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

Vol. 164 WASHINGTON, THURSDAY, NOVEMBER 29, 2018 No. 188 Senate The Senate met at 10 a.m. and was TRIBUTE TO DEAN HELLER Another time, he took a call from called to order by the President pro Mr. MCCONNELL. Now, on an en- President Trump and talked business tempore (Mr. HATCH). tirely different matter, I am sorry to right there in the aisle of a home im- f say it is time to begin offering thanks provement store. Something about this image seems just right—not talking, PRAYER and farewells to Members whose Senate service will conclude at the end of the not posturing, doing. That is DEAN The Chaplain, Dr. Barry C. Black, of- 115th Congress. HELLER; isn’t it? fered the following prayer: Today, I would like to begin with our He didn’t come to Washington to Let us pray. friend, the senior Senator from Nevada. court praise for lofty rhetoric or to be- Lord, through all generations You It doesn’t feel like much of an exag- come a TV star. He came here to do. In have been the source of our hope and geration to say that DEAN HELLER may just 7 years, DEAN has authored or strength. We are astounded by the maj- have been destined for public service. I helped to introduce 100 pieces of legis- esty of Your sovereignty, for a thou- don’t just mean his eagerness to serve lation that are now law. sand years for You are like a few hours. or his outgoing personality. There were Perhaps first and foremost, he has Today, inspire our lawmakers to think other signs. For example, one of the built a reputation as one of the Sen- Your thoughts and follow Your pre- stops on his childhood paper route in ate’s chief advocates for our veterans. cepts, seeking always to be receptive to Carson City was the Governor’s man- DEAN shares his home State with more Your guidance. May they strive to sion itself. Talk about early civic in- than 200,000 men and women who have reach agreement on critical issues volvement. served our Nation, including one he rather than simply to win debates. As At every step of the way, from suc- calls ‘‘Dad.’’ they march to the drumbeat of Your cessful businessman to his local and Keeping the promise of top-notch VA leading, strengthen them with Your statewide races, all the way here to the services across Nevada’s widespread powerful presence. May they trust You Capitol, DEAN earned the respect of his rural communities is no small task. to bring unity within their diversity. neighbors and constituents by fol- The facilities in Reno, in particular, We pray in Your great Name. Amen. lowing the hard-working example set weren’t always up to the job, but day f by his parents. His mother worked as a in and day out, DEAN has made it his PLEDGE OF ALLEGIANCE cook in a school cafeteria. His father mission to right the ship. As a member was an auto mechanic who raced stock of the Veterans’ Affairs Committee, he The President pro tempore led the has fought to expand access to care, Pledge of Allegiance, as follows: cars on the side. Their son grew up to be the only sitting Senator I would contributing key provisions to the VA I pledge allegiance to the Flag of the trust to replace my transmission. MISSION Act and spearheading the United States of America, and to the Repub- 21st Century Veterans Benefits Deliv- lic for which it stands, one nation under God, When most politicians use phrases indivisible, with liberty and justice for all. like ‘‘rolling up their sleeves’’ and ery Act. It is a legacy that is already ‘‘getting their hands dirty,’’ they are making a difference for our veterans. f usually referring to things like late- But these are hardly the only vic- RECOGNITION OF THE MAJORITY night negotiating or taking tough tories DEAN won for Nevada and for our LEADER votes—in other words, more talking. Nation. He came to the Senate in 2011, The PRESIDING OFFICER (Mrs. Not DEAN HELLER, he means it lit- representing a State that had been hit HYDE-SMITH). The majority leader is erally. As DEAN likes to say, here in hard by the great recession and was recognized. Washington, during the week, he works trying hard to regain its footing. Ne- f for the people of Nevada, but at home, vada communities faced ballooning on the weekends, there he works for his foreclosure rates and persistent unem- BUSINESS BEFORE THE SENATE wife Lynne on the ranch they keep up ployment. Fortunately, their new Sen- Mr. MCCONNELL. Madam President, together. ator was intent on hooking up the eco- this week, the Senate has taken impor- But let it not be said that even in the nomic jumper cables and getting things tant steps to fulfill our advise-and-con- midst of hard labor, DEAN isn’t capable humming once more. sent responsibility on the President’s of multitasking. After all, sometimes DEAN has seized opportunities to nominees. We have ended unnecessary official duties just can’t wait. I have it champion an economic agenda that delays that kept well-qualified individ- on good authority that on one occasion puts workers and job creators back in uals from filling important posts at the Dean had to field a surprise phone call the driver’s seat. He was a driving force Departments of Agriculture and Com- from President Obama on his cell while behind the once-in-a-generation tax re- merce and confirmed both of them. standing right in the middle of a ditch. form passed last December to put more

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

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VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.000 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7198 CONGRESSIONAL RECORD — SENATE November 29, 2018 money in the pockets of working fami- much heart and this much talent, any Mr. Farr was also the lead lawyer in lies. It is pouring a new 21st century departure would feel premature. This defense of North Carolina’s insidious foundation for American businesses to one certainly does, but I doubt DEAN voter ID law, which the Supreme Court compete, win, and create more jobs will have trouble finding good uses for ruled ‘‘targeted African Americans right here at home. a little more spare time. I know he and with almost surgical precision’’—tar- Today, Nevada is doing better, our Lynne must be looking forward to sad- geted African Americans with almost Nation is flourishing, and DEAN HELLER dling up their horses and setting out surgical precision. was there every step of the way. He was for the Sierras a little more often than North Carolina’s Republicans de- especially instrumental in making sure they have been able to lately, and I signed the law after asking for and re- that tax reform increased the child tax hear he could use a little bit of re- ceiving data sorted by race on voting credit. DEAN knew that working par- hearsal time before he leads the Heller practices. Mr. Farr not only defended ents need that money more than the family band through its repertoire of the law, he described the voting re- IRS does. Christmas carols this year—lead trom- strictions, which forbade the use of Nevada veterans, Nevada workers, bone. Lead trombone is no laughing government employee IDs, student IDs, Nevada families—DEAN never lost sight matter. Maybe he will even find time and IDs used for public assistance, as of the reason he came here to Wash- to get back in the driver’s seat for a ‘‘a minor inconvenience.’’ ington. He has been a happy warrior race or two. That is only Mr. Farr’s recent his- here in the trenches, with a ready grin So whatever it is that DEAN does tory involving voting suppression. If and an iron determination to do right next—whatever it is—he should take we go back and look at the campaign of by his friends and his neighbors. with him great pride in all he has ac- Senator Jesse Helms in 1990, Mr. Farr I also have it on good authority that complished here in a policy legacy that represented the Helms campaign and seeing DEAN in action back home in his will continue lifting up our Nation’s defended it against accusations that it natural habitat is truly a sight to be- veterans, workers, and middle-class sent over 120,000 postcards, almost ex- hold. His joy at every conversation and families literally for years and years to clusively to Black voters, that falsely every handshake around Carson City come, and the sincere best wishes of warned them they could be charged are palpable. Nevadans are DEAN’s peo- the friends he has made here in this with a crime if they tried to vote— ple. They always have been, and he has Chamber for health, happiness, and falsely—falsely warned them. The always been theirs too. every future success for himself, for mailers were sent after statistics According to some of the staff who Lynne, and for their entire lovely fam- emerged that African-American reg- travel around the State with him, it is ily. istration was outpacing White voter practically impossible to make any I suggest the absence of a quorum. registration. brief stops anywhere. At a fast-food The PRESIDING OFFICER. The The sordid history of Mr. Farr’s ef- restaurant, or a sporting goods store, clerk will call the roll. forts to suppress voting goes back even The senior assistant legislative clerk or even a gas station, DEAN would in- further. Mr. Farr was a member of Sen- proceeded to call the roll. ator Jesse Helms’ 1984 campaign. In evitably run into friends and set about Mr. SCHUMER. Madam President, I that campaign, he wasn’t merely a swapping stories or Carson City inside ask unanimous consent that the order jokes. On the rare occasions when for the quorum call be rescinded. hired gun; he was a close legal asso- DEAN didn’t know the proprietor or fel- The PRESIDING OFFICER. Without ciate of Senator Helms, a man David low customers—no trouble, no trou- objection, it is so ordered. Broder of the Washington Post called ble—he would have a room full of new ‘‘the last prominent unabashed White f friends in about 3 minutes flat. racist politician in this country.’’ I am told it never got old for the peo- RECOGNITION OF THE MINORITY In that 1984 campaign, according to ple around DEAN to witness the energy LEADER memoranda by the Voting Rights sec- he drew from his friends, neighbors, The PRESIDING OFFICER. The tion of the Department of Justice, Mr. and constituents. He was delighted to Democratic leader is recognized. Farr was involved in the so-called ‘‘bal- be one of them and honored to be their f lot security’’ program run by the employee—‘‘a man of the people’’—not Helms campaign and the North Caro- a cliche, in this case, a reality. NOMINATION OF THOMAS FARR lina Republican Party. The so-called You don’t need to take my word for Mr. SCHUMER. Madam President, ballot security program included send- it. I hear there is objective evidence later this afternoon, the Senate is ing postcards to minority voters in an out there, photographs from the Ne- scheduled to vote on the confirmation effort to suppress voting. vada Day Parade in Carson City. Suf- of Mr. Thomas Farr for the Eastern In 2006, Mr. Farr’s association with fice it to say it takes a certain kind of District of North Carolina. I have made these noxious voter suppression at- person to steal the show, riding horse- my opposition to this nominee clear on tempts by Helms’ campaign was back, dressed head to toe in full west- a daily basis, but allow me to remind enough to deny him confirmation to ern regalia, something like John my colleagues, to recap, before this this very seat. In the intervening Wayne. It is no wonder his grandkids— vote just what we are dealing with years, he has not repented or even Brielle, Zachary, and Ava—know him here. We are being asked to confirm moved on to different issues. He is still as ‘‘Duke.’’ the go-to guy in North Carolina if you defending attempts to disenfranchise Now, his boss, Lynne, might very need a lawyer to defend voter suppres- African-American voters. well have put him up to it. I hear she sion. Some might think that is hyper- I am not from North Carolina, but if rides right there alongside him. But bolic, but I sincerely ask my colleagues I were, I would be embarrassed to have DEAN is no newcomer to the parade. In not to go for hyperbole but to look at this man nominated and placed on the fact, it is the very same parade he the evidence. Federal bench. It takes but an ounce of marched in as a Scout years ago. Mr. Farr was the lead lawyer in de- principle to say: No, I am not defending If you read that story in a book, you fending North Carolina’s discrimina- discrimination and voter suppression. would think it was almost too earnest tory congressional maps drawn by the Yet, time and time and time again, not and too all-American to be true, but State’s Republicans, which were struck just 1984, not just 1990 but 2013 and 2015, that is DEAN HELLER. He is the paper down by the Supreme Court as uncon- Mr. Thomas Farr has stepped up to the boy who started out delivering the stitutional. This is a very conservative plate to represent and defend voter headlines and wound up making the Supreme Court, which has been mostly suppression in a court of law, and we headlines, the Senator who still saddles unsympathetic to arguments of dis- are being asked to reward him—reward up for the same parade from his child- enfranchisement—as evidenced by the him for these activities—with a life- hood memories, one of Nevada’s favor- Shelby County case—but in this in- time appointment as a Federal judge in ite sons and a dedicated servant of the stance, they could not help but over- a district that is 27 percent African entire Silver State. turn the map for racial discrimination, American, where he will have the DEAN’s colleagues are really sorry to despite the evidence provided by Mr. power to make decisions on voting see him go. For a leader with this Farr. rights and civil rights for a generation.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.002 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7199 I prevail upon the conscience of my counsel because there is no way Presi- I have heard people talk about the Republican colleagues, who I know dent Trump will interfere with the in- humanitarian crisis at the border there want to be fair to this man, look at the vestigation is flatout absurd. at Tijuana caused by this huge caravan body of evidence impartially. There is I once again call on my friend the of Central Americans who want to simply a preponderance of evidence majority leader to schedule a vote on storm the barriers and enter the that Mr. Farr was involved, often inti- the bipartisan bill to protect the spe- United States illegally, and people mately, in decades of voter suppression cial counsel. If he continues to refuse, question why would we stop them, why in North Carolina. The standard for we will push for the bill in the yearend would they use nonlethal means like this vote is not whether or how Mr. spending agreement. tear gas and pepper spray like Presi- Farr should be punished or excoriated I yield the floor. dent Obama did during his administra- for what he did but a much higher one: tion and which now Customs and Bor- f whether a man with this history de- der Protection is doing again in order serves to be elevated to a lifetime ap- RESERVATION OF LEADER TIME to protect the sovereignty of our coun- pointment on the Federal bench. The PRESIDING OFFICER. Under try and to protect our borders from those who would enter it illegally. Whether you are Republican or the previous order, the leadership time So let’s not look at this through a Democratic, a liberal or conservative, is reserved. that has to be—has to be—disquali- soda straw. Let’s open up the aperture fying for a seat on the Federal bench. f and look at the larger problem because f CONCLUSION OF MORNING it is a very serious problem, and it af- BUSINESS fects many lives, both here, in Mexico, SPECIAL COUNSEL INVESTIGATION and in Central America. Mr. SCHUMER. Madam President, The PRESIDING OFFICER. Morning Our Democratic colleagues have of- now, on another matter, the special business is closed. fered a lot of criticism of the Trump counsel investigation. f administration when it comes to bor- To date, the special counsel’s inves- der security, but anytime you ask tigation has produced no less than 35 EXECUTIVE SESSION them, well, what is your solution, what indictments or plea deals—35—and that are you offering as an alternative, it is does not include two additional guilty crickets—complete silence. In other pleas of people initially investigated by EXECUTIVE CALENDAR words, they are not offering any con- Mueller but were handed off to other The PRESIDING OFFICER. Under structive solutions, just criticism. Our branches of the Justice Department. the previous order, the Senate will pro- constituents deserve more than just for Just this morning, Michael Cohen ceed to executive session and resume us to criticize one another. They de- has pled guilty to lying to Congress consideration of the following nomina- serve our working together to try to about projects in Russia. tion, which the clerk will report: come up with solutions. It is a reminder that there has been a The senior assistant legislative clerk read This is a crisis that has arisen as a remarkable volume of criminal activ- the nomination of Thomas Alvin Farr, of result of our inability to acknowledge ity uncovered by the special counsel’s North Carolina, to be United States District that this is a failure to enforce our im- investigation. No one, especially not Judge for the Eastern District of North Caro- migration laws, a failure to fix our bro- the President, can credibly claim that lina. ken immigration system, and a failure the investigation is a fishing expedi- The PRESIDING OFFICER. The ma- to secure our borders. tion. Calling Mueller’s investigation a jority whip. Coming from Texas, representing 28 witch hunt is just a lie—plain and sim- BORDER SECURITY million constituents in a State which ple, a lie. has a 1,200-mile common border with Mr. CORNYN. Madam President, the The President’s actions clearly show Mexico, this affects my constituents in clock is ticking and the days are pass- he has a lot to hide, that he is afraid of my State directly. We are at ground ing us by, but we know we have a dead- the truth, and doesn’t want Mueller or zero, and I have tried my best to get line to meet on December 7, and if we anyone else to uncover it, but it hasn’t educated about the problem and poten- don’t meet that deadline, then there stopped the President from repeating tial solutions. My trips to the border, will be a lot of lives disrupted and a lot these lies. In fact, in recent days, talking to people in border commu- of people will say: There they go again. President Trump has escalated his at- nities who live and work in those com- Congress is unable to work together to tack on Special Counsel Mueller. Al- munities, talking to our heroic Border try to solve problems, just creating most daily, the President’s Twitter Patrol agents, and visiting our ports of feed is littered with baseless accusa- more distrust and undermining con- entry where millions and even billions tions about the investigation. Presi- fidence in our ability to actually do of dollars of commerce flow legally be- dent Trump retweeted an image of sev- our job to govern. tween the United States and Mexico— eral of his political opponents, includ- What I want to talk about specifi- that is important not only to our bor- ing Deputy Attorney General Rosen- cally is this fight over border funding der communities but to jobs in the stein, behind bars. Can you believe because that is what the deadline is on United States. that? The Deputy Attorney General be- December 7. Our Democratic friends The border communities that rely on hind bars? And this is the man—the have said: We are not going to fund the flow of legal commerce through our President—our Republican colleagues President Trump’s wall. On the other ports know that without border secu- refuse to call out against? hand, we see caravans of people coming rity, legitimate trade can easily be Just yesterday, President Trump said from Central America, coming through brought to a standstill. In fact, that is this about a potential pardon for Paul Mexico, closing down the ports of entry exactly what has happened at San Manafort, now accused of lying to pros- at the San Ysidro bridge between Ti- Ysidro, the port of entry between Ti- ecutors and violating his plea agree- juana and San Diego. What I fear is, we juana and San Diego. They had to shut ment. He said: have made a parody out of what the down the port of entry. So people I wouldn’t take it off the table. . . . Why problem is. We have thought about the whose jobs depend on those ports of would I take it off the table? challenge of border security and immi- entry and the trade and commerce that That is a pardon. gration in too small a way and not goes on between our countries, they Let’s not forget, President Trump given the complete picture of what the are the ones who are being hurt by the has already fired the Attorney General challenges really are. uncontrolled disruption of legal immi- and replaced him with a lackey with- I just have to believe that if we were gration. Any disruption of legitimate out Senate approval. The nominee’s willing to acknowledge the facts, that trade has an immediate impact on the only qualification seems to be that he we would be more inclined to work to- businesses and the employees and af- has a history of criticizing the special gether to solve the problem, and I feel fects the livelihoods of our border resi- counsel. like we are looking at these problems dents. So this idea that we don’t need to like we are looking through a soda An unsecured border creates avenues pass legislation to protect the special straw. for the entry of drug cartels and

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.004 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7200 CONGRESSIONAL RECORD — SENATE November 29, 2018 transnational criminal gangs to exploit the border. So it is a method of dis- work together to try to stop it. We because they are the same people who tracting the Border Patrol and law en- know that gangs control much of El are facilitating the passage of migrants forcement in order to exploit that vul- Salvador, and as a result, many Cen- from Central America to our borders. nerability for the purposes of bringing tral Americans have their lives and Those are the same people who are those drugs into the United States. safety threatened daily. It is no wonder transiting the heroin, 90 percent of When I want to learn more about they try to flee. which comes from Mexico, which con- what is happening at the border, I talk But the United States cannot bear tributes to our opioid crisis in the to my constituents in the Customs and the burden of this crisis alone. I believe United States. Border Protection business, such as the United States is the most generous As I mentioned before, last year the Chief Manny Padilla, who is the Chief country in the world when it comes to Centers for Disease Control estimates of the Rio Grande Valley Sector of the legal immigration. We have always 72,000 Americans died of a drug over- Border Patrol, and Border Patrol Chief considered ourselves a nation of immi- dose—about 50,000 of those from some Carla Provost. Customs and Border grants, but we are also a nation of form of opioid, either prescription Protection does all it can do with the laws, and we see what happens when drug, synthetic fentanyl, or heroin tools available to it to stop flows of il- the law is ignored and when Congress coming across the same borders these legal immigration and to stop illegal fails to fix the problem to the best of migrants are attempting to storm contraband, including drugs, from our ability. across. making it across the border, but they We have seen uncontrolled illegal im- The people who are organizing that, need our help. We basically have not migration. We see thousands of people as I said, are the same people. They are given them the tools they need in order banding together in caravans trying to the drug cartels that are getting rich to do the job we have asked them to do. storm our ports of entry into the coun- because we have not found a way to Shame on us. try, overrun our Customs and Border come together to fix our border, to re- We know the cartels are cunning. I Protection personnel. Until we deal form our laws, and come together to have seen produce that appears to be with this problem, new caravans will try to protect the people we represent watermelons or other vegetables that continue to arrive on a daily basis. In in the process. We know that the basically contain heroin or fentanyl or fact, they have. It is just now in the gangs, the cartels, and the some other illegal drug. The creativity news because it is so large. We have transnational criminal organizations of the cartels is amazing. I have seen had literally many caravans show up are ever evolving. They are always them put human beings, migrants, into on a daily basis, but that doesn’t make adapting. They spread terror, they prey the upholstery of a seat in a car so a lot of news. As I said, 400,000 people on the weak, and they have taken con- they are obscured or pack them into a were detained on the southwestern bor- trol of large swaths of Mexico and Cen- truck or put them in an 18-wheeler— der in 2017 alone. tral America. They are, as I have said unfortunately sometimes leaving them What is frustrating is that the tools before, commodity-agnostic—they to die as a result of exposure to heat we need to address these problems are don’t really care whether they are traf- and other conditions. We also know at hand and available to us. We can ficking children for sex or heroin that that these same organizations traffic begin to work together to fight these will cause an overdose in the United women and children through Central gang cartels and organizations and se- States or a migrant who just wants a America and enslave them, essentially, cure our border by partnering with the better life in the United States, be- here in the United States. They traffic governments of Central America and cause they do want a better life. The them for sex—again, to generate Mexico because our War on Drugs, our same people facilitate that for money. money because that is all they care effort to provide safety and security to On average, I have read that a mi- about. our constituents, is part of their war grant from Central America has to pay The operations of these cartels are too. It is a fact that border security about $8,000. You multiply that $8,000 increasingly sophisticated, and they doesn’t begin at our southern border; it times thousands and thousands. Last are always diversifying their income ends at our southern border. It starts year, in 2017, there were almost 400,000 streams to avoid detection and defeat in Central America and Mexico. migrants detained at our southwestern our efforts to stop it. They are stra- I know it is sometimes difficult to border. Just multiply that number by tegic about when and how they cross grasp the complexity of these prob- $8,000, and you get just a glimpse of the border, and they have developed lems, and that is why it is so tough to what we are talking about in the huge this strategy over many years. resolve them. There are social, polit- criminal enterprise. We are continuing To put it simply, they are taking ad- ical, historical, and moral aspects to to enrich these cartels and vantage of and exploiting our inability all of them. Many people and facets of transnational criminal organizations to deal with our porous border, and a our society are implicated. when we fail to do our job when it lot of innocent people are getting hurt Because of corruption and powerful comes to securing our border and fixing in the process. criminal organizations in Mexico and our broken immigration system. Again, this is about more than just Central America, a genuine rule of law This is more than just about whether funding President Trump’s border wall; is missing in many parts of these coun- President Trump gets his money for this is about our pulling back and look- tries, and it has been for a long time. the wall. As a matter of fact, many of ing at the complexity of this problem That is why it is so important for us to our Democratic colleagues voted in—I and using our very best efforts in order work together with these countries in think it was 2006 for the Secure Fence to stop it. But somehow it becomes Central America and with Mexico to Act, which called for 700 miles of se- trivialized over a fight over tactical in- help them stabilize their governments, cure fencing along the southwestern frastructure that our Democratic col- root out the corruption, and stop the border. So they have already voted for leagues have already voted for in the violence, which will benefit them and tactical infrastructure that is part of past under the Secure Fence Act. their economy, as well as the United the piece of the puzzle of securing our Well, the instability and violence States. These countries can in turn re- border; yet they stand intransigent created by the criminal organizations store the relationship between their against our effort to try to improve in Central America and Mexico over government, their law enforcement, border security now even though they the last few years are part of the strat- and their people. When their people have supported similar funding in the egy. Violence, unfortunately, is at an begin to see opportunity and safety in past. alltime high in Mexico. That is one of their home countries, making the long As I said, we know that the cartels the reasons President Lopez Obrador haul from Central America to the are very shrewd, adaptive, and are al- was elected. He said he wanted to de- United States becomes less of an im- ways evolving. They know that if they crease the violence in Mexico. I learned perative and less of a necessity for can tie up the Border Patrol with proc- recently that more people have died in them. They would probably be happier essing children and family units, those Mexico since 2007 than have died in the staying at home if they could do so same Border Patrol agents aren’t avail- wars in Afghanistan and Iraq com- safely and enjoy some modest pros- able to stop the drugs that come across bined. It is terrible, and we need to perity.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.005 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7201 We have already had some successes quest for border security measures, we Let me they tell you something else in partnering with our closest neighbor need to get to work and fix our broken a violation of human rights leads to: in the crisis; that is, the Government immigration system. I hope our friends radicalization. When you violate a of Mexico. I believe we can and should across the aisle are ready to leave their group of people, you mistreat them and continue to build on some of the things criticism behind and join us in solving abuse them; you leave them ripe for we have already put in place. the problem. radicalization—for a radical group to We have already partnered with Mex- UNANIMOUS CONSENT AGREEMENT—EXECUTIVE come in and basically pull them in and ico in recent years through programs CALENDAR say: We are the ones with the power, like the Merida Initiative to combat Madam President, on another mat- the weapons, and willingness to fight. drug trafficking, organized crime, and ter, I ask unanimous consent that the Join us to go after your oppressors. money laundering. order with respect to the vote on Exec- In fact, if you look at what is hap- We have directed funds toward utive Calendar No. 626 be vitiated; that pening in Yemen, much of it and the strengthening communities and em- notwithstanding rule XXII, it be in Houthis comes from years of abuses powering the Mexican criminal justice order to proceed to the nomination the against the Shia. It doesn’t justify the system and judicial system to combat week of December 3; and that if the radicalization, but it explains that, as the rampant culture of impunity. motion is agreed to, the Senate vote on it does what we have seen in Iraq and We have collaborated on intelligence confirmation with no intervening ac- in Syria. matters and cooperated on providing tion or debate. I further ask that if Here is one other thing that happens various forms of security. confirmed, the motion to reconsider be with human rights abuses. The abusers The Bureau of International Nar- considered made and laid upon the often get overthrown. Here is the prob- cotics Control and Law Enforcement table and that the President be notified lem. When an abusive government that Affairs continues to work to develop immediately of the Senate’s action. I violates human rights gets overthrown, programs to combat international nar- further ask unanimous consent that the people who take over hate us be- cotics and crime, especially in Central the pending cloture vote on the Kobes cause we have been supporting their America, but U.S. funding for this pro- nomination occur at 12 noon today. abusers. These are practical reasons gram in Mexico has stagnated. Why? The PRESIDING OFFICER. Is there why human rights matter. Because we somehow fixed the prob- objection? And there is a moral one. Perhaps in lem? No. It is because we have taken Without objection, it is so ordered. the ranking and order, that is the most our eye off the ball once again. Mr. CORNYN. Madam President, I important one—the moral one. It is be- Additional aid for these programs yield the floor. cause that is what makes us different would help not only improve drug The PRESIDING OFFICER. The Sen- from China and Russia and other coun- interdiction and train Mexican law en- ator from Florida. tries around the world. This is what forcement and judicial personnel, it YEMEN makes America different. In fact, I would help them help us work together Mr. RUBIO. Madam President, we would say that the murder of Mr. to combat the threats of these saw yesterday that the vote on the Khashoggi is more about us. When it transnational criminal organizations. Yemen War Powers Resolution has comes to our debate, it is about us. It We should begin to look at the effec- brought to light the broader issue of is not just about him. It is about us tiveness of these programs so we can our alliance with Saudi Arabia. This is and who we are and about whether we, take full advantage of the work they an issue that people have heard a lot as a nation, are prepared to excuse, do and make sure they are modernized about, obviously, in the last few weeks overlook, or sort of brush away this and are more efficient and more effec- with the murder of a journalist, and horrifying incident because somebody tive. the Yemen resolution vote has become buys a lot of things from us or pro- I was encouraged to see that the a proxy over that matter. duces a lot of oil. State Department, the Department of I have been outspoken in the past Assuming we can mostly agree on Homeland Security, and the Trump ad- about why it matters that we speak that, the question is, What do we do ministration have already begun to ne- out strongly about and against the about it? There is this false choice that gotiate new partnerships with Mexico murder of this journalist, Khashoggi, has been presented to us. This false to implement a new strategy to address but also that we talk more broadly choice is that there are only two some of the migrant flows from Central about what we need to do about it and choices: Either ignore it or abandon America. I appreciate Secretary how it applies to our alliance with and fracture the Saudi alliance. That is Nielsen’s and Secretary Pompeo’s work Saudi Arabia. not true. There are other choices. It is with Mexican officials—primarily I want to tailor my comments today not just either-or, those two. That is a those associated with the incoming ad- by briefly talking about exactly what false choice. ministration of President Lopez the implications are based on the ques- What I do believe is the wrong thing Obrador—toward an arrangement tions I get from people. Why does the to do about it is to pull and yank away where migrants can seek asylum in the murder of Khashoggi matter, and why our support for Saudi operations in United States but wait in Mexico while should we care about it? Yemen. Let me explain why. The first their claims are being processed. First, this is part of a pattern. The is, right now, the only hope of ending I look forward to attending the inau- Crown Prince, who is effectively gov- that is not winning an armed conflict; guration of Mexico’s incoming Presi- erning Saudi Arabia now, has been con- it is a peace negotiation. And the peo- dent this Saturday with Vice President tinually testing the limits of the ple who have to be at that table aren’t PENCE and other Members of Congress. world’s patience and also the limits of just the Houthis but the deposed Yem- I think this is—hopefully—a gesture our alliance. There is a pattern here. eni President, who is in Saudi Arabia. that will be appreciated and recip- We have seen it. He kidnapped, over 2 If we yank our support, the chances of rocated when it comes to our desire to weeks, the Prime Minister of Lebanon. that peace happening diminish signifi- work closely with this new administra- He has fractured an alliance that once cantly. In fact, the Houthis probably tion to address many of the problems existed with the Gulf Kingdoms. All of say: The Saudis no longer have U.S. that I have talked about this morning. it has implications on U.S. national se- support; they are not as strong as they Ignoring this problem is not going to curity. So this is just one more esca- used to be; I think we can beat them; make it better; it is only going to get lation in a pattern of testing the limits we don’t need a peace deal. So it actu- worse. Working together—not just here of our alliance. ally makes peace less likely. in Congress but with the administra- Then there are human rights. Why do The second thing, from a practical tion and our partners to the south—to human rights matter? For a practical perspective, is that we will have less secure our borders is the only path for- reason, human rights matter. From a influence how the Saudis conduct the ward. Solving this crisis takes a whole- practical perspective, when human war, meaning that we will have no government strategy and one that rights are violated, the result is a hu- standing to have any influence whatso- looks at all pieces of the puzzle. manitarian crisis, as we have seen ever who they bomb, how often they Instead of shutting down the govern- often around the world, which often bomb, and who they target. Some peo- ment by refusing the President’s re- leads to mass migration. ple argue that they will not have the

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The reason they are involved in they lose access to their money, to extraordinary, and it will be a gift to Yemen is that they feel it is an effort their property, to their visas. That is a Iran. by Iran—and, rightfully, they feel this real leverage point that we have. That is my last point. What happened way—to encircle them. We have additional tools: religious here has been a gift to Iran. What they If you look at it today, Iran is their freedom sanctions and visa bans have done has been a gift. Instead of enemy. Iran now controls large parts of against other individuals who may not weakening their enemy, they have em- Syria and is probably the closest gov- have been involved in the Khashoggi powered them. We do need to take posi- ernment in the world to the Syrian re- incident but, again, another leverage tive action on this. We do need to take gime to their northwest. Iraq is closer point. things that change and recalibrate this to Iran than it has ever been in the last We have leverage points in restrict- relationship, but yanking support at 20 years to the north. Iran is to their ing U.S. investment. One of the biggest this moment from the Yemen cam- east. Yemen would be to the south with proposals the Crown Prince is making paign is the wrong way to do the right the Houthis operating from there. They is that he wants to diversify their thing. feel that they are being encircled by economy and encourage U.S. and West- I hope that many of my colleagues, Iran. They are going to fight, whether ern investment into their economy. who yesterday voted to discharge this we help them or not. We could lose our Placing restrictions on that invest- bill to the floor to send a clear message influence over how they do it. ment is a significant leverage point. to the administration that they are un- I want to tell you one more thing We should use this opportunity to happy with the response so far—I hope that will happen. If we pull our sup- use those leverage points to achieve they will reconsider an alternative way port, the chances of a broader, cata- real changes in our alliance and real forward that doesn’t lead to these con- strophic conflict increases dramati- changes in their behavior. For exam- sequences I have outlined but allows us cally. I will lay one scenario out for ple, the release of Mr. Badawi, an ac- in the Senate to lead the way with the you. If we pull our support, the Houthis tivist in Saudi Arabia who has been re- administration to reset this relation- get confident, and they start launching peatedly flogged in the past and un- ship in a way that avoids these prob- rockets into Saudi Arabia, targeting justly held in prison—he should be re- lems in the future and lives up to our civilian populations and members of leased. The release of Saudi women ac- heritage as a nation whose foreign pol- the royal family and killing people. tivists who have been tortured and sex- icy is infused with and supports the de- The Saudis respond with dispropor- ually harassed while in custody—they fense of human rights all over the tionate force or the same level of force, should be released. Education re- world. and we begin to escalate. They will not forms—Saudi Arabia should finally I yield the floor. just respond against the Houthis. They stop publishing these textbooks en- The PRESIDING OFFICER (Mr. SUL- may respond against the Iranian inter- couraging and teaching anti-Semitism LIVAN). The Senator from New Jersey. ests elsewhere. Suddenly, you have a and radicalization and dangerous reli- NOMINATION OF THOMAS FARR real live shooting war that extends be- gious notions and theologies that en- Mr. MENENDEZ. Mr. President, I yond this proxy fight. In response to courage violence against others. We rise today in opposition to the nomina- that, the Houthis and Iranians use should require them to restore the Gulf tion of Thomas Farr to the Eastern their presence on the coast and that alliance and restore their relationship District of North Carolina. Those who port city to close off an important with Qatar. If they don’t, we will. We sit on the Federal bench are bound to chokepoint, the Bab el-Mandeb, that should force them to stop funding these uphold the Constitution for all Ameri- choke point in the Red Sea that con- Wahhabi schools around the world, in cans, regardless of race, gender, eth- nects the Mediterranean to the Indian which they are exporting nicity, or political leaning, but Mr. Ocean, where over 4.8 million barrels of radicalization. Farr cannot be trusted to defend equal oil a day go through. They start bomb- All of these things need to happen. justice under the law. ing oil tankers. They start hitting There may be other conditions we Working to disenfranchise voters those, and all of a sudden, the world haven’t thought of. These are real con- with a particular hostility toward Afri- has to get engaged to open that up. sequences that will begin to realign can-American voters has been his life- This holds the real potential for a rapid this alliance and make very clear that long passion. Consider his work for escalation that could involve a much this is an important alliance, but it is Jesse Helms’ 1990 Senate campaign. We broader conflict than what we are see- not one that is unlimited or without all know Helms’ record on race. ing right now. restrictions or expectations on our When the Justice Department I know that many of my colleagues part. brought a lawsuit against the Helms yesterday voted for this resolution out If we fail to do this, the Crown Prince campaign for sending over 100,000 post- of deep frustration. It was a message to will take further escalatory and out- cards to mostly African-American vot- the administration that the way they rageous actions in the future. He will ers, falsely warning them that they handled this Khashoggi incident is un- keep pushing the envelope. This is a were ineligible to vote and could be acceptable. I hope that message has young man who has never lived any- prosecuted for casting a ballot, it was been received. But this is the wrong where else in the world. He is a Crown Mr. Farr who defended the scheme. way to do the right thing, and that is Prince, which tells you, not only is he Yet, despite having served as the to ensure that we recalibrate our alli- wealthy, he has rarely faced dis- Helms’ campaign attorney, Farr denied ance with Saudi Arabia into one where appointment in his life or ever not had having any involvement with the post- they understand they can’t just do something he wanted. He has never cards in his Senate questionnaire. whatever they want. The Crown Prince lived abroad. I think he is largely naive Mr. Farr claimed he did not ‘‘partici- cannot do whatever he wants. about foreign policy and thinks he can pate in any meetings in which the post- We have leverage in that regard. get away with whatever he wants be- cards were discussed before they were There is legislation that the Senator cause at home, he can. We have to sent,’’ but according to the former from New Jersey, Senator MENENDEZ, make clear that with us, he can’t. head of the Justice Department’s Civil and others offered. In addition to that, You don’t have to blow up the alli- Rights Division, Gerald Hebert, ‘‘the there are things we can do. The leader- ance to make that message clear. If we answers in [Farr’s] questionnaire are ship of the Foreign Relations Com- don’t make that message clear, he will contrary to the facts.’’ mittee asked for the imposition of do more of this in the future, and one Mr. Hebert took contemporaneous Magnitsky sanctions. That is a power- day, he may pull us into a war. One notes while investigating the Helms ful tool. I assure you, there are people day, he may fracture the alliance him- campaign—notes that place Mr. Farr at

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Yet neither Senator BURR efforts, which leads me to question his Years later, Farr led a 3-year legal nor Senator TILLIS returned a blue slip qualifications to even be a Federal battle to defend North Carolina law for Ms. Timmons-Goodson; thus, Chair- judge. that disgracefully shortened early vot- man GRASSLEY did not act on her nom- Farr’s hostility toward voting rights ing, instituted onerous government ID ination. can be traced back to the 1980s and requirements, and eliminated same-day Yet, today, President Trump’s nomi- 1990s when he worked as a lead attor- voter registration and out-of-precinct nees are being confirmed despite objec- ney for Senator Jesse Helms’ reelection voting, all of which are known to dis- tions from home State Senators. Paul campaign. Media reports indicate that proportionately suppress minority, el- Matey, a nominee from New Jersey, he was not truthful in his responses to derly, and disabled voters. will likely become another example. questions for the record about his in- Federal courts ruled the law uncon- Neither I nor Senator BOOKER were volvement in voter suppression efforts stitutional for targeting African-Amer- meaningfully consulted by the White that were orchestrated by the Helms ican voters ‘‘with almost surgical pre- House regarding New Jersey’s open campaign and by the Republican Party cision’’—purposeful, surgical preci- seat on the Third Circuit. For several of North Carolina. sion—calling it the most restrictive reasons, we haven’t returned blue slips Here are the facts: law since the era of Jim Crow. for Paul Matey; yet they moved ahead In 1990, Helms was in a tight race I know Republicans want to confirm with the hearing for him. So it has with the mayor of Charlotte, Harvey as many judges as possible, but why been eviscerated—totally, totally. Gantt, and the campaign implemented this judge when there are so many It has gone little by little. First, if a strategy to suppress and confuse Af- other qualified jurists to choose from? one of the two Senators turned in a rican-American voters. The Helms I think it is because they know the blue slip, that was enough. Now it campaign and the North Carolina GOP GOP agenda of enriching big corpora- doesn’t matter that neither Senator implemented a so-called ballot security tions at the expense of everyday work- turns in a blue slip; they go ahead with program. That program included send- ing families is incredibly unpopular the hearing and probably with a vote. ing more than 120,000 postcards almost with the American people. So the precious check and balance that exclusively to African-American vot- Consider that while the Republicans Senator HATCH talked about as the last ers, saying they were required to live held onto the Senate this year, they vestige of a check and balance on judi- in a precinct for at least 30 days prior lost by 16 million votes nationwide. De- cial nominations has largely been lost. to election day and could be subjected mocracy is supposed to be a battle of The Republicans claim to be the to criminal prosecution. ideas, but when it comes to healthcare party of conservatism. Yet I see noth- This information was, in fact, false. or student loan debt or climate change, ing conservative in their willingness to In fact, one African-American voter in they don’t have any. When you can’t sweep aside century-old procedures for the State who received a postcard that win a fair fight, what do you do? You policy gain. They put their party be- informed him that he could not vote if tilt the playing field in your favor. fore their country and show no fidelity he had not lived in his voting precinct Republicans want to stack the court to the institutions that have truly for at least 30 days had lived at the with judges who will do their bidding— made this country great. Something is same address for more than 30 years grossly out of step with the American wrong with any political party that and had been registered to vote that people on everything from voting makes the suppression of voters its entire time. So clearly these postcards rights and redistricting to healthcare chief electoral strategy. Mr. Farr is were designed to intimidate African- and climate change, to the constitu- just one more card in their deliberate American voters. tionality of Whitaker’s appointment to effort to stack the deck against our de- In committee, I asked Mr. Farr about lead the Justice Department. That is mocracy, to disenfranchise voters and this program and his participation in what Leader MCCONNELL meant about force their unpopular, bad ideas on our it. He told me that he did not provide nominations being Republicans’ best country. any counsel and was not aware of the chance of having a long-term impact For the sake of our democracy, I urge postcards until after they were sent. on the Nation’s future. It is their best my colleagues, in this case particu- Former Federal prosecutor Gerald chance at denying minorities from vot- larly, to do the decent thing, to do the Hebert, who had worked on voting ing and forcing their bad ideas on the right thing—to stand up for the voting rights issues at the time, contradicted American people. rights of all Americans and reject this these statements. The Republicans are so intent on nominee. To get to the bottom of it, the Demo- confirming judges with shameful I yield the floor. crats on the Judiciary Committee re- records on voter suppression that they The PRESIDING OFFICER. The Sen- quested a copy of a Justice Department have shredded the blue-slip process ator from California. memo that reportedly detailed Farr’s here in the Senate, which allows the Mrs. FEINSTEIN. Mr. President, I role in this voter suppression incident, Senators to green-light or to prevent ask unanimous consent to speak as in but the Department would not provide hearings on nominees from their home morning business. a copy of the memo. The Washington States. It is a process—Senator HATCH The PRESIDING OFFICER. Without Post has now obtained the memo, once called the blue-slip process the objection, it is so ordered. which clearly shows that Farr was, in last remaining check on the Presi- Mrs. FEINSTEIN. Is there a time fact, involved in these voter intimida- dent’s judicial appointment power. limit? tion efforts. Ironically, back in 2013, when Presi- The PRESIDING OFFICER. There is I ask unanimous consent that the ap- dent Obama nominated an African- no time limit. propriate parts of the Washington Post American assistant U.S. attorney Mrs. FEINSTEIN. Thank you. I know article and a memorandum be printed named Jennifer May-Parker to this there are others waiting, so I don’t es- in the RECORD. very seat, the Democrats respected timate I will take more than 10 or 12 There being no objection, the mate- Senator BURR’s decision not to return a minutes. rial was ordered to be printed in the blue slip, and then-Chairman PAT I rise in opposition to the nomination RECORD, as follows: LEAHY chose not to hold a Judiciary of Tom Farr to the Eastern District of [From the Washington Post, Nov. 27, 2018] Committee hearing. Then, in 2016, North Carolina. I do so as the ranking FATE OF DIVISIVE JUDICIAL NOMINEE FROM President Obama nominated Patricia member of the Judiciary Committee. NORTH CAROLINA UNCERTAIN AMID CRITICISM Timmons-Goodson, the first African- The vote for Mr. Farr’s nomination, (By Seung Min Kim and John Wagner) American woman on the North Caro- as Members know, had been scheduled The fate of President Trump’s divisive ju- lina Supreme Court, to this same seat. for today, but it has been postponed. dicial nominee hung in the balance Tuesday as a Republican senator remained undecided If confirmed, either of these trail- Mr. Farr’s long career indicates that on whether to confirm Thomas Farr, who blazing women would have become the his history raises serious questions previously worked to defend North Carolina first African American to serve in the about his ability to safeguard voting voting laws ruled to have been discrimina- Eastern District of North Carolina—a rights for all Americans. In fact, he has tory against African Americans.

