. She strives to con- fore them. parency of Federal advisory committees, and for other purposes; to the Committee on tinue her professional growth through Outside of her classroom, Jessica has dedicated her time to mentoring new Homeland Security and Governmental Af- instructional and educational leader- fairs. ship and earned several recognitions teachers and interns. She also has H.R. 1654. An act to amend title 44, United for her teaching abilities throughout served on her school district’s reading States Code, to modernize the Federal Reg- her career. curriculum building team, the writing ister, and for other purposes; to the Com- Heather has taught for 10 years at professional development team, and mittee on Homeland Security and Govern- mental Affairs. various elementary schools throughout the language arts/grammar building Florida and currently is a reading team, all in efforts to improve student f coach at Chiefland Elementary School, outcomes in classrooms beyond her EXECUTIVE AND OTHER focusing on the iReady curriculum for own. COMMUNICATIONS Jessica is a fourth grade teacher at her students. She also coaches teachers Yulee Elementary School, where she The following communications were on the best practices for professional serves as the fourth grade chairperson, laid before the Senate, together with development in English Language Arts is on the school leadership team, and accompanying papers, reports, and doc- blocks. on the positive behavioral interven- uments, and were referred as indicated: Heather graduated summa-cum laude tions and support team. She has spent EC–552. A communication from the Board from Flagler College with two bachelor 4 years teaching in Nassau County and Chairman and Chief Executive Officer, Farm of arts degrees, elementary education— Credit Administration, transmitting the Ad- 8 years overall in education. ministration’s proposed fiscal year 2020 K–6—with ESOL endorsement and deaf I extend my best wishes and grati- education—K–12—in 2009. She also Budget and Performance Plan; to the Com- tude to Jessica for her dedication to mittee on Agriculture, Nutrition, and For- graduated summa-cum laude from her students and colleagues. I look for- Saint Leo University with her master estry. ward to hearing of her continued suc- EC–553. A communication from the Chief of of education degree, educational lead- cess in the years to come.∑ the Planning and Regulatory Affairs Branch, ership in 2015. Food and Nutrition Service, Department of I am thankful for the commitment f Agriculture, transmitting, pursuant to law, Heather has given to her students and MESSAGE FROM THE HOUSE the report of a rule entitled ‘‘Hiring Flexi- teachers throughout her career. I con- At 10:02 a.m., a message from the bility Under Professional Standards’’ vey my best wishes to her on receiving (RIN0584–AE60) received during adjournment House of Representatives, delivered by of the Senate in the Office of the President this award and wish her continued suc- Mr. Novotny, one of its reading clerks, ∑ of the Senate on March 8, 2019; to the Com- cess in the coming years. announced that the House has passed mittee on Agriculture, Nutrition, and For- f the following bills, in which it requests estry. the concurrence of the Senate: EC–554. A communication from the Acting TRIBUTE TO JULIE WADE Secretary of Defense, transmitting a report H.R. 596. An act to prohibit United States ∑ on the approved retirement of Vice Admiral Mr. RUBIO. Mr. President, today I Government recognition of the Russian Fed- Dixon R. Smith, United States Navy, and his recognize Julie Wade, the Columbia eration’s claim of sovereignty over Crimea, advancement to the grade of vice admiral on County Teacher of the Year from and for other purposes. H.R. 1404. An act to strengthen the United the retired list; to the Committee on Armed Eastside Elementary School in Lake Services. States response to Russian interference by City, FL. EC–555. A communication from the Under providing transparency on the corruption of Julie dedicates her time as a teacher Secretary of Defense (Acquisition and Russian President Vladimir Putin. Sustainment), transmitting, pursuant to to building relationships and trust H.R. 1582. An act to amend title 44, United law, a report entitled ‘‘Annual National De- with all of her students, even those States Code, to require preservation of cer- fense Stockpile Operations and Planning Re- considered the most difficult. She uses tain electronic records by Federal agencies, port’’; to the Committee on Armed Services. chess as an opportunity to reward and to require a certification and reports relat- EC–556. A communication from the Sec- motivate her students and involves ing to Presidential records, and for other retary of the Treasury, transmitting, pursu- herself in various events throughout purposes. ant to law, a six-month periodic report on H.R. 1608. An act to amend the Federal Ad- her school. the national emergency with respect to So- visory Committee Act to increase the trans- malia that was declared in Executive Order Julie’s work with her students is parency of Federal advisory committees, and 13536 on April 12, 2010; to the Committee on credited to their scoring the second for other purposes. highest Florida Standards Assessments H.R. 1617. An act to direct the Director of Banking, Housing, and Urban Affairs. EC–557. A communication from the Direc- English Language Arts scores in the National Intelligence to submit intelligence tor of Legislative Affairs, Federal Deposit assessments of the intentions of the political school district and the highest Florida Insurance Corporation, transmitting, pursu- leadership of the Russian Federation, and for Standards Assessments for fourth ant to law, the report of a rule entitled grade math scores in the county last other purposes. H.R. 1654. An act to amend title 44, United ‘‘Community Reinvestment Act Regula- school year. States Code, to modernize the Federal Reg- tions’’ (RIN3064–AE97) received in the Office Julie has been a teacher for 8 years ister, and for other purposes. of the President of the Senate on March 11, 2019; to the Committee on Banking, Housing, and currently teaches fourth grade at f Eastside Elementary School. She has and Urban Affairs. MEASURES REFERRED EC–558. A communication from the Direc- taught at the school for 3 years and tor of Legislative Affairs, Federal Deposit sponsors the math bee. She is currently The following bills were read the first Insurance Corporation, transmitting, pursu- enrolled in a masters of education pro- and the second times by unanimous ant to law, the report of a rule entitled ‘‘De- gram. consent, and referred as indicated: pository Institution Management Interlocks

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.021 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1843 Act’’ (RIN3064–AE92) received in the Office of EC–569. A communication from the Deputy XG402) received during adjournment of the the President of the Senate on March 11, Chief, Consumer and Governmental Affairs Senate in the Office of the President of the 2019; to the Committee on Banking, Housing, Bureau, Federal Communications Commis- Senate on March 8, 2019; to the Committee and Urban Affairs. sion, transmitting, pursuant to law, the re- on Commerce, Science, and Transportation. EC–559. A communication from the Direc- port of a rule entitled ‘‘Advanced Methods to EC–577. A communication from the Acting tor of Legislative Affairs, Federal Deposit Target and Eliminate Unlawful Robocalls’’ Director, Office of Sustainable Fisheries, De- Insurance Corporation, transmitting, pursu- ((CG Docket No. 17–59) (FCC 18–177)) received partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled in the Office of the President of the Senate ant to law, the report of a rule entitled ‘‘Limited Exception for a Capped Amount of on March 11, 2019; to the Committee on Com- ‘‘Fisheries of the Exclusive Economic Zone Reciprocal Deposits From Treatment as Bro- merce, Science, and Transportation. Off Alaska; Pacific Ocean Perch in the Ber- kered Deposits’’ (RIN3064–AE89) received in EC–570. A communication from the Deputy ing Sea and Aleutian Islands Management the Office of the President of the Senate on Chief, Consumer and Governmental Affairs Area’’ (RIN0648–XG115) received during ad- March 11, 2019; to the Committee on Bank- Bureau, Federal Communications Commis- journment of the Senate in the Office of the ing, Housing, and Urban Affairs. sion, transmitting, pursuant to law, the re- President of the Senate on March 8, 2019; to EC–560. A communication from the Direc- port of a rule entitled ‘‘Misuse of Internet the Committee on Commerce, Science, and tor of Regulations and Policy Management Protocol (IP) Captioned Telephone Service; Transportation. Staff, Food and Drug Administration, De- Telecommunications Relay Services and EC–578. A communication from the Acting partment of Health and Human Services, Speech-to-Speech Services for Individuals Director, Office of Sustainable Fisheries, De- transmitting, pursuant to law, the report of with Hearing and Speech Disabilities’’ ((CG partment of Commerce, transmitting, pursu- a rule entitled ‘‘Food Additives Permitted in Docket Nos. 13–24 and 3–123) (FCC 19–11)) re- ant to law, the report of a rule entitled Feed and Drinking Water of Animals; ceived in the Office of the President of the ‘‘Fisheries of the Exclusive Economic Zone Selenomethionine Hydroxy Analogue’’ ((21 Senate on March 11, 2019; to the Committee Off Alaska; Pacific Ocean Perch in the West CFR Part 573) (Docket No. FDA–2015–F–2712)) on Commerce, Science, and Transportation. Yakutat District of the Gulf of Alaska’’ received during adjournment of the Senate EC–571. A communication from the Deputy (RIN0648–XG400) received during adjourn- in the Office of the President of the Senate Chief, Office of Economics and Analytics, ment of the Senate in the Office of the Presi- on March 8, 2019; to the Committee on Federal Communications Commission, trans- dent of the Senate on March 8, 2019; to the Health, Education, Labor, and Pensions. mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and EC–561. A communication from the Acting entitled ‘‘Connect America Fund; Universal Transportation. Director, Office of Communications and Leg- Service Reform - Mobility Fund’’ ((WT Dock- EC–579. A communication from the Acting islative Affairs, Equal Employment Oppor- et Nos. 10–90 and 10–208) (FCC 18–183)) re- Director, Office of Sustainable Fisheries, De- tunity Commission, transmitting, pursuant ceived in the Office of the President of the partment of Commerce, transmitting, pursu- to law, the Commission’s Annual Sunshine Senate on March 11, 2019; to the Committee ant to law, the report of a rule entitled Act Report for 2018; to the Committee on on Commerce, Science, and Transportation. ‘‘Fisheries of the Northeastern United Homeland Security and Governmental Af- EC–572. A communication from the Assist- States; Summer Flounder Fishery; 2018 Com- fairs. ant Chief Counsel for Regulatory Affairs, mercial Quota Harvested for the State of EC–562. A communication from the Direc- Pipeline and Hazardous Materials Safety Ad- Rhode Island’’ (RIN0648–XG692) received dur- tor of the Office of Business Transformation, ministration, Department of Transportation, ing adjournment of the Senate in the Office Department of Housing and Urban Develop- transmitting, pursuant to law, the report of of the President of the Senate on March 8, ment, transmitting, pursuant to law, the De- a rule entitled ‘‘Hazardous Materials: En- 2019; to the Committee on Commerce, partment’s fiscal year 2017 inventory of com- hanced Safety Provisions for Lithium Bat- Science, and Transportation. mercial and inherently governmental activi- EC–580. A communication from the Acting teries Transported by Aircraft (FAA Reau- ties; to the Committee on Homeland Secu- Director, Office of Sustainable Fisheries, De- thorization Act of 2018)’’ (RIN2137–AF20) re- rity and Governmental Affairs. partment of Commerce, transmitting, pursu- ceived in the Office of the President of the EC–563. A communication from the Chair- ant to law, the report of a rule entitled ‘‘At- Senate on March 11, 2019; to the Committee man of the Council of the District of Colum- lantic Highly Migratory Species; Atlantic on Commerce, Science, and Transportation. bia, transmitting, pursuant to law, a report Bluefin Tuna Fisheries’’ (RIN0648–XG695) re- EC–573. A communication from the Acting on D.C. Act 23–7, ‘‘Sports Wagering Procure- ceived during adjournment of the Senate in Director, Office of Sustainable Fisheries, De- ment Practices Reform Exemption Act of the Office of the President of the Senate on partment of Commerce, transmitting, pursu- 2019’’; to the Committee on Homeland Secu- March 8, 2019; to the Committee on Com- ant to law, the report of a rule entitled rity and Governmental Affairs. merce, Science, and Transportation. EC–564. A communication from the Chair- ‘‘Fisheries of the Northeastern United EC–581. A communication from the Acting man of the Council of the District of Colum- States; Summer Flounder Fishery; 2018 Com- Director, Office of Sustainable Fisheries, De- bia, transmitting, pursuant to law, a report mercial Quota Harvested for the Common- partment of Commerce, transmitting, pursu- on D.C. Act 23–8, ‘‘Rental Housing Registra- wealth of Massachusetts’’ (RIN0648–XG392) ant to