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Senate Democrats have been particularly whether the controversial postcards were ACTION MEMORANDUM—RECOMMENDED LAW- critical of Farr, an attorney in Raleigh who discussed as part of that effort, and Farr has SUIT AGAINST NORTH CAROLINA REPUBLICAN backed a law that the courts called ‘‘the repeatedly denied any prior knowledge of PARTY, HELMS CAMPAIGN FOR SENATE COM- most restrictive voting law North Carolina those mailers. MITTEE, ET AL. UNDER 42 U.S.C. 1971(b) AND has seen since the era of Jim Crow.’’ All 49 Farr was not named in the DOJ complaint 42 U.S.C. 1973i(b) Democrats oppose the nomination. against the Republican entities, and he also (June 19, 1991) Andrew Gillum and Stacey Abrams, two signed a consent decree that effectively set- From John P. Dunne, Assistant Attorney black candidates who fell short in high-pro- tled the issue in early 1992. General, Civil Rights Division. file gubernatorial races this month, criti- Sen. Thom Tillis (R–N.C.), one of Farr’s Lee H. Rubin, Attorney, Voting Section, cized the nomination in a new statement most vocal supporters, had asked a former Civil Rights Division. Tuesday, underscoring the national fight prosecutor to investigate the claims that over Farr’s nomination to a seat on the U.S. Farr was directly involved with the con- [EXCERPT: PAGE 8–9] District Court for the Eastern District of troversial postcards. That investigation has D. The Investigation North Carolina. turned up no evidence. Our investigation began on November 1, ‘‘Thomas Farr’s record of hostility and dis- ‘‘I’d ask them one simple question: When 1990, the day we obtained reliable informa- regard for fundamental civil rights disquali- in the history of the DOJ have they allowed tion that the postcards at issue had been fies him for a lifetime appointment that will somebody who was subject to the investiga- sent primarily to black voters throughout allow him to codify his discriminatory ide- tion negotiate the consent agreement and the State. On that day, we requested that ology into law,’’ Gillum and Abrams said in sign it?’’ Tillis said Tuesday. ‘‘Never hap- the FBI contact Jack Hawke, Chairman of a joint statement. ‘‘North Carolina’s Eastern pens, which is exactly why these are baseless the North Carolina Republican Party, and District—where most of the state’s African claims.’’ ask Mr. Hawke, among other things, the Booker had requested DOJ release the jus- Americans live—should be represented by a method used to select the voters who were tification memo, but it declined, citing con- Bench that represents its diversity, not one sent postcards and all plans regarding the fidentiality issues. A Justice Department that actively works to disenfranchise them.’’ use of the returned postcards. Mr. Hawke re- spokesman declined to comment Tuesday on Senate Republican leaders have been pub- fused to return FBI Agent George Dyer’s licly confident that they will have the votes the memo. Farr did not return an email re- questing a comment; nor did the White phone calls, and eventually referred Dyer to to confirm Farr, although they will almost House. his attorney, Thomas Farr, an attorney with certainly need to summon Vice President The Senate Judiciary Committee advanced Maupin, Taylor, Ellis and Adams, in Raleigh, Pence to break a 50–50 tie. Farr’s confirmation with a party-line vote in who was immediately advised by Mr. Dyer of Sen. Jeff Flake (R–Ariz.) has vowed to op- January. Republicans in control of the North the information we sought from the North pose all judicial nominations until the cham- Carolina General Assembly hired Farr and Carolina Republican Party. ber votes on legislation that he is seeking others in his law firm to defend congres- On Monday, November 5, 1990, after receiv- that would protect special counsel Robert S. sional boundaries it approved in 2011. In 2016, ing no information responsive to our request, Mueller III. Sen. Tim Scott (R–S.C.) said a federal court struck down the map as a ra- you contacted Mr. Farr and insisted that he Tuesday that he had made no decision on the cial gerrymander. provide us with the information we re- nomination. Farr also helped defend a 2013 voter ID law quested by that afternoon. During this con- Farr worked on the 1990 campaign of Sen. that was considered one of the strictest in versation, Farr assured you that no informa- Jesse Helms (R–N.C.), which came under the nation. In addition to requiring residents tion obtained from the returned cards would scrutiny for distributing postcards that the to show identification before they could cast be used as a basis to challenge voters on Justice Department later said were sent to a ballot, the law also eliminated same-day election day. Late in the afternoon on No- intimidate black voters from heading to the voter registration, got rid of seven days of vember 5, Farr telefaxed to us a list of pre- polls. early voting and ended out-of-precinct vot- cincts, which he orally represented to be the The postcard issue has become one factor ing. precincts in which the voters selected to re- in the unusually bitter nomination fight. In A federal court ruled in 2016 that the pri- ceive the postcards resided. Although Farr response to questions from Democrats, Farr mary purpose of North Carolina’s law wasn’t also advised us that Hawke would be made has denied any role in drafting the postcards to stop voter fraud but rather to disenfran- available that day for an interview with and said he did not know about them until chise minority voters. The judges wrote that Dyer and myself, Hawke in fact did not sub- after the mailers were sent, saying he was the law targeted African Americans ‘‘with mit to a voluntary interview that day. ‘‘appalled’’ when he found out about them. almost surgical precision,’’ in part because The lack of cooperation which marked the A 1991 Justice Department document the only acceptable forms of voter identifica- initial stages of the investigation has per- newly obtained by The Washington Post tion were ones disproportionately used by sisted during the course of our investigation. sheds some light on Helms’s campaign and white people. Soon after the election, we contacted the the state Republican Party’s broader ‘‘ballot Farr has a ‘‘well qualified’’ rating from the North Carolina Republican Party, the Jeffer- security’’ program, of which the postcards American Bar Association and was pre- son Marketing Companies, Mr. Ed Locke, were one component. Farr served as a lead viously nominated to the same post by Presi- and Mr. Doug Davidson, and requested that lawyer for Helms. dent George W. Bush. they provide us with all information rel- The DOJ document, called a justification Senate Minority Leader Charles E. Schu- evant to our investigation. Mr. Hawke and memo, elaborates on a meeting disclosed by mer (D–N.Y.) said he spoke to Gillum and Ms. Effie Pernell, the Executive Director of Farr in a letter to Sen. Cory Booker (D–N.J.) Abrams earlier in the day and that they the North Carolina Republican Party, volun- last year. In that five-page letter, Farr said ‘‘were hurt by attempts to limit voting tarily spoke with Dyer on November 9, 1990. he participated in a ‘‘ballot security’’ meet- rights.’’ During a floor speech, Schumer In late November, we received a request from ing of the Helms campaign in October 1990 in called Farr the ‘‘chief cook and bottle wash- Mr. Michael Carvin, one of the attorneys rep- which he said there was no need to do a card er’’ for the contested laws in North Carolina. resenting the North Carolina Republican mailing because returned cards could no ‘‘I don’t care what your party is, and I Party, for a meeting with Department attor- longer be used to challenge voter legitimacy. don’t care what your political ideology is,’’ neys to discuss our investigation. At the The DOJ document obtained by The Post Schumer said. ‘‘How can you have this man time we received this request, we were on outlined the basis for the DOJ complaint in the court?’’ the verge of obtaining voluntary statements against the Helms campaign and the North The history of the seat Farr would fill also from individuals associated with Jefferson Carolina Republican Party for the more than has contributed to the acrimony over his Marketing and from Doug Davidson. How- 120,000 postcards sent primarily to black vot- nomination. President Barack Obama nomi- ever, the respective counsel chose to delay ers that officials said were an attempt to dis- nated two African American women for the the scheduling of any interviews until we re- suade them from voting. post during his tenure, but neither was sponded to Mr. Carvin’s request. Asserting At the meeting, Farr told others that there granted a hearing. This is the longest cur- that the requested meeting would be ‘‘pre- were a limited number of ballot security ini- rent court vacancy nationwide. mature,’’ we declined the invitation to meet tiatives that the groups could undertake at Sen. Marco Rubio (R–Fla.) has been consid- with Carvin on December 21. that point in the race, according to the ered a potential ‘‘no’’ voted on Farr because [EXCERPT: PAGE 11–14] memo. He also said because the current Re- he was prepared earlier this year to join publican governor could tap a majority of Scott in voting against another judicial D. The 1990 ‘‘Ballot Security’’ Program county election officials statewide, the need nominee with a history of racially charged The postcard mailing was one component for a ballot security program that year was writing. That nomination was withdrawn. of the 1990 ‘‘ballot security’’ program fi- lessened because ‘‘they would ensure a fair On Tuesday, however, Rubio—who was nanced by the NCGOP. The wheels for the election process for Republican candidates.’’ briefed by his staff on the nomination Tues- 1990 ‘‘ballot security’’ program were set in During the meeting, participants also re- day evening—was prepared to vote for Farr motion long before the actual mailing of the viewed the Helms campaign’s 1984 ballot se- barring any new information that may come postcards. According to Doug Davidson, of curity effort Farr had coordinated ‘‘with an out about him, according to a Senate official Campaign Management, Inc., ‘‘ballot secu- eye toward the activities that should be un- familiar with his thinking. rity’’ was discussed at several meetings held dertaken in 1990,’’ the DOJ wrote in the Sen. Susan Collins (R–Maine), another po- during the summer months of 1990. These memo. The document did not say directly tential swing vote, also backs Farr. meetings were attended by Davidson, Carter

VerDate Sep 11 2014 02:36 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.003 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7205 Wrenn, a consultant to the Helms Com- When the idea of a card mailing was raised, open for a long time—actually, since mittee, Peter Moore, the campaign manager Farr told us that he explained to Locke and 2006. President Obama nominated two for the Helms committee, Jack Hawke, the others that while during the 1984 elec- highly qualified African-American Chairman of the NCGOP, and Effie Pernell, tion, state law provided that returned post- women to fill the vacancy. Either Executive Director of the NCGOP. During cards may serve as prima facie evidence that would have been the first African these meetings, in addition to discussing a voter was not properly registered to vote general campaign strategy, Davidson recalls in that precinct, such procedures had been American to serve on the court—a that a consensus was reached that some type altered subsequent to that election so that a long-overdue milestone in a district in of ‘‘ballot security’’ effort needed to be un- returned mailing could no longer serve to which more than 25 percent of the pop- dertaken prior to the 1990 general election. support an election day challenge of voters. ulation is African American. Peter Moore confirmed Davidson’s recollec- He told the others that in light of this The first nominee, Jennifer May- tions, as he recalls meetings in which discus- change, a postcard mailing like the mailing Parker, served as chief of the Appellate sions focused upon the need for a ‘‘ballot se- conducted in 1984 would not be particularly Division at the U.S. Attorney’s Office curity’’ program in connection with the No- useful, except for use as evidence in post- in the Eastern District of North Caro- vember, 1990 election. At one of these meet- election challenges. ings involving the leadership of the Helms lina. By that time, she had served in Committee and the NCGOP, the decision was Mrs. FEINSTEIN. The memo includes the U.S. Attorney’s Office for 14 years. made to budget $25,000 for the 1990 ‘‘ballot se- Farr’s own retelling of meetings in Her nomination did not move forward curity’’ program and to finance the ‘‘ballot which sending postcards to voters was because she didn’t receive a blue slip security’’ program with NCGOP funds. discussed. In fact, Farr told colleagues from the State’s Republican Senator In early September, 1990, Ed Locke, a polit- that postcards might not be as effec- even though he had initially rec- ical consultant from Charlotte who had tive in kicking voters off the rolls as ommended her to the White House as a played a major role in organizing the 1984 they had been in 1984. It is impossible, ‘‘ballot security’’ program for the NCGOP potential nominee. and the 1984 Helms Committee, contacted though, to square this memo with The second nominee, Patricia Tom Farr to offer his services for coordi- Farr’s denial to the Judiciary Com- Timmons-Goodson, served as the vice nating the 1990 ‘‘ballot security’’ program. mittee that he had any knowledge of chair of the U.S. Commission on Civil On October 16th, Davidson and possibly these actions. Rights. She had previously served as an Tom Farr, who had worked with Ed Locke on In addition, since that time, Mr. Farr associate justice on the North Carolina the 1984 ‘‘ballot security’’ program for the has remained active in efforts to de- Supreme Court and as an associate NCGOP and the Helms Committee, contacted press and dilute African-American vot- judge for the North Carolina Court of Locke by telephone in Charlotte and asked Appeals. Again, Republicans did not Locke if he would be willing to meet in Ra- ing. In several cases, Farr defended leigh to discuss the 1990 ‘‘ballot security’’ North Carolina’s congressional and leg- allow her nomination to move forward. program. Apparently Peter Moore and Carter islative districts that were drawn after While the Republicans have under- Wrenn had been consulted concerning con- the 2010 Census against allegations mined the blue-slip policy to confirm tacting Locke for discussions on the ‘‘ballot that the State legislature drew them to President Trump’s judicial nominees, security’’ program and had given their as- dilute the vote of African Americans. it is important to know that the only sent to pursue such discussions. Locke Farr has defended these districts before reason Tom Farr’s nomination is under agreed to meet with the Helms Committee North Carolina’s State courts, Federal consideration today is that Republican representatives and flew to Raleigh the next blue slips were honored by the Demo- day. courts, and the Supreme Court. How- In Raleigh, he met initially with Moore, ever, in each instance, his arguments crats during the Obama administra- Davidson, and Farr. This meeting was held have been rejected. tion. In short, the Republicans blocked at Farr’s law firm, Maupin, Taylor, Ellis & In North Carolina v. Covington, a two highly qualified African-American Adams. At the meeting, the participants ap- three-judge panel in the Middle Dis- women from filling the vacancy in parently reviewed the 1984 ‘‘ballot security’’ trict of North Carolina found that order to hold the seat open for a White program with an eye toward the activities ‘‘race was the predominant factor mo- nominee with a history of that should be undertaken in 1990. Davidson tivating the drawing of all challenged disenfranchising Black Americans. I stated that by the end of the meeting they am sorry to say that, but that is the had formulated a tentative outline for the [state legislative] districts.’’ In Harris v. McCrory, two of the way it was. 1990 ‘‘ballot security’’ effort. Davidson re- It is impossible to see how the people calls that a mailing targeted at voters who three Federal judges on a panel held Tom Farr would serve in the Eastern no longer resided in the precinct in which that the State’s congressional redis- District of North Carolina would ever they are registered was one of the projects tricting plan violated the 14th Amend- believe they would be getting a fair suggested for 1990. They also discussed who ment’s equal protection clause. shot in his courtroom. The Senate would be best suited to coordinate the ‘‘bal- In 2016, Farr also defended North lot security’’ effort. should reject this nominee. According to Farr, he told the attendees of Carolina’s restrictive voter ID law in I yield the floor. the meeting that there was only a limited the North Carolina State Conference of The PRESIDING OFFICER. The Sen- number of ‘‘ballot security’’ programs that the NAACP v. McCrory. He had served ator from Oklahoma. could be undertaken with only about three as an adviser to the State legislature IMMIGRATION weeks left in the election. Farr also stated as it was considering that legislation. that the need for a ‘‘ballot security’’ pro- Mr. LANKFORD. Mr. President, on In arguing before the Fourth Circuit, May 5 of this year, NASA launched the gram was not as compelling as in 1984, since, Farr strongly denied that racial ani- unlike in 1984, the state had a Republican InSight rocket. That probe, the In- governor. Since the Governor has power to mus toward African Americans was the Sight probe, has traveled 300 million appoint two out of the three members of motivation for the voter ID law. The miles since May of this year and has each county’s board of elections, Farr ex- court, however, strongly disagreed. In touched down safely on Mars. It is a re- plained that the Republican-controlled coun- striking down the law, the court markable achievement. The United ty election boards throughout the state strongly rejected Farr’s arguments, States is the only country in the world would serve effectively as a statewide ‘‘bal- noting that the law’s requirements that has any probes on Mars. We have lot security’’ program, as they would ensure ‘‘target African Americans with almost several now that are moving around a fair election process for Republican can- surgical precision.’’ That is the Fourth didates. He suggested that contact be made and are stable. The technology behind with a Republican board of elections member Circuit’s confirming that racial animus that—the thought, the design, the en- in every county to ensure that they will be was part of this. gineering, the work—is a remarkable working on election day. He also suggested The Congressional Black Caucus achievement for the science commu- that, to the extent that any ‘‘ballot secu- Foundation expressed its strong oppo- nity. rity’’ programs are undertaken, they should sition to Farr’s nomination, writing The 300 million-plus miles that it has focus on those precincts with little or no Re- that ‘‘Farr has amassed a record that traveled since May and to be able to publican presence at the polls. To this end, puts him at the forefront of an ex- land safely is a remarkable achieve- he advised that the Helms Committee/ tended fight to disenfranchise African- NCGOP should hire observers to watch the ment. I compared that 300-mile journey opening and closing of the polls in such pre- American voters.’’ of the InSight probe and safely landing cincts. He suggested that it may also be Opposition to Farr’s nomination has on Mars to our now two-decades-long helpful to publicize the fact that a ‘‘ballot been compounded by the history of this conversation trying to solve immigra- security’’ program is going to be undertaken. particular vacancy, which has been tion.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.004 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7206 CONGRESSIONAL RECORD — SENATE November 29, 2018 As Americans, we have figured out We have 1 million people every single something that this Congress needs to how to travel 300 million miles, but we day who leave the United States, com- respond to and needs to step up to, but have not been able to figure out how to ing in legally either through Canada or this Congress has been unwilling to manage our own immigration policy. through Mexico or based on flights. have the votes that it takes to make This is the 10th time I have come to Our law enforcement folks who handle sure family units stay together because this floor to talk about immigration in all the issues there—Border Patrol, the drama of tearing families apart just the last 3 years. customs, and all of the different folks looks so much better on TV. Earlier this year in February, we had from ICE—do a tremendous job every What has been the result of that? The a tremendous amount of work that was single day. result is a massive increase in the happening here in the Senate to try to I think Secretary Nielsen and her number of children who are coming to come to a set of agreements about how leadership has been stellar in their our border. This may sound familiar to we can manage the immigration policy leadership to help manage through a you, and it should. In 2014, under the in the United States, and those agree- PR nightmare that has been created time of President Obama, he an- ments failed. While InSight was trav- because the cameras want to focus on a nounced the DACA proposal, or De- eling 300 million miles, the Senate still few people crossing illegally and refuse ferred Action for Childhood Arrivals, did nothing to solve the issue of immi- to turn the cameras just 15 degrees and President Obama looked at those indi- gration. focus on 100,000 people coming across viduals who were living in the country We watched today several thousand the border legally. here, who had been here for a long people in Tijuana living in a soccer sta- We do have to do something about time, who came as children. Their par- dium after they left from Honduras. our immigration policy. We are a Na- ents broke the law by crossing the bor- They traveled into Guatemala. The tion that has been open to immigrants der, but they were children. Guatemalans deported several thou- our entire history as a nation, and we In American law, we do not punish sands of them and said: You didn’t remain so and should remain so. children for the actions of their par- cross legally from Honduras into Gua- But the question seems to get spun ents. We don’t do that. So President temala. up on this one issue: What do we do Obama looked at these kids and said: Then they approached the border be- about someone who intentionally You have grown up in our country. tween Guatemala and Mexico, and breaks the law to come into our coun- Your parents violated the law, but you Mexico put their law enforcement and try? How do we treat them versus the did not. We are going to give you de- their military on the border and said: person who has gone through the proc- ferred action. We are going to give you You can’t just cross the border ille- ess and who is legally coming into the the opportunity to be able to work and gally from Guatemala to Mexico. Then country? Are they to be treated the to be able to live here. It wasn’t citi- they charged the bridge, overran the same if they illegally cross the border zenship, but it is an opportunity to law enforcement and the military of at San Diego as someone who legally stay here and to work. the Mexican police, went around into crosses the border at San Diego, or do As soon as that was announced, with- the river, and then regrouped again and we treat them differently? in months, the American border start- continued to move forward to Mexico. Last year, there were 400,000 people ed being flooded with unaccompanied Mexico offered them asylum, which I who were arrested for illegally crossing minors—kids 17 years old and younger thought was incredibly gracious, based our southern border—400,000. Again, who would cross the border. They on the way they crossed into Mexico. that may seem like an incredibly large showed up in the thousands. They were Mexico offered them asylum and the number, but let me put that back in brought by human smugglers from Cen- ability to stay in Mexico. They offered perspective. Half a million people— tral America who make their living them assistance all along the way. that would be 500,000 people—legally moving people from Central America They did arrest some troublemakers cross our border on the south every to the United States. That business along the way. started traveling all through Central Now they have made their way all day. So we had 400,000 people arrested crossing our southern border illegally— America saying: President Obama is the way through Mexico, and they are going to allow you to be able to stay in just outside San Diego. A few days ago, 400,000—but yet over the total of an en- tire year, there are 400,000 people ar- the country. He has just announced the same group rushed our border to this program, and if you will go now rested, but every single day 500,000 peo- see if our border would cave the same with me, you will get to stay in Amer- ple legally cross our entire southern way the southern border of Mexico did. ica. Yet we did not. border. As I mentioned, 100,000 of those So parents were literally surren- Interestingly enough, that group of are just at San Diego. dering their teenagers, most of them We, as Americans, need to make deci- several thousand people who rushed the boys, and saying to their boys: Go to sions about how we are going to handle border, who are now parked on that America and go find a job and work immigration. I think we have to get border, are literally living within a few and send money back. They would send some numbers and some perspective in 100 yards of the largest legal border their kids with human smugglers. crossing in the world—the San Diego place because all of the attention President Obama then said: Time crossing. There are 100,000 people a day seems to be distracting us from the ac- out. That is not what I said. President who legally cross the border from Mex- tual facts and numbers. So let me run Obama was very clear to say: You had ico into the United States, within feet through some things. to have been here years ago. You are of where they charged the border and There has been a lot of conversation not eligible if you cross the border demanded to get entry into the United about family units, about what it now. Do not come. States. Let me just set that for you means for family units to be able to Our State Department actively again side by side. There are 100,000 come in and whether family units worked to get the message out in Cen- people every single day who legally should be separated. Let me make it tral America, saying: Do not come. cross the border from Mexico into the very clear. I have been very outspoken You will not be able to stay. United States at the Tijuana-San to say that family units need to stay But the human smugglers were tell- Diego crossing. Yet the attention is together whenever possible. ing them: They are just kidding. I am not on the 100,000 who are legally cross- We are Americans. We are very pas- going to take you, and we will show ing the border. The cameras are turned sionate about families. If a family unit you that we can get you in. toward the few thousand who are try- crosses the border illegally, as much as What happened is that they started ing to rush the border illegally. Our possible, we need to keep that family bringing kids by the thousands up to perspective is out of whack. unit together. That may mean we need the border. When they got there, they We are not a closed country to immi- to have them in a spot in a detention were introduced to the border folks. gration. We are an open country to im- unit or someplace where they can actu- They would go in, and they would get migration. There are 1.1 million people ally stay together as a family as much an opportunity to all stay. They would who last year became citizens of the as possible, but, for whatever reason, get a piece of paper that said they United States—1.1 million—but we are the courts have not allowed us to go can’t be deported while they go a Nation that has order and structure. through that system. I think that is through their paperwork.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.012 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7207 Those kids then were taking a pic- unrelated adults, to come here. It has a tem and a fiber optic detection system ture of that piece of paper, saying: I nickname in Central America now, across our southern border in many got in. I am legal. which the Washington Post story high- areas to detect the tunnels that are They were snapping that picture and lighted. It is called ‘‘adoptions.’’ That being dug to move illegal narcotics, sending it back on social media to is the new nickname—that I am going mostly, in those tunnels, rather than their friends in Central America. It to take my child and adopt them out to people. They put up mobile surveil- just accelerated, and it blew up into some unrelated adult so they can get lance systems. huge numbers. into America cheaper and faster, and, This is not just about fencing, it is In my State of Oklahoma, President hopefully, things turn out for that kid also about technology. DHS has done Obama used one of the military bases as well. Our broken immigration sys- both, and it is making a difference. there in Watonga, OK. He converted tem is encouraging this, and we need to While the cameras are focused on one of the dorms and was moving unac- address it. children coughing from tear gas at our companied minors into this military Over the last 2 years, Congress has southern border, we need to ask our- base around a big giant fence in the appropriated about $1.7 billion to build selves a question: What are we doing in middle of the base, just as he used 124 miles of new or replacement fencing the policy that is encouraging people other military bases to house unaccom- along the border. This funding is not to bring children to the border think- panied minors because they were com- some tall, concrete tapeworm running ing they are going to get faster access ing in such large numbers that they along the southern border. It is a fence. if they can illegally cross? Why is this couldn’t be managed. That was under In 2006, it wasn’t controversial for happening? How do we stop it with our President Obama’s time. the Secure Fence Act. The Secure policy? It took a long time—several years— Fence Act built 650 miles of wall— This Nation should continue to be to get the message back out to Central fence—along the southern border. That open. We should continue to receive America: Stop sending your unaccom- fence was very effective. immigrants from around the world, in- panied minors because it is not just an For instance, earlier this year, Con- cluding from Central America and from automatic entry. gress provided funding to replace 14 Mexico. I have neighbors and friends Then the conversation started about miles of fencing along the border be- all through my community who are family units, saying: If you come as a tween San Diego and Tijuana, Mexico. from Central America and from Mex- family unit, you are going to be able to For the last 20 years, the border be- ico. They are welcome citizens of our get in. tween Tijuana and San Diego has been country. They are part of the fabric of Now, that is not what everybody was actually old metal sheets from the who we are—people from all over the saying here, but that is what the smug- Vietnam era that were used in Vietnam world—but I have a very difficult time glers said back in Central America. to lay out on the jungle floor to land saying that 100,000 people at the San They said: Hey, the Americans allow helicopters on. They took that old Diego crossing who are crossing legally you to come in if you come in as a fam- sheet metal decades ago when they should be ignored every single day for ily unit. So bring a child with you, and brought it back, and then they used it the sake of a few thousand who want to you can get in. as the fencing between San Diego and crash the fence, who crashed the bar- Over the last year, we have watched Tijuana. That fencing is being re- riers in Southern Mexico and who are the number of adults showing up with a placed. working to crash the barriers here. We child on our southern border dramati- Congress provided the funding, and need to have a more reasoned response cally increase by the tens of thou- DHS has done 18-foot-high, bollard- to this. sands—an unintended consequence. style fencing, open fencing that you Listen, if you have never been to a It is interesting. Some may have can see through, not the solid sheet naturalization service, you ought to noted over the weekend a Washington metal that is up there. Although the go. I have a staff member whom I com- Post story that was titled: ‘‘For Cen- actual final results haven’t been re- pletely agree with who says: I can’t tral Americans, children open a path to leased on it yet, the border agents on ever go to a naturalization service and the U.S.—and bring a discount.’’ The the ground have said they used to have not cry. So far, I have never been to a Washington Post story was a story 10 illegal crossings a day through that naturalization service where I don’t about research they are doing in Cen- old-style fencing. Now they have one il- cry. They are exceptionally moving tral America on these human smug- legal crossing a month through that events, to watch a large group of peo- glers and what they are doing now in new fencing. ple from all backgrounds, from all lan- their business. In the story they de- For all of the whining and all of the guages, standing and raising their tailed that it will cost $10,000 if you conversation I hear, which is that if right hand and pledging allegiance to a travel as an adult, but if you bring a you build a fence, it is just a ladder, it brandnew country. People who have set child with you, you and the child can has dropped from 10 a day to 1 a month, aside their old path to realize—for come for $4,500. So it is half price if you just when the fencing changed. It also many of them this was years in the bring a kid, and families are so des- allows our agents to see a danger or a process, to legally go through all of the perate in that area to get some kind of risk on the other side and respond to right checks and get to that point. For assistance that, literally, adult males, it. those 1.1 million people who do that mostly, are going to families and say- By the end of the next fiscal year, every year, we honor those individuals ing: Let me take your child with me. I DHS will have completed about 120 and welcome them openly. will get a discount, and then I will send miles of new fencing in California, Ne- Let’s honor people who are doing it you some cash back, and I will try to vada, and Texas. They have also in- the right way. Let’s fix broken areas of enroll this child in an American school stalled 100 different video towers be- the system that are encouraging people or find somebody to take care of them. cause it is not about fencing, it is also to bring children because they get a We have individuals who are now about technology and the ability to see discount if they travel with children il- showing up at our southern border who what is happening at the border. We legally across our border. Let’s find a are bringing a child they are not re- don’t need fencing in every area of a way to work out work visas. Let’s deal lated to because they get a discount on 2,000-mile border. with issues like temporary protective their human smuggling time, and they Just since January 2017 until now, status that need to be resolved. Let’s get more expedited process to be able DHS has put up 31 different fixed sur- deal with the issues of our immigra- to actually get across the border to re- veillance towers along the southern tion, but let’s not continue to stall. quest asylum. Although, they are not border. They have put in 74 different If the Mars InSight probe can travel actually requesting asylum. They are remote video surveillance systems all 300 million miles in 5 months, surely just getting across the border and try- along our southern border and 7 com- this Congress can sit down and resolve ing to find a job. It is economics. mand and control facilities on the the immigration issue in a few months. Do we not see what is happening? We southern border. They put up a tunnel I look forward to that in the next Con- are encouraging the human trafficking threat program. They have put in what gress and in the days ahead to finally of children from Central America, from is called a linear ground detection sys- getting this resolved.

VerDate Sep 11 2014 02:36 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.013 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7208 CONGRESSIONAL RECORD — SENATE November 29, 2018 I yield the floor. vote, was also found by the Court to be CLIMATE CHANGE The PRESIDING OFFICER. The Sen- ‘‘the most restrictive voting law North Mr. President, I also want to take us ator from Maryland. Carolina has seen since the era of Jim back to 2006 for another reason. Back NOMINATION OF THOMAS FARR Crowe.’’ in 2006, we had many of our Republican Mr. VAN HOLLEN. Mr. President, Thomas Farr wasn’t just a key player Senate colleagues recognizing the dan- there has been a lot of activity in the in that case in defending North Caro- gers of doing nothing about the mount- Senate today, and I wish to cover a lina’s discriminatory law, he was also a ing costs of climate change. Back in couple of topics, starting with the key player in passing other North 2006, there was a bill in the U.S. Senate nomination of Thomas Farr to be a Carolina laws that have been thrown by Senators McCain and Lieberman, a U.S. District Court judge for the East- out because of their discriminatory im- bipartisan group, designed to finally ern District of North Carolina. I under- pact. He was in the middle of North take action. Here we are so many years stand we will not be voting on that Carolina’s effort to redraw State legis- later from 2006 and, my goodness, have nomination today. lative lines for both State House dis- we regressed. I hope our colleagues will take the tricts and State Senate districts that We now have a President of the time between now and whenever we the U.S. Supreme Court threw out on United States, in response to a report may cast a final vote on that nomina- the grounds that it was racially dis- that came out from 300 scientists in tion to take another look at the record criminatory, but his history in trying the U.S. Government about the dangers because a number of very informative to put up barriers to minority voting of climate change, who says: Well, I things have come out in recent days rights goes back even further. don’t believe it. They tried to bury this about Mr. Farr’s record. I have in my hand a memorandum, report, releasing it the day after I want to take us back to a moment dated June 19, 1991, from within the Thanksgiving, but it backfired because where this Senate Chamber was back Justice Department. It was during the it was a slow news day and people real- in 2006. Back in 2006, the U.S. Senate administration of George Herbert ized what was up. They realized this Walker Bush. It is a memo recom- passed the Voting Rights Reauthoriza- was a deliberate attempt by the admin- mending that the United States bring a tion Act by a vote of 98 to 0. Ninety- istration to deep-six something that is lawsuit against the North Carolina Re- eight Senators in favor of the Voting important to all Americans and some- publican Party and the Helms for Sen- Rights Act Reauthorization—none op- thing all Americans can see with their ate Committee—that would be Jesse posed. The House passed the same bill own eyes, which is the escalating im- Helms, former Senator—for conducting by a vote of 390 to 33. President Bush pact of doing nothing about climate a postcard mailing program designed to signed that bill into law. change, whether it is forest fires or intimidate and threaten Black voters Fast forward to 2013, we have a case floods or rising sea levels. throughout the State of North Carolina in the Supreme Court, Shelby County If you look at the report, if you live in order to discourage them from par- v. Holder. The Supreme Court, by a in the Chesapeake Bay area, you have vote of 5 to 4, took a big bite out of the ticipating in the November 6, 1990, gen- eral election. to be really worried: increasing precipi- enforcement provisions of the Voting tation, increasing storm events. We al- Rights Act. They eliminated the I urge all of my colleagues to read this memorandum from the Justice De- ready have flooding in Annapolis, the preclearance provisions. What we saw home of the U.S. Naval Academy. If within a matter of weeks and months partment during the time George Bush was President. I especially direct them you talk to the Superintendent there, were States around the country that to page 12. There is a footnote on page he is already worried about the impact. had previously been subject to the 12 that talks about Thomas Farr’s This report makes clear that we are preclearance provisions beginning to work in this area of trying to put up going to have rising sea levels, a rising enact laws putting up barriers to peo- barriers to voting, going way back to Chesapeake Bay, and we are going to ple’s ability to vote, especially minor- not just the 1990 election but back to see islands in the Chesapeake Bay dis- ity voters. Texas enacted legislation the 1984 election of Senator Jesse appearing, all because this body refuses and North Carolina enacted legislation, Helms. to take any action and decides to in- among others. In fact, this Department of Justice stead kowtow to the President of the I want to focus for a moment on what memorandum states that Farr was the United States. happened in North Carolina because in primary coordinator of the 1984 ‘‘ballot I would like to quote the President North Carolina the State legislature security’’ program conducted by the very quickly. When asked about this passed a bill that put up all sorts of ob- North Carolina GOP and the 1984 Helms the other day, he said the following. stacles that made it much harder—for for Senate Committee. He—referring to When he was asked why he doesn’t be- African Americans especially—to cast Thomas Farr—coordinated several lieve in climate change—this is the their vote, to exercise their right to ‘‘ballot security’’ activities in 1984, in- President of the United States: ‘‘One of vote. When that bill was appealed to cluding a postcard mailing to voters in the problems that a lot of people like the Fourth Circuit, the Fourth Circuit predominantly Black precincts which myself—we have very high levels of in- found that North Carolina State legis- was designed to serve as a basis to telligence, but we’re not necessarily lation had targeted African-American challenge voters on Election Day. such believers.’’ voters with almost ‘‘surgical preci- I don’t know what has happened to He goes on to say: sion,’’ and they threw out that North the Senate between 2006, when it And when you’re talking about an atmos- Carolina law. unanimously voted to extend the Vot- phere, oceans are very small. And it blows Well, just a few days ago, this Senate ing Rights Act, and today, when we over and it sails over. I mean, we take thou- confirmed a nominee to be legal coun- have on the floor the nomination of sands of tons of garbage off our beaches all sel at the Department of Agriculture, Thomas Farr, who has a history of the time that comes over from Asia. It just Stephen Vaden, who was one of the being the point person in trying to flows right down the Pacific, it flows, and we people who filed and coauthored an limit the ability of Americans to exer- say where does this come from. And it takes many people to start off with. amicus brief in support of the North cise their right to vote and, according Carolina law that was overturned. The to the Fourth Circuit of the United Then he goes on in this bizarre an- Senate acted, and we did that. States, did so with ‘‘surgical precision’’ swer. This is the President of the It turns out that just a few days in denying African-American voters. United States responding to a question later, we have a nomination not for the How can we in good conscience put about the reality of climate change. general counsel for the Department of someone on the Federal Court of the I hope we will get back to where we Agriculture but for somebody to be on United States who has that history? were on climate change in this body in the U.S. courts who was the architect How can people who come before that 2006 and work on a bipartisan basis to and the defender of these North Caro- court have the confidence that the per- do something, because the cost of doing lina laws, Thomas Farr. That same law son—that judge—is really going to up- nothing is rising every day and hitting which the Court said targeted African hold their rights? Americans and people across the world. Americans with almost surgical preci- I urge my colleagues to oppose this Finally, when it comes to denying sion, trying to deny them their right to nomination. the facts, including the facts presented

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.015 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7209 by his own administration, we have a Prince thought he could get away with economy over a cliff, it is that Amer- President of the United States who ap- killing an American resident in ican families desperately need a strong parently doesn’t believe his intel- Istanbul is because this President has consumer watchdog. Before the crisis, ligence community. This is just an- given him a blank check to do what- financial institutions sold consumers other rewind-the-tape moment. We re- ever he wants, and that includes predatory loans that were like gre- member after Helsinki, when the Presi- Yemen. nades with their pins pulled out. When dent sided with President Putin and YEMEN they exploded, they wiped out trillions said: No, the Russians were not in- Mr. President, I will close by making of dollars of wealth and caused millions volved in the 2016 elections—despite a few remarks about Yemen because of people to lose their jobs, their sav- the unanimous conclusions of all the what we have seen is an administration ings, or their homes. U.S. intelligence agencies. that has essentially given a blank The Consumer Financial Protection Now we know from reports that the check to the Saudi war in Yemen, and Bureau was created to level the playing CIA has determined with a high level of it has backfired and has actually field for consumers and make sure that confidence that the Crown Prince of strengthened the hand of Iran. The Washington never again looks the Saudi Arabia was involved and helped Houthis are an indigenous movement other way while millions of families orchestrate the assassination of Jamal in Yemen. Saudi’s conduct has given get squeezed. Khashoggi in the Saudi consulate in Iran an opening in a way it did not On June 18, 2018, President Donald Istanbul. Instead of accepting the con- have before. Trump announced his intent to nomi- clusions of the CIA, the President in- The best way is to get all the parties nate Kathleen Kraninger as Director of stead has become the mouthpiece for to the peace table to have a negotia- the CFPB. Ms. Kraninger is a political the Saudi regime. Early on, he played tion, and we are not going to get the appointee at OMB who has spent more into all their cover stories. Saudis to the peace table if the Presi- than a decade working on homeland se- Just yesterday, we had a briefing of dent of the United States continues to curity policy in the executive branch the Senate. We had the Secretary of look the other way for all their bad and on Capitol Hill. She has never—I State and the Secretary of Defense. conduct. That is why it is important repeat, never—worked on consumer Guess who did not show up. The Direc- that next week the Senate pass the res- protection issues either in public serv- tor of the CIA. It is pretty clear that olution that was discharged here to the ice or in the private sector. She has the administration did not want the floor yesterday and send a clear mes- zero track record of standing up for Director of the CIA telling Senators sage about what we stand for. consumers. from both parties what her findings The PRESIDING OFFICER (Mrs. The White House championed Ms. are, but they have been reported in our FISCHER). The Senator’s time has ex- Kraninger’s experience as a manager newspapers. pired. when announcing her nomination. A When you have the Secretary of The Senator from Massachusetts. White House official stated that Ms. State write in the Wall Street Journal Ms. WARREN. Madam President, I Kraninger ‘‘will bring . . . much-need- complaining about what he calls ‘‘cat- ask unanimous consent to speak for up ed management experience [to the erwauling’’ in the U.S. Congress about to 10 minutes. CFPB].’’ A quick search on Google what happened, you bet people in the The PRESIDING OFFICER. Is there shows that is bogus. Senate are upset about the fact that an objection? Ms. Kraninger’s tenure at OMB has American resident—a writer for a Mr. GARDNER. Reserving the right been marred by systemic management major American newspaper—got mur- to object, we have a standing order. failures. As an OMB official with pri- dered in the Saudi consulate in The PRESIDING OFFICER. Is there mary responsibility over the Depart- Istanbul, and the President of the objection? ments of Justice and Homeland Secu- United States wants to not only just Mr. GARDNER. I object. rity, Ms. Kraninger was one of the offi- look the other way but is actually The PRESIDING OFFICER. Objec- cials responsible for managing and im- complicit in providing the cover story tion is heard. plementing President Trump’s zero-tol- for the Crown Prince of Saudi Arabia. Ms. WARREN. I suggest the absence erance policy. The policy resulted in a So there is a lot of caterwauling going of a quorum. humanitarian catastrophe in which on. The PRESIDING OFFICER. The thousands of children were ripped from The President made another bizarre clerk will call the roll. the arms of their mamas and daddies statement that began with the sen- The senior assistant bill clerk pro- and thrown into cages. tence ‘‘The world is a dangerous place’’ ceeded to call the roll. Ms. Kraninger bungled the response and then went on to somehow justify Ms. WARREN. Madam President, I to the three catastrophic hurricanes of ignoring Saudi’s conduct and the mur- ask unanimous consent that the order 2017. Under Ms. Kraninger’s leadership, der. Yes, the world is a dangerous for the quorum call be rescinded. OMB’s budget requests in the wake of place, and it is made a lot more dan- The PRESIDING OFFICER. Without Hurricanes Irma, Maria, and Harvey gerous when the President of the objection, it is so ordered. were too little, too late. United States looks the other way Ms. WARREN. Madam President, I Ms. Kraninger oversaw a budget that, when one of our so-called allies—and ask unanimous consent to speak for 5 if enacted, would have exacerbated, they have been an important ally in minutes. rather than alleviated, the Nation’s af- some respects—is actually complicit in The PRESIDING OFFICER. Is there fordable housing crisis. the murder of an American resident objection? No, it isn’t Ms. Kraninger’s manage- overseas. That makes the world much Without objection, it is so ordered. ment experience that got her a giant more dangerous for all Americans and NOMINATION OF KATHY KRANINGER promotion; it is her enthusiasm for all people around the world. Ms. WARREN. Madam President, 10 Mick Mulvaney’s anti-consumer agen- It is important that the United years ago, greedy financial institutes da that earned her this reward from States act to hold the Crown Prince ac- crashed our economy and crushed President Trump. How do I know that? countable. It is also important that we working families all across this coun- I asked Ms. Kraninger if she disagreed stop giving Saudi Arabia a green light try. Millions of Americans lost their with one single action that Mr. on all sorts of other conduct. This is a jobs, millions lost their homes, and Mulvaney took during the year he con- Crown Prince who kidnapped the Prime millions lost their life savings. That trolled the CFPB. She said: ‘‘I cannot Minister of Lebanon. This is a Crown crisis was no accident, and it was no identify any actions that Acting Direc- Prince who blockaded Qatar against act of God. It was caused because tor Mulvaney has taken with which I our best interests. This is a Crown Washington looked the other way while disagree.’’ Not a single one. That Prince who essentially threw out the greedy Wall Street bankers scammed means she agrees with Mick Canadian Ambassador because she had hard-working American families. It Mulvaney’s decision to drop a lawsuit the temerity to tweet about Saudi can happen again if we let it. against payday lenders who were human rights abuses against women in If we learned anything from the fi- charging vulnerable buyers 900 percent Saudi Arabia. The reason the Crown nancial crisis that nearly drove our interest. She agrees with Mick

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.016 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7210 CONGRESSIONAL RECORD — SENATE November 29, 2018 Mulvaney’s decision to gut CFPB’s of- rasso, Mike Rounds, Lamar Alexander, EXECUTIVE CALENDAR John Boozman, John Cornyn. fice that fights lending discrimination, The senior assistant legislative clerk which was designed to make sure com- The PRESIDING OFFICER. By unan- read the nomination of Jonathan A. munities of color aren’t targeted with imous consent, the mandatory quorum Kobes, of South Dakota, to be United the most abusive loans, as they were call has been waived. States Circuit Judge for the Eighth before the financial crisis. She agrees The question is, Is it the sense of the Circuit. with Mick Mulvaney’s decision to stop Senate that debate on the nomination The PRESIDING OFFICER (Mrs. of Jonathan A. Kobes, of South Da- checks that ensure that banks don’t FISCHER). The Senator from Colorado. charge our military sky-high interest kota, to be United States Circuit Judge LAND AND WATER CONSERVATION FUND rates. She agrees with Mick for the Eighth Circuit, shall be brought Mr. GARDNER. Thank you, Madam Mulvaney’s decision to censor reports to a close? President. I come to the floor today to to Congress and give student loan com- The yeas and nays are mandatory talk about a very important conserva- panies a free pass when they rip off stu- under the rule. tion program—the Land and Water dents. She agrees with Mick The clerk will call the roll. Conservation Fund. This is one of the Mulvaney’s decision to load up the The senior assistant bill clerk called crown jewels of our Nation’s conserva- CFPB with more than a dozen political the roll. tion effort. The preservation, protec- appointees to muzzle the CFPB’s pro- Mr. CORNYN. The following Senator tion, and conservation of our public fessional staff and keep them from is necessarily absent: the Senator from lands is something we take great pride doing their job. It is hard to imagine a Oklahoma (Mr. INHOFE). in in the western part of our country stronger indication that Ms. Kraninger Further, if present and voting, the and, in fact, all four corners of our intends to continue Mr. Mulvaney’s Senator from Oklahoma (Mr. INHOFE) State, and this great country takes harmful trajectory of weakening CFPB would have voted ‘‘yea.’’ great pride in the Land and Water Con- to benefit big financial institutions at The yeas and nays resulted—yeas 49, servation Fund and the efforts that it the expense of consumers. nays 49, as follows: Ms. Kraninger has absolutely no ex- [Rollcall Vote No. 251 Ex.] pursues to maintain our public lands, to show our public lands, to allow the perience in consumer finance whatso- YEAS—49 ever, but she has been nominated to exploration and use of our public lands Alexander Gardner Perdue for generations to come. head up the Consumer Financial Pro- Barrasso Graham Portman tection Bureau because she is passion- Blunt Grassley Risch The Land and Water Conservation ately committed to keeping it from Boozman Hatch Roberts Fund has had over 40,000 projects in its Burr Heller Rounds existence, billions of dollars in con- leveling the playing field for working Capito Hoeven Rubio sumer spending driven by the out- families. No thanks. Cassidy Hyde-Smith Sasse We have a lot of hard decisions to Collins Isakson Scott doors—$2 billion in State and local tax Corker Johnson Shelby revenue driven by our love of the out- make in this body, but this one is a no- Cornyn Kennedy Sullivan brainer. Hard-working American fami- Cotton Kyl doors. Hiking, hunting, fishing, skiing Thune lies deserve a fighter as the Director of Crapo Lankford in the winter, rafting in the spring are Cruz Lee Tillis all tied to the incredible conservation the CFPB. When the CFPB fights for Toomey Daines McConnell work we do in these incredible pro- consumers, students can manage their Enzi Moran Wicker loans. When the CFPB fights for con- Ernst Murkowski Young grams through the Land and Water sumers, servicemembers can serve Fischer Paul Conservation Fund. their country without worrying that NAYS—49 Colorado’s outdoor recreation activi- ties have made it the destination, not their families will be crushed by debt. Baldwin Hassan Peters When the CFPB fights for consumers, Bennet Heinrich Reed just part of the year but all of the year, seniors can retire with dignity. When Blumenthal Heitkamp Sanders for people looking for adventure oppor- Booker Hirono Schatz tunities in our great outdoors. As I the CFPB fights for consumers, 29 mil- Brown Jones Schumer lion families get checks for over $12 Cantwell Kaine mentioned, we generate $28 billion in Shaheen consumer spending just in the State of billion from financial institutions that Cardin King Smith Carper Klobuchar Stabenow Colorado for our outdoors economy. cheated them—and that happened in Casey Leahy Tester The Land and Water Conservation just 6 years. Coons Manchin Udall Cortez Masto Markey Fund isn’t just about preserving land Working families need a CFPB Direc- Van Hollen Donnelly McCaskill because we want to conserve the land; tor who is a fighter with a proven Warner Duckworth Menendez it is about our economy—our recre- track record of making the consumer Durbin Merkley Warren marketplace safe and aggressively pur- Feinstein Murphy Whitehouse ation economy—and those $2 billion in suing companies that cheat their cus- Gillibrand Murray Wyden State and local tax revenues generated tomers. Kathleen Kraninger is not that Harris Nelson by that. It employs over 200,000 people person. Let’s do our job. Let’s reject PRESENT AND GIVING A LIVE PAIR in an outdoors economy. The Land and this nominee. Flake, against Water Conservation Fund is a critical part of that. We have this economy be- f NOT VOTING—1 cause of our public lands—the exten- CLOTURE MOTION Inhofe sive efforts we have undertaken to con- The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. The Sen- serve them in a condition that the next to rule XXII, the Chair lays before the ator from Arizona. generation will also get to enjoy. Senate the pending cloture motion, Mr. FLAKE. Madam President, on One of those tools, the Land and which the clerk will report. this vote, I have a pair with the Sen- Water Conservation Fund has lapsed. It The senior assistant bill clerk read as ator from Oklahoma, Mr. INHOFE. If he has been 60 days since the Land and follows: were present and voting, he would vote Water Conservation Fund expired. CLOTURE MOTION ‘‘yea’’. He is absent due to a family Those who would permanently reau- We, the undersigned Senators, in accord- emergency. If I were permitted to vote, thorize the Land and Water Conserva- ance with the provisions of rule XXII of the I would vote ‘‘nay’’. I therefore with- tion Fund cleared the committees of Standing Rules of the Senate, do hereby draw my vote. jurisdiction in both the House and the move to bring to a close debate on the nomi- The PRESIDING OFFICER. The Sen- Senate. The Land and Water Conserva- nation of Jonathan A. Kobes, of South Da- ator has that right. tion Fund authorization of full funding kota, to be United States Circuit Judge for The VICE PRESIDENT. On this vote has bipartisan support—Democrat and the Eighth Circuit. the yeas are 49, the nays are 49. The Republican support, House and Senate Mitch McConnell, Jerry Moran, Mike Crapo, Steve Daines, Richard Burr, Senate being equally divided, the Vice support. It is a program to sustain ac- James E. Risch, Thom Tillis, John President votes in the affirmative, and cess to land that would otherwise be Thune, Roger F. Wicker, John Hoeven, the motion is agreed to. cut off—public land held and owned by David Perdue, Pat Roberts, John Bar- The clerk will report the nomination. the American people that we don’t

VerDate Sep 11 2014 02:43 Dec 05, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD18\NOVEMBER\S29NO8.REC S29NO8 abonner on DSKBCJ7HB2PROD with CONG-REC-ONLINE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7211 have access to. We can’t get to that program, this chunk of land, this 12,000 taking a government salary, your job land, even though we own the land— acres was bought by the Nature Con- is to fight for the people who make this the American people own that land— servancy, one of our great conservation country work. because it is closed off. The Land and partners, and is going through the Wall Street, the big banks, and cor- Water Conservation Fund allows us to process to be incorporated into the porate special interests have their own get to that land, to recreate on that park using LWCF dollars. army of lobbyists that go in and out of land, and to hunt on that land. This is an important purchase for our the majority leader’s office. They are In the days leading up to the Land access to existing public lands—12,000 at their beck and call. and Water Conservation Fund expira- acres to our existing public lands. You Our job is to fight for everyday tion, a report was published by the can see the Great Sand Dunes in the Americans. That is why we created the Theodore Roosevelt Conservation Part- background there. This preserves ac- Consumer Financial Protection Bu- nership. It published some figures on cess to these public lands and keeps reau. The Bureau’s job is to crack down public land acreage that talked about beautiful lands conserved for healthy on Wall Street predators and people the inaccessible number of acres in the wildlife habitat. who cheat the system and shady lend- American public land system. It identi- Inholding purchases are not the only ers who prey on hard-working families. fied over 9.5 million acres in the United way the Land and Water Conservation The people in this town may have States that was inaccessible to the Fund benefits the outdoors, however. collective amnesia about what hap- public because of surrounding private The National Park Service, through pened a decade ago. They may have for- land. In Colorado alone, there are over the LWCF State and Local Assistance gotten the financial crisis. They may 250,000 acres of public lands that are Program, provides matching grants for have forgotten the housing crisis, but closed off to the public. That translates State and local park projects that families who lost their homes, lost to just shy of 400 square miles of public aren’t just inside national park bound- their retirement savings, lost their land in Colorado. There are 400 square aries. jobs, and lost their college funds miles of public land in Colorado—al- Just last week, three State parks in haven’t forgotten. most the size of Rocky Mountain Na- Colorado were awarded funding My wife and I live in Cleveland, OH, tional Park—that can’t be used to through the LWCF. Funds awarded to in ZIP Code 44105. My ZIP Code, a dec- hike, hunt, and fish because we can’t Crawford State Park will be used to ade ago, in the first half of that year, access it. We can’t access it to explore, complete a trail between the east and had more foreclosures than any ZIP to hope, to think, to dream—all of west sides of the park, including the Code in the United States of America. those things our public lands represent. construction of two prefabricated pe- I see every day the blight and the dam- The Land and Water Conservation destrian bridges. age that the foreclosure crisis brought Fund can be used to help access that Road improvements will be funded at to us, mostly by Wall Street. land, to find ways to utilize that land. Chatfield State Park, one of the most The Consumer Financial Protection The 400 square miles of property that heavily used State parks in Colorado, Bureau is supposed to look out for dan- the public owns can be utilized by the to include resurfacing damaged as- ger before it crashes down on these public through programs like the Land phalt, adding asphalt surface to a grav- hard-working families and robs them of and Water Conservation Fund. el access road, and adding bicycle their homes, jobs, and savings. The I want to talk about this picture lanes. first 6 years on the job, that is what right here. This is the Superintendent Finally, funding awarded through the public servants at the Consumer Finan- of the Black Canyon of the Gunnison LWCF to Cherry Creek State Park will cial Protection Bureau did. They re- National Park. allow them to resurface one-third of a turned $12 billion to 29 million Ameri- The Black Canyon of the Gunnison mile on the Parker Trail. cans who had been scammed, cheated, National Park had a Land and Water The Land and Water Conservation and ripped off. Conservation Fund-purchased acquisi- Fund isn’t just about the West. It is The Consumer Financial Protection tion. You can see it here on the rim of about the East as well. It is not just Bureau follows in this country’s proud the canyon. This was at risk of being about our national forests or BLM land tradition of progressive achievements: sold to a developer. The park is right or national parks, local parks, bike workers safety laws, overtime protec- here. This is the park. Imagine if this trails, and playgrounds. It is about tions, collective bargaining rights, So- rim of the canyon had been developed those little slices of heaven among the cial Security, Medicare, safe drinking what that would have meant. It would concrete and chaos of our urban cor- water laws—all of those things that have prevented this national park from ridors, as well. helped our country grow, that helped meeting the ideals and aspirations of I urge my colleagues to come to- build a middle class, that helped to en- what we believe it should be and what gether to find ways to permanently au- hance people’s quality of life. it means to be a national park. Imag- thorize and fully fund the Land and Over the last year, Mick Mulvaney ine the 2,500 acres on the rim of this Water Conservation Fund. turned an agency meant to stand on canyon inside the boundary of the na- Think about what our public lands the side of the American people into tional park being sold and what it mean to this country, and go back to yet another outlet for the financial in- could have done to this public land the words of Enos Mills, who was one of dustry to push its agenda. The same that surrounds it. the founding fathers of Rocky Moun- people who line up outside the major- The land acquired provides access to tain National Park, who said this: ity leader’s office down the hall and Gold Medal fly fishing on the Gunnison ‘‘Within National Parks is room—glo- the same lobbyists line up at the Con- River, creates potential opportunities rious room—room in which to find our- sumer Financial Protection Bureau for the National Park Service to pro- selves, in which to think and hope, to and push that same Wall Street agen- vide more family-friendly hiking near dream and plan, to rest and resolve. da. the visitor center, and serves as a po- These are our public lands. We have a Mick Mulvaney said to the workers tential source of water to the South chance to act before this Congress and servicemembers who are served by Rim, which will reduce the operational closes to reauthorize and to fully fund the Consumer Financial Protection Bu- costs of hauling water like they do now the Land and Water Conservation reau, to students and seniors who are to meet visitor and staff needs. It is a Fund. I am going to fight tooth and served by the Bureau: You are on your win for all involved. You can see right nail to make sure that we get that job own now. Don’t expect any protection there what it means. done. from us. In the next picture, we have the I yield the floor. It is not just an attack on consumers. Great Sand Dunes National Park. Near The PRESIDING OFFICER (Mr. It is the Americans who work hard, it is a 12,000-acre ranch, the Medano SASSE). The Senator from Ohio. whether they swipe a badge or punch a Zapata Ranch, which borders the Sand NOMINATION OF KATHLEEN L. KRANINGER clock, whether they work for salary, Dunes on three sides. It has been 60 Mr. BROWN. Mr. President, our job whether they work for tips, whether days since the Land and Water Con- in this body, in public service, is to they are raising children or taking care servation Fund has expired, but this fight for the people we serve. If you are of an aging parent. Americans work

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.021 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7212 CONGRESSIONAL RECORD — SENATE November 29, 2018 hard to earn a paycheck, buy a home, We know exactly whose side Ms. seeing the market for consumer finan- send their kids to college, and save for Kraninger will be on. She is with Mick cial products and services, enforcing retirement. Every day they find them- Mulvaney, which means she is with many Federal consumer financial laws, selves under attack from scam debt Wall Street, with the payday lenders, and protecting consumers. The Bu- collectors and predatory payday lend- with the shady special interests. She is reau’s supervision, regulation, and en- ers, or they see their pensions being not on the side of millions of Ameri- forcement decisions have an immense raided by hedge fund billionaires. cans—the 29 million Americans who impact on consumers’ access to critical When we let financial predators strip have saved $12 billion because the Con- financial products and services. away at the people in ZIP Code 44105— sumer Financial Protection Bureau ex- At her nomination hearing, Ms. strip away Americans’ hard-earned dol- isted. She is not on their side. She is Kraninger reiterated her dedication to lars through fees and scams—we under- not on the side of her neighbors and my fulfilling the Bureau’s congressional mine that dignity of work, undermine neighbors—her neighbors in her home mandate of ensuring all consumers the dignity people should have when State and in my home State of Ohio have access to markets for consumer they retire, and undermine the dignity who lost their homes, their jobs, and financial products and services that are of work that makes this country great. their retirement savings to Wall Street fair, transparent, and competitive. How do you look Americans in the greed. At her hearing, Ms. Kraninger identi- eye who are working that second or She is not on the side of people who fied what her first four priorities would third shift or starting a small business work for a living. She is on the side of be if she were to be confirmed: ensuring if their government is going to stand big corporations like GM, which is the Bureau is fair and transparent, in- by and line up with criminals who shutting down its operations in cluding the use of robust cost-benefit fleece people, line up with Wall Street, Lordstown, presumably, costing 5,000 analysis, notice and comment rule- line up with shady lenders? people their jobs, and moving some of making, and tailoring regulations to It comes down to whose side you are those jobs overseas. She is on their ensure that consumers are not unnec- on. side. essarily and smaller companies are not We know that Mick Mulvaney, who She has no experience in banking, fi- disproportionately harmed; improving has been running the Consumer Finan- nance, or consumer protection. Her one collaboration with other financial reg- cial Protection Bureau—sort of moon- and only qualification is that she will ulators in the States on supervision lighting because he has another Fed- be a rubberstamp for special interests. and enforcement; limiting data collec- eral job—has been on the side of Wall I call on everybody in this body—I tion to only what is necessary and Street. call on the President: Let’s find some- strengthening its protection; and mak- Now we have to ask ourselves about body who will take this job seriously, ing sure the Bureau is held account- the nominee for this job, Kathy who will fight for the people who make able. Kraninger: Whose side has she been on? this country work. She was also forceful in saying: We tried to get answers from Ms. I suggest the absence of a quorum. Nothing is more destructive to competitive Kraninger. In her job at the Office and The PRESIDING OFFICER. The markets and consumer choice than fraudu- lent behavior. Under my stewardship, the Management Budget, she oversaw the clerk will call the roll. The legislative clerk proceeded to Bureau will take aggressive action against agencies that ripped children from call the roll. bad actors who break the rules by engaging their parents at the border. She was in- Mr. CRAPO. Mr. President, I ask in fraud and other illegal activity. volved in that. unanimous consent that the order for It is good that Ms. Kraninger plans to We asked Ms. Kraninger to show us the quorum call be rescinded. prioritize limiting data collection and what her role was in that policy. She The PRESIDING OFFICER. Without strengthening the protection of con- didn’t defend it. She just refused to re- objection, it is so ordered. sumers’ sensitive, personal financial spond. She came in front of the com- Mr. CRAPO. Mr. President, I rise to information. mittee. She wanted this nomination. speak in support of the nomination of I have long been critical of big data She wanted to be confirmed. She want- Kathy Kraninger to be Director of the collection activities by private organi- ed this promotion, and she would not Consumer Financial Protection Bu- zations and Federal agencies, particu- even answer questions. She wouldn’t reau. larly that of the Bureau and its en- respond to letters about her involve- Ms. Kraninger has had a distin- croachment into the private financial ment. guished career in public service, with lives of Americans across this country. We asked Ms. Kraninger whose side exposure to a diverse set of Federal The Bureau’s data collection is espe- she was on after a devastating hurri- agencies. She brings significant leader- cially concerning in light of the num- cane left millions of American citi- ship experience at Federal agencies on ber of high-profile cyber attacks in re- zens—American citizens, don’t forget— Capitol Hill, with particular expertise cent years and news about how outside in Puerto Rico without power, without in the budget and appropriations proc- groups have collected private informa- water, without hospital, without shel- esses. tion from Facebook users. ter. We asked her to show us who she She has served as Associate Director It is important that the Bureau, was fighting for when the government for General Government at the Office other Federal agencies, and private or- failed to find relief. She didn’t deny of Management and Budget since ganizations comprehensively review anything. She refused to answer. March 2017. In that capacity, she over- their data collection processes and nar- She wants a promotion. She wants sees nearly $250 billion in the budg- row and enhance those processes to this job. She refused to answer ques- etary resources for seven Cabinet De- better protect consumers’ personal in- tions that we asked, that Senator partments, and 30 other Federal Agen- formation. WHITEHOUSE or I or others asked on be- cies, including the Bureau. Big data and privacy issues will be a half of the American people. In addition, she serves as OMB’s prin- major priority for the Banking Com- Then we asked whose side she would cipal policy official for issues related mittee in this next Congress. There is be on if she were head of the Consumer to the Treasury Department, the De- growing support to give people the nec- Financial Protection Bureau. Would partment of Housing and Urban Af- essary tools to protect their privacy she be on the side of all the lobbyists fairs, and Federal financial regulators. and opt out of certain data collection. that lined up outside Majority Leader Prior to her time at OMB, Ms. I am confident that Ms. Kraninger is MCCONNELL’s office or on the side of Kraninger served in leadership posi- well prepared to lead the Bureau in en- those who have been harmed? Would tions at the Department of Transpor- forcing Federal consumer financial she be on Mick Mulvaney’s side or fight tation and the Department of Home- laws, in protecting consumers’ sen- for workers and servicemembers and land Security, as well as having served sitive personal financial information, students and seniors? It is one of the on the staff of several congressional and in increasing its transparency and questions she did answer. committees, including on the Senate accountability. In fact, many of these She said: ‘‘I cannot identify any ac- Appropriations Committee. issues were key points of discussion tions that Acting Director Mulvaney As Director of the Bureau, Ms. during Ms. Kraninger’s nomination has taken with which I disagree.’’ Kraninger would be charged with over- hearing.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.022 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7213 Senator TILLIS asked Ms. Kraninger Bureau will help provide regulatory I continue to support a bipartisan about the Bureau’s immense power and certainty and clarity while providing commission instead of a single Direc- level of accountability. Ms. Kraninger important leadership and long-term tor, a congressional funding mecha- told the Banking Committee: ‘‘I have focus that will allow credit unions to nism, and a safety and soundness noted that my focus is on running the continue to meet the needs of their check. It would also be appropriate to agency as Congress established it, but, members.’’ give the Bureau its own inspector gen- certainly, working with Members of Neil Bradley, the executive vice eral. Congress, I’m very open to changes in president and chief policy officer of the For the past year, the Bureau has the structure that will make the agen- U.S. Chamber of Commerce, said: ‘‘Ms. been led by an Acting Director. It is cy more accountable and transparent.’’ Kraninger’s experience will serve her time for the Senate to confirm a per- In responding to a question that Sen- well as the Director of the Bureau, es- manent Director. I support Ms. ator TOOMEY posed about the Bureau’s pecially as it aims to be a more trans- Kraninger, and I urge my colleagues to potential impact on small businesses, parent and accountable agency.’’ join me in voting yes on her nomina- Ms. Kraninger said: Richard Hunt, the president and CEO tion. I absolutely believe that there is a limited of the Consumer Bankers Association, I yield the floor. intent for the Bureau to be engaged in small said that until the Bureau moves from The PRESIDING OFFICER. The Sen- business oversight or engagement there. So a single Director to a bipartisan com- ator from Kansas. that’s something that should be limited. mission, ‘‘it is imperative the Bureau Mr. MORAN. Mr. President, I ask Senator MORAN asked Ms. Kraninger have a permanent and full-time Direc- unanimous consent that the vote about providing greater clarity to com- tor to fulfill its mission, and we look scheduled for 1:45 p.m. commence now. panies that are overseen by the Bu- forward to working with Ms. Kraninger The PRESIDING OFFICER. Is there reau, to which she responded: on commonsense regulations that pro- objection? I completely agree that it is critical to tect consumers while also allowing a Without objection, it is so ordered. have clear rules so that lenders, creditors, well-regulated banking system to serve CLOTURE MOTION and consumers themselves know what the families, small businesses, and local The PRESIDING OFFICER. Pursuant rules are, that they are not, somehow, told communities. CBA is grateful to Act- after the fact that they broke a rule they to rule XXII, the Chair lays before the weren’t even aware of or that it had, some- ing Director Mick Mulvaney for his Senate the pending cloture motion, how, changed without any proper notice and leadership at the agency and for his which the clerk will state. comment process, to really understand the willingness to listen to the opinions of The legislative clerk read as follows: impacts and the opportunity to tailor. all stakeholders.’’ The Bureau was the most polarizing CLOTURE MOTION In addition, numerous key stake- We, the undersigned Senators, in accord- holders have written to the Banking part of Dodd-Frank, and it is not sur- prising that the confirmation votes of ance with the provisions of rule XXII of the Committee in support of Ms. Standing Rules of the Senate, do hereby Kraninger’s nomination and to empha- then-nominee Richard Cordray and move to bring to a close debate on the nomi- size the positive attributes that pre- now Kathy Kraninger are contentious. nation of Kathleen Laura Kraninger, of Ohio, pare her to lead the Bureau. Ms. Some of Ms. Kraninger’s opponents to be Director, Bureau of Consumer Finan- Kraninger has received widespread sup- have raised questions about her poten- cial Protection for a term of five years. port from community banks and credit tial involvement with respect to the Mitch McConnell, Jerry Moran, Mike Crapo, Steve Daines, Richard Burr, unions, consumer bankers, housing or- administration’s zero-tolerance policy and the administration’s response to James E. Risch, Thom Tillis, John ganizations and Realtors, taxpayer ad- Thune, Roger F. Wicker, John Hoeven, vocacy groups, and auto dealers. Hurricane Maria. During her nomination hearing, I David Perdue, Pat Roberts, John Bar- Rebeca Romero Rainey, the president rasso, Mike Rounds, Lamar Alexander, and CEO of the Independent Commu- asked Ms. Kraninger to what extent, if John Boozman, John Cornyn. any, she was involved in the develop- nity Bankers of America, said: The PRESIDING OFFICER. By unan- ment of the administration’s zero-tol- I believe she understands the critical role imous consent, the mandatory quorum erance policy or the administration’s played by community banks in creating ac- call has been waived. response to Hurricane Maria. She re- cess to consumer and small business credit The question is, Is it the sense of the and supporting prosperity in American com- sponded: ‘‘I had no role in setting the Senate that debate on the nomination munities. This perspective will strengthen zero-tolerance policy.’’ the Bureau’s rulemaking. I also believe she She also said, with respect to Hurri- of Kathleen Laura Kraninger, of Ohio, has a strong commitment to making the Bu- cane Maria, that in the Office of Man- to be Director, Bureau of Consumer Fi- reau accountable, effective and efficient. agement and Budget, including herself, nancial Protection for a term of five Following Ms. Kraninger’s being re- ‘‘we have a role in reviewing disaster years, shall be brought to a close? ported favorably from the Banking declaration recommendations that go The yeas and nays are mandatory Committee, Rob Nichols, the president to the President. So we are involved under the rule. and CEO of the American Bankers As- from that point. We also put together, The clerk will call the roll. sociation, said: at the Office of Management and Budg- The legislative clerk called the roll. Ms. Kraninger detailed her substantial et, the supplemental requests that the Mr. CORNYN. The following Senator government and management experience administration puts forward to the Hill is necessarily absent: the Senator from that would help her lead the Bureau, and she when they are necessary. Clearly, addi- Oklahoma (Mr. INNOFE). committed to satisfying the Bureau’s man- tional resources were needed [last fall], The PRESIDING OFFICER (Mr. date of ensuring consumers have access to fi- PERDUE). Are there any other Senators nancial products and services that are ‘‘fair, and the Office of Management and Budget supported the President in put- in the Chamber desiring to vote? transparent and competitive.’’ We welcome The yeas and nays resulted—yeas 50, that commitment and her pledge to main- ting forward those requests that Con- tain transparency and accountability if con- gress considered and obviously re- nays 49, as follows: firmed. sponded to in providing the resources [Rollcall Vote No. 252 Ex.] Jim Nussle, the president and CEO of necessary.’’ YEAS—50 the Credit Union National Association, Since Director Cordray’s departure, I Alexander Daines Johnson said that until the Bureau’s structure know some of my colleagues on the Barrasso Enzi Kennedy Blunt Ernst Kyl moves from a single Director to a bi- other side of the aisle have been frus- Boozman Fischer Lankford partisan commission, ‘‘consumers and trated by the Bureau under Acting Di- Burr Flake Lee regulated entities will be best served rector Mulvaney’s leadership. Given Capito Gardner McConnell by a Senate-confirmed, permanent Di- changes at the Agency over the last Cassidy Graham Moran Collins Grassley Murkowski rector leading the Bureau.’’ year and frustration felt on both sides Corker Hatch Paul Dan Berger, the president and CEO of of the aisle, now is an appropriate time Cornyn Heller Perdue the National Association of Federally- to reconsider the fundamental struc- Cotton Hoeven Portman Crapo Hyde-Smith Risch Insured Credit Unions, said: ‘‘A Senate- ture of the Bureau to increase its ac- Cruz Isakson Roberts confirmed, full-time Director of the countability and transparency.

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.024 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7214 CONGRESSIONAL RECORD — SENATE November 29, 2018 Rounds Shelby Toomey I worked to hold the big banks ac- tance of an agreement on the farm bill. Rubio Sullivan Wicker countable for the damage they did to This is something that has been long in Sasse Thune Young Scott Tillis our State and to help people stay in coming. I want to thank Chairman NAYS—49 their homes. Meanwhile, the Federal ROBERTS and Ranking Member STABE- regulators were asleep at the wheel. NOW for their work, as well as the Baldwin Hassan Peters Bennet Heinrich Reed They were letting the big banks write Members in the House, including my Blumenthal Heitkamp Sanders their own rules and defraud consumers colleague from Minnesota, Republican Booker Hirono Schatz until the markets came crashing down. leader COLLIN PETERSON. He will be Brown Jones Schumer The CFPB was designed to close the taking over the Ag Committee in the Cantwell Kaine Shaheen Cardin King leadership gap at the Federal level, to House next year. This is a bill that is Smith stand up to predators like Wells Fargo, Carper Klobuchar Stabenow so important to rural America and in Casey Leahy Tester and protect the rights of American peo- my State. Coons Manchin Udall ple. To ensure the CFPB continues its We have seen low commodity prices Cortez Masto Markey Van Hollen Donnelly McCaskill mission of looking out for consumers’ for too long. As a member of the Ag Duckworth Menendez Warner best interests, we need strong leader- Committee, I know the last farm bill— Durbin Merkley Warren ship at the Agency. We need someone Whitehouse the one we are operating under cur- Feinstein Murphy with the right experience, the right Gillibrand Murray Wyden rently—has some things for a strong Harris Nelson qualifications, and the right mindset. safety net, but this farm bill—the new We need someone willing to stand up NOT VOTING—1 tentative agreement—will allow us to not only to bad actors in the financial make some changes to the way the Inhofe industry but also to President Trump. data is collected, which will be helpful The PRESIDING OFFICER. On this The administration has already for our farmers with crop insurance. vote, the yeas are 50, the nays are 49. stripped critical enforcement powers We have some improvements in dairy. The motion is agreed to. away from the CFPB. It has repealed We have some good work that is going f rules that govern predatory payday on with regard to conservation and EXECUTIVE CALENDAR lenders and shut down an office that fo- some changes there. cuses on protecting students from abu- As you know, our Senate bill got 86 The PRESIDING OFFICER. The sive student loans. We can’t afford to clerk will report the nomination. votes. We don’t even get that for a go any further down this path. volleyball resolution around here. It The bill clerk read the nomination of President Trump’s nominee for CFPB Kathleen Laura Kraninger, of Ohio, to was a bipartisan bill, and much of that Director, Kathy Kraninger, is unquali- bill, I know, will be contained in this be Director, Bureau of Consumer Fi- fied to lead this Agency. In her testi- nancial Protection for a term of five tentative agreement. ‘‘Tentative’’ is mony before the Senate Banking Com- with a small ‘‘t,’’ and the only reason years. mittee, on which I sit, she failed to The Senator from Nevada. we are saying that is because we have demonstrate an understanding of the to get the printed version out, and my Ms. CORTEZ MASTO. Mr. President, CFPB’s core functions or even a will- I rise to speak out in opposition to the hope is, we can get this done in the ingness to uphold its central mission. next week. We do not want to go into nomination of Kathy Kraninger to Like many of President Trump’s next year without a farm bill, with serve as the Director of the Consumer nominees, Kraninger seems handpicked what we are seeing with the tailwinds Financial Protection Bureau. to undermine the Agency’s mission. from these tariffs, with what we are The CFPB is a consumer’s watchdog She testified to this, and it appeared at seeing with diseases lurking out there. on Wall Street and the big banks. It the hearing that her main goal was to In Minnesota and in other States in the was created in the aftermath of the fi- be a faithful disciple to Mick Midwest, we just got through avian flu nancial crisis to protect Americans Mulvaney—the architect behind this a few years back, and every so often we from predatory and abusive practices administration’s plan to destroy the have seen some outbreaks of that. We and ensure that financial institutions CFPB from the inside out, and she will lived through H1N1. We have a really play by the rules. continue crippling its power that is es- good provision in here that I authored Since 2010, the CFPB has inves- sential to protecting American con- with Senator CORNYN for a vaccine tigated and held accountable abusive sumers. student loan companies, predatory pay- The next Director of the CFPB will bank. So there is a lot of important, steady day lenders, and fraudulent multi- be called upon to make a choice, to policy in the farm bill to show rural national corporations—just to name a stand aside and allow powerful special America we have their backs and really few. It has also protected our Nation’s interests to call the shots in our coun- to show the world that at a time of veterans and Active-Duty servicemem- try’s financial system or to fight for great global competitiveness and with bers from targeted scams and illegal families who want a fair and affordable issues for our farmers with everything debt collection practices. loan to buy a car, a home, or college from weather to prices, to global com- The CFPB has secured over $12 bil- education for their children or a bank petition, we want to make sure Amer- lion in relief for Americans. Just this account and credit card without costly ica stands by our farmers, and this past April, the Consumer Financial fees or who are simply trying to make farm bill is a sure way to do it. Protection Bureau sued Wells Fargo for ends meet. I am very excited, as a member of the creating millions of fake accounts, de- Kathy Kraninger can’t be relied upon Ag Committee, that we are close to re- stroying credit scores, and forcing mil- to make the right choice, and she does leasing some language here and look lions of customers to pay phony pen- not have my vote. I encourage my col- forward to getting this done imme- alties and fees. leagues to vote against this nomina- diately. The people at the CFPB work every tion. We have all litigated these issues single day to make the financial sys- I yield the floor. tem safe and fair for hard-working fam- I suggest the absence of a quorum. over the last year. It is not like some ilies. We can’t go back to the way The PRESIDING OFFICER. The new idea had been airlifted into this things were before the CFPB was cre- clerk will call the roll. bill. Literally, every single issue—from ated. We can’t go back to a time when The bill clerk proceeded to call the the nutrition discussions to the con- there was no strong consumer advo- roll. servation issues, to what we have seen cates at the Federal level. Ms. KLOBUCHAR. Mr. President, I on the farm programs, to rural eco- I remember this time all too well. I ask unanimous consent that the order nomic development, to rural was Nevada’s attorney general when for the quorum call be rescinded. broadband—has been discussed at the markets crashed in 2008. The The PRESIDING OFFICER. Without length, and we are ready to go. Let’s subprime mortgage crisis hit Nevada objection, it is so ordered. get this bill done. harder than any State in the country. FARM BILL CLIMATE CHANGE We had the highest foreclosure rate in Ms. KLOBUCHAR. Mr. President, I Mr. President, the second reason I the Nation for 62 months straight. first wanted to comment on the impor- am here is to talk about the urgency of

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.002 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7215 addressing climate change. This does Remember, this report is not some- We cannot ignore the dire warnings fit into the farm bill because I am glad thing that came out of some think of the report, and I appreciate that the the farm bill is a source of so many of tank. It is not a report that came out administration put out this report. I our conservation programs for our of some congressional committee. It is wish they had not done it on a Friday country. Also, the farm bill is part of not a report that came out of some uni- afternoon, but it kind of backfired on economic development across our versity. No, no. This is a report that them. country. came out of the Trump administration. We cannot ignore the climate Climate change is going to be a chal- All 11 Agencies were involved in this changes already happening around us lenge for everyone. Certainly, from the report. or that devastating consequences for last report we just received on the Fri- The Midwest alone in this report by our country exist, and we are going to day of the holiday weekend—and I have the Trump administration is predicted see more of them in the years ahead. a feeling some people thought that was to have the largest increase in extreme We must seize this opportunity to en- a good day to bury it. Well, it didn’t temperature, will see an additional sure the health of the American public, exactly work. Given that it was a slow 2,000 premature deaths per year by the to support our businesses and farmers, news day, and it ended up on the front year 2090, mosquito and tickborne dis- and to make our economy more resil- page of every major newspaper and eases—which was already seen in my ient. leading every major newscast, people State—will spread, and food and water We must act. The American people noticed. They noticed because this re- safety will be affected. know that. I hear about climate wher- port wasn’t just about numbers and As I noted, we should also be expect- ever I go in my State, from hunters percentages and all those kinds of ing worsening disasters. Anyone who who are concerned about tickborne ill- things that our scientists have long watched that horrific tape of those par- nesses, who are concerned with what agreed on when it comes to global ents trying to get their kids out of that we are seeing with things we have warming; this was about the impact. wildfire in Northern California, when it never seen go into our deer population, The reason it is good to talk about suddenly came up faster than could be to business leaders at the Port of Du- the farm bill and then this is, one of expected, trying to calm—a dad trying luth, to students at the University of the major impacts contained in that to calm his child down as he drove Minnesota. report was the impact on farmers in through a raging fire—watch that tape. Increasingly warmer temperatures the Midwest where—as predicted in Go home and watch that tape because are having effects in Minnesota. Lyme this report, issued by this administra- that tape will remind you of what we disease has spread farther north. I bet tion with Agencies across the board— are dealing with: wildfires, flooding, everyone in my State knows someone you would see acres and acres and hurricanes. who got Lyme disease. Sometimes they acres of land, with billions of dollars in Wildfire seasons, already longer and catch it right away, and it goes away; losses, that wouldn’t be able to be more destructive than before, could sometimes it causes a lifetime of trou- farmed for corn and for other impor- burn up to six times more forest area bles. Lyme disease has been spreading tant crops in America unless we act. This was yet another dire warning annually by 2050 in parts of the United farther north. Aspen forests are shrink- about the cost of inaction on climate States. These wildfires will have a ing. Moose range in my State is declin- change, and it was in the form, of drastic effect on air quality and health, ing. Thirty-seven percent more rain course, of the fourth National Climate particularly on the elderly, pregnant falls as a result of mega-rainstorms Assessment. This report is simply the women, children, and those already than we had ever seen just 50 years ago. latest in a line of recent studies, in- suffering from heart and lung diseases. The ragweed pollen season has ex- cluding the U.N. report—what was re- The report also makes it clear that tended 3 weeks in the Twin Cities in leased last October. The administra- our farmers will face extremely tough just the past 20 years, making people tion released this new report, as I times. Crops will decline across the who suffer from allergies notice it first. noted, the day after Thanksgiving, just country due to higher temperatures, This is in stark contrast to com- hoping Americans were too busy with drought, and flooding. Agricultural ments made by some who still have their families out shopping, but no one yields could fall to 1980 levels within a suggested that climate change should could not notice this report—1,700 few decades. That is despite all the be debated. pages produced by 13 Federal Agencies. science and work we have done to in- Well, even in this Chamber, 98 to 1 or It was the product of 1,000 people, in- crease those yields. 97 to 1, we voted a few years ago that, cluding 300 leading scientists, including In parts of the Midwest, farms will be in fact, climate change is occurring. officials from Federal, State, and local able to produce less than 75 percent of We even acknowledged it finally, but government, Tribes, national labora- the corn they produce today, and the guess what. We are a little behind the tories, universities, and the private southern part of the Midwestern region people who already notice it hap- sector. could lose more than 25 percent of its pening. These 300 scientists concluded that, soybean yield. Over the past week, unfortunately, consistent with previous reports—and This is not a report that came out of the President has repeatedly cast by the way, I remember hearing NASA my looking at some books. No, no, no. doubt on his own administration’s re- telling us what would happen. I remem- This is a report that came out of 1,000 port on climate change. These are peo- ber our military leaders telling us what people who work for the Trump admin- ple who work for him. These are Agen- would happen—predicting to us that we istration. This is an administration re- cies headed up by his own Commis- would see rampant wildfires in the port. sioners who issued this report. West. That is what we are seeing. Pre- The report also emphasizes that our I am a former prosecutor, and I be- dicting to us 10 years ago that we economy could lose hundreds of bil- lieve in evidence. As this report shows would see a warming of the ocean that lions of dollars—or more than 10 per- us, the facts and the science can’t be would result in tougher and bigger and cent of our GDP—by the turn of the more clear. This report, put out by the more damaging hurricanes—exactly next century. That is more than double President’s Agencies, notes that the what we are seeing. the loss of the great recession a decade United States is already 1.8 degrees These scientists concluded that, con- ago. warmer than it was 100 years ago and sistent with all of these predictions Everyone knows someone who lost that the seas—the oceans that sur- over the last decades, that we must their job during that recession. Every- round the country—are an average 9 drastically reduce our greenhouse gas one knows someone who lost their inches higher and climbing. The recent emissions to ensure the health of the house or went into debt, right? Well, U.N. report warned that the atmos- American public, the livelihood of our think about that doubled—more than phere will warm up by as much as 2.7 farmers and ranchers, and the strength 10 percent of our GDP. Again, not a re- degrees by 2040 and describes a world of our economy. port by a liberal think tank, not a re- we already see of worsening wildfires The report states that climate port by a congressional subcommittee; and natural disasters. change will have serious health con- this is the report and prediction of the As the NASA website has said, most sequences for the American people. Trump administration. of the warming occurred in the past 35

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.029 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7216 CONGRESSIONAL RECORD — SENATE November 29, 2018 years, with the 5 warmest years on That is what this is about, and that California. It is right there as we see record taking place since 2010. is what we need to do to move forward. the damage the hurricanes are doing to Every week brings fresh evidence of My State has been a leader on this. the east coast. It is right there in the the damage. My State of Minnesota With a Republican Governor, a few Midwest, when we see rampant flood- may be miles away from rising oceans, years back, and a Democratic legisla- ing, ticks, Lyme disease, and things but the impacts in my State and in the ture, we were able to pass a renewable that we never used to see in Minnesota. Midwest are not less of a real threat. electricity standard that was ahead of The evidence is right before our eyes. Climate change isn’t just about melt- its time. Already today, 7 years ahead Let’s believe it and do something about ing glaciers and rising ocean levels, of schedule, 25 percent of Minnesota’s it. and we have certainly seen that with electricity generation comes from re- Thank you, Mr. President. the hurricanes, but we have also seen newable sources. That is clearly part of I yield the floor. flooding like we have never seen before our way forward but not the only way The PRESIDING OFFICER. The Sen- in Duluth and places across Minnesota. forward. ator from Kansas. So we know it is happening. The Guess what. We did it in conjunction DEPARTMENT OF VETERANS AFFAIRS question is, What do we do about it? with our farming communities with an Mr. MORAN. Mr. President, I rise Now that the President’s own Agencies agreement, as well, on biofuel, and we this afternoon to discuss the Depart- have said it is happening, what do we did it across the aisle on a bipartisan ment of Veterans Affairs and this De- do about it? basis. We can do that in this Chamber partment’s continued challenges with Well, what I would like to hear, ac- right now if we have the will to get it properly implementing the letter of knowledging this new report about the done. the law. impacts of climate change, not just the As last week’s report makes clear, in- As we know, the VA has faced signifi- nerdy numbers of climate change—now action is not an option—not for our cant difficulties and change over the that we know the impacts, let’s do economy, not for our farmers, not for past 5 years—issues that have spurred something about it. our environment and our country, and Congress to act. In this Congress we No. 1, the clean power rules. When certainly not for the American people. have passed multiple pieces of legisla- those were first put out a few years Military and security experts have re- tion designed to reform numerous poli- ago, I think the business community at minded us that climate change is a cies, from accountability to education first thought they were going to be threat to our national security, in- under the GI bill to transforming worse than they were. They were a rea- creasing the risk of conflict, humani- healthcare. sonable path forward, giving some ex- tarian crisis, and damage to critical in- Recent news has put a spotlight on ceptions and more time to small power frastructure. the VA struggles to implement the companies. I know in my State, Min- As you look at some of the refugees Forever GI Bill Act, which has resulted nesota Power, Xcel Energy—in our that have been moving in places such in delays or improper accounting of State, our major power companies were as Europe and the people coming up veterans’ earned educational benefits. ready to work with those rules. While from Africa, a lot of that is because Financial problems with their earned our small power companies were con- they used to engage in subsistence benefits is unacceptable and causes an cerned, we were working with them to farming and they can’t do it anymore. unnecessary strain on veterans as they make sure there were exceptions and Yes, we need to adapt with science, pursue higher education. It is critical that they had a path forward to make and we need to adapt with cutting-edge that the VA fix this problem. This sure they could meet the goals by speeds in farming, but we also need to should not be a matter of ‘‘if’’ but working with the big power companies. adapt by putting into place policies ‘‘when’’ the VA fixes this issue and pro- We already had businesses in my that bring down our greenhouse gas vides accurate earned benefits to de- State, like Cargill, that were out front numbers so we have a fighting chance serving veterans. Based upon these on this, that saw the risk to their con- of leaving this Earth to our kids and struggles of implementing the Forever sumers and their business if we do our grandkids in a way that they can GI Bill Act, I have concerns that simi- nothing about climate change inter- live a life like we have enjoyed. lar challenges will occur in the imple- nationally. So we were ready to roll Despite more severe weather, heat mentation of the VA MISSION Act, with those clean power rules, but they waves that can reduce our water sup- which was signed into law in June of got reversed by this administration. I ply, and extreme rainfall that can dam- this year and is the most trans- call on them to go back at it and put age critical infrastructure, this coun- formative legislation for the VA those rules out again. Let’s get them try has always gotten ahead of chal- healthcare system in over 30 years. done. lenges. I ask my friends on the other We are closing in on a 6-month mark Secondly, gas mileage standards. side of the aisle to remember the Re- before the VA MISSION Act must be That is something else we should be publican Party of Teddy Roosevelt, the implemented. June 6, 2019, will be when going back to. We had an agreement Republican Party of conservation, the the new community care program with the auto companies just a few Republican Party that sought to con- under this act takes effect. This law re- years ago to get that done, but instead, serve our resources and not use them quires several major critical reforms to once again, they went backward. all ourselves so that they can leave the VA healthcare system. I want to Third, the international climate something to other people. That is quickly outline some of the biggest change agreement. Every other coun- what we have to find to get this done. changes that the VA is required by law try in the world has pledged to be in I will end by quoting Pope Francis. to implement. that agreement. We had pledged to be His visit to this Congress and to Wash- First, the VA must establish new eli- in the agreement, and then the admin- ington was something that I will never gibility criteria for veterans to receive istration said we were going out of that forget. One of the things he said is this: care in the community, and that cri- agreement. At the time they did that, ‘‘What kind of world do we want to teria must be based on clearly defined, the only two countries that weren’t in leave to those who come after us, to easy-to-understand access standards. the agreement were Nicaragua and children who are now growing up?’’ The VA must establish and apply qual- Syria, and now they have joined the That is a pretty good standard. ity standards to make certain that all agreement. Think in your life of those kids whom VA and community care facilities are I remember a time when the United you love or your neighbor’s kids or providing our veterans with the high- States was a leader in innovation and a your grandkids, and ask yourself what est level of care—the care they deserve. leader in responding to the challenges, kind of world you want to leave them. The VA must create thorough and re- not just in our country but our world. This is no longer just some hypo- liable processes for the VA and commu- We should be leading because otherwise thetical thing. It is right there in the nity care partners to coordinate care other countries are going to get ahead report by the Trump administration. It for a veteran who is receiving care in of us when it gets to innovative tech- is right before our eyes in the videos the community to make certain that nology to meet these climate change we see online of that dad driving his the burden is no longer on the veteran and energy challenges of our time. kid through a wildfire in Northern and accountability is instead on those

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.030 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7217 who are charged with providing the ily moved to ‘‘The Good Life’’ to raise where they renewed their vows in front care. both Matt and his newly born sister of their family and friends. Following The VA must start to plan and prop- Kellie. the wedding, Jaimie moved to Cali- erly project their healthcare expenses. As Matt grew, he made many friends, fornia to live at Camp Pendleton with This requires the VA to establish a loved to play outside, and enjoyed Matt. Without the distance, she and well-vetted strategic planning docu- hunting and fishing. Many times Matt Matt had more time to spend together, ment that better forecasts healthcare could be found by his dad’s side on his and they enjoyed socializing with their demands and what the VA and the equine veterinary visits. other friends in the Marine Corps. community can supply to our Nation’s His favorite furry companion was his In February of 2004, Matt deployed to veterans. curly-haired golden retriever Rocket, Iraq for the second time and Jaimie I certainly understand how large of with which he spent a lot of time and moved back to Nebraska to be closer to an undertaking this is. Implementation which he taught to play fetch. their families. of the MISSION Act, while it is impor- Matt loved sports and participated in As a squad leader, Matt was very tant, is also a challenge. There are many sports growing up, including aware of and concerned about the dan- many within the VA who share our de- baseball, basketball, wrestling, track, gers of his second deployment. On May sire to transform the VA’s healthcare and football, but his favorite of all was 26, 2004, Matt was leading his squad of system so it can continue to provide football. He was a devout Nebraska several other marines and sweeping an care for veterans for generations to Husker and Chicago Bears fan. area in the Al Anbar Province of Iraq come. There are many at the VA who Matt and his wife Jaimie began dat- for explosive devices and repairing want to see this done well and done ing while they attended Palmyra Jun- major roads. This particular area had right, but I do know it will take time. ior-Senior High School in Otoe County. seen a dramatic increase in violence Change is not something that occurs in Jaimie remembers Matt wearing his and demonstrations at the time, and a day or a month or even a year, and football jersey on game days and their the Province was in full-scale revolt. the changes required here are fraught dates at the movies, the mall, and During the sweep, Matt and two of his with difficulty if not done the correct homecoming dances before they were men, including Shelton, NE, native way. even old enough to drive. Kyle Codner, were killed when an IED The key to making certain that After graduating high school in 1998, was detonated. change is taking place is how you re- Matt attended Nebraska Wesleyan Uni- Matt warned his squad to get back spond to those difficulties. The VA versity where he studied athletic train- and take cover but was unable to get leadership can learn from the past and ing and criminal justice. He also out of range himself. The remainder of change the culture and complacency played on the football team and was an his squad survived, with one person and excuses. We no longer should be avid weightlifter. suffering shrapnel wounds. asking why but why not. In 2000, Matt joined the U.S. Marine Cpl Matt Henderson’s memorial serv- The VA will be testifying next week Corps because he was attracted to the ice was held at the First Plymouth on the status of the VA MISSION Act discipline and direction that it offered. Church in Lincoln on June 3, 2004. Hun- implementation before the House and He completed boot camp at Marine dreds of family, friends, and fellow sol- Senate Veterans’ Affairs Committees, Corps Recruit Depot San Diego before diers attended the ceremony to honor and I will be there. I urge them to hold attending and completing infantry Matt and pay their respects. In what nothing back, to tell us clearly where training at Camp Pendleton. Due to his seems an impossible task, Matt’s fa- they anticipate struggles, and that strong interest in the construction ther gave the eulogy that day. Matt they in no way sweep anything under field, Matt also finished combat engi- was laid to rest at the Lincoln Memo- the rug so they make certain we know neer school at Camp Lejeune. rial Park Cemetery. the challenges they are facing and so After engineer school, he was as- For his ultimate sacrifice, Cpl Matt that we then can help them in the solu- signed to the 1st Combat Engineer Bat- Henderson received the Naval Achieve- tions. talion at Camp Pendleton. ment Medal with cluster, a Purple Without real change within the VA, On August 4, 2001, Matt proposed to Heart, and numerous unit citations and we cannot hope for real change for our Jaimie on Mission Beach in San Diego, campaign ribbons. He was the first to veterans. We cannot afford to fail them just after sunset. They were so excited receive the prestigious Noncommis- any longer or in any additional cir- to finally get married and begin plan- sioned Officer Combat Engineer of the cumstance. ning their wedding in Nebraska, which Year Award posthumously. The American people, Congress, and was scheduled for April 12, 2003. Matt was a consistent source of in- the President have charged the VA In January of 2003, however, Matt’s spiration for his fellow marines. He was with a daunting mission, but it is a unit was informed that they would be the kind of young man people were just mission that is so worthy—to provide among the first forces to invade Iraq. drawn to. He was a tough, yet selfless our veterans, those who have served Jaimie postponed the wedding, which marine. our Nation, with a VA that is worthy was supposed to take place in just a Cpl Matt Henderson lived life to the of those veterans’ service. few months, and instead she and Matt fullest, and he is missed dearly by his I yield the floor. were married in a civil ceremony in family and friends. I join all Nebras- The PRESIDING OFFICER. The Sen- San Diego. The two of them couldn’t kans and Americans across the country ator from Nebraska. imagine something happening during in saluting Matt’s bravery and his sac- HONORING OUR ARMED FORCES Matt’s deployment and never being rifice. CORPORAL MATT HENDERSON able to marry one another. Thank you, Mr. President. Mrs. FISCHER. Mr. President, I rise In February of 2003, Matt deployed to I yield the floor. today to continue my tributes to the Iraq. He joined other U.S.-led forces in The PRESIDING OFFICER (Mr. CAS- current generation of Nebraska men the invasion of Iraq and Kuwait in SIDY). The Senator from Florida. and women who have lost their lives order to oust Saddam Hussein. During Mr. NELSON. Mr. President, I say to defending our freedom in Iraq and Af- his deployment, Matt was chosen to be the Senator from Nebraska, this Sen- ghanistan. Each of these Nebraskans a squad leader due to his leadership ator has had too many opportunities to has a special story to tell. abilities, technical skills, and the re- give the same kind of speech in remem- Today I will recall the life and serv- spect of other marines. Matt’s family brance of fallen Floridians just like her ice of Cpl Matt Henderson of Lincoln, had no communication with him dur- constituent who gave the ultimate sac- NE. ing this time and were glued to the TV, rifice in protection of his country, and Matt was born on May 15, 1979, in Co- watching the news every evening with I thank the Senator from Nebraska. lumbia, MO, to Owen and Rebecca Hen- the hopes of catching a glimpse of CLIMATE CHANGE derson. At the time Matt came into the Matt. Mr. NELSON. Mr. President, 30 years world, his dad, Owen, was attending Upon Matt’s return home in May of ago, a gentleman by the name of Dr. veterinary school. After Owen finished 2003, he and Jaimie finally had their James Hansen was the Director of the veterinary school, the Henderson fam- big church wedding in Lincoln, NE, NASA Goddard Institute for Space