law, the report of a rule entitled tion Extension Temporary Amendment Act received during adjournment of the Senate ‘‘Fisheries of the Northeastern United of 2019’’; to the Committee on Homeland Se- in the Office of the President of the Senate States; Atlantic Herring Fishery; 2018 Man- curity and Governmental Affairs. on March 8, 2019; to the Committee on Com- agement Area 1B Directed Fishery Closure’’ EC–565. A communication from the Chair- merce, Science, and Transportation. (RIN0648–XG512) received during adjourn- man of the Council of the District of Colum- EC–574. A communication from the Acting ment of the Senate in the Office of the Presi- bia, transmitting, pursuant to law, a report Director, Office of Sustainable Fisheries, De- dent of the Senate on March 8, 2019; to the on D.C. Act 23–9, ‘‘Federal Worker Housing partment of Commerce, transmitting, pursu- Committee on Commerce, Science, and Relief Temporary Act of 2019’’; to the Com- ant to law, the report of a rule entitled Transportation. mittee on Homeland Security and Govern- ‘‘Fisheries of the Northeastern United EC–582. A communication from the Acting mental Affairs. States; Atlantic Mackerel, Squid, and Director, Office of Sustainable Fisheries, De- EC–566. A communication from the Chair- Butterfish Fishery; 2018 Illex Squid Quota partment of Commerce, transmitting, pursu- man of the Council of the District of Colum- Harvested’’ (RIN0648–XG349) received during ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report adjournment of the Senate in the Office of ‘‘Fisheries of the Exclusive Economic Zone on D.C. Act 23–19, ‘‘Sports Wagering Lottery the President of the Senate on March 8, 2019; Off Alaska; Reallocation of Pacific Cod in Clarification Temporary Amendment Act of to the Committee on Commerce, Science, the Central Regulatory Area of the Gulf of 2019’’; to the Committee on Homeland Secu- and Transportation. Alaska’’ (RIN0648–XG675) received during ad- rity and Governmental Affairs. EC–575. A communication from the Acting journment of the Senate in the Office of the EC–567. A communication from the Chair- Director, Office of Sustainable Fisheries, De- President of the Senate on March 8, 2019; to man of the Council of the District of Colum- partment of Commerce, transmitting, pursu- the Committee on Commerce, Science, and bia, transmitting, pursuant to law, a report ant to law, the report of a rule entitled Transportation. on D.C. Act 23–20, ‘‘Bryant Street Tax Incre- ‘‘International Fisheries: Western and Cen- EC–583. A communication from the Direc- ment Financing Temporary Amendment Act tral Pacific Fisheries for Highly Migratory tor, Office of Sustainable Fisheries, Depart- of 2019’’; to the Committee on Homeland Se- Species; Closure of Purse Seine Fishery on ment of Commerce, transmitting, pursuant curity and Governmental Affairs. the High Seas in 2018’’ (RIN0648–XG458) re- to law, the report of a rule entitled ‘‘Fish- EC–568. A communication from the Regula- ceived during adjournment of the Senate in eries of the Exclusive Economic Zone Off tion Policy Development Coordinator, Office the Office of the President of the Senate on Alaska; Reallocation of Pacific Cod in the of Regulation Policy and Management, De- March 8, 2019; to the Committee on Com- Bering Sea and Aleutian Islands Manage- partment of Veterans Affairs, transmitting, merce, Science, and Transportation. ment Area’’ (RIN0648–XF948) received during pursuant to law, the report of a rule entitled EC–576. A communication from the Acting adjournment of the Senate in the Office of ‘‘Update: Enrollment - Provision of Hospital Director, Office of Sustainable Fisheries, De- the President of the Senate on March 8, 2019; and Outpatient Care to Medal of Honor Vet- partment of Commerce, transmitting, pursu- to the Committee on Commerce, Science, erans’’ (RIN2900–AQ34) received during ad- ant to law, the report of a rule entitled and Transportation. journment of the Senate in the Office of the ‘‘Fisheries in the Exclusive Economic Zone EC–584. A communication from the Direc- President of the Senate on March 8, 2019; to Off Alaska; Sablefish in the West Yakutat tor, Office of Sustainable Fisheries, Depart- the Committee on Veterans’ Affairs. District of the Gulf of Alaska’’ (RIN0648– ment of Commerce, transmitting, pursuant

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to law, the report of a rule entitled ‘‘Fish- Miami Beach, Florida, urging the United UDALL, Mr. VAN HOLLEN, Mr. WHITE- eries of the Exclusive Economic Zone Off States Congress to recognize and support HOUSE, Mr. WYDEN, and Mr. HEIN- Alaska; Reallocation of Pacific Cod in the states’ rights relative to the legalization of RICH): Western Regulatory Area of the Gulf of Alas- medical marijuana; to the Committee on the S. 768. A bill to amend the Higher Edu- ka’’ (RIN0648–XG502) received during ad- Judiciary. cation Act of 1965 to provide for the refi- nancing of certain Federal student loans, journment of the Senate in the Office of the f President of the Senate on March 8, 2019; to and for other purposes; to the Committee on the Committee on Commerce, Science, and REPORTS OF COMMITTEES Finance. By Mr. UDALL (for himself, Mr. Transportation. The following reports of committees EC–585. A communication from the Direc- WHITEHOUSE, Mr. CARPER, Mr. HEIN- tor, Office of Sustainable Fisheries, Depart- were submitted: RICH, Mr. REED, Mr. WYDEN, and Ms. ment of Commerce, transmitting, pursuant By Mr. HOEVEN, from the Committee on HIRONO): to law, the report of a rule entitled ‘‘Fish- Indian Affairs, without amendment: S. 769. A bill to require the disclosure of eries of the Caribbean, Gulf of Mexico, and S. 46. A bill to repeal the Klamath Tribe certain visitor access records; to the Com- South Atlantic; Shrimp Fishery Off the Judgment Fund Act (Rept. No. 116–6). mittee on Homeland Security and Govern- Southern Atlantic States; Closure of the S. 50. A bill to authorize the Secretary of mental Affairs. Penaeid Shrimp Fishery Off South Carolina’’ the Interior to assess sanitation and safety By Mr. GRASSLEY (for himself, Ms. (RIN0648–XF955) received during adjourn- conditions at Bureau of Indian Affairs facili- KLOBUCHAR, Mr. CORNYN, Mr. DURBIN, ment of the Senate in the Office of the Presi- ties that were constructed to provide af- Mr. LEAHY, Mr. BLUMENTHAL, and Mr. dent of the Senate on March 8, 2019; to the fected Columbia River Treaty tribes access MARKEY): S. 770. A bill to provide for media coverage Committee on Commerce, Science, and to traditional fishing grounds and expend of Federal court proceedings; to the Com- Transportation. funds on construction of facilities and struc- mittee on the Judiciary. EC–586. A communication from the Direc- tures to improve those conditions, and for By Mr. RUBIO (for himself and Mrs. tor, Office of Sustainable Fisheries, Depart- other purposes (Rept. No. 116–7). SHAHEEN): ment of Commerce, transmitting, pursuant f S. 771. A bill to amend section 21 of the to law, the report of a rule entitled ‘‘Fish- EXECUTIVE REPORT OF Small Business Act to require cyber certifi- eries of the Caribbean, Gulf of Mexico, and cation for small business development center South Atlantic; 2018 Commercial Account- COMMITTEE counselors, and for other purposes; to the ability Measure and Closure for South Atlan- Committee on Small Business and Entrepre- tic Blueline Tilefish’’ (RIN0648–XG424) re- The following executive report of a nomination was submitted: neurship. ceived during adjournment of the Senate in By Mr. RUBIO (for himself and Mr. the Office of the President of the Senate on By Mr. ISAKSON for the Committee on CARDIN): March 8, 2019; to the Committee on Com- Veterans’ Affairs. S. 772. A bill to require an annual report on merce, Science, and Transportation. *John Lowry III, of Illinois, to be Assistant the cybersecurity of the Small Business Ad- EC–587. A communication from the Direc- Secretary of Labor for Veterans’ Employ- ministration, and for other purposes; to the tor, Office of Sustainable Fisheries, Depart- ment and Training. Committee on Small Business and Entrepre- ment of Commerce, transmitting, pursuant *Nomination was reported with rec- neurship. to law, the report of a rule entitled ‘‘Real ommendation that it be confirmed sub- By Mr. GARDNER (for himself and Mr. Fish Fishery of the Gulf of Mexico; 2018 Rec- ject to the nominee’s commitment to PETERS): reational Accountability Measure and Clo- S. 773. A bill to require the Center for sure for Gulf of Mexico Grey Triggerfish’’ respond to requests to appear and tes- Medicare and Medicaid Innovation to test (RIN0648–XG421) received during adjourn- tify before any duly constituted com- the effect of including telehealth services in ment of the Senate in the Office of the Presi- mittee of the Senate. Medicare health care delivery reform mod- dent of the Senate on March 8, 2019; to the f els; to the Committee on Finance. Committee on Commerce, Science, and By Mrs. FEINSTEIN (for herself and Transportation. INTRODUCTION OF BILLS AND Ms. HARRIS): EC–588. A communication from the Acting JOINT RESOLUTIONS S. 774. A bill to adjust the boundary of the Deputy Assistant Administrator for Regu- Santa Monica Mountains National Recre- latory Programs, Office of Sustainable Fish- The following bills and joint resolu- ation Area to include the Rim of the Valley eries, Department of Commerce, transmit- tions were introduced, read the first Corridor, and for other purposes; to the Com- ting, pursuant to law, the report of a rule en- and second times by unanimous con- mittee on Energy and Natural Resources. titled ‘‘Fisheries of the Northeastern United sent, and referred as indicated: By Mr. SCHATZ: States; Summer Flounder, Scup, and Black By Mr. THUNE (for himself and Mr. S. 775. A bill to amend the America COM- PETES Act to require certain agencies to de- Sea Bass Fisheries; 2019 Specifications’’ WYDEN): velop scientific integrity policies, and for (RIN0648–BI48) received during adjournment S. 765. A bill to promote neutrality, sim- other purposes; to the Committee on Com- of the Senate in the Office of the President plicity, and fairness in the taxation of dig- merce, Science, and Transportation. of the Senate on March 8, 2019; to the Com- ital goods and digital services; to the Com- By Ms. MCSALLY (for herself, Ms. mittee on Commerce, Science, and Transpor- mittee on Finance. tation. SINEMA, and Ms. ROSEN): By Mr. TILLIS (for himself, Mr. GRASS- S. 776. A bill to amend the Radiation Expo- f LEY, Mr. CORNYN, and Mr. CRAPO): sure Compensation Act for purposes of mak- S. 766. A bill to amend title 11, United PETITIONS AND MEMORIALS ing claims under such Act based on exposure States Code, to promote the investigation of to atmospheric nuclear testing, and for other The following petitions and memo- fraudulent claims against certain trusts, to purposes; to the Committee on the Judici- rials were laid before the Senate and amend title 18, United States Code, to pro- ary. vide penalties against fraudulent claims By Mr. GARDNER (for himself, Mr. were referred or ordered to lie on the against certain trusts, and for other pur- table as indicated: HEINRICH, Mr. MORAN, and Mr. MAR- poses; to the Committee on the Judiciary. KEY): POM–12. A resolution adopted by the By Mr. PORTMAN (for himself, Mr. S. 777. A bill to direct the Secretary of Mayor and City Commission of the City of BROWN, and Mr. KING): Labor to enter into contracts with industry Miami Beach, Florida, urging the United S. 767. A bill to amend the Internal Rev- intermediaries for purposes of promoting the States Congress to enact legislation that enue Code of 1986 to qualify homeless youth development of and access to apprenticeships would eliminate the addition of a question and veterans who are full-time students for in the technology sector, and for other pur- regarding citizenship to the decennial United purposes of the low income housing tax cred- poses; to the Committee on Health, Edu- States Census questionnaire; to the Com- it; to the Committee on Finance. cation, Labor, and Pensions. mittee on Homeland Security and Govern- By Ms. WARREN (for herself, Ms. By Ms. MURKOWSKI (for herself, Mr. mental Affairs. BALDWIN, Mr. BENNET, Mr. WHITEHOUSE, Mr. PETERS, and Ms. POM–13. A resolution adopted by the Re- BLUMENTHAL, Mr. BOOKER, Mr. COLLINS): publican Party of Sarpy County, Nebraska BROWN, Ms. CANTWELL, Mr. CARDIN, S. 778. A bill to direct the Secretary of memorializing its support for the President Mr. CASEY, Ms. CORTEZ MASTO, Ms. Commerce, acting through the Adminis- of the United States’ proposal to construct a DUCKWORTH, Mr. DURBIN, Mrs. FEIN- trator of the National Oceanic and Atmos- secure border wall, and urging the United STEIN, Mrs. GILLIBRAND, Ms. HARRIS, pheric Administration, to conduct coastal States Congress to immediately take action Ms. HASSAN, Ms. HIRONO, Ms. KLO- community vulnerability assessments re- to fund the construction; to the Committee BUCHAR, Mr. LEAHY, Mr. MANCHIN, lated to ocean acidification, and for other on Homeland Security and Governmental Af- Mr. MARKEY, Mr. MENENDEZ, Mr. purposes; to the Committee on Commerce, fairs. MERKLEY, Mr. MURPHY, Mr. PETERS, Science, and Transportation. POM–14. A resolution adopted by the Mr. REED, Mr. SANDERS, Mrs. SHA- By Mr. WHITEHOUSE (for himself and Mayor and City Commission of the City of HEEN, Ms. SMITH, Ms. STABENOW, Mr. Mrs. SHAHEEN):