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.032 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7218 CONGRESSIONAL RECORD — SENATE November 29, 2018 Studies. He testified to the Senate En- value over the course of this century. Coastal communities inundated with ergy and Natural Resources Committee But this stretches beyond property val- catastrophic flooding, midwestern that he was 99 percent certain that the ues. A Florida Department of Health droughts that raise food prices, and year’s record temperatures were not assessment determined that almost soaring health costs—these are some of the result of natural variation. That 600,000 people in South Florida are the costs that are coming to our coun- was 30 years ago. It was the first time going to face extreme or high risk from try—indeed, to our society—indeed, to a lead scientist drew a connection be- sea level rise. Warming water, nutrient the civilization of planet Earth. We tween human activities, the growing enrichment, overfishing, and coastal must act, and we must do it now. concentration of atmosphere pollut- development are all contributing to the Mr. President, I yield the floor. ants, and a warming climate. dire situation of one of our Nation’s The PRESIDING OFFICER. The Sen- This Senator was a young congress- crown jewels—the coral reefs of the ator from Vermont. man at the time representing East Cen- Florida Keys. Mr. LEAHY. Mr. President, first, I tral Florida and Florida’s Space Coast. The real question is, What are we am going to commend the senior Sen- Just 2 years prior, I had flown for 6 going to do about it? I think there are ator from Florida for what he said. days on the 24th mission of the space three things we ought to consider. Throughout my career, I have been so shuttle. In this case, our orbiter was First, we truly cannot afford to po- impressed and so grateful for his strong the Space Shuttle Columbia. liticize the air we breathe. The science voice on the environment. He is the Growing up on the Indian River on is not up for debate. The greenhouse only Member of this body who has seen Florida’s Atlantic coast, it is easy to gas emissions are heating the atmos- Earth from space. think that nature’s bounty is endless, phere, which in turn heat our oceans, that the sand beaches, the crystal clear supercharging the hurricanes, leaving FREEDOM OF THE PRESS water, the blue sky, and the warm Sun us vulnerable to drought and threat- Mr. President, I thank my dear will continue forever. It would be like ening the water we drink and the food friend, the senior Senator from Iowa, Camelot. But peering out the window we eat. Reports of political censorship Senator GRASSLEY, who is going to back at the planet from the window of or political interference with science— speak but said I could go ahead, and I a spacecraft, when I looked, all of the that is unacceptable and foolish. If we will. I will be brief. Earth suddenly took on a new mean- ignore the science, we do so at our In the 44 years I have served in the ing. I realized how thin the line was be- peril. Senate, I have never been so concerned tween our protected shared home—the Second, I think we are going to have about the state of press freedom planet—and uninhabitable space. to stop putting so many greenhouse around the world, including, I deeply When Dr. Hansen testified about the gases into the atmosphere so fast. This regret to say, in our own country. greenhouse effect and how that thin is called climate mitigation. It means I was brought up in a family that layer of atmosphere was becoming pol- that we must invest in new technology, owned a weekly newspaper and owned a luted, it got my attention because I re- in the economy of the future, things printing business. The First Amend- membered looking at the rim of the like wind and solar, electric vehicles, ment was the most important part of Earth and seeing that thin film as we and more efficient buildings. Each one our Constitution because it promised orbited the Earth every 90 minutes. of them would have a huge impact in the freedom of speech and it promised Since his 1988 warning, the evidence lessening the amount of derivatives of the diversity of religion, and that has unfortunately confirmed Dr. Han- carbon that we put into the atmos- Amendment was the foundation of our sen’s 1988 prediction. phere. democracy. Extreme events in 2017 and 2018 alone Third, I think we should consider included back-to-back, record Atlantic that we are going to have to make our Yet the premeditated murder and dis- and gulf hurricanes and unprecedented communities more resilient to the im- memberment of Jamal Khashoggi by and devastating wildfires. Global tem- pacts of climate change—climate Saudi authorities and then their ridic- peratures are rising, and so are the change that is already upon us and cli- ulous, transparent attempt to cover it seas. Why? The extra heat is absorbed mate change that, in the future, we are up have shocked the consciences of by the oceans, which cover two-thirds not going to be able to avoid. You can’t people everywhere. Yesterday, by vot- of the Earth. That extra heat, when ab- just cut off the greenhouse gases going ing to discharge S.J. Res. 54, the Sen- sorbed in water, causes water to ex- into the atmosphere and the warming ate demonstrated that the Saudi royal pand. Also, 2016 and 2017 had two of the that results therefrom that is already family needs to hold accountable all highest global temperatures ever re- in the system. those who are responsible for that hor- corded since we began measuring in You talk to the scientists. There is rific crime if it wants to salvage rela- 1880, and 2018 is on track to be the something just beyond about 4 degrees tions with the United States. fourth hottest year on record. Fahrenheit more than the average an- Look at what happens if we don’t Warmer air and water make the envi- nual global temperature—that if it speak out in defense of a free press. ronment more hospitable to toxic algae rises beyond that, there is no return. Just a few days after Mr. Khashoggi’s blooms, mosquitos that carry deadly We have a chance, but time is of the murder, the body of Bulgarian jour- diseases, and things like poison ivy. essence. We ought to consider climate nalist Viktoria Marinova was discov- These are three things that I think we change adaptation. You don’t have to ered. The investigation suggests that can all agree that we need less of, not agree with climate science to know she was raped, beaten, and strangled. I more. that it makes sense to do that. think the motive is undeniable. She The oceans are warming, and they I want to urge our colleagues on both had spent the previous year reporting are fueling the intensification of hurri- sides of this aisle that separates Re- on corruption. canes—as we saw recently with Irma publicans from Democrats. You need to According to the Committee to Pro- and Michael—and that warming water take this seriously. For the sake of tect Journalists, so far, in 2018, at least is creating the conditions that bleach your States and mine, for the good of 43 journalists have been killed for their coral reefs and feed toxic algae blooms. our planet, for the good of our children, work while 15 other journalists have My beautiful home State of Florida, for the good of future generations, take also been killed, although their deaths which I have had the great privilege of climate change seriously. Listen to the have not yet, at least, been officially serving, is ground zero for these im- experts, and come together to work on linked to their work. According to data pacts. According to the fourth National solutions. Instead of saying ‘‘I am not compiled by Freedom House, the muz- Climate Assessment report released by a scientist,’’ listen to the scientists. zling of journalists and independent the administration just last week—the Don’t try to censor their warnings or news media is at its worst point in over day after Thanksgiving—climate hide from the truth. Instead of saying a decade. Similarly, according to the change is expected to make South that making changes could cost Committee to Protect Journalists, the Florida more vulnerable to diseases money, think about the cost to our number of reporters who have been like the Zika virus. Florida could see economy and our society if we don’t jailed for their work—who have been more than $346 billion in lost property act. jailed for being reporters doing their

VerDate Sep 11 2014 04:21 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.035 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7219 job—is at a level that has not been seen In this challenging time for press in the balance for one reason and one since the 1990s. Strongmen around the freedom around the world, the Com- reason only—President Trump. world are cracking down with impu- mittee to Protect Journalists honored President Trump has said that he nity. Frankly, this son of a printer, four exceptional journalists at the 2018 wants to shut down the government this son of a newspaper owner, is not International Press Freedom Awards in unless he gets $5 billion from the surprised. New York City. American taxpayers for an unnecessary At home, President Trump regularly One is Amal Khalifa, who is the co- border wall. The President hasn’t even demonizes the news media. He calls the founder of the Sudanese Journalists tried to get Mexico to pay for it, as he news media the enemy of the people Network, which has covered protests of promised in his campaign over and over and hopes that his acidic outbursts and official wrongdoing in Sudan, whose and over. He hasn’t outlined a plan to threats will dissuade journalists from leader, President al-Bashir, has been deal with eminent domain concerns or accurately reporting on his administra- indicted by the International Criminal even a plan as to how it would be built. tion. With the eyes of the world upon Court. Because of her reporting, she He hasn’t even spent the $1.3 billion him, he makes a mockery of the entire has been harassed, detained, and phys- Congress allocated last year in the fis- notion of an independent press. It is ically abused by Sudanese authorities, cal year 2018 budget for border secu- something that has been guaranteed in but she still does her job at great per- rity—fences, drones, technology— our Constitution since the beginning of sonal peril. which actually makes sense. Now he is our country, yet the President makes a Anastasiya Stanko is an independent asking, having not spent that money, mockery of it. broadcast journalist who was taken for more. So this isn’t actually about He brands anybody who challenges hostage by an armed group while she border security. This is the President’s him as either a liar or worse, while he reported on the conflict in eastern way of trying to manufacture a shut- holds hands with those who are willing Ukraine. Since her release, she has down to fire up his base. to sing his praises. He even went so far continued to risk her safety and her Make no mistake. The President is as to rescind the credentials of one re- life by reporting on the war and on the only person who holds the ultimate porter who persisted in asking ques- other human rights violations in con- responsibility for a government shut- tions the President didn’t like. I have flict-torn areas by Ukraine’s Security down. He can decide if we are going to been here with eight different Presi- Service. have one or not have one. He, cer- dents, and I have never seen that done Luz Mely Reyes is an investigative tainly, has the power to shut down the before, not even with Watergate. reporter who founded an independent government, but he has two very rea- A few days ago, he publicly deni- news website to bring attention to the sonable ways to avoid one. grated the decorated, retired U.S. ad- political situation in her country of First, he could agree to sign the bi- miral who led the raid that killed Venezuela. In 2017, while she covered partisan DHS appropriations bill that Osama bin Laden and who had dared to protests against Venezuela’s President the Senate Democrats and Republicans criticize the President’s attacks Nicolas Maduro, members of her team have already agreed to, which includes against the press as being a grave were attacked and threatened, but she $1.6 billion for border security on top of threat to our democracy, which it is. courageously continued her work. She the $1.3 billion that President Trump So this President who avoided the draft has since emerged as one of Ven- still hasn’t spent from last year. It is five times demeans the Admiral who ezuela’s most recognized champions of just what we have done in previous was in charge of the raid that killed independent journalism. years—funding for fencing on the bor- Osama bin Laden. Lastly, Nguyen Ngoc Nhu Quynh, one der where the experts say it makes the As Americans who cherish the First of Vietnam’s most prominent inde- most sense. It would protect our border Amendment and who rely on a free pendent bloggers, has devoted her life far more effectively and far more press for sustaining our democratic to calling attention to human rights quickly than any wall. form of government, we should be ap- violations in Vietnam. In October 2016, Leader MCCONNELL voted for that palled. The words of a President mat- she was sentenced to 10 years in prison bill. Chairman SHELBY voted for it, as ter. They always have. Yet this Presi- on charges of propagandizing against did Senator RUBIO. Even Senator GRA- dent’s rhetoric gives comfort to auto- the state. After her health began to de- HAM, the President’s strongest sup- crats the world over who are teriorate she was released from prison, porter and closest ally in the Senate, emboldened to clamp down on dissent, but only on the condition of exile. voted for that bill. Now, all of a sud- as they are confident they have a pow- We often speak about the abuses of den, it seems that the Republicans, erful defender in the United States as repressive governments around the afraid to buck the President even when they censor and jail journalists. world. We must also speak out against they know he is wrong, want to renege We have seen despots quote our the increasing attempts to demean and on that agreement to go along with the President. Can you imagine? We Amer- intimidate the press here at home. The President’s shutdown plan. But it icans see autocrats in other countries President may continue to do that as doesn’t have to be that way. This bi- quote our President about this. We see the leaders of some other countries do, partisan negotiated deal remains on them pass laws outlawing so-called but we should not stand for it. the table and would, certainly, receive fake news, which their leaders use to Our democracy depends on a free more than 60 votes in the Senate. justify dismissing and castigating re- press. The lives of these four brave in- Second, if the President doesn’t want porting with whom they disagree in dividuals remind us of what is at stake. to agree to that bipartisan bill, we order to persecute their political oppo- We must stand up for what is right could avoid a shutdown by passing a nents. even when our President does not. continuing resolution for the Depart- We should fear the day when a free I yield the floor. ment of Homeland Security. We think press is seen as unimportant or as a The PRESIDING OFFICER. The it should be for a whole year. It would luxury—as something no longer syn- Democratic leader. keep the government open and still onymous with our country and its val- APPROPRIATIONS provide another $1.3 billion for border ues. We must always recommit our- Mr. SCHUMER. Mr. President, next security on top of the $1.3 billion the selves to defending press freedom and Friday, appropriations expire for 7 of President has not yet spent. Again, to elevating and celebrating a free the 12 appropriations bills for fiscal this option would, certainly, receive press as one of the cornerstones of our year 2019, and we are in good faith ne- more than 60 votes in the Senate. democracy. gotiations with our Republican coun- So President Trump has a simple Americans should not be silenced terparts here in the Congress to get choice of two good bipartisan options. just because our President, for the first them enacted. The good news is that If he decides to support either the bi- time in history, demeans and tries to because of the bipartisan work in the partisan DHS bill or a continuing reso- intimidate the press. We must stand Senate, approximately 75 percent of lution, I am confident that both would up, as the Founders of this country and the Federal Government is funded for pass by comfortable margins. The only as every leader in this country up to 2019. The bad news is that the 7 bipar- position that cannot garner 60 votes is now has done, and defend a free press. tisan appropriations bills are hanging the President’s position. He is adamant

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.036 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7220 CONGRESSIONAL RECORD — SENATE November 29, 2018 about having a partial shutdown. He nies to invest in research and develop- I have updated over the years. This keeps repeating over and over that he ment so new cures are found for our anti-fraud tool encourages people to re- wants a shutdown. Make no mistake loved ones. However, government does port and expose wrongdoing against about it. He is the only reason there have a responsibility to keep a check the government. In this specific case, would be a shutdown. on unfair business practices and to ac- this whistleblower exposed fraud If President Trump wants to throw a tually rein in anti-competitive behav- against the taxpayers for misusing the temper tantrum and shut down some ior that harms consumers and fleeces Medicaid Drug Rebate Program to the Departments and Agencies over Christ- taxpayers. tune of $456 million. mas, that is, certainly, within his There is a general agreement that I would like to share a time-tested power, but he has two more sensible these are constitutional as well as le- lesson I have learned throughout my 30 options available to him. It would be a gitimate roles for government. Of years of oversight work in the U.S. shame if the country suffered because course, if you are going to protect the Senate: When you smell smoke, there of a Trump temper tantrum. It is the consumers and not fleece taxpayers, is a fire. President’s choice. this can happen in a number of ways. The EpiPen misclassification may be I yield the floor. It happens when brand-name and ge- the tip of the iceberg. As part of my The PRESIDING OFFICER. The Sen- neric drugmakers game the system to EpiPen oversight, I requested addi- ator from Iowa. pad their profits at the expense of tax- tional misclassification data from the LOWERING DRUG PRICES payers and consumers. It happens when Office of Inspector General at HHS. Mr. GRASSLEY. Mr. President, mil- hospitals, middlemen, and providers As of early 2018, the Office of Inspec- lions of Americans woke up this morn- determine which drugs to prescribe tor General identified the names of 10 ing and started the day with their based on its reimbursement and mark- drugs that accounted for 68 percent of doses of prescription medications. up from insurers, including public Medicaid reimbursements for poten- Their daily regimens are prescribed by health programs for the military and tially misclassified drugs just in the their healthcare providers to treat ill- veterans or the big ones like Medicare year 2016. The EpiPen and some of its nesses and to improve the quality of and Medicaid. variants are included within the group their lives, and for many Americans, Throughout my public service in the of 10 drugs, as well as a commonly pre- prescription medicine extends and U.S. Senate, I have established a funda- scribed antibiotic and a commonly pre- saves their lives. Without their pre- mental commitment to transparency. scribed drug for an underactive thyroid scription medication, millions of Remember that transparency, particu- condition. In a nutshell, it appears the same Americans would not survive. larly in government, brings account- drug companies may be undermining For so many of our loved ones who ability, but transparency in the private the rebate program by misclassifying have diabetes, high blood pressure, cys- sector will also bring accountability. commonly prescribed drugs that can be tic fibrosis, epilepsy, or other chronic From whistleblower protections to found in medicine cabinets in house- healthcare conditions, prescription the public’s right to know, sunlight holds all across the United States. drugs are a basic necessity for their sweeps away wrongdoing, strengthens That is simply wrong, and I am going living. Without pharmaceutical treat- good government, and helps consumers to do whatever I can to fix that issue. ment or cures, too many family gath- and taxpayers get the most bang for erings at Thanksgiving, which has just Recently, the FDA approved the first the buck. I have worked across the passed, arguably, would have had fewer EpiPen generic. Of course, that is a aisle to apply this standard to help plates at the table this holiday season. good step in the right direction. As a nation, we are incredibly blessed lower drug prices. It is an issue that As a senior member of the Senate Fi- to live in a country where investment resonates loudly and very clearly in nance Committee and also the last 4 and innovation unlocks cures and every household of America. years as chairman of the Senate Judi- In fact, Iowans contacted my office a treatments. Yet the escalating price of ciary Committee, my sights are set prescription drugs are a consuming couple of years ago regarding real squarely on lowering drug prices with- concern for too many millions of sticker shock for their EpiPens. The out compromising access for innova- Americans, even including Iowans who escalating price they were paying for tive cures and treatments delivered by bring up this subject regularly at my lifesaving anti-allergy medication the American pharmaceutical industry. county meetings. jumped $600 for a two-pack. On their Through oversight and even legisla- I have come to the floor of the Sen- behalf, I started digging for answers. tion, I am working to set things right. ate to address the sticker shock that It turned out that Mylan, the EpiPen That includes putting a stop to the greets consumers when they pick up distributor, had jacked up the price for shenanigans that manipulate regu- their medicine at the pharmacy or over a decade during the Obama admin- latory loopholes and unfairly extend open their medical bills after a hos- istration. In fact, from 2006 through monopolies over certain drugs. This pital visit. Rising drug prices that 2016, it rose more than 400 percent. happens when a brand name and a ge- Americans pay out of pocket are gob- EpiPen is the most widely prescribed neric drugmaker work in cahoots to bling up a bigger share of income. epinephrine autoinjector in the United delay the lower priced generic’s entry For some people on a fixed income, States. Parents, grandparents, daycare into the market. sky-high drug prices are eating up providers, and teachers across the For starters, a bipartisan bill I have every spare penny they can scrape to- country keep their homes, their cars, with Senator AMY KLOBUCHAR of Min- gether to pay for their prescriptions. It and their classrooms stocked in case of nesota would inject a healthy dose of is time we talk turkey to our friends at an emergency. Midwestern commonsense medicine Big Pharma. I don’t make fun of our A 400-percent increase—how was into Big Pharma with a bill we have friends at Big Pharma. I use the word Mylan able to accomplish this? It clas- that would do away with what we call ‘‘friends’’ because we all enjoy a longer sified EpiPen as a generic drug instead the pay-for-delay shenanigans. This life and better quality of life because of of a brand-name drug in the Medicaid bill, called Preserve Access to Afford- miracle drugs. Drug Rebate Program. Simply, that in- able Generics Act, would end sweet- As a fiscal conservative who whole- correct classification cost the U.S heart deals between brand-name and heartedly believes in free enterprise, I Treasury and States big time by allow- generic drugmakers that end up cost- don’t want the government intruding ing Mylan to pay lower rebates. ing the American consumer and at the unnecessarily in the marketplace. The The watchdog at the Department of same time the U.S. taxpayers an arm reason millions of Americans benefit Health and Human Services, at my re- and a leg. It would increase access to from lifesaving drugs in the first place quest, found the misclassification may more affordable generic drugs sooner is due largely to capitalism and the en- have resulted in the taxpayers and the rather than later because of the pay- trepreneurial spirit that drives innova- States overpaying for the drug by as for-delay scheme. tion and opens new frontiers of modern much as $1.3 billion. Specifically, our bill would crack medicine. What is more, a competing pharma- down on anti-competitive payoff I also believe strong intellectual ceutical company sued Mylan using the schemes that effectively rip off tax- property rights help incentivize compa- False Claims Act—a whistleblower law payers and consumers. These so-called

VerDate Sep 11 2014 02:04 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.037 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7221 reverse agreements delay consumer ac- For example, the mergers of Cigna Another example of where the Presi- cess to the cheaper generic drug. Corporation with Express Scripts Hold- dent, through the Secretary of HHS, I am 100 percent certain that our ing Company and the CVS Health Cor- has, under present law, authority to pay-for-delay bill would help lower poration with Aetna may negatively move ahead—we wanted to let the Sec- drug prices for our consumers and save impact consumer choice. According to retary know, through the Durbin- the taxpayers money through Medicare the Kaiser Family Foundation, once Grassley amendment, that we wanted and Medicaid. That is because generic completed, these two mergers would re- to back him up in his efforts. Drug drugs can be up to 90 percent cheaper sult in just four entities controlling 71 companies are already required to in- than brand-name drugs, and that hap- percent of all of Medicare Part D en- clude possible side effects in their TV pens to be a tremendous savings. rollees and 86 percent of stand-alone ads. So isn’t it commonsense to add to Ending these payoff agreements drug plan enrollees. that list price information to further would gut artificially inflated prices Notwithstanding the consumer bene- improve consumer decision making? consumers are paying for some pre- fits of business integration that can in- The more information patients and scription drugs. Putting an end to clude more innovation and cost-saving healthcare providers have to make de- these payoff schemes will end the efficiencies, we can’t afford to turn a cisions on costs and outcomes, it seems choke hold they put on the market. By blind eye to potential negative con- to me, the better off they are. doing so, we can restore timely access sequences that consolidation in the Finally, I would like to say a word for affordable generics to reach the U.S. pharmaceutical supply chain may about another commonsense solution market, boost competition, expand have in the marketplace. to high drug prices. For over 20 years, consumer choice, and at the same time I will wrap up my remarks today I have advocated for the safe re- lower drug prices. with this message for the American importation of drugs from countries In addition to the pay-for-delay bill people: President Trump made a prom- such as Canada. The late Senator that Senator KLOBUCHAR and I have, I ise to the people to lower drug prices. McCain, along with Senator KLO- am also cosponsor of a bill led by my His administration is working to de- BUCHAR, introduced S. 92, the Safe and friend Senator PAT LEAHY that would liver on that promise. Most of the stuff Affordable Drugs from Canada Act. I inject another dose of bipartisan com- that has gone on so far has been within am a cosponsor of this bill, and I plan mon sense into the pharmaceutical in- what the law allows the President, to work to get it enacted into law. dustry. We use the acronym CREATES through the Secretary of HHS, to do so In today’s marketplace, there is a for this legislation, the Creating and that Congress doesn’t have to be in- giant disconnect between consumers Restoring Equal Access to Equivalent volved in everything. But Congress can and the prices they pay for their pre- Samples Act. It seeks to stop anti-com- surely give support to this program. scription medicines. To many of my petitive practices that block lower cost The President’s blueprint for bring- constituents in Iowa, it is just plain generic drugs from the pharmacy ing down prescription drug prices lays baffling why this can’t be done. Ameri- store’s shelves. It would help generic out four principles: Boost competition, cans have come to expect the best med- companies get the samples they need enhance negotiation, create incentives icine when they need it most. We need to manufacture equivalent products. for lowering list prices, and, lastly, to improve the marketplace so that it Right now, a common practice by bad bring down out-of-pocket costs. functions properly to lower drug prices actors in the industry prevents poten- Last month, he signed the Patient and raise the bar on outcomes. tial generic competitors from obtain- Right to Know Act into law, so he has Looking ahead, our Republican ma- ing the samples they need to test their the help of some new legislation now. I jority here in the U.S. Senate will keep drugs or blocks them from partici- cosponsored this bill by Senator SUSAN up the momentum to deliver cost sav- pating in shared safety protocols. This COLLINS to ban what are called ‘‘gag ings to the American people. On my practice of deny and delay is fueling clauses,’’ which keep pricing informa- watch, I will continue working across deficit spending. That is because the tion from consumers every time they the aisle to lower drug prices, restore tax-paying public shells out a whole lot visit the pharmacy counter. more money to fill brand name pre- The new law prevents health insur- competition, and increase transparency scriptions for veterans, the elderly, and ance companies from prohibiting phar- in the pharmaceutical industry. I wel- the disabled, when the cheaper generic macy providers from sharing pricing come the incoming Democratic House drugs would do the same thing. This information with consumers. So now, majority to join our efforts in behalf of would save a tremendous amount of under the Collins legislation, a phar- the American taxpayers and con- money. We have the scoring by the macist can alert a customer if their co- sumers. Congressional Budget Office saying payment would cost more than paying As Americans count our blessings that our bill—the CREATES bill— out-of-pocket, as just an example. during this season of Thanksgiving and would result in a $3.8 billion net de- This puts a little bit of transparency going into Christmas, we give thanks crease in the Federal deficit. into the whole process and lets your for the gifts of friends and family who Improving access to lower cost ge- pharmacist help you as much as he can gather together around these celebra- neric drugs while preserving the incen- to save money. But there are rules that tion tables. I am thankful for good tives for innovation and intellectual some companies have that you can’t health and the opportunity to serve property rights ought to be seen by my share that information. Iowans. Along these lines, I will do my colleagues as a win-win solution. So along the lines of also hoping to best to restore competition in the I hope you will not just take my word save the consumer some money—or at pharmaceutical market and to stop the for it. More than 80 organizations sup- least to educate the consumer on phar- gravy train that is taking taxpayers ported the final passage of the CRE- macy practices and to have more trans- for a ride. ATES Act. They would go all the way parency—Senator DURBIN and I pushed I yield the floor. from the AARP over to the Consumers for Senate passage of an amendment The PRESIDING OFFICER. The ma- Union, which tend to be liberal organi- that supports existing Health and jority leader. zations, all the way over to Taxpayers Human Services authority requiring for Common Sense, which I think gen- drugmakers to disclose the list price of f erally tends to be more conservative. prescription drugs in direct-to-con- Our CREATES bill was approved in sumer advertising. LEGISLATIVE SESSION June by the Senate Judiciary Com- It happens that the House of Rep- mittee, which I chair, and has 30 Sen- resentatives rejected our amendment. Mr. MCCONNELL. Mr. President, ate cosponsors. In addition to this leg- Nonetheless, the Secretary of HHS is notwithstanding rule XXII, I move to islation, I am also keeping tabs on pro- moving forward with our concept to proceed to legislative session. posed buyouts and mergers in the phar- improve transparency by requiring The PRESIDING OFFICER. Without maceutical supply chain. Without a companies to include these same drug objection, the question is on agreeing doubt, increased market integration prices in their direct-to-consumer ad- to the motion. will impact consumers and taxpayers. vertising. The motion was agreed to.

VerDate Sep 11 2014 02:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.039 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7222 CONGRESSIONAL RECORD — SENATE November 29, 2018 EXECUTIVE SESSION ment made to them regarding their Housing Act, which would help ensure education are being broken. that student veterans have a place to For weeks now, student veterans live as they are pursuing their edu- EXECUTIVE CALENDAR have spoken out about their GI bill cation. Mr. MCCONNELL. I move to proceed benefits being delayed or incorrect. Currently, the end of the semester to executive session to consider Cal- One of those veterans is Brendan. He can mean the loss of housing benefits— endar No. 1153. serves his country in the Michigan Na- when you are in between semesters and The PRESIDING OFFICER. The tional Guard, and he is a student at not in school—because the VA can’t question is on agreeing to the motion. Lake Superior State University in the pay for housing in between semesters. The motion was agreed to. beautiful Upper Peninsula of Michigan. My legislation would help ensure that The PRESIDING OFFICER. The A few months ago, Brendan’s GI bill student veterans don’t have to reach clerk will report the nomination. benefits didn’t go through even though into their own pockets to pay for a The bill clerk read the nomination of he had done everything he was sup- benefit they have already earned and would make sure they are not losing Bernard L. McNamee, of Virginia, to be posed to do. Brendan told his local sta- their housing between semesters. Our a Member of the Federal Energy Regu- tion, WWTV: veterans should be able to focus on latory Commission for the remainder I got emails saying, you need to pay your their studies, not worry about keeping of the term expiring June 30, 2020. tuition. It stresses you out because you are wondering if you are going to get paid, and a roof over their heads. CLOTURE MOTION if I can’t pay tuition, then I can’t enroll in These veterans need to know their Mr. MCCONNELL. I send a cloture the next semester. tuition payments will be there on time, motion to the desk. Bill, another student at Lake Supe- just as they were promised. It is not The PRESIDING OFFICER. The clo- rior State University, is a veteran of enough to praise our veterans. We do ture motion having been presented the U.S. Marine Corps. His housing sti- that all the time, but praise doesn’t under rule XXII, the Chair directs the pend was 36 days late. ‘‘It upsets me,’’ pay the tuition bills or housing costs clerk to read the motion. he told WWTV. He added: ‘‘When I was for student veterans. Instead, we must The bill clerk read as follows: active duty, you are expected to be uphold each and every promise our CLOTURE MOTION anywhere in the world within 24 hours, country has made to them, including We, the undersigned Senators, in accord- boots on the ground, ready to complete their GI bill benefits. ance with the provisions of rule XXII of the a mission. . . . When it comes time to I was very pleased when we were able Standing Rules of the Senate, do hereby pay veterans back for their service, it to strengthen the GI bill and was ex- move to bring to a close debate on the nomi- takes me 35 days to get a check in the cited about the opportunities for new nation of Bernard L. McNamee, of Virginia, support for our veterans. Now we are to be a Member of the Federal Energy Regu- mail.’’ That is simply outrageous. hearing about technical issues and latory Commission for the remainder of the glitches that make no sense and under- term expiring June 30, 2020. What is even more outrageous is that Mitch McConnell, Johnny Isakson, Mike this week, the Department of Veterans mine the ability of our veterans to Rounds, Thom Tillis, Mike Crapo, Pat Affairs said it does not intend to reim- fully benefit from the improved GI bill. Roberts, John Hoeven, David Perdue, burse veterans who were paid less than The Trump administration must ad- Tim Scott, John Cornyn, Roy Blunt, they were owed. That is after the dress these technical issues imme- Cory Gardner, Tom Cotton, Jerry Trump administration promised a diately. The Senate must pass legisla- Moran, John Barrasso, Roger F. House committee earlier this month tion, including my Student Veterans Wicker, John Boozman. that it would make sure veterans are Housing Act, which will ensure that Mr. MCCONNELL. I ask unanimous reimbursed. The Department blames veterans are receiving all of the bene- consent that the mandatory quorum computer issues and says that going fits they have earned. The VA must repay each and every dollar our vet- call for the cloture motion be waived. back to fix the mistakes would only erans are owed, period. Veterans like The PRESIDING OFFICER. Without delay further claims. That is com- Brendan and Bill and so many others objection, it is so ordered. pletely unacceptable. You can bet that have always been first in line to defend Mr. MCCONNELL. I suggest the ab- if Brendan or Bill or any other veteran us. It is time for us to stand up for sence of a quorum. tried to blame computer glitches for them and get this issue fixed. The PRESIDING OFFICER. The not paying their phone bill or failing to clerk will call the roll. Madam President, I yield the floor. complete an assignment, it wouldn’t I suggest the absence of a quorum. The bill clerk proceeded to call the work. roll. The PRESIDING OFFICER. The These veterans have done every- clerk will call the roll. Ms. STABENOW. Madam President, I thing—everything—we have asked of The senior assistant legislative clerk ask unanimous consent that the order them. It is our government’s responsi- proceeded to call the roll. for the quorum call be rescinded. bility to provide them with everything Mr. WHITEHOUSE. Madam Presi- The PRESIDING OFFICER (Mrs. they have been promised, and I am dent, I ask unanimous consent that the CAPITO). Without objection, it is so or- committed to doing everything in my order for the quorum call be rescinded. dered. power to make sure that happens. That The PRESIDING OFFICER. Without MICHIGAN VETERANS is why earlier this month I called on objection, it is so ordered. Ms. STABENOW. Madam President, the Secretary of Veterans Affairs to NATIONAL FLOOD INSURANCE PROGRAM representing Michigan in the U.S. Sen- address this issue with the urgency it Mr. WHITEHOUSE. Madam Presi- ate is such an honor, and one of the deserves—in other words, now. This dent, this evening, the leader or some- best parts of this job is the work I am isn’t the first time the VA has faced one standing in for the leader is going able to do on behalf of Michigan’s over backlogs, either, but it should be the to come and close out the floor with a 600,000 veterans. last time—the very last time—our vet- number of unanimous consents. One of Our veterans have always been first erans are affected by them. them will be a unanimous consent to in line to defend our democracy. That I heard about some of these issues push consideration of the National is why they should never be at the during a series of 13 veterans Flood Insurance Program—to reauthor- back of any line—for a job, for roundtables I held around Michigan ize it—a week down the road. healthcare, for housing, or for edu- this year. I do this on a periodic basis I will not object to that unanimous cation. to find out how things are going and consent request, but I do want to speak Our government has made our vet- what more I can do to help—as well as, to the predicament of the National erans promises—important promises— of course, working with individual vet- Flood Insurance Program. For coastal and those promises must be kept. That erans who call our office every week. States, this is a very big deal, and this is true of the Trump administration, as In response to these roundtables, is a program that is now completely well as every other administration. Un- which I very much appreciate people out of step with the conditions that fortunately, many of our veterans are from around the State participating in, coastal States see before them, so we now finding that promises the govern- I introduced the Student Veterans have to get this fixed.

VerDate Sep 11 2014 03:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.041 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7223 The liability of the National Flood stuck waiting for the municipality in six feet [back] per year.’’ If a beach is Insurance Program ran up to $30 billion the State to make that decision. eroding at 6 feet per year, a lot of after Hurricane Harvey. It borrowed $30 So the NFIP program—we have to homes are going to be wiped out. We billion from the U.S. Treasury. That is get it stood up again, we have to get it have to get the Flood Insurance Pro- its borrowing limit. It basically maxed reauthorized, and we have to allow gram adapted to that. itself out. In October, Congress forgave flexibility consistent with rising seas North Carolina itself has predicted a $16 billion. We moved that from a li- so homes can be lifted if necessary. If it rise of 1 meter of sea level rise by 2100. ability of the National Flood Insurance makes no sense to rebuild in that place Data compiled and analyzed by NOAA Program to a liability of the United because it is just going to be washed shows the worst-case potential twice States, in effect putting it on our na- out again, we have to help make sure that at 2 meters. tional credit card. That allowed NFIP this program allows homeowners the According to the Fourth National to pay out claims for Harvey, Irma, choice to simply take their final pay- Climate Assessment, flood events in and Maria. At this point, that leaves out and go elsewhere rather than in Charleston, SC, have been increasing, the program $20 billion in debt. We are order to stay in the program we have and by 2045, Charleston, SC, is pro- not sure, completely, because claims to rebuild and rebuild and rebuild a jected to face nearly 180 tidal floods per are still being processed from the 2018 house the taxpayers continue to have year—there are going to be a lot of hurricane season, but CRS says as of to pay for. properties making claims against this September, the NFIP has only $9.9 bil- For anybody who complains that program—180 tidal floods per year com- lion of remaining borrowing authority. there is a subsidy in here for coastal pared to 11 in 2014. This is getting CRS also points out that repetitive homeowners, let me say, the $16 billion worse, and it is getting worse fast. loss and severe repetitive loss prop- in forgiveness—this big, one-time for- In Texas, Rice University and Texas erties over the history of NFIP have giveness that we did—must be com- A&M compared flood damage from the totaled about 30 percent of all claims— pared to $44 billion in crop subsidies storms that hit Houston between 1999 a grand total of around $17 billion— from the years 2015 through 2017. If we to 2009, and they found that FEMA’s flood risk maps only captured about 25 which is almost a perfect match with are going to help inland Midwestern percent of the actual damage. So if you the $16 billion we had to forgive. and other farmers with $44 billion in are a municipality, in addition to the If you look at the properties NFIP crop subsidies, there is no reason to problems that you have trying to deal now insures, the repetitive loss and se- deny coastal homeowners some protec- with protecting your tax base and of vere repetitive loss properties are tion as well. We can help a lot if we can having people flee valuable coastal about 2 percent by number, but they change these rules in a sensible way. property as sea levels rise, you also account for about 16 percent of all The States that are being hit are get- have the problem that when you look claims. So it is a pretty big piece of our ting hit pretty hard. Florida, it has to the Federal Government to figure National Flood Insurance Program li- been estimated by the Union of Con- out what your risk is and which are the ability. It is about $9 billion. cerned Scientists, has the most homes problem areas, the FEMA maps are We can keep going forward and fund- and property values at risk from sea wrong. The FEMA maps are mis- ing these repetitive losses time after level rise—64,000 homes may see flood- time after time after time, but there leading. ing every other week by 2045. Those are We saw this firsthand in Rhode Is- are some real problems with doing going to be a lot of claims on national that. One is that back in the old days, land as well. We had to do a lot of flood insurance. Half of those claims State-level work to get correct map- before sea levels were rising, when you are in South Florida, so those counties expected the weather on the coast to ping so that our coastal municipalities and municipalities are going to take a could have a true assessment of their revert to status quo after a big storm, heck of a hit. risk. Those homeowners need to know they made then what seemed a sensible In Georgia, king tide flooding regu- those facts. Homeowners who are now rule that you had to rebuild just what larly floods St. Mary’s, Brunswick, and relying on FEMA maps are being mis- was there. We weren’t going to fund lower portions of Savannah, according led. We have to fix that problem as we improvements and modifications with to an article in Atlanta magazine. The fix the NFIP problem. Uncle Sam’s dollars on a flooded house. road out to Tybee Island flooded a More than half of the homes damaged You had to rebuild what was there. The record 23 times in 2015, and it is ex- by Hurricane Harvey were not listed in problem is, maps are changing, sea lev- pected that with just 1 foot of sea level any flood risk areas, so they didn’t els are rising, storm vulnerabilities are rise, it will be underwater 100 times an- have flood insurance. That is another pushing inland, and to rebuild in place nually—again creating enormous risk. problem. Not only is there going to be now no longer makes sense. You have (Mr. KENNEDY assumed the Chair.) a big load of new claims on the Na- to at least be able to rebuild higher and It is terrific to see the Senator from tional Flood Insurance Program be- out of the way of storm surge or you Louisiana taking the President’s chair cause of sea level rise, not only are we have to be able to relocate. To rebuild right now because the fourth National going to have to adapt the way claim- every couple of years and get wiped out Climate Assessment highlights Lou- ants can make their claim so they can by a new storm really makes no sense, isiana as facing some of the highest raise their homes to survive the next but the NFIP encouraged people to do land loss rates in the world. storm or clear out because they can’t just that because it is hard to get paid ‘‘Between 1932 and 2016, Louisiana survive the next storm, but we are also out to relocate. lost more than 2,000 square miles of going to have to deal with this problem The relocation rules of the National land.’’ of homes that aren’t covered by flood Flood Insurance Program has to be I am not even going to talk about insurance because FEMA’s maps are triggered by a State or municipality what 2,000 square miles means in my wrong, and homeowners are then left doing its own buyout. If you are, let’s small State of Rhode Island, but it is a stuck without insurance. say, a small Rhode Island munici- big deal, and it is due in part to high For a lot of reasons, my patience is pality, you have a pretty strong inter- rates of relative sea level rise. wearing out with this continued kick- est in not doing a major buyout of Getting the National Flood Insurance ing down the road of the NFIP pro- flooded properties because as soon as Program right—getting it reauthorized gram. I have been working on this—I that happens, they are torn down—it and adapting it for people who are hope in a constructive way—and I in- takes a long time to get there just for going to be swept off of their lands by tend to continue working on it—I hope one thing, these are slow processes— sea level rise—is very important. I do in a constructive way—but, again, my but the property gets torn down, the want to commend Senator KENNEDY for patience is wearing out with our inabil- property goes to public space, and the his persistence and leadership in trying ity to agree and make these changes. town loses tax revenue from the owner- to solve this problem. I yield the floor with, again, my com- ship of that property. So it is a shot to North Carolina—according to an arti- pliments to the Senator from Lou- the municipal budget to go down that cle published by the Weather Channel, isiana, who has been a very construc- road, and it is not a decision made by one beach near East Seagull Drive in tive and very ardent proponent of find- the homeowner. The homeowner is Nags Head ‘‘has been eroding at about ing a solution.

VerDate Sep 11 2014 02:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.046 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7224 CONGRESSIONAL RECORD — SENATE November 29, 2018 I yield the floor. ject companies to frequent, unneces- We applaud your leadership on this impor- The PRESIDING OFFICER. The Sen- sary site inspections. These practices tant security issue by introducing the ‘‘Pro- ator from Wisconsin. are extremely costly and neither re- tecting and Securing Chemical Facilities from Terrorist Attacks Act of 2018’’ (S. 3405). CHEMICAL FACILITY ANTI-TERRORISM duce risk nor enhance security. This legislation is an important marker in STANDARDS PROGRAM The program fails to give credit to the reauthorization process, and we look for- Mr. JOHNSON. Mr. President, I am companies that already comply with ward to working with you and your col- here today to ask my colleagues to ap- other private sector-specific programs leagues to develop legislation that will pro- prove a bill to reform and reauthorize that require high standards of care. vide additional improvements and effi- the Chemical Facility Anti-Terrorism Recognizing these exceptional pro- ciencies to the CFATS program. By reau- Standards Program, commonly known grams would significantly reduce the thorizing the program for five years, S. 3405 as CFATS. regulatory burden on companies with- would provide needed certainty to the regu- This CFATS Program regulates out reducing security. lated community and enhance the security chemical facilities to help prevent ter- DHS needs to do more to make this of our nation. Since the inception of the CFATS program rorists from carrying out an attack expedited approval process available to reduce unnecessary costs on both the in 2007, our industries have invested millions with dangerous chemicals—a worthy of dollars and instituted thousands of new goal. However, since 2006, watchdogs companies and the American tax- security measures at our facilities. The have identified significant problems payers, and it needs to be more trans- ‘‘Protecting and Securing Chemical Facili- with the program. In 2013, the Govern- parent about how it classifies facilities ties from Terrorist Attacks Act’’ of 2014 ment Accountability Office found that to help companies understand what (P.L. 113–254), which for the first time pro- CFATS had a 7- to 9-year backlog to re- rules to even follow. vided CFATS a multi-year authorization, view more than 3,000 security plans and After conducting this oversight, I in- further enhanced these efforts by estab- lishing regulatory certainty to both industry a flawed methodology to assess secu- troduced a bill to address these issues and reauthorize the program for 5 and the Department of Homeland Security rity. (DHS). This stability allowed DHS to in- years. Representatives KATKO, The inspector general and Congress crease efficiencies in the program while have questioned whether the program MOOLENAAR, and CUELLAR introduced a streamlining the information submission successfully reduces risk, enhances se- similar, bipartisan bill in the House. process for regulated facilities. curity, and warned of serious manage- Our legislation brings much needed On January 19, 2019, the current authoriza- ment problems. That is why each time regulatory relief to U.S. businesses by tion will expire. The CFATS Coalition wants Congress has reauthorized the pro- exempting explosive materials that are to ensure the continued viability of the gram, it has done so only for a limited also regulated by the Bureau of Alco- CFATS program without interruption and hol, Tobacco, Firearms and Explosives, the introduction of S. 3405 is a significant duration. Coming from a manufac- first step in this process. Thank you for your turing background, I agree with that reducing the frequency of audits and inspections, and reducing the burden of leadership on this issue and we look forward approach. That is exactly how you help compliance for companies that partici- to working with you towards a successful ensure continuous improvement. CFATS reauthorization. In 2014, when the program was last pate in CFATS’ recognition program, Sincerely, set to expire, the Committee on Home- all while ensuring safety and security. Agricultural Retailers Association, Amer- land Security and Governmental Af- It improves transparency by requiring ican Fuel & Petrochemical Manufacturers, DHS to provide information to compa- fairs—under the chairmanship of Sen- American Petroleum Institute, Institute of nies on why their regulatory tier Makers of Explosives, International Ware- ator CARPER—and Congress did their changed. It requires more DHS and house Logistics Association, National Asso- job. They did oversight. They made re- independent assessments of how suc- ciation of Chemical Distributors, Society of forms and extended the program for an- cessful the program is at reducing risk Chemical Manufacturers & Affiliates, U S other 4 years, until January 2019. and enhancing security. It also reau- Chamber of Commerce, American Chemistry Under my chairmanship, our com- Council, American Gas Association, Edison thorizes the program for 5 years. mittee also took its oversight and re- Electric Institute, International Liquid Ter- After going through a thorough proc- authorization responsibilities seri- minals Association, Interstate Natural Gas ess of discussion and compromise, our Association of America, National Associa- ously. Over the last 2 years, we have committee approved the bill unani- conducted extensive oversight on tion of Manufacturers, National Mining As- mously by voice vote in September. sociation, The Fertilizer Institute. CFATS to evaluate the program’s ef- The bill is supported by a wide range fectiveness and develop a plan to make of private sector stakeholders, includ- SEPTEMBER 21, 2018. it better. We enlisted the help of GAO ing the U.S. Chamber of Commerce, the Re ARA and TFI Support for Protecting and to conduct a nonpartisan review of the American Chemical Council, the Na- Securing Chemical Facilities from Ter- CFATS Program to help inform our tional Association of Manufacturers, rorist Attacks Act of 2018 (S. 3405). work. We held a roundtable with DHS, and numerous others. Hon. RON JOHNSON, GAO, a CFATS chemical inspector, and Mr. President, I ask unanimous con- Chairman, Committee on Homeland Security multiple companies and industry sent that their letters of support be and Governmental Affairs, U.S. Senate, Washington, DC. groups. We had an important, frank printed in the RECORD. discussion about the program’s Hon. CLAIRE MCCASKILL, There being no objection, the mate- Ranking Member, Committee on Homeland Se- strengths and weaknesses. The com- rial was ordered to be printed in the curity and Governmental Affairs, U.S. Sen- mittee also held numerous briefings RECORD, as follows; ate, Washington, DC. with chemical facility owners, trade SEPTEMBER 25, 2018. DEAR CHAIRMAN JOHNSON AND RANKING groups, DHS, and other relevant agen- Hon. RON JOHNSON. MEMBER MCCASKILL: The Agricultural Re- cies. Chairman, Committee on Homeland Security tailers Association (ARA) and The Fertilizer After gathering information and and Governmental Affairs, U.S. Senate, Institute (TFI) strongly support the ‘‘Pro- talking directly with stakeholders, Washington, DC. tecting and Securing Chemical Facilities here is what we have learned: DHS has DEAR CHAIRMAN JOHNSON: The Chemical from Terrorist Attacks Act of 2018’’ (S. 3405). Facility Anti-Terrorism Standards (CFATS) Thousands of ARA and TFI member facili- made significant progress under the Coalition comprises a diverse group of trade ties are subject to the Chemical Facility 2014 reforms by eliminating the back- associations and companies impacted by Anti-Terrorism Standards (CFATS) program log and improving management of the CFATS regulations. Coalition members rep- administered by the Department of Home- program, but more work is necessary. resent major sectors of the American econ- land Security (DHS) because they store, han- It is still far from clear that CFATS omy, including chemical production, chem- dle, and sell certain CFATS chemicals of in- actually reduces the risk of terrorist ical distribution and storage, manufacturing, terest (COI), such as anhydrous ammonia attack, and DHS does not measure oil and gas refining, utilities, mining, and and ammonium nitrate. whether it actually does so. The pro- agricultural goods and services. The busi- Safety and security of facilities—to pro- gram forces some explosive material nesses we represent are an integral part of tect workers and the surrounding commu- the American economy, making our modern nities—is paramount to ARA and TFI mem- companies to spend hundreds of thou- society possible. Our members have no high- bers. That is why ARA, TFI, and our mem- sands of dollars complying with CFATS er priority than ensuring the safety and se- bers created the ResponsibleAg stewardship regulations that are duplicative of Jus- curity of our products, our people, and our program. ResponsibleAg is a voluntary, in- tice Department regulations and sub- communities. dustry-led initiative committed to helping

VerDate Sep 11 2014 03:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.049 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7225 agribusinesses properly store and handle Founded in 1913, IME is the safety and se- UNANIMOUS CONSENT REQUEST— farm input supplies. The program helps curity institute for the commercial explo- CALENDAR NO. 670, S. 3405 members ensure they are compliant with fed- sives industry, a charge we do not take light- eral environmental, health, safety, security, ly, as evidenced by the industry’s excellent Mr. JOHNSON. Mr. President, I ask and transportation regulations, including security track record and work with the Bu- unanimous consent that the Senate CFATS, to keep employees, customers and reau of Alcohol, Tobacco, Firearms, and Ex- proceed to the immediate consider- communities safe. plosives, among other agencies. IME rep- ation of Calendar No. 670, S. 3405. I fur- The CFATS program provides an impor- resents manufacturers of commercial explo- ther ask that the committee-reported tant framework to ensure facilities are tak- sives and other companies that distribute ex- substitute amendment be withdrawn; ing appropriate steps to be safe and secure. plosives or provide related services. Commer- the Johnson substitute amendment at The current Congressional authorization for cial explosives are used in every state and the desk be considered and agreed to; CFATS is set to expire in January of 2019. are distributed worldwide. The ability to Any lapse in authorization of the CFATS manufacture and distribute these products the bill, as amended, be considered program would subject our members to un- safely and securely is critical to this indus- read a third time and passed; and the certainty in an already volatile agricultural try and to the mining, construction, and oil motions to reconsider be considered market and environment. & gas industries that use our products. IME made and laid upon the table. S. 3405 makes several improvements to the takes an active role in promoting respon- The PRESIDING OFFICER. Is there CFATS program. We are pleased to see the sible practices through the full life cycle of objection? legislation requires DHS to conduct notice commercial explosives and regularly pub- The Senator from Delaware. and comment rulemakings to make changes lishes, updates, and distributes free of Mr. CARPER. Thank you, Mr. Presi- to Appendix A. This requirement will ensure charge, our series of Safety Library Publica- dent. a thorough exchange of information is done tions (SLPs), including SLP 27, Security in so the most informed decisions can be made. In the wake of 9/11, Congress took a Manufacturing, Transportation, Storage and fresh—I want us to walk back in time ARA and TFI also appreciate the inclusion Use of Commercial Explosives, to the benefit of Section 7, which would make the Per- of our workers and the general public. a little bit to how we actually got here sonnel Surety Program requirements of Your leadership, as demonstrated by in- today. CFATS optional for tier 3 and 4 facilities. cluding improvements identified during the In the wake of 9/11, Congress took a Tiers 3 and 4 facilities do not face the same June CFATS roundtable oversight hearing fresh look at some of our Nation’s vul- insider threat possibility as tiers 1 and 2. which you chaired, is greatly appreciated. nerabilities and realized that our coun- This provision gives industry the flexibility The commercial explosives industry looks try’s chemical facilities—part of our to find a personnel surety solution that best forward to work with you and the Com- fits their facility and security needs. industry that our Presiding Officer mittee to reauthorize the CFATS program. knows a lot about—realized that our ARA and TFI also strongly support Section We believe that S. 3405 enhances national se- 5, entitled, ‘‘CFATS Recognition Program.’’ curity while reducing blatantly duplicative country’s chemical facilities could be This portion of the legislation will allow regulations; clearing the path for govern- potential targets for terrorist attacks. DHS to utilize and focus limited resources, ment to focus resources on highest priority So we created the Chemical Facility while incentivizing other facilities to volun- threats to our national security while allow- Anti-Terrorism Standards Program, tarily come into compliance through stew- ing industry to invest their time and re- known as CFATS, to better protect ardship programs. Stewardship programs, sources in a regulatory system that has high-risk chemical facilities from like ResponsibleAg, are already working to proven to be effective. identify gaps in CFATS compliance at agri- those looking to do us harm. IME fully endorses S. 3405 and urge the My recollection is not perfect, but cultural retail facilities. When gaps in com- Senate to pass this common-sense solution pliance are identified, ResponsibleAg works without delay. We welcome the opportunity my recollection is that among the peo- with the facility on a timely and thorough to work with you to advance this important ple who were the prime authors of that corrective action plan to bring that facility legislation. were, I believe, Senator COLLINS from into compliance. A ‘‘CFATS Recognition Respectfully, Maine and possibly Senator Lieberman Program’’ would be a great ‘‘win-win’’ and JOHN BOLING, from Connecticut, the senior Democrat strengthen the collaborative partnership be- Vice President of Government Affairs. and senior Republican on the Home- tween industry and government. Finally, thank you for your leadership re- Mr. JOHNSON. Having gone through land Security Committee at that time. garding reauthorization of the CFATS pro- all this work, all this oversight, taking The program that was created—I be- gram. We appreciate all of you and your that responsibility seriously, I recently lieve, and I hope I am not mistaken, staffs’ efforts to make a good government have been asked to support a 1-year re- with their guidance and leadership at program better. authorization of the program without that time, roughly 10 years ago—start- Should you have any questions, please any reforms. Without any consulta- ed out with some stumbles out of the reach out to our staff, Kyle Liske at ARA. tion, Secretary Nielsen just sent me a gate, as some of you may recall. The Sincerely, DAREN COPPOCK, letter completely ignoring the work Department of Homeland Security— President and CEO, our committee has done and informing then a younger organization—lacked Agricultural Retail- of her support for a ‘‘short-term’’ ex- the trust of industry. The program also ers Association. tension. lacked a long-term authorization. CHRIS JAHN, Today, I was told the House plans to There was a fair amount of concern President and CEO, pass not a 1-year but a 2-year extension about predictability, and we know how The Fertilizer Insti- with no reforms. The House is claiming businesses like predictability and cer- tute. they cannot possibly consider reforms tainty, which is understandable. INSTITUTE OF MAKERS OF EXPLOSIVES, because there is simply not enough In 2014, Senator Coburn and I, the Washington, DC, September 12, 2018. time, because they haven’t done any chairman of the committee at the Hon. RON JOHNSON, oversight, because they didn’t mark up time—and he was the ranking mem- U.S. Senate, a bill in this Congress. Yet the House ber—we had what turned out to be a Washington, DC. Committee on Homeland Security has great partnership on a lot of issues, in- DEAR SENATOR JOHNSON: Yesterday our na- had years to act. cluding this one. We worked with in- tion marked another somber milestone, the My committee did the work. We did dustry stakeholders, the Department of 17th anniversary of the terrorist attacks of September 11, 2001. That tragedy led to great act. Now I am being threatened with a Homeland Security, their folks, labor changes in our government, including the es- false choice: Either reauthorize the groups, and others in order to provide tablishment of the Department of Homeland program as is, without much needed re- CFATS with a clear statutory author- Security (DHS). As directed by Congress, forms, or let it die. In fact, there is a ization laying out the roles and respon- DHS focuses on securing high-risk chemical much better third choice: Pass S. 3405, sibilities of chemical facility owners in plants through the Chemical Facility Anti- the bill our committee passed unani- securing their sites against attack. Terrorism Standards (CFATS) program. The mously, the bill that provides unani- What was first created when CFATS members of the Institute of Makers of Explo- mous reforms that strike the right bal- was a brandnew bill becoming a sives (IME) fully support your legislation brandnew law was obviously not per- that reauthorizes this important program, ance between security and efficiency. the Protecting and Securing Chemical Fa- Again, our committee did the work. fect. That is why we came back rough- cilities from Terrorist Attacks Act of 2018 (S. We did act. And I have to tell all my ly 5 years later to perfect it. What we 3405), and we urge the Senate to approve the colleagues here, this is the only option did in 2014—I think that is the right legislation. I will support. year—what we did then was not perfect

VerDate Sep 11 2014 02:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.009 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7226 CONGRESSIONAL RECORD — SENATE November 29, 2018 either. I think he knew that, and I ing members of the House’s Homeland which has jurisdiction, would like to knew that as well. Security Committee and the Energy see us try to work it out. As the chair- Having said that, it appears, for the and Commerce Committee—commit- man knows and as the Presiding Officer most part, that the reauthorization tees that have shared jurisdiction over knows, we are working on a number of that we worked on is working. It is not the CFATS Program—basically an- things together, and it is always my in- perfect, but it is working a whole lot swered the administration’s Secretary clination to try to work things out. I better than what has been replaced. of Homeland Security’s call by intro- think there is a win-win here. We just The GAO, for example, has reported ducing a bipartisan bill to reauthorize need to work a little harder to, as we that the Department eliminated the in- the program for 2 years. Their bill—al- say in Delaware, seize the day. I don’t spections backlog. We had a very long though, not perfect—would provide a 2- know much Latin, but I do know inspections backlog—huge. We have year extension—not perfect—or a 1- ‘‘carpe diem.’’ In Delaware, we say worked through that, and the Depart- year extension—not perfect. Their bill ‘‘car-pa dee-um.’’ We need to seize the ment has worked through that. I think would provide industry and stake- day before time expires in a couple of we are seeing, over time, improved holders with the certainty they need weeks. That would be my thought. trust and a sense of cooperation be- but, maybe, not without some of the I yield to the chairman for any tween the Department and the stake- changes that should be made in the thoughts that he has. He may want to holders, including those in the indus- program as we know it. pour water on what I just said. I hope try. I am trying to remember the name of not. The authorization that Senator a Paul Newman movie. Maybe the The PRESIDING OFFICER. The Sen- Coburn and I worked on, which was al- chairman can help me. I think it was ator from Wisconsin. most 5 years ago, is set to expire in ‘‘Cool Hand Luke.’’ Maybe the Pre- Mr. JOHNSON. I am happy to re- January. If it does, this important siding Officer can help me with the spond. The Senator from Delaware is well anti-terrorism program will, most like- movie Newman was in when he was aware that we have been working. We ly, go back to a year-to-year authoriza- captured and was a prisoner and an in- have already agreed on three improve- tion. Industry and labor groups and the mate. He escaped, and he was hard to ments from your standpoint. We in- Department deserve, I think, more cer- catch. Before he escaped, he was al- crease the frequency of inspections for tainty than that this time. ways at odds with the warden, who was To his credit, Chairman RON JOHNSON companies participating in CFATS rec- a short, stout guy. It was cast in the and his staff have worked coopera- ognition programs. We have added a South, so this guy had a real southern tively with mine this week to address a third-party study to look at how work- accent—the warden. They tracked him number of outstanding issues with the ers can be made more aware of the fact down. They had dogs, and they were bill that was reported out of com- that their facilities are covered by doing everything they could to track mittee. It was one of those bills that CFATS. We had a future GAO study to down the character who was played by was reported out of the committee— look back at how our provision ex- and we have all been there with, I Paul Newman. empting explosive materials covered by I see the Presiding Officer smile. He think, an implicit understanding, a both CFATS and ATF is affecting the remembers this movie. tacit understanding, that some work program. They finally captured Paul Newman, We are already making movement. If would be done on the bill on the way to and the warden was really happy that the floor. With that in mind, at least you want to discuss this for a few more they had their guy. He looked at Paul this week, there has been an effort to days, fine. Time is, obviously, running Newman, and I will never forget what do that from his staff and, I think, out. he said: ‘‘What we’ve got here is failure from my staff. I do want to make everybody aware I thank him for his willingness to re- to communicate.’’ Yet I cannot do jus- of the fact that because we have done insert the enhancement to whistle- tice to his accent. this work, because we have passed this I think, really, what we have here is blower protections that our ranking out of our committee unanimously, I a failure to communicate. Senator RON member of the Homeland Security am not in any way, shape or form, ac- JOHNSON and I get along pretty well, I Committee, CLAIRE MCCASKILL, and cepting some of the typifications in her staff worked hard to try to en- hope. Until, actually, today or yester- terms of the fact that we have not shrine. However, the bill still contains day, we haven’t had the kind of com- communicated. We have been trying a number of concerning provisions. munication on this issue that we ought for months to work with the House. Most importantly, the bill would ex- to have been having on something this There has just been no yield whatso- empt facilities that store and manufac- important. I can object, and he can ob- ever. There has been no give whatso- ture some of the most dangerous mate- ject to anything I might try to do with ever. There has been very little desire rials—chemical explosives—from regu- a 1- or a 2-year straight extension, but on its part to do anything other than lation under CFATS if they are subject I think what we really need to do is to have a ‘‘take it or leave it,’’ a ‘‘let’s to a separate regulatory program. This kind of like lay down our arms—not extend this,’’ a ‘‘no reforms.’’ That is, change, as far as I know, has not been literally our arms—and go back not simply, unacceptable to me. studied adequately, as a number of necessarily to our respective corners I have great respect for President folks have suggested, and if enacted, it but to a negotiating table and, maybe, Ronald Reagan. I don’t want to prove could expose our communities to sig- even invite some of our House col- him wrong. I, actually, want to reau- nificant harm. leagues and the Department—which, thorize this thing. Yet if we can’t come Earlier today, I was surprised to re- obviously, has a clear interest in doing to an agreement with a reformed, reau- ceive a copy of a letter that I hold here this—and some other stakeholders to thorized CFATS Program, I am more from the Secretary of Homeland Secu- join us as well. than willing to prove Ronald Reagan rity. I think the chairman alluded to it We are going to be in session. What is wrong when he said, to paraphrase, already. This letter from Secretary today? Today is the 29th of November. that the closest thing to eternal life on Nielsen basically urges caution in We could be here for a couple more this Earth is a government program. I making the kinds of changes that our weeks. I think there is probably time will let the program expire because I chairman’s bill would provide. She has to, maybe, hammer something out. At really do not think it really enhances urged the House and the Senate to pass the end of the day, if we are not suc- the security of our Nation. It, cer- a clean reauthorization of the program cessful in doing that, then we come tainly, has not been proven in that in order to ensure that it does not back out here and go through all of way, and without reforms, I am happy elapse. So I was surprised to get this this machination and object and to let this program go by the way of today and, I think, anticipating I counter object and so forth. the dinosaur. would have this opportunity to have a I think the folks who care about this I yield the floor. back-and-forth with our chairman on a and the communities that care about The PRESIDING OFFICER. The Sen- unanimous consent request. this—the folks who are in the chemi- ator from Delaware. I was also surprised to hear this cals business and the folks who make Mr. CARPER. I am trying to think of morning that the chairs and the rank- explosives—as well as the Department, a really quick comeback to this, but

VerDate Sep 11 2014 02:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.050 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7227 my memory fails me. I have a pretty The PRESIDING OFFICER. The Sen- We all know that a few weeks ago we good one from JOHN KENNEDY, who ator from Wisconsin. celebrated Veterans Day. As part of once said to never negotiate out of fear Mr. JOHNSON. Mr. President, I am that celebration and as part of our but always be ready to negotiate. That not withdrawing my unanimous con- ‘‘Alaskan of the Week’’ series, I want is the preference—to never negotiate sent request. He can object to it, and to recognize today’s Alaskan of the out of fear but be willing to negotiate. we will work with him, but I will not Week, Mr. Ron Travis, along with his I would just suggest that we kind of consider that the final say. We will wife Linda, and what they have done in withdraw from what we are trying to work in very good faith to come up terms of spending years making a dif- do here in a parliamentary way and get with something better and come back ference for American veterans—Alas- back to negotiating. If, in the end, we to the floor, hopefully, with a bill that kan veterans—hundreds, if not thou- come back here in a week or two, we we have agreed to. sands. come back, but I would like to give it Mr. CARPER. I don’t get to object to Let me tell you a little bit about the old college try. unanimous consent requests every day. Ron. He came from a patriotic family. Mr. JOHNSON. Will the Senator I think I will do that in this case just His father fought in World War II. His yield? to see what it feels like, but do it in mother was a member of the VFW Aux- Mr. CARPER. I yield to the Senator. the spirit of trying to get something iliary. In 1961, Ron joined the Navy, Mr. JOHNSON. Again, I am happy to done. where he served from 1960 to 1964 as a do that, but we have not had that kind The PRESIDING OFFICER. There is machinist’s mate, third class, on the of engagement. Right now, there is, ba- an objection to the unanimous consent USS Providence. This was a guided-mis- sically, a gun to my head, threatening request. sile cruiser and was the first U.S. Navy me to take it or leave it. That is not Mr. JOHNSON. The objection is ship to travel up the Saigon River and collegial, and that is not a very high- taken in that spirit. park in front of Saigon during the integrity approach. I am happy to sit Mr. CARPER. Good. All right. Thank Vietnam war. So he is a Vietnam vet. down. Let’s continue working on this you. We love our Vietnam vets. thing. This program needs reforms. We Democracy. What did Churchill say? After he got out of the military, he have done the work, and I think that Democracy is the worst form of govern- used the GI bill to go to college at work needs to be recognized and re- ment devised by way of man, except for what was then Eastern Washington spected. Again, let’s sit down and get all the rest. He also said that you can College in 1967. There was a lot of tur- our staffs together on this, and let’s re- always count on America to do the moil during that time in our country, authorize and reform the CFATS Pro- right thing in the end, after trying ev- particularly on college campuses. This gram. erything else. Hopefully, in the end, we was during the height of the Vietnam Mr. CARPER. I welcome your words. will get a lot closer to perfection. So war. There were a lot of protests. I used to be a House Member. I think let’s give it a shot. When he was in college, like so many we need to respect their views as well. I yield the floor. Vietnam veterans, he was certainly Obviously, they have some views that The PRESIDING OFFICER. The Sen- upset to see a lot of the protests. He need to be taken into account. This is ator from Alaska. was particularly infuriated to see his not something I have discussed with TRIBUTE TO RON TRAVIS professors canceling class so they could the Secretary. I don’t even know how Mr. SULLIVAN. Mr. President, it is join the protestors. He said: ‘‘A lot of much she has thought about it, given Thursday, and that means it is typi- the teachers we had didn’t even know everything else that is on her plate. cally time for me to recognize some- what Vietnam was,’’ but they went out Yet, clearly, she has people who work body in my State who has made a big and protested. for her who have thought about it a difference for Alaska, sometimes some- However, there was a rule on campus lot, and I would very much welcome one who has made a big difference for that even if one student showed up for the chance to reengage with our chair- America. We like to call that person class, the professor couldn’t cancel the man, his staff, and our staff but with the Alaskan of the Week. class to join the protestors. So Ron and some of the other stakeholders we have For the pages, I know this is your fa- other veterans formed a club. They or- talked about here being engaged as vorite time of the week because these ganized a club at their university to well. We need to put some pedal to the are usually great stories about great make sure there was a veteran in every metal and get something done. Alaskans, great Americans. Today, I classroom. It was a pretty good idea— Mr. JOHNSON. Will the Senator guarantee you I am not going to dis- keep the professors doing what they please yield? appoint you talking about another were supposed to be doing, teaching. The PRESIDING OFFICER. The Sen- great Alaskan. They also helped veterans pay for ator from Wisconsin. I like to brag about Alaska—its beau- books they needed and got them help Mr. JOHNSON. Had the House put an ty, its mystique, its great people, its with their classes. Again, veterans ounce of effort—of work—into this, I vastness, its welcoming communities, helping veterans is what Ron has been would have something to respect, but its tough people, and its tough environ- doing his whole life. It turned into the they have done nothing other than, ba- ment. Everybody should visit. biggest club on campus. sically, just to threaten me with these If you are watching, come on up, and There was another club on campus— types of tactics. So, again, let’s work come on up in winter, by the way, not it is kind of infamous—the Students together. Let’s provide a product that just the summer. The northern lights for a Democratic Society, better we can present to the House and that are out. You can see them. They are known as the SDS. It was not nec- they can pass. beautiful. We actually get a lot of tour- essarily the most pro-military group in The PRESIDING OFFICER. There is ists in the winter, believe it or not. the country at the time, to say the before the Senate a pending unanimous There is something else that is very least. At one point, they tried to take consent request. unique about my State, very special, over the veterans club’s canteen, but Is there objection? and it is this: It is one of the most pa- that didn’t work. As Ron said, ‘‘They Mr. CARPER. Mr. President, I was triotic States in the entire country. forgot one thing. We would fight for prepared to ask the Senator to modify There are more veterans per capita what we believe in.’’ We had already his request to the Senate and, instead, than any State in America. We like to done that. take up a bill that I have introduced brag about that. I certainly like to Now, fortunately, it never came to that basically reflects what the Sec- brag about my constituents who serve blows. He is quick to point that out, retary has done and what the House in the military and their families’ sac- but the SDS certainly backed down to has done and is at the desk. rifice. So many of these veterans—like Ron’s veterans club. Help me on this, Mr. President. I they do throughout the country, so Eventually, Ron made his way up to think the chairman of the committee many of our Alaskan veterans devote the great State of Alaska to work on is willing to withdraw his unanimous time, energy, and resources to giving the Trans-Alaska Pipeline. Like so consent request. I think that is a good back to the community but to also many people who come up to our State, way to go. helping with other veterans. he fell in love with it. He brought his

VerDate Sep 11 2014 02:50 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.052 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7228 CONGRESSIONAL RECORD — SENATE November 29, 2018 wife Linda to Alaska to settle. They can while they are still with us. Of been neglected by the power structures settled in a wonderful community course, it is a trip of a lifetime for so in those communities. called Big Lake—it is about an hour’s many of these veterans. A ‘‘wonderful Let’s take, for example, South St. drive from Anchorage—and they made gift,’’ one veteran called it. Others Petersburg, FL. St. Petersburg is a a wonderful life for themselves. They have referred to it as their ‘‘final mis- part of Pinellas County. It is one of our built a cabin off the grid. They raised sion.’’ major cities in Florida. It is at the tip their kids in Alaska. Ron says, the veterans often shed of a peninsula that wraps around Ron worked as a mechanic all across tears in front of the World War II Me- Tampa Bay. South St. Pete is riddled the State, then as a parole officer. morial. ‘‘It takes them by surprise,’’ he with poverty. According to the Census Eventually, he realized he had health said. ‘‘They often don’t realize how Bureau, 16.4 percent of the people who issues associated with the service in much they feel’’ until they see it. It is live there live below the Federal pov- Vietnam—exposure to Agent Orange. a healing mission and trip for them. erty line, 6.7 percent of which have The American Legion advocated for They do a lot of things during these jobs, but they still live in poverty. him to get help, so he joined the Amer- trips. ‘‘It’s an honor to be part of it.’’ Now, there is something wrong with ican Legion—Post 35, in particular—in I try to see Ron and his team every that. If you have a job, you shouldn’t Wasilla, AK, and began to get more and time they come to Washington, DC. We be living in poverty. more involved in veterans’ issues, even- usually greet them with a couple dozen What we know, as a result of a survey tually becoming the commander of the doughnuts when they are out looking by the United Way, is that 44 percent post. at these wonderful memorials. of people in Florida, according to this Then, again, duty called another Ron recalls one particularly wonder- survey taken in 2016—44 percent of the time for Ron to help with regard to our ful moment with one of the World War people in Florida, almost half—do not veterans. II veterans he brought from Alaska earn enough money to make ends meet. I say to the Presiding Officer, no when he was in front of the World War That means they don’t have enough doubt you and most other people II Memorial. He was approached by a money for food, for housing, for watching have heard about this great woman who was also visiting the me- healthcare, for transportation, and for network of Americans called the Honor morial. He saw them talking. Then child care—essentials for someone who Flight Network. This network has they hugged. Then they cried—total is working to be able to have enough to chapters in individual States that strangers. What was going on there? live day to day. So there is something bring veterans to Washington, DC, at This woman’s parents had been at wrong with this. no cost to the veteran so they can visit the concentration camp, Dachau. The We find people living in pockets of the memorials that, in many ways, veteran—the World War II veteran, the poverty all across this country, but I they have dedicated their lives to—the Alaskan veteran—had been part of the want to give an example of it in South World War II Memorial, the Korean unit that liberated the camp. Her par- St. Petersburg, FL. Many people there War Memorial, the Vietnam Memorial. ents, she said, were in some ways alive It is an outstanding program that don’t make enough to make ends meet started with bringing World War II vet- because of what he and his unit did to and, of course, that means that you erans here who haven’t seen the won- liberate them. That happened right have to have both spouses working. derful World War II Memorial on the here on the Mall—powerful. Forty-four percent of the people do not Ron credits the community in Alaska Mall that was built for them and fin- have an economic situation that en- for making these trips possible. Of ished in 2004. ables them to make ends meet. So Because of Alaska’s distance—lit- course, he and Linda are being humble. what do they do to compensate? They erally thousands of miles from DC—we There has been great community in- work two, three jobs in order to com- did not have a program. Despite having volvement. Alaska Airlines pays for pensate. all of these veterans, we did not have the flights for the veterans and offers So in South St. Petersburg there are an Honor Flight Program. Well, guess discounts for the escorts. Various com- a lot of people who don’t even have a who changed that. Ron and his wife munity organizations and veterans job. It is not because they don’t want Linda. groups and businesses help pay for the jobs. It is because a lot of the estab- They were at a veterans facility hotel rooms and all of the food. Volun- lished financial power—including when they were down in Washington teers and board members come to- banks, corporations, and big inves- State visiting Ron’s mother in a rest gether to raise money. tors—in areas that are depressed like home. At that facility, they met an- The community that helps with these this one see it as a lost cause. They other veteran. He told him all about trips includes our Active-Duty and Re- don’t believe it has the economic po- the Honor Flight Program and showed serve Forces in Alaska. Back home, tential to support new business. him pictures of a recent trip. He said: when they come home—many of whom I want to tell you a great success Do you know what? Alaska needs to do are in wheelchairs—hundreds of Alas- story about what a husband and wife this. Alaska needs to do this. Ron said: kans come out to greet them in the air- team, Elihu and Carolyn Brayboy, Someone should start one. Someone port. It is great. It is wonderful. found out when they tried to open a should start one of these programs. He It is the community of my State and restaurant on 22nd Street in South St. looked at his wife, and they realized really the community of this great Pete, an economically depressed part they were going to start it, and the country coming together, but it needs of the town that was long overlooked Last Frontier Honor Flight Program leaders. It needs leaders, and Ron and by those at the top of the economic was born. Linda have been those leaders, found- ladder. I want to show my colleagues a Two times every year, since 2013, ing the Alaska Last Frontier Honor picture of them. This is the Brayboys. they organize a trip for up to 25 vet- Flight. In fact, the building the Brayboys erans, their escorts, a photographer, a I thank Ron and Linda for their great wanted to use for their restaurant sat doctor, and two staff members. They service to Alaska, great service to idle for the previous 35 years. It was come to Washington, DC, to visit the their country, great service to our vet- basically wasting away. When the different memorials for our veterans erans, for all they have done, and con- Brayboys went looking for a loan to living in Alaska—World War II, Korea, gratulate them on being our Alaskans buy the building, every lender they and Vietnam. All told, they have orga- of the Week. went to said: No, it is too depressed. It nized trips for 286 veterans. One hun- I yield the floor. sat vacant for 35 years. dred fifty-five of them fought in World The PRESIDING OFFICER. The Sen- Everywhere they went, they heard War II just from Alaska. ator from Florida. the same thing: The community will It is not an easy flight, especially for EMPOWERING OUR LOCAL COMMUNITIES not be able to bring in enough business, some of our older veterans, but they Mr. NELSON. Mr. President, I want and you will not be able to get enough are all doing it through Ron’s and to talk about trickle-down economics customers from outside the community Linda’s love and care and dedication. and give my colleagues an example of to visit that area. His goal is to try to reach out to as why it doesn’t work, particularly in Most people would have given up many World War II veterans as they parts of the country that have long after receiving so many noes or given

VerDate Sep 11 2014 04:32 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.053 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7229 in to the pressure to put the restaurant property, for the first 3 years in that EXECUTIVE CALENDAR—Continued in a more acceptable part of town, but building, would be a tax deduction. The The PRESIDING OFFICER. The Sen- like most people in South St. Pete, the deduction would be capped. It could be, ate will come to order, please. Brayboys are a different cut because in legislation, at 50 percent of the they are not easily deterred. If there is business’s wages to make sure that the f one thing my colleagues should know employees are also getting a benefit, LEGISLATIVE SESSION about the people of South St. Pete, it and the more the business pays its em- is this: Don’t test their resolve, be- ployees, the more the business saves cause you are in for a surprise. with that tax deduction and, therefore, MORNING BUSINESS Undeterred, Mr. and Mrs. Brayboys saves in taxes. Mr. KENNEDY. Mr. President, I ask took money out of their 401(k) ac- Simply put, the bill, or legislation unanimous consent that the Senate counts and poured all of their life sav- like it, will make it easier for local en- proceed to legislative session for a pe- ings into buying that hulk of a build- trepreneurs to rebuild their commu- riod of morning business with Senators ing on 22nd Street. After gutting the nity, helping to turn more places like permitted to speak therein for up to 10 inside and pouring in their blood, this first photo into places like Chief’s minutes each. sweat, and tears into remodeling the Creole Cafe. The PRESIDING OFFICER. Without property, Chief’s Creole Cafe opened in Now, that is what we ought to be objection, it is so ordered. November of 2014 and has been going doing, not digging out old policies from strong ever since, creating jobs and the 1980s and calling it something new f like our colleagues here in the Con- changing the way people think about S.J. RES. 54 South St. Pete. This is a picture of how gress did last year with the tax bill. the restaurant looks today. The tax bill added trillions to the na- Mr. LEAHY. Mr. President, I hope Despite the warnings of all of those tional debt and made it easier for big the Saudi royal family was paying at- doubtful lenders, they have been able corporations to game the tax system tention to yesterday’s debate in the to sustain the business by attracting and put Social Security, Medicare, U.S. Senate. The bipartisan vote on both locals and customers from outside Medicaid, our infrastructure, and all S.J. Res. 54, of which I am a cosponsor, of the area of South St. Pete. Does that other sorts of priorities at risk because was significant for multiple reasons, not look like something that is a well- the entire national debt is run up $2 but most of all for what it says about run, growing, successful business? trillion over a 10-year period. the potency of the outrage and disgust So the old saying stands: If you build Where is the money to do all of these in this country and in the Congress it, and if you really try, they will other priorities—Medicaid, Medicare, about the conduct of Mohammed bin come. infrastructure, Social Security? Salman, the Saudi Crown Prince. Now, this is a great story of stubborn When big corporations see places like That outrage has been building over determination triumphing over fear South St. Pete, they don’t necessarily time, as the number of civilian casual- and adversity and rejection after rejec- see the financial opportunity that Mr. ties since Saudi Arabia’s intervention tion, but this type of story is few and and Mrs. Brayboy saw and turn it into and ongoing aerial bombardment of a going concern. They don’t necessarily far between in too many parts of Flor- Yemen—one of the world’s poorest want to empower places. Sometimes it ida and across the country. countries—has swollen into the thou- So let me show you another picture. just goes over their heads, and they sands. We have all seen the photo- This is the Three Oaks Plaza. The miss the opportunity. graphs of the dead and dying and of We need to incentivize local people to Three Oaks Plaza used to be the loca- children who are just skin and bones. It revitalize a community and, in the tion of a Dollar Tree store, but the is said that 85,000 children already have process, to be economically successful. store closed last year. This is how it starved to death. The UN warns that 13 We need to create more stories like the used to look, and this is how it looks million Yemeni civilians could starve successful story of the Brayboys. We now. The closing of the Dollar Tree to death by the end of this year, if the need to make it easier for locals to store came on the heels of the closing war does not end. take old, abandoned buildings and turn of the local Walmart nearby. Of course, the Houthis and their Ira- them into new, thriving businesses Unfortunately, this is all too com- nian benefactors share much of the that value their people and employ mon in South St. Pete and too many blame for the death and destruction in local residents. We need to encourage other parts of Florida. The problem Yemen, but we are not supporting local communities, which understand isn’t new, but we need a new way to them. Rather, until recently, we were their own needs, to be financially suc- think about it. We need economic poli- providing aerial refueling for Saudi cessful and have an opportunity to do cies that rely less on outside investors warplanes, and we continue to provide that. the Saudis with intelligence and tar- and outside companies to come in and Despite what others say, instead of a geting assistance. remake the image of the area and rely tax bill that raises the national debt by As if the kidnapping of Lebanese more, instead, on empowering local $2 trillion, wouldn’t you believe that if Prime Minister Hariri, the blockade of residents to create their own busi- we could do this all over America, it Qatar, the imprisonment of women’s nesses. They are more likely to keep would help so much of the economic rights activists, and the carnage in profits in the community, creating a underpinnings of our country? more sustainable loop of economic ac- Let’s think of a way that it should Yemen were not enough, the outrage tivity. be, and this is one way. We need to do toward the Crown Prince finally boiled That is what I want to recommend more to lift up those at the bottom and over with the horrific, premeditated that this Senate and future Senates do help them help themselves. I hope our murder of Jamal Khashoggi, a re- with legislation. Consider the example colleagues will agree, and I hope our spected journalist, Saudi citizen, and of legislation that I introduced earlier colleagues will consider legislation like American resident, who had criticized this year called the Economic Mod- this in the future. the royal family. ernization Act. That bill does a lot of I yield the floor. Mr. Khashoggi’s murder and dis- things, but one key thing it does is to memberment by Saudi Government f create a new tax break for local busi- agents at the Saudi consulate in nesses that move into buildings that RECESS Istanbul triggered an international have long sat idle and vacant. Under a The PRESIDING OFFICER. In my outcry, and it exposed the depth of de- piece of legislation such as that, if a capacity as the Senator from Lou- pravity of the Saudi royal family. That business moves into a building that has isiana, the Senate stands in recess an ally of the United States would so been vacant for 2 or more years and until 7:20 p.m. brazenly commit such a crime and then renovates the property, the business Thereupon, the Senate, at 7:07 p.m., so blatantly attempt to cover it up, would be able to get a tax deduction recessed until 7:20 p.m. and reassem- speaks volumes. worth many more times than what it bled when called to order by the Pre- After a string of lies by the Saudi au- put into it. Any profits earned at the siding Officer (Mr. KENNEDY). thorities, it is only due to the Turkish

VerDate Sep 11 2014 04:32 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.055 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7230 CONGRESSIONAL RECORD — SENATE November 29, 2018 Government and independent inves- This crime, on top of everything else, this storm and remain in power for tigative journalists that we know that was so wicked, so repulsive, that no years to come. Mr. Khashoggi was murdered, a crime amount of money, no amount of oil, Journalists the world over face un- punishable by death in Saudi Arabia and no amount of lies can obscure it. precedented dangers. Those who criti- and many other countries. In fact, far The Trump administration lobbied cize corrupt, repressive governments do lesser crimes—even some nonviolent hard against the resolution, warning so at great risk to their own safety and crimes—are punishable by death in that, despite the Saudi royal family’s the safety of their families. They are Saudi Arabia. many transgressions the U.S.-Saudi re- regularly the targets of harassment, While we owe thanks to the Turkish lationship is too important to risk. No threats, and assassination for nothing Government for exposing the facts one is seeking to sever relations with more than doing their job. If the Saudi about Mr. Khashoggi’s case, we cannot Saudi Arabia. But far more important royal family can escape punishment for ignore that Turkey’s President is that the United States stands for the the premeditated murder of a Wash- Erdogan is also responsible for wide- truth, for justice, for the laws of war, ington Post journalist, what does that spread repression, including the arbi- and that we don’t stand by when top of- say to journalists everywhere? What trary arrests and imprisonment of ficials of another government, whether does it say about the United States, if journalists, civil servants, and thou- ally or adversary, conspire to murder a we are willing to accept that? sands of other critics who have been journalist or dissident and lie about it. Yesterday, the vote to discharge S.J. convicted and locked away after unfair As of today, the Saudi authorities Res. 54 showed that we do not and will trials. Torture is rampant in Turkey’s continue to ignore appeals to reveal not accept it. If the Saudi royal family jails, as it is in Saudi Arabia. what happened to Khashoggi’s remains. hopes to salvage its tattered reputa- We know that multiple Saudi offi- After so many lies, they insist that the tion and relations with the United cials, including the Foreign Minister, 18 men under arrest are the only ones States, it will need to take far more de- Minister of Interior, Ambassador to the involved in Mr. Khashoggi’s murder. cisive action to end the mayhem in United States, and others—all mem- No one who knows anything about the Yemen and bring to justice all those bers of the royal family—lied to the Saudi royal family, which controls the responsible for murdering Jamal world, including on international tele- Saudi Government with an iron fist, Khashoggi. vision, repeatedly changing their story believes that. f about what happened to Mr. President Trump, who has been loath REMEMBERING LUIGI TELARA Khashoggi. Perhaps most revealing was to say anything that might implicate how cavalierly and shamelessly they the Saudi royal family, at one point Mr. LEAHY. Mr. President, I would lied, clearly assuming that their lies said there would be ‘‘very severe’’ con- like to take a moment to pay tribute would be accepted at face value. sequences if investigations conclude to Luigi Telara, who passed away ear- According to press reports the impul- that the Saudis are responsible. Since lier this year on April 1. An Italian sive Crown Prince, while disclaiming then, even as it has become obvious sculptor who hailed from the marble any involvement in or knowledge of that the Saudis, including the Crown quarries of Carrara, Italy, Luigi’s life the crime, shortly after Mr. Prince, are responsible, he has said was one of hard work, dedication, and Khashoggi’s disappearance referred to nothing further about what those con- beauty. While he spent a majority of him as a ‘‘dangerous jihadist,’’ which sequences would be. To the contrary, his life in Italy, Luigi lived in Proctor, was also false. he said ‘‘maybe he was, maybe he VT, where he worked for the Vermont The Saudis have yet to say what hap- wasn’t,’’ but either way, it doesn’t Marble Company for 6 years. Although pened to Khashoggi’s remains, except matter to President Trump. his time in America was short, the im- that they were turned over to a ‘‘local Secretary Pompeo has said that pact of his work can still be seen today collaborator.’’ Who and where is that Saudi Arabia has made a ‘‘serious com- in Vermont, New York, North Carolina, person? What more are they hiding? mitment’’ to hold senior leaders and of- Pennsylvania, and even right here in Reports indicate that the Saudis sent ficials accountable for the murder of the U.S. Capitol. a team to Istanbul to destroy evidence Mr. Khashoggi; yet so far, no senior Although fostered and honed in his of the crime, during the very period Saudi leader or official has been ar- home country, Luigi’s love for the art when the White House and State De- rested, and the Saudis appear to have of sculpting spread far beyond his Eu- partment were insisting that the Saudi rejected the Turkish Government’s de- ropean roots. After attending Profes- Government deserved more time to de- mand that the 18 individuals who have sional Institute for Marble, Industry, termine the facts. Instead, the Saudis been arrested be turned over to face and Crafts—l’Istituto Professionale per were trying to cover their tracks. justice where the crime occurred. l’Industria e l’Artigianato del Marmo— There is every reason to believe that According to press reports, the con- and later on Magistero d’Arte in Flor- the Saudi royal family is still lying clusion of U.S. intelligence experts is ence, the State of Vermont was lucky about who was involved. that such a heinous, premeditated enough to become a second home and a We also know that, before murdering crime by Saudi agents inside the Saudi source of inspiration for Luigi’s grand Mr. Khashoggi, the Saudi Government consulate could not have taken place marblework and refined artistry. He has had a long history of abducting, without the Crown Prince’s knowledge joined the Vermont Marble Company in imprisoning, and executing dissidents and support. Does anyone seriously be- 1955, where he was able to sculpt pieces and others after sham trials in viola- lieve otherwise? Yet yesterday, the CIA we continue to feature here today, on tion of international law. Director was barred by the White the steps of our Capitol. In the United States, the media’s at- House from meeting with Senators to It was during his 6 years at the tention, for a time, was diverted by answer questions about this. Knowing Vermont Marble Company that Luigi President Trump’s racist rants about a what we do about this White House, the Telara made his mark on our great so-called migrant invasion, his made inescapable conclusion is that what- democratic institution with his assist- up claims of voter fraud, his partisan ever she would have told us would have ance in the creation of the plaster mod- lies about Democrats, his steady contradicted the President’s defense of els of the god of war and goddess of stream of vitriolic and divisive rhet- the Saudi Government. peace statues that stand atop the Cap- oric that has incited others to violence Despite all the Saudis’ phony denials, itol steps. ‘‘War’’ is a male figure with here and abroad, premidterm election the President appears disposed to ig- his head slightly titled and his gaze frenzy, and now its aftermath. nore his own intelligence experts and fixed ahead, ready to conquer what is I mention this because, for the past rely instead on the Saudi royal family ahead of him. To the right of ‘‘War’’ is few weeks, the murder of Mr. to investigate itself. Why? To protect ‘‘Peace,’’ standing in a contrapposto Khashoggi had been eclipsed by other billions of dollars in contracts for U.S. pose, holding a fruit-bearing olive headlines. No longer. The vote on S.J. weapons purchased by the Saudis for branch in her left hand, extending it Res. 54 is the Senate’s initial answer to use in Yemen. The White House has ap- towards ‘‘War.’’ the Saudi royal family and to the parently concluded that Crown Prince Luigi’s work should serve as a subtle Trump administration. Mohammed bin Salman will ride out reminder of what is at stake when you