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A bill to prohibit discrimination on Service Corps. enue Code of 1986 to provide for current year the basis of sex, gender identity, and sexual S. 107 inclusion of net CFC tested income, and for orientation, and for other purposes; to the At the request of Mr. RUBIO, the other purposes; to the Committee on Fi- Committee on the Judiciary. name of the Senator from California nance. By Mrs. MURRAY (for herself and Mr. (Ms. HARRIS) was added as a cosponsor By Ms. BALDWIN (for herself, Ms. PORTMAN): of S. 107, a bill to provide any State WARREN, Mr. MERKLEY, Ms. S. 789. A bill to amend the Higher Edu- with a child welfare demonstration DUCKWORTH, Mr. KAINE, Mr. REED, cation Act of 1965 to improve the financial Mr. BLUMENTHAL, Mrs. GILLIBRAND, aid process for homeless and foster care project that is scheduled to terminate Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mr. youth; to the Committee on Health, Edu- at the end of fiscal year 2019 the option VAN HOLLEN, Ms. KLOBUCHAR, Mr. cation, Labor, and Pensions. to extend the project for up to 2 addi- BOOKER, and Ms. HIRONO): By Mr. GRAHAM (for himself, Mr. tional years. S. 781. A bill to amend the Internal Rev- BURR, and Mr. TILLIS): S. 133 enue Code of 1986 to provide for the proper S. 790. A bill to clarify certain provisions At the request of Ms. MURKOWSKI, the tax treatment of personal service income of Public Law 103–116, the Catawba Indian names of the Senator from Missouri earned in pass-thru entities; to the Com- Tribe of South Carolina Land Claims Settle- mittee on Finance. ment Act of 1993, and for other purposes; to (Mr. BLUNT), the Senator from South By Ms. STABENOW (for herself and the Committee on Indian Affairs. Dakota (Mr. ROUNDS), the Senator from Mr. BARRASSO): By Mr. DURBIN (for himself, Mr. Oklahoma (Mr. INHOFE) and the Sen- S. 782. A bill to amend title XVIII of the TESTER, Mr. VAN HOLLEN, Mr. BEN- ator from Arkansas (Mr. BOOZMAN) Social Security Act to improve access to NET, Mr. BLUMENTHAL, Mr. MERKLEY, were added as cosponsors of S. 133, a mental health services under the Medicare Mr. PETERS, Mr. JONES, Mr. BROWN, bill to award a Congressional Gold program; to the Committee on Finance. Ms. STABENOW, Ms. HARRIS, Ms. KLO- By Mr. DURBIN (for himself, Mr. MAR- Medal, collectively, to the United BUCHAR, Mr. UDALL, Ms. DUCKWORTH, States merchant mariners of World KEY, Ms. HIRONO, Mr. BLUMENTHAL, and Mr. WYDEN): and Mrs. GILLIBRAND): S. 791. A bill to amend title 38, United War II, in recognition of their dedi- S. 783. A bill to amend the Children’s On- States Code, to provide for clarification re- cated and vital service during World line Privacy Protection Act of 1998 to give garding the children to whom entitlement to War II. Americans the option to delete personal in- educational assistance may be transferred S. 201 formation collected by internet operators as under the Post-9/11 Educational Assistance a result of the person’s internet activity At the request of Mr. MENENDEZ, the Program, and for other purposes; to the name of the Senator from Illinois (Ms. prior to age 13; to the Committee on Com- Committee on Veterans’ Affairs. merce, Science, and Transportation. DUCKWORTH) was added as a cosponsor By Ms. KLOBUCHAR (for herself and f of S. 201, a bill to amend title 13, Ms. COLLINS): SUBMISSION OF CONCURRENT AND United States Code, to make clear that S. 784. A bill to amend the Elementary and SENATE RESOLUTIONS each decennial census, as required for Secondary Education Act of 1965 to expand The following concurrent resolutions the apportionment of Representatives the military student identifier program to in Congress among the several States, cover students with a parent who serves in and Senate resolutions were read, and the reserve component of the Armed Forces; referred (or acted upon), as indicated: shall tabulate the total number of per- sons in each State, and to provide that to the Committee on Health, Education, By Mr. BURR (for himself, Mr. TILLIS, no information regarding United Labor, and Pensions. and Mr. PAUL): By Mr. TESTER (for himself, Mr. S. Res. 108. A resolution honoring the life, States citizenship or immigration sta- MORAN, Ms. BALDWIN, Ms. STABENOW, accomplishments, and legacy of Representa- tus may be elicited in any such census. Mr. KAINE, Mr. MARKEY, Ms. SINEMA, tive Walter Beamon Jones, Jr.; considered S. 215 Ms. HIRONO, Mr. DURBIN, Mr. CASEY, and agreed to. At the request of Mr. THUNE, the Ms. HARRIS, Mr. UDALL, Mr. BLUMENTHAL, Mr. MURPHY, Mr. WAR- f name of the Senator from Indiana (Mr. NER, Mrs. MURRAY, Mrs. FEINSTEIN, ADDITIONAL COSPONSORS BRAUN) was added as a cosponsor of S. Mr. MENENDEZ, Mr. BOOKER, Ms. 215, a bill to amend the Internal Rev- SMITH, Mr. MANCHIN, Ms. KLOBUCHAR, S. 25 enue Code of 1986 to repeal the estate Mr. SANDERS, and Ms. DUCKWORTH): At the request of Mr. CRUZ, the name and generation-skipping transfer taxes, S. 785. A bill to improve mental health care of the Senator from Alaska (Mr. SUL- and for other purposes. provided by the Department of Veterans Af- LIVAN) was added as a cosponsor of S. S. 323 fairs, and for other purposes; to the Com- 25, a bill to reserve any amounts for- At the request of Mrs. MURRAY, the mittee on Veterans’ Affairs. feited to the United States Govern- By Mr. WARNER (for himself, Mr. names of the Senator from Iowa (Mr. MORAN, Mrs. CAPITO, and Mr. CASEY): ment as a result of the criminal pros- GRASSLEY), the Senator from Rhode Is- S. 786. A bill to amend the Internal Rev- ecution of Joaquin Archivaldo Guzman land (Mr. REED), the Senator from Min- enue Code of 1986 to establish a new tax cred- Loera (commonly known as ‘‘El nesota (Ms. SMITH), the Senator from it and grant program to stimulate invest- Chapo’’ ), or of other felony convictions Rhode Island (Mr. WHITEHOUSE), the ment and healthy nutrition options in food involving the transportation of con- Senator from Alabama (Mr. JONES), the deserts, and for other purposes; to the Com- trolled substances into the United Senator from Delaware (Mr. COONS), mittee on Finance. States, for security measures along the By Ms. WARREN (for herself, Mrs. the Senator from New Jersey (Mr. Southern border, including the comple- GILLIBRAND, and Mr. MARKEY): MENENDEZ), the Senator from Con- S. 787. A bill to make housing more afford- tion of a border wall. necticut (Mr. BLUMENTHAL) and the able, and for other purposes; to the Com- S. 62 Senator from New Jersey (Mr. BOOKER) mittee on Finance. At the request of Ms. KLOBUCHAR, the were added as cosponsors of S. 323, a By Mr. MERKLEY (for himself, Ms. name of the Senator from Delaware bill to direct the Secretary of Edu- COLLINS, Ms. BALDWIN, Mr. BOOKER, (Mr. COONS) was added as a cosponsor Mr. MARKEY, Mr. JONES, Mr. WHITE- cation to establish the Recognition In- HOUSE, Mr. BLUMENTHAL, Mr. LEAHY, of S. 62, a bill to amend title XVIII of spiring School Employees (RISE) Pro- Ms. HARRIS, Ms. CANTWELL, Mr. VAN the Social Security Act to allow the gram recognizing excellence exhibited HOLLEN, Ms. STABENOW, Mrs. MUR- Secretary of Health and Human Serv- by classified school employees pro- RAY, Ms. WARREN, Mr. WYDEN, Ms. ices to negotiate fair prescription drug viding services to students in pre- CORTEZ MASTO, Ms. KLOBUCHAR, Mr. prices under part D of the Medicare kindergarten through high school. CARDIN, Ms. ROSEN, Mr. CASEY, Mr. program. S. 362 SANDERS, Mr. PETERS, Mr. BROWN, S. 106 YDEN Mr. MENENDEZ, Ms. SMITH, Mr. REED, At the request of Mr. W , the Mrs. SHAHEEN, Mr. COONS, Mr. KAINE, At the request of Mr. BLUNT, the names of the Senator from New Jersey Mr. HEINRICH, Ms. HASSAN, Mr. BEN- names of the Senator from Ohio (Mr. (Mr. BOOKER), the Senator from Ari- NET, Mr. MURPHY, Mr. CARPER, Mr. PORTMAN) and the Senator from Rhode zona (Ms. MCSALLY) and the Senator

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(Mr. DAINES) was added as a cosponsor kota (Mr. CRAMER) and the Senator S. 717 of S. 450, a bill to require the Secretary from Nevada (Ms. CORTEZ MASTO) were At the request of Mr. MERKLEY, the of Veterans Affairs to carry out a pilot added as cosponsors of S. 592, a bill to name of the Senator from Oregon (Mr. program to expedite the onboarding amend the Securities and Exchange WYDEN) was added as a cosponsor of S. process for new medical providers of Act of 1934 to promote transparency in 717, a bill to amend the Toxic Sub- the Department of Veterans Affairs, to the oversight of cybersecurity risks at stances Control Act to prohibit the reduce the duration of the hiring proc- publicly traded companies. manufacture, processing, and distribu- ess for such medical providers, and for S. 598 tion in commerce of asbestos and as- other purposes. At the request of Mr. PETERS, the bestos-containing mixtures and arti- S. 504 names of the Senator from New Hamp- cles, and for other purposes. At the request of Ms. SINEMA, the shire (Mrs. SHAHEEN) and the Senator S. 731 names of the Senator from Minnesota from Massachusetts (Ms. WARREN) were At the request of Ms. MCSALLY, the (Ms. KLOBUCHAR), the Senator from added as cosponsors of S. 598, a bill to name of the Senator from Indiana (Mr. New Hampshire (Mrs. SHAHEEN) and the amend title 38, United States Code, to BRAUN) was added as a cosponsor of S. Senator from Minnesota (Ms. SMITH) increase certain funeral benefits for 731, a bill to amend the Anti-Border were added as cosponsors of S. 504, a veterans, and for other purposes. Corruption Act of 2010 to authorize cer- bill to amend title 36, United States S. 611 tain polygraph waiver authority, and Code, to authorize The American Le- At the request of Mr. SANDERS, the for other purposes. gion to determine the requirements for name of the Senator from Connecticut S. 739 membership in The American Legion, (Mr. BLUMENTHAL) was added as a co- At the request of Mr. UDALL, the and for other purposes. sponsor of S. 611, a bill to provide ade- name of the Senator from Maryland S. 518 quate funding for water and sewer in- (Mr. VAN HOLLEN) was added as a co- At the request of Ms. CANTWELL, the frastructure, and for other purposes. sponsor of S. 739, a bill to protect the names of the Senator from New York S. 622 voting rights of Native American and (Mr. SCHUMER) and the Senator from At the request of Mr. JONES, the Alaska Native voters. Minnesota (Ms. SMITH) were added as names of the Senator from Illinois (Mr. S. 752 cosponsors of S. 518, a bill to amend DURBIN), the Senator from South Da- At the request of Mr. KAINE, the title XVIII of the Social Security Act kota (Mr. ROUNDS), the Senator from name of the Senator from Minnesota to provide for Medicare coverage of Vermont (Mr. SANDERS) and the Sen- (Ms. SMITH) was added as a cosponsor certain lymphedema compression ator from Rhode Island (Mr. WHITE- of S. 752, a bill to amend the Higher treatment items as items of durable HOUSE) were added as cosponsors of S. Education Act of 1965 to provide for medical equipment. 622, a bill to amend title 10, United teacher and school leader quality en- S. 521 States Code, to repeal the requirement hancement and to enhance institu- At the request of Mr. BROWN, the for reduction of survivor annuities tional aid. name of the Senator from California under the Survivor Benefit Plan by S. 764 (Ms. HARRIS) was added as a cosponsor veterans’ dependency and indemnity At the request of Mr. LEE, the names of S. 521, a bill to amend title II of the compensation, and for other purposes. of the Senator from Texas (Mr. COR- Social Security Act to repeal the Gov- S. 625 NYN) and the Senator from Arizona ernment pension offset and windfall At the request of Ms. KLOBUCHAR, the (Ms. MCSALLY) were added as cospon- elimination provisions. name of the Senator from New Jersey sors of S. 764, a bill to provide for con- S. 537 (Mr. BOOKER) was added as a cosponsor gressional approval of national emer- At the request of Ms. ROSEN, the of S. 625, a bill to direct the Election gency declarations, and for other pur- names of the Senator from Montana Assistance Commission to carry out a poses. (Mr. DAINES) and the Senator from Ne- pilot program under which the Com- S.J. RES. 7 vada (Ms. CORTEZ MASTO) were added mission shall provide funds to local At the request of Mr. SANDERS, the as cosponsors of S. 537, a bill to amend educational agencies for initiatives to name of the Senator from Hawaii (Mr. the Internal Revenue Code of 1986 to provide voter registration information SCHATZ) was added as a cosponsor of provide the work opportunity tax cred- to secondary school students in the S.J. Res. 7, a joint resolution to direct it with respect to hiring veterans who 12th grade. the removal of United States Armed are receiving educational assistance S. 630 Forces from hostilities in the Republic under laws administered by the Sec- At the request of Mr. BROWN, the of Yemen that have not been author- retary of Veterans Affairs or Defense. name of the Senator from Connecticut ized by Congress. S. 546 (Mr. BLUMENTHAL) was added as a co- S. CON. RES. 5 At the request of Mrs. GILLIBRAND, sponsor of S. 630, a bill to amend the At the request of Mr. BARRASSO, the the names of the Senator from Maine Consumer Financial Protection Act of name of the Senator from Alaska (Mr. (Mr. KING) and the Senator from Ari- 2010 with respect to arbitration. SULLIVAN) was added as a cosponsor of zona (Ms. SINEMA) were added as co- S. 632 S. Con. Res. 5, a concurrent resolution sponsors of S. 546, a bill to extend au- At the request of Mr. LANKFORD, the supporting the Local Radio Freedom thorization for the September 11th Vic- names of the Senator from Maine (Mr. Act. tim Compensation Fund of 2001 KING), the Senator from Maine (Ms. S. RES. 100 through fiscal year 2090, and for other COLLINS) and the Senator from Mis- At the request of Mr. UDALL, the purposes. souri (Mr. HAWLEY) were added as co- name of the Senator from Michigan S. 589 sponsors of S. 632, a bill to amend the (Ms. STABENOW) was added as a cospon- At the request of Mr. LANKFORD, the Internal Revenue Code of 1986 to repeal sor of S. Res. 100, a resolution recog- name of the Senator from Iowa (Ms. the inclusion of certain fringe benefit nizing the heritage, culture, and con- ERNST) was added as a cosponsor of S. expenses for which a deduction is dis- tributions of American Indian, Alaska 589, a bill to provide for a period of con- allowed in unrelated business taxable Native, and Native Hawaiian women in tinuing appropriations in the event of a income. the United States.