VerDate Sep 11 2014 06:25 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.006 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7231 are a Member of the Senate, the Na- issue a news release to notify the public of munications equipment, spare and repair tion’s conscience. An important mes- this proposed sale. parts, test sets, batteries, laptop computers, sage that is too often overlooked. Next Sincerely, publications and technical data, facility de- time you are running up the steps to GREGORY M. KAUSNER sign, personnel training and equipment, sys- (For Charles W. Hooper, Lieutenant tems integration support, Quality Assurance make it for a vote, take a second to ap- General, USA, Director). Teams and a Technical Assistance Fielding preciate the dedication to detail that Enclosures. Team, United States Government and con- was put into the statues by Luigi, by TRANSMITTAL NO. 19–07 tractor engineering and logistics personnel Francesco Tonelli, by Franco Marchini, services, and other related elements of logis- Notice of Proposed Issuance of Letter of tics support, training, sensors, and other re- and by Geno Fregosi at the Vermont Offer Pursuant to Section 36(b)(1) of the lated elements of logistics and program sup- Marble Company. Arms Export Control Act, as amended Following his tenure at the Vermont port. The estimated cost is $655 million. (i) Prospective Purchaser: Government of This proposed sale will support the foreign Marble Company, Luigi went back to Poland. policy and national security of the United his hometown of Carrara where he be- (ii) Total Estimated Value: States by improving the security of a NATO came a teacher at the Instituto d’Arte Major Defense Equipment* $335 million. ally which is an important force for political Felice Palama di Massa and held the Other $320 million. stability and economic progress in Europe. position of chair for 30 years. He never Total $655 million. This sale is consistent with U.S. initiatives lost his passion for the art of sculpting, (iii) Description and Quantity or Quan- to provide key allies in the region with mod- tities of Articles or Services under Consider- ern systems that will enhance interoper- as he would continue to carve as a pri- ation for Purchase: vate practice. ability with U.S. forces and increase secu- Major Defense Equipment (MDE): rity. Although not a citizen on paper, Twenty (20) High Mobility Artillery Rock- Poland intends to use these defense arti- Luigi exemplified what it means to be et System (HIMARS) M142 Launchers. cles and services to modernize its armed an American. The United States is a Thirty-six (36) Guided Multiple Launch forces and expand its capability to strength- country of immigrants after all, a Rocket System (GMLRS) M31A1 Unitary. en its homeland defense and deter regional great melting pot of cultures, and as Nine (9) Guided Multiple Launch Rocket threats. This will contribute to Poland’s Luigi’s life and work demonstrated, System (GMLRS) M30A1 Alternative War- interoperability with the United States and head. other allies. Poland will have no difficulty our democratic institutions are the Thirty (30) Army Tactical Missile System better for their service. Legacies like absorbing this equipment into its armed (ATACMS) M57 Unitary. forces. Luigi’s serve as a reminder of what we Twenty-four (24) Advanced Field Artillery The proposed sale of this equipment will as a nation lose when we put up walls Tactical Data Systems (AFATDS). not alter the basic military balance in the and close our doors to those seeking to Twenty (20) Multiple Launcher Pod Assem- region. do what our ancestors did before us. We bly M68A2 Trainers. The principal contractor will be Lockheed must not turn inward. We must con- Twenty-four (24) M1151A1 High Mobility Martin, Grand Prairie, TX. There are no Multi-purpose Wheeled Vehicles (HMMWVs). tinue to shine our great light and be known offset agreements proposed in connec- Nine (9) M1151A1 High Mobility Multi-pur- tion with this potential sale. the beacon of hope for the rest of the pose Wheel Vehicles (HMMWVs). Implementation of this proposed sale will world. Non-MDE: Also included are twenty (20) require U.S. Government or contractor rep- Low Cost Reduced Range (LCRR) practice resentatives to travel to Poland for program f rockets, support equipment, communica- management reviews to support the pro- tions equipment, spare and repair parts, test gram. Travel is expected to occur approxi- ARMS SALES NOTIFICATION sets, batteries, laptop computers, publica- mately twice per year as needed to support Mr. CORKER. Mr. President, section tions and technical data, facility design, per- equipment fielding and training. sonnel training and equipment, systems inte- 36(b) of the Arms Export Control Act There will be no adverse impact on U.S. de- gration support, Quality Assurance Teams fense readiness as a result of this proposed requires that Congress receive prior no- and a Technical Assistance Fielding Team, sale. tification of certain proposed arms United States Government and contractor TRANSMITTAL NO. 19–07 sales as defined by that statute. Upon engineering and logistics personnel services, Notice of Proposed Issuance of Letter of and other related elements of logistics sup- such notification, the Congress has 30 Offer Pursuant to Section 36(b)(1) of the port, training, sensors, and other related ele- calendar days during which the sale Arms Export Control Act ments of logistics and program support. may be reviewed. The provision stipu- Annex Item No. vii lates that, in the Senate, the notifica- (iv) Military Department: Army (PL–B– UDJ). (vii) Sensitivity of Technology: tion of proposed sales shall be sent to (v) Prior Related Cases, if any: None. 1. The High Mobility Artillery Rocket Sys- the chairman of the Senate Foreign (vi) Sales Commission, Fee, etc., Paid, Of- tems (HIMARS) is a highly mobile, all- Relations Committee. fered, or Agreed to be Paid: None. weather indirect area fire artillery system. In keeping with the committee’s in- (vii) Sensitivity of Technology Contained The HIMARS mission is to supplement can- tention to see that relevant informa- in the Defense Article or Defense Service non artillery to deliver a large volume of tion is available to the full Senate, I Proposed to be Sold: See Attached Annex. firepower within a short time against crit- ical time-sensitive targets. At shorter ask unanimous consent to have printed (viii) Date Report Delivered to Congress: November 29, 2018. ranges, HIMARS complements tube artillery in the RECORD the notifications which *As defined in Section 47(6) of the Arms with heavy barrages against assaulting have been received. If the cover letter Export Control Act. forces as well as in the counter-fire, or de- references a classified annex, then such fense suppression roles. The highest level of POLICY JUSTIFICATION annex is available to all Senators in classified information that could be dis- the office of the Foreign Relations Poland—High Mobility Artillery Rocket Sys- closed by a proposed sale, production, or by tem (HIMARS) and Related Support and testing of the end item is SECRET; the high- Committee, room SD–423. Equipment There being no objection, the mate- est level that must be disclosed for produc- Poland has requested to buy twenty (20) tion, maintenance, or training is CON- rial was ordered to be printed in the High Mobility Artillery Rocket System FIDENTIAL. Reverse engineering could re- RECORD, as follows: (HIMARS) M142 Launchers, thirty-six (36) veal SECRET information. Launcher plat- DEFENSE SECURITY Guided Multiple Launch Rocket System form software, weapon operational software, COOPERATION AGENCY, (GMLRS) M31 Unitary, nine (9) Guided Mul- command and control special application Arlington, VA. tiple Launch Rocket System (GMLRS) software, and command and control loadable Hon. BOB CORKER, M30A1 Alternative Warheads, thirty (30) munitions module software are considered Chairman, Committee on Foreign Relations, Army Tactical Missile System (ATACMS) UNCLASSIFIED. The system specifications U.S. Senate, Washington, DC. M57 Unitary, twenty-four (24) Advanced and limitations are classified SECRET. Vul- DEAR MR. CHAIRMAN: Pursuant to the re- Field Artillery Tactical Data Systems nerability data is classified up to SECRET. porting requirements of Section 36(b)(1) of (AFATDS), twenty (20) Multiple Launcher Countermeasures, counter-countermeasures, the Arms Export Control Act, as amended, Pod Assembly M68A2 Trainers, twenty-four vulnerability/susceptibility analyses, and we are forwarding herewith Transmittal No. (24) M1151A1 High Mobility Multi-purpose threat definitions are classified SECRET. 19–07 concerning the Army’s proposed Let- Wheeled Vehicles (HMMWVs), and nine (9) 2. Guided Multiple Launch Rocket System ter(s) of Offer and Acceptance to the Govern- M1151A1 High Mobility Multi-purpose Wheel (GMLRS) Unitary M31A1 uses a Unitary High ment of Poland for defense articles and serv- Vehicles (HMMWVs). Also included are twen- Explosive (HE) 200 pound class warhead ices estimated to cost $655 million. After this ty (20) Low Cost Reduced Range (LCRR) along with GPS aided Inertial Measurement letter is delivered to your office, we plan to practice rockets, support equipment, com- Unit (IMU) based guidance and control for

VerDate Sep 11 2014 04:32 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.061 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7232 CONGRESSIONAL RECORD — SENATE November 29, 2018 ground-to-ground precision point targeting. end, this system requires encryption keys His background in both the financial The GMLRS Unitary uses an Electronic Safe controlled by, and issued by, the National sector and public service was invalu- and Arm Fuze (ESAF) along with a nose Security Agency. No GPS PPS design infor- able as a colleague on the Senate Fi- mounted proximity sensor to give enhanced mation, including GPS software algorithms, nance Committee. As a former small effectiveness to the GMLRS Unitary rocket will be disclosed in the course of this sale to by providing tri-mode warhead functionality country. Susceptibility of GMLRS to diver- business owner, I appreciated his exper- with point detonate, point detonate with sion or exploitation is considered low risk. tise and business acumen as the com- programmable delay, or Height of Burst 6. AFATDS is a multi-service (U.S. Army mittee considered complex and impor- proximity function. GMLRS Unitary M31A1 and U.S. Marine Corp) automated, expert de- tant issues like tax reform. DEAN’s in- end-item is comprised of a Rocket Pod Con- cision support system used for Command, sightful perspectives and willingness to tainer (RPC) and six GMLRS Unitary Rock- Control, Communications and integration work with people on different sides on et(s). The RPC is capable of holding six (6) and synchronization of fires on ground tar- key issues will surely be missed by the GMLRS Unitary Rockets and can be loaded gets during all phases of military conflict. committee moving forward. in a M270A1 launcher (tracked), HIMARS AFATDS provides the automated tools that M142 launcher, or European M270 (203 con- significantly augment the capability of fire It was a pleasure to work with a Sen- figuration that meets the GMLRS interface support coordinators, fire support asset com- ator representing a State that shares requirements) launcher from which the manders, and their respective staffs at every so much with Wyoming. From the GMLRS rocket can be launched. The highest echelon during the planning and execution of prominence of public lands, to wel- classification level for release of the GMLRS fire support on the dynamic battlefields in coming visitors year-round to world Unitary is SECRET, based upon the soft- support of the Maneuver Commander and his class destinations, Nevada and Wyo- ware, sale or testing of the end item. The plans. highest level of classification that must be ming’s similarities afforded us the op- 7. If a technologically advanced adversary portunity to collaborate on key issues disclosed for production, maintenance, or were to obtain knowledge of the hardware training is CONFIDENTIAL. and software elements, the information important to the people of both States. 3. Guided Multiple Launch Rocket System could be used to develop countermeasures or DEAN’s dedication to Nevada ensured Alternative Warhead (GMLRS–AW) M30A1. equivalent systems which might reduce sys- he was a strong voice for the people The GMLRS–AW, M30A1, is the next design tem effectiveness or be used in the develop- who lived there. I am sure he will con- increment of the GMLRS rocket. The ment of a system with similar or advanced GMLRS–AW M30A1 hardware is over 90% tinue to use that voice to help others. capabilities. common with the M31A1 GMLRS Unitary Diana joins in sending our best wish- 8. A determination has been made that the hardware. The operational range is between es and appreciation to DEAN, his wife Government of Poland can provide substan- 15–70 kilometers, with an accuracy of less Lynne, and his four children for his tially the same degree of protection for the than 15 meters Circular Error Probability at sensitive technology being released as the dedication to this country and the all ranges, when using inertial guidance with U.S. Government. This sale is necessary in State of Nevada. His effect on the Sen- Global Positioning System (GPS) augmenta- furtherance of the U.S. foreign policy and ate was profound, and he certainly tion. The system uses a proximity sensor national security objectives outlined in the made a difference. We will always ap- fuze mode with a 10 meter height of burst. Policy Justification. The Alternative Warhead carries a 200 preciate his service to the Senate and 9. All defense articles and services listed in pound fragmentation assembly filled with wish him the very best in whatever the this transmittal have been authorized for re- high explosives which, upon detonation, ac- future holds. lease and export to the Government of Po- celerates two layers of pre-formed tungsten land. fragments optimized for effectiveness f against large area and imprecisely located f targets. The GMLRS–AW provides an area TRIBUTE TO HEIDI HEITKAMP target attack capability that is treaty com- TRIBUTE TO DEAN HELLER Mr. ENZI. Mr. President, at the end pliant (no un-exploded ordnance). It provides Mr. ENZI. Mr. President, as a Con- of each session of Congress, it is a tra- a 24 hour, all weather, long range attack ca- gress ends, it is a tradition for the Sen- dition for the Senate to pause for a mo- pability against personnel, soft and lightly ate to pause for a moment to acknowl- ment to acknowledge and express our armored targets, and air defense targets. The GMLRS–AW uses the same motor, guidance edge and express our appreciation for appreciation for the service of each and control systems fuze mechanisms, and the service of Senators who will not be Senator who will not be returning in proximity sensors as the M31A1 GMLRS Uni- returning for the next Congress. Today, the next Congress. With that in mind, tary. The highest classification level for re- I would like to pause in appreciation of I would like to take a moment to ex- lease of the GMLRS–AW is SECRET, based the service of my friend and colleague press my gratitude to U.S. Senator upon the software, sale or testing of the end Senator DEAN HELLER. HEIDI HEITKAMP of North Dakota. item. The highest level of classification that DEAN will be leaving the Senate after During the past 6 years, those of us must be disclosed for production, mainte- 30 years of dedicated public service at who had a chance to come to know and nance, or training is CONFIDENTIAL. 4. The highest classification level for re- both the State and Federal level. Dur- work with Senator HEITKAMP have been lease of the ATACMS Unitary M57 FMS Var- ing his time in Congress, he always impressed with her dedication to the iant is SECRET, based upon the software. demonstrated a willingness to consider people of her home State, her involve- The highest level of classified information all viewpoints, while remaining true to ment with tax issues, and her willing- that could be disclosed by a sale or by test- the principles that guided his career in ness to work with members on both ing of the end item is SECRET; the highest public service. It is safe to say that sides of the aisle to find solutions to level that must be disclosed for production, DEAN’s commitment to Nevada is as the problems and concerns of the peo- maintenance, or training is CONFIDEN- strong as ever, and his unique perspec- ple of North Dakota. TIAL. Reverse engineering could reveal CONFIDENTIAL information. Fire Direction tive in areas critical to his State will I share a connection with Senator System, Data Processing Unit, and special surely be missed in the next Congress. HEITKAMP, who is a Senator from a Application software is classified SECRET. Growing up in Carson City, NV, DEAN smaller rural State. Because of this Communications Distribution Unit software earned a bachelor of business adminis- shared background, we have had the is classified CONFIDENTIAL. The system tration from the University of South- opportunity to work on various issues. specifications and limitations are classified ern California in 1985. After working as But beyond our work together, I have CONFIDENTIAL. Vulnerability Data, coun- a stockbroker in California, DEAN enjoyed knowing Senator HEITKAMP. termeasures, vulnerability/susceptibility moved back to Nevada and brought the HEIDI is a remarkable person. She is analyses, and threat definitions are classi- fied SECRET or CONFIDENTIAL. skills he gained in the business realm the first female Senator elected from 5. The GPS Precise Positioning Service to the public sector when he became North Dakota and a survivor of breast (PPS) component of the HIMARS munitions the deputy State treasurer for Nevada. cancer. She would feel comfortable in (GMLRS Unitary, Alternative Warhead, and Learning about DEAN’s time as a Ne- my home State of Wyoming, the Equal- ATACMS Unitary) is also contained in the vada assemblyman was something I ap- ity State, where we know what it is launcher Fire Direction System, is classified preciated because of my time in the like to have women trailblazers. She SECRET, and is considered SENSITIVE. The Wyoming Legislature. DEAN’s hard may be leaving us after this Congress, GMLRS M30A1, M31A1, ATACMS M57 and HIMARS M142 launchers employ an inertial work led him to become Nevada’s sec- but she does so knowing that during navigational system that is aided by a Selec- retary of State for 11 years, then to the her time she has made a significant dif- tive Availability Anti-Spoofing Module House of Representatives in 2006, and ference in the lives of North Dakotans (SAASM) equipped GPS receiver. To that finally he joined the Senate in 2012. and in our country.

VerDate Sep 11 2014 04:32 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.012 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7233 She joined the U.S. Senate in 2013 eign Affairs Committee Chairman ED cation, and safety—not only for women and has served in a Congress often di- ROYCE and Representative LOIS but for their families and communities vided by partisan views. She has been FRANKEL originally introduced. The too. According to the World Bank, for willing to work with President Trump House passed the measure on July 17, each additional year of schooling, a and to work across the aisle on many 2018. Yesterday, the Senate took a big woman’s labor earnings increase by issues, all for the good of the people of step toward passing this important bill nearly 12 percent. CARE reports that North Dakota. I have been one of those into law. participation in village savings groups she has worked with, and I am happy to Both here in the U.S. and abroad, increased spending on children’s school call her a friend. how a country treats its women is a ba- fees by 76 percent in Tanzania and The accomplishments that brought rometer of its success. I believe that, nearly doubled the health spending for her to the Senate are substantial. Be- when women succeed, so do our com- families in Rwanda, along with in- fore serving in the U.S. Senate, Sen- munities, especially economically. The creases in their spending on food and ator HEITKAMP served as North Dako- WEEE Act is critical in achieving this nutrition. This is exactly the evidence- ta’s tax commissioner and, later, attor- goal. It brings attention to helping driven development work that the U.S. ney general. women entrepreneurs, including those should be supporting. I have had the privilege of working living in poverty, to access the tools We are making enormous strides, but with Senator HEITKAMP on many they need to start and grow their busi- there is still much to be done. Enacting issues. Notably, we worked together on nesses and invest in themselves, their the Women’s Entrepreneurship and an issue that has long been important families, and their communities. It rec- Economic Empowerment Act into law to Wyoming, forging parity between ognizes that women are not always on will help equip women to overcome the brick-and-mortar stores and e-com- a level playing field, particularly when critical barriers they face when seek- merce. During her time as tax commis- they face discrimination, gender-based ing economic opportunity and will sioner, North Dakota sought to make violence and harassment, and restric- open doors for children, families, and an out-of-State mail order retailer, tions on their opportunities. communities to benefit as well. A which had no physical presence in the Roughly 1 billion women around the McKinsey Global Institute report esti- State, collect and pay use taxes on world are currently left out of the for- mates that achieving global gender sales into the State. After entering mal financial system, which causes parity in economic activity could add Congress, HEIDI cosponsored my bill, many to rely on informal means of sav- as much as $28 trillion to annual global the Marketplace Fairness Act, seeking ing and borrowing that are riskier and gross domestic product by 2025. These to level the playing field for brick-and- less reliable. In many countries, be- stark statistics serve both as a beacon mortar retail stores and out-of-State cause men are considered legal heads of of hope and a reminder of the great online sellers. Later, we worked on household, married women are required challenges that still must be overcome. amicus briefs with several of our col- to receive permission from their hus- The WEEE Act will help advance us to- leagues, and our efforts to create this bands just to open a bank account. As wards this goal, and we must not stop level playing fields went all the way to a result, we have observed the propaga- fighting until such parity is reached. the Supreme Court in the case South tion of savings groups, primarily com- f Dakota v. Wayfair, Inc., a case in posed of women, recognized as a vital which the U.S. Supreme Court sided entry point, especially for poor and THE ISRAEL ANTI-BOYCOTT ACT with our position. These efforts have very poor women, to formal financial Mr. BOOKER. Mr. President, today I been such an important part of my services. There is a high demand for wish to add myself as a cosponsor of S. time in the Senate, and I thank Sen- such groups to protect and grow the 720, the Israel Anti-Boycott Act, and ator HEITKAMP for her work on this savings of women with formal financial urge my colleagues to support this im- issue. institutions. Evidence shows that, once portant legislation in its modified HEIDI has consistently and tirelessly a savings group is linked to a bank, the form. I have long and staunchly op- fought for the people of North Dakota. average savings per member increases posed the BDS movement and associ- She has worked in the best interests of between 40 to 100 percent, and the aver- ated efforts to unfairly isolate Israel in small businesses and contributed in a age profit per member doubles. Invest- international forums. This legislation significant way to culture of the Sen- ing in financial literacy, business lead- will prevent international entities ate and the Nation as a whole. ership training, and mentorship are from imposing their will on U.S. busi- If her past is any indication of her fu- key elements to these outcomes. nesses with regards to their decisions, ture, I think it is clear that she will be By requiring that 50 percent of the consistent with U.S. law, to conduct closing the door on this great chapter U.S. Agency for International Develop- commerce with our close ally Israel of her life and moving on to something ment’s—USAID—micro, small, and me- and its citizens. new. Whatever that may prove to be I dium-sized enterprise resources are tar- After carefully examining the pro- am certain it will make good use of her geted to activities that reach the very posed changes to the legislation, I sup- abilities, background, and experience. poor, as well as enterprises owned, port the amended version of this bill My best wishes to HEIDI, her husband managed, and controlled by women, put forward by my colleagues, Senator Darwin, and their children as they the WEEE Act will help break down CARDIN and Senator PORTMAN. This re- enter the next chapter in their lives. I the barriers preventing women from vised version of the legislation makes thank her for her willingness to serve participating in their local economies. meaningful revisions to the original the people of North Dakota and the It will help diminish the estimated 70 language to clarify and improve First people of the United States. There are percent of women-owned small and me- Amendment protections. Initial con- countless ways of saying farewell, one dium-sized enterprises in the formal cerns that this bill unintentionally in- of my favorites is: Happy Trails. Until sector that are unserved or under- fringed on individuals’ First Amend- we meet again. served in terms of access to financial ment rights have now been addressed f services, resulting in a financing gap of by these changes, agreed upon earlier $300 trillion for women-owned small this year, and I feel confident that WOMEN’S ENTREPRENEURSHIP businesses. Furthermore, the WEEE these modifications safeguard Ameri- AND ECONOMIC EMPOWERMENT Act will modernize USAID’s develop- cans’ constitutional right to free BILL ment assistance toolkit to include in- speech. Mr. CARDIN. Mr. President, today I novative credit scoring models, finan- f wish to discuss the Women’s Entrepre- cial technology, financial literacy, in- neurship and Economic Empowerment surance, and actions to improve prop- CAMEROON Act, WEEE Act, which the Senate For- erty and inheritance rights. Mr. MENENDEZ. Mr. President, eign Relations Committee reported We know that women’s economic ad- today I wish to raise the alarm about yesterday afternoon. It has been my vancement can lead to greater security the escalating violence in the honor to work with Senator BOOZMAN and resilience, as well as stronger in- Anglophone regions of Cameroon and on this legislation, which House For- vestments in health and nutrition, edu- to urge the administration to develop

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The highest levels of govern- and central Africa, has faced a signifi- The separatist insurgency and the ment—including President Biya—must cant security threat in its far north. heavy handed government response has rethink the wisdom of sending the Boko Haram combatants, originating put thousands of innocent lives at risk, Cameroonian military to make war from Nigeria, have crossed the border destabilizing an already fragile region. upon its own citizens. It should pub- into Cameroon and carried out hun- There is no military solution to this licly and unequivocally instruct secu- dreds of attacks on local residents. Re- problem. Immediate, strategic action rity forces to stop targeting civilians, ports indicate Boko Haram killed more by the government, the diaspora, sepa- cease abuses and excesses, and hold than 900 people in 2017 in Nigeria and ratist leaders, as well as the U.S, and those responsible for human rights the Lake Chad Basin subregion, which other international partners could abuses accountable—including through includes northern Cameroon. Boko bring peace, but the window of oppor- military prosecutions where appro- Haram’s Islamic State-aligned splinter tunity to prevent widespread civil con- priate—in a clear, transparent manner. faction, ISIS-West Africa, also poses a flict is quickly closing. I therefore call The government should facilitate ac- threat to the country. With U.S. help, on each of the aforementioned actors cess to the Anglophone regions by hu- Cameroon has been responding to the to take steps right away to avert the manitarian organizations and inde- challenge, although some of these ef- worst case scenario. pendent human rights investigators. I forts have prompted concerns about its The Trump administration must de- urge the government to consider neu- military’s respect for human rights. velop a comprehensive strategy to pre- tral third party mediation to engage Now, Cameroon faces another chal- vent widespread conflict and violence. organizations that represent lenge, one that some observers fear has This strategy must go beyond military Anglophones and facilitate a dialogue already burgeoned into a civil war. A support. The State and Defense Depart- without preconditions to end the vio- budding separatist insurgency emerged ments have administered training and lence. In January 2018, Nigerian au- in Cameroon’s Anglophone regions in equipment in support of the thorities forcibly returned 47 2017. Insurgent attacks and a brutal Cameroonian military’s counterter- Anglophone activists, including re- military crackdown have caused sig- rorism efforts, as well as its peace- ported asylum seekers, to Cameroon, nificant internal displacement and keeping deployment to the Central Af- where they were detained as ‘‘terror- given rise to credible allegations of se- rican Republic. However, disturbing re- ists.’’ To show its good faith support rious human rights abuses by both sep- ports of security force abuses in the far for a peaceful resolution, the govern- aratists and government security north and Anglophone regions merit ment should release peaceful, moderate forces. The separatist movement grew serious attention. I trust and expect voices from the Anglophone region who out of longstanding grievances among that the administration is conducting represent those with legitimate polit- Anglophones over their perceived polit- Leahy vetting on all of the individual ical grievances. And the Biya adminis- ical and economic marginalization. and units with whom it is working. But tration must be willing to contemplate These tensions worsened in 2016 due to we must do more. Given that security greater political decentralization to the central government’s appointments force abuses have been shown to be a address legitimate grievances in pe- of French-speakers to local schools and major driver of extremist recruitment ripheral regions—possibly including a courts in Cameroon’s Anglophone ma- in Africa, the State Department should return to federalism. jority western provinces in 2016. The conduct a thorough policy review of The government needs to open polit- government violently suppressed a our decision to partner with Cameroon ical space more broadly. In the wake of largely peaceful protest movement on counterterrorism and in security as- October’s elections, President Biya, that arose in response, quashing dem- sistance more broadly. who has been in office since 1982, will onstrations by force, arresting promi- A critical element of the administra- serve a seventh term in office. Octo- nent civil society activists on what ap- tion’s approach must be support for ber’s elections are the latest in a string pear to be trumped up terrorism building democratic practices, assist- of elections marred by controversy, charges, cutting internet access to the ance aimed at opening political space, harassment of opposition, and other region, and banning some civil society and activities to combat corruption in irregularities. A press conference organizations. Cameroon. While this administration broadcast on state-run television fea- On October 1, 2017, secessionists sym- may fail to understand that democratic turing people identified as inter- bolically declared the independence of values, human rights, and good govern- national election observers from Trans- ‘‘Ambazonia.’’ According to Amnesty ance promote long-term sustainable parency International—who in fact International, security forces re- peace, Members of this body under- were in no way affiliated with that or- sponded by killing at least 20 stand that these values are and must ganizations endorsing the conduct of protestors and arresting over 500. remain a core component of U.S. for- elections, was a brazen attempt to pro- Cameroonian soldiers have reportedly eign policy. I am pleased that the ad- vide a veneer of legitimacy to a process killed civilians, used excessive force ministration has finally seen fit to set that was deeply flawed due to re- against peaceful demonstrators, tor- aside money in Fiscal Year 2018 funds stricted political space. tured and mistreated suspected sepa- for such activities, after years of dis- It is time for President Biya to ce- ratists and detainees, and burned hun- appointing neglect for the sector. But ment his legacy by laying the ground- dreds of homes in several villages as vi- $1 million is far too modest an amount work for meaningful political competi- olence has escalated. Some extremist to have an appreciable impact. Our ac- tion in Cameroon. As Benin’s then- Anglophone separatists, meanwhile, tions must match our rhetoric. Our President Mathieu Kerekou said in 2009 have burned down schools; kidnapped Ambassador in Cameroon has been out- when he decided not to change the con- traditional leaders, police, and govern- spoken, forthright, and, as perhaps a stitution and run for a third term, ‘‘if ment administrators; and killed civil- predictable result, has been unfairly you do not leave power, power will ians. More than 220 civilians have lost criticized by the government. State De- leave you.’’ Future elections must take their lives, according to the Inter- partment officials at the highest levels place on a level playing field. In this national Crisis Group, including an here in Washington must support him year’s elections the field was heavily American missionary killed in October in speaking truth to power both pub- tilted in favor of the ruling party. Ad- when he was caught in crossfire be- licly and in private messaging, and fol- dressing meaningful barriers to polit- tween armed groups. As of May, at low that messaging with actions that ical participation may go a long way least 160,000 people were internally dis- will have a tangible impact. towards addressing the root causes of placed, 80 percent of whom are report- The government of Cameroon must discontent in the Anglophone regions. edly hiding in forests. At least 25,000 take urgent steps as well. President I call upon separatist leaders and Cameroonians have sought refuge in Paul Biya’s administration has applied their supporters to commit to seeking Nigeria since late 2017, according to UN a military solution to a political prob- a peaceful, negotiated solution to the

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The deplorable living conditions Rabbi Franz Rosenthal’s experiences as Attacks on civilians are inexcusable. and the gratitude of villagers for the a prisoner at Buchenwald and a refugee All armed and political actors must un- Rotarians’ assistance convinced him in this country helped forge his daugh- equivocally condemn human rights that India was where his energy and ter’s identity as an avid champion of abuses, commitment were most needed. human rights. Finally, the diaspora has a critical Mr. Thomas has returned to India Hannah’s extensive career includes role to play. I urge members of the di- every year since then, leading teams of impressive experience at State, local, aspora to clearly and unambiguously volunteers and personally immunizing national, and international levels. She condemn violence in the Anglophone about 500 children against polio. He has served as the founding executive direc- regions of Cameroon. The inflam- raised $40,000 to help pay for the cor- tor of the Wisconsin Women’s Council matory rhetoric on social media by rective surgeries of some 1,000 victims and head of the Jewish Council for some Cameroonians at home and of the disease. Throughout his four dec- Public Affairs. In 1995, she was ap- abroad is unhelpful. All diaspora ades as a Rotarian, Mr. Thomas has pointed by President Bill Clinton to should scrupulously investigate the raised more than $350,000 for Rotary serve as the midwest regional director charities and organizations to which International’s charitable endeavors. of the U.S. Department of Health and they are contributing funding, lest During a 2008 trip to India, he became Human Services. they unwittingly send money to orga- aware of another dire situation there: Although I had the pleasure of work- nizations that have engaged in violence the lack of safe drinking water in ing with Hannah at many points in her against the very people they are trying desert communities in the northern In- remarkable career, I am especially to help. dian state of Rajasthan, which can lead grateful for all she taught me about ef- Mr. President, the U.S. and Cam- to illness and death due to dysentery. fective advocacy, particularly advo- eroon have a long history of cordial re- Mr. Thomas assembled a team of 78 cacy on behalf of women. Early in my lations. Peace Corps has been in Cam- volunteers from eight countries and career, I worked with Hannah in her eroon since 1962. State Department and worked with village councils on a plan role leading the Wisconsin Women’s USAID-administered bilateral funding to build dams to capture the runoff Council to organize support for State amounted to $83 million in FY2017. And from monsoons for drinking water and efforts to guarantee equal pay for equal for the past decade we have partnered crop irrigation. Every year for the last work. with Cameroon to counter terrorism 10 years, Mr. Thomas has led a total of Hannah is perhaps best known for her and maritime piracy, with U.S. secu- 350 volunteers from around the world, role as the U.S. Special Envoy to Mon- rity assistance rising substantially and working with local residents and itor and Combat Anti-Semitism. Ap- since 2014 in response to the Boko without mechanized equipment, they pointed by President Barack Obama in Haram crisis. Since 2015, Cameroon has have hand-built nine dams that provide 2009, she used her role to build coali- hosted hundreds of U.S. military per- clean and safe water to more than tions of sometimes unlikely allies to sonnel who conduct regional intel- 45,000 people. denounce hatred around the world. She A fellow Rotarian who has been part ligence, reconnaissance, and surveil- was not afraid to confront bigotry head of that team describes Mr. Thomas this lance operations and otherwise support on. She personally took those who de- way: ‘‘Elias has deep faith that we can counterterrorism efforts. As conditions nied the Holocaust on tours of con- on the ground deteriorate, the U.S. is bring about change. He’s a man that centration camps. In 2010, she switched in a position where immediate con- has dreams, and while most people talk her speech on anti-Semitism at an centrated action to support a resolu- about what they wish they could do to international conference on tolerance tion of the problem might disrupt the help others, he does it. To Elias, every- with the Special Representative to cycle of violence and help all parties one in humanity is critically impor- Muslim Communities so that she con- work toward a negotiated solution. Our tant.’’ demned Islamophobia in the strongest diplomatic intervention, if well Elias Thomas exemplifies the motto possible terms while her Muslim coun- thought out, could make a difference. I of Rotary International, ‘‘Service terpart strongly denounced anti-Semi- urge the administration to take swift, Above Self.’’ His caring spirit and tism. She summed up her philosophy meaningful action. boundless energy are improving and I yield the floor. even saving lives here at home and succinctly in an interview with the around the world. U.S. Holocaust Memorial Museum by f saying, ‘‘This isn’t just about the Jews, f TRIBUTE TO ELIAS THOMAS this is about hatred, and that affects Ms. COLLINS. Mr. President, each TRIBUTE TO HANNAH ROSENTHAL everyone.’’ year, the 1.4 million members of the Ms. BALDWIN. Mr. President, today Hannah is bold, resolute, and fear- National Association of Realtors recog- I wish to recognize Hannah Rosenthal’s less. She believes there is no room in nize five of their own with the Good extraordinary career as she celebrates this world for intolerance toward oth- Neighbor Award for their service to her retirement as President and CEO of ers, and she has made it her mission in others, locally or globally. I am de- the Milwaukee Jewish Federation. life to speak out against hatred and lighted to congratulate 2018 Good Hannah has had a long and distin- bigotry in all forms. It is the mindset Neighbor Elias Thomas of Shapleigh, guished career as an influential advo- that shaped her legacy at the Mil- ME, for inspiring contributions from cate of tolerance, and her mark on the waukee Jewish Federation and led her his hometown to some of the poorest Jewish community is indelible. She is to challenge young people to volunteer villages in India. best known for building bridges be- at organizations that serve people un- Mr. Thomas, broker-owner of EXIT tween disparate factions and believing like them through the creation of the Key Real Estate in Shapleigh, has that everyone, no matter their back- Hours Against Hate global campaign. spent 40 years volunteering with Ro- ground or perspective, deserves a seat Hannah deserves to be proud of her tary International. His compassionate at the table. many national and international ac- work started with his local chapter, Hannah transferred from Mount Hol- complishments, but her heart remains where he helped to build meditation yoke College in Massachusetts to the rooted at home in Wisconsin with her gardens for those with mental illness University of Wisconsin-Madison after friends, family, and community. Han- and developed job and housing assist- falling in love with the city and the nah has made many close friends along ance programs for newly released pris- university during a Hebrew class she her journey who stuck by her through on inmates. His international efforts attended the summer after her sopho- thick and thin. She also takes much began in the late 1990s, when he trav- more year. She received her bachelor of pride and delight in her two daughters elled to Cozumel, Mexico, for a project arts degree from UW-Madison and stud- and young grandson. to prevent the island’s garbage dump ied for the rabbinate in Jerusalem and Public servant, activist, icon, and from polluting the water system. California. pioneer are words that only begin to

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.015 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7236 CONGRESSIONAL RECORD — SENATE November 29, 2018 describe the contributions Hannah has him from fish processing plants to the of Idaho and the entire western United made in the fight for a more kind and halls of our State capitol and beyond. States. As chairman of the Senate just world. Although Hannah’s retire- After arriving in Alaska in 1974, he Committee on Small Business and En- ment marks the end of a chapter, she spent over 4 years as a seafood proc- trepreneurship, it is my honor to rec- will never stop fighting for what she essing worker in Juneau and 8 years as ognize Caxton Printers as the Small believes to be right. I will forever be a labor organizer and representative Business of the Month for November grateful for Hannah’s loyal advocacy for processing workers and longshore- 2018. Founded over 100 years ago, and forever honored to call her my men. Caxton Printers provides high-quality friend. Larry shaped critical fisheries policy printing and publication services to the f through his service on the advisory greater Boise, ID, community. panel to the North Pacific Fishery Caxton Printers’ roots can be traced ADDITIONAL STATEMENTS Management Council, of which he was back to 1895 when Albert E. Gipson a member for 6 years. This service was moved his family from Colorado to TRIBUTE TO THOMPSON E. followed by an additional 6 years as a Caldwell, ID, to establish a publishing POTTER III voting member on the Council during a house. In 1903, Gipson’s publishing critical time in the development of our company, the Gemstate Rural Pub- ∑ Ms. HASSAN. Mr. President, this Nation’s domestic fisheries. Larry lishing Company, began printing a hor- month, I am proud to recognize as our worked to ensure that foreign fishing ticultural magazine for Idaho farmers Granite Stater of the Month an indi- in our exclusive economic zone was named the Gemstate Rural. Following vidual who has gone to great lengths to phased out and that our domestic fish- the success of the Gemstate Rural, serve his community, Portsmouth po- ing and processing capabilities were Gipson reorganized the company and lice officer Thompson E. Potter III of stepping up to replace the foreign expanded his commercial printing busi- Epping. After filling in at Portsmouth fleets. ness. As part of this reorganization, Middle School as a school resource offi- This shift to an all-domestic fleet al- Gipson named the company Caxton, cer, he was inspired to launch a fund- lowed the United States to finally har- after the famous English printer, Wil- raising campaign to provide the funds vest our fishery resources for the sole liam Caxton. for six boys from traditionally under- benefit of American fishermen and In 1907, Albert Gipson’s son, James served backgrounds to attend summer processors. It was also during this pe- Herrick Gipson, took the reins of the camp. riod that allocation issues among U.S. company from his father and continued Officer Potter said that he attributes fisheries interests were first coming to the family business. Under J.H. the YMCA camp he attended as a boy the forefront. These were challenging Gipson’s leadership, the company grew with helping instill in him the values and exciting times, during which significantly and began printing school of respect and responsibility, and put- Larry’s leadership thrived. His legacy textbooks. The State of Idaho named ting him on a path to success. He also in Alaska fisheries cannot be over- Caxton the official Idaho State Text- credits the camp with raising his self- stated. book Depository in 1927. To this day, it esteem, and he believes that other Most recently, until late this year, continues to serve as a State distribu- young men could benefit from that Larry served as the founding CEO of tion center for textbooks, technology, same type of experience. the Aleutian Pribilof Island Commu- and education supplies for Idaho’s pub- His goal was to raise $5,000 to send nity Development Association, or lic schools. five boys to the YMCA camp, and dona- APICDA. As one of six community de- In addition to printing and school tions immediately began coming in. As velopment quota organizations in west- services, Caxton Printers is also known Officer Potter put it, the whole com- ern Alaska, APICDA has used the bene- for publishing original materials. The munity worked to ‘‘help take care of fits of Bering Sea and Aleutian fishery company established its publishing di- these boys,’’ with Portsmouth Middle resources to support its member com- vision in 1925 with the publication of School staff and parents, friends, busi- munities in some of the most rural and Fred E. Lukens’ Idaho Citizen, which nesses, and other community members remote parts of Alaska. later became a textbook in Idaho’s supporting the effort. In helping to develop, implement, State education curriculum. By 1936, Ultimately, Officer Potter raised and sustain the CDQ program, Larry Caxton had published over 100 books of $13,000, which was enough to send six did perhaps his best work, accom- both fiction and nonfiction. Several of boys to camp and outfit them with all plishing goals that will have positive the authors published by Caxton went of the gear they would need. impacts on western Alaskan commu- on to become known nationally and Officer Potter intends to continue his nities for generations to come. Larry’s internationally for their work, includ- efforts next summer, with the goal of visionary work on the formation of ing novelists Vardis Fisher and Ayn sending five boys and five girls to Alaska’s CDQ program has benefited Rand. Caxton remains active in the camp. He says that he wants to give all of the participating communities publishing field today and continues to these students something to look for- through workforce, infrastructure, and support the dreams of hopeful authors. ward to and give them a foundation to economic development. As Caxton has grown and prospered it build upon. Many observers, myself included, has remained a family-owned and -oper- For his commitment to his commu- have correctly noted that Alaska has ated business throughout its history. nity, the young people of Portsmouth, the best managed fisheries in the coun- J.H. Gipson’s two sons, Jim Jr. and and the better future that these young try, and I know we could not have Gordon, grew up working in the factory people will build, I am proud to recog- achieved this hard-earned status with- alongside their father. When J.H. nize Officer Potter as the November out Larry’s tireless dedication to mak- Gipson passed away in 1965, Jim, Jr., 2018 Granite Stater of the Month.∑ ing our seafood industry truly sustain- became company president while his f able. brother, Gordon, became vice presi- Thank you, Larry, for your tremen- dent. In 1991, Gordon was named presi- TRIBUTE TO LARRY COTTER dous contributions to sustainable fish- dent and Jim, Jr.’s son David became ∑ Ms. MURKOWSKI. Mr. President, eries and to the participation of our vice president. Currently, the company today I wish to give special recognition coastal communities in those fisheries. is led by the fifth generation of to Lawrence P. Cotter on the occasion I wish you a restful retirement and the Gipsons, with Jim, Jr.’s grandson Scott of his retirement. Larry is a great best of luck in your future endeavors. Gipson running day-to-day operations. friend and dedicated Alaskan whose f Caxton continues to focus on the core contributions to our State are signifi- services on which the company has cant and lasting, benefiting our State’s RECOGNIZING CAXTON PRINTERS built its reputation. The company of- fisheries and rural communities to this ∑ Mr. RISCH. Mr. President, today I fers custom printing solutions for a va- day and into the future. wish to recognize an Idaho small busi- riety of needs for each client. Printing As a resident of Alaska for almost ness that has helped spread knowledge services include promotional mate- half a century, Larry’s work has taken and information across the great State rials, brochures, calendars, booklets,

VerDate Sep 11 2014 15:03 Feb 07, 2019 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD18\NOVEMBER\S29NO8.REC S29NO8 November 29, 2018 CONGRESSIONAL RECORD — SENATE S7237 and newsletters, as well as more niche After the war, Phil returned to Williams who reviewed the state’s problems and inven- options for customers’ specific re- College. Joan heard that he was back and toried its needs. quests. Caxton believes that printing is had asked about her, so she boxed up the red By the beginning of the 1964 legislative ses- only one part of a finished product and lantern and sent it to him with a note: ‘‘Phil, sion, Hoff came forward with a substantial it’s your turn to polish it for a while.’’ The legislative program. works with customers throughout the lantern rekindled their romance and led on The accomplishments of his six years as process to deliver the highest quality to almost 70 years of marriage. Governor changed the face of Vermont: Hoff product possible. Phil finished at Williams and went to Cor- opened state government’s first planning of- Caxton Printers is also known for its nell University Law School. fice, ended the Overseer of the Poor system generous support of several Idaho char- In 1951, Phil accepted an invitation from of administering welfare benefits, and found- ities and nonprofits, such as the another Cornell graduate, J. Boone Wilson, ed the Vermont District Court, and the Judi- Caldwell Foundation for Educational to come to Burlington, and join the re- cial Nominating Commission. He established Opportunity, Buy Idaho, and the Uni- spected law firm then known as Black and the Governor’s Commission on Women, the versity of Idaho Vandal Scholarship Wilson. Vermont Council on the Arts, and the Phil developed a successful law practice Vermont Student Assistance Corporation. He Fund. Several of Caxton’s employees with Boone. He was good with a jury and had promoted regionalization in the delivery of also serve on the boards of various the largest jury verdict in a personal injury government services, establishing regional charitable organizations including the case of the 1950s. airport and library systems. He presided over Caldwell Chamber of Commerce, the Phil and Joan settled in a lovely home on the reapportionment of the Vermont legisla- Caldwell Economic Development Coun- South Prospect Street, where they raised ture to comply with the principle of one cil, and the College of Idaho. Caxton their 4 daughters, Susan, Dagny, Andrea, and man, one vote. Printers’ rich history, commitment to Gretchen. And as important as those accomplish- Phil is often given credit for making the education and literature, and support ments were, the issues he took on dominated Democratic Party dominant in Vermont, and the political agenda for the rest of century for local philanthropic causes exem- for ushering Vermont into the American and on to today. plify our Idahoan values. I would like mainstream. He deserves a great deal of Phil took on the cause of racial justice in to extend my sincere congratulations credit on both counts, but even he would not Vermont. As freshman legislator he proposed to the Gipson family and all Caxton claim it all. Politics and government are prohibiting race discrimination in employ- employees for being named the Small team sports, and Phil would be the first to ment. The bill failed, but after his election Business of the Month for November acknowledge that what was accomplished as Governor, his bill was adopted and in- 2018. I wish you the best of luck, and I was not his alone, not by any means. cluded a prohibition against discrimination But to see how broad and deep his legacy look forward to watching your contin- based on sex. He established the Vermont ∑ is, it is important to put it in context. Human Rights Commission with jurisdiction ued growth and success. Vermont in those days was a sleepy state. to prohibit discrimination in housing and f Most Governors acted as caretakers. The public accommodations. REMEMBERING PHILIP H. HOFF real political power in the state rested with And then, in the aftermath of the assas- the towns. Vermont had more dairy cows sination of Martin Luther King, Jr.—with ∑ Mr. SANDERS. Mr. President, Philip than people. more than 100 American cities still smoking H. Hoff, who passed away on April 26, And the Democratic Party was sleepier from riots that followed—Phil worked with 2018, was one of the great Governors of still. A Democrat had only held the Gover- New York City Mayor John Lindsay to form the State of Vermont and someone I re- norship only once in history. For many years the New York/Vermont Summer Youth spected enormously. On May 12, 2018, at a handful of Democratic cronies traded the Project, bringing hundreds of African-Amer- nominations for statewide offices, not in ican and Hispanic high school students from a memorial service in Burlington, VT, hopes of getting elected, but to have a stake a close friend and colleague of Gov- New York City together with Vermont high in distribution of political patronage from school students to build understanding by ernor Hoff’s, Rich Cassidy, delivered a Washington. working together on educational and rec- very moving eulogy which I enclose. How sleepy was it? In the 1946 election, reational programs. The material follows: Vermont’s Democratic National Committee- When an African-American minister’s A TRIBUTE TO PHILIP HENDERSON HOFF man was asked who the party’s candidate for home in Irasburg was raked with shotgun Theodore Roosevelt said: Governor was. Unable to remember, he re- fire—night rider style—some tried to blame ‘‘It is not the critic who counts; not the plied ‘‘Oh, some fellow from up north.’’ ‘‘But the victim. Phil insisted on a fair investiga- man who points out how the strong man we don’t concede his defeat.’’ tion even in the face of stern opposition. stumbles, or where the doer of deeds could Change was in the wind. In 1950’s two of Phil fought to import and sell public hy- have done them better. The credit belongs to Phil’s friends, Bob Larrow and Bernard droelectric power from Quebec. His plans the man who is actually in the arena, whose Leddy, ran between them, three serious cam- were frustrated by the big power companies, face is marred by dust and sweat and blood; paigns for Governor. Leddy came within 719 who claimed that electricity from Vermont who strives valiantly; who errs, who comes votes of victory. In 1959, the Party hired its Yankee would be ‘‘too cheap to meter.’’ short again and again, because there is no ef- first full time executive director, Sam Mil- He sought to equalize the burden of the fort without error and shortcoming; but who ler, who is with us here today. We were cost of public education and to bring effi- does actually strive to do the deeds; who poised for victory. ciency to it through regionalization. knows great enthusiasms, the great devo- Phil ran for Burlington Board of Alderman Phil had been befriended by President Lyn- tions; who spends himself in a worthy cause; in the winter of 1960. He lost, but politics was don Baines Johnson. In 1967, Johnson sent who at the best knows in the end the tri- in his blood. That fall he was elected to the him to Vietnam to get a firsthand look at umph of high achievement, and who at the Vermont House of Representatives. the ‘‘light at the end of the tunnel.’’ But Phil worst, if he fails, at least fails while daring In the House, Phil helped bring together a knew an oncoming train when he saw one greatly, so that his place shall never be with group of young, well-educated and energetic and was the first Democratic governor in the those cold and timid souls who neither know legislators, Democrats and Republicans, who nation to split with Johnson over the Viet- victory nor defeat.’’ wanted to see government take a more ac- nam War. Philip Henderson Hoff did not shy away tive role in the development of the state. Its Phil endorsed the antiwar candidacy of from the arena. He confronted the issues of members included many who would play im- Bobby Kennedy and became an important the day, and often, the issues of the future. portant roles in the days ahead. Together, spokesperson for him. After Kennedy’s assas- He played high school football and tasted among other things, they set out to end the sination, Phil laid aside his grief, and sup- victory, scoring the winning touchdown in poll tax. At the time they failed. But they ported the campaign of Gene McCarthy. At the longstanding rivalry between his home- started a political revolution that has not the convention, Hubert Humphrey seriously town, Turners Falls, and arch-enemy Green- ended yet. considered offering Phil the vice-presidential field. He went to Williams College, but left In 1962, Phil and Joan ran an energetic and spot on his ticket before settling on Phil’s early to do his bit in World War II. He signed charismatic campaign against the incum- friend, Ed Muskie. up for training as a pilot, but after he dam- bent Governor. The Hoffs were everywhere, In 1970, Hoff challenged incumbent Senator aged his third trainer, the Navy persuaded even at my mother’s door in Rutland. With Winston L. Prouty for a seat in the United him that it was not to be. So, he volunteered the help of about 5,000 votes on two inde- States Senate. The war, gun control, and ra- for the submarine service. pendent party lines, Hoff prevailed. Phil told cial justice were dominant themes of the He met Joan while he was training in Con- the crowd in Winooski that night: ‘‘100 years campaign. Although Phil mounted a vig- necticut. On one date, he took a red kerosene of bondage broken.’’ orous effort, Prouty was reelected. lantern from a construction site and gave it Winning is one thing; governing is another. In the 1970s, Phil practiced law and in 1972 to her as a gift. Phil found that state government could nei- and 1973, served as chair of the Vermont Phil saw combat in the Pacific Theater ther forecast expenses nor revenue. Within Democratic Party. But most importantly, he aboard the USS Sea Dog, a submarine, where weeks, he appointed a series of task forces took on his own personal demon, alcohol. He he earned two battle stars. made up of legislators, officials and citizens, won the that battle but lived ever after with

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29NO6.063 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7238 CONGRESSIONAL RECORD — SENATE November 29, 2018 an understanding and sympathy for the vic- MESSAGES FROM THE PRESIDENT The enrolled bills were subsequently tims of addiction. Messages from the President of the signed by the President pro tempore In 1982, Hoff returned to elective politics, (Mr. HATCH). winning a seat in the Vermont Senate and United States were communicated to the Senate by Ms. Ridgway, one of his serving three terms. In the Senate, he was At 7:19 p.m., a message from the secretaries. instrumental in revitalizing the Vermont House of Representatives, delivered by Human Rights Commission and promoting f prevention of social and health problems. Mr. Novotny, one of its reading clerks, Hoff remained steadfastly committed to the EXECUTIVE MESSAGES REFERRED announced that the House has passed cause of racial justice, serving for many In executive session the Presiding Of- the following bill, in which it requests years on the Vermont Advisory Commission ficer laid before the Senate messages the concurrence of the Senate: to the United States Civil Rights Commis- from the President of the United H.R. 7187. An act to extend the National sion. States submitting sundry nominations Flood Insurance Program until December 7, Phil’s efforts in the world of politics over- 2018. shadow his contributions to the practice of which were referred to the appropriate law. But they are not to be forgotten. In the committees. f early 1980s, he chaired a blue-ribbon commis- (The messages received today are MEASURES REFERRED sion that reorganized the Vermont Bar Ex- printed at the end of the Senate pro- amination and established the first manda- ceedings.) The following bills were read the first tory continuing education requirement for f and the second times by unanimous Vermont lawyers. For many years he chaired consent, and referred as indicated: the Vermont Judicial Nominating Commis- MESSAGES FROM THE HOUSE H.R. 6032. An act to direct the Secretary of sion. As a trustee at Vermont Law School At 10:17 a.m., a message from the Commerce to conduct a study and submit to from 1983 to 1999, and as its President from House of Representatives, delivered by Congress a report on the state of the inter- 1990 to 1995, he helped lead the school’s con- net-connected devices industry in the United tinuous growth in clinical and experiential Mr. Novotny, one of its reading clerks, announced that the House has passed States; to the Committee on Commerce, education, in building a strong faculty, and Science, and Transportation. in adding a new library and classroom build- the following bills, in which it requests H.R. 6753. An act to amend title XI of the ings. the concurrence of the Senate: Social Security Act to direct the Secretary Phil inspired and supported scores of H.R. 6032. An act to direct the Secretary of of Health and Human Services to establish a young people to become involved in the po- Commerce to conduct a study and submit to public-private partnership for purposes of litical process. And he supported the polit- Congress a report on the state of the inter- identifying health care waste, fraud, and ical campaigns of virtually every successful net-connected devices industry in the United abuse; to the Committee on Finance. Democrat candidate since 1962. Most nota- States. bly, in May 1966, he called a young lawyer in H.R. 6753. An act to amend title XI of the f his law firm and told him to meet him at the Social Security Act to direct the Secretary ENROLLED BILLS PRESENTED Chittenden Courthouse the next day. The of Health and Human Services to establish a young lawyer was Patrick J. Leahy, and Phil public-private partnership for purposes of The Secretary of the Senate reported swore him in as Chittenden County States identifying health care waste, fraud, and that on today, November 29, 2018, she Attorney. The senator still claims it’s the abuse. had presented to the President of the best job he’s ever had! H.R. 7164. An act to add Ireland to the E– United States the following enrolled Phil was the first mainstream politician to 3 nonimmigrant visa program. bills: endorse Bernie Sanders during his historic The message also announced that the independent run for congress in 1990. S. 440. An act to establish a procedure for With his friend and former state police House agreed to the amendment of the the conveyance of certain Federal property driver, Representative Michael Vinton, Phil Senate to the bill (H.R. 2422) to amend around the Dickinson Reservoir in the State was an early supporter of the adoption of the Public Health Service Act to im- of North Dakota. civil unions and same-sex marriage. prove essential oral health care for S. 1768. An act to reauthorize and amend I think Phil’s attitude towards public life low-income and other underserved indi- the National Earthquake Hazards Reduction was summed up by his answer to a question viduals by breaking down barriers to Program, and for purposes. S. 2074. An act to establish a procedure for that his grandson, Nathaniel, asked him: care, and for other purposes. ‘‘Why is it that people won’t stand up for the conveyance of certain Federal property ENROLLED BILLS SIGNED the things they really believe in anymore?’’ around the Jamestown Reservoir in the Phil told Nathaniel. ‘‘There’s been a tend- At 12:49 p.m., a message from the State of North Dakota, and for other pur- ency for people who are in office to simply be House of Representatives, delivered by poses. involved with re-election as opposed to what Mrs. Cole, one of its reading clerks, an- S. 3389. An act to redesignate a facility of they really should do. If you’re only inter- nounced that the Speaker has signed the National Aeronautics and Space Admin- ested in holding the office, what’s the sake of the following enrolled bills: istration. holding the office? It seems to me you ought S. 440. An act to establish a procedure for f to stand for what you believe. You may lose, the conveyance of certain Federal property EXECUTIVE AND OTHER but in the overall thrust of history, you will around the Dickinson Reservoir in the State make a difference.’’ of North Dakota. COMMUNICATIONS Phil Hoff made a difference. He tasted vic- S. 1768. An act to reauthorize and amend The following communications were tory and defeat. If you’re looking for his leg- the National Earthquake Hazards Reduction acy you don’t have to look far. The state we laid before the Senate, together with Program, and for purposes. accompanying papers, reports, and doc- live in today reflects the courage with which S. 2074. An act to establish a procedure for he grappled with the issues. the conveyance of certain Federal property uments, and were referred as indicated: The death of Philip Henderson Hoff came around the Jamestown Reservoir in the EC–7284. A communication from the Dep- as no surprise to those of us who loved him State of North Dakota, and for other pur- uty Secretary of the Commodity Futures He had certainly lived a long and full life. poses. Trading Commission, transmitting, pursuant Still, we grieve. I am reminded of Robert S. 3389. An act to redesignate a facility of to law, the report of a rule entitled ‘‘Margin Kennedy speaking on the night of the death the National Aeronautics and Space Admin- Requirements for Uncleared Swaps for Swap of Martin Luther King Jr. Kennedy quoted istration. Dealers and Major Swap Participants’’ his favorite poet, Aeschylus. He said: H.R. 1074. An act to repeal the Act entitled (RIN3038–AE71) received in the Office of the ‘‘He who learns must suffer. And even in ‘‘An Act to confer jurisdiction on the State President of the Senate on November 27, our sleep pain, which cannot forget, falls of Iowa over offenses committed by or 2018; to the Committee on Agriculture, Nu- drop by drop upon the heart, until, in our against Indians on the Sac and Fox Indian trition, and Forestry. own despair, against our will, comes wisdom Reservation’’. EC–7285. A communication from the Under through the awful grace of God. H.R. 2422. An act to amend the Public Secretary of Defense (Comptroller), trans- I finish, as Bobby Kennedy finished later Health Service Act to improve essential oral mitting, pursuant to law, a report relative to that evening, and in the spirit of the life of health care for low-income and other under- violations of the Antideficiency Act that in- Philip Hoff: served individuals by breaking down barriers volved fiscal years 2015–2017 Operation and ‘‘Let us dedicate ourselves to what the to care, and for other purposes. Maintenance (O&M) Navy funds and was as- Greeks wrote so many years ago: to tame the H.R. 5317. An act to repeal section 2141 of signed case number 17–01; to the Committee savageness of man and make gentle the life the Revised Statutes to remove the prohibi- on Appropriations. of this world.’’ tion on certain alcohol manufacturing on In- EC–7286. A communication from the Alter- RICHARD CASSIDY.∑ dian lands. nate Federal Register Liaison Officer, Office

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.029 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7239 of the Secretary, Department of Defense, Withholding and Reporting with Respect to transmitting, pursuant to law, the Board’s transmitting, pursuant to law, the report of Payments from IRAs to State Unclaimed Agency Financial Report for fiscal year 2018; a rule entitled ‘‘Department of Defense Iden- Property Funds’’ (Notice 2018–90) received in to the Committee on Homeland Security and tity Management’’ (RIN0790–AJ36) received the Office of the President of the Senate on Governmental Affairs. in the Office of the President of the Senate November 26, 2018; to the Committee on Fi- EC–7306. A communication from the Staff on November 28, 2018; to the Committee on nance. Director, U.S. Commission on Civil Rights, Armed Services. EC–7296. A communication from the Chief transmitting, pursuant to law, the Commis- EC–7287. A communication from the Sec- of the Publications and Regulations Branch, sion’s Performance and Accountability Re- retary of the Treasury, transmitting, pursu- Internal Revenue Service, Department of the port for fiscal year 2018; to the Committee on ant to law, a six-month periodic report on Treasury, transmitting, pursuant to law, the Homeland Security and Governmental Af- the national emergency with respect to the report of a rule entitled ‘‘Moral Exemptions fairs. stabilization of Iraq that was declared in Ex- and Accommodations for Coverage of Certain EC–7307. A communication from the Assist- ecutive Order 13303 of May 22, 2003; to the Preventative Services Under the Affordable ant Secretary for Legislation, Office of the Committee on Banking, Housing, and Urban Care Act’’ (RIN1545–BN91) received in the Of- Secretary, Department of Health and Human Affairs. fice of the President of the Senate on No- Services, transmitting, pursuant to law, the Uniform Resource Locator (URL) for the De- EC–7288. A communication from the Assist- vember 26, 2018; to the Committee on Health, partment’s Agency Financial Report for fis- ant Secretary, Bureau of Legislative Affairs, Education, Labor, and Pensions. Department of State, transmitting, pursuant EC–7297. A communication from the Chief cal year 2018; to the Committee on Homeland Security and Governmental Affairs. to law, a report relative to United States of the Publications and Regulations Branch, EC–7308. A communication from the Acting citizens detained in Iran and efforts to se- Internal Revenue Service, Department of the Chairman, Federal Maritime Commission, cure their release; to the Committees on Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the Commis- Banking, Housing, and Urban Affairs; Fi- report of a rule entitled ‘‘Religious Exemp- sion’s Performance and Accountability Re- nance; and Foreign Relations. tions and Accommodations for Coverage of port for fiscal year 2018; to the Committee on EC–7289. A communication from the Asso- Certain Preventative Services Under the Af- Homeland Security and Governmental Af- ciate General Counsel for Legislation and fordable Care Act’’ (RIN1545–BN92) received fairs. Regulations, Office of General Counsel, De- in the Office of the President of the Senate EC–7309. A communication from the Sec- partment of Housing and Urban Develop- on November 26, 2018; to the Committee on retary of the Commission, Bureau of Con- ment, transmitting, pursuant to law, the re- Health, Education, Labor, and Pensions. sumer Protection, Federal Trade Commis- port of a rule entitled ‘‘Manufactured Home EC–7298. A communication from the Sec- sion, transmitting, pursuant to law, the re- Procedural and Enforcement Regulations; retary of Education, transmitting, pursuant port of a rule entitled ‘‘Test Procedures and Clarifying the Exemption for Manufacture of to law, the Department’s Semiannual Report Labeling Standards for Recycled Oil’’ Recreational Vehicles’’ (RIN2502–AJ33) re- of the Office of the Inspector General for the (RIN3084–AB48) received in the Office of the ceived in the Office of the President of the period from April 1, 2018 through September President of the Senate on November 28, Senate on November 28, 2018; to the Com- 30, 2018; to the Committee on Homeland Se- 2018; to the Committee on Commerce, mittee on Banking, Housing, and Urban Af- curity and Governmental Affairs. Science, and Transportation. fairs. EC–7299. A communication from the Asso- EC–7310. A communication from the Direc- EC–7290. A communication from the Gen- ciate General Counsel for General Law, De- tor, Office of Sustainable Fisheries, Depart- eral Counsel, Federal Energy Regulatory partment of Homeland Security, transmit- ment of Commerce, transmitting, pursuant Commission, transmitting, pursuant to law, ting, pursuant to law, a report relative to a to law, the report of a rule entitled ‘‘Pacific the report of a rule entitled ‘‘Standards for vacancy in the position of Inspector General, Ocean Perch in the Bering Sea Subarea of Business Practices of Interstate Natural Gas Department of Homeland Security, received the Bering Sea and Aleutian Islands’’ Pipelines; Final Rule’’ ((RIN1902–AF54) in the Office of the President of the Senate (RIN0648–XG509) received in the Office of the (Docket No. RM96–1–041)) received in the Of- on November 28, 2018; to the Committee on President of the Senate on November 28, fice of the President of the Senate on No- Homeland Security and Governmental Af- 2018; to the Committee on Commerce, vember 28, 2018; to the Committee on Energy fairs. Science, and Transportation. and Natural Resources. EC–7300. A communication from the Asso- EC–7311. A communication from the Direc- EC–7291. A communication from the Direc- ciate General Counsel for General Law, De- tor, Office of Sustainable Fisheries, Depart- tor of the Regulatory Management Division, partment of Homeland Security, transmit- ment of Commerce, transmitting, pursuant Environmental Protection Agency, transmit- ting, pursuant to law, a report relative to a to law, the report of a rule entitled ‘‘ ‘Other ting, pursuant to law, the report of a rule en- vacancy in the position of Deputy Secretary, Rockfish’ in the Aleutian Islands Subarea of titled ‘‘Air Plan Approval; California; South Department of Homeland Security, received the Bering Sea and Aleutian Islands’’ Coast Air Quality Management District’’ in the Office of the President of the Senate (RIN0648–XG510) received in the Office of the (FRL No. 9986–9–Region 9) received in the Of- on November 28, 2018; to the Committee on President of the Senate on November 28, fice of the President of the Senate on No- Homeland Security and Governmental Af- 2018; to the Committee on Commerce, Science, and Transportation. vember 27, 2018; to the Committee on Envi- fairs. EC–7312. A communication from the Direc- ronment and Public Works. EC–7301. A communication from the Ad- tor, Office of Sustainable Fisheries, Depart- EC–7292. A communication from the Assist- ministrator, Federal Emergency Manage- ment of Commerce, transmitting, pursuant ant Secretary for Legislation, Department of ment Agency, Department of Homeland Se- to law, the report of a rule entitled ‘‘Reopen- Health and Human Services, transmitting, curity, transmitting, pursuant to law, a re- ing of Federal Waters off Georgia to Penaeid pursuant to law, a report entitled ‘‘Report to port relative to the cost of response and re- Shrimp Fishing’’ (RIN0648–XG231) received in Congress: Evaluation of the Independence at covery efforts for FEMA–3399-EM in the the Office of the President of the Senate on Home Demonstration’’; to the Committee on State of Hawaii having exceeded the November 28, 2018; to the Committee on Finance. $5,000,000 limit for a single emergency dec- Commerce, Science, and Transportation. EC–7293. A communication from the Chief laration; to the Committee on Homeland Se- EC–7313. A communication from the Direc- of the Publications and Regulations Branch, curity and Governmental Affairs. tor, Office of Sustainable Fisheries, Depart- Internal Revenue Service, Department of the EC–7302. A communication from the Direc- ment of Commerce, transmitting, pursuant Treasury, transmitting, pursuant to law, the tor, National Science Foundation, transmit- to law, the report of a rule entitled ‘‘2018 report of a rule entitled ‘‘Hurricane Michael ting, pursuant to law, the Uniform Resource Closure of the Northern Gulf of Maine Scal- Leave-Based Donation Programs’’ (Notice Locator (URL) for the Foundation’s fiscal lop Management Area’’ (RIN0648–XG202) re- 2018–89) received in the Office of the Presi- year 2018 Agency Financial Report; to the ceived in the Office of the President of the dent of the Senate on November 26, 2018; to Committee on Homeland Security and Gov- Senate on November 28, 2018; to the Com- the Committee on Finance. ernmental Affairs. mittee on Commerce, Science, and Transpor- EC–7294. A communication from the Chief EC–7303. A communication from the Direc- tation. of the Publications and Regulations Branch, tor of the National Gallery of Art, transmit- EC–7314. A communication from the Acting Internal Revenue Service, Department of the ting, pursuant to law, a report relative to Director, Office of Sustainable Fisheries, De- Treasury, transmitting, pursuant to law, the the Gallery’s compliance with the Inspector partment of Commerce, transmitting, pursu- report of a rule entitled ‘‘Rev. Proc. on Sec- General Act of 1978; to the Committee on ant to law, the report of a rule entitled tion 471 Costs/Negative Additional Section Homeland Security and Governmental Af- ‘‘Fisheries of the Exclusive Economic Zone 263A Costs’’ (Rev. Proc. 2018–56) received in fairs. Off Alaska; Dusty Rockfish in the Western the Office of the President of the Senate on EC–7304. A communication from the Treas- Regulatory Area of the Gulf of Alaska’’ November 20, 2018; to the Committee on Fi- urer, National Gallery of Art, transmitting, (RIN0648–XG505) received in the Office of the nance. pursuant to law, the Gallery’s Performance President of the Senate on November 28, EC–7295. A communication from the Chief and Accountability Report for the year 2018; to the Committee on Commerce, of the Publications and Regulations Branch, ended September 30, 2018; to the Committee Science, and Transportation. Internal Revenue Service, Department of the on Homeland Security and Governmental Af- EC–7315. A communication from the Acting Treasury, transmitting, pursuant to law, the fairs. Director, Office of Sustainable Fisheries, De- report of a rule entitled ‘‘Extension of Tran- EC–7305. A communication from the Vice partment of Commerce, transmitting, pursu- sition Relief Under Rev. Rul. 2018–17 on Chairman, Merit Systems Protection Board, ant to law, the report of a rule entitled

VerDate Sep 11 2014 06:25 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.030 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7240 CONGRESSIONAL RECORD — SENATE November 29, 2018 ‘‘Fisheries of the Exclusive Economic Zone Management Area of the Bering Sea and EC–7332. A communication from the Acting Off Alaska; Northern Rockfish in the West- Aleutian Islands’’ (RIN0648–XG193) received Director, Office of Sustainable Fisheries, De- ern Regulatory Area of the Gulf of Alaska’’ in the Office of the President of the Senate partment of Commerce, transmitting, pursu- (RIN0648–XG504) received in the Office of the on November 28, 2018; to the Committee on ant to law, the report of a rule entitled President of the Senate on November 28, Commerce, Science, and Transportation. ‘‘Commercial King Mackerel Gulf of Mexico 2018; to the Committee on Commerce, EC–7324. A communication from the Acting Western Zone Closure’’ (RIN0648–XG523) re- Science, and Transportation. Director, Office of Sustainable Fisheries, De- ceived in the Office of the President of the EC–7316. A communication from the Acting partment of Commerce, transmitting, pursu- Senate on November 28, 2018; to the Com- Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- partment of Commerce, transmitting, pursu- ‘‘Northern Rockfish in the Bering Sea and tation. Aleutian Islands’’ (RIN0648–XG492) received ant to law, the report of a rule entitled f ‘‘Fisheries of the Exclusive Economic Zone in the Office of the President of the Senate Off Alaska; Pacific Cod by Hook-and-Line on November 28, 2018; to the Committee on REPORTS OF COMMITTEES Catcher/Processors in the Western Regu- Commerce, Science, and Transportation. EC–7325. A communication from the Acting The following reports of committees latory Area of the Gulf of Alaska’’ (RIN0648– were submitted: XG501) received in the Office of the President Director, Office of Sustainable Fisheries, De- of the Senate on November 28, 2018; to the partment of Commerce, transmitting, pursu- By Mr. THUNE, from the Committee on Committee on Commerce, Science, and ant to law, the report of a rule entitled ‘‘At- Commerce, Science, and Transportation, Transportation. lantic Highly Migratory Species; Commer- with an amendment in the nature of a sub- EC–7317. A communication from the Acting cial Aggregated Large Costal Shark and stitute: Director, Office of Sustainable Fisheries, De- Hammerhead Shark Management Group Re- S. 3277. A bill to reduce regulatory burdens partment of Commerce, transmitting, pursu- tention Limit Adjustment’’ (RIN0648–XG181) and streamline processes related to commer- ant to law, the report of a rule entitled received in the Office of the President of the cial space activities, and for other purposes ‘‘Fisheries of the Exclusive Economic Zone Senate on November 28, 2018; to the Com- (Rept. No. 115–397). Off Alaska; Pacific Cod by Pot Catcher/Proc- mittee on Commerce, Science, and Transpor- By Mr. HOEVEN, from the Committee on essors in the Bering Sea and Aleutian Islands tation. Indian Affairs, without amendment: H.R. 2606. A bill to amend the Act of Au- Management Area’’ (RIN0648–XG398) received EC–7326. A communication from the Acting gust 4, 1947 (commonly known as the Stigler in the Office of the President of the Senate Director, Office of Sustainable Fisheries, De- Act), with respect to restrictions applicable on November 28, 2018; to the Committee on partment of Commerce, transmitting, pursu- to Indians of the Five Civilized Tribes of Commerce, Science, and Transportation. ant to law, the report of a rule entitled EC–7318. A communication from the Acting ‘‘Fisheries Off West Coast States; Modifica- Oklahoma, and for other purposes (Rept. No. Director, Office of Sustainable Fisheries, De- tions of the West Coast Commercial and Rec- 115–398). H.R. 4032. A bill to confirm undocumented partment of Commerce, transmitting, pursu- reational Salmon Fisheries; Inseason Action Federal rights-of-way or easements on the ant to law, the report of a rule entitled 1’’ (RIN0648–XG222) received in the Office of Gila River Indian Reservation, clarify the ‘‘Fisheries of the Exclusive Economic Zone the President of the Senate on November 28, northern boundary of the Gila River Indian Off Alaska; Exchange of Flatfish in the Ber- 2018; to the Committee on Commerce, Community’s Reservation, to take certain ing Sea and Aleutian Islands Management Science, and Transportation. EC–7327. A communication from the Acting land located in Maricopa County and Pinal Area’’ (RIN0648–XG508) received in the Office Director, Office of Sustainable Fisheries, De- County, Arizona, into trust for the benefit of of the President of the Senate on November partment of Commerce, transmitting, pursu- the Gila River Indian Community, and for 28, 2018; to the Committee on Commerce, ant to law, the report of a rule entitled ‘‘At- other purposes (Rept. No. 115–399). Science, and Transportation. lantic Highly Migratory Species; Atlantic By Mr. THUNE, from the Committee on EC–7319. A communication from the Acting Bluefin Tuna Fisheries; Inseason General Commerce, Science, and Transportation, Director, Office of Sustainable Fisheries, De- Category Retention Limit Adjustment’’ with an amendment in the nature of a sub- partment of Commerce, transmitting, pursu- (RIN0648–XG216) received in the Office of the stitute: ant to law, the report of a rule entitled President of the Senate on November 28, S. 3119. A bill to allow for the taking of sea ‘‘Fisheries of the Exclusive Economic Zone 2018; to the Committee on Commerce, lions on the Columbia River and its tribu- Off Alaska; Pollock in Statistical Area 620 in Science, and Transportation. taries to protect endangered and threatened the Gulf of Alaska’’ (RIN0648–XG529) received EC–7328. A communication from the Acting species of salmon and other nonlisted fish in the Office of the President of the Senate Director, Office of Sustainable Fisheries, De- species (Rept. No. 115–400). on November 28, 2018; to the Committee on partment of Commerce, transmitting, pursu- By Mr. HOEVEN, from the Committee on Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Gulf Indian Affairs, with an amendment in the EC–7320. A communication from the Acting of Maine Cod Trimester Total Allowable nature of a substitute and an amendment to Director, Office of Sustainable Fisheries, De- Catch Area Closure for the Common Pool the title: partment of Commerce, transmitting, pursu- Fishery’’ (RIN0648–XG175) received in the Of- S. 664. A bill to approve the settlement of ant to law, the report of a rule entitled fice of the President of the Senate on No- the water rights claims of the Navajo in ‘‘Fisheries of the Exclusive Economic Zone vember 28, 2018; to the Committee on Com- Utah, to authorize construction of projects Off Alaska; Pollock in Statistical Area 610 in merce, Science, and Transportation. in connection therewith, and for other pur- the Gulf of Alaska’’ (RIN0648–XG528) received EC–7329. A communication from the Acting poses (Rept. No. 115–401). in the Office of the President of the Senate Director, Office of Sustainable Fisheries, De- By Ms. MURKOWSKI, from the Committee on November 28, 2018; to the Committee on partment of Commerce, transmitting, pursu- on Energy and Natural Resources, without Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘2018 amendment: EC–7321. A communication from the Acting Closure of the Closed Area 1 Scallop Access S. 90. A bill to survey the gradient bound- Director, Office of Sustainable Fisheries, De- Area for the Limited Access’’ (RIN0648– ary along the Red River in the States of partment of Commerce, transmitting, pursu- XG267) received in the Office of the President Oklahoma and Texas, and for other purposes. ant to law, the report of a rule entitled of the Senate on November 28, 2018; to the By Mr. ALEXANDER, from the Committee ‘‘Fisheries of the Exclusive Economic Zone Committee on Commerce, Science, and on Health, Education, Labor, and Pensions, Off Alaska; Deep-Water Fishery by Vessels Transportation. without amendment: Using Trawl Gear in the Gulf of Alaska’’ EC–7330. A communication from the Acting H.R. 315. A bill to amend the Public Health (RIN0648–XG225) received in the Office of the Director, Office of Sustainable Fisheries, De- Service Act to distribute maternity care President of the Senate on November 28, partment of Commerce, transmitting, pursu- health professionals to health professional 2018; to the Committee on Commerce, ant to law, the report of a rule entitled ‘‘At- shortage areas identified as in need of mater- Science, and Transportation. lantic Highly Migratory Species; Atlantic nity care health services. EC–7322. A communication from the Acting Bluefin Tuna Fisheries; Closure of the An- By Mr. CORKER, from the Committee on Director, Office of Sustainable Fisheries, De- gling Category Gulf of Mexico Trophy Fish- Foreign Relations, with an amendment in partment of Commerce, transmitting, pursu- ery’’ (RIN0648–XG237) received in the Office the nature of a substitute and with an ant to law, the report of a rule entitled of the President of the Senate on November amended preamble: ‘‘Fisheries of the Exclusive Economic Zone 28, 2018; to the Committee on Commerce, S. Res. 562. A resolution expressing the Off Alaska; Pacific Cod by Vessels Using Jig Science, and Transportation. sense of the Senate that the Treaty on the Gear in the Central Regulatory Area of the EC–7331. A communication from the Acting Non-Proliferation of Nuclear Weapons (NPT) Gulf of Alaska’’ (RIN0648–XG285) received in Director, Office of Sustainable Fisheries, De- continues to make an invaluable contribu- the Office of the President of the Senate on partment of Commerce, transmitting, pursu- tion to United States and international secu- November 28, 2018; to the Committee on ant to law, the report of a rule entitled rity, 50 years after it opened for signature on Commerce, Science, and Transportation. ‘‘Commercial Harvest Closure for Yellowtail July 1, 1968. EC–7323. A communication from the Acting Snapper in the South Atlantic’’ (RIN0648– By Ms. MURKOWSKI, from the Committee Director, Office of Sustainable Fisheries, De- XG253) received in the Office of the President on Energy and Natural Resources, without partment of Commerce, transmitting, pursu- of the Senate on November 28, 2018; to the amendment: ant to law, the report of a rule entitled Committee on Commerce, Science, and S. 941. A bill to withdraw certain National ‘‘Greenland Turbot in the Aleutian Islands Transportation. Forest System land in the Emigrant Crevice

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.032 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7241 area located in the Custer Gallatin National State of Kentucky as a unit of the National By Ms. KLOBUCHAR (for herself and Forest, Park County, Montana, from the Park System, and for other purposes. Mr. CORNYN): mining and mineral leasing laws of the f S. 3681. A bill to amend the Animal Health United States, and for other purposes. Protection Act to establish an Animal Dis- By Ms. MURKOWSKI, from the Committee EXECUTIVE REPORTS OF ease and Disaster Prevention, Surveillance, on Energy and Natural Resources, with an COMMITTEE and Rapid Response Program and a National amendment in the nature of a substitute: Livestock Vaccine Bank, and for other pur- S. 1219. A bill to provide for stability of The following executive reports of poses; to the Committee on Agriculture, Nu- title to certain land in the State of Lou- nominations were submitted: trition, and Forestry. isiana, and for other purposes. By Mr. ALEXANDER for the Committee By Mr. PERDUE: By Ms. MURKOWSKI, from the Committee on Health, Education, Labor, and Pensions. S. 3682. A bill to require the appropriate on Energy and Natural Resources, without *John P. Pallasch, of Kentucky, to be an Federal banking agencies to recognize the amendment: Assistant Secretary of Labor. exposure-reducing nature of client margin S. 1787. A bill to reauthorize the National *Gordon Hartogensis, of Connecticut, to be for cleared derivatives; to the Committee on Geologic Mapping Act of 1992. Director of the Pension Benefit Guaranty Banking, Housing, and Urban Affairs. By Mr. CORKER, from the Committee on Corporation for a term of five years. By Mr. CASEY: Foreign Relations, without amendment: *Erhard R. Chorle, of Illinois, to be a Mem- S. 3683. A bill to require the Secretary of H.R. 1872. To promote access for United ber of the Railroad Retirement Board for a Veterans Affairs to conduct a study on the States diplomats and other officials, journal- term expiring August 28, 2022. accessibility of websites of the Department ists, and other citizens to Tibetan areas of *Robert L. King, of Kentucky, to be Assist- of Veterans Affairs to individuals with dis- the People’s Republic of China, and for other ant Secretary for Postsecondary Education, abilities, and for other purposes; to the Com- purposes. Department of Education. mittee on Veterans’ Affairs. By Ms. MURKOWSKI, from the Committee *Nomination was reported with rec- By Mr. HATCH: on Energy and Natural Resources, with an S. 3684. A bill to add Ireland to the E–3 amendment in the nature of a substitute and ommendation that it be confirmed sub- nonimmigrant visa program; to the Com- an amendment to the title: ject to the nominee’s commitment to mittee on the Judiciary. H.R. 2075. To adjust the eastern boundary respond to requests to appear and tes- By Mr. YOUNG (for himself and Mr. of the Deschutes Canyon-Steelhead Falls and tify before any duly constituted com- JONES): Deschutes Canyon Wilderness Study Areas in mittee of the Senate. S. 3685. A bill to amend the Public Health the State of Oregon to facilitate fire preven- Service Act to expand the authority of the f tion and response activities to protect pri- Secretary of Health and Human Services to vate property, and for other purposes. INTRODUCTION OF BILLS AND permit nurses to practice in health care fa- By Mr. ALEXANDER, from the Committee JOINT RESOLUTIONS cilities with critical shortages of nurses on Health, Education, Labor, and Pensions, through programs for loan repayment and with an amendment in the nature of a sub- The following bills and joint resolu- scholarships for nurses; to the Committee on stitute: tions were introduced, read the first Health, Education, Labor, and Pensions. S. 2076. A bill to amend the Public Health and second times by unanimous con- By Mr. DURBIN: Service Act to authorize the expansion of ac- sent, and referred as indicated: S. 3686. A bill to promote minimum State requirements for the prevention and treat- tivities related to Alzheimer’s disease, cog- By Mr. LANKFORD (for himself and ment of concussions caused by participation nitive decline, and brain health under the Mr. PETERS): Alzheimer’s Disease and Healthy Aging Pro- S. 3675. A bill to amend the Federal Assets in school sports, and for other purposes; to the Committee on Health, Education, Labor, gram, and for other purposes. Sale and Transfer Act of 2016 to ensure that and Pensions. By Ms. MURKOWSKI, from the Committee the Public Buildings Reform Board has ade- By Ms. DUCKWORTH: on Energy and Natural Resources, with an quate time to carry out the responsibilities amendment in the nature of a substitute and S. 3687. A bill to amend title XVIII of the of the Board, and for other purposes; to the Social Security Act to provide coverage for an amendment to the title: Committee on Environment and Public S. 2249. A bill to permanently reauthorize custom fabricated breast prostheses fol- Works. lowing a mastectomy; to the Committee on the Rio Puerco Management Committee and By Mr. GARDNER (for himself and Mr. the Rio Puerco Watershed Management Pro- Finance. BENNET): By Mr. BLUMENTHAL (for himself and gram. S. 3676. A bill to amend the Energy Policy By Mr. CORKER, from the Committee on Mr. BOOKER): and Conservation Act to provide Federal fi- Foreign Relations, with an amendment in S. 3688. A bill to amend title 18, United nancial assistance to States to implement the nature of a substitute: States Code, to make it a criminal offense State energy security plans, and for other H.R. 2646. A bill to reauthorize the United for individuals to engage in sexual acts while purposes; to the Committee on Energy and States-Jordan Defense Cooperation Act of acting under color of law or with individuals Natural Resources. 2015, and for other purposes. in their custody, to encourage States to By Mr. ALEXANDER, from the Committee By Mr. GARDNER (for himself and Mr. adopt similar laws, and for other purposes; on Health, Education, Labor, and Pensions, BENNET): to the Committee on the Judiciary. S. 3677. A bill to provide for certain pro- without amendment: By Mr. GRASSLEY (for himself and S. 3482. A bill to amend the Public Health grams and developments in the Department Mr. WHITEHOUSE): Service Act to reauthorize the Emergency of Energy concerning the cybersecurity and S. 3689. A bill to amend chapter 11 of title Medical Services for Children program. vulnerabilities of, and physical threats to, 11, United States Code, to address reorga- By Mr. ALEXANDER, from the Committee the electric grid, and for other purposes; to nization of small businesses, and for other on Health, Education, Labor, and Pensions, the Committee on Energy and Natural Re- purposes; to the Committee on the Judici- with an amendment in the nature of a sub- sources. ary. stitute: By Mr. PETERS (for himself and Mr. By Mr. LEE (for himself and Mr. S. 3657. A bill to reauthorize the Traumatic LANKFORD): HATCH): Brain Injury program. S. 3678. A bill to amend the Federal Assets S. 3690. A bill to designate the outstation By Mr. CORKER, from the Committee on Sale and Transfer Act of 2016 to provide of the Department of Veterans Affairs in Foreign Relations, without amendment: flexibility with respect to the leaseback of North Ogden, Utah, as the Major Brent Tay- H.R. 4819. A bill to promote inclusive eco- certain Federal real property, and for other lor Vet Center Outstation; to the Committee nomic growth through conservation and bio- purposes; to the Committee on Environment on Veterans’ Affairs. diversity programs that facilitate trans- and Public Works. By Ms. DUCKWORTH (for herself and boundary cooperation, improve natural re- By Mr. CASEY (for himself, Ms. KLO- Mr. DURBIN): source management, and build local capacity BUCHAR, Ms. DUCKWORTH, Mr. S. 3691. A bill to modernize the National to protect and preserve threatened wildlife BLUMENTHAL, Mr. VAN HOLLEN, Mrs. Air Toxics Assessment, the Integrated Risk species in the greater Okavango River Basin MURRAY, and Ms. HASSAN): Information System, and the Agency for of southern Africa. S. 3679. A bill to ensure that older adults Toxic Substances and Disease Registry, and H.R. 4989. A bill to require the Department and individuals with disabilities are prepared for other purposes; to the Committee on En- of State to establish a policy regarding the for disasters, and for other purposes; to the vironment and Public Works. use of location-tracking consumer devices by Committee on Homeland Security and Gov- By Mr. DAINES: employees at diplomatic and consular facili- ernmental Affairs. S. 3692. A bill to amend part A of title IV ties, and for other purposes. By Mr. MERKLEY: of the Social Security Act, and for other pur- By Ms. MURKOWSKI, from the Committee S. 3680. A bill to require the Secretary of poses; to the Committee on Finance. on Energy and Natural Resources, with an Health and Human Services to establish ref- By Mr. HATCH: amendment in the nature of a substitute and erences prices for prescription drugs for pur- S. 3693. A bill to amend title XVIII of the an amendment to the title: poses of Federal health programs; to the Social Security Act to provide for the treat- H.R. 5655. A bill to establish the Camp Nel- Committee on Health, Education, Labor, and ment of certain cancer hospitals; to the son Heritage National Monument in the Pensions. Committee on Finance.

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.022 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7242 CONGRESSIONAL RECORD — SENATE November 29, 2018 By Mrs. GILLIBRAND (for herself and ADDITIONAL COSPONSORS work to save and sustain the health of Mr. SCHUMER): S. 8 mothers during pregnancy, childbirth, S. 3694. A bill to designate the Manhattan and in the postpartum period, to elimi- At the request of Mr. CASSIDY, the Campus of the New York Harbor Health Care nate disparities in maternal health System of the Department of Veterans Af- name of the Senator from Colorado outcomes for pregnancy-related and fairs as the ‘‘Margaret Cochran Corbin Cam- (Mr. GARDNER) was added as a cospon- pus of the New York Harbor Health Care Sys- sor of S. 8, a bill to amend the Depart- pregnancy-associated deaths, to iden- tem’’; to the Committee on Veterans’ Af- ment of Energy Organization Act to tify solutions to improve health care fairs. address insufficient compensation of quality and health outcomes for moth- By Ms. KLOBUCHAR (for herself and employees and other personnel of the ers, and for other purposes. Mr. SULLIVAN): S. 1503 S. 3695. A bill to promote international ex- Federal Energy Regulatory Commis- changes on best election practices, cultivate sion, and for other purposes. At the request of Ms. WARREN, the more secure democratic institutions around S. 281 names of the Senator from West Vir- the world, and for other purposes; to the At the request of Mr. LEE, the name ginia (Mrs. CAPITO), the Senator from Committee on Foreign Relations. of the Senator from Colorado (Mr. BEN- Delaware (Mr. COONS), the Senator By Mr. CARDIN (for himself, Mr. NET) was added as a cosponsor of S. 281, from Kansas (Mr. MORAN), the Senator YOUNG, Mr. MERKLEY, Mr. DURBIN, from Louisiana (Mr. CASSIDY) and the Mr. SCHATZ, Mr. VAN HOLLEN, Mr. a bill to amend the Immigration and IRONO BOOKER, Mr. MARKEY, Ms. COLLINS, Nationality Act to eliminate the per- Senator from Hawaii (Ms. H ) were Mr. COONS, Ms. CANTWELL, Mrs. SHA- country numerical limitation for em- added as cosponsors of S. 1503, a bill to HEEN, Mr. WYDEN, Ms. HARRIS, Mr. ployment-based immigrants, to in- require the Secretary of the Treasury CASEY, Mr. KAINE, and Mr. RUBIO): crease the per-country numerical limi- to mint coins in recognition of the 60th S. 3696. A bill to promote democracy and tation for family-sponsored immi- anniversary of the Naismith Memorial human rights in Burma, and for other pur- grants, and for other purposes. Basketball Hall of Fame. poses; to the Committee on Foreign Rela- tions. S. 352 S. 1713 By Mr. PETERS (for himself and Mrs. At the request of Mr. CORKER, the At the request of Mrs. SHAHEEN, the CAPITO): name of the Senator from Kansas (Mr. name of the Senator from Minnesota S. 3697. A bill to amend the Internal Rev- MORAN) was added as a cosponsor of S. (Ms. SMITH) was added as a cosponsor enue Code of 1986 to exclude certain post 352, a bill to award a Congressional of S. 1713, a bill to require certain fi- graduation scholarship grants from gross in- Gold Medal to Master Sergeant nancial assistance under the State en- come in the same manner as qualified schol- Rodrick ‘‘Roddie’’ Edmonds in recogni- arships to promote economic growth; to the ergy program and the Weatherization Committee on Finance. tion of his heroic actions during World Assistance Program to be distributed By Mr. PAUL: War II. without undue delay to support State S.J. Res. 66. A joint resolution relating to S. 720 and local high-impact energy efficiency the disapproval of the proposed export to the At the request of Mr. CARDIN, the and renewable energy initiatives. Government of Qatar of certain defense arti- name of the Senator from New Jersey S. 2076 cles and services; to the Committee on For- (Mr. BOOKER) was added as a cosponsor eign Relations. At the request of Ms. CORTEZ MASTO, By Mr. PAUL: of S. 720, a bill to amend the Export the name of the Senator from Cali- S.J. Res. 67. A joint resolution relating to Administration Act of 1979 to include fornia (Ms. HARRIS) was added as a co- the disapproval of the proposed export to the in the prohibitions on boycotts against sponsor of S. 2076, a bill to amend the Government of Egypt of certain defense arti- allies of the United States boycotts Public Health Service Act to authorize cles and services; to the Committee on For- fostered by international governmental the expansion of activities related to eign Relations. organizations against Israel and to di- By Mr. PAUL: Alzheimer’s disease, cognitive decline, rect the Export-Import Bank of the and brain health under the Alzheimer’s S.J. Res. 68. A joint resolution relating to United States to oppose boycotts the disapproval of the proposed export to the Disease and Healthy Aging Program, Government of Egypt of certain defense arti- against Israel, and for other purposes. and for other purposes. S. 802 cles and services; to the Committee on For- S. 2127 eign Relations. At the request of Mr. PORTMAN, the At the request of Ms. MURKOWSKI, the name of the Senator from South Da- f names of the Senator from New Jersey kota (Mr. THUNE) was added as a co- (Mr. MENENDEZ) and the Senator from SUBMISSION OF CONCURRENT AND sponsor of S. 802, a bill to award a Con- Florida (Mr. RUBIO) were added as co- SENATE RESOLUTIONS gressional Gold Medal in honor of Law- sponsors of S. 2127, a bill to award a The following concurrent resolutions rence Eugene ‘‘Larry’’ Doby in recogni- Congressional Gold Medal, collectively, and Senate resolutions were read, and tion of his achievements and contribu- to the United States merchant mari- referred (or acted upon), as indicated: tions to American major league ath- ners of World War II, in recognition of letics, civil rights, and the Armed By Ms. DUCKWORTH (for herself, Mr. their dedicated and vital service during HATCH, Mr. ROBERTS, Mrs. MURRAY, Forces during World War II. World War II. and Mr. REED): At the request of Mr. BROWN, the S. Res. 711. A resolution designating No- names of the Senator from Pennsyl- S. 2147 vember 2018 as ‘‘National Runaway Preven- vania (Mr. CASEY), the Senator from At the request of Mr. BROWN, the tion Month’’; to the Committee on the Judi- Washington (Ms. CANTWELL), the Sen- names of the Senator from Rhode Is- ciary. DALL land (Mr. WHITEHOUSE) and the Senator By Mr. BLUNT (for himself and Ms. ator from New Mexico (Mr. U ) and KLOBUCHAR): the Senator from New York (Mrs. from California (Ms. HARRIS) were S. Res. 712. A resolution authorizing the GILLIBRAND) were added as cosponsors added as cosponsors of S. 2147, a bill to use of official office funds to purchase the of S. 802, supra. amend the Internal Revenue Code of pocket version of the Constitution of the S. 998 1986 to create a Pension Rehabilitation United States; considered and agreed to. At the request of Mr. DAINES, the Trust Fund to establish a Pension Re- By Ms. WARREN (for herself and Mr. name of the Senator from Washington habilitation Administration within the MARKEY): (Mrs. MURRAY) was added as a cospon- Department of the Treasury to make S. Con. Res. 53. A concurrent resolution loans to multiemployer defined benefit honoring the 75th anniversary of the All- sor of S. 998, a bill to amend the Tariff American Girls Professional Baseball Act of 1930 to protect personally identi- plans, and for other purposes. League; to the Committee on Commerce, fiable information, and for other pur- S. 2227 Science, and Transportation. poses. At the request of Mr. PORTMAN, the By Mr. BLUNT (for himself and Ms. S. 1112 name of the Senator from Massachu- KLOBUCHAR): S. Con. Res. 54. A concurrent resolution au- At the request of Ms. HEITKAMP, the setts (Mr. MARKEY) was added as a co- thorizing the printing of the 26th edition of name of the Senator from Maine (Mr. sponsor of S. 2227, a bill to reauthorize the pocket version of the Constitution of the KING) was added as a cosponsor of S. the Money Follows the Person Dem- United States; considered and agreed to. 1112, a bill to support States in their onstration Program.