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S. RES. 102 mined by clause (vi) of such section 7(4)(A); (A) ESTABLISHMENT OF DIRECT PAYMENT At the request of Mr. PORTMAN, the and PROCEDURES.—Each State and local jurisdic- names of the Senator from Illinois (Mr. (B) if the sale is not a separate and discrete tion shall provide reasonable procedures that transaction, then a seller shall use reason- permit the direct payment by a qualified DURBIN) and the Senator from Okla- able efforts to obtain a customer tax address, customer, as determined under procedures homa (Mr. LANKFORD) were added as as such efforts are described in clauses (ii), established by the State or local jurisdic- cosponsors of S. Res. 102, a resolution (iii), (iv), and (v) of section 7(4)(A), before re- tion, of taxes that are on the sale of covered designating April 2019 as ‘‘Second sorting to using a customer tax address as electronic goods or services to multiple loca- Chance Month’’ . determined by clause (vi) of such section tions of the customer and that would, absent S. RES. 104 7(4)(A). such procedures, be required or permitted by At the request of Mr. RUBIO, the (b) RELIANCE ON CUSTOMER-PROVIDED IN- law to be collected from the customer by the name of the Senator from Florida (Mr. FORMATION.—A seller that relies in good seller. faith on information provided by a customer (B) EFFECT OF CUSTOMER COMPLIANCE WITH COTT S ) was added as a cosponsor of S. to determine a customer tax address shall DIRECT PAYMENT PROCEDURES.—When a quali- Res. 104, a resolution calling on the not be held liable for any additional tax fied customer elects to pay tax directly Government of Iran to fulfill repeated based on a different determination of that under the procedures established under sub- promises of assistance in the case of customer tax address by a State or local ju- paragraph (A), the seller shall— Robert Levinson, the longest held risdiction or court of competent jurisdiction, (i) have no obligation to obtain the mul- United States civilian in our Nation’s unless and until binding notice is given as tiple customer tax addresses under sub- history. provided in subsection (c). section (a); and (c) ADDRESS CORRECTION.—If a State or (ii) not be liable for such tax, provided the f local jurisdiction is authorized under State seller follows the State and local procedures STATEMENTS ON INTRODUCED law to administer a tax, and the jurisdiction and maintains appropriate documentation in BILLS AND JOINT RESOLUTIONS determines that the customer tax address de- its books and records. termined by a seller is not the customer tax SEC. 5. TREATMENT OF BUNDLED TRANS- By Mr. THUNE (for himself and address that would have been determined ACTIONS, DIGITAL CODES, AND Mr. WYDEN): under section 7(4)(A) if the seller had the ad- OTHER RULES. S. 765. A bill to promote neutrality, ditional information provided by the State (a) BUNDLED TRANSACTION.—If a charge for simplicity, and fairness in the taxation or local jurisdiction, then the jurisdiction a distinct and identifiable covered electronic may give binding notice to the seller to cor- good or service is aggregated with and not of digital goods and digital services; to separately stated from one or more charges the Committee on Finance. rect the customer tax address on a prospec- tive basis, effective not less than 45 days for other distinct and identifiable goods or Mr. THUNE. Mr. President, I ask after the date of such notice, if— services, which may include other covered unanimous consent that the text of the (1) when the determination is made by a electronic goods or services, and any part of bill be printed in the RECORD. local jurisdiction, such local jurisdiction ob- the aggregation is subject to taxation, then There being no objection, the text of tains the consent of all affected local juris- the entire aggregation may be subject to the bill was ordered to be printed in dictions within the State before giving such taxation, except to the extent that the seller can identify, by reasonable and verifiable notice of determination; and the RECORD, as follows: standards, one or more charges for the non- (2) before the State or local jurisdiction S. 765 taxable goods or services from its books and gives such notice of determination, the cus- records kept in the ordinary course of busi- Be it enacted by the Senate and House of Rep- tomer is given an opportunity to dem- ness. resentatives of the United States of America in onstrate in accordance with applicable State Congress assembled, (b) DIGITAL CODE.—The tax treatment of or local tax administrative procedures that the sale of a digital code shall be the same as SECTION 1. SHORT TITLE. the address used is the customer tax address. the tax treatment of the sale of the covered This Act may be cited as the ‘‘Digital (d) COORDINATION WITH SOURCING OF MO- electronic good or service to which the dig- Goods and Services Tax Fairness Act of BILE TELECOMMUNICATIONS SERVICE.— ital code relates. 2019’’. (1) IN GENERAL.—If— (c) APPLICATION OF FIXED CHARGES TO VOIP SEC. 2. MULTIPLE AND DISCRIMINATORY TAXES (A) a covered electronic good or service is SERVICE.—With respect to VoIP service, if PROHIBITED. sold to a customer by a home service pro- any tax is based on a fixed charge, such fixed (a) MULTIPLE TAXES.—No State or local ju- vider of mobile telecommunications service charge shall be based on the number of si- risdiction shall impose multiple taxes on the that is subject to being sourced under sec- multaneous outbound calls the customer has sale or use of a covered electronic good or tion 117 of title 4, United States Code, or the purchased the right to place, regardless of service. charges for a covered electronic good or serv- actual usage or the number of the customer’s (b) DISCRIMINATORY TAXES.—No State or ice are billed to the customer by such a phone numbers. local jurisdiction shall impose discrimina- home service provider; and (d) RULE OF CONSTRUCTION.—The sale of a tory taxes on the sale or use of a digital good (B) the covered electronic good or service digital code shall be considered the sale or a digital service. is delivered, transferred, or provided elec- transaction for purposes of this Act. SEC. 3. SOURCING LIMITATION. tronically by means of mobile telecommuni- SEC. 6. NO INFERENCE. Subject to section 6(a), taxes on the sale of cations service that is deemed to be provided (a) CUSTOMER LIABILITY.—Subject to the a covered electronic good or service may by such home service provider under section prohibition provided in section 2, nothing in only be imposed by a State or local jurisdic- 117 of such title, this Act modifies, impairs, supersedes, or au- thorizes the modification, impairment, or tion whose territorial limits encompass the then the home service provider and, if dif- supersession of any law allowing a State or customer tax address. ferent, the seller of the covered electronic local jurisdiction to impose tax on and col- SEC. 4. CUSTOMER TAX ADDRESS. good or service, may presume that the cus- lect tax directly from a customer based upon (a) SELLER OBLIGATION.— tomer’s place of primary use for such mobile use of a covered electronic good or service in (1) IN GENERAL.—Subject to subsection telecommunications service is the customer such State. (e)(2), a seller shall be responsible for obtain- tax address described in section 7(4)(A)(ii) (b) NON-TAX MATTERS.—This Act shall not ing and maintaining in the ordinary course with respect to the sale of such covered elec- be construed to apply in, or to affect, any of business the customer tax address with re- tronic good or service. non-tax regulatory matter or other context. spect to the sale of a covered electronic good (2) DEFINITIONS.—For purposes of this sub- (c) STATE TAX MATTERS.—The definitions or service, and shall be responsible for col- section, the terms ‘‘home service provider’’, contained in this Act are intended to be used lecting and remitting the correct amount of ‘‘mobile telecommunications service’’, and with respect to interpreting this Act. Noth- tax for the State and local jurisdictions ‘‘place of primary use’’ have the same mean- ing in this Act shall prohibit a State or local whose territorial limits encompass the cus- ings as in section 124 of title 4, United States jurisdiction from adopting different nomen- tomer tax address if the State or local juris- Code. clature to enforce the provisions set forth in diction has the authority to require such col- (e) MULTIPLE LOCATIONS.— this Act. lection and remittance by the seller. (1) IN GENERAL.—If a digital service, audio (d) INTERNET TAX FREEDOM ACT.—Nothing (2) CERTAIN TRANSACTIONS.—When a cus- or video programming service, or VoIP serv- in this Act modifies, impairs, supersedes, or tomer tax address is not a business location ice is sold to a customer and available for authorizes the modification, impairment, or of the seller under clause (i) of section use by the customer in multiple locations si- supersession of the Internet Tax Freedom 7(4)(A)— multaneously, the seller may determine the Act (47 U.S.C. 151 note). (A) if the sale is a separate and discrete customer tax addresses using a reasonable SEC. 7. DEFINITIONS. transaction, then a seller shall use reason- and consistent method based on the address- In this Act, the following definitions shall able efforts to obtain a customer tax address, es of use as provided by the customer and de- apply: as such efforts are described in clauses (iii), termined in agreement with the customer at (1) AUDIO OR VIDEO PROGRAMMING SERVICE.— (iv), and (v) of section 7(4)(A), before resort- the time of sale or at a later time. The term ‘‘audio or video programming serv- ing to using a customer tax address as deter- (2) DIRECT CUSTOMER PAYMENT.— ice’’ means programming provided by, or

VerDate Sep 11 2014 04:04 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.037 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1848 CONGRESSIONAL RECORD — SENATE March 13, 2019 generally considered comparable to program- tivity or service performed to create such not impose in the case of transactions in- ming provided by, a radio or television software or other good, that results in the volving similar property, goods, or services broadcast station, regardless of the facilities delivery to the customer of a complete copy accomplished through other means; used to deliver or provide such service. of such software or other good, with the (iv) establishes a classification of digital (2) COVERED ELECTRONIC GOOD OR SERVICE.— right to use permanently or for a specified services or digital goods providers for pur- The term ‘‘covered electronic good or serv- period, and includes, as an incidental compo- poses of establishing a higher tax rate to be ice’’ means a digital good, digital service, nent, charges for the delivery or transfer of imposed on such providers than the tax rate audio or video programming service, or VoIP such software or other good. generally imposed on providers of similar service. (8) DIGITAL SERVICE.— property, goods, or services accomplished (3) CUSTOMER.—The term ‘‘customer’’ (A) IN GENERAL.—The term ‘‘digital serv- through other means; or means a person that purchases a covered ice’’ means any service that is provided elec- (v) does not provide a resale and compo- electronic good or service or digital code. tronically, including the provision of remote nent part exemption for the purchase of dig- (4) CUSTOMER TAX ADDRESS.— access to or use of a digital good, and in- ital goods or digital services in a manner (A) IN GENERAL.—The term ‘‘customer tax cludes, as an incidental component, charges consistent with the State’s resale and com- address’’ means— for the electronic provision of the digital ponent part exemption applicable to the pur- (i) with respect to the sale of a covered service to the customer. chase of similar property, goods, or services electronic good or service that is received by (B) EXCEPTIONS.—The term ‘‘digital serv- accomplished through other means. the customer at a business location of the ice’’ does not include a service that is pre- (B) CLARIFICATION.—For purposes of this seller, such business location; dominantly attributable to the direct, con- paragraph, any tax that is limited in its ap- (ii) if clause (i) does not apply and the pri- temporaneous expenditure of live human ef- plication to only certain services, providers, mary use location of the covered electronic fort, skill, or expertise, a telecommuni- or industries shall not be considered to be good or service is known by the seller, such cations service, an ancillary service, Inter- generally imposed, with the exception of any location; net access, audio or video programming serv- State tax which is imposed— (iii) if neither clause (i) nor clause (ii) ap- ice, or a hotel intermediary service. (i) in lieu of a generally imposed tax; and plies, and if the location where the covered (C) CLARIFYING DEFINITIONS.—For purposes (ii) at a rate which is not greater than the electronic good or service is received by the of subparagraph (B)— customer, or by a donee of the customer that (i) the term ‘‘ancillary service’’ means a rate of such tax. is identified by such customer, is known to service that is associated with or incidental (10) LOCAL JURISDICTION.— the seller and maintained in the ordinary to the provision of telecommunications serv- (A) IN GENERAL.—The term ‘‘local jurisdic- course of the seller’s business, such location; ices, including, but not limited to, detailed tion’’ means— (iv) if none of clauses (i) through (iii) ap- telecommunications billing, directory assist- (i) any municipality, city, county, town- plies, the location indicated by an address ance, vertical service, and voice mail serv- ship, parish, transportation district, or as- for the customer that is available from the ices; sessment jurisdiction; business records of the seller that are main- (ii) the term ‘‘hotel intermediary serv- (ii) any other local jurisdiction in the ter- tained in the ordinary course of the seller’s ice’’— ritorial jurisdiction of the United States business, when use of the address does not (I) means a service provided by a person with the authority to impose a tax; and constitute bad faith; that facilitates the sale, use, or possession of (iii) any governmental entity or person (v) if none of clauses (i) through (iv) ap- a hotel room or other transient accommoda- acting on behalf of an entity described in plies, the location indicated by an address tion to the general public; and clause (i) or (ii) and with the authority to as- for the customer obtained during the con- (II) does not include the purchase of a dig- sess, impose, levy, or collect taxes. summation of the sale, including the address ital service by a person who provides a hotel (B) EXCEPTION.—The term ‘‘local jurisdic- of a customer’s payment instrument, when intermediary service or by a person who tion’’ shall not include a State. use of this address does not constitute bad owns, operates, or manages hotel rooms or (11) MULTIPLE TAX.— faith; or other transient accommodations; (A) IN GENERAL.—The term ‘‘multiple tax’’ (vi) if none of clauses (i) through (v) ap- (iii) the term ‘‘Internet access’’ means any means any tax that is imposed by one State, plies, including the circumstance in which service included within the definition of the one or more of that State’s local jurisdic- the seller is without sufficient information term ‘‘internet access’’ under section 1105(5) tions, or both on the same or essentially the to apply such paragraphs, one of the fol- of the Internet Tax Freedom Act (47 U.S.C. same covered electronic good or service that lowing locations, as selected by the seller, 151 note); and is also subject to tax imposed by another provided that such location is consistently (iv) the term ‘‘telecommunications serv- State, one or more local jurisdictions in such used by the seller for all such sales to which ice’’— other State (whether or not at the same rate this clause applies: (I) means the electronic transmission, con- or on the same basis), or both, without a (I) The location in the United States of the veyance, or routing of voice, data, audio, credit for taxes paid in other jurisdictions. headquarters of the seller’s business. video, or any other information or signals to (B) EXCEPTION.—The term ‘‘multiple tax’’ (II) The location in the United States a point, or between or among points; shall not include a tax imposed by a State where the seller has the greatest number of (II) includes such transmission, convey- and one or more political subdivisions there- employees. ance, or routing in which computer proc- of on the same covered electronic good or (III) The location in the United States— essing applications are used to act on the service or a tax on persons engaged in selling (aa) from which the seller makes digital form, code, or protocol of the content for covered electronic goods or services which goods available for electronic delivery; or purposes of transmission, conveyance, or also may have been subject to a sales or use (bb) from which digital services, VoIP serv- routing, without regard to whether such tax thereon. ices, or audio or video programming services service is referred to as VoIP service; and (12) PRIMARY USE LOCATION.— are provided electronically. (III) does not include data processing and (A) IN GENERAL.—The term ‘‘primary use (B) EXCLUSION.—For purposes of this para- information services that allow data to be location’’ means a street address representa- graph, the term ‘‘location’’ does not include generated, acquired, stored, processed, or re- tive of where the customer’s use of a covered the location of a server, machine, or device, trieved and delivered by an electronic trans- electronic good or service will primarily including an intermediary server, that is mission to a purchaser where such pur- occur, which shall be the residential street used simply for routing or storage. chaser’s primary purpose for the underlying address or a business street address of the (5) DELIVERED OR TRANSFERRED ELECTRONI- transaction is the processed data or informa- actual end user of the covered electronic CALLY; PROVIDED ELECTRONICALLY.—The term tion. good or service, including, if applicable, the ‘‘delivered or transferred electronically’’ (9) DISCRIMINATORY TAX.— address of a donee of the customer that is means the delivery or transfer of a digital (A) IN GENERAL.—The term ‘‘discrimina- designated by the customer. good by means other than tangible storage tory tax’’ means any tax imposed by a State (B) CUSTOMERS THAT ARE NOT INDIVID- media, and the term ‘‘provided electroni- or local jurisdiction on digital goods or dig- UALS.—For the purpose of subparagraph (A), cally’’ means the provision of a digital serv- ital services that— if the customer is not an individual, the pri- ice, audio or video programming service, or (i) is not generally imposed and legally col- mary use location is determined by the loca- VoIP service remotely via electronic means. lectible by such State or local jurisdiction tion of the customer’s employees or equip- (6) DIGITAL CODE.—The term ‘‘digital code’’ on transactions involving similar property, ment (machine or device) that make use of means a code that conveys only the right to goods, or services accomplished through the covered electronic good or service, but obtain a covered electronic good or service other means; does not include the location of a person who without making further payment. (ii) is not generally imposed and legally uses the covered electronic good or service (7) DIGITAL GOOD.—The term ‘‘digital good’’ collectible at the same or higher rate by as the purchaser of a separate good or serv- means any software or other good that is de- such State or local jurisdiction on trans- ice from the customer. livered or transferred electronically, includ- actions involving similar property, goods, or (13) SALE AND PURCHASE.—The terms ‘‘sale’’ ing sounds, images, data, facts, or combina- services accomplished through other means; and ‘‘purchase’’, and all variations thereof, tions thereof, maintained in digital format, (iii) imposes an obligation to collect or pay shall include the provision, lease, rent, li- where such software or other good is the true the tax on a person, other than the seller, cense, and corresponding variations thereof. object of the transaction, rather than the ac- that the State or local jurisdiction would (14) SELLER.—

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.043 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1849 (A) IN GENERAL.—The term ‘‘seller’’ means this Act, in which case this Act shall be nity groups, and elected officials. It is a person making sales of covered electronic deemed invalid and of no legal effect as of the product of significant public en- goods or services. the date that the judgment on such holding gagement in the legislative process. (B) EXCEPTIONS.—A person that provides is final and no longer subject to appeal. I would like to thank my colleague, billing service or electronic delivery or transport service on behalf of another unre- By Mrs. FEINSTEIN (for herself Representative ADAM SCHIFF, for re-in- lated or unaffiliated person, with respect to and Ms. HARRIS): troducing this legislation in the House. the other person’s sale of a covered elec- S. 774. A bill to adjust the boundary I look forward to working with my tronic good or service, shall not be treated as of the Santa Monica Mountains Na- colleagues to pass the ‘‘Rim of the Val- a seller of that covered electronic good or tional Recreation Area to include the ley Corridor Preservation Act’’ as service. Rim of the Valley Corridor, and for quickly as possible. (C) RULE OF CONSTRUCTION.—Nothing in other purposes; to the Committee on Thank you, Mr. President, I yield the this paragraph shall preclude the person pro- floor. viding the billing service or electronic deliv- Energy and Natural Resources. Mrs. FEINSTEIN. Mr. President, I ery or transport service from entering into a By Mr. DURBIN (for himself, Mr. contract with the seller to assume the tax am pleased to introduce the ‘‘Rim of MARKEY, Ms. HIRONO, Mr. collection and remittance responsibilities of the Valley Corridor Preservation Act.’’ BLUMENTHAL, and Mrs. GILLI- the seller. This legislation would expand the BRAND): (15) SEPARATE AND DISCRETE TRANS- boundaries of the Santa Monica Moun- S. 783. A bill to amend the Children’s ACTION.—The term ‘‘separate and discrete tains National Recreation Area by transaction’’ means a sale of a covered elec- Online Privacy Protection Act of 1998 191,000 acres. tronic good or service or digital code sold in to give Americans the option to delete a single transaction that does not involve This legislation would provide sur- rounding communities with much- personal information collected by any additional charges or continued pay- internet operators as a result of the ment in order to maintain possession of the needed access to nature and open person’s internet activity prior to age digital good or access to or usage of the dig- space, while maintaining private prop- ital service, audio or video programming erty rights and existing local land-use 13; to the Committee on Commerce, service, or VoIP service. authorities. Science, and Transportation. (16) STATE.—The term ‘‘State’’ means— The proposed expansion is based upon Mr. DURBIN. Mr. President, I ask (A) any of the several States, the District findings of the National Park Service unanimous consent that the text of the of Columbia, or any territory or possession bill be printed in the RECORD. of the United States; and after a six-year special resource study of the area. There being no objection, the text of (B) any governmental entity or person act- the bill was ordered to be printed in ing on behalf of an entity described in sub- This study was directed by Congress the RECORD, as follows: paragraph (A) and with the authority to as- in the Rim of the Valley Corridor sess, impose, levy, or collect taxes. Study Act, passed in 2008. S. 783 (17) TAX.— The National Park Service’s rec- Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—The term ‘‘tax’’ means ommendation takes into account over resentatives of the United States of America in any charge imposed by any State or local ju- 2,000 comments received from the pub- Congress assembled, risdiction for the purpose of generating reve- lic, elected officials, local organiza- SECTION 1. SHORT TITLE. nues for governmental purposes, including tions, and other stakeholders. This Act may be cited as the ‘‘Clean Slate any tax, charge, or fee levied as a fixed for Kids Online Act of 2019’’. charge or measured by gross amounts This bill would add an additional 191,000 acres, known as the Rim of the SEC. 2. ENHANCING THE CHILDREN’S ONLINE charged, regardless of whether such tax, PRIVACY PROTECTION ACT OF 1998. Valley Unit, to the existing Santa charge, or fee is imposed on the seller or the (a) DEFINITIONS.—Section 1302 of the Chil- customer and regardless of the terminology Monica Mountains National Recreation dren’s Online Privacy Protection Act of 1998 used to describe the tax, charge, or fee. area to provide members of the local (15 U.S.C. 6501) is amended by adding at the (B) EXCLUSIONS.—The term ‘‘tax’’ does not community with improved recreational end the following: include an ad valorem tax, a tax on or meas- and educational opportunities. ‘‘(13) DELETE.