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.027 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7243 S. 2459 TON) and the Senator from Arkansas STATEMENTS ON INTRODUCED At the request of Mr. WHITEHOUSE, (Mr. BOOZMAN) were added as cospon- BILLS AND JOINT RESOLUTIONS the name of the Senator from Mary- sors of S. 3638, a bill to amend the In- By Mr. DURBIN: land (Mr. VAN HOLLEN) was added as a ternal Revenue Code of 1986 to reduce cosponsor of S. 2459, a bill to amend the the rate of tax on estates, gifts, and S. 3686. A bill to promote minimum Internal Revenue Code of 1986 to pro- generation-skipping transfers. State requirements for the prevention vide for current year inclusion of net S. 3649 and treatment of concussions caused CFC tested income, and for other pur- At the request of Mr. GRASSLEY, the by participation in school sports, and poses. names of the Senator from Louisiana for other purposes; to the Committee S. 2572 (Mr. CASSIDY) and the Senator from on Health, Education, Labor, and Pen- At the request of Mr. CASEY, the Maryland (Mr. CARDIN) were added as sions. name of the Senator from New Mexico cosponsors of S. 3649, a bill to provide Mr. DURBIN. Mr. President, I ask (Mr. UDALL) was added as a cosponsor for programs to help reduce the risk unanimous consent that the text of the of S. 2572, a bill to amend the Elemen- that prisoners will recidivate upon re- bill be printed in the RECORD. tary and Secondary Education Act of lease from prison, and for other pur- poses. There being no objection, the text of 1965 to address and take action to pre- S. RES. 562 the bill was ordered to be printed in vent bullying and harassment of stu- At the request of Mr. MERKLEY, the the RECORD, as follows: dents. names of the Senator from Delaware Mr. DURBIN. Mr. President, when we S. 2821 (Mr. COONS) and the Senator from encourage our students to be active At the request of Ms. SMITH, the Maryland (Mr. CARDIN) were added as name of the Senator from New Jersey cosponsors of S. Res. 562, a resolution and play school sports, it’s because we want to promote healthy habits and (Mr. BOOKER) was added as a cosponsor expressing the sense of the Senate that of S. 2821, a bill to amend title 38, the Treaty on the Non-Proliferation of team-building skills. Yet every year, United States Code, to provide for the Nuclear Weapons (NPT) continues to more than 140,000 student athletes sus- treatment of veterans who participated make an invaluable contribution to tain a concussion—and that’s just the in the cleanup of Enewetak Atoll as ra- United States and international secu- reported count. We can be sure that diation exposed veterans for purposes rity, 50 years after it opened for signa- many more go unreported and un- of the presumption of service-connec- ture on July 1, 1968. treated. tion of certain disabilities by the Sec- S. RES. 708 The benefits of competing in school retary of Veterans Affairs, and for At the request of Mr. MERKLEY, the sports are undermined if students are other purposes. name of the Senator from Delaware staying out on the field after an in- S. 2918 (Mr. CARPER) was added as a cosponsor jury—especially concussions. And there At the request of Ms. HARRIS, the of S. Res. 708, a resolution expressing is more evidence than ever about the name of the Senator from Wisconsin the need for bold climate action in re- detrimental long term effects of con- (Ms. BALDWIN) was added as a cospon- sponse to the release of the United Na- cussions. sor of S. 2918, a bill to amend the Reli- tions report entitled ‘‘Global Warming That’s why I’m reintroducing the gious Freedom Restoration Act of 1993 of 1.5 C, an IPCC special report on the Protecting Student Athletes from Con- to protect civil rights and otherwise impacts of global warming of 1.5 C cussions Act. My bill would direct prevent meaningful harm to third par- above pre-industrial levels and related States to develop concussion safety ties, and for other purposes. global greenhouse gas emission path- plans for public schools that include a ways, in the context of strengthening S. 3130 concussion safety awareness compo- the global response to the threat of cli- At the request of Ms. WARREN, the nent. Certain States like Illinois al- name of the Senator from Wisconsin mate change, sustainable development, ready have such procedures in place, and efforts to eradicate poverty’’ and (Ms. BALDWIN) was added as a cospon- but it’s high time we make this true the Fourth National Climate Assess- sor of S. 3130, a bill to amend title 38, for all States. By equipping our schools ment report entitled ‘‘Volume II: Im- United States Code, to provide for the and communities with evidence-based pacts, Risks, and Adaptation in the disapproval of any course of education guidance for responding to concussions; United States’’ by the United States for purposes of the educational assist- we can keep our students, and their fu- Global Change Research Program. ance programs of the Department of tures safe. Veterans Affairs unless the educational S. RES. 709 At the request of Mr. JOHNSON, the The bill would also require States to institution providing the course per- names of the Senator from Tennessee adopt a ‘‘when in doubt, sit it out’’ pol- mits individuals to attend or partici- (Mr. CORKER), the Senator from New icy. If there is even the possibility that pate in courses pending payment by Jersey (Mr. MENENDEZ), the Senator a student athlete has suffered a concus- Department, and for other purposes. from Oregon (Mr. MERKLEY), the Sen- sion, their health and safety ought to S. 3247 ator from Montana (Mr. DAINES), the be the number one priority. That At the request of Mr. CORKER, the Senator from Connecticut (Mr. means, if an athlete is suspected of name of the Senator from Colorado BLUMENTHAL), the Senator from Rhode having sustained a concussion, they (Mr. GARDNER) was added as a cospon- Island (Mr. REED), the Senator from should sit out and not be allowed to re- sor of S. 3247, a bill to improve pro- Wisconsin (Ms. BALDWIN), the Senator turn to play the same day and, after grams and activities relating to wom- from Rhode Island (Mr. WHITEHOUSE), that, only once evaluated and cleared en’s entrepreneurship and economic the Senator from Indiana (Mr. YOUNG), by a qualified health care professional. empowerment that are carried out by the Senator from Maryland (Mr. the United States Agency for Inter- Unfortunately, many student ath- CARDIN), the Senator from Massachu- letes return to play prematurely—to national Development, and for other setts (Ms. WARREN), the Senator from purposes. the detriment of both their health and South Carolina (Mr. GRAHAM), the Sen- academic performance. S. 3447 ator from Georgia (Mr. PERDUE), the At the request of Mr. ROUNDS, the Senator from South Dakota (Mr. Let’s be clear: a concussion is a trau- matic brain injury that affects brain name of the Senator from Massachu- ROUNDS), the Senator from Virginia function. It is, by no means, something setts (Ms. WARREN) was added as a co- (Mr. KAINE), the Senator from Min- we can simply shake or walk off. The sponsor of S. 3447, a bill to amend title nesota (Ms. KLOBUCHAR), the Senator 38, United States Code, to require the from Oregon (Mr. WYDEN), the Senator still-developing brains of students Secretary of Veterans Affairs to pro- from Wyoming (Mr. ENZI), the Senator make them more susceptible to injury, vide information about whether edu- from Colorado (Mr. BENNET), the Sen- making concussions all the more dan- cational institutions allow individuals ator from New Jersey (Mr. BOOKER), gerous. to stay enrolled in courses of education the Senator from Pennsylvania (Mr. A ‘‘when in doubt, sit it out’’ policy, pending receipt of educational assist- CASEY) and the Senator from New York endorsed by the American College of ance from the Department of Veterans (Mrs. GILLIBRAND) were added as co- Sports Medicine and the American Affairs, and for other purposes. sponsors of S. Res. 709, a resolution Academy of Neurology, will take the S. 3638 condemning Russia’s provocative ac- decision to return to the game out of At the request of Mr. KYL, the names tions in the Kerch Strait against the the hands of a coach or an injured ath- of the Senator from Arkansas (Mr. COT- Ukrainian navy. lete who may not want to look ‘‘weak’’

VerDate Sep 11 2014 14:22 Feb 11, 2019 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD18\NOVEMBER\S29NO8.REC S29NO8 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE S7244 CONGRESSIONAL RECORD — SENATE November 29, 2018 to their teammates. It will prevent stu- tivities with the help of a multi-disciplinary (A) states that the student is capable of re- dents from experiencing successive in- concussion management team, which may suming participation in such activities; and juries by staying in the game when include— (B) may require the student to follow a they are not fit. It will give injured (I) a health care professional, the parents plan designed to aid the student in recov- ering and resuming participation in such ac- athletes the time to heal to help ensure of such student, a school nurse, relevant re- lated services personnel, and other relevant tivities in a manner that— that short term symptoms do not be- school personnel; and (i) is coordinated, as appropriate, with pe- come long term effects. (II) an individual who is assigned by a pub- riods of cognitive and physical rest while For school sports to be a safe option, lic school to oversee and manage the recov- symptoms of a concussion persist; and we have to put the necessary, common- ery of such student; and (ii) reintroduces cognitive and physical de- sense procedures for preventing, de- (ii) providing appropriate academic accom- mands on such student on a progressive basis tecting, responding to, and treating modations aimed at progressively reintro- only as such increases in exertion do not concussions in place. This bill would ducing cognitive demands on the student; cause the reemergence or worsening of symp- help do that. and toms of a concussion. (b) NONCOMPLIANCE.— It’s why my bill is endorsed by the (C) encourages the use of best practices de- (1) FIRST YEAR.—If a State described in signed to ensure, with respect to concus- American College of Sports Medicine, subsection (a) fails to comply with sub- sions, the uniformity of safety standards, the American Academy of Neurology, section (a) by the compliance deadline, the treatment, and management, such as— the National Collegiate Athletic Asso- Secretary of Education shall reduce by 5 per- (i) disseminating information on concus- ciation, the National Football League, cent the amount of funds the State receives sion safety and management to the public; the National Basketball Association, under the Elementary and Secondary Edu- and cation Act of 1965 (20 U.S.C. 6301 et seq.) for Major League Baseball, the National (ii) applying uniform best practice stand- Hockey League, the National Parent the first fiscal year following the compliance ards for concussion safety and management deadline. Teacher Association, the National As- to all students enrolled in public schools. (2) SUCCEEDING YEARS.—If the State fails to sociation of Secondary School Prin- (2) POSTING OF INFORMATION ON CONCUS- so comply by the last day of any fiscal year cipals, the Sports & Fitness Industry SIONS.—Each public elementary school and following the compliance deadline, the Sec- Association, the Korey Stringer Insti- each public secondary school shall post on retary of Education shall reduce by 10 per- tute, and Safe Kids World Wide. school grounds, in a manner that is visible to cent the amount of funds the State receives I hope my colleagues will join me in students and school personnel, and make under that Act for the following fiscal year. publicly available on the school website, in- this common-sense, evidence-based ap- (3) NOTIFICATION OF NONCOMPLIANCE.—Prior formation on concussions that— to reducing any funds that a State receives proach to protecting student athletes. (A) is based on peer-reviewed scientific evi- Thank you. under the Elementary and Secondary Edu- dence (such as information made available cation Act of 1965 (20 U.S.C. 6301 et seq.) in S. 3686 by the Centers for Disease Control and Pre- accordance with this subsection, the Sec- Be it enacted by the Senate and House of Rep- vention); retary of Education shall provide a written resentatives of the United States of America in (B) shall include information on— notification of the intended reduction of Congress assembled, (i) the risks posed by sustaining a concus- funds to the State and to the appropriate SECTION 1. SHORT TITLE. sion; committees of Congress. This Act may be cited as the ‘‘Protecting (ii) the actions a student should take in re- SEC. 3. RULE OF CONSTRUCTION. Student Athletes from Concussions Act of sponse to sustaining a concussion, including Nothing in this Act shall be construed to 2018’’. the notification of school personnel; and affect civil or criminal liability under Fed- SEC. 2. MINIMUM STATE REQUIREMENTS. (iii) the signs and symptoms of a concus- eral or State law. (a) MINIMUM REQUIREMENTS.—Each State sion; and SEC. 4. DEFINITIONS. that receives funds under the Elementary (C) may include information on— In this Act: and Secondary Education Act of 1965 (20 (i) the definition of a concussion; (1) CONCUSSION.—The term ‘‘concussion’’ U.S.C. 6301 et seq.) and does not meet the re- (ii) the means available to the student to means a type of mild traumatic brain injury quirements described in this section, as of reduce the incidence or recurrence of a con- that— the date of enactment of this Act, shall, not cussion; and (A) is caused by a blow, jolt, or motion to later than the last day of the fifth full fiscal (iii) the effects of a concussion on aca- the head or body that causes the brain to year after the date of enactment of this Act demic learning and performance. move rapidly in the skull; (referred to in this Act as the ‘‘compliance (3) RESPONSE TO CONCUSSION.—If an indi- (B) disrupts normal brain functioning and deadline’’), enact legislation or issue regula- vidual designated from among school per- alters the mental state of the individual, tions establishing the following minimum sonnel for purposes of this Act, one of whom causing the individual to experience— requirements: must be in attendance at every school-spon- (i) any period of observed or self-reported— (1) LOCAL EDUCATIONAL AGENCY CONCUSSION sored activity, suspects that a student has (I) transient confusion, disorientation, or SAFETY AND MANAGEMENT PLAN.—Each local sustained a concussion (regardless of wheth- impaired consciousness; educational agency in the State, in consulta- er or not the concussion occurred during (II) dysfunction of memory around the tion with members of the community in school-sponsored activities, during school time of injury; or which such agency is located, shall develop hours, on school property, or during an ath- (III) loss of consciousness lasting less than and implement a standard plan for concus- letic activity)— 30 minutes; or sion safety and management that— (A) the student shall be— (ii) any 1 of 4 types of symptoms, includ- (A) educates students, parents, and school (i) immediately removed from participa- ing— personnel about concussions, through activi- tion in a school-sponsored athletic activity; (I) physical symptoms, such as headache, ties such as— and fatigue, or dizziness; (i) training school personnel, including (ii) prohibited from returning to partici- (II) cognitive symptoms, such as memory coaches, teachers, athletic trainers, related pate in a school-sponsored athletic activity disturbance or slowed thinking; services personnel, and school nurses, on on the day that student is removed from (III) emotional symptoms, such as irrita- concussion safety and management, includ- such participation; and bility or sadness; or ing training on the prevention, recognition, (B) the designated individual shall report (IV) difficulty sleeping; and and academic consequences of concussions to the parent or guardian of such student— (C) can occur— and response to concussions; and (i) any information that the designated (i) with or without the loss of conscious- (ii) using, maintaining, and disseminating school employee is aware of regarding the ness; and to students and parents— date, time, and type of the injury suffered by (ii) during participation in any organized (I) release forms and other appropriate such student (regardless of where, when, or sport or recreational activity. forms for reporting and record keeping; how a concussion may have occurred); and (2) HEALTH CARE PROFESSIONAL.—The term (II) treatment plans; and (ii) any actions taken to treat such stu- ‘‘health care professional’’— (III) prevention and post-injury observa- dent. (A) means an individual who has been tion and monitoring fact sheets about con- (4) RETURN TO ATHLETICS.—If a student has trained in diagnosis and management of cussion; sustained a concussion (regardless of wheth- traumatic brain injury in a pediatric popu- (B) encourages supports, where feasible, for er or not the concussion occurred during lation; and a student recovering from a concussion (re- school-sponsored activities, during school (B) includes a physician (M.D. or D.O.) or gardless of whether or not the concussion oc- hours, on school property, or during an ath- certified athletic trainer who is registered, curred during school-sponsored activities, letic activity), before such student resumes licensed, certified, or otherwise statutorily during school hours, on school property, or participation in school-sponsored athletic recognized by the State to provide such diag- during an athletic activity), such as— activities, the school shall receive a written nosis and management. (i) guiding the student in resuming partici- release from a health care professional, (3) LOCAL EDUCATIONAL AGENCY; STATE.— pation in athletic activity and academic ac- that— The terms ‘‘local educational agency’’ and

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.041 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7245 ‘‘State’’ have the meanings given such terms families in providing safe and stable homes ple in the United States with the history of in section 8101 of the Elementary and Sec- succeed because of partnerships created the League; and ondary Education Act of 1965 (20 U.S.C. 7801). among families, youth-based advocacy orga- Whereas at least 29 women from the Com- (4) RELATED SERVICES PERSONNEL.—The nizations, community-based human service monwealth of Massachusetts played in the term ‘‘related services personnel’’ means in- agencies, law enforcement, schools, faith- League, including Noella Leduc Alverson, dividuals who provide related services, as de- based organizations, and businesses; and Rita Briggs, Patricia Brown, Jean Buckley, fined under section 602 of the Individuals Whereas the National Runaway Safeline Cynthia Esposito Normine Capritta, Joan with Disabilities Education Act (20 U.S.C. and the National Network for Youth are Tysver Chiancola, Clara Chiano, Patricia 1401). leading the promotion of National Runaway Courtney, Mary Dailey, Alice DeCambra, (5) SCHOOL-SPONSORED ATHLETIC ACTIVITY.— Prevention Month in November 2018— Madeline English, Annie Gosbee, Dorothy The term ‘‘school-sponsored athletic activ- (1) to raise awareness of the runaway and Green, Josephine Hasham, Lillian DeCambra ity’’ means— homeless youth crisis and the issues these Kelley, Marie Mansfield Kelley, Helen Ketola (A) any physical education class or pro- young people face; and LaCamera, Rhoda Leonard Linehan, Marie gram of a school; (2) to educate the public about solutions Eileen Albright Lockhart, Georgette Vincent (B) any athletic activity authorized during and the role they can play in ending youth Mooney, Helen Nordquist, Beatrice Arbour the school day on school grounds that is not homelessness: Now, therefore, be it Parrott, Katherine Pechulis, Lucille Stone an instructional activity; Resolved, That the Senate— Richards, Grace Rogato, Mary Sheehan, Bar- (C) any extra-curricular sports team, club, (1) designates November 2018 as ‘‘National bara Parks Young, Sue Parsons Zipay, and or league organized by a school on or off Runaway Prevention Month’’; and Mary Pratt of Quincy, who is celebrating her school grounds; and (2) recognizes and supports the goals and 100th birthday this year: Now, therefore, be (D) any recess activity. ideals of National Runaway Prevention it f Month. Resolved by the Senate (the House of Rep- f resentatives concurring), That Congress hon- SUBMITTED RESOLUTIONS ors the 75th anniversary of the All-American SENATE RESOLUTION 712—AU- Girls Professional Baseball League. THORIZING THE USE OF OFFI- f SENATE RESOLUTION 711—DESIG- CIAL OFFICE FUNDS TO PUR- NATING NOVEMBER 2018 AS ‘‘NA- CHASE THE POCKET VERSION OF SENATE CONCURRENT RESOLU- TIONAL RUNAWAY PREVENTION THE CONSTITUTION OF THE TION 54—AUTHORIZING THE MONTH’’ UNITED STATES PRINTING OF THE 26TH EDITION Ms. DUCKWORTH (for herself, Mr. OF THE POCKET VERSION OF Mr. BLUNT (for himself and Ms. KLO- HATCH, Mr. ROBERTS, Mrs. MURRAY, THE CONSTITUTION OF THE BUCHAR) submitted the following reso- and Mr. REED) submitted the following UNITED STATES lution; which was considered and resolution; which was referred to the agreed to: Mr. BLUNT (for himself and Ms. KLO- Committee on the Judiciary: S. RES. 712 BUCHAR) submitted the following con- S. RES. 711 Resolved, current resolution; which was consid- Whereas results from the Voices of Youth ered and agreed to: Count national survey, as published by SECTION 1. POCKET VERSION OF THE CONSTITU- S. CON. RES. 54 Chapin Hall at the University of Chicago in TION OF THE UNITED STATES. ‘‘Missed Opportunities: Youth Homelessness Section 2(3) of Senate Resolution 294 (96th Resolved by the Senate (the House of Rep- in America’’, indicates that an estimated Congress), agreed to April 29, 1980, is amend- resentatives concurring), 4,200,000 youth and young adults between 13 ed— SECTION 1. POCKET VERSION OF THE CONSTITU- and 24 years of age experienced homelessness (1) by striking ‘‘and copies’’ and inserting TION OF THE UNITED STATES. during a 12-month period ending in 2017, in- ‘‘copies’’; and (a) IN GENERAL.—The 26th edition of the cluding— (2) by inserting ‘‘, and copies of the pocket pocket version of the Constitution of the (1) an estimated 700,000 children between 13 version of the Constitution of the United United States shall be printed as a Senate and 17 years of age who experienced unac- States published by the Government Pub- document under the direction of the Joint companied homelessness; and lishing Office’’ after ‘‘Historical Society’’. Committee on Printing. (2) an estimated 3,500,000 young adults be- f (b) ADDITIONAL COPIES.—In addition to the tween 18 and 24 years of age; usual number, there shall be printed the less- Whereas the rates of youth experiencing SENATE CONCURRENT RESOLU- er of— homelessness are similar in rural and TION 53—HONORING THE 75TH (1) 480,500 copies of the document, of which nonrural areas; ANNIVERSARY OF THE ALL- 255,500 copies shall be for the use of the Whereas runaway youth often have been AMERICAN GIRLS PROFESSIONAL House of Representatives, 200,000 copies shall expelled from their homes by their families, BASEBALL LEAGUE be for the use of the Senate, and 25,000 copies have experienced abuse and trauma, are in- shall be for the use of the Joint Committee volved in the foster care system, are too poor Ms. WARREN (for herself and Mr. on Printing; or to secure their own basic needs, and may be MARKEY) submitted the following con- (2) such number of copies of the document ineligible or unable to access medical or current resolution; which was referred as does not exceed a total production and mental health resources; to the Committee on Commerce, printing cost of $226,250, with distribution to Whereas runaway and homeless youth are Science, and Transportation: be allocated in the same proportion as de- at an increased risk for exploitation and be- scribed in paragraph (1), except that in no coming victims of sex and labor trafficking, S. CON. RES. 53 case shall the number of copies be less than and between 19 percent and 49 percent of Whereas the manpower demands of World 1 per Member of Congress. young people who experience homelessness War II forced many minor league baseball (c) DISTRIBUTION.—The copies of the docu- will become victims of trafficking; teams to disband as players were drafted, re- ment printed for the use of the House of Rep- Whereas youth who run away from home or sulting in a dearth of minor league teams by resentatives and the Senate under subsection from foster care are more likely to be co- late 1942; (a) shall be distributed in accordance with— erced into participating in criminal activity, Whereas, in late 1942, the Federal Govern- (1) a distribution plan approved by the joining a gang, or using illegal drugs, which ment warned major league baseball teams chair and ranking minority member of the lead to a higher likelihood of involvement in that increased manpower mobilization could Committee on House Administration of the the criminal justice system; result in cancellation of the 1943 baseball House of Representatives, in the case of the Whereas preventing youth from running season, which threatened to shutter Major copies printed for the use of the House of away from home or from foster care and sup- League Baseball parks across the country; Representatives; and porting youth in high-risk situations is a Whereas the All-American Girls Profes- (2) a distribution plan approved by the family, community, and national responsi- sional Baseball League (AAGPBL) was estab- chair and ranking minority member of the bility; lished, and spring training for the League Committee on Rules and Administration of Whereas the future well-being of the Na- started on May 17, 1943, to address the short- the Senate, in the case of the copies printed tion is dependent on the value placed on age of baseball players; for the use of the Senate. youth and the opportunities provided for Whereas, from 1943 to 1954, the League pro- youth to acquire the knowledge, skills, and vided more than 600 women the chance to f abilities necessary to help youth successfully play professional baseball, an opportunity AMENDMENTS SUBMITTED AND develop into safe, healthy, and productive never before afforded to female athletes in PROPOSED adults; the United States; Whereas effective programs supporting Whereas Penny Marshall’s film, ‘‘A League SA 4067. Mr. CORKER submitted an amend- runaway youth and assisting youth and their of Their Own,’’ familiarized millions of peo- ment intended to be proposed by him to the

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.034 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7246 CONGRESSIONAL RECORD — SENATE November 29, 2018 bill H.R. 600, to promote Internet access in sion Benefit Guaranty Corporation, A bill (S. 3628) to reauthorize the National developing countries and update foreign pol- Robert L. King, of Kentucky, to be As- Flood Insurance Program. icy toward the Internet, and for other pur- sistant Secretary of Education for There being no objection, the com- poses; which was ordered to lie on the table. Postsecondary Education, and John P. mittee was discharged and the Senate f Pallasch, of Kentucky, to be an Assist- proceeded to consider the bill. TEXT OF AMENDMENTS ant Secretary of Labor. Mr. KENNEDY. Mr. President, I ask unanimous consent that the bill be SA 4067. Mr. CORKER submitted an SUBCOMMITTEE ON ENERGY considered read a third time. amendment intended to be proposed by The Subcommittee on Energy of the The PRESIDING OFFICER. Without him to the bill H.R. 600, to promote Committee on Energy and Natural Re- objection, it is so ordered. Internet access in developing countries sources is authorized to meet during the session of the Senate on Thursday, The bill was ordered to be engrossed and update foreign policy toward the for a third reading and was read the Internet, and for other purposes; which November 29, 2018, at 10 a.m., to con- duct a hearing. third time. was ordered to lie on the table; as fol- Mr. KENNEDY. I know of no further lows: f debate on the bill. At the end, add the following: PRIVILEGES OF THE FLOOR The PRESIDING OFFICER. If there SEC. 5. COST LIMITATION. Mr. SULLIVAN. Mr. President, I ask is no further debate, the bill having No additional funds are authorized to be been read the third time, the question appropriated to carry out the provisions of unanimous consent that my defense fellow, Amy Williams; my Coast Guard is, Shall the bill pass? this Act. The bill (S. 3628) was passed, as fol- f fellow, Thomas Mansour; and my State Department fellow, Mary Eileen Earl, lows: AUTHORITY FOR COMMITTEES TO be granted floor privileges for the re- S. 3628 MEET mainder of the Congress. Be it enacted by the Senate and House of Rep- Mr. KENNEDY. Mr. President, I have The PRESIDING OFFICER. Without resentatives of the United States of America in Congress assembled, 5 requests for committees to meet dur- objection, it is so ordered. ing today’s session of the Senate. They SECTION 1. SHORT TITLE. f This Act may be cited as the ‘‘National have the approval of the Majority and EXTENDING THE NATIONAL FLOOD Flood Insurance Program Extension Act’’. Minority leaders. INSURANCE PROGRAM TO DE- SEC. 2. REAUTHORIZATION OF NATIONAL FLOOD Pursuant to rule XXVI, paragraph CEMBER 7, 2018 INSURANCE PROGRAM. 5(a), of the Standing Rules of the Sen- (a) FINANCING.—Section 1309(a) of the Na- ate, the following committees are au- Mr. KENNEDY. Mr. President, I ask tional Flood Insurance Act of 1968 (42 U.S.C. thorized to meet during today’s session unanimous consent that the Senate 4016(a)) is amended by striking ‘‘November of the Senate: proceed to the immediate consider- 30, 2018’’ and inserting ‘‘May 31, 2019’’. (b) PROGRAM EXPIRATION.—Section 1319 of COMMITTEE ON ARMED SERVICES ation of H.R. 7187. The PRESIDING OFFICER. The the National Flood Insurance Act of 1968 (42 The Committee on Armed Services is clerk will report the bill by title. U.S.C. 4026) is amended by striking ‘‘Novem- authorized to meet during the session ber 30, 2018’’ and inserting ‘‘May 31, 2019’’. The senior assistant legislative clerk of the Senate on Thursday, November (c) RETROACTIVE EFFECTIVE DATE.—If this read as follows: 29, 2018, at 9:30 a.m., to conduct a hear- Act is enacted after November 30, 2018, the ing on the following nominations: A bill (H.R. 7187) to extend the National amendments made by subsections (a) and (b) Flood Insurance Program to December 7, shall take effect as if enacted on November Thomas McCaffery, of California, to be 2018. 30, 2018. an Assistant Secretary of Defense, and Mr. KENNEDY. I ask unanimous con- William Bookless, of California, to be There being no objection, the Senate sent that the motion to reconsider be Principal Deputy Administrator, Na- proceeded to consider the bill. considered made and laid upon the tional Nuclear Security Administra- Mr. KENNEDY. I ask unanimous con- table. tion, Department of Energy. sent that the bill be considered read a third time. The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without objection, it is so ordered. AFFAIRS objection, it is so ordered. f The Committee on Banking, Housing, The bill was ordered to a third read- EXPRESSING CONCERN OVER THE and Urban Affairs is authorized to ing and was read the third time. DISAPPEARANCE OF DAVID meet during the session of the Senate Mr. KENNEDY. I know of no further SNEDDON on Thursday, November 29, 2018, at 10 debate on the bill. a.m., to conduct a hearing entitled The PRESIDING OFFICER. If there Mr. KENNEDY. Mr. President, I ask ‘‘Combatting Money Laundering and is no further debate, the bill having unanimous consent that the Senate other forms of illicit finance: Regu- been read the third time, the question proceed to the consideration of Cal- lator and Law Enforcement perspec- is, Shall the bill pass? endar No. 309, S. Res. 92. tives on Reform.’’ The bill (H.R. 7187) was passed. The PRESIDING OFFICER. The COMMITTEE ON ENVIRONMENT AND PUBLIC Mr. KENNEDY. Mr. President, I ask clerk will report the bill by title. WORKS unanimous consent that the motion to The senior assistant legislative clerk The Committee on Environment and reconsider be considered made and laid read as follows: Public Works is authorized to meet upon the table. A resolution (S. Res. 92) expressing concern during the session of the Senate on The PRESIDING OFFICER. Without over the disappearance of David Sneddon, Thursday, November 29, 2018, at 10:30 objection, it is so ordered. and for other purposes. a.m., to conduct a hearing entitled f The PRESIDING OFFICER. There ‘‘The Global Fight to End Modern Slav- being no objection, the Senate pro- ery.’’ NATIONAL FLOOD INSURANCE ceeded to consider the resolution, COMMITTEE ON HEALTH, EDUCATION, LABOR, PROGRAM EXTENSION ACT which had been reported from the Com- AND PENSIONS Mr. KENNEDY. Mr. President, I ask mittee on Foreign Relations. The Committee on Health, Edu- unanimous consent that the Com- Mr. LEE. Mr. President, David cation, Labor, and Pensions is author- mittee on Banking, Housing, and Sneddon was a 24-year-old Brigham ized to meet during the session of the Urban Affairs be discharged from fur- Young University student who trag- Senate on Thursday, November 29, 2018, ther consideration of S. 3628 and the ically vanished while traveling in the at 10:30 a.m., to conduct a business Senate proceed to its immediate con- Yunnan Province of China in August of meeting and hearing on the nomina- sideration. 2004. After a cursory investigation, Chi- tion of Erhard R. Chorle, of Illinois, to The PRESIDING OFFICER. The nese officials concluded that David be a Member of the Railroad Retire- clerk will report the bill by title. must have died while hiking alone ment Board, Gordon Hartogensis, of The senior assistant legislative clerk through Tiger Leaping Gorge, but the Connecticut, to be Director of the Pen- read as follows: officials’ story didn’t add up.

VerDate Sep 11 2014 04:55 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.043 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE November 29, 2018 CONGRESSIONAL RECORD — SENATE S7247 For starters, David was an avid and Mr. KENNEDY. Mr. President, I ask be agreed to, the preamble be agreed experienced hiker, unlikely to make a unanimous consent that the resolution to, and the motions to reconsider be mistake that would have led to his be agreed to, the preamble be agreed considered made and laid upon the death on the trail. Over 14 years later, to, and the motions to reconsider be table. a body has never been found. David’s considered made and laid upon the The PRESIDING OFFICER. Without family retraced his steps and found table. objection, it is so ordered. eyewitnesses that both interacted with The PRESIDING OFFICER. Without The resolution (S. Res. 709) was him on the trail and saw him in a Chi- objection, it is so ordered. agreed to. nese city at the end of the hiking The resolution (S. Res. 92) was agreed The preamble was agreed to. route, suggesting that he made it safe- to. (The resolution, with its preamble, is ly through the other side of the gorge. The preamble was agreed to. printed in the RECORD of November 27, In fact, there is much evidence to (The resolution, with its preamble, is 2018, under ‘‘Submitted Resolutions.’’) suggest that the North Korean govern- printed in the RECORD of March 23, 2017, f ment was responsible for David’s dis- under ‘‘Submitted Resolutions.’’) appearance. AUTHORIZING THE PRINTING OF For starters, he was traveling near f THE 26TH EDITION OF THE POCK- the so-called Asian Underground Rail- EXPRESSING SUPPORT FOR THE ET VERSION OF THE CONSTITU- road, a network of mostly Christian DESIGNATION OF THE WEEK OF TION OF THE UNITED STATES missionaries who help North Korean NOVEMBER 19 THROUGH NOVEM- Mr. KENNEDY. Mr. President, I ask defectors flee to safety. North Korean BER 23, 2018, AS ‘‘NATIONAL FAM- unanimous consent that the Senate agents are known to operate along the ILY SERVICE LEARNING WEEK’’ proceed to immediate consideration of route, ruthlessly hunting down defec- Mr. KENNEDY. Mr. President, I ask S. Con. Res. 54. tors and returning them to execution The PRESIDING OFFICER. The or permanent captivity on the gulag unanimous consent that the Health, Education, Labor, and Pensions Com- clerk will report the concurrent resolu- peninsula of North Korea. tion by title. Second, David was last seen leaving a mittee be discharged from further con- sideration and the Senate now proceed The senior assistant legislative clerk Korean restaurant. Korean restaurants read as follows: are reportedly used as outposts for to S. Res. 688. A concurrent resolution (S. Con. Res. 54) North Korean espionage and illicit en- The PRESIDING OFFICER. The clerk will report the resolution by authorizing the printing of the 26th edition terprise. of the pocket version of the Constitution of Finally, and perhaps most tellingly, 1 title. the United States. The senior assistant legislative clerk month before David’s disappearance, There being no objection, the Senate read as follows: North Korea took the rare step of re- proceeded to consider the resolution. leasing an American captive, 64-year- A resolution (S. Res. 688) expressing sup- Mr. KENNEDY. Mr. President, I ask port for the designation of the week of No- old Charles Jenkins. North Korea unanimous consent that the concur- forced Jenkins to teach English to its vember 19 through November 23, 2018, as ‘‘Na- rent resolution be agreed to and the spies at a military university during tional Family Service Learning Week.’’ motion to reconsider be considered his almost 40-year captivity. After his There being no objection, the com- made and laid upon the table with no release, the regime would have needed mittee was discharged, and the Senate intervening action or debate. a substitute teacher. proceeded to consider the resolution. The PRESIDING OFFICER. Without David Sneddon, unfortunately, would Mr. KENNEDY. Mr. President, I ask objection, it is so ordered. perfectly fit the bill. A highly educated unanimous consent that the resolution The concurrent resolution (S. Con. Asian languages major, he spoke fluent be agreed to, the preamble be agreed Res. 54) was agreed to. Korean and was learning Mandarin. to, and the motions to reconsider be (The resolution, is printed in today’s Subsequent intelligence from inside considered made and laid upon the RECORD under ‘‘Submitted Resolu- North Korea has strongly supported table. tions.’’) these facts. David Sneddon was taken The PRESIDING OFFICER. Without by the North Korean regime in 2004. He objection, it is so ordered. f likely has been held captive in that The resolution (S. Res. 688) was AUTHORIZING THE USE OF OFFI- country ever since. agreed to. CIAL OFFICE FUNDS TO PUR- I, along with my colleagues Senators The preamble was agreed to. CHASE THE POCKET VERSION OF HATCH, COONS, FISCHER, SASSE, RUBIO, (The resolution, with its preamble, is THE CONSTITUTION OF THE FLAKE, GARDNER, and SULLIVAN have printed in the RECORD of November 15, UNITED STATES introduced a resolution expressing our 2018, under ‘‘Submitted Resolutions.’’) grave concern about the disappearance Mr. KENNEDY. Mr. President, I ask of David Sneddon. f unanimous consent that the Senate proceed to consideration of S. Res. 712, Our resolution directs the State De- CONDEMNING RUSSIA’S PROVOCA- submitted earlier today. partment and intelligence community TIVE ACTIONS IN THE KERCH The PRESIDING OFFICER. The to investigate all plausible expla- STRAIT AGAINST THE UKRAIN- clerk will report the bill by title. nations for David’s disappearance in- IAN NAVY cluding abduction by North Korea. The senior assistant legislative clerk Further, it encourages them to reinvig- Mr. KENNEDY. Mr. President, I ask read as follows: orate diplomatic efforts and work unanimous consent that the Foreign A resolution (S. Res. 712) authorizing the closely with our allies in the region. Relations Committee be discharged use of official office funds to purchase the Lastly, it calls upon the State De- from further consideration and the pocket version of the Constitution of the partment and intelligence community Senate now proceed to S. Res. 709. United States. to continue to work with and inform The PRESIDING OFFICER. The There being no objection, the Senate Congress and the Sneddon family on ef- clerk will report the resolution by proceeded to consider the resolution. forts to recover David and resolve his title. Mr. KENNEDY. Mr. President, I ask disappearance. The senior assistant legislative clerk unanimous consent that the resolution We owe it to David, who had his read as follows: be agreed to, the preamble be agreed whole life ahead of him before setting A resolution (S. Res. 709) condemning Rus- to, and that the motions to reconsider out to hike the Tiger Leaping Gorge on sia’s provocative actions in the Kerch Strait be considered made and laid upon the that fateful day in August 2004. We owe against the Ukrainian navy. table with no intervening action or de- to the Sneddon family, who have wait- There being no objection, the com- bate. ed, prayed, and tirelessly advocated for mittee was discharged, and the Senate The PRESIDING OFFICER. Without his safe recovery. proceeded to consider the resolution. objection, it is so ordered. I urge my colleagues to vote in favor Mr. KENNEDY. Mr. President, I ask The resolution (S. Res. 712) was of this resolution. unanimous consent that the resolution agreed to.

VerDate Sep 11 2014 06:25 Nov 30, 2018 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A29NO6.035 S29NOPT1 SSpencer on DSKBBXCHB2PROD with SENATE S7248 CONGRESSIONAL RECORD — SENATE November 29, 2018 The preamble was agreed to. To be brigadier general MICHAEL W. TODD ROXANNE THERESE TOY (The resolution, with its preamble, is COL. TIMOTHY D. CONNELLY ROBERT QUIMBY TROY printed in today’s RECORD under ‘‘Sub- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEREMIAH SANTIAGO TUCKER IN THE RESERVE OF THE ARMY TO THE GRADE INDI- TODD L. WALTON mitted Resolutions.’’) CATED UNDER TITLE 10, U.S.C., SECTION 12203: JEREMY T. WHITE SHELDON BERNARD WILSON f To be brigadier general MATTHEW DAVID WOOLUMS WILLIAM E. ZUTELL III COL. GERALD R. KRIMBILL AUTHORITY TO SIGN DULY EN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADES INDICATED IN THE REGULAR AIR FORCE ROLLED BILLS OR JOINT RESO- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- UNDER TITLE 10, U.S.C., SECTION 531: LUTIONS CATED UNDER TITLE 10, U.S.C., SECTION 12203: To be lieutenant colonel Mr. KENNEDY. Mr. President, I ask To be brigadier general JENNIFER L. GURGANUS COL. STACY M. BABCOCK unanimous consent that the majority To be major leader and the senior Senator from THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED APRIL H. CLEMMENSEN Alaska be authorized to sign duly en- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND rolled bills or joint resolutions on Fri- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE ARMY day, November 30, 2018. To be lieutenant general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY The PRESIDING OFFICER. Without LT. GEN. ERIC J. WESLEY JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, objection, it is so ordered. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT U.S.C., SECTIONS 624 AND 3064: IN THE UNITED STATES ARMY TO THE GRADE INDICATED To be lieutenant colonel f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RAYMOND R. ADAMS III ORDERS FOR MONDAY, DECEMBER To be lieutenant general TREVOR I. J. BARNA CHRISTOPHER B. BERHOW 3, 2018 MAJ. GEN. ANDREW P. POPPAS CHRISTOPHER A. CALLICOTT IN THE NAVY JOHN W. CAULWELL Mr. KENNEDY. Mr. President, I ask JOHN K. CHOIKE unanimous consent that when the Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STEPHANIE R. COOPER IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRADLEY M. COWAN ate completes its business today, it ad- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EMILEE O. ELBERT journ until 3 o’clock p.m., Monday, De- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TRAVIS W. ELMS JESSICA M. FARRELL cember 3; further, that following the To be vice admiral MADELINE F. GORINI LAURA A. GRACE prayer and pledge, the morning hour be REAR ADM. ROBERT D. SHARP JESSE T. GREENE deemed expired, the Journal of pro- IN THE AIR FORCE JENNIFER M. HEALY ceedings be approved to date, the time CHAD E. HIGHFILL THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE RYAN A. HOWARD for the two leaders be reserved for their UNITED STATES OFFICERS FOR APPOINTMENT TO THE THOMAS P. HYNES use later in the day, and morning busi- GRADE INDICATED IN THE RESERVE OF THE AIR FORCE ELLIOTT G. JOHNSON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: PETER G. JUETTEN ness be closed; further, that the Senate To be colonel BRIAN J. KARGUS proceed to executive session and re- RYAN K. KERWIN MOHAN S. AKELLA KEVIN D. KORNEGAY sume consideration of Executive Cal- LAURA LYNN AMBERS FRANK E. KOSTIK, JR. endar No. 1153 and that notwith- CHRISTOPHER G. BATTERTON CHRISTOPHER A. LACOUR PAUL MAURICE BISHOP MICHAEL H. LAMPHIER standing rule XXII, the cloture vote on ERIC CARROLL BURDGE KEVIN M. LEY that nomination occur at 5:30 p.m. DOREEN MARIE CHEMOTTI DANIEL D. MAURER LYN A. CLEVELAND DANIEL L. MAZZONE The PRESIDING OFFICER. Without PATRICK WILLIAM COX ALLISON D. MCFEATTERS objection, it is so ordered. CHAD B. CROCKER DAVID M. ODEA BARRY F. DEIBERT JENNIFER A. PARKER f CHARLES D. DEMARQUE JESS R. RANKIN WILLIAM PETER J. DESAUTELLE MICHAEL A. RIZZOTTI ORDER FOR ADJOURNMENT STEPHEN JAMES DILLON JESS B. ROBERTS CHRISTOPHER FRANCIS DOUGHERTY MICHAEL E. SCHAUSS Mr. KENNEDY. Mr. President, if JAMES F. EHRMAN BRETT C. SHEPARD DOMINIC STEPHEN FAGO TODD W. SIMPSON there is no further business to come be- ANGEL FIGUEROA WILLIAM J. STEPHENS fore the Senate, I ask unanimous con- SONYA LYNETTE FINCH ANDRES VAZQUEZ, JR. KENNETH S. FINK WENER VIEUX sent that it stand adjourned under the DANETTE SHERRI GARCIA REBECCA D. WHITE previous order. JEREMIAH SHI GENTRY WAYNE H. WILLIAMS CHRISTOPHER JOHN GERMANN MATTHEW E. WRIGHT There being no objection, the Senate, CHRISTOPHER DUANE GRIES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT at 7:46 p.m., adjourned until Monday, TODD M. GUAY TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEREMY GUY GUENET UNDER TITLE 10, U.S.C., SECTION 624: December 3, 2018 at 3 p.m. VICTORIA T. HABAS SPENCER D. HANSEN To be lieutenant colonel f EMILE HUGO HAWKINS, SR. CHAD MICHAEL HYNNEK PAUL M. FUGERE NOMINATIONS CHAD ROBERT JAMES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN RAYMOND JUSSEAUME TO THE GRADE INDICATED IN THE UNITED STATES ARMY Executive nominations received by CORY JAMES KESTEL UNDER TITLE 10, U.S.C., SECTION 624: BRIAN DION KILE the Senate: CHARLES TIMOTHY KILLIAN To be lieutenant colonel IN THE AIR FORCE MATTHEW SHINICHIRO KOMATSU CLARENCE K. GRAHAM SHEILA ANN LANG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PAUL WAYNE LAYMON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TIMOTHY JOHN LINCOLN TO THE GRADE INDICATED IN THE UNITED STATES ARMY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AARON T. LINDSEY UNDER TITLE 10, U.S.C., SECTION 624: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER T. LINTON To be colonel 601: JEFFERY R. LOCKE JACKSON A. KURTZMAN To be lieutenant general PHILLIP L. MALLORY BRIAN JOHN MARBACH THE FOLLOWING NAMED OFFICER FOR REGULAR AP- MAJ. GEN. DUKE Z. RICHARDSON WILLIAM JOSEPH MCCRINK III POINTMENT IN THE GRADE INDICATED IN THE UNITED ERIC J. NEWMAN STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: IN THE ARMY ELLEN R. NOBLE REID J. NOVOTNY To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN R. OBERST JEREMY T. TENNENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY WILHELMINA J. PANZER UNDER TITLE 10, U.S.C., SECTION 624: DENISE M. PRONESTI THE FOLLOWING NAMED OFFICER FOR REGULAR AP- To be brigadier general QUAID HASAN QUADRI, JR. POINTMENT IN THE GRADE INDICATED IN THE UNITED JASON S. RABIDEAU STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: COL. KEVIN D. ADMIRAL JEFFREY MICHAEL RENGEL To be major COL. TIMOTHY D. BROWN THOMAS CLIFFORD RUUD COL. JOSHUA M. RUDD PAUL ANIBAL SALAS JONATHAN D. THOMPSON COL. PAUL T. STANTON CLAYTON ARTHUR SCHAEFER IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL D. SCHANER IN THE UNITED STATES ARMY TO THE GRADE INDICATED CHARLES P. SCRONCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RONALD LEON SELVIDGE, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CYNTHIA LEA SMITH UNDER TITLE 10, U.S.C., SECTION 624: DAVID C. SMITH To be lieutenant general MONICA NAVARRO SMITH To be captain SANDY MELISSA SMOCK MAJ. GEN. TERRY R. FERRELL JOSEPH MICHAEL STAHL THOMAS J. ZERR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN M. TENBRUNSEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ARMY TO THE GRADE INDI- ADAM B. THOMAS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CATED UNDER TITLE 10, U.S.C., SECTION 12203: JAMIELYN G. THOMPSON UNDER TITLE 10, U.S.C., SECTION 624:

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To be captain IN THE MARINE CORPS To be major

SHELTON L. LYONS II THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT A. GREEN, JR. IN THE GRADE INDICATED IN THE REGULAR MARINE JESUS S. MENDEZ CORPS UNDER TITLE 10, U.S.C. SECTION 531:

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