—The term ‘delete’ means to ured by capital, a tax on or measured by net The proposed expansion would also remove personal information such that the income, apportioned gross income, appor- better protect natural resources and information is not maintained in retrievable tioned revenue, apportioned taxable margin, form and cannot be retrieved in the normal or apportioned gross receipts, or a State or habitats, including valuable habitat for endangered wildlife, such as the Cali- course of business.’’. local jurisdiction business and occupation (b) REGULATION OF UNFAIR AND DECEPTIVE tax imposed on a broad range of business ac- fornia red-legged frog, mountain lions, ACTS AND PRACTICES IN CONNECTION WITH THE tivity in a State that enacted a State tax on bobcats, foxes, badgers, coyotes, and COLLECTION AND USE OF PERSONAL INFORMA- gross receipts after January 1, 1932, and be- deer. TION FROM AND ABOUT CHILDREN ON THE fore January 1, 1936. Notably, the ‘‘Rim of the Valley Cor- INTERNET.—Section 1303 of the Children’s On- (18) VOIP SERVICE.—The term ‘‘VoIP serv- ridor Preservation Act’’ would only line Privacy Protection Act of 1998 (15 U.S.C. ice’’ means any interconnected VoIP service, allow the Department of the Interior to 6502) is amended— as defined in section 9.3 of title 47, Code of (1) in subsection (a), by adding at the end Federal Regulations, or any successor tech- acquire non-Federal land within the new boundaries through exchange, do- the following: nology. ‘‘(3) FAILURE TO DELETE.—It is unlawful for SEC. 8. EFFECTIVE DATE; APPLICATION. nation, or purchase from willing sell- an operator of a website or online service di- (a) GENERAL RULE.—This Act shall take ef- ers. rected to children, or any operator that has fect 60 days after the date of enactment of I want to highlight that this legisla- actual knowledge that it is collecting per- this Act. tion will not create any additional li- sonal information from a child, to fail to de- (b) EXCEPTIONS.—A State or local jurisdic- ability or restrictions for private prop- lete personal information collected from or tion shall have 2 years from the date of en- erty owners. about a child if a request for deletion is actment of this Act to modify any State or This legislation will significantly ex- made pursuant to regulations prescribed local tax statute enacted prior to the date of pand outdoor recreational opportuni- under subsection (e).’’; and enactment of this Act to conform to the pro- ties for residents of Los Angeles Coun- (2) by adding at the end the following: visions set forth in sections 4 and 5 of this ‘‘(e) RIGHT OF AN INDIVIDUAL TO DELETE Act. ty, one of the most densely populated PERSONAL INFORMATION COLLECTED WHEN THE (c) APPLICATION TO LIABILITIES AND PEND- and park-poor areas in California. PERSON WAS A CHILD.— ING CASES.—Nothing in this Act shall affect In fact, 47% of Californians—that’s ‘‘(1) IN GENERAL.—Not later than 1 year liability for taxes accrued and enforced be- six percent of the total U.S. popu- after the date of enactment of this sub- fore the effective date of this Act or affect lation—live within two hours of the section, the Commission shall promulgate ongoing litigation relating to such taxes. proposed expansion area. Enlarging the under section 553 of title 5, United States SEC. 9. SAVINGS PROVISION. Santa Monica Mountains National Code, regulations that require the operator If any provision or part of this Act is held Recreation Area, at no cost to U.S. of any website or online service directed to to be invalid or unenforceable by a court of children, or any operator that has actual competent jurisdiction for any reason, such taxpayers, will provide these commu- knowledge that it has collected personal in- holding shall not affect the validity or en- nities with increased access to public formation from a child or maintains such forceability of any other provision or part of lands and boost the local economy. personal information— this Act unless such holding substantially This bill enjoys the support of more ‘‘(A) to provide notice in a prominent place limits or impairs the essential elements of than 50 local municipalities, commu- on the website of how an individual over the

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.043 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1850 CONGRESSIONAL RECORD — SENATE March 13, 2019 age of 13, or a legal guardian of an individual SECTION 1. SHORT TITLE. House of Representatives to advocate for over the age of 13 acting with the knowledge This Act may be cited as the ‘‘GI Edu- members of the Armed Forces and their fam- and consent of the individual, can request cation Benefits Fairness Act of 2019’’. ilies; that the operator delete all personal infor- SEC. 2. CLARIFICATION REGARDING THE CHIL- Whereas Walter B. Jones was a staunch ad- mation in the possession of the operator that DREN TO WHOM ENTITLEMENT TO vocate for peace and began a letter-writing was collected from or about the individual EDUCATIONAL ASSISTANCE MAY BE campaign to the loved ones of the fallen sol- TRANSFERRED UNDER THE POST 9/ when the individual was a child notwith- 11 EDUCATIONAL ASSISTANCE PRO- diers in Iraq and Afghanistan, personally standing any parental consent that may GRAM. sending more than 11,200 letters; have been provided when the individual was (a) IN GENERAL.—Section 3319(c) of title 38, Whereas Walter B. Jones worked for 14 a child; United States Code, is amended to read as years to finally restore honor to and clear ‘‘(B) to promptly delete all personal infor- follows: the names of 2 deceased Marine pilots who mation in the possession of the operator that ‘‘(c) ELIGIBLE DEPENDENTS.— had been wrongly blamed for a military acci- was collected from or about an individual ‘‘(1) TRANSFER.—An individual approved to dent that took the lives of 17 other Marines; when the individual was a child when such transfer an entitlement to educational as- Whereas the heritage of Eastern North deletion is requested by an individual over sistance under this section may transfer the Carolina held an important place in the the age of 13 or by the legal guardian of such individual’s entitlement as follows: heart of Walter B. Jones, moving him to pro- individual acting with the knowledge and ‘‘(A) To the individual’s spouse. tect the Shackleford Banks Wild Horses and consent of the individual, notwithstanding ‘‘(B) To one or more of the individual’s to work to extend protections to the Corolla any parental consent that may have been children. Wild Horses that have freely roamed the provided when the individual was a child; ‘‘(C) To a combination of the individuals beaches of North Carolina for centuries; ‘‘(C) to provide written confirmation of de- referred to in subparagraphs (A) and (B). Whereas Walter B. Jones worked closely letion, after the deletion has occurred, to an ‘‘(2) DEFINITION OF CHILDREN.—For purposes with Government agencies in his district, individual or legal guardian of such indi- of this subsection, the term ‘children’ in- particularly the National Park Service, to vidual who has requested such deletion pur- cludes dependents described in section ensure his constituents and guests in the dis- suant to this subsection; and 1072(2)(I) of title 10.’’. trict were able to enjoy the natural beauty ‘‘(D) to except from deletion personal in- (b) APPLICABILITY.—The amendment made of the coastline of North Carolina; formation collected from or about a child— by subsection (a) shall apply with respect to Whereas Walter B. Jones had an out- ‘‘(i) only to the extent that the personal educational assistance payable under chap- standing working relationship with the fish- information is necessary— ter 33 of such title before, on, or after the ermen and beach communities in the Third ‘‘(I) to respond to judicial process; or date of the enactment of this Act. Congressional District of North Carolina, al- ‘‘(II) to the extent permitted under any f ways advocating on behalf of the marine in- other provision of law, to provide informa- dustry and maintaining continuous engage- tion to law enforcement agencies or for an SUBMITTED RESOLUTIONS ment on coastal issues; investigation on a matter related to public Whereas, in 2004, Walter B. Jones was voted safety; and by congressional staffers as the nicest Mem- ‘‘(ii) if the operator retain such excepted SENATE RESOLUTION 108—HON- ber of Congress, a testament to his ever-gra- personal information for only as long as rea- ORING THE LIFE, ACCOMPLISH- cious and humble demeanor; sonably necessary to fulfill the purpose for MENTS, AND LEGACY OF REP- Whereas Walter B. Jones, always a man of which the information has been excepted and RESENTATIVE WALTER BEAMON the people, built an outstanding record in that the excepted information not be used, JONES, JR constituent services, ensuring every person disseminated or maintained in a form re- in his district would have access to him and trievable to anyone except for the purposes Mr. BURR (for himself, Mr. TILLIS, his office; and specified in this subparagraph.’’. and Mr. PAUL) submitted the following Whereas Walter B. Jones is survived by his (c) SAFE HARBORS.—Section 1304 of the resolution; which was considered and wife of 53 years, JoeAnne, and daughter, Ash- Children’s Online Privacy Protection Act of agreed to: ley Elizabeth: Now, therefore, be it 1998 (15 U.S.C. 6503) is amended— S. RES. 108 Resolved, That the Senate— (1) in subsection (a), by striking ‘‘section Whereas the passing of Walter Beamon (1) honors the life, accomplishments, and 1303(b)’’ and inserting ‘‘subsections (b) and Jones, Jr. (in this preamble referred to as legacy of Congressman Walter B. Jones, Jr.; (e) of section 1303’’; and ‘‘Walter B. Jones’’), on February 10, 2019, was and (2) in subsection (b)(1), by striking ‘‘sub- a monumental loss to his wife, JoeAnne, and (2) extends its warmest sympathies to the section (b)’’ and inserting ‘‘subsections (b) their daughter, Ashley, as well as a deep loss family, friends, and loved ones of Congress- and (e)’’. for the Third Congressional District of North man Walter B. Jones, Jr. (d) ACTIONS BY STATES.—Section 1305(a)(1) Carolina and the entire Congress; of the Children’s Online Privacy Protection Whereas Walter B. Jones was born on Feb- f Act of 1998 (15 U.S.C. 6504(a)(1)) is amended ruary 10, 1943, in Farmville, North Carolina, by striking ‘‘1303(b)’’ and inserting ‘‘sub- to Walter B. Jones, Sr., and Doris Long; section (b) or (e) of section 1303’’. AMENDMENTS SUBMITTED AND Whereas Walter B. Jones attended PROPOSED Hargrave Military Academy in Chatham, By Mr. DURBIN (for himself, Mr. Virginia, and went on to Atlantic Christian SA 193. Mr. LEE (for Mr. PAUL) proposed TESTER, Mr. VAN HOLLEN, Mr. College, where he received his degree in his- an amendment to the joint resolution S.J. BENNET, Mr. BLUMENTHAL, Mr. tory in 1966; Res. 7, to direct the removal of United States MERKLEY, Mr. PETERS, Mr. Whereas, also in 1966, Walter B. Jones mar- Armed Forces from hostilities in the Repub- JONES, Mr. BROWN, Ms. STABE- ried his wife of more than 50 years, JoeAnne lic of Yemen that have not been authorized Whitehurst, and they later welcomed their by Congress. NOW, Ms. HARRIS, Ms. KLO- only child, Ashley Elizabeth; SA 194. Mr. LEE (for Mr. INHOFE (for him- BUCHAR, Mr. UDALL, Ms. Whereas Walter B. Jones went on to serve self and Mr. CORNYN)) proposed an amend- DUCKWORTH, and Mr. WYDEN): for 4 years in the North Carolina National ment to the joint resolution S.J. Res. 7, S. 791. A bill to amend title 38, Guard, beginning his long career of serving supra. United States Code, to provide for clar- the people of North Carolina; SA 195. Mr. LEE (for Mr. RUBIO (for himself ification regarding the children to Whereas, in 1982, following in his father’s and Mr. CORNYN)) proposed an amendment to whom entitlement to educational as- footsteps, Walter B. Jones was elected to the joint resolution S.J. Res. 7, supra. sistance may be transferred under the serve the Ninth District in the House of Rep- SA 196. Mr. MERKLEY submitted an Post-9/11 Educational Assistance Pro- resentatives of North Carolina, ultimately amendment intended to be proposed by him serving 5 consecutive terms; to the joint resolution S.J. Res. 7, supra; gram, and for other purposes; to the Whereas, in 1994, Walter B. Jones was which was ordered to lie on the table. Committee on Veterans’ Affairs. elected to represent the Third Congressional SA 197. Mr. VAN HOLLEN submitted an Mr. DURBIN. Mr. President, I ask District of North Carolina in the House of amendment intended to be proposed by him unanimous consent that the text of the Representatives of the United States, where to the joint resolution S.J. Res. 7, supra; bill be printed in the RECORD. he served for 12 full terms; which was ordered to lie on the table. There being no objection, the text of Whereas, although Walter B. Jones began SA 198. Mr. VAN HOLLEN submitted an the bill was ordered to be printed in his political career as a Democrat and later amendment intended to be proposed by him switched to the Republican Party, he always to the joint resolution S.J. Res. 7, supra; the RECORD, as follows: voted with his constituents of Eastern North which was ordered to lie on the table. S. 791 Carolina in mind, regardless of party posi- SA 199. Mr. VAN HOLLEN submitted an Be it enacted by the Senate and House of Rep- tion; amendment intended to be proposed by him resentatives of the United States of America in Whereas Walter B. Jones worked tirelessly to the joint resolution S.J. Res. 7, supra; Congress assembled, on the Committee on Armed Services of the which was ordered to lie on the table.

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.046 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1851 TEXT OF AMENDMENTS by him to the joint resolution S.J. Res. Protocol and making it a condition of nu- 7, to direct the removal of United clear supply’’. SA 193. Mr. LEE (for Mr. PAUL) pro- (8) During the 2015 NPT Review Con- posed an amendment to the joint reso- States Armed Forces from hostilities in the Republic of Yemen that have not ference, Secretary of State John Kerry em- lution S.J. Res. 7, to direct the removal phasized that the ‘‘United States is working of United States Armed Forces from been authorized by Congress; which to bring the Additional Protocol into force hostilities in the Republic of Yemen was ordered to lie on the table; as fol- globally and to make it the global standard that have not been authorized by Con- lows: for safeguards compliance’’. gress; as follows: At the end, add the following: (9) During the 2018 IAEA General Con- ference, Secretary of Energy Rick Perry de- At the end, add the following: SEC. 6. REQUIREMENT FOR INTERNATIONAL ATOMIC ENERGY AGENCY ADDI- livered a letter on behalf of President Donald SEC. 6. RULE OF CONSTRUCTION REGARDING NO TIONAL PROTOCOL AS CONDITION J. Trump, announcing that the United States AUTHORIZATION FOR USE OF MILI- OF ENTERING INTO CIVILIAN NU- TARY FORCE. ‘‘will continue promoting high standards of CLEAR COOPERATION AGREEMENT safety, security, safeguards, and non- Consistent with section 8(a)(1) of the War WITH THE UNITED STATES PURSU- Powers Resolution (50 U.S.C. 1547(a)(1)), ANT TO SECTION 123 OF THE ATOM- proliferation, including an Additional Pro- nothing in this joint resolution may be con- IC ENERGY ACT OF 1954. tocol as the international standard, and call strued as authorizing the use of military (a) FINDINGS.—Congress makes the fol- on other nations to do the same’’. force. lowing findings: (10) At the same conference, Assistant Sec- (1) In 1971, the International Atomic En- retary of State for International Security SA 194. Mr. LEE (for Mr. INHOFE (for ergy Agency (IAEA) established the Com- and Nonproliferation Christopher Ashley himself and Mr. CORNYN)) proposed an prehensive Safeguards Agreement (CSA), Ford stressed that the Additional Protocol amendment to the joint resolution S.J. which non-nuclear weapons states party to ‘‘should be universalized, and all supplier the Treaty on the Non-Proliferation of Nu- states should make adherence to the AP by Res. 7, to direct the removal of United recipient states a condition for nuclear sup- States Armed Forces from hostilities clear Weapons, signed at Washington July 1, 1968 (commonly known as the ‘‘NPT’’), are ply’’. in the Republic of Yemen that have not obligated to bring into force to verify com- (11) As of December 2018, 134 states have been authorized by Congress; as fol- pliance with their nonproliferation obliga- brought in force the Additional Protocol lows: tions under the treaty. with the IAEA while another 16 states have On page 5, line 7, insert after ‘‘associated (2) In 1997, the International Atomic En- signed the Additional Protocol but have yet forces’’ the following: ‘‘or operations to sup- ergy Agency (IAEA) established the model to bring it into force. port efforts to defend against ballistic mis- Additional Protocol to CSAs, which grants (12) The Kingdom of Saudi Arabia has not sile, cruise missile, and unmanned aerial ve- the IAEA expanded rights of access to infor- brought into force an Additional Protocol. It hicle threats to civilian population centers mation and sites related to a state’s peaceful currently has a Small Quantities Protocol in coalition countries, including locations nuclear program. (SQP) with the IAEA, a safeguards agree- where citizens and nationals of the United (3) The IAEA and international non- ment that suspends the application of many States reside’’. proliferation community established the Ad- provisions of a CSA for countries with mini- ditional Protocol as a response to major mal nuclear material and activities on its SA 195. Mr. LEE (for Mr. RUBIO (for shocks to the nonproliferation regime, most territory or under its jurisdiction. himself and Mr. CORNYN)) proposed an notably revelations that the IAEA’s existing (13) The Kingdom of Saudi Arabia has ex- amendment to the joint resolution S.J. safeguards system had failed to detect the pressed its intent to build an extensive civil- Government of Iraq’s covert, undeclared nu- ian nuclear program, including two large- Res. 7, to direct the removal of United scale nuclear power reactors and multiple States Armed Forces from hostilities clear program for non-peaceful purposes prior to the 1991 Persian Gulf War. small modular reactors. in the Republic of Yemen that have not (4) The Additional Protocol strengthens (14) The Kingdom of Saudi Arabia will no been authorized by Congress; as fol- the IAEA’s ability not only to verify the longer be eligible for a SQP and will be obli- lows: non-diversion of declared nuclear material gated to implement a CSA with the IAEA Insert after section 3 the following new but also to provide assurances as to the ab- without exemptions if it either has nuclear section: sence of undeclared nuclear material activi- material in quantities exceeding minimal SEC. 4. RULE OF CONSTRUCTION REGARDING IN- ties in a state by— limits or constructs nuclear facilities on its TELLIGENCE SHARING. (A) applying IAEA safeguards to a state’s territory or under its jurisdiction, including Nothing in this joint resolution may be entire nuclear program, including uranium a nuclear reactor. construed to influence or disrupt any intel- mining and milling sites, fuel fabrication, (b) SENSE OF CONGRESS.—It is the sense of ligence, counterintelligence, or investigative enrichment, and nuclear waste sites, as well Congress that— activities relating to threats in or ema- as to any other location where nuclear is or (1) the Additional Protocol represents the nating from Yemen conducted by, or in con- may be present; international safeguards standard; junction with, the United States Govern- (B) expanding the amount and type of in- (2) Saudi Arabia should, at a minimum, ment involving— formation a state is obligated to report to bring into force an Additional Protocol with (1) the collection of intelligence; the IAEA regarding its nuclear program and the IAEA as a requirement under any nu- (2) the analysis of intelligence; or related activities; clear cooperation agreement with the United (3) the sharing of intelligence between the (C) expanding the IAEA’s inspection access States made pursuant to section 123 of the United States and any coalition partner if at declared—and undeclared—locations to Atomic Energy Act of 1954 (42 U.S.C. 2153); the President determines such sharing is ap- verify the absence of undeclared material or and propriate and in the national security inter- to resolve questions or inconsistencies in the (3) any future civilian nuclear cooperation ests of the United States. information a state has provided about its agreement with other nations pursuant to nuclear activities; and section 123 of the Atomic Energy Act of 1954 SA 196. Mr. MERKLEY submitted an (D) specifying the IAEA’s right to use addi- (42 U.S.C. 2153) should require that the pro- amendment intended to be proposed by tional safeguards methods and equipment, posed recipient has in force an Additional him to the joint resolution S.J. Res. 7, including environmental sampling at both Protocol to its safeguards agreement with the IAEA. to direct the removal of United States declared and undeclared sites. (5) Universalizing the Additional Protocol (c) REQUIREMENTS FOR CIVIL NUCLEAR CO- Armed Forces from hostilities in the OPERATION AGREEMENTS WITH OTHER NA- Republic of Yemen that have not been and establishing it as the international standard for IAEA safeguards has been a bi- TIONS.—Section 123a. of the Atomic Energy authorized by Congress; which was or- partisan objective of United States non- Act of 1954 (42 U.S.C. 2153(a)) is amended— dered to lie on the table; as follows: proliferation policy since the Additional (1) in paragraph (8), by striking ‘‘; and’’ and On page 5, line 5, insert after ‘‘Yemen’’ the Protocol’s adoption. inserting a semicolon; following: ‘‘, including by blocking any arms (6) During the 2000 NPT Review Conference (2) in paragraph (9), by striking the period sales to Saudi Arabia for any item des- at the United Nations, Secretary of State at the end and inserting ‘‘; and’’; and ignated as a Category III, IV, VII, or VIII Madeleine K. Albright endorsed the ‘‘IAEA’s (3) by inserting after paragraph (9) the fol- item on the United States Munitions List new strengthened safeguards to deter and de- lowing new paragraph: (USML) pursuant to section 38(a)(1) of the tect cheating’’ and urged ‘‘all states to adopt ‘‘(10) the cooperating party has in force an Arms Export Control Act (22 U.S.C. them’’. Additional Protocol to its safeguards agree- 2778(a)(1)) as long as Saudi Arabia continues (7) During the 2005 NPT Review Conference ment with the IAEA.’’. to use such weapons in the civil war in the at the United Nations, Assistant Secretary Republic of Yemen’’. of State for Arms Control Stephen G. SA 198. Mr. VAN HOLLEN submitted Rademaker stated that President George W. an amendment intended to be proposed SA 197. Mr. VAN HOLLEN submitted Bush’s nonproliferation policy included by him to the joint resolution S.J. Res. an amendment intended to be proposed ‘‘universalizing adherence to the Additional 7, to direct the removal of United

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.050 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE S1852 CONGRESSIONAL RECORD — SENATE March 13, 2019 States Armed Forces from hostilities SEC. 6. IMPOSITION OF SANCTIONS WITH RE- (3) UNITED STATES PERSON.—The term in the Republic of Yemen that have not SPECT TO PERSONS RESPONSIBLE ‘‘United States person’’ means— FOR KILLING OF JAMAL been authorized by Congress; which (A) a United States citizen or an alien law- KHASHOGGI. fully admitted for permanent residence to was ordered to lie on the table; as fol- (a) IN GENERAL.—On and after the date of the United States; or the enactment of this Act, the President lows: (B) an entity organized under the laws of shall impose the sanctions described in sub- At the end, add the following: the United States or any jurisdiction within section (b) with respect to any foreign person SEC. 6. VISA RESTRICTIONS FOR CERTAIN the United States, including a foreign branch the Director of the Central Intelligence ALIENS. of such an entity. Agency assesses, with high confidence, be- (a) IN GENERAL.—The Secretary shall im- pose the visa restrictions described in sub- fore, on, or after such date of enactment, is f section (c) on any alien who the Secretary responsible for, or complicit in ordering, determines is responsible for, or complicit controlling, or otherwise directing, the AUTHORITY FOR COMMITTEES TO in, ordering, controlling, or otherwise direct- extrajudicial killing of Jamal Khashoggi. MEET (b) SANCTIONS DESCRIBED.—The sanctions ing the unlawful detention of a United to be imposed under subsection (a) with re- Mr. BLUNT. Mr. President, I have 9 States citizen in Saudi Arabia. spect to a foreign person are the following: requests for committees to meet during (b) REMOVAL FROM VISA RESTRICTION (1) BLOCKING OF PROPERTY.— LIST.—The Secretary may issue a visa to an today’s session of the Senate. They (A) IN GENERAL.—The blocking, in accord- alien described in subsection (a) if the Sec- have the approval of the Majority and ance with the International Emergency Eco- retary— Minority leaders. nomic Powers Act (50 U.S.C. 1701 et seq.), of (1) determines that such alien has afforded Pursuant to rule XXVI, paragraph all transactions in all property and interests due process to the applicable United States in property of the foreign person if such 5(a), of the Standing Rules of the Sen- citizen; and property and interests in property are in the ate, the following committees are au- (2) submits to the appropriate committees United States, come within the United thorized to meet during today’s session of Congress a report that contains a jus- States, or are or come within the possession tification for such determination. of the Senate: or control of a United States person. (c) VISA RESTRICTIONS DESCRIBED.—Subject COMMITTEE ON AGRICULTURE, NUTRITION, AND (B) INAPPLICABILITY OF NATIONAL EMER- to subsection (b)— FORESTRY GENCY REQUIREMENT.—The requirements of (1) an alien described in subsection (a)— The Committee on Agriculture, Nu- section 202 of the International Emergency (A) is inadmissible to the United States; Economic Powers Act (50 U.S.C. 1701) shall trition, and Forestry is authorized to and not apply for purposes of this subsection. meet during the session of the Senate (B) is ineligible to receive a visa or other (2) INADMISSIBILITY TO UNITED STATES.—In on Wednesday, March 13, 2019, at 10 documentation authorizing entry into the the case of a foreign person who is an indi- United States; and a.m., to conduct a hearing on the nomi- vidual— (2) in the case of an alien described in sub- nation of Heath P. Tarbert, of Mary- (A) ineligibility to receive a visa to enter section (a) who is in possession of a valid land, to be Chairman, and to be a Com- the United States or to be admitted to the visa or other documentation authorizing missioner of the Commodity Futures United States; or entry into the United States, the Secretary Trading Commission. (B) if the individual has been issued a visa shall revoke such visa or other documenta- or other documentation, revocation, in ac- COMMITTEE ON COMMERCE, SCIENCE, AND tion under section 221(i) of the Immigration cordance with section 221(i) of the Immigra- TRANSPORTATION and Nationality Act (8 U.S.C. 1201(i)). tion and Nationality Act (8 U.S.C. 1201(i)), of The Committee on Commerce, (d) PUBLIC AVAILABILITY OF INFORMATION.— the visa or other documentation. Notwithstanding section 222(f) of the Immi- Science, and Transportation is author- (c) EXCEPTIONS.— gration and Nationality Act (8 U.S.C. 1202(f)), ized to meet during the session of the (1) IMPORTATION OF GOODS.—The require- the Secretary shall publish in the Federal Senate on Wednesday, March 13, 2019, ment to impose sanctions under subsection Register— (b)(1) shall not include the authority to im- at 10 a.m., to conduct a hearing enti- (1) the name of any alien to whom a visa pose sanctions with respect to the importa- tled ‘‘The New Space Race: Ensuring restriction under subsection (a) applies; and tion of goods. U.S. global leadership on the final fron- (2) any report submitted to the appropriate (2) COMPLIANCE WITH INTERNATIONAL OBLI- tier.’’ committees of Congress under subsection GATIONS.—Subsection (b)(2) shall not apply (b)(2). COMMITTEE ON ENVIRONMENT AND PUBLIC with respect to the admission of an alien to (e) DEFINITIONS.—In this section: WORKS the United States if such admission is nec- (1) ALIEN.—The term ‘‘alien’’ has the The Committee on Environment and essary to comply with United States obliga- meaning given the term in section 101(a) of tions under the Agreement between the Public Works is authorized to meet the Immigration and Nationality Act (8 United Nations and the United States of during the session of the Senate on U.S.C. 1101(a)). America regarding the Headquarters of the Wednesday, March 13, 2019, at 10 a.m., (2) APPROPRIATE COMMITTEES OF CON- United Nations, signed at Lake Success June to conduct a hearing. GRESS.—The term ‘‘appropriate committees 26, 1947, and entered into force November 21, of Congress’’ means— COMMITTEE ON FOREIGN RELATIONS 1947, under the Convention on Consular Rela- (A) the Committee on Appropriations, the The Committee on Foreign Relations tions, done at Vienna April 24, 1963, and en- Committee on Banking, Housing, and Urban tered into force March 19, 1967, or under is authorized to meet during the ses- Affairs, the Committee on Foreign Rela- other international agreements. sion of the Senate on Wednesday, tions, and the Committee on the Judiciary of (d) IMPLEMENTATION; PENALTIES.— March 13, 2019, at 10.15 a.m., to conduct the Senate; and (1) IMPLEMENTATION.—The President may a hearing entitled, ‘‘A new approach (B) the Committee on Appropriations, the exercise all authorities provided under sec- Committee on Financial Services, the Com- for an era of United States-China com- tions 203 and 205 of the International Emer- petition.’’ mittee on Foreign Affairs, and the Com- gency Economic Powers Act (50 U.S.C. 1702 COMMITTEE ON THE JUDICIARY mittee on the Judiciary of the House of Rep- and 1704) to carry out this section. resentatives. (2) PENALTIES.—A person that violates, at- The Committee on the Judiciary is (3) SECRETARY.—The term ‘‘Secretary’’ tempts to violate, conspires to violate, or authorized to meet during the session means the Secretary of State. causes a violation of subsection (b)(1) or any of the Senate on Wednesday, March 13, (4) UNLAWFUL DETENTION.—The term ‘‘un- regulation, license, or order issued to carry 2019, at 10 a.m., to conduct a hearing on lawful detention’’ means arbitrary arrest or out that subsection shall be subject to the imprisonment without a public charge or the nomination of Daniel P. Collins, penalties set forth in subsections (b) and (c) and Kenneth Kiyul Lee, both of Cali- trial. of section 206 of the International Emer- gency Economic Powers Act (50 U.S.C. 1705) fornia, both to be a United States Cir- SA 199. Mr. VAN HOLLEN submitted to the same extent as a person that commits cuit Judge for the Ninth Circuit. an amendment intended to be proposed an unlawful act described in subsection (a) of COMMITTEE ON SMALL BUSINESS AND by him to the joint resolution S.J. Res. that section. ENTREPRENEURSHIP 7, to direct the removal of United (e) DEFINITIONS.—In this section: The Committee on Small Business States Armed Forces from hostilities (1) ADMITTED; ALIEN.—The terms ‘‘admit- and Entrepreneurship is authorized to in the Republic of Yemen that have not ted’’ and ‘‘alien’’ have the meanings given meet during the session of the Senate been authorized by Congress; which those terms in section 101 of the Immigra- tion and Nationality Act (8 U.S.C. 1101). on Wednesday, March 13, 2019, at 2:30 was ordered to lie on the table; as fol- (2) FOREIGN PERSON.—The term ‘‘foreign p.m., to conduct a hearing entitled lows: person’’ means a person that is not a United ‘‘Cyber Crime: An existential threat to At the end, add the following: States person. small business.’’

VerDate Sep 11 2014 03:23 Mar 14, 2019 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A13MR6.055 S13MRPT1 SSpencer on DSKBBXCHB2PROD with SENATE March 13, 2019 CONGRESSIONAL RECORD — SENATE S1853 COMMITTEE ON VETERANS’ AFFAIRS proceed to the consideration of S. Res. The bills will be read for the second The Committee on Veterans’ Affairs 108, submitted earlier today. time on the next legislative day. is authorized to meet during the ses- The PRESIDING OFFICER. The sion of the Senate on Wednesday, clerk will report the resolution by f March 13, 2019, at a time to be deter- title. mined, to conduct a hearing on John The bill clerk read as follows: ORDERS FOR THURSDAY, MARCH Lowry III, of Illinois, to be Assistant A resolution (S. Res. 108) honoring the life, 14, 2019 Secretary of Labor for Veterans’ Em- accomplishments, and legacy of Representa- Mr. SULLIVAN. Mr. President, I ask ployment and Training. tive Walter Beamon Jones, Jr. unanimous consent that when the Sen- SUBCOMMITTEE ON SEAPOWER There being no objection, the Senate ate completes its business today, it ad- The Subcommittee on Seapower of proceeded to consider the resolution. journ until 10 a.m., Thursday, March the Committee on Armed Services is Mr. SULLIVAN. I ask unanimous 14; further, that following the prayer authorized to meet during the session consent that the resolution be agreed and pledge, the morning hour be of the Senate on Wednesday, March 13, to, the preamble be agreed to, and the deemed expired, the Journal of pro- 2019, at 10:30 a.m., to conduct a hearing. motions to reconsider be considered ceedings be approved to date, the time SUBCOMMITTEE ON COMMUNICATION, made and laid upon the table with no for the two leaders be reserved for their TECHNOLOGY, INNOVATION, AND THE INTERNET intervening action or debate. use later in the day, morning business The Subcommittee on Communica- The PRESIDING OFFICER. Without be closed; that the Armed Services tion, Technology, Innovation, and The objection, it is so ordered. Committee be discharged from further Internet of the Committee on the Judi- The resolution (S. Res. 108) was ciary is authorized to meet during the consideration of H.J. Res. 46, and the agreed to. Senate proceed to its immediate con- session of the Senate on Wednesday, The preamble was agreed to. sideration; further, that no amend- March 13, 2019, at 2:30 p.m., to conduct (The resolution, with its preamble, is ments be in order to the joint resolu- a hearing entitled ‘‘Oversight of the printed in today’s RECORD under ‘‘Sub- tion. United States Patent and Trademark mitted Resolutions.’’) office.’’ The PRESIDING OFFICER. Without f objection, it is so ordered. f MEASURES READ THE FIRST TIME PRIVILEGES OF THE FLOOR EN BLOC—H.R. 1 and H.R. 1617 f Mr. SANDERS. Mr. President, I ask Mr. SULLIVAN. Mr. President, I un- ADJOURNMENT UNTIL 10 A.M. unanimous consent that Mike Lawliss derstand that there are two bills at the TOMORROW from my office be granted floor privi- desk, and I ask for their first reading leges for the remainder of the day on en bloc. Mr. SULLIVAN. If there is no further S.J. Res. 7. The PRESIDING OFFICER. The business to come before the Senate, I The PRESIDING OFFICER. Without clerk will read the titles of the bills for ask unanimous consent that it stand objection, it is so ordered. the first time. adjourned under the previous order. Mr. MENENDEZ. Mr. President, I ask The bill clerk read as follows: There being no objection, the Senate, unanimous consent that Brandon Ja- A bill (H.R. 1) to expand Americans’ access at 7:07 p.m., adjourned until Thursday, cobsen, a fellow from the U.S. Office of to the ballot box, reduce the influence of big March 14, 2019, at 10 a.m. Personnel Management, be granted money in politics, and strengthen ethics floor privileges while he serves on the rules for public servants, and for other pur- f Senate Committee on Foreign Rela- poses. tions through August 15, 2019. A bill (H.R. 1617) to direct the Director of CONFIRMATIONS The PRESIDING OFFICER. Without National Intelligence to submit intelligence objection, it is so ordered. assessments of the intentions of the political Executive nominations confirmed by leadership of the Russian Federation, and for the Senate March 13, 2019: f other purposes. DEPARTMENT OF LABOR HONORING THE LIFE, ACCOM- Mr. SULLIVAN. I now ask for their WILLIAM BEACH, OF KANSAS, TO BE COMMISSIONER OF PLISHMENTS, AND LEGACY OF second reading, and in order to place LABOR STATISTICS, DEPARTMENT OF LABOR, FOR A TERM OF FOUR YEARS. REPRESENTATIVE WALTER the bills on the calendar, I object to THE JUDICIARY BEAMON JONES, JR. my own request, all en bloc. The PRESIDING OFFICER. Objec- NEOMI J. RAO, OF THE DISTRICT OF COLUMBIA, TO BE Mr. SULLIVAN. Mr. President, I ask UNITED STATES CIRCUIT JUDGE FOR THE DISTRICT OF unanimous consent that the Senate tion has been heard. COLUMBIA CIRCUIT